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rescinded when the officer meets the physical fitness standard."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.