City of San Jose, Plaintiff and Appellant v. Operating Engineers Local Union No. 3, Defendants and Respondents

Summary

The court held that PERB has exclusive initial jurisdiction over a public entity's claim that a threatened public-employee strike is unlawful because it endangers public health or safety. The entity generally must exhaust PERB remedies before seeking an injunction, unless an established exhaustion exception applies, and the court concluded that the City's asserted emergency did not establish such an exception. The judgment was affirmed.