WILLIAM DONALD SCHAEFER, Governor

Ch. 561

(II) IF THE COMMISSION AND THE EMPLOYEE ORGANIZATION ARE
UNABLE TO MUTUALLY AGREE ON THE SELECTION OF A MEDIATOR, THE LABOR
RELATIONS ADMINISTRATOR SHALL SELECT THE MEDIATOR.

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

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

(I)      THE COMMISSION AND THE 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 THE EMPLOYEE ORGANIZATION FROM A LIST SUPPLIED BY THE
AMERICAN ARBITRATION ASSOCIATION OR THE FEDERAL MEDIATION AND
CONCILIATION SERVICE.

(3)      IF AGREEMENT CANNOT BE REACHED ON THE SELECTION OF A
FACT FINDER, THE FACT FINDER SHALL BE SELECTED BY THE LABOR RELATIONS
ADMINISTRATOR.

(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 COMMISSIONER 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 THE EMPLOYEE ORGANIZATION SHALL
SHARE EQUALLY THE COSTS OF THE FACT FINDER.

(M) (1) THE COMMISSION AND AN EMPLOYEE ORGANIZATION CERTIFIED
AS EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT SHALL EXECUTE A
COLLECTIVE BARGAINING AGREEMENT INCORPORATING ALL MATTERS OF
AGREEMENT ON WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT.

(2)      IF A COLLECTIVE BARGAINING AGREEMENT PROVIDES FOR A
GRIEVANCE PROCEDURE, THAT GRIEVANCE PROCEDURE SHALL BE THE SOLE
PROCEDURE FOR EMPLOYEES IN THE BARGAINING UNIT.

(3)      THE COLLECTIVE BARGAINING AGREEMENT MAY INCLUDE AN
AGENCY SHOP OR OTHER UNION SECURITY PROVISION.

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