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Binding Arbitration
Office of Legislative Research

 

 

Office of Legislative Research

 

March 20, 2007, 2007-R-0275

 

QUESTIONS FOR EDUCATION

ARBITRATION BOARD NOMINEES

 

By: Judith Lohman, Chief Analyst

EDUCATION ARBITRATION PANEL (CGS § 10-153F)

• The panel consists of 24 to 29 members who serve two-year terms. Seven must represent local and regional boards of education. Seven must represent bargaining representatives of certified employees. Seven must represent the interests of local and regional boards of education. From 10 to 15 must be impartial representatives of the public experienced in public sector collective bargaining interest impasse resolution.

• The governor appoints. Both houses confirm.

• If a contract dispute is not settled following mediation, the matter is referred to arbitration. The parties can either agree on a single impartial representative chosen from the panel or each can select an arbitrator to represent their interests. In the latter case, the commissioner of education selects a third arbitrator if the parties cannot agree on the third.

• Arbitrators must give priority to the public interest and the financial capability of the town or towns in the school district in arriving at their decision. Arbitrators must also consider: (1) the negotiations between the parties prior to arbitration; (2) the interests and welfare of the employee group; (3) changes in the cost of living averaged over the preceding three years; (4) the existing conditions of employment of the employee group and those of similar groups; and (5) the salaries, fringe benefits, and other conditions of employment prevailing in the state labor market. Arbitrators must resolve each individual disputed issue separately by accepting the last best offer thereon of either of the parties, and must incorporate each such accepted individual last best offer and an explanation of how the total cost of all offers accepted was considered in a decision.

GENERAL QUESTIONS FOR ALL NOMINEES

1. The Teacher Negotiation Act (TNA) requires arbitrators to give priority to the public interest and the school district's financial capability in deciding issues. Do these two factors ever conflict? How do you give priority to both?

2. What are the interests of the public in an arbitration proceeding?

3. Does the fact that voters in certain districts have repeatedly rejected local education budgets weigh in your consideration of a district's financial capability?

4. What is your opinion of the “last-best-offer” system?

5. What is your opinion of the governor's recent proposal to require arbitrators to disregard proposed increases in ECS funding when considering a school district's financial capability?

QUESTIONS FOR ARBITRATORS REPRESENTING PARTIES

1. You will be representing the interests of parties in arbitration decisions. How do you seek to influence the outcome?

2. Do you ever vote against the offer of the party whose interests you represent? In what type of situation would such a vote be justified?

JL: ts