§ 2021.
334 words·~2 min read·
/vt/title-16/chapter-57/2021A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 2021. Negotiated binding interest arbitration
(a)Arbitration shall only occur if the recognized organization and one or more of the school boards agree in writing to submit to binding arbitration for one or more issues remaining in dispute. An agreement to accept binding interest arbitration may not be revoked and shall apply only to the parties to the arbitration.
(b)The parties may mutually agree to accept binding interest arbitration at any time after impasse is reached. If the parties have neither accepted all recommendations of a fact-finder nor reached an independent agreement on all issues in dispute, either the school board or the recognized organization may request binding interest arbitration by written notice to the other party. The parties shall mutually agree on one of the following limitations on the jurisdiction of the arbitrator:
(1)Arbitration under which the award is confined to a choice between one of the following single packages:
(A)The last best offer of the school board.
(B)The last best offer of the recognized organization.
(2)Arbitration under which the award is confined to a choice between one of the following on an issue-by-issue basis:
(A)The last best offer of the school board.
(B)The last best offer of the recognized organization.
(c)A strike, which shall have the same meaning as provided in 21 V.S.A. § 1722(16), shall be prohibited if it occurs after both parties have voluntarily submitted a dispute to final and binding arbitration or after a decision or award has been issued by the arbitrator. A school board may petition for an injunction or other appropriate relief from the Superior Court in the county in which such strike in violation of this section is occurring or is about to occur.
(d)If any provision of this subchapter is inconsistent with any other provision of law governing arbitration, this subchapter shall govern. (Added 1991, No. 196 (Adj. Sess.), § 1; amended 2007, No. 82, § 38; 2019, No. 131 (Adj. Sess.), § 93.)