Mid-Term Bargaining. Section 39.1. Subject to the specific rights retained by the Employer in this Agreement, the Employer recognizes its legal obligation under O.R.C. Chapter 4117 to bargain with the FOP prior to implementation of any changes in wages, hours, or other terms and conditions of employment applicable to members of the bargaining units. Prior to implementing new or changed work rules, policies, or other changes that materially affect wages, hours, or terms or conditions of employment of bargaining unit employees, the Employer will notify the Union seven (7) days in advance of the effective day of implementation. If the Union requests to bargain over such change within the notice period, the Employer and the Union will negotiate in good faith. If the Employer and the Union bargain to impasse, the parties may submit the issues to non-binding mediation. However, if the change is not a topic of bargaining under RC Chapter 4117, or in the case if the change is necessary due to exigent circumstances or a state or federal directive or regulation, the Employer is not required to give a seven (7) day notice or to bargain over the implementation of the change; however, the Employer may elect to do so if time permits, without waiving its rights.
Mid-Term Bargaining. Section 1 - General The purpose of this article is to establish a complete and orderly process to govern mid-term negotiations at all levels. The parties are encouraged to use an IBB approach in all mid-term negotiations and will ensure that negotiators are trained in this approach prior to the inception of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term bargaining will be identified within each article. As appropriate, the Union may initiate mid-term bargaining at all levels on matters affecting the working conditions of bargaining unit employees.
Section 2 - National The Department will forward all proposed changes for which there is a bargaining obligation to the President of the NVAC or designee(s) along with copies of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policy, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays of the demand to bargain. Proposals will be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when the Union submits a bargaining demand. When the Union’s bargaining demand is submitted, the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded sooner. If the parties ...
Mid-Term Bargaining. In the event the City as a result of exigent circumstances (as this term is defined under Ohio law developed under R.C. 4117) that were unforeseen at the time of negotiations or the passage of legislation which conflicts with the terms of this Agreement finds it necessary to seek a change or changes to a term or terms of this Contract, the City, after approval by City Council, shall notify the Union of the proposed change or changes. The Union may, within ten calendar days of such notice, submit a written demand to bargain over such change or changes. Should the Union demand to bargain as provided herein, the parties shall engage in good faith bargaining for a period of not less than five days and not more than ten days. Bargaining shall be conducted by teams consisting of not more than four persons, unless a larger number is mutually agreed to by the City and the Union. If the bargaining teams have not reached agreement by the end of the bargaining period, the parties will engage in mediation for a period of not more than ten days, or until a resolution is reached or impasse is declared by either party, whichever first occurs. The mediator shall be assigned by the State Employment Relations Board, unless the parties mutually agree on a mediator. If the parties have not reached agreement by the end of the mediation period, the City may elect to submit the unresolved issue or issues to conciliation. The conciliator shall be selected and the hearing conducted in accordance with the provisions of R.C. 4117 and the implementing provisions of the Ohio Administrative Code. The City shall maintain the status quo until the conciliator provides his or her decision.
Mid-Term Bargaining. Section 38.1 Mid-Term Bargaining If the Employer is contemplating any changes that would affect wages, hours, and/or conditions of employment for bargaining unit members and such change is a mandatory subject of bargaining in accordance with O.R.C. 4117, that:
A. Is not otherwise provided for in this contract; or
B. Cannot be implemented under the law without bargaining. Then the Employer, prior to making such change, shall inform the union of said proposed change and negotiate to impasse with the union concerning such change. The Employer may unilaterally implement such change after impasse is reached and the union may request that the matter be heard before a conciliator under the procedures of R.C. 4117. Except as provided for in section 2, the parties agree to utilize the established guidelines for conciliation as provided for in the Ohio Revised Code and Ohio Administrative Code.
Mid-Term Bargaining. (A) This Contract concludes collective bargaining between the parties for its term as to any condition of employment specifically covered by the express provisions of this Contract, and both parties waive their right to bargain for the term of this Contract as to such conditions of employment. As to such conditions of employment, this Contract supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated in this Contract.
(B) As to any conditions of employment which constitute a mandatory subject of bargaining and which are not covered by an express provision of this Contract, the Union shall retain its right to bargain during the term of this Contract in the event the City wishes to make any change in such conditions of employment. If the City desires to make such a change during the term of this Contract, it shall first provide the Union with written notice of the proposed change. The Union's bargaining rights shall be implemented according to the following procedure as to proposed changes:
(1) If the Union wishes to exercise its bargaining rights as to the decision and/or effects of the proposed change, it must notify the City in writing within seven
Mid-Term Bargaining. Matters appropriate for mid-term bargaining shall include those issues within the scope of bargaining, as proposed by either PARTY which are either newly formulated, or changes to established personnel policies and practices during the term of this agreement, which affect the working conditions of unit employees
Mid-Term Bargaining. If the Employer is contemplating any changes that would affect the wages, hours, and/or conditions of employment not otherwise provided for in this contract, then the Employer, prior to making such change, shall inform the Union of said proposed change and negotiate to impasse with the Union concerning such change. The Employer may unilaterally implement such change after impasse is reached.
Mid-Term Bargaining. The parties acknowledge that disputes over the terms set forth in this agreement are subject to the grievance procedure. Matters not covered by this agreement, including past practice, that are considered “employment relations,” as defined by PECBA, are subject to bargaining obligations consistent with ORS 243.698. The Union does not waive any mid-term bargaining rights as provided under PECBA regarding matters that are considered employment relations. The City does not waive any rights as provided under PECBA regarding matters that are not considered employment relations. For the purposes of this Section, past practices are those that are long continued, well understood and mutually concurred by the parties.
Mid-Term Bargaining. (A) This Contract concludes collective bargaining between the parties for its term as to any condition of employment specifically covered by the express provisions of this Contract, and both parties waive their right to bargain for the term of this Contract as to such conditions of employment. As to such conditions of
(B) As to any conditions of employment which constitute a mandatory subject of bargaining or a permissive subject of bargaining, and which are not covered by an express provision of this Contract, the Union shall retain its right to bargain during the term of this Contract in the event the City wishes to make any change in such conditions of employment. If the City desires to make such a change during the term of this Contract, it shall first provide the Union with written notice of the proposed change. The Union's bargaining rights shall be implemented according to the following procedure as to proposed changes:
(1) If the Union wishes to exercise its bargaining rights as to the decision and/or effects of the proposed change, it must notify the City in writing within seven (7) days of its receipt of the City's notice. Bargaining as to the decision and/or its effects shall commence within seven (7) days of the Union's notice to the City or at such other times as may be mutually agreed by the parties. Such bargaining shall continue for a period of thirty
Mid-Term Bargaining. Matters appropriate for mid-term bargaining shall include those issues within the scope of bargaining, as proposed by either Party which are either newly formulated or changes to established personnel policies, and practices during the term of this Agreement, which affect the working conditions of Employees.
a) Either Party may propose changes in conditions of employment during the life of the Agreement which are not already covered specifically by the Agreement. The receiving Party will have up to ten (10) working days to respond to the written notice of the proposed change. The notice will at a minimum, contain the following information:
1) The nature and scope of the proposed change;
2) A description of the change;
3) Explanation of the initiating Party’s plans for implementing this change; and
4) Explanation of why the proposed change is necessary.
b) If the receiving Party wishes additional information or an explanation of the proposal, the Party may, within ten (10) working days of receipt of the notice, make a written request for a briefing by the initiating Party, and/or for additional information, in writing, in order to clarify or determine the impact of the proposed change.
