Common use of Duration and Negotiation Procedure Clause in Contracts

Duration and Negotiation Procedure. Section 1. The effective date of this Agreement shall be August 19, 2019. Except as changes, amendments or supplements may be mutually agreed to during its term, this Agreement shall continue in full force and effect until 11:59 p.m. on August 18, 2022, and from year to year thereafter unless either party shall, at least one hundred twenty (120) days but not more than one hundred thirty-five (135) days prior to the expiration date or any anniversary thereof, notify the other party in writing of its desire to amend or terminate this Agreement. In the event that such notice is given, the parties agree to meet within ten (10) days. A. The parties hereby adopt the following mutually agreed upon and exclusive procedure and provisions for negotiations and dispute resolution with respect to negotiations for a new or amended agreement conducted pursuant to Section 1 hereof. B. The Association and the University shall each select its own core bargaining committee of not more than five (5) members. The Association and the University will exchange, in writing, the names of the members of their respective core bargaining committees on or before the date of the first negotiation session. Further, each side will designate a chief negotiator and advise the other party of such designation in writing. C. In the event that either the University or the Association plan to bring any additional resource people to a negotiating session, at least twenty-four (24) hours' notice of such intention shall be given to the other party. Each party will normally be represented by not more than five (5) persons, inclusive of resource persons, at any negotiating session. D. Negotiation sessions will be conducted as frequently as the parties determine. If either party is unable to attend the scheduled session, at least twenty-four (24) hours' notice of said intention shall be given to the other party. E. All negotiating sessions will be held at a mutually agreed upon site at the University. The University will provide a meeting room for negotiations and will provide to the Association a locked caucus room for meetings and storage for the duration of negotiations near the negotiations site. The University will discuss the location of this caucus and storage room with the Association prior to negotiations and will provide the room to the Association at no charge. F. Each negotiating team has authority to negotiate tentative agreements. The tentative agreement shall be subject to ratification by the Association membership, and subject to the approval of the Board of Trustees of the University. Any tentative agreements reached shall be drafted and initialed by both parties, but shall not become effective until a full contract is finally approved and executed. G. It is the intent of both parties that negotiations be conducted at the bargaining table and not through the media. Media is understood to include both traditional media (e.g., newspapers, television, radio, etc.) and social media (e.g., Facebook, Twitter, etc.). If both parties mutually agree that a joint statement to the media regarding negotiations is necessary or advisable, such must be mutually acceptable and shall be jointly released. Each party has the right to make periodic progress reports to the party's constituencies, though such reports shall be truthful and designed to be informative of the bargaining process. H. The parties will include a provision in the ground rules concerning how notes of the bargaining sessions will be recorded. A. At any time, either party may declare an impasse and invite mediation assistance by the Federal Mediation and Conciliation Service (FMCS). Each party shall cooperate fully with FMCS. The parties will continue to bargain in good faith (with or without FMCS assistance). If impasse is declared and mediation assistance requested during the course of the negotiations, then fact- finding on non-governance issues may also be requested by either party no earlier than fourteen (14) days nor later than twenty-eight (28) days from the date of the first mediated negotiation session attended by the federal mediator. B. Within ten (10) days after fact-finding is requested, the parties shall confer in an attempt to mutually agree upon a neutral to serve as a fact-finder. If the parties are unable to mutually agree to a fact-finder, then the party declaring impasse and requesting fact-finding shall request a panel of five fact-finders from the State Employment Relations Board. If the parties cannot mutually agree on a fact-finder, the fact-finder shall be selected by the alternate strike method referenced in Article VII of this Agreement. The purpose of the fact-finding process is to facilitate the negotiation process with the goal of reaching final agreement on unresolved non-governance issues. Each party shall cooperate fully with the fact-finder. The fact-finder will be responsible for evaluating all relevant, probative information submitted by the parties on issues subject to fact-finding and issuing a written report which finds on the facts and assists the parties in resolving such issues. The fact-finder's report is not binding. The parties shall continue to negotiate in good faith during and after the fact-finding process (with or without FMCS assistance). C. In the event either party has requested fact-finding, such fact-finding should commence within one week of the date of the request. The fact-finder will issue a written report to the respective parties no later than three (3) weeks after fact-finding was requested. In order to facilitate the parties' use of the fact-finder's report in reaching final agreement, the report and its contents will be restricted to the use of the parties' negotiating teams