Section 1160.6 Of Chapter 6. Prevention Of Unfair Labor Practices And Judicial Review And Enforcement From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 6.
1160.6
. Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (1), (2), or
(3) of subdivision (d), or of subdivision (g), of Section 1154, or of
Section 1155, the preliminary investigation of such charge shall be
made forthwith and given priority over all other cases except cases
of like character in the office where it is filed or to which it is
referred. If, after such investigation, the officer or regional
attorney to whom the matter may be referred has reasonable cause to
believe such charge is true and that a complaint should issue, he
shall, on behalf of the board, petition the superior court in the
county in which the unfair labor practice in question has occurred,
is alleged to have occurred, or where the person alleged to have
committed the unfair labor practice resides or transacts business,
for appropriate injunctive relief pending the final adjudication of
the board with respect to the matter. The officer or regional
attorney shall make all reasonable efforts to advise the party
against whom the restraining order is sought of his intention to seek
such order at least 24 hours prior to doing so. In the event the
officer or regional attorney has been unable to advise such party of
his intent at least 24 hours in advance, he shall submit a
declaration to the court under penalty of perjury setting forth in
detail the efforts he has made. Upon the filing of any such petition,
the superior court shall have jurisdiction to grant such injunctive
relief or temporary restraining order as it deems just and proper.
Upon the filing of any such petition, the board shall cause notice
thereof to be served upon any person involved in the charge and such
person, including the charging party, shall be given an opportunity
to appear by counsel and present any relevant testimony. For the
purposes of this section, the superior court shall be deemed to have
jurisdiction of a labor organization either in the county in which
such organization maintains its principal office, or in any county in
which its duly authorized officers or agents are engaged in
promoting or protecting the interests of employee members. The
service of legal process upon such officer or agent shall constitute
service upon the labor organization and make such organization a
party to the suit. In situations where such relief is appropriate,
the procedure specified herein shall apply to charges with respect to
paragraph (4) of subdivision (d) of Section 1154.