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Section 450: BINDING ARBITRATION.

    (a)   Declaration of Policy. It is the policy of the City of San Leandro that strikes by its firefighters and police officers pose an imminent threat to public health and safety and should be prohibited, and that alternate methods should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.

    (b)  Prohibition Against Strikes. No City police officer or firefighter employee, employee union, association or organization shall strike, slow down, sickout or engage in such concerted economic activity against the City. Disputes unresolved by negotiations shall be resolved by the procedure set forth herein. Any such employee who fails to report for work without good cause during negotiations or who aids, abets or encourages strikes, slow downs or sickouts against the City during such time shall be subject to disciplinary action, including, but not limited to, termination from City employment, subject to the provisions of this Charter, the City's Personnel Rules and Regulations and lawful procedures.

    (c)   Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with recognized fire and police employee organizations on wages, hours, and other terms and conditions of employment, including procedures for the resolution of grievances submitted by the employee organization over the interpretation or application of any negotiated agreement, including provisions for binding arbitration of grievances. Unless and until agreement is reached through negotiations between the City and the recognized employee organization or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for those employees shall be eliminated or changed.

    (d)  Both parties shall exchange their written demands at least 180 calendar days before the expiration of the then current agreement or arbitration award. Collective negotiations shall commence at least 150 calendar days before the expiration of the then current agreement or arbitration award.

    (e)   Agreements reached between City representatives and the representatives of the recognized employee organizations shall be submitted in writing to the City Council for its approval, modification, or rejection. All phases of negotiations, mediation and arbitration including the final binding decision of the mediator/arbitrator shall be completed at least 25 calendar days before the expiration of the then current agreement or arbitration award.

    (f)   Both parties shall select and schedule a person to act as both mediator and arbitrator (hereafter “arbitrator”) at least 200 calendar days before the expiration of the then current agreement or arbitration award. If they are unable to agree upon an arbitrator, they shall select such person from a list of seven names to be provided by an impartial third-party arbitration service mutually acceptable to the parties. The parties shall provide the arbitration service with sufficient notice to insure receipt of the list at least 190 calendar days before the expiration of the then current agreement or arbitration award. If at least 180 calendar days before the expiration of the then current agreement or arbitration award the parties still cannot agree upon an arbitrator, they shall immediately alternately strike names from the list, the choice of the first strike to be determined by lot. The last remaining unstruck name shall be selected and scheduled as arbitrator.

    (g)   If 90 calendar days before the expiration of the current agreement or arbitration award no agreement can be reached, or if the City Council refuses to ratify the agreement arrived at or modifies such agreement in any manner unacceptable to the employee organization, the parties shall commence mediation.

    (h)  If no agreement between the parties has been reached within 14 calendar days after the start of mediation, the arbitrator shall thereupon commence arbitration proceedings to deal with the issues still in dispute. Each party shall put in writing its last best offer on each of the issues still in dispute within 14 calendar days after the start of arbitration proceedings, and these offers shall immediately be made public. The arbitrator shall choose one of the parties' last best offer for each such issue still in dispute and shall have no power to modify or compromise the last best offers of either party. The arbitrator shall hear the evidence presented and consider all factors relevant to the issues from the standpoint of both employer and effected employees, including the interests and welfare of the public and the financial ability of the City to meet those costs. If one of the parties fails to submit its last best offer within the above allotted time, then the arbitrator shall be obligated to make an award incorporating the terms and conditions of the last best offer made by the party that has submitted its offer within the above allotted times. The decision of the arbitrator shall be final and binding on all parties.

    (i)   The costs of mediation and arbitration, including the scheduling of the arbitrator, shall be borne equally by all parties. Mediation and arbitration hearings shall be conducted within the City and closed to the public, unless otherwise mutually agreed upon by the parties with the concurrence of the arbitrator.

    (j)   The provisions of this Section shall not be construed as making any of the provisions of Section 923 of the Labor Code of the State of California applicable to City employees. The provisions of this Section pertaining to arbitration shall be construed as an “arbitration agreement” for the purpose of making applicable to the extent not in conflict herewith the provisions of Chapter 1 (commencing with Section 1280), Title IX, Part 3 of the Code of Civil Procedure of the State of California.

    (k)  The time limits set forth above may be waived by the mutual, written agreement of the parties and the arbitrator.