An impasse occurs when the union and employer cannot agree despite both parties’ good-faith attempts to negotiate a collective bargaining agreement. In such a case, one party or both will declare impasse. Either party may then advise the Public Employees Relations Commission (PERC) of the impasse.
After PERC has been advised of an impasse, PERC will provide a list of special magistrates. The parties will choose an individual from the list. After a hearing at which each side presents its position, the special magistrate will make a recommendation for each issue. The parties can then accept or reject the special magistrate’s recommendations, either partially or entirely.
The governing body for the College is the Board of Trustees. After the acceptance or rejection of the special magistrate’s recommendations, the parties will then present their positions to the Board of Trustees on any rejected recommendations. The Board of Trustees will make the final decision as to those items that are brought to impasse. The Board is free to follow, modify or reject any recommendation made by the special magistrate.
The Board’s decision is presented to each party for ratification. If not ratified, the Board of Trustees’ decision is imposed.
Timeline
Action |
Completion |
| Impasse Declared | September 15, 2017 |
| Hearing
On TCC’s Main Campus February 28 and March 1 |
March 1, 2018 |
| Transcripts
Available 2 weeks after hearing ends. Transcripts are public records.(Extension granted) |
April 3, 2018 |
| Briefs
Submitted within 30 to 44 days. (Extensions granted) |
July 2, 2018 |
| Magistrate
Recommendations released within 15-30 days. (No extension requested) |
July 23, 2018 |
| Accept/Reject Recommendations
Both sides have 20 days to accept or reject – in whole or in part. Letters sent to PERC. Insulated period begins after any rejection. (No extensions permitted) |
TCC – August 8, 2018 UFF – August 13, 2018 |
| Package
Administration must submit recommendations for resolving the impasse to the District BOT, with copy to the UFF, within 10 days. UFF may also submit a package. |
August 14, 2018 |
| BOT impasse resolution hearing
In a reasonable time after receiving the package. |
September 4, 2018 Hearing Scheduled and Canceled |
| UFF Ratification | September 13, 2018 |
| BOT Review | October 22, 2018 |