Fact-Finding in Collective Bargaining: A Proven Dispute Resolution Tool

By John Livingood

​This book examines the use of fact-finding in collective bargaining processes. It reviews some criticisms and benefits of using fact-finding in collective bargaining processes. Then, it reviews the many variations in the use of fact-finding in statutory collective bargaining processes in both the public and private sectors, including both state and federal legislation. The book provides an analysis of fact-finding and offers recommendations on its use to encourage voluntary settlements.
Federal legislation reviewed includes the Railway Labor Act, the National Labor Relations Act, the Federal Labor Relations Act, and other legislation that addressed dispute resolution processes, including special legislation following Railway Labor Act Emergency Boards and other specific resolution processes addressing federally mandated reorganizations.

• Language: English
• Publisher: John Livingood
• Release date: Nov 22, 2016
• ISBN: 9781370499199

John Livingood

John Livingood has substantial experience in executive level management positions and more than thirty years experience in labor-management relations. He is an experienced advocate, neutral, arbitrator, mediator, and hearing officer in both the public and private sectors, including transportation, health care industry, manufacturing, education, etc., handling commercial, employment discrimination, Americans with Disability Act (employment and public accommodations), and labor-management issues.

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Fact-Finding in Collective Bargaining

A Proven Dispute Resolution Tool

By John Livingood

©2016 John M. Livingood

Table of Contents

Chapter I - Introduction to Fact-Finding

Chapter II - Labor-Management Fact-finding

Chapter II, Section A - Fact-finding Criticisms

Chapter II, Section B - Fact-finding Benefits

Chapter III - Review of Legislated Fact-finding Processes in Collective Bargaining

Chapter III, Section A - Railway Labor Act (RLA) and Airline and Rail Industry Legislation

Chapter III, Section B - Federal Labor-Management Regulation of Private Sector - NLRA

Chapter III, Section C - Federal Labor-Management Relations of Federal Sector

Chapter III, Section D - State Labor-Management Relations

Chapter IV - Analysis and Conclusions

Endnotes

Other Books by John M. Livingood

Chapter I - Introduction to Fact-Finding

This article will review fact-finding and its use in dispute resolution and, in particular, in collective bargaining in labor-management relations. Generally, fact-finding has been used when a collective bargaining process, including a possible mediation phase of collective bargaining, is in need of a procedural device that uses the concept of assistance to the parties toward resolution, but not requiring the parties, both or either, to accept a specific solution. In certain legislated collective bargaining processes, specific additional functions have been added to fact-finding to further encourage and, sometimes, influence the outcome of its use. Also, fact-finding has been included both in collective bargaining processes that allow for self-help, i.e., strikes, lock-outs, the implementation of new provisions or agreements, etc., when there is no voluntary settlement and in collective bargaining processes that do not allow for self-help if there is no voluntary agreement.

Fact-finding, in its purest form, has been a useful tool in a myriad of complex and difficult situations with the purpose of discovering and establishing the facts of an issue; in such instances it does not involve the issuance of recommendations or advisory opinions based on the facts reviewed and, certainly, does not include engaging with the parties to facilitate a resolution. It should be noted that most tribunals, courts, and other entities that are created to formulate decisions will incorporate elements of fact-finding in their operation and in their decision making processes; however, fact-finding in its purist form leaves the decision, judgment, and interpretation functions to another entity. The one instance, a substantial instance, where the purist form of fact finding is specifically retained in a collective bargaining setting will be reviewed in Chapter III, Section B - Federal Labor-Management Regulation of Private Sector - National Labor Relations Act (NLRA).

As processes that include fact-finding are developed for additional purposes, fact-finding moves away from its purist form:

Typically, but not always, fact-finding incorporated into a dispute resolution process includes the issuance of recommendations and may include other functions, such as mediation, to assist in its dispute resolution function.

When there is administrative or legislative oversight of the dispute resolution process and there is the potential for subsequent action or intervention, the emphasis on the creation of a record of fact-finding and the report may appear to equal, or to exceed, the emphasis on assisting the parties in the resolution of the dispute.

When recommendations