IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – In General

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900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.01000 – In General

A bona fide impasse exists if the parties’ differences are so substantial and prolonged that further meeting and conferring is futile, despite good faith negotiations that were free from unfair labor practices. The party asserting impasse bears the burden of proving it, and therefore bears the risk of declaring impasse prematurely when parties were not objectively at impasse at the time. (City of Glendale (2020) PERB Decision No. 2694-M, p. 61; City of San Ramon (2018) PERB Decision No. 2571-M, p. 6.) In determining the existence of impasse on a given date, PERB focuses on numerous factors, including: the number and length of negotiation sessions; the extent to which the parties have exchanged information and thoroughly discussed proposals and counterproposals in good faith; and the nature of the unresolved issues and the parties’ discussions of such issues to date. (Glendale, supra, PERB Decision No. 2694-M, pp. 60-61.) Continued movement on minor issues will not prevent a finding of impasse if the parties remain deadlocked on one or more major issues. (Ibid.) However, both parties must believe they are at the “end of their rope,” which is typically negated if one party displays continuing movement, or if the other party references a deadline for completion of negotiations and acts in accordance with that deadline. (Ibid.)