(a) Not less than ninety (90) days prior to the expiration of any existing work and wage agreement, the City of Avon Lake or the Avon Lake Fire Fighters Association, collectively or separately, shall notify the other party to begin negotiations for a new agreement. Upon completion of ninety (90) days of negotiations, either the City of Avon Lake or the Avon Lake Fire Fighters Association, upon written notice, which is to be delivered by certified mail, return receipt requested, date delivered to be considered as date received, to the chairmen of any or all negotiating parties, may demand final and binding arbitration on all unresolved issues. The decision of the Board of Arbitration shall be final and binding on both parties.
(b) The Board of Arbitration shall be composed of three (3) persons who shall be selected as follows:
(1) One (1) arbitrator shall be appointed by the City of Avon Lake and one (1) arbitrator shall be appointed by the Avon Lake Fire Fighters Association, within fourteen (14) days from the date of the written request for arbitration. The third impartial member shall be appointed upon mutual agreement of the two (2) appointed arbitrators within five (5) days after the appointment of the two (2) arbitrators, and he shall be the Chairman of the Board of Arbitration.
(2) In the event the two (2) arbitrators cannot agree on the selection of the third arbitrator within the said five (5) days, then either arbitrator shall request the American Arbitration Association to furnish a list of three (3) members of said association from which the third arbitrator shall be selected. Within five (5) days after the receipt of the list, each arbitrator shall strike the name of one (1) arbitrator from the list and the remaining arbitrator shall be the third member of the Board of Arbitration and shall assume the position of Chairman. The order of striking shall be determined by the toss of a coin by one arbitrator in the presence of the other.
(3) The American Arbitration Association shall be notified of the arbitrator chosen from the list and the arbitration proceedings and hearings shall begin as soon as possible thereafter and shall be conducted in accordance with the "Voluntary Labor Arbitration Rules" of the American Arbitration Association. Each party shall bear the expense of its own arbitrator and both parties shall equally share the expense of the third arbitrator chairman, court reporter and other expenses incurred as a result of the arbitration hearings.
(c) The Board of Arbitration shall have jurisdiction to hear and decide any unresolved issue not agreed upon in negotiation by and between the City of Avon Lake and the Avon Lake Fire Fighters Association, including, but not limited to, existing wage rates, the establishment of new wage rates, benefits and working conditions, any existing ordinance notwithstanding.
(d) Within five (5) days after the arbitrator has been appointed the City of Avon Lake and the Avon Lake Fire Fighters Association shall submit their final offer on each unresolved issue to the Board of Arbitration. Upon hearing evidence and testimony from each party, the Board of Arbitration shall select the final offer of one (1) of the parties on each of the unresolved issues and make an award or order incorporating and determining all of unresolved issues without modification. A vote of a majority of the members of the Board of Arbitration shall be binding and each of said members shall be required to vote on each unresolved issue for a final determination. The Board of Arbitration shall render its award or order within five (5) days after the hearings are concluded.
(e) In making its final award or order, the Board of Arbitration shall give careful consideration to the following factors:
(1) The lawful authority of the City of Avon Lake.
(2) The health, welfare and safety of the citizens of Avon Lake and the financial ability of the City of Avon Lake to meet its current financial obligations.
(3) A comparison of the wages, hours, benefits and conditions of employment of other employee organizations in Ohio performing the same or similar services in both the public and private sectors.
(f) The Avon Lake Fire Fighters Association shall not call, sanction, encourage, finance, assist or participate in any strike, slowdown, walkout, concerted sick leave, mass resignation, work stoppage, picketing or job action. Any interference with operation of this section by the Avon Lake Fire Fighters Association shall cancel all of the provisions of this Charter amendment and any violation of this section by a member of the Avon Lake Fire Fighters Association shall be deemed to be proper cause for disciplinary action or discharge by the City of Avon Lake.
(g) The City of Avon Lake shall not lock out, lay off or otherwise discipline any member of the Avon Lake Fire Fighters Association, during the negotiation and arbitration procedures set forth in this Charter amendment. Only after the Board of Arbitration has rendered its final award or order may the City of Avon Lake take appropriate action for violations by members of the Avon Lake Fire Fighters Association, in reference to subsection (f) hereof.
(h) Should any section or provision of this Charter amendment be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of this Charter amendment as a whole, or any part thereof, other than those parts so declared to be unconstitutional or invalid.
(i) This Charter amendment shall stay in full force and effect until changed by mutual agreement of the parties.
(Enacted 11-2-82)