§ 1733. Arbitration

(a)(1) Nothing in this chapter shall prevent the legislative body of a municipal employer and the exclusive bargaining agent from voluntarily submitting a contract impasse to final and binding arbitration or for the municipality by a referendum vote from adopting binding arbitration procedures, in the following form:

The arbitrator shall have the power to determine all issues in dispute involving wages, hours, and conditions of employment as defined by this chapter.

(2)(A) Notwithstanding any provision of subdivision (1) of this subsection (a), if an impasse continues between the legislative body of a municipal employer and the exclusive bargaining agent for municipal public safety employees for 20 days after a fact finder has made its report public under subsection 1732(e) of this title, the legislative body of the municipal employer and the exclusive bargaining agent for the municipal public safety employees shall submit the contract impasse to final and binding arbitration pursuant to the provisions of this section.

(B) Notwithstanding section 1732 of this chapter to the contrary, after the mediator has certified to the Commissioner of Labor that the impasse continues, the legislative body of a municipal employer and the exclusive bargaining agent for municipal public safety employees may agree to proceed directly to final and binding arbitration pursuant to the provisions of this section without first submitting the dispute to fact finding pursuant to section 1732 of this chapter.

(C) The provisions of this subdivision (2) shall not apply to negotiations between the legislative body of a municipal employer and the exclusive bargaining agent for a bargaining unit that includes both municipal public safety employees and other municipal employees.

(b) Where an impasse continues for 20 days after a fact finder has made a report public under subsection 1732(e) of this title, a three-member arbitration panel shall be formed as follows:

(1) Each party to the impasse shall select one member of the panel and state its final offer on all disputed issues on the 20th day following publication of the fact finder's report.

(2) The two members so selected shall within five business days select the third member of the panel to serve as Chair. If the two members fail to select a third member of the panel within five business days, the third member shall be appointed by the Superior Court for the county in which the municipality is situated, upon petition of either party, and notice to the other party.

(3) Within 30 days of the appointment of the Chair, the panel shall decide by majority vote all disputed issues involving wages, hours, and conditions of employment as defined by this chapter, and this award shall become an agreement of the parties.

(c) In reaching a decision the arbitrator shall give weight to the factors listed in subsection 1732(d) of this title.

(d) Upon application of a party, a Superior Court shall vacate an award if:

(1) the award was procured by corruption, fraud, or other undue means;

(2) there was evident partiality or prejudicial misconduct by the arbitrator;

(3) the arbitrator exceeded his or her power or rendered an award requiring a person to commit an act or engage in conduct prohibited by law;

(4) the award was made on the basis of subsection (a) of this section, and there was no arbitration agreement; or

(5) there is an absence of substantial evidence on the record as a whole to support the award.

(e) An application under this section shall be made within 30 days after delivery of a copy of the award to the applicant, except that in case of a claim of corruption, fraud, or other undue means, it shall be made within 30 days after such grounds are known or should have been known.

(f) If a municipality has voted to adopt binding arbitration procedures, the legislative body of the municipal employer and the exclusive bargaining agent may agree to proceed directly from mediation to binding arbitration without submitting the dispute to fact-finding. The decision to proceed directly to binding arbitration may be made at any reasonable time during the mediation process but no less than 30 days after appointment of the mediator under section 1731 of this title. The arbitration panel shall be selected as provided in subsection (b) of this section, with each party to the impasse selecting one member of the panel and stating its final offer on the 20th  day after the agreement to proceed directly to arbitration is reached, and the two members so selected selecting the third member within five days.

(g) Nothing shall prevent a municipal employee from participating in a debate or campaign conducted with regard to a referendum held pursuant to subsection (a) of this section. (Added 1973, No. 111, § 1; amended 1977, No. 201 (Adj. Sess.); 1983, No. 126 (Adj. Sess.); 2017, No. 11, § 52; 2017, No. 74, § 59; 2017, No. 113 (Adj. Sess.), § 150; 2019, No. 61, § 22.)