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3. ARTICLE 15 — SAFETY AND HEALTH Issue: The only paragraph of this Article that remains in dispute is 115.01. Paragraph 15.01 currently states, "The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations." Local 2201 seeks to add the following language: "The County agrees to provide a safe and healthy working environment irrespective of Article 10.2.I [the CBA's Management Rights Article]. The County agrees to comply with all applicable laws related to safety, health, sanitation, and working conditions, as may be required under all State, Federal, and local laws." The County opposes Local 2201's proposed changes. Special Magistrate's Recommendation: Keep ¶15.01 status quo as proposed by the County. County Administrator's Recommendation: As of the parties' 13th bargaining session on April 16, 2014, the parties were in agreement on maintaining the status quo language of ¶15.01. [See Exhibit H hereto; Local 2201 11/18/13 Proposal.] Moreover, as of that date, and through roughly 1 year of negotiations, Local 2201 had not sought to address any concerns regarding safety and health at the bargaining table. The reason for this was two -fold: (a) as of that date there were no health and safety concerns that the parties had been unable to resolve, and (b) prior to the April 16, 2014 bargaining session, the declaration of impasse did not appear imminent. On May 23, 2014, after it became clear at the parties' April 16, 2014 bargaining session that the declaration of impasse was imminent, Local 2201 emailed the County its current version of Article 15, which, for the first time, proposed any changes to 1115.01.2 At the same time, prior to even discussing these proposed changes at the parties' next bargaining session on May 29, 2014, Local 2201 sent correspondence to the County raising, for the first time, issues regarding station conditions. Thereafter, Local 2201 went public with its health and safety "concerns." It does not require someone who is experienced in union -management relations to recognize that Local 2201's true intent in raising its "concerns" at the eleventh 2 Local 2201 also proposed adding into ¶15.04 the requirement that the County comply with the OSHA standard for SCBA mask fit testing. The Special Magistrate recommended that change, and the County has accepted it. 6