Any employee organization, employer, or arbitrator may request the board to determine the scope of collective bargaining if

1. (1) during the course of collective negotiations one party seeks to negotiate with respect to a matter or matters which the other party contends is not a mandatory subject for collective negotiations or
2. (2) one party seeks to submit a matter to a fact finder or binding interest arbitrator which the other party contends is not a mandatory subject for collective negotiations or

3. (3) a party alleges that an illegal subject of bargaining is improperly submitted to a grievance arbitrator.

   A request for such a determination shall be submitted to the board in the same form as a request for a declaratory ruling and shall be subject to the same procedure. If such a request has the effect of delaying negotiations or arbitration, the board shall make every effort to expedite the proceeding.

(Effective May 7, 1980)