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e to pay; a labor market analysis of wages, hours, and conditions; and, the average consumer price index. Ms. Norris said the last two items generally playa primary role in the arbitrator's decision. She added that it is very hard for an organization to prove inability to pay. Ms. Norris reviewed several dispute resolution options. The National Labor Relations Act gives private employees the right to strike. Advisory arbitration is a process whereby the final offers go to the arbitrator; after the arbitrator makes an award the parties are given a period of time to meet again and reach agreement or to accept the award as final. In last offer arbitration, the final two offers of each party go to the arbitrator who selects one. In "final offer and vote of the public" arbitration, both parties submit their final offer to fact-finding. After fact-finding recommendations are made, the parties are given another chance to reach an agreement. If they are unable to agree, their previous final offers go to a vote of the people. An advantage of this type of arbitration is that those who pay for the award are able to make the decision. Ms. Norris said there is also a "third party mandate" process in which a mediator can mandate any of the above methods of dispute resolution. Resolution can occur issue-by-issue or focus on the entire final package. She said the third party is typically a board similar to the Employment Relations Board. e Mayor Obie asked how the City's dispute resolution process has changed. Mr. Gleason said until last year there were several mandatory steps in the bargaining process, including fact-finding proceedings. During the last legislative session, the fact-finding proceeding was left as voluntary at the insistence of the public unions. The consequence has been that a high percentage of disputes go directly to the arbitrator and the arbitrator must make a decision. Mr. Gleason said before, the mandatory fact-finding served as a precursor to the arbitration process and helped reduce the number of issues to go before the arbitrator. Mr. Holmer asked about the disadvantages associated with final offer arbitration. Ms. Norris said most people in the labor relations profession prefer not to have compulsory final arbitration because the award can be anything; it does not have to correspond to the final offer of either party. She said this form of arbitration also causes difficulties for policy makers because it can substantially affect the budgeting process. Mr. Gleason felt last offer arbitration is a better approach than final arbitration, although he would prefer to go to a vote of the people. In response to a question from Ms. Ehrman, Ms. Norris said in Greely, Colorado, which operated under the "final offer, vote of the public" process, the final offers never went to the public for a vote. She felt the process applied pressure on both parties to reach agreement because they could never be certain of how the public would vote. Mr. Gleason felt the arbitration e MINUTES--Eugene City Council October 26, 1988 Page 4