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Home My Public Portal About2557-1971 - Settlement of Dispute concerning wages of certain Civil City Departments,J34ENDED ORDINANCE NO. 2557-1971. AN ORDINANCE FOR AIN ACT TO PROVIDE FOR SETTLFxfENT Oi DI.SPL:TE CONCERNI ;" WAGES OR RATES OF PAY AND OTHER T1:R?,:i5 AND CONDT'?'TOi,iS rIQ; u TPI.OY?� Ei' T OF MEMBERS AND EMPLOYEES OF CERTAIN CIVIL €; I ;EP eRT7fE ITS. BE IT ENACTED by the Common Council of the City of Richmond, 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 ,,relfa.,e 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 slowdown. This necessary prohibition does not, however, require the denial to such municipal employees of other well organized rights of labor, aac..::, a.s buc right to organize, to be represented by a labor organization of their choice and the right to bargain collective- ly concerning wages, rates of pay and other teens 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 employee's 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 em- ployees of the department.` . B. The term "corporate authorites" shall :Wean 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, working,`;..:. conditions and other terms and conditions of em- ployment of members of its various departments and shall consist of at least t�iree mir,%I;ers appointed by the Mayor of said City. C. The term "fact-finding panel.'.'. shall mean a panel•af. five (5) persons, two (2) selected by the "corporate. authorities" of which at least one (1) shall be a resident freeholder. Two (Z.);.selected by the'bar- ganing agent" of which at least one (1) shall be a resident freeholder, the f,fth member shall be.. a resident freeholder of thW"City of Richmond, Indiana.., and shall be sele�_tpd by a majority of the other four (4) members.. D. The aforementioned panel mtmb;ers .shall not be employees of the Civil. City of Richmond, Tndiara, or members of any of its dep,:'rtments, boards o� commissions. SECTION 4. The barganing agent for any department selected by.a majority of the members of the department shall be the exclusive barganing 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 5. It shall be the obligation of the Ci.Ntil City of Richmond, Indiana, acting through its corporate authorities to meet and bargafh in good faith with the representatives of the barganing agent beg: .Ln_i One Hundred Twenty (120) days prior to the introduction of the am a operating budget ordinance. Amended Ordinance No-, 2557= 197l Page 2 SECTION 6- In the f_ t,:, t ha':. $'iiF � j iGc iCi i':e Co pr crate cila'ii!rOI"`nT..G-'S c;!;"'e U�iab;e 4r`?Tn �3(CAN 3 ar3d ,nclud`ng --he da le of thee fi:`st rr2Ct rig, i G reach an age ee T?erit on Wages :a a "es , i� ii a�rd io k "'. ng :.L3[ri 7 `" 7 one, . any and al A um esu`l veT be su,bm i ted z _. 1,e e=acr i, i nd i ng Parfet SECTION 7, he Fac 4-F,nditing Pare: -,!-,a: i "3e sr, Bec-._ed w;th-M ti\'e. (5) days f. rsr the e par at -Gn of the day pe:: lod i of e-,=ed oiin Section b he.-eof, f. i•.!r e ba-. ga r r,? r L.g ag er:t and t;?e corporate :;ii$hGF-ItJes ,5ha`', each _iC .ec6: and ',aitl;e 'i:_l1 ;9%. act- f ndef, "s and 14 d Iat el'y� the, eafrer t�G i i �/ each i>Ihe?- ! n w ' Ong -of the name, and add of the pei Gras su seiFrted: !I -re fc,ur (4; fact-flnder ;o se'lected ar^,;; named, sha•!;: wit,hSri five (5) days' f-cm and aft, ht— e.xp``ratiun of the f'»'«c ;�a day�cez lod he ein before mentcned, ag'_ ee upusr rind select and tame a fifth fact fInde- _ h ,, pe 1 son s}-a, ! s e i ne as chaa; man or I -he fact -finding panel SECYTON 8.• 7-he Fact.-FindJng Panel shal,7, act,ir;g nth cugh `its cha�— man ca ti";I a hear ing w i thin f i ve (5) day!F, of te:r- t'he date of the appointment_ of the cha,i-irian, and shaj-l.. acting th;ouyh its ch.a`r,rnan, give at least seven (7) days notice -in vsting to each of the of ;ec fouls (41 fact ,f inde--s, the ba' gaining agent and the corporate authorit'es of the fume and place of -,uch heai`ng, the hearing shabe finfGrmal and the rules of evidence p ev;aili ing in judicl,a9 proceedings shall not be blnding, Any and all documenta y evidence and other) data ldeemed' re,levant by the fact finder's may: .be repa,ved in evildence,, The fact=fir?di,ng pane`! sha`', 1. have access to .all bucks; records and other eau a deuce e l a - ' tine or pertinent to the %slues pf-esented to there fur the pur' pose of determin`ng the facts and the S.uLrr�;t_ring of ; eccrrrriendat icn� • the hearing conducted by the Fact:= F nG+?ng Pane? -ha`l l be concluded within ten (110) days of the tine of ccrirrf=encernent, and within five (5) days af.teo- the ccnc`wslon of the hearings, the panel shrill mrake. -w, itten fiind�,ngs. and a written r ecurrir:'endation upon the '!soles presented, a cup4,r of which, be presented to the bai-gaining agent and the cor-por-at=e author TMies at a pub,; is meetlr, g,, SECTION 9. the ccrporrate aut±'orltles shal^i with'en f•zve (5) days after the receipt of the fur: -mall H epart- of the Fact F,nding Panel, establish final negotiation meetings wr, th the bargaining agent for a final effort to resolve the issues. Facts.t, eylidence, and recommendat ins of the Fact F�nding Parcel shali be considered as the basis of these negot i ate ^ uns but n no sense a:: e the ;w cunsuderatiuns b`rndaing on eiter patty in the dispute. SECTION i0, the Facs- Finding Panel sha ', coneuct the hearing and render their decisions upon the basis of a prompt, peaceful and just settiement of wage o,c hour disputes between the bargaunurig agent and the corporate authoi-11ties. The factors among others to be given welght by the Fact=FInding Panel shah include but, not be limited to, A. Interest and wellfare of the generai public and taxpayers B Compaq isin of wages, rates on' hourly cored ,. Lions of public emp`oyment with prevaur,ang wage .rates or hour'iy cGnditions n pr-u,Iate industry and courne:rce fo;;' 'r ': la;= pot i t,,ons and sk? l `I ievelse fegether, wt th, a', `1 -ucl-„ othea, benef?its G�, pen• ctns. insurance, etc Amended Ordinance No. 2557-1971 Page 3 Co Comparison of peculiarities of employment in regard to other tcades or professions, s;x:cifica.ily: (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 passed by ordinance of the Common Council, shall be reduced to writing and shall be effective fur the period agreed upon by the parties. PASSED he Cuomo Council of City of Richmond, Indiana, this�day A ATTEST:y A'y�er PRESENTED to the Mayor of the City of Richmond, Indiana, this day of A.A s c" ,��''� — 1971 Ity LierK APPROVED by me, Byr n E. Klute Mayor of the ity of Richmond, Indiana, this day of ! ,� 1971- ATTEST: 4tAllr y er c