Title 4 Part 205

Impasses

recognized employee organization have failed to achieve an agreement, either the public

employer or the employee organization may notify the board in writing of the existence of an

impasse by filing a declaration of impasse. An original and one copy of the declaration shall be

filed with the director of conciliation, and another shall be served upon all other parties to the

negotiations. Such declaration shall specify:

electronic mail address, if any, of the person issuing the declaration;

mail address, if known, of the other parties to the collective negotiations;

represented in that unit;

number and dates of the negotiation sessions;

collective negotiations;

the filing party; and

conciliation shall determine its sufficiency, and thereafter may appoint a mediator from a list of

qualified persons maintained by the board to assist the parties to effect a voluntary resolution of

the impasse. Nothing herein shall preclude an impasse from being deemed to exist on motion of

the director of conciliation or the board.

interest arbitration pursuant to sections 209.4 or 209.5 of the act, should the mediation process

not achieve an agreement, either party to the negotiations may file with the director of

conciliation an original and one copy of a request for appointment of a fact finder. The request

for fact-finding shall specify:

mail address if any, of the person issuing the request;

address(es) if known, of the other party(ies) to the collective negotiations;

collective negotiations; and

for fact-finding, the director of conciliation shall determine its sufficiency, and thereafter

may make an assignment from a list of qualified persons maintained by the board to

assist the parties to effect a voluntary resolution of the impasse. Nothing herein shall

preclude fact-finding from being deemed appropriate on motion of the director of

conciliation or the board.

Voluntary interest arbitration

to submit any unresolved issue in negotiations to arbitration, they may request the assistance of

the board in providing for such arbitration by a letter directed to the director of conciliation.

the submission.

of conciliation, which process will give the parties an opportunity to participate in the selection

of the arbitrator.

Compulsory interest arbitration pursuant to section 209.4 of the act

The following relates to impasses in collective negotiations between a public employer and a

recognized or certified employee organization as to the conditions of employment of employees

covered by the provisions of section 209.4 of the act.

Compulsory interest arbitration; petition

arbitration panel may be filed by an employee organization or public employer after 15 days

have elapsed following appointment of a mediator to such impasse by the director of

conciliation. A copy of the petition shall also be served upon the other party to the impasse

simultaneously.

in the impasse.

known, of the representative of each party to whom correspondence shall be directed.

negotiations, as follows:

upon.

Proposed contract language presented during negotiations must be attached.

of the individual that the petitioner is appointing to the public arbitration panel, and the

same information for the individual who will be representing the petitioner before the

public arbitration panel.

Compulsory interest arbitration; response and cross-response

days of receipt of the petition requesting arbitration. A copy of the response shall also be served

simultaneously upon the petitioning party.

and conditions of employment that were resolved by agreement, and as to those that were not

agreed upon, respondent shall set forth its position. Proposed contract language presented during

negotiations shall be included. If the respondent has filed an improper practice charge or a

declaratory ruling petition related to compulsory interest arbitration under section 205.6 of this

Part, the response shall contain a reference to such charge or petition. The response must include

the name, address, telephone number, fax number and electronic mail address if any, of the

individual that the respondent is appointing to the public arbitration panel, the same information

for the individual who will be representing the respondent in the interest arbitration, and proof of

service upon the petitioning party.

Part must file a cross-response notifying the director of conciliation of such filing. Such cross-

response shall be filed within ten working days of receipt of the response.

Objections to arbitrability

or response may only be raised by the filing of an improper practice charge or a declaratory

ruling petition pursuant to the requirements of this section. Objections as to arbitrability may

include, but not be limited to, the following circumstances:

response may be objected to by either party as being violative of section 209 a.1(d) or section

209 a.2(b) of the act by filing an improper practice charge pursuant to section 204.1 of this

Chapter. Section 204.1(b)(4) of this Chapter shall not apply. The matter shall be accorded

expedited treatment. If filed by the respondent, such a charge may not be filed after the date of

the filing of the response filed in accordance with section 205.5 of this Part; if filed by the

petitioner, such a charge may not be filed after the date of the filing of the cross-response filed in

accordance with section 205.5(c) of this Part. A charge shall state the date when the petition or

response was received.

by either party as not being within the scope of mandatory negotiations by filing a declaratory

ruling petition pursuant to Part 210 of this Chapter. If filed by the respondent, such a petition

may not be filed after the date of the filing of the response filed in accordance with section 205.5

of this Part; if filed by the petitioner, such a petition may not be filed more than 10 working days

after its receipt of the response.

the subject of an improper practice charge or a declaratory ruling petition, until final

determination thereof by the board or withdrawal of such charge or petition; the panel may make

an award on other issues.

