88-0531 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
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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
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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
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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
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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
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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 .
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(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
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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.
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(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
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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
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bargaining impasses and any arbitration proceedings that may occur over the
negotiations for a successor Agreement.
FOR THE CITY DATE
FOR THE ASSOCIATISN
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