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
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