14-9 Impasse resolution.
In the event that the certified employee organization and the City's duly designated representative are unable within thirty (30) days from and including the date of their first meeting, to reach agreement on a contract, any and all unresolved issues subject to collective bargaining shall be submitted to advisory fact-finding.
Within three (3) days from and after the expiration of the time period referred to above, the employee organization or the City's representative shall inform the American Arbitration Association, or its successor organization, that advisory fact finding is desired. Within ten (10) days thereafter, the appropriate arbitration association shall submit simultaneously to each party an identical list of seven (7) names of those to act in the capacity of an advisory fact finder. The parties shall, within seven (7) days, alternately strike one (1) name from the list until one (1) individual is selected. Upon completion of the selection process, the advisory fact finder shall have twenty-five (25) days in which to start hearings between the parties. A subsequent period of seven (7) days shall be allowed for the conduct of such hearing and the parties shall have (5) days to submit briefs after the conclusion of the hearing. The advisory fact finder shall be given a period of up to fifteen (15) days in which to render recommendation(s).
The advisory fact finder shall consider, weigh and be guided by the following criteria:
(1) The lawful authority of the City;
(2) Stipulations of the parties;
(3) The interest and welfare of the public and the financial ability of the City to bear the costs involved;
(4) Comparison of the wages, hours, benefits and other terms or conditions of employment of the employees involved with the other employees performing similar services in public employment in comparable communities;
(5) The cost of living; and
(6) The overall compensation presently received by the employees including direct wage compensation; vacation, holidays and other excused time; insurance and pensions; medical and hospitalization benefits; the continuity and stability of employment; and all other benefits received.
The advisory fact finder shall make written findings, conclusions, and recommendations. The fact finder may use any criteria or factors generally accepted in arriving at his findings, conclusions and recommendations.
The advisory fact finder shall consider the final offer of the City and the final offer of the employee organization. The fact finder may recommend the final offer of the City or the final offer of the employee organization or any combination thereof, or any intermediate position which he deems appropriate. The advisory fact finder shall state his reasons for his recommendations.
The recommendations of the fact finder shall be advisory only. Within twelve (12) days of the receipt of the recommendations of the fact finder, the City and employee organization shall meet and simultaneously, and in writing, notify each other of their respective determination to accept or reject the recommendations of the fact finder. Only the unresolved issues remaining after this meeting shall be submitted to the special election set forth in Section 14-10. Nothing in this Charter shall prohibit the parties from reaching a settlement on any or all issues prior to the last date that the City Council can revoke or cancel any scheduled special election.
All fees and expenses related to advisory fact finding will be shared equally by the City and the employee organization. (Ord. No. CA77-3, 11-8-1977; Ord. No. 89-85, § 1, 11-7-1989)