and their respective advisory bodies during the seven (7) day period following receipt by the parties. At this time, the contents of the fact-finder's report may be made public by either party. The deadlines for the fact-finding process may be extended by mutual written agreement of both parties. D. It is the intent of both parties that fact-finding exclude governance issues that are peculiar to a university setting. Consequently, fact-finding shall be limited to the Articles entitled Recognition and Dues Deduction (Article II of this Agreement), Retrenchment (Article X), Salary (Article XII), Medical Benefits (Article XIII), Other Benefits (Article XIV), Faculty Fitness for Duty (Article XV), No Strike No Lockout (Article XVI), Association Rights (Article XVII), Duration and Negotiations Procedure (Article XXIV), those portions of the Article entitled Faculty Workload (Article IX) which relate to compensation and those portions of the Article entitled Miscellaneous (Article XXIII) which do not relate to governance issues or academic policy. By prior written mutual agreement, both parties may elect to include other items in the fact-finding process. E. In the event that the parties are unable to reach an agreement ten (10) days prior to the expiration of the existing Agreement, then either party shall have the right to proceed in accordance with Ohio Revised Code (ORC), Chapter 4117, such right being modified by future changes, if any, to the Ohio Revised Code. F. The process set forth in this Section 3 shall constitute the parties’ sole dispute resolution procedure and there shall be no other third party intervention, including those procedures set forth in O.R.C. Section 4117.14 unless both parties subsequently agree otherwise in writing. G. Should no agreement be reached by August 1, 2022, then the University shall issue continuation contracts to members of the bargaining unit who are being employed for the following academic year, which continuation contracts shall be at the same salary and benefit levels and subject to the same terms and conditions as were in effect during the preceding academic year. This Agreement, including Articles XII, XIII, and XIV and the continuation contracts, shall continue in full force and effect until terminated in accordance with the above Section 1. It is specifically agreed and understood that should such continuation contracts be issued, there is no guarantee that any eventual agreement on salary and benefit levels will be retroactive. Section 4. The parties by this Agreement have set forth their entire understanding on all matters which are or may properly be subject to collective bargaining. Furthermore, all matters subject to collective bargaining have been bargained upon whether or not such matters are included and they may not be made the subject of collective bargaining during the term of the Agreement.

Duration and Negotiation Procedure. Section 1. The effective date of this Agreement shall be August 19, 20192015. Except as changes, amendments or supplements may be mutually agreed to during its term, this Agreement shall continue in full force and effect until 11:59 p.m. on August 18, 20222018, and from year to year thereafter unless either party shall, at least one hundred twenty (120) days but not more than one hundred thirty-five (135) days prior to the expiration date or any anniversary thereof, notify the other party in writing of its desire to amend or terminate this Agreement. In the event that such notice is given, the parties agree to meet within ten (10) days. A. The parties hereby adopt the following mutually agreed upon and exclusive procedure and provisions for negotiations and dispute resolution with respect to negotiations for a new or amended agreement conducted pursuant to Section 1 hereof. B. The Association and the University shall each select its own core bargaining committee of not more than five (5) members. The Association and the University will exchange, in writing, the names of the members of their respective core bargaining committees on or before the date of the first negotiation session. Further, each side will designate a chief negotiator and advise the other party of such designation in writing. C. In the event that either the University or the Association plan to bring any additional resource people to a negotiating session, at least twenty-four (24) hours' notice of such intention shall be given to the other party. Each party will normally be represented by not more than five (5) persons, inclusive of resource persons, at any negotiating session. D. Negotiation sessions will be conducted as frequently as the parties determine. If either party is unable to attend the scheduled session, at least twenty-four (24) hours' notice of said intention shall be given to the other party. E. All negotiating sessions will be held at a mutually agreed upon site at the University. The University will provide a meeting room for negotiations and will provide to the Association a locked caucus room for meetings and storage for the duration of negotiations near the negotiations site. The University will discuss the location of this caucus and storage room with the Association prior to negotiations and will provide the room to the Association at no charge. F. Each negotiating team has authority to negotiate tentative agreements. The tentative agreement shall be subject to ratification by the Association membership, and subject to the approval of the Board of Trustees of the University. Any tentative agreements reached shall be drafted and initialed by both parties, but shall not become effective until a full contract is finally approved and executed. G. It is the intent of both parties that negotiations be conducted at the bargaining table and not through the media. Media is understood to include both