Relations Services – Human Resources Division
Date: November 2000 No. 2
SB 402 EXAMINED
understand that Governor Davis signed a Bill (SB 402) that provides for binding
interest arbitration. What does
that mean for Monterey County?”
There are two types of contract (MOU) disputes; Interest disputes are
disagreements over the terms of an MOU that is currently being negotiated;
Rights disputes are disagreements over the interpretation or application of
provisions of an existing MOU.
SB 402 deals with Interest disputes between local governments and
bargaining units representing law enforcement officers.
If Meet and Confer with any of the above units results in impasse, the
union can request taking unresolved economic issues to arbitration.
Arbitration is a hearing held before a panel of three arbitrators.
The union appoints one arbitrator, the County appoints one arbitrator and
those two arbitrators select a third.
Prior to commencement of the arbitration hearing each party is to submit
their “last best and final offer” to the arbitration panel, on either an
issue-by-issue basis or for the entire MOU.
The arbitration panel will then hear evidence and reach a decision
choosing one proposal or the other. There
is no compromise in this procedure. Hopefully,
this will cause the parties to submit realistic proposals.
Following the arbitration panel’s decision, the parties have five days
to meet and mutually agree to changes; otherwise the panel’s decision will
SB 402 will go into effect January 1, 2001.
Relations Bulletins are intended to provide an overview of subjects of interest.
For more detailed information contact Employee Relations.