§ 2-20-2. Total impasse dispute procedure.

A.

Generally.

1.

Definitions. As used in this section the following terms shall have the indicated meanings:

Business day means a day other than a Saturday, Sunday or legal holiday under the laws of Tennessee.

Economic items shall be defined as items such as wages, insurance, shift differential and other items which require the expenditure of Memphis light, gas and water division (the "division") funds to an identifiable portion of any recognized unit which economic items provide to those employees direct benefits except that economic items such as pension benefits and any item excluded by the Charter of the city, or other state laws shall not be considered economic items.

Negotiations deadline means that point in time which is 60 days prior to the expiration date of a current memorandum of understanding, or, in the event of an economic reopener, 60 days prior to the ensuing contractual period.

Total impasse means that point at which each party declares its last position in economic matters to be final and each party declares such position to be unacceptable, or the parties do not reach agreement by midnight of the negotiations deadline.

2.

The final position of the division on economic items as defined in this section, shall be in writing and shall be designated as the "final offer." If the division presents its final offer more than three business days prior to the negotiations deadline, then after the division presents its final offer, the officially recognized employee organization (organization(s), herein) shall indicate in writing its acceptance of that final offer or its final position on economic items as defined in this section. This response of the organization(s) shall be made before the negotiation deadline.

3.

If the division makes its final offer to the organization(s) less than three business days before the negotiations deadline, the chief spokesperson of the organization(s) shall tentatively accept or reject the offer in writing at the same negotiation session that the final offer of the division was received. If the organization(s) rejects the final offer of the division, the organization(s) through its chief spokesperson, shall set forth in writing the final position on economic items as defined in this section of the organization(s) at the time of the rejection of the final offer of the division and during the same negotiation session that the final offer was received. If after the tentative acceptance by the organization(s) of the final offer of the division, should the employees of the organization(s) fail to ratify the final offer of the division, then the final position of the organization(s) shall be its last position at the bargaining table, before the final offer of the division had been given.

4.

Items, economic or noneconomic, mutually agreed to prior to the declaration of impasse as defined in subsection B of this section, shall be made part of any future agreement or memorandum of understanding. Non-economic items not mutually agreed to prior to the declaration of impasse as defined in subsection B of this section, will remain as stated in the previously agreed upon memorandum or agreement between the parties.

5.

At any time before the point of impasse either party (with written notice to the other party), may call for the appointment of a mediator to assist the parties in negotiating an agreement. It shall be the function of the mediator to bring the parties together to attempt to effectuate a settlement of outstanding issues. The mediator shall have no power to compel either of the parties concerning any aspect of negotiations or the agreement to be negotiated. The mediator may be selected by agreement of the parties (with each party agreeing to share equally in the costs) or by a request by either party to the Federal Mediation and Conciliation Service for the appointment of a federal mediator.

B.

Procedure after seven consecutive days. In the event a total impasse is reached and the impasse continues for seven consecutive days ("seven-day period"), the following procedures shall be followed:

1.

Each party, or any one of the parties, shall, before 5:00 p.m. on the next business day following the expiration of the seven-day period give written notice to the chairperson of the Memphis City Council, and to the other party, that a total impasse in discussions has been reached (the "impasse notice"). At the executive session or regular council meeting in the week next following the receipt of the impasse notice the chairperson of the Memphis City Council will conduct a drawing by lot to establish from the members of the Memphis City Council a three-member impasse resolution committee, (the "committee"). The first two selections will be for committee members and the third will be for the committee chairperson. At the meeting in which the chairperson of the committee is selected, each party shall deliver to the committee chairperson a notice that identifies the specific economic items which are at impasse. It is the duty of councilmembers to serve on impasse committees, if selected.

2.

The committee shall develop a combined list of impasse items which must be in accordance with the final position of the parties in subsection (A)(2) of this section on or before 5:00 p.m. on the second business day next following the committee's selection.

3.

Each party shall submit in writing to the committee the last best offer with respect to such items which each party proposed at the time of total impasse on or before the fourth business day next following receipt of the combined list of impasse items required by subsection (B)(2) of this section. The final position of each party as defined in subsection (A)(2) of this section shall be considered its last best offer for the purpose of this section. Any supporting information must also be presented at this time and all economic items must be addressed.

4.

The committee is to determine which total package constituting the last best offer on "economic items" as defined in this section of either the division or the organization(s) shall be made part of the new memorandum of understanding between the division and the organization(s). The committee may not alter the last best offer of either party.

5.

The committee shall establish its own rules and procedures and conduct such investigations and hearings as it deems appropriate but with adequate opportunity for the division and the organization(s) to present their respective positions. The committee shall adopt for recommendation to the Memphis City Council the last best offer on "economic items" as defined in this section of either the division or of the organization(s).

6.

In an expeditious manner, but in no case later than 30 days from submission of the dispute to the committee, a written report on the last best offers submitted by both parties, and a recommendation of one of the offers as the final resolution of the dispute shall be immediately provided to both parties and all members of the Memphis City Council. If, after receiving the committee's report, the council does not, at one of the next two regularly scheduled city council meetings, veto the recommendation by a majority vote of its membership, then the committee's recommendation shall be final. However, if the city council decides to take up the committee report as an agenda item, the parties shall be given at least 48 hours' notice. At the city council meeting when the committee report is to be discussed, each of the parties is to be given one hour to present a summary of the issues and their position. The council may then either accept the report of the committee or determine that the total package constituting the last best offer on "economic" items as defined in this section of the other party (the last best offer of the party not selected and recommended by the committee) shall be made part of the new memorandum of understanding between the division and the organization(s). The decision made by the city council shall become effective and the city council shall take whatever action is appropriate to implement.

7.

Once this impasse resolution procedure has been implemented by notification of the chairperson as provided for in subsection (B)(1) of this section, neither party may alter their final position as defined in subsection (A)(2) of this section. However, either party may, at any time, accept the final position total package of the other party as originally submitted to the city council. Such acceptance shall be the final understanding. Further, the parties may mutually agree upon some or all items at impasse any time before final council action. Such mutually agreed upon items will be removed from the impasse list of both parties by notification to the chairperson of the council and shall be made a part of any future agreement or memorandum of understanding.

(Code 1967, § 2-370; Code 1985, § 2-257; Ord. No. 3288, § 1, 4-5-1983; Ord. No. 4245, § 1, 3-22-1994)