HomeMy Public PortalAbout016-1991 - ORDINANCE CONCERNING FACTING FINDING FOR THE CITY OFAMENDED ORDINANCE NO. 16-1991
AN ORDINANCE CONCERNING FACTING FINDING FOR THE CITY OF RICHMOND, INDIANA.
( A ) The protection of the public health, safety, and welfare demands that the members of any
civil city employees group in the civil city shall not be accorded the right to strike or
engage in any work stoppage or slow -down. This necessary prohibition does not,
however, require the denial to municipal employees of other well -recognized rights of
labor, such as the right to organize, to be represented by a labor organization of their
choice, and the right to bargain collectively concerning wages, rates of pay, and other
terms and conditions of employment.
( B ) For the purposes of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
"CORPORATE AUTHORITIES" The proper officials within the city whose duty it is to
establish the wages, salaries, rates of pay, hours, working conditions, and other terms
and conditions of employment of members of its various departments and shall consist of
at least three members appointed by the Mayor of Richmond.
"FACT-FINDING PANEL." A panel of five persons, all of whom shall be residents of
the City, two selected by the corporate authorities, and two selected by the bargaining
agent. The fifth member shall be selected by majority vote of the other four members.
The panel members shall not be employees of the city or members of any of its
departments, boards, or commissions.
"ORGANIZED EMPLOYEES GROUP." Any department which may be established pursuant
to the law of this state and whose organized members represent a majority of the regular
employees of the department.
( C) The bargaining agent for any department selected by a majority of the members of the
department shall be exclusive bargaining agent for all of the department unless and until
recognition of the organization is withdrawn by vote of a majority of its members.
( D) It shall be the obligation of the parties to meet and bargain in good faith beginning the
First day of April prior to the year in which the Contract shall become effective.
( E) In the event that the bargaining agent and the corporate authorities are unable within 60
days from and including the date of their first meeting, to reach an agreement on wages,
salaries, hours, working conditions, any and all unresolved issues shall, upon request of
the corporate authorities or the bargaining agent, be submitted to the Fact-finding
panel.
( F) The Fact-finding Panel shall be selected within fifteen (15) days from the date of
request referred to in (E) above. The bargaining agent and the corporate authorities
shall each select and name two fact -finders and shall immediately thereafter notify each
other in writing of the names and addresses of the persons so selected. The four fact
-finders so selected and names, shall, within five days from and after the expiration of
the fifteen -day period hereinbefore mentioned, select and name a fifth person. This
person shall serve as Chairperson of the Fact-finding Panel. Reasonable fees and
necessary expenses of arbitration shall be borne equally by the bargaining agent and the
city.
( G) The Fact-finding Panel shall, acting through its Chairperson, call a hearing within five
(5) days after the date of the appointment of the Chairperson, and shall, acting through
its Chairperson, give at least seven (7) days notice in writing to each of the other four
fact -finders, the bargaining agent, and the corporate authorities of the time and place of
the hearing. The hearing shall be informal and the rules of evidence prevailing in
judicial proceedings shall not be binding. Any and all documentary evidence and other
data deemed relevant by the fact -finders may be received in evidence. The Fact-finding
Panel shall have access to all books, records, and other evidence relative or pertinent to
the issues presented to them for the purpose of determining the facts and the submitting
of recommendations. The hearing conducted by the Fact-finding Panel shall be concluded
within ten (10) days of the time of commencement, and within five (5) days after the
conclusions of the hearings, the panel shall make written findings and written
recommendations upon the issues presented, a copy of which shall be presented to the
bargaining agent and the corporate authorities at a public meeting. Any hearings held by
the Fact-finding Panel must be open at all times for the purpose of permitting members
of the public to observe and record them. Any findings and recommendations they make
are public record open to public inspection provided by any applicable statute relating
to fact-finding in connection with public collective bargaining.
( H ) The Fact-finding Panel shall conduct the hearing and render their decisions upon the
basis of a prompt, peaceful, and just settlement of wage or hour disputes between the
bargaining agent and the corporate authorities. The factors, among others, to be given
weight by the Fact-finding Panel shall include but not be limited to:
( 1 ) Interest and welfare of the general public and taxpayers:
a. The fiscal status of the City, in light of anticipated and
realized expenditures and revenues;
b. Comparison of wages, salaries, rates of pay, hours,
working conditions, and other terms and conditions of employment
among public employees of the City;
C. The City's pension fund obligations.
(2) Comparison of wages rates, or hourly conditions of public employment with
prevailing wage rates of hourly conditions in private industry and commerce for
similar positions and skill levels, together with all other benefits as pensions,
insurance, and so forth;
(3) Comparison of peculiarities of employment in regard to other trades of
professions, specifically:
a. Hazards of employment;
b. Physical qualifications;
C. Educational qualifications;
d. Mental qualifications;
e. Job training and skills.
( I ) The Corporate authorities shall, within five (5) days after the receipt of the formal
report of the Fact-finding Panel, establish final negotiation meetings with the
bargaining agent for a final effort to resolve issues. Fact, evidence, and
recommendations of the Fact-finding Panel shall then be submitted to Common Council,
which shall vote on the recommendations of the Fact-finding Panel. The
recommendations of the Fact-finding Panel shall become effective upon a majority vote
of the Common Council approving the recommendations. If Common Council does not
approve the recommendations of the Fact-finding Panel, then the recommendations are
to be re -submitted to the Fact-finding Panel and shall follow the process set forth in
Paragraph (G) above and, this paragraph, Paragraph (I), until a majority vote of
Common Council is obtained.
( J ) All matters which have been agreed upon by the parties, excepting budgetary items
which must be passed by ordinance of the Common Council, shall be reduced to writing
and shall be effective for the period agreed upon by the parties.
( K ) Section 33.05 of the Richmond City Code and all other ordinances in conflict with the
above ordinance are hereby repealed.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this L day
of W1 , 1991. a /
President of Common Council
ATTEST: Yl
City Cledl
PRESENTED by me to the Mayor of the City of Richmond, Indiana this day of 4k2--_
1991.
an
VETO FORM
AMENDED ORDINANCE NO. 16-1991
This Ordinance disapproved and vetoed by me, Frank H. Waltermann, Mayor of the City of Richmond,
Indiana, on the �- day of June,1991, at the hour of 8.o O'clock O .M.
ATTEST:
Mary Mer hantHouse, City Clerk
This Ordinance was returned by me to the Common Council of the City of Richmond, Indiana on the a
dayof��u
City Clerk
This Ordinance was reconsidered by the Common Council of the City of Richmond, Indiana on the .7 C/C-e-
day o9w, , 19 q
Press U—nt of Commbn Council
The vote of the Common Council of the City of Richmond, Indiana was to in favor of / in
opposition t verriding a veto
President of Common Council
ATTEST:
City Clerk
DISPOSITION OF ORDINANCE NO. / Co -199 I
RESOLUTION NO. -199
by Common Council
Ordinance No.
Resolution No. _
Elstro
Lundy
Brookbank
Hankinson
McBride
Parker
Morris
Paust
Hutton
Date
Susp. rules Ist read
Title only
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Move to 2nd read
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Engrossment
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Rejection
Date Passed AV— -5 'ao -17/
COMMITTEE ASSIGNMENTS:
Committee Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATE
AMENDMENTS:
COMMENTS:,