IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – During Impasse
Single Topic for Decision A436M
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900.04000 – During Impasse
It is up to the union to keep track of the statutory window period and to file its request for factfinding within that period. Without an actual agreement to mediate, it is incumbent on the union to file its request for factfinding during the initial 30-day window in order to avoid the risk of forfeiting its opportunity to do so. A subsequent agreement to mediate coming after the initial window period for filing a request for factfinding did not alleviate the union’s responsibility to meet the statutory and regulatory deadline to request factfinding.