How an emergency board is chosen

Following receipt of a notice of impasse from either party as specified in section 381-3, the director of labor and industrial relations shall forthwith request each of the parties to designate in writing within five days a person to serve as a member of an emergency board. The designation shall be filed in writing with the director. The person designated by the public utility employer shall not be an officer or director of the company or other person normally acting in an official capacity with the utility, and the person named by the employees shall not be an employee of the utility or a representative of its employees. The two persons so appointed shall within three days select an impartial person to serve with them on the emergency board. The third person so selected shall act as chairperson. If either the public utility employer or the employees fail to designate a member of the board, or if the two designated members fail to agree upon a third, the governor shall, within twelve days after the director has requested the parties to appoint members to the board, appoint such member or members. Members of the board shall receive compensation at the rate of $15 for each day actually spent by them in the work of the board, together with necessary travel and subsistence expense. Payment shall be made by the director out of funds made available to the department of labor and industrial relations, and upon request of the board the department shall furnish necessary stenographic services.