Common use of Impasse Clause in Contracts

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three (3) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, USPA shall assume the expenses of the representative selected by their organization, and the expenses of the third member shall be shared equally by the Board and USPA. 5.3.5 The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties and, within twenty (20) days after the fact-finding hearing, shall present its written recommendation to the Board and USPA. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPA. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort.

Appears in 8 contracts

Samples: Master Contract, Master Contract, Master Contract

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Impasse. 5.1 6.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 6.2 Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. The timelines set forth herein may be extended by mutual agreement of the parties. 5.3 6.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 6.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the CTA and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committee.: 5.3.2 6.3.2 The committee shall meet with the Board's duly designated representatives and with USPA's designated the CTA'S representatives for the purpose of fact finding. 5.3.3 6.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 6.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the CTA shall assume the expenses of the representative selected by their organizationthe CTA, and the expenses of the third member shall be shared equally by the Board and USPAthe CTA. 5.3.5 6.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 6.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 6.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties and, within twenty (20) days after the fact-fact finding hearing, shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 6.3.8 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe CTA. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 6.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiating impasse process within thirty (30) days of the effective date of implementation.

Appears in 4 contracts

Samples: Contract Between Valliant Classroom Teachers and Board of Education, Contract Between Valliant Classroom Teachers and Board of Education, Contract Between Valliant Classroom Teachers and Board of Education

