Common use of MID-TERM NEGOTIATIONS Clause in Contracts

MID-TERM NEGOTIATIONS. Section 1. Where a change to conditions of employment is initiated by the Exchange Headquarters notice of the change will be provided by the Agency Spokesperson to the National Union Spokesperson. The National Union Spokesperson, or his designee, may demand bargaining on the proposed change. The Council will provide the Agency with negotiable proposals to the proposed change(s) in working conditions within 7 days of receipt of the proposed change (s). Concurrence of the Union shall be presumed if a timely demand to bargain and negotiable proposals are not received by the Agency within the 7 days, and the proposed change my be implemented. The Parties agree that once bargaining at the National level is completed, bargaining on the change below the Headquarters level is not allowed. Section 2. When a change to conditions of employment is initiated below the Exchange Headquarters level that affects a Local Bargaining Unit, notice of such change will be given by Local Management and bargaining will take place at the local level. A request to bargain must be accompanied by proposals and will be made by the Local Union within 7 calendar days after receipt of the notice. Concurrence of the Union shall be presumed if a timely demand to bargain is not received, and the proposed change may be implemented. Section 3. Ground rules will be negotiated prior to engaging in mid-term bargaining. Section 4. Notice of proposed changes, as provided in this Master Agreement, will include all available necessary and relevant information on the matter. If the Union requires additional information, such requests must be submitted by the close of business on the third calendar day after receipt of notice of the change. The deadline for submission of negotiable proposals will be stayed until the Agency responds to the request. Should timely negotiable proposals be received, except by mutual agreement, the Parties shall commence negotiations no later than 7 calendar days following receipt of the proposals. Failure to commence timely negotiations shall be deemed concurrence with the change. Agreement to extend will not be unreasonably withheld. Section 5. All Mid-Term Agreement(s) will be reduced to writing and shall be enforceable under the negotiated grievance procedure. Section 6. In the event of a dispute as to the level of a duty to bargain over a change in conditions of employment, the Parties agree to refer the matter to the primary representatives at the level of recognition. If the dispute cannot be resolved within 14 calendar days, the Parties reserve their rights under applicable law and collective bargaining agreement, consistent with this Article. It is understood, however, that such referral will be done to determine the level of bargaining, as determined by the scope of the proposed change. Disputes over whether the proposed change would give rise to a duty to bargain at all and disputes over negotiability of a proposal do not fall within this Section. Section 7. This agreement may be reopened at the mid-term in the agreement (18 months after the effective date) as follows: A. Either party may request mid-term negotiations. B. The party requesting mid-term negotiations must provide written notice to the other party no more than 60, nor less than 30, calendar days prior to the mid-term. C. The notice shall contain the number and title of the articles(s) to be reopened and the proposed changes. D. Each party may reopen up to four (4) Articles and propose one (1) additional Article not previously negotiated.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

