Common use of Impasse Resolution, Ratification and Enactment Clause in Contracts

Impasse Resolution, Ratification and Enactment. A. If the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. The agreement will first be presented to the Lodge membership with the recommendation of the Executive Board for ratification. 2. Within ten (10) days after such ratification by the Lodge membership, the agreement will be submitted to the City Council of the City of Chicago, with the Superintendent of Police and the Mayor's recommendation for ratification and concurrent adoption in ordinance form pursuant to the City's Home Rule authority. The Employer and Lodge shall cooperate to secure this legislative approval. 3. In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the Council's vote to discuss the reasons for the Council's rejection and to determine whether any modifications can be made to deal with the problems; but either party may thereafter invoke arbitration in accordance with Section 28.3(B) of this Article upon ten (10) days' written notice to the other party. For purposes of this Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote of the members of the City Council within thirty (30) days of the date the contract is submitted to it. B. If complete agreement is not reached between the parties as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three person Arbitration Board, one member to be selected by each of the parties and the third member to be jointly agreed upon by the parties. 2. A Dispute Resolution Board shall be convened and shall be composed of three (3) persons: one appointed by the Employer, one appointed by the Lodge and one impartial member to be mutually selected and agreed upon by the Employer and the Lodge. If, after a period of five (5) days from the date of the appointment of the two representatives of the parties, the remaining Board member has not been selected or otherwise agreed upon, then either representative may request the American Arbitration Association, or its successor in function, to furnish a list of seven members of said service from which the remaining Board member shall be selected. The Association shall be advised that the eligibility for names to be placed upon the list shall include the following: membership in the National Academy of Arbitrators; at least five (5) years' experience in labor relations dispute resolutions in either the private or public sector; United States citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection 28.3(B)5, below. Upon mutual written agreement of the Employer and the Lodge, the parties' right to appoint any Board members other than the impartial member may be mutually waived. 3. The list shall be immediately published and the representative appointed by the Employer shall within five (5) days after publication of said list eliminate three (3) names from the list. Within two (2) days after such elimination, the representative appointed by the Lodge shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by the Lodge, shall compose the Dispute Resolution Board. 4. The member of the Dispute Resolution Board selected, pursuant to subsection 28.3(B)3, above, shall act as Chairman. He or she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. The Employer and the Lodge shall each pay half of the fees and expenses of the impartial member. 5. The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or documents, and employ such clerical or research assistance as in his or her judgment and discretion are deemed warranted. He or she shall convene proceedings on the issues presented to the Dispute Resolution Board within ten (10) days after his or her appointment and/or selection; and the Board shall make its determination within thirty (30) days after it has convened. The time limits set forth herein may be extended only upon written mutual agreement of both the Board member appointed by the Lodge and the Board member appointed by the Employer. 6. The Employer and the Lodge shall attempt to agree upon a written statement of the issue or issues to be presented to the Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue not mutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman of the Board shall have the authority as necessary to maintain decorum and order and may direct, (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion of the impartial member of the Board, it would be appropriate in his or her discretion to meet with either the Employer or Lodge for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other party. 7. The compensation, if any, of the representatives appointed by the Lodge shall be paid by the Lodge. The compensation of the representative appointed by the Employer shall be paid by the Employer. 8. The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms of this Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures. 9. If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the Council's vote to discuss the reasons for the Council's rejection and to determine whether any modifications can be made to deal with the problems; but either party may thereafter terminate this Agreement upon ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Impasse Resolution, Ratification and Enactment. A. If the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. The agreement will first be presented to the Lodge Unit 156-Captains’ membership with the recommendation of the Executive Board for ratification. 2. Within ten (10) days after such ratification by the Lodge Unit 156-Captains’ membership, the agreement will be submitted to the City Council of the City of Chicago, Chicago with the Superintendent of Police Superintendent’s and the Mayor's ’s recommendation for ratification and concurrent adoption in ordinance form pursuant to the City's City of Chicago’s Home Rule authority. The Employer and Lodge Unit 156-Captains shall cooperate to secure this legislative approval. 