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27 Arb. J. 1 (1972)

handle is hein.journals/dsptrjr27 and id is 1 raw text is: 


During  the past  three years, New   iork's Public  Employment
Relations Board  was  asked to set in motion its Impasse proce-
dures  to resolve controversies  in some   450 school  districts.
In almost  half of these cases, fact finders' reports were  ren-
dered,  recommending wage settlements and other contract
terms. To  what  extent have  these recommendations been ac-
cepted  by  the parties, and  to what  extent  do  they show   a
pattern, which  parties might  rely upon in predicting  the out-
come  of their collective bargaining  disputes. On the  basis of
a  close study  of fifty cases,  the author  finds  the reports
relatively consistent on such  matters as negotiability prob-
lems, scope  of bargaining, and working  conditions. There  was,
less consistency, and therefore  less predictability, in the way
fact finders dealt with  attempts  to change  policies of school
systems,  grievance  arbitration, release time  for  officers of
teachers'  organizations, professional  leaves, and   extra-cur-
ricular pay rates.



IMPASSE ISSUES IN TEACHER DISPUTES
SUBMITTED TO FACT FINDING IN NEW YORK

by Barbara Doering*


    In New  York  as in most other states where collective bargain-
ing has been  mandated  for public employees, the strike remains
illegal. As an alternative to the use of strikes many states provide a
procedure to help the parties at impasse reach settlement. In New
York the impasse procedure calls for mediation followed, if necessary,
by fact finding with recommendations. The fact finder's recommen-
dations are not binding on the parties; it was feared that to make
them binding might deter meaningful bargaining. It was hoped, how-
ever, that the recommendations, even if not accepted in full, would
be the basis for a settlement.
    In 1969, more than half of New  York's 800 districts bargained
to impasse and requested the services of a mediator, or fact finder,
or both.' In 200 cases a written fact finding report was issued. In 149
of these cases the report was either accepted or was the basis for
further negotiation which culminated  in settlement. In 33 cases

* A member of the Public Employment Relations Board mediation and fact
  finding panel since 1969, Miss Doering is Extension Specialist at the New
  York State School of Industrial and Labor Relations, Cornell University.
  She is also on the arbitration panel of Cornell's Office of the Ombudsman.
  1. According to information taken from the files of the Public Employment
    Relations Board (PERB), Albany, NY, some 452 school district disputes
    were referred to the Board for assignment of a conciliator in 1969.