D.C. Mun. Regs. tit. 8, r. 8-A2112

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 8-A2112 - FACT-FINDING

2112.1

Fact-finding shall be conducted by a panel of three (3) persons who shall be appointed or selected in accordance with the provisions of this section.

2112.2

Any person who has acted as a mediator in the immediate proceedings which are the subject of fact-finding shall be ineligible to serve on the fact-finding panel.

2112.3

The fact-finding panel shall be authorized to hold hearings and adopt procedural rules.

2112.4

Within five (5) days of the referral of any issue(s) remaining in dispute to fact-finding, pursuant to the provisions of §§ 2110 and 2111, each party shall select one (1) member of the fact-finding panel. The panel members selected by the parties shall then meet and select an impartial chairperson.

2112.5

The person selected to serve as the impartial chairperson shall be knowledgeable and experienced in urban government and public post-secondary or professional school matters.

2112.6

If the two panel members selected by the parties, pursuant to § 2112.4, are unable to agree upon the appointment of an impartial chairperson within fifteen (15) days of the referral of the issue(s) remaining in dispute to fact-finding, either party may request the Federal Mediation and Conciliation Service or the Public Employee Relations Board to provide a list of five (5) qualified persons from which the selection of the impartial chairperson shall be made.

2112.7

If the selection of an impartial chairperson is made pursuant to the provisions of § 2112.6, the following procedures shall be followed:

(a) Each party shall alternatively strike one (1) name from the list until only one (1) name remains;

(b) The person whose name remains on the list after four (4) names have been struck shall be appointed impartial chairperson of the panel;

(c) The party that will strike the first name shall be determined by chance;

(d) The last name struck from the list shall be the alternate panel chairperson in the event that the duly appointed chairperson is unable to serve; and

(e) If both the duly appointed chairperson and the alternate are unable to serve, a new list of five (5) names shall be obtained.

D.C. Mun. Regs. tit. 8, r. 8-A2112

Source: As amended by Final Rulemaking published at 36 DCR 1501 (February 24, 1989)