20.22 - BINDING ARBITRATION.
20.22 BINDING ARBITRATION.
1. If an impasse persists after the findings of fact and
recommendations are made public by the fact-finder, the parties may
continue to negotiate or, the board shall have the power, upon
request of either party, to arrange for arbitration, which shall be
binding. The request for arbitration shall be in writing and a copy
of the request shall be served upon the other party.
2. a. Each party shall submit to the board within four days
of request a final offer on the impasse items with proof of service
of a copy upon the other party. Each party shall also submit a copy
of a draft of the proposed collective bargaining agreement to the
extent to which agreement has been reached and the name of its
selected arbitrator. The parties may continue to negotiate all
offers until an agreement is reached or a decision rendered by the
panel of arbitrators.
b. As an alternative procedure, the two parties may agree to
submit the dispute to a single arbitrator. If the parties cannot
agree on the arbitrator within four days, the selection shall be made
pursuant to subsection 5. The full costs of arbitration under this
provision shall be shared equally by the parties to the dispute.
3. The submission of the impasse items to the arbitrators shall
be limited to those issues that had been considered by the
fact-finder and upon which the parties have not reached agreement.
With respect to each such item, the arbitration board award shall be
restricted to the final offers on each impasse item submitted by the
parties to the arbitration board or to the recommendation of the
fact-finder on each impasse item.
4. The panel of arbitrators shall consist of three members
appointed in the following manner:
a. One member shall be appointed by the public employer.
b. One member shall be appointed by the employee
organization.
c. One member shall be appointed mutually by the members
appointed by the public employer and the employee organization. The
last member appointed shall be the chairperson of the panel of
arbitrators. No member appointed shall be an employee of the
parties.
d. The public employer and employee organization shall each
pay the fees and expenses incurred by the arbitrator each selected.
The fee and expenses of the chairperson of the panel and all other
costs of arbitration shall be shared equally.
5. If the third member has not been selected within four days of
notification as provided in subsection 2, a list of three arbitrators
shall be submitted to the parties by the board. The two arbitrators
selected by the public employer and the employee organization shall
determine by lot which arbitrator shall remove the first name from
the list submitted by the board. The arbitrator having the right to
remove the first name shall do so within two days and the second
arbitrator shall have one additional day to remove one of the two
remaining names. The person whose name remains shall become the
chairperson of the panel of arbitrators and shall call a meeting
within ten days at a location designated by the chairperson.
6. If a vacancy should occur on the panel of arbitrators, the
selection for replacement of such member shall be in the same manner
and within the same time limits as the original member was chosen.
No final selection under subsection 9 shall be made by the board
until the vacancy has been filled.
7. The panel of arbitrators shall at no time engage in an effort
to mediate or otherwise settle the dispute in any manner other than
that prescribed in this section.
8. From the time of appointment until such time as the panel of
arbitrators makes its final determination, there shall be no
discussion concerning recommendations for settlement of the dispute
by the members of the panel of arbitrators with parties other than
those who are direct parties to the dispute. The panel of arbitrators
may conduct formal or informal hearings to discuss offers submitted
by both parties.
9. The panel of arbitrators shall consider, in addition to any
other relevant factors, the following factors:
a. Past collective bargaining contracts between the parties
including the bargaining that led up to such contracts.
b. Comparison of wages, hours and conditions of employment of
the involved public employees with those of other public employees
doing comparable work, giving consideration to factors peculiar to
the area and the classifications involved.
c. The interests and welfare of the public, the ability of
the public employer to finance economic adjustments and the effect of
such adjustments on the normal standard of services.
d. The power of the public employer to levy taxes and
appropriate funds for the conduct of its operations.
10. The chairperson of the panel of arbitrators may hold hearings
and administer oaths, examine witnesses and documents, take testimony
and receive evidence, issue subpoenas to compel the attendance of
witnesses and the production of records, and delegate such powers to
other members of the panel of arbitrators. The chairperson of the
panel of arbitrators may petition the district court at the seat of
government or of the county in which any hearing is held to enforce
the order of the chairperson compelling the attendance of witnesses
and the production of records.
11. A majority of the panel of arbitrators shall select within
fifteen days after its first meeting the most reasonable offer, in
its judgment, of the final offers on each impasse item submitted by
the parties, or the recommendations of the fact-finder on each
impasse item.
12. The selections by the panel of arbitrators and items agreed
upon by the public employer and the employee organization, shall be
deemed to be the collective bargaining agreement between the parties.
13. The determination of the panel of arbitrators shall be by
majority vote and shall be final and binding subject to the
provisions of section 20.17, subsection 6. The panel of arbitrators
shall give written explanation for its selection and inform the
parties of its decision. Section History: Early Form
[C75, 77, 79, 81, § 20.22] Section History: Recent Form
2008 Acts, ch 1032, §201
Referred to in § 20.19