(A) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AFSCME.” A unit consisting of all employees covered by the terms of the Collective Bargaining Agreement in effect as of the date of adoption of Ordinance 6309 between the city and the American Federation of state, county, and municipal employees, Local 2185, a member of Council 962 ("AFSCME"), and as composition of the unit may from time to time be amended in accordance with the provisions of the Collective Bargaining Agreement pertaining to expansion of the bargaining group.
“BARGAINING AGENT.” The labor organization committee selected by the majority of AFSCME; the Fraternal Order of Police ("Police"); or the International Association of Firefighters ("Firefighters").
“CITY.” The Board of Public Works and Safety of the city when such collective bargaining concerns all Factors of employment, except wages and monetary fringe benefits; the Common Council of the city when collective bargaining concerns wages and monetary fringe benefits.
“CITY BARGAINING AGENT.” The representatives selected by the Board of Public Works and Safety and the Common Council, which may include legal representation. The “CITY BARGAINING AGENT” shall include at least one representative whom the Common Council shall choose by a vote of the membership and who shall be approved by the presiding officer thereof.
“FACTORS.” Wages, hours of employment, fringe benefits, and working conditions.
“FIRE FIGHTERS.” The permanent uniformed members of the Fire Department.
“FIRE MANAGEMENT GROUP.” The management group of the Kokomo Fire Department is defined as including the following positions and ranks: Fire Chief, Deputy Fire Chief, Assistant Fire Chief, Battalion Chief, District Chief, Fire Inspector, Assistant Fire Inspector, Fire & Arson Investigator, Assistant Fire and Arson Investigator.
“POLICE.” The permanent members of the Police Department.
“POLICE MANAGEMENT GROUP.” The management group of the Kokomo Police Department is defined as meaning all supervising officers holding the rank of Captain or above.
(B) Right to collective bargaining and representation. Members of AFSCME, the Police, and the Firefighters shall have the right to bargain collectively with the city and to be represented by their respective Bargaining Agent with respect to all factors. The Bargaining Agent shall also have the right to retain legal counsel to represent it during collective bargaining.
(C) Recognition of Bargaining Agent. The Bargaining Agent shall be recognized as the sole and exclusive agent for all of the members of AFSCME, the police, and the firefighters, excluding those individuals heretofore defined as being members of the Fire Management Group or Police Management Group, unless and until recognition of such labor organization is withdrawn by vote of a majority of their respective group.
(D) Right to attend negotiations. The Mayor shall, in all negotiations conducted pursuant to this section, be an ex officio member of the City Bargaining Agent, and may attend all meetings in connection with the negotiations, but without a vote. The parties to the collective bargaining process may mutually agree to allow outside experts to individual negotiating sessions for the purpose of making presentations or providing expert advice on matters relevant to the negotiation process.
(E) Notice of negotiations. Either party may serve written notice or request for collective bargaining with respect to any and all requested Factors on the other party no sooner than June 1 and no later than June 15 in the last year of a collective bargaining agreement, so that if wages and monetary fringe benefits are agreed upon by the parties, those requests can be reviewed and if deemed acceptable, appropriated by the Council to cover the contract period which is the subject of the collective bargaining procedure. Failure of both parties to request bargaining on or before the deadline shall cause the automatic renewal of all terms of the existing agreement for a period of one year.
(F) Duty of city to bargain. It shall be the obligation of the City Bargaining Agent to meet and bargain in good faith with the Bargaining Agent within a reasonable amount of time after receipt of written notice from said Bargaining Agent of the request for a meeting for collective bargaining purposes. Said notices for collective bargaining shall be given to the city by service upon the President of the Board of Public Works and Safety of the city, and upon the presiding officer of the Council. The obligation to bargain in good faith shall include the duty to cause any agreement, resulting from such negotiations, to be reduced to writing. Provided, however, that the term of any such contract in writing shall not exceed three years.
