Bill > S1425

This bill modifies existing law regarding collective bargaining disputes for public employees, specifically by establishing a more defined process for resolving impasses when negotiations fail. If parties cannot reach an agreement within thirty days after a fact-finder's report is published, or if fact-finding was waived, either side can petition a board to order arbitration. This arbitration will involve a three-member panel, with one arbitrator chosen by the employer, one by the employee organization, and a neutral chair selected by the other two, or the board will appoint arbitrators if selections are delayed. Alternatively, if both parties agree, a single arbitrator can be appointed by the board. The arbitration process includes hearings, the ability to subpoena witnesses and evidence, and requires parties to submit their "last and best offer" for each disputed issue. Within ten days of the hearing's conclusion, a majority of the panel or the single arbitrator will select either the employer's or the employee organization's last best offer, or the fact-finder's recommendations, as the final and binding award, subject to appropriation. The bill also outlines various factors arbitrators must consider, including the financial ability of the commonwealth, public welfare, job conditions, comparisons with similar employment, cost of living, and overall compensation. The arbitration award can be retroactive to the expiration of the last contract and can be enforced in court.