[ Chapter 23C effective until November 12, 2007. Repealed by 2007, 145, Sec. 6. See 2007, 145, Sec. 9.]
[ Text of section effective until November 12, 2007. Repealed by 2007, 145, Sec. 6. See 2007, 145, Sec. 9.]
Section 4. The chairman and two other members shall constitute the board of conciliation and arbitration. The chairman shall be the neutral member of said board. One of the other members shall be a representative of labor, and one a representative of the employers of labor. The representatives of labor and the representatives of the employers shall be appointed by the chairman to serve on a case-by-case basis for grievance arbitrations. Prior to the appointment of said representatives, the chairman shall consult with the union and employer involved in the case and request their recommendation as to whether each wants a representative to sit on the case and if so, the representative who they recommend represent their interests on the board.
Notwithstanding any general or special law to the contrary, the chairman of the board may designate the neutral member of the board, the chairman, to act with full power of the board in the following situations: (1) as a single arbitrator in grievance arbitration of a public or private sector dispute arising under a collective bargaining agreement, (2) as a single neutral arbitrator, on any other type of grievance, dispute, or matter which the board would be required or have the authority to arbitrate under the terms of any general or special law, or provision in a collective bargaining agreement, (3) as a single member of the board on any matter not mentioned in (1) or (2) above which the board would be required or have the authority to hear, act on, or decide under the terms of any general or special law, or provision in a collective bargaining agreement. Notwithstanding any general or special law to the contrary, in the arbitration of a grievance arising under a public or private collective bargaining agreement, the chairman of the board may appoint a nonmember to act as a temporary neutral member of the board, or to act as the single neutral arbitrator with the full power of the board.