Common use of Impasse Procedures Clause in Contracts

Impasse Procedures. ‌ A. Within five days after the selection of the chairperson, the committees who have been negotiating for the District and for the Association shall meet to exchange written language on each item at impasse. B. The chairperson shall convene the committee for fact-finding. This committee shall meet with the negotiations committees of both parties. During these meetings each party shall be given the opportunity to present its case with supporting evidence. Each party may elect to invite individuals not on the negotiations committees to attend these meetings in order to supply pertinent information. Within twenty (20) days after the chairperson is selected, the fact- finding committee shall present written recommendations to the clerk of the Board of Education, to the Superintendent, to the President of the Association and to the chief negotiators for the two parties. These recommendations shall include supporting reasons and rationale. C. All meetings of the fact-finding committee shall be conducted in closed session. The fact-finding committee may elect to invite individuals not on the negotiating committees to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or more of the fact-finding committee’s recommendations, said party must, within seven (7) days after this committee has presented its recommendations, request that the negotiations committees for the District and for the Association meet to try to resolve the items not agreed upon. The parties shall meet within seven (7) days of the request, unless both parties deem it necessary. At such meeting, the chief negotiators shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiations committees 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. E. 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 such agreement shall also be forwarded to the State Superintendent of Public Instruction. F. Time limits set forth herein may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the fact-finding committee shall be a decision of the Board of Education. H. The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. The Association shall not strike or threaten to strike as a means of resolving differences with the Board of Education. Any employee engaging in a strike shall be denied the full amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representative.

Impasse Procedures. ‌1. An impasse occurs after both parties have considered the proposals and counter proposals of the other party in good faith and when, despite such diligent efforts, no agreement can be reached on the subject being negotiated. During the course of negotiations, the respective committees shall make every good faith effort to reach agreement on all issues before invoking the following procedure. A. Within five 2. If after a reasonable period of negotiation, and within ninety (90) days before the scheduled start of the upcoming school year, the parties engaged in collective bargaining have reached impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) to initiate mediation or request a mediator through the Federal Mediation and Conciliation Service. 3. When an impasse is declared, or the IELRB invokes mediation, the parties shall seek to agree upon a mediator. If the parties fail to reach agreement within seven (7) calendar days, the parties will select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a mediator within ten (10) calendar days after the selection of the chairpersonbeing so requested, the committees who have been negotiating for parties will select a mediator from a list to be supplied by the District and for the Association shall meet to exchange written language on each item at impasseAmerican Arbitration Association. B. The chairperson shall convene 4. Once a mediator has been appointed or selected, the committee for fact-finding. This committee shall mediator will meet with the negotiations committees parties or their representatives, or both, forthwith, either jointly or separately, and will take such Levels, as the mediator may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator will not, without the consent of both parties, make findings of fact or recommend terms of a settlement. During these meetings each Any time after fifteen (15) days of mediation, either party shall or the mediator may initiate the public posting process. Initiation of the public posting process must be given filed with the opportunity IELRB and copies must be submitted to present its case with supporting evidence. Each party may elect to invite individuals not on the negotiations committees to attend these meetings in order to supply pertinent informationparties the same day. Within twenty (20) days after the chairperson is selected, the fact- finding committee shall present written recommendations to the clerk of the Board of Education, to the Superintendent, to the President of the Association and to the chief negotiators for the two parties. These recommendations shall include supporting reasons and rationale. C. All meetings of the fact-finding committee shall be conducted in closed session. The fact-finding committee may elect to invite individuals not on the negotiating committees to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or more of the fact-finding committee’s recommendations, said party must, within seven (7) days after this committee has presented its recommendationsthe initiation of the public posting process, request that each party shall submit to the negotiations committees for mediator, the District IELRB and for the Association meet to try to resolve other party in writing, the items not agreed uponmost recent offer of the party, including a cost summary. The parties shall meet within seven Seven (7) days after receipt of the request, unless both parties deem it necessary. At such meetingparties’ offers, the chief negotiators shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differencesIELRB will make the offers public. 5. The negotiations committees costs of any third party mutually agreed upon shall then resume good faith effort to resolve be shared equally by the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. E. 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 such agreement shall also be forwarded to the State Superintendent of Public Instruction. F. Time limits set forth herein may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the fact-finding committee shall be a decision of the Board of Education. H. The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. The Association shall not strike or threaten to strike as a means of resolving differences with the Board of Education. Any employee engaging in a strike shall be denied the full amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representative.

