Bargaining Process. At any time within the 12 months immediately preceding expiry of the term of this Collective Agreement, either party may serve notice on the other of its intention to commence discussions regarding the process by which the Agreement might be renewed. At any time following the commencement of such discussions, either party may apply to the Associate Chair in charge of the Labour Relations Board's Dispute Resolution Division and request the appointment of a Mediation Officer to assist the parties in resolving any differences between them regarding the matter of a bargaining process.
Bargaining Process. 1. Negotiations for a successor Agreement shall begin with a “Notice to Negotiate” filed with the other party to this agreement and with the State Employment Relations Board between March 1 and March 30 (dates may be adjusted if mutually agreed). Following such notice the parties shall meet within ten (10) days, or at a mutually agreed time to determine the dates and ground rules for the upcoming negotiations. Negotiations for the successor Agreement will begin no later than the first full week in May. The parties will meet at mutually agreed upon times. Neither party shall be permitted to bring up any additional issues or proposals following the initial exchange of issues/proposals, except by mutual agreement of both parties.
2. The following alternate dispute settlement procedure shall replace ORC 4117.14(C) (2) through 4117.14(D) (1) as provided for under O.R.C. 4117(C) in the negotiations for a successor Agreement. In the event agreement is not reached after forty-five (45) days from the onset of negotiations or until the Association and Board declare that an impasse has been reached concerning unresolved proposals under negotiation, either party shall have the right to request the assistance of a Mediator from the Federal Mediation and Conciliation Service (FMCS) and such request shall be deemed a joint request. The parties agree to meet at the call of the mediator assigned. The mediation process shall last for a minimum of thirty (30) days or until the expiration date of the Agreement, whichever is less. If settlement has not been reached, the Association will have the option of exercising available rights outlines in ORC 4117.14(D) (2). Both parties agree that this mediation procedure is the final step in negotiations.
Bargaining Process. A. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. However, notwithstanding the above, in the event of a change in the law affecting the terms of this Agreement, the parties agree to negotiate about the effect of such change.
B. Negotiations on a successor Agreement shall begin upon written notice of either party at least sixty (60) prior to the expiration of this Agreement.
C. Neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. The parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concessions in the course of negotiations.
D. Representatives of the Employer and the Association may meet, during the term of this Agreement, for the purpose of discussing matters of mutual concern. These meetings are not intended to by-pass the grievance procedure or to constitute negotiations. Any such meeting shall be held outside employee work hours unless otherwise agreed to by the Employer.
E. This Agreement supersedes any rules, regulations, or practices of the Board which shall be contrary to or inconsistent terms contained in any individual contract heretofore executed between members of the bargaining unit and the Board of Education. Any individual contract with a bargaining unit member hereinafter executed shall be expressly subject to and consistent with the terms of this or subsequent agreements executed by the parties. This Agreement shall be controlling should any individual contract contain any language which is inconsistent with this Agreement.
F. If a...
Bargaining Process. 1. Either the Association or the Board may initiate negotiations by letter of submission forwarded by the Association to the Superintendent or by the Superintendent to the President of the Association. In the absence of the Superintendent, requests shall be submitted directly to the Board President. The letter of submission must be forwarded to the other party by April 15 of the year in which this Agreement expires.
2. The parties shall hold their first negotiation session by May 1, unless a mutually satisfactory earlier or later date is agreed upon. At the initial session, the parties will exchange their complete proposals. Each proposal shall fully set forth that to which agreement is sought. Submission of topical listings will not be permitted. After the initial session, proposals on new issues may not be submitted, except by mutual agreement.
3. Each negotiating team may consist of no more than seven (7) persons, one of whom may be a consultant or attorney. Either party may use a consultant or attorney as spokesperson for its team. No substitutes will be permitted without the consent of the other party. Prior to the completion of each negotiation session, a mutually agreeable time, place and date shall be set for the next negotiation session.
4. When the parties reach a complete tentative agreement the Agreement shall be presented to the Association for its approval. Upon ratification by the Association, the Agreement will be presented to the Board for adoption.
5. Unless otherwise mutually agreed by the parties, all costs and expenses, including payment of consultants, shall be borne by the party incurring the cost or expense.
Bargaining Process. See AFA/APFA/AA Negotiations Protocol Agreement.
Bargaining Process. 1. Negotiations for an American JCBA shall commence no later than sixty (60) days after the AFA membership has ratified this Agreement and the December 18, 2013 AFA/APFA Agreement for Bargaining and Representation. Such referendum shall be completed within forty (40) days of reaching this Agreement.