Impasse. 5.1 If negotiations are 4.2.1 If, during the course of negotiations, a mutually satisfactory solution to an issue or issues is not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation sessionreached, either party may declare in writing that an impasse, or, by mutual agreement of impasse exists and submit the parties, the date for declaring impasse may be extended beyond the first day of schoolissue or issues in dispute to mediation or fact finding. 5.2 Within three (3) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process 4.2.2 After impasse has been utilized and has failed to bring about agreement on all itemsdeclared, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one (1) member shall be selected by the Board within five (5) business days. The third member , a list shall be selected by the first two (2) members within fifteen (15) days prepared including all items agreed upon to date as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable well as those items to both parties, a coin toss shall occur with the party winning the toss having the right be submitted to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committeemediation. Each item being submitted to fact finding mediation shall show the last position taken by each negotiating team. 5.3.4 team which should thereby clarify the difference between the parties. This list shall be signed by the spokesman or chief negotiator of both negotiating teams and presented to the mediator, who shall be selected by the American Arbitration Association for this purpose. The cost costs for the services of the fact-finding committee mediator, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Boardexpenses, USPA shall assume the expenses of the representative selected by their organization, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties and, within twenty (20) days after the fact-finding hearing, shall present its written recommendation to 4.2.3 If the Board and USPA. The report the Association, through their representatives, are unable to mutually agree upon a mediator within five (5) business days, the mediator shall set forth findings be selected in the following manner: 4.2.3.1 If the parties are unable to mutually agree upon a mediator after demand for or submittal to mediation, the American Arbitration Association shall be requested by the moving party to submit simultaneously to each party an identical list of fact and recommendations on the issues submittednames of five (5) persons skilled in mediation of educational matters. 5.3.8 If either 4.2.3.2 Each party decides it must reject one or more of the committee's recommendations, said party must, within shall have seven (7) business days after from postmarked date to postmarked date in which to cross off any names to which it objects, number the committee has presented remaining names in order of its recommendationspreference and return the list to the American Arbitration Association. If a party does not return the list within the time specified, request a meeting of all persons named therein shall be deemed acceptable. 4.2.3.3 From among the representatives persons who have been negotiating for approved on both lists, and in accordance with the Board and USPA. The designated order of mutual preference, the American Arbitration Association shall invite the acceptance of a mediator. 4.2.3.4 If the parties shall meet within seven (7) days fail to agree upon any of the requestpersons named, unless both parties deem it unnecessary. At or if those named decline or are unable to act, or if for any other reason an appointment cannot be made from such meetinglists of names, the parties American Arbitration Association shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume appoint a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effortmediator from its other members without submitting additional lists.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any an earlier time following the its initial negotiation sessionnegotiation, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three five (35) days of such declaration, the parties Parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one (1) One member shall be selected by the Board within five (5) days. The third Association and one member shall be selected by the first two Board, within five (2) members within fifteen (155) days as follows: The parties shall of the declaration of impasse or the conclusion of an unsuccessful mediation. These two members will notify the State Superintendent of Public Instruction that a fact finder is needed and request needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact findersfinders to the parties. If no name is agreeable to both partiesthe representative of the Board and the representative of the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall occur with the party winning the toss having the right decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The parties will two representatives shall then continue alternately striking names off a name from the list until only one (1) name remains. The remaining name That person shall then be considered named to serve as the parties' selection as the third member and shall be the chairperson Chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a the chairperson, the representatives of the parties shall meet to exchange written language on of each item at impasse. The exchanged documents shall be furnished to the chairperson Chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 5.3.3 The cost for the services of the fact-fact finding committee committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 5.3.4 The fact-fact finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given an the opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.5 The chairperson Chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, and within twenty (20) days after the fact-fact finding hearing, shall present its written recommendation recommendations to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 5.3.6 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives representative shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, statements as provided for by this sectionaction, either party may discontinue such effort. 5.3.7 The local board shall file a copy of the fact finding report with the Office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local board of education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. 5.4 The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. It shall be illegal for the Association to strike or threaten to strike as a means of resolving differences with the Board. Any member of the Association engaging in a strike shall be denied the full amount of his wages during the period of such violation. 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 school district shall be relieved of the duty to negotiate with such organization or its representatives, as prescribed and outlined in Oklahoma Statutes 70.509.8.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) working days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-fact finding committee.. (Rev: 7-15-93) 5.3.2 The committee shall meet with the Board's designated representatives ’s and with USPA's designated the Association’s negotiation representatives for the purpose of fact finding. 5.3.3 Within five (5) calendar days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to the fact finding committee shall show be the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Associa- tion. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative represen- tatives of both parties and, within twenty (20) calendar days after the fact-fact finding hearing, meeting shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) calendar days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) calendar days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) calendar days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and pres- ent the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the ef- fective date of implementation. (Rev: 7-15-93) VI ADMINISTERING EMPLOYER-EMPLOYEE RELATIONS 6.1 The Association and the Board agree to abide by current state law which established the method for dis- continuation of Association representation resulting from a strike. The Association further agrees not to promote the withholding of services during the term of a contract negotiated in accordance with the provisions of this Procedural Agreement.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three (3) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, USPA shall assume the expenses of the representative selected by their organization, and the expenses of the third member shall be shared equally by the Board and USPA. 5.3.5 The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties and, within twenty (20) days after the fact-fact- finding hearing, shall present its written recommendation to the Board and USPA. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPA. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare déclassé an impasse, or, by or mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-fact finding committee. 5.3.2 The committee shall meet with the Board's ’s duly designated representatives and with USPA's designated the Association’s representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 The cost of for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) days after the fact-fact finding hearing, shall present its written recommendation to the Board and USPAAssociation. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first fi day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) working days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-fact finding committee. 5.3.2 The committee shall meet with the Board's designated representatives ’s and with USPA's designated the Association’s negotiation representatives for the purpose of fact finding. 5.3.3 Within five (5) calendar days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to the fact finding committee shall show be the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) calendar days after the fact-fact finding hearing, meeting shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) calendar days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) calendar days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) calendar days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Impasse. 5.1 A. If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any an earlier time following the initial negotiation sessionnegotiations, either party may declare an impasse, or, by . By mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 B. Within three five (35) working days of such declarationthe declaration of impasse, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 C. If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 1. A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one One (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-fact finding committee. 5.3.2 2. The committee shall meet with the Board's Board or its duly designated representatives and with USPA's designated the Association representatives for the purpose of fact finding. 5.3.3 3. Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 4. The cost for the services of the fact-fact finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA ; the Association shall assume the expenses of the representative selected by their organization, the Association; and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 5. The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, investigations and hold hearings during which each party to the dispute shall be given an opportunity to present its case with supporting evidence. 5.3.6 6. All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 7. The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties and, and within twenty (20) days after the fact-finding fact find hearing, shall present its written recommendation recommendations to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 8. If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented submitted its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, provided after fourteen (14) days after the exchange of written statements, statements as provided for by this sectionaction, either party may discontinue such effort. 9. The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction within fourteen (14) calendar days of its own receipt of such report and shall provide the Association with written proof of receipt by that office. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification and, upon ratification, such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent, in writing, it’s final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation and shall provide the Association with a true copy of said report.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the its initial negotiation session, either party may declare an impasse, or, or by mutual agreement of the parties, parties the date for declaring impasse may be extended beyond the first day of school. 5.2 . Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 . If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 : A fact-fact finding committee consisting of three (3) members shall be formed. One (1) One member shall be selected by USPA the representative of the Association, and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the listmembers. The parties will then continue alternately striking names off member selected by the list until only one first two (12) name remains. The remaining name members shall be considered serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 . The committee shall meet with the Board's Board or its duly designated representatives and with USPA's designated the Association representatives for the purpose of fact finding. 5.3.3 . Within five (5) days after the selection of a the chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 . The cost for of the services of the fact-fact finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPA. 5.3.5 The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 Association. The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, and within twenty (20) days after the fact-fact finding hearing, shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 . If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, meeting the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, statements as provided for by this sectionaction, either party may discontinue such effort. The local Board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse within thirty (30) days of the effective date of implementation.

