Decision I049E – Sacramento City Unified School District * * * OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 * * *
S-CO-145
Decision Date: February 17, 1987
Decision Type: Injunctive Relief
Perc Vol: 11
Perc Index: 18053
Decision Headnotes
301.02000 – Pre-Impasse
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.” ***
Strike that occurs prior to the exhaustion of impasse procedures creates a rebuttable presumption that the employee organization is either refusing to negotiate in good faith and/or refusing to participate in impasse procedures; p. 3. Even in the presence of an employer's alleged unfair practice, the employee organization must show a causal connection between the employer's action and the strike. As pre-impasse strike does not appear to have been provoked by the district and was not undertaken as a last resort, Board orders General Counsel to seek an injunction to halt the strike; p. 7.
1207.02000 – Standards for Obtaining Injunctive Relief
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.” ***
Strike that occurs prior to the exhaustion of impasse procedures creates a rebuttable presumption that the employee organization is either refusing to negotiate in good faith and/or refusing to participate in impasse procedures; p. 3. Even in the presence of an employer's alleged unfair practice, the employee organization must show a causal connection between the employer's action and the strike. As pre-impasse strike does not appear to have been provoked by the district and was not undertaken as a last resort, Board orders General Counsel to seek an injunction to halt the strike; p. 7.
301.04000 – Unfair Practice
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.”***
Even in the presence of an employer's alleged unfair practice, the employee organization must show a causal connection between the employer's action and the strike. As pre-impasse strike does not appear to have been provoked by the district and was not undertaken as a last resort, Board orders General Counsel to seek an injunction to halt the strike; p. 7.
1207.03000 – Board Proceedings in Court
***OVERRULED IN PART by Oakland Unified School District (2024) PERB Decision No. 2906 to extent decision indicates that a pre-impasse strike must be a “last resort.”***
Even in the presence of an employer's alleged unfair practice, the employee organization must show a causal connection between the employer's action and the strike. As pre-impasse strike does not appear to have been provoked by the district and was not undertaken as a last resort, Board orders General Counsel to seek an injunction to halt the strike; p. 7.