It took 5 years but UPEC can be very persistent when necessary!
In the run-up to a 2015 strike by the Trinity County General Unit members the County CAO issued a statement that the strike was illegal. Understandably, not wanting to break the law and put their county employment at risk, this statement had the effect of reducing strike participation.
UPEC filed an Unfair Practice Charge with PERB accusing the County of making a false statement to scare employees into not participating in the strike.
In response, Trinity County filed an UPC alleging that UPEC had engaged in an illegal strike.
Although there are more than one reasons that a strike can be illegal in California public employment, the County alleged that the Union had re-engaged in negotiations and that therefore the strike was illegally occuring "pre-impasse". Since strikes must always be after impasse procedures are completed this, if true, would be a legitimate criticism.
PERB quickly sorted out that, in fact, UPEC had called a perfectly legal strike. PERB's analysis of what was a somewhat complicated bargaining history has now become an oft-cited case for other Unions and is attached for your review if you are interested in digging deeper.
Also attached is a copy of the settlement agreement that was reached by the parties and posted at County work sites that states succinctly that "The March 2015 strike was legally protected activity participated in by members of the General Unit."