Decision A426M – Lassen County In-Home Supportive Services Public Authority

SA-IM-153-M

Decision Date: June 25, 2015

Decision Type: Administrative Appeal

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Perc Vol: 40
Perc Index: 20

Decision Headnotes

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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or selection of a mediator,” which triggers the window period for a union to request factfinding under MMBA, is not rescinded when the mediator notifies the parties he or she is unable to keep the original mediation date but requests additional dates the parties would be available in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.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
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or selection of a mediator,” which triggers the window period for a union to request factfinding under MMBA, is not rescinded when the mediator notifies the parties he or she is unable to keep the original mediation date, but requests additional dates the parties would be available in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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.