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General Assembly Raised Bill No. 319
February Session, 2022
LCO No. 1997
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING DEADLINES FOR ARBITRATION AWARDS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (d) to (f), inclusive, of section 7-473c of the 1
general statutes are repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2022): 3
(d) (1) The hearing may, at the discretion of the panel, be continued 4
and shall be concluded within twenty days after its commencement. Not 5
less than two days prior to the commencement of the hearing, each party 6
shall file with the chairperson of the panel, and deliver to the other 7
party, a proposed collective bargaining agreement, in numbered 8
paragraphs, which such party is willing to execute and cost data for all 9
provisions of such proposed agreement. At the commencement of the 10
hearing each party shall file with the panel a reply setting forth (A) those 11
paragraphs of the proposed agreement of the other party which it is 12
willing to accept, and (B) those paragraphs of the proposed agreement 13
of the other party which it is unwilling to accept, together with any 14
alternative contract language which such party would accept in lieu of 15
those paragraphs of the proposed agreement of the other party which it 16 Raised Bill No. 319
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is unwilling to accept. At any time prior to the issuance of a decision by 17
the panel, the parties may jointly file with the panel stipulations setting 18
forth the agreement provisions which both parties have agreed to 19
accept. 20
(2) Within five days after the conclusion of the taking of testimony, 21
the panel shall forward to each party an arbitration statement, approved 22
by a majority vote of the panel, setting forth all agreement provisions 23
agreed upon by both parties in the proposed agreements and the replies, 24
and in the stipulations, and stating, in numbered paragraphs, those 25
issues which are unresolved. 26
(3) Within ten days after the conclusion of the taking of testimony, 27
the parties shall file with the secretary of the State Board of Mediation 28
and Arbitration five copies of their statements of last best offer setting 29
forth, in numbered paragraphs corresponding to the statement of 30
unresolved issues contained in the arbitration statement, the final 31
agreement provisions proposed by such party. Immediately upon 32
receipt of both statement of last best offer or upon the expiration of the 33
time for filing such statements of last best offer, whichever is sooner, 34
said secretary shall distribute a copy of each such statement of last best 35
offer to the opposing party. 36
(4) Within seven days after the distribution of the statements of last 37
best offer or within seven days of the expiration of the time for filing the 38
statements of last best offer, whichever is sooner, the parties may file 39
with the secretary of the State Board of Mediation and Arbitration five 40
copies of their briefs on the unresolved issues. Immediately upon receipt 41
of both briefs or upon the expiration of the time for filing such briefs, 42
whichever is sooner, said secretary shall distribute a copy of each such 43
brief to the opposing party. 44
(5) Within five days after the distribution of the briefs on the 45
unresolved issues or within five days after the last day for filing such 46
briefs, whichever is sooner, each party may file with said secretary five 47
copies of a reply brief, responding to the briefs on the unresolved issues. 48 Raised Bill No. 319
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Immediately upon receipt of the reply briefs or upon the expiration of 49
the time for filing such reply briefs, whichever is sooner, said secretary 50
shall simultaneously distribute a copy of each such reply brief to the 51
opposing party. 52
(6) Within twenty days after the last day for filing such reply briefs, 53
the panel shall issue, upon majority vote, and file with the State Board 54
of Mediation and Arbitration its decision on all unresolved issues set 55
forth in the arbitration statement, and said secretary shall immediately 56
and simultaneously distribute a copy thereof to each party. The panel 57
shall treat each unresolved issue set forth in the arbitration statement as 58
a separate question to be decided by it. In deciding each such question, 59
the panel agreement shall accept the final provision relating to such 60
unresolved issue as contained in the statement of last best offer of one 61
party or the other. As part of the arbitration decision, each member shall 62
state the specific reasons and standards used in making a choice on each 63
unresolved issue. 64
(7) The parties may jointly file with the panel stipulations modifying, 65
deferring or waiving any or all provisions of this subsection, provided 66
the parties shall not file more than one stipulation to modify any 67
deadline in this subsection and no such stipulation shall modify any 68
deadline by more than ninety days. 69
(8) If the day for filing any document required or permitted to be filed 70
under this subsection falls on a day which is not a business day of the 71
State Board of Mediation and Arbitration then the time for such filing 72
shall be extended to the next business day of such board. 73
(9) In arriving at a decision, the arbitration panel shall give priority 74
to the public interest and the financial capability of the municipal 75
employer, including consideration of other demands on the financial 76
capability of the municipal employer. There shall be an irrebuttable 77
presumption that fifteen per cent of the municipal employer's budget 78
reserve is not available for payment of the cost of any item subject to 79
arbitration under this chapter. The panel shall further consider the 80 Raised Bill No. 319
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following factors in light of such financial capability: (A) The 81
negotiations between the parties prior to arbitration; (B) the interests 82
and welfare of the employee group; (C) changes in the cost of living; (D) 83
