#Right to strike definition full
#Right to strike definition professional

Furthermore, it would encourage a rule which focuses on the proportionality of harm suffered by the employer versus striking employees, without any metric to consider the risks and costs borne by individuals. This would blunt the ultimate tool for forcing the employer to bargain in good faith, and for no other purpose than to save employers money. If the Board were to accept the notion that a protected strike becomes unprotected (or unlawful, as the University here contends) simply because it threatens “disproportionate” economic harm to the employer, then public employees would have the right to engage only in those work stoppages that their employers are economically prepared and willing to resist. In other words, every strike is meant to inflict economic harm on the employer to achieve the union’s collective goals. While the right to strike may be qualified depending on the circumstances, e.g., pre- or post-impasse, the protected activity itself is always meant to impose a cost on the employer.

#Right to strike definition professional

Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299 and University Professional and Technical Employees Communication Workers of America Local 9119)ģ01.01000: UNFAIR PRACTICE ISSUES STRIKES, SLOWDOWNS AND WORK STOPPAGES In General When an employer refuses to yield, whether on questions concerning its bargaining proposals or alleged unfair conduct, a strike becomes the ultimate, and often only, recourse available to employees.

#Right to strike definition full

26.) more or view all topics or full text. ) A strike may also be unlawful if it is found to constitute “unlawful pressure tactics.” (See Regents of the University of California (2019) PERB Order No.

9, 18 (Sweetwater).) The presumption may be overcome by the union’s showing that the strike was an “unfair practice strike.” (Rio Hondo Community College District (1983) PERB Decision No. 28 Sweetwater Union High School District (2014) PERB Order No. (Fresno County IHSS, supra, PERB Decision No. For example, a strike occurring before the completion of statutory impasse procedures creates a rebuttable presumption that the strike violated the union’s duty to bargain and participate in the impasse procedures in good faith. ) In addition to the County Sanitation standard, there are other instances where a strike can be found unlawful. 586 see San Ramon Valley Unified School District (1984) PERB Order No. As the California Supreme Court explained, “strikes by public employees are not unlawful at common law unless or until it is clearly demonstrated that such a strike creates a substantial and imminent threat to the health or safety of the public.” (County Sanitation, supra, 38 Cal.3d at p. 301.01000: UNFAIR PRACTICE ISSUES STRIKES, SLOWDOWNS AND WORK STOPPAGES In General The limitations on California public sector employees’ right to strike are few and carefully defined.