Decision A426M – Lassen County In-Home Supportive Services Public Authority
SA-IM-153-M
Decision Date: June 25, 2015
Decision Type: Administrative Appeal
Description: Lassen County In-Home Supportive Services Public Authority appeals from a PERB administrative determination ordering the parties to proceed with selection of the factfinding panel.
Disposition: The Board reversed the administrative determination, holding that the date of the “appointment or selection of a mediator,” which triggers the window period within which a union must request factfinding under the MMBA, is not rescinded when the mediator notifies the parties he or she is unable to keep the original mediation date and attempts to reschedule the mediation.
Perc Vol: 40
Perc Index: 20
Decision Headnotes
900.04000 – During Impasse
The date of the “appointment or selection of a mediator,” which triggers the window period for a union to request factfinding under MMBA, is not rescinded when the mediator notifies the parties he or she is unable to keep the original mediation date but requests additional dates the parties would be available in case he or she in unable to find a replacement. The responsibility to request factfinding in a timely manner is therefore the sole responsibility of the employee organization. A mediator’s requesting additional dates from the parties is inconsistent with a rescission of the original appointment. It is up to the union to keep track of the statutory window period for filing its request for factfinding, regardless of whether mediation dates are changed.
900.07000 – Mediation
The date of the “appointment or selection of a mediator,” which triggers the window period for a union to request factfinding under MMBA, is not rescinded when the mediator notifies the parties he or she is unable to keep the original mediation date, but requests additional dates the parties would be available in case he or she in unable to find a replacement. A mediator’s requesting additional dates from the parties is inconsistent with a rescission of the original appointment. It is up to the union to keep track of the statutory window period for filing its request for factfinding, regardless of whether mediation dates are changed.
1107.20000 – Other
A request for a stay made pursuant to PERB Regulation 32370 will not be granted when the request is not accompanied by a justification for the request.