Appears in 1 contract

Samples: Master Contract

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation sessiontime, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. Upon reaching impasse, the items causing the impasse shall be referred to a three-member fact- finding committee. 5.2 Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-The fact finding committee consisting of three (3) members shall be formed. One consist of: One (1) member who shall be selected by USPA and the Association within (5) days after the reaching of impasse, one (1) member who shall be selected by the Board within five (5) days. The third days after the reaching of impasse, and one (1) member who shall serve as chairperson of the committee and shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 5.3.3 Within five (5) days after the selection of a chairman, the representatives who have been negotiating for the board and for the Association shall meet to exchange written language on each item at impasse. The fact-finding committee exchanged documents shall have authority to establish procedural rules, conduct investigations, and hold hearings during which be furnished by each party shall be given an opportunity to present its case with supporting evidencethe chairman and other members of the committee. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.4 The chairperson shall convene the committee for fact finding. The This committee shall meet with the representative representatives of both parties and, within parties. Within twenty (20) days after the fact-finding hearingchairman is selected, the committee shall present its written recommendation recommendations to the Board local board and USPA. The report shall set forth findings of fact and recommendations on to the issues submittedAssociation. 5.3.8 5.3.5 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAfor the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, as provided for by this section, either party may discontinue such effort. 5.3.6 The Board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Appears in 1 contract

Samples: Commerce Association of Classroom Teachers Agreement

Impasse. 5.1 6.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any an earlier time following the its initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended extend beyond the first day of school. 5.2 6.2 Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 6.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation Mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 6.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one (1) One member shall be selected by the Board within five (5) days. The third Association and one member shall be selected by the first two Board, within five (2) members within fifteen (155) days as follows: The parties shall of the declaration of impasse or the conclusion of an unsuccessful mediation. These two members will notify the State Superintendent of Public Instruction that a fact fact-finder is needed and request needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact findersfact-finders to the parties. If no name is agreeable to both partiesthe representative of the Board and the representative of the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall occur with the party winning the toss having the right decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The parties will two representatives shall then continue alternately striking names off a name from the list until only one (1) name remains. The remaining name That person shall be considered named to serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 6.3.2 Within five (5) days after the selection of a the chairperson, the representatives of the parties shall meet to exchange written language on of each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 6.3.3 The cost for the services of the fact-fact finding committee committee, including the per diem expenses, if any, any 1 and actual and necessary travel expenses shall be shared in the following manner: . The Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the ihe expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 6.3.4 The fact-fact finding committee shall have the authority to establish procedural rules, conduct investigations, rules and hold hearings during which each party to the dispute shall be given an the opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 6.3.5 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, and within twenty (20) days after the fact-fact finding hearing, shall present its written recommendation recommendations to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If 6.3.6 All hearings by the fact finding committee shall be conducted in closed session. 6.3.7 lf either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, statements as provided for by this section, either party may discontinue such effort. 6.3.8 The local board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local board of education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. 6.4 The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. It shall be illegal for the Association to strike or threaten to strike as a means of resolving differences with the Board. Any member of the Association engaging in a strike shall be denied the full amount of his/her wages during the period of such violation. 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 school district shall be relieved of the duty to negotiate with such organization or its representatives, as prescribed and outlined in Oklahoma Statutes 70.509.8.

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 A. Within three two (32) working days of such declaration, the parties may, by mutual agreement, either party may request the services of the Federal Mediation and Conciliation Service. If a mediator is unable to serve within twenty (20) working days of the request, the services of the mediator will be used only by mutual agreement. 5.3 B. If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact fact-finding as follows: 5.3.1 1. A fact-finding committee consisting of three (3) members shall be formed. One One (1) member shall be selected by USPA the Organization and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties : a. Each representative shall notify the State Superintendent of Public Instruction that a fact finder is needed and request submit a list of five (5) potential fact finders. names. b. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the other party’s list. . c. The parties will then continue alternately striking names off the each other’s list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall who will be the chairperson of the fact-finding committee. 5.3.2 2. The committee shall meet with the Board's ’s designated representatives and with USPA's designated the Organization’s representatives for the purpose of fact finding. 5.3.3 3. Within five (5) days after the selection of a chairperson, the representatives of the their parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall show the last position taken by each negotiating team. 5.3.4 4. The cost for the services of the fact-finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Organization shall assume the expenses of the representative selected by their organizationthe Organization, and the expenses of the third member shall be shared equally by the Board and USPAthe Organization. 5.3.5 5. The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 6. All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 7. The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties andparties, and within twenty (20) days after the fact-fact finding hearing, hearing shall present its written recommendation to the Board and USPAthe Organization. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 8. If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Organization. The parties shall meet within seven (7) days of the request, request unless both parties deem it unnecessary. At such meeting, meeting the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort.fourteen

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 a. If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time time, following the initial negotiation session, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 b. Within three two (32) days of such declarationdeclarations, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 c. If the mediation process has been utilized and has failed to bring about agreement on of all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 i. A fact-finding committee consisting of three (3) members shall be formed. One One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board within five (5) daysBoard. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: : 1. The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. 2. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. 3. The parties will then continue alternately striking names off from the list until only one (1) name remains. 4. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 ii. The committee shall meet with the Board's designated representatives ’s and with USPA's designated the Association’s negotiation representatives for the purpose of fact fact-finding. 5.3.3 iii. Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at of impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall show the last position taken by each negotiating team. 5.3.4 iv. The cost for the services of the fact-finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: : 1. The Board shall assume the expenses of the representative selected by the Board, USPA . 2. The Association shall assume the expenses of the representative selected by their organization, and the Association. 3. The expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 v. The fact-finding committee shall have authority to establish procedural rules, conduct investigations, investigations and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 vi. All hearings by the fact-finding committee shall be conducted in closed sessionsessions. 5.3.7 vii. The chairperson shall convene the committee for fact fact-finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) days after the fact-finding hearingmeeting, shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 viii. If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. ix. The Board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiation’s impasse process within thirty (30) days of the effect date of implementation.

