Thursday, May 26, 2011

AB 1318 Would Limit Damages for Unlawful Strikes

AB 1318 was introduced by Assemblymember Davis on February 18, 2011. No action has been taken on this bill yet. AB 13818 would limit an employer’s ability to obtain a “make-whole” remedy when faced with an unlawful strike. Specifically, this bill provides that an employer may not obtain damages for 1) revenue losses caused by an unlawful strike; and 2) expenses incurred by the employer in anticipation of, or in preparation for, the strike.

This bill was obviously motivated by the California Nurses Association’s threatened strike against the University of California (UC) in 2005. That threatened pre-impasse strike was found to be an unlawful pressure tactic by PERB in 2010. (California Nurses Association (2010) PERB Decision No. 2094-H.) As part of that decision, PERB ordered CNA to pay for any damages suffered by UC. Proceedings before PERB on the amount of those damages are continuing to this day.