Vermont Statutes Title 21. Labor, § 1732. Fact-finding

(a) If after a reasonable period of time not less than 15 days after the appointment of a mediator the impasse is not resolved, the mediator shall certify to the Commissioner of Labor that the impasse continues. The Commissioner shall appoint a qualified fact finder within 30 days of a request by either party. The Commissioner may maintain a list of qualified fact finders drawn up after consultation with representatives of State and local government, employee organizations, boards of conciliation and arbitration in other New England states, and the American Arbitration Association.

(b) The fact finder shall convene the parties as soon as practicable after his or her appointment, hold informal hearings, and provide adequate opportunity to all parties to testify and present evidence regarding their respective positions. Upon the request of the fact finder, all parties to the dispute shall furnish him or her with any records, paper, and information in their possession relevant to resolution of the dispute.

(c) Nothing shall prevent a fact finder from attempting to mediate the dispute. The provisions of 3 V.S.A. § 810 shall not apply to a hearing conducted by a fact finder. At the request of any party, such hearing shall be opened to the public.

(d) In reaching his or her conclusions and recommendations, the fact finder shall give weight to the following factors:

(e) The fact finder shall make a written report with recommendations to both parties within 30 days after the close of hearings. The report shall be made public by the fact finder if the dispute has not been resolved within 10 days after delivery of the report to the parties. The report and recommendations of the fact finder shall be advisory only and shall not be binding on either party.

(f) All expenses of mediation and fact-finding shall be shared equally by the parties.