What is “Fact-Finding” ?

CAUSE ADVISORY
IMPASSE Update – Feb. 28, 2025
Mediator Directs Parties to “Fact-Finding” 

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CUSD Employees, Parents, & Community Members,

The Union has received notification from the California Public Employment Relations Board [Ca. PERB] that the 23-24 Collective Bargaining Cycle, now 21 months on, was directed to “Fact-Finding.”  CAUSE Leadership is disappointed that the District did not take the now 7 month “Mediation” process any more seriously than it took the first 14 months of the negotiation process.

 

Moving Forward:

Although the “Mediation” phase was a confidential phase, where Union leadership was not permitted to share either party’s proposals, the “Fact-Finding” process is not confidential.  Therefore, CAUSE has attached two new proposals, which have also been provided to CUSD.  [ Nothing prohibits the parties from continuing to settle our outstanding IMPASSE.  We remain focused on reaching a fiscally responsible agreement , which is both fair to District employees and avoids any future interruption to the teaching & learning environment, our students, their families, and the community. ]

 

What is the “Fact-Finding” process?

 

* When an agreement is not reached in the “Mediation” phase of IMPASSE, the parties are directed to “Fact-Finding.

* An impartial expert/s are selected by either the parties or by an individual with the authority to appoint a neutral fact finder, who is assigned to determine the “facts” in dispute.

* The fact finder is authorized to evaluate the matter and file a report establishing the “facts.”

* The fact-finder is authorized to issue a substantive recommendation as to how a dispute might be resolved.

*  The District may accept or reject the fact-finder’s recommendation.

* If the fact-finder’s recommendation is accepted, an agreement is reached between the parties.

* If the fact-finder decision is not accepted, the District may impose its will.

. * Employees may then determine how to best respond; including and up to the right to “STRIKE.”  If such a strike occurs, employees cannot be fired for participating in a protected strike.

 

Upcoming Organizing Opportunities:

Shortly, several activities will be announced.  These will be designed to educate the community on the importance of increased District SAFETY and compensation levels that bring employees economic stability in the face of extraordinary “Cost of Living” increases over the last two years (i.e. 20% – 23% regionally).

We are proud to serve you.

~ CAUSE Leadership