Common use of Fact Finding Clause in Contracts

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. A. a) If the mediation described above process has been utilized and has failed to bring about agreements agreement on any of all items (or if mediation was not used), the issues submitted for mediation, only the issues which remain in dispute will unresolved items shall be submitted to fact finding as follows: b) A fact finding committee consisting of three members shall be formed. One member shall be selected by the Association and one member shall be selected by the Board, within five (5) days. These two members will notify the State Superintendent of Public Instruction that a Fact Finderfact-finder is needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact-finders to the parties. If the representative of the Board and the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The two representatives shall then continue alternately striking a name from the list until only one name remains. That person shall then be named to serve as chairperson of the fact-finding committee. 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. c) Within fifteen five (155) days after the conclusion selection of such hearings by the Fact Finderchairperson, the Fact Finder will submit a report in writing representatives of the parties shall meet to exchange written language of each item at impasse. The exchanged documents shall be furnished to the Board Representative chairperson and the Association Representative onlyother members of the committee. Said report will set forth his findings of fact, reasoning, and recommendations on Each item being submitted to fact finding shall show the issues submitted. The report will be advisory only and binding on neither the Board Representative nor the Association Representativelast position taken by each negotiating team. 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 (10d) 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 fact finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third member shall be shared equally by the District Board and the Association. X. Xxxxxx e) The fact finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given the opportunity to present its case with supporting evidence. f) The chairperson shall convene the committee for fact finding. The committee shall meet with representatives of both parties, and within twenty (20) days after the fact finding hearing, shall present its written recommendations to the Board and the Association. The report shall set forth findings of fact and recommendations on the issues submitted. g) If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements as provided for by this action, either party may request that an official stenographic record discontinue such effort. h) The local board shall file a copy of the testimony taken at the fact-finding hearings report with the office of the State Superintendent for Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be made and a copy of any transcript will be provided forwarded to the Fact FinderState Superintendent of Public Instruction. The party requesting a stenographic record will pay If the costs thereofeffort to resolve differences is unsuccessful, except that if the other party requests a copy local board of any transcript, it will share education shall forward to the entire cost State Superintendent of making Public Instruction in writing its final disposition of the stenographic recordnegotiations impasse process within thirty (30) days of the effective date of implementation.

Fact Finding. A. If 4.7.1 The selection of a fact finder will follow the mediation described above has failed same procedure as the selection of a mediator. Written requests to bring about agreements on any the American Arbitration Association shall be accompanied by a copy of the issues submitted for mediation, only agreement and the issues which that remain in dispute will dispute. Subsequent to this request, the parties may continue to negotiate until agreement is reached or a fact finding hearing is convened, if both parties mutually agree that continued negotiations would be submitted to a Fact Finderbeneficial. B. In the event that the negotiating parties are unable to agree on a Fact Finder4.7.2 As soon as practicable upon appointment, the Fact Finder will be selected fact finder shall convene a hearing with at least ten (10) days written notice to both parties at which time both parties may appear to present facts and arguments with regard to those matters remaining in the same manner dispute 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 herein. Hearings shall be arranged by the Fact Finder. All meetings by the Fact Finder will be closed conducted according to the pressrules of the American Arbitration Association. Releases to Formal rules of evidence will not apply. The hearing shall be concluded within ten (10) days of being first convened, and the media will be made jointly. E. Within fifteen fact finder shall issue his findings of fact and advisory recommendations not later than twenty (1520) 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 submittedhearing is closed. The report will fact finder's written recommendations with reasons shall be advisory only served privately and binding on neither simultaneously, insofar as possible, upon the Board Representative nor the Association Representative. F. spokespersons of both parties. 