HomeMy WebLinkAbout1963 Amending ORD 1873 & 1915 - Repealed by 2185ORDINANCE NO./~3
AN ORDINANCE AMENDING ASHLAND ORDINANCE
NO. 1873 AS AMENDED BY ORDINANCE NO. 1915,
BY DELETING SECTIONS 3.04.040, 3.04.0S0,
3.04.080, and 3.04.110 FROM THE ASHLAND
MUNICIPAL CODE; AND BY AMENDING SECTION
3·04.100; AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SEC:TION !. Ordinance No. 1373 and Chapter 3.04 of tl~c Ashland
(1~4~; are, j~t'~bl-; af'e'' '~'-~ b)' le]~=-~ Sectlens 3 O4.q4fl, 3 04.050,
and 3.04.110 from said Code·
SEC~,:!(',N 2. Ordinance No. 1873
and Section 3.0a.100 of the Ashland,
to read a~ fo].lows:
as amended by Ordinance No 191S
Municipal Code, is hereby amended
"3,0a.lO0 Arbitration In lieu of ORS 243.742 to 243.746 inclusive,
the fol'l'o'iT~L~"irg s'FffiTr apply in this City:
A. When the procedures set forth in ORS 243.712 and 243.722,
relating to medi. atSon and factfinding of a labor dispute, have x~ot
culminated in a signed agreement within fifteen (IS) days of the
receipt of the fact-finder's 'report, the City or the exclusive rep-
resentative shall petition the board in writing to initiate binding
arbitration.
B. In carrying out the arbitration procedures authorized by
sabsection "A" above, the City and the exclusive representative may
select their own arbitrator.
C. Where the parties have not selected their own arbitrat6r
within five (S) days after notification by the board that
is to DD initiated, the board shall submit to the parties a list of
five qualified disinterested persons. Each party shall alternately
strike two names from the list. The order of striking shall be deter-
mined by lot. The remaining individual shall be designated the
"arbitrator".
1. When both parties desire a panel of three arbitrators
instead of one as provided above, the board shall subn~it
to the parties a list Of seven qualified, disinterested
persons. Each party shall alternately strike two names.
from the list. The order of striking shall be determiDed
by lot. The remaining three persons shall be designated
"arbitrators".
2. When the parties have not designated the arbitrator or
arbitrators within five (5) days after receipt of the list,
the board shall appoint the arbitrator or arbitrators from
the list. However, ll one party strikes the names as pre-
scribed in this subsection "C" and the other party fails to
do so, the board shall appoint the arbitrator only from the
names remaining on the list.
D. The arbitrator or'arbitration panel shall establish a date
within twenty (20) days of notification of selection at a location
within the City of Ashland, and the board shall upon the request of
either party or the arbitrator(s), issue subpoenas. The arbitrator
or arbitration panel may administer oaths, and shall afford all parties
full opportunity to examine and cross examine all witnesses and to
present any evidence pertinent to the final offers submitte~ by the
pad'ties.
E. Each party shali submit one final offer of settlement to the
arbitrator or arbitration panel, accompanied by a statement of the
reasons for the party's position. The arbitrator or arbitration panel
shall not compromise or alter the final offer that it selects. Selec-
tion of an offer shall be based on the content of that offer and no
consideration shall be given to, nor shall any evidence be received,
concerning collective bargaining in the dispute, including offers of
settlement not contained in the offers submitted in arbitration, unless
there is agreement~by the parties to submit package proposals on
specific impasse items.
F. Not more than twenty (20) days after the conclusion of the
hearings or such further additional periods to which the parties may
agree, the arbitrator or arbitration panel shall make a selection of
the most reasonable in its judgement, of the final offers submitted,
~nd shall make written findings of fact and promulgate a written
opinion and order upon the offer selected and upon the record made,.
and shall serve such findings, opinions and order upon the parties and
upon the board. Service may be personal or by registered or certified
mail. The findings, opinion and order shall be just and reasonable and
based upon the factors prescribed in ORS 243,746(4).
G. The cost of arbitration shall be borne equally by the parties
involved in the dispute.
H. The award or decision of the arbitrator or arbitration panel
shall not be binding upon the City with respect to portions of the award
which in the reasonable judgement of the City Council, will to a material
degree prevent the City from fulfilling its function to maintain the
health, safety and general welfare of the citizens of the City of Ashland.
However, this provision shall not apply to any award affecting wages or
fringe benefits of a monetary nature."
SECTION 3. That inasmuch as this ordinance is necessary for the
immediate preservation of the public peace, health and safety of the
City of Ashland, an emergency is hereby declared to exist and this
ordinance shall be in full force and effect immediately upon its
passage by the Council and approval by the Mayor
The foregoing ordinance was first read on the 16th of Hay, 1978,
and duly PASSED and ADOPTED this ~c~ay of ~, 1978.
Nan~E. Franklin
City Recorder
SIGNED
and APPROVED
this ~Z~day of ~_, 1978.
/
Gary L.~Prickett
Mayor