Fact-Finding

Four of California’s public sector labor relations statutes require fact-finding – the Educational Employment Relations Act (EERA), the Higher Education Employer-Employee Relations Act (HEERA), the Meyers-Milias-Brown Act (MMBA), and the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA). Fact-finding is used when parties reach an impasse in their contract negotiations. An Impasse exists when the differences between the parties’ negotiating positions are so substantial that further meetings would be futile. Once the respective state agency declares an impasse, a mediator or a fact-finder is appointed. Fact-finding is restricted to issues within the scope of bargaining (i.e. mandatory subjects of bargaining).

A fact-finder is required to follow the requisite statutory criteria in reviewing the parties’ issues, positions, and supportive materials. Fact-finding is considered to be a continuation of the bargaining process. A fact-finder will work with party representatives to schedule session(s) to exchange information and present their respective positions and arguments on the issues in dispute. The fact-finder will provide a report with recommendations that are designed to encourage the parties to reach a settlement. The fact-finding report is advisory and is not binding on the parties. Depending on the statute governing the fact-finding process, this process must be initiated and completed within a certain timeframe.