what is fact finding
TRANSCRIPT
-
7/31/2019 What is Fact Finding
1/3
What is Fact Finding?
Fact-finding may be invoked when there is a failure to resolve the
impasse through the mediation process. The parties are encouraged to
mutually agree on the appointment of a fact-finder. The objective of the fact-finder is to develop a settlement which is acceptable to both parties.
Therefore, it is imperative that the fact-finder be cognizant of the fact that any
agreement must be ratified by both the school board as a whole and the local
associations membership as a whole. Fact-finding, although advisory in
nature, has proved to be helpful in resolving negotiation impasses especially
when the political needs of one or both parties must be accommodated. In this
process each team presents its case to a neutral third party, or fact-finder.
The fact-finder shall make findings of fact and shall recommend in a
report the terms of the settlement as soon as possible after the conclusion of
the hearings. The cost of the fact-finders services, including per diem and
travel expenses, is shared equally by the parties to the dispute. While the fact-
finders report is not binding on the parties, they must meet after the report is
delivered. The fact-finders report shall be made available to the parties
immediately after its issuance and to the public 10 days later.
-
7/31/2019 What is Fact Finding
2/3
COMPOSTELA VALLEY DIVISION
GRIEVANCE COMMITTEE
Members
1. MRS. SECINIA C. MORALES2. MRS. MARIETA SINTO3. MRS. MA. CONCHITA B. CLARO
GUIDELINES FOR THE GRIEVANCE COMMITTEE
SCOPE:
1. a. The Grievance Committee shall consider only individual grievances of
specific nature of members of the Division and rose individually by the concernedaggrieved employee.
b. The Grievance Committee shall not consider any grievance of general
applicability or of collective nature of raised collectively by more than one
employee.
PROCEDURE, PERIODICITY AND ATTENDANCE AT MEETINGS:
2. a. The Grievance Committee will meet at least once a month. However, if
necessary, it may meet more frequently at the instance of the Convener or at therequest of the other members to discuss the various issues received.
b. At least three members of the Grievance Committee shall be present in
a meeting.
c. If a member of the Grievance Committee is connected with the
grievance of the aggrieved individual, the concerned member of the Grievance
Committee shall not participate in the deliberations regarding that individual's case.
d. If the aggrieved person happens to be a member of the Grievance
Committee, then he shall not participate in the deliberations as a member of the
Committee when his/her representation is being considered.
TERMS OF REFERENCE:
3. a. The Grievance Committee shall consider all grievances submitted in
writing by an individual member of the Schools Division regarding employment,
working conditions and any other alleged injustice done to an employee while
discharging his duties.
-
7/31/2019 What is Fact Finding
3/3
b. The Grievance Committee shall have access to all files confidential or
otherwise relevant to the individual's grievance.
c. The Committee shall study the petition and after looking into the
relevant documents discuss with those concerned and submit
its recommendations and report to the Schools Division Superintendent
as expeditiously as possible, but in any case within three months of the date
of petition.
d. In case of any difficulties, the Grievance Committee shall have
discussion with the Schools Division Superintendent before a decision is taken.
e. The Schools Division Superintendent, as far as possible, shall be
guided by the advice of the Grievance Committee unless the recommendations of
the Committee violate basic rules and norms of the Division.
f. Any dead-lock shall be resolved by joint meeting of the Schools
Division Superintendent and the Executive Committee of the Division.
g. The final settlement of any grievance shall be made within a reasonable
period( normally not exceeding one month) after the recommendations are
submitted to the Schools Division Superintendent by the Grievance Committee.
PROCEDURE FOR REDRESSEL OF GRIEVANCES :
4. a. The aggrieved member shall submit his petition to the Schools Division
Superintendent through the Chairman of the concerned department with a copy to
the Grievance Committee. The member may alternatively submit his/her petition to
the Secretary of the Division Association who shall forward the petition to the
Grievance Committee.
b. On receipt of a petition the Grievance Committee will endeavour to
send its recommendation to the Schools Division Superintendent within one
month if possible, but in any case not beyond three months, for further action.
c. Where the petition comes through the Departmental Chairman he shall
either redress the grievance or forward it to the concerned Divisional Chairman
within two weeks. The Divisional Chairman, after processing it shall send his
findings and recommendations to the Grievance Committee within two weeks. The
Grievance Committee shall look into the petition, discuss with the
concerned person, refer to the relevant documents and send its recommendations to
the Schools Division Superintendent for further action.