Section 5-E709. FACT-FINDING

 

709.1Fact-finding shall be conducted by a panel of three (3) persons who shall be appointed or selected in accordance with the provisions of this section.

 

709.2Within five (5) days of the referral of any issue(s) remaining in dispute to fact- finding, pursuant to the provisions of §§ 707 and 708, each party shall select one (1) member of the fact-finding panel. The panel members selected by the parties shall then meet and select an impartial chairperson.

 

709.3The person selected to serve as impartial chairperson shall be experienced in urban government and public school matters.

 

709.4If the two (2) panel members selected by the parties, pursuant to § 709.2, are unable to agree upon the appointment of an impartial chairperson within fifteen (15) days of the referral of the issue(s) remaining in dispute to fact-finding, either party may request the Federal Mediation and Conciliation Service or the Board of Labor Relations to provide a list of five (5) qualified persons from which the selection of the impartial chairperson shall be made.

 

709.5If the selection of an impartial chairperson is made pursuant to the provisions of § 709.4, the following procedures shall be followed:

 

(a)Each party shall alternatively strike one (1) name from the list until only one (1) name remains;

 

(b)The person whose name remains on the list after four (4) names have been struck shall be appointed impartial chairperson of the panel;

 

(c)The party that will strike the first name shall be determined by chance;

 

(d)The last name struck from the list shall be the alternate panel chairperson in the event that the duly appointed chairperson is unable to serve; and

 

(e)If both the duly appointed chairperson and the alternate are unable to serve, a new list of five (5) names shall be obtained.

 

709.6Any person who has acted as a mediator in the immediate proceedings which are the subject of fact-finding shall be ineligible to serve on the fact-finding panel.

 

709.7The fact-finding panel shall be authorized to hold hearings and adopt procedural rules.

 

709.8All fact-finding sessions shall be open to the public.

 

709.9The format, date, and location of each fact-finding hearing shall be established by the impartial chairperson, and shall be announced in a public notice by the Board of Education.

 

709.10A verbatim record of the fact-finding proceedings may be required at the discretion of the impartial chairperson. If a verbatim record is made, transcripts shall be available to either party at the expense of the party requesting the transcript.

 

709.11All costs or expenses associated with a panel member selected by a party shall be borne by the party making the selection.

 

709.12The costs of the impartial chairperson, including the per diem expenses, shall be borne in equal shares by the Board and the labor organization.

 

709.13Upon the conclusion of all hearings and deliberations of the panel, the panel shall prepare and issue a written public report which shall be submitted to the parties.

 

709.14The fact-finding report shall state the findings, conclusions, and recommendations of the panel, along with the reasons for each. The report shall be limited to a discussion of the issue(s) in dispute which have been submitted to the panel.

 

709.15The recommendations in the report are advisory only and do not bind the Board or the labor organization.

 

709.16The report shall indicate by name the members of the panel who concur in each recommendation.

 

709.17Copies of the report shall be available upon request from the Board.

 

709.18In preparing its findings and recommendations, the panel shall consider the following:

 

(a)The interests of the affected employees;

 

(b)The governmental authority and responsibilities of the Board to control and operate the Public Schools;

 

(c)The efficient operation of the school system;

 

(d)The conditions within the community relevant to the relationship between the parties;

 

(e)All applicable statutes and regulations; and

 

(f)Other factors pertinent to the issue(s) in dispute.

 

709.19Within five (5) days of the receipt of the report of the fact-finding panel, the Board and labor organization shall meet, through their respective negotiating teams, to discuss the report.

 

709.20At any time after the submission of the report to the parties, any member of the fact-finding panel may assist the parties to reach agreement on the issue(s) remaining in dispute.

 

709.21The parties shall have fifteen (15) days from the date of the final adjournment of the meeting on the report held pursuant to § 709.20 to take action on the panel’s recommendations.

 

source

Final Rulemaking published at 24 DCR 9386, 9389 (May 5, 1978).