If bargaining and mediation have failed to result in a final agreement, either or both parties may petition for fact finding. The nuetral fact finder, following statutory process described below, will issue a non-binding recommendation for settlement of the contractual dispute. Since strikes are prohibited in the public sector, fact finding is the final impasse resolution procedure available to public sector employees, except for public safety personnel who are subject to Act 312 arbitration.
Under section 25 of the Labor Mediation Act, either party may initiate the fact finding process, or the Commission, on its own motion, may do so. The petition for fact finding should be on a commission-approved form. Commission rules require that an answer to the petition be filed and served on the other party.
After petition is filed and docketed, the Commission will appoint a fact finder from its panel of neutrals, who will conduct a hearing relating to all of the facts in the dispute. The hearing will be conducted in public, unless otherwise directed by the fact finder. the purpose of the hearing is to permit the parties to present facts and witnesses in support of their positions. No formal record is made of the proceedings; however, post-hearing briefs are often filed. Ultimately, the fact finder will issue written recommendations on those contract provisions in dispute. The value of fact finding is that after a formal hearing, the parties receive an objective and professional evaluation of the bargaining positions. While the fact finder's report is not binding, the parties may accept his or her recommendations in whole or in part. Parties often return to negotiations or mediation after fact finding and are frequently able to resolve their differences.
Fact Finding Hearings for NWEA -vs- NWCSBOE is on August 20 & 21, 2009.
This public meeting is scheduled to take place at Kidder Middle School, tentatively for 10AM (confirmation will soon follow). NWEA members are asked to attend...this is your chance to hear the FACTS from both sides.
September 21, 2009 - Briefs are due.
October 21, 2009 - Fact Finder Report due.
