Decision 1638H – Regents of the University of California
SF-CO-66-H
Decision Date: June 9, 2004
Decision Type: PERB Decision
Description: University alleged that union violated HEERA by engaging in a sympathy strike in violation of contract. Board remanded charge for further investigation of extrinsic evidence.
Disposition: Board reversed dismissal and remanded case for further investigation and processing.
Perc Vol: 28
Perc Index: 162
Decision Headnotes
301.03000 – Post-Impasse
As there is no common law prohibition on strikes, a sympathy strike constitutes an unfair practice only if prohibited by the applicable CBA.
301.06000 – Sympathy
As there is no common law prohibition on strikes, a sympathy strike constitutes an unfair practice only if prohibited by the applicable CBA.
802.01000 – In General
As there is no common law prohibition on strikes, a sympathy strike constitutes an unfair practice only if prohibited by the applicable CBA.
806.01000 – In General
To determine whether a union has waived its right to engage in a sympathy strike, the Board uses the standard in Children’s Hospital Medical Center v. Nurses Ass’n. Under that standard, a general no-strike clause will not be read to apply to sympathy strikes unless there is extrinsic evidence demonstrating a mutual intent to include such strikes.
606.08000 – Conduct Outside of Negotiations; Prior UPs
To determine whether a union has waived its right to engage in a sympathy strike, the Board uses the standard in Children’s Hospital Medical Center v. Nurses Ass’n. Under that standard, a general no-strike clause will not be read to apply to sympathy strikes unless there is extrinsic evidence demonstrating a mutual intent to include such strikes.
1402.02000 – Union’s Waiver of Employee or Organizational Rights
To determine whether a union has waived its right to engage in a sympathy strike, the Board uses the standard in Children’s Hospital Medical Center v. Nurses Ass’n. Under that standard, a general no-strike clause will not be read to apply to sympathy strikes unless there is extrinsic evidence demonstrating a mutual intent to include such strikes.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
To determine whether a union has waived its right to engage in a sympathy strike, the Board uses the standard in Children’s Hospital Medical Center v. Nurses Ass’n. Under that standard, a general no-strike clause will not be read to apply to sympathy strikes unless there is extrinsic evidence demonstrating a mutual intent to include such strikes.