Labor-management dispute and impasse resolution.
Richmond, Va., City Code § 2-1693
in effectSec. 2-1693. - Labor-management dispute and impasse resolution.
(a) Impasses.
(1) In the event that the City and the bargaining agent are unable to reach a collective bargaining agreement within 120 days after their first meeting or September 1, whichever is earlier, an impasse may be called by either party and resolution may be sought by submission of any unresolved issues for mediation by the administrator or a mediator selected through procedures established by the administrator. The parties shall jointly request mediation within five days of a declared impasse. The administrator or other mediator shall set reasonable deadlines for all steps of the mediation process. Negotiations on all matters shall continue throughout impasse procedures.
(2) The mediation process is advisory only, and the administrator or other mediator shall have no authority to bind either party.
(3) The mediation process and any comments, statements or suggestions from the administrator or other mediator or the parties and any documents evidencing the same made or created during the mediation process shall not be disclosed except as required by law.
(4) The parties shall share the costs of mediation equally.
(5) At the request of either party, and not later than September 15, impasses not resolved through negotiation or mediation shall be submitted to non-binding fact-finding. The parties shall jointly select a fact-finder or, if they are unable to agree on a fact-finder, they shall request a list of seven arbitrators from the Federal Mediation and Conciliation Service or American Arbitration Association. Each party in turn shall strike a name from the list until only one name remains. Negotiations shall continue throughout the impasse procedures.
(6) In making any decision under the impasse procedure authorized by this division, the fact-finder shall give weight to the following factors:
a. The lawful authority of the City;
b. Stipulations of the parties;
c. The interests and welfare of the public;
d. The financial ability of the employer to meet the costs of any items to be included in the agreement;
e. Comparison of wages, hours, and terms and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours, and terms and conditions of employment of other persons performing similar services in the public and private sectors, if applicable;
f. The average consumer prices for goods and services, commonly known as the cost of living;
g. The overall compensation presently received by the employees involved in the arbitration;
h. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings; and
i. Such other factors that are normally or traditionally taken into consideration in the determination of wages, hours, and terms and conditions of employment through voluntary collective bargaining, mediation, arbitration, or otherwise between the parties, in public service or in private employment.
(7) The fact-finder's decisions shall be provided to the Chief Administrative Officer and the bargaining agent not later than October 15 and, to the extent permitted by law, shall not be made public for a period of 14 days. During this 14-day period, the parties shall meet and attempt to negotiate an agreement based on the fact-finder's recommendations. By mutual agreement, the 14-day period may be extended.
(8) At the conclusion of the 14-day period (or longer period agreed to by the parties) period, the Chief Administrative Officer shall submit the last written bargaining position of the City and of the bargaining agent on each issue that remains in dispute with a copy of all of the fact-finder's recommendations to the City Council.
(9) At its next meeting, the City Council shall provide 30 minutes to each of the parties at impasse for the purposes of explaining and justifying its last offer and thereafter render a decision on the matters subject to continuing impasse. The City Council's decision shall be final and not subject to further review.
(10) The expenses of the fact-finder shall be borne equally by the parties.
(b) Labor-management disputes.
(1) The City and a bargaining agent shall discuss the feasibility of resolution of labor-management disputes informally by discussion between the parties' designees before resort to formal mediation or arbitration. Failure to actually engage in such informal resolution prior to submitting a labor-management dispute or prohibited practice claim for mediation or arbitration shall not be a ground for dismissal of a claim under this division. In the event that the City and the bargaining agent are unable to informally resolve a labor-management dispute if and when engaged, either party or the parties jointly may submit the dispute to the administrator for mediation or arbitration, if applicable, pursuant to procedures instituted by the administrator.
(2) If the City and the bargaining agent are unable to reach agreement resolving any labor-management dispute submitted to mediation as provided for in this division by any deadline set forth in procedures provided in this division or adopted by the administrator, the labor-management dispute shall be submitted to final and binding arbitration pursuant to procedures adopted by the administrator which shall, at a minimum, require the parties' joint selection of an arbitrator. The parties shall share the costs of arbitration equally.
(Code 2020, § 2-1301.14; Ord. No. 2022-221, § 1, 7-25-2022)
Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=PTIICICO_CH2AD_ARTVIPE_DIV6COBA_S2-1693LANADIIMREFetched: 11/8/2026