3. In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the City Council's ’s vote to discuss the reasons for the City Council's ’s rejection and to determine whether any modifications can be made to deal with the problems; , but either party may thereafter invoke arbitration in accordance with Section 28.3(B) of this Article upon ten (10) days' written notice to the other party. For purposes of this Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote of the members of the City Council within thirty (30) days of the date the contract agreement is submitted to it. B. If a complete agreement is not reached between the parties as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three three- (3-) person Arbitration Dispute Resolution Board, one one (1) member to be selected by each of the parties and the third member to be jointly agreed upon by the parties. 2. A Dispute Resolution The Board shall be convened and shall be composed of the following three (3) persons: one (1) appointed by the Employer, one (1) appointed by the Lodge Unit 156-Captains and one (1) impartial member to be mutually selected and agreed upon by the Employer and the LodgeUnit 156-Captains. If, after a period of five (5) days from the date of the appointment of the two (2) representatives of the parties, the remaining Board member has not been selected or otherwise agreed upon, then either representative may request the American Arbitration Association, or its successor in function, to furnish a list of seven (7) members of said service from which the remaining Board member shall be selected. The American Arbitration Association shall be advised that the eligibility criteria for names to be placed upon the list shall include the following: membership in the National Academy of Arbitrators; at least five (5) years' experience in labor relations dispute resolutions in either the private or public sector; United States U.S. citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection 28.3(B)5, below(B)(5). Upon mutual written agreement of the Employer and the LodgeUnit 156- Captains, the parties' right to appoint any Board members other than the impartial member may be mutually waived. 3. The list shall be immediately published published, and the representative appointed by the Employer shall shall, within five (5) days after publication of said list list, eliminate three (3) names from the list. Within two (2) days after such elimination, the representative appointed by the Lodge Unit 156-Captains shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by the LodgeUnit 156-Captains, shall compose the Dispute Resolution Board. 4. The member of the Dispute Resolution Board selected, pursuant to subsection 28.3(B)3, above(B)(3), shall act as Chairman. He or He/she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. The Employer and the Lodge Unit 156-Captains shall each pay one-half of the fees and expenses of the impartial member. 5. The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or documents, the production of documents and employ such clerical or research assistance as in his or his/her judgment and discretion are deemed warranted. He or He/she shall convene proceedings on the issues presented to the Dispute Resolution Board within ten (10) days after his or his/her appointment and/or selection; and the Board shall make its determination within thirty (30) days after it has convened. The time limits set forth herein may be extended only upon written mutual agreement of both the Board member appointed by the Lodge Unit 156-Captains and the Board member appointed by the Employer. 6. The Employer and the Lodge Unit 156-Captains shall attempt to agree upon a written statement of the issue or issues to be presented to the Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue not mutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman of the Board shall have the authority as necessary to maintain decorum and order and may direct, direct (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public public, and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion of the impartial member of the Board, it would be appropriate in his or her discretion to meet with either the Employer or Lodge Unit 156-Captains for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other party. 7. The compensation, if any, of the representatives appointed by the Lodge Unit 156-Captains shall be paid by the LodgeUnit 156-Captains. The compensation of the representative appointed by the Employer shall be paid by the Employer. 8. The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms of this Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures. 9. If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the Council's vote to discuss the reasons for the Council's rejection and to determine whether any modifications can be made to deal with the problems; but either party may thereafter terminate this Agreement upon ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Impasse Resolution, Ratification and Enactment. A. If the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. The agreement will first be presented to the Lodge Unit 156-Lieutenants’ membership with the recommendation of the Executive Board for ratification. 2. Within ten (10) days after such ratification by the Lodge Unit 156-Lieutenants’ membership, the agreement will be submitted to the City Council of the City of Chicago, Chicago with the Superintendent of Police Superintendent’s and the Mayor's ’s recommendation for ratification and concurrent adoption in ordinance form pursuant to the City's City of Chicago’s Home Rule authority. The Employer and Lodge Unit 156-Lieutenants shall cooperate to secure this legislative approval. 