§ 702-B — Impasse resolution procedures for agricultural employers and farm laborers

§ 702-b. Impasse resolution procedures for agricultural employers and\nfarm laborers. 1. For purposes of this section, an impasse may be deemed\nto exist if the parties fail to achieve agreement by the end of a\nforty-day period from the date of certification or recognition of an\nemployee organization or from the expiration date of a collective\nbargaining agreement.\n 2. Upon impasse, agricultural employers or recognized employee\norganizations may request the board to render assistance as provided in\nthis section. If the board determines an impasse exists in the course of\ncollective negotiations between an agricultural employer and a\nrecognized employee organization, the board shall aid the parties in\neffecting a voluntary resolution of the dispute.\n 3. On request of either party, as provided in subdivision two of this\nsection, and in the event the board determines that an impasse exists in\ncollective negotiations between such employee organization and an\nagricultural employer as to the conditions of employment of farm\nlaborers, the board shall render assistance as follows:\n a. to assist the parties to effect a voluntary resolution of the\ndispute, the board shall appoint a mediator from a list of qualified\npersons maintained by the board;\n b. if the mediator is unable to effect settlement of the controversy\nwithin thirty days after his or her appointment, either party may\npetition the board to refer the dispute to a neutral arbitrator;\n c. upon petition of either party, the board shall refer the dispute to\na neutral arbitrator as hereinafter provided;\n i. the neutral arbitrator shall be appointed jointly by the\nagricultural employer and employee organization within ten days after\nreceipt by the board of a petition for arbitration. Each of the\nrespective parties is to share equally the cost of the neutral\narbitrator. If, within seven days after the mailing date, the parties\nare unable to agree upon the neutral arbitrator, the board shall submit\nto the parties a list of qualified, disinterested persons for the\nselection of a neutral arbitrator. Each party shall alternately strike\nfrom the list one of the names with the order of striking determined by\nlot, until the remaining one person shall be designated as the neutral\narbitrator. This process shall be completed within five days of receipt\nof this list. The parties shall notify the board of the designated\nneutral arbitrator;\n ii. the neutral arbitrator shall hold hearings on all matters related\nto the dispute. The parties may be heard either in person, by counsel,\nor by other representatives, as they may respectively designate. The\npanel may grant more than one adjournment each for each party; provided,\nhowever, that a second request of either party and any subsequent\nadjournments may be granted on request of either party, provided that\nthe party which requests the adjournment shall pay the arbitrator's fee.\nThe parties may present, either orally or in writing, or both,\nstatements of fact, supporting witnesses and other evidence, and\nargument of their respective positions with respect to each case. The\narbitrator shall have authority to require the production of such\nadditional evidence, either oral or written as she or he may desire from\nthe parties and shall provide at the request of either party that a full\nand complete record be kept of any such hearings, the cost of such\nrecord to be borne by the requesting party. If such record is created,\nit shall be shared with both parties regardless of which party paid for\nit;\n iii. the arbitrator shall make a just and reasonable determination of\nthe matters in dispute. In arriving at such determination, the\narbitrator shall specify the basis for her or his findings, taking into\nconsideration, in addition to any factors stipulated by the parties or\nany other relevant factors, the following:\n A. comparison of the wages, hours and conditions of employment of the\nemployees involved in the arbitration proceeding with the wages, hours,\nand conditions of employment of other employees performing similar\nservices or requiring similar skills under similar working conditions\nand with other employees generally in agricultural employment in\ncomparable communities;\n B. the interests and welfare of the farm laborers and the financial\nability of the agricultural employer to pay;\n C. comparison of peculiarities in regard to other trades or\nprofessions, including specifically, (i) hazards of employment; (ii)\nphysical qualifications; (iii) educational qualifications; (iv) mental\nqualifications; (v) job training and skills;\n D. the terms of collective agreements negotiated between the parties\nin the past providing for compensation and fringe benefits; and\n E. the impact on the food supply and commodity pricing.\n iv. the determination of the neutral arbitrator shall be final and\nbinding upon the parties for the period prescribed by the arbitrator,\nbut in no event shall such period exceed two years from the date of the\narbitrator's determination;\n v. the determination of the public arbitration panel shall be subject\nto review by a court of competent jurisdiction in the manner prescribed\nby law.\n