UNISERV Views

Greetings ROEA Members!

As many of you may know, the district has filed for fact finding and you're probably wondering what this means to us. I have compiled some questions and answers about the fact finding process. Please let me know if you have other questions.

1. What is fact-finding? A process by which the Michigan Employment Relations Commission (MERC) becomes involved in a disagreement between parties to publicly make a non-binding decision of the facts that caused the disagreement.

1. How is the fact finder selected? After receiving the application for fact-finding and answer, MERC will provide the parties with a list of five fact finders. Each party may delete four names from the list and is not required to provide any reason(s) for the deletion. MERC will then appoint a fact finder from the one(s) remaining.

1. What is the purpose of fact finding? The public is made aware of the "facts" surrounding the labor dispute, which puts pressure on the parties to reach a settlement even though the fact finder's report is non-binding.

1. How long does fact finding take? Fact findings vary in length; each party has an opportunity to present their case. The issues are identified in the fact finding petition.

1. When is the fact finder required to issue his/her findings? Neither PERA nor MERC place time limits on how long the fact finder has to prepare their report.

1. What happens after the fact finder's report is issued? Whether the report is favorable to the Association or to the District, frequently the "facts" are utilized by the party deeming the report to be favorable to their side as an impetus to reach agreement on a new contract since the public is now aware of the "facts".

1. Can the District impose its Last, Best and Final Offer? The District may not impose the terms of its Last, Best and Final Offer until 60 days after the fact finder issues his or her report. Even if the District imposes after the issuance of the fact finder's report, under PERA, the parties have an obligation to continue negotiating any mandatory subject of bargaining (i.e. wages, hours, benefits and working conditions)