EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
Single Topic for Decision 0968E
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608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
Although there is no EERA precedent directly on point, PERB has held that after exhaustion of the impasse procedures, "impasse under EERA is identical to impasse under the NLRA." (Modesto City Schools (1983) PERB Decision No. 291.); Under NLRA, in the absence of a clear agreement to the contrary, an employer's obligation to bargain over a reopened term carries with it the right to implement a final offer upon genuine impasse. (Speedrack, Inc. (1989) 293 NLRB 1054; NKS Distributors, Inc. (1991) 304 NLRB No. 69; Local Union No. 47 v. NLRB (D.C. Cir. 1991) 937 F.2d 635.); No clear agreement established as there appears to be no bargaining history or past practice to help establish that there was a "clear agreement" against implementation; p. 2, partial dism. letter.