Fact-finder was in a tough position

The man had a nearly impossible job.
No matter what your opinion of the decision made by the fact-finder in this fall’s contract dispute between Jay School Corporation and Jay Classroom Teachers Association, one thing should be obvious: The man had a nearly impossible job.
Given that fact, the 5-hour fact-finding hearing was still something remarkable.
LaPorte labor attorney James Hoehne conducted the proceedings with a single priority. He wanted to gather as much information as possible, information that was as unbiased as possible, in order to make an informed, reasonable decision.
But the format set out by law was both clumsy and counterproductive.
Each side in the labor dispute submitted its “last best offer.” But Indiana law keeps changing so much — thanks to a General Assembly that wants to play school board — that those offers weren’t predicated on the same set of numbers. The laws are in flux at the moment, which isn’t really fair to either side.
Trying to adjust on the fly, fact-finder Hoehne was both liberal and conservative when it came to admitting new evidence. He made sure as much information as possible was submitted, but he made it clear not all of that information would be given equal weight.
The biggest failing of the process, however, was its “winner take all” nature. That’s the way our lawmakers have set it up, but it’s not necessarily what’s in the best interest of the public.
Having heard both sides, having read reams of paper, having scoured through countless columns of numbers, the fact-finder was limited to an A-or-B choice.
He couldn’t — legally — find a compromise. He couldn’t exercise thoughtful judgment. Instead, he faced a binary choice. It was A or it was B.
And that simply makes no sense.
The two parties were roughly $312,000 apart in their final proposals. But splitting the difference wasn’t an option fact-finder Hoehne had at his disposal. It was all or nothing for each side.
Somebody in the legislature apparently thought that makes sense.
But it doesn’t.
Not when you’re trying to resolve a bitter dispute. Not when you’re trying to move beyond that dispute and focus on a shared mission of educating Jay County’s children. — J.R.[[In-content Ad]]