Common use of Impasse Procedure Clause in Contracts

Impasse Procedure. 5.1 If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee. 5.2 The 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 winning the toss having the right to strike a name 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 Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee. 5.4 The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 The costs 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 Board representative, the Association shall assume the expenses of the Association representative, and the expenses of the third member shall be shared equally by the Board and the association. 5.7 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Impasse Procedure. 5.1 1. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. The parties may mutually agree to extend impasse deadlines. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee. 5.2 2. The fact finding committee consisting of three shall consist of: (3a) members shall be formed. One (1) member shall be selected by the Association, and one (1) member shall be fact finder selected by the Board association with written notice given to the board within five (5) days. The third member shall be calendar days after the reaching of impasse; (b) one (1) fact finder selected by the first two board with written notice given to the association within five (25) members as follows: calendar days after the reaching of impasse. The parties shall notify bargaining spokespersons for the board and association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction that a Fact finder is needed and request for a list of five (5) potential fact finders. Within ten (10) days of being notified that a fact finder is needed, the State Superintendent of Public Instruction or designee shall provide the names of five potential fact finders selected at random from the list of appointees who are available to serve as a member and the chairperson of the committee. The parties shall select the fact finder from the five names. 3. Within five (5) calendar days of receipt of the list provided by the State SuperintendentSuperintendent of Public Instruction or designee, the bargaining spokespersons for the board and association shall select the fact finder. If no name on the list 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 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 4. Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee. 5.4 5. The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. The fact finding representative of the Board and the Association agree to request that rules be developed on the following procedures: (1) the date, time and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) posthearing committee meetings and procedures; (6) pre- and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standards of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the "fact finding convention agreement" shall be transmitted to the bargaining spokespersons for receipt no later than five (5) calendar days prior to the holding of the fact finding hearing. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 6. If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 7. If the effort to resolve differences is successful, the board and association shall draft a tentative negotiated agreement subject to final ratification or approval by each party. An original copy of such agreement, when duly ratified or approved by both parties, signed by the President and bargaining spokesperson for the Board and the President and bargaining spokesperson for the Association, dated and notarized, shall also be forwarded to the office of the State Superintendent of Public Instruction by the Board within fourteen (14) calendar days of its execution, with the Board providing a copy of the certified mail receipt to the Association. 8. If the effort to resolve differences is unsuccessful in whole or in part, the Board shall forward by certified mail to the office of the State Superintendent of Public Instruction its final disposition of the negotiations impasse process within thirty (30) calendar days of the effective date of the disposition's implementation, with the Board providing a copy of the certified mail receipt to the Association. 9. The costs for the services of the fact-finding factfinding committee, including per diem expenses expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the Board shall assume the expenses of the Board representative, the Association shall assume the expenses expense of the Association representative, and the expenses of the third member shall be shared equally by the Board and the associationAssociation. 5.7 10. The local Board shall file forward by certified mail a copy of the fact finding committee report with to the office of the State Superintendent of Public Instruction. If Instruction within fourteen (14) calendar days of its own receipt of such report and shall provide the effort to resolve differences is successful, the parties shall draft association a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition copy of the negotiations impasse process within thirty (30) days of the effective date of implementationcertified mail receipt.

