2010 Tennessee Code
Title 49 - Education
Chapter 5 - Personnel
Part 6 - Education Professional Negotiations Act
49-5-613 - Mediation and arbitration.

49-5-613. Mediation and arbitration.

(a)  Following reasonable efforts to reach agreement, either the board of education or the recognized professional employees' organization may, upon written notification to the other, request the services of the federal mediation and conciliation service. If such service is not available at a time agreeable to the requesting party, a mediator shall be selected by a three-member panel consisting of one (1) person selected by the board of education, one (1) person selected by the recognized professional employees' organization and one (1) person to serve as chair selected by these two (2) persons. The mediator shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, and shall take such other steps as the mediator deems appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator shall not, without the consent of both parties, make findings of fact or recommend terms of settlement. The costs of the services of the mediator appointed by the panel shall be borne by the party requesting the mediator.

(b)  If the mediator is unable to bring the parties to agreement, either party may, by written notification to the other, request that their differences be submitted to fact-finding advisory arbitration. Either party may request the American Arbitration Association to designate an arbitrator. The arbitrator so designated shall not, without the consent of both parties, be the same person who was appointed mediator pursuant to subsection (a).

(c)  The arbitrator shall meet with the parties or their representatives, or both, either jointly or separately, make inquiries and investigations, hold hearings and shall take such other steps as the arbitrator deems appropriate. For the purpose of the hearings, investigations and inquiries, the arbitrator shall have the power to issue subpoenas requiring the attendance and testimony of witnesses or the production of evidence. The several departments, commissions, divisions, authorities, boards, bureaus, agencies and officers of the state or any political subdivisions or agencies thereof, including the board of education, shall furnish the arbitrator, upon the arbitrator's request, all records, papers and information in their possession relating to any matter under investigation by or in issue before the arbitrator. If the dispute is not settled prior thereto, the arbitrator shall make findings of fact and recommend terms of settlement, which recommendations shall be advisory only, and shall be made within thirty (30) calendar days after the arbitrator's appointment. Any findings of fact or recommended terms of settlement shall be submitted in writing to the parties. The arbitrator has the discretion to make such findings and recommendations public, and either the board of education or the professional employees' representative may make such findings and recommendations public if no agreement is reached within ten (10) calendar days after their receipt from the arbitrator. Upon completion of the processes of mediation, fact-finding and advisory arbitration, this part stipulates no additional recourses or actions. The costs for the services of the arbitrator shall be borne by the party requesting the arbitrator.

[Acts 1978, ch. 570, § 14; T.C.A., § 49-5513.]