§ 32792. Request that Board Determine Impasse and Appoint Mediator.

(a) After declaring impasse orally or in writing to the other party or after jointly declaring impasse, either or both parties may request the Board to determine that an impasse exists and appoint a mediator. This request may initially be made by telephone, but a request in writing shall follow. The request shall be signed under penalty of perjury that the information alleged therein is true and complete to the best of the requesting party's/parties' knowledge and belief, and contain the following information:

(1) The name, address and telephone number of the employer and the exclusive representative;

(2) The name, title, address and telephone number of the agent to be contacted for each party;

(3) A description of the established unit, the approximate number of employees in the unit and the date the exclusive representative was recognized or certified;

(4) The type of dispute;

(5) The date(s) the parties' initial proposals were presented to the public;

(6) The date negotiations commenced, the number of negotiating sessions and the approximate total number of hours spent in negotiations to date;

(7) The status of negotiations, including the date impasse was declared by the party/parties pursuant to this section, the number and subject matter of issues on which the parties have reached tentative agreement, and the total number and subject matter of issues which remain in dispute;

(8) A clear and concise description of the negotiations which have occurred, including the extent to which the parties have made counter-proposals and have discussed the issues which remain in dispute, and any facts which indicate that future meetings without the assistance of a mediator would be futile.

(b) Unless the request is made jointly, the filing party shall concurrently serve a copy of the written request on the other party. Proof of service pursuant to Section 32140 shall be filed with the regional office.

HISTORY

1. Amendment of subsection (a), new subsections (a)(1)-(8) and amendment of Note filed 1-26-95; operative 2-27-95 (Register 95, No. 4).

Note

Note: Authority cited: Sections 3513(h), 3541.3(g) and 3563(f), Government Code. Reference: Sections 3518, 3548 and 3590, Government Code.