§ 1732. Fact-finding

(a) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Commissioner of Labor that the impasse continues. The Commissioner shall appoint a qualified fact finder within 30 days of a request by either party. The Commissioner may maintain a list of qualified fact finders drawn up after consultation with representatives of State and local government, employee organizations, boards of conciliation and arbitration in other New England states, and the American Arbitration Association.

(b) The fact finder shall convene the parties as soon as practicable after his or her appointment, hold informal hearings, and provide adequate opportunity to all parties to testify and present evidence regarding their respective positions. Upon the request of the fact finder, all parties to the dispute shall furnish him or her with any records, paper, and information in their possession relevant to resolution of the dispute.

(c) Nothing shall prevent a fact finder from attempting to mediate the dispute. The provisions of 3 V.S.A. § 810 shall not apply to a hearing conducted by a fact finder. At the request of any party, such hearing shall be opened to the public.

(d) In reaching his or her conclusions and recommendations, the fact finder shall give weight to the following factors:

(1) the lawful authority of the municipal employer;

(2) stipulations of the parties;

(3) the interest and welfare of the public and the financial ability of the municipal employer to pay for increased costs of public services including the cost of labor;

(4) comparisons of the wages, hours, and conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of other employees performing similar services in public employment in comparable communities or in private employment in comparable communities;

(5) the average consumer prices for goods and services commonly known as the cost of living;

(6) the overall compensation presently received by the employees including direct wages, fringe benefits, and continuity conditions and stability of employment, and all other benefits received.

(e) The fact finder shall make a written report with recommendations to both parties within 30 days after the close of hearings. The report shall be made public by the fact finder if the dispute has not been resolved within 10 days after delivery of the report to the parties. The report and recommendations of the fact finder shall be advisory only and shall not be binding on either party.

(f) All expenses of mediation and fact-finding shall be shared equally by the parties. (Added 1973, No. 111, § 1; amended 1983, No. 125 (Adj. Sess.), § 2; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)