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HomeMy WebLinkAbout88-0531 EFD Impasse ?g-o k APPENDIX ALTERNATIVE IMPASSE RESOLUTION PROCEDURE WHEREAS, the provisions of § 1614 (p) of the Act provide that the parties may agree to submit their unresolved disputes concerning wages , hours, terms and conditions of employment to an alternative form of impasse resolution; NOW, THEREFORE, based upon the mutual benefits and consideration set forth herein, the receipt and sufficiency of which for each party is hereby acknowledged, the City and the Association agree to the following Alternative Impasse Resolution Procedure: Section 1 . Authority for Aareement . The part es agree that the statutory authority for this Agreement is § 1614 (p) of the Illinois Public Labor Relations Act ("Act" ) . The parties intend the provisions of this Agreement to represent and constitute an agreement to submit to an alternative form of impasse resolution any unresolved disputes concerning the wages , hours , terms and conditions of employment of the employees represented by the Association that are subject to the negotiations for a successor Agreement . Section 2 . Selection of Arbitrator and Naming of Panel . The parties agree that should it become necessary to submit their unresolved disputes in negotiations to arbitration - 2 - pursuant to S 1614 , they will engage in the arbitration of impasses procedure described in the Act and the Rules and Regulations of the Illinois State Labor Relations Board ("Board" ) , subject to the following : (a) Service of Demand for Compulsory Interest Arbitration: The parties agree that a Demand for Compulsory Interest Arbitration filed by either party upon the other prior to January 1, 1991 (or prior to January 1 in any subsequent year if the Agreement is automatically renewed) with respect to the negotiations for a successor Agreement shall be deemed to be a proper and timely demand as provided in the Act and the Rules and Regulations of the Board; further, that arbitration proceedings under the Act and those Rules and Regulations shall be deemed to have been initiated and commenced on the date of service and filing of the Demand for Compulsory Interest Arbitration; (b) Arbitrator Selection Process . The parties agree that notwithstanding the filing and service of any Demand for Compulsory Interest Arbitration by the Association, the selection of an arbitrator will be delayed until such time as either party serves upon the representative of the other, in writing by - 3 certified mail, a demand that the arbitrator selection process be commenced. It is further agreed that : (i) During this period of delay, the parties agree to continue good faith collective bargaining with the advice and assistance of the Mediator from FMCS; (ii ) Within seven (7) days of the receipt by the other party of the written demand that selection of an arbitrator begin, the representatives of the parties shall meet and attempt to mutually agree upon an arbitrator . The parties agree that the arbitration proceedings shall be heard by a single, neutral arbitrator . Each party waives the right to a three member panel of arbitrators as provided in the Act; (iii ) In the absence of agreement on a neutral arbitrator, the parties shall file a joint request with the American Arbitration Association ("AAA") for a panel of seven (7) arbitrators from which the parties shall select a neutral arbitrator. The parties agree to request the AAA to limit the panel to - 4 - members of the National Academy of Arbitrators . Both the City and the Association shall each have the right to reject one panel in its entirety within seven (7) calendar days of its receipt and request that a new panel be submitted. The parties agree to engage in the AAA' s ranking process for purposes of determining which of the seven (7) arbitrators on the panel shall serve as the neutral arbitrator. Each party shall have fourteen (14) calendar days from the date the panel list is received from the AAA to number the names on the panel list in order of preference and return the list to the AAA. In accordance with the designated order of mutual preference, the AAA shall invite the acceptance of the arbitrator to serve. In the event that the arbitrator declines or is unable to serve, the AAA shall invite the next arbitrator in designated order of mutual preference to so serve. In the event that he declines or is unable to serve, the parties agree to jointly request a new panel of seven (7) arbitrators from the AAA and commence the selection process anew. It is further agreed that the AAA' s role and participation in the - 5 - arbitration process shall be strictly limited to providing the panel(s) and administering the selection process . Once an arbitrator has been selected by means of the parties ' ranking of the members of the panel , the AAA' s participation in the arbitration proceedings shall be terminated. The parties shall divide equally any costs associated with the AAA administering the selection process . The parties shall inform the AAA of this limited role by joint letter at the time the first panel is requested; (iv) The parties shall jointly communicate and coordinate all remaining aspects of the arbitration (including but not limited to scheduling of hearings, requests for issuance of subpoenas and the submission of post-hearing briefs) directly with the neutral arbitrator in the manner prescribed in the Act and the Rules and Regulations of the Board. (c) Issues in Dispute and Final Offers . Within seven (7) calendar days of the service of a demand that the arbitrator selection process commence, the representatives of the parties shall meet and develop a written list of those issues that remain - 6 in dispute. The representatives shall prepare a Stipulation