§ 33.70  FIREFIGHTERS AND POLICE OFFICERS COLLECTIVE BARGAINING.
   (A)   Name.  This section may be cited and referred to as the Firefighters’ and Policemens’ Collective Bargaining Ordinance.
   (B)   Policy declaration.  It is declared to be the public policy of the City of Marion, Indiana:
      (1)   That the city shall recognize the labor organization selected by the majority of firefighters bargaining unit and the city shall recognize the labor organization selected by the majority of the police officers in the police officer’s bargaining unit. Such organizations shall have the right to bargain collectively on behalf of their respective members;
      (2)   That a reasonable, fair, equitable method of settling disputes between firefighters and police officers and the city shall be established in the public interest;
      (3)   That in the protection of the public health, safety and the welfare of the citizens of Marion, Indiana, neither the firefighters nor police officers thereof should not, and will not, be accorded the right to strike. A strike will constitute a violation of this section.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BARGAINING UNIT. As it relates to the firefighters, shall apply to all members of the Marion Fire Department except: the Fire Chief; the Deputy Chief; any member with less than one year seniority. As it relates to the police officers, shall apply to all members of the Marion Police Department except: the  Police Chief; the Assistant Police Chief; any member with less than one year seniority; and clerical personnel who have not successfully completed the law enforcement academy training required to serve as a law enforcement officer.
      CITY. The City of Marion and those officially designated person(s) by the Mayor who shall act on behalf of the city.
      COLLECTIVELY BARGAIN or  BARGAIN. The performance by the city, corporate authorities and firefighters and police officers of the mutual obligation:
         (a)   To meet at reasonable times, including meetings in advance of the budget making process; and
         (b)   To negotiate in good faith with respect to factors of employment.
      CORPORATE AUTHORITIES. For the purpose of this section, the representatives from the City Council and the representatives from the Board of Works and Public Safety for the City of Marion.
      EXCLUSIVE REPRESENTATIVE. As it relates to firefighters, shall mean the labor organization selected by the majority of firefighters to represent them as to factors of employment. As it relates to the police officers, shall mean the labor organization selected by the majority of police officers to represent them as to factors of employment.
      FACTORS. Wages, hours of employment, fringe benefits, working conditions and all other terms and conditions of employment.
      FIREFIGHTERS. The regularly employed members of the Marion Fire Department who are members of the 1937 and 1977 Pension Act in the bargaining unit.
      POLICE OFFICER. The regularly employed members of the Marion Police Department who are members of the 1934 and the 1977 Pension Act in the bargaining unit.
      STRIKE. Any group action or refusal to act which results in any interference with normal activity of the Marion Fire Department or Police Department, such as, but not limited to willful absence from one’s position, sick in or work stoppage or abstinence or interference in whole or in part from the whole faithful and proper performance of duties of employment without the lawful approval of the city.
   (D)   Collective bargaining.
      (1)   The city and the representatives for the corporate authorities shall meet in good faith with the representatives for the firefighters and police officers and begin bargaining concerning factors not later than 15 days after one party delivers written notice upon the other party of its request for meeting for collective bargaining purposes.
      (2)   The bargaining representatives for the firefighters and the police officer may form a joint bargaining committee of six members for wages and common fringe benefits.
      (3)   An agreement resulting from negotiations shall be reduced to a written contract. This contract shall be ratified by resolution of the legislative body of the city. The City Council shall appropriate the monies necessary to fund the cost items contained in any contract which it ratifies. Nothing in this section prevents the use of multi-year contracts; however, contracts may not exceed the length of the term of the Mayor, plus one year.
   (E)   Mediation.
      (1)   If the parties are unable to successfully conclude negotiations within 45 days from and including the date that one party gave written notice to the other party of the request to meet for collective bargaining purposes, then either party may request in writing that a mediator be selected to assist the collective bargaining process.
      (2)   The requesting party shall contract the regional American Arbitration Association office serving the Marion area and request a list of five mediators from which the requesting party shall strike first and the non-requesting party second and so on until one mediator remains who shall serve as mediator and informally assist the parties in reaching an agreement as to the factors of employment still in dispute. The striking shall be complete within two business days after the list of names is submitted by the American Arbitration Association.
      (3)   The cost of mediation shall be equally borne by the city and the bargaining unit.
   (F)   Arbitration.
      (1)   If the parties have failed to reach an agreement within 30 days after one or both of the parties served their written request for the appointment of a mediator, then upon written request of either party the unresolved factors shall be settled through binding arbitration, with the mediator assuming the task of arbitrator of the dispute.
      (2)   The arbitrator shall conduct such hearings as he or she deems appropriate and render his or her decision upon the basis of a prompt, peaceful and just settlement of all disputes and issues between the bargaining unit and the city with respect to factors. The matters, among others, to be given weight by the arbitrator in arriving at a decision shall include:
         (a)   Comparison of like factors in respect to similar bargaining units and cities;
         (b)   The interest and welfare of the public;
         (c)   Comparison of peculiarities of employment in regard to other trades or professions, in particular:
            1.   Hazards of employment;
            2.   Physical qualifications;
            3.   Educational qualifications;
            4.   Mental qualifications;
            5.   Job training and skills;
         (d)   Such other matters as the arbitrator may deem pertinent or relevant.
      (3)   The arbitrator shall have such time to complete the process of binding arbitration as shall remain, keeping in mind the deadline imposed by Indiana state law for the passage of budgets, since some or all of the factors in the dispute may be monetary in nature.
      (4)   The city and the bargaining unit shall comply with the decision of the arbitrator and shall do whatever is necessary to implement that decision.
      (5)   The cost of the arbitration shall be equally borne by the city and the bargaining unit.
      (6)   The City Council shall have the power of veto over the arbitrator’s decision with a two-thirds vote. In the event of a City Council veto the City Council shall establish the disputed monetary items with all other disputed factors of employment remaining no less than the current contract in force.
   (G)   Limitations on duration of contract.  Any agreements negotiated between the bargaining unit and the city or determined through binding arbitration shall constitute the collective bargaining contract between the parties for the period stated therein; provided, however, that such period shall not exceed the term of the Mayor plus one year.
(Ord. 27-1987, passed 10-20-1987)