(A) In the event of an impasse, and on the request of the city or an employee organization, the parties shall request the services of a mediator from the Federal Mediation and Conciliation Service to assist the parties in resolving the dispute.
(B) If the mediator indicates to the council that the city and the employee organization are unable to reach agreement, the city and the employee organization shall each appoint a member to a fact finding board. The 2 members so appointed shall mutually agree upon the third member, who shall be disinterested in the dispute and representative of the public. If, for any reason, the public member is not appointed promptly, the third member shall be appointed through procedures established by the Federal Mediation and Conciliation Service.
(C) (1) The fact finding board shall investigate and determine the facts surrounding the dispute, and within 30 days after appointment, report its findings of fact and recommendations to the council, the City Manager and the employee organization. The board may submit majority and dissenting findings and recommendations, if appropriate.
(2) During the board's appointment and work, the city and the employee organization in the dispute shall be under an obligation to cooperate with the board and continue to negotiate for the purpose of resolving the dispute.
(D) If this dispute remains unresolved for 45 days following the submission of the board's findings and recommendations, the findings and recommendations shall be considered by the council, and upon a majority vote, the council will render a decision in the dispute at a regular meeting. The clerk of the council shall notify the employee organization of the decision in writing.
(E) The decision of the council shall be final unless within 10 days following receipt of the notice by the employee organization either the City Manager or the employee organization files a written protest with the clerk of the council. The matter shall thereupon be resolved by advisory arbitration as set forth in division (F) below; provided, however, that following receipt of the advisory arbitration award, and upon the agreement of the employee organization and vote of a majority of the council, all or part of the arbitration may be authorized as final and binding on the parties.
(F) The city and the employee organization may mutually agree upon an arbitrator, or a joint letter requesting the Federal Mediation and Conciliation Service to submit the names of 5 arbitrators, signed and mailed by the city and the employee organization. Upon receipt of the names, the city and the employee organization shall alternately cross off one name until one name remains, that person being selected as the arbitrator. A date for arbitration shall be set as soon as possible in accordance with the wishes of the city and the employee organization, and the availability of the arbitrator. Both the city and the employee organization shall share equally the expenses and fees of the arbitrator, and other expenses incident to the arbitration hearing.
(Ord. 2051, passed 11-22-77)