(5 ILCS 315/13) (from Ch. 48, par. 1613)
Sec. 13.
Fact-finding.
(a) If, after a reasonable period of negotiation
over the terms of the agreement, or upon expiration of an existing collective
bargaining agreement and the parties have not been able to mutually resolve
the dispute, the parties may, by mutual consent initiate a fact-finding.
(b) Within three days of such request the Board must submit to the parties
a panel of 7 qualified, disinterested persons from the Illinois Public
Employees Mediation Roster to serve as a fact-finder. The parties to the
dispute shall designate one of the 7 persons to serve as fact-finder. The
fact-finder must act independently of the Board and may be the same person
who participated in the mediation of the labor dispute if both parties consent.
The person selected or appointed as fact-finder shall immediately establish
the dates and place of hearings. Upon request, the Board shall issue subpoenas
for hearings conducted by the fact-finder. The fact-finder may administer
oaths. The fact-finder shall initially determine what issues are in dispute
and therefore properly before the fact-finder. Upon completion of the hearings,
but no later than 45 days from the date of appointment, the fact-finder
must make written findings of facts and recommendations for resolution of the
dispute, must serve findings on the public employer and the labor organization
involved, and must publicize such findings by mailing them to all newspapers
of general circulation in the community. The fact-finder's
findings shall be advisory only and shall not be binding upon the parties.
If the parties do not accept the recommendations of the fact-finder as the
basis for settlement, or if the fact-finder does not make written
findings of facts and recommendations for the resolution of the dispute and
serve and publicize such findings within 45 days of the date of
appointment, the parties may resume negotiations.
(c) The public employer and the labor organization which is certified
as exclusive representative or which is recognized as exclusive representative
in any particular bargaining unit by the state or political subdivision
are the only proper parties to the fact-finding proceedings.
(Source: P.A. 84-1335.)
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