Impasse Procedures

The Director fulfills the obligation to assist in the resolution of disputes by:
  1. reviewing Declarations of Impasse between public employers and the unions representing their employees;
  2. determining if impasse exists in the negotiations;
  3. discerning the appropriate impasse resolution procedure applicable to the negotiations:
    • for units of employees in educational institutions, the procedure calls for mediation, fact-finding and continued negotiations until the parties reach agreement;
    • for police, fire fighters, some transit, and certain other units, mediation is followed by interest arbitration;
    • all other public employee units are provided with mediation and fact-finding, which may be succeeded by a legislative determination of employment terms, if no agreement is reached;
    • in some instances, after mediation and fact-finding have been unsuccessful, the Director may determine that additional assistance should be provided to the parties, in which case a conciliator is assigned.
  4. choosing between staff and per diem panel neutrals when making mediator, fact finder and conciliator assignments;
  5. ensuring that a panel of qualified labor relations neutrals is available to provide mediation, factfinding, conciliation and interest arbitration services on a per diem basis.







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last modified: 2/17/2012