Step 3: Impasse/Cooling-off Period

Within seven days of declaring impasse each party is required to submit to the mediator, in writing, its final offer, including a cost summary. The mediator publishes the offers, i.e., makes them available to the public, as soon as both offers are received. Publication includes any proposed contract language as well as the cost summary data for any issues still in dispute.

The parties then have a 30-day cooling-off period after their final offers are made public. During this time the parties can agree on a contract settlement or mutually agree to use fact-finding to reach a contract settlement.

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Fact-finding (Optional)

If the mediator is unsuccessful in bringing the sides to agreement, the parties may jointly request fact-finding as an alternative method of seeking settlement after their final offers are published. (ORS 243.722)

In fact-finding a neutral party, a factfinder, reviews both parties’ positions, identifies the major issues, resolves factual differences and makes recommendations for settlement.

The school district and the union share the cost of hiring a factfinder. The factfinder is chosen by mutual agreement or if the two sides cannot agree, from a list of names provided by ERB.

The factfinder sets the date for a hearing where each side presents evidence to support its position. Items discussed in fact-finding are those issues that are mandatory subjects for bargaining or permissive subjects the parties agree to discuss. (See Scope of Bargaining, for definitions of prohibited, permissive and mandatory subjects of bargaining.)

The factfinder has 30 days following the hearing to prepare a written report with recommendations for settlement on each disputed issue. The parties may agree to extend this deadline.

The school board and the union have five working days from the time the report is mailed to the parties to notify ERB whether they accept or reject the recommendations. (The recommendations have to be accepted or rejected in total.) The factfinder cannot compel either side to accept the recommendations.

The school board or the union may release the contents of the report during their discussions of the recommendations. However, ERB officially releases the entire report five days after notice of rejection is received from one or both parties.

If the factfinder’s recommendations are rejected, a 30-day cooling-off period starts as soon as ERB publishes the factfinder’s report.

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