barry yomtov, laura campione, phil feldman undercover

205 CONCILIATION

205.1 Impasses

(a) Filing of declaration of impasse. In the event that a public employer and a certified or recognized employee organization have failed to achieve an agreement, either the public employer or the employee organization may notify the board in writing of the existence of an impasse by filing a declaration of impasse. An original and one copy of the declaration shall be filed with the director of conciliation, and another shall be served upon all other parties to the negotiations. Such declaration shall specify:

(1) the name, affiliation, if any, and address, telephone number, fax number, and electronic mail address, if any, of the person issuing the declaration;

(2) the name or names and address(es), telephone number, fax number, and electronic mail address, if known, of the other parties to the collective negotiations;

(3) a statement that the employee organization involved is either certified or recognized;

(4) the number of employees in the negotiating unit, together with a list of the job titles represented in that unit;

(5) the public employer’s fiscal year and the expiration date of the present agreement;

(6) a clear and concise history of negotiations leading to the impasse, including the number and dates of the negotiation sessions;

(7) a list of all presently unresolved issues;

(8) a statement that a copy of the declaration has been served upon the other parties to the collective negotiations;

(9) a statement that the individual filing the declaration has authority to do so on behalf of the filing party; and

(10) a clear and concise statement of any other relevant facts.

(b) Assignment of mediator. Upon receipt of the declaration of impasse, the director of conciliation shall determine its sufficiency, and thereafter may appoint a mediator from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of the impasse. Nothing herein shall preclude an impasse from being deemed to exist on motion of the director of conciliation or the board.

(c) Assignment of fact finder. Except for those disputes that are eligible for compulsory public interest arbitration pursuant to sections 209.4 or 209.5 of the act, should the mediation process not achieve an agreement, either party to the negotiations may file with the director of conciliation an original and one copy of a request for appointment of a fact finder. The request for fact-finding shall specify:

(1) The name, affiliation, if any, address, telephone number, fax number and electronic mail address if any, of the person issuing the request;

(2) The name(s), address(es), telephone number(s), fax number(s) and electronic mail address(es) if known, of the other party(ies) to the collective negotiations;

(3) The name of the mediator and the number and dates of mediation sessions;

(4) A list of all presently unresolved issues;

(5) A statement that a copy of the request has been served upon the other party(ies) to the collective negotiations; and

(6) A clear and concise statement of any other relevant facts. Upon receipt of the request for fact-finding, the director of conciliation shall determine its sufficiency, and thereafter may make an assignment from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of the impasse. Nothing herein shall preclude fact-finding from being deemed appropriate on motion of the director of conciliation or the board.