Collective bargaining lets employees sit down with their employer to discuss their wages, hours, health, safety and other conditions of employment. It requires that parties deal with each other with open and fair minds, and work to overcome obstacles that stand between them. It works in Ohio, Pennsylvania, and in cities in West Virginia like: Dunbar, Huntington, Fairmont, Kenova, Shinnston, Clarksburg, Weirton, allowing city employees to negotiate fair, long term stable contracts.

        Most private sector employees in West Virginia have the right to bargain collectively. But for public employees, it's a different story. Your fire fighters and police officers need your help if they are going to enjoy that right. With your support, this ordinance will be presented to Morgantown City Council, where they will be given the opportunity to adopt it. If City Council fails to adopt this ordinance, then it will be put to a special election.

• Require both parties to sit down and negotiate for no longer than 60 days.
• Require each party to attempt in good faith to reach an agreement.
• Create a more stable, secure work environment in which fire fighters and police            officers can provide even more efficient service to the citizens of Morgantown.
• It will help retain highly motivated, skilled and well-trained personnel.

• NOT raise your taxes!
• NOT allow employees to strike or have a work slow down.
• NOT be detrimental to the level of City services provided.

• City population estimates = 30,000 residents, 22,000 students, and an estimated 20,000 influx daily. Excluding special event situations. Total life hazard daily = 72,000
• Total  square footage of protected property in

     1983- 27,282,773
     1996  32,255,768
     Increased footage 4,072,095
• Total square miles of the city

     1973 - 8.4 square miles
     1997 - 10.5 square miles
• Contractual obligations = Mon. general hospital, Same Day Surgery Center, EMS building, Sundale rest home, Mon. General Day Care, NIOSH, Mon. Power building, WVU Fluidized Bed Bdld.,etc..
• Annexed properties mountaineer mall, dept. Of energy, Dorsey Ave annexation, WVU farm annexation with over 50 structures, Kenwood Place annexation, 1-68 nterchange, 10 air miles around the airport, etc..
• Morgantown fire department is the lowest subsidized department in the state with funds derived out of the general fund of the city. We are almost totally self-funding

(approx. 90%) through the utilization of a fire service fee.
• In 1967, fire department manpower was increased to 44 men.  In 1984, the manpower was decreased by one making the departmental strength at 43. Also in 1984, the suppression forces were reduced again by 1 firefighter, with the establishment of a fire codes officer position.  This made our suppression force of 42 firefighters, 2 less than 1967.
• In the early 1980's, there was a 12 man, minimum manning program established, which guaranteed at least 12 firefighters were on duty at all times. Since the establishment of this program, it has been reduced to a minimum level of 10 firefighter on duty, manning 3 stations protecting the lives and property of Morgantown.
• In 1973 the department responded to 268 calls. In 1976 the department responded to 402 calls. In 1997 the department responded to 1374 calls.  As of October 1999 we have responded to over 1450 fire, EMS, rescue and service calls.
• Every fire chief in the last 25 years has requested these changes and it has constantly fell on deaf ears. At one time, council set aside monies for the acquisition of a new north side fire station and then spent this money on street paving the following year.
• It is the responsibility of the council to provide for the safety of its residents and the safety of those conducting business in the city.
• How can we hope to maintain our exemplary ISO rating with  this current trend? When will the results of this neglect result in the injury or death of civilians or fire fighting personnel?




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Why Police Officers want Collective Barganing




• Under previous administrations, from 1986 to 1992 employees have worked through seven (7) years with no pay raises, while the cost of living , over the same period of time went up roughly 30%.
• Since January 1992, the employees have suffered through a tremendous loss of insurance benefits.
• A 10 year WV State Police Sgt. earns 24.3% more than a 10 year Morgantown City Police Sgt.
• A 10 year West Virginia University Police Sgt. earns 18.6% more than a 10 year Morgantown City Police Sgt.
• A 10 year WV State Police Trooper earns 14.9% more than a 10 year Morgantown City Patrolman First Class.
• A 10 year West Virginia University Police Patrolman earns 16.5% more than a 10 year Morgantown City Patrolman First Class.
• Our City has in place a grievance system which has made employees wait to have their grievances heard for up to a period of two (2) years. Our City grievance board is appointed by City Council, who also hires the City Manager. This process eliminates fair and impartial judgment.
• In 1991 a comprehensive safety proposal was prepared for the Morgantown City Administration and has never been approved.
• The Morgantown Police Department over the past year has lost six (6) police officers, who left for better jobs. Normally Morgantown Police Civil Service tests attract 200-300 applicants. The last test only 51 individuals showed to test, and of those, only 22 scored 80% or higher on the written test. The poor turn out limits the amount of qualified and quality candidates.

