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.