IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – During Impasse
Single Topic for Decision A426M
Full Decision Text (click on the link to view): Full Text
900.04000 – During Impasse
The date of the “appointment or selection of a mediator,” which triggers the window period for a union to request factfinding under MMBA, is not rescinded when the mediator notifies the parties he or she is unable to keep the original mediation date but requests additional dates the parties would be available in case he or she in unable to find a replacement. The responsibility to request factfinding in a timely manner is therefore the sole responsibility of the employee organization. A mediator’s requesting additional dates from the parties is inconsistent with a rescission of the original appointment. It is up to the union to keep track of the statutory window period for filing its request for factfinding, regardless of whether mediation dates are changed.