traditional media (e.g., newspapers, television, radio, etc.) and social media (e.g., Facebook, Twitter, etc.). If both parties mutually agree that a joint statement to the media regarding negotiations is necessary or advisable, such must be mutually acceptable and shall be jointly released. Each party has the right to make periodic progress reports to the party's constituencies, though such reports shall be truthful and designed to be informative of the bargaining process. H. The parties will include a provision in the ground rules concerning how notes of the bargaining sessions will be recorded. A. At any time, either party may declare an impasse and invite mediation assistance by the Federal Mediation and Conciliation Service (FMCS). Each party shall cooperate fully with FMCS. The parties will continue to bargain in good faith (with or without FMCS assistance). If impasse is declared and mediation assistance requested during the course of the negotiations, then fact- fact-finding on non-governance issues may also be requested by either party no earlier than fourteen (14) days nor later than twenty-eight (28) days from the date of the first mediated negotiation session attended by the federal mediator. B. Within ten (10) days after fact-finding is requested, the parties shall confer in an attempt to mutually agree upon a neutral to serve as a fact-finder. If the parties are unable to mutually agree to a fact-finder, then the party declaring impasse and requesting The fact-finding shall request a panel of five fact-finders from the State Employment Relations Board. If the parties cannot mutually agree on a fact-finder, the fact-finder shall be selected conducted by the alternate strike method referenced in Article VII of this Agreement. mediator assigned by FMCS or by some other third party mutually acceptable to the University and the Association. B. The purpose of the fact-finding process is to facilitate the negotiation process with the goal of reaching final agreement on unresolved non-governance issues. Each party shall cooperate fully with the fact-finder. The fact-finder will be responsible for evaluating all relevant, probative information submitted by the parties on issues subject to fact-finding and issuing a written report which finds on the facts and assists the parties in resolving such issues. The fact-finder's report is not binding. The parties shall continue to negotiate in good faith during and after the fact-finding process (with or without FMCS assistance). C. In the event either party has requested fact-finding, such fact-finding should commence within one week of the date of the request. The fact-finder will issue a written report to the respective parties no later than three (3) weeks after fact-finding was requested. In order to facilitate the parties' use of the fact-finder's report in reaching final agreement, the report and its contents will be restricted to the use of the parties' negotiating teams and their respective advisory bodies during the seven (7) day period following receipt by the parties. At this time, the contents of the fact-finder's report may be made public by either party. The deadlines for the fact-finding process may be extended by mutual written agreement of both parties. D. It is the intent of both parties that fact-finding exclude governance issues that are peculiar to a university setting. Consequently, fact-finding shall be limited to the Articles entitled Recognition and Dues Deduction (Article II of this Agreement), Retrenchment (Article X), Salary (Article XII), Medical Benefits (Article XIII), Other Benefits (Article XIV), Faculty Fitness for Duty (Article XV), No Strike No Lockout (Article XVI), Association Rights (Article XVII), Duration and Negotiations Procedure (Article XXIV), those portions of the Article entitled Faculty Workload (Article IX) which relate to compensation and those portions of the Article entitled Miscellaneous (Article XXIII) which do not relate to governance issues or academic policy. By prior written mutual agreement, both parties may elect to include other items in the fact-finding process. E. In the event that the parties are unable to reach an agreement ten (10) days prior to the expiration of the existing Agreement, then either party shall have the right to proceed in accordance with Ohio Revised Code (ORC), Chapter 4117, such right being modified by future changes, if any, to the Ohio Revised Code. F. The process set forth in this Section 3 shall constitute the parties’ sole dispute resolution procedure and there shall be no other third party intervention, including those procedures set forth in O.R.C. Section 4117.14 unless both parties subsequently agree otherwise in writing. G. Should no agreement be reached by August 1, 2022, then the University shall issue continuation contracts to members of the bargaining unit who are being employed for the following academic year, which continuation contracts shall be at the same salary and benefit levels and subject to the same terms and conditions as were in effect during the preceding academic year. This Agreement, including Articles XII, XIII, and XIV and the continuation contracts, shall continue in full force and effect until terminated in accordance with the above Section 1. It is specifically agreed and understood that should such continuation contracts be issued, there is no guarantee that any eventual agreement on salary and benefit levels will be retroactive. Section 4. The parties by this Agreement have set forth their entire understanding on all matters which are or may properly be subject to collective bargaining. Furthermore, all matters subject to collective bargaining have been bargained upon whether or not such matters are included and they may not be made the subject of collective bargaining during the term of the Agreement.

