commission d'enquête factuelle

Traductions

• anglais

  Date : 1985

  Définition

  A special panel, usually of three or five persons, appointed to review the positions of labor and management in a particular dispute, with a view to focusing attention on the major issues in dispute, and resolving differences as to facts.

  Note :

  Such boards have been set up under state laws and have been used on the national level. In 1946, for example, fact-finding boards or panels were established in disputes involving the automobile, bus transportation, farm equipment, meat packing, and oil industries. Procedure before these boards may be provided by law, but generally it is established by the board and is quite informal. The parties have the prime responsibility for presenting date, but the board reserves the right to develop such additional or supplementary information as it seems proper in order to make its report or recommendations. The board may merely report its determination of the facts and hope that the facts are so clear as to provide the parties with an answer. More frequently, the board makes a recommendation on the basis of the facts presented to it. Where a recommendation is made, particularly where it is unanimous, it experts pressure on the parties to accept the recommendation. It is precisely for this reason that objections have been raised to such boards and the power to make recommendations has been eliminated in some jurisdictions. The emergency boards under the Taft-Hartley Act are forbidden to make recommendations to the parties.

  Termes :

  1. fact-finding board
  2. factfinding board
  3. fact finding board