REGULATION on the conciliation and arbitration body (ROCA) (ROCA)

1. The conciliation and arbitration body (hereinafter: the body) shall appoint one of its members as the chairperson.

1. The president may delegate the conciliation or the instruction of a case submitted to arbitration to one of his members.

1. The procedure is free of charge.

1. The Council of State sets the compensation for the members of the body.

1. The body generally meets on the premises of the Cantonal Court.

2. The secretariat is provided by the registry of the Cantonal Court.

1. The conciliation body addresses collective disputes.

2. Collective disputes are deemed to be the disagreements that arise between the State of Vaud on one hand, and the unions and umbrella staff associations on the other hand, particularly concerning working conditions.

1. The conciliation body is seized by a written request.

1. The parties are prohibited from taking any coercive action, such as a lockout or strike, as long as they have not submitted the matter to the body, and, once the body has been seized of the conflict, it has not determined the success or failure of the conciliation.

1. The body shall examine its jurisdiction ex officio. In case of doubt, it shall grant the parties a short period to express their position.

2. The decision of the body on its jurisdiction is final.

1. The body shall summon the parties or their representatives within a maximum period of ten days from the date it was seized or declared itself competent.

2. The parties shall freely designate their representatives.

1. In the event of a default by the requesting party, the body shall issue a new summons.

2. In the event of a second default by the requesting party, the body shall determine that it has not been seized within the meaning of Article 52, paragraph 2, letter c of the Law of November 12, 2001, on State Personnel of the Canton of Vaud (hereinafter: Lpers [A]), and shall dismiss the case as concluded.

1. The body, or one of its delegated members, hears the parties and attempts conciliation.

1. Subject to Article 7, the proceedings shall in principle be oral.

1. If an agreement is reached, a report is drawn up and signed by the parties and the president or the delegated member.

1. When the representatives of the parties do not have full authority to accept the agreement, the president or the delegated member grants them a period to have the agreement ratified.

1. The procedure may be suspended upon the joint request of the parties, particularly when they are attempting to reach an agreement.

2. The procedure is resumed at the request of the most diligent party.

1. The agreement, signed by the parties, terminates the proceedings.

2. In the absence of an agreement, the body issues a non-conciliation certificate.

1. If, within the period specified in Article 53, Paragraph 3 Lpers [A], the parties decide to submit the collective conflict to arbitration by the body, they are required to refrain from any means of struggle and to comply with the terms of the arbitration.

2. The arbitration agreement shall be made in written form.

1. Subject to the provisions of this chapter, an arbitration clause signed by the parties, and the mandatory provisions of the Concordat of August 27, 1969, on arbitration, the summary procedure of Title XII of the Code of Civil Procedure [B] is applicable by analogy.

1. If the president has conducted the conciliation, the parties may, by mutual request, require that one of the other two members be designated as the president of the arbitration.

1. As soon as it is seized by the parties, the body or delegated member sets a period of thirty days for each of them to submit a brief.

1. The memorandum sets out the facts, evidence, and conclusions.

1. The body, or the delegated member, may set a term of thirty days for each party to submit a written response regarding the memorandum of the opposing party.

1. The Department of Finance is responsible for the implementation of this regulation, which comes into effect on January 1, 2003.