2. Negotiations for an American JCBA shall continue for no more than one hundred and fifty (150) additional days from the commencement of negotiations unless all parties agree otherwise. AFA, APFA and the Company shall agree to a schedule of negotiation dates which shall include an average of ten (10) days per month of actual negotiations. The number of days may be adjusted per agreement of all parties.
3. The parties shall have the goal, where feasible, of using a process for reaching a tentative American JCBA via an “adopt-and-go” method (that is, selecting specific entire sections to the extent possible). Nothing in this Agreement shall require retention or improvement upon, or prevent modification of, any particular section or provision of either the CLA or the USA CBA in the American JCBA.
4. The parties shall use mediation to reach a tentative American JCBA and shall jointly request that Xxx XxXxxxxx be appointed by the NMB as a facilitator for the negotiations. Should Xxx XxXxxxxx be unavailable, the parties shall mutually agree on an alternative.
5. If a tentative American JCBA is reached, it shall be put to a ratification vote of the combined Flight Attendant membership. If the tentative American JCBA is not ratified or if a tentative American JCBA is not reached, any outstanding disputes, including, but not limited to disputes regarding economic valuation, shall be submitted to final and binding interest arbitration in accordance with paragraph B, below, with the exception of disputes arising under paragraph B.5.b., below. The hearing shall begin within ninety (90) days of the submission. Prior to arbitration, the parties shall utilize mediation.
Bargaining Process. The following general methodology is preferred by the Association and the District. It is a modified Interest Based Bargaining process which includes the development of norms and a unique process designed to reach agreement, in a mutually understanding and respectful environment. With this in mind, the following is the agreed upon process.
1. Negotiation updates will be mutually developed at the conclusion of each negotiation session and released to all constituents. Additionally, each group is authorized to communicate in greater detail the contents of negotiation sessions with their respective executive leadership team (Association to DNTA Executive Board and Board of Directors and the District to the Board of Trustees and Superintendent’s Cabinet).
2. Confidentiality will be maintained except for communications allowed in the above.
3. It is each negotiating team’s responsibility to check the process.
4. Issue committees may be used (all group norms apply).
5. Consensus process will be the decision making model (“If you can live with it”).
6. Caucus only as a last resort (use as a communication device, not a strategy).
7. Focus on solutions and try to avoid worst case scenarios dictating a solution.
8. No outsiders will be included in negotiations, unless by mutual consent.
9. Open access to valid information will be assumed. No surprises or “gotchas”.
10. All parties desire that the district remains solvent.
11. Establish reasonable timelines for negotiations and intervention.
12. A set of negotiation minutes will be the official record for the meeting and will be viewed and agreed to at the beginning of the next meeting.
13. Team members all have participation rights and shall assert them.
14. Hard on issues, soft on people.
15. All interests are important.
16. All interests or norm rules may be changed or waived by mutual agreement at any time. Typical Bargaining Session
1. Not seated as teams.
2. Select facilitator, recorder.
3. Review norms if needed.
1. Review minutes of previous meeting.
Bargaining Process. A. The City and collective bargaining unit shall each specify a bargaining team. The bargaining team for the City shall generally consist of:
1. City Administrator (Chief Negotiator)
2. Chief of Police, or designee
3. Staff Support Person
a) The City bargaining members may vary based upon the needs of the chief negotiator.
B. Ground rules for the conduct of the collective bargaining sessions shall be agreed upon as soon as practical after the initial bargaining meeting.
C. The City shall bargain in good faith. This will ensure that oral arguments made during negotiations are reflected in written documents.
D. At the successful conclusion of a bargaining session a contract or agreement (whichever is appropriate) will be prepared. The contract or agreement will be signed by the City Manager, the Mayor, the chairperson for the Personnel Committee, the Chief of Police or his/her designee (for the City) and by members of the collective bargaining unit team (for the collective bargaining unit).
E. Dissemination of written agreements between the City and the collective bargaining units to members of the respective collective bargaining units shall be done in accordance with the policies of the bargaining unit.
F. Department General Orders and procedures shall be reviewed and amended, if necessary, to coincide with the terms of the new agreement.
Bargaining Process. During the negotiations that resulted in this Agreement, each party had unlimited right and opportunity to make demands and proposals regarding any subject or matter not removed by law from the area of collective bargaining. All of the understandings and Agreements arrived at by the parties are set forth in this Agreement.
Bargaining Process.
10.1. The bargaining team for negotiations will be made up of at least one representative from management and two or three representatives from the bargaining unit. Each person who participates in bargaining must have training in the Interest Based Bargaining (IBB) process. It is recommended that three members of the bargaining unit be trained. At least two trained bargaining unit members and one management representative must be present at each bargaining session. The bargaining team shall make every effort to complete negotiations in a timely manner, not to exceed eight weeks.
