Common use of Fact Finding Clause in Contracts

Fact Finding. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time, either party may declare impasse, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. Within two (2) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: A. A fact-finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by the Organization, and one (1) member shall be selected by the Board, within five (5) days. 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 five 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. B. Within five (5) days after the selection of the chairperson, the representatives who have been negotiating for the "Board" and 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 chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. C. The cost for the services of the 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 Organization shall assume the expenses of the representative selected by the Organization, and the expenses of the third member shall be shared equally by the Board and the Organization. D. The fact finding committee shall have authority to establish procedural rules, conduct investigations and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. Fact finding hearings shall be conducted in closes sessions unless the parties mutually agree otherwise. E. The chairperson shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the fact-finding meeting, the committee shall present written recommendation to the local Board and to the Organization. F. 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 "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 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 may discontinue such effort. G. The local board shall file a copy of the fact-finding 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 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.

Fact Finding. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time, either party may declare impasse, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. Within two (2) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. If the mediation process has been utilized and has failed to bring about agreement on all items, items (or if the mediation process was not utilizedused), the unresolved items shall be submitted to fact fact- finding as follows: A. a. A fact-finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by the Organization, Association and one (1) member shall be selected by the Board, board within five (5) daysdays after the reaching of impasse. The third member shall be selected by the first These two (2) members as follows: The parties shall will notify the State Superintendent of Public Instruction that a fact fact-finder is needed and request needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact fact-finders from to the State Superintendentparties. If no name on the list is agreeable to both partiesrepresentatives of the Board and the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall occur with the party winning the toss having the right decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The parties will two representatives shall then continue alternately striking names a name from the list until only one name remains. The That person whose name remains on the list will shall then be named to serve as the chairperson of the fact-finding committee. B. b. Within five (5) days after the selection of the chairperson, the representatives who have been negotiating for of the "Board" and the "Organization" parties shall meet to exchange written language on of each item at impasse. The exchanged documents shall also be furnished by each party to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall show the last position taken by each negotiating team. C. c. The cost for the services of the fact finding committeechairperson, 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 Organization shall assume the expenses of the representative selected by the Organization, and the expenses of the third member shall be shared equally by the Board and the OrganizationAssociation. D. d. The fact 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 an the opportunity to present its case with supporting evidence. Fact finding hearings shall be conducted in closes sessions unless the parties mutually agree otherwise. E. e. The chairperson shall convene the committee for fact fact-finding. This The committee shall meet with the representatives of both parties. Within , and within twenty (20) days after the fact-fact- finding meetinghearing, the committee shall present its written recommendation recommendations to the local Board and to the OrganizationAssociation. The report shall set forth findings of fact and recommendations on the issues submitted. F. f. If either party decides it must reject one or more of the committee's ’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" Board and the "Organization"Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives parties shall exchange written statements expressing each party's ’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 the written statementsstatements as provided for by this action, either party may discontinue such effort. G. g. The local board shall file a copy of the fact-finding 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 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. h. All costs and expenses incurred by either party of this agreement shall be borne by that party and in the case of joint proceedings, each party shall equally share the cost and/or expense.

Fact Finding. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time, either party may declare impasse, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. Within two (2) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. If the mediation process has been utilized and has failed to bring about agreement on all items, items (or if the mediation process was not utilizedused), the unresolved items shall be submitted to fact finding as follows: A. : A fact-finding committee consisting of three (3) members teachers shall be formed. One (1) member teacher shall be selected by the Organization, Association and one (1) member teacher shall be selected by the Board, Board within five (5) days. The third member shall be selected by the first These two (2) members as follows: The parties shall teachers will notify the State Superintendent of Public Instruction (or designee) that a fact fact-finder is needed and request needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact fact- finders from to the State Superintendentparties. If no name on the list is agreeable to both partiesrepresentative 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 occur with the party winning the toss having the right decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The parties will two representatives shall then continue alternately striking names a name from the list until only one name remains. The That person whose name remains on the list will shall then be named to serve as the chairperson of the fact-finding committee. B. . Within five (5) days after the selection of the chairperson, the representatives who have been negotiating for of the "Board" and the "Organization" parties shall meet to exchange written language on of each item at impasse. The exchanged documents shall also be furnished by each party to the chairperson and other members teachers of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. C. . The cost for the services of the fact fact-finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the The Board shall assume the expenses of the representative selected by the Board, the Organization Association shall assume the expenses of the representative selected by the OrganizationAssociation, and the expenses of the third member teacher shall be shared equally by the Board and the OrganizationAssociation. D. The fact finding committee shall have authority to establish procedural rules, conduct investigations and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. Fact finding hearings shall be conducted in closes sessions unless the parties mutually agree otherwise. E. The chairperson shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the fact-finding meeting, the committee shall present written recommendation to the local Board and to the Organization. F. 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 "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 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 may discontinue such effort. G. The local board shall file a copy of the fact-finding 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 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.

