67A.6907 Petition for fact-finding panel upon deadlock -- Hearings -- Findings -Expenses.
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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 to 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.
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.
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 urban-county government, parties to
the deadlocked negotiations.
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 urban-county 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 urban-county government and labor organization parties and 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 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 63, effective July 15, 2010. -- Created
2004 Ky. Acts ch. 100, sec. 7, effective July 13, 2004.
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