of Issues in Dispute for each party to then execute and for submission at the beginning of the arbitration hearing . The parties agree that only those issues listed in the Stipulation shall be submitted to the arbitrator for decision and award. It is further agreed that : (i) Each party retains the right to object to any issue on the grounds that the same constitutes a non-mandatory subject of bargaining; provided, however, that each party agrees that it will notify the other of any issue that it regards as a non-mandatory subject of bargaining not later than two weeks after the first negotiation meeting where the issue is substantively discussed. Should any disputes arise as to whether a subject is a mandatory subject of bargaining, the parties agree to cooperate in obtaining a prompt resolution of the dispute by the Board pursuant to the Act and the Rules and Regulations of the Board [Section 1200. 140(b) ] . Either party may file a petition with the Board 's General Counsel for a declaratory ruling after receiving such notice from either party that it regards a particular issue a non-mandatory subject of bargaining . • - 7 - (ii ) Not less than seven (7) calendar days prior to the date when the first day the arbitration hearings are scheduled to commence, the representatives of the parties shall simultaneously exchange in person their respective written final offers as to each issue in dispute as shown on the Stipulation of Issues in Dispute. The foregoing shall not preclude the parties from mutually agreeing to resolve any or all the issues identified as being in dispute through further collective bargaining . (d) Authority and Jurisdiction of Arbitrator . The parties agree that the neutral arbitrator shall not function as a mediator unless mutually agreed by the City and the Association. The arbitrator selected and appointed to resolve any disputes that may exist in these negotiations shall have the express authority and jurisdiction to award increases or decreases in wages and all other forms of compensation retroactive to January 1, 1991 (or to January 1 in any subsequent year if the Agreement is automatically renewed) for the negotiations for a successor Agreement, provided in either instance a party has served upon the other party a timely - 8 - Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2(a) above, notwithstanding any delay in the arbitrator selection process that may have occurred or any other modification of the impasse procedure described in the Act and the Rules and Regulations of the Board as a result of this Agreement . Provided one party has served on the other party a timely Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2(a) above, each party expressly waives and agrees not to assert any defense, right or claim that the arbitrator lacks the jurisdiction and authority to make such a retroactive award of increased or decreased wages or other forms of compensation. (e) Discretion and Judament of Arbitrator. The parties do not intend by this Agreement to predetermine or stipulate whether any award of increased or decreased wages or other forms of compensation should in fact be retroactive, but rather intend to insure that the arbitrator has the jurisdiction and authority to so award retroactive increases or decreases, provided a timely Demand for Compulsory Interest Arbitration has been submitted by one party, should he in his discretion and judgment believe such an award is appropriate. - 9 (f) Conduct of Hearings . The parties agree that all arbitration hearings shall be conducted as follows : (i) Hearings shall be heli in the City of Elgin, Illinois, at a mutually agreed location. Hearings may be conducted outside the City of Elgin only by written mutual agreement; (ii) The hearings shall begin within thirty (30) days of the notification from the AAA that the arbitrator selected has accepted the appointment to serve as the neutral arbitrator. The parties by mutual written agreement may agree to delay the date of the first hearing for a period up to ninety (90) days . The hearings shall be scheduled on mutually agreed dates, subject to the reasonable availability of the arbitrator and the representatives of the parties and shall be concluded within thirty (30) days of the date of the first hearing; (iii) The party requesting arbitration shall proceed with the presentation of its case first, followed by the non-requesting party. Each party shall have the right to submit rebuttal evidence and testimony, as well as to submit a • - 10 - post-hearing brief . Post-hearing briefs shall be simultaneously submitted directly to the arbitrator, with a copy sent to the opposing party' s representative, within twenty-one (21) calendar days of the conclusion of the hearings; (iv) The arbitrator ' s decision and award shall be issued in writing directly to each party' s representative within thirty (30) days of the close of hearings or the submission of post-hearing briefs , whichever is later; (v) A mutually agreed court reporting service shall record and transcribe the hearings . The costs of the neutral arbitrator, as well as the costs of the court reporting service and a copy of the transcript for the arbitrator shall be divided equally. Each party shall be responsible for purchasing its own copy of the transcript and for compensating its witnesses and representatives . Rection 3 . Remaining Provisions of S 1614 . Except as expressly provided in this Agreement, the parties agree that the provisions of S 1614 of the Act and the Rules and Regulations of the Board shall govern the resolution of any - 11 - bargaining impasses and any arbitration proceedings that may occur over the negotiations for a successor Agreement. FOR THE CITY DATE FOR THE ASSOCIATISN 2J01mm / - , ,-S £ -�_Jam► . 7-