IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Post-Impasse

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Upon impasse, an employer may implement a term of agreement provision contained in its last, best and final offer (LBFO) unless implementation would waive or limit the union’s right to bargain should impasse be broken. No Dills Act violation when State employer did not implement the three-year term of agreement provision in its LBFO and, even if it had, the provision would not have waived or limited the union’s right to bargain upon breaking of impasse. Dills Act section 3517.8(b) allows the State employer to implement “any or all” of its LBFO upon impasse. The requirement that implemented terms be “reasonably comprehended” within the LBFO applies only to terms that are actually implemented; to apply the requirement to terms not implemented would be contrary to the plain language of section 3517.8(b). Thus, the State did not violate the Dills Act by failing to implement a paid union leave provision contained in its LBFO.