(A) In the event that the city representative and the employee representative are unable to agree on the terms of a “memorandum of understanding” by February 15 of each year, then the City Council, upon petition of either party, may request mediation services as provided by the state of Oregon's Public Employee Relations Board or by some other mutually agreed upon third party. If both parties agree, mediation services may be waived and the matters in dispute submitted directly to the fact finding process or directly to the City Council for final determination after a hearing on the merits of the dispute.
(B) If both parties waive mediation, or if the City Council fails to request mediation services, or if the impasse procedure in division (A) is not successful by March 1 of each year, a three person fact finding committee shall be formed as follows:
(1) The city representative and the employee representative each shall submit names of three persons within three days.
(2) The city representative shall, within one day, remove one name from the employee representative's list; and then the employee representative shall, within one day, remove one name from the city representative's list. After each party has removed a total of two names in this alternating fashion, the remaining two names shall become members of the fact finding committee, and they shall mutually agree upon a third member who shall serve as chairperson.
(3) If after three days following their selection the two members of the fact finding committee cannot mutually agree upon the third member, they shall obtain a list of three members of the American Arbitration Association who reside in Oregon or another list as is mutually acceptable to the two members. The designate of the city representative shall have two days to remove one name, and the designate of the employee representative shall have one additional day to remove one of the two remaining names. The remaining person shall become the third member and chairperson of the fact finding committee.
(C) If the City Council and both parties agree, one of the following may be substituted in lieu of the fact finding committee:
(1) The mediator may be requested by the City Council to serve as sole fact finder.
(2) The American Arbitration Association may be requested by the City Council to provide fact finding services.
(3) The Public Employee Relations Board may be requested by the City Council to provide the city with a list of seven persons from its list of fact finders. Upon receipt of the list, the city representative shall remove one name, and then the list shall be sent to the employee representative and he shall remove one name. After each party has removed a total of two names in this alternating fashion, the remaining three names shall become the fact finding body.
(D) If both parties agree, fact finding procedures may be waived and the matters in dispute submitted directly to the City Council for final determination after a hearing on the merits of the dispute.
(E) After the fact finder has obtained enough information from the parties in the controversy, he shall then, based on the background he has on the issue and any other additional information, present a written statement of facts and his recommendations for resolving the dispute to the parties involved within 15 days after his selection.
(F) If the parties involved in the dispute are unable to reach agreement within five days of receipt of the fact finder's recommendations, the fact finder shall forward his recommendations to the City Council. The City Council shall conduct a hearing within 15 days from the date of filing the recommendations to allow the city representative or the employee representatives an opportunity to present their positions with respect to the fact finder's recommendations. Upon conclusion of the hearing, the City Council shall make a final determination.
(G) After the City Council makes the decision, the affected parties shall incorporate that decision into the “memorandum of understanding” to be submitted to the City Council for its approval.
(H) Any time limit provided in this section may be extended by mutual agreement of both parties.
(I) The expenses of mediation and fact finding shall be shared equally by the parties. The city shall furnish meeting space when requested for the proceedings.
(Ord. 867, passed 5-12-75)