The Purpose of Fact-Finding

Fact-finding serves as a crucial dispute resolution mechanism in Ohio's public sector collective bargaining process. When unions and employers reach an impasse in negotiations, the fact-finding process provides a structured pathway to resolve differences through an independent, neutral third party.

The fact-finder's role is to investigate the positions of both parties, examine relevant economic data, consider comparable agreements, and propose a fair resolution that balances the interests of employees, the employer, and the public good. Through this process, parties can often find common ground and reach agreements that might otherwise remain elusive in direct negotiations.

Timeline and Key Deadlines

The fact-finding process follows precise statutory timelines established under Ohio law. The process typically begins when either party files a request for fact-finding, which can be done 45 days before the expiration of the current agreement. This timing allows sufficient opportunity for the process to conclude before the existing contract expires.

Once SERB provides a list of qualified neutrals, the parties have five days to select a fact-finder. This relatively short timeframe ensures the process moves forward without unnecessary delay. After selection, the fact-finding hearing must commence within 30 days of the fact-finder's appointment, providing parties adequate time to prepare their cases while maintaining momentum in the bargaining process.

Following the hearing, the fact-finder must issue their report within 14 days. This deadline ensures that parties receive timely recommendations while the evidence and arguments remain fresh, allowing for prompt consideration and decision-making regarding the proposed resolution.

Selecting a Fact-Finder

The selection of a fact-finder follows a carefully designed process that promotes mutual agreement while ensuring a timely appointment. SERB initiates the process by providing both parties with a list of qualified fact-finders who possess relevant experience in public sector labor relations and have demonstrated impartiality in previous cases.

Parties are encouraged to reach mutual agreement on a fact-finder from the provided list, as this cooperative approach often sets a positive tone for the subsequent proceedings. However, if the parties cannot agree, they engage in an alternating strike process, taking turns removing names from the list until only one remains. This method ensures fairness in the selection process while guaranteeing that a fact-finder will be chosen within the required timeframe.

Once selected, SERB formally appoints the fact-finder and provides notification to all parties, marking the official beginning of the fact-finding timeline. The appointment triggers various deadlines and responsibilities for both parties and the fact-finder.

The Hearing Process

The fact-finding hearing provides a structured yet relatively informal forum for presenting evidence and arguments. Prior to the hearing, parties submit position statements and supporting documentation, allowing the fact-finder to understand the key issues and prepare focused questions. This pre-hearing preparation enhances the efficiency of the actual proceedings.

During the hearing, each party presents their case through a comprehensive examination of evidence. This typically includes detailed wage and benefit comparisons from similar jurisdictions, relevant economic indicators and financial reports, historical bargaining information, and operational requirements. The presentation of evidence also encompasses public interest considerations, as fact-finders must weigh the impact of their recommendations on the broader community.

Throughout the proceedings, both parties have the opportunity to ask questions and seek clarification of presented evidence. This interactive process helps ensure that the fact-finder fully understands each party's position and the supporting rationale. The somewhat informal nature of the hearing allows for thorough exploration of issues while maintaining professional decorum.

Voting and Implementation

The conclusion of the fact-finding process involves a carefully structured voting procedure that determines whether the fact-finder's recommendations will become binding. Upon receiving the fact-finder's report, both parties have seven days to conduct their respective votes. This timeframe allows for careful consideration of the recommendations while maintaining momentum in the bargaining process.

The voting process requires significant support to reject a fact-finder's report. For the union, three-fifths of the membership must vote to reject the recommendations. Similarly, the legislative body of the public employer must achieve a three-fifths vote to reject the report. This high threshold for rejection reflects the policy goal of encouraging acceptance of fact-finder recommendations as a means of resolving bargaining impasses.

If neither party achieves the required three-fifths vote for rejection, the fact-finder's recommendations automatically become binding on both parties. However, if either party successfully rejects the report through a three-fifths vote, the parties return to negotiations. At this stage, following proper notice requirements, unions gain the right to strike, or employers may impose terms, though these outcomes are generally viewed as last resorts after good-faith efforts to reach agreement through the fact-finding process.

Legal Representation

The complexity of the fact-finding process underscores the importance of experienced legal representation for unions. An attorney well-versed in Ohio public sector labor law provides invaluable guidance throughout each stage of the process. This representation begins with assistance in selecting a qualified fact-finder, drawing upon knowledge of various neutrals' experience and decision-making patterns.

Throughout the preparation phase, legal counsel helps develop compelling evidence and documentation that effectively supports the union's positions. This includes gathering and analyzing comparative data, preparing witnesses, and crafting persuasive arguments that align with statutory factors fact-finders must consider. During the hearing, experienced representation ensures your case is presented clearly and convincingly, with all crucial points effectively communicated.

Following the hearing, your attorney's role continues with analysis of the fact-finder's recommendations and guidance through the critical voting process. This includes helping membership understand the implications of the recommendations and the strategic considerations involved in voting decisions. Should the process continue beyond fact-finding, legal counsel remains essential in navigating subsequent steps, whether returning to negotiations or preparing for potential job actions.

For specific guidance on your fact-finding case, contact our office for a consultation.