Common use of FACT FINDING PROCEDURES Clause in Contracts

FACT FINDING PROCEDURES. 1. If bargaining representative for the Board and Association are unable to reach tentative agreement on any or all bargaining issues by means of mediation an impasse shall exist and all remaining unresolved issues shall be referred to a three (3) member fact finding committee in accordance with applicable Oklahoma Statues. The parties may mutually agree to extend impasse deadlines. 2. The fact finding committee shall consist of (a) one (1) fact finder selected by the Association with written notice given to the Board within five (5) calendar days after the reaching of impasse; one (1) fact finder selected by the Board with written notice given to the Association within five (5) calendar days after the reaching of impasse. 3. The chairperson of the committee shall be selected from the State Superintendent of Public Instruction’s list of fact finders. The bargaining spokesperson for the Board and Association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction for a list of five (5) potential fact finders. 4. Within five (5) calendar days of receipt of the list provided by the State Superintendent of Public Instruction or designee, the fact finders selected by the Board and Association shall select the third fact finder. If unable to mutually agree upon a fact finder from the list of five (5) potential fact finders, the Board and Association fact finders shall execute a coin toss, the winner of which shall be first to strike one (1) name from the list of five (5), followed in like manner by the loser of the toss striking one (1) name and continuing in the same order until but one (1) name is left, such person to serve as chairperson of the three (3) member fact finding committee. 5. The Board shall be responsible for all expenses of its selected fact finder, as shall the Association for its selected fact finder. The Board and the Association shall share equally in the expenses of the chairperson and in all other expenses accruing from fact finding. 6. Within five (5) calendar days of the selection of the chairperson, Board and Association bargaining representatives shall meet to exchange written language stating their positions of the issues at impasse, and further, shall combine three copies each of their written language in a sealed packet for transmittal to the chairperson for committee distribution. 7. The chairperson shall schedule and hold an initial private meeting of the fact-finding committee, at which he/she shall open the sealed packet and make distribution of the respective parties’ written language on the issues. The committee shall conclude a “Fact Finding Committee Convention Agreement”, in which rulings shall be issued concerning: (1) the date, time, and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) post-hearing committee meetings and procedures; (6) pre and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standard of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the “Fact Finding Convention Agreement” shall be transmitted to the bargaining spokesperson for receipt no later than five (5) calendar days prior to the holding of the fact-finding hearing. 8. The committee shall schedule and hold the fact finding hearing within twenty (20) calendar days of the chairperson’s selection and within ten

FACT FINDING PROCEDURES. 1. If bargaining representative for the Board and Association are unable to reach tentative agreement on any or all bargaining issues by means of mediation an impasse shall exist and all remaining unresolved issues shall be referred to a three (3) member fact finding committee in accordance with applicable Oklahoma Statues. The parties may mutually agree to extend impasse deadlines. 2. The fact finding committee shall consist of (a) one (1) fact finder selected by the Association with written notice given to the Board within five (5) calendar days after the reaching of impasse; 9b0 one (1) fact finder selected by the Board with written notice given to the Association within five (5) calendar days after the reaching of impasse. 3. The chairperson of the committee shall be selected from the State Superintendent of Public Instruction’s list of fact finders. The bargaining spokesperson for the Board and Association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction for a list of five (5) potential fact finders. 4. Within five (5) calendar days of receipt of the list provided by the State Superintendent of Public Instruction or designee, the fact finders selected by the Board and Association shall select the third fact finder. If unable to mutually agree upon a fact finder from the list of five (5) potential fact finders, the Board and Association fact finders shall execute a coin toss, the winner of which shall be first to strike one (1) name from the list of five (5), followed in like manner by the loser of the toss striking one (1) name and continuing in the same order until but one (1) name is left, such person to serve as chairperson of the three (3) member fact finding committee. 5. The Board shall be responsible for all expenses of its selected fact finder, as shall the Association for its selected fact finder. The Board and the Association shall share equally in the expenses of the chairperson and in all other expenses accruing from fact finding. 6. Within five (5) calendar days of the selection of the chairperson, Board and Association bargaining representatives shall meet to exchange written language stating their positions of the issues at impasse, and further, shall combine three copies each of their written language in a sealed packet for transmittal to the chairperson for committee distribution. 7. The chairperson shall schedule and hold an initial private meeting of the fact-fact finding committee, at which he/she shall open the sealed packet and make distribution of the respective parties’ written language on the issues. The committee shall conclude a “Fact Finding Committee Convention Agreement”, in which rulings shall be issued concerning: (1) the date, time, and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) post-hearing committee meetings and procedures; (6) pre and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standard of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the “Fact Finding Convention Agreement” shall be transmitted to the bargaining spokesperson for receipt no later than five (5) calendar days prior to the holding of the fact-fact finding hearing. 8. The committee shall schedule and hold the fact finding hearing within twenty (20) calendar days of the chairperson’s selection and within ten

