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

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If negotiations reach a bona fide impasse and the parties complete any required or agreed-upon post-impasse procedures without the employer committing any unremedied unfair practice during the negotiations or impasse procedures, then the employer can lawfully impose new employment terms or conditions. (City of Glendale (2020) PERB Decision No. 2694-M, p. 60.) But if the employer chooses to avail itself of this right, it must respect certain limits. First, the terms imposed must be reasonably comprehended within the employer’s LBFO, meaning they are not regressive compared to the LBFO and the employer afforded the union a full opportunity to bargain over such terms. (Id. at pp. 59, 62-63.) Moreover, the employer cannot impose terms giving it unfettered discretion over a mandatory topic. (Los Angeles Unified School District (2013) PERB Decision No. 2326, p. 2.) Finally, the terms cannot be ones for which mutual consent is necessary. (City of San Ramon (2018) PERB Decision No. 2571-M, p. 13.)