(a) General. A negotiability dispute shall exist when a labor
organization and an employer disagree on whether the collective bargaining
agreement, applicable rules or regulations, this law, other law or
the County Charter, as the case may be, prohibits bargaining with respect
to a specified matter. For the purposes of this law, a negotiability
dispute shall not refer to the situation where a party refuses to bargain
as a matter of choice and not as the result of a purported legal or
contractual prohibition or to the situation where the parties are unable
to agree upon the terms of a collective bargaining agreement, insofar
as the issue in dispute is not "what is negotiable."
(b) Grievances. An issue which involves the interpretation of a controlling agreement
in existence shall be resolved under the procedures of the controlling agreement.
Additionally, disputes over what is subject to a grievance procedure and what
is arbitrable under such procedure shall not be resolved under the procedures
set forth in this Section.
(1) The services of the Unfair Labor Practices Panel shall be invoked
in the manner prescribed in Section 13A-104(c), provided however,
that the parties submit
a sworn statement verifying that tentative agreement has been reached on all
items of negotiations except those presented to the Panel, or, if this is not
the case, a statement indicating why agreement has not been reached on such
other matters and why the Panel nevertheless should assert jurisdiction.
(2) The Impasse Panel, while dealing with an impasse, may invoke the provisions
of this Section, pursuant to Section 13A-111(c)(2), without the consent of
(3) The parties, upon request of the Panel, or in petitioning the Panel to
settle the dispute, shall stipulate the precise issue to be resolved. Each
file within 5 days after the submission of such stipulation, a brief supporting
its position along with proof of service of a copy of such brief to all parties.
(4) If the parties cannot agree on a stipulation after reasonable attempts
to do so, each shall file a written statement as to what it believes the issue
be, why agreement could not be reached on phrasing of the issue, what attempts
were made to reach a stipulation and a brief in support of its position on
the issue in dispute.
(d) Powers of the Panel. The Panel, at its discretion, may:
(1) Request the parties to file reply briefs;
(2) Refuse to entertain the matter, or a part thereof, and return
the dispute to the parties;
(3) Rephrase the issue and request the parties to submit additional
(4) Call upon mediation or fact-finding to be used by the parties
prior to the Panel's acceptance of the case;
(5) Compel the parties to continue bargaining while the Panel is trying
to resolve the issue; or
(6) Render a decision on the issue, in whole or in part.
(e) Panel Procedures upon acceptance of the issue.
(1) The Panel may decide the issue on the record or, after having
notified the parties its phrasing of the issue to be resolved,
may hear oral argument.
during, or after formal proceedings, the Panel may request evidence
of added briefs on specified items.
(2) The Panel may invite as participants, experts, witnesses and others
who may have an interest, direct or indirect, in the disputed issue
participation may assist the Board in reaching a determination. The
Panel may also grant
for the appearance of witnesses and the production of documents or
records. The Panel may also take or cause to be taken depositions.
such requests shall be subject to the Panel sanctions applicable to
unfair labor practices.
(3) An issue once submitted to the Panel may be withdrawn only upon
consent of the Panel and subject to whatever conditions the Panel may
(f) The Panel's Decision.
(1) The Panel may issue a statement, accompanied by reasons therefore,
indicating whether item in dispute is negotiable. The statement
may be accompanied
also, when the Panel deems necessary, by an order directing the
parties to take
or pursue the actions specified in the order. The Panel by means
of such order
may compel the parties to bargain on such matter. The Panel may
also determine, subject
to the procedures set forth in Sections 13A-113 and 114, that an
unfair labor practice has been committed and may also provide remedies
(2) To minimize the potential recurrence of similar disputes, the
Panel shall publish periodically such decisions and shall distribute
to all employers
within the meaning of this law and to all labor organizations that
have attained exclusive recognition.