Office of
Legislative Research
March 20,
2007, 2007-R-0275
QUESTIONS FOR EDUCATION
ARBITRATION BOARD NOMINEES
By: Judith Lohman, Chief 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.
GENERAL
QUESTIONS FOR ALL NOMINEES
1. 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?
2. What are the interests of the public in an arbitration
proceeding?
3. Does the fact that voters in certain districts have repeatedly
rejected local education budgets weigh in your consideration of a district's
financial capability?
4. What is your opinion of the “last-best-offer” system?
5. What is your opinion of the governor's recent
proposal to require arbitrators to disregard proposed increases in ECS funding
when considering a school district's financial capability?
QUESTIONS FOR
ARBITRATORS REPRESENTING PARTIES
1. You will be representing the interests of parties in arbitration
decisions. How do you seek to influence the outcome?
2. Do you ever vote against the offer of the party whose interests
you represent? In what type of situation would such a vote be justified?
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