.412 Petition for fact-finding panel upon deadlock -- Hearings -- Findings -- Expenses.
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67C.412 Petition for fact-finding panel upon deadlock -- Hearings -- Findings --
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 department, 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 department shall cause an
investigation to determine whether or not the parties are deadlocked in their
negotiations. During the course of this investigation, the commissioner 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 department's investigation, and if a settlement between the
parties has still not been reached, the commissioner 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.
Effective: July 13, 2004
History:Created 2004 Ky. Acts ch. 101, sec. 7, effective July 13, 2004.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
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