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

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An impasse resolution procedure continues the bargaining process. (Moreno Valley Unified School Dist. v. Public Employment Relations Bd. (1983) 142 Cal.App.3d 191, 199 (Moreno Valley).) Where a labor relations statute requires one or more impasse dispute resolution procedures, or where the parties voluntarily agree to such a procedure, both parties must participate in good faith. (Id. at p. 198; County of Santa Clara (2020) PERB Order No. Ad-483-M, pp. 5-6; City of Davis (2012) PERB Decision No. 2271-M, p. 6.) In evaluating a claimed failure or refusal to participate in good faith in impasse resolution procedures, PERB applies the same per se and totality of conduct tests that govern bad faith bargaining claims. (Moreno Valley, supra, 142 Cal.App.3d at pp. 199-200, 206; Temple City Unified School District (2008) PERB Decision No. 1972, p. 12, fn. 12.) (p. 16.)