Fact Finding. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time, either party may declare impasse, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. Within two (2) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. If the mediation process has been utilized and has failed to bring about agreement on all items, items (or if the mediation process was not utilizedused), the unresolved items shall be submitted to fact finding as follows: A. : A fact-finding committee consisting of three (3) members teachers shall be formed. One (1) member teacher shall be selected by the Organization, Association and one (1) member teacher shall be selected by the Board, Board within five (5) days. The third member shall be selected by the first These two (2) members as follows: The parties shall teachers will notify the State Superintendent of Public Instruction (or designee) that a fact fact-finder is needed and request needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact fact- finders from to the State Superintendentparties. If no name on the list is agreeable to both partiesrepresentative 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 occur with the party winning the toss having the right decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The parties will two representatives shall then continue alternately striking names a name from the list until only one name remains. The That person whose name remains on the list will shall then be named to serve as the chairperson of the fact-finding committee. B. . Within five (5) days after the selection of the chairperson, the representatives who have been negotiating for of the "Board" and the "Organization" parties shall meet to exchange written language on of each item at impasse. The exchanged documents shall also be furnished by each party to the chairperson and other members teachers of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. C. . The cost for the services of the fact fact-finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the The Board shall assume the expenses of the representative selected by the Board, the Organization Association shall assume the expenses of the representative selected by the Organization, and the expenses of the third member shall be shared equally by the Board and the Organization. D. The fact finding committee shall have authority to establish procedural rules, conduct investigations and hold hearings during which each party shall be given an opportunity to present its case with supporting evidenceAsso IV. Fact finding hearings shall be conducted in closes sessions unless the parties mutually agree otherwise. E. The chairperson shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the fact-finding meeting, the committee shall present written recommendation to the local Board and to the Organization. F. 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 "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 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 may discontinue such effort. G. The local board shall file a copy of the fact-finding 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 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.APPENDIX

