City of Norman v. International Ass'n of Firefighters Local 2067

2013 OK CIV APP 57, 307 P.3d 351, 2013 WL 3379027, 2013 Okla. Civ. App. LEXIS 48
CourtCourt of Civil Appeals of Oklahoma
DecidedFebruary 28, 2013
DocketNo. 109,447
StatusPublished

This text of 2013 OK CIV APP 57 (City of Norman v. International Ass'n of Firefighters Local 2067) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Norman v. International Ass'n of Firefighters Local 2067, 2013 OK CIV APP 57, 307 P.3d 351, 2013 WL 3379027, 2013 Okla. Civ. App. LEXIS 48 (Okla. Ct. App. 2013).

Opinion

JOHN F. FISCHER, Presiding Judge.

1 1 This appeal results from an arbitration proceeding between the City of Norman and the International Association of Firefighters, Local 2067 (Union) over a proposed election for June 14, 2011, to determine the terms of their contract for the July 1, 2010 to June 80, 2011 fiscal year. The City filed this litigation in the district court to challenge the legality of the ballot selected for that election but was unsuccessful in its request to have the district court declare the ballot selected by the Arbitration Board invalid. The City appeals the Order of the district court granting the Union's motion to dismiss this litigation and denying the City's motion for summary judgment. The Union also filed a motion to dismiss this appeal, noting that the City did not proceed with the June 14, 2011, election. The Union argues that the City's appeal is moot because no election can now be held to resolve the parties' dispute. In its response, the City points to exceptions to the mootness doctrine where the issue is of broad public interest or the challenged event is capable of repetition but likely to evade judicial review. Although we hold that the City's appeal is moot with respect to the ballot that can be used for the June 14, 2011 election, we will decide this appeal with respect to one issue: whether the Arbitration Board and the district court correctly interpreted Title 11 0.8. 2011 § 51-108 in selecting the ballot proposed by the Union for the June 14, 2011 election. We hold that they did not. Therefore, we deny the Union's motion to dismiss the appeal.

BACKGROUND

" 2 The parties began collective bargaining with respect to the terms of the contract by which the Union's members would be employed for the July 1, 2010 to June 30, 2011 fiscal year as required by the Fire and Police Arbitration Act (FPAA), 11 0.8.2011 §§ 51-101 to 51-1183. They were able to reach an agreement on all but three terms of the contract; compensation, step increases and incentive pay. The difference between the parties with respect to the unresolved issues was stipulated to be $330,000. According to testimony at the arbitration hearing, this difference resulted from adding the $80,000 increase in compensation proposed by the Union and the $250,000 decrease in compensation contained in the City's proposed contract. The FPAA provides the method by which such unresolved issues will be determined. "In the event that the [Union] and the [City] are unable ... to reach an agreement on a contract, any and all unresolved issues shall be submitted to arbitration, upon request of either party." 11 ©.8.2011 § 51-106.

T3 The arbitration procedure is set out in section 51-108 of the Act:

A. 1. The arbitration board acting through its chair shall call a hearing to be held within ten (10) days after the date of the appointment of the chair and shall, acting through its chair, give at least seven (7) days' notice in writing to each of the other two arbitrators, the bargaining agent and the corporate authorities of the time and place of such hearing.
2. -At least seven (7) days before the date of the hearing the corporate authorities and the bargaining agent shall submit to [354]*354each other and to the arbitration board members a written arbitration statement listing all contract terms which the parties have resolved and all contract issues which are unresolved. Each arbitration statement shall also include a final offer on each unresolved issue. The terms and offers contained in the arbitration statements shall be known collectively as each party's last best offer.
3. The hearing shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the arbitrators may be received in evidence. The arbitrators shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination. A hearing shall be concluded within twenty (20) days from the time of commencement.
4, - Within seven (7) days after the conclusion of the hearing, a majority of the arbitration board members shall select one of the two last best offers as the contract of the parties. The criteria to be used by the board in determining which offer to select shall be limited to paragraphs 1 through 5 of Section 51-109 of this title. The arbitration board may not modify, add to or delete from the last best offer of either party. Written notice of the selection decision shall be mailed or delivered to the bargaining agent and the corporate authorities.
B. If the city's last best offer is not selected by the arbitration board, that party may submit the offers which the parties submitted to the arbitration board to the voters of the municipality for their selection by requesting a special election for that purpose. The request for an election must be filed with the clerk of the municipality within ten (10) days of the date of the written decision of the arbitration board. Written notice of the filing of the request shall be given to the bargaining agent. If a request for an election is not filed in a timely manner, the board's selection decision shall be final, and the last best offer it selected shall constitute the agreement of the parties.
C. Upon receiving a request for an election pursuant to the provisions of this seetion, the clerk shall notify the mayor and governing body of the request. Within ten (10) days of such notification the municipal authorities shall call for a special election. The election shall be governed by the state laws on special municipal elections. Only residents of the municipality shall be eligible to vote in said election. The ballot shall inform the voters that they must choose either the last best offer of the bargaining agent or the last best offer of the corporate authorities. Within twenty (20) days of the date of the decision to call for the election, the municipal authorities and the bargaining agent shall agree on a ballot. If no agreement is reached within that time, each party shall present a proposed ballot to the arbitration board. The parties shall present their ballot to the board no later than seven (7) days after the aforementioned twenty-day period. The board shall consider the proposed ballots and shall select one or the other within seven (7) days of the date of receipt of the parties' proposed ballots. The last best offer receiving a majority of the votes shall become the agreement of the parties.
D. Concerning issues relating to money, such ballot shall clearly state the total dollar amount of the offer from the corporate authority and the total dollar amount of the offer from the bargaining agent. Such ballot shall also disclose the percentage of increase or decrease both offers have over or under the last contract of the two parties.
E. Agreements which are reached as a result of selection by the arbitration board or by election shall be effective on the first day of the fiscal year involved regardless of the date of the final selection.

T4 Pursuant to this statute, both parties submitted their "last best offers" for the 2010-2011 fiscal year to the Arbitration Board. On November 11, 2010, the Arbitration Board selected the offer submitted by the Union.

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2013 OK CIV APP 57, 307 P.3d 351, 2013 WL 3379027, 2013 Okla. Civ. App. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-norman-v-international-assn-of-firefighters-local-2067-oklacivapp-2013.