Duration and Negotiation Procedure. Section 1. The effective date of this Agreement shall be the August 19, 20192012. Except as changes, amendments or supplements may be mutually agreed to during its term, this Agreement shall continue in full force and effect until 11:59 p.m. midnight on August 18, 20222015, and from year to year thereafter unless either party shall, at least one hundred twenty (120) days but not more than one hundred thirty-five (135) days prior to the expiration date or any anniversary thereof, notify the other party in writing of its desire to amend or terminate this Agreement. In the event that such notice is given, the parties agree to meet within ten (10) days. A. The parties hereby adopt the following mutually agreed upon and exclusive procedure and provisions for negotiations and dispute resolution with respect to negotiations for a new or amended agreement conducted pursuant to Section 1 hereof. B. The Association and the University shall each select its own core bargaining committee of not more than five (5) members. The Association and the University will exchange, in writing, the names of the members of their respective core bargaining committees on or before the date of the first negotiation session. Further, each side will designate a chief negotiator and advise the other party of such designation in writing. C. In the event that either the University or the Association plan to bring any additional resource people to a negotiating session, at least twenty-four (24) hours' notice of such intention shall be given to the other party. Each party will normally be represented by not more than five (5) persons, inclusive of resource persons, at any negotiating session. D. Negotiation sessions will be conducted as frequently as the parties determine. If either party is unable to attend the scheduled session, at least twenty-four (24) hours' notice of said intention shall be given to the other party. E. All negotiating sessions will be held at a mutually agreed upon site at the University. The University will provide a meeting room for negotiations and will provide to the Association a locked caucus room for meetings and storage for the duration of negotiations near the negotiations site. The University will discuss the location of this caucus and storage room with the Association prior to negotiations and will provide the room to the Association at no charge. F. Each negotiating team has authority to negotiate tentative agreements. The tentative agreement shall be subject to ratification by the Association membership, and subject to the approval of the Board of Trustees of the University. Any tentative agreements reached shall be drafted and initialed by both parties, but shall not become effective until a full contract is finally approved and executed. G. It is the intent of both parties that negotiations be conducted at the bargaining table and not through the media. Media is understood to include both traditional media (e.g., newspapers, television, radio, etc.) and social media (e.g., Facebook, Twitter, etc.). If both parties mutually agree that a joint statement to the media regarding negotiations is necessary or advisable, such must be mutually acceptable and shall be jointly released. Each party has the right to make periodic progress reports to the party's constituencies, though such reports shall be truthful and designed to be informative of the bargaining process. H. The parties will include a provision in the ground rules concerning how notes of the bargaining sessions will be recorded. A. At any time, either party may declare an impasse and invite mediation assistance by the Federal Mediation and Conciliation Service (FMCS). Each party shall cooperate fully with FMCS. The parties will continue to bargain in good faith (with or without FMCS assistance). If impasse is declared and mediation assistance requested during the course of the negotiations, then fact- finding on non-governance issues may also be requested by either party no earlier than fourteen (14) days nor later than twenty-eight (28) days from the date of the first mediated negotiation session attended by the federal mediator. B. Within ten (10) days after fact-finding is requested, the parties shall confer in an attempt to mutually agree upon a neutral to serve as a fact-finder. If the parties are unable to mutually agree to a fact-finder, then the party declaring impasse and requesting fact-finding shall request a panel of five fact-finders from the State Employment Relations Board. If the parties cannot mutually agree on a fact-finder, the fact-finder shall be selected by the alternate strike method referenced in Article VII of this Agreement. The purpose of the fact-finding process is to facilitate the negotiation process with the goal of reaching final agreement on unresolved non-governance issues. Each party shall cooperate fully with the fact-finder. The fact-finder will be responsible for evaluating all relevant, probative information submitted by the parties on issues subject to fact-finding and issuing a written report which finds on the facts and assists the parties in resolving such issues. The fact-finder's report is not binding. The parties shall continue to negotiate in good