All notes for Subtopic 806.06000 – Impasse Broken-Duty to Bargain

DecisionDescriptionPERC Vol.PERC IndexDate
2571M City of San Ramon
806.6000: UNION UNFAIR PRACTICES; DEFENSES; Impasse Broken-Duty to Bargain
Even if parties have reached a bona fide impasse after completing negotiations in good faith, an impasse “can be terminated by nearly any change in bargaining-related circumstances” that is sufficient to suggest that “attempts to adjust differences may no longer be futile.” (PERB v. Modesto City Schools District (1982) 136 Cal.App.3d 881, 899.) “Most obviously, an impasse will be broken when one party announces a retreat from some of its negotiating demands.” (Ibid.) Once impasse is broken, “the duty to bargain revives.” (Ibid.) When employer unlawfully imposes the very terms under discussion, good faith bargaining is not possible, because union is forced to start from a position of having to talk the employer back to the status quo. (San Mateo County Community College District (1979) PERB Decision No. 94, p. 15.) more or view all topics or full text.
43606/20/18
1092E Marin Community College District
806.6000: UNION UNFAIR PRACTICES; DEFENSES; Impasse Broken-Duty to Bargain
No genuine impasse where negotiations have stalled as a result of bad faith negotiations; p. 85, proposed dec. more or view all topics or full text.
192607003/21/95
1053E Rowland Unified School District
806.6000: UNION UNFAIR PRACTICES; DEFENSES; Impasse Broken-Duty to Bargain
Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended within its last, best and final offer. However, impasse suspends the parties' obligation to bargain only until changed circumstances indicate that an agreement may be possible; p. 7. The duty to bargain revives when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 7. The act of unlawfully implementing a waiver of the statutory right to bargain does not revive the district's duty to negotiate following impasse. Upon completion of impasse the duty to bargain is renewed when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; pp. 11-12. position which indicates that agreement may be possible; pp. 11-12. more or view all topics or full text.
182512609/01/94