(a) Except for emergencies involving the public health, welfare and safety, and except as provided below, the City shall not subcontract any work or services being performed by the employees of the City.
(b) Where the City proposes subcontracting because of excessive cost, the following procedures shall be used:
1. Prior to any subcontracting of work or services, the City shall notify the Union, in writing, of the proposed subcontracting using the subcontracting form indicating all the work to be subcontracted, the proposed start and completion dates, and the reasons for the excessive cost.
2. Subcontracting agreed to by the Union and not started within forty-five (45) calendar days of the projected start date shall be resubmitted to the Union using a new subcontracting form with a new start date and a new completion date, if applicable.
3. Where formal bids are solicited, copies of bid specifications shall be furnished to the Union at the time the bids are solicited. No bid on the work from the Union is intended.
4. The Union and the City will be permitted fourteen (14) calendar days to agree to any work rule or other changes which will make performance of the work with City employees competitive. If this results in the City being able to perform work with City employees at competitive cost, the work shall not be subcontracted. In determining competitive cost, all cost aspects shall be considered. The work to be subcontracted must be performed at the appropriate prevailing wage rates as required by applicable statutes.
5. If the City of Toledo and the Union cannot agree on subcontracting of the work, it shall be submitted to binding arbitration for resolution of the question as to whether the work can be done by the City employees without excessive cost. Either party may request expedited arbitration, however the moving party shall bear the expense of the arbitrator. A decision by the Arbitrator shall be rendered within thirty (30) days of the request for expedited arbitration or the work may be subcontracted. No employee will be laid off as a direct result of such subcontracting.
6. The parties agree that subcontracting will not occur within a classification in a division where a vacancy exists within that classification, except by mutual agreement between the City and the Union.
(c) Where subcontracting of work or services being performed by City employees is proposed for the reasons other than emergencies or excessive cost as specified below, the subcontracting form shall be used to evidence notification to the Union and discussion of the issues raised and the procedures below shall be followed:
(1) In cases in which the work or services being performed by City employees is actually performed only in another division or division(s), then the division head of the division principally responsible for such work or services shall be contacted by the primary division to determine if the work proposed for subcontracting may be performed by the employees there. The division head shall base his/her decision on the availability of the appropriate employees and equipment in his/her division, the mission and priorities of the division, and the capability of the division's employees to fully perform the work in a timely and competent manner. The primary division head or the secondary division head shall advise the Union in writing of the secondary division head's determination. The Subcontracting Committee shall be required to review the division’s decision provided that the Union submits a demand for review within three (3) work days of receipt of the division’s decision.
(2) Additionally, when coordination of a project involving three (3) or more divisions is necessary, the Subcontracting Committee may be called upon for assistance.
(3) The Subcontracting Committee shall be comprised of six (6) members, three (3) from the City and three (3) from the Union. The Committee will consist of two (2) Local 7 members, one (1) Local 2058 member and one (1) Human Resources designee, one (1) Affirmative Action designee and one (1) from Finance. The Subcontracting Committee must meet and act upon review request(s) within seven (7) calendar days. Issues brought before the Committee shall be for advisory review only and shall not be subject to further review or appeal.