IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Declaration/Determination of Impasse
Single Topic for Decision 2694M
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900.02000 – Declaration/Determination of Impasse
Administrative determinations regarding MMBA factfinding requests do not preclude contrary findings after a formal hearing in a related unfair practice charge. Administrative determinations of MMBA factfinding requests do not generally provide either a charging party or a respondent a basis for prevailing in a related bad faith bargaining case. For instance, such an administrative determination does not establish whether there existed a legitimate, good faith impasse permitting an employer to impose the terms of its last offer. (See City & County of San Francisco (2014) PERB Order No. Ad-415-M, p. 12 [Although an MMBA factfinding request may involve issues that overlap with those in a related unfair practice case, determinations made as part of the factfinding request generally do “not prejudice or determine the ultimate outcome in the unfair practice case”].) This is because OGC must reach an administrative determination after a very limited investigation that does not create a reliable evidentiary record like that developed during a formal hearing on an unfair practice charge.