In California, the Public Employment Relations Board (PERB) plays a crucial role in the impasse process for public sector labor disputes, including those involving teachers' unions and school districts. PERB oversees the collective bargaining process under the Educational Employment Relations Act (EERA), which governs labor relations in public schools. Here’s how PERB is involved in the impasse process:
1. Declaration of Impasse
If a school district and a teachers' union reach a point where negotiations are deadlocked and cannot make further progress, either party may declare an impasse. They must notify PERB of the situation by submitting an official declaration. PERB will then review the declaration to determine whether an impasse truly exists.
- If PERB agrees that an impasse has been reached, it will certify the impasse and move to the next step.
- If PERB does not believe the impasse exists (e.g., if progress is still possible), it may decline to certify the impasse and direct the parties to continue negotiating.
2. Mediation
Once PERB certifies an impasse, the next step is to appoint a mediator from PERB's roster of neutral third-party mediators. The mediator’s role is to facilitate communication between the parties and try to help them reach an agreement.
- The mediator meets with both sides, helping them clarify issues, explore potential compromises, and find common ground.
- Mediation is a confidential process, and the mediator has no authority to impose a solution.
3. Fact-Finding (if Mediation Fails)
If mediation does not result in an agreement, either party may request PERB to initiate fact-finding. PERB will then appoint a fact-finding panel, typically consisting of:
- A representative chosen by the school district.
- A representative chosen by the teachers' union.
- A neutral chairperson appointed by PERB from its panel of experts.
The fact-finding panel reviews the evidence, hears both parties' arguments, and may hold hearings to gather additional information. The panel then issues a fact-finding report, which includes recommendations for resolving the dispute.
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The panel’s report is non-binding, meaning neither party is required to accept the recommendations.
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After a cooling-off period, the fact-finder's report can be made public, which often creates pressure on both sides to reach a settlement.
4. Post Fact-Finding Options
Once the fact-finding process concludes, if the parties still cannot reach an agreement, the teachers' union may choose to strike (in cases where strikes are allowed under state law). However, some additional steps, like a public release of the fact-finder’s report, may happen before further actions are taken.
- Strikes: In California, public school employees (including teachers) have the right to strike after the impasse process, including mediation and fact-finding, has been completed.
- School District's Actions: The district can implement its "last, best, and final offer" if negotiations and fact-finding fail.
5. Enforcement and Legal Oversight
PERB also has enforcement powers. If either party engages in bad faith bargaining, refuses to participate in the impasse process, or violates the EERA, PERB can investigate and take corrective action. This may include issuing orders to compel participation in mediation, fact-finding, or other steps.
