FACT-FINDING IN PUBLIC-EMPLOYMENT - PROMISE OR ILLUSION, REVISITED

This article examines the evolution of the fact-finding process in New York State since its inception in 1967. It goes back to Jean McKelvey 's path-breaking article on the fact-finding process in the public sec tor which appeared in 1969. In that article, McKelvey predicted fact f inding would ultimately fail as an effective impasse mechanism, as the parties became more sophisticated and realized that there were no ''f acts'' in bargaining disputes. This article examines the results of th e fact-finding process in the first fiscal year versus the last three fiscal years (ending in 1993-94) to test the conclusion. It also looks at the legal evolution of the impasse mechanisms in New York State wh ich now has three difference sets of impasse procedures for different groups of New York State public employees. It comes to the conclusion that fact finding remains viable as an impasse mechanism but for diffe rent reasons in 1994 as opposed to 1967.