as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to labor relations; providing arbitration 1.3 procedures for firefighters; amending Minnesota 1.4 Statutes 1998, section 179A.16, subdivision 7. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1998, section 179A.16, 1.7 subdivision 7, is amended to read: 1.8 Subd. 7. [DECISION BY THE ARBITRATOR OR PANEL.] The 1.9 decision must be issued by the arbitrator or a majority vote of 1.10 the panel. The decision must resolve the issues in dispute 1.11 between the parties as submitted by the commissioner. For 1.12 principals and assistant principals, the arbitrator or panel is 1.13 restricted to selecting between the final offers of the parties 1.14 on each impasse item. For firefighters, the arbitrator or panel 1.15 shall be restricted to selecting between the final offer total 1.16 package of the parties as submitted to the commissioner at 1.17 impasse, unless conventional arbitration is agreed to by both 1.18 parties in writing. For other employees, if the parties agree 1.19 in writing, the arbitrator or panel is restricted to selecting 1.20 between the final offers of the parties on each impasse item, or 1.21 the final offer of one or the other parties in its entirety. In 1.22 considering a dispute and issuing its decision, the arbitrator 1.23 or panel shall consider the statutory rights and obligations of 1.24 public employers to efficiently manage and conduct their 1.25 operations within the legal limitations surrounding the 2.1 financing of these operations. The decision is final and 2.2 binding on all parties. 2.3 The arbitrator or panel shall render its decision within 30 2.4 days from the date that all arbitration proceedings have 2.5 concluded. The arbitrator or panel may not request that the 2.6 parties waive their right to have the decision rendered within 2.7 30 days, unless the commissioner grants an extension of the 2.8 deadline. The commissioner shall remove from the roster for six 2.9 months the name of any arbitrator who does not render the 2.10 decision within 30 days or within the extension granted by the 2.11 commissioner. The commissioner shall adopt rules establishing 2.12 criteria to be followed in determining whether an extension 2.13 should be granted. The decision must be for the period stated 2.14 in the decision, except that decisions determining contracts for 2.15 teacher units are effective to the end of the contract period 2.16 determined by section 179A.20. 2.17 The arbitrator or panel shall send its decision to the 2.18 commissioner, the appropriate representative of the public 2.19 employer, and the employees. If any issues submitted to 2.20 arbitration are settled voluntarily before the arbitrator or 2.21 panel issues a decision, the arbitrator or panel shall report 2.22 the settlement to the commissioner. 2.23 The parties may, at any time before or after issuance of a 2.24 decision of the arbitrator or panel, agree upon terms and 2.25 conditions of employment regardless of the terms and conditions 2.26 of employment determined by the decision. The parties shall, if 2.27 so agreeing, execute a written contract or memorandum of 2.28 contract.