Negotiated Final Best-Offer Arbitration

Act 14 of 1949, § 1123-A, under PUBLIC SCHOOL CODE OF 1949.

Act 14 of 1949, § 1123-A

Section 1123-A. Negotiated Final Best-Offer Arbitration.--(a) The parties to a collective bargaining agreement involving public school employes shall be required to bargain upon the issue of acceptance and adoption of one of the following approved impasse procedures, with the proviso that such an obligation does not compel either party to agree to a proposal or require making a concession:

(1) Arbitration under which the award is confined to a choice among one of the following single packages:

(i) the last offer of the representative of the employer;

(ii) the last offer of the representative of the employes; or

(iii) the fact-finder's recommendations, should there be a fact-finder's report.

(2) Arbitration under which the award is confined to a choice among one of the following on an issue-by-issue basis:

(i) the last offer of the representative of the employer;

(ii) the last offer of the representative of the employes; or

(iii) the fact-finder's recommendations, should there be a fact-finder's report.

(3) Arbitration under which the award is confined to a choice among one of the following on the basis of economic and noneconomic issues as separate units:

(i) the last offer of the representative of the employer;

(ii) the last offer of the representative of the employes; or

(iii) the fact-finder's recommendations, should there be a fact-finder's report.

(b) As used in this section, "economic issues" shall mean wages, hours, salary, fringe benefits or any form of monetary compensation for services rendered.

(1123-A added July 9, 1992, P.L.403, No.88)