3. In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the City Council's ’s vote to discuss the reasons for the City Council's ’s rejection and to determine whether any modifications can be made to deal with the problems; , but either party may thereafter invoke arbitration in accordance with Section 28.3(B) of this Article upon ten (10) days' written notice to the other party. For purposes of this Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote of the members of the City Council within thirty (30) days of the date the contract agreement is submitted to it. B. If a complete agreement is not reached between the parties as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three three- (3-) person Arbitration Dispute Resolution Board, one one (1) member to be selected by each of the parties and the third member to be jointly agreed upon by the parties. 2. A Dispute Resolution The Board shall be convened and shall be composed of the following three (3) persons: one (1) appointed by the Employer, one (1) appointed by the Lodge Unit 156- Lieutenants and one (1) impartial member to be mutually selected and agreed upon by the Employer and the LodgeUnit 156-Lieutenants. If, after a period of five (5) days from the date of the appointment of the two (2) representatives of the parties, the remaining Board member has not been selected or otherwise agreed upon, then either representative may request the American Arbitration Association, or its successor in function, to furnish a list of seven (7) members of said service from which the remaining Board member shall be selected. The American Arbitration Association shall be advised that the eligibility criteria for names to be placed upon the list shall include the following: membership in the National Academy of Arbitrators; at least five (5) years' experience in labor relations dispute resolutions in either the private or public sector; United States U.S. citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection 28.3(B)5, below(B)(5). Upon mutual written agreement of the Employer and the LodgeUnit 156- Lieutenants, the parties' right to appoint any Board members other than the impartial member may be mutually waived. 3. The list shall be immediately published published, and the representative appointed by the Employer shall shall, within five (5) days after publication of said list list, eliminate three (3) names from the list. Within two (2) days after such elimination, the representative appointed by the Lodge Unit 156-Lieutenants shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by the LodgeUnit 156-Lieutenants, shall compose the Dispute Resolution Board. 4. The member of the Dispute Resolution Board selected, pursuant to subsection 28.3(B)3, above(B)(3), shall act as Chairman. He or He/she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. The Employer and the Lodge Unit 156-Lieutenants shall each pay one-half of the fees and expenses of the impartial member. 5. The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or documents, the production of documents and employ such clerical or research assistance as in his or his/her judgment and discretion are deemed warranted. He or He/she shall convene proceedings on the issues presented to the Dispute Resolution Board within ten (10) days after his or his/her appointment and/or selection; and the Board shall make its determination within thirty (30) days after it has convened. The time limits set forth herein may be extended only upon written mutual agreement of both the Board member appointed by the Lodge Unit 156-Lieutenants and the Board member appointed by the Employer. 6. The Employer and the Lodge Unit 156-Lieutenants shall attempt to agree upon a written statement of the issue or issues to be presented to the Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue not mutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman of the Board shall have the authority as necessary to maintain decorum and order and may direct, direct (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public public, and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion of the impartial member of the Board, it would be appropriate in his or her discretion to meet with either the Employer or Lodge Unit 156-Lieutenants for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other party. 7. The compensation, if any, of the representatives appointed by the Lodge Unit 156-Lieutenants shall be paid by the LodgeUnit 156-Lieutenants. The compensation of the representative appointed by the Employer shall be paid by the Employer. 8. The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms of this Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures. 9. If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the City Council's ’s vote to discuss the reasons for the City Council's ’s rejection and to determine whether any modifications can be made to deal with the problems; , but either party may thereafter terminate this Agreement upon tenten (10) days’ written notice to the other. 10. There shall be no implementation of any provisions of a successor agreement without City Council ratification and adoption in ordinance form of the agreement, except, however, that the terms of this Agreement shall remain in full force and effect until a successor agreement is adopted in ordinance form or this Agreement is terminated pursuant to subsection (B)(9). 11. As permitted by 5 ILCS 315/14(p), the impasse resolution procedure set forth herein shall govern in lieu of the statutory impasse resolution procedure provided under 5 ILCS 315/14, except that the following portions of said 000/00 xxxxx xxxxxxxxxxxx xxxxx: xxxxxxxxxxx (x), (x), (x) and (m).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Impasse Resolution, Ratification and Enactment. A. If the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. The agreement will first be presented to the Lodge Unit 156-Lieutenants' membership with the recommendation of the Executive Board for ratification. 