3548-3548.8
GOVERNMENT CODE
SECTION 3548-3548.8
3548. Either a public school employer or the exclusive
representative may declare that an impasse has been reached between
the parties in negotiations over matters within the scope of
representation and may request the board to appoint a mediator for
the purpose of assisting them in reconciling their differences and
resolving the controversy on terms which are mutually acceptable. If
the board determines that an impasse exists, it shall, in no event
later than five working days after the receipt of a request, appoint
a mediator in accordance with such rules as it shall prescribe. The
mediator shall meet forthwith with the parties or their
representatives, either jointly or separately, and shall take such
other steps as he may deem appropriate in order to persuade the
parties to resolve their differences and effect a mutually acceptable
agreement. The services of the mediator, including any per diem
fees, and actual and necessary travel and subsistence expenses, shall
be provided by the board without cost to the parties. Nothing in
this section shall be construed to prevent the parties from mutually
agreeing upon their own mediation procedure and in the event of such
agreement, the board shall not appoint its own mediator, unless
failure to do so would be inconsistent with the policies of this
chapter. If the parties agree upon their own mediation procedure, the
cost of the services of any appointed mediator, unless appointed by
the board, including any per diem fees, and actual and necessary
travel and subsistence expenses, shall be borne equally by the
parties.
3548.1. (a) If the mediator is unable to effect settlement of the
controversy within 15 days after his appointment and the mediator
declares that factfinding is appropriate to the resolution of the
impasse, either party may, by written notification to the other,
request that their differences be submitted to a factfinding panel.
Within five days after receipt of the written request, each party
shall select a person to serve as its member of the factfinding
panel. The board shall, within five days after such selection, select
a chairperson of the factfinding panel. The chairperson designated
by the board shall not, without the consent of both parties, be the
same person who served as mediator pursuant to Section 3548.
(b) Within five days after the board selects a chairperson of the
factfinding panel, the parties may mutually agree upon a person to
serve as chairperson in lieu of the person selected by the board.
3548.2. (a) The panel shall, within 10 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 as it may deem 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. The several departments,
commissions, divisions, authorities, boards, bureaus, agencies, and
officers of the state, or any political subdivision or agency
thereof, including any board of education, shall furnish the panel,
upon its request, with all records, papers and information in their
possession relating to any matter under investigation by or in issue
before the panel.
(b) In arriving at their findings and recommendations, the
factfinders shall consider, weigh, and be guided by all the following
criteria:
(1) State and federal laws that are applicable to the employer.
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the financial
ability of the public school employer.
(4) Comparison of the wages, hours, and conditions of employment
of the employees involved in the factfinding proceeding with the
wages, hours, and conditions of employment of other employees
performing similar services and with other employees generally in
public school employment in comparable communities.
(5) The consumer price index for goods and services, commonly
known as the cost of living.
(6) The overall compensation presently received by the employees,
including direct wage compensation, vacations, holidays, and other
excused time, insurance and pensions, medical and hospitalization
benefits; the continuity and stability of employment; and all other
benefits received.
(7) Any other facts, not confined to those specified in
paragraphs (1) to (6), inclusive, which are normally or traditionally
taken into consideration in making the findings and recommendations.
3548.3. (a) If the dispute is not settled within 30 days after the
appointment of the panel, or, upon agreement by both parties, within
a longer period, the panel shall make findings of fact and recommend
terms of settlement, which recommendations shall be advisory only.
Any findings of fact and recommended terms of settlement shall be
submitted in writing to the parties privately before they are made
public. The public school employer shall make such findings and
recommendations public within 10 days after their receipt.
(b) The costs for the services of the panel chairperson selected
by the board, including per diem fees, if any, and actual and
necessary travel and subsistence expenses shall be borne by the
board.
(c) The costs for the services of the panel chairperson agreed
upon by the parties shall be equally divided between the parties, and
shall include per diem fees and actual and necessary travel and
subsistence expenses. The per diem fees shall not exceed the per diem
fees stated on the chairperson's resume on file with the board. The
chairperson's bill showing the amount payable by the parties shall
accompany his final report to the parties and the board. The
chairperson may submit interim bills to the parties in the course of
the proceedings, and copies of such interim bills shall also be sent
to the board. The parties shall make payment directly to the
chairperson.
(d) Any other mutually incurred costs shall be borne equally by
the public school employer and the exclusive representative. Any
separately incurred costs for the panel member selected by each
party, shall be borne by such party.
3548.4. Nothing in this article shall be construed to prohibit the
mediator appointed pursuant to Section 3548 from continuing mediation
efforts on the basis of the findings of fact and recommended terms
of settlement made pursuant to Section 3548.3.
3548.5. A public school employer and an exclusive representative
who enter into a written agreement covering matters within the scope
of representation may include in the agreement procedures for final
and binding arbitration of such disputes as may arise involving the
interpretation, application, or violation of the agreement.
3548.6. If the written agreement does not include procedures
authorized by Section 3548.5, both parties to the agreement may agree
to submit any disputes involving the interpretation, application, or
violation of the agreement to final and binding arbitration pursuant
to the rules of the board.
3548.7. Where a party to a written agreement is aggrieved by the
failure, neglect, or refusal of the other party to proceed to
arbitration pursuant to the procedures provided therefor in the
agreement or pursuant to an agreement made pursuant to Section
3548.6, the aggrieved party may bring proceedings pursuant to Title 9
(commencing with Section 1280) of Part 3 of the Code of Civil
Procedure for a court order directing that the arbitration proceed
pursuant to the procedures provided therefor in such agreement or
pursuant to Section 3548.6.
3548.8. An arbitration award made pursuant to Section 3548.5,
3548.6, or 3548. 7 shall be final and binding upon the parties and
may be enforced by a court pursuant to Title 9 (commencing with
Section 1280) of Part 3 of the Code of Civil Procedure.