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

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Impasse under the MMBA “exists where the parties have considered each other’s proposals and counterproposals, attempted to narrow the gap of disagreement and have, nonetheless, reached a point in their negotiations where continued discussion would be futile.” (City of Long Beach (2012) PERB Decision No. 2296-M, p. 15 [finding the employer implemented its planned furlough despite no evidence that the parties’ negotiations had reached a point where further negotiations would be futile, regardless of whether the City declared impasse].) “An employer may impose new terms after impasse only if it has bargained in good faith throughout negotiations, from ‘inception through exhaustion of statutory or other applicable impasse resolution procedures,’ and its ‘conduct is free of unfair labor practices.’” (City of Glendale (2020) PERB Decision No. 2694-M, p. 60, quoting City of San Ramon (2018) PERB Decision No. 2571, p. 6.) A party asserting impasse bears the burden of proving it. If there is doubt as to whether an impasse exists, the party asserting impasse has the burden to seek clarification of the other party’s position. (pp. 48-49.)