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HomeMy WebLinkAbout1963 Amending ORD 1873 & 1915 - Repealed by 2185ORDINANCE NO./~3 AN ORDINANCE AMENDING ASHLAND ORDINANCE NO. 1873 AS AMENDED BY ORDINANCE NO. 1915, BY DELETING SECTIONS 3.04.040, 3.04.0S0, 3.04.080,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