Common use of Inability to Reach Agreement Clause in Contracts

Inability to Reach Agreement. (a) If agreement is not reached within forty-five (45) calendar days of the first collective bargaining meeting in lieu of requesting the State Employment Relations Board to intervene as provided in Section 4117.14(C)(2), the parties agree to submit a joint written request to the Federal Mediation & Conciliation Service (FMCS) for a mediator to assist the parties. Upon mutual agreement, the parties may request mediation from an alternate mediation service. Nothing herein shall prevent the parties from mutually agreeing to continue negotiations without mediation assistance. (b) The mediator shall have the authority to hold bargaining sessions and to confer with any persons deemed necessary to resolve the impasse. The function of the mediator shall be to offer suggestions, ideas, concepts, impressions, etc., for the purpose of moving both parties to a negotiated agreement. (c) If agreement is not reached on unresolved issue(s) by the tenth (10th) calendar day prior to the expiration of the existing agreement or any mutually agreed extension thereof, the Association may give a written ten (10) day notice of an intent to strike to the Board and to the State Employment Relations Board (SERB) in keeping with Section 4117.14(D)(2) of the Ohio Revised Code. (d) Nothing herein shall be construed to prohibit the parties at any time from mutually and voluntarily agreeing to submit any and all issues in dispute to any alternative dispute settlement procedure.

Inability to Reach Agreement. (a) a. If agreement is not reached within forty-five (45) calendar days of the first collective bargaining meeting meeting, in lieu of requesting the State Employment Relations Board SERB to intervene as provided in Section 4117.14(C)(2)) of the Ohio Revised Code, the parties agree to submit a joint written request to the Federal Mediation & Conciliation Service (hereinafter referred to as "FMCS") for a mediator to assist the parties. Upon mutual agreement, the parties may request mediation from an alternate alternative mediation service. Nothing herein shall prevent the parties from mutually agreeing to continue negotiations without mediation assistance. (b) b. The mediator shall have the authority to hold bargaining sessions and to confer with any persons person deemed necessary to resolve the impasse. The function of the mediator shall be to offer suggestions, ideas, concepts, impressions, etc., for the purpose of moving both parties to a negotiated agreement. (c) c. If agreement is not reached on unresolved issue(s) by the tenth (10th) calendar day prior to the expiration of the existing agreement or any mutually agreed extension thereof, or the expiration of the ninety (90) calendar day period identified in Section 2.3a above, whichever is later, the Association may give a written ten (10) day notice of an intent to strike to the Board and to the State Employment Relations Board (SERB) SERB in keeping with Section 4117.14(D)(2) of the Ohio Revised Code. (d) d. Nothing herein shall be construed to prohibit the parties at any time from mutually and voluntarily agreeing to submit any and all issues in dispute to any alternative dispute settlement procedure.