Common use of Impasse Procedures Clause in Contracts

Impasse Procedures. 1. If fifty (50) calendar days before the expiration of the existing Contract the parties are unable to reach an agreement, either party may request the State Employ-ment Relations Board (SERB) to intervene. The request shall set forth the names and addresses of the parties, the issues involved, and the expiration date of the Contract. 2. If an impasse exists forty-five (45) calendar days before the expiration of the Contract, SERB shall appoint a mediator to assist the parties in the bargaining process. 3. If after assisting the parties the mediator advises SERB that the parties have reached an impasse, or not later than thirty-one (31) calendar days prior to the expiration of the Contract, SERB shall appoint within one (l) calendar day a fact-finding panel of not more than three (3) members who have been selected by the parties in accordance with rules established by SERB and from a list of qualified persons maintained by SERB. a. The fact-finding panel shall, in accordance with the rules and procedures established by SERB that include the regulation of costs and expenses of fact- finding, gather facts and make recommendations for the resolution of the matter. SERB shall by its rules require each party to specify in writing the unresolved issues and its position on each issue to the fact-finding panel. The fact-finding panel shall make final recommendations as to all the unresolved issues. b. SERB may continue mediation, order the parties to engage in collective bargaining until the expiration date of the Contract, or both. 4. The following guidelines apply to fact-finding: a. The fact-finding panel may establish times and places of hearings which shall be, where feasible, in the jurisdiction of the State. b. The fact-finding panel shall conduct the hearing pursuant to rules established by SERB. c. Upon request of the fact-finding panel, SERB shall issue subpoenas for hearings conducted by the panel. d. The fact-finding panel may administer oaths. e. SERB shall prescribe guidelines to follow for the fact-finding panel in making findings. In making its recommendations, the fact-finding panel shall take into consideration those applicable factors listed in Division (G) (7) (a) to (f) of ORC 4117. f. The fact-finding panel may attempt mediation at any time during the fact- finding process. From the time of appointment until the fact-finding panel makes a final recommendation, it shall not discuss the recommendations for settlement of the dispute with the parties other than the direct parties to the dispute. 5. The fact-finding panel, acting by a majority of its members, shall transmit its findings of fact and recommendations on the unresolved issues to the Board, to the Association, and to SERB no later than fourteen (14) calendar days after the appointment of the fact-finding panel unless the parties mutually agree to an extension. The State shall pay one-half (1/2) the cost of the fact-finding panel. The parties each shall pay one-half (1/2) of the remaining costs. 6. Not later than seven (7) calendar days after the findings and recommendations are sent, the Board, by a three-fifths (3/5) vote of its total membership, and the Association, by a three-fifths (3/5) vote of its total membership, may reject the recommendations; if neither rejects the recommendations, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted and a Contract shall be executed between the parties, including the fact-finding panel's recommendations except as otherwise modified by the parties by mutual agreement. If either the Board or the Association rejects the recommendations, SERB shall publicize the findings of the fact and recommendations of the fact-finding panel. SERB shall adopt rules governing the procedures and methods for the Association to vote on the recommendations of the fact-finding panel. 7. If the parties are unable to reach agreement within seven (7) calendar days after the publication of findings and recommendations from the fact-finding panel or the contract has expired, then the Association shall have the right to strike under ORC 4117, provided that the Association has given a ten (10) calendar day prior written notice of an intent to strike to the Board and to SERB; however, SERB, at its discretion, may attempt mediation at any time.

