Section 1. Amend § 4002(j), Title 14 of the Delaware
Code by striking this section in its entirety and substituting in lieu thereof
the following:
“(j)
‘Binding Interest Arbitration’ means the procedure by which the Public
Employment Relations Board shall make written findings of fact and a decision
for final and binding resolution of an impasse arising out of collective
bargaining.”.
Section 2. Amend § 4006(f), Title 14 of the Delaware
Code by striking the word “fact-finding” in the third sentence. Further amend § 4006(f) by inserting the
words “binding interest” between “and” and “arbitration” in the third sentence
of that Section.
Section 3. Amend § 4013(b), Title 14 of the Delaware
Code by striking the word “fact-finders” in the first and second sentence and
substituting in lieu thereof the words “binding interest arbitrators”.
Section 4. Amend § 4014(c), Title 14 of the Delaware
Code by striking the word “fact-finding” in the first, second and third
sentence and substituting in lieu thereof the words “binding interest
arbitration”.
Section 5. Amend § 4015, Title 14 of the Delaware Code
by striking it in its entirety and substituting in lieu thereof the following:
Ҥ 4015.
Binding Interest Arbitration.
“(a) Within 7 working days of receipt of a petition or
recommendation to initiate binding interest arbitration, the Board shall make a
determination, with or without a formal hearing, as to whether a good faith
effort has been made by both parties to resolve their labor dispute through
negotiations and mediation and as to whether the initiation of binding interest arbitration would be
appropriate and in the public interest.
(b) Pursuant to § 4006(f) of this Title,
the Board shall appoint the Executive Director or his/her designee to act as
binding interest arbitrator. Such
delegation shall not limit a party’s right to appeal to the Board.
(c) The binding interest arbitrator shall
hold hearings in order to define the area or areas of dispute, to determine
facts relating to the dispute and to render a decision on unresolved contract
issues. The hearings shall be held at
times, dates and places to be established by the binding interest arbitrator in
accordance with rules promulgated by the Board.
The binding interest arbitrator shall be empowered to administer oaths
and issue subpoenas on behalf of the parties to the dispute or on the binding
interest arbitrators’ own behalf.
(d) The
binding interest arbitrator shall make written findings of facts a decision for
the resolution of the dispute; provided however, that the decision shall be
limited to a determination of which of the parties’ last, best, final offers
shall be accepted in its entirety. In
arriving at a determination, the binding interest arbitrator shall specify the
basis for the binding interest arbitrator’s findings, taking into
consideration, in addition to any other relevant factors, the following:
(1)
The interests and welfare of the
public.
(2) Comparison
of the wages, salaries, benefits, hours and conditions of employment of the
employees involved in the binding interest arbitration proceedings with the
wages, salaries, benefits, hours and conditions of employment of other
employees performing the same or similar services or requiring similar skills
under similar working conditions in the same community and in comparable
communities and with other employees generally in the same community and in
comparable communities.
(3) The
overall compensation presently received by the employees inclusive of direct
wages, salary, vacations, holidays, excused leaves, insurance and pensions,
medical and hospitalization benefits, the continuity and stability of
employment and all other benefits received.
(4)
Stipulations of the parties.
(5)
The lawful authority of the
public school employer.
(6) The financial ability of the public
school employer based on existing revenues, to meet the costs of any proposed
settlements; provided that, any enhancement to such financial ability derived
from savings experienced by such public school employer as a result of a strike
shall not be considered by the binding interest arbitrator.
(7)
Such other factors not confined
to the foregoing which are normally or traditionally taken into consideration
in the determination of wages, hours and conditions of employment through
voluntary collective bargaining, mediation, binding interest arbitration or
otherwise between parties, in public service or in private employment. In making determinations, the binding
interest arbitrator shall give due weight to each relevant factor. All of the above factors shall be presumed
relevant. If any factor is found not to
be relevant, the binding interest arbitrator shall detail in the binding
interest arbitrator’s findings the specific reason why that factor is not
judged relevant in arriving at the binding interest arbitrator’s
determination. With the exception of
paragraph (6) of this subsection, no single factor in subsection, shall be dispositive.
(e) Within 30 days after the conclusion of
the hearings but not later than 120 days from the day of appointment, the
binding interest arbitrator shall serve the binding interest arbitrator’s
written determination for resolution of the dispute on the public school
employer, the certified exclusive representative and the Board. The decision of the binding interest
arbitrator shall become an order of the Board within five (5) business days
after it has been served on the parties.
(f) The
cost of binding interest arbitration shall be borne equally by the parties
involved in the dispute.
(g) Nothing
in this chapter shall be construed to prohibit or otherwise impede a public
school employer and certified exclusive representative from continuing to
bargain in good faith over terms and conditions of employment or from using the
services of a mediator at any time during the conduct of collective
bargaining. If, at any point in the
impasse proceedings invoked under this Chapter, the parties are able to
conclude their labor dispute with a voluntarily reached agreement, the Board
shall be so notified, and all impasse resolution proceedings shall be forthwith
terminated.”.
Section 6. Amend § 4009(a), Title 14 of the Delaware
Code by inserting the words “or § 4015" after “4008" and before “of”
in the first sentence of that Section.
Section 7. Amend § 4009(b), Title 14 of the Delaware
Code by inserting the words “or § 4015" between “4008" and “of” in
that Section.
