- The Arbitration process has begun.
Below is a list of the actions that will take place in preparation for the process.
August 28, 2009
City and Lodge agree to Arbitrator Edwin Benn as impartial member and Chairman of Dispute Resolution Board. The Lodge appointee to the Board is FOP President Mark Donahue. The City appointee to the Board is David Johnson.
Scheduling & Process
We will meet with the City and the Arbitrator.
1. A list of Disputed Issues will be filed.
2. Meet for oral discussion of Disputed Issues. (Background and Education for Arbitrator on the Issues)
3. Based upon feedback given by Arbitrator and any change in City position, the Lodge will submits its final offer on the Disputed Issues. [The Lodge will propose 4-6 weeks for all of above to occur.]
4. Parties will submit briefs in support of their final offers. [Lodge will propose 30 days for briefs to be filed.]
5. Parties will file response briefs to the other party’s brief. [Lodge will propose 2 weeks for response briefs.]
6. Mediation sessions will be scheduled with the Arbitrator. [If the foregoing schedule is followed, Mediation should occur in December. The number of mediation dates will depend on the number of Disputed Issues.]
7. At the end of Mediation, the Arbitrator will determine whether he requires further evidence on any Disputed Issue. Parties will also advise Arbitrator if they want a full hearing on issues of Wages, Health Care, Discipline or other issues.
8. If the Arbitrator does not need any additional evidence and neither party requests a hearing, the Arbitrator will take the matter under advisement.
If additional evidence is necessary and/or a full hearing is required, dates will be set. [It is expected this would occur in January 2010. If additional hearings are conducted, post hearing briefs will be prepared.]
9. We would expect an Award to issue in March or April 2010.
So when the Contract is finally presented to the City Council and voted on, we'll either be one year out or (on an outside chance of a five-year deal) two years from expiration. It sure would be nice if the FOP could point out the City's inability to negotiate in good faith from the get-go based solely on the recent "negotiations." This is ridiculous.
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