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Section 532 - Negotiability Appeal Proceedings

532.1 - Impasses and Negotiability Issues

If in connection with collective bargaining, an issue arises as to whether a proposal is within the scope of bargaining, the party presenting the proposal may file a negotiability appeal with the Board. If the Board determines that an impasse has occurred regarding noncompensation matters, and an issue of negotiability exists at the time of such impasse determination, the negotiability issue must be withdrawn or a negotiability appeal filed with the Board within five (5) days of the Board's determination as to the existence of an impasse. Except when otherwise ordered by the Board in its discretion, impasse proceedings shall not be suspended pending the Board's determination of a negotiability appeal.


532.2 - Negotiability Appeal - Contents

A negotiability appeal shall meet the requirements of Section 501 of these rules and shall include, in addition, the following:

(a) The name, title, address and telephone number of the chief negotiator for each party; and

(b) A statement of the negotiability issue(s), including a copy of the proposal(s) at issue and specific reference to any applicable statute, regulation(s) or collective bargaining agreement provisions.

(c) Any written communication from the other party to the negotiation asserting that a proposal is nonnegotiable.


532.3 - Negotiability Appeal - Filing

Except as provided in Subsection 532.1 of these rules a negotiability appeal shall be filed within thirty (30) days after a written communication from the other party to the negotiations asserting that a proposal is nonnegotiable or otherwise not within the scope of collective bargaining under the CMPA. A response to the negotiability appeal may be filed within fifteen (15) days after the date of service of the appeal.


532.4 - Action by Board

Upon the expiration of the period for filing the appeal and answer with the Board, the Executive Director shall refer the matter to the Board which shall expeditiously:

(a) Issue a written decision on the appeal and the answer, if any;

(b) Order the submission of written briefs and/or oral argument within no more than fifteen (15) days and promptly thereafter issue a written decision;

(c) Order a hearing, which may include briefs and arguments; or

(d) Direct the parties to informal mediation or conference with the Executive Director or any staff members or agents empowered to conduct informal mediation on the Board's behalf.


532.5 - Notice of Hearing

Notice of any hearing ordered pursuant to Section 532 of these rules shall be issued at least seven (7) days prior to the date of the hearing. The hearing shall be conducted in accordance with Sections 550 - 557 of these rules.