§ 35.039. RESOLUTION OF IMPASSES.

(A)

If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, an impasse shall be deemed to have occurred when one of the parties so declares in writing to the other party and to the Public Employees Relations Commission. Where an impasse occurs, the public employer, or the bargaining agent, or both parties acting jointly, may appoint or secure the appointment of a mediator to assist in the resolution of the impasse.

(B)

If no mediator is appointed, or upon the request of either party, the Commission shall:

(1)

Appoint a special master and submit all unresolved issues to a special master acceptable to both parties. If the parties are unable to agree on the appointment of a special master, the Commission shall appoint, in its discretion, a qualified special master. However, nothing in this Section shall preclude the parties from using the services of a mediator at any time during the conduct of collective bargaining.

(a)

When both parties agree in writing to waive the appointment of a special master when an impasse in collective bargaining negotiations occur, the parties may proceed directly to resolution of the impasse by the legislative body.

(2)

The special master shall hold hearings in order to define the areas of dispute, to determine facts relating to the dispute, and to render a decision on any and all unresolved contract issues. The hearings shall be held at times, dates, and places to be established by the special master in accordance with rules promulgated by the Commission. The special master shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on his own behalf. Within fifteen (15) calendar days after the close of the final hearing, the special master shall transmit his recommended decision to the Commission and to the representatives of both parties, by Registered mail, return receipt requested. The recommended decision shall be discussed by the parties and each special master recommendation shall be deemed approved by both parties unless specifically rejected by either party by written notice, filed with the Commission within twenty (20) calendar days after the date the party received the special master's recommended decision. The written notice shall include a statement of the cause for each rejection and shall be served upon the other party.

(3)

In the event that either the public employer or the employee organization does not accept, in whole or in part, the recommended decision of the special master:

(a)

The chief executive officer of the governmental entity involved shall, within ten (10) days after rejection of a recommendation of the special master, submit to the legislative body of the governmental entity involved a copy of the findings of fact and recommended decision of the special master, together with the chief executive officer's recommendations for settling the disputed impasse issues. The chief executive officer shall also transmit his recommendations to the employee organization.

(b)

The employee organization shall submit its recommendations for settling the disputed impasse issues to the legislative body and to the chief executive officer.

(c)

The legislative body or a duly authorized Committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the rejected recommendations of the special master.

(d)

Thereafter, the legislative body shall take any action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues.

(e)

Following the resolution of the disputed impasse issues by the legislative body, the parties shall reduce to writing an agreement which includes those issues agreed to by the parties and those disputed impasse issues resolved by the legislative body action taken pursuant to subsection (B)(3)(d) of this Section. The agreement shall be signed by the chief executive officer and the bargaining agent and shall be submitted to the public employer and to the public employees who are members of the bargaining unit for ratification. If the agreement is not ratified by all parties, pursuant to the provisions of Section 35.037, the legislative body action taken pursuant to the provisions of subsection (B)(3)(d) of this Section shall take effect as of the date of the legislative body action for the remainder of the first fiscal year which was the subject of negotiations. However, the legislative body action shall not take effect with respect to those disputed impasse issues which establish the language of contractual provisions which could have no effect in the absence of a ratified agreement, including, but not limited to, preambles, recognition clauses, and duration clauses.

(Code 1980, § 20-12; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 70-79, passed 10/8/79; Am. Ord. No. 66-80, passed 11/25/80; Am. Ord. No. 3-89, passed 1/24/89)