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first fi day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) working days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-fact finding committee.. (Rev: 7-15-93) 5.3.2 The committee shall meet with the Board's designated representatives ’s and with USPA's designated the Association’s negotiation representatives for the purpose of fact finding. 5.3.3 Within five (5) calendar days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to the fact finding committee shall show be the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) calendar days after the fact-fact finding hearing, meeting shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) calendar days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) calendar days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) calendar days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. (Rev: 7-15-93)

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. All days in this session will be calendar days unless otherwise specified. 5.2 Within three two (32) working days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name finders from the listState Superintendent. The two parties will then continue alternately striking names off representing the Board and the Association shall select the third party from the list until only one (1) name remainssubmitted by the State Superintendent. The remaining name third party shall be considered act as the parties' selection as the third member and shall be the chairperson Chairperson of the fact-finding committeeCommittee. 5.3.2 The committee shall meet with the Board's ’s duly designated representatives and with USPA's designated the Association’s representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating negotiation team. 5.3.4 The cost for of the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative representatives selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties and, within twenty (20) days after the fact-fact finding hearing, shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the state Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any an earlier time following the its initial negotiation sessionnegotiation, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three five (35) days of such declaration, the parties Parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one (1) One member shall be selected by the Board within five (5) days. The third Association and one member shall be selected by the first two Board, within five (2) members within fifteen (155) days as follows: The parties shall of the declaration of impasse or the conclusion of an unsuccessful mediation. These two members will notify the State Superintendent of Public Instruction that a fact finder is needed and request needed. The State Superintendent of Public Instruction (or designee) shall provide a list of five (5) potential fact findersfinders to the parties. If no name is agreeable to both partiesthe representative of the Board and the representative of the Association cannot agree upon a name, then there shall be a coin toss. The winner of the toss shall occur with the party winning the toss having the right decide whether to strike a name first or to have the loser of the toss strike a name first from the list. The parties will two representatives shall then continue alternately striking names off a name from the list until only one (1) name remains. The remaining name That person shall then be considered named to serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a the chairperson, the representatives of the parties shall meet to exchange Exchange written language on of each item at impasse. The exchanged documents shall shal1 be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 5.3.3 The cost for the services of the fact-fact finding committee committee, including the per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 5.3.4 The fact-finding fact Finding committee shall have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given an the opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.5 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, and within twenty (20) days after the fact-fact finding hearing, shall present its written recommendation recommendations to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 5.3.6 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties par ties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives representative shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, statements as provided for by this sectionaction, either party may discontinue such effort. 5.3.7 The local board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local board of education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. 5.4 The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. It shall be illegal for the Association to strike or threaten to strike as a means of resolving differences with the Board. Any member of the Association engaging in a strike shall be denied the full amount of his wages during the period of such violation. 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 school district shall be relieved of the duty to negotiate with such organization or its representatives, as prescribed and outlined in Oklahoma Statutes 70.509.8.

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 a. If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time time, following the initial negotiation session, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 b. Within three two (32) days of such declarationdeclarations, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 c. If the mediation process has been utilized and has failed to bring about agreement on of all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 i. A fact-finding committee consisting of three (3) members shall be formed. One One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board within five (5) daysBoard. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: : 1. The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. 2. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. 3. The parties will then continue alternately striking names off from the list until only one (1) name remains. 4. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 ii. The committee shall meet with the Board's designated representatives ’s and with USPA's designated the Association’s negotiation representatives for the purpose of fact fact-finding. 5.3.3 iii. Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at of impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall show the last position taken by each negotiating team. 5.3.4 iv. The cost for the services of the fact-finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: : 1. The Board shall assume the expenses of the representative selected by the Board, USPA . 2. The Association shall assume the expenses of the representative selected by their organization, and the Association. 3. The expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 v. The fact-finding committee shall have authority to establish procedural rules, conduct investigations, investigations and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 vi. All hearings by the fact-finding committee shall be conducted in closed sessionsessions. 5.3.7 vii. The chairperson shall convene the committee for fact fact-finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) days after the fact-finding hearingmeeting, shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 viii. If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPA. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort.the

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such declaration, the parties may, by mutual agreement, either party may request the services of the Federal Mediation and Conciliation Service. If a mediator is unable to serve within twenty (20) working days of the receipt of the request, the services of a mediator will be used only by mutual agreement. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact fact-finding as follows:. 5.3.1 A fact-finding fact -finding committee consisting of three (3) members shall be formed. One One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties Each representative shall notify the State Superintendent of Public Instruction that a fact finder is needed and request submit a list of five (5) potential fact findersnames. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the other party's list. The parties will then continue alternately striking names off the list each other’s lists until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall who will be the chairperson of the fact-finding committeefinding. 5.3.2 The committee shall meet with the Board's designated representatives of the Board and with USPA's designated representatives the Association for the purpose of fact fact-finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall show the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, USPA ; the Association shall assume the expenses of the representative selected by their organization, the Association; and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact fact-finding. The committee shall meet with the representative of both parties and, and within twenty (20) days after the fact-finding hearing, hearing shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact facts and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, provided after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 All articles mutually agreed upon through the negotiations process, mediation, and/or fact-finding shall become part of the Negotiated Agreement submitted to both parties for ratification.

