EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
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608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
MMBA section 3505.4 provides that once an impasse has been properly reached, a public agency “may implement its last, best and final offer.” The provision is permissive, not mandatory. The agency is not obligated to implement the last, best, and final offer. No binding agreement existed, as the Union failed to present sufficient evidence that it had tendered a post-impasse acceptance of the City’s last, best, and final offer. Furthermore, even if the Union had shown valid acceptance of the last, best, and final offer, MMBA section 3505.1 requires the agreement be reduced to writing and ratified by the governing agency before it will become binding on the parties. Here, the record was void of any evidence that an agreement was reduced to writing and ratified by the City.