Modifies provisions relating to public labor organizations

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SB 1529 - This act creates new provisions relating to the bargaining process over labor agreements between public labor organizations and public bodies.

Within 30 days after a labor organization has been designated as the exclusive bargaining representative for the public employees in a bargaining unit the bargaining process must begin with representatives of the public body and representatives of the labor organization meeting and bargaining in good faith, as that term is defined in the act, for an agreement covering the wages, benefits, and other terms and conditions of employment for the public employees within the bargaining unit. The labor organization and the public body shall engage in good faith bargaining with each other's designated representatives. In the event that an agreement cannot be reached within 180 days after a labor organization is designated as exclusive bargaining representative for the public employees in a bargaining unit, the dispute shall be referred to mediation. If, after 90 days, mediation has not been successful then the matter shall be referred to arbitration as described below.

At any time during the bargaining process, if either the labor organization or the public body determines an impasse has been reached over wages, benefits, hours, or other terms and conditions of employment, the party may submit the matter to interest arbitration. If the parties agree that an impasse has been reached, within seven days of such decision the public body and labor organization shall attempt to agree upon an impartial arbitrator to resolve the impasse. If an arbitrator cannot be agreed upon within such time period then the party that made the initial determination of impasse shall request a panel of seven arbitrators from the Federal Mediation and Conciliation Services. The parties shall alternate striking from the panel one arbitrator at a time until a single arbitrator is left, with the party that made the initial determination of impasse striking first.

Once an arbitrator has been selected, the parties shall proceed to present their arguments. Within 45 days the arbitrator shall submit its decision. The decision of the arbitrator shall be binding upon the parties, provided that any provision that would require the enactment of law for its implementation shall not be binding until such time as the law is enacted.

If, at any time during the bargaining process for an initial contract or for successor contracts, either the labor organization or public body believes the opposing party has engaged in bad faith bargaining in violation of this act it may submit the matter to the State Board of Mediation for determination. If the Board determines a party has engaged in bad faith bargaining in violation of this act it shall refer the matter to interest arbitration in accordance with this act.
SCOTT SVAGERA