Sunday, October 10, 2010

Court of Appeal Denies CNA's Challenge to Strike Award

California Nurses Association v. Public Employment Relations Board of the State of California (Court of Appeal Case No. A127766)

On October 7, 2010, the First District Court of Appeal summarily denied a challenge by the California Nurses Association (CNA) to PERB’s decision in California Nurses Association (2010) PERB Decision No. 2094-H. In the underlying decision, PERB held that CNA improperly threatened to engage in a pre-impasse, one-day strike against the University of California (University). (Click here for my blog post on that decision.) As a result of CNA’s actions, PERB held that the University was entitled to monetary damages against CNA for the costs it occurred to prepare for the threatened strike.

Although CNA's challenge was summarily denied, the issue is significant enough that CNA will likely file a petition before the California Supreme Court.  So stay tuned ...