Common use of Fact Finding Clause in Contracts

Fact Finding. If the mediation process has been utilized and has failed to bring about agreement on all items (or if mediation was not used), the unresolved items shall be submitted to fact finding as follows: A fact-finding committee consisting of three teachers shall be formed. One teacher shall be selected by the Association and one teacher shall be selected by the Board within five (5) days. These two teachers will notify the State Superintendent of Public Instruction (or designee) that a fact-finder is needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact-finders to the parties. If the representative of the Board and the representative of the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The two representatives shall then continue alternately striking a name from the list until only one name remains. That person shall then be named to serve as chairperson of the fact-finding committee. Within five (5) days after the selection of the chairperson, the representatives of the parties shall meet to exchange written language of each item at impasse. The exchanged documents shall be furnished to the chairperson and other teachers of the committee. Each item submitted to fact finding shall show the last position taken by each negotiating team. The cost for the services of the fact-finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third teacher shall be shared equally by the Board and the Association. The fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given the opportunity to present its case with supporting evidence. The chairperson shall convene the committee for fact-finding. The committee shall meet with representatives of both parties, and within twenty (20) days after the fact-finding hearing, shall present its written recommendations to the Board and the Association. The report shall set forth findings of fact and recommendations on the issues submitted. If either party decides it must reject one or more of the committee’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and the Association. The parties shall meet seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements as provided for by this action, either party may discontinue such effort. The local board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. Three-teacher Committee After composition, said committee shall conduct a fact-finding hearing and shall adopt and issue procedural rules to all parties as to the conduction of said hearings. Within ten days after said hearing, the committee shall issue its findings and recommendations to both parties; however, the committee’s report shall be advisory only and shall not be binding on either party.

Fact Finding. If the mediation process has been utilized and has failed to bring about agreement on all items Within ten (or if mediation was not used)10) days of any request for fact finding, the unresolved items Board and Association representatives shall be submitted to fact finding as follows: A each designate one (1) member of the fact-finding committee consisting of three teachers shall be formedpanel. One teacher The third member shall be selected by the Association and one teacher first two (2) members as follows: The parties shall be selected by the Board within five (5) days. These two teachers will notify the State Superintendent of Public Instruction (or designee) that a fact-fact finder is needed. The State Superintendent of Public Instruction (or designee) shall provide needed and request a list of five (5) potential fact-fact finders to from the partiesState Superintendent. If no name on the representative of the Board and the representative of the Association cannot agree upon a namelist is agreeable to both parties, then there shall be a coin toss. The winner of toss shall occur with the party winning the toss shall decide whether having the right to strike a name first or to have the loser of the toss strike a name first from the list. The two representatives shall parties will then continue alternately striking a name names from the list until only one name remains. That The person shall then be named to whose name remains on the list will serve as the chairperson of the fact-finding committee. Within five (5) days after the selection of the chairperson, the representatives of the parties shall meet to exchange written language of on each item at impasse. The exchanged documents shall be furnished to the chairperson and other teachers members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. All items not submitted to impasse or tentatively agreed upon in negotiations will be considered as withdrawn. It shall be the responsibility of the majority of the panel to issue a recommendation on all items at impasse, but such recommendation will be advisory in nature and nonbinding on either party. The cost for the services of the fact-finding committeechairperson, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Boardexpenses, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third teacher shall be shared equally by the Board and the Association. Each party will be responsible for the expenses and cost for services of its member on the fact-finding committee. The fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given the an opportunity to present its case with supporting evidence. All hearings by the Fact-Finding Committee shall be conducted in closed session. The chairperson shall convene the committee for fact-fact finding. The committee shall meet with the representatives of both partiesparties and, and within twenty (20) days after the fact-finding hearing, meeting shall present its written recommendations recommendation to the Board and the Association. The report shall set forth findings of fact and recommendations on the issues submitted. If either party decides it must reject one or more of the committee’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements statements, as provided for by this actionsection, either party may discontinue such effort. The local board Board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent of Public InstructionSuperintendent. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations negotiation’s impasse process within thirty (30) days of the effective date of implementation. Three-teacher Committee After composition, said committee shall conduct a fact-finding hearing and shall adopt and issue procedural rules to all parties as to the conduction of said hearings. Within ten days after said hearing, the committee shall issue its findings and recommendations to both parties; however, the committee’s report shall be advisory only and shall not be binding on either party.