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 receipt of the meeting recommendations, the parties shall meet to inform one another whether they are willing to accept and implement said recommendations. Any party refusing to accept or meetings described aboveimplement the fact finder's recommendations shall clearly state its reasons in writing for so doing at that time. Neither party, nor the fact finder, shall reveal or comment upon the findings of fact and advisory recommendations during said ten (10) day period. In the event that either party or both fails or refuses to adopt and implement the fact finder's advisory recommendations, and there are issues remaining unresolved, then the fact finder's report shall be made public after the ten (10) day period. No other statement shall be made by the fact finder. H. To 4.7.3 The fact finder shall have authority to hear and make recommendations concerning only the extent matters referred to fact finding unless the parties mutually agree otherwise. 4.7.4 The fact finder shall select as his recommendations either the position of the District or that tentative agreement of the Association, on each issue, unless the fact finder is reached on the issues in dispute as a result of persuaded that an intermediate position would be more appropriate. In such fact findingevent, the procedures described and provided fact finder shall state his reasons for under Adopting Recommendations will applyrecommending such intermediate position. 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. A. If the mediation described above process has been utilized and has failed to bring about agreements agreement on any of all items (or if mediation was not used), the issues submitted for mediation, only the issues which remain in dispute will unresolved items shall be submitted to fact finding as follows: A fact-finding committee consisting of three teachers shall be formed. One teacher shall be selected by the Association and one teacher shall be selected by the Board within five (5) days. These two teachers will notify the State Superintendent of Public Instruction (or designee) that a Fact Finder. B. In fact-finder is needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact-finders to the event that parties. If the negotiating parties are unable representative of the Board and the representative of the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall decide whether to agree on strike a Fact Findername first or to have the loser of the toss strike a name first from the list. The two representatives shall then continue alternately striking a name from the list until only one name remains. That person shall then be named to serve as chairperson of the fact-finding committee. Within five (5) days after the selection of the chairperson, the Fact Finder will representatives of the parties shall meet to exchange written language of each item at impasse. The exchanged documents shall be selected furnished to the chairperson and other teachers of the committee. Each item submitted to fact finding shall show the last position taken by each negotiating team. The cost for the services of the fact-finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the same manner as provided in following manner: The Board shall assume the Mediation Section. C. expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third teacher shall be shared equally by the Board and the Association. The Fact Finder will fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and 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 during which each party to the pressdispute shall be given the opportunity to present its case with supporting evidence. Releases to The chairperson shall convene the media will be made jointly. E. Within fifteen committee for fact-finding. The committee shall meet with representatives of both parties, and within twenty (1520) days after the conclusion of such hearings by the Fact Finderfact-finding hearing, the Fact Finder will submit a report in writing shall present its written recommendations to the Board Representative and the Association Representative onlyAssociation. Said The report will shall set forth his findings of fact, reasoning, fact and recommendations on the issues submitted. If either party decides it must reject one or more of the committee’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and the Association. The parties shall meet seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements as provided for by this action, either party may discontinue such effort. The local board shall file a copy of the fact-finding report will with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. Three-teacher Committee After composition, said committee shall conduct a fact-finding hearing and shall adopt and issue procedural rules to all parties as to the conduction of said hearings. Within ten days after said hearing, the committee shall issue its findings and recommendations to both parties; however, the committee’s report shall be advisory only and shall not be binding on neither the Board Representative nor the Association Representativeeither party. 