00CS FOR HOUSE BILL NO. 224(HES)                                                                                        
01 "An Act requiring a public employee labor organization representing employees                                           
02 of a school district, regional educational attendance area, or a state boarding                                         
03 school to give notice before striking."                                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 23.40.200(c) is amended to read:                                                                  
06  (c)  The class in (a)(2) of this section is composed of public utility, snow                                          
07 removal, sanitation, and educational institution employees other than employees of a                                    
08 school district, a regional educational attendance area, or a state boarding school.                                    
09 Employees in this class may engage in a strike after mediation, subject to the voting                                   
10 requirement of (d) of this section  and to the notice requirement in (g) of this                                       
11 section , for a limited time.  The limit is determined by the interests of the health,                                 
12 safety, or welfare of the public.  The public employer or the labor relations agency                                    
13 may apply to the superior court in the judicial district in which the strike is occurring                               
14 for an order enjoining the strike.  A strike may not be enjoined unless it can be shown                                 

01 that it has begun to threaten the health, safety, or welfare of the public.  A court, in                                
02 deciding whether or not to enjoin the strike, shall consider the total equities in the                                  
03 particular class.   In this subsection, "total  ["TOTAL] equities" includes not only the                              
04 impact of a strike on the public but also the extent to which employee organizations                                    
05 and public employers have met their statutory obligations.  If an impasse or deadlock                                   
06 still exists after the issuance of an injunction, the parties shall submit to arbitration to                            
07 be carried out under AS 09.43.030.                                                                                      
08    * Sec. 2.  AS 23.40.200(d) is amended to read:                                                                     
09  (d)  The class in (a)(3) of this section includes all other public employees who                                      
10 are not included in the classes in (a)(1) or (2) of this section.  Employees in this class                              
11 may engage in a strike  after giving the notice required by (g) of this section  if a                                 
12 majority of the employees in a collective bargaining unit vote by secret ballot to do                                   
13 so.  However, if an impasse or deadlock is reached in collective bargaining                                             
14 negotiations between a municipal school district, a regional educational attendance                                     
15 area, or a state boarding school and its employees, the parties shall submit to advisory                                
16 arbitration before the employees may engage in a strike.  The arbitrator selected to                                    
17 conduct the advisory arbitration must be a member of the American Arbitration                                           
18 Association Panel of Labor Arbitrators or the Federal Mediation and Conciliation                                        
19 Service.  In selecting the arbitrator, the parties shall request a list of arbitrators who                              
20 have knowledge of and recent experience in the local conditions in the school district,                                 
21 regional educational attendance area, or state boarding school.  A list containing at                                   
22 least five nominees who meet the qualifications of this subsection is a complete list                                   
23 for the purpose of striking names and selecting the arbitrator.                                                         
24    * Sec. 3.  AS 23.40.200 is amended by adding a new subsection to read:                                             
25  (g)  Before employees of a school district, a regional educational attendance                                         
26 area, or a state boarding school may engage in a strike under this section, the labor                                   
27 organization representing the employees shall give the employer written notice that the                                 
28 employees intend to strike.  The notice must be given at least 24 hours before the                                      
29 strike may begin.