IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Declaration/Determination of Impasse

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The County did not improperly or prematurely declare impasse or set an arbitrary deadline when it asked for SEIU’s response to its LBFO. Nor did the County insist that negotiations conclude by a certain time, and it took no action when SEIU did not respond by the requested date. Further, SEIU did not communicate to the County at any point that it had any movement to make or new proposals to offer, and SEIU’s conduct demonstrated that it believed further discussions would be futile. An agenda item may suffice to provide notice of a declaration of impasse if it is delivered to a proper official and is presented in a manner reasonably calculated to draw attention. When ground rules make the parties’ chief spokespersons responsible for coordinating communications between the parties, the chief spokespersons may delegate their responsibilities to others. The union’s chief spokesperson directed another union representative to ask the county when it would implement its LBFO. The county replied, providing an agenda which indicated the county believed the parties were at impasse. The union did not deny receipt of the agenda or dispute the county’s belief that the parties were at impasse. The county reasonably concluded that the union had no further proposals, movement, or a desire to continue negotiations, and properly determined the parties were at impasse.