Fact Finding. If the mediation process has been utilized and has failed to bring about agreement on all items (or if mediation was not used), the unresolved items shall be submitted to fact finding as follows: A fact-finding committee consisting of three teachers shall be formed. One teacher shall be selected by the Association and one teacher shall be selected by the Board within five (5) days. These two teachers will notify the State Superintendent of Public Instruction (or designee) that a fact-finder is needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact-fact- finders to the parties. If the representative of the Board and the representative of the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The two representatives shall then continue alternately striking a name from the list until only one name remains. That person shall then be named to serve as chairperson of the fact-finding committee. Within five (5) days after the selection of the chairperson, the representatives of the parties shall meet to exchange written language of each item at impasse. The exchanged documents shall be furnished to the chairperson and other teachers of the committee. Each item submitted to fact finding shall show the last position taken by each negotiating team. The cost for the services of the fact-finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third teacher shall be shared equally by the Board and the AssociationAsso IV. The fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given the opportunity to present its case with supporting evidence. The chairperson shall convene the committee for fact-finding. The committee shall meet with representatives of both parties, and within twenty (20) days after the fact-finding hearing, shall present its written recommendations to the Board and the Association. The report shall set forth findings of fact and recommendations on the issues submitted. If either party decides it must reject one or more of the committee’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and the Association. The parties shall meet seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements as provided for by this action, either party may discontinue such effort. The local board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. Three-teacher Committee After composition, said committee shall conduct a fact-finding hearing and shall adopt and issue procedural rules to all parties as to the conduction of said hearings. Within ten days after said hearing, the committee shall issue its findings and recommendations to both parties; however, the committee’s report shall be advisory only and shall not be binding on either party.APPENDIX

