Section 801 – Mediation of contract negotiations.

Effective 5/14/2019
53E-6-801. 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.

• (2) The party declaring the impasse may request the state superintendent 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 186, 2019 General Session