Substitute Senate Bill No. 1107
         Substitute Senate Bill No. 1107

              PUBLIC ACT NO. 97-177


AN   ACT   CONCERNING   BINDING   ARBITRATION  FOR
TEACHERS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Subdivision (1) of subsection (c)
of section 10-153f  of  the  general  statutes  is
repealed  and the following is substituted in lieu
thereof:
    (c)  (1)  On the fourth day next following the
end of the mediation session or on the one hundred
thirty-fifth  day  prior  to the budget submission
date, whichever is sooner, the commissioner  shall
order  the  parties  to report their settlement of
the dispute or, if  there  is  no  settlement,  to
notify  the commissioner of either their agreement
to submit their dispute to a single arbitrator  or
the  name  of  the  arbitrator selected by each of
them. SUCH NOTIFICATION SHALL INCLUDE THE NAME  OF
THE  ARBITRATOR  IF  THERE  IS  AN  AGREEMENT ON A
SINGLE ARBITRATOR APPOINTED TO THE PANEL  PURSUANT
TO  SUBDIVISION  (3)  OF  SUBSECTION  (a)  OF THIS
SECTION  OR  AGREEMENT  ON  THE  THIRD  ARBITRATOR
APPOINTED   TO   THE   PANEL   PURSUANT   TO  SAID
SUBDIVISION.  The  commissioner  may   order   the
parties  to appear before said commissioner during
the  arbitration  period.  If  the  parties   have
notified  the  commissioner  of their agreement to
submit their dispute to a  single  arbitrator  AND
THEY  HAVE  NOT  AGREED ON SUCH ARBITRATOR, within
five   days   after   such    notification,    the
commissioner  shall  select such single arbitrator
who shall be an impartial  representative  of  the
interests  of the public in general. If each party
has notified the commissioner of the name  of  the
arbitrator  it  has  selected AND THE PARTIES HAVE
NOT AGREED ON THE THIRD  ARBITRATOR,  within  five
days  after  such  notification,  the commissioner
shall select a third arbitrator, who shall  be  an
impartial  representative  of the interests of the
public in general. If either party fails to notify
the commissioner of the name of an arbitrator, the
commissioner shall select an arbitrator  to  serve
and  the  commissioner  shall  also select a third
arbitrator   who    shall    be    an    impartial
representative  of  the interests of the public in
general. Any selection pursuant to this section by
the  commissioner of an impartial arbitrator shall
be made at random from among the members appointed
under  subdivision  (3)  of subsection (a) of this
section. Arbitrators shall be  selected  from  the
panel appointed pursuant to subsection (a) of this
section  and  shall  receive  a   per   diem   fee
determined on the basis of the prevailing rate for
such  services.  Whenever   a   panel   of   three
arbitrators  is  selected, the chairperson of such
panel shall be the impartial representative of the
interests of the public in general.
    Sec.  2.  Subdivision (4) of subsection (c) of
section  10-153f  of  the  general   statutes   is
repealed  and the following is substituted in lieu
thereof:
    (4)   After   hearing   all  the  issues,  the
arbitrators or the single arbitrator shall, within
twenty  days, render a decision in writing, signed
by a majority of the  arbitrators  or  the  single
arbitrator,  which  states in detail the nature of
the decision and the disposition of the issues  by
the  arbitrators  or  the  single  arbitrator. The
written  decision  shall   include   a   narrative
explaining  the  evaluation  by the arbitrators or
the single arbitrator of  the  evidence  presented
for  each  item upon which a decision was rendered
by the arbitrators or the  single  arbitrator  and
shall  state  with particularity the basis for the
decision as to each disputed issue and the  manner
in   which   the   factors   enumerated   in  this
subdivision were considered in  arriving  at  such
decision,   including,   where   applicable,   the
specific  similar   groups   and   conditions   of
employment  presented  for comparison and accepted
by the arbitrators or the  single  arbitrator  and
the reason for such acceptance. The arbitrators or
the single arbitrator shall file one copy  of  the
decision with the commissioner, each town clerk in
the school district  involved  and  the  board  of
education  and  organization  which are parties to
the dispute. The decision of  the  arbitrators  or
the  single  arbitrator shall be final and binding
upon the parties to the dispute unless a rejection
is  filed  in  accordance  with subdivision (7) of
this subsection. The decision of  the  arbitrators
or  the  single arbitrator shall incorporate those
items of agreement the parties have reached  prior
to its issuance. At any time prior to the issuance
of a decision by the  arbitrators  or  the  single
arbitrator,  the parties may jointly file with the
arbitrators  or   the   single   arbitrator,   any
stipulations  setting  forth  contract  provisions
which both parties agree to accept. In arriving at
a   decision,   the   arbitrators  or  the  single
arbitrator  shall  give  priority  to  the  public
interest  and the financial capability of the town
or  towns  in  the  school   district,   including
consideration  of  other  demands on the financial
capability of the town  or  towns  in  the  school
district. IN ASSESSING THE FINANCIAL CAPABILITY OF
THE TOWN OR TOWNS, THERE SHALL BE AN  IRREBUTTABLE
PRESUMPTION THAT A BUDGET RESERVE OF FIVE PER CENT
OR LESS IS NOT AVAILABLE FOR PAYMENT OF  THE  COST
OF  ANY  ITEM  SUBJECT  TO  ARBITRATION UNDER THIS
CHAPTER. The arbitrators or the single  arbitrator
shall further consider, in light of such financial
capability,  the  following   factors:   (A)   The
negotiations   between   the   parties   prior  to
arbitration, including the offers and the range of
discussion  of  the  issues; (B) the interests and
welfare of the employee group; (C) changes in  the
cost  of  living averaged over the preceding three
years; (D) the existing conditions  of  employment
of the employee group and those of similar groups;
and (E) the salaries, fringe benefits,  and  other
conditions  of  employment prevailing in the state
labor  market,  including  the  terms  of   recent
contract   settlements  or  awards  in  collective
bargaining   for    other    municipal    employee
organizations  and  developments in private sector
wages and benefits. The parties  shall  submit  to
the  arbitrators  or  the  single arbitrator their
respective positions on each individual  issue  in
dispute  between  them  in the form of a last best
offer. The arbitrators or  the  single  arbitrator
shall  resolve separately each individual disputed
issue by accepting the last best offer thereon  of
either  of the parties, and shall incorporate in a
decision each such accepted individual  last  best
offer  and an explanation of how the total cost of
all offers accepted was considered. The  award  of
the arbitrators or the single arbitrator shall not
be subject to rejection by referendum. The parties
shall  each pay the fee of the arbitrator selected
by or for them and share equally the  fee  of  the
third  arbitrator or the single arbitrator and all
other costs incidental to the arbitration.

Approved June 24, 1997