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<br />CITY OF NORTH OLMSTED
<br />RESOLUTION NO. 2006 - 175
<br />By: Mayor O'Grady
<br />.r•
<br />A RESOL UTION A UTHORIZING THE DIRECTOR OF LA W TO TAKE
<br />APPROPRIATE LEGAL ACTION, INCLUDING PREPARING, FILING AND
<br />PROSECUTING A MOTION IN CUYAHOGA COUNTY COMMON PLEAS
<br />COURT, FOR THE PURPOSE OF SEEKING TO VACATE AND/OR MODIFY
<br />THE FOLLOWING LABOR ARBITRATION AWARD: NORTH OLMSTED
<br />FIRE FIGHTERS, IAFF LOCAL 1267, AFL/CIO AND CITY OF NORTH
<br />OLMSTED, OHIO, FMCS CASE NO. 040630-5932-8, DECIDED BY
<br />ARBITRATOR CARRIE DONALD JULY 30, 2006, 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,
<br />Local 1267, and relating to the City's management rights over the North Olmsted Fire
<br />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,
<br />Local 1267, FMCS Case No. 04-44931, decided May 5, 2005, have concluded with awards
<br />against the City of North Olmsted; and
<br />WHEREAS, the aforesaid Applications to Vacate or Modify the Arbitration Awards issued
<br />by Arbitrators Steven Hayford and Jonathan Klein, respectively, were commenced by the City,
<br />pursuant to authorization of City Council in Resolution No. 2005-88, as Cuyahoga County
<br />Common Pleas Court Case Nos. 05-CV-563879 and 05-CV-567299, respectively, which were
<br />consolidated for hearing before Judge John D. Sutula and remain pending; and
<br />WHEREAS, a third arbitration in the aforesaid series relating to the City's management
<br />rights over the North Olmsted Fire Department, to wit: North Olmsted Fire Fighters, IAFF Local
<br />1267, AFL/CIO and City of North Olmsted, Ohio, FMCS Case No 040630-5932-8, decided July
<br />30, 2006, by Arbitrator Carrie Donald has concluded with an award against the City of North
<br />Olmsted; and
<br />WHEREAS, the Director of Law, after consultation with outside labor counsel and with
<br />the Mayor, and research and review, has recommended that the City file a Motion in Cuyahoga
<br />County Common Pleas Court to Vacate and/or Modify this 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
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