Decision I054E – Fremont Unified School District

SF-CO-380

Decision Date: May 15, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21107

Decision Headnotes

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

Compton Unified School District (1987) PERB Order IR-50 does not preclude Board from finding reasonable cause exists under either a different theory or different facts; pp. 8-9. Requirement of reasonable cause is more than mere finding of a prima facie violation; Board must determine that it is probable that a violation of EERA has been committed; p. 8. Reasonable cause found based on Board's holding that post-impasse intermittent strikes are both unprotected and unlawful under EERA; p. 10. Just and proper standard not satisfied based on district's declarations, which failed to include sufficient facts based on personal knowledge to demonstrate a total breakdown in either education or negotiations; pp. 14-15. education or negotiations; pp. 14-15.

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

Board held that post-impasse intermittent strike is both unprotected and unlawful under EERA; p. 10.

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

Board held that post-impasse intermittent strike is both unprotected and unlawful under EERA; p. 10.

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 exclusive initial jurisdiction to determine whether a strike is an unfair practice and what, if any, remedies the Board should pursue; p. 4.