Common use of Fact Finding Clause in Contracts

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. 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 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 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 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. 5.5.1 5-6-1 If the mediation described in Section 5.4 has not resulted in tentative failed to bring about agreement on all issues, either the Board or the Association may terminate mediation and direct request that the issues, issues which remain in dispute, dispute be submitted to a fact finding. In the event that finder. 5-6-2 If the parties are unable to agree on upon a fact finderfinder within five (5) calendar days from the date fact finding is called for, then the procedure set forth in Article 5-4 of this Agreement shall be used in the selection of the fact finder shall be selected in the manner provided in Section 5.4 for selecting a mediatorfinder. 5.5.2 5-6-3 The fact finder shall have the authority to hold hearings, hearings and make procedural rules, call witnesses, and hear sworn testimony. 5.5.3 5-6-4 All hearings by the fact finder shall be held in closed session sessions and no release of information news releases shall be made concerning the progress of fact-finding shall be made to the public or the press except by or at the direction of the fact findersuch hearings. 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 5-6-5 Within fifteen (515) calendar 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 such hearings, but in no instance longer than 15 daysthe submission of a transcript of the hearings, if any, or submission of post hearing briefs, the fact finder shall submit a his/her report in writing to the Board and the Association only and shall set forth his in the report his/her findings of fact, awards, reasoning and recommendations and rationale on the issue or issues submitted. His findings The report shall be advisory only and binding neither on the Board nor the Association. 5.5.6 5-6-6 Within five (5) calendar days after receiving the report of the fact finder, the representatives of the parties shall negotiating teams will meet to discuss the report. No releases of information public release shall be made to the public until after such meeting. 5.5.7 5-6-7 The respective parties shall take official action on the report of the fact finder no later than 15 fifteen (15) calendar days after the meeting described in Section 5.5.6 aboveArticle 5-6-6. 5.5.8 5-6 8 To the extent that tentative agreement is reached on the issues in dispute as a result of such fact-fact finding, the procedures provided for ratifying the tentative agreement as set forth in Section 5.3.1 and 5.3.2 this Agreement 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. 5.5.1 1. If the mediation described in Article Five, Section 5.4 C has not resulted in tentative failed to bring about agreement on all issues, either the Board or the Association may terminate mediation and direct Association, through their representatives, shall request that the issues, issues which remain in dispute, dispute be submitted to fact finding. In the event that the parties are unable to agree on a fact 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 in fact finder declines or is unable to act within twenty (20) days of acceptance, the manner provided in Section 5.4 for selecting American Arbitration Association shall appoint a mediatorfact finder from its other members without submitting additional lists. 5.5.2 2. The fact finder shall will have the authority to hold hearings, hearings and make procedural rules, call witnesses, and hear sworn testimony. 5.5.3 3. All hearings by the fact finder shall be held in closed session sessions, and no release of information concerning the progress of fact-finding news releases shall be made to the public or the press except by or at the direction concerning progress of the fact findersuch hearings. 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 hearing4. 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 such hearings, but in no instance longer than 15 days, the fact finder shall submit a written report in writing to only the representatives of the Board and the Association only and shall set forth his in the report the findings of fact, awards, recommendations reasoning and rationale recommendation on the issues submitted. His findings The report shall be advisory only and binding neither on the Board nor the Association. 5.5.6 5. Within the five (5) days after receiving the report of the fact finder, the representatives of Board and the parties shall Association, through their representatives, will meet to discuss the report. No releases Public release of information the report shall be made to the public until any time after such meeting. Thereafter, such report shall be declared a public document. 5.5.7 6. The respective parties shall take official action on the report of the fact finder no later than 15 fifteen (15) days after the meeting described in Article Five, Section 5.5.6 D‐4 above. 5.5.8 7. To the extent that tentative agreement is reached on the issues in dispute as a result of such fact-fact finding, the procedures provided in Article Five, Section 5.3.1 and 5.3.2 E‐1 shall apply. 5.5.9 8. The costs for the service services 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. 9. Either party may request that official testimony be recorded at the fact‐finding hearing or a copy of that recording shall be provided to the fact finder. The party requesting that record shall pay the costs thereof, except that if the other party shall request a copy of that record, it shall share the entire cost of making that record.

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 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 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 recommendations, and rationale on the issues submitted. His findings shall be advisory only and binding neither on the Board nor the AssociationAssociation . 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. 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 fact-finding hearing. The fact-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 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 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.and