2. Within ten (10) days after such ratification by the Lodge Unit 156-Lieutenants' membership, the agreement will be submitted to the City Council of the City of Chicago, Chicago with the Superintendent of Police Superintendent's and the Mayor's recommendation for ratification and concurrent adoption in ordinance form pursuant to the CityCity of Chicago's Home Rule authority. The Employer and Lodge Unit 156-Lieutenants shall cooperate to secure this legislative approval. 3. In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the City Council's vote to discuss the reasons for the City Council's rejection and to determine whether any modifications can be made to deal with the problems; , but either party may thereafter invoke arbitration in accordance with Section 28.3(B) of this Article upon ten (10) days' written notice to the other party. For purposes of this Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote of the members of the City Council within thirty (30) days of the date the contract agreement is submitted to it. B. If a complete agreement is not reached between the parties as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three three- (3-) person Arbitration Dispute Resolution Board, one (1) member to be selected by each of the parties and the third member to be jointly agreed upon by the parties. 2. A Dispute Resolution The Board shall be convened and shall be composed of the following three (3) persons: one (1) appointed by the Employer, one (1) appointed by the Lodge Unit 156- Lieutenants and one (1) impartial member to be mutually selected and agreed upon by the Employer and the LodgeUnit 156-Lieutenants. If, after a period of five (5) days from the date of the appointment of the two (2) representatives of the parties, the remaining Board member has not been selected or otherwise agreed upon, then either representative may request the American Arbitration Association, or its successor in function, to furnish a list of seven (7) members of said service from which the remaining Board member shall be selected. The American Arbitration Association shall be advised that the eligibility criteria for names to be placed upon the list shall include the following: membership in the National Academy of Arbitrators; at least five (5) years' experience in labor relations dispute resolutions in either the private or public sector; United States U.S. citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection 28.3(B)5, below(B)(5). Upon mutual written agreement of the Employer and the LodgeUnit 156-Lieutenants, the parties' right to appoint any Board members other than the impartial member may be mutually waived. 3. The list shall be immediately published and the representative appointed by the Employer shall within five (5) days after publication of said list eliminate three (3) names from the list. Within two (2) days after such elimination, the representative appointed by the Lodge shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by the Lodge, shall compose the Dispute Resolution Board. 4. The member of the Dispute Resolution Board selected, pursuant to subsection 28.3(B)3, above, shall act as Chairman. He or she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. The Employer and the Lodge shall each pay half of the fees and expenses of the impartial member. 5. The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or documents, and employ such clerical or research assistance as in his or her judgment and discretion are deemed warranted. He or she shall convene proceedings on the issues presented to the Dispute Resolution Board within ten (10) days after his or her appointment and/or selection; and the Board shall make its determination within thirty (30) days after it has convened. The time limits set forth herein may be extended only upon written mutual agreement of both the Board member appointed by the Lodge and the Board member appointed by the Employer. 6. The Employer and the Lodge shall attempt to agree upon a written statement of the issue or issues to be presented to the Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue not mutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman of the Board shall have the authority as necessary to maintain decorum and order and may direct, (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion of the impartial member of the Board, it would be appropriate in his or her discretion to meet with either the Employer or Lodge for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other party. 7. The compensation, if any, of the representatives appointed by the Lodge shall be paid by the Lodge. The compensation of the representative appointed by the Employer shall be paid by the Employer. 8. The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms of this Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures. 9. If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the Council's vote to discuss the reasons for the Council's rejection and to determine whether any modifications can be made to deal with the problems; but either party may thereafter terminate this Agreement upon ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Impasse Resolution, Ratification and Enactment. A. If the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. The agreement will first be presented to the Lodge membership with the recommendation of the Executive Board for ratification. 2. Within ten (10) days after such ratification by the Lodge membership, the agreement will be submitted to the City Council of the City of Chicago, with the Superintendent of Police and the Mayor's ’s recommendation for ratification and concurrent adoption in ordinance form pursuant to the City's ’s Home Rule authority. The Employer and Lodge shall cooperate to secure this legislative approval. 