Impasse Procedures. 1. If If, fifty (50) calendar days before the expiration of the existing Contract Agreement, the parties are unable to reach an agreement, either party may request the State Employ-ment Employment Relations Board (SERB) to intervene. The request shall set forth the names and addresses of the parties, the issues involved, and the expiration date of the ContractAgreement. 2. If an impasse exists forty-five (45) calendar days before the expiration of the ContractAgreement, SERB shall appoint a mediator to assist the parties in the bargaining process. 3. If the mediator after assisting the parties the mediator advises SERB that the parties have reached an impasse, or not later than thirty-one (31) calendar days prior to the expiration of the Contractagreement, SERB shall appoint within one (l1) calendar day a fact-finding panel of not more than three (3) members who have been selected by the parties in accordance with rules established by SERB and SERB, from a list of qualified persons maintained by SERB. a. The fact-finding panel shall, in accordance with the rules and procedures established by SERB that include the regulation of costs and expenses of fact- fact-finding, gather facts and make recommendations for the resolution of the matter. SERB shall by its rules require each party to specify in writing the unresolved issues and its position on each issue to the fact-finding panel. The fact-finding panel shall make final recommendations as to all the unresolved issues. b. SERB may continue mediation, order the parties to engage in collective bargaining until the expiration date of the ContractAgreement, or both. 4. The following guidelines apply to fact-finding: a. The fact-finding panel may establish times and places of hearings which shall be, where feasible, in the jurisdiction of the State. b. The fact-finding panel shall conduct the hearing pursuant to the rules established by SERB. c. Upon request of the fact-finding panel, SERB shall issue subpoenas for hearings conducted by the panel. d. The fact-finding panel may administer oaths. e. SERB shall prescribe guidelines to follow for the fact-finding panel to follow in making findings. In making its recommendations, the fact-finding panel shall take into consideration those applicable factors listed in Division Divisions (G) (7G)(7) (a) to (f) of ORC 4117Section 4117.14 of the Ohio Revised Code. f. The fact-finding panel may attempt mediation at any time during the fact- fact-finding process. From the time of appointment until the fact-finding panel makes a final recommendation, it shall not discuss the recommendations for settlement of the dispute with the parties other than with the direct parties to the dispute. 5. The fact-finding panel, acting by a majority of its members, shall transmit its findings of fact and recommendations on the unresolved issues to the Board, to the Association, and to SERB no later than fourteen (14) calendar days after the appointment of the fact-finding panel unless the parties mutually agree to an extension. The State shall pay one-half (1/2) the cost of the fact-finding panel. The parties each shall pay one-half (1/2) of the remaining costs. 6. Not later than seven (7) calendar days after the findings and recommendations are sent, the Board, by a three-fifths (3/5) vote of its total membership, and the Association, by a three-fifths (3/5) vote of its total membership, may reject the recommendations; if neither rejects the recommendations, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted and a Contract shall be executed between the parties, including the fact-finding panel's recommendations except as otherwise modified by the parties by mutual agreement. If either the Board or the Association rejects the recommendations, SERB shall publicize the findings of the fact and recommendations of the fact-finding panel. SERB shall adopt rules governing the procedures and methods for the Association to vote on the recommendations of the fact-finding panel. 7. If the parties are unable to reach agreement within seven (7) calendar days after the publication of findings and recommendations from the fact-finding panel or the contract has expired, then the Association shall have the right to strike under ORC 4117, provided that the Association has given a ten (10) calendar day prior written notice of an intent to strike to the Board and to SERB; however, SERB, at its discretion, may attempt mediation at any time.

Impasse Procedures. 1. If If, fifty (50) calendar days before the expiration of the ofthe existing Contract agreement, the parties are unable to reach an agreement, either party may request the State Employ-ment Employment Relations Board (SERB) to intervene. The request shall set forth the names and addresses of the parties, the issues involved, and the expiration date of the ContractAgreement. 2. If an impasse exists forty-five (45) calendar ealendar days before the expiration of the Contractofthe Agreement, SERB shall appoint a mediator to assist the parties in the bargaining process. 3. If the mediator after assisting the parties the mediator advises SERB that the parties have reached an impasse, or not later than thirty-one (31) calendar days prior to the expiration of the Contractagreement, SERB shall appoint within one (l1) calendar day a fact-finding panel of not more than three (3) members who have been selected by the parties in accordance with rules established by SERB and SERB, from a list of qualified persons maintained by SERB. a. The fact-finding panel shall, in accordance with the rules and procedures established by SERB that include the regulation of costs and expenses of fact- fact-finding, gather facts and make recommendations for the resolution of the matter. SERB shall shall, by its rules rules, require each party to specify in writing the unresolved issues and its position on each issue to the fact-finding panel. The fact-finding panel shall make final recommendations as to all the unresolved issues. b. SERB