faith during and after the fact-finding process (with or without FMCS assistance). C. In the event either party has requested fact-finding, such fact-finding should commence within one week of the date of the request. The fact-finder will issue a written report to the respective parties no later than three (3) weeks after fact-finding was requested. In order to facilitate the parties' use of the fact-finder's report in reaching final agreement, the report and its contents will be restricted to the use of the parties' negotiating teams and their respective advisory bodies during the seven (7) day period following receipt by the parties. At this time, the contents of the fact-finder's report may be made public by either party. The deadlines for the fact-finding process may be extended by mutual written agreement of both parties. D. It is the intent of both parties that fact-finding exclude governance issues that are peculiar to a university setting. Consequently, fact-finding shall be limited to the Articles entitled Recognition and Dues Deduction (Article II of this Agreement), Retrenchment (Article X), Salary (Article XII), Medical Benefits (Article XIII), Other Benefits (Article XIV), Faculty Fitness for Duty (Article XV), No Strike No Lockout (Article XVI), Association Rights (Article XVII), Duration and Negotiations Procedure (Article XXIV), those portions of the Article entitled Faculty Workload (Article IX) which relate to compensation and those portions of the Article entitled Miscellaneous (Article XXIII) which do not relate to governance issues or academic policy. By prior written mutual agreement, both parties may elect to include other items in the fact-finding process. E. In the event that the parties are unable to reach an agreement ten (10) days prior to the expiration of the existing Agreement, then either party shall have the right to proceed in accordance with Ohio Revised Code (ORC), Chapter 4117, such right being modified by future changes, if any, to the Ohio Revised Code. F. The process set forth in this Section 3 shall constitute the parties’ sole dispute resolution procedure and there shall be no other third party intervention, including those procedures set forth in O.R.C. Section 4117.14 unless both parties subsequently agree otherwise in writing. G. Should no agreement be reached by August 1, 2022, then the University shall issue continuation contracts to members of the bargaining unit who are being employed for the following academic year, which continuation contracts shall be at the same salary and benefit levels and subject to the same terms and conditions as were in effect during the preceding academic year. This Agreement, including Articles XII, XIII, and XIV and the continuation contracts, shall continue in full force and effect until terminated in accordance with the above Section 1. It is specifically agreed and understood that should such continuation contracts be issued, there is no guarantee that any eventual agreement on salary and benefit levels will be retroactive. Section 4. The parties by this Agreement have set forth their entire understanding on all matters which are or may properly be subject to collective bargaining. Furthermore, all matters subject to collective bargaining have been bargained upon whether or not such matters are included and they may not be made the subject of collective bargaining during the term of the Agreement.fourteen

Duration and Negotiation Procedure. Section 1. The effective date of this This Agreement shall be August 19effective upon the ratification of the same by the BGSU-FA’s membership and approved by the University’s Board of Trustees, 2019. Except as changes, amendments or supplements may be mutually agreed to during its term, this Agreement and shall continue in full force and effect until 11:59 p.m. 12:01 a.m. on August 18May 1, 20222016, upon which time the second contract will become effective through 12:01 a.m. on July 1, 2016 (the expiration date), and will continue from year to year thereafter unless either party shall, at least one hundred twenty notifies the other in writing not less than ninety (120) days but not more than one hundred thirty-five (13590) days prior to the expiration date (or any subsequent annual anniversary thereof, notify of such date) that a modification or termination of this Agreement is desired. Should either party to this Agreement serve such notice upon the other party party, the University and the BGSU-FA will meet for the purpose of negotiation and will commence consideration of proposed changes or modification to the Agreement not less than seventy-five (75) days prior to the expiration date of the Agreement (or subsequent annual anniversary of such date). Such negotiations shall be in writing of its desire to amend or terminate this Agreementaccordance with Section 2, below, except that the University and BGSU-FA agree in advance that, if available, Mr. Xxxxxx Xxxxx shall be the mediator/fact-finder for these negotiations. 