After Decades, City and County of San Francisco Workers Regain the Right to Strike
San Francisco public employees and their unions have won a major victory in their fight for power and dignity. The state Public Employment Relations Board (PERB) has ruled in City and County of San Francisco (2023) PERB Decision No. 2867-M that the city’s charter provisions that prohibit city workers from striking are void and unenforceable. Two unions challenged the charter provisions, Service Employees International Union Local 1021 ("SEIU Local 1021”) and International Federation of Professional and Technical Engineers Local 21, with WRR representing SEIU Local 1021 in this case from its inception.
Until PERB’s July 24, 2023 decision, San Francisco’s Charter mandated the termination of employees who went on an economic strike or took action to support an economic strike. PERB had previously struck down the city Charter’s ban on unfair labor practice and sympathy strikes in City and County of San Francisco (2017) PERB Decision No. 2536-M. Here, PERB found that the challenged charter provisions “totally and fatally conflict” with state labor law for a number of reasons. To name a few, the provisions rest on the unfounded idea that public sector strikes are more dangerous to the public than private sector strikes. Second, it requires unlawful discrimination between strikers and non-strikes. Third, it mandates the termination of employees who engage in strike activity. Fourth, through its provisions requiring the investigation of strikes by a special committee, such provisions require unlawful surveillance and give the impression of surveillance of union activity.
PERB also explained that the limitations on California public sector employees’ right to strike are few and carefully defined and the right to strike is not subject to regulation by charter cities and counties under the “Home Rule” doctrine.
This exciting decision makes it clear that tens of thousands of city employees have the fundamental right to withhold their labor and is the latest in a series of victories for public workers in California.
Please contact your labor law counsel with any questions.