Decision 1416E – Orange Unified School District

Board remands the matter to PERB General Counsel's office for issuance of a complaint to determine which of two agreements was the subject of the unfair practice charge, whether impasse had been broken, and adequacy of notice regarding District's implementation of its last, best and final offer; pp. 12-18.

After the recommendations of a factfinding panel have been issued and considered in good faith, the parties may remain at impasse or return to the bargaining table until they reach agreement; p. 7.

Once impasse is reached either party may refuse to negotiate further and the employer is free to implement changes reasonably comprehended with its last, best and final offer; p. 8. Although the duty to bargain is dormant while the parties are participating in impasse procedures, the employer or the employee organization can be required to negotiate further in good faith when the impasse is broken by a change in circumstances; p. 8. The duty to bargain is revived when one party proposes a concession from its earlier bargaining position which indicates that agreement may be possible; p. 12.

Board remands the matter to PERB General Counsel's office for issuance of a complaint to determine which of two agreements was the subject of the unfair practice charge, whether impasse had been broken, and adequacy of notice regarding District's implementation of its last, best and final offer; pp. 12-18.