2. In the event that such either party provides timely notice is givenof a desire to terminate or modify this Agreement, in accordance with Section 1 above, the parties agree following terms and procedures shall apply to meet within ten (10) days. A. The parties hereby adopt the following mutually agreed upon and exclusive procedure and provisions for ‘Parties’ negotiations and dispute resolution with respect to negotiations for a new or amended agreement conducted pursuant to Section 1 hereofresolution. B. 2.1. The Association University and the University BGSU-FA shall each select its own core collective bargaining committee of not more than five six (56) members, including one Chief Negotiator for each side. The Association and the University will exchange, in writing, the names of the members of their respective core bargaining committees on or before the date of the first negotiation session. Further, each side will designate a chief negotiator and advise the other party of such designation in writing. C. In the event that either the University or the Association BGSU-FA plan to bring any additional resource people to a negotiating session, at least twenty-–four (24) hours' ’ notice of such intention shall be given to the other party. Each party will normally be represented by not more than five seven (57) persons, inclusive of resource persons, at any negotiating session. D. 2.2. Negotiation sessions will be conducted as frequently as the parties determine, consistent with each party’s obligation to negotiate in good faith. If either party is unable to attend the a scheduled session, at least twenty-four (24) hours' ’ notice of said intention shall be given to the other party, unless twenty-four (24) hours’ notice is impracticable due to exigent circumstances, in which case notice shall be given as soon as practicable. E. 2.3. All negotiating sessions will be held at a location on campus mutually agreed upon site at upon, the Universitychosen location shall have facilities such that the parties can meet jointly and meet separately. 2.4. The University Each party will provide a meeting room an electronic copy and sufficient written copies of its proposals and other materials for negotiations and will provide everyone anticipated to the Association a locked caucus room for meetings and storage for the duration of negotiations near the negotiations site. The University will discuss the location of this caucus and storage room with the Association prior to negotiations and will provide the room to the Association at no chargebe present. F. 2.5. Each negotiating team has will have the authority to negotiate tentative agreements. The tentative agreement agreements shall be subject to ratification by the Association membership, BGSU-FA membership and subject to the approval of the Board of Trustees of the UniversityBoard. Any tentative agreements reached shall be drafted and initialed by both partiesthe Chief Negotiators, but shall not become effective until a full contract is finally approved and executedexecuted unless otherwise agreed between the Parties as to specific issues. G. It 2.6. All negotiations will be done in private in accordance with Ohio Revised Code Section 4117.21. 2.7. Each side is responsible for taking its own notes during negotiations. There will be no recordings, official minutes, mechanical, stenographic or verbatim notes of the intent sessions permitted. 2.8. Each party agrees that each committee shall have the right to caucus upon request, providing the committee requesting the caucus advises the other committee of both parties that the expected length of the requested caucus. 2.9. The two (2) Chief Negotiators may meet in private to review progress of negotiations and to explore alternatives which may be conducted fruitful at the bargaining table table. 2.10. This section constitutes the parties’ sole and not through exclusive mutually agreed dispute (MAD) settlement procedure. The Parties agree to utilize the media. Media is understood to include both traditional media (e.g.statutory dispute settlement procedure as set forth in Ohio Revised Code § 4117.14, newspapers, television, radio, etc.) and social media (e.g., Facebook, Twitter, etc.). If both parties mutually agree that a joint statement except with respect to the media regarding negotiations is necessary or advisable, such must be mutually acceptable and shall be jointly releasedfollowing: 2.10.1. Each party has the right to make periodic progress reports to the party's constituencies, though such reports shall be truthful and designed to be informative of the bargaining process. H. The parties will include a provision in the ground rules concerning how notes of the bargaining sessions will be recorded. A. At any time, either party may declare an impasse and invite mediation assistance by That the Federal Mediation and Conciliation Service (FMCS). Each party shall cooperate fully with FMCS. The parties ) will continue to bargain be used in good faith (with or without FMCS assistance). If impasse is declared and mediation assistance requested during the course lieu of the negotiations, then fact- finding on non-governance issues may also be requested a mediator selected by either party no earlier than fourteen (14) days nor later than twenty-eight (28) days from the date of the first mediated negotiation session attended by the federal mediator. B. Within ten (10) days after fact-finding is requested, the parties shall confer in an attempt to