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Fact‐Finding Effectiveness: Evidence from New York State Fact‐Finding Effectiveness[Note 1. I am indebted to several New York State PERB ...]
Author(s) -
Hebdon Robert
Publication year - 2001
Publication title -
industrial relations: a journal of economy and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.61
H-Index - 57
eISSN - 1468-232X
pISSN - 0019-8676
DOI - 10.1111/0019-8676.00196
Subject(s) - compromise , mediation , taxpayer , settlement (finance) , collective bargaining , dispute resolution , state (computer science) , function (biology) , political science , law and economics , public sector , fact finding , public finance , labor disputes , conflict resolution , economics , law , labor relations , finance , computer science , algorithm , evolutionary biology , payment , biology
In a collective‐bargaining environment characterized by increasing fiscal and taxpayer pressures, this article examines the continued viability of fact‐finding as a dispute‐resolution mechanism in New York State's public sector. This is an important question because fact‐finding is the final dispute‐resolution procedure for most unionized employees in New York and many other states. Whether fact‐finding effectiveness was measured by the proximity of fact‐finder recommendations to the final settlement or by outright acceptance of the fact‐finder report, regression results show that New York fact‐finding has successfully met the challenges of the intensified environmental pressures in the 1990s. No significant decline was found in its ability to move parties toward the compromise outcome. Part of the fact‐finding's continued success can be attributed to the policy shift by New York's Public Employment Relations Board (PERB) in 1991 in the role of the fact‐finder from an accommodative to a more adjudicative function. The well‐reasoned adjudicative fact‐finding report has more potential to bring public pressure to bear on the extreme positions of the parties. Mediation was better left to the professional PERB mediators. Finally, it also was found that fact‐finders who were full‐time neutrals were more effective under this more adjudicative style.