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. A. 1. If the mediation described above has failed to bring about agreements on any of the issues submitted for mediation, only the issues which that remain in dispute will be submitted to a Fact Finderfact finder. B. 2. In the event that the negotiating parties are unable to agree on a Fact Finderfact finder, the Fact Finder fact finder will be selected in the same manner as provided in the Mediation Sectionmediation section. C. 3. The Fact Finder fact finder will have the authority to hold hearings and make procedural rules. D. 4. The format, dates dates, and times of meetings will be arranged by the Fact Finderfact finder. All meetings by the Fact Finder fact finder will be closed to the press. Releases to the media will be made jointly. E. 5. Within fifteen (15) days after the conclusion of such hearings by the Fact Finderfact finder, the Fact Finder fact finder will submit a report in writing to the Board Representative representative and the Association Representative representative only. Said report will set forth his the findings of fact, reasoning, and recommendations on the issues submitted. The report will be advisory only and binding on neither the Board Representative representative nor the Association Representativerepresentative. F. 6. Within ten (10) days after receiving the report of the Fact Finderfact finder, the Board Representative representative and Association Representative representative will meet to discuss the findings of the Fact Finderfact 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. 7. The respective parties will take official action on the report of the Fact Finder fact finder no later than ten (10) days after the meeting or meetings described above. H. 8. To the extent that tentative agreement is reached on the issues in dispute as a result of such fact fact-finding, the procedures described and provided for under the Adopting Recommendations section above will apply. I. 9. The cost for the services of the Fact Finding fact-finding will be shared equally by the District and the Association. X. Xxxxxx 10. Either 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 Finderfact 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. 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 (10) 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. A. If Within ten (10) days of any request for fact finding, the mediation described above has failed to bring about agreements on any Board and Association representatives shall each designate one (1) member of the issues fact-finding panel. The third member shall be selected by the first two (2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of potential fact finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact-finding committee. Within five (5) days after selection of the chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted for mediation, only to fact finding shall show the issues which remain last position taken by each negotiating team. All items not submitted to impasse or tentatively agreed upon in dispute negotiations will be submitted considered as withdrawn. It shall be the responsibility of the majority of the panel to issue a Fact Finder. B. In the event that the negotiating parties are unable to agree recommendation on a Fact Finderall items at impasse, the Fact Finder but such recommendation will be selected advisory in nature and nonbinding on either party. The cost for the same manner as provided in services of the Mediation Section. C. chairperson, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the Board and the Association. Each party will be responsible for the expenses and cost for services of its member on the fact-finding committee. The Fact Finder will fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings and make procedural rules. D. The format, dates and times of meetings will during which each party shall be arranged given an opportunity to present its case with supporting evidence. All hearings by the Fact FinderFact-Finding Committee shall be conducted in closed session. All meetings by The chairperson shall convene the Fact Finder will be closed to committee for fact finding. The committee shall meet with the press. Releases to the media will be made jointly. E. Within fifteen representatives of both parties and, within twenty (1520) days after the conclusion of such hearings by the Fact Finder, the Fact Finder will submit a report in writing fact-finding meeting shall present its written recommendation to the Board Representative and the Association Representative onlyAssociation. Said The report will shall set forth his findings of fact, reasoning, fact 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 If either party decides it must reject one or more of the Fact Findercommittee’s recommendations, 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 said party must, within seven (107) days after the committee has presented its recommendations, request a meeting or meetings described above. H. To of 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 representatives who have been negotiating for the services of the Fact Finding will be shared equally by the District Board and the Association. X. Xxxxxx . The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may request that an official stenographic record discontinue such effort. The Board shall file a copy of the testimony taken at the fact-finding hearings report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be made and a copy of any transcript will be provided forwarded to the Fact FinderState Superintendent. The party requesting a stenographic record will pay If the costs thereofeffort to resolve differences is unsuccessful, except that if the other party requests a copy Board shall forward to the State Superintendent in writing its final disposition of any transcript, it will share the entire cost negotiation’s impasse process within thirty (30) days of making the stenographic recordeffective date of implementation.

