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: PERB Decision

 * * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M * * *

View Full Text (PDF)

Perc Vol: 11
Perc Index: 18067

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

PERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.03000 – Post-Impasse

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.

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.01000 – In General

PERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166.

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

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.