Appears in 1 contract

Samples: Negotiated Agreement

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Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall will exist. At any an earlier time following the its initial negotiation sessionnegotiation, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such declaration, the parties Parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service.mutual 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall will be submitted to fact finding as follows: 5.3.1 A fact-finding committee consisting of three (3) members shall will be formed. One (1) The Association will select one member shall be selected by USPA and one (1) member shall be selected by the Board will select one member, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committeedeclaration of impasse or the conclusion of an unsuccessful mediation. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a the chairperson, the representatives of the parties shall will meet to exchange written language on of each item at impasse. The exchanged documents shall will be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall will show the last past position taken by each negotiating team. 5.3.4 5.3.3 The cost for the services of the fact-finding committee committee, including the per diem expenses, if any, and actual and necessary travel expenses shall will be shared in the following manner: . The Board shall will assume the expenses of the representative selected by the Board, USPA shall the Association will assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall will be shared equally by the Board and USPAthe Association. 5.3.5 5.3.4 The fact-fact finding committee shall will have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall to the dispute will be given an the opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.5 The chairperson shall will convene the committee for fact finding. The committee shall will meet with the representative representatives of both parties and, and within twenty (20) days after the fact-finding hearing, shall will present its written recommendation recommendations to the Board and USPAthe Association. The report shall will set forth findings of fact and recommendations on the issues submitted. 5.3.8 5.3.6 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall will meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall will exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differenceseach 5.3.7 The local board will file a copy of the fact-finding report with the office of the State superintendent of Public Instruction. The representatives shall then resume a good faith If the effort to resolve differences; provideddifferences is successful, after fourteen (14) days after the exchange parties will draft a written agreement and present the agreement of written statementsboth parties for ratification, and such agreement will also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local board of education will forward to the State Superintendent of Public 5.4 The procedure provided for herein for resolving impasses will be the exclusive recourse of the Association. It will be illegal for the Association to strike or threaten to strike as a means of resolving differences with the Board. Any member of the Association engaging in a strike will be denied the full amount of his wages during the period of such violation. If the Association or its members engage in a strike, then the Association will cease to be recognized as representative of the unit and the school district will be relieved of the duty to negotiate with such organization or its representatives, as provided for by this section, either party may discontinue such effort.prescribed and outlined in Oklahoma Statutes 70.509.8

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 A. Within three two (32) working days of such declaration, the parties may, by mutual agreement, either party may request the services of the Federal Mediation and Conciliation Service. If a mediator is unable to serve within twenty (20) working days of the request, the services of the mediator will be used only by mutual agreement. 5.3 B. If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact fact-finding as follows: 5.3.1 1. A fact-finding committee consisting of three (3) members shall be formed. One One (1) member shall be selected by USPA the Organization and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties : a. Each representative shall notify the State Superintendent of Public Instruction that a fact finder is needed and request submit a list of five (5) potential fact finders. names. b. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the other party’s list. . c. The parties will then continue alternately striking names off the each other’s list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall who will be the chairperson of the fact-fact- finding committee. 5.3.2 2. The committee shall meet with the Board's ’s designated representatives and with USPA's designated the Organization’s representatives for the purpose of fact finding. 5.3.3 3. Within five (5) days after the selection of a chairperson, the representatives of the their parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall show the last position taken by each negotiating team. 5.3.4 4. The cost for the services of the fact-finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Organization shall assume the expenses of the representative selected by their organizationthe Organization, and the expenses of the third member shall be shared equally by the Board and USPAthe Organization. 5.3.5 5. The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 6. All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 7. The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties andparties, and within twenty (20) days after the fact-fact finding hearing, hearing shall present its written recommendation to the Board and USPAthe Organization. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 8. If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Organization. The parties shall meet within seven (7) days of the request, request unless both parties deem it unnecessary. At such meeting, meeting the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort.fourteen

