2014/05/21 Council Agenda Packet

1 $ 15 ARBITRATION AGREEMENT This Agreement is entered to resolve a dispute concerning implementation of one aspect of the Interest Arbitration Award issued on December 18,2013. The Award determines numerous contract components for implementation in the parties'2012-14 collective bargaining agreement("the new CBA"). One implementation issue remains. The parties desire to utilize a special arbitration for determination of the remaining implementation issue. The resulting arbitration decision will enable final completion of the new CBA. A, Arbitration Procedures 1. The arbitrator will be selected via the selection procedures of step 5 of the new CBA,namely, from a nine-member FMCS panel. This will be accomplished expeditiously. 2. The decision will be final and binding. Each side will pay for one-half of the arbitrator's fees and expenses and for its representation. 3. It shall be deemed that neither party has the burden of proof. 4. The first party to present its case-in-chief will be chosen by coin toss at the outset of the hearing. B. New CBA Language in Issue 1. The remaining issue concerns what language should be included in the second sentence of the second paragraph of 1.A and 2.A of Article 12 of the new CBA("the second sentence")regarding the payment of health insurance premiums of employees and dependents who elect the Group Health plan. 2. Local 46's proposed version of said second sentence is as follows: If the employee elects to be covered by the Group Health program,the employee will be required to pay the same amount as the Everett Police Officers pay under the terms of their 2011-2013 collective bargaining agreement. 3. The City's proposed version of said second sentence is as follows: If the employee elects the Group Health program,the employee will be required to pay the same amount as the Everett Police Officers under terms of their collective bargaining agreement. 21 2 06107-0158/LEGAL120139553.1 - 1 -