Fact-Finding:How to Prepare

andWhat 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(2) Public Employe Relations Act (PERA)

(3) Act 111 of 1968 (4) Act 88 of 1992

What is Fact Finding?

• A dispute resolution mechanism under which opposing parties submit their “best and final” offers to a third-party reviewer.

• Hearing is conducted & Report is issued• Report is accepted – basis of contract• Report is rejected – continue negotiating

How do the parties end up in Fact Finding?

• Collective bargaining impasse• A request for Fact-Finding was made• Mediation process commenced

• Role of State Mediator

• Exceptions to requesting Fact-Finding– During mandated final best offer arbitration.– Cannot occur between notice of strike and the

conclusion of the strike

What is the Fact Finding procedure?

• 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 PLRB’s

website, other mechanisms “kick in” • Parties must vote again within 5 to 10 day period to

accept or reject

Who are the Fact-Finders?

• Full time neutrals• Knowledgeable in the school related fields

with budget, finance, education programs, taxation

• Experience in similar processes

How are Fact-Finders are selected?

• PLRB makes appointments • PLRB meets designated times during the year

Who pays for fact-finding?

• Parties split fee

Why is Fact Finding important?

• A valuable tool to resolve the impasse.• Provides different expertise• Neutral person assigned • Value of Report

What happens when Fact-Finding fails?

• Proceed to next steps• Must work to settle dispute

II. HOW TO PREPARE FOR FACT-FINDING

What items are important for Fact-Finders to consider?

• Testimony and evidence provided during hearing• Executive session discussions• Expired CBA• Comparisons • Interest, welfare of taxpayers, ability to District to finance proposals• Each issue is reviewed on individual merit and how it fits into Agreement• Changes in the Cost of Living• Results of negotiations between parties• Other labor agreements in the District• Stipulations made by the parties• Overall consideration of the economy• Increasing benefit Costs• Uncertainty of the impact of certain costs (PSERS, State Aid, etc.)

How should the parties prepare for the Fact-Finding process?

• Begin process immediately• 40 day time limit• Schedule Fact-Finding hearing sooner than later• Prepare statement of positions within 5 days • Set up meeting with Fact-Finder, share information• Include personnel who are decision makers and committed to the process• Executive session discussions critical to process• Be open to the process• Consider suggestions of Fact-Finders• Fact-Finding report

• Framework for resolution• Advantage to next step in the process

• Must evaluate the entire package

Fact Finding Hearing tips:

• 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 cooperative• Present relevant information in a timely manner• Be realistic and open to the process • Be willing to share burden & solutions• Agreement to resolve disputed items• Evaluate the entire report• Have a meaningful intent to settle.

III. WHAT ARE FACT-FINDERS FINDING?

What are trends Fact-Finders are finding?

• Difficult times • Wages • Length of CBA • Retroactivity• Health Care• Retirement packages• Internal comparisons important.• PSERS concerns• Low cost or no cost items• Tentative agreements • Costly to drag out negotiations• Parties want to settle•

FACT- FINDING STATISTICS - 2011

No. of requests

Employer rejects/union accepts

Employer accepts/union rejects

Both accept Both reject Settled

January 4 3 1 February March 1 1 April 7 3 3 1May 1 1 June 2 2 July 2 1 1 August 3 1 2 September 6 1 2 1 2 October 1 1 November December

FACT- FINDING STATISTICS - 2012

No. of requests

Employer rejects/union accepts

Employer accepts/union rejects

Both accept Both reject Settled

January February 2 2 March 6 3 1 2 April 11 3 4 2 1 1May 2 2 June 3 2 1 July 3 2 1 August 3 2 1 September 1 1 October 1 1 November 3 1 1 1 December 2 1 1