Fact Finding. If the mediation process has been utilized − The following should occur when an allegation of abuse or alleged misconduct is reported: − The superintendent, principal, vice-principal, program director, finance and has failed to bring about agreement on all items (operations manager, or if mediation was not used), the unresolved items shall be submitted to fact finding as follows: A fact-finding committee consisting of three teachers shall be formed. One teacher shall be selected by the Association and one teacher shall be selected by the Board within five (5) days. These two teachers residence manager will notify the State Superintendent of Public Instruction employee (or designeethe accused) that an allegation of abuse has been received and that a fact-finder is neededmeeting to discuss the allegation will take place. − This notification will be done with great confidentiality and privacy. The State Superintendent of Public Instruction (or designee) shall provide employee will be advised that a list of five (5) potential fact-finders response to the partiesallegation is not necessary at this time. If − The employee will be given time to arrange for a representative from his/her union to be present at the representative meeting. − At the meeting the employee will be informed of the Board and the representative nature of the Association cannot agree upon a nameallegation, then there shall be a coin toss. The winner the name(s) of the toss shall decide whether to strike a name first or to have person(s) making the loser of the toss strike a name first from the list. The two representatives shall then continue alternately striking a name from the list until only one name remains. That person shall then be named to serve as chairperson of the fact-finding committee. Within five (5) days after the selection of the chairperson, the representatives of the parties shall meet to exchange written language of each item at impasse. The exchanged documents shall be furnished to the chairperson and other teachers of the committee. Each item submitted to fact finding shall show the last position taken by each negotiating team. The cost for the services of the fact-finding committee, including the per diem expenses, if anyallegation, and actual and necessary travel expenses shall advised that a formal ministry investigation may be shared in conducted. − During the following manner: The Board shall assume meeting the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third teacher shall be shared equally by the Board and the Association. The fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall employee will be given the opportunity to present its case with supporting evidencerespond to the allegation. The chairperson shall convene employee's response to the committee allegation will be confirmed in writing by the superintendent, principal, vice-principal, program director, finance and operations manager, or residence manager in writing and given to the employee as soon as possible after the meeting. − Staff who may have witnessed the event must be available for factan interview. Before going off duty, staff will submit a written report on what they witnessed, including the time and the date of the incident. Non-finding. The committee shall accused staff will be given the opportunity to meet with representatives their union representative before being interviewed. MINISTRY OF EDUCATION PROVINCIAL AND DEMONSTRATION SCHOOL POLICIES AND PROCEDURES MANUAL Page 2 of both parties, and within twenty (20) days after the 5 Fact-Finding Documentation The fact-finding hearingdocumentation should contain: − a description, shall present its including the location and time of the allegation; − an account of the allegation from the accused employee; − an account(s) from witnesses or any other person(s) who may have knowledge of the incident, and/or attachment of statement(s) which the witnesses have written recommendations to the Board and the Associationthemselves. The report shall set forth findings of fact and recommendations − any other information having a bearing on the issues submitted. If either party decides it must reject one or more of incident(s); and, − details as to who was notified about the committee’s recommendations, said party must, within seven (7incident/allegation(s) days after ego the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and the Association. The parties shall meet seven (7) days of the request, unless both parties deem it unnecessary. At such meetingChildren's Aid Society, the parties shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable police, ministry officials, etc., and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; providedwhen and by whom, after fourteen (14) days after the exchange of written statements as provided for by this action, either party may discontinue such effort. The local board shall file and/or a copy of the fact-finding report with the office completed Incident Report. − A recommendation that a formal investigation should or should not be conducted. The Director of the State Superintendent of Public Instruction. If Provincial Schools Branch will consider the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition recommendations of the negotiations impasse process within thirty (30) days fact finding documentation and decide whether or not to proceed with a formal investigation. The employee will be notified of the effective date of implementation. Three-teacher Committee After composition, said committee shall conduct a fact-finding hearing and shall adopt and issue procedural rules to all parties decision as to the conduction of said hearings. Within ten days after said hearing, the committee shall issue its findings and recommendations to both parties; however, the committee’s report shall be advisory only and shall not be binding on either partysoon as possible.

Fact Finding. If the mediation process has been utilized and has failed to bring about agreement on all items (or if mediation was not used), the unresolved items shall be submitted to fact finding as follows: A fact-finding committee consisting of three teachers shall be formed. One teacher shall be selected by the Association and one teacher shall be selected by the Board within five (5) days. These two teachers will notify the State Superintendent of Public Instruction (or designee) that a fact-finder is needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact-fact- finders to the parties. If the representative of the Board and the representative of the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The two representatives shall then continue alternately striking a name from the list until only one name remains. That person shall then be named to serve as chairperson of the fact-finding committee. Within five (5) days after the selection of the chairperson, the representatives of the parties shall meet to exchange written language of each item at impasse. The exchanged documents shall be furnished to the chairperson and other teachers of the committee. Each item submitted to fact finding shall show the last position taken by each negotiating team. The cost for the services of the fact-finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, the Association shall assume the expenses of the representative selected by the Association, and the expenses of the third teacher shall be shared equally by the Board and the Association. The fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given the opportunity to present its case with supporting evidence. The chairperson shall convene the committee for fact-finding. The committee shall meet with representatives of both parties, and within twenty (20) days after the fact-finding hearing, shall present its written recommendations to the Board and the Association. The report shall set forth findings of fact and recommendations on the issues submitted. If either party decides it must reject one or more of the committee’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and the Association. The parties shall meet seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements as provided for by this action, either party may discontinue such effort. The local board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. Three-teacher Committee After composition, said committee shall conduct a fact-finding hearing and shall adopt and issue procedural rules to all parties as to the conduction of said hearings. Within ten days after said hearing, the committee shall issue its findings and recommendations to both parties; however, the committee’s report shall be advisory only and shall not be binding on either party.