Connecticut 2022 Regular Session

Connecticut Senate Bill SB00319 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 1997 1 of 6
5	5
6	6	General Assembly Raised Bill No. 319
7	7	February Session, 2022
8	8	LCO No. 1997
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10	10
11	11	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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13	13
14	14	Introduced by:
15	15	(LAB)
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20	20	AN ACT CONCERNING DEADLINES FOR ARBITRATION AWARDS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsections (d) to (f), inclusive, of section 7-473c of the 1
25	25	general statutes are repealed and the following is substituted in lieu 2
26	26	thereof (Effective October 1, 2022): 3
27	27	(d) (1) The hearing may, at the discretion of the panel, be continued 4
28	28	and shall be concluded within twenty days after its commencement. Not 5
29	29	less than two days prior to the commencement of the hearing, each party 6
30	30	shall file with the chairperson of the panel, and deliver to the other 7
31	31	party, a proposed collective bargaining agreement, in numbered 8
32	32	paragraphs, which such party is willing to execute and cost data for all 9
33	33	provisions of such proposed agreement. At the commencement of the 10
34	34	hearing each party shall file with the panel a reply setting forth (A) those 11
35	35	paragraphs of the proposed agreement of the other party which it is 12
36	36	willing to accept, and (B) those paragraphs of the proposed agreement 13
37	37	of the other party which it is unwilling to accept, together with any 14
38	38	alternative contract language which such party would accept in lieu of 15
39	39	those paragraphs of the proposed agreement of the other party which it 16 Raised Bill No. 319
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43	43	LCO No. 1997 2 of 6
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45	45	is unwilling to accept. At any time prior to the issuance of a decision by 17
46	46	the panel, the parties may jointly file with the panel stipulations setting 18
47	47	forth the agreement provisions which both parties have agreed to 19
48	48	accept. 20
49	49	(2) Within five days after the conclusion of the taking of testimony, 21
50	50	the panel shall forward to each party an arbitration statement, approved 22
51	51	by a majority vote of the panel, setting forth all agreement provisions 23
52	52	agreed upon by both parties in the proposed agreements and the replies, 24
53	53	and in the stipulations, and stating, in numbered paragraphs, those 25
54	54	issues which are unresolved. 26
55	55	(3) Within ten days after the conclusion of the taking of testimony, 27
56	56	the parties shall file with the secretary of the State Board of Mediation 28
57	57	and Arbitration five copies of their statements of last best offer setting 29
58	58	forth, in numbered paragraphs corresponding to the statement of 30
59	59	unresolved issues contained in the arbitration statement, the final 31
60	60	agreement provisions proposed by such party. Immediately upon 32
61	61	receipt of both statement of last best offer or upon the expiration of the 33
62	62	time for filing such statements of last best offer, whichever is sooner, 34
63	63	said secretary shall distribute a copy of each such statement of last best 35
64	64	offer to the opposing party. 36
65	65	(4) Within seven days after the distribution of the statements of last 37
66	66	best offer or within seven days of the expiration of the time for filing the 38
67	67	statements of last best offer, whichever is sooner, the parties may file 39
68	68	with the secretary of the State Board of Mediation and Arbitration five 40
69	69	copies of their briefs on the unresolved issues. Immediately upon receipt 41
70	70	of both briefs or upon the expiration of the time for filing such briefs, 42
71	71	whichever is sooner, said secretary shall distribute a copy of each such 43
72	72	brief to the opposing party. 44
73	73	(5) Within five days after the distribution of the briefs on the 45
74	74	unresolved issues or within five days after the last day for filing such 46
75	75	briefs, whichever is sooner, each party may file with said secretary five 47
76	76	copies of a reply brief, responding to the briefs on the unresolved issues. 48 Raised Bill No. 319
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80	80	LCO No. 1997 3 of 6
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82	82	Immediately upon receipt of the reply briefs or upon the expiration of 49
83	83	the time for filing such reply briefs, whichever is sooner, said secretary 50
84	84	shall simultaneously distribute a copy of each such reply brief to the 51
85	85	opposing party. 52
86	86	(6) Within twenty days after the last day for filing such reply briefs, 53
