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34-11 Mediation of Disputes Between Public Employers and Employees

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CHAPTER 34-11MEDIATION OF DISPUTES BETWEEN PUBLIC EMPLOYERS AND EMPLOYEES34-11-01.Recommendations of mediation board - Effect - Good faith andcooperation required. No provisions of this chapter may be construed to mean that the state or<br>any subordinate jurisdiction thereof or any board, commission, or department within such public<br>jurisdiction is compelled to accept the recommendations of a mediation board as binding nor is<br>any group of employees affiliated with a union or otherwise compelled to abide by the<br>recommendations of such mediation board; provided, however, that both parties to any dispute<br>or grievance in the public employee field covered by this chapter are required to proceed in good<br>faith according to the terms hereof to create a mediation board and to cooperate fully with such<br>board in attending hearings and supplying data concerning all matters in dispute, to answer<br>questions and in all other particulars to respond in good faith and to cooperate fully with such<br>board in its attempt to settle the matter in dispute. Nor may anything in this chapter be construed<br>to affect, limit, or impair the right of any public employee to express that individual's views, to<br>make complaint or give testimony concerning any grievance pertaining to public employment or<br>to the betterment of that individual's working conditions.Nor may the provisions herein beconstrued to authorize any public employer covered by this chapter to attempt to or deter any<br>public employee working subject to the public employer's jurisdiction from affiliating with any<br>union, association, or other group of public employees nor may a public employer refuse to<br>consider grievances concerning employment problems with the representatives duly chosen by<br>such union, association, or affiliation of public employees.34-11-02. Mediation board - Designation - Selection of chairman. Whenever a publicemployer or the employing head of a board, commission, or department in the state service or in<br>the services of any subordinate jurisdiction or whenever any union, association, or group of public<br>employees of a public unit of government decides by vote of such group that a grievance or<br>matter in dispute which has been considered between the employer and the employee cannot be<br>settled amicably and without disruption of the public service, it is the duty of the employer or the<br>employees or both to request in writing of the chief executive officer of the unit of government,<br>namely the governor in the state service, the chairman of the county board or commission in<br>county services, and the mayor or city manager of the city in city services, that it is the wish of<br>one or both parties concerned in such dispute or grievance that the provisions of this chapter be<br>made use of by the designation by such officer of two members of a mediation board, one to be<br>recognized as a representative of the employer in the public service and one to be a bona fide<br>employee who is a member of the union, association, or group of employees and who is<br>interested in the point of view of such group of employees. The two persons so designated shall<br>upon their appointment forthwith meet and agree upon a third person who must be chairman of<br>the mediation board.34-11-03. Duty of mediation board - Public hearings - Determination of issues -Recommendations. It is the duty of such mediation board to hold public hearings to consider<br>the matter in dispute or the grievance at any place in the state for state employee-employer<br>disputes or grievances, at any place within the jurisdiction of the county in county disputes, and<br>within the limits of the city in a city dispute. Such board has the authority to subpoena witnesses,<br>compel their attendance, administer oaths, take testimony, and receive evidence and it<br>possesses the authority to discuss informally the matter of dispute or the grievance in the<br>presence of both the employer or the employee or their representatives.Following theconclusion of such public hearings or such public considerations of the problem involved, such<br>board shall within thirty days make determination of the issues involved in such dispute or<br>grievance, prepare recommendations thereon in writing and submit a signed copy to the<br>governor in the case of a dispute in the state employee field, to the chairman of the county board<br>or commission in the case of a county dispute, and to the mayor or city manager in the case of a<br>dispute in city service, and a signed copy to the employer and to the representative of the<br>employees.34-11-04.Studyofrecommendationsbyemployerandemployees-Reconsideration by board. The employer and the employees concerned shall in good faithPage No. 1study the recommendations so prepared by the mediation board, and if either party to the dispute<br>or grievance after such consideration of the recommendations feels that for some reason it<br>cannot accept the recommendation, it shall notify the opposing party in writing and give reasons<br>therefor. In such event either party to the dispute is entitled to ask the board of mediators for<br>further consideration. Whenever further consideration is so requested, both parties to the dispute<br>are bound to respond a second time as hereinbefore provided and the mediation board is<br>privileged to exercise all of the powers with which it is clothed.34-11-05.Expenses of board members reimbursed.The members of boards ofmediation may not receive compensation for their work but they must be reimbursed for any<br>actual or necessary expenses incurred in connection therewith, and the unit of government<br>involved is obligated upon proper affidavit therefor to pay from the treasury actual costs, including<br>subpoena services and other expenses.Page No. 2Document Outlinechapter 34-11 mediation of disputes between public employers and employees