Common use of Matters Not Covered by This Agreement Clause in Contracts

Matters Not Covered by This Agreement. In the event that during the term of this Agreement either the Board or the Union desires a change in any wages, hours, terms or conditions of employment not covered by this Agreement, the party desiring the change shall notify the other party in writing of the specific change requested. A committee consisting of an equal number of Board and Union appointees shall meet to consider the requested change and any alternatives that may exist and make recommendations, if any, to the Board and Union. Upon approval by the Board and the Union Executive Board the recommendations shall be implemented. Where either party fails to approve the committee recommendations or where the committee decides to make no recommendation, the party which initiated these procedures may either withdraw its requested change or seek resolution through mediation by notifying the other party in writing of such intent. The party which initiated these procedures shall bear the cost of the mediator’s services. A permanent mediator shall be selected by the parties or the FMCS. Mediation shall continue for a period not to exceed thirty (30) calendar days or three (3) mediation sessions, whichever shall first occur, unless the parties jointly agree to extend such time limit. If such mediation fails to resolve the matter, the permanent mediator shall recommend a settlement in writing. The parties shall consider the settlement in good faith but neither shall be required to adopt or continue to bargain any such change notwithstanding any obligation under law to do so in the absence of this Provision.

Matters Not Covered by This Agreement. In the event that during the term of this Agreement either the Board or the Union desires a change in any wages, hours, terms or conditions of employment not covered by this Agreement, the party desiring the change shall notify the other party in writing of the specific change requested. A committee consisting of an equal number of Board and Union appointees shall meet to consider the requested change and any alternatives that may exist and make recommendations, if any, to the Board and Union. Upon approval by the Board and the Union Executive Board the recommendations shall be implemented. Where either party fails to approve the committee recommendations or where the committee decides to make no recommendation, the party which initiated these procedures may either withdraw its requested change or seek resolution through mediation by notifying the other party in writing of such intent. The party which initiated these procedures shall bear the cost of the mediator’s services. A permanent mediator shall be selected by the parties or the FMCSAAA. Mediation shall continue for a period not to exceed thirty (30) calendar days or three (3) mediation sessions, whichever shall first occur, unless the parties jointly agree to extend such time limit. If such mediation fails to resolve the matter, the permanent mediator shall recommend a settlement in writing. The parties shall consider the settlement in good faith but neither shall be required to adopt or continue to bargain any such change notwithstanding any obligation under law to do so in the absence of this Provision.