SB 857 Signed: PERB Not Authorized to Award Strike Damages
Governor Brown has signed Senate Bill 857, which forbids PERB from awarding an employer damages suffered because of an unlawful strike. This includes strike-preparation expenses, or damages for costs, expenses, or revenue lost during, or as a consequence of, an unlawful strike. The law amends the MMBA, EERA, HEERA, TCEPGA, TCIELRA, TEERA, and the Dills Act.
The courts have previously found that an employer may not bring a tort action in court to recover damages caused by an illegal strike.The bill was passed in response to U.C. Regents v. CNA (2010) PERB Dec. No. 2094-H, where PERB decided that it could award such damages under its “make whole” remedial powers