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67C.412 Petition for fact-finding panel upon deadlock -- Hearings -- Findings -- Expenses.

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Page 1 of 1 67C.412 Petition for fact-finding panel upon deadlock -- Hearings -- Findings -- Expenses. (1) If, after a reasonable period, but in no event less than thirty (30) days, of negotiations over the terms of a new collective bargaining agreement or <br>modifications in an existing agreement, the parties to the negotiations are <br>deadlocked, either party or the parties jointly may petition the cabinet, by certified <br>mail, return receipt requested, or by registered mail, to initiate fact-finding. (2) Upon receipt of a petition to initiate fact-finding, the cabinet shall cause an investigation to determine whether or not the parties are deadlocked in their <br>negotiations. During the course of this investigation, the secretary is empowered to <br>utilize his or her office in an effort to effectuate a settlement between the parties <br>through mediation and conciliation. (3) Upon completion of the cabinet's investigation, and if a settlement between the parties has still not been reached, the secretary shall within ten (10) days appoint a <br>qualified and disinterested person as the impartial chairman of a three (3) member <br>panel to function as the fact-finders. In addition to the impartial chairman, the other <br>two (2) members of the panel shall be one (1) member named by the labor <br>organization and one (1) member named by the consolidated local government, <br>parties to the deadlocked negotiations. (4) Upon consultation with the other members of the panel, the impartial chairman shall establish dates and places for public hearings. Whenever feasible, public hearings <br>shall be held within the jurisdiction in which the consolidated local government is <br>located. The panel may subpoena witnesses, and a written transcript of the hearing <br>shall be made. Upon completion of the hearings the panel shall, by majority <br>decision, make written findings of fact, recommendations, and opinions to be served <br>on the consolidated local government and labor organization (parties) and these <br>shall be released to the public. Expenses incurred by the three (3) member panel in <br>this section shall be paid by the parties involved in the labor dispute. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 68, effective July 15, 2010. -- Created 2004 Ky. Acts ch. 101, sec. 7, effective July 13, 2004.