Impasse Procedure. 5.1 1. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. The parties may mutually agree to extend impasse deadlines. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee. 5.2 2. The fact finding committee consisting of three shall consist of: (3a) members shall be formed. One (1) member shall be selected by the Association, and one (1) member shall be fact finder selected by the Board association with written notice given to the board within five (5) days. The third member shall be calendar days after the reaching of impasse; (b) one (1) fact finder selected by the first two board with written notice given to the association within five (25) members as follows: calendar days after the reaching of impasse. The parties shall notify bargaining spokespersons for the board and association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction that a Fact finder is needed and request for a list of five (5) potential fact finders. Within ten (10) days of being notified that a fact finder is needed, the State Superintendent of Public Instruction or designee shall provide the names of five potential fact finders selected at random from the list of appointees who are available to serve as a member and the chairperson of the committee. The parties shall select the fact finder from the five names. 3. Within five (5) calendar days of receipt of the list provided by the State SuperintendentSuperintendent of Public Instruction or designee, the bargaining spokespersons for the board and association shall select the fact finder. If no name on the list 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 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 4. Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee. 5.4 5. The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. The fact finding representative of the Board and the Association agree to request that rules be developed on the following procedures: (1) the date, time and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) posthearing committee meetings and procedures; (6) pre- and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standards of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the "fact finding convention agreement" shall be transmitted to the bargaining spokespersons for receipt no later than five (5) calendar days prior to the holding of the fact finding hearing. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 6. If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 The costs 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 Board representative, the Association shall assume the expenses of the Association representative, and the expenses of the third member shall be shared equally by the Board and the association. 5.7 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction7. If the effort to resolve differences is successful, the parties board and association shall draft a written tentative negotiated agreement subject to final ratification or approval by each party. An original copy of such agreement, when duly ratified or approved by both parties, signed by the President and present bargaining spokesperson for the agreement to both parties Board and the President and bargaining spokesperson for ratificationthe Association, dated and upon ratification such agreement notarized, shall also be forwarded to the office of the State SuperintendentSuperintendent of Public Instruction by the Board within fourteen (14) calendar days of its execution, with the Board providing a copy of the certified mail receipt to the Association. 8. If the effort to resolve differences is unsuccessfulunsuccessful in whole or in part, the Board shall forward by certified mail to the office of the State Superintendent in writing of Public Instruction its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.thirty

Impasse Procedure. 5.1 If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee. 5.2 The fact fact-finding committee consisting of three (3) members shall be formed. One 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 winning the toss having the right to strike a name from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact fact- finding committee. 5.3 Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee. 5.4 The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 The costs 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 Board representative, the Association shall assume the expenses of the Association representative, and the expenses of the third member shall be shared equally by the Board and the association. 5.7 The Board shall file a copy of the fact fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Impasse Procedure. 5.1 If negotiations are 1. In the event agreement is not successfully concluded by reached after thirty (30) days from the first day of schoolnegotiations meeting to exchange bargaining proposals, impasse shall exist. At any earlier time either party may declare impasse. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee. 5.2 The 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 winning the toss having have the right to strike request assistance of a name mediator from the list until only one name remainsFederal Mediation and Conciliation Service (FMCS), and such request shall be deemed a joint request. The person whose name remains on In the list will serve as event the chairperson services of a mediator are called upon, the fact finding committeemediation process shall last for a maximum of thirty (30) days unless mutually agreed otherwise. 5.3 Within five 2. Should the mediation process not produce agreement within thirty (530) days after the selection of the chairmandays, the representatives who have been negotiating for parties shall request the Board and for appointment of an arbitrator through the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee. 5.4 The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the American Arbitration Association. The parties shall meet within select an arbitrator according to the American Arbitration Association’s Voluntary Rules. 3. The arbitrator shall have the authority to hold hearings and to confer with the parties or their representatives in any manner he/she deems appropriate. The arbitrator shall transmit his/her written findings of fact and recommendations on the unresolved items at the earlies possible time to the negotiations teams. It is agreed by the parties that the recommendation of the arbitrator is not binding on either party except as set forth hereafter and is of an advisory nature only. Each party shall pay one half (1/2) the cost of the arbitrator. 