One or both parties did not accept the fact finders recommendations. Does PERB provide any further impasse resolution assistance?
The Director has discretion to authorize appointment of a conciliator to provide additional mediation after issuance of the fact finder’s report, but prior to any imposition of employment terms by the public employer’s legislative body. The Director is more likely to provide such assistance in the case of bargaining units in educational institutions like school districts, BOCES and community colleges, because under the Taylor Law, those impasses cannot culminate in a legislative imposition, and hence lack a mechanism to provide finality. The Director will generally require that the parties have attempted to voluntarily negotiate on the basis of the fact finder’s report before assigning a conciliator. The conciliator may be one of PERB’s full-time staff mediators, or a member of its ad hoc panel. Conciliation requests should be in writing. Again, joint requests that a particular individual be appointed will be honored consistent with workload, availability and budget.
