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<br />CITY OF NORTH OLMSTED
<br />RESOLUTION NO. 2005 - 88
<br />By: Mayor O'Grady
<br />A RESOLUTION AUTHORIZING THE DIRECTOR OF LAW TO TAKE
<br />APPROPRIATE LEGAL ACTION, INCLUDING PREPARING, FILING AND
<br />PROSECUTING MOTIONS TO VACATE IN CUYAHOGA COUNTY COMMON
<br />PLEAS COURT, FOR THE PURPOSE OF SEEKING TO VACATE AND /OR
<br />MODIFY THE FOLLOWING LABOR ARBITRATIONAWARDS: (1) NORTH
<br />OLMSTED FIRE FIGHTERS, IAFF LOCAL 1267, AFL/CIO AND CITY OF
<br />NORTH OLMSTED, OHIO, FMCS CASE NO. 040702 - 55936 -8, DECIDED
<br />FEBRUARY 28, 2005; AND (2) CITY OF NORTH OLMSTED AND
<br />INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1267, FMCS
<br />CASE NO. 04- 44931, DECIDED ON MAY 5, 2005, AND DECLARING AN
<br />EMERGENCY.
<br />WHEREAS, this Council in 2004 authorized the hiring of outside labor counsel for, inter
<br />alia, the purpose of representing the City at a series of labor arbitrations initiated by the IAFF, Local
<br />1267, and relating to the City's management rights over the North Olmsted Fire Department; and
<br />WHEREAS, two of the said arbitrations, to wit: North Olmsted Fire Fighters, IAFF Local
<br />1267, AFL /CIO and City of North Olmsted, Ohio, FMCS Case No 040702 - 55936 -8, decided
<br />February 28, 2005, and City of North Olmsted and International Association of Fire Fighters, Local
<br />1267, FMCS Case No. 04- 44931, decided May 5, 2005, have concluded with awards against the City
<br />of North Olmsted; and
<br />WHEREAS, the Director of Law, after consultation with outside labor counsel and with the
<br />Mayor, and research and review, has recommended that the City file Motions in Cuyahoga County
<br />Common Pleas Court to Vacate and /or Modify each of the two adverse arbitration awards; and
<br />WHEREAS, Article V, Section 2 of the Charter provides for this Council to authorize the
<br />Director of Law to prosecute actions on behalf of the City; and
<br />WHEREAS, it is the desire of this Council, accordingly, to authorize the Director of Law to
<br />prepare, file and prosecute Motions in the Cuyahoga County Common Pleas Court to Vacate and/or
<br />Modify the said adverse arbitration awards, and to take such other and further appropriate legal
<br />action, including further appeals, to vacate and/or modify said arbitration awards;
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
<br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO:
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