Appears in 1 contract

Samples: Procedural Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall will exist. At any an earlier time following the its initial negotiation sessionnegotiation, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such declaration, the parties Parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall will be submitted to fact finding as follows: 5.3.1 A fact-finding committee consisting of three (3) members shall will be formed. One (1) The Association will select one member shall be selected by USPA and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only select one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committee.member, 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a the chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team.the 5.3.4 5.3.3 The cost for the services of the fact-finding committee committee, including the per diem expenses, if any, and actual and necessary travel expenses shall will be shared in the following manner: . The Board shall will assume the expenses of the representative selected by the Board, USPA shall the Association will assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall will be shared equally by the Board and USPAthe Association. 5.3.5 5.3.4 The fact-fact finding committee shall will have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall to the dispute will be given an the opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.5 The chairperson shall will convene the committee for fact finding. The committee shall will meet with the representative representatives of both parties and, and within twenty (20) days after the fact-finding hearing, shall will present its written recommendation recommendations to the Board and USPAthe Association. The report shall will set forth findings of fact and recommendations on the issues submitted.and 5.3.8 5.3.6 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request has 5.3.7 The local board will file a meeting copy of the representatives who have been negotiating for fact-finding report with the Board and USPA. The parties shall meet within seven (7) days office of the request, unless both parties deem it unnecessaryState superintendent of Public Instruction. At such meetingIf the effort to resolve differences is successful, the parties shall exchange will draft a written statements expressing each party's rationale agreement and present the agreement of both parties for rejecting each recommendation found unacceptable ratification, and shall attempt such agreement will also be forwarded to clarify any remaining differencesthe 5.4 The procedure provided herein for resolving impasses will be the exclusive recourse of the Association. The representatives shall It will be illegal for the Association to strike or threaten to strike as a means of resolving differences with the Board. Any member of the Association engaging in a strike will be denied the full amount of his wages during the period of such violation. If the Association or its members engage in a strike, then resume a good faith effort the Association will cease to resolve differences; provided, after fourteen (14) days after be recognized as representative of the exchange unit and the school district will be relieved of written statementsthe duty to negotiate with such organization or its representatives, as provided for by this section, either party may discontinue such effort.prescribed and outlined in Oklahoma Statutes 70.509.8

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such each declaration, the parties may, by mutual agreement, shall request the services of the Federal Mediation and Conciliation Service. If such services are available within twenty (20) days they will be utilized. If not available within twenty (20) days mediation will be used only by mutual agreement. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-finding fact fining committee. 5.3.2 The committee shall meet with the Board's designated representatives ’s and with USPA's designated the Association’s negotiation representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, any and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) days after the fact-fact finding hearing, meeting shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings finds of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall will exist. At any an earlier time following the its initial negotiation sessionnegotiation, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such declaration, the parties Parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall will be submitted to fact finding as follows: 5.3.1 A fact-finding committee consisting of three (3) members shall will be formed. One (1) The Association will select one member shall be selected by USPA and one (1) member shall be selected by the Board will select one member, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committeedeclaration of impasse or the conclusion of an unsuccessful mediation. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a the chairperson, the representatives of the parties shall will meet to exchange written language on of each item at impasse. The exchanged documents shall will be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall will show the last past position taken by each negotiating team. 5.3.4 5.3.3 The cost for the services of the fact-finding committee committee, including the per diem expenses, if any, and actual and necessary travel expenses shall will be shared in the following manner: . The Board shall will assume the expenses of the representative selected by the Board, USPA shall the Association will assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall will be shared equally by the Board and USPAthe Association. 5.3.5 5.3.4 The fact-fact finding committee shall will have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall to the dispute will be given an the opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.5 The chairperson shall will convene the committee for fact finding. The committee shall will meet with the representative representatives of both parties and, and within twenty (20) days after the fact-finding hearing, shall will present its written recommendation recommendations to the Board and USPAthe Association. The report shall will set forth findings of fact and recommendations on the issues submitted. 5.3.8 5.3.6 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall will meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall will exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall will attempt to clarify any remaining differences. The representatives shall will then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, statements as provided for by this sectionaction, either party may discontinue such effort. 5.3.7 The local board will file a copy of the fact-finding report with the office of the State superintendent of Public Instruction. If the effort to resolve differences is successful, the parties will draft a written agreement and present the agreement of both parties for ratification, and such agreement will also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local board of education will forward to the State Superintendent of Public 5.4 The procedure provided for herein for resolving impasses will be the exclusive recourse of the Association. It will be illegal for the Association to strike or threaten to strike as a means of resolving differences with the Board. Any member of the Association engaging in a strike will be denied the full amount of his wages during the period of such violation. If the Association or its members engage in a strike, then the Association will cease to be recognized as representative of the unit and the school district will be relieved of the duty to negotiate with such organization or its representatives, as prescribed and outlined in Oklahoma Statues 70.509.8

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first fi day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) working days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-fact finding committee.. (Rev: 7­15­93) 5.3.2 The committee shall meet with the Board's designated representatives ’s and with USPA's designated the Association’s negotiation representatives for the purpose of fact finding. 5.3.3 Within five (5) calendar days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to the fact finding committee shall show be the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) calendar days after the fact-fact finding hearing, meeting shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) calendar days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) calendar days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; the remaining differences; provided, after fourteen (14) calendar days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. (Rev: 7­15­93)

