HomeMy WebLinkAboutAppointed Agent/Negotiator 2013 Teamster Labor NegotiationsRESOLUTION
4259 -13
Passed by the Common Council of the City of South Bend, Indiana
May 29,
Attest:
13
20
Presented by me to the Mayor of the City of South Bend, Indiana
May 30, 13
20
I
Approved and signed by me
3 M* It
City Clerk
President of Common Council
20 13
City Clerk
RESOLUTION NO. 14 2-.Sct --t 3
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON
COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE
2013 TEAMSTER LABOR NEGOTIATIONS
G *, the South Bend Common Council passed two (2) salary ordinances setting the
maximum wage amounts for all City Employees who are members of Teamsters Local Union No. 364,
as a result of the successful labor negotiations held between the City and the Union in 2010; and
G, in light of the state law deadline and the Teamsters voting and ratifying the total
package involving a 3 -year wage package on or about November 30, 2010, two (2) ordinances were
necessary, namely Ordinance No. 10044 -10 which was passed on September 30, 2010 which
established maximum Teamster salary amounts for calendar year 2011, and Ordinance No. 10067 -11
which was passed on January 10, 2011, which established maximum Teamster salary amounts for
calendar years 2012 and 2013; and
6New4 Indiana Code § 36 -4 -7 -3 provides that the compensation must be fixed "not later than
November I", which would require the Common Council to take final action on such a compensation
ordinance at its October 28, 2013 Council meeting, which is the last regular meeting before the state
law deadline; and
G%Cr, the current collective bargaining agreement which was approved by the Board of
Public Works and which established working conditions and policies between the City of South Bend
and Teamsters Local Union No. 364, expires on December 31, 2013; and
Gw4, the Common Council has been advised that the City Administration will be
introducing a Resolution for the Board of Public Works to consider at their May 28, 2013, Board
meeting, where the Board's Agent/Negotiator will be formally appointed; and
G *, this Resolution will formally appoint the South Bend Common Council's Agent and
Chief Negotiator on matters involving maximum compensation and any other monetary items which
will be the subject of the upcoming negotiations with the Negotiating Teams representing Teamsters
Local Union No. 364; and
the Common Council is mindful of past successes where a Chief Negotiator acts as the
Council's Agent in representing their interests, and would work with the Board of Public Works'
Agent and City Advisory Negotiating Team for Teamster negotiations; and provide regular updates to
the Common Council during executive sessions called for the exclusive purpose of discussing strategy
with regard to collective bargaining pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A); and
the City Advisory Negotiating Teams shall not be considered a "governing body" or
"public agency" under Indiana Code § 5- 14- 1.5 -2; and
2013 Teamster Negotiations Resolution
Page 2
Q*;A� the South Bend Common Council believes that the adoption of this Resolution and the
upcoming process will promote positive and harmonious labor negotiations.
AK m, Gie & r &Wmd , by the Common Council of the City of South Bend, Indiana,
as follows:
Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen
Cekanski - Farrand, a local attorney duly licensed to practice law in the State of Indiana, as its Agent
and Chief Negotiator for the upcoming labor negotiations with the Teamsters Negotiating Team
representing the city employees who are members of Teamsters Local Union No. 364. Mrs. Cekanski-
Farrand shall act in an advisory capacity for the Teamsters negotiations on financial /legal matters and
related policies under the jurisdiction of the Council, and shall work closely with the Board of Public
Works Chief Agent/Negotiator. The Common Council notes that two (2) Common Council Members
may serve in an advisory capacity on the joint Administration/Council City Advisory Negotiating
Team, with one additional (1) Council Member serving as an alternate.
Section II. The Council's Agent may assist the Board of Public Works Chief Agent/Negotiator
in helping to coordinate matters of strategies, research and background preparation, negotiation times,
scheduling of executive sessions, contacting resource persons and other matters in consultation with
the South Bend Common Council and City Administration. The Council's Agent shall provide legal
assistance to the Board's Chief Negotiator and City Advisory Negotiating Team throughout Teamsters
labor negotiations.
Section III. This resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor. _ /001
avid Varner, �5tDi______
John Voorde, City
,KtSti'`dTED
NOT APPROVE&'
5kDOPTE;
n Ferlic, At rge
aren L. White, At Large
Filed M. (I ic®
FM C I
IN
Pete But igie or
City of South Bend, Indiana
Derek D. Dieter
President
City of South Bend
Common Council
441 County -City Building . 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
May 16, 2013
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbendin.gov
Oliver J. Davis Members of the South Bend Common Council
Vice - President 4th Floor County -City Building
South Bend, IN 46601
Karen L. White
Chairperson, Committee Re: Resolution to Appoint Council's Agent & Chief Negotiator for
of the Whole Teamsters Labor Negotiations
Tim Scott
First District Dear Council Members:
Henry Davis, Jr. Last Monday we discussed the fact that this a negotiating year for city
Second District employees who are members of and represented by Teamsters Local Union No.
364.
Valerie Schey
Third District The attached resolution would appoint the Council's Agent and Chief Negotiator
Fred Ferlic for these negotiations, under the governing Indiana state law. The Council has
Fourth District been advised that a similar resolution will be acted upon by the Board of Public
Works at their May 28th meeting where they will appoint their Agent and Chief
David Varner Negotiator.
Fifth District
The City of South Bend has successfully used a City Advisory Negotiating
Oliver J. Davis Team to work with the appointed Agents/Negotiators. It is anticipated that two
Sixth District (2) Council Members will be part of that advisory team, with an additional
Council Member serving as an alternate so that the Common Council in the
At Large e
Derek Dieter event of a scheduling conflict.
Gavin Ferlic In order to meet the state law deadline of taking final action on establishing
At Large maximum salaries "on or before November 1 ", I ask for unanimous support of
the Council in joining the City Administration on this important task. I further
Karen L. White ask that this Resolution be referred to the Personnel and Finance Committee for
At Large review and recommendation at the May 29th meeting. Thank you.
Most sincerely,
Derek D. Dieter
Council President
Attachment
Filed In Clerk's -- Office,
MAI_ 16 401
CITY C1,� y SOU BEND, IN