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

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An employer must segregate or excise from its imposed terms language purporting to ‘establish a memorandum of understanding’ or other agreement, as well as language that is reasonably susceptible to such an interpretation. An employer also cannot impose new terms for a set duration. Unilaterally imposing new terms for a set duration places an obstacle in the path of good faith bargaining. (Roosevelt Memorial Medical Center (2006) 348 NLRB 1116, 1117.) Imposing a duration for new terms is also inconsistent with an employer’s affirmative duty to excise from its imposition any language susceptible to an unlawful interpretation. (Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, p. 40.) Fresno amended the principles set forth in Rowland Unified School District (1994) PERB Decision No. 1053 and State of California (Department of Personnel Administration) (2010) PERB Decision No. 2130-S.)