IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – During Impasse
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900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.04000 – During Impasse
900.04000 – During Impasse
In evaluating a claimed failure or refusal to participate in good faith in impasse resolution procedures, PERB applies the same per se and totality of conduct tests that govern bad faith bargaining claims. (Moreno Valley Unified School Dist. v. Public Employment Relations Bd. (1983) 142 Cal.App.3d 191, 196-97; San Bernardino County Superintendent of Schools (2024) PERB Decision No. 2934, pp. 15-16; Temple City Unified School District (2008) PERB Decision No. 1972, p. 12, fn. 12.)