Impasse Procedures. ‌ A. Within five days 1. An impasse occurs after both parties have considered the selection proposals and counter proposals of the chairpersonother party in good faith and when, despite such diligent efforts, no agreement can be reached on the subject being negotiated. During the course of negotiations, the respective committees who have been negotiating for shall make every good faith effort to reach agreement on all issues before invoking the District and for the Association shall meet to exchange written language on each item at impassefollowing procedure. B. The chairperson shall convene 2. If after a reasonable period of negotiation, and within ninety (90) days before the committee for fact-finding. This committee shall meet with scheduled start of the negotiations committees of both parties. During these meetings each party shall be given upcoming school year, the opportunity to present its case with supporting evidence. Each parties engaged in collective bargaining have reached impasse, either party may elect petition the Illinois Educational Labor Relations Board (“IELRB”) to invite individuals not on initiate mediation or request a mediator through the negotiations committees to attend these meetings in order to supply pertinent informationFederal Mediation and Conciliation Service. 3. Within twenty (20) days after When an impasse is declared, or the chairperson is selectedIELRB invokes mediation, the fact- finding committee parties shall present written recommendations seek to agree upon a mediator. If the clerk of the Board of Education, parties fail to the Superintendent, to the President of the Association and to the chief negotiators for the two parties. These recommendations shall include supporting reasons and rationale. C. All meetings of the fact-finding committee shall be conducted in closed session. The fact-finding committee may elect to invite individuals not on the negotiating committees to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or more of the fact-finding committee’s recommendations, said party mustreach such agreement, within seven (7) calendar days, the parties will select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a mediator within ten (10) calendar days after this committee being so requested, the parties will select a mediator from a list to be supplied by the American Arbitration Association. 4. Once a mediator has presented its recommendationsbeen appointed or selected, request that the negotiations committees for mediator will meet with the District parties or their representatives, or both, forthwith, either jointly or separately, and for will take such Levels, as the Association meet mediator may deem appropriate to try persuade the parties to resolve the items not agreed upontheir differences and effect a mutually acceptable agreement. The mediator will not, without the consent of both parties, make findings of fact or recommend terms of a settlement. Any time after fifteen (15) days of mediation, either party or the mediator may initiate the public posting process. Initiation of the public posting process must be filed with the IELRB and copies must be submitted to the parties shall meet within the same day. Within seven (7) days after the initiation of the requestpublic posting process, unless both parties deem it necessary. At such meetingeach party shall submit to the mediator, the chief negotiators shall exchange written statements expressing each IELRB and the other party in writing, the most recent offer of the party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences, including a cost summary. The negotiations committees shall then resume good faith effort to resolve the remaining differences; provided, after fourteen Seven (147) days after the exchange receipt of the written statements, either party may discontinue such effort. E. If the effort to resolve differences is successfulparties’ offers, the parties shall draft a written agreement and present IELRB will make the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instructionoffers public. F. Time limits set forth herein may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the fact-finding committee shall be a decision of the Board of Education. H. The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. The Association shall not strike or threaten to strike as a means of resolving differences with the Board of Education. Any employee engaging in a strike shall be denied the full amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representative.

