Decision I046E – San Ramon Valley Unified School District

SF-CO-262

Decision Date: October 12, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15187

Decision Headnotes

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.04000 – Other

A strike provoked by an employer's unfair labor practices would be protected at any time at which it occurs in the bargaining process so long as the striking employee organization has not failed to participate in good faith in the statutory impasse procedures; p. 10.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.02000 – Pre-Impasse

Given the complicated factual record, the contradictory claims of the parties, the unsettled state of the law, and the absence of a full evidentiary hearing, the Board determined the district has not demonstrated reasonable cause to believe that the association committed an unfair practice by engaging in strikes; p. 11.

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.02000 – Standards for Obtaining Injunctive Relief

Given the complicated factual record, the contradictory claims of the parties, the unsettled state of the law, and the absence of a full evidentiary hearing, the Board determined the district has not demonstrated reasonable cause to believe that the association committed an unfair practice by engaging in strikes; p. 11. Intermittent or partial strikes are to be distinguished from strikes of short duration, where employees are not attempting to work and strike at the same time; p. 12. Board finds that intermittent nature of strike states a prima facie violation of EERA and should proceed to a hearing. Board finds no reasonable cause warranting extraordinary relief; p. 13.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.05000 – Intermittent

Intermittent or partial strikes are to be distinguished from strikes of short duration, where employees are not attempting to work and strike at the same time; p. 12. Board finds that intermittent nature of strike states a prima facie violation of EERA and should proceed to a hearing. Board finds no reasonable cause warranting extraordinary relief; p. 13.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.04000 – Unfair Practice

A strike provoked by an employer's unfair labor practices would be protected at any time at which it occurs in the bargaining process so long as the striking employee organization has not failed to participate in good faith in the statutory impasse procedures; p. 10.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.10000 – Notice of Intent to Strike

Board finds the surprise nature of strikes constitutes an unlawful pressure tactic warranting injunctive relief; p. 13. Board orders General Counsel to seek injunctive relief against association requiring it to give adequate notice to district before engaging in a work stoppage; p. 16.

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.03000 – Board Proceedings in Court

Board finds the surprise nature of strikes constitutes an unlawful pressure tactic warranting injunctive relief; p. 13. Board orders General Counsel to seek injunctive relief against association requiring it to give adequate notice to district before engaging in a work stoppage; p. 16.