3. In the event the City Council should reject the recommended agreement, the parties shall meet again within ten (10) days of the Council's ’s vote to discuss the reasons for the Council's ’s rejection and to determine whether any modifications can be made to deal with the problems; but either party may thereafter invoke arbitration in accordance with Section 28.3(B) of this Article upon ten (10) days' written notice to the other party. For purposes of this Article, rejection by the City Council means affirmative rejection by a three-fifths (3/5) vote of the members of the City Council within thirty (30) days of the date the contract is submitted to it. B. If complete agreement is not reached between the parties as to the items for negotiation at the end of any negotiating period, the following procedure shall apply: 1. In the event that disputed items cannot be resolved during the negotiation period, all disputed items shall be referred to a three person Arbitration Board, one member to be selected by each of the parties and the third member to be jointly agreed upon by the parties. 2. A Dispute Resolution Board shall be convened and shall be composed of three (3) persons: one appointed by the Employer, one appointed by the Lodge and one impartial member to be mutually selected and agreed upon by the Employer and the Lodge. If, after a period of five (5) days from the date of the appointment of the two representatives of the parties, the remaining Board member has not been selected or otherwise agreed upon, then either representative may request the American Arbitration Association, or its successor in function, to furnish a list of seven members of said service from which the remaining Board member shall be selected. The Association shall be advised that the eligibility for names to be placed upon the list shall include the following: membership in the National Academy of Arbitrators; at least five (5) years' experience in labor relations dispute resolutions in either the private or public sector; United States citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set forth in subsection 28.3(B)5, below. Upon mutual written agreement of the Employer and the Lodge, the parties' right to appoint any Board members other than the impartial member may be mutually waived. 3. The list shall be immediately published and the representative appointed by the Employer shall within five (5) days after publication of said list eliminate three (3) names from the list. Within two (2) days after such elimination, the representative appointed by the Lodge shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by the Lodge, shall compose the Dispute Resolution Board. 4. The member of the Dispute Resolution Board selected, pursuant to subsection 28.3(B)3, above, shall act as Chairman. He or she shall be an impartial, competent and reputable individual and shall be administered and subscribe to the constitutional oath or affirmation of office. The Employer and the Lodge shall each pay half of the fees and expenses of the impartial member. 5. The Chairman shall have the authority to convene and adjourn proceedings, administer oaths, compel testimony and/or documents, and employ such clerical or research assistance as in his or her judgment and discretion are deemed warranted. He or she shall convene proceedings on the issues presented to the Dispute Resolution Board within ten (10) days after his or her appointment and/or selection; and the Board shall make its determination within thirty (30) days after it has convened. The time limits set forth herein may be extended only upon written mutual agreement of both the Board member appointed by the Lodge and the Board member appointed by the Employer. 6. The Employer and the Lodge shall attempt to agree upon a written statement of the issue or issues to be presented to the Board. In lieu of, or in addition to, such mutual statement of issues, each party may also present its own list or statement of issues, provided only that any such issue not mutually agreed upon shall have been an issue previously the subject of negotiations or presentation at negotiations. During the course of proceedings, the Chairman of the Board shall have the authority as necessary to maintain decorum and order and may direct, (absent mutual agreement) the order of procedure; the rules of evidence or procedure in any court shall not apply or be binding. The actual proceedings shall not be open to the public and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are not applicable. If, in the opinion of the impartial member of the Board, it would be appropriate in his or her discretion to meet with either the Employer or Lodge for mediation or conciliation functions, the Board may do so, provided only that notice of such meetings shall be communicated to the other party. 7. The compensation, if any, of the representatives appointed by the Lodge shall be paid by the Lodge. The compensation of the representative appointed by the Employer shall be paid by the Employer. 8. The terms decided upon by the Board shall be included in an agreement to be submitted to the City Council for adoption. The terms of this Agreement shall continue to bind both parties hereto during all negotiations and impasse resolution procedures. 9. If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the Council's ’s vote to discuss the reasons for the Council's ’s rejection and to determine whether any modifications can be made to deal with the problems; but either party may thereafter terminate this Agreement upon tenten (10) days’ written notice to the other. 10. There shall be no implementation of any provisions of a successor agreement without Council ratification and adoption in ordinance form of the agreement; except, however, that the terms of this Agreement shall remain in full force and effective until a successor agreement is adopted in ordinance form or this Agreement is terminated pursuant to subparagraph 28.3(B)9. 11. As permitted by 5 ILCS 315/14(p), the impasse resolution procedure set forth herein above shall govern in lieu of the statutory impasse resolution procedure provided under 5 ILCS 315/14, except that the following portions of said 000/00 xxxxx xxxxxxxxxxxx xxxxx; Xxxxxxxxxxx (x), (x), (x) and (m).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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