(a) Except for emergency situations and except as provided in Parts (b) and (c) of this section, work schedules in effect as of November 1, 1998 for the Police Operations and ten (10) months after Fire & Rescue becomes operational shall not be changed unless the changes are mutually agreed upon by both the City and the Union. Changes in scheduled days and start times shall not be proposed unless they are reasonably calculated to enhance efficiency, effectiveness, or public service. This provision shall not be construed to prevent the City from assigning work from one shift to another.
(b) If, under this Section, work schedule changes are proposed by the City, and the Union does not mutually agree to the proposed change within ten (10) work days, then the proposal of the City may be referred to binding arbitration at the request of the Department of Human Resources utilizing the expedited procedure set forth in Section 2115.24, “Expedited Labor Arbitration Rules”. The Arbitrator shall review the proposed change to determine its reasonableness, including its impact on bargaining unit employees.
(1) In the event the Arbitrator finds that the proposed change is unreasonable, then the proposal will not be implemented.
(2) Where the proposal is found by the Arbitrator to be reasonable, it may then be implemented. When the decision is rendered in favor of the City, the Arbitrator shall have the authority to compensate for monetary losses to employees.
(c) Notwithstanding section (a) above the parties agree to review the work schedule on or before December 31, 1998. In the event the parties are unable to agree on a new schedule or continuation of the existing schedule, the manner will be referred to arbitration per (b) above.