Decision I050E – Compton Unified School District * * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M
LA-CO-396
Decision Date: March 17, 1987
Decision Type: Injunctive Relief
* * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M * * *
Perc Vol: 11
Perc Index: 18067
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
* * * OVERRULED IN PART ON OTHER GROUNDS by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M. * * *
PERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166.
301.03000 – Post-Impasse
* * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, where the Board held that the right to strike is statutorily protected. * * *
PERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166. As strike caused a total breakdown of (1) basic education for students and (2) negotiations free from coercive tactics that hold hostage that education is a violation of EERA; p. 167. Board finds it is probable that a violation of the EERA has been committed; p. 169. Injunctive relief is just and proper because any remedy fashioned by PERB could not be considered adequate at law. Inherent interruption of continuity and quality of education that occurred because of the strike requires injunctive relief; p. 170.
1207.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M. * * *
PERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166.
1207.02000 – Standards for Obtaining Injunctive Relief
* * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, where the Board held that the right to strike is statutorily protected. * * *
As strike caused a total breakdown of (1) basic education for students and (2) negotiations free from coercive tactics that hold hostage that education is a violation of EERA; p. 167. Board finds it is probable that a violation of the EERA has been committed; p. 169. Injunctive relief is just and proper because any remedy fashioned by PERB could not be considered adequate at law. Inherent interruption of continuity and quality of education that occurred because of the strike requires injunctive relief; p. 170.