the existing conditions of employment of the employee group and those 84
of similar groups; and (E) the wages, salaries, fringe benefits, and other 85
conditions of employment prevailing in the labor market, including 86
developments in private sector wages and benefits. 87
(10) The decision of the panel and the resolved issues shall be final 88
and binding upon the municipal employer and the municipal employee 89
organization except as provided in subdivision (12) of this subsection 90
and, if such award is not rejected by the legislative body pursuant to 91
said subdivision, except that a motion to vacate or modify such decision 92
may be made in accordance with sections 52-418 and 52-419. 93
(11) In regard to all proceedings undertaken pursuant to this 94
subsection the secretary of the State Board of Mediation and Arbitration 95
shall serve as staff to the arbitration panel. 96
(12) Within twenty-five days of the receipt of an arbitration award 97
issued pursuant to this section, the legislative body of the municipal 98
employer may reject the award of the arbitrators or single arbitrator by 99
a two-thirds majority vote of the members of such legislative body 100
present at a regular or special meeting called and convened for such 101
purpose. If the twenty-fifth day specified in this subdivision falls on a 102
weekend or a holiday, such deadline shall be extended through the next 103
business day following the twenty-fifth day. 104
(13) Within ten days after such rejection, the legislative body or its 105
authorized representative shall be required to state, in writing, the 106
reasons for such vote and shall submit such written statement to the 107
State Board of Mediation and Arbitration and the municipal employee 108
organization. Within ten days after receipt of such notice, the municipal 109
employee organization shall prepare a written response to such 110
rejection and shall submit it to the legislative body and the State Board 111
of Mediation and Arbitration. 112 Raised Bill No. 319
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(14) Within ten days after receipt of such rejection notice, the State 113
Board of Mediation and Arbitration shall select a review panel of three 114
arbitrators or, if the parties agree, a single arbitrator who are residents 115
of Connecticut and labor relations arbitrators approved by the 116
American Arbitration Association and not members of the panel who 117
issued the rejected award. Such arbitrators or single arbitrator shall 118
review the decision on each such rejected issue. The review conducted 119
pursuant to this subdivision shall be limited to the record and briefs of 120
the hearing pursuant to subsection (c) of this section, the written 121
explanation of the reasons for the vote and a written response by either 122
party. In conducting such review, the arbitrators or single arbitrator 123
shall be limited to consideration of the criteria set forth in subdivision 124
(9) of this subsection. Such review shall be completed within twenty 125
days of the appointment of the arbitrators or single arbitrator. The 126
arbitrators or single arbitrator shall accept the last best offer of either of 127
the parties. 128
(15) Within five days after the completion of such review the 129
arbitrators or single arbitrator shall render a decision with respect to 130
each rejected issue which shall be final and binding upon the municipal 131
employer and the employee organization except that a motion to vacate 132
or modify such award may be made in accordance with sections 52-418 133
and 52-419. The decision of the arbitrators or single arbitrator shall be in 134
writing and shall include specific reasons and standards used by each 135
arbitrator in making a decision on each issue. The decision shall be filed 136
with the parties. The reasonable costs of the arbitrators or single 137
arbitrator and the cost of the transcript shall be paid by the legislative 138
body. Where the legislative body of a municipal employer is the town 139
meeting, the board of selectmen shall perform all of the duties and shall 140
have all of the authority and responsibilities required of and granted to 141
the legislative body under this subsection. 142
(e) The cost of the arbitration panel shall be distributed among the 143
parties in the following manner: (1) The municipal employer shall pay 144
the costs of the arbitrator appointed by it, (2) the municipal employee 145
organization shall pay the costs of the arbitrator appointed by it, (3) the 146 Raised Bill No. 319
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municipal employer and the municipal employee organization shall 147
equally divide and pay the cost of the chairperson, and (4) the costs of 148
any arbitrator appointed by the State Board of Mediation and 149
Arbitration shall be paid by the party in whose absence the board 150
appointed. 151
(f) A municipal employer and a municipal employee organization 152
may, at any time, file with the State Board of Mediation and Arbitration 153
a joint stipulation modifying, deferring or waiving any or all of the 154
provisions of this section, or modifying, deferring or waiving any or all 155
of the provisions of a previously filed stipulation, and any such 156
stipulation shall be controlling over the provisions of this section or of 157
any previously filed stipulation, provided no such joint stipulation shall: 158
(1) Modify, defer or waive any provision of subdivision (7) of subsection 159
(d) of this section, or (2) cause the decision rendered pursuant to 160
subdivision (15) of subsection (d) of this section to be filed with the 161
parties more than one hundred eighty days from the date (A) either 162
party requested the arbitration services of the State Board of Mediation 163
and Arbitration, or (B) binding and final arbitration was imposed on 164
them by said board pursuant to subsection (b) of this section. 165
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 7-473c(d) to (f)
Statement of Purpose:
To require municipal arbitration cases to conclude within a six-month
time frame from the commencement of the proceedings.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]