Common use of Inability to Reach Agreement Clause in Contracts

Inability to Reach Agreement. a. If the parties are unable to agree on a successor Agreement, either party may at any time thereafter request in writing the appointment of a mediator. The parties shall attempt for three (3) business days from the receipt of the written request to agree on a mediator. If they are unable to agree on a mediator within those three (3) days, the parties shall sign a joint request for a mediator through the Federal Mediation and Conciliation Service (FMCS). b. Mediation shall take place from the assignment of the mediator for a period of 21 days or the expiration of the contract whichever is less. c. In the event agreement is not reached by the expiration date of the Agreement, the Agreement will be extended pursuant to procedures adopted by the State Employment Relations Board (SERB). Whenever, in the judgment of either party, it appears that no more progress can be accomplished by the expiration date of the Agreement or any mutually agreed to extensions, then the Association may initiate the provisions of Section 4117 of the Ohio Revised Code. Which states in pertinent part, "Public employees other than those listed in Division (D) (1) of this section have the right to strike under Chapter 4117 of the Revised Code provided that the employee organization representing the employee has given a ten (10) day prior written notice of an intent to strike to the public employer and to the Board. d. This procedure of Article II.A.11 is the part the parties mutually agreed alternative Dispute Resolution Procedure and supersedes the Dispute Resolution Procedures of the Ohio Revised Code.

Inability to Reach Agreement. a. If the parties are unable to agree on a successor Agreement, either party may at any time thereafter request in writing the appointment of a mediator. The parties shall attempt for three (3) business days from the receipt of the written request to agree on a mediator. If they are unable to agree on a mediator within those three (3) days, the parties shall sign a joint request for a mediator through the Federal Mediation and Conciliation Service (FMCS). b. Mediation shall take place from the assignment of the mediator for a period of 21 days or the expiration of the contract whichever is less. c. In the event agreement is not reached by the expiration date of the Agreement, the Agreement will be extended pursuant to procedures adopted by the State Employment Relations Board (SERB). Whenever, in the judgment of either party, it appears that no more progress can be accomplished by the expiration date of the Agreement or any mutually agreed to extensions, then the Association may initiate the provisions of Section 4117 of the Ohio Revised Code. Which states in pertinent part, "Public employees other than those listed in Division (D) ) (1) of this section have the right to strike under Chapter 4117 of the Revised Code provided that the employee organization representing the employee has given a ten (10) day prior written notice of an intent to strike to the public employer and to the Board. d. This procedure of Article II.A.11 II (10) is the part the parties parties' mutually agreed alternative Dispute Resolution Procedure and supersedes the Dispute Resolution Procedures of the Ohio Revised Code.