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

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

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

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  1. Fact-Finding:How to PrepareandWhat They are Finding By: Michelle Miller-Kotula millerkotula@comcast.net

  2. I. BACKGROUND INFORMATION ON FACT-FINDING

  3. 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

  4. 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

  5. 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

  6. 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

  7. Who are the Fact-Finders? • Full time neutrals • Knowledgeable in the school related fields with budget, finance, education programs, taxation • Experience in similar processes

  8. How are Fact-Finders are selected? • PLRB makes appointments • PLRB meets designated times during the year

  9. Who pays for fact-finding? • Parties split fee

  10. Why is Fact Finding important? • A valuable tool to resolve the impasse. • Provides different expertise • Neutral person assigned • Value of Report

  11. What happens when Fact-Finding fails? • Proceed to next steps • Must work to settle dispute

  12. II. HOW TO PREPARE FOR FACT-FINDING

  13. 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.)

  14. 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

  15. 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.

  16. III. WHAT ARE FACT-FINDERS FINDING?

  17. 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

  18. FACT- FINDING STATISTICS - 2011

  19. FACT- FINDING STATISTICS - 2012

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