Fact Finding. A. If the mediation described above has failed to bring about agreements on any of the issues submitted for mediation, only the issues which remain in dispute will be submitted to a Fact Finder.
B. In the event that the negotiating parties are unable to agree on a Fact Finder, the Fact Finder will be selected in the same manner as provided in the Mediation Section.
C. The Fact Finder will have the authority to hold hearings and make procedural rules.
D. The format, dates and times of meetings will be arranged by the Fact Finder. All meetings by the Fact Finder will be closed to the press. Releases to the media will be made jointly.
E. Within fifteen (15) days after the conclusion of such hearings by the Fact Finder, the Fact Finder will submit a report in writing to the Board Representative and the Association Representative only. Said report will set forth his findings of fact, reasoning, and recommendations on the issues submitted. The report will be advisory only and binding on neither the Board Representative nor the Association Representative.
F. Within ten days after receiving the report of the Fact Finder, the Board Representative and Association Representative will meet to discuss the findings of the Fact Finder. This meeting is a continuation of the negotiations process. This meeting is closed to the press. News releases made after fact finding and prior to this meeting will be made jointly.
G. The respective parties will take official action on the report of the Fact Finder no later than ten (10) days after the meeting or meetings described above.
H. To the extent that tentative agreement is reached on the issues in dispute as a result of such fact finding, the procedures described and provided for under Adopting Recommendations will apply.
I. The cost for the services of the Fact Finding will be shared equally by the District and the Association.
X. Xxxxxx party may request that an official stenographic record of the testimony taken at the fact-finding hearings be made and a copy of any transcript will be provided to the Fact Finder. The party requesting a stenographic record will pay the costs thereof, except that if the other party requests a copy of any transcript, it will share the entire cost of making the stenographic record.
Fact Finding. 4.3.5.1 If the mediation described above has failed to bring about agreement on all issues, either the District or the Association may request in writing that the issues which remain in dispute be submitted to a fact finder.
4.3.5.2 Representatives of the parties shall meet within three (3) days of the other party’s receipt of such request to discuss the selection of a fact finder. If a fact finder cannot be mutually agreed upon, a fact finder shall be selected in accordance with the procedures set forth in Article 4.3.3 above for selection of a mediator.
Fact Finding. (i) Fact-Finding is initiated by a written notice to the employee's Manager by a SPEA representative specifying the existence of a potential grievance, and requesting a meeting. A brief outline of the problem or dispute will also be provided on the notice. Alternatively, SPEA may opt at this point to submit a standard grievance form, with a full outline of the complaint and remedy requested (as per (iv) below). In this case, the Company shall have the option of requesting Fact-Finding, or going directly to a Step 1 hearing, as provided for in (c) below.
(ii) Within four (4) days of notification, a Fact-Finding Hearing shall be held, with participation by the employee(s) concerned, a SPEA Representative and the Manager. The purpose of the Hearing is to allow both sides to ascertain the facts underlying the dispute or controversy and arrive at a mutually acceptable resolution if possible. Representatives from the SPEA Grievance Committee and Human Resources may attend to facilitate the discussion. If requested by the employee, the SPEA Representative will present the employee's side of the dispute.
(iii) If the dispute has not been satisfactorily resolved within six (6) days of the Fact-Finding Hearing, SPEA may submit the dispute as a formal Grievance at Step 1. This is done by filing a standard grievance form, or if one has already been submitted, by submitting a written request to proceed to Step 1 to Human Resources.
(iv) The Grievance Statement should include the date of the events giving rise to the Grievance, the names of any persons involved, the nature of the Grievance, the Article of the Agreement allegedly violated, other relevant facts and remedial action requested. The grievance forms shall be signed by the employee and the SPEA representative, and then presented to Human Resources.
Fact Finding. 5.5.1 If the mediation described in Section 5.4 has not resulted in tentative agreement on all issues, the Board or the Association may terminate mediation and direct that the issues, which remain in dispute, be submitted to fact finding. In the event that the parties are unable to agree on a fact finder, the fact finder shall be selected in the manner provided in Section 5.4 for selecting a mediator.
5.5.2 The fact finder shall have the authority to hold hearings, make procedural rules, call witnesses, and hear sworn testimony.
