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  • CALPELRA Labor Relations Academy 9 - Preparing for Factfinding and Public Impasse Hearing

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CALPELRA Labor Relations Academy 9 - Preparing for Factfinding and Public Impasse Hearing

August 10, 2012 - 8:30 a.m. - 5:30 p.m.

Four Points Sheraton
5115 Hopyard Road
Pleasanton, California   94588

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For cities, counties, and other jurisdictions subject to the MMBA, AB 646 may be the most significant change to any of California's public sector labor relations acts since 2000.

Bargaining has changed significantly after the Great Recession and the enactment of AB 646.  Now you must know how to successfully prepare for factfinding.  CALPELRA's Labor Relations Academy 9 focuses on the practical aspects of preparing for factfinding as part of the impasse process, including:

  • Building a persuasive "ability-to-pay" presentation.
  • Selecting the comparable agencies that will persuade the factfinding panel.
  • Integrating PERB's factfinding regulations with your agency's actions to establish the start date for union factfinding requests.
  • Determining which elements include in total compensation, and how to display pension, health, and OPEB costs.
  • Conducting the required public impasse hearing before unilateral adoption.
  • Determining which meet and confer activities are subject to factfinding.
  • Avoiding unnecessary delays in scheduling, and completing the impasse process within the prescribed time limits.
  • Avoiding the post-factfinding quagmire of the 10-day settlement period: the public release of the factfinding report, making a LBFO, the public impasse hearing, and unilateral adoption.
  • Selecting the best neutral and agency factfinding panel representatives.
  • Defining the staff's role in preparing the agency's data, exhibits, and witnesses.
  • Developing local MMBA rules for factfinding and the public impasse hearing, including the legal standards for consulting on those rules.

This updated Academy 9 also covers some of the content in the original Academy 9:

  • The detailed requirements of impasse factfinding under the recently amended MMBA (AB 646), as compared to EERA, SEERA, and HEERA.
  • How to deal with the change in negotiations dynamics resulting from the factfinding requirement, including the issue of premature declaration of impasse, and planning negotiations strategy.
  • Special factfinding issues, including selecting internal and external comparability groups, CPI analysis and display, public interest and welfare arguments, scope of bargaining, and the agency's financial ability.
  • Relationship of mediation and the mediator to the factfinding process, and the post-factfinding revival of negotiations.
  • Refining unilateral adoption, including avoiding premature impasse, deciding which comes first - LBFO or declaration of impasse, and unilaterally adopting in a less management friendly PERB atmosphere.