Selection of the compulsory interest arbitration panel

to the arbitration panel and the two parties will jointly appoint the public member. The parties

will immediately notify the director of conciliation of the identity of the three members of the

panel selected by the parties. The director of conciliation shall forthwith designate such public

arbitration panel and refer the dispute to such panel.

petition, either party may request the board to submit a list of qualified persons for selection of

the public member. Within seven days after receipt of such request, the director of conciliation

shall submit to each party an identical list of nine arbitrators from its panel of arbitrators. A

resume and billing disclosure statement of each arbitrator on such list shall be enclosed for the

parties’ review.

of conciliation of the identity of a qualified public member they have mutually agreed upon, or,

if unable to agree, shall be required to meet and make their selection in the following manner:

Each party shall alternately strike from the list one of the names with the order of striking

determined by lot until one person remains, who shall be designated as the public member. If

either party so desires, a representative of the board will be present during the name striking

process. The name striking process must be completed within five days of receipt of the list from

the director of conciliation. The director of conciliation must be immediately notified of the

person selected as the public member. Upon the failure of one party to participate in the selection

process, all names on the list shall be deemed acceptable to it, and the other party will be entitled

to have its selection designated as the public member.

of conciliation shall immediately designate such public member, along with the individuals

named by the parties in sections 205.4(b)(5) and 205.5(b) of this Part, as the public arbitration

panel and refer the dispute to such panel.

Conduct of the arbitration proceeding

The conduct of the arbitration proceedings shall be under the exclusive jurisdiction and control

of the arbitration panel. The conduct of the arbitration panel shall conform to applicable law.

Determination and award

The determination and award of the arbitration panel shall be in writing, signed and

acknowledged by each member of the arbitration panel, and shall be delivered to the parties

either personally or by registered or certified mail, return receipt requested. Within five working

days of rendering the determination and award, the arbitration panel shall file the determination

and award with the director of conciliation.

Compulsory interest arbitration pursuant to section 209.5 of the act

Sections 205.11 through 205.20 of this Part relate to impasses in collective negotiations between

any of the entities covered by the provisions of section 209.5 of the act.

Joint petition

the director of conciliation to refer their dispute to a public arbitration panel by filing a joint

petition. In such event, the provisions of sections 205.12 through 205.17 of this Part shall not

apply.

in the impasse;

any, of the representative of each party to whom correspondence shall be directed;

as to which issues should be submitted to the arbitration panel;

panel; and

if any, of the individuals that the parties are appointing to the public arbitration panel as

their respective members, and the same information for the individuals who will be

representing the parties before the public arbitration panel.

Notification of impasse

In the event the covered parties have failed to achieve an agreement, either party may notify the

director of conciliation of the existence of an impasse. Such notice shall be filed with the director

of conciliation in accordance with the provisions of section 205.1 of this Part.

Assignment of mediator

Upon receipt of the notification of impasse, the direct of conciliation shall appoint a mediator

from a list of qualified persons maintained by the board to assist the parties to effect a voluntary

resolution of their collective negotiations.

Petition

their dispute to a public arbitration panel after 15 days have elapsed following appointment by

the director of conciliation of a mediator to such dispute.

in the impasse;

addresses, if known, of the representative of each party to whom correspondence shall be

directed;

cannot be effected; and

of the individual that the petitioner is appointing to the public arbitration panel, and the

same information for the individual who will be representing the petitioner before the

public arbitration panel; and

negotiations, as follows:

upon. Proposed contract language presented during negotiations must be attached;

and

Board certification

cause to be conducted an investigation to ascertain if a voluntary resolution of the contract

negotiations between the parties cannot be effected. In the course of such investigation, the

director of conciliation may direct the parties to conduct further negotiations, with or without

mediation. In such event, no new petition requesting arbitration need be filed.

negotiations between the parties cannot be effected, the director of conciliation shall convey such

conclusion to the board, together with a recommendation that the dispute be referred to a public

arbitration panel. The parties shall be notified, in writing, of the recommendation of the director

of conciliation. The respondent shall have an opportunity to object to the recommendation, in

writing, within three days after receipt of the notice of the recommendation.

negotiations between the parties cannot be effected and shall refer the dispute to the designated

public arbitration panel, subject, however, to the conditions set forth in section 205.17(d) of this

Part. In reaching its determination, the board may conduct or direct such additional investigation,

including hearings, as it deems advisable and proper, and may direct the parties to conduct

further negotiations, with or without mediation.