87	87	the panel shall issue, upon majority vote, and file with the State Board 54
88	88	of Mediation and Arbitration its decision on all unresolved issues set 55
89	89	forth in the arbitration statement, and said secretary shall immediately 56
90	90	and simultaneously distribute a copy thereof to each party. The panel 57
91	91	shall treat each unresolved issue set forth in the arbitration statement as 58
92	92	a separate question to be decided by it. In deciding each such question, 59
93	93	the panel agreement shall accept the final provision relating to such 60
94	94	unresolved issue as contained in the statement of last best offer of one 61
95	95	party or the other. As part of the arbitration decision, each member shall 62
96	96	state the specific reasons and standards used in making a choice on each 63
97	97	unresolved issue. 64
98	98	(7) The parties may jointly file with the panel stipulations modifying, 65
99	99	deferring or waiving any or all provisions of this subsection, provided 66
100	100	the parties shall not file more than one stipulation to modify any 67
101	101	deadline in this subsection and no such stipulation shall modify any 68
102	102	deadline by more than ninety days. 69
103	103	(8) If the day for filing any document required or permitted to be filed 70
104	104	under this subsection falls on a day which is not a business day of the 71
105	105	State Board of Mediation and Arbitration then the time for such filing 72
106	106	shall be extended to the next business day of such board. 73
107	107	(9) In arriving at a decision, the arbitration panel shall give priority 74
108	108	to the public interest and the financial capability of the municipal 75
109	109	employer, including consideration of other demands on the financial 76
110	110	capability of the municipal employer. There shall be an irrebuttable 77
111	111	presumption that fifteen per cent of the municipal employer's budget 78
112	112	reserve is not available for payment of the cost of any item subject to 79
113	113	arbitration under this chapter. The panel shall further consider the 80 Raised Bill No. 319
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117	117	LCO No. 1997 4 of 6
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119	119	following factors in light of such financial capability: (A) The 81
120	120	negotiations between the parties prior to arbitration; (B) the interests 82
121	121	and welfare of the employee group; (C) changes in the cost of living; (D) 83
122	122	the existing conditions of employment of the employee group and those 84
123	123	of similar groups; and (E) the wages, salaries, fringe benefits, and other 85
124	124	conditions of employment prevailing in the labor market, including 86
125	125	developments in private sector wages and benefits. 87
126	126	(10) The decision of the panel and the resolved issues shall be final 88
127	127	and binding upon the municipal employer and the municipal employee 89
128	128	organization except as provided in subdivision (12) of this subsection 90
129	129	and, if such award is not rejected by the legislative body pursuant to 91
130	130	said subdivision, except that a motion to vacate or modify such decision 92
131	131	may be made in accordance with sections 52-418 and 52-419. 93
132	132	(11) In regard to all proceedings undertaken pursuant to this 94
133	133	subsection the secretary of the State Board of Mediation and Arbitration 95
134	134	shall serve as staff to the arbitration panel. 96
135	135	(12) Within twenty-five days of the receipt of an arbitration award 97
136	136	issued pursuant to this section, the legislative body of the municipal 98
137	137	employer may reject the award of the arbitrators or single arbitrator by 99
138	138	a two-thirds majority vote of the members of such legislative body 100
139	139	present at a regular or special meeting called and convened for such 101
140	140	purpose. If the twenty-fifth day specified in this subdivision falls on a 102
141	141	weekend or a holiday, such deadline shall be extended through the next 103
142	142	business day following the twenty-fifth day. 104
143	143	(13) Within ten days after such rejection, the legislative body or its 105
144	144	authorized representative shall be required to state, in writing, the 106
145	145	reasons for such vote and shall submit such written statement to the 107
146	146	State Board of Mediation and Arbitration and the municipal employee 108
147	147	organization. Within ten days after receipt of such notice, the municipal 109
148	148	employee organization shall prepare a written response to such 110
149	149	rejection and shall submit it to the legislative body and the State Board 111
150	150	of Mediation and Arbitration. 112 Raised Bill No. 319
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154	154	LCO No. 1997 5 of 6
