When the statutory procedures of divisions (C)(2)
to (C)(6) of section 4117.14 of the Revised Code apply, fact-finding shall be
conducted in accordance with these terms:
(A) Subsequent to receipt of a request
via electronic mail from either party for fact-finding and to the appointment
of a mediator, the board shall send to the parties a list of five fact finders
from the board's roster of neutrals. Other than a joint request by the
parties, a request via electronic mail for fact-finding must be filed with the
board, served upon the other party, and include proof of service pursuant to
rule 4117-1-02 of the Administrative Code. A second list shall be issued only
pursuant to a statement showing good cause.
(B) Not later than seven days after the
date that the board sent to the parties a list of fact finders, the parties
shall submit to the board via electronic mail a mutually selected fact-finding
panel of one or three members. The names of mutually selected alternates to the
preferred panel also shall be submitted to the board via electronic mail at
this time. Such selections shall be made by alternate striking of the names,
unless the parties mutually agree to another means of selection. If the parties
do not select a fact-finder or cannot agree to the number of members on the
panel, the board shall appoint a one-member panel.
(C) The parties may mutually select any
fact finder from the board's roster of neutrals instead of selecting from
the list provided by the board, or the parties may select a fact finder not
listed on the board's roster of neutrals. The parties selection of a fact
finder not listed on the board's roster of neutrals does not constitute a
mutually agreed-upon dispute settlement procedure under rule 4117-9-03 of the
Administrative Code unless the parties have complied with the requirements set
forth in rule 4117-9-03 of the Administrative Code.
(D) Upon receipt of notice of the
fact-finding panel selected by the parties, the board shall appoint a
fact-finding panel no later than fifteen days after receipt of the request for
fact-finding or the appointment of a mediator, whichever occurs later. If the
parties have not submitted a selected fact-finding panel to the board within
the time designated in these rules, the board shall, in its sole discretion,
appoint a fact-finding panel consisting of one member.
(E) In those cases where selected fact
finders are unavailable, the parties may select another fact finder from the
same list and notify the board via electronic mail within three days. If no
selection is made, the board shall appoint a fact finder at its
discretion.
(F) Pursuant to division (C)(3)(a) of
section 4117.14 of the Revised Code, upon notice of appointment of the
fact-finding panel and no later than five p.m. on the last business day prior
to the hearing, each party shall submit via electronic mail to the fact-finding
panel and the other party a position statement. A failure to submit via
electronic mail such a position statement to the fact finder and the other
party no later than five p.m. on the last business day prior to the hearing,
shall cause the fact-finding panel to take evidence only in support of matters
raised in the written statement that was submitted prior to the hearing. The
statement shall include:
(1) The name of the party
and the name, mailing address, email address, and telephone number of the
principal representative of the party;
(2) A description of the
bargaining unit including the approximate number of employees;
(3) A copy of the current
collective bargaining agreement, if any; and
(4) A statement defining
all unresolved issues and summarizing the position of the party with regard to
each unresolved issue.
(G) The parties may mutually agree to an
extension of the statutory fact-finding timelines at any time subsequent to the
appointment of the fact-finding panel. An extension must be specific as to
duration, agreed to by both parties, and submitted to the panel and filed with
the board via electronic mail within five days of its execution. An extension
may be continued, provided the original extension procedures are followed. The
factfinding panel has no authority to extend the statutory timelines absent
mutual agreement of the parties.
(H) The fact-finding panel must hold an
evidentiary hearing except that the parties may stipulate facts and waive
hearing. For purposes of hearing, the fact-finding panel shall have the power
to regulate the time, place, course, and conduct of the hearing, administer
oaths and affirmations, examine witnesses and documents, take testimony and
receive evidence, and request the board to issue subpoenas to compel attendance
of witnesses and the production of books, papers, and records relating to any
matter before the fact-finding panel. The fact-finding panel may not choose a
hearing location at a cost to the parties unless the parties fail to agree to
an alternate cost-free location. Costs associated with a meeting room shall be
the obligation of the parties.
(I) Fact-finding hearings are to be held
in private.
(J) The fact-finding panel, in making
findings of fact, shall take into consideration all reliable information
relevant to the issues before the fact-finding panel.
(K) The fact-finding panel, in making
recommendations, shall take into consideration the following factors pursuant
to division (C)(4)(e) of section 4117.14 of the Revised Code:
(1) Past collectively
bargained agreements, if any, between the parties;
(2) Comparison of the
unresolved issues relative to the employees in the bargaining unit with those
issues related to other public and private employees doing comparable work,
giving consideration to factors peculiar to the area and classification
involved;
(3) The interest and
welfare of the public, the ability of the public employer to finance and
administer the issues proposed, and the effect of the adjustments on the normal
standard of public service;
(4) The lawful authority
of the public employer;
(5) Any stipulations of
the parties;
(6) Such other factors,
not confined to those listed above, which are normally or traditionally taken
into consideration in the determination of issues submitted to mutually
agreed-upon dispute settlement procedures in the public service or in private
employment.
