LD 1123
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LR 1940
Item 1

 
2.__Contract signed after October 1, 2005.__If a contract between
a public employer and a bargaining agent signed after October 1, 2005
expires prior to the parties' agreement on a new contract, the grievance
arbitration provisions of the expired contract remain in effect until the
parties execute a new contract.__In any arbitration that is conducted
pursuant to this subsection, an arbitrator shall apply only those
provisions enforceable by virtue of the static status quo doctrine and
may not add to, restrict or modify the applicable static status quo
following the expiration of the contract, unless the parties have
otherwise agreed in the collective bargaining agreement.__All such
grievances that are appealed to arbitration are subject exclusively to
the grievance and arbitration process contained in the expired agreement,
and the board does not have jurisdiction over such grievances.__The
arbitrator's determination is subject to appeal pursuant to the Uniform
Arbitration Act.__Disputes over which provisions in an expired contract
are enforceable by virtue of the static status quo doctrine first must be
resolved by the board, subject to appeal pursuant to applicable law.__The
grievance arbitration is stayed pending resolution of this issue by the
board.__The board may adopt rules as necessary to establish a procedure
to implement the intent of this section.__Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter
375, subchapter 2-A.__Nothing in this subsection expands, limits or
modifies the scope of any grievance arbitration provisions, including
procedural requirements.


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