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156	156	(14) Within ten days after receipt of such rejection notice, the State 113
157	157	Board of Mediation and Arbitration shall select a review panel of three 114
158	158	arbitrators or, if the parties agree, a single arbitrator who are residents 115
159	159	of Connecticut and labor relations arbitrators approved by the 116
160	160	American Arbitration Association and not members of the panel who 117
161	161	issued the rejected award. Such arbitrators or single arbitrator shall 118
162	162	review the decision on each such rejected issue. The review conducted 119
163	163	pursuant to this subdivision shall be limited to the record and briefs of 120
164	164	the hearing pursuant to subsection (c) of this section, the written 121
165	165	explanation of the reasons for the vote and a written response by either 122
166	166	party. In conducting such review, the arbitrators or single arbitrator 123
167	167	shall be limited to consideration of the criteria set forth in subdivision 124
168	168	(9) of this subsection. Such review shall be completed within twenty 125
169	169	days of the appointment of the arbitrators or single arbitrator. The 126
170	170	arbitrators or single arbitrator shall accept the last best offer of either of 127
171	171	the parties. 128
172	172	(15) Within five days after the completion of such review the 129
173	173	arbitrators or single arbitrator shall render a decision with respect to 130
174	174	each rejected issue which shall be final and binding upon the municipal 131
175	175	employer and the employee organization except that a motion to vacate 132
176	176	or modify such award may be made in accordance with sections 52-418 133
177	177	and 52-419. The decision of the arbitrators or single arbitrator shall be in 134
178	178	writing and shall include specific reasons and standards used by each 135
179	179	arbitrator in making a decision on each issue. The decision shall be filed 136
180	180	with the parties. The reasonable costs of the arbitrators or single 137
181	181	arbitrator and the cost of the transcript shall be paid by the legislative 138
182	182	body. Where the legislative body of a municipal employer is the town 139
183	183	meeting, the board of selectmen shall perform all of the duties and shall 140
184	184	have all of the authority and responsibilities required of and granted to 141
185	185	the legislative body under this subsection. 142
186	186	(e) The cost of the arbitration panel shall be distributed among the 143
187	187	parties in the following manner: (1) The municipal employer shall pay 144
188	188	the costs of the arbitrator appointed by it, (2) the municipal employee 145
189	189	organization shall pay the costs of the arbitrator appointed by it, (3) the 146 Raised Bill No. 319
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193	193	LCO No. 1997 6 of 6
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195	195	municipal employer and the municipal employee organization shall 147
196	196	equally divide and pay the cost of the chairperson, and (4) the costs of 148
197	197	any arbitrator appointed by the State Board of Mediation and 149
198	198	Arbitration shall be paid by the party in whose absence the board 150
199	199	appointed. 151
200	200	(f) A municipal employer and a municipal employee organization 152
201	201	may, at any time, file with the State Board of Mediation and Arbitration 153
202	202	a joint stipulation modifying, deferring or waiving any or all of the 154
203	203	provisions of this section, or modifying, deferring or waiving any or all 155
204	204	of the provisions of a previously filed stipulation, and any such 156
205	205	stipulation shall be controlling over the provisions of this section or of 157
206	206	any previously filed stipulation, provided no such joint stipulation shall: 158
207	207	(1) Modify, defer or waive any provision of subdivision (7) of subsection 159
208	208	(d) of this section, or (2) cause the decision rendered pursuant to 160
209	209	subdivision (15) of subsection (d) of this section to be filed with the 161
210	210	parties more than one hundred eighty days from the date (A) either 162
211	211	party requested the arbitration services of the State Board of Mediation 163
212	212	and Arbitration, or (B) binding and final arbitration was imposed on 164
213	213	them by said board pursuant to subsection (b) of this section. 165
214	214	This act shall take effect as follows and shall amend the following
215	215	sections:
216	216
217	217	Section 1 October 1, 2022 7-473c(d) to (f)
218	218
219	219	Statement of Purpose:
220	220	To require municipal arbitration cases to conclude within a six-month
221	221	time frame from the commencement of the proceedings.
222	222	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
223	223	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
224	224	underlined.]
225	225