Title 53A Chapter 7 Section 101

State System of Public Education
Dispute Resolution
Section 101
Mediation of contract negotiations.


53A-7-101.   Mediation of contract negotiations.

            (1) The president of a professional local organization which represents a majority of the licensed employees of a school district or the chairman or president of a local school board may, after negotiating for 90 days, declare an impasse by written notification to the other party and to the State Board of Education.

            (2) The party declaring the impasse may request the state superintendent of public instruction to appoint a mediator for the purpose of helping to resolve the impasse if the parties to the dispute have not been able to agree on a third party mediator.

            (3) Within five working days after receipt of the written request, the state superintendent shall appoint a mediator who is mutually acceptable to the local school board and the professional organization representing a majority of the licensed employees.

            (4) The mediator shall meet with the parties, either jointly or separately, and attempt to settle the impasse.

            (5) The mediator may not, without the consent of both parties, make findings of fact or recommend terms for settlement.

            (6) Both parties shall equally share the costs of mediation.

            (7) Nothing in this section prevents the parties from adopting a written mediation procedure other than that provided in this section.

            (8) If the parties have a mediation procedure, they shall follow that procedure.

Amended by Chapter 224, 2000 General Session