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Impasse Procedures

Impasse Procedures. When All Else Fails…. Iowa Professional Fire Fighters University of Iowa Labor Center. Chapter 20 Impasse Procedures. Replaces the right to strike. Intended to be a fair way of resolving bargaining disputes, based on facts and public interest. Two-step process

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Impasse Procedures

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  1. Impasse Procedures When All Else Fails… Iowa Professional Fire Fighters University of Iowa Labor Center

  2. Chapter 20 Impasse Procedures • Replaces the right to strike. • Intended to be a fair way of resolving bargaining disputes, based on facts and public interest. • Two-step process • Fact-finding • Arbitration • Overall standard is, “Whose position is most reasonable?”

  3. ESP Strategy • There is some “magic number” that the arbitrator will be think is a reasonable pay increase. If we had ESP we would always win at arbitration, by adopting this bargaining plan. • Make an initial offer that leaves you some room to move. Wait to see what management does. • If you are closer to that number, stop. If management moves enough to get closer, you have to move again. • Whoever is closer when the moving stops, wins.

  4. Without ESP • System is designed to force parties to settle, by punishing the party that is most unreasonable. • If you don’t have ESP the best way to win is to adopt a position that you believe a neutral will think is “reasonable”, based on the research and information that you have gathered. • The process pushes parties toward the middle. • Each year more than 95% of all Iowa public sector contracts are settled voluntarily.

  5. Should Be Last Resort • If you are in an impasse hearing, it means that at least one party is misinformed or unreasonable. • You are putting your fate in the hands of a third-party who knows nothing about you and won’t have to live with the result.

  6. Who decides these cases? • Lawyers • Professors • Retired management and (a very few) retired union reps • Retired judges Good for us?

  7. How are they picked? • List from PERB • Take turns removing one name • Least objectionable person is selected Problems?

  8. Fact-Finding • Neutral person, selected (and paid) by parties from PERB list • Holds “hearing”, considers information submitted by parties • Issues written decision • Makes recommendation on each issue (topic of bargaining) • Can select union or management position or (usually) something in between • Is not binding unless accepted by both parties • Can be waived if both parties agree

  9. Arbitration Neutral person, selected (and paid) by parties from PERB list Holds “hearing”, considers information submitted by parties Issues written decision Makes decision on each issue (topic of bargaining) Can only select union or management position or fact-finder’s recommendation (if there was one) Is final and binding on both parties No appeal process, unless does not comply with law

  10. Tactical Differences? Fact-finding: • Danger in being too reasonable. • Good way to test new ideas. • Useful if your own team is unreasonable. Arbitration: • Danger in being too unreasonable. • Bad place to try new ideas. • Useful if other side is being unreasonable.

  11. Arbitration Hearing • Final Offer Arbitration • Arbitrator selects the most reasonable proposal • Issue by Issue (each topic)

  12. Criteria for Arbitrators Section 20.22(9) • Bargaining history • Comparability • Public interest • Ability to pay • Other relevant factors

  13. 1. Bargaining History • Past collective bargaining contracts between the parties including the bargaining that led up to such contracts. • Examples?

  14. 2. Comparability • Comparison of wages, hours and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and classifications involved.

  15. Comparability Group • Other cities that are comparable (similar) to yours. • What makes an employer comparable? • Does your city have any “peculiar factors”? • How about your co-workers? Are they peculiar?

  16. Comparability • Internal v. External

  17. 3. Public Interest • The interests and welfare of the public, the ability of the public employer to finance economic adjustments and the effect of such adjustments on the normal standard of services. • Examples?

  18. 4. Ability to Pay • The power of the public employer to levy taxes and appropriate funds for the conduct of its operations.

  19. 5. Other relevant factors? • Anything you want to try…

  20. Final Offers • Your final offer can’t be more “reasonable” than what you have offered at the table. • Example: The last time the parties met, the city offered a 2.5% increase. The union offered to accept a 4.0% increase. • The city’s final offer can’t be more than 2.5%, but could be less. The union’s final offer can’t be less than 4.0% but could be more.

  21. Final Offers • Language proposals can’t be something that the other side hasn’t seen previously. • However, you can make a nearly last minute offer in “bargaining” and then make the same offer as your “final offer”.

  22. Arbitration Hearing • Not much statutory detail. • Helps to have agreed upon procedure. • Exhibits • Witnesses • Order of proof, etc.

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