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

Single Topic for Decision A462M

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PERB’s review of a factfinding request is limited to determining whether an exclusive representative’s request satisfies the procedural requirements of Gov. Code Section 3505.4 and PERB Regulation 32802. (p. 4) Although factfinding only applies to disputes over matters within the scope of representation, the Office of the General Counsel will not assess whether the subject of the parties’ dispute is within the scope of representation before approving the factfinding request. (pp. 3-4, 6) The Office of the General Counsel must approve the request unless the Board has previously declared a subject outside the scope of bargaining via the unfair practice process. Where neither PERB nor the courts have rendered such a decision, a factfinding request otherwise in compliance with the statutory and regulatory prerequisites must be approved.