Common use of Bargaining Procedures Clause in Contracts

Bargaining Procedures. A. Matters not specifically covered by this Agreement but of concern to both parties shall be subject to professional negotiation between them during the period of this Agreement upon mutual agreement by both parties. B. Representatives of the Board and the Association shall meet upon the request of either party during the regular school year to resolve problems that may arise under this Agreement. These meetings are not intended to bypass the bargaining or grievance procedures. Any amendment to this Agreement shall be subject to ratification by the Board and the bargaining unit. C. If either party desires to negotiate, modify, amend, or terminate this Agreement upon its expiration, a written notice must be submitted to the other party prior to April 1, of the year in which the Agreement expires. D. In any bargaining described in this agreement, neither party shall have any control over the selection of the bargaining representative of the other party. It is recognized that before any agreement reached by the bargaining representatives can be executed, it must be ratified by the majority of the Board and a majority of the voting members of the bargaining unit, but the parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of bargaining. Throughout bargaining, all tentative agreements shall be signed by representatives designated by each party. E. Should an impasse occur, then either party or both parties jointly may petition for a mediator as a means of attempting resolution of the item or items in dispute. The initial recourse shall be to petition the Federal Mediation and Conciliation Service (FMCS) for a mediator. In the event that a solution cannot be reached through mediation, by mutual agreement of both parties the impasse shall then be submitted to a special master under the Public Employees Relations Commission (PERC) guidelines. F. The articles of this Agreement will automatically be contained in successor Agreements except that items contained herein and proposed by either party for re-negotiation shall be subject to negotiations as provided in this article. G. All negotiations shall be in accordance with applicable Florida Statutes and PERC guidelines.

Appears in 2 contracts

Samples: Education Staff Professionals Contract, Education Staff Professionals Contract

