Labor Relations: The Meet and Confer Process

arbitrator be less likely to accept an argument that “qualifications” for the assignment include such things as reliability, dependability, etc., if the management’s rights clause was not in agreement? v. Bargaining History of the Language Arbitrators generally construe ambiguous language against the party who proposed or drafted it.

vi. Interpretation in Light of the Law Arbitrators will seek an interpretation that validates an agreement over one that invalidates it.

vii. Use of Dictionary Definition Arbitrators will use the usual and ordinary definitions of words from a reliable dictionary when there is no mutual understanding between the parties as to a different meaning, such as if the word or phrase is specifically defined in the agreement. viii. Assumption Against Harsh, Absurd or Nonsensical Results Arbitrators generally will assume that the parties did not intend their language to have harsh, absurd or nonsensical consequences unless other evidence clearly points in this direction.

Many MOU provisions related to compensation provided to employees can raise a number of tax issues. Therefore, we recommend that an agency have a tax advisor review any new MOU provisions or revisions related to compensation provided to employees and periodically review MOU’s to ensure compliance with tax laws and to avoid any unintended tax issues or consequences.

LCW Practice Advisor

2. P RESENTING THE A GREEMENT The MMBA provides that the agreement reached by the parties shall not be binding until it is presented to the “governing body or its statutory representative for determination.” 292 The governing body has two options for responding: “either that the MOU is approved and shall be effective or that it is not approved, in which event further negotiations to reach an acceptable agreement are in order.” 293 PERB has rejected a bargaining representative’s argument that, when a body does not approve the agreement, it is required to provide some “specific directive” or “guidance” regarding what changes were needed to obtain later approval of such an agreement. 294 3. U TILIZING I MPASSE P ROCEDURES Impasse is the point in negotiations at which one or both parties determine that no further progress can be made toward reaching an agreement. The MMBA does not contain a definition of impasse. PERB has held that the EERA’s definition of impasse is appropriate under the MMBA as well. 295 It is defined to mean that “the parties to a dispute over matters within the

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 67