Proposition B: City Charter Amendment

"Shall Section 145 be added to the City Charter to read as follows: Collective Bargaining Impasse. If the City and the International Association of Fire Fighters, Local 1044 have reached an impasse regarding the negotiation of a collective bargaining agreement, as determined by the Association through written notice to the City:

(a) The Association, after written notice to the City containing specifications of the issues in dispute, may request arbitration and, in such event, the City and the Association shall submit all issues in dispute to arbitration within 45 days of the City's receipt of the Association's written arbitration request. The arbitration ruling shall be final, binding, and enforceable against both parties.

(b) Both parties shall select one arbitrator within 15 days of the Association's original request to arbitrate and provide written notification to the other party of the name and contact information for the selected arbitrator. The selected arbitrator shall attempt to select a third (neutral) arbitrator within 10 days of their selection in order to form a three-person Arbitration Board. If the arbitrators are unable to agree on a third arbitrator, either party may request that the American Arbitration Association select the third arbitrator, according to its fair and regular procedures. The third arbitrator shall preside over the Board. Any decisions made by the Board at any stage of the arbitration process will be determined by simple majority vote of the selected arbitrators.

(c) Arbitration shall be conducted by the City and the Association pursuant to the procedures, timelines, duties, requirements, and rights as set forth in the Texas Local Government Code §§ 174.155, 174.157 - 174.162, 174.164, and 174.253, or any successor to these statutory provisions.

(d) In making its decision, the Board may consider the following:

(1) compensation and conditions of employment that prevail in comparable public sector employment in other cities;
(2) the rate of increase or decrease in the cost of living for the Abilene area is determined by the Consumer Price Index;
(3) any of the following conditions:
(A) hazards of employment,
(B) physical qualifications,
(C) educational qualifications,
(D) mental qualifications,
(E) job training,
(F) skills, and
(G) any other factors the Board determines to be relevant to the issues raised by the parties; and

(4) revenues available to the City and the impact of any arbitration ruling on the taxpayers of the City.