Bill > H2305

This bill establishes a process for binding arbitration for firefighters and police officers when they reach an impasse in contract negotiations with their city, town, or district. If negotiations stall for thirty days after a fact-finder's report is published, or if fact-finding is waived, a recognized employee organization can petition a board to investigate. If the board confirms that negotiations have been conducted in good faith, that thirty days have passed since the fact-finder's report (or waiver), that prohibited practice proceedings have been exhausted, and that an impasse still exists, the dispute will be resolved through arbitration. This can involve a three-member panel (one arbitrator chosen by the employer, one by the employee organization, and a neutral chair selected by them, or appointed by the board if necessary) or, if both parties agree, a single arbitrator appointed by the board. The arbitration panel or single arbitrator will hold a hearing, consider evidence, and have the power to issue subpoenas. Ultimately, the arbitrator(s) will select either the employer's or the employee organization's "last and best offer" or the fact-finder's recommendation as the final, binding award, which will be legally enforceable. The arbitration process will consider various factors, including the municipality's financial ability, public welfare, job hazards, comparisons with similar employment, cost of living, and overall compensation. For police officers, arbitration is limited to wages, hours, and conditions of employment, excluding inherent managerial rights like appointment and promotion; for firefighters, it excludes appointment and promotion rights but includes initial station assignment, seniority in transfers, and disciplinary transfers. The bill also clarifies that municipal employers are not required to negotiate minimum manning or shift coverage, and that the arbitration process will not be mooted by the start of a new fiscal year, with awards potentially being retroactive. Costs for arbitrators will be borne by the party who selected them, with other arbitration costs split equally, and compensation will follow a schedule set by the American Arbitration Association. Part-time police officers and firefighters are not covered by this bill.