11/20/2009 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 10-20-2009 You never heard of the appealing a final and binding arbitration. It's final and binding. Quit compromising the safety of the residents. The Administration since Norm Musial has not wanted to work and follow through with O'Grady. Jim Dubelko, Law Director said he wants to make it very clear that the city did not spend hundreds of thousand of dollars on this litigation with the firefighters. It was done in-house as part of his salary and as part of the Assistant Law Director O'Malley's salary. No additional tax payers' dollars was spent in the appeal to Common Pleas Court or to the Court of Appeals. It would have been cheaper for the firefighters and for the city indirectly had the arbitrator ruled in the city's favor. The grievance involved was by the firefighters to prevent the city from changing polices that had been created in a secret deal between present and past fire chiefs and the union outside of negotiations. That was what the city attempted to do without any litigation. The firefighters grieved it. Unfortunately for the city, an arbitrator sided with the union. He felt very strongly that the city had an obligation to attempt to correct what was a wrong. They did it without spending any additional taxpayer's dollars. The Cleveland Arrowing case is an excellent example of where the firefighters in the city of Cleveland felt very strongly about a wrong result from an arbitrator in the instance of Arrowing and took it to appeals court which went back and forth in that instance. The contracts in all the collective bargaining agreements talk about final and binding azbitration. But, the state's statutes very clearly provide for either side who is unhappy with that arbitration result to attempt to vacate that arbitration award if either side that has lost believes that the abbitrator exceeded his authority. He thinks the city did the right thing. The city attempted to improve policies and to free up management to better manage the fire department without having to go through expensive litigation. Mr. Davis said first of all, Mr. Dubelko, you were the lead negotiator and you told the chief to negotiate that policy. You spent tax dollars -your salary and O'Malley's. He said the firefighters never appealed. They honored final and binding arbitration. Mr. Dubelko used another city as an example. He is talking about right here. Mr. Dubelko said the most important thing is that he certainly never told the chief to re-negotiate that policy. LEGISLATION Resolution 2009-105 introduced by Mayor O'Grady was given its third reading. A resolution authorizing the Mayor of the city of North Olmsted to enter into atwo-year contract with Union Eye Care Center, Inc., to provide eye care and vision services to city employees in connection with the city's self-insured health care plan. Councilman Gareau moved for adoption. The motion was seconded by Councilman Barker and passed unanimously. Resolution 2009-105 adopted. Ordinance 2009-112 introduced by Mayor O'Grady was given its third reading. An ordinance amending Section 911.18 ("Grievances and Appeals") of Chapter 911 ("Sewers Generally") of the Streets, Utilities and Public Services Code in order to clarify the city's process for resolving grievances regarding extraordinary sewer charges. Councilman Orlowski moved for adoption. The motion was seconded by Councilman Gareau and passed unanimously. Ordinance 2009-112 adopted. 9