Theodore R. McKeldin, Governor                     53

ERS, CONTRACTS, AGREEMENTS AND DOCUMENTS AS MAY
BE DEEMED BY THE EMERGENCY BOARD MATERIAL TO
A JUST DETERMINATION OF THE ISSUES IN DISPUTE AND
MAY FOR SUCH PURPOSE ISSUE SUBPOENAS. IF ANY
PERSON SHALL FAIL TO OBEY SUCH SUBPOENA OR SHALL
REFUSE TO BE SWORN OR TESTIFY, OR ANY WITNESS,
PARTY OR ATTORNEY IS GUILTY OF ANY CONTEMPT
WHILE ATTENDING ANY HEARING HELD HEREUNDER,
THE EMERGENCY BOARD MAY, OR THE ATTORNEY GEN-
ERAL OF THE STATE, AS REQUESTED BY THE SAID BOARD,
SHALL ON ITS BEHALF INVOKE THE AID OF ANY CIRCUIT
COURT WITHIN THE JURISDICTION OF WHICH THE HEAR-
ING IS BEING HELD AND SUCH COURT SHALL HAVE JURIS-
DICTION TO ISSUE AN APPROPRIATE ORDER. ANY FAIL-
URE TO OBEY SUCH ORDER MAY BE PUNISHED BY THE
COURT AS A CONTEMPT THEREOF. THE RULE OF EVI-
DENCE APPLICABLE IN JUDICIAL PROCEEDINGS SHALL
NOT BE BINDING UPON THE SAID BOARD; PROVIDED,
HOWEVER, THAT PRIOR NEGOTIATIONS OF THE PARTIES
SHALL NOT BE RECEIVED IN EVIDENCE IN ANY MANNER,
EXCEPT BY STIPULATION OF THE PARTIES.

(4)  IT SHALL BE THE DUTY OF SAID BOARD TO MAKE
WRITTEN FINDINGS OF FACT AND PROMULGATE A WRIT-
TEN DECISION AND ORDER UPON THE ISSUE OR ISSUES
PRESENTED IN EACH CASE. IN MAKING SUCH FINDINGS
SAID BOARD SHALL CONSIDER ONLY THE EVIDENCE IN
THE RECORD. WHEN A VALID CONTRACT IS IN EFFECT,
DEFINING THE RIGHTS, DUTIES AND LIABILITIES OF THE
PARTIES WITH RESPECT TO ANY MATTER IN DISPUTE,
SAID BOARD SHALL HAVE POWER ONLY TO DETERMINE
THE PROPER INTERPRETATION AND APPLICATION OF
THE CONTRACT PROVISIONS WHICH ARE INVOLVED IN
SAID DISPUTE.

(5)  WHERE THERE IS NO VALID CONTRACT BETWEEN
THE PARTIES OR WHERE THERE IS A CONTRACT, BUT THE
PARTIES HAVE BEGUN NEGOTIATIONS LOOKING TO A
NEW CONTRACT, OR AN AMENDMENT TO AN EXISTING
CONTRACT AND WAGE RATES, HOURS OR OTHER CONDI-
TIONS OF EMPLOYMENT UNDER THE PROPOSED NEW OR
AMENDED CONTRACT ARE IN DISPUTE, THE FACTORS
AMONG OTHERS TO BE CONSIDERED BY SAID BOARD IN
ARRIVING AT A DECISION SHALL INCLUDE:

(I)  THE INTERESTS AND WELFARE OF THE PUBLIC.

(II)   COMPARISON OF THE WAGES, HOURS AND CONDI-
TIONS OF EMPLOYMENT OF THE EMPLOYEES INVOLVED
IN THE ARBITRATION PROCEEDINGS, AND THE WAGES,
HOURS AND CONDITIONS OF EMPLOYMENT OF EM-
PLOYEES DOING THE SAME, SIMILAR OR COMPARABLE
WORK OR WORK REQUIRING THE SAME, SIMILAR OR COM-
PARABLE SKILLS AND EXPENDITURE OF ENERGY AND
EFFORT, GIVING CONSIDERATION TO SUCH FACTORS AS
ARE PECULIAR TO THE INDUSTRY INVOLVED.

(III)  COMPARISON OF WAGES, HOURS AND CONDITIONS
OF EMPLOYMENT AS REFLECTED IN INDUSTRIES IN GEN-