Bargaining Update #13

Please note that all Bargaining Updates, CCFF Alerts, and Board Watches are posted at the CCFF website:

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Remember to wear red on Wednesday.  Now, for the update.

On Tuesday last week, March 1, the CCFF Chief Negotiator informed the District that the union intends to file for impasse with the Public Employees Relations Board (PERB).  On Wednesday, March 2, the District informed the CCFF that they concur and agreed to file jointly.  The CCFF attorney, David Conway, is preparing the petition and will file with PERB early this week.

For those of us who are far from the bargaining table, nothing changes.  Life will go on as usual.  In fact, the District and the CCFF will continue negotiating on other items such as Academic Freedom, the Assignment Article, Travel, and Professional Development.

Also note that what the District has offered cannot be taken from the table.

Once again, here is a description of the process, which you can also find at the web site under Bargaining Update #10, January 28, 2016.

Impasse:  The Educational Employment Relations Act (EERA) defines impasse as “the parties to a dispute over matters within the scope of representation have reached a point in meeting and negotiating at which their differences in positions are so substantial or prolonged that future meetings would be futile” (Gov. Code 3540.1(f)).

Mediation:  If PERB determines that impasse does indeed exists, it will appoint a mediator. The mediator’s costs are paid by PERB.  Within about a month, the mediator will meet jointly or separately with the parties to try to have them resolve their differences.  If the parties do not reach agreement within 15 days, the mediator may determine that fact-finding, the next step in the process, is appropriate.  If so, either party may then request fact-finding.

Fact-Finding:  Within five days of receiving a request for fact-finding, each party selects one member for a three-person fact-finding panel.  PERB selects the neutral member to serve as the Chair of the panel. The parties may agree to a neutral member different than the one selected by PERB. If PERB selects the neutral member, it pays his/her expenses.  If the parties select someone else, they split the costs.  Since two members are party-appointees, as a practical matter they are there to provide information to the neutral member, who makes the final decision.

After the Fact Finder provides his or her recommendation, the District may impose its Last, Best, and Final Offer (LBFO), which may or may not be in line with the fact finder’s recommendation, and the union may accept the offer or strike.