Ordinance on the Conciliation and Arbitration Body for Collective Labor Disputes Involving State Personnel (OOCA) (SSOV)

1. The Conciliation and Arbitration Body (the Body) addresses collective disputes arising between the State of Freiburg on the one hand and the social partners recognized pursuant to Article 128 of the StPG on the other hand.

2. Its composition is regulated in Article 68a of the StPG. The remuneration of its members is determined in accordance with the provisions of the Regulation on the Remuneration of Members of the State Commissions.

1. The body generally meets in the premises of the Cantonal Court in Freiburg.

2. The secretariat is managed by the court clerk's office of the Cantonal Court.

1. Mediation and arbitration proceedings are free of charge.

1. The parties shall not undertake any coercive measures, such as mass layoffs or strikes, before having approached the body and it has determined the failure of conciliation.

2. If the attempt at conciliation has failed and the parties decide to submit the collective dispute to the arbitration of the body in accordance with Article 68a paragraph 5 StPG, the parties must refrain from any actions of conflict and adhere to the conditions of the arbitration process.

1. The procedure is initiated with a written request for arbitration.

1. The authority shall examine its jurisdiction ex officio.

2. In case of doubt, it shall grant the parties a short period for submitting their comments.

3. The authority shall make a final decision regarding its jurisdiction.

1. The body serves the conciliation request to the opposing party and summons the parties to a conciliation session. The conciliation session is held no later than ten days after the submission of the conciliation request or, if applicable, after the body's decision on its jurisdiction.

2. The parties may freely appoint their representatives. However, the president of the body may limit the number of persons allowed to attend the sessions.

1. The body hears the parties and attempts to mediate between them.

1. The proceedings may be stayed upon the joint application of the parties, particularly if they are attempting to reach a settlement.

2. The proceedings shall be resumed upon the application of the party who acted first.

1. In the event of a party's default, the body shall convene a new conciliation session within ten days.

2. In the event of a party's default at this session, the body shall proceed as follows

a) if the defaulting party is the claimant, the conciliation request shall be considered withdrawn, and the procedure shall be dismissed as moot;

b) if the defaulting party is the other party, a certificate of the failure of the conciliation attempt shall be issued.

1. If an agreement is reached, it shall be recorded in a protocol signed by the parties as well as the president. Each party shall receive a copy of the protocol.

2. If the representatives of the parties are not fully authorized to consent to the agreement, the president shall set a short deadline for them to obtain approval of the agreement from the competent person or persons.

1. With the agreement signed by the parties, the procedure is concluded.

2. If no agreement is reached, the body issues a certificate of the failure of the conciliation attempt.

1. The summary proceedings according to Articles 252-256 of the Swiss Code of Civil Procedure of December 19, 2008 (CPC) shall apply mutatis mutandis, subject to Articles 14 and 15 of this regulation, the provisions regarding arbitration according to Articles 353 et seq. CPC and Article 134 of the Judiciary Act of May 31, 2010.

1. Once the body has been called upon by the parties, it sets a period of thirty days for each party to submit a brief.

2. The brief must contain a statement of facts, indication of evidence, and the claims for relief.

3. The body may grant each party a period of thirty days to submit a written response to the opposing party's brief.

**1. The Arbitration Agreement must be concluded in writing.**