Resolution No. 6 – Amending Procedures for Work Jurisdiction Disputes

Resolution No. 6
COMMITTEE ASSIGNMENT: Constitution & By-Laws
Re: Amending Procedures for Work Jurisdiction Disputes – Adopted

1	WHEREAS, Article XIX of the IAFF
2	Constitution & By-Laws provides the procedures by
3	which disputes over work jurisdiction are resolved;
4	and
5	WHEREAS, the IAFF Executive Board adopted a
6	policy favoring mediation prior to arbitration of work
7	jurisdiction disputes at the June 2013 Executive
8	Board meeting; and
9	WHEREAS, the IAFF Executive Board hopes to
10	retain a small cadre of pro-labor, experienced
11	arbitrator(s) to regularly decide Article XIX disputes;
12	and
13	WHEREAS, numerous locals involved in Article
14	XIX work jurisdiction disputes found the role of the
15	arbitrator in work jurisdiction disputes to be
16	confusing; therefore be it
17	RESOLVED, That Article XIX, Section 3 shall be
18	retitled “Outside Arbitrator Use; Mediation” and the
19	following shall be inserted as the second paragraph
20	of that section:
21	“Prior to determining whether or not a work
22	jurisdiction dispute exists, the General
23	President may first order mediation of matters
24	between the parties, and appoint a mediator
25	from outside the district(s) involved.
26	Authorized travel and expenses for the
27	appointed mediator shall be borne by the
28	IAFF. No statements or admissions made
29	before the mediator shall be admissible before
30	the arbitrator, and the mediator shall not
31	participate in, advise, or comment on any
32	proceedings related to the dispute.”;
33	and be it further
34	RESOLVED, That the first sentence of Section 4
35	shall be replaced with the following:
36	“Upon determination that a work jurisdiction
37	dispute exists between two or more affiliates,
38	the General President shall provide a list of
39	five arbitrators from the American Arbitration
40	Association or from the Labour Minister, from
41	which the parties shall alternately strike
42	names, charging party striking first, until a
43	single arbitrator remains.”;
44	and be it further
45	RESOLVED, That Section 5 shall be retitled
46	“Deciding the Dispute; Recommending Remedies”
47	and the following sentence shall be added to the end
48	of the section:
49	“This report shall determine the facts, assign
50	fault between the parties (if appropriate), and
51	make recommendations to the Executive
52	Board on suitable remedies for the dispute.”

Submitted by: IAFF Executive Board
Cost Estimate: None

Resolution No. 6 – Amending Procedures for Work Jurisdiction Disputes

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