Loading...
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: CFrTI(lnl 1 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 SECTION 2. These appointments shall become effective immediately upon final passage. 11 IIIa 11111 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 2 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 I 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. 11