may continue mediation, order the parties to engage in collective bargaining until the expiration date of the ContractAgreement, or both. 4. The following guidelines apply to fact-finding: a. The fact-finding panel may establish times and places of hearings which shall be, where feasible, in the jurisdiction of the State. b. The fact-finding panel shall conduct the hearing pursuant to the rules established by SERB. c. Upon request of the fact-finding panel, SERB shall issue subpoenas for hearings conducted by the panel. d. The fact-finding panel may administer oaths. e. SERB shall prescribe guidelines to follow for the fact-finding panel to follow in making findings. In making its recommendations, the fact-finding panel shall take into consideration those applicable factors listed in Division Divisions (G) (7G)(7) (a) to - (f) of ORC Ohio Revised Code 4117. f. The fact-finding panel may attempt mediation at any time during the fact- fact-finding process. From the time of appointment until the fact-finding panel makes a final recommendation, it shall not discuss the recommendations for settlement of the dispute with the parties other than the with direct parties to the dispute. 5. The fact-finding panel, acting by a majority of its members, shall transmit its findings of fact and recommendations on the unresolved issues to the Board, to Board and the Association, Association and to SERB no later than fourteen (14) calendar days after the appointment of the fact-finding panel panel, unless the parties mutually agree to an extension. The State shall pay one-half (1/2) the cost of the fact-finding panel. The parties each shall pay one-half (1/2) of the remaining costs. 6. Not later than seven (7) calendar days after the findings and recommendations are sent, the Board, Board by a three-fifths (3/5) vote of its total membership, and the Association, 's membership by a three-fifths (3/5) vote of its total membership, may reject the recommendations; if . If neither rejects the recommendations, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted and a Contract an Agreement shall be executed between the parties, including the fact-finding panel's recommendations except as otherwise modified by the parties by mutual agreement. If either the Board or the Association rejects the recommendations, SERB shall publicize the findings of the fact and recommendations of the fact-finding panel. SERB shall adopt rules governing the procedures and methods for the Association to vote on the recommendations of the fact-finding panel. 7. If the parties are unable imable to reach agreement within seven (7) calendar days after the publication of findings and recommendations from fi’om the fact-finding panel or the contract Agreement has expired, then the Association shall have the right to strike under ORC 4117Chapter 4117 of the Ohio Revised Code, provided that the Association has given a ten (10) calendar day prior written notice of an intent to strike to the Board and to SERB; however, SERB, at its discretion, may attempt mediation at any time.

Impasse Procedures. 1. If fifty (50) calendar days before the expiration of the existing Contract the parties are unable to reach an agreement, either party may request the State Employ-ment Employment Relations Board (SERB) to intervene. The request shall set forth the names and addresses of the parties, the issues involved, and the expiration date of the Contract. 2. If an impasse exists forty-five (45) calendar days before the expiration of the Contract, SERB shall appoint a mediator to assist the parties in the bargaining process. 3. If after assisting the parties the mediator advises SERB that the parties have reached an impasse, or not later than thirty-one (31) calendar days prior to the expiration of the Contract, SERB shall appoint within one (l) calendar day a fact-finding panel of not more than three (3) members who have been selected by the parties in accordance with rules established by SERB and from a list of qualified persons maintained by SERB. a. The fact-finding panel shall, in accordance with the rules and procedures established by SERB that include the regulation of costs and expenses of fact- findingfactfinding, gather facts and make recommendations for the resolution of the matter. SERB shall by its rules require each party to specify in writing the unresolved issues and its position on each issue to the fact-finding panel. The fact-finding panel shall make final recommendations as to all the unresolved issues. b. SERB may continue mediation, order the parties to engage in collective bargaining until the expiration date of the Contract, or both. 4. The following guidelines apply to fact-finding: a. The fact-finding panel may establish times and places of hearings which that shall be, where feasible, in the jurisdiction of the State. b. The fact-finding panel shall conduct the hearing pursuant to rules established by SERB. c. Upon request of the fact-finding panel, SERB shall issue subpoenas for hearings conducted by the panel. d. The fact-finding panel may administer oaths. e. SERB shall prescribe guidelines to follow for the fact-finding panel in making findings. In making its recommendations, the fact-finding panel shall take into consideration those applicable factors listed in Division (G) (7) (a) to (f) of ORC 4117. f. The fact-finding panel may attempt mediation at any time during the fact- finding factfinding process. From the time of appointment until the fact-finding panel makes a final recommendation, it shall not discuss the recommendations for settlement of the dispute with the parties other than the direct parties to the dispute. 5. The fact-finding panel, acting by a majority of its members, shall transmit its findings of fact and recommendations on the unresolved issues to the Board, to the Association, and to SERB no later than fourteen (14) calendar days after the appointment of the fact-finding panel unless the parties mutually agree to an extension. The State shall pay one-half (1/2) the cost of the fact-finding panel. The parties each shall pay one-half (1/2) of the remaining costs. 