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

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The plain meaning of AB 646 did not limit MMBA factfinding procedures only to impasses in negotiations for comprehensive MOUs. PERB's authority to appoint a factfinding panel derives from MMBA section 3505.4, and is not predicated on an alleged violation of the MMBA. An order directing the parties to factfinding, after PERB concluded that factfinding applied to the dispute, does not necessarily resolve the issues involved in an unfair practice case alleging unilateral change prior to the exhaustion of impasse. Factfinding order, unlike a remedy in an unfair practice proceeding, does not result in a determination of liability for violation of MMBA, and therefore carries no potential for order to rescind or make whole.