§979-R. Continuation of grievance arbitration provisions
1.Contract signed before October 1, 2005.
If a contract between a public employer and a bargaining agent signed prior to October 1, 2005 expires prior to the parties'
agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to disciplinary action
remain in effect until the parties execute a new contract.
2005, c. 324, §2 (NEW)
2.Contract signed after October 1, 2005.
If a contract between a public employer and a bargaining agent signed after October 1, 2005 expires prior to the parties'
agreement on a new contract, the grievance arbitration provisions of the expired contract remain in effect until the parties
execute a new contract. In any arbitration that is conducted pursuant to this subsection, an arbitrator shall apply only
those provisions enforceable by virtue of the static status quo doctrine and may not add to, restrict or modify the applicable
static status quo following the expiration of the contract unless the parties have otherwise agreed in the collective bargaining
agreement. All such grievances that are appealed to arbitration are subject exclusively to the grievance and arbitration process
contained in the expired agreement, and the board does not have jurisdiction over such grievances. The arbitrator's determination
is subject to appeal, pursuant to the Uniform Arbitration Act. Disputes over which provisions in an expired contract are
enforceable by virtue of the static status quo doctrine first must be resolved by the board, subject to appeal pursuant to
applicable law. The grievance arbitration is stayed pending resolution of this issue by the board. The board may adopt rules
as necessary to establish a procedure to implement the intent of this section. Rules adopted pursuant to this subsection
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Nothing in this subsection expands, limits
or modifies the scope of any grievance arbitration provisions, including procedural requirements.
2005, c. 324, §2 (NEW)
1997, c. 773, §5 (NEW).
1997, c. 773, §7 (AFF).
2005, c. 324, §2 (RPR).
Data for this page extracted on 10/16/2012 08:30:31.
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