Rialto Municipal Code Art. IV Impasse Procedures

If the meet and confer process has reached impasse as defined in this chapter, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the employee relations officer. The purpose of such meeting shall be:

A. To review the position of the parties in a final effort to reach agreement on a memorandum of understanding; and

B. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.

(Ord. No. 1506, § 17, 6-12-12)

Impasse procedures are as follows:

If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private and nonbinding, unless otherwise specifically, mutually agreed to in writing. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.

If the parties fail to agree to mediation or to a mediator, or having so agreed, fail to resolve the dispute through mediation, an exclusively recognized employee organization may request fact-finding as described in Section 2.51.200 of this chapter.

(Ord. No. 1506, § 18, 6-12-12)

The costs for the services of a mediator utilized by the parties, and other mutually incurred costs of mediation, shall be borne equally by the city and the exclusively recognized employee organization. The cost for other separately incurred costs shall be borne by such party.

(Ord. No. 1506, § 19, 6-12-12)

An exclusively recognized employee organization may request that the parties' differences be submitted to a fact-finding panel. The request shall be accompanied by a statement that the parties have been unable to effect a settlement. Such a request may be filed:

A. Not sooner than thirty days, but not more than forty-five days, following the appointment or selection of a mediator pursuant either to the parties' agreement to mediate or a mediation process adopted under Government Code Section 3507; or

B. If the dispute was not submitted to mediation, not later than thirty days following the date that either party provided the other with written notice of a declaration of impasse.

The request must be filed with the appropriate public employees relations board (PERB) regional office; service and proof of service are required.

(Ord. No. 1506, § 20, 6-12-12)

The fact-finding panel shall consist of one member selected by each party as well as a chairperson selected by the public employees relations board (PERB) or by agreement of the parties as follows:

A. If the PERB determines that the request complies with the requirements specified in Section 2.51.200 of this chapter, each party shall select a person to serve as its member of the fact-finding panel within five days following this determination.

B. If the PERB determines that the request complies with the requirements specified in Section 2.51.200 of this chapter, the PERB shall, within five working days following this determination, submit to the parties the names of seven persons, drawn from the list of neutral fact finders established pursuant to Government Code Section 3541.3(d). The PERB will thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by the PERB. The costs of the chairperson must be borne by the parties.

(Ord. No. 1506, § 21, 6-12-12)

The panel shall, within ten days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. For the purpose of the hearings, investigations, and inquiries, the panel shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence.

If the dispute is not settled within thirty days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make findings of fact and recommend terms of settlement, which shall be advisory only. The fact finders shall submit, in writing, any findings of fact and recommended terms of settlement to the parties before they are made available to the public. The city shall make these findings and recommendations publicly available within ten days after their receipt.

(Ord. No. 1506, § 22, 6-12-12)

The costs for the services of the panel chairperson, including per diem fees, if any, and actual and necessary travel and subsistence expenses shall be borne equally by the city and the exclusively recognized employee organization. Any other mutually incurred costs shall also be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party.

(Ord. No. 1506, § 23, 6-12-12)

After any applicable mediation and fact-finding procedures have been exhausted, but no earlier than ten days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the city may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding.

The unilateral implementation of the city's last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the city of its annual budget, or as otherwise required by law.

(Ord. No. 1506, § 24, 6-12-12)