§ 3.70.100. Mediation and factfinding.  


Latest version.
  • A.

    If, 60 days prior to the contract expiration date, the parties have not agreed to a collective bargaining agreement, the board shall select and assign a neutral mediator who shall mediate all further negotiation sessions between the parties until directed otherwise by the board. The board may assign a mediator to assist the parties sooner at the request of both parties. A mediator's function shall be to bring the parties together under such circumstances as will tend to effectuate settlement of the dispute, but neither the mediator nor the board has any power of compulsion in mediation proceedings. The cost of mediation shall be borne by the municipality.

    B.

    If, on the 30th day prior to the contract expiration date, a collective bargaining agreement has not been executed between the parties, the parties shall select a factfinder from a list of nine names, three names from the state and six names from outside the state, submitted by the American Arbitration Association unless otherwise mutually agreed to by the parties, to conduct a hearing and return findings of fact concerning the specific issue in question. The factfinder shall have the power to determine all relevant facts including but not limited to workload, productivity, economic feasibility, cost of living, the parties' bargaining history, relevant market comparisons in the public sector and relevant market comparisons in the private sector taking into account the cost of living in the markets compared, the employer's past practice and impact on personnel or workplace morale. The cost of the factfinder shall be shared equally by the parties. The factfinder shall within seven days of appointment conduct informal hearings and return his findings to the employer and bargaining representative. If, within 14 days after transmission of the findings of fact to the parties, an agreement has not been reached, the parties shall submit all unresolved matters to arbitration. Findings shall be made public upon delivery to the employer and bargaining representative.

(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1))