mutually agree upon a neutral to serve as a fact-finder. If the parties are unable to mutually agree to a fact-finder, then the party declaring impasse and requesting fact-finding shall request a panel of five fact-finders from the State Employment Relations Board; 2.10.2. That fact finding may be initiated by either side at any time after mediation is attempted and after the parties have mediated in good faith for at least thirty (30) days; 2.10.3. If fact finding is requested by either side the parties cannot mutually agree on Parties shall request from SERB a fact-list of fact finders (unless the Parties have previously agreed to a fact finder, the fact-who has agreed to serve consistent with this MAD) and a fact finder shall be selected by the alternate strike method referenced in Article VII within two (2) weeks of this Agreement. The purpose receipt of the fact-list of fact finders from SERB utilizing the procedures in Ohio Revised Code § 4117.14; 2.10.4. That the fact finding process is to facilitate the negotiation process with the goal of reaching final agreement on unresolved non-governance issues. Each party shall cooperate fully with the fact-finder. The fact-finder will be responsible for evaluating all relevant, probative information submitted by the parties on issues subject to fact-finding and issuing a written report which finds on the facts and assists the parties in resolving such issues. The fact-finder's report is not binding. The parties shall continue to negotiate in good faith during and after the fact-finding process (with or without FMCS assistance). C. In the event either party has requested fact-finding, such fact-finding should commence within one week of the date of the request. The fact-finder will issue a written report to the respective parties no later than three (3) weeks after fact-finding was requested. In order to facilitate the parties' use of the fact-finder's report in reaching final agreement, the report and its contents will be restricted to the use of the parties' negotiating teams and their respective advisory bodies during the seven (7) day period following receipt by the parties. At this time, the contents of the fact-finder's report may be made public by either party. The deadlines for the fact-finding process may be extended by mutual written agreement of both parties. D. It is the intent of both parties that fact-finding exclude governance issues that are peculiar to a university setting. Consequently, fact-finding hearing shall be limited to the Articles entitled Recognition and Dues Deduction (Article II of this Agreement), Retrenchment (Article X), Salary (Article XII), Medical Benefits (Article XIII), Other Benefits (Article XIV), Faculty Fitness for Duty (Article XV), No Strike No Lockout (Article XVI), Association Rights (Article XVII), Duration and Negotiations Procedure (Article XXIV), those portions of the Article entitled Faculty Workload (Article IX) which relate to compensation and those portions of the Article entitled Miscellaneous (Article XXIII) which do not relate to governance issues or academic policy. By prior written mutual agreement, both parties may elect to include other items in the fact-finding process. E. In the event that the parties are unable to reach an agreement ten (10) days prior to the expiration of the existing Agreement, then either party shall have the right to proceed conducted in accordance with Ohio Revised Code (ORC)§ 4117.14, Chapter 4117, such right being modified by future changes, if any, to the Ohio Revised Code. F. The process set forth in this Section 3 shall constitute the parties’ sole dispute resolution procedure and there shall be no other third party intervention, including those procedures set forth in O.R.C. Section 4117.14 unless both parties subsequently agree otherwise in writing. G. Should no agreement be reached by August 1, 2022, then the University shall issue continuation contracts to members of the bargaining unit who are being employed for the following academic year, which continuation contracts shall be at the same salary and benefit levels and subject to the same terms and conditions as were in effect during provisions of this Agreement; 2.10.5. That the preceding academic year. This Agreement, including Articles XII, XIII, and XIV and the continuation contracts, fact finding hearing shall continue in full force and effect until terminated in accordance with the above Section 1. It is specifically agreed and understood that should such continuation contracts be issued, there is no guarantee that any eventual agreement on salary and benefit levels will be retroactive. Section scheduled within four (4. The parties by this Agreement have set forth their entire understanding on all matters which are or may properly be subject to collective bargaining. Furthermore, all matters subject to collective bargaining have been bargained upon whether or not such matters are included and they may not be made the subject of collective bargaining during the term ) weeks of the Agreement.appointment of the fact finder by SERB; and 2.10.6. That the rejection deadline date for any fact finder’s report shall occur the later of (1) fourteen (14) calendar days following said report’s delivery; or