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

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An impasse dispute resolution procedure continues the bargaining process. (Moreno Valley Unified School Dist. v. Public Employment Relations Bd. (1983) 142 Cal.App.3d 191, 196-97 (Moreno Valley); see also San Bernardino County Superintendent of Schools (2024) PERB Decision No. 2934, pp. 15-16 (San Bernardino).) HEERA requires employers and employee organizations to participate in certain impasse resolution procedures, including mediation and, where requested after no settlement occurs in mediation, factfinding. (§§ 3571(e), 3571.1(d); see § 3590 et seq.) Accordingly, both parties must participate in such impasse procedures in good faith. (Moreno Valley, supra, 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.)