IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Declaration/Determination of Impasse

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PERB has a limited role under the MMBA in determining the bona fides of an impasse declaration in the context of a factfinding request. PERB must accept a declaration of impasse at face value, as the statutory and regulatory factfinding process under the MMBA does not authorize PERB to independently determine at this state of the proceedings whether an impasse exists. The MMBA and PERB Regulations only condition factfinding on a declaration of impasse by one of the parties.