Collective Bargaining Flowchart and Fact-Finding Process

If negotiations do not yield an agreement, the following fact-finding process will ensue.

Outside Support Link to this section

• Required first step - certification by the state that a bargaining impasse exists - brings an outside mediator in to help the teams reach agreement.
• If mediation leads to an agreement, the normal process of accepting the contract takes place.
• If mediation is not successful - which only the mediator gets to determine - the teams are released to pursue fact-finding.

Negotiations: The bargaining teams deal directly with each other to work through issues and contract proposals.

Impasse Mediation: Once an impasse is confirmed by the state, a neutral mediator is appointed to assist with resolving the remaining issues.

Fact-Finding: When the mediator determines that additional sessions would not be helpful, the parties are released to pursue fact-finding.

No Mediated Agreement: Declaring Fact-Finding Link to this section

• Fact-finding does not happen automatically. Once or both parties must formally request that the process be initiated to the Public Employee Relations Board (PERB).
• Once initiated, both parties appoint members to the hearing panel.
• Within five days of the appointment of each party's panel member, PERB is responsible for appointing a chairperson.
• If both parties agree, they may select a different person to chair their fact-finding panel.
• Once confirmed, the three-member fact-finding panel is responsible for convening a hearing process where information is collected from the parties and reviewed in light of the specific criteria set out in the law. This process is designed to ensure that the panel's findings and recommendations are fair and comprehensive.
• During this process, the parties may still explore options for settlement.
• If no settlement is reached within 30 days of the appointment of the panel, the chairperson of the panel is responsible for preparing a written report, setting forth their findings based on the statutory criteria and their recommendations for settlement.
• The fact-finding report is advisory only and not binding on either party.
• Once drafted, the report is initially released privately, only to the parties.
• Upon receipt, the parties are required to consider the panel's recommendations and will generally meet again, in a final effort to resolve their remaining disagreements.
• If issued to the parties, the written report must be made public within 10 days thereafter, regardless of whether the parties are able to reach a settlement.
• Once that process has concluded and in the absence of a final agreement, the district may, but is not required to, impose its last, best, and final offer and the union is free to strike.
• Note that the dty to bargain may be revived at any time during this process should either party offer material concessions or indicate a willingness to compromise on their prior position(s).

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