(a) If an employee organization is unwilling to accept recommendations made to Council by the Employee Relations Committee, it may so advise the Mayor and Council, in writing, of its objections to such recommendations and request fact-finding. Council shall, at the next regular scheduled meeting, designate one person as the City member of the Fact-Finding Authority and shall advise the objecting employee organization of the name of such member. The objecting party shall, within five days, designate one person as the employee member of the Authority and shall advise the Mayor and the President of Council, in writing, of the name of such member. The two designated members shall meet within five days of their designation and shall attempt to agree upon an impartial third person as Chairman of the Authority. They shall thereupon jointly serve, in writing, upon the Mayor, Council and the objecting party, the name of the Chairman so selected. If they are unable to agree upon an impartial Chairman, they shall jointly or separately request a panel of five names from the American Arbitration Association. The representatives of the City and of the objecting employee organization involved shall alternately strike names from the list until one name remains. The remaining name shall be the Chairman of the Authority. Council shall, by ordinance, provide for the payment of one-half of the compensation and reimbursement for expenses as may be appropriate under the circumstances for members of the Authority. The objecting employee organization shall provide for, and secure the payment of, the other half.
(b) The Chairman shall convene the Authority as soon after his or her appointment as possible. Thereafter, a representative of the City and a representative of the objecting employee organization involved shall submit his or her respective positions to the Authority for its review and recommendations. The Authority shall, within fifteen days, issue, in writing, a fact-finding report. Such report shall be served upon the Committee, the employee organization involved, the Mayor and the President of Council. As soon after the receipt of such report as possible, the Committee and the objecting employee organization shall meet again and seek to reach an agreement. If a subsequent agreement is reached, it will be submitted to Council as a joint recommendation for appropriate action. If an agreement is not reached within fifteen days of the issuance of the report, unless the parties mutually agree to extend the fifteen-day period, the report shall be submitted by the President of Council, together with the respective positions of the City and the objecting employee organization involved, to Council for its final decision.
(Ord. 83-9. Passed 3-7-83.)
(c) "Employee organization," as used in this section, means any lawful association, fraternal order, labor organization, federation, council or brotherhood having as its primary purpose the improvement of working conditions of public employees. The term does not include any organization which:
(1) Discriminates with regard to the terms and conditions of membership because of race, color, creed or national origin; and
(2) In the opinion of Council, is so subject to corrupt influences or influences opposed to basic democratic principles that recognition would be inconsistent with the objectives of this chapter.
(d) To be recognized as an employee organization with the right to represent Municipal employees in the manner prescribed in this chapter, any such organization shall be prepared to establish, to the satisfaction of the City, that it represents a majority of employees in an employment unit in the City, the appropriateness of which unit has been determined by the City.
(Ord. 76-62. Passed 11-1-76.)