The final step of the impasse procedure for police, fire fighters, some transit and certain other employees, provides for compulsory interest arbitration. If the dispute is not resolved in mediation, either party may petition the board to refer the dispute to a public arbitration panel.
In all cases, the arbitration panel is made up of:
- One member appointed by the employer.
- One member appointed by the employee organization.
- One public member selected jointly by the parties, who serves as chairperson.
Should the parties be unable to agree upon the chairperson, PERB will provide a list of qualified persons from which the parties must select the chairperson through an alternate striking process. Parties bear the cost of their designee and share in the costs of the public member.
The panel may:
- Hold hearings.
- Take written and oral testimony and other evidence.
- Upon joint request of the panel members representing the parties, refer an issue back to the parties for further negotiation.
- By majority vote, make a determination and award which is final and binding on the parties for a period of time up to two years from the expiration date of any previous collective bargaining agreement.