1.If an impasse exists under section 15.1-16-14, the board of a school district and the
representative organization may agree to seek mediation. The board and the
representative organization shall jointly select a mediator and agree to a distribution of
the mediation cost. If mediation fails or if mediation is not attempted, the board or
representative organization may request that the education factfinding commission
provide assistance.
2.If the education factfinding commission is asked to provide assistance under
subsection 1, the commission shall act as a factfinding commission or appoint a
factfinder from a list of qualified individuals maintained by the commission. A factfinder
appointed under this section has the powers designated by the commission. Upon
completion of all duties, t
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1. If an impasse exists under section 15.1-16-14, the board of a school district and the
representative organization may agree to seek mediation. The board and the
representative organization shall jointly select a mediator and agree to a distribution of
the mediation cost. If mediation fails or if mediation is not attempted, the board or
representative organization may request that the education factfinding commission
provide assistance.
2. If the education factfinding commission is asked to provide assistance under
subsection 1, the commission shall act as a factfinding commission or appoint a
factfinder from a list of qualified individuals maintained by the commission. A factfinder
appointed under this section has the powers designated by the commission. Upon
completion of all duties, the factfinder shall make a recommendation to the
commission.
3. The education factfinding commission shall:
a. Consider the facts, make its findings, and issue a recommendation; or
b. Consider the report and recommendation of its factfinder and, after any further
investigation the commission elects to perform, make its findings and issue a
recommendation.
4. Within forty days from the date the commission is asked to provide assistance, the
commission shall deliver its findings and recommendations to the board of the school
district and to the representative organization. No sooner than ten nor later than twenty
days after its findings and recommendations are delivered to the board and the
representative organization, the commission shall make its findings and
recommendation public if the impasse is not resolved.
5. If facts are established or a recommendation made in accordance with factfinding
procedures agreed to by the board of the school district and the representative
organization and the impasse continues, the education factfinding commission may
consider the findings and recommendations without instituting its own factfinding
procedure and the commission may issue its own findings and recommendations
based on the information available. No sooner than ten nor later than twenty days after
these findings and recommendations are delivered to the board and the representative
organization, the commission shall make its findings and recommendations public if
the impasse is not resolved.