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Fact-Finding: Is it Adjudication or Adjustment - Dispute Resolution Journal - Vol. 24, No. 2

Author(s): 
Robert J. Jossen
Page Count: 
11 pages
Media Description: 
1 PDF Download
Jurisdictions: 
United States,
New York,
Wisconsin,
Michigan
Practice Areas: 
Practice & Procedure,
Evidence,
Employment,
States as Parties
Author Detail: 

A member of the 1969 graduating class of the New York State School of Industrial and Labor Relations at Cornell University, Mr. Jossen worked as an intern for the New York State Labor Relations Board in the summer of 1968. He won this year's prize for the best essay on dispute settlement offered by friends of Saul Wallen, who became President of the New York Coalition last year. Major portions of Mr. Jossen's essay formed the basis of this article.

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Description: 

Originally from Dispute Resolution Journal

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The unique experience of bargaining within the public sector and the necessity for a viable and effective dispute settlement mechanism have focused attention on the procedure known as fact-finding. If maturity and expertise in public employment bargaining are to come in the near future, we shall have to understand the nature and operation of fact-finding in more specific and concrete terms.

This article deals with a critical characteristic of fact-finding: whether it is adjudication or adjustment. To answer this question, we look to four sources: statutory language of laws governing collective bargaining in the public sector; fact-finding reports; the opinions of authorities in the field; and fact-finding experience in Michigan, Wisconsin, and New York.The unique experience of bargaining within the public sector and the necessity for a viable and effective dispute settlement mechanism have focused attention on the procedure known as fact-finding. If maturity and expertise in public employment bargaining are to come in the near future, we shall have to understand the nature and operation of fact-finding in more specific and concrete terms. This article deals with a critical characteristic of fact-finding: whether it is adjudication or adjustment. To answer this question, we look to four sources: statutory language of laws governing collective bargaining in the public sector; fact-finding reports; the opinions of authorities in the field; and fact-finding experience in Michigan, Wisconsin, and New York.