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<br />Appendix D <br />Page 3 <br /> <br />parties fails to submit its last best offer within the above-allotted time, then the conciliator shall <br />be obligated to make an award incorporating the terms and conditions of the last best offer <br />made by the party that has submitted its offer within the above allotted time. The decision of <br />the conciliator shall be submitted in writing to the District Board and the membership of the <br />recognized fire employee organization(s) for approval or rejection on an issue-by-issue basis. <br />Any decision of the conciliator which is accepted by the parties shall become effective <br />immediately or at such time as is stated in the award. Any decision of the conciliator which is <br />rejected by any party, shall be resubmitted to the conciliator for mediation where either party <br />may submit additional evidence for consideration. If, after fourteen days from the date of <br />rejection, any issue{s) remains unresolved, the conciliator shall render an award on any <br />remaining unresolved issue{s), based upon the last best offers originally made by the Parties. <br />This award shall become final and binding. <br /> <br />EXHIBIT 3 <br /> <br />~ <br /> <br />(i) Notwithstanding the provisions of Paragraph (h) above, the conciliator <br />shall have no authority to issue a final and binding award with respect to increases in base . <br />salary wage and the specified cash compensation differential pay categories set forth below. <br />Increases in base salary wages and the specified cash compensation differential pay <br />categories for each represented classification for firefighter employees shall be effective <br />January 1 of each calendar year and shall be determined solely in accordance with the <br />following provisions: <br /> <br />(ii) During the fall of each calendar year, The District and the firefighter <br />employee representative organization{s) shall jointly survey the following San Francisco- <br />Oakland-San Jose Metropolitan Statistical Area Fire Departments and Districts (hereinafter <br />"jurisdictions"): <br /> <br />1. Oakland <br />2. AlamedaCity <br />3. San Ramon Valley <br />4. Santa Clara County Central Fire Protection District <br />5. Berkeley <br />6. Contra Costa County <br />7. Richmond <br />8. Mountain View <br />9. Fremont/Union City <br />10. Pleasanton <br />11. Livermore <br /> <br />The survey shall be completed no later than January 10 of each year, and shall <br />reflect data which is or later becomes effective during the month of January. The number and <br />identity of the jurisdictions surveyed may be changed by mutual agreement between the <br />District and the employee representative organization{s), however, if any of the jurisdictions <br />cease operation or are consolidated with other fire departments or agencies, the parties <br />shall meet and confer over replacement jurisdictions. If unable to agree to successor <br />jurisdictions, the matter will be submitted to final and binding arbitration: If such a dispute is <br />referred to arbitration, the arbitrator shall be bound to consider the following factors in <br />selecting a replacement agency: size of the department/district as compared to the ACFD; <br />proximity to <br /> <br />IAFF. LOCAL 55A January 1.2000. December 31,2003 <br />-46- <br />