Ever Wondered How Arbitration Works? Here's the Scoop!

The process of Arbitration over grievances and labor contracts is actually spelled out in State Statues. For example, the upcoming Arbitration over the Union's Last Best Offer (LBO) versus the City's LBO is covered in Oklahoma State Statutes Title 11, Chapter 1, Article LI, Section 51-108. To read that statute click here. "Okay...", you might say, "but how does the Arbitrator come to their decision as to whose offer they accept?" Well, I'm glad you asked. Our Legislatures even thought of that and thus the Statute that covers the Factors To Be Considered can be read here. As you can see the process is specifically spelled out in State Law.

It seems a little unfair to me in that if the Arbitrator rules for the City, the matter is over. The decision is binding on us. However if the Arbitrator rules for the Union's offer, the City could reject the ruling and hold a special election, having the Citizens of Lawton choose between the two LBOs. The City has 10 days to request the election once the ruling is published.  If they miss their deadline the Arbitrator's ruling stands and our LBO is enforced.

Think things like this rarely happen?  

On the front page of the Lawton Constitution on July 9th, 2010 was an article titled "Council Divided On Proposed Contract For General Employees." (Now I know we are not General Employees, but just stay with me here.) The article, written by Kim McConnell, stated that the City of Lawton and the General Employees Union (AFSCME) would be headed back to negotiations after the City Council voted to REJECT an Arbitrator's June 28 ruling that was in favor of AFSCME's position in ten contract areas that were unsettled. Their process is a little different from ours but it goes to show you that the City can, and will, reject a neutral Arbitrator's ruling. AFSCME finally got a contract but negotiations with the City for the 2009-2010 fiscal year spilled over into the following fiscal year, 2010-2011. But that's pretty common with the City. 

Let's not forget who voted to REJECT the NEUTRAL ARBITRATOR'S RULING. Voting AGAINST complying with the ruling was Bill Shoemate (Ward 1), Michael Tenis (Ward 2), Janice Drewry (Ward 3), and Councilman Dick Zarle (Ward 6).  Councilmembers Haywood, Wells, Burk, and Shanklin voted to accept it. It was a 4-4 split so newly seated Mayor Fred Fitch cast the tie-breaking vote to REJECT the ruling. AFSCME's hope of settling the matters in question were dashed on the jagged rocks of reality. Lucky for the General Employees the only things at stake were little items such as "union security, sick leave, hours of work, discipline, wages and benefits, union business, policies, term of contract, and employee retirement benefits." Whew! At least they agree on all the other important stuff. <rimshot> 

Hey I know! Why don't the General Employees write stuff like this down so they can remember it later and thank Shoemate, Tenis, Drewry, Zarle and Fitch by organizing against them when they come up for reelection? That's what we're doing. 

Drewry, Burk and Shanklin's seats are up this year.

Change is coming to Lawton's small-town mentality. We are going to mount an effort to bring together the Police, Fire, and General Employee Unions to change not only the climate, but a lot of the faces of local City Government and Departmental Heads, if necessary. As long as we have a vote, we have the power to affect change. It's time to organize and act. Whose with us??!!