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contract date, the parties shall notify the board and the | | board shall request the services of the State's Panel of | | Mediators.__If services of the State's Panel of Mediators | | are used, the parties must share all costs of mediation | | equally. |
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| | | C.__The parties must continue mediation until:__agreement | | is reached on all matters; 5 days from the first | | mediation, or longer if extended by mutual agreement of | | the parties; or the mediator declares that resolution by | | mediation is not possible, whichever is earliest. |
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| | | D.__At the end of the mediation period or upon the | | mediator's earlier declaration, the mediator shall | | promptly prepare a report specifying all agreements | | reached in mediation and recommending that the parties | | either resume bargaining as to all matters remaining in | | dispute or that the parties submit all matters remaining | | in dispute to arbitration.__The parties shall proceed | | according to the mediator's recommendation. |
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| | | E.__If the parties are to resume bargaining, bargaining | | must commence on the day after the day on which the | | mediator makes that recommendation and must continue for a | | period of time not to exceed 2 days. Any matters remaining | | in dispute at the end of the specified bargaining period | | must be submitted to arbitration. |
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| | | 3.__Arbitration.__The parties shall notify the board and the | | Commissioner of Labor at the commencement of required | | mediation and an arbitrator must be selected as provided in | | paragraph D.__One day after the mediator recommends | | arbitration or one day after the conclusion of the period of | | further bargaining, as provided in subsection 2, each party | | shall submit to the arbitrator its final offer, in which it | | shall identify all matters as to which the parties agree with | | contractual language setting forth these agreements and all | | matters as to which the parties do not agree, with contractual | | language setting forth the party's final offer for resolution | | of those disagreements. |
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| | | A.__For all matters submitted to arbitration, the arbitrator | | shall choose between the final offers of the parties.__If the | | parties reach an agreement on the matters under arbitration | | before the arbitrator issues a decision, they may submit a | | joint final offer that the arbitrator shall accept and render | | as the decision. The arbitrator may hold hearings and | | administer oaths, examine witnesses and documents, take | | testimony and receive evidence and issue subpoenas to compel | | the attendance of witnesses and the production of records.__A | | person who fails to obey the |
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