§ 32793. Board Determination of Impasse.

(a) The Board shall, within five working days following the receipt of the written request for appointment of a mediator, orally notify the parties that the Board has determined that:

(1) An impasse exists and a mediator has been appointed, or

(2) Impasse has not been reached.

(b) Thereafter, the Board shall serve the parties with written notice of the determination.

(c) In determining whether an impasse exists, the Board shall investigate and may consider the number and length of negotiating sessions between the parties, the time period over which the negotiations have occurred, the extent to which the parties have made and discussed counter-proposals to each other, the extent to which the parties have reached tentative agreement on issues during the negotiations, the extent to which unresolved issues remain, and other relevant data.

(d) “Working days,” for purposes of this Section only, shall be those days when the offices of the Public Employment Relations Board are officially open for business.

(e) The determination as to whether an impasse exists shall not be appealable to the Board itself.

HISTORY

1. New subsection (e) filed 12-29-88; operative 1-28-89 (Register 89, No. 4).

2. Change without regulatory effect amending Note filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).

Note

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