HomeMy Public PortalAbout2734-1972 - Stricken - To Provide Settlement of Dispute Concerning Wages or Rates of Pay for certain City DepartmentsORDINANCE .ijO. 2734-1972
AN ORDINANCE AMENDING AMENDED ORDINANCE NO. 2557-1971 COMMONLY
KNOWN AS AN ORDINANCE FOR AN ACT TO PROVIDE FOR SETTLEMENT OF,
DISPUTE CONCERNING WAGES OR RATES OF PAY AND OTHER TERMS AND CONDI-
TIONS OF EMPLOYMENT OF MEMBERS AND EMPLOYEES OF CERTAIN CIVIL CITY
DEPARTMENTS.
by tiJi
e :ommtin Cbun''l!t-"bf hre t'PCi tyaE oftihorid,
Indiana:
SECTION 1. This Ordinance may be cited as the Civil City
Employees Negotiation Act.
SECTION 2. The protection of the public health, safety and
welfare demands that the members.of any Civil City employees
group in the Civil City shall riot -be accorded the right to
strike or engage in any work stoppage or slowdown. This
necessary prohibition does not, however, require the denial
to such municipal employees of other well organized 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.
SECTION 3. As used in this act, the following terms shall
unless the context requires a different interpretation,
have the following messages:
A. The term "organized employees group" shall mean
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.
B. The term "corporate authorities" shall mean the
proper officials within the Civil City of Richmond,
Indiana whose duty or duties it is to establish
the wages, salaries, rates of pay, hours, work-
ing conditions and other terms and conditions of
employment of members of its various departments
and shall consist of three (3) members appointed
by the Mayor of said City.
C. The term "fact-finding panel" shall mean a panel
of five (5) persons, two (2) selected by the
"corporate authorities" of which at least one (1)
shall be a resident freeholder. Two (2) selected
by the bargaining agent of which at least one (1)
shall be a resident freeholder, the fifth member
shall be a resident freeholder of the City of
Richmond, Indiana and shall be selected by a
majority of the other four (4) members.
D. The aforementioned panel members shall not be
employees of the Civil City of Richmond, Indiana
or members of any of its departments, boards or
commissions.
SECTION 4. The bargaining agent for any department selected
by a majority of the members of the department shall be the
exclusive bargaining agent for all of the members of the
department unless and until recognition of such an organization
is withdrawn by vote of a majority of its members.
SECTION S. It shall be the obligation of the Civil City of
Richmond, Indiana, acting through its corporate authorities
to meet and bargain in good faith with the representatives
of the bargaining agent beginning One Hundred Twenty (120)
days prior to the introduction of the annual operating
budget ordinance.
SECTION 6. In the event that the bargaining agent and the
corporate authorities are unable within Sixty (60) days from
and including the date of their first meeting, to reach an
agreement on wages, salaries, hours and working conditions,
any and all unresolved issues shall be submitted to the
Fact -Finding Panel.
SECTION 7. The Fact -Finding Panel shall be selected within
five (5) days from the expiration of the sixty (60) day period
referred to in Section 6 hereof, the bargaining agent and the
corporate authorities shall each select and name two (2) fact -
finder's and shall immediately thereafter notify each other in
writing of the names and addresses of the persons so selected.
The four (4) fact -finder's so selected and named, shall,
within five (5) days from and after the expiration of the five
(5) day period hereinbefore mentioned, agree upon and select
and name a fifth fact -finder. This person shall serve as
chairman of the fact-finding panel.
SECTION 8. The Fact -Finding Panel shall, acting through its
chairman, call a hearing within five (5) days after the date
of the appointment of the chairman, and shall, acting through
its chairman, give at least seven (7) days notice in writing
to each of the other four (4) fact -finders, the bargaining
agent and the corporate authorities of the time and place of
such 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 -finder's 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 conclusion of the hearings,
the panel shall make written findings and a written recommendation
upon the issues presented, a copy of which shall be presented to
the bargaining agent and the corporate authorities at a public
meeting.
SECTION 9. The corporate authorities shall within five (5) days
after the receipt of the formal report of the Fact -Finding Panel
establish a final meeting for negotiation of the ultimate details
based upon the recommendation of the Fact -Finding Panel. Facts,
evidence, and recommendations of the Fact -Finding Panel shall be
binding upon both parties and such resolution and findings of said
Fact -Finding Panel shall be incorporated in a proposed budgetary
ordinance to be submitted by the corporate authorities before
council for the appropriation of the next following year.
• SECTION 10. 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:
A. Interest and welfare of the general public and
taxpayers.
B. Comparison of wages, rates or hourly conditions
of public employment with prevailing wage rates
or hourly conditions in private industry and
commerce for similar positions and skill levels,
together with all such other benefits as pensions,
insurance, etc.
C. Comparison of peculiarities of employment in regard
to other trades or professions, specifically:
(i) Hazards of employment.
(ii) Physical qualifications.
(iii) Educational qualifications.
(iv) Mental qualifications
(v) Job training and skills
SECTION 11. All matters which have been agreed upon by the parties;
excepting budgetary items which must be pa-sed by ordinance of the
Common Council, shall be reduced to writi:ig and shall be effective
for the period agreed upon by the parties.
PASSED by the Common Council of the City of Richmond, Indiana,
this day of 01972.
rest int, Common Council
ATTEST:
City Clerk
PRESENTED to the Mayor of the City of Richmond, Indiana, this
day of , 1972.
ity Clerk
APPROVED by me, Byron E. Klute, Mayor of the City of Richmond,
Indiana, this day of , 1972.
yor
ATTEST:
City Clerk