Sec. 2-219. Resolution of impasses.
During the course of meeting and conferring over the terms of a memorandum of understanding, the parties may adopt such informal impasse resolution procedures as they deem appropriate.
If, after meeting and conferring for a reasonable period of time a dispute exists between the employer and the authorized employee organization or if a memorandum of understanding has not been reached prior to March 1 the following procedures shall be followed:
A. Both parties shall advise the Board by no later than March 1 that a dispute still exists.
B. Either party, or both parties, may request that the Board determine that an impasse exists and request the submission of the matter to formal mediation.
C. Following a determination by the Board that an impasse exists or upon receiving a request for formal mediation from both parties, the Board shall apprise the Federal Mediation and Conciliation Service of the impasse and request that a mediator be assigned forthwith to the case. Simultaneously, the Board shall furnish the parties with a list of not less than five qualified fact-finders.
D. If for any reason the Federal Mediation and Conciliation Service is unable to assist the parties in a timely manner, the American Arbitration Association shall be contacted to assist the parties. All costs incurred by the use of an American Arbitration Association mediator shall be borne equally by the parties to the dispute.
E. If the parties elect to use an informal dispute resolution procedure which does not result in an agreement on a memorandum of understanding by March 1, and if the Board determines that an impasse exists, the formal mediation process described in subsections C and D of this section shall not be mandatory; instead, when both parties agree, the matter or matters in dispute shall be presented forthwith to the City Council or, if both parties do not agree to submit the matter or matters to the City Council, the matter or matters in dispute shall be submitted to a fact-finder.
F. If the parties are unable to resolve a dispute within ten days of the first day of the availability of the Federal Mediation and Conciliation Service or American Arbitration Association mediator, or sooner if the mediator believes that further efforts at mediation are not likely to resolve the dispute, the mediator shall immediately advise the Board that a dispute still exists and the dispute shall be submitted to a fact-finder unless both parties agree to refer the dispute directly to the City Council.
G. If the dispute is referred directly to the City Council, each party shall file a position paper on the issues in dispute and each shall have the right to make a presentation on these issues before the City Council prior to the final action by the Council.
H. If the parties do not agree to submit the matter or matters to the City Council as provided in subsections E and F of this section the following provisions will be implemented:
1. Upon request by the Board, the parties shall select a fact-finder from the list specified in subsection C of this section by alternately striking names from those then available.
2. If within forty-eight hours, for any reason the parties have not selected a fact-finder the Board shall promptly appoint a fact-finder to the dispute.
3. The fact-finder shall commence fact-finding within five working days of notification by the Board of his or her selection or appointment.
4. Any per diem fees and expenses charged by the fact-finder shall be borne equally by the parties. Each party shall be responsible for the costs of its respective witness(es) or representative(s).
I. If no agreement is reached within five working days of receipt of the fact-finder’s report and advisory recommendations by the parties, the Board shall transmit a copy of the report and recommendations to the Mayor and City Council, shall file a copy with the City Clerk and shall make the report and recommendations available to the public. In the event there are two or more fact-finding reports and recommendations, the fact-finding reports and recommendations shall not be transmitted to the Mayor and City Council, filed with the City Clerk or made available to the public until five business days following receipt by the parties of the last of the fact-finding reports and recommendations. Thereafter, the Board may assist the parties to effect a voluntary resolution of the dispute.
J. Should either the public employer or the employee organization not accept in whole or in part the advisory recommendations of the fact-finder, then within five working days after the report and recommendations have been made public:
1. The City Manager or his designated representative shall submit to the City Council his written recommendations for settling the dispute; and
2. The employee organization shall submit to the City Council its recommendations for settling the dispute.
3. Within ten working days from the receipt of the position papers, the City Council shall conduct a public hearing at which the parties shall be required to explain their positions with respect to the fact-finder’s report and recommendations.
4. Within ten working days following the conclusion of the public hearing, the City Council shall take such action as it deems to be in the public interest including the interest of the public employees, public employer, and the public.
K. Whether or not the proceedings of this section are completed, if no agreement has been reached by April 14, the matter shall be submitted to the City Council in accordance with the following:
1. Within five working days following April 14, the City Manager or his designated representative and the employee organization shall submit to the City Council a written position statement on all unresolved issues in dispute.
2. Within ten working days following receipt of the written position papers, the City Council shall conduct a public hearing at which the parties shall be given full opportunity to explain their respective positions on all unresolved issues.
3. Within ten working days following the conclusions of the public hearing, the City Council shall take such action as it deems to be in the public interest, including the interest of the public employees, public employer and the public. (Ord. No. G-1532, § 11; Ord. No. G-1754, § 9; Ord. No. G-1885, § 2; Ord. No. G-2016, § 1; Ord. No. G-2036, § 4; Ord. No. G-3303, § 12; Ord. No. G-6087, 2015)