(A) The following meetings shall be closed:
(1) Meetings for the discussion of collective bargaining strategy between the employer and the employer's negotiating team;
(2) Collective bargaining sessions; and
(3) Consultations and impasse resolution procedures at which the employer and/or the exclusive representative of the appropriate bargaining unit are present.
(B) The following negotiation procedures shall apply to the employer and exclusive representatives:
(1) Initial negotiations shall be opened upon written notice by either party to the other requesting that negotiating sessions be scheduled. Subsequent requests for negotiations shall be post marked no earlier than 120 days nor later than 60 days prior to the contract ending date. Failure to open negotiations as provided herein shall automatically extend the contract for 1 year. The parties may open negotiations at any time by mutual agreement.
(2) Negotiating teams will consist of a maximum of 5 persons designated by the exclusive representative and a maximum of 5 persons designated by the County Manager.
(3) All negotiations will be conducted in closed sessions. Negotiations will be held at the facilities and at a time mutually agreed upon by the negotiating teams. Negotiations will begin with the party that requested the negotiations presenting their complete proposal and changes, section by section.
(4) Following the complete presentation of both proposals the parties will identify the economic and non-economic issues. All non-economic issues must be resolved prior to negotiating economic issues.
(5) Recesses and study sessions may be called by either team. Prior to the conclusion of any negotiating sessions the reconvening time will be agreed upon. Caucuses may be taken as needed.
(6) Employees who are members of the exclusive representatives negotiating team will be released from their normal duties without pay to participate in negotiations.
(7) Tentative agreements reached during negotiations will be reduced to writing, dated, and initialed by each team spokesperson. The tentative agreements are conditional and may be withdrawn should later discussion change either team's understanding of the language as it relates to another part of the agreement.
(8) Agreement on contract negotiations is accomplished when the union president and the County Manager sign the agreement. Provisions in multi-year agreements providing for economic increases for subsequent years shall be contingent upon the governing body appropriating the funds necessary to fund the increase for the subsequent year or years. Should the governing body not appropriate sufficient funds to fund the agreed upon increase, either party may reopen negotiations.
(C) The following impasse procedure shall be followed by the employer and exclusive representatives:
(1) If the parties have not reached agreement by the contract expiration date or within 120 days of the first negotiating session on the negotiation of the first agreement, an impasse shall be considered to exist. A mediator from the Federal Mediation and Conciliation Service will be assigned by the Board to assist in the negotiations.
(2) If the impasse continues beyond a 30-day calendar period, the mediator will be released and the Board shall assign a fact-finder to the negotiations. A fact-finder will be selected by the parties from a list of individuals requested from the Federal Mediation and Conciliation Service.
(3) The fact-finder shall conduct hearings with the parties. The fact-finder shall select either the exclusive representative's total and complete last best offer or the employer's total and complete last best offer. The fact-finder may not create a compromise package. The fact-finder shall complete all work and submit a recommendation to the governing body within 45 calendar days of initial appointment.
(4) The governing body may accept, reject or modify the fact-finder's recommendation. The decision of the governing body is final and binding on both parties and shall be incorporated into the agreement along with those items that had been tentatively agreed upon by the parties.
(5) The cost for the mediator or the fact-finder shall be borne equally by the parties to the impasse.
(Ord. 1-93, passed 3-28-1994)