Originally from Dispute Resolution Journal

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In New York as in most other states where collective bargaining 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 recommendations are not binding on the parties; it was feared that to make them binding might deter meaningful bargaining. It was hoped, however, 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.