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 (10) 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. A. 5.1 If negotiations are not successfully concluded by the mediation described above has failed 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 bring about agreements on any a three-member committee. This committee shall consist of: 5.1.1 One member who shall be selected by the representatives of the issues submitted for mediation, only the issues which remain in dispute will be submitted to a Fact Finder.organization within five (5) days after reaching of impasse; B. In the event that the negotiating parties are unable to agree on a Fact Finder, the Fact Finder will 5.1.2 One member who shall 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 local board of education within five (5) days after reaching of impasse; and 5.1.3 One member who shall be selected by the Fact Finder will be closed to the press. Releases to the media will be made jointly. E. Within first two members within fifteen (15) days after selection of the conclusion of such hearings other two members. The member selected by the Fact Finderfirst two members shall serve as chairman of the committee. 5.2 Before submission to fact finding, a list shall be prepared including all items agreed upon to date as well as those items to be submitted to fact finding. Each item being submitted to fact finding shall show the Fact Finder will submit a report in writing last position taken by each negotiating team which should thereby clarify the difference between the parties. This list shall be signed by the chairman or chief negotiator of both negotiating teams and presented 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 Representativefact finding committee. F. 5.2.1 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 five (105) days after the meeting or meetings described aboveselection of the chairman, the representatives who have been negotiating for the board and for the organization shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee. 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. 5.3 The cost costs for the services of the Fact Finding will fact finding committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner. The Board shall assume the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third member shall be shared equally by the District Board and the Association. X. Xxxxxx party may request that an official stenographic record of the testimony taken at the 5.4 The fact-finding committee shall have authority to establish procedural rules, examine relevant issues, and hold hearings be made and a copy of any transcript will be provided during which each party to the Fact Finderdispute shall be given opportunity to present its case with supporting evidence. 5.5 The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local board and to the organization. 5.6 If either party decides it must reject one or more of the committee’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of representatives who have been negotiating for the board and for the organization. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party requesting a stenographic record will pay may discontinue such effort. The fact-finding report shall be advisory only and shall not be binding on the costs thereof, except that if Board or the other party requests a copy of any transcript, it will share the entire cost of making the stenographic recordAssociation.

Fact Finding. A. 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. 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. c. The Fact Finder will have the authority to hold hearings and make procedural rules. D. 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. 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. f. Within ten (10) 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. 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. 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. i. The cost for the services of the Fact Finding will be shared equally by the District and the Association. X. Xxxxxx j. Either 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. A. 1. If the mediation described above in Article Five, Section C has failed to bring about agreements agreement on any of all issues, either the issues submitted for mediationBoard or the Association, only through their representatives, shall request that the issues which remain in dispute will be submitted to a Fact Finderfact finder. No later than the next working day, the parties shall request the American Arbitration Association to submit a panel of seven (7) fact finders from which a fact finder shall be selected. Each of the parties shall be entitled to alternately strike three (3) names from the list. The party who is to strike the first name shall be the moving party. If the selected fact finder declines or is unable to act within twenty (20) days of acceptance, the American Arbitration Association shall appoint a fact finder from its other members without submitting additional lists. 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. 2. The Fact Finder fact finder will have the authority to hold hearings and make procedural rules. D. The format, dates and times of meetings will be arranged 3. All hearings by the Fact Finder. All meetings by the Fact Finder will fact finder shall be held in closed to the press. Releases to the media will sessions, and no news releases shall be made jointlyconcerning progress of such hearings. E. 4. Within fifteen (15) days a reasonable time after the conclusion of such hearings by the Fact Finderhearings, the Fact Finder will fact finder shall submit a written report in writing to only the representatives of the Board Representative and the Association Representative only. Said report will and shall set forth his in the report the findings of fact, reasoning, reasoning and recommendations recommendation on the issues submitted. The report will shall be advisory only and binding neither on neither the Board Representative nor the Association RepresentativeAssociation. F. 5. Within ten the five (5) days after receiving the report of the Fact Finderfact finder, the Board Representative and Association Representative the Association, through their representatives, will meet to discuss the findings report. Public release 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 report shall be made jointlyany time after such meeting. Thereafter, such report shall be declared a public document. G. 6. The respective parties will shall take official action on the report of the Fact Finder fact finder no later than ten fifteen (1015) days after the meeting or meetings described in Article Five, Section D-4 above. H. 7. To the extent that tentative agreement is reached on the issues in dispute as a result of such a fact finding, the procedures described and provided for under Adopting Recommendations will in Article Five, Section E-1 shall apply. I. 8. The cost costs for the services of the Fact Finding will fact finder, including per diem expenses, shall be shared equally by the District Board and the Association. X. Xxxxxx 9. Either party may request that an official stenographic record of the testimony taken be recorded at the fact-finding hearings be made and hearing or a copy of any transcript will that recording shall be provided to the Fact Finderfact finder. The party requesting a stenographic that record will shall pay the costs thereof, except that if the other party requests shall request a copy of any transcriptthat record, it will shall share the entire cost of making the stenographic that record.

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 (10) 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 J. Either 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.