PERB Has Initial Jurisdiction Over Public Employee Strikes

January 12, 2011 by Beeson Tayer & Bodine

The California Supreme Court has long held that strikes by public sector employees (other than firefighters and law enforcement employees) are not illegal unless the strike creates a substantial and imminent threat to public health or safety. In the mid-2000’s, a number of public agencies aggressively sought to enjoin public safety strikes on these grounds and, in many cases, found local judges willing to rubberstamp applications for broad injunctions. Several of these cases worked their way through the appellate courts and in the lead case of City of San Jose v. Operating Engineers, Local 3 (2010) 49 Cal. 4th 597, the Supreme Court held that the Public Employment Relations Board has initial jurisdiction over requests by public agencies for strike injunctions based on public safety grounds. Going forward, public agencies may no longer seek a strike injunction directly in court, but must first file unfair practice charges with PERB, which will have initial authority to determine whether or not to seek an injunction. The Supreme Court did, however, leave open the possibility that a public agency could go directly to court for an injunction if it could show that exhaustion of PERB’s administrative remedies should not be required, for example, when special circumstances require an immediate injunction. Nevertheless, this decision makes it more difficult for public agencies to obtain broad injunctions against public sector strikes.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.