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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