Section 1160.4 Of Chapter 6. Prevention Of Unfair Labor Practices And Judicial Review And Enforcement From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 6.
1160.4
. (a) The board may, upon finding reasonable cause to believe
that any person has engaged in or is engaging in an unfair labor
practice, petition the superior court in any county wherein the
unfair labor practice in question is alleged to have occurred, or
wherein the person resides or transacts business, for appropriate
temporary relief or restraining order. Upon the filing of the
petition, the board shall cause notice thereof to be served upon the
person, and thereupon the court shall have jurisdiction to grant to
the board such temporary relief or restraining order as the court
deems just and proper.
(b) (1) In addition to any harm resulting directly from an adverse
employment action or other allegedly unlawful action, the court
shall consider the indirect effect upon protected rights of all
agricultural employees of the employer in determining whether
temporary relief or a restraining order is just and proper.
(2) When the alleged unfair labor practice is such that, by its
nature, it would interfere with the free choice of employees to
choose or not choose an exclusive bargaining representative,
appropriate temporary relief or a restraining order shall issue on a
showing that reasonable cause exists to believe that the unfair labor
practice has occurred. The order shall remain in effect until an
election has been held or for 30 days, whichever occurs first.
Thereafter, a preliminary injunction may issue if it is shown to be
just and proper.
(c) Notwithstanding Section 916 of the Code of Civil Procedure,
temporary relief or restraining orders granted pursuant to this
section shall not be stayed pending appeal.