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Session Laws, 1999
Volume 796, Page 2211   View pdf image
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3-595.

(A) IF, AFTER A REASONABLE PERIOD OF MEDIATION, NO AGREEMENT HAS
BEEN REACHED OR THE PARTIES ARE AT
AN IMPASSE, EITHER PARTY OR BOTH
PARTIES MAY PETITION THE BOARD TO INITIATE FACT FINDING.

(B) (1) ON RECEIPT OF A PETITION FROM THE PARTIES OR ON ITS OWN
MOTION, THE BOARD MAY:

(I) FIND THAT AN IMPASSE EXISTS;

(II) DEFINE THE AREA OR AREAS OF DISPUTE;

(III) ORDER THAT FACT FINDING BEGIN; AND

(IV) NOTIFY THE PARTIES THAT, WITHIN 5 DAYS AFTER RECEIVING
THE ORDER, THE PARTIES SHALL
SELECT THE FOLLOWING THREE FACT FINDERS
FROM THE LIST OF CERTIFIED FACT FINDERS PROVIDED BY THE BOARD
:

1. EACH PARTY SHALL SELECT ONE FACT FINDER; AND

2. THE PARTIES JOINTLY SHALL SELECT THE THIRD FACT

FINDER.

(2) IF, WITHIN 5 DAYS AFTER RECEIVING THE ORDER, THE PARTIES FAIL
TO AGREE ON A FACT FINDER A
S DIRECTED, THE BOARD SHALL DESIGNATE THE
FACT FINDER FROM THE LIST.

(3) THE FACT FINDER WHO IS JOINTLY SELECTED BY THE PARTIES OR
DESIGNATED BY THE BOARD SHALL BE CHAIRMAN OF THE PANEL.

(C) (1) AT A HEARING, EACH PARTY SHALL SUBMIT TO THE PANEL A
POSITION ON EACH ISSUE IN DISPUTE.

(2) (I) AFTER CONDUCTING HEARINGS, THE FACT FINDING PANEL
SHALL MAKE WRITTEN FINDINGS OF FACT AND RECOMMENDATIONS FOR
RESOLUTION OF THE IMPA
SSE.

(II) AS TO EACH ISSUE, THE PANEL MAY RECOMMEND ONLY THE
LAST POSITION ADVOCATED BY EITHER ONE OF THE PARTIES AND MAY NOT
RECOMMEND ANY OTHER POSITION AS A COMPROMISE.

(3) NOT LATER THAN 30 DAYS AFTER THE PANEL IS APPOINTED, THE
PANEL SHALL SEND FINDING
S TO THE PARTIES AND SEND A COPY TO THE BOARD.

(4) THE FACT FINDING PANEL SHALL BASE ITS FINDINGS AND
RECOMMENDATIONS ON THE FOLLOWING FACTORS;

(I) PAST COLLECTIVE BARGAINING CONTRACTS BETWEEN THE
PARTIES INCLUDING THE BARGAINING HISTORY THAT LED TO THO
SE CONTRACTS;

(II) STIPULATIONS OF THE PARTIES;

(III) THE INTERESTS AND WELFARE OF THE PUBLIC;

 

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Session Laws, 1999
Volume 796, Page 2211   View pdf image
 Jump to  
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