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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 fact-finding 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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