2000 Legislation
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SENATE BILL NO. 1441 – Employee, state, arbitration


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S1441.......................................by COMMERCE AND HUMAN RESOURCES
EMPLOYEES - ARBITRATION - Amends existing law to provide an arbitration
option for appeals of certain proceedings by classified employees; to
provide that arbitrations may not be appealed; to provide for selection of
arbitrators; to provide that costs will be paid by the state; to provide
for representation; and to provide procedures.
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Com/HuRes

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1441
  1                                        AN ACT
  7        PROCEDURES.
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION 1.  That Section 67-5316, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
 11        67-5316.  APPEAL PROCEDURE. (1) Appeals shall be limited to the following:
 12        (a)  Any  classified  employee who has successfully completed the entrance
 13        probationary period may, after completing  the  departmental  due  process
 14        procedure, appeal a disciplinary dismissal, demotion or suspension.
 15        (b)  Any  classified employee may, after completing the departmental prob-
 16        lem solving procedure, appeal the failure of an  appointing  authority  to
 17        provide a right and/or benefit to which the employee is entitled by law.
 18        (c)  Any  interested  person may  appeal any  decision or  action taken by
 19        the  administrator  of the division of human resources or the staff of the
 20        division of human resources in the performance of their official duties.
 21        (d)  Any interested person may appeal any other  matters  as  may  now  or
 22        later be assigned to the personnel commission by law.
 23        (2)  The decision or action of the appointing authority shall be final and
 24    conclusive  unless  a  classified  employee files an appeal within thirty-five
 25    (35) days after completing the departmental problem  solving  or  due  process
 26    procedure  concerning  the  actions referred to in subsection (1)(a), (b), (c)
 27    and (d) of this section. A decision of the administrator shall  be  final  and
 28    conclusive  as to any other interested person unless an appeal is filed within
 29    thirty-five (35) days of written notice of that decision.
 30        (3)  (a)  The commission shall assign the matter for  hearing  to  a  duly
 31        appointed hearing officer, who may be a member of the commission.
 32        (b)  As  an alternative to assignment by the commission to a hearing offi-
 33        cer, a classified employee who has satisfied the conditions of  subsection
 34        (1)(a) of this section may appeal a decision affirming a disciplinary dis-
 35        charge,  demotion,  or suspension by choosing to pursue arbitration. Arbi-
 36        tration is final and binding. An employee who chooses  arbitration  waives
 37        the  right  to appeal the decision of the arbitrator. Arbitrators shall be
 38        chosen from a list of seven (7)  qualified  arbitrators  obtained  from  a
 39        nationally recognized arbitration association by the personnel commission.
 40        The parties shall choose an arbitrator by agreeing to a certain arbitrator
 41        on  the  list,  or  if the parties cannot agree, by process of elimination
 42        where the parties alternatively reject candidate  arbitrators  until  only
 43        one (1) candidate arbitrator remains. Only one (1) list of seven (7) arbi-
  1        trators  shall  be  offered by the personnel commission and the arbitrator
  2        for the appeal must be chosen from that list. Costs of  arbitration  shall
  3        be  paid by the state. An employee choosing arbitration may be represented
  4        in that proceeding by anyone of their choice.
  5        (4)  Where the action in dispute was the discharge, demotion,  or  suspen-
  6    sion,  upon  determination  that proper cause did not in fact exist within the
  7    definitions set forth in section 67-5309(n), Idaho Code, or  that  the  action
  8    was  taken by reason of illegal discrimination, the commission, or the hearing
  9    officer or arbitrator shall order the reinstatement of  the  employee  in  the
 10    same  position  or  a position of like status and pay, with or without loss of
 11    pay for the period of discharge, demotion, or suspension, or  may  order  such
 12    other  remedy  as  may  be determined to be appropriate. In all other disputed
 13    matters, the commission, and the hearing officer or arbitrator may order  such
 14    action as may be appropriate.
