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345.080 Petition for fact-finding panel upon deadlock -- Hearings -- Findings -Expenses -- Rules.
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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 in an
existing agreement the parties to the negotiations are deadlocked, either party or the
parties jointly may petition the board, by certified mail, return receipt requested, or
by registered mail, to initiate fact finding.
Upon receipt of a petition to initiate fact finding, the secretary 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 secretary's investigation, and if a settlement between the
parties has still not been reached, the secretary shall within five (5) days appoint a
qualified and disinterested person as the impartial chairman of a three (3) man 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) by the employer, 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 employer 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 and recommendations for solution of the dispute. The panel shall
cause all of its written findings, recommendations, and opinions to be served on the
employer and labor organization (parties) and same shall be released to the public.
Expenses incurred by the three (3) man panel in this section shall be paid by the
parties involved in the labor dispute.
The secretary may adopt, promulgate, amend, and rescind such rules and regulations
as he or she deems necessary and administratively feasible not inconsistent with the
provisions of this chapter to carry out his or her responsibilities over the fact-finding
procedures set forth in this section. However, unless the parties agree to extend the
time for the hearings, they must be completed with recommendations from the factfinding panel, within one hundred twenty (120) days from the date the petition to
initiate the fact-finding procedure was received by the secretary.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1869, effective July 15, 2010. -Amended 1998 Ky. Acts ch. 579, sec. 13, effective July 15, 1998. -- Amended 1974
Ky. Acts ch. 315, sec. 72. -- Created 1972 Ky. Acts ch. 120, sec. 9.
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