How We Arrived at the Fact-Finding Process

Negotiations and subsequent impasse mediations did not yield an agreement. The District and labor unions all signed confidentiality agreements that state we cannot share any proposals that may have been made by the parties during that timeframe; therefore, we cannot share any as we have in the past.

Negotiations: The bargaining teams deal directly with each other to work through issues and contract proposals.

Impasse Mediation: Once an impasse is confirmed by the state, a neutral mediator(s) appointed by the California Public Employment Relations Board (PERB) assists with resolving the remaining issues.

Fact-Finding: When the mediator(s) determine that additional sessions would not be helpful, the parties are released to pursue fact-finding.

No Mediated Agreement: Declaring Fact-Finding

•       Fact-finding does not happen automatically. One or both parties must formally request that the process be initiated with the Public Employment Relations Board (PERB).

•       Once initiated, both parties appoint members to the hearing panel.

•       Within five days of the appointment of each party's panel member, PERB is responsible for appointing a chairperson.

•       If both parties agree, they may select a different person to chair their fact-finding panel.

•       Once confirmed, the three-member fact-finding panel is responsible for convening a hearing process where information is collected from the parties and reviewed in light of the specific criteria set out in the law. This process is designed to ensure that the panel's findings and recommendations are fair and comprehensive.

•       During this process, the parties may still explore options for settlement.

•       If no settlement is reached within 30 days of the appointment of the panel, the chairperson of the panel is responsible for preparing a written report, setting forth their findings based on the statutory criteria and their recommendations for settlement.

•       The fact-finding report is advisory only and not binding on either party.

•       Once drafted, the report is initially released privately, only to the parties.

•       Upon receipt, the parties are required to consider the panel's recommendations and will generally meet again, in a final effort to resolve their remaining disagreements.

•       If issued to the parties, the written report must be made public within 10 days thereafter, regardless of whether the parties are able to reach a settlement.

•       Once that process has concluded and in the absence of a final agreement, the District may, but is not required to, impose its last, best, and final offer, and the union is free to strike.

•       Note that the duty to bargain may be revived at any time during this process should either party offer material concessions or indicate a willingness to compromise on their prior position(s).

VUSD Collective Bargaining Timeline

 

Updated on September 17, 2026