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HomeMy WebLinkAboutArbitration Award 2011 STATE OF INDIANA IN THE CLARK CIRCUIT COURT CLARK COUNTY, INDIANA JEFFERSONVILLE FOP LODGE 4100, INDIANA FRATERNAL ORDER OF POLICE COUNSEL, INC., Plaintiffs, VS. CAUSE NO. 10001- 1009 -MI -1284 THE CITY OF JEFFERSONVILLE, Defendant. ARBITRATION AWARD This matter was submitted for binding arbitration this 19 day of December, 2011, with the Jeffersonville FOP Lodge #100 appearing by its representatives, Joseph Hubbard and attorney Leo Blackwell and The City of Jeffersonville City Council appearing by its representatives, Ed Zastawny and attorney Mickey Weber. The Arbitrators having reviewed the parties' submissions, having heard testimony, and having conferred in conference, the arbitration panel, namely: Kerry Thompson, Irvin H. Sonne, III, and Robert Colone, find as follows: 1. The Officers covered by the 2009 Collective Bargaining Agreement between the City of Jeffersonville and Jeffersonville FOP Lodge #100 shall receive a $300.00 salary increase for 2011 and for 2012. 2. The Exhibit A submitted to the panel by the parties, and attached hereto, shall be the physical fitness requirement for the officers covered by the Collective Bargaining Agreement. 3. Article 34.4 of the Collective Bargaining Agreement shall read as follows: • "The notification of not meeting the fitness standard shall be included in the officer's performance evaluation and reported to the merit board. When the merit board is considering promotions, there shall be a presumption that officers not meeting the fitness standard shall not be promoted. The presumption against promotion may be overcome by extraordinary circumstances. The presumption against promotion shall be automatically rescinded when the officer meets the physical fitness standard." 4. A second paragraph is added to Article 34.6 of the Collective Bargaining Agreement, which shall read as follows: "Within ninety days of date of this decision, the merit board (merit commission) shall adopt rules and procedures as to how the board will enforce the physical fitness standards and consider any appeals by officers on the issue of presumption against promotion." THEREFORE, IT IS HEREBY ORDERED BY THE ARBITRATION PANEL that the findings of the arbitration panel be entered as the judgment of the Court and the parties shall abide by said findings. Dated this 19 day of December, 2011. A .n IL r : KE•RYT •MPS• • • ` - _a r • BERT M. COLON arbitra tor IRVIN H. SONNE, II arbitrator I, • Exhibit A Annual Physical Fitness Requirement Minimum pushup and sit -ups completed in 1.5 minute (90 seconds) and maximum time to complete a 1.5 -mite nut: Officers age 18-29 My gle Female Push ups - 30 reps Push u s - 20 reps Sit ups •30 reps Sit ups •25 reps "1.5 Mile nut —16 minutes 30 seconds '1.5 Mile nut — 17 minutes 00 seconds Officers age 30 to 39 Male Female Push ups - 25 reps Push ups - 16 reps Sit ups - 27 reps Sit ups - 20 reps •1.5 Mile run - 17 minutes 00 seconds *1.5 Mile nut -17 minutes 30 seconds Officers age 40 to 49 Male Female Push ups - 20 reps Push ups - 12reps Sit ups - 25 reps Sit ups - 15 reps '1.5 Mile run — 17 minutes 30 seconds • 1.5 Mile run — 18 minutes 00 seconds Officers age 50 and 59 Male Female Push ups • 15 reps Push ups - 8 reps Sit ups - 20 reps Sit ups - 10 reps '1.5 Mile run — 18 minutes 0 seconds • 1.5 Mile nut — 18 minutes 30 seconds Officers age 61 and over Male Female Push ups - 10 reps Push ups - 6 reps Situps -15 reps Sit ups -8reps • 1.5 Mile nut — 19 minutes 0 seconds *1.5 Mile run — 20 minutes 0 seconds " Another measurable and timed physical fitness activity (basically equivalent to a timed 1.5 mile nut) designed by an independent fimess professional may be substituted fur the 1.5 -mile run requirement. This substituted activity should demonstrate That the officer has the cardiovascular fitness to perform at an elevated cardiovascular level for 20 minutes.