(A) Title. This section may be cited as “the Police Officers and Firefighters Collective Bargaining Act.”
(1987 Code, § 2-140)
(B) Public policy and strike prohibition. The protection of the public health, safety, and welfare demands that the sworn firefighters and police officers of the city Police Department and the city Fire Department not be accorded the right to strike or engage in any work stoppage or slowdown. This necessary prohibition does not, however, require the denial to the sworn firefighters and police officers of other well recognized rights of labor, such as the right to organize, to be represented by a labor organization of their choice, and the right to bargain collectively concerning wages, rates of pay, and other terms and conditions of employment. Members of the city Police Department and the Fire Department may be represented by Donald M. Wynn Lodge No. 108 of the Fraternal Order of Police and Local No. 577 of the International Fire Fighters Association. It is declared to be the public policy of the city to accord to the sworn firefighters and police officers of the city Police Department and Fire Department all of the rights of labor other than the right to strike, or engage in any work stoppage or slowdown. To provide for the exercise of these rights, a method of arbitration of disputes is established.
(1987 Code, § 2-141)
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CORPORATE AUTHORITIES. The proper officials within the city whose duty or duties it is to establish the wages, salaries, rates of pay, hours, and working conditions of employment of the members of the city Police Department and the city Fire Department, whether they be the Mayor, the City Council, the Board of Public Works and Safety, or by whatever name the same might be designated, or any combination thereof.
FIREFIGHTER. The sworn firefighters of the city Fire Department.
POLICE OFFICER. The sworn law enforcement officers of the city Police Department that have the right to enforce the state laws and the ordinances of the city.
(D) Exceptions. This collective bargaining section does not apply to the Chief and Deputy Chief of the city Police Department, the Chief of the city Fire Department, all civilian employees of both departments, and all probationary employees of both departments.
(1987 Code, § 2-142)
(E) Right to bargain. The police officers and the firefighters of the city shall have the right to bargain collectively with the city and to be represented by the labor organizations designated above in that collective bargaining as to wages, rates of pay, hours, and working conditions.
(1987 Code, § 2-143)
(F) Bargaining agents.
(1) The International Fire Fighters Association shall be recognized by the city as the sole and exclusive bargaining agent for all of the members of the Fire Department, unless and until recognition of that labor organization is withdrawn by vote of a majority of the firefighters.
(2) The Fraternal Order of Police shall be recognized by the city as the sole and exclusive bargaining agent for all of the members of the city Police Department, unless and until recognition of that labor organization is withdrawn by vote of a majority of the police officers.
(1987 Code, § 2-144)
(G) Notice to bargain in good faith; duration of agreement. It shall be the obligation of the city, acting through its corporate authorities, to initiate the bargaining process in good faith with the bargaining agent within ten days after receipt of written notice from that bargaining agent of the request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreement resulting from negotiations to be reduced to a written contract, provided that no such contract shall exceed the term of three years on the issues of working conditions and to allow multiple year contracts with regard to salaries and wages.
(1987 Code, § 2-145)
(H) Arbitration. In the event that the bargaining agent and the corporate authorities are unable to reach an agreement on a contract, any and all unresolved issues shall be submitted to arbitration. The arbitration process shall begin no later than April 3 and must be terminated no later than the following May 31.
(1987 Code, § 2-146)
(I) American Arbitration Association (AAA). The party invoking arbitration shall, within five working days after invoking arbitration, request the American Arbitration Association (AAA) to submit simultaneously to both parties an identical list of seven names of persons chosen from the labor panel. Each party shall cross off any names objected to, number the remaining names indicating the order of preference, and return the list to the AAA. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of the arbitrator to serve. If the parties fail to agree upon any of the persons named or if those named decline to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall submit a second and, if necessary, third list. If the appointment cannot be made from these lists, the AAA shall make the appointment from other members of the panel without the submission of any additional lists. The parties, by written mutual agreement, may submit more than one issue to the same arbitrator.
(1987 Code, § 2-147)
(J) Decision of arbitrator. The arbitrator may not amend, modify, nullify, or ignore the provisions of this agreement. The arbitrator shall only consider and make a decision with respect to the specific issue(s) of contract interpretation or application appealed to arbitration and shall have no authority to make a decision on any issues not submitted. The arbitrator shall submit his or her written decision to the employer and to the union within 30 days following the close of hearing unless the parties agree to extension. The decision shall be based solely upon the arbitrator’s interpretation of the factors enumerated in governing ordinance. Subject to the arbitrator’s compliance with provisions of this section, the decision of the arbitrator shall be final and binding.
(1987 Code, § 2-148)
(K) Hearing; factors considered. The arbitrator shall conduct the hearings and render a decision upon the basis of a prompt, peaceful, and just settlement of wages or hour disputes between the members of police officers or the firefighters and the city. The factors, among others, to be given weight by the arbitrator in arriving at a decision may include:
(1) Comparison of the wage rates or hourly conditions of employment of the Police Department or the Fire Department in question with prevailing wage rates or hourly conditions of employment in the local operating area;
(2) Comparison of the wages or hourly conditions of employment of the Police Department or Fire Department in question with wage rates or hourly conditions of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same or similar working conditions in the local operating area involving third class cities of comparable size in the state;
(3) Interest and welfare of the public;
(4) Comparison of peculiarities of employment in regard to other trades or professions, specifically:
(a) Hazards of employment;
(b) Physical qualifications;
(c) Educational qualifications;
(d) Mental qualifications; and
(e) Job training and skills.
(5) Any other factor that the arbitrator may consider relevant to the determination of a just and fair settlement.
(1987 Code, § 2-149)
(L) Arbitration expenses. The expenses of the arbitrator shall be borne by the party whose position is not sustained by the arbitrator. The arbitrator, in the event of a decision not wholly sustaining the position of either party, shall determine the appropriate allocation of expenses. Each party shall be responsible for compensating its own repre-sentatives and witnesses. The cost of a transcription shall be shared if the necessity of a transcript is mutually agreed upon between the parties.
(1987 Code, § 2-150)
(M) Duration of agreements. Any agreements actually negotiated between the bargaining agent and the corporate authorities either before, or within 30 days after arbitration, shall constitute the collective bargaining contract governing sworn police officers and firefighters and the city for the period stated therein, provided that such a period shall not exceed three years, except salary issues which are determined on an annual basis.
(1987 Code, § 2-151)
(N) Written notice required. Whenever wages, rates of pay, or any other matters requiring the appropriation of money by the city are included as matters of collective bargaining conducted under the provisions of this section, it is the obligation of the bargaining agent to serve written notice of request for collective bargaining on the corporate authorities at least 120 days before the last day on which money can be appropriated, the same being the last Monday of each August, subject to amendment of the state code, of each year hereafter, by the city to cover the contract period which is the subject of the collective bargaining procedure.
(1987 Code, § 2-152)
(O) Benefits preserved. All benefits currently enjoyed by sworn police officers and firefighters shall be preserved. These benefits include but are not limited to:
(1) Longevity pay of 1% per year from years two through 20;
(2) Longevity pay of $1,000 each year for years 21 and beyond, this longevity stipend being a flat amount which does not accumulate;
(3) Health incentive in the amount of $50 per quarter (police officers only);
(4) Pay differential for increase in rank;
(5) Retention of service pistol at retirement (police officers only);
(6) All benefits incurred by the police and firefighters personnel policy; and
(7) Health insurance.
(1987 Code, § 2-153)
(Ord. 27, 1990, passed 10-22-1990; Am. Ord. 11, 1994, passed 6-27-1994)