Agenda - Council - 06/12/1990 - Laserfiche WebLink

Home

However, in this instance the record indicates that the City has not established the position of investigator/detective and thus the demand of the Union in reference to a differential to be paid for investigator/detective is premature. To permit the Union to require the City to negotiate wages and differentials or any other working conditions pertaining to classifications and assignments which have not been established by the Employer but which may be established some time in the future, would in effect be requiring the Employer to establish such classifications or assignments contrary to its determination, in contravention of Section 179A.07, Subd. 1 of PELRA, because its establishment is an inherent managerial right under that section, and not a proper subject of interest arbitration. The City in its brief argued that if it did establish the assignment and/or classification it would pay the employee involved $75.00 per month for clothing allowance. I am not considering this matter nor making any determination pertaining to it because the City is, in my opinion, being inconsistent. First of all it argues that it has not established the classification and objects to its determination and arbitrability on the part of the arbitrator but then in effect argues that if it does establish it, it will pay a $75.00 per month clothing allowance. I do not consider that I have the jurisdiction to rule on this argument or proposal. I further do not consider that this argument or proposal constitutes a waiver upon the part of the City of its argument of non-negotiability and non-arbitrability. Waivers of this nature 34