Decision A457M – City of Salinas
SF-IM-185-M
Decision Date: January 4, 2018
Decision Type: Administrative Appeal
Description: The Office of the General Counsel denied a request for factfinding under the Meyers-Milias-Brown Act, finding no written notice of a declaration of impasse by either party. The exclusive representative appealed.
Disposition: The Board reversed. It concluded that the employer provided sufficient written notice of a declaration of impasse by announcing that it had fulfilled its obligation to meet and confer, even though it did not use the word “impasse.”
Perc Vol: 42
Perc Index: 77
Decision Headnotes
900.02000 – Declaration/Determination of Impasse
For purposes of triggering a request for factfinding under MMBA section 3505.4 and PERB Regulation 32802, a letter stating that the respondent “has fulfilled its obligation under the MMBA . . . by meeting and conferring on May 8, 2017 to discuss and possibly reach agreement regarding the grievance board appointments,” was sufficient written notice of a declaration of impasse.
900.02000 – Declaration/Determination of Impasse
Neither the Office of the General Counsel, nor the Board on appeal, is required to sift through documents provided by the exclusive representative in order to find a declaration of impasse. When presented with a dispute about whether there has been written notice of a declaration of impasse, the Office of the General Counsel may, as part of its investigation, require the requesting party to provide the written notice.