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-fact finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA the Association, and one (1) member shall be selected by the Board Board, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact findersfinders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-fact finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPAthe Association's designated negotiation representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 The fact-fact finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-fact finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative representatives of both parties and, within twenty (20) days after the fact-fact finding hearing, meeting shall present its written recommendation to the Board and USPAthe Association. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort. 5.3.9 The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall will exist. At any an earlier time following the its initial negotiation sessionnegotiation, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 Within three two (32) days of such declaration, the parties Parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall will be submitted to fact finding as follows: 5.3.1 A fact-finding fact­finding committee consisting of three (3) members shall will be formed. One (1) The Association will select one member shall be selected by USPA and one (1) member shall be selected by the Board will select one member, within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off the list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall be the chairperson of the fact-finding committeedeclaration of impasse or the conclusion of an unsuccessful mediation. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a the chairperson, the representatives of the parties shall will meet to exchange written language on of each item at impasse. The exchanged documents shall will be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall fact­finding will show the last past position taken by each negotiating team. 5.3.4 5.3.3 The cost for the services of the fact-finding committee fact­finding committee, including the per diem expenses, if any, and actual and necessary travel expenses shall will be shared in the following manner: . The Board shall will assume the expenses of the representative selected by the Board, USPA shall the Association will assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall will be shared equally by the Board and USPAthe Association. 5.3.5 5.3.4 The fact-fact finding committee shall will have the authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall to the dispute will be given an the opportunity to present its case with supporting evidence. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.5 The chairperson shall will convene the committee for fact finding. The committee shall will meet with the representative representatives of both parties and, and within twenty (20) days after the fact-finding fact­finding hearing, shall will present its written recommendation recommendations to the Board and USPAthe Association. The report shall will set forth findings of fact and recommendations on the issues submitted. 5.3.8 5.3.6 If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Association. The parties shall will meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall will exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall will attempt to clarify any remaining differences. The representatives shall will then resume a good faith effort to resolve differences; the remaining differences; provided, after fourteen (14) days after the exchange of written statements, statements as provided for by this sectionaction, either party may discontinue such effort. 5.3.7 The local board will file a copy of the fact­finding report with the office of the State superintendent of Public Instruction. If the effort to resolve differences is successful, the parties will draft a written agreement and present the agreement of both parties for ratification, and such agreement will also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local board of education will forward to the State Superintendent of Public 5.4 The procedure provided for herein for resolving impasses will be the exclusive recourse of the Association. It will be illegal for the Association to strike or threaten to strike as a means of resolving differences with the Board. Any member of the Association engaging in a strike will be denied the full amount of his wages during the period of such violation. If the Association or its members engage in a strike, then the Association will cease to be recognized as representative of the unit and the school district will be relieved of the duty to negotiate with such organization or its representatives, as prescribed and outlined in Oklahoma Statues 70.509.8

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, an impasse shall exist. At any earlier time following the initial negotiation sessiontime, either party may declare an impasse, or, by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. Upon reaching impasse, the items causing the impasse shall be referred to a three-member fact- finding committee. 5.2 Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact finding as follows: 5.3.1 A fact-The fact finding committee consisting of three (3) members shall be formed. One consist of: One (1) member who shall be selected by USPA and the Association within (5) days after the reaching of impasse, one (1) member who shall be selected by the Board within five (5) days. The third days after the reaching of impasse, and one (1) member who shall serve as chairperson of the committee and shall be selected by the first two (2) members within fifteen (15) days as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of five (5) potential fact finders. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 Within five (5) days after the selection of a chairperson, the representatives of the parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 The cost for the services of the fact-fact finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 5.3.3 Within five (5) days after the selection of a chairman, the representatives who have been negotiating for the board and for the Association shall meet to exchange written language on each item at impasse. The fact-finding committee exchanged documents shall have authority to establish procedural rules, conduct investigations, and hold hearings during which be furnished by each party shall be given an opportunity to present its case with supporting evidencethe chairman and other members of the committee. 5.3.6 All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 5.3.4 The chairperson shall convene the committee for fact finding. The This committee shall meet with the representative representatives of both parties and, within parties. Within twenty (20) days after the fact-finding hearingchairman is selected, the committee shall present its written recommendation recommendations to the Board local board and USPA. The report shall set forth findings of fact and recommendations on to the issues submittedAssociation. 5.3.8 5.3.5 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAfor the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, as provided for by this section, either party may discontinue such effort. 5.3.6 The Board shall file a copy of the fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation.

