R2023-137 Resolution Authorizing Pay and Benefits I.A.F.F. Local 505, Fire Association

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Section 11. The affected employee shall have the right to be present at any of the hearings provided for herein if such employee so chooses. Section 12. If a request for arbitration is made as provided in Section 7 hereof and the parties are unable to mutually agree upon an arbitrator within 10 business days thereof, then FMCS must be so notified in writing, and asked to submit a panel of arbitrators as therein provided, within 45 business days of the date said request for arbitration was received by the City Manager's Office. Upon the receipt of said panel, the union must within seven (7) business days thereof notify the City that it is willing to meet or otherwise confer with the City within 14 business days of said notice for the purpose of selecting an arbitrator. The City shall meet with the Union within said 14 business days. For the purposes hereof, notice shall be considered served on the date of mailing. If such notices are not served within the time limits provided herein, no arbitrator shall have authority or jurisdiction to decide the matter and the same will be deemed settled on the basis of the City's last response. The time limits established herein may be extended by mutual agreement, in writing, of the parties. ARTICLE 19 INTERRUPTION OF DUTY During the term of this agreement, there shall be no strikes, slow downs, unauthorized absenteeism or interruption of duty or other interference with the efficient operation of the fire fighting service and the operation of the Fire Department of the City. ARTICLE 20 CITY AUTHORITY Section 1. Nothing in this Agreement shall be construed as delegating to others the authority vested by law in the corporate authority of the city and its duly elected or appointed officers or in any way abridging or reducing such authority or infringing upon the responsibility thereof to the people of the city; provided that, nothing in this Article shall be construed as abridging or limiting in any manner the jurisdiction or authority of any arbitrator appointed or otherwise selected for any purpose under the provision of Article 18 hereof or the Illinois Public Labor Relations Act, and all decisions of such arbitrator shall be fully binding upon the City, as provided by law. Section 2. Unless otherwise limited by this Agreement, and the Illinois Public Labor Relations Act, Section 1604, the City retains all management rights and powers granted it by law. Said rights and powers are subject to the terms and conditions of this Agreement and are by way of example but are not limited to the following: The right to operate and manage all manpower, facilities and equipment; to deliver fire protection, fire prevention and emergency medical services to the citizens of Decatur; the right to establish functions; the right to establish and modify the organizational structure; the right to select, direct and determine the number of personnel and the right to establish work schedules. This Agreement shall be construed however as requiring the employer to follow the provisions of this Agreement in the exercise of the foregoing rights. 34