6. Not later than seven (7) calendar days after the findings and recommendations are sent, the Board, by a three-fifths (3/5) vote of its total membership, and the Association, by a three-fifths (3/5) vote of its total membership, may reject the recommendations; if neither rejects the recommendations, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted and a Contract shall be executed between the parties, including the fact-finding panel's recommendations except as otherwise modified by the parties by mutual agreement. If either the Board or the Association rejects the recommendations, SERB shall publicize the findings of the fact and recommendations of the fact-fact- finding panel. SERB shall adopt rules governing the procedures and methods for the Association to vote on the recommendations of the fact-finding panel. 7. If the parties are unable to reach agreement within seven (7) calendar days after the publication of findings and recommendations from the fact-finding panel or the contract has expired, then the Association shall have the right to strike under ORC 4117, provided that the Association has given a ten (10) calendar day prior written notice of an intent to strike to the Board and to SERB; however, SERB, at its discretion, may attempt mediation at any time.

Impasse Procedures. 1. If If, fifty (50) calendar days before the expiration of the existing Contract agreement, the parties are unable to reach an agreement, either party may request the State Employ-ment Employment Relations Board (SERB) to intervene. The request shall set forth the names and addresses of the parties, the issues involved, and the expiration date of the ContractAgreement. 2. If an impasse exists forty-five (45) calendar days before the expiration of the ContractAgreement, SERB shall appoint a mediator to assist the parties in the bargaining process. 3. If the mediator after assisting the parties the mediator advises SERB that the parties have reached an impasse, or not later than thirty-one (31) calendar days prior to the expiration of the Contractagreement, SERB shall appoint within one (l1) calendar day a fact-finding panel of not more than three (3) members who have been selected by the parties in accordance with rules established by SERB and SERB, from a list of qualified persons maintained by SERB. a. The fact-finding panel shall, in accordance with the rules and procedures established by SERB that include the regulation of costs and expenses of fact- fact-finding, gather facts and make recommendations for the resolution of the matter. SERB shall shall, by its rules rules, require each party to specify in writing the unresolved issues and its position on each issue to the fact-finding panel. The fact-finding panel shall make final recommendations as to all the unresolved issues. b. SERB may continue mediation, order the parties to engage in collective bargaining until the expiration date of the ContractAgreement, or both. 4. The following guidelines apply to fact-finding: a. The fact-finding panel may establish times and places of hearings which shall be, where feasible, in the jurisdiction of the State. b. The fact-finding panel shall conduct the hearing pursuant to the rules established by SERB. c. Upon request of the fact-finding panel, SERB shall issue subpoenas for hearings conducted by the panel. d. The fact-finding panel may administer oaths. e. SERB shall prescribe guidelines to follow for the fact-finding panel to follow in making findings. In making its recommendations, the fact-finding panel shall take into consideration those applicable factors listed in Division Divisions (G) (7G)(7) (a) to - (f) of ORC Ohio Revised Code 4117. f. The fact-finding panel may attempt mediation at any time during the fact- fact-finding process. From the time of appointment until the fact-finding panel makes a final recommendation, it shall not discuss the recommendations for settlement of the dispute with the parties other than the with direct parties to the dispute. 5. The fact-finding panel, acting by a majority of its members, shall transmit its findings of fact and recommendations on the unresolved issues to the Board, to Board and the Association, Association and to SERB no later than fourteen (14) calendar days after the appointment of the fact-finding panel panel, unless the parties mutually agree to an extension. The State parties shall pay one-half (1/2) share equally the cost of the fact-fact- finding panel. The parties each shall pay one-half (1/2) of the remaining costs. 6. Not later than seven (7) calendar days after the findings and recommendations are sent, the Board, Board by a three-fifths (3/5) vote of its total membership, and the Association, 's membership by a three-fifths (3/5) vote of its total membership, may reject the recommendations; if . If neither rejects the recommendations, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted and a Contract an Agreement shall be executed between the parties, including the fact-finding panel's recommendations except as otherwise modified by the parties by mutual agreement. If either the Board or the Association rejects the recommendations, SERB shall publicize the findings of the fact and recommendations of the fact-finding panel. SERB shall adopt rules governing the procedures and methods for the Association to vote on the recommendations of the fact-finding panel. 7. If the parties are unable to reach agreement within seven (7) calendar days after the publication of findings and recommendations from the fact-finding panel or the contract Agreement has expired, then the Association shall have the right to strike under ORC 4117Chapter 4117 of the Ohio Revised Code, provided that the Association has given a ten (10) calendar day prior written notice of an intent to strike to the Board and to SERB; however, SERB, at its discretion, may attempt mediation at any time.