Appears in 1 contract

Samples: Commerce Association of Classroom Teachers Agreement

Impasse. 5.1 If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the initial negotiation session, either party may declare an impasse, or, or by mutual agreement of the parties, the date for declaring impasse may be extended beyond the first day of school. 5.2 . Within three two (32) working days of such declaration, the parties may, by mutual agreement, either party may request the services of the Federal Mediation and Conciliation Service. 5.3 . If a mediator is unable to serve within twenty (20) working days of the request, the services of the mediator will be used only by mutual agreement. If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact fact-finding as follows: 5.3.1 : A fact-finding committee consisting of three (3) members shall be formed. One One (1) member shall be selected by USPA the Organization and one (1) member shall be selected by the Board within five (5) days. The third member shall be selected by the first two (2) members within fifteen (15) days as follows: The parties PESO PROCEDURAL AGREEMENT Each representative shall notify the State Superintendent of Public Instruction that a fact finder is needed and request submit a list of five (5) potential fact findersnames. If no name is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the other party’s list. The parties will then continue alternately striking names off the each other’s list until only one (1) name remains. The remaining name shall be considered as the parties' selection as the third member and shall who will be the chairperson of the fact-finding committee. 5.3.2 . The committee shall meet with the Board's ’s designated representatives and with USPA's designated the Organization’s representatives for the purpose of fact finding. 5.3.3 . Within five (5) days after the selection of a chairperson, the representatives of the their parties shall meet to exchange written language on each item at impasse. The exchanged documents shall be furnished to the chairperson and other members of the committee. Each item being submitted to fact fact-finding shall show the last position taken by each negotiating team. 5.3.4 . The cost for the services of the fact-finding committee including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The the Board shall assume the expenses of the representative selected by the Board, USPA the Organization shall assume the expenses of the representative selected by their organizationthe Organization, and the expenses of the third member shall be shared equally by the Board and USPA. 5.3.5 the Organization. The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party shall be given an opportunity to present its case with supporting evidence. 5.3.6 . All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 . The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties andparties, and within twenty (20) days after the fact-fact finding hearing, hearing shall present its written recommendation to the Board and USPAthe Organization. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 . If either party decides it must reject one or more of the committee's ’s recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPAthe Organization. The parties shall meet within PESO PROCEDURAL AGREEMENT seven (7) days of the request, request unless both parties deem it unnecessary. At such meeting, meeting the parties shall exchange written statements expressing each party's ’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort.fourteen

Appears in 1 contract

Samples: Negotiated Agreement

Impasse. 5.1 5.1. If negotiations are not successfully concluded by the first day of school, school an impasse shall exist. At any earlier time following the its initial negotiation session, either party may declare an impasse, or, or by mutual agreement of the parties, parties the date for declaring impasse may be extended beyond the first day of school. 5.2 5.2. Within three two (32) days of such declaration, the parties may, by mutual agreement, request the services of the Federal Mediation and Conciliation Service. 5.3 5.3. If the mediation process has been utilized and has failed to bring about agreement on all items, or if the mediation process was not utilized, the unresolved items shall be submitted to fact a three-member fact-finding committee as follows: 5.3.1 A 5.3.1. One member of the fact-finding committee consisting of three (3) members shall be formed. One (1) member shall be selected by USPA and one the representatives of the Association within five (15) days after the reaching of impasse. One member of the committee shall be selected by the Board of Education within five (5) daysdays after the reaching of impasse. 5.3.2. The third member of the committee who shall serve as the chairperson of the committee shall be selected by from the first two (2) members within fifteen (15) days as follows: State Superintendent's list of fact- finders. The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request or his/her designee shall provide the names of five potential fact-finders selected at random from a list of appointees who are available to serve as a member and a chairperson of the committee. The Association and the district shall select the fact-finder from the five (5) potential fact findersnames. 5.3.3. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike a name from the list. The parties will then continue alternately striking names off from the list until only one (1) name remains. The remaining person whose name shall be considered remains on the list will serve as the parties' selection as the third member and shall be the chairperson of the fact-finding committee. 5.3.2 The committee shall meet with the Board's designated representatives and with USPA's designated representatives for the purpose of fact finding. 5.3.3 5.3.4. Within five (5) days after the selection of a the chairperson, the chairperson, the representatives of who have been negotiating for the parties Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents document(s) shall also be furnished by each party to the chairperson and other members of the committee. Each item being submitted to fact finding shall show the last position taken by each negotiating team. 5.3.4 5.3.5. The chairperson shall convene the committee for fact-finding. The committee shall meet with representatives of the Board and the Association. Within twenty (20) days after the chairperson is selected, the committee shall submit written recommendations to the Board and to the Association. 5.3.6. If either the Board or the Association decides it must reject one or more of the committee's recommendations, the rejecting party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. These representatives shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The respective representatives shall then resume good faith efforts to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5.3.7. The Board shall file a copy of the fact-finding report with the Office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the Board of Education shall forward to the State Superintendent of Public Instruction, in writing, its final disposition of the negotiation's impasse process within thirty (30) days of the effective date of implementation. 5.3.8. The cost for the services of the fact-finding committee committee, including per diem expenses, if any, and actual and necessary travel expenses shall be shared in the following manner: The Board shall assume the expenses of the representative selected by the Board, USPA the Association shall assume the expenses of the representative selected by their organizationthe Association, and the expenses of the third member shall be shared equally by the Board and USPAthe Association. 5.3.5 5.3.9. The fact-finding committee shall have authority to establish procedural rules, conduct investigations, and hold hearings during which each party to the dispute shall be given an opportunity to present its case with supporting evidence. 5.3.6 5.3.10. All hearings by the fact-finding committee shall be conducted in closed session. 5.3.7 The chairperson shall convene the committee for fact finding. The committee shall meet with the representative of both parties and, within twenty (20) days after the fact-finding hearing, shall present its written recommendation to the Board and USPA. The report shall set forth findings of fact and recommendations on the issues submitted. 5.3.8 If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and USPA. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the parties shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume a good faith effort to resolve differences; provided, after fourteen (14) days after the exchange of written statements, as provided for by this section, either party may discontinue such effort.

Appears in 1 contract

Samples: Negotiated Agreement

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