What Happens When Bargaining Reaches Impasse?
While SLOCEA and the County are still actively engaged in good-faith bargaining, given the County’s recent economic proposal at the table, there have been many questions from members regarding what happens next, if we don’t reach an agreement.
In every round of collective bargaining, there are ups and downs, times when progress comes quickly and times when things stall. If SLOCEA and the County cannot reach agreement after a good-faith effort to negotiate, state law provides a process to move things forward. That process begins with something called impasse.
This article walks you through what happens when negotiations reach impasse for public employees in California. We’ll explain how it’s declared, what comes next (mediation, fact-finding, imposition), and when concerted labor actions - like a strike - can legally occur. While we hope to avoid impasse by securing a fair and equitable contract, it’s important that SLOCEA members understand how the process works and how our collective power remains central throughout it.
What is Impasse?
Under California’s Meyers-Milias-Brown Act (MMBA) - the law governing collective bargaining for most public employees - impasse occurs when both the union and the employer have bargained in good faith but remain deadlocked on unresolved issues.
Impasse doesn’t mean the process is over. It simply means that traditional negotiations have been exhausted, and a formal resolution process begins. Either party—the union or the employer—can declare impasse. The declaration must be in writing and state that no further progress can be made through regular negotiations.
Step 1: Mediation
Once impasse is declared, either party can request the assistance of a mediator, often through the Public Employment Relations Board (PERB). A neutral third-party mediator will work with both sides to explore potential compromises and move toward agreement.
Mediation usually lasts 30 to 45 days. If the parties are still deadlocked after this period, the mediator may certify that mediation was unsuccessful. At that point, or even earlier, the union has the right to request fact-finding.
Step 2: Fact-Finding
Fact-finding is a legally mandated step that helps ensure transparency and fairness in the bargaining process. Only the union can request fact-finding.
A three-member fact-finding panel is then formed:
One representative selected by the union
One by the employer
One neutral chairperson appointed by PERB or mutually agreed upon by both parties
This panel conducts a hearing, reviews data, hears arguments, and ultimately issues a non-binding report recommending how to resolve the remaining issues. The panel is required to consider several factors, including:
State and federal laws
The employer’s ability to pay
The interests and welfare of the public
Comparisons to similar employees in comparable jurisdictions
Overall compensation (wages, hours, and benefits)
The panel must issue its report within 30 days. The report is first shared privately with both parties and then made public 10 days later.
Step 3: What Happens After Fact-Finding?
Once the fact-finding report is released, the parties are required to meet again and try to reach a deal based on the recommendations. Sometimes this renewed discussion leads to settlement. If not, and the union does not take further action, the employer has the legal right to impose its Last, Best, and Final Offer (LBFO).
However, this can only occur if:
All impasse procedures (fact-finding and public release of findings) have been completed,
A public hearing is held under the Brown Act, and
At least 10 days have passed since the panel’s recommendations were made public.
Importantly, even if the employer imposes its LBFO, it is only for the remainder of the current budget year. The obligation to bargain still exists in future cycles.
Step 4: Concerted Labor Actions
So what about strikes and other labor actions?
Under California law, concerted actions such as strikes, picketing, or work stoppages become legal after impasse has been declared and fact-finding has occurred. In other words, once SLOCEA has exhausted the required legal steps, we are allowed to take protected action—provided it is authorized by a vote of the membership.
This is a critical moment. The right to strike or take job actions is one of the most powerful tools workers have. But it’s also a serious decision that requires careful planning, legal compliance, and the strong, unified support of the membership. It’s not a tool we utilize without thoroughly vetting out all options and ensuring that the membership is willing to take that action.
Why This Matters
While impasse may sound like a breakdown, it is really a structured path forward. Each step is designed to apply public pressure, foster transparency, and give SLOCEA a chance to build strength. Fact-finding shines a light on the employer’s position and invites scrutiny from the broader community.
At the same time, it’s important to recognize that the employer has tools too, including the ability to impose an offer after completing the process. That’s why SLOCEA’s preparation, member engagement, and solidarity matter at every stage. Our power at the table is directly tied to our unity away from it.
Looking Ahead
SLOCEA has been through this process before. In 2018, after reaching impasse and exhausting the process, our members voted to authorize a strike. For the first time in it’s history, the SLOCEA membership went on strike for 3 days, disrupting the County Government corridor in downtown SLO and bringing to light the County’s failure to provide meaningful wages for their employees. That pressure, combined with member mobilization, eventually led to resolution—though the County did implement an LBFO that year of a 0.5% COLA. We’ve learned from that experience, and we are prepared to fight smarter and stronger if needed. SLOCEA’s Strike Fund, established in 2024, is one example of how SLOCEA has taken steps to prepare for future labor actions, if needed.
We hope this explanation helps you understand how the process works—and more importantly, how your participation makes a difference. Stay informed, stay engaged, and stay united. That’s how we succeed together.
Emily Landis
Executive Director