California appellate court strikes down a law imposing mandatory arbitration of wages when bargaining attempts fail. The statute was a second attempt to force the resolution of bargaining disputes by arbitration. Like the first attempt, it contravened a state constitutional provision on home rule. County of Sonoma v. Superior Court (S.C. Law Enforcement Assn., #A122450, 2009 Cal. App. Lexis 620 (1st Dist.), relying on County of Riverside v. Superior Court (Sheriffs’ Assn.), #S107126, 30 Cal.4th 278, 66 P.3d 718 (2003).
     Appellate court reinstates an impasse arbitration award increasing the work period of probation officers by a half-hour a day. Washington Co. v. Assn. of Prof. Emp., AFL-CIO, #938 C.D. 2007, 2008 Pa. Commw. Lexis 203.
     New York appellate court confirms that impasse arbitration panels must examine the factors enumerated in a statute, but rejects the argument that an award is invalid if the panel fails to address each factor in arriving at a determination. In re Arbitration of Buffalo Firefighters L-282, #79-CA-03590, 2008 NY Slip Op 861, 850 N.Y.Supp.2d 744, 2008 N.Y. App. Div. Lexis 892.
     "Interest arbitration is not an exact science." An arbitrator should approximate what the parties would have reached if they had bargained with determination and good faith. The award "should not be a mere compromise between the parties' positions because such a compromise would favor the party with the more extreme or intransigent position." City of Mt. Vernon, Wash. and M.V. Police Services Guild, 124 LA (BNA) 716, PERC #20682-1-06-0482 (Reeves, 2007).
     Pennsylvania appellate court vacates part of an impasse award requiring the Corrections Dept. to provide legal representation to state corrections employees in any legal proceeding arising from employment-related conduct, even if that conduct was criminal and malicious, and to indemnify them against civil judgments resulting from such conduct. It violated Pennsylvania Code. Dept. of Corrections v. Corrections Officers Assn., #445 C.D. 2006, 932 A.2d 359, 2007 Pa. Commw. 515.
     Pennsylvania appellate courts, in a 7-to-1 ruling, holds that an arbitrator acted unlawfully in requiring management to provide legal representation to correctional employees and to indemnify them against civil judgments. State law limits such relief; 4 Pa. Code §§ 39.1-39.3. Dept. of Corrections v. Penna. State Corrections Officers Assn., #445-CD-2006, 2007 Pa. Commw. Lexis 515.
     Neutral arbitrator accepts the union's Last Best Offer of a 6% raise. Although the city was in "dire financial straits," officers were 29.33% behind their counterparts in other police departments and a raise was needed to attract and retain competent police officers. City of Hugo, Okla. and FOP L-104, 120 LA (BNA) 540, FMCS Case #040528/55105-6 (Crow, 2004). [2005 FP Mar]
     California amends a law providing for binding arbitration of wages and benefits for peace officers and firefighters, although it permits the arbitrator's award to be ignored if it is rejected by a unanimous vote of the county Board of Supervisors or the city Council. The override provision was placed in the law to respond to a recent California Supreme Court ruling declaring the binding arbitration law unconstitutional because it deprived County Boards and City Councils of their authority to set wages and benefits for their employees. S.B. 440. {N/R}
     Illinois appellate court affirms an interest arbitration award which overrides a town residency ordinance. A residency requirement is a bargainable issue in municipalities outside Chicago. Town of Cicero v. IAFF L-717, #1-01-3931, 788 N.E.2d 286, 2003 Ill. App. Lexis 389, 272 Ill. Dec. 982 (1st App. Dist. 2003). [2003 FP Sep]
     California Supreme Court strikes down a mandatory impasse arbitration law. It violated a section of the state constitution empowering counties and charter cities to set compensation for their employees. Riverside County v. Superior Court (Riverside Sheriffs Assn.), #S107126, 66 P.3d 718, 132 Cal.Rptr.2d 713, 2003 Cal. Lexis 2426 (2003). [2003 FP Jul]
     Illinois appellate court concludes that a dispute of whether overtime pay for sheriff's deputies should be given as direct salary or comp. time is a bargaining issue and subject to mandatory arbitration. The fact there was a past practice of awarding comp. time is not determinative. County of St. Clair v. Illinois F.O.P., #5-01-0990, 2003 Ill. App. Lexis 552 (5th Dist. 2003). [2003 FP Jul]
     Independent arbitrator opts for the police union's benefits demand, which encouraged officers to stay with the agency -- which was suffering from a high turnover rate. Town of Union City and L-144, I.U.P.A., FMCS Case No. 02/12456, 117 LA (BNA) 1544 (Woolf, 2002). [2003 FP May]
     Arbitrator declines to impose wage increases based on years of service, where there is no history of seniority differentials. Mason City and IBOT L-828, 117 LA (BNA) 472 (Feldman, 2002). [2002 FP Dec]
     California appeals court strikes down a law allowing public safety unions to demand binding arbitration of economic issues. County of Riverside v. Superior Court (Riverside Sheriff's Assn.), #E030454, 118 Cal.Rptr.2d 854, 2002 Cal. App. Lexis 4006 (4th Dist. App. 2002). [2002 FP Jul]
     Arbitrator selects management's offer of a 6.0 percent wage increase for county detention officers over a union demand of 9.5 percent. Management's offer was higher than comparable counties and higher than given to other county employees. Pottawattamie Co. Iowa and P.C. Detention Officers Assn., 116 LA (BNA) 1761 (Moeller, 2001). {N/R}
      Special impasse legislation for New York City's police officers and firefighters is constitutionally valid. PBA of City of N.Y. v. N.Y. State PERB, #3 No. 171, 2001 N.Y. Lexis 3813, 2001 NY Int. 149 (N.Y. 2001). {N/R}
     Arbitrator rejects a police union's demand for seniority preferences for shift selection. Tuscarawas Co. Sheriff and FOP L-4, 114 LA (BNA) 307, Ohio SERB #99-MED-09-0776 (M. Feldman, 2000). [2000 FP 155-6]
     Appeals court overturns an arbitration award forcing Boston to indemnify officers for their intentional torts, but upholds an exemption from the city's residency law for veteran patrolmen who are promoted out of the bargaining unit. Boston and B.P.P.A., #97-P-1884, 48 Mass.App.Ct. 74, 717 N.E.2d 667, 1999 Mass. App. Lexis 1105. [2000 FP 106]
     Failure to bargain in good faith may be an unfair labor practice, but does not prevent statutory resolution of a bargaining impasse by mandatory arbitration. City of Manistee v. Employment Rltns. Cmsn., 425 N. W. 2d 168 (Mich. App. 1988).
     Employer must arbitrate impasse with mixed unit of those who can strike and those who cannot but have arbitration rights. AFSCME L-1246 v. Fairview Training Center, 81 Or. App. 165, 724 P.2d 895 (1986).
     Utah legislature enacts firefighters bargaining law with provisions for binding arbitration of impasses. Utah Firefighters Negotiations Act, Utah Sen. Bill 190.
     There is no right to impasse proceedings on a new issue during the life of the existing contract. City of Newburgh v. Newman, 499 N.Y.S. 276 (A.D. 1986).
     See also, Arbitration Procedures.