Designation of a Fact-finder

(1) Appointment by the Department. If the mediator's report reveals that an impasse continues to exist, the Department shall send written notice to both parties informing them that mediation has not resolved the impasse and that the Department intends to act upon the Petition for Mediation and Fact-finding by appointing a fact-finder. Promptly thereafter, the Department shall initiate the process to appoint a fact-finder from its list of qualified individuals. (2) Selection by Alternative Means. If the parties jointly agree to select the fact-finder in an alternative manner, they shall jointly inform the Department before the Department appoints a fact-finder, along with the selected fact-finder's name, address, and telephone number. (3) Letter of Appointment. After a fact-finder has been selected or appointed, the Department shall promptly send a letter of appointment and a copy of the petition to the fact-finder, and a copy of the letter to both parties. The fact-finder shall promptly notify the Department whether the fact-finder accepts the appointment. (4) Disqualification or Withdrawal of the Fact-finder. If the fact-finder has represented an employer or an employee organization within the last 12 months, the appointment shall be revoked by the Department. The fact-finder is required to disclose to the Department and the parties any circumstances likely to create a presumption of bias, or which the fact-finder believes might be disqualifying as an impartial fact-finder. Following such a disclosure, the Department shall revoke the fact-finder's appointment unless both parties waive this presumptive disqualification. If a fact-finder is disqualified, resigns, withdraws, or otherwise becomes unavailable from the fact-finding duties, the Department shall appoint another fact-finder in accordance with 456 CMR 21.09(1).