Fowler Municipal Code Art. 4 Impasse Procedures

If the meet and confer process has reached impasse as defined in this chapter, 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:

(a) To review the position of the parties in a final effort to reach an agreement on a memorandum of understanding; and

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

(Ord. 89-6, eff. November 16, 1989)

(a) If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to 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.

(b) If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the City Council may take such action regarding the impasse as in its discretion deems appropriate for the public interest. Any legislative action by the City Council on the impasse shall be final and binding,

(Ord. 89-6, eff. November 16, 1989)

The costs for the services of a mediator utilized by the parties, and other mutually incurred costs of mediation, shall be borne equally by the City and exclusively recognized employee organization.

(Ord. 89-6, eff. November 16, 1989)