Deadlock Unless otherwise expressly set forth herein, in the event the Members are unable to reach agreement on or make a decision with respect to any matter on which the Members are entitled to vote, the matter shall be subject to the Internal Dispute Resolution Procedure described in Article 13 hereof.
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.
Disagreement on Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Arbitration Board to reconvene the Board to clarify the decision, which it shall make every effort to do within seven days.
Union Negotiating Committee Leave of absence shall be granted to not more than seven (7) employee representatives selected to negotiate the renewal of the Collective Agreement for necessary time off including travel time, direct negotiating time, and necessary preparation time. The Union shall reimburse the College for all pay during such leave except for the days scheduled by the parties for direct negotiations and up to a maximum of ten (10) days if required, for meetings of the Union Negotiating Committee to prepare for and to complete bargaining.
Negotiation Period The Parties shall negotiate in good faith and attempt to resolve any dispute, controversy or claim arising out of or relating to this Agreement (a “Dispute”) within 30 days after the date that a Party gives written notice of such Dispute to the other Party.
Disagreement Any dissension between the parties other than a grievance defined in the agreement and other than a dispute defined in the Labour Code.
Negotiating Teams The Board, or designated representatives appointed to serve on its team, will meet with representatives designated by the Association for the purpose of establishing procedures for negotiating and reaching mutually satisfactory agreements. Each party's negotiating team shall consist of not more than five members.
Pre-Disciplinary Meeting The College will schedule a pre-disciplinary meeting to permit the faculty member to respond to a notice of intent to discipline. At the beginning of any pre-disciplinary meeting, the College will describe its proposed discipline and the general reasons for issuing the proposed discipline.
Local Negotiating Committee (a) A negotiating committee of four (4) employee representatives appointed by the union including the bargaining unit president.
(b) The Employer shall pay representatives of the Negotiating Committee their respective salaries for all time lost from regularly scheduled hours negotiating the Collective Agreement and renewals thereof, up to and including conciliation and mediation. It is agreed that the employer is not responsible for accommodation, parking, transportation and food costs associated with the employee’s participation in bargaining. Mileage allowance provisions will remain status quo at all CCACs.
Negotiating Committee The Hospital agrees to recognize a Negotiating Committee comprised of representatives of the Association for the purpose of negotiating a renewal agreement. The number of nurses on the Negotiating Committee is set out in the Appendix of Local Provisions. The Hospital agrees to pay members of the Negotiating Committee for time spent during regular working hours in negotiations with the Hospital for a renewal agreement up to, but not including, arbitration.
