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WHAT IS IMPASSE AND HOW IS IT DECLARED?

CERRITOS COLLEGE FACULTY FEDERATION (CCFF)

Spring 2022 for 2021-2024 Collective Bargaining Agreement

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IMPASSE EXPLAINED

According to the Higher Education Employer-Employee Relations Act (HEERA) of 1979, Impasse means that “the parties have reached a point in meeting and conferring at which their differences in positions are such that further meetings would be futile.” (Govt. Code sec. 3562(j)) Because CCFF acknowledges that we and the Cerritos Community College District cannot reach an agreement after bargaining in good faith, HEERA allows one or both sides to declare impasse and request to go to the next statutory stage of bargaining, which is mediation. To determine if an impasse exists, PERB will take into account several factors: (1) the number and length of negotiating sessions and the period of time over which these sections occurred; (2) the extent to which the parties presented and discussed counter proposals; (3) the extent to which the parties reached tentative agreements on negotiated issues; and (4) the extent of issues that remain unresolved.

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HOW DO THE PARTIES PROCEED DURING MEDIATION?

Once PERB determines impasse, both CCFF and the Cerritos Community College District are obligated to participate in good faith mediation, and, if ordered by the mediator, to proceed through fact-finding. The State Mediation and Conciliation Service assigns a mediator to assist both parties to reach a voluntary resolution on their disagreements. The mediator will meet individually and collectively with CCFF and the district representatives. If or when the mediator concludes that mediation cannot produce a settlement, they then certify the dispute for the next step, which is fact-finding.

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HOW DOES FACT-FINDING WORK?

In fact-finding, a three-person panel (made up of one person from the union, one person from the district, and a neutral party to which both sides agree) listens to both sides’ presentations.

The panel issues a majority report (written by one side and the neutral third party). The report states findings and recommends a resolution. After a 10-day cooling off period, the report is shared publicly. The report is non-binding; rather it is meant to exert the power of public opinion on the sides to reach agreement.

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WHAT HAPPENS IF FACT-FINDING DOESN’T WORK EITHER?

At that point, if the parties cannot reach an agreement, management can impose its “last, best, and final offer” on the faculty. At the same time, our “non-strike” clause is suspended, and the faculty can engage in work actions up to and including the withholding of our labor-in other words, a strike.

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HOW LONG WILL ALL THIS TAKE?

At any point in this process, the sides could reach an agreement. If the process goes all the way to “imposition” by management, it could be a good number of months.

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WHAT CAN FACULTY DO TO HELP SECURE A FAIR CONTRACT?

If you are not a member of CCFF yet, please join CCFF now. There is no time like the present and we are stronger when we are united against management;

Join

Attend your regular CCFF meetings and public executive board meetings.

Attend

Attend your CCFF membership committee meetings and participate in contract campaign related activities.

Attend

Attend Picket Information Rallies and contract campaign activities.

Attend

Submit a public comment to be read during the BoT meetings at (562) 888-3610 or attend the in-person meetings.

Submit

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DOWNLOAD THESE ZOOM PROFILE PICTURES DURING DEPARTMENT OR DIVISION MEETINGS, SOCIAL MEDIA, AND EMAIL SIGNATURE

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DOWNLOAD THESE ZOOM BACKGROUND IMAGES

USE THEM DURING DEPARTMENT OR DIVISION MEETINGS, SOCIAL MEDIA, AND EMAIL SIGNATURE

Follow these ZOOM virtual background Instructions

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Get Involved! United We Bargain!

Contact your Negotiations Team Now:

Dr. Lynn Wang, CCFF President

president@ccffcerritos.org

Dr. April Bracamontes, CCFF FT VP/Lead Negotiator

negotiations@ccffcerritos.org

Jason Hultman, CCFF Negotiations Team Member, Part Time Faculty

negotiations@ccffcerritos.org