North Dakota Administrative Code Title 22 - Educational Factfinding Council
Overview of Title 22 — Educational Factfinding Council
Title 22 of the North Dakota Administrative Code pertains to the Educational Factfinding Council, an entity established to facilitate the resolution of disputes between public school districts and employee organizations. The Council's primary function is to conduct factfinding proceedings to assist in resolving impasses during collective bargaining negotiations.
Legal Authority and Framework
The Educational Factfinding Council was created under North Dakota Century Code (NDCC) § 15.1-16-14. This statute mandates the establishment of the Council and outlines its duties and powers.
The Council is not considered an "administrative agency" under NDCC § 28-32-01, meaning it is not subject to the Administrative Agencies Practice Act. Consequently, it is not required to adopt formal administrative rules, and any guidelines it may have are not published in the North Dakota Administrative Code.
Structure and Composition
The Council is composed of members appointed by the Governor, with the advice and consent of the Senate. The members are selected based on their expertise and experience in labor relations and education.
The Council operates independently and is tasked with conducting factfinding proceedings when requested by either party involved in a collective bargaining dispute.
Functions and Powers
The Educational Factfinding Council has several key responsibilities:
Conducting Factfinding Proceedings: When a dispute arises between a school district and an employee organization, either party can request the Council to conduct a factfinding proceeding. The Council investigates the issues in dispute and issues a report with findings and recommendations.
Issuing Recommendations: After conducting a factfinding proceeding, the Council provides a report that includes its findings and non-binding recommendations for resolving the dispute.
Assisting in Dispute Resolution: The Council's recommendations aim to assist the parties in reaching a voluntary settlement. However, the recommendations are not binding, and the parties are not obligated to accept them.
Legal Context and Case Law
While there may not be specific case law directly interpreting the Educational Factfinding Council's operations, the Council's role is situated within the broader legal framework governing labor relations in North Dakota. The following points are relevant:
Collective Bargaining Laws: The Council operates within the context of North Dakota's collective bargaining laws, which govern the relationship between public employers and employee organizations. These laws provide the legal basis for the Council's existence and functions.
Judicial Review: Decisions or actions taken by the Educational Factfinding Council may be subject to judicial review under certain circumstances. If a party believes that the Council has exceeded its authority or violated legal standards, they may seek judicial intervention.
Conclusion
In summary:
Title 22 of the North Dakota Administrative Code pertains to the Educational Factfinding Council, which facilitates the resolution of disputes between public school districts and employee organizations through factfinding proceedings.
The Council is established under NDCC § 15.1-16-14 and operates independently, without being subject to the Administrative Agencies Practice Act.
Its primary functions include conducting factfinding proceedings and issuing non-binding recommendations to assist in dispute resolution.
While there may not be specific case law directly interpreting the Council's operations, its role is situated within the broader legal framework governing labor relations in North Dakota.
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