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Res18 15694
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Res18 15694
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Last modified
8/2/2018 1:19:42 PM
Creation date
7/25/2018 11:22:11 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
7/23/2018
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<br />ATTY/CHARTER AMENDMENTS/2018/2018 FINAL CHARTER AMENDMENTS <br />REV: 07-18-18 VR <br />Page 42 of 45 <br /> <br />c. Obligation to Negotiate in Good Faith. The City, through its duly authorized <br />representatives, shall negotiate in good faith with recognized fire department employee <br />organizations on all matters relating to the wages, hours, and other terms and conditions of City <br />employment, and including the establishment of procedures for the resolution of grievances <br />concerning the interpretation or application of any negotiated agreement. Unless and until <br />agreement is reached through negotiations between the City and the recognized employee <br />organization for the fire department employees or a determination is made through the <br />arbitration procedure hereinafter provided, no existing benefit or condition of employment for <br />said fire department employees shall be eliminated or changed. <br /> <br />d. Impasse Resolution Procedures. All disputes or controversies pertaining to wages, <br />hours, or terms and conditions of employment which remain unresolved after good faith <br />negotiations between the City and the fire department employee organization shall be submitted <br />to a three-member board of Arbitrators upon the declaration of an impasse by the City or by the <br />recognized employee organization involved in the dispute. <br /> <br />Representatives designated by the City and representatives of the recognized employee <br />organization involved in the dispute, shall each select one arbitrator to the Board of Arbitrators <br />within three (3) days after either party has notified the other, in writing, that it desires to proceed <br />to arbitration. The third member of the Arbitration Board shall be selected by agreement between <br />the two arbitrators selected by the City and the employee organization, and shall serve as the <br />neutral arbitrator and Chairpersonman of the Board. In the event that the arbitrators selected by <br />the City and the employee organization cannot agree upon the selection of the third arbitrator <br />within ten (10) days from the date that either party has notified the other that it has declared an <br />impasse, then either party may request the State of California Conciliation Service to provide a <br />list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators <br />selected by the City and the employee organization cannot agree within three (3) days after <br />receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternately strike <br />names from the list of nominees until one name remains and that person shall then become the <br />third arbitrator and cChairpersonman of the Arbitration Board. <br /> <br />Any arbitration convened pursuant to this article shall be conducted in conformance with, <br />subject, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. <br /> <br />At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties <br />to submit, within such time limit as the Board may establish, a last offer of settlement on each of <br />the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting <br />whichever last offer of settlement on that issue it finds most nearly conforms with those factors <br />traditionally taken into consideration in the determination of wages, hours, and other terms and <br />conditions of public and private employment, including, but not limited to, changes in the average <br />consumer price index for goods and services, the wages, hours, and other terms and conditions <br />of employment of other employees performing similar services, and the financial condition of the <br />City and its ability to meet the cost of the award.
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