 15        (5)  Process  and  procedure under this act shall be as summary and simple
 16    as reasonably may be. The hearing officer appointed by the commission  or  the
 17    arbitrator  chosen  by the parties shall have the power to subpoena witnesses,
 18    administer oaths, and examine such of the books and records of the parties  to
 19    a  proceeding  as relate to the questions in dispute. A verbatim record of the
 20    proceedings at hearings before the commission, or a hearing officer  or  arbi-
 21    trator  shall  be  maintained  either by electrical devices or by stenographic
 22    means, as the commission, or hearing officer or arbitrator may direct, but  if
 23    any party to the action requests a stenographic record of the proceedings, the
 24    record  shall  be  done  stenographically.  The requesting party shall pay the
 25    costs of transcribing the proceedings; provided, that in  arbitrations,  costs
 26    shall be paid by the state. The district court, in and for the county in which
 27    any proceedings before the Idaho personnel commission are held, shall have the
 28    power  to  enforce  by proper proceedings the attendance and testimony of wit-
 29    nesses, and production and examination of books, papers, and records.
 30        (6)  If the parties reach an agreement in regard to the  matters  of  dis-
 31    pute, a memorandum of the agreement shall be filed with the commission and, if
 32    approved by it, the memorandum shall be enforceable for all purposes.
 33        (7)  The  hearing  officer  or arbitrator shall give written notice of the
 34    time and place of hearing, either by personal service or by mail.  Service  by
 35    mail  shall  be deemed complete when a copy of such notice is deposited in the
 36    United States post office, with postage prepaid, addressed to a  party's  last
 37    known address, as shown in the records and files of the commission. An affida-
 38    vit of personal service shall be filed by the person making the same.
 39        (8)  The hearing officer to whom the matter has been assigned or the arbi-
 40    trator  chosen to decide the matter shall make such inquiry and investigations
 41    as shall be deemed necessary. The hearings shall be held in such place as  the
 42    hearing officer or arbitrator may designate. The decision of the hearing offi-
 43    cer or arbitrator, consisting of such findings of fact, conclusions of law and
 44    orders as are necessary, together with the record of the proceedings, shall be
 45    filed  in  the office of the Idaho personnel commission. A copy of the hearing
 46    officer's or arbitrator's decision shall be immediately sent to the parties by
 47    United States mail. The decision of the  hearing  officer  or  the  arbitrator
 48    shall  be  final  and  conclusive  between  the parties, unless a petition for
 49    review is filed with the commission within thirty-five (35) days. The petition
 50    for review shall specifically cite the alleged errors of fact or law  made  by
 51    the hearing officer or the arbitrator. The decision of the arbitrator is final
 52    and conclusive, and is not subject to review.
 53        (9)  Any  party  in interest may file in the district court for the county
 54    in which any party to the proceedings resides, a certified copy of  the  final
 55    decision  of the hearing officer or arbitrator, which the district court shall
  1    have the power to enforce by proper proceedings.
  2        (10) Where the decision  and  order  of  the  hearing  officer  arbitrator
  3    directed  the  reinstatement  of an employee, the employee shall be reinstated
  4    upon receipt of a copy of the decision. unless a petition for review is filed.
  5        (11) Where the decision and order of  the  hearing  officer  directed  the
  6    reinstatement of an employee, the employee shall be reinstated upon receipt of
  7    a copy of the decision unless a petition for review is filed.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE

The purpose of this legislation is to give state employees and 
state agencies the opportunity to have an inexpensive and rapid 
way to resolve due process personnel procedures. This would help 
eliminate cumbersome and expensive court procedures.

                     FISCAL NOTE

No fiscal impact to the state General Fund. Savings by the Division 
of Human Resources (funded with dedicated funds) are possible if 
reductions in court costs outweigh the higher hourly rate paid to 
arbitrators. The Division of Human Resources currently spends $66,000 
a year on hearing officers. These funds would instead pay for an 
arbitrator for employees choosing arbitration over the Personnel 
Commission/hearing officer process.

Name: Warren Lundquist
Phone: 343-1038

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1441