Response

requesting arbitration. A copy of the response shall be simultaneously served, by the same means

as the petition was served, upon the petitioning party.

and conditions of employment that were resolved by agreement and as to those that were not

agreed upon, respondent shall set forth its position. Proposed contract language presented during

negotiations shall be included. If the respondent has filed an improper practice charge or a

declaratory ruling petition relating to the petition for interest arbitration, the response shall

contain a reference to such charge or petition. The response must include the name, address,

telephone number, fax number and electronic mail address if any, of the individual that the

respondent is appointing to the public arbitration panel, the same information for the individual

who will be representing the respondent in the interest arbitration, and proof of service upon the

petitioning party.

this Part must file a cross-response notifying the director of conciliation of such filing. Such

cross-response shall be filed within 10 working days of receipt of the response.

Objections to arbitrability

raised by the filing of an improper practice charge or a declaratory ruling petition pursuant to the

requirements of this section. Objections as to arbitrability may include, but not be limited to, the

following circumstances:

response may be objected to by either party as being violative of section 209 a.1(d) or section

209 a.2(b) of the act by filing an improper practice charge pursuant to section 204.1 of this

Chapter. Section 204.1(b)(4) of this Chapter shall not apply. The matter shall be accorded

expedited treatment. If filed by the respondent, such a charge may not be filed after the date of

the filing of the response filed in accordance with section 205.16 of this Part; if filed by the

petitioner, such a charge may not be filed after the date of the filing of the cross-response filed in

accordance with section 205.5(c) of this Part. A charge shall state the date when the petition or

response was received.

response may be objected to by either party as not being within the scope of mandatory

negotiations by filing a declaratory ruling petition pursuant to Part 210 of this Chapter. If filed by

the respondent, such a petition may not be filed after the date of the filing of the response filed in

accordance with section 205.16 of this Part; if filed by the petitioner, such a petition may not be

filed after the date of the filing of the cross-response filed in accordance with section 205.5(c) of

this Part.

the subject of an improper practice charge or a declaratory ruling petition, until final

determination thereof by the board or withdrawal of such charge or petition. The panel may

make an award on other issues.

Selection of interest arbitration panel

to the arbitration panel and the two parties shall jointly appoint the public member. The parties

shall immediately notify the board of the identity of the three members of the panel selected by

the parties. If a joint petition was filed pursuant to section 205.11 of this Part, the director of

conciliation shall forthwith designate such arbitration panel and shall refer the dispute to such

panel. If a petition was filed pursuant to section 205.14 of this Part, the director of conciliation

shall forthwith designate such arbitration panel and shall refer the dispute to such panel upon the

board’s certification that a voluntary resolution of the contract negotiations between the parties

cannot be effected.

request the director of conciliation to submit a list of qualified persons for selection of the public

member. Within seven days after receipt of such request, the director of conciliation shall submit

to each party an identical list of nine arbitrators from its panel of arbitrators. A resume and

billing disclosure statement of each arbitrator on such list shall be enclosed for the parties’

review.

of conciliation of the identity of a qualified public member they have mutually agreed upon, or,

if unable to agree, shall be required to meet and make their selection in the following manner:

Each party shall alternately strike from the list one of the names with the order of striking

determined by lot until one person remains, who shall be designated as the public member. If

either party so desires, a representative of the board will be present during the name striking

process. The name striking process must be completed within five days of receipt of the list from

the director of conciliation. The parties shall immediately notify the director of conciliation of

the identity of the person selected as the public member. Upon the failure of one party to

participate in the selection process, all names on the list shall be deemed acceptable to it and the

other party will be entitled to have its selection designated as the public member.

notification of the identity of the public member of the panel, the director of conciliation shall

forthwith designate such public member, along with the individuals named by the parties in

section 205.11(b)(5) of this Part, as the public arbitration panel and shall refer the dispute to such

panel. If a petition was filed pursuant to section 205.14 of this Part, upon notification of the

identity of the public member of the panel, the director of conciliation shall forthwith designate

such public member, along with the individuals named by the parties in sections 205.14(b)(5)

and 205.16(b) of this Part, as the public arbitration panel and shall refer the dispute to such panel

upon the board’s certification that a voluntary resolution of the contract negotiations between the

parties cannot be effected.

Conduct of the arbitration proceeding

The conduct of the arbitration proceedings shall be under the exclusive jurisdiction and control

of the arbitration panel. The conduct of the arbitration panel shall conform to applicable law.

Determination and award

The determination and award of the arbitration panel shall be in writing, signed and

acknowledged by each member of the arbitration panel and shall be delivered to the parties either

personally or by registered or certified mail, return receipt requested. Within five working days

of rendering the determination and award, the arbitration panel shall file one copy of the

determination and award with the director of conciliation.