4. Within seven (7) days of receipt of the request, unless both parties deem it unnecessary. At such meetingarbitrator’s findings of fact and recommendations, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable Association and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 The costs 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 both consider and vote on the expenses recommendations. The Board shall vote on the arbitrator’s recommendations in a public meeting and may reject them by a three-fifths (3/5) vote of the Board representative, the Association shall assume the expenses its total membership. All members of the Association representativewho are present at a meeting held for said purpose may vote on the arbitrator’s recommendations by secret, and the expenses written ballot. The recommendations may be rejected by a three-fifths (3/5) vote of the third member total membership of the Association. For purposes of this section, “membership of the Association” shall be shared equally defined as it is in ORC 4117.14 as interpreted by SERB. The tally and results of the Association’s vote shall be certified to the Board President in writing by the Board and the association. 5.7 The Board shall file a copy Association President within twenty-four (24) hours of the fact finding report with balloting. The ballots shall be retained by the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties Association for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.at least six

Impasse Procedure. 5.1 The impasse procedure shall be in accordance with applicable mandatory state statutes. The following includes the provisions of state statutes applicable to the impasse procedure in effect at the time of this agreement’s acceptance by the parties. In the event these statutory provisions are amended or repealed, the resulting mandatory language contained in the statute for resolving impasses shall be incorporated by reference and substituted A. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time time, either party may declare impasse. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee.. This committee shall consist of: 5.2 The fact finding committee consisting of three (3) members shall be formed1. One (1) One member who shall be selected by the Association, and one representatives of the organization within five (15) calendar days after the reaching of impasse; 2. One member who shall be selected by the Board within five (5) dayscalendar days after the reaching of impasse; and 3. The third One member who shall be selected by the first two members within fifteen (215) calendar days after selection of the other two members. The member selected by the first two members shall serve as follows: The parties chairperson of the committee. B. In order to facilitate the selection of the chairpersons, the head negotiators of Board and Association shall notify the State Superintendent of Public Instruction that a Fact finder is needed and request each submit a list of potential fact finders from the State Superintendentfive (5) names to be considered by both members. If no name on the list is agreeable first two members fail to both partiesagree upon any of the persons listed by the parties within the first ten (10) of the fifteen (15) calendar days, the two members will flip a coin toss shall occur with the party winning the toss having the right to strike determine who will begin striking a name from the list until only one name remains. The remains and that person whose name remains on the list will shall serve as the a chairperson of the fact finding committee. 5.3 C. Within five (5) days after the selection of the chairmanchairperson, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman chairperson and other members of the committee. 5.4 D. The chairman chairperson shall convene the committee for fact finding. This committee shall meet with the representatives representative of both parties. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 The costs 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 Board representative, the Association shall assume the expenses of the Association representative, and the expenses of the third member shall be shared equally by the Board and the association. 5.7 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.twenty

Impasse Procedure. 5.1 1. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. The parties may mutually agree to extend impasse deadlines. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee. 5.2 2. The fact finding committee consisting of three shall consist of: (3a) members shall be formed. One (1) member shall be selected by the Association, and one (1) member shall be fact finder selected by the Board association with written notice given to the board within five (5) days. The third member shall be calendar days after the reaching of impasse; (b) one (1) fact finder selected by the first two board with written notice given to the association within five (25) members as follows: calendar days after the reaching of impasse. The parties shall notify bargaining spokespersons for the board and association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction that a Fact finder is needed and request for a list of five (5) potential fact finders. Within ten (10) days of being notified that a fact finder is needed, the State Superintendent of Public Instruction or designee shall provide the names of five potential fact finders selected at random from the list of appointees who are available to serve as a member and the chairperson of the committee. The parties shall select the fact finder from the five names. 3. Within five (5) calendar days of receipt of the list provided by the State SuperintendentSuperintendent of Public Instruction or designee, the bargaining spokespersons for the board and association shall select the fact finder. If no name on the list 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 from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact fact-finding committee. 5.3 4. Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee. 5.4 5. The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. The fact finding representative of the Board and the Association agree to request that rules be developed on the following procedures: (1) the date, time and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) posthearing committee meetings and procedures; (6) pre- and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standards of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the "fact finding convention agreement" shall be transmitted to the bargaining spokespersons for receipt no later than five (5) calendar days prior to the holding of the fact-finding hearing. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 6. If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 7. If the effort to resolve differences is successful, the board and association shall draft a tentative negotiated agreement subject to final ratification or approval by each party. An original copy of such agreement, when duly ratified or approved by both parties, signed by the President and bargaining spokesperson for the Board and the President and bargaining spokesperson for the Association, dated and notarized, shall also be forwarded to the office of the State Superintendent of Public Instruction by the Board within fourteen (14) calendar days of its execution, with the Board providing a copy of the certified mail receipt to the Association. 8. If the effort to resolve differences is unsuccessful in whole or in part, the Board shall forward by certified mail to the office of the State Superintendent of Public Instruction its final disposition of the negotiations impasse process within thirty (30) calendar days of the effective date of the disposition's implementation, with the Board providing a copy of the certified mail receipt to the Association. 9. The costs for the services of the fact-finding factfinding committee, including per diem expenses expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: the Board shall assume the expenses of the Board representative, the Association shall assume the expenses expense of the Association representative, and the expenses of the third member shall be shared equally by the Board and the associationAssociation. 5.7 10. The local Board shall file forward by certified mail a copy of the fact fact-finding committee report with to the office of the State Superintendent of Public Instruction. If Instruction within fourteen (14) calendar days of its own receipt of such report and shall provide the effort to resolve differences is successful, the parties shall draft association a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition copy of the negotiations impasse process within thirty (30) days of the effective date of implementationcertified mail receipt.

Impasse Procedure. 5.1 A. If negotiations are not successfully concluded by the first day of school, impasse shall exist, unless the time limit for negotiations has been extended by mutual agreement of the parties. At any earlier time time, either party may declare impasse. Upon Prior to reaching of impasseimpasse or upon reaching impasse and upon mutual agreement, the parties may request the services of the Federal Mediation and Conciliation Service. B. If the mediation process has been utilized and has failed to bring about agreement on all items causing (or if mediation was not used), the impasse unresolved items shall be referred submitted to a threefact-member committee.finding as follows: 5.2 The fact 1. A fact-finding committee consisting of three (3) members shall be formed. One (1) One member shall be selected by the Association, representative of the Association and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first These two (2) members as follows: The parties shall will notify the State Superintendent of Public Instruction that a Fact fact-finder is needed and request needed. Within ten (10) days of being notified that a fact-finder is needed, the State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact fact-finders selected at random from a list of appointees who are available to serve as a member and the chairperson of the committee. The parties shall select the fact-finder from the State Superintendentfive names within fifteen (15) days after receiving the list of fact-finders. If no name on the list is agreeable to both partiesrepresentative of the Board and the representative of the Association cannot agree upon a name, there shall be a coin toss. The winner of the toss shall occur with decide whether to strike a name first or to have the party winning loser of the toss having strike a name first from the right to strike list. The two representatives shall then continue alternately striking a name from the list until only one name remains. The That person whose name remains on the list will shall then be named to serve as the chairperson of the fact fact-finding committee. 5.3 2. Within five (5) days after the selection of the chairmana chairperson, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman chairperson and other members of the committee. Each item being submitted to fact-finding shall show the last position taken by each negotiating team. 5.4 3. The chairman cost for the services of the fact-finding committee, including the per diem expenses, if any, and actual and necessary travel expenses of the third party chairperson shall be shared equally by the Board and the Association. 4. The fact-finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given the opportunity to present its case with supporting evidence. 5. The chairperson shall convene the committee for fact fact-finding. This The committee shall meet with the representatives of both parties. Within twenty (20) days after the chairman chairperson is selected, the committee shall present written recommendations to the local Board and to the Association. 5.5 6. If either party decides it must reject any one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendationsrecommendation, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.6 The costs 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 Board representative, the Association shall assume the expenses of the Association representative, and the expenses of the third member shall be shared equally by the Board and the association. 5.7 7. The Board shall file a copy of the fact fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State SuperintendentSuperintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of the implementation.