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. 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.
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. 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. 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. 1.0801 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 4117.14. If no agreement is reached, upon completion of the bargaining process and after the statutory ten (10) day notice, the Association shall have the right to strike.
IN-TERM BARGAINING. 2.61 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. 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. Mediation with the assistance of Federal Mediation and Conciliation Service or American Arbitration Association 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 Federal Mediation and Conciliation Service or American Arbitration Association, if the Board determines to change the status quo either during or at the close of that process, then the Garfield Heights Teachers Association has the option to declare the expiration of the entire agreement and to take such steps as arc available to the Garfield Heights Teachers Association under Ohio Revised Code Section 4117.14 (D)(2). 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 ...
IN-TERM BARGAINING. Any negotiations required under this Agreement or otherwise by law are subject to the procedures outlined in Article XIV of this Agreement. In the event either party invokes the provisions of Article XIV in an impasse involving bargaining an issue during the term of this Agreement, the mediation procedure in Article XIV, Section 14.04 shall apply to this in-term negotiations impasse except that the entire mediation process in in-term bargaining shall not extend beyond thirty (30) calendar days from the date the first impasse session is held with the Mediator.
