REQUEST FOR ARBITRATION; AGREEMENT TO ARBITRATE

(a) Except as provided by Sections 174.1535 and 174.165 and Subchapter E-1, a public employer or an association that is a bargaining agent may request the appointment of an arbitration board if: (1) the parties: (A) reach an impasse in collective bargaining; or (B) are unable to settle after the appropriate lawmaking body fails to approve a contract reached through collective bargaining; (2) the parties made every reasonable effort, including mediation, to settle the dispute through good-faith collective bargaining; and (3) the public employer or association gives written notice to the other party, specifying the issue in dispute. (b) A request for arbitration must be made not later than the fifth day after: (1) the date an impasse was reached under Section 174.152; or (2) the expiration of an extension period under Section 174.152. (c) An election by both parties to arbitrate must: (1) be made not later than the fifth day after the date arbitration is requested; and (2) be a written agreement to arbitrate. (d) A party may not request arbitration more than once in a fiscal year.