2013 Kentucky Revised Statutes CHAPTER 67C - RESTRUCTURE OF LOCAL GOVERNMENT IN COUNTY CONTAINING CITY OF FIRST CLASS 67C.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)
(2)
(3)
(4)
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.
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
consolidated local 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 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 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 68, effective July 15, 2010. -Created 2004 Ky. Acts ch. 101, sec. 7, effective July 13, 2004.
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