72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 444
 
LC 1754/SB 444-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 444
 
               By COMMITTEE ON GENERAL GOVERNMENT
 
                            April 14
 
  On page 1 of the printed bill, line 3, after 'ORS' insert '
243.722 and'.
  On page 2, line 17, restore the bracketed material and delete '
(c)' and insert '(d)'.
  In line 18, restore the bracketed material.
  In line 19, delete '(d)' and insert '(e)'.
  In line 22, delete '(e)' and insert '(f)'.
  In line 28, before the semicolon insert 'on the west coast of
the United States'.
  In line 30, before the semicolon insert 'on the west coast of
the United States'.
  In line 32, delete '(f)' and insert '(g)'.
  In line 35, delete '(g)' and insert '(h)' and delete ' (f)' and
insert '(g)'.
  In line 37, delete '(h)' and insert '(i)' and delete ' (g)' and
insert '(h)'.
  On page 3, after line 5, insert:
  '  { +  SECTION 3. + } ORS 243.722 is amended to read:
  ' 243.722. (1) In carrying out the fact-finding procedures
authorized in ORS 243.712 (2)(c), the public employer and the
exclusive representative may select their own fact finder.
  ' (2)(a) Where the parties have not selected their own fact
finder within five days after written acknowledgment by the
Employment Relations Board that fact-finding has been jointly
initiated, the board shall submit to the parties a list of seven
qualified, disinterested, unbiased persons. A list of Oregon
fact-finding interest arbitrations for which each person has
issued an award shall be included. Each party shall alternately
strike three names from the list. The order of striking shall be
determined by lot. The remaining individual shall be designated
the 'fact finder.  '
  ' (b) When both parties desire a panel of three fact finders
instead of one as provided in this subsection, the board shall
submit to the parties a list of seven qualified, unbiased,
disinterested persons. Each party shall alternately strike two
names from the list. The order of striking shall be determined by
lot. The remaining three persons shall be designated 'fact
finders. '
  ' (c) When the parties have not designated the fact finder and
notified the board of their choice within five days after receipt
of the list, the board shall appoint the fact finder from the
list. However, if one of the parties strikes the names as
prescribed in this subsection and the other party fails to do so,
the board shall appoint the fact finder only from the names
remaining on the list.
  ' (d) The concerns regarding the bias and qualifications of the
person designated by lot or by appointment may be challenged by a
petition filed directly with the board. A hearing shall be held
by the board within 10 days of filing the petition and the board
 
shall issue a final and binding decision regarding the person's
neutrality within 10 days of the hearing.
  ' (3) The fact finder shall establish dates and places of
hearings. Upon the request of either party or the fact finder,
the board shall issue subpoenas. The fact finder may administer
oaths and shall afford all parties full opportunity to examine
and cross-examine all witnesses and to present any evidence
pertinent to the dispute. Not more than 30 days from the date of
conclusion of the hearings, the fact finder shall make written
findings of fact and recommendations for resolution of the
dispute and shall serve such findings and recommendations upon
the parties and upon the board. Service may be personal or by
registered or certified mail. Not more than five working days
after the findings and recommendations have been sent, the
parties shall notify the board and each other whether or not they
accept the recommendations of the fact finder. If the parties do
not accept them, the board, five days after receiving notice that
one or both of the parties do not accept the findings, shall
publicize the fact finder's findings of facts and
recommendations.
  ' (4) The parties may voluntarily agree at any time during or
after fact-finding to submit any or all of the issues in dispute
to final and binding arbitration, and if such agreement is
reached prior to the publication of the fact finder's findings of
facts and recommendations, the board shall not publicize such
findings and recommendations.
  ' (5) The cost of fact-finding shall be borne equally by the
parties involved in the dispute.
  ' (6) Fact finders shall base their findings and opinions on
the matters prescribed in this subsection in accordance with the
criteria set out in ORS 243.746 (4)  { - (a) to (h) - } .'.
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