Except as otherwise set forth in a collective bargaining agreement or the Rules of the Civil Service Commission as applicable, the following shall apply:
(a) If employees or the employee organizations involved are unwilling to accept the recommendations made to Council by the Special Employee Committee, they may so advise the Mayor and Council, in writing, of their objections to such recommendations and request fact finding. Council shall, within five days, designate one person as the City’s member of a Fact- Finding Authority and shall advise the objecting employee or employee organization of the name of such member. The objecting party shall, within five days, designate one person as the employee member of the Fact-Finding Authority, and shall advise the Mayor and the President of Council, in writing, of the name of such member. The two designated members shall meet within five days of their designation and shall attempt to agree upon an impartial third person as Chairperson of the Fact-Finding Authority. They shall thereupon jointly serve, in writing, upon the Mayor, Council and the objecting party, the name of the Chairperson so selected. If they are unable to agree upon an impartial Chairperson, they shall jointly or separately request a panel of five names from the American Arbitration Association. The representatives of the City and of the objecting employee or employee organization involved will alternately strike names from the list until one name remains. The remaining name shall be the Chairperson of the Fact-Finding Authority. Council shall, by ordinance, provide for the payment of one-half of compensation and reimbursement for expenses as may be appropriate under the circumstances for members of the Fact-Finding Authority. The objecting employee or employee organization shall provide for and secure payment of the other half.
(b) The Chairperson shall convene the Fact-Finding Authority as soon after his/her/their appointment as possible. Thereafter, a representative of the City and a representative of the objecting employee or employee organization involved shall submit his/her/their respective positions to the Fact-Finding Authority for its review and recommendations. The Fact-Finding Authority shall, within fifteen days, if possible, issue, in writing, a fact-finding report. This report shall be served upon the Chairperson of the Committee, upon the objecting employee or employee organization involved and upon the Mayor and the President of Council. As soon after receipt of such report as possible, the Committee and the objecting employee or employee organization shall meet again and seek to reach an agreement. If a subsequent agreement is reached, it will be submitted to Council as a joint recommendation for appropriate action. If an agreement is not reached within fifteen days of the issuance of the report (unless the parties mutually agree to extend the fifteen-day period), the fact-finding report will be submitted by the President of Council, together with the respective positions of the City and the objecting employee or employee organization involved, to Council for its final decision.
(Ord. 21-147. Passed 12-13-21.)