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Bargaining Procedures. A. Matters not specifically covered by this Agreement but Two subcommittees, Employee Well Being and Satisfaction, and Employee Education and Training in addition to the Bargaining Leadership Team will meet as needed for the purpose of concern to both parties shall be subject to professional negotiation between them during reviewing the period of this Agreement upon mutual agreement by both parties. B. Representatives administration of the Board Agreement and the Association shall meet upon the request of either party during the regular school year to resolve problems that may arise under this Agreementmight arise. These meetings are not intended to bypass the bargaining or grievance proceduresprocedure. Any Should such a meeting result in a mutually acceptable amendment to this Agreement the Agreement, then the amendment shall be subject to ratification by the Board and the bargaining unitAssociation. B. Employee Well-Being & Satisfaction Committee The parties agree to convene as needed, the Employee Well-Being & Satisfaction Committee composed of representatives of the administration, instructional, and supporting services personnel. The committee shall be charged with reviewing the present group insurance programs and examining possible alternatives for future consideration. C. The Collaborative Bargaining Team’s mission to continually refine a process to identify and meet the needs of educational stakeholders using a collaborative approach to attain common goals through continual improvement provides the foundation and direction by which the sub committees function. The Bargaining Leadership Team supports the bargaining process by clarifying expectations, coordinating recommendations, and ensuring the availability and utilization of information systems. Dates of bargaining sessions shall be established so as to expeditiously promote the achievement of agreement. Both parties shall endeavor to minimize the possibility of impasse. The Board agrees that, acting in good faith, it will not attempt to control the bargaining process through the premature adoption of a budget. Nevertheless, the parties understand that bargaining should not restrict the Board from its statutory obligation to prepare and submit a budget. D. Bargaining proposals or amendments pertaining to the Agreement which the Association or the Board desire to be bargained shall be submitted in writing to the Superintendent. In turn, the Superintendent shall notify the responding party in writing within five (5) school days from the date of receiving the proposals and shall contact representatives of the parties to arrange for a mutually acceptable time and place to commence bargaining within fifteen (15) school days from receipt of proposals. The parties agree that negotiations will not be reopened on any item of a ratified agreement except by mutual concurrence. Dates of bargaining sessions shall be established so as to expeditiously promote the achievement of agreement. Both parties shall endeavor to minimize the possibility of impasse. The Board agrees that, acting in good faith, it will not attempt to control the bargaining process through the premature adoption of a budget. Nevertheless, the parties understand that bargaining should not restrict the Board from its statutory obligation to prepare and submit a budget. E. Designated representatives of the Board and the Association agree to meet at a time and place which is acceptable to both negotiation teams. Each party agrees to certify its representatives to the other and to authorize said representatives to reach agreement subject to ratification. F. The parties to the bargaining process may call upon consultants to assist in preparing for bargaining and to advise them during conference sessions. The Executive Director of the Association and the Superintendent of Schools may attend at any time. G. During the bargaining process, either party may, with advance notice, request and receive from the other party information directly pertinent to matters under consideration. H. When consensus is reached covering the areas submitted to negotiations, the proposed agreement shall be reduced to writing and submitted to the Board and the support professionals for ratification. Until ratification by both parties has been accomplished, the Agreement shall have no power or effect. I. Until agreement on all issues under consideration is reached, neither party shall be bound by tentative agreements on certain articles of the total package unless mutually agreed to by Stipulation of Agreement during the life of the contract. X. If either party desires refuses to negotiateratify the Agreement reached by the negotiation teams, modify, amend, or terminate this Agreement upon its expiration, a written notice must be submitted the rejecting party shall state in writing to the other party prior to April 1, the reasons for rejection. Said notification of the year failure to ratify shall result in which the Agreement expiresresumption of negotiations within seven (7) calendar days. When both parties approve the negotiated Agreement, upon receipt of official action by the PESPA unit, the Board at the next official meeting will take action to consider ratification of the proposed Agreement. D. In any bargaining described K. The parties agree to negotiate in this agreement, neither party shall have any control over the selection of the bargaining representative of the other party. It is recognized that before any agreement reached by the bargaining representatives can be executed, it must be ratified by the majority of the Board and a majority of the voting members of the bargaining unit, but the parties mutually pledge that their representatives shall be clothed with all necessary power and authority good faith to make proposals, consider proposals, and make concessions reach agreements which are in the course best interest of bargaining. Throughout bargaining, all tentative agreements shall be signed by representatives designated by each partystakeholders. E. Should an impasse occur, then either party or both parties jointly may petition for a mediator as a means of attempting resolution of the item or items in dispute. The initial recourse shall be to petition the Federal Mediation and Conciliation Service (FMCS) for a mediator. L. In the event that a solution cannot be reached through mediationimpasse is declared by either side, by mutual agreement of both parties the said impasse shall then be submitted resolved according to a special master under the rules of the Public Employees Relations Commission (PERC) guidelinesCommission. F. The articles of this Agreement will automatically be contained in successor Agreements except that items contained herein and proposed by either party for re-negotiation M. Negotiations shall be subject conducted at a time acceptable to negotiations as provided in this articlethe parties. Should such time conflict with the normal school day, representatives of the Association shall be granted temporary duty elsewhere leave. G. N. All negotiations bargaining shall be conducted according to the rules of the Public Employees Relations Commission, in accordance with applicable Florida Statutes and PERC guidelinesa manner which assures the implementation of Article I, Section 6 of the Constitution of the State of Florida.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Bargaining Procedures. A. Matters not specifically covered by this Agreement Agreement, but of concern to both parties parties, shall be subject to professional negotiation between them from time to time during the period of this Agreement upon mutual agreement by both parties. B. Representatives of the Board and the Association shall may meet upon the request of either party during the regular school year to resolve problems that may arise under this Agreement. These meetings are not intended to bypass the bargaining or grievance procedures. Any amendment to this Agreement shall be subject to ratification by the Board and the bargaining unit. C. If either party desires to negotiate, modify, amend, or terminate this Agreement upon its expiration, a written notice must be submitted to the other party prior to April 1, 1 of the year in which the Agreement expires. D. In any bargaining described in this agreement, neither party shall have any control over the selection of the bargaining representative of the other party. It is recognized that before any agreement reached by the bargaining representatives can be executed, it must be ratified by the a majority of the Board and a majority of the voting members of the bargaining unit, but the . Both parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of bargaining. Throughout bargaining, all tentative agreements shall be signed by representatives designated by each party. E. Should an impasse occur, then either party party, or both parties jointly jointly, may petition for a mediator as a means of attempting resolution of the item or items in dispute. The initial recourse shall be to petition the Federal Mediation and Conciliation Service (FMCS) for a mediator. In the event that a solution cannot be reached through mediation, by mutual agreement of both parties parties, the impasse shall then be submitted to a special master under the Public Employees Relations Commission (PERC) guidelines. F. The articles of this Agreement will automatically be contained in successor Agreements except that for those items contained herein and proposed by either party for re-negotiation negotiation, which shall be subject to negotiations as provided in this article. G. All negotiations shall be in accordance with applicable Florida Statutes and PERC guidelines.

Appears in 1 contract

Samples: Instructional Contract

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