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87-1221 EFD Impasse -Baa.) ALTERNATIVE IMPASSE RESOLUTION AGREEMENT AGREEMENT made this the a.( day of D(3.0-45- 110E 1987, by and between the City of Elgin, Illinois (hereinafter "the City" ) and Local 439 of the International Association of Firefighters (hereinafter "the Association" ) is as follows : WHEREAS, the parties are currently engaged in collective bargaining for purposes of negotiating a successor agreement to the labor agreement currently in effect ; and WHEREAS, the parties ' bargaining is governed by the provisions of the Illinois Public Labor Relations Act (hereinafter "the Act" ) and the Rules and Regulations of the Illinois State Labor Relations Board (hereinafter "the Board" ) ; and WHEREAS, by the provisions of the Act and the Board ' s Rules and Regulations, the parties must commence impasse resolution procedures on or about December 1, 1987; and WHEREAS, the parties agree that it is in their mutual best interests to delay commencement of the impasse resolution procedures for a period of at least forty-five (45) days in order to allow themselves the opportunity to engage in further good faith bargaining and arrive at a mutually agreed successor agreement ; and - 2 - WHEREAS, neither party wishes to be prejudiced by the delay in commencement of impasse resolution procedures, yet each agrees that to commence impasse resolution according to the statutory timetable would have a detrimental effect on the parties ' mutually expressed intent and desire to exhaust all reasonable efforts at reaching an accord . NOW, THEREFORE, the parties agree as follows : (1) Authority for Agreement: The parties agree that the statutory authority for this Agreement is § 14 (p) of the Act (§ 1614 , Chapter 48, of the Illinois Revised Statutes) . The parties intend the provisions of this Agreement to represent and constitute an agreement to submit the parties ' unresolved disputes concerning wages, hours , terms and conditions of employment of the employees represented by the Association to an alternative form of impasse resolution, the provisions of which are set forth herein. (2) Compliance with the Act and Rules: The parties agree that at the appropriate dates as set forth in the Act and the Board Rules and Regulations, the Association will file the necessary statutory forms and demands to institute the impasse resolution procedures of the Act; i.g. , that on or about December 1 , 1987, the Association will notify the City of its desire to engage the services of a mediator from the Federal Mediation and Conciliation Service (FMCS) to assist the parties - 3 - in their negotiations, and that on or before December 31, 1987, the Association will serve upo.n the City and file with the Board a Demand for Compulsory Interest Arbitration. (3) Extension of Time to Bargain: Notwithstanding the filing of the request for a mediator and the service and filing of a Demand for Compulsory Interest Arbitration on the dates set forth above, the parties agree that : (a) The FMCS mediator will be requested to actively assist the parties in their negotiations , should the same not have resulted in a ratified successor agreement , on or about January 15, 1988, unless the parties mutually agree in writing to extend said date; (b) That should the parties ' negotiations have not resulted in a ratified successor agreement on or before February 15, 1988, unless the parties mutually agree in writing to extend said date, the parties will engage in the interest arbitration procedure set forth in the Act and the Board Rules and Regulations . (4) Effect of Extension of Time to Bargain: The parties specifically agree that the arbitrator selected by the parties to resolve any impasse that may exist as of February 15, 1988 , or on the date of any mutually agreed to extension, shall have the express authority and jurisdiction to award increases or decreases in wages and all other forms of - 4 - compensation retroactive to January 3 , 1988 , notwithstanding any delay in the mediation process or the selection of an arbitrator and the timing of any arbitration hearing that may occur to resolve any impasses that may arise. Each party expressly waives and agrees not to assert any defense, right or claim that the arbitrator lacks the jurisdiction and/or authority to make such retroactive award of increased or decreased wages or other forms of compensation. The foregoing is not intended to predetermine whether any award of increased or decreased wages or other forms of compensation should in fact be retroactive to January 3 , 1988, but rather is intended to insure that the arbitrator has the jurisdiction and authority to so award retroactive increases or decreases to that date should he in his discretion and judgment believe such an award is appropriate . (5) Arbitrator Selection Process: (a) In the absence of agreement on a neutral arbitrator, the parties shall file a joint request with the American Arbitration Association (hereinafter "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 members of the National Academy of Arbitrators . Both the City and the Association shall have the right to reject one panel - 5 - 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, provided that each party may strike or cross out not more than two (2) of the arbitrators on the panel before ranking the remaining arbitrators on the panel . 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 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 - 6 - 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; (b) 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 . (6) 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 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 : (a) Each party retains the right to object to any issue on the grounds that the same constitutes a non-mandatory subject of bargaining . Any such objections - 7 - shall be submitted in writing to the other party no later than December 23 , 1987 . If thereafter a party submits a counterproposal which the other party believes is a non-mandatory subject of bargaining, said party must so advise the other party of its contention that the counterproposal is a non-mandatory subject of bargaining within one week of the date on which the counterproposal is first submitted. 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 . (b) 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 . - 8 - (7) Conduct of Hearings: The parties agree that all arbitration hearings shall be conducted as follows : (a) Hearings shall be held 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; (b) 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; (c) 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 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; - 9 - (d) 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; (e) 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 . (8) Remaining Provisions of § 1614 : Except as otherwise provided in this Agreement, the parties agree that the provisions of § 1614 of the Act and the Board Rules and Regulations shall govern the resolution of any impasses and any arbitration proceedings that may occur . To the extent that there is any conflict between the provisions of this Agreement and § 1614 and the Board Rules and Regulations , the terms of this Agreement shall prevail . (9) Consideration and Recitals: The parties agree that the recitals set forth in the beginning of this Agreement represent essential elements of the parties ' understanding and the same are hereby incorporated as part of this Agreement . Each party acknowledges that it has received sufficient good and valuable consideration for making the promises and - 10 - agreements set forth herein and expressly waives any right to assert or claim that such consideration is insufficient in fact or by law. (10) Authority of Representatives : The undersigned representatives warrant to each other that they have been duly authorized by the respective parties to enter into this Agreement and that each has taken all steps necessary to insure the binding effect of this Agreement . FOR-1HE CITY / DATEii X14 Ix 1 2--/e 7 400"f FOJ HE A SOC TION A /241.1 .7/.3 - //7