Decision 2141M – City of San Jose

SF-CO-168-M

Decision Date: November 10, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 167

Decision Headnotes

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.01000 – In General

PERB is not limited to explicit statutory prohibitions in finding activity to be bad faith bargaining. Thus, even where the objective of a strike is lawful, the means used to carry out that objective may be unlawful. Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding picketing constituted an unlawful pressure tactic, since PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.06000 – Sympathy

Issue of whether conduct of private employees in refusing to work due to picketing by building inspectors at private construction sites was privileged as a “sympathy strike” or otherwise is irrelevant to issue of whether the picketing was an unfair pressure tactic in violation of MMBA.

302.00000 – UNFAIR PRACTICE ISSUES; PICKETING
302.01000 – In General

Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. Tactics were particularly coercive given that the inspectors possessed direct regulatory control over the construction projects they picketed. The disruption of the business of neutral third parties is inconsistent with the public interest in promoting harmonious labor relations as well as the efficient delivery of public services. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding picketing constituted an unlawful pressure tactic, since PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute.

802.00000 – UNION UNFAIR PRACTICES; UNLAWFUL STRIKES AND WORK STOPPAGES
802.01000 – In General

Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. Tactics were particularly coercive given that the inspectors possessed direct regulatory control over the construction projects they picketed. The disruption of the business of neutral third parties is inconsistent with the public interest in promoting harmonious labor relations as well as the efficient delivery of public services. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding picketing constituted an unlawful pressure tactic, since PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.01000 – In General

Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.03000 – Strike as Unlawful Pressure Tactic

Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. Tactics were particularly coercive given that the inspectors possessed direct regulatory control over the construction projects they picketed. The disruption of the business of neutral third parties is inconsistent with the public interest in promoting harmonious labor relations as well as the efficient delivery of public services. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding that picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, constituted an unlawful pressure tactic in violation of the MMBA. PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute.