§ 2471.7 Use of voluntary factfinding with recommendations, or arbitration. The parties may resort to voluntary factfinding with recommendations, or arbitration, to resolve an impasse, only when authorized or directed by the Panel, and provided the parties have:

(a) Made a joint request to the Panel in writing for such authority;

(b) Agreed upon what issue(s) are at impasse;

(c) Agreed on the method of selecting the third party;

(d) Agreed to share the cost of the proceedings; and

(e) Used without success any other voluntary arrangement for settlement.

§ 2471.8 Factfinding determination by the Panel; notice of hearing.

(a) When the Panel determines that resolution of an impasse requires factfinding it will:

(1) Appoint one or more factfinders to investigate the dispute; and

(2) Issue and serve, upon each of the parties, a notice of hearing providing at least 15 calendar days' notice.

(b) The notice of hearing will state: (1) The names of the parties to the .dispute;

(2) The date, time, place and nature of the hearing;

(3) The issues to be resolved; and

(4) The name (s) of the factfinder (s) appointed by the Panel.

§ 2471.9 Authority of factfinder(s).

Factfinder(s), when conducting hearings between the parties to an impasse, shall have the authority to:

(a) Take testimony, including testimony by deposition when he deems it appropriate;

(b) Conduct the hearing in closed session, or in open session if approved by the Panel;

(c) Rule on requests for appearance of witnesses and the production of records;

(d) Permit summary briefs to be filed; and

(e) Regulate all procedural matters of the hearing as to length of sessions, conduct of persons in attendance, recesses, continuances and adjournment; and to take any other appropriate action which, in his discretion, will promote the purpose and objectives of the hearing.

The parties will make their own arrangements with the reporter for the purchase of their copies of the official transcript of a factfinding proceeding. A copy will be available for examination at the Office of the Executive Secretary. § 2471.11 Report of the factfinder (s) and action by the Panel.

(a) The factfinder(s) shall submit a report to the Panel within a reasonable time, normally not to exceed 30 calendar days, after receipt of the transcript, or after receipt of briefs, if any. The parties will be advised when the report has been transmitted to the Panel. The report will not include recommendations for settlement, and will be limited to findings of fact on:

(1) The history of the current negotiations, including the initial positions of the parties, and a report of items agreed to in whole or part;

(2) The unresolved issues and the efforts made by the parties to reach agreement thereon;

(3) The context within which the negotiations have taken place; and

(4) Any other matters relevant to the impasse.

(b) After receipt of the report of the factfinder(s), the Panel will evaluate the impasse and issue to the parties its recommendations for settlement.

§ 2471.12 Duties of each party.

(a) Within a period not to exceed 30 calendar days following receipt of the Panel's recommendations for settlement, each party must either;

(1) Accept the Panel's recommendations and so notify the Executive Secretary; or

(2) Reach with the other party a settlement of all unresolved issues, and so notify the Executive Secretary; or

(3) Submit a written statement to the Panel setting forth its reasons for not accepting the Panel's recommendations and reaching a settlement of all unresolved issues.

(b) A reasonable extension of the 30day period may be authorized by the Executive Secretary for good cause shown when requested in writing by either party prior to the expiration of the 30-day period.

§ 2471.13 Panel.

Settlement

action by the

In the event there remain any unresolved issues at the end of the aforesaid 30-day period or any extension thereof, the Panel, after due consideration of the responses of the parties, will take whatever action it deems necessary to bring the dispute to settlement.

§ 2471.14 Inconsistent labor agreement provisions.

Any provisions of the parties' labor agreements relating to impasse resolution which are inconsistent with the provisions of either Executive Order 11491, sections 5 and 17, or the procedures of the Panel shall be deemed to be superseded by the order and the procedures herein.