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

Single Topic for Decision A423M

View all topics for Decision A423M

Full Decision Text (click on the link to view): Full Text

Factfinding is available for any dispute over any matter within the scope of representation, so long as the employee organization’s request is timely and the dispute is not subject to statutory exceptions. Factfinding is not limited to disputes over a comprehensive memorandum of understanding. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. PERB does not conduct or oversee the factfinding process nor determine the issues to be presented at factfinding. The Board’s role is generally limited to whether a request meets the statutory criteria. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. The Board declined to resolve joint employer issues raised in a factfinding request when the same issues were pending investigation in unfair practice proceedings. Unfair practice proceedings are better-suited for complex legal and factual issues and for protecting the parties’ right to notice and meaningful opportunity to be heard before issues of liability are decided.