TO:  The Honorable mayor and members of Morgantown City Council

We, the undersigned qualified voters of the City of Morgantown, West Virginia, hereby petition the Morgantown City Council to adopt an ordinance entitled: "CITY OF MORGANTOWN LABOR MANAGEMENT COOPERATIVE ORDINANCE."

SECTION 1. Title

This ordinance shall be known, and cited as the City of Morgantown Labor Management Cooperative Ordinance.

SECTION 2. Definitions

When used in this ordinance:

(a) "Arbitration" means the procedure by which an impartial third party holds a hearing, takes testimony and renders a decision which is binding upon the parties for the purpose of resolving a dispute between the Employees and the Employer.

(b) "Bargaining Unit" means a group of Employees who have a clear and identifiable community of interest in the terms and conditions of employment. For the purposes of this ordinance, it is presumed that there will be three (3) bargaining units: The International Association of Firefighters Local 313 who will represent firefighters. Law enforcement personnel will be represented by the Fraternal Order of Police Lodge 87. Civilian City personnel may choose, if they so desire, one association to represent them.

(c) "Collective Bargaining", means the performance of the mutual obligations of the Employer and the Exclusive Representative to meet at reasonable times and places, to confer and negotiate in good faith with the intent of reaching agreement, to enter into Binding Arbitration when differences reach Impasse, and to execute a written agreement with respect to wages, conditions of employment, operations, safety, seniority, assignments, transfers, pensions, fringe benefits, grievances and grievance procedures, and other terms and conditions of employment: provided, that neither party is required to make a concession nor compelled to agree to a proposal put forth by the party absent Binding Arbitration.

(d) "Employee" means any employee of the employer except elected officials, administrative officials, boards and commission members, and chief/department heads.

(e) "Employer" means the City of Morgantown or any person or persons designated by the City of Morgantown.

(f) "Exclusive Representative" means the Labor Organization which has been chosen by the Employees as the representative of the majority of the Employees of a Bargaining Unit.

(g) "Impasse" means the point in the process of negotiations between the Employees and the Employer at which either party determines that no more progress toward resolving differences and/or concluding a Collective Bargaining Agreement can be made.

(h) "Labor Organization" means an organized body of individuals which exists for the primary purpose of dealing with an Employer concerning wages, conditions of employment, operations, safety, seniority, assignments, transfers,

 pensions, fringe benefits, grievances and grievance procedures, and other terms and conditions of employment.

(i) "Last Best Offer" means the final position taken by the Employer and the Exclusive Bargaining Representative before reaching an Impasse.

SECTION 3. Findings and Declarations

The people of the City of Morgantown hereby find and declare all of the following:

(a) Fire fighting, law enforcement, and emergency medical services are among the most vital services provided to the citizens of this community.

(b) It is critical that fire, law enforcement, emergency medical service, and other vital City services, equipment and personnel respond quickly so that the citizens of Morgantown are protected from-the dangers of crime, civil disturbances, fire and other natural and man-made disasters.

(c) In order to maintain the efficiency of the fire, law enforcement, emergency medical service, and other vital City services in Morgantown, it is critical that the City and uniformed and civilian personnel maintain an ongoing dialogue concerning their working conditions, safety, wages, and benefits.

(d) It is important that any disputes involving working conditions, safety, wages, and benefits, be cooperatively and quickly resolved in order to maintain the high level of performance and moral of the uniformed and civilian employees.

(e) The citizens of Morgantown shall have a system of collective bargaining, and binding interest arbitration between the City and it's uniformed and civilian employees.

(f) The City shall be required to enter into collective bargaining negotiations with the duly elected representatives of an employee association representing the majority of all employees as soon as possible after the enactment of this ordinance in order to determine wages, conditions of employment, operations, safety, seniority, assignments, transfers, pensions, fringe benefits, grievances, and grievance procedures for uniformed and civilian employees.

SECTION 4. Purpose and Intent

The citizens of the City of Morgantown hereby declare their purpose and intent in enacting the Ordinance to be as follows:

(a) To maintain the high level of fire fighting, law enforcement, emergency medical service, and other vital services already provided to the City of Morgantown, by the City of Morgantown.

(b) To provide collective bargaining rights, including, contract negotiations and binding interest arbitration, to uniformed and civilian employees below the ranks/positions of Chief/Department Head.

