Section 296-133-280. Impasse-determination.

Whenever either a health care activities employer or the exclusive bargaining representative of the bargaining unit of such health care activity are of the opinion that an impasse has arisen between the parties in the process of collective bargaining, either party may request the department in writing to determine whether an impasse exists in the collective bargaining process.

For the purpose of these rules and supplementary to section 9 of the act, an impasse in the collective bargaining process will be presumed to have been reached when the parties have not agreed upon a collective bargaining contract and an issue or issues remain upon which neither party is willing to agree, nor make in good faith concessions or make further concessions in good faith, nor agree upon any good faith proposal nor make further proposals in good faith for the settlement of any issue remaining unresolved.

For the purpose of these rules and supplementary to the act, the terms "collective bargaining" means the performance of the mutual obligations of the employer and the bargaining representative of the employees to meet at reasonable times, to confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiations of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached, but such obligation does not compel either party to agree to a proposal or require the making of a concession.

In any case in which the department is requested to determine whether an impasse has been reached in the collective bargaining process, the authorized agent shall request the parties representing the employer, and the parties representing the exclusive bargaining representative in the negotiations to meet and confer with the authorized agent for the purpose of an informal hearing conference to enable a determination of the facts to be made as to whether an impasse has been reached in the collective bargaining process. For that purpose the authorized agent may take evidence and testimony under oath. If the authorized agent determines that an impasse has been reached in the collective bargaining process, he shall forthwith enter findings and conclusions forming the basis of his belief that an impasse has been reached and setting forth therein the specific issues remaining unresolved between the parties which constitute the impasse accompanied by an order declaring an impasse and ordering the parties to forthwith choose and impanel a board of arbitrators pursuant to the provisions of section 9 of the act. Which order shall further require the parties to furnish copies of the authorized agent's findings and conclusions and order declaring an impasse to each member of the panel of arbitrators for their guidance upon the subject of the issues remaining unresolved constituting the impasse.

If an impasse is found not to have been reached in the process of collective bargaining, the authorized agent shall enter findings and conclusions and order the parties to resume the process of collective bargaining.

[Order 72-13, § 296-133-280, filed 7/31/72.]

Order 72-13, § 296-133-280, filed 7/31/72.