Bill > S1339

This bill amends Massachusetts General Laws Chapter 150E, Section 9, to establish a more structured process for resolving collective bargaining disputes in public service when negotiations reach an impasse, meaning parties cannot agree. If parties cannot resolve issues within 30 days after a fact-finder's report is published, or if they've waived fact-finding, either the employee organization or employer can petition the board to order arbitration. This arbitration will be conducted by a three-member panel, with one arbitrator chosen by the employer, one by the employee organization, and a third impartial arbitrator selected by the first two to act as chairman, or by a single arbitrator if both parties agree. The bill outlines the procedures for selecting arbitrators, conducting hearings, receiving evidence, and issuing subpoenas, with the power to enforce these through the superior court. The arbitration panel or single arbitrator will consider various factors, including the Commonwealth's financial ability, public welfare, job conditions, and comparisons with similar employment, to make a final and binding decision on the disputed issues, which can be retroactive to the contract's expiration date. The costs of arbitration will be divided equally between the parties, with each party covering the compensation for their selected arbitrator, and the American Arbitration Association will establish payment schedules. Any arbitration award must be authorized by the relevant legislative body or school committee and will be binding and enforceable.