Impasse Procedures. 1. If If, fifty (50) calendar days before the expiration of the existing Contract agreement, the parties are unable to reach an agreement, either party may request the State Employ-ment Employment Relations Board (SERB) to intervene. The request shall set forth the names and addresses of the parties, the issues involved, and the expiration date of the ContractAgreement. 2. If an impasse exists forty-five (45) calendar days before the expiration of the ContractAgreement, SERB shall appoint a mediator to assist the parties in the bargaining process. 3. If the mediator after assisting the parties the mediator advises SERB that the parties have reached an impasse, or not later than thirty-one (31) calendar days prior to the expiration of the Contractagreement, SERB shall appoint within one (l1) calendar day a fact-finding panel of not more than three (3) members who have been selected by the parties in accordance with rules established by SERB and SERB, from a list of qualified persons maintained by SERB. a. The fact-finding panel shall, in accordance with the rules and procedures established by SERB that include the regulation of costs and expenses of fact- fact-finding, gather facts and make recommendations for the resolution of the matter. SERB shall shall, by its rules rules, require each party to specify in writing the unresolved issues and its position on each issue to the fact-finding panel. The fact-finding panel shall make final recommendations as to all the unresolved issues. b. SERB may continue mediation, order the parties to engage in collective bargaining until the expiration date of the ContractAgreement, or both. 4. The following guidelines apply to fact-finding: a. The fact-finding panel may establish times and places of hearings which shall be, where feasible, in the jurisdiction of the State. b. The fact-finding panel shall conduct the hearing pursuant to the rules established by SERB. c. Upon request of the fact-finding panel, SERB shall issue subpoenas for hearings conducted by the panel. d. The fact-finding panel may administer oaths. e. SERB shall prescribe guidelines to follow for the fact-finding panel to follow in making findings. In making its recommendations, the fact-finding panel shall take into consideration those applicable factors listed in Division Divisions (G) (7G)(7) (a) to - (f) of ORC Ohio Revised Code 4117. f. The fact-finding panel may attempt mediation at any time during the fact- fact-finding process. From the time of appointment until the fact-finding panel makes a final recommendation, it shall not discuss the recommendations for settlement of the dispute with the parties other than the with direct parties to the dispute. 5. The fact-finding panel, acting by a majority of its members, shall transmit its findings of fact and recommendations on the unresolved issues to the Board, to Board and the Association, Association and to SERB no later than fourteen (14) calendar days after the appointment of the fact-finding panel panel, unless the parties mutually agree to an extension. The State parties shall pay one-half (1/2) share equally the cost of the fact-fact- finding panel. The parties each shall pay one-half (1/2) of the remaining costs. 6. Not later than seven (7) calendar days after the findings and recommendations are sent, the Board, Board by a three-fifths (3/5) vote of its total membership, and the Association, 's membership by a three-fifths (3/5) vote of its total membership, may reject the recommendations; if . If neither rejects the recommendations, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted and a Contract an Agreement shall be executed between the parties, including the fact-finding panel's recommendations except as otherwise modified by the parties by mutual agreement. If either the Board or the Association rejects the recommendations, SERB shall publicize the findings of the fact and recommendations of the fact-fact- finding panel. SERB shall adopt rules governing the procedures and methods for the Association to vote on the recommendations of the fact-finding panel. 7. If the parties are unable to reach agreement within seven (7) calendar days after the publication of findings and recommendations from the fact-finding panel or the contract Agreement has expired, then the Association shall have the right to strike under ORC 4117Chapter 4117 of the Ohio Revised Code, provided that the Association has given a ten (10) calendar day prior written notice of an intent to strike to the Board and to SERB; however, SERB, at its discretion, may attempt mediation at any time.