(G) (1) Arbitration. In the event the Bargaining Agent and the city are unable, within 60 days from and after the date of their first meeting, to reach an agreement on a contract, the following procedure shall apply:
(a) Each party shall select no more than five matters, including wages and specific monetary fringe benefits, that were the subject of bargaining proposals or counter proposals, which shall be submitted to arbitration ("Arbitrable Issues"); and
(b) Only existing contract provisions directly impacted by the Arbitrable Issues and non-substantive contract modifications (such as new dates, signature page changes, and typographical errors in current contract language) on which both parties have unconditionally agreed in writing shall be subject to change through the arbitration procedure; all other provisions of the existing contract shall remain the same and be unaffected by the arbitration process regardless of any other tentative or final agreements otherwise reached between the parties on such matters during negotiations.
(2) Failure to request arbitration in a timely manner shall be considered a waiver of any right to arbitration. The last position on each respective, unresolved proposal, made by the city during the bargaining process and any tentative agreements reached by the parties shall be deemed the new terms for an agreement for the duration of a new three-year agreement.
(H) Selection of arbitrators. Within ten days from the expiration of the 60-day period referred to in division (G) above, the Bargaining Agent shall select one arbitrator, and the city shall select one arbitrator, and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The two arbitrators so selected and named shall, within 20 days from and after the expiration of the ten-day period above mentioned, endeavor to agree on and select and name the third arbitrator. If, on the expiration of the period allowed therefor, the arbitrators are unable to agree on the selection of a third arbitrator, the city and the Bargaining Agent, or either of them, shall in writing request that the Federal Mediation and Conciliation Service furnish, without delay, a third arbitrator. Said third arbitrator shall act as chairman of the Arbitration Board and shall call meetings thereof.
(I) Arbitration hearing.
(1) The Arbitration Board established pursuant to this section shall, acting through its chairman, call a hearing to be held within a reasonable amount of time after the date of the appointment of the chairman, and shall, acting through its chairman, give at least ten days notice in writing to each of the other two arbitrators of the time and place of such hearing.
(2) The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be applicable. Any and all documentary evidence and other data deemed relevant by the arbitrators may be received in evidence. The arbitrators shall have the power to administer oaths, to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination.
(3) The arbitration hearing conducted shall be concluded within 30 days of the time of commencement, and the Board shall, as soon as is reasonably possible, make written findings and conclusions on the issues presented, a copy of which shall be mailed or otherwise delivered to the Bargaining Agent and the city.
(4) A majority decision of the Arbitration Board on all matters, except wages and specific monetary fringe benefits to be paid to AFSCME, the Police, or the Firefighters, shall be conclusive and binding on both the Bargaining Agent and the city. Any decision of the Arbitration Board with respect to such wages and specific monetary fringe benefits shall be considered advisory and shall not be binding on the city unless the same is approved and ratified by the Common Council no later than the last day on which said Common Council may appropriate money to be paid during the period covered by the decision of the Arbitration Board.
(J) Factors in rendering arbitration decision. The Arbitration Board established pursuant to this section shall conduct the hearings and render their decision on the basis of a prompt, peaceful, and just settlement on the arbitrable issues between the Bargaining Agent and the city in respect to those factors. The matters, among others, to be given weight by the Board in arriving at a decision shall include:
(1) Comparison of factors with respect to other AFSCME groups, Police Departments, or Fire Departments with similar and like factors prevailing in not only the local area, but prevailing in other second class cities.
(2) The interest and welfare of the public.
(3) Comparison of peculiarities of employment in regard to other trades or professions, in particular:
(a) Hazards of employment.
(b) Physical qualifications.
(c) Educational qualifications.
(d) Mental qualifications.
(e) Job training and skills.
(4) Such other matters as the Board may deem pertinent or relevant.
(K) Payment of arbitration expenses. All reasonable fees and necessary expenses of arbitration shall be borne equally by the Bargaining Agent and the city.
(L) Power of Council when contract constituted. Any agreements negotiated between the Bargaining Agent and the City Bargaining Agent, either before, or within 30 days after arbitration, shall constitute the collective bargaining contract in respect to AFSCME, the police, and the firefighters and the city for the period stated therein. However, such period shall not exceed three years.
(M) Effect. Nothing in this section shall be construed as reducing, diminishing, or restricting in any manner the powers given to the Board of Public Works and Safety by state law.
(Ord. 6885, passed 2-26-18)