Topic:
APPOINTMENT TO OFFICE; ARBITRATION; EDUCATION (GENERAL); EXECUTIVE AND LEGISLATIVE NOMS. COMMITTEE; LEGISLATIVE COMMITTEES; STATE BOARDS AND COMMISSIONS;
Location:
EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE;

OLR Research Report


March 16, 2005

  

2005-R-0327

QUESTIONS FOR EDUCATION ARBITRATION PANEL PUBLIC MEMBER NOMINEES

By: Soncia Coleman, Research 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.

QUESTIONS

1. You will be a representative of the “public interest” on the arbitration panel. What are the interests of the public in an arbitration proceeding? Do you see your role as being an objective decision-maker or as being an advocate for the public interest? Do these roles differ?

2. How can the public be assured that you are truly neutral?

3. Do you base your decision only on the evidence and arguments that the parties present in the arbitration hearings?

4. 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?

5. In a final offer arbitration you can be faced with two poor last offers. How do you pick one? Do you look at the contract as a whole when choosing between offers on one issue?

6. Over the years arbitrators’ decisions have been subject to a great deal of criticism by the public and public officials. How might this affect you as an arbitrator?

SC: ts