IN-TERM BARGAINING. 1. Neither party shall have the duty to bargain on any matter during the term of this Agreement unless such duty is specifically set forth herein or required by law.
2. If, during the term of this Agreement, the parties mutually agree to reopen any provision of this Agreement, or if in-term bargaining is required under Ohio Revised Code Section 4117.08 or by reason of a determination resulting from expedited arbitration as provided herein, the parties shall meet and bargain in good faith at a mutually convenient time commencing within ten (10) workdays of a request by either party or within ten (10) days of a determination resulting from expedited arbitration as provided herein.
3. Mediation with the assistance of FMCS of unresolved permissive issues shall be undertaken by the parties at the request of either party, however, the Board need not retain the status quo during this process. Bargaining of permissive issues under this provision shall not thereby constitute such issue to be a mandatory subject of bargaining. Should the expedited arbitration process determine that the issue constitutes a mandatory subject of bargaining, or should the parties stipulate that the issue constitutes a mandatory subject of bargaining, and if agreement is not reached within forty-five (45) days of the commencement of negotiations and including a period of thirty (30) days of assistance by FMCS, if the Board determines to change the status quo either during or at the close of that process, then the XXXX has the option to declare the expiration of the entire agreement and to take such steps as are available to the XXXX under Revised Code Section 4117.14(D)(2).
4. Should a dispute arise over whether bargaining is required or mandatory under law, such dispute shall be submitted to final and binding expedited arbitration under applicable rules of the American Arbitration Association. The parties shall expedite such proceeding for hearing at the earliest feasible time. Notwithstanding the foregoing, a party may seek court intervention to prevent delay based upon sufficient proof that the issue is a mandatory subject of bargaining and that neither expedited arbitration nor any other available remedy will be adequate. The losing party shall pay the costs of the arbitrator or court costs.
IN-TERM BARGAINING. The College and the Association recognize that, during the course of this contract, unanticipated issues in which the parties have a joint interest may arise. Upon written notification by either party, and where there is mutual agreement of the parties, an in-term bargaining session shall be initiated for the purpose of discussion and attempted resolution of the issues identified in the written notice. In the event the parties reach a tentative agreement, such agreement shall be signed and dated by each party’s designated representative, and shall be presented to the appropriate constituents pursuant to their respective requirements for approval. In the event that agreement is not reached, then the parties will revert to the status quo in existence prior to the commencement of in-term bargaining.
IN-TERM BARGAINING. Any bargaining which takes place during the term of this Agreement, either through mutually agreed upon reopener or as may be required by law, shall be in conformance with procedures set forth in this Article.
IN-TERM BARGAINING. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to negotiate on any subject and neither shall be obliged during the term of this Agreement to re-negotiate any subject covered herein or to negotiate on new matters or University practices or procedures, whether or not covered by the express provisions herein.
IN-TERM BARGAINING. A. The parties recognize that all issues discussed during the negotiations of this contract shall be governed by the provision of this contract.
IN-TERM BARGAINING. If the parties re-open any provision of this contract the parties shall meet and bargain at a mutually convenient time. If any provision of this contract is deemed contrary to law by any court, the parties shall meet and bargain within thirty (30) calendar days after said finding is rendered. If any change occurs in the Ohio Revised Code that alters a term or condition of this Agreement, the parties shall meet and bargain within thirty (30) calendar days after the change in the Ohio Revised Code takes effect. If in-term bargaining is required under Ohio Revised Code 4117.08, the parties shall meet and bargain within thirty (30) calendar days of that requirement. If the parties meet and bargain for those reasons set above and are unable to reach agreement within fifteen (15) calendar days of the first bargaining session, the provisions of Article 3.03, Disagreement; 3.031, Impasse/Mediation; 3.032, Right to Strike; and 3.033, Mutually Agreed Alternative Dispute Settlement Procedure, shall likewise apply to the above in-term bargaining situations. The Board may, but need not, maintain the status quo during in-term bargaining situations.
IN-TERM BARGAINING. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any and all permissible subjects or matters for collective bargaining and that all understandings and agreements arrived at by the parties after exercise of said rights are set forth in this Agreement. Therefore, the College and the Association, for the duration of this Agreement, voluntarily and unqualifiedly waive the right and acknowledge that neither is obligated to bargain collectively with respect to any subject or matter referred to, covered by, included in, or omitted from this Agreement, even though not within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement. However, should both parties agree to bargain, the In-term Bargaining Council (IBC) shall be utilized.
IN-TERM BARGAINING. If during the life of the Contract, bargaining is necessary due to severability or a scheduled reopener provision in the Contract, the parties shall meet and bargain in accordance with the provisions of ORC 4117.
IN-TERM BARGAINING. In Term bargaining results shall not be an intrusion of management rights. Implementation of agreement language which language affects the wages, hours, terms and conditions of employment of a bargaining unit must be bargained in term enforced by the arbitration clause under the agreement. Matters which were not bargained for at the time of the agreement or any extension thereof in which matters affects the wages, hours, terms and conditions of employment shall be bargained between the parties forthwith, subject to enforcement by arbitration award. Matters which were negotiated and rejected by the employer herein at the time of good faith pre-term bargaining shall be treated as a management right prerogative subject to a test of reasonableness under the arbitration clause of the agreement.
IN-TERM BARGAINING. If, during the term of the Contract, in-term bargaining is required under ORC Section 4117.08, the parties shall meet and bargain. If the parties are unable to reach agreement during such in-term bargaining within fifteen (15) days of the first bargaining session, either party may submit the issue to expedited total package final offer binding arbitration in accordance with the procedures stated in Section 3.052 Step IV of this Contract. If neither party invokes binding arbitration, the status quo shall be maintained and will not be subject to change during the remainder of the term of the Contract nor the subject of future bargaining during the term of the Contract. Should a dispute arise over whether or not bargaining is required, the dispute shall be submitted to final and binding expedited arbitration under rules of the American Arbitration Association. The status quo shall be maintained pending the outcome of expedited arbitration. This Section shall not apply to any matters specified by the terms of this Contract. Such terms may not be modified without prior written agreement of the parties.
