WILLIAM DONALD SCHAEFER, Governor

Ch. 561

(2) THIS SUBSECTION DOES NOT REQUIRE THE COMMISSION OR THE
EMPLOYEE ORGANIZATION TO AGREE TO ANY PROPOSAL OR TO MAKE ANY
CONCESSION.

(I) (1) A MEDIATOR MAY BE USED IN THE COLLECTIVE BARGAINING
PROCESS WHENEVER:

(I) THE COMMISSION AND EMPLOYEE ORGANIZATION AGREE TO

MEDIATION; OR

(II) AN IMPASSE RESULTS, AND THE COMMISSION OR THE
EMPLOYEE ORGANIZATION REQUESTS MEDIATION.

(2) THE MEDIATOR SHALL BE MUTUALLY SELECTED BY THE
COMMISSION AND EMPLOYEE ORGANIZATION FROM A LIST SUPPLIED BY THE
AMERICAN ARBITRATION ASSOCIATION OR THE FEDERAL MEDIATION AND
CONSOLIDATION SERVICE.

(3) THE COMMISSION AND EMPLOYEE ORGANIZATION SHALL SHARE
EQUALLY THE COSTS OF MEDIATION.

(J) (1) A FACT FINDER MAY BE USED IN THE COLLECTIVE BARGAINING
PROCESS WHENEVER:

(I) THE COMMISSION AND EMPLOYEE ORGANIZATION AGREE TO
FACT FINDING; OR

(II) AN IMPASSE RESULTS, AND THE COMMISSION OR THE
EMPLOYEE ORGANIZATION REQUESTS FACT FINDING.

(2) THE FACT FINDER SHALL BE MUTUALLY SELECTED BY THE
COMMISSION AND EMPLOYEE ORGANIZATION FROM A LIST SUPPLIED BY THE
AMERICAN ARBITRATION ASSOCIATION OR THE FEDERAL MEDIATION AND
CONSOLIDATION SERVICE.

(3) IF AGREEMENT CANNOT BE REACHED ON THE SELECTION OF A
FACT FINDER, THE FACT FINDER SHALL BE SELECTED UNDER THE RULES OF THE
ORGANIZATION THAT PROVIDED THE LIST.

(4) (I) THE FACT FINDER SHALL HOLD HEARINGS AND MAY
ADMINISTER OATHS.

(II) WITHIN 30 DAYS AFTER APPOINTMENT, THE FACT FINDER
SHALL GIVE TO THE COMMISSION AND THE EMPLOYEE ORGANIZATION A WRITTEN
REPORT WITH FINDINGS AND RECOMMENDATIONS TO RESOLVE THE IMPASSE.

(5) IF THE IMPASSE CONTINUES FOR 10 DAYS AFTER SUBMISSION OF
THE FACT FINDER'S REPORT, THE FACT FINDER SHALL MAKE THE REPORT
AVAILABLE TO THE PUBLIC.

(6) THE COMMISSION AND EMPLOYEE ORGANIZATION SHALL SHARE
EQUALLY THE COSTS OF THE FACT FINDER.

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