PERB Announces New Regulations to Implement Mandatory Fact-finding
On December 9, 2011, PERB announced new Regulations to implement mandatory fact-finding. This is a result of a new state Statute, which becomes effective on January 1, 2012. With a small exception, these Regulations apply to all jurisdictions covered by the Meyers-Milias-Brown Act (MMBA).
First, the Regulations amend existing Regulations to make it an unfair labor practice to fail to exercise “good faith” while participating in any impasse procedures required under the MMBA or local rule. Second, the Regulations create a process that allows a Union to request mandatory fact-finding if either the Union or the government have declared “impasse” in bargaining (it is unclear whether this is limited to bargaining for a memorandum of understanding).
The new Regulations must now go through an administrative review process within the State of California in order to become effective January 1st.
Author: Jake White
