Decision I056H – Trustees of the California State University (East Bay)

SF-CE-995-H

Decision Date: June 7, 2013

Decision Type: PERB Decision

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Perc Vol: 38
Perc Index: 7

Decision Headnotes

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

Generally, injunctive relief is not “just and proper” when the basis for the claim of irreparable harm is in the nature of emotional pain and suffering and harm to reputational interests, since PERB does not have the authority to grant such relief, either prospectively or at the conclusion of its administrative proceedings. Generally, injunctive relief is not “just and proper” when the types of injury that charging party alleges are lost wages and loss of health benefits, which can be remedied at the conclusion of the administrative proceedings in the event charging party’s unfair practice complaint is successful. Even if dismissal from employment is likely to create financial hardship, that alone is not a criterion for seeking injunctive relief.