Fact Finding. 1. If negotiations are after mediation, settlement has not successfully concluded by been reached between the first day of schoolparties concerning negotiable issues which were subject to mediation, impasse shall exist. At any earlier time, then either party may declare impassemay, or by mutual agreement of written notification to the partiesother, request the date for declaring impasse may remaining unresolved matters be extended beyond submitted to a fact finding panel. 2. The fact finding panel shall only be presented with unresolved issues that were subject to the first day of schoolmediation process. Within two five (25) days of such declarationreceipt of the written request for Fact Finding, the parties may, by mutual agreement, shall request a list of seven (7) qualified neutrals who shall be active members of the services National Academy of Arbitrators from the Federal Mediation and Conciliation Service. If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items Each party shall be submitted to fact finding as follows: A. A fact-finding committee consisting of alternately strike three (3) members shall be formed. One (1) member shall be selected by the Organization, and one (1) member shall be selected by the Board, within five (5) days. 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 five 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 names from the list. The parties will then continue alternately striking names from the list until only one name remainsshall determine who shall strike first by a coin toss. The person whose name remains remaining individual shall be designated the fact finder. The Employer shall be responsible for appointing an additional fact finder to represent its interests and the Association shall be responsible for appointing an additional fact finder to represent its interests. The three (3) fact finders shall then constitute the Fact Finding panel. The hearing shall be conducted within sixty (60) days unless mutually extended by the parties. 3. The parties shall exchange written final offers on each remaining unresolved issue no later than ten (10) calendar days before the list will serve as the chairperson date of the fact-finding committee. B. Within Fact Finding hearing. The Fact Finding panel shall be served a written copy of the parties' final offer on each outstanding unresolved bargaining matter within five (5) calendar days after before the selection date of the chairperson, the representatives who have been negotiating for the "Board" and 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 chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating teamhearing. C. The cost for the services of the 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 Organization shall assume the expenses of the representative selected by the Organization, and the expenses of the third member shall be shared equally by the Board and the Organization. D. 4. The fact finding committee panel shall only have authority jurisdiction to consider issues involving mandatory subjects of negotiations. 5. The fact finders shall establish procedural rules, conduct investigations dates and hold hearings during which each party shall be given an opportunity to present its case with supporting evidenceplaces of hearings. Fact finding The hearings shall be conducted closed to the public. The fact finders shall afford all parties full opportunity to examine and cross-examine witnesses and to present evidence pertinent to the dispute, including briefs in closes sessions unless support of their respective cases. 6. The fact finders shall conduct the hearings and render their decision with the objective of achieving a prompt, peaceful and just settlement of disputes. The factors which must be given weight by the fact finders in arriving at a recommended decision shall be: (a) Comparison of total compensation of police officers in cities of a comparable nature; (b) Relevant cost of living information; (c) Overall compensation and fringe benefits presently received by employees involved; the interest and welfare of the public including financial ability of the City; (d) Fiscal responsibility of the City; and economic and non-economic impact of the various offers upon present or future levels of service or programs provided by the City to its citizens and other City employees; (e) The hazards of employment; physical, educational and mental qualifications; and job training and skills required of Galveston police officers. 7. The fact finders shall consider each argument and all evidence presented by the parties mutually agree otherwise. E. The chairperson shall convene the committee for fact finding. This committee shall meet with the representatives and address them in a well-reasoned, professionally written “Findings of both parties. Within twenty (20) days after the fact-finding meeting, the committee shall present written recommendation to the local Board Fact and to the Organization. F. 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 "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 remaining differences. The representatives shall then resume good faith effort Recommendations” to resolve the remaining differences, provided, after fourteen (14) days after the exchange of the dispute. The fact finders shall serve its written statements, either party may discontinue such effort. G. The local board shall file a copy of the fact-finding 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 decision on 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 not more than thirty (30) days from the conclusion of the effective hearings or submission of briefs, whichever occurs later. 8. Within fifteen (15) days after receipt of the “Findings of Fact and Recommendations,” each party shall notify the other in writing whether they accept any of the recommendations of the fact finders. If the parties do not accept the recommendations of the fact finders, they shall attempt to settle the dispute. If no settlement has been reached after thirty (30) days from the receipt of the notice by either party rejecting the recommendations, then the fact finders' "Findings of Fact and Recommendations" shall be published by either party. 9. Within three (3) days after the Findings of Fact and Recommendations are published, the party rejecting a recommendation shall publicize through a detailed written document each reason for rejecting the recommendation of the Fact Finding panel. 10. All costs of Fact Finding shall be borne equally by the parties involved in the dispute, except costs for the parties' respective representatives and witnesses. 11. If within ten (10) days after the recommendations have been made public the parties have not agreed to a contract, unresolved issues shall, at the request of either party, be submitted to a referendum election according to the following procedure, which shall be binding on the parties: (a) The election shall be held on the first date permissible under state law. (b) The party rejecting the fact finder’s recommendations shall pay three- fourths (3/4) of implementationthe cost of the referendum. If both parties reject any recommendations, each shall pay one-half (1/2) of the costs. (c) Each party shall be entitled to submit two (2) and only two (2) unsettled issues and rebuttals thereto to the voters. The existing contract shall, therefore, be changed only by the outcome of the referendum issues and prior agreements reached by the parties. (d) Civil Service laws shall not be subject to referenda. (e) The referendum shall be conducted in a cost-efficient manner. (f) The ballot shall include only the caption of the unresolved issues or rebuttals being submitted by a party to referendum. The ballot shall require the voter to cast his or her vote FOR the Association's issue or FOR the City's issue on each ballot proposal. (g) Only unresolved issues submitted to Fact Finding shall be submitted to a referendum. (h) All unresolved issues and rebuttals submitted to referendum shall be reduced to writing. The parties shall provide each other with the exact contract language to be amended by the unresolved issue or rebuttal at the time that the party or parties request Fact Finding or referendum. However, the parties may mutually agree to amend their exact contract language issues or rebuttals.