Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school.
5.2 Within three (3) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service.
5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows:
5.3.1 A fact-finding committee consisting of three (3) members shall be formed. One
(1) member shall be selected by USPA and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committee.
5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding.
5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team.
5.3.4 The cost for the services of the fact-finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, USPA shall assume the expenses of the representative selected by their organization, and the expenses of the third member shall be shared equally by the Board and USPA.
5.3.5 The fac...
Impasse. If notice has been given in accordance with the preceding sections and the parties have not been able to agree upon terms of a new Agreement within thirty (30) days prior to expiration date of this Agreement, either party may institute impasse procedures in accordance with the rule of the Public Employment Relations Board. Once the impasse procedures have been invoked, this Agreement shall remain in full force and effect until the conclusion of the impasse process.
Impasse. Disagreement, a deadlock on a given item being negotiated. Impasse is reached when no further change of position by the members of the negotiations teams is taking place and agreement is not reached.
Impasse. 5.1 If negotiations are not successfully concluded (all items have been tentatively agreed upon) by the first day of school, an impasse shall exist. Additionally, an impasse will be declared if either party fails to ratify the contract upon their first vote. At any earlier time following the initial negotiation session, either party may declare an impasse, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school.
5.2 Within two (2) days of such declaration, the parties shall request the services of the Federal Mediation and Conciliation Service. If such services are available within twenty (20) days they will be utilized. If not available within twenty (20) days, mediation will be used only by mutual agreement.
5.3 If the mediation process has been utilized and has failed to bring about agreement on all items or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows:
5.3.1 A fact finding committee consisting of three (3) members shall be formed. One
(1) member shall be selected by the Association, and one (1) member shall be selected by the Board, within five (5) days. The third member shall be selected by the first two
(2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of potential fact finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party losing the toss striking a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact finding committee.
5.3.2 The committee shall meet with the Board’s representatives and with the Association’s representatives for the purpose of fact finding.
5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team.
5.3.4 The cost for the services of the fact finding committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the Board shall...
Impasse. If notice has been given in accordance with the preceding sections and the parties have not been able to agree upon terms of a new Agreement, either party may institute impasse procedures according to Chapter 10.7, Article 9, section 3548 of the Government Code. Once impasse procedures have been invoked, this Agreement shall remain in full force and effect until the conclusion of the impasse process.
Impasse. In the event that either party declares negotiations to be at an impasse, the parties mutually agree to call upon and meet with a representative of the Federal Mediation and Conciliation Service for the purpose of mediation. Any cost for the use of such mediation service shall be shared equally by the parties.
Impasse. If agreement is not reached on all items prior to August 1, either party may declare that an impasse has been reached. Prior to August 1, if further negotiations appear unproductive, impasse procedures shall be as follows:
Impasse. If agreement is not reached by thirty (30) days prior to the expiration of the agreement, either party may request that the Federal Mediation and Conciliation Service (hereinafter “FMCS”) provide a mediator to assist the parties. The mediator shall serve fifteen (15) days unless mutually extended by the parties. If deemed appropriate by the mediator, the mediator may make a recommendation for settlement. The negotiating procedure set forth in this Article supersedes and takes precedence over any inconsistent time limits or procedure set forth in Section 4117.14 of the Ohio Revised Code, which statutory time limits and procedure are hereby mutually waived. Mediation constitutes the parties mutually agreed upon final and exclusive dispute settlement procedures set forth in Section 4117.14 of the Ohio Revised Code. This Article does not diminish or preclude the legal right to strike, provided that the procedures herein have been followed, mediation has been attempted, the collective bargaining agreement has expired, and the Union has given the Board and the State Employment Relations Board a ten day prior written notice of intent to strike.
Impasse the condition when the representatives of the Employer and Union have, after a thorough exchange of views in bargaining about negotiable matters, been unable to arrive at a mutually agreeable resolution of their differences.
Impasse. If no agreement has been reached by April 15 as a result of good faith negotiations, either party may declare an impasse and the issues in dispute shall be submitted to mediation/arbitration. The American Arbitration Association (AAA) shall be requested to furnish a list of five (5) mediator/arbitrators from which the parties shall select a mediator/arbitrator in accordance with AAA rules. The format, dates and times of meetings shall be conducted in closed sessions. The costs for the services of the mediator/arbitrator, including per diem expenses, if any, and actual and necessary travel expenses and subsistence, shall be shared equally by the District and the Association. The mediator/arbitrator shall first attempt to resolve the dispute through the mediation process. Should this process fail, that person shall then function as the arbitrator of the issues remaining in dispute. Within ten
