SECTIONS 3590-3594 - California Statutes

GOVERNMENT CODE

SECTION 3590-3594

3590. Either an 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 memorandum of
understanding. 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.

3591. 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 chairman of the factfinding panel. The chairman designated by the
board shall not, without the consent of both parties, be the same
person who served as mediator pursuant to Section 3590.

3592. The panel shall, within 10 days after its appointment, meet
with the parties or their representatives and consider their
respective positions. The panel may make additional inquiries and
investigations, hold hearings, and take other steps which it may deem
appropriate. For the purpose of the hearings, investigations, and
inquiries, the panel may issue subpoenas requiring the attendance and
testimony of witnesses and the production of evidence. The Regents
of the University of California, the Directors of Hastings College of
the Law, and the Trustees of the California State University 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, except for those
records, books, and information which are confidential by statute.

3593. (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 panel, subject to the rules and regulations of the board,
may make those findings and recommendations public 10 days
thereafter. During this 10-day period, the parties are prohibited
from making the panel's findings and recommendations public.
(b) The costs for the services of the panel chairperson, including
per diem fees, if any, and actual and necessary travel and
subsistence expenses, shall be borne by the board. Any other mutually
incurred costs shall be borne equally by the employer and the
exclusive representative. Each party shall bear the costs it incurs
for the panel member it selects.
(c) (1) This subdivision applies only to disputes relating to the
faculty and librarians of the University of California and the
Hastings College of the Law. For the purposes of this subdivision,
"faculty" means teachers employed to teach courses and authorize the
granting of credit for the successful completion of courses, and
excludes employees whose employment is contingent on their status as
students.
(2) Irrespective of whether the panel makes its findings and
recommendations public pursuant to subdivision (a), the Regents of
the University of California and the Directors of the Hastings
College of the Law, as appropriate, shall make the findings and
recommendations of the panel public after the 10-day period
prescribed by subdivision (a) has ended. These findings and
recommendations shall be posted in a prominent public place, and
copies of the findings and recommendations shall be made available to
any person attending the next regularly scheduled public meeting of
the regents or the directors, as appropriate. The publicly
distributed agenda of the next regularly scheduled meeting of the
regents or the directors, as appropriate, shall reference the
availability of these findings and recommendations.
(3) It is the intent of the Legislature that the regents or the
directors, as appropriate, shall act upon the findings and
recommendations of the panel at an open and public meeting within 90
days of their submission to the parties by the panel.

3594. Nothing in this article shall be construed to prohibit the
mediator appointed pursuant to Section 3590, with the permission of
the parties, from continuing mediation efforts on the basis of the
findings of fact and recommended terms of settlement made pursuant to
Section 3594.