Impasse Procedures. 1. If If, fifty (50) calendar days before the expiration of the existing Contract agreement, the parties are unable to reach an agreement, either party may request the State Employ-ment Employment Relations Board (SERB) to intervene. The request shall set forth the names and addresses of the parties, the issues involved, and the expiration date of the ContractAgreement. 2. If an impasse exists forty-five (45) calendar days before the expiration of the ContractAgreement, SERB shall appoint a mediator to assist the parties in the bargaining process. 3. If the mediator after assisting the parties the mediator advises SERB that the parties have reached an impasse, or not later than thirty-one (31) calendar days prior to the expiration of the Contractagreement, SERB shall appoint within one (l1) calendar day a fact-finding panel of not more than three (3) members who have been selected by the parties in accordance with rules established by SERB and SERB, from a list of qualified persons maintained by SERB. a. The fact-finding panel shall, in accordance with the rules and procedures established by SERB that include the regulation of costs and expenses of fact- fact-finding, gather facts and make recommendations for the resolution of the matter. SERB shall shall, by its rules rules, require each party to specify in writing the unresolved issues and its position on each issue to the fact-finding panel. The fact-finding panel shall make final recommendations as to all the unresolved issues. b. SERB may continue mediation, order the parties to engage in collective bargaining until the expiration date of the ContractAgreement, or both. 4. The following guidelines apply to fact-finding: a. The fact-finding panel may establish times and places of hearings which shall be, where feasible, in the jurisdiction of the State. b. The fact-finding panel shall conduct the hearing pursuant to the rules established by SERB. c. Upon request of the fact-finding panel, SERB shall issue subpoenas for hearings conducted by the panel. d. The fact-finding panel may administer oaths. e. SERB shall prescribe guidelines to follow for the fact-finding panel to follow in making findings. In making its recommendations, the fact-finding panel shall take into consideration those applicable factors listed in Division Divisions (G) (7G)(7) (a) to - (f) of ORC Ohio Revised Code 4117. f. The fact-finding panel may attempt mediation at any time during the fact- fact-finding process. From the time of appointment until the fact-finding panel makes a final recommendation, it shall not discuss the recommendations for settlement of the dispute with the parties other than the with direct parties to the dispute. 5. The fact-finding panel, acting by a majority of its members, shall transmit its findings of fact and recommendations on the unresolved issues to the Board, to Board and the Association, Association and to SERB no later than fourteen (14) calendar days after the appointment of the fact-finding panel panel, unless the parties mutually agree to an extension. The State shall pay one-half (1/2) the cost of the fact-finding panel. The parties each shall pay one-half (1/2) of the remaining costs. 6. Not later than seven (7) calendar days after the findings and recommendations are sent, the Board, Board by a three-fifths (3/5) vote of its total membership, and the Association, 's membership by a three-fifths (3/5) vote of its total membership, may reject the recommendations; if . If neither rejects the recommendations, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted and a Contract an Agreement shall be executed between the parties, including the fact-finding panel's recommendations except as otherwise modified by the parties by mutual agreement. If either the Board or the Association rejects the recommendations, SERB shall publicize the findings of the fact and recommendations of the fact-finding panel. SERB shall adopt rules governing the procedures and methods for the Association to vote on the recommendations of the fact-finding panel. 7. If the parties are unable to reach agreement within seven (7) calendar days after the publication of findings and recommendations from the fact-finding panel or the contract Agreement has expired, then the Association shall have the right to strike under ORC 4117Chapter 4117 of the Ohio Revised Code, provided that the Association has given a ten (10) calendar day prior written notice of an intent to strike to the Board and to SERB; however, SERB, at its discretion, may attempt mediation at any time.