(L) No later than fourteen days after the
appointment of the fact-finding panel, unless the parties mutually agree to an
extension, the fact-finding panel, acting by a majority of its members, shall
serve on the parties and the board via electronic mail findings of fact,
recommendations on the unresolved issues, and a separate summary of each
recommendation. Any subsequent change or adjustment by the fact-finding panel
in the fact-finding report must be based upon error or omission and must be
submitted by the fact-finding panel to the board for consideration and
imposition of new time periods. If the fact-finder's report contains an
error that needs correction, the parties shall contact the fact finder to raise
the concern. If the report contains a substantive error that requires an
adjustment to the report, the fact finder shall file a request with the board
for authorization to adjust the report. Unless the parties agree to extend the
voting period, the parties should conduct a vote upon the report as issued
without correction. Once the board grants authorization for the fact finder to
adjust the report, new timelines will be established for conducting a new vote
to accept or reject the report as adjusted. Obvious typographical errors
admitted by the fact finder do not require a board authorized
adjustment.
(M) Immediately upon receipt, the
exclusive representative shall make available, by posting or by other method
reasonably calculated to inform the members of the employee organization in the
unit, the findings, recommendations, and summaries of the fact-finding panel
together with a notice of the dates, times, and places where the employee
organization's members in the unit may vote to approve or reject the
recommendations of the fact-finding panel. A secret ballot election shall be
conducted by the exclusive representative at the dates, times, and places set
forth in the notice. Such election shall be conducted not later than seven days
after the findings, recommendations, and summaries of the fact-finding panel
are served pursuant to paragraph (C) of rule 4117-1-02 of the Administrative
Code. Each member of the employee organization in the unit shall at the time
and place of election be issued a ballot containing a choice of
"approve" and a choice of "reject" the recommendations of
the fact-finding panel. There shall be no voting by proxy. The ballots shall be
tallied immediately upon the conclusion of the election. Verification by
electronic mail of the date of the election, the vote tally, and the number of
members of the employee organization in the unit shall be served upon the board
and served upon the employer within twenty-four hours after the tally of
ballots, but in no event later than twenty-four hours after the expiration of
the seven-day voting period. The verification must contain proof of service
upon the employer pursuant to rule 4117-1-02 of the Administrative Code.
Failure to serve upon the board and the employer the required voting
information within twenty-four hours of the expiration of the seven-day voting
period shall constitute failure to reject the recommendations, and the
recommendations shall be deemed accepted as the resolution of issues submitted
to fact-finding. Oral notification to the board or the employer shall not
constitute timely compliance with this rule.
(N) Immediately upon receipt, the
employer's representative shall make available to the appropriate
legislative body the findings, recommendations, and summaries of the
fact-finding panel. Not later than seven days after the findings,
recommendations, and summaries of the fact-finding panel are served pursuant to
paragraph (C) of rule 4117-1-02 of the Administrative Code, the legislative
body shall meet and vote to accept or reject the recommendations of the
fact-finding panel. Verification by electronic email of the date of the vote,
the vote tally, and the number of members of the legislative body shall be
served upon the board and the exclusive representative within twenty-four hours
after the vote count but in no event later than twenty-four hours after the
expiration of the seven-day voting period. The verification must contain proof
of service upon the employee organization pursuant to rule 4117-1-02 of the
Administrative Code.
Failure to serve upon the board and the employee
organization the required information within twenty-four hours of the
expiration of the seven-day voting period shall constitute failure to reject
the recommendations, and the recommendations shall be deemed accepted as the
resolution of issues submitted to fact-finding. Oral notification to the board
or the employee organization shall not constitute timely compliance with this
rule.
(O) If neither party rejects by a
three-fifths vote the recommendations of the fact-finding panel, not later than
seven days after the recommendations are sent, the recommendations shall be
deemed agreed upon as the final resolution of the issues submitted to the
fact-finding panel and a collective bargaining agreement shall be executed,
including the fact-finding panel's recommendations, except as otherwise
modified by the parties by mutual agreement.
(P) If the recommendations of the panel
are rejected by a three-fifths vote of either party and the rejection
information required by paragraph (M) or (N) of this rule is timely served upon
the board and the other party, the board shall post a copy of the fact-finding
report and the notice of rejection in its Columbus offices and shall mail
copies to the press, with recipients determined at the board's discretion.
A board-provided notice of the rejection and a copy of the fact-finding report
shall be posted by the employer and the employee organization in conspicuous
locations where employees will be reasonably apprised of the contents. The
"date of publication" is the date the board mails the notice and
report to the press. A notice of rejection shall remain posted for a period of
thirty days or until settlement occurs, whichever is earlier.
(Q) The parties shall share the cost of
the fact-finding panel in a manner agreed to by the parties. If the parties
cannot agree on how to share the cost of fact-finding, the parties shall each
pay one-half of the remaining cost.
