What Is Negotiations Impasse?

Impasse is when both parties (Association and District) have reached a point in negotiations where continued meetings would be futile. Either or both parties can declare impasse and the request is submitted to the Public Employer’s Relations Board (PERB). PERB looks at relevant facts and makes a determination as to whether an Impasse truly exists.

What Happens Next?Ignoring our objection and the information we presented, PERB certified that a Negotiations Impasse exists. However the parties did meet and negotiate, and will continue to work towards an acceptable settlement. If continued negotiations (whether formal or informal) do not yield a settlement, a State Mediator will be assigned to help the parties reach a settlement. The mediator has no authority to impose or implement a settlement, and only makes recommendations.

What If Mediation is Unsuccessful?If the Mediator is unable to facilitate a settlement, the Mediator can certify the parties for Fact Finding. In Fact Finding, the Association and the District each select a “Neutral” fact-finder to hear and examine each party’s position and their arguments and supporting facts. Within 30 days of the fact finding hearing a recommendation is made.

Does the District Have to Abide By the Fact-finders’ RecommendationNo. Once both parties receive the fact-finding report, the district must make the report public within 10 days. The recommendations are advisory and are not binding on either party.

What follows the Fact-finding Report?After fact-finding, the district and the association must consider the report. Once they have done so, the district is free to impose its “last, best, and final offer.”

What Can The Association Do?The Association’s legal recourse is to ask its members to strike. Strikes are legal after the impasse procedures have been exhausted.

Why not just let the district adopt its “last, best, and final offer”?That would mean the end of collective bargaining in the district. The district would have learned that it could simply stonewall until the impasse procedures were exhausted and then get its way. None of our working conditions would be safe if this were to happen.

A note from the President…

Mary Lou Caldwell

Fellow teachers,
It’s been quite a start to the beginning of the school year.  From every direction and school site, there are grumblings of unrealisitic expectations put on you by site administrators, not enough prep time to do it in and disregard for the children and their families who will end up being the ultimate sacrifical lambs when more district cuts are made.
Some of us remember the days under prior superintendents when classes were dissolved and combined at a moment’s notice.  Once again, that seems to be happening.  In these days of fiscal undertainty, of course we know that money is tight, but it should never come at the expense of our children.  It’s hard to fathom that children might lose their teacher that they started the year with because of numbers.
Some of you have even talked to me about not doing any of the extra duties San Jacinto teachers often take upon themselves to do after school.  I would caution you not to do that at this time; this is usually done as a unit when we want to make a statement about conditions.  We must all stand together.
Negotiations have not yet started for the 08-09 school year; management is till trying to get the nurses to give up extra days for last year.  So now you have time to really think about how your life in the district has changed this year in SJUSD.  If you could change anything through the contract, what would it be?  How are conditions most adversenly affecting you?  This will be a year when language is changed, so we will be asking you to do some soul searching and see what you think would help you the most in the classroom. 
None of us like the direction things are going.  Join you site rep in voicing your displeasure, so constructive steps may be taken to rectify it.  We hope to utilize survey monkey before negotiations do begin, so get your home e-mail address to your site rep or myself.  But meanwhile, suggestions may be made during the monthly ten minute meetings.
Keep up all of the good things that you do for kids!