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Article IV: Meet and Confer

Section 15. Meet and Confer in Good Faith.

Pursuant to the "Meyers-Milias-Brown Act," designated representatives of the City and representatives of recognized employee organizations shall have the mutual obligation to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to freely exchange information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation.

Section 16. Initiation of Impasse Procedures.

If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:

  1. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and

  2. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.

Section 17. Impasse Procedures.

Impasse procedures are as follows:

  • If either party request to submit the dispute to mediation, a request shall be made to the State Mediation and Conciliation Service or an agreed upon alternate agency to provide mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position at any time concerning the issues.
  • If the dispute is not resolved through mediation, either party may request to submit the impasse to advisory fact finding. The parties shall prepare a fact-finding agreement which shall state the issues to be submitted to fact finder.

If either party does not request mediation or fact finding, or the parties have failed to resolve the impasse through mediation or fact finding, the dispute shall be referred to the City Council which may take such action regarding the impasse as it, in its discretion deems appropriate and in the public interest. Any legislative action by the City Council on the impasse shall be final and binding.

Section 18. Costs of Impasse Procedures.

Any costs for the services of a mediator shall be borne equally by the City and Exclusively Recognized Employee Organization.

Last updated: 9/14/2009 11:32:14 AM