(c) To require the City of Morgantown to begin negotiations with the duly elected representatives of the uniformed and civilian employee association representing the majority interest of all personnel for the purpose of entering into a binding collective bargaining agreement.

(d) To mandate the City of Morgantown to become a party to binding interest arbitration, leading to contracts, which are enforceable in a court of law, with representatives of the uniformed and civilian personnel.

 (e) To prohibit any strikes or work slowdowns by uniformed and civilian employees or lockouts by the City of Morgantown.

SECTION 5. Rights of Employees and Employer

(a) City Employees will have, and shall be protected in the exercise of, the right to self-organization, to resolve issues through representatives of their own choosing, and to engage in other concerted activities for the purpose of issue resolution or other mutual aid or protection. No Employee will be discharged against in regard to hire or tenure of employment or any term or condition of employment because of his or her exercise of such rights. No agent of the Employer, person or group of persons, directly or indirectly will interfere with, restrain, or coerce Employees in the exercise of such rights.

(b) Nothing in this Ordinance will prevent an Employee from presenting a grievance to the employer and having the grievance heard and settled pursuant to the West Virginia Civil Service Code or any grievance procedure that exists apart from this Ordinance without the intervention of a Labor Organization: provided, that the Exclusive Representative is afforded the opportunity to be present and to present its views on the matter: and provided, that every settlement made will be consistent with the terms of any agreement in effect between the Employer and the Exclusive Representative.

(c) Nothing in this Ordinance is to be construed as giving an Employee a right to strike or to conduct any work stoppage.

SECTION 6.

 Section ______________________ of the City of Morgantown Municipal code is
amended to read:
 Section______________________ The City of Morgantown Labor-Management
Cooperative Ordinance.

The City of Morgantown hereby ordains that the Mayor and City Council/City Manager enter into collective bargaining negotiations with the duly elected representatives of the sworn uniform employees, and civilian employees below the rank of Chief or Department Head, for the purpose of negotiating legally binding contracts concerning wages, conditions of employment, operations, safety, seniority, assignments, transfers, pensions, fringe benefits, grievances and grievance procedures, and other terms and conditions of employment. A total of only three-employee associations will be permitted as the exclusive representative of City personnel for the purpose of establishing collective bargaining contracts. The International Association of Fire Fighters Local 313 will represent fire fighters. Law enforcement personnel will be represented by the Fraternal Order of Police Lodge 87. Civilian City personnel may choose, if they so desire, one association to represent them.

(i)Collective bargaining negotiations must begin within thirty (30) calendar days after a demand for negotiations by the associations representing the uniformed or civilian personnel or the City of Morgantown. In the case of a successor agreement, negotiations must begin between ninety (90) and one hundred twenty (120) calendar days before the expiration date of the prior agreement.

(ii) The City and the association representing the uniformed or civilian personnel shall engage in binding interest arbitration for the purpose of resolving any disputes or impasses arising from collective bargaining negotiations. The American Arbitration Association shall be used for the purposes of binding interest arbitration.

 (iii) If the parties cannot agree to a contract after sixty(60) calendar days from the start of contract negotiations then either party can demand binding interest arbitration. Each party may present a final issue by issue last best offer no later than midnight of the fifty-ninth (59) day. The arbitrator shall render a decision by selecting on an issue-by-issue basis last best offer based upon evidence presented, one of the following: (a) the employer's final last best offer; (b) the union's final last best offer. The arbitration must be finished, including all hearings, and a decision, within forty five (45) calendar days following the start of the arbitration.

(iv) The arbitrator shall be selected from a list of seven (7) arbitrators provided by the American Arbitration Association. The arbitrator shall be selected by the parties from the list of seven (7) alternatively striking three (3) names beginning with the City. The sole remaining name will be the arbitrator. The cost for the arbitration including the arbitrators fee, expenses ,and any other fees shall be paid for by the party losing on a single issue or majority of issues presented to the arbitrator for decision. Parties ordering transcripts or copies of transcripts shall be responsible for the cost.

(v)All terms and conditions of any pre-existing contract between the City of Morgantown and the employee association shall remain in full force and effect until a new contract has been negotiated and ratified by all parties.

(vi) Nothing contained herein shall permit any public safety uniformed employee or Civilian employee of the City to engage in a strike or work slowdown or the City to lockout public safety uniformed employees, and civilian employees.

SECTION 7. Severability

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional under applicable law, such invalidity or unconstitutionality shall not affect other provisions or applications of this initiative which can be given effect without the invalid or unconstitutional provision or application, and to this end provisions of this initiative are severable.

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