8 AAC 97.280. Advisory arbitration

(a) Upon a finding of impasse by the labor relations agency or a stipulation of impasse between a public employer and the employee representative of a municipal school district, regional educational attendance area or state boarding school employees subject to advisory arbitration under AS 23.40.200 , the labor relations agency will order the parties to advisory arbitration. If the parties are unable to agree on the selection of an arbitrator within ten days of the issuance of the agency's order to arbitrate, the agency will refer the parties to an advisory arbitrator. The parties will present their positions to the arbitrator at a time mutually agreed to or, if no agreement is reached, at a time determined by the arbitrator. The parties may submit to the arbitrator reports of proceedings to date, any mediation reports, and any other relevant materials. The advisory arbitrator shall review the issues and make a report, including any recommendations. The advisory arbitrator shall serve the report upon the parties and upon the agency in accordance with 8 AAC 97.015. The report of the advisory arbitrator is not binding.

(b) The parties shall undertake negotiations following receipt of the advisory arbitrator report or 90 days from the appointment of the arbitrator, whichever occurs first. The parties shall bear the costs of the advisory arbitration as directed by the arbitrator. Unless the parties agree otherwise, the requirement for advisory arbitration is met if the parties have not resolved the dispute 30 days following service of the report of the advisory arbitrator or 90 days following the appointment of the arbitrator, whichever occurs first.

(c) After a mutually recognized impasse following advisory arbitration or upon meeting the advisory arbitration requirement in (b) of this section, a municipal school district, regional educational attendance area, or state boarding school may implement its last, best offer, and the employees may engage in a strike if a majority of the employees in a collective bargaining unit have voted by secret ballot to do so.

History: Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 5/18/2002, Register 162

Authority: AS 23.05.380

AS 23.40.110

AS 23.40.170

AS 23.40.200

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