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

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Factfinding is available for any dispute over a matter within the scope of representation so long as the employee organization’s factfinding request complies with the statutory and regulatory prerequisites. (pp. 4-5) The appropriate avenue to resolve whether a subject is within the scope of representation is through the unfair practice process where a full factual record may be developed. (pp. 6-7) Where neither PERB nor the courts have previously determined whether the subject of essential employee status is outside the scope of representation, the Office of the General Counsel will not make a preliminary scope of representation decision as part of its determination of whether to approve the factfinding request. (p. 6)