Revision: March 13, 2013, midnight
HB 178-FN-LOCAL – AS INTRODUCED
2013 SESSION
06/01
HOUSE BILL 178-FN-LOCAL
AN ACT relative to binding arbitration in public labor relations disputes.
SPONSORS: Rep. Weed, Ches 16; Rep. Myler, Merr 10; Rep. Ley, Ches 9; Rep. Coulombe, Coos 3
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill requires binding arbitration in labor relations disputes.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0142
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to binding arbitration in public labor relations disputes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definition; Binding Arbitration. Amend RSA 273-A:1 by inserting after paragraph II the following new paragraph:
II-a. “Binding arbitration” means a non-court process for resolving a dispute in which a neutral third party has the power to impose a settlement.
2 Resolution of Disputes. RSA 273-A:12, IV is repealed and reenacted to read as follows:
IV. If the impasse is not resolved following the action of the legislative body, each party shall submit its last best offer to binding arbitration. The arbitrator shall choose the offer of one of the parties in its entirety and such offer shall become the new agreement and shall be binding on both parties, although still subject to approval of cost items by the legislative body.
3 Resolution of Disputes. Amend RSA 273-A:12, VI to read as follows:
VI. The parties shall share equally all fees and costs of mediation [and], fact-finding, and binding arbitration required by this chapter.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0142
Revised 12/18/12
HB 178-FN-LOCAL - FISCAL NOTE
AN ACT relative to binding arbitration in public labor relations disputes.
FISCAL IMPACT:
The Public Employee Labor Relations Board states this bill, as introduced, may have an indeterminable impact on state, county, and local revenues and expenditures in FY 2013 and each year thereafter.
METHODOLOGY:
The Public Employee Labor Relations Board states this bill authorizes “binding arbitration” in the case of public employee labor relations disputes. The bill eliminates further mediation in the event fact finding does not settle a contract, and gives an arbitrator the power to resolve an impasse by choosing the last best offer of either the public employer or the employee organization. The bill establishes that the offer chosen by the arbitrator will be binding on the parties, subject to the approval of cost items. The Board states the bill does not alter the existing process for approval of cost items.
The Board states the cost impact of the proposed change is indeterminable, since contracts negotiated with the involvement of an arbitrator will not necessarily have costs different than those of contracts negotiated under the current procedure. The Board states the involvement of an arbitrator will result in collective bargaining agreements which did not settle after fact finding being submitted to local legislative bodies more quickly, but the cost impact of this change is unknown. The Board further states it is unknown whether the involvement of an arbitrator will have an impact on the collective bargaining process prior to and during mediation and fact finding.