title
ARBITRATOR DECISION IN FRATERNAL ORDER OF POLICE, GATOR LODGE 67 v. CITY OF GAINESVILLE (B)
recommendation
The City Commission authorize the City Attorney and/or special counsel to file a Motion to Vacate Award.
explanation
On October 8, 2007, the City Attorney recommended to the City Commission that it authorize the City Attorney to file and proceed with a Motion to Vacate the Award in Fraternal Order of Police, Gator Lodge 67 v. City of Gainesville. In that case, the arbitrator found that the Fraternal Order of Police (FOP) Collective Bargaining Agreement provided that if a holiday fell on an employee's regularly scheduled work day, that employee was entitled to holiday pay regardless of whether the City needed that employee to work. The arbitrator's decision cannot be reconciled with the contract as a whole, and the clear and unequivocal language of the holiday and overtime articles. Additionally, the arbitrator's decision has immediate and significant consequences for the City. If the City does not have the right to schedule its employees and the decision is solely up to employees, then the City has no control over the level of service it offers and no control over its budget. The arbitrator's decision is in derogation of the statutory rights given public employers because of their special responsibilities to the public.
At the October 8, 2007 City Commission meeting, Jeff McAdams, on behalf of the FOP, represented that he would be willing to engage in settlement negotiations with the City regarding the arbitrator's decision. Since the City had until mid-December to file a Motion to Vacate in Circuit Court, the City Commission tabled the matter in order for settlement negotiations to occur between the FOP and the City.
As of the date of submission of this Agenda Item, the City has engaged in two bargaining sessions with the FOP in an attempt to settle this matter. On November 13, 2007, the City made its final offer to the FOP. ...
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