Impasse Procedures. ‌ A. Within five days after the selection of the chairpersonWhen an impasse has been declared, the committees who have been negotiating for Federal Mediation and Conciliation Service shall be requested by the District and for the Association shall meet parties to exchange written language on each item at impasse. B. appoint a mediator from its staff. The chairperson shall convene the committee for fact-finding. This committee mediator shall meet with the negotiations committees parties, or their representatives, or both, forthwith, either jointly or separately, and shall take such steps as (s)he may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator shall not, without the consent of both parties, make findings of fact or recommend terms of settlement. During these meetings each party If the Federal Mediation and Conciliation Service fails to appoint a mediator within three (3) weeks of the parties' request, the parties shall select a mediator from a list provided by the American Arbitration Association. Nothing contained in this Section shall preclude the parties from mutually agreeing to any other person to act as a mediator. B. If agreement cannot be reached through deliberations with a mediator, and if both parties shall agree in writing to the procedure, a fact-finder shall be given selected by the opportunity to present American Arbitration Association (AAA) in accordance with its case with supporting evidencerules. Each party may elect to invite individuals not on the negotiations committees to attend these meetings in order to supply pertinent information. Within twenty The fact-finder shall, within ten (2010) days after the chairperson is being selected, meet with the fact- finding committee parties or their representatives, or both, either jointly or separately, make inquiries and investigations and hold hearings. The Board and the Association shall present written recommendations furnish the fact-finder, upon request, all records, papers, and information in their possession relating to any matter under investigation by or in issue before the fact-finder. If the dispute is not settled prior thereto, the fact-finder shall within thirty (30) days after his/her selection, make findings of fact and recommend terms of settlement, which terms shall be advisory only. Any findings of fact and recommended terms of settlement shall be submitted in writing to the clerk parties. Within ten (10) days from receipt of the Board recommended terms of Educationsettlement, each party must notify the fact-finder, in writing, of its decision to accept or reject the Superintendent, to the President of the Association and to the chief negotiators for the two parties. These recommendations shall include supporting reasons and rationale. C. All meetings of the fact-finding committee finder for settlement. If the written terms of settlement are not accepted, the reasons for non-acceptance must be included in the response. If no agreement is reached within ten (10) days from receipt of the written report, the responses shall be conducted in closed session. The fact-finding committee may elect added to invite individuals not on the negotiating committees written report and copies shall be released to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or more of the public by the fact-finding committee’s recommendations, said party must, within seven (7) days after this committee has presented its recommendations, request that the negotiations committees finder. C. The costs for the District and mediator or for the Association meet to try to resolve the items not agreed upon. The parties shall meet within seven (7) days of the request, unless both parties deem it necessary. At such meeting, the chief negotiators shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiations committees 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. E. 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 such agreement shall also be forwarded to the State Superintendent of Public Instruction. F. Time limits set forth herein may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the fact-finding committee finder (if one shall be a decision of agreed to) shall be equally shared by the Board of Education. H. The procedure provided for herein for resolving impasses shall be the exclusive recourse of and the Association. The Association shall not strike or threaten to strike as a means of resolving differences with the Board of Education. Any employee engaging in a strike shall be denied the full amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representative.

Impasse Procedures. ‌ A. Within five days after the selection of the chairperson, the committees who have been negotiating for the District and for the Association shall meet to exchange written language on each item at impasse. B. The chairperson shall convene the committee for fact-finding. This committee shall meet with the negotiations committees of both parties. During these meetings each party shall be given the opportunity to present its case with supporting evidence. Each party may elect to invite individuals not on the negotiations committees to attend these meetings in order to supply pertinent information. Within twenty (20) days after the chairperson is selected, the fact- finding committee shall present written recommendations to the clerk of the Board of Education, to the Superintendent, to the President of the Association and to the chief negotiators for the two parties. These recommendations shall include supporting reasons and rationale. C. All meetings of the fact-finding committee shall be conducted in closed session. The fact-finding committee may elect to invite individuals not on the negotiating committees to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or more of the fact-finding committee’s recommendations, said party must, within seven (7) days after this committee has presented its recommendations, request that the negotiations committees for the District and for the Association meet to try to resolve the items not agreed upon. The parties shall meet within seven (7) days of the request, unless both parties deem it necessary. At such meeting, the chief negotiators shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiations committees 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. E. 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 such agreement shall also be forwarded to the State Superintendent of Public Instruction. F. Time limits set forth herein may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the fact-finding committee shall be a decision of the Board of Education. H. The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. The Association shall not strike or threaten to strike as a means of resolving differences with the Board of Education. Any employee engaging in a strike shall be denied the full amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representative.fourteen

