Factfinding Clause Samples

Factfinding. In the event mediation fails to resolve any dispute(s), either party may request the mediator to certify the issue(s) remaining in dispute to factfinding pursuant to Section 3548.1 of the EERA. In such case, LRCEA and the District shall provide the mediator their respective positions on the issue(s) in dispute, in writing, within three (3) workdays of the request for factfinding being made.
Factfinding. Prior to issuing any form of disciplinary action to an employee, the Employer shall meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action, and shall advise the employee of their right to request the presence of a Union Advocate or Union representative in the meeting. If an employee requests the presence of a Union advocate or Union representative, the Employer will make a reasonable attempt to schedule a meeting when the participating Advocate and employee are available to meet. The unavailability of a union Advocate or representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action. Suspension may be used to conduct an investigation. Investigations regarding alleged misconduct or client care issue shall be completed in no more than five (5) business days (except in the event the Employer is relying on an investigation by an outside agency per Section 8.5). Employees who are suspended may use any accrued, paid leave during their period of suspension unless offered other shifts or work by the Employer while the investigation is ongoing. Should an undue burden occur during the investigation, the time period may be extended. The Employer will put in writing to the employee why the investigation took longer than five (5) days. All hours missed while on an employer-imposed suspension shall be paid at the employee’s regular hourly wage in the event the employee is cleared of the allegation.
Factfinding. Prior to issuing any form of disciplinary action to an employee, an Employer shall attempt to meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action, and shall advise the employee of his/her right to request the presence of an advocate or Union representative in the meeting. If an employee requests the presence of an advocate or Union representative, the Employer will make a reasonable attempt to schedule a meeting when the participating advocate or Union representative and employee are available to meet. The unavailability of an advocate or Union staff representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action.

Related to Factfinding

  • Fact Finding A. If the mediation described above has failed to bring about agreements on any of the issues submitted for mediation, only the issues which remain in dispute will be submitted to a Fact Finder. B. In the event that the negotiating parties are unable to agree on a Fact Finder, the Fact Finder will be selected in the same manner as provided in the Mediation Section. C. The Fact Finder will have the authority to hold hearings and make procedural rules. D. The format, dates and times of meetings will be arranged by the Fact Finder. All meetings by the Fact Finder will be closed to the press. Releases to the media will be made jointly. E. Within fifteen (15) days after the conclusion of such hearings by the Fact Finder, the Fact Finder will submit a report in writing to the Board Representative and the Association Representative only. Said report will set forth his findings of fact, reasoning, and recommendations on the issues submitted. The report will be advisory only and binding on neither the Board Representative nor the Association Representative. F. Within ten days after receiving the report of the Fact Finder, the Board Representative and Association Representative will meet to discuss the findings of the Fact Finder. This meeting is a continuation of the negotiations process. This meeting is closed to the press. News releases made after fact finding and prior to this meeting will be made jointly. G. The respective parties will take official action on the report of the Fact Finder no later than ten (10) days after the meeting or meetings described above. H. To the extent that tentative agreement is reached on the issues in dispute as a result of such fact finding, the procedures described and provided for under Adopting Recommendations will apply. I. The cost for the services of the Fact Finding will be shared equally by the District and the Association. ▇. ▇▇▇▇▇▇ party may request that an official stenographic record of the testimony taken at the fact-finding hearings be made and a copy of any transcript will be provided to the Fact Finder. The party requesting a stenographic record will pay the costs thereof, except that if the other party requests a copy of any transcript, it will share the entire cost of making the stenographic record.

  • FINDING A Finding is defined as any Commission identified noncompliance with Agreement requirements that specifies that an activity or action did not take place. The Commission will document in writing any and all findings of noncompliance with this Agreement and will afford the CNA the opportunity to work with the Commission to address any such findings.

  • Findings Based on the information known by or provided to the Department, the following findings are asserted for purposes of this Contract:

  • Complaints Investigation The employee who complains of harassment under the provisions of the Human Rights Code must first comply with the Employer’s harassment policy procedures before filing a grievance or human rights complaint.

  • Decision The decision by the arbitrator shall be rendered within thirty (30) days after the close of the hearing. Decisions by the arbitrator in cases properly before him shall be final and binding upon the parties, subject, however, to the limitations of arbitration decisions as provided by the P.E.L.R.A.