HomeMy WebLinkAbout8727_� III i II i�l l
RESOLUTION NO. 8727
A RESOLUTION APPOINTING A PERMANENT PANEL OF ARBITRATORS REQUIRED BY
SECTION 8- 14(s)(3) OF THE CHARTER OF THE CITY OF PUEBLO
WHEREAS, the City Charter amendments adopted by vote of the people November 3,
1998, require that any issues which are not settled through negotiations between the City of
Pueblo and the sole and exclusive bargaining agents for the police and fire bargaining units are
to be resolved by decision of an arbitrator rather than by vote of the people; and
WHEREAS, those Charter amendments also require that the City Council establish a
panel of arbitrators from which the arbitrator is chosen to resolve a dispute; and
WHEREAS, the City Charter provides that the Council may add and remove names to the
list at any time except after an appointment has been made; and
WHEREAS, the Council finds and determines that it is in the best interests of the parties to
limit the initial panel to those labor arbitrators who are residents of Colorado and otherwise meet
the qualifications set out in the City Charter,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
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The following persons are appointed to the permanent panel of arbitrators required to be
established under section 8- 14(s)(3) of the City Charter.
BAILEY, James B. Denver
CRONIN, James J. Esq. Denver
DALY, Dan C. Esq. Aurora
DIFALCO, John P. Esq. Fort Collins
FLYNN, Thomas J. Esq. Grand Junction
MACLEAN, Harry N. Esq. Denver
RHODES, Eric Colorado Springs
SASS, John F. Esq. Golden
WINOGRAD, Daniel M. Esq. Colorado Springs
ZAMPERINI, Carol Denver
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These appointments shall become effective immediately upon final passage.
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INTRODUCED June 14, 1999
BY Robert Schilling
Councilperson
APPROVED: K r
President of the Council
ATTEST:
f .�!S WI
CITY OF PUEBLO
MEMORANDUM
TO: Dave Galli
Assistant City Manager
FROM: John Scorgie
Ass't City Attorney
OFFICE OF THE CITY ATTORNEY
DATE: June 3, 1999
RE: City Council Resolution appointing arbitrator panel for
binding arbitration of police and fire contracts
The City Charter amendments adopted by vote of the people November 3, 1998,
require that any issues which are not settled through negotiations between the City
of Pueblo and the sole and exclusive bargaining agents for the police and fire
bargaining units are to be resolved by decision of an arbitrator rather than by vote of
the people.
The amendments also require that the City Council establish a panel of
arbitrators from which the arbitrator is chosen to resolve a dispute.
Section 8- 14(s)(1) of the City Charter, as amended by vote of the people
November 3, 1998, requires that the City solicit applications from persons who
desire to be on a permanent panel of arbitrators to resolve impasses in negotiation for
the police and fire fighter bargaining units.
Qualifications for panel members are set out in Section 8- 14(s)(2) of the City
Charter, which provides:
(2) In order to be eligible to be on the permanent panel of arbitrators, a person
must be impartial and disinterested and must be qualified by experience and
training as a neutral hearing officer or arbitrator in labor /management disputes.
In order to be so qualtfied, the person must have served as a neutral hearing
officer or arbitrator in labor /management disputes for at least three (3) years and
have conducted at least five (S) hearings peryear in each of two (2) of the last
three (3) years. These hearings shall be either hearings to resolve an impasse in
collective bargaining negotiations between labor and management, disputes over
the meaning or application of collective bargaining contracts between labor and
management or discipline under a collective bargaining agreement. Any person
whose only experience is as a heating officer in any civil or career service system
shall not be qualified. Persons who are members of the National Academy of
Arbitrators or on the American Arbitration Association panel of labor arbitrators
are presumptively qualified.
In preparation for the above, we requested the American Arbitration Association
to send us a list including the naives of all Colorado labor arbitrators who are
members of the AAA labor arbitration panel.
We then drafted a letter, a copy of which is enclosed, for submission by AAA to
all of the members of the Colorado AAA labor panel with a request that they
respond.
The following persons have indicated a willingness to be placed on the panel. All
appear to meet the qualifications set out in the City Charter.
BAILEY, James B.
CRONIN, James J. Esq
DALY, Dan C. Esq.
DIFALCO, John P. Esq.
FLYNN, Thomas J. Esq.
MACLEAN, Harry N. Esq
RHODES, Eric
Denver
Denver
Aurora
Fort Collins
Grand Junction
Denver
Colorado Springs
SASS, John F. Esq. Golden
WINOGRAD, Daniel M. Esq. Colorado Springs
ZAMPERINI, Carol
Denver
The following members of the AAA Colorado labor panel did not respond to our
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request:
BETHKE, William P. Esq.
FOGEL, Walter A.
RENTFRO, William E.
SNIDER, Marshall A. Esq.
The City Council is required to create a panel of at least three arbitrators from
those qualified persons who apply. Section 8- 14(s)(3) of the City Charter provides:
(3) No later than the first negotiation session for a bargaining unit covered by
this Section the Ciy Council shall create a permanent panel of at least three (3)
arbitrators from those qualified persons who apply. Placement on the permanent
panel shall be by a vote of the City Council. Any quaked person can be added
to the permanent panel at any time by a vote of the Ciy Council. Any person on
the permanent panel may be removed by a vote of the Ciy Council unless that
person has been selected to conduct a hearing pursuant to subsection (S) of this
Section and then that person can only be removed after issuing a decision in that
dispute.
(4) Each person put on the permanent panel shall sign an oath to uphold
the terms of this Article.
The manner of selection of an arbitrator to resolve the impasse is set out in City
Charter section 8- 14(s)(5):
(S) Within three (3) days of the expiration of the 30 -day time period referred to
in Section 8- 14(r), the Ciy Clerk shall submit a list with the names of all
members of the permanent panel to the sole and exclusive bargaining agent and
the City. Within ten (10) days of receipt of this list, the sole and exclusive
bargaining agent and the Ciy shall meet and alternatively strike one (1) name
from the list until one (1) name remains (f the panel has an odd number of
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names) or two (2) names remain (af the panel has an even number of names). If
one (1) name remains that person becomes the arbitrator for that dispute. If two
(2) names remain, the President of the City Council shall select one (1) of these
two (2) names to be the arbitrator for that dispute. The President of the City
Council's selection must take place within three (3) working days of the
completion of the striking process by the sole and exclusive bargaining agent and
the City. The determination of whether the sole and exclusive bargaining agent or
the City strikes first shall be done by flip of a coin.
(6) Nothing herein shall be construed to prevent the sole and exclusive
bargaining agent and the City from agreeing to an arbitrator from the
permanent panel.
We recommend that the City Council, by Resolution, appoint all of the above
persons to the panel. Names may be added or removed by the Council at any time
except that an arbitrator once appointed cannot be removed until a decision has been
rendered.
Section 8 -14(m) of the City Charter requires that the 1999 negotiation process
for both police and fire contracts be commenced by notice served on or before June
21, with actual negotiations to commence not later than 10 days after the date of the
notice.
Section 8- 14(s)(3) of the City Charter requires that the Council establish the
panel of arbitrators not later than this first negotiation session. Although a
Resolution passed at the June 28 Council meeting would meet the deadline for
creation of the panel, it is probably advisable that the Council take this action at
their June 14 meeting.
A draft Resolution is attached.
If you have any questions on the above, please let me know.
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