BILL ANALYSIS
Appropriations Committee Fiscal Summary
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| |SB 402 (Burton) |
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|Hearing Date: 5/27/99 |Amended: 5/18/99 |
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|Consultant: Maureen Brooks |Policy Vote: P.E. & R. 3-1 |
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BILL SUMMARY: SB 402 povides that if employers and
firefighters or law enforcement officers, when in a
dispute, have declared an impasse after exhausting their
mutual efforts to reach agreement over wages, hours and
other terms and conditions of employment, can not agree on
the appointment of a mediator, or if the mediator is unable
to settle a dispute between the parties an arbitration
panel may be requested by the employee organization, as
specified.
Fiscal Impact (in thousands)
Major Provisions 1999-2000 2000-01 2001-02 Fund
Arbitration costs ---------------unknown-------------- General,
Special & Local
STAFF COMMENTS: SUSPENSE FILE. Although the bill does not
indicate a state reimbursable local mandate, according to
the Department of Finance this bill WILL result in
reimbursable local costs. Amendments clarify that the
provisions of SB 402 are not intended to determine the
rights of a firefighter or law enforcement officer in any
grievance initiated as a result of a disciplinary action.
Additionally, the amendments provide that during the course
of the dispute resolution process, any employee who
willfully engages in a strike against his or her employer
that endangers public safety shall be dismissed from
employment as specified.
The arbitration panel will consist of one member designated
by each party in dispute and those two members would
designate an impartial and experienced person to act as the
chairperson. SB 402 specifies that the panel will meet
within 10 days and make inquiries, hold hearings and take
other actions deemed appropriate. Five days prior to the
commencement of the hearings, each party is required to
submit a "last best offer" of settlement on those issues
not tentatively agreed to. The arbitration panel, within
30 days after the conclusion of the hearing, will select
one offer and the parties will have 5 days after receiving
the decision in which they could mutually amend that
decision. At the conclusion of the 5 day period (which may
be extended by the parties), the decision as amended or
modified will be publicly disclosed and shall be binding on
all parties.
SB 402 states Legislative Intent to protect the health and
welfare of the public by providing impasse remedies
necessary to afford private and public employers the
opportunity to safely alleviate the effects of labor strife
that may otherwise lead to strikes. In addition, SB 402
states that it is not the intent of the Legislature to
alter the scope of issues subject to collective bargaining.