Q: What is Impasse?

A: Impasse means that the parties have reached a point in bargaining at which their differences in positions are such that further negotiations would be futile. Under the Higher Education Employer-Employee Relations Act (HEERA), either the CSU and/or the CSUEU submits a petition to the California Public Employment Relations Board (PERB) contending that an impasse exists. PERB reviews the petition and makes a determination whether or not an impasse exists. If PERB agrees that there is an impasse, the first step is mediation. If PERB decides that an impasse does not exist, the parties must return to the bargaining table to resume negotiations.

Q: How does the mediation process work?

A: If PERB declares that an impasse exists, the State Mediation and Conciliation Service appoints a mediator to assist the parties in reaching a mutually acceptable agreement.

Q: What if mediation fails to reach an agreement?

A: If the parties do not reach a settlement within 15 days after the mediator’s appointment, the mediator can declare fact-finding to be an appropriate way to resolve the dispute. Fact-finding is the second and final step in the impasse procedures set forward in HEERA. Fact-finding is a formal process conducted by a three-person panel: one selected by CSUEU, one selected by CSU, and a neutral chairperson mutually selected by the parties from a list of arbitrators. The fact-finding panel holds hearings and considers the information provided by the parties. If the fact-finding process doesn’t result in a resolution of the disputes, the three-person panel will issue a report. This report is confidential for ten days and serves as a vehicle for settlement. If a settlement is not reached within the ten-day period, the report becomes public. The recommendations of the fact-finding panel are advisory, however.

Q. How often does mediation or fact-finding result in settlements?

A. According to PERB, over the last ten years, 84% of mediation sessions resulted in settlements and 74% of all fact-finding sessions resulted in settlements.