KRS 345.080: Petition for fact -finding panel upon deadlock -- Hearings -- Findings --

Expenses -- Rules.

(1) If after a reasonable period, but in no event less than thirty (30) days, of negotiations

over the terms of a new collective bargaining agreement or modifi cations in an

existing agreement the parties to the negotiations are deadlocked, either party or the

parties jointly may petition the board, by certified mail, return receipt requested, or

by registered mail, to initiate fact finding.

(2) Upon receipt of a petition to initiate fact finding, the secretary shall cause an

investigation to determine whether or not the parties are deadlocked in their

negotiations. During the course of this investigation, the secretary is empowered to

utilize his or her office in an effort to effectuate a settlement between the parties

through mediation and conciliation.

(3) Upon completion of the secretary's investigation, and if a settlement between the

parties has still not been reached, the secretary shall within five (5) days appoint a

qualified and disinterested person as the impartial chairman of a three (3) man panel

to function as the fact finders. In addition to the impartial chairman, the other two

(2) members of the panel shall be one (1) member named by the labor organ ization

and one (1) by the employer, parties to the deadlocked negotiations.

(4) Upon consultation with the other members of the panel, the impartial chairman shall

establish dates and places for public hearings. Whenever feasible, public hearings

shall be held within the jurisdiction in which the employer is located. The panel

may subpoena witnesses, and a written transcript of the hearing shall be made.

Upon completion of the hearings the panel shall, by majority decision, make written

findings of fact an d recommendations for solution of the dispute. The panel shall

cause all of its written findings, recommendations, and opinions to be served on the

employer and labor organization (parties) and same shall be released to the public.

Expenses incurred by the three (3) man panel in this section shall be paid by the

parties involved in the labor dispute.

(5) The secretary may adopt, promulgate, amend, and rescind such rules and regulations

as he or she deems necessary and administratively feasible not inconsist ent with the

provisions of this chapter to carry out his or her responsibilities over the fact-finding

procedures set forth in this section. However, unless the parties agree to extend the

time for the hearings, they must be completed with recommendations from the fact-

finding panel, within one hundred twenty (120) days from the date the petition to

initiate the fact-finding procedure was received by the secretary.