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<br />CITY OF NORTH OLMSTED
<br />ORDINANCE NO. 2005 - 23
<br />BY: Mayor Musial
<br />AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO
<br />AN EMPLOYEE TRANSITION AGREEMENT WITH THE
<br />AMERICAN FEDERATION OF STATE, COUNTYAND MUNICIPAL
<br />EMPLOYEES, OHIO COUNCIL 8 AND LOCAL 3517 ( "AFSCME')
<br />AND THE GREATER CLEVELAND REGIONAL TRANSIT
<br />AUTHORITY ( "GCRTA'), PROVIDING FOR THE SETTLEMENT
<br />OF NORTH OLMSTED EMPLOYEE CLAIMS ARISING OUT OF
<br />THE CITY'S ACQUISITION AGREEMENT WITH GCRTA, AND
<br />DECLARING AN EMERGENCY.
<br />WHEREAS, the City of North Olmsted ( "City ") and the Greater Cleveland
<br />Regional Transit Authority ( "GCRTA ") have engaged in negotiations since September
<br />2004 which have led to an Agreement providing for GCRTA to acquire the City's bus
<br />line ( "NOMBL ") effective on March 20, 2005; and
<br />WHEREAS, said Acquisition Agreement, amongst other things, provides for all
<br />North Olmsted union transit employees to be guaranteed employment at GCRTA with the
<br />same pay and seniority the employees earned while employed by the City; and
<br />WHEREAS, AFSCME has, at the same time, entered into separate negotiations
<br />with GCRTA which have led to a certain Employee Protection Agreement that provides
<br />for the merger of the AFSCME bargaining unit into a bargaining unit of GCRTA
<br />employees represented by the Amalgamated Transit Union, Local 268 ( "ATU'); and
<br />WHEREAS, despite the good faith negotiation efforts of the City and AFSCME,
<br />GCRTA has refused to agree to pay North Olmsted employees, upon transferring to
<br />employment with GCRTA, the same level of benefits which the City provided to said
<br />employees while they were employed by the City; and
<br />WHEREA, as a result, some North Olmsted transit employees, upon transfer to
<br />GCRTA, will experience a diminution in benefits negotiated by the City and AFSCME in
<br />the parties' collective bargaining agreement that, but for the transfer of NOMBL
<br />operations to GCRTA, would not have expired until July 31, 2006; and
<br />WHEREAS, AFSCME, on behalf of said employees, has presented a claim to the
<br />City for compensation for said employees, contending that the City has a duty, under the
<br />parties' collective bargaining agreement, to protect such employees, until July 31, 2006,
<br />from any diminution in negotiated benefits upon transfer of the City's bus line to
<br />GCRTA; and
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