Impasse Procedures. ‌ A. Within five days after the selection of the chairperson, the committees who have been negotiating for the District and for the Association shall meet to exchange written language on each item at impasse. B. The chairperson shall convene the committee for fact-finding. This committee shall meet with the negotiations committees of both parties. During these meetings each party shall be given the opportunity to present its case with supporting evidence. Each party may elect to invite individuals not on the negotiations committees to attend these meetings in order to supply pertinent information. Within twenty (20) days after the chairperson is selected, the fact- finding committee shall present written recommendations to the clerk of the Board of Education, to the Superintendent, to the President of the Association and to the chief negotiators for the two parties. These recommendations shall include supporting reasons and rationale. C. All meetings of the fact-finding committee shall be conducted in closed session. The fact-finding committee may elect to invite individuals not on the negotiating committees to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or more of the fact-finding committee’s recommendations, said party must, within seven (7) days after this committee has presented its recommendations, request that the negotiations committees for the District and for the Association meet to try to resolve the items not agreed upon. The parties shall meet within seven (7) days of the request, unless both parties deem it necessary. At such meeting, the chief negotiators shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiations committees 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. E. 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 such agreement shall also be forwarded to the State Superintendent of Public Instruction. F. Time limits set forth herein may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the fact-finding committee shall be a decision of the Board of Education. H. The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. The Association shall not strike or threaten to strike as a means of resolving differences with the Board of Education. Any employee engaging in a strike shall be denied the full amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representative.

Impasse Procedures. ‌ A. Within five If the parties engaged in collective bargaining have not reached an agreement by ninety (90) days after before the selection scheduled start of the chairpersonforthcoming school year, the committees who have been negotiating for parties shall notify the District and for Illinois Educational Labor Relations Board (IELRB) concerning the Association shall meet to exchange written language on each item at impassestatus of negotiations. B. The chairperson shall convene (a) Upon demand of either party, collective bargaining between the committee for fact-finding. This committee shall meet with the negotiations committees of both parties. During these meetings each party shall be given the opportunity to present its case with supporting evidence. Each party may elect to invite individuals not on the negotiations committees to attend these meetings in order to supply pertinent information. Within twenty employer and an exclusive bargaining representative must begin within sixty (20) days after the chairperson is selected, the fact- finding committee shall present written recommendations to the clerk of the Board of Education, to the Superintendent, to the President of the Association and to the chief negotiators for the two parties. These recommendations shall include supporting reasons and rationale. C. All meetings of the fact-finding committee shall be conducted in closed session. The fact-finding committee may elect to invite individuals not on the negotiating committees to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or more of the fact-finding committee’s recommendations, said party must, within seven (7) days after this committee has presented its recommendations, request that the negotiations committees for the District and for the Association meet to try to resolve the items not agreed upon. The parties shall meet within seven (760) days of the requestdate of certification of the representative by the IELRB, or in the case of an existing exclusive bargaining representative, within sixty (60) days of the receipt by a party of a demand to bargain issued by the other party. Once commenced, collective bargaining must continue for at least a sixty (60) day period, unless both parties deem it necessary. At such meeting, the chief negotiators shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable a contract is entered into. (b) If after a reasonable period of negotiation and shall attempt to clarify any remaining differences. The negotiations committees shall then resume good faith effort to resolve the remaining differences; provided, after fourteen within forty-five (1445) days after the exchange of the written statementsscheduled start of the forthcoming school year the parties engaged in collective bargaining have reached an impasse, either party may discontinue such effort. E. If petition the effort IELRB to resolve differences is successfulinitiate mediation. Alternatively, the parties IELRB on its own motion may initiate mediation during this period. However, the services of the mediators shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also continuously be forwarded made available to the State Superintendent employer and to the exclusive bargaining representative for purposes of Public Instruction. F. Time limits set forth herein arbitration of grievances and mediation or arbitration of contract disputes. If requested by the parties, the mediator may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the perform fact-finding committee and in so doing conduct hearings and make written findings and recommendations for resolution of the dispute. Such mediation shall be a decision provided by the IELRB and shall be held before qualified impartial individuals. Nothing prohibits the use of other individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association selected by both the exclusive bargaining representative and the employer. (c) If the parties engaged in collective bargaining fail to reach an agreement within fifteen (15) days of the Board scheduled start of Educationthe forthcoming school year the IELRB shall be notified. H. (d) The procedure provided for herein for resolving impasses costs of fact-finding and mediation shall be shared equally between the employer and the exclusive recourse bargaining agent. (e) Nothing in this Act prevents an employer and an exclusive bargaining representative from mutually submitting to final and binding impartial arbitration unresolved issues concerning the terms of the Association. The Association shall not strike or threaten to strike as a means of resolving differences with the Board of Education. Any employee engaging in a strike shall be denied the full amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representativenew collective bargaining agreement.