FACT FINDING PROCEDURES. 1. If bargaining representative representatives for the Board and Association are unable to reach tentative agreement on any or all bargaining issues by means the first day of mediation school, an impasse shall exist and all remaining unresolved issues shall be referred to a three (3) member fact finding finding committee in accordance with applicable Oklahoma Statuesstatutes, provided that either party shall be free to make a written declaration of impasse prior to that date. The parties may mutually agree to extend the impasse deadlines. 2. The fact finding fact-finding committee shall consist of of: (a) one (1) fact finder fact-finder selected by the Association with written notice given to the Board within five five (5) calendar days after the reaching of declaring impasse; (b) one (1) fact finder fact-finder selected by the Board with written notice given to the Association within five with five (5) calendar days after declaring impasse; and (c) the reaching of impasse. 3. The chairperson of the committee shall be selected from the State Superintendent of Public Instruction’s list of fact findersfact-finders. The bargaining spokesperson spokespersons for the Board and Association shall, within five five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction for a list of five five (5) potential fact finders. 4fact-finders. Within five five (5) calendar days of receipt of the list provided by the State Superintendent of Public Instruction or designee, the fact finders selected by bargaining spokespersons for the Board and Association shall select the third fact finderfact-finder. If unable to mutually agree upon a fact finder fact-finder from the list of five five (5) potential fact findersfact-finders, the Board and Association fact finders bargaining spokespersons or their designees shall execute a coin toss, toss the winner loser of which shall be first first to strike one (1) name from the list of five (5)name, followed in like manner by the loser of the toss striking one (1) name and continuing in the same order until but one (1) name is left, such person to serve as chairperson of the three (3) member fact finding fact-finding committee. 5. The Board shall be responsible for all expenses of its selected fact finderfact-finder, as shall the Association for its selected fact finderfinder. The Board and the Association shall share equally in the expenses of the chairperson and in all other expenses accruing from fact finding. 6fact-finding. Within five five (5) calendar days of the selection of the chairperson, the representatives who have been negotiating for the Board and Association bargaining representatives shall meet to exchange written language stating their positions of on the issues at impasse, and further, shall combine three (3) copies each of their written language in a sealed packet for transmittal to the chairperson for committee distribution. 7. The chairperson shall schedule and hold an initial private meeting of the fact-finding fact-finding committee, at which he/she shall open the sealed packet and make distribution of the respective parties’ written language on the issues. The committee shall conclude a “Fact Fact-Finding Committee Convention Agreement”, ,” in which rulings shall be issued concerning: (1) the date, time, and place of the fact finding fact-finding hearing; (2) fact finding fact-finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) post-hearing committee meetings and procedures; (6) pre and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standard of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the “Fact Finding Convention Agreement” shall be transmitted to the bargaining spokesperson for receipt no later than five (5) calendar days prior to the holding of the fact-finding hearing. 8. The committee shall schedule and hold the fact finding hearing within twenty (20) calendar days of the chairperson’s selection and within ten;

FACT FINDING PROCEDURES. 1. A. If bargaining representative representatives for the Board and Association are unable to reach tentative agreement on any or all bargaining issues by means of mediation before August 1, of each fiscal year, an impasse shall exist and all remaining unresolved issues shall be referred to a three (3) member fact finding committee in accordance with applicable Oklahoma Statuesstatutes, provided that either party shall be free to make a written declaration of impasse prior to that date. The parties may mutually agree to extend impasse deadlines. 2. B. The fact finding committee shall consist of of: (a) one (1l) fact finder selected by the Association with written notice given to the Board within five (5) calendar days after the reaching of impasse; (b) one (1l) fact finder selected by the Board with written notice given to the Association within five (5) calendar days after the reaching of impasse. 3. The ; and (c) the chairperson of the committee shall be selected from the State Superintendent of Public Instruction’s list of fact finders. The bargaining spokesperson spokespersons for the Board and Association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction for a list of five (5) potential fact finders. 4. C. Within five (5) calendar days of receipt of the list provided by the State Superintendent of Public Instruction or designee, the fact finders selected by bargaining spokespersons for the Board and Association shall select the third fact finder. If unable to mutually agree upon a fact finder from the list of five (5) potential fact finders, the Board and Association fact finders bargaining spokespersons or their designees shall execute a coin toss, the winner loser of which shall be first to strike one (1l) name from the list of five (5), followed in like manner by the loser winner of the toss striking one (1l) name name, and continuing in the same order until but one (1l) name is left, such person to serve as chairperson of the three (3) member fact finding committee. 5. D. The Board shall be responsible for all expenses of its selected fact finder, as shall the Association for its selected fact finder. The Board and the Association shall share equally in the expenses of the chairperson and in all other expenses accruing from fact finding. 6. E. Within five (5) calendar days of the selection of the chairperson, Board and Association bargaining representatives shall meet to simultaneously exchange written language stating their positions of on the issues at impasse, and further, . The proposals exchanged shall combine three copies each of their written language in a sealed packet for transmittal also be furnished to the chairperson for committee distributionand other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 7. F. The chairperson shall schedule and may, but is not required to, hold an initial private meeting a pre-fact finding conference for the purpose of the fact-finding committee, at which he/she shall open the sealed packet and make distribution of the respective parties’ written language on the issues. The committee shall conclude a “Fact Finding Committee Convention Agreement”, in which rulings shall be issued concerning: (1) designating the date, time, time and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of dealing with other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) post-hearing committee meetings and procedures; (6) pre and post-hearing communications between and among fact finders and bargaining representatives for preliminary matters raised by the parties; (7) standard of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the “Fact Finding Convention Agreement” shall be transmitted to the bargaining spokesperson for receipt no later than five (5) calendar days prior to the holding of the fact-finding hearing. 8. G. The committee shall schedule and hold the fact finding hearing and, within twenty (20) calendar days of the chairperson’s selection selection, submit a report, to include written recommendations, to the bargaining spokespersons for the Board and the Association. Upon receipt of the report from the Fact Finding Committee, the Board and Association spokespersons shall immediately notify each other their receipt of the report. The seven (7) day period for considering the report and requesting a meeting of the bargaining teams provided for in section 1.4 below shall begin upon receipt of the report by both parties. H. The Board shall file a copy of the fact-finding committee report with the office of the State Superintendent of Public Instruction within tenfourteen (14) calendar days of its own receipt of such report and shall provide the Association with a copy of any transmittal letter which accompanies the report.