§ 19.208. Advisory arbitration  


Latest version.
  • (a) UNRESOLVED ISSUES SUBMITTED TO ADVISORY ARBITRATION.—In the event the bargaining agent and the employer, within 30 days from the date of their first meeting, are unable to reach an agreement on a contract, any and all unresolved issues shall be submitted to advisory arbitration.

    (b) ARBITRATION BOARD COMPOSITION.—Within 5 days from the expiration of the 30-day period referred to in subsection (a), the bargaining agent and the employer shall each select and name one arbitrator and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The two arbitrators selected and named shall, within 10 days from and after the expiration of the 5-day period, agree upon and select a third arbitrator, who shall be chairman. If, on the expiration of the period allowed therefor, the arbitrators are unable to agree upon the selection of a third arbitrator, the American Arbitration Association shall submit, upon request of either the bargaining agent or the employer, the names of five arbitrators. The employer and the bargaining agent shall alternatively select one name from the list until one name remains, and the remaining arbitrator shall be the chairman of the arbitration board.

    (c) HEARINGS.—The arbitration board shall, acting through its chairman, call a hearing to be held within 10 days after the date of the appointment of the chairman and shall, acting through its chairman, give at least 7 days' notice in writing to each of the other two arbitrators, the bargaining agent and the employer of the time and place of such hearing. The hearing shall be informal and the rules of evidence prevailing in judicial proceedings shall not be observed. Any and all documentary evidence and other data deemed relevant by the arbitrators may be received in evidence. The arbitrators shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination. The hearings concluded by the arbitrators shall be concluded within 20 days of the time of commencement and within 10 days after the conclusion of the hearings, the arbitrators shall make written findings and a written recommendation upon the issues presented, a copy of which shall be mailed or otherwise delivered to the bargaining agent or its designated representative and to the employer. A majority decision of the arbitrators shall be advisory only as to both parties. In its annual budget request to the city council the employer shall include such amounts as shall be sufficient to fund the provisions of the collective bargaining agreement. If less than the requested amount is appropriated, the collective bargaining agreement shall be returned to the employer and the bargaining agent for further negotiations within the framework of the amount of the funds so appropriated. The parties may agree in writing to an extension as to any of the above time periods. Upon written resolution adopted by the city council the time periods prescribed by this section may be modified to conform to the budget submission procedures.

    (d) FACTORS TO BE CONSIDERED BY THE ARBITRATION BOARD.—The arbitrators shall conduct the hearings and render their decisions upon the basis of a prompt, peaceful, and just settlement of wage, hour, and/or working conditions dispute between the bargaining agent and the employer. The factors, among others, to be given weight by the arbitrators in arriving at a decision for public employees, except policemen and firemen, shall include:

    (1) Interest and welfare of the public.

    (2) Comparison of wage rates, benefits, or hourly conditions of employment of similar skilled crafts or classifications in the general area or in comparable cities.

    (3) Comparison of peculiarities of employment in regard to other trades or professions, specifically, physical, educational and mental qualifications, and/or job training and skills.

    (4) The interest and welfare of the public and the financial ability of the unit of government to meet those costs. The factors, among others, to be given weight by the arbitrators in arriving at a decision for policemen or firemen shall include:

    (i) Comparison of wage rates or hourly conditions of employment of the employing authority in question with prevailing wage rates or hourly conditions of employment of other skilled or professional employees in the local operating area involved.

    (ii) Comparison of wage rates or hourly conditions of employment of the employing authority in question with wage rates or hourly conditions of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same or similar working conditions in the local operating area involved.

    (iii) Comparison of wage rates or hourly conditions of employment of the employing authority in question with wages rates or hourly conditions of employment of comparable employing authorities in municipalities, metropolitan governments, state, or any agencies or departments.

    (iv) Interest and welfare of the public.

    (v) Comparison of peculiarities of employment in regard to other trades or professions, specifically:

    1. Hazards of employment.

    2. Physical qualifications.

    3. Educational qualifications.

    4. Mental qualifications.

    5. Job training and skills.

    (vi) The interest and welfare of the public and the financial ability of the unit of government to meet those costs.

    (vii) The bargaining agent shall provide for the expenses of its arbitrator, and the employer shall provide for the expenses of its arbitrator. The bargaining agent and the employer shall share equally the expense of the remaining arbitrator and any other costs or expenses incurred in arbitration, including stenographic and clerical expenses.

(Ord. 71-344-133; Ord. 84-1307-754, § 23; Laws of Fla., Ch. 92-341, § 1)