Substitute Senate Bill No. 1107
Substitute Senate Bill No. 1107
PUBLIC ACT NO. 97-177
AN ACT CONCERNING BINDING ARBITRATION FOR
TEACHERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subdivision (1) of subsection (c)
of section 10-153f of the general statutes is
repealed and the following is substituted in lieu
thereof:
(c) (1) On the fourth day next following the
end of the mediation session or on the one hundred
thirty-fifth day prior to the budget submission
date, whichever is sooner, the commissioner shall
order the parties to report their settlement of
the dispute or, if there is no settlement, to
notify the commissioner of either their agreement
to submit their dispute to a single arbitrator or
the name of the arbitrator selected by each of
them. SUCH NOTIFICATION SHALL INCLUDE THE NAME OF
THE ARBITRATOR IF THERE IS AN AGREEMENT ON A
SINGLE ARBITRATOR APPOINTED TO THE PANEL PURSUANT
TO SUBDIVISION (3) OF SUBSECTION (a) OF THIS
SECTION OR AGREEMENT ON THE THIRD ARBITRATOR
APPOINTED TO THE PANEL PURSUANT TO SAID
SUBDIVISION. The commissioner may order the
parties to appear before said commissioner during
the arbitration period. If the parties have
notified the commissioner of their agreement to
submit their dispute to a single arbitrator AND
THEY HAVE NOT AGREED ON SUCH ARBITRATOR, within
five days after such notification, the
commissioner shall select such single arbitrator
who shall be an impartial representative of the
interests of the public in general. If each party
has notified the commissioner of the name of the
arbitrator it has selected AND THE PARTIES HAVE
NOT AGREED ON THE THIRD ARBITRATOR, within five
days after such notification, the commissioner
shall select a third arbitrator, who shall be an
impartial representative of the interests of the
public in general. If either party fails to notify
the commissioner of the name of an arbitrator, the
commissioner shall select an arbitrator to serve
and the commissioner shall also select a third
arbitrator who shall be an impartial
representative of the interests of the public in
general. Any selection pursuant to this section by
the commissioner of an impartial arbitrator shall
be made at random from among the members appointed
under subdivision (3) of subsection (a) of this
section. Arbitrators shall be selected from the
panel appointed pursuant to subsection (a) of this
section and shall receive a per diem fee
determined on the basis of the prevailing rate for
such services. Whenever a panel of three
arbitrators is selected, the chairperson of such
panel shall be the impartial representative of the
interests of the public in general.
Sec. 2. Subdivision (4) of subsection (c) of
section 10-153f of the general statutes is
repealed and the following is substituted in lieu
thereof:
(4) After hearing all the issues, the
arbitrators or the single arbitrator shall, within
twenty days, render a decision in writing, signed
by a majority of the arbitrators or the single
arbitrator, which states in detail the nature of
the decision and the disposition of the issues by
the arbitrators or the single arbitrator. The
written decision shall include a narrative
explaining the evaluation by the arbitrators or
the single arbitrator of the evidence presented
for each item upon which a decision was rendered
by the arbitrators or the single arbitrator and
shall state with particularity the basis for the
decision as to each disputed issue and the manner
in which the factors enumerated in this
subdivision were considered in arriving at such
decision, including, where applicable, the
specific similar groups and conditions of
employment presented for comparison and accepted
by the arbitrators or the single arbitrator and
the reason for such acceptance. The arbitrators or
the single arbitrator shall file one copy of the
decision with the commissioner, each town clerk in
the school district involved and the board of
education and organization which are parties to
the dispute. The decision of the arbitrators or
the single arbitrator shall be final and binding
upon the parties to the dispute unless a rejection
is filed in accordance with subdivision (7) of
this subsection. The decision of the arbitrators
or the single arbitrator shall incorporate those
items of agreement the parties have reached prior
to its issuance. At any time prior to the issuance
of a decision by the arbitrators or the single
arbitrator, the parties may jointly file with the
arbitrators or the single arbitrator, any
stipulations setting forth contract provisions
which both parties agree to accept. In arriving at
a decision, the arbitrators or the single
arbitrator shall give priority to the public
interest and the financial capability of the town
or towns in the school district, including
consideration of other demands on the financial
capability of the town or towns in the school
district. IN ASSESSING THE FINANCIAL CAPABILITY OF
THE TOWN OR TOWNS, THERE SHALL BE AN IRREBUTTABLE
PRESUMPTION THAT A BUDGET RESERVE OF FIVE PER CENT
OR LESS IS NOT AVAILABLE FOR PAYMENT OF THE COST
OF ANY ITEM SUBJECT TO ARBITRATION UNDER THIS
CHAPTER. The arbitrators or the single arbitrator
shall further consider, in light of such financial
capability, the following factors: (A) The
negotiations between the parties prior to
arbitration, including the offers and the range of
discussion of the issues; (B) the interests and
welfare of the employee group; (C) changes in the
cost of living averaged over the preceding three
years; (D) the existing conditions of employment
of the employee group and those of similar groups;
and (E) the salaries, fringe benefits, and other
conditions of employment prevailing in the state
labor market, including the terms of recent
contract settlements or awards in collective
bargaining for other municipal employee
organizations and developments in private sector
wages and benefits. The parties shall submit to
the arbitrators or the single arbitrator their
respective positions on each individual issue in
dispute between them in the form of a last best
offer. The arbitrators or the single arbitrator
shall resolve separately each individual disputed
issue by accepting the last best offer thereon of
either of the parties, and shall incorporate in a
decision each such accepted individual last best
offer and an explanation of how the total cost of
all offers accepted was considered. The award of
the arbitrators or the single arbitrator shall not
be subject to rejection by referendum. The parties
shall each pay the fee of the arbitrator selected
by or for them and share equally the fee of the
third arbitrator or the single arbitrator and all
other costs incidental to the arbitration.
Approved June 24, 1997