FROM THE OFFICE OF LEGISLATIVE RESEARCH
April 19, 2004, 2004-R-0110
QUESTIONS FOR TNA
ARBITRATION PANEL NOMINEES
By: Judith Lohman, Chief Analyst
GENERAL
QUESTIONS
1. (NEW) Municipal officials, news media, and members of the public
are often highly critical of the teacher binding arbitration law and of
arbitrators’ decisions on particular contracts. How do such criticisms affect
your decisions as an arbitrator?
2. (NEW) 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? How important is a “priority”
factor? Can other factors overcome it?
3. (NEW) Does the fact that voters in a
particular district or in several districts in the state have repeatedly
rejected local education budgets weigh in your consideration of a district’s
financial capability?
4. (NEW) A common criticism of the binding arbitration law is that
it requires arbitrators to choose between the parties’ last best offers rather
than allowing them to “split the difference. ” What is
your opinion of the last-best-offer system? What do you think the effect of
eliminating it would be?
5. (NEW) Unlike the Municipal Employee Relations Act, the TNA
deadlines are tied to the local budget submission date and cannot be waived by
mutual agreement of the parties. Do you think the TNA’s
relatively short negotiation timetable gives the parties enough time to reach
an agreement without arbitration?
6. (NEW) When the state took control of
the Hartford school system and set up financial
oversight boards for West Haven and Waterbury, the
legislature established special arbitration procedures for teacher contracts in
those cities, overriding the TNA. Do you consider these special legislative
acts to be a criticism of TNA arbitration decisions in general?
7. (NEW) When a town rejects an initial
arbitration award, the TNA requires the issues to go to a review panel. How
effective is the review system? Does a town’s rejection typically change the
outcome? Does it have any effect?
8. (NEW) Many municipal officials think that, when a town rejects
an award, the parties should resume negotiations, as is the case under the
state employee collective bargaining law. What do you think of this proposal?
Does it have advantages or disadvantages compared to the current system?
QUESTIONS FOR
ARBITRATORS REPRESENTING THE PUBLIC
1. (NEW) How can the public be assured
that you are truly neutral?
2. (NEW) Do you base your decision only on
the evidence and arguments the parties present in the arbitration hearings?
3. (NEW) The TNA allows the parties to
mutually agree to use a single neutral arbitrator rather than a three-member
panel. How does a proceeding with a single arbitrator differ from one with a
panel? In what kinds of situations might the parties prefer a single arbitrator
to a panel?
QUESTIONS FOR
ARBITRATORS REPRESENTING PARTIES
1. You will be representing the interests of unions or school
districts in arbitration decision discussions. How do you seek to influence the
outcome?
2. (NEW) 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?