(1) At any time after thirty days from the
start of the bargaining process, either party may declare an impasse in
negotiations. If an impasse is declared, an advisory fact-finder must be appointed in
the manner described in subsection (2) of this section.
(2) (a) Within three days after an impasse is declared, the exclusive
representative or the public employer shall notify the American arbitration
association, a successor organization, or a similar organization agreed upon by both
parties, referred to in this section as the arbitration organization, and request the
arbitration organization to submit simultaneously to each party within fourteen
days an identical list of seven persons qualified to serve as an advisory fact-finder.
The parties may agree upon an advisory fact-finder that is not on the list requested.
(b) Within ten days after the arbitration organization delivers the list to the
parties pursuant to paragraph (a) of this subsection (2), each party may strike two
names from the list, rank the remaining names in order of preference, and return
the list to the arbitration organization. If a party does not return the list within the
specified time, all persons named in the list are deemed acceptable to that party.
(c) Within ten days after the last list is returned to the arbitration
organization pursuant to paragraph (b) of this subsection (2), or within ten days
after the time the list must be returned by the parties, whichever is earlier, the
arbitration organization shall appoint one advisory fact-finder from the persons who
have been approved on both lists and shall notify the parties of the appointment.
(3) The advisory fact-finder shall hold a hearing on the unresolved issues
between the parties within thirty days after being appointed. The advisory fact-finder shall give written notice of the time and place of the hearing to the parties no
later than ten days before the hearing. The hearing must be informal, and the rules
of evidence prevailing in judicial proceedings are not binding. The advisory fact-finder may receive into evidence any documentary evidence and other information
deemed relevant by the advisory fact-finder. The advisory fact-finder may
administer oaths and require by subpoena the attendance and testimony of
witnesses and the production of books, records, and other evidence relevant to the
issues presented for determination. If a person refuses to obey a subpoena, take an
oath, or testify, or if any witness, party, or attorney is guilty of contempt while in
attendance at a hearing, the advisory fact-finder may, or the attorney general shall,
if requested, invoke the aid of the district court of the county in which the hearing is
being held, and the court shall issue an appropriate order. The court may punish a
failure to obey the order as contempt.
(4) The hearing conducted by the advisory fact-finder must be concluded
within ten days after the hearing begins. With notice to the advisory fact-finder at
the conclusion of the hearing, a party may submit a written brief to the advisory
fact-finder within ten days after the conclusion of the hearing.
(5) Within thirty days after receipt of the last written brief from a party, or
within thirty days after the conclusion of the hearing if neither party notified the
advisory fact-finder of its intent to file a written brief, the advisory fact-finder shall
render a decision recommending a peaceful and just settlement of the unresolved
issues between the exclusive representative and the public employer. The decision
is limited to a recommendation of which portion of the final offers made by each
party on each issue in dispute should be accepted. The decision must include
written findings and a written opinion on the issues presented. The advisory fact-finder shall mail or otherwise deliver a copy of the written decision to the exclusive
representative and the public employer.
(6) In arriving at a decision, the advisory fact-finder shall consider:
(a) The interests and welfare of the public;
(b) The compensation, hours, and terms and conditions of employment of the
firefighters involved in the collective bargaining in comparison with the
compensation, hours, and terms and conditions of employment, including firefighter
safety issues, of other firefighters in comparable communities as determined by the
advisory fact-finder;
(c) Stipulations of the parties;
(d) The lawful authority of the public employer;
(e) The financial ability of the public employer to meet the costs of any
proposed settlement;
(f) Changes in the cost of living; and
(g) Other factors that are normally or traditionally taken into consideration in
the determination of compensation, hours, and terms and conditions of employment
through voluntary collective bargaining, interest arbitration, or otherwise between
parties in public or private employment.
(7) The advisory fact-finder shall give due weight to each factor listed in
subsection (6) of this section. If the advisory fact-finder determines that a factor
listed in subsection (6) of this section is not relevant, the advisory fact-finder shall
state in the findings the specific reason why the factor is not relevant to the
advisory fact-finder's determination.
(8) The exclusive representative and the public employer shall equally bear
the cost of the advisory fact-finder and related hearings.
(9) (a) The public employer and the exclusive representative have fourteen
days after the issuance of the advisory fact-finder's decision to consider the
recommendations and further negotiate the disputed issues. No later than the end
of the fourteen-day period, the public employer and the exclusive representative
shall notify the other party whether it accepts or rejects the recommendations on
each of the remaining unresolved issues. If either party rejects any of the
recommendations, the final offers of the parties on all of the issues remaining
unresolved shall be submitted as alternative single measures to a vote of the
registered electors of the public employer at a special election. The registered
electors shall select either the final offer of the public employer or the final offer of
the exclusive representative, as presented to the advisory fact-finder. Issues
agreed to during the fourteen-day period specified in this subsection (9) must not
be included in the final offers submitted to the registered electors. The party that
refuses to accept the recommendations of the advisory fact-finder shall pay the
cost of the special election. If both parties refuse to accept the advisory fact-finder's recommendations, the public employer and the exclusive representative
shall pay the cost of the special election equally.
(b) The special election must not be held in conjunction with, or on the same
day as, any other election and may be held on any date set by the public employer
as long as it is held no more than ninety days after the date of the rejection of an
advisory fact-finder's recommendation and at least thirty days' notice is given.
(10) Nothing in this part 2 prohibits or impedes a public employer and an
exclusive representative from continuing to bargain in good faith or from using the
services of a mediator at any time during collective bargaining. If at any point in the
advisory fact-finding proceedings the parties are able to conclude the dispute, or
any portion thereof, with a voluntarily reached agreement, the parties shall notify
the advisory fact-finder of the agreement, and the advisory fact-finder shall
terminate the proceedings or discontinue the consideration of an issue resolved by
the agreement. If an agreement is reached after a special election has been
scheduled and the election cannot be canceled or issues cannot be removed from
the ballot, the votes on the final offers of the public employer and the exclusive
representative shall not be counted.
(11) During impasse resolution proceedings conducted pursuant to this
section, existing compensation, hours, and other terms and conditions of
employment may not be changed except by an agreement between the public
employer and the exclusive representative, but any such agreement must be
without prejudice to either party's rights or position in the advisory fact-finder's
hearing. Any changes in the collective bargaining agreement from the expired
agreement must be retroactive to January 1 unless the parties agree otherwise.
(12) The parties may agree to extend any of the time limits specified in this
part 2 except the date for beginning bargaining.
(13) The public employer shall modify any adopted budget to comply with
the results of accepted recommendations from an advisory fact-finder or of a
special election held pursuant to this section.