(A) Duty to bargaining collectively. Whenever the city or any of its agencies, divisions, or departments (hereafter “the employer”), has recognized a labor organization as the exclusive bargaining representative of a unit of city employees, the city has a continuing duty to bargain collectively with such organization. This duty to bargain collectively means:
(1) The obligation of the employer and labor and labor organization to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, and the execution of a written contract incorporating any agreement reached, but such obligation does not compel either party to agree to a proposal or require the making of a concession, expect as provided in division (C) below; and
(2) Where a collective bargaining contract is in effect, the duty to bargain collectively also means that no party shall modify such contract, unless the party desiring such modification:
(a) Serves written notice upon the other party of the proposed modification 60 days prior to the expiration date thereof, or if the contract has no expiration date, 60 days prior to the time it is proposed to make such modification;
(b) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications; and
(c) Continues in full force and effect all the terms and conditions of the existing contract until a new contract is mutually agreed upon or a new contract is settled in accordance with division (C) below.
(B) Enforcement of the duty to bargain collectively.
(1) If the employer or a labor organization believes the other has violated division (A) above, either may provide the other with a written complaint describing the conduct alleged to be the violation(s) and the remedy sought within ten days after receipt of such complaint, the non-complaining party shall provide a written response.
(2) If the complaint is not resolved within ten days after submission of the above response, the complaining party may have a neutral arbitrator adjudicate the complaint and craft an appropriate remedy by sending a written demand for arbitration to the non-complaining party along with a list of seven arbitrators obtained from the Federal Mediation and Conciliation Service (“FMCS”).
(3) (a) The parties shall select the neutral arbitrator by alternatively striking names from the list until only one remains with the non-complaining party striking first.
(b) If the parties fail to select an arbitrator within ten days of the non-complaining party’s receipt of the list, the parties are deemed to have mutually requested that FMCS appoint an arbitrator, and the complaining party may so certify to the FMCS.
(4) The arbitrator shall conduct a hearing on the complaint on a date and at a location agreed upon by the parties. If the parties fail to agree, the arbitrator shall set the date and location no later than 90 days from his/her receipt of notice of selection by FMCS.
(5) The arbitrator shall conduct the hearing in accordance with the parties’ agreement. Absent agreement, there shall be no discovery and neither the State Rules of Trial Procedure nor the State Rules of Evidence shall be applied. The arbitrator shall issue a written award within ten days of the close of the hearing setting forth the violations found, if any, and the remedy.
(6) Except as otherwise provided by this section, the arbitration shall be conducted, the duty to arbitrate shall be enforceable, and the arbitrator’s award shall be enforceable, under the State Arbitration Act, I.C. 34-57-2-10 et seq.
(7) The arbitrator’s fees and room rental fees, if any, shall be borne by the losing party, but the parties shall otherwise bear their own costs.
(C) Prohibition against strikes and lock outs; impasse procedures.
(1) It is unlawful for any employee or employee organization to take part in, assist, or advocate a strike against the employer. The employer may in an action at law or equity, or other proper proceeding, take action against any employee organization, or any person aiding or abetting in a strike, to redress such unlawful act. The employer shall not pay an employee for any day he/she fails to report to work as a result of a strike. The employer shall not lock out its employees.
(2) In lieu of strikes, impasses in collective bargaining negotiations shall be resolved as follows:
(a) Thirty days after the start of collective bargaining negotiations required by division (A) above. Either party may request mediation by a mediator appointed by the FMCS. The mediator, if mutually agreed upon, may facilitate a resolution of the disputed issues, but shall not have binding authority to resolve such dispute.
(b) Thirty days after the request for mediation, but only after such request, either party may declare an impasse in collective bargaining negotiations by sending notice to the other, which notice shall identify each issue on which there is impasse and setting forth that party’s final position or offer on each such issue. Within ten days of receipt of such declaration, the other party shall provide written response setting forth its final position or offer on each such issue, and identifying any other issues it believes to be in dispute or unresolved, and its final position or offer on each such issue.
(c) If the disputed or unresolved issues are not resolved within 30 days of the response submitted under division (C)(2)(b) above, either party may invoke arbitration under division (B) above, except that before or at the commencement of the hearing, the arbitrator shall ascertain the final position or offer of each party on all issues identified as being in dispute or unresolved, After the hearing, the arbitrator’s award shall adopt only the final position or offer of either party on each issue in dispute or that is unresolved, and he/she shall not craft a different term for the contract. Whichever position or offer the arbitrator adopts shall constitute that part of the collective bargaining contract on the issue and, upon issuance of the award, the collective bargaining contract shall be deemed concluded in all respects.
(Ord. 22-0004, passed 2-23-2022)