67C.412 Petition for fact-finding panel upon deadlock -- Hearings -- Findings --

321 words·~1 min read·/ky/67c-412

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Expenses.

(1)If, after a reasonable period, but in no event less than thirty

(30)days, of

negotiations over the terms of a new collective bargaining agreement or

modifications in an existing agreement, the parties to the negotiations are

deadlocked, either party or the parties jointly may petition the cabinet, by certified

mail, return receipt requested, or by registered mail, to initiate fact-finding.

(2)Upon receipt of a petition to initiate fact-finding, the cabinet shall cause an

investigation to determine whether or not the parties are deadlocked in their

negotiations. During the course of this investigation, the secretary is empowered to

utilize his or her office in an effort to effectuate a settlement between the parties

through mediation and conciliation.

(3)Upon completion of the cabinet's investigation, and if a settlement between the

parties has still not been reached, the secretary shall within ten

(10)days appoint a

qualified and disinterested person as the impartial chairman of a three

(3)member

panel to function as the fact-finders. In addition to the impartial chairman, the other

two

(2)members of the panel shall be one

(1)member named by the labor

organization and one

(1)member named by the consolidated local government,

parties to the deadlocked negotiations.

(4)Upon consultation with the other members of the panel, the impartial chairman shall

establish dates and places for public hearings. Whenever feasible, public hearings

shall be held within the jurisdiction in which the consolidated local government is

located. The panel may subpoena witnesses, and a written transcript of the hearing

shall be made. Upon completion of the hearings the panel shall, by majority

decision, make written findings of fact, recommendations, and opinions to be served

on the consolidated local government and labor organization (parties) and these

shall be released to the public. Expenses incurred by the three

(3)member panel in

this section shall be paid by the parties involved in the labor dispute.