§ 2-03-560. Personnel Systems—Labor Relations (Collective Bargaining)—Impasse procedures.

(a)

Mediation.

(1)

If the parties have not reached agreement and an impasse exists, either party or the board may call for mediation. Upon the declaration of impasse, the parties involved shall mutually agree upon a mediator or request the federal mediation and conciliation service to appoint an impartial and disinterested person to act as mediator. If the services of the federal mediation and conciliation services are not available, the parties shall request the board to appoint a neutral and disinterested person to act as mediator. Only items negotiated but not agreed upon shall be submitted to mediation. The mediator shall not have the power of compulsion and shall meet with the parties to aid in resolving their differences and effectuate a settlement of the impasse.

(2)

The parties shall not issue public announcements concerning negotiations during pendency of these impasse procedures.

(b)

Voluntary total package final offer advisory arbitration.

(1)

If an impasse persists after the mediator has concluded or has been released by either party, the city and the employee organization shall have the power to agree voluntarily to advisory arbitration as a method of resolving the impasse. The agreement for advisory arbitration shall be in writing, and a copy shall be served upon the board. The board shall arrange for such advisory arbitration consistent with the provisions of this subdivision.

(2)

Each party shall submit to the board, within four (4) days of the agreement to enter into arbitration, its offer made to the other party resulting in the impasse, with proof of service of a copy upon the other party. Each party shall also submit a copy of the draft of the proposed collective bargaining agreement to the extent to which agreement has been reached. The parties may continue to negotiate during the arbitration proceedings until an agreement is reached or a decision is rendered by the arbitrator.

(3)

The last best offer submitted to the arbitrator shall be limited to issues that had been considered by the mediator and upon which the parties have not reached agreement.

(4)

The arbitrator shall be selected in the following manner:

The negotiating teams shall jointly request a list of five (5) names from the federal mediation and conciliation service from which the arbitrator shall be selected. The negotiating team that wins the flip of the coin shall have the right to strike the first name from the list submitted by the Federal Mediation and Conciliation Service. The negotiating teams shall continue to alternate striking names until one (1) name remains. The remaining person shall be the arbitrator.

(5)

The arbitrator shall at no time engage in an effort to mediate or otherwise settle the dispute in any manner other than that prescribed in this section.

(6)

From the time of selection until such time as the arbitrator makes his or her advisory determination, there shall be no discussion concerning recommendations for settlement of the dispute by the arbitrator with parties other than those who are direct parties to the dispute. The arbitrator may conduct formal or informal hearings to discuss the content of the final total package offer submitted by each party.

(7)

Within thirty (30) days after the conclusion of the presentation of the parties and submission of briefs, the arbitrator shall select the complete final offer submitted by one (1) of the parties and shall issue an advisory decision incorporating that final offer without modification. The arbitrator shall give written explanation for the selection of the final offer and shall inform the city commission of the advisory decision.

(c)

Costs. All costs for mediation and arbitration shall be borne equally by the city and the employee organization except that the cost of any representatives of each party shall be borne by that party.

(d)

Consideration of decision. The city commission will consider the arbitrator's advisory decision; however, the city commission reserves its authority as elected officials to make the final decision on which package to implement. The decision of the city commission is final and binding on management and the employee representative.

(e)

Resort to procedure not a condition precedent to suit . The impasse procedures set forth herein are voluntary and shall not constitute a condition precedent to the bringing of any action for relief in an appropriate tribunal; nor shall the failure or refusal of city government or any employee organization to participate in said voluntary impasse procedures constitute a defense in such action or proceedings.

(Ord. No. 789, § 3(12), 6-12-90)