Interest Arbitration | Summary and Q&A

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September 25, 2017
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Interest Arbitration

TL;DR

Essential government employees in Minnesota are prohibited from going on strike and instead have the option of resolving contract disputes through interest arbitration.

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Key Insights

  • 🚫 Essential government employees in Minnesota are prohibited from striking and have the option of using interest arbitration to resolve contract disputes.
  • 👂 The selection of an arbitrator can be done through mutual agreement or by using a list provided by the BMS.
  • 🧑‍🏭 Factors such as wage patterns, external comparisons, the employer's ability to pay, and a compelling need for change are considered in interest arbitration.
  • 💱 Contract language changes are generally viewed as superior if negotiated, and proposals for change must demonstrate a problem with existing language or provide reasonable trades for the change.
  • 🥳 Interest arbitration awards are final and binding, and the arbitrator must issue a decision within 30 days of the proceedings.
  • 🥳 Parties may settle issues before or after the arbitration decision, but any deviations from the arbitration award must be documented in a written contract or memorandum of understanding.
  • 🦻 If all issues are resolved before an arbitration hearing, cancellation fees may apply.

Transcript

the state of Minnesota recognizes that vital services are provided to the public by specific governmental employee groups and therefore prohibits them from going on strike these employees are considered essential and include firefighters peace officers Public Safety dispatchers correctional facility guards confidential and supervisory employees ins... Read More

Questions & Answers

Q: What is interest arbitration?

Interest arbitration is a method of resolving contract disputes for essential government employees where a neutral arbitrator makes a binding decision.

Q: How are arbitrators selected for interest arbitration?

Arbitrators can be selected through mutual agreement or by using a list provided by the Bureau of Mediation Services (BMS) where the parties strike names until one is left.

Q: What factors are considered in interest arbitration regarding wages?

Factors such as internal patterns, external comparisons, the employer's ability to pay, and a compelling need for change are considered when determining wage increases.

Q: How are contract language arguments handled in interest arbitration?

New concepts are generally not favored, and changes to existing language must demonstrate a definitive problem with the current language and propose an effective solution or provide reasonable trades for the change.

Summary & Key Takeaways

  • Minnesota prohibits essential government employees from going on strike and instead provides them with the opportunity to resolve contract disputes through interest arbitration.

  • Interest arbitration is a form of alternative dispute resolution where a neutral third party, the arbitrator, reviews the facts and makes a binding decision.

  • The selection of an arbitrator, the procedure and presentation in an arbitration hearing, and the factors considered in interest arbitration, such as wages and contract language, are important components of the process.

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