Fact-Finding : How to Prepare and What They are Finding

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Fact-Finding : How to Prepare and What They are Finding. By: Michelle Miller-Kotula millerkotula@comcast.net. I. BACKGROUND INFORMATION ON FACT-FINDING. What are the Commonwealth laws administered and enforced by the PLRB concerning labor-management relations?. (1) PA Labor Relations Act - PowerPoint PPT Presentation

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<p>Fact-Finding: How to Prepare and What They are Finding</p> <p>Fact-Finding:How to PrepareandWhat They are Finding</p> <p>By: Michelle Miller-Kotulamillerkotula@comcast.net</p> <p>I. BACKGROUND INFORMATION ON FACT-FINDING</p> <p>What are the Commonwealth laws administered and enforced by the PLRB concerning labor-management relations?</p> <p>(1) PA Labor Relations Act(2) Public Employe Relations Act (PERA) (3) Act 111 of 1968 (4) Act 88 of 1992 </p> <p>What is Fact Finding?</p> <p>A dispute resolution mechanism under which opposing parties submit their best and final offers to a third-party reviewer. Hearing is conducted &amp; Report is issuedReport is accepted basis of contractReport is rejected continue negotiating</p> <p>How do the parties end up in Fact Finding?</p> <p>Collective bargaining impasseA request for Fact-Finding was madeMediation process commenced Role of State MediatorExceptions to requesting Fact-FindingDuring mandated final best offer arbitration.Cannot occur between notice of strike and the conclusion of the strike </p> <p>What is the Fact Finding procedure?</p> <p>PLRB appoints Fact-Finders 40 day period to issue report 10 days to vote to accept or reject recommendations Accepted - basis for the contract.Rejected, the report is published on the PLRBs website, other mechanisms kick in Parties must vote again within 5 to 10 day period to accept or reject</p> <p>Who are the Fact-Finders?</p> <p>Full time neutralsKnowledgeable in the school related fields with budget, finance, education programs, taxationExperience in similar processes</p> <p>How are Fact-Finders are selected?</p> <p>PLRB makes appointments PLRB meets designated times during the year</p> <p>Who pays for fact-finding?</p> <p>Parties split fee </p> <p>Why is Fact Finding important?</p> <p>A valuable tool to resolve the impasse.Provides different expertiseNeutral person assigned Value of Report </p> <p>What happens when Fact-Finding fails?</p> <p>Proceed to next stepsMust work to settle dispute</p> <p>II. HOW TO PREPARE FOR FACT-FINDING</p> <p>What items are important for Fact-Finders to consider?</p> <p>Testimony and evidence provided during hearingExecutive session discussionsExpired CBAComparisons Interest, welfare of taxpayers, ability to District to finance proposalsEach issue is reviewed on individual merit and how it fits into AgreementChanges in the Cost of LivingResults of negotiations between partiesOther labor agreements in the DistrictStipulations made by the partiesOverall consideration of the economyIncreasing benefit CostsUncertainty of the impact of certain costs (PSERS, State Aid, etc.)</p> <p>How should the parties prepare for the Fact-Finding process?</p> <p>Begin process immediately40 day time limitSchedule Fact-Finding hearing sooner than laterPrepare statement of positions within 5 days Set up meeting with Fact-Finder, share informationInclude personnel who are decision makers and committed to the processExecutive session discussions critical to processBe open to the processConsider suggestions of Fact-FindersFact-Finding reportFramework for resolutionAdvantage to next step in the processMust evaluate the entire package</p> <p>Fact Finding Hearing tips:</p> <p>Schedule hearing early in process Meeting location Include personnel on team that are committed to resolving the process.Who should Fact-Finder address?Ask for clarifications during presentation Be courteous and cooperativePresent relevant information in a timely mannerBe realistic and open to the process Be willing to share burden &amp; solutionsAgreement to resolve disputed itemsEvaluate the entire reportHave a meaningful intent to settle.</p> <p>III. WHAT ARE FACT-FINDERS FINDING?</p> <p>What are trends Fact-Finders are finding?</p> <p>Difficult times Wages Length of CBA RetroactivityHealth CareRetirement packagesInternal comparisons important.PSERS concernsLow cost or no cost itemsTentative agreements Costly to drag out negotiationsParties want to settle</p> <p>FACT- FINDING STATISTICS - 2011</p> <p>No. of requestsEmployer rejects/union acceptsEmployer accepts/union rejectsBoth acceptBoth rejectSettledJanuary431FebruaryMarch11April7331May11June22July211August312September61212October11NovemberDecemberFACT- FINDING STATISTICS - 2012</p> <p>No. of requestsEmployer rejects/union acceptsEmployer accepts/union rejectsBoth acceptBoth rejectSettledJanuaryFebruary22March6312April1134211May22June321July321August321September11October11November3111December211</p>

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