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. |
Terms Used In Utah Code 53E-6-801
- Contract: A legal written agreement that becomes binding when signed.
- Local school board: means a board elected under 2. See Utah Code 53E-1-102
- School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State board: means the State Board of Education. See Utah Code 53E-1-102
- State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
| (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
