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

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Victor Valley was technically correct that the duty to bargain is “dormant” during impasse resolution procedures, but the decision fails to explain that parties engaged in those processes are bound by a very similar duty (to participate in impasse procedures in good faith), and PERB applies the same per se and totality of conduct tests irrespective of which duty applies. (Compare Victor Valley (1986) PERB Decision No. 565, pp. 7-8 with San Bernardino County Superintendent of Schools (2024) PERB Decision No. 2934, pp. 15-16.) Victor Valley and Regents of the University of California (1996) PERB Decision No. 1157-H are overruled to the extent they suggest that the duty to bargain in good faith differs in its nature from the duty to bargain, as well as to the extent the decisions failed to apply the per se and totality of conduct test.