5.5.3 All hearings by the fact finder shall be held in closed session and no release of information concerning the progress of fact-finding shall be made to the public or the press except by or at the direction of the fact finder.
5.5.4 In the event that the fact finder shall elect to receive summary briefs of the position of each of the parties, such briefs shall be delivered to the fact finder no later than five (5) days following the last fact finding hearing. The fact-finding process shall be continuous from the date it begins unless otherwise agreed to by both parties. Should either party wish to submit a brief, a case may be presented to the fact finder. The fact finder will render a decision regarding the brief(s).
5.5.5 Within a reasonable time after the conclusion of fact finding hearings, but in no instance longer than 15 days, the fact finder shall submit a report in writing to the Board and the Association only and shall set forth his findings of fact, awards, recommendations and rationale on the issues submitted. His findings shall be advisory only and binding neither on the Board nor the Association.
5.5.6 Within five (5) days after receiving the report of the fact finder, the representatives of the parties shall meet to discuss the report. No releases of information shall be made to the public until after such meeting.
5.5.7 The respective parties shall take official action on the report of the fact finder no later than 15 days after the meeting described in Section 5.5.6 above.
5.5.8 To the extent that tentative agreement is reached on the issues in dispute as a result of such fact-finding, the procedures provided in Section 5.3.1 and 5.3.2 shall apply.
5.5.9 The costs for the service of the fact finder, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the Board and the Association.
Fact Finding. A procedure for resolving impasses will be developed by the board of education and the representatives of the organization. Said procedure shall include the actions set forth in this section and may include such other actions as are agreed to by both parties. Unless otherwise provided for by law, a day means calendar days. Time limits set forth herein may be extended by mutual agreement of the parties.
A. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time, either party may declare impasse. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member fact- finding committee. This committee shall consist of:
1. One member who shall be selected by the representatives of the organization within five (5) days after the reaching of impasse;
2. One member who shall be selected by the local board of education within five (5) days after the reaching of impasse; and
3. One member who shall serve as chairperson of the committee and shall be selected as follows:
a) The State Board of Education shall appoint as fact-finders not less than twenty nor more than thirty persons to be placed on the State Superintendent’s list of fact-finders. The appointees must reside in Oklahoma, must be neutral and unbiased and must be knowledgeable in the fields of school operations, school finance, personnel management, dispute resolution and hearing procedures. The appointees shall not currently be elected public officers or employees of a board of education or officers or employees of an organization of education employees. No person who is related with the second degree by consanguinity or affinity to an elected public officer, to an employee of the local board of education that is involved in the impasse, or to an employee of an organization of education employees shall be eligible to serve as a fact-finder.
b) An appointee shall serve until such appointee resigns or is removed by the State Board of Education from the State Superintendent’s list of fact-finders. An appointee must be removed immediately if he or she becomes an elected public officer or employee of a board of education or an officer or employee of an organization of education employees.
c) Within ten (10) days of being notified that a fact-finder is needed, the State Superintendent of Public instruction or designee shall provide the names of five potential fact-finders selected at random from the list of appointees who are ...
Fact Finding. 1: Fact-finding is defined as the actions of a third party to hear and study the issues in question and to logically and accurately describe the facts and positions of the parties and to make written recommendation for resolution of the dispute.
Fact Finding. In the event the parties are unable to reach agreement through negotiation, facilitation or mediation with regard to one of the topics of negotiation, then the dispute may be submitted to advisory fact-finding by either party.
Fact Finding. 5-7-1 The parties may mutually agree to select a Fact Finder in the manner provided in Section 5-6 for selecting a mediator. If the mediation described in Section 5-6 fails to bring about agreement on all issues, either the Board or the Association may request that the issues which remain in dispute be submitted to a Fact Finder.
Fact Finding. If the mediation procedure described above has failed to bring about agreement on all issues, either party acting through their representative may request in writing that the issues which remain in dispute be submitted to an advisory fact-finder. Unless the parties agree otherwise, the method of selection of the fact-finder shall be the same as that for the selection of a mediator as described in Section B-6.1.1 through B-
Fact Finding. If the parties fail to resolve the dispute through mediation, the parties may agree to submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other mutually incurred costs shall be mutually shared by the District and OCEA.