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MID-TERM NEGOTIATIONS. Section 17.01 Appropriate working conditions, that affect employees covered by this Agreement, shall be determined through collective bargaining of this Agreement between the Union and the Employer. Where Both negotiating committees shall normally have equal representation. 7.02 Subject to paragraph 7.03, when the Employer proposes a change in Personnel policy, practice, or other working conditions, the Employer will notify the Union in writing. If the Union chooses to conditions of employment is initiated respond, it must do so by providing the Exchange Headquarters notice Employer with written proposals within 21 calendar days from the date of the Employer’s proposal. This time limit can be extended upon mutual agreement. It is understood that there may be occasions when the Employer wishes to implement the change quickly and a shorter response time may be appropriate (e.g., due to critical business needs, if the issue is straightforward and non-controversial, etc.). In such cases, the Employer will request that the Union respond in a shorter time frame, but it is understood that if the Union needs the full 21-day response time, it will notify the Employer as soon as possible but no later than 10 days after submission of management’s proposal. 7.03 The Employer will notify the Union of any proposed Employer-initiated space move when floor plans are available and it is known both who will be provided by affected and the Agency Spokesperson to the National Union Spokespersonestimated effective date. The National Union Spokespersonnotification will include the names of affected employees and the estimated effective date. In the case of a move of an entire work unit or larger, the provisions of paragraph 7.02 will apply. In the case of a move involving less than an entire work unit, or his designeea move that is temporary and not expected to remain in place for more than 120 days, may demand bargaining on the proposed change. The Council provisions of paragraph 7.02 will provide apply except that the Agency with negotiable proposals to the proposed change(s) in working conditions within 7 days of receipt of the proposed change (s). Concurrence of response period for the Union shall be presumed if a timely demand one week, with no further extensions unless mutually agreed to. In the event that immediate movement of an employee is necessary in order to bargain and negotiable proposals are not received by restore or retain orderly conduct in the Agency within workplace, it is understood that the 7 daysEmployer is free to effect such move, and that the proposed change my be implemented. The Parties agree Employer will notify the Union immediately; if the Union believes that once bargaining at the National level move is completedunwarranted, bargaining on it may pursue the change below the Headquarters level is not allowed. Section 2. When a change to conditions of employment is initiated below the Exchange Headquarters level that affects a Local Bargaining Unit, notice of such change will be given by Local Management and bargaining will take place at the local level. A request to bargain must be accompanied by proposals and will be made by the Local Union within 7 calendar days after receipt merits of the notice. Concurrence of the Union shall be presumed if a timely demand to bargain is not received, and the proposed change may be implemented. Section 3. Ground rules will be negotiated prior to engaging in mid-term bargaining. Section 4. Notice of proposed changes, as provided in this Master Agreement, will include all available necessary and relevant information on the matter. If the Union requires additional information, such requests must be submitted by the close of business on the third calendar day after receipt of notice of the change. The deadline for submission of negotiable proposals will be stayed until the Agency responds to the request. Should timely negotiable proposals be received, except by mutual agreement, the Parties shall commence negotiations no later than 7 calendar days following receipt of the proposals. Failure to commence timely negotiations shall be deemed concurrence with the change. Agreement to extend will not be unreasonably withheld. Section 5. All Mid-Term Agreement(s) will be reduced to writing and shall be enforceable move under the negotiated grievance procedure. Section 6. In With respect to all moves under this paragraph, it is understood that the event Employer will provide copies of a dispute as to the level of a duty to bargain over a change in conditions of employment, the Parties agree to refer the matter to the primary representatives at the level of recognition. If the dispute cannot be resolved within 14 calendar days, the Parties reserve their rights under applicable law and collective bargaining agreement, consistent with this Article. It is understood, however, that such referral will be done to determine the level of bargaining, as determined proposed floor plans upon request by the scope of the proposed change. Disputes over whether the proposed change would give rise to a duty to bargain at all and disputes over negotiability of a proposal do not fall within this SectionUnion for such plans. Section 7. This agreement may be reopened at the mid-term in the agreement (18 months after the effective date) as follows: A. Either party may request mid-term negotiations. B. The party requesting mid-term negotiations must provide written notice to the other party no more than 60, nor less than 30, calendar days prior to the mid-term. C. The notice shall contain the number and title of the articles(s) to be reopened and the proposed changes. D. Each party may reopen up to four (4) Articles and propose one (1) additional Article not previously negotiated.

Appears in 1 contract

Samples: Professional Agreement

MID-TERM NEGOTIATIONS. Section 11.1. Where The Parties agree to meet at reasonable times and places to negotiate in a change good faith effort to reach an agreement with respect to conditions of employment affecting Employees in the Bargaining Unit. 2.1. When the Agency wishes to implement a change that affects conditions of employment of Employees which is initiated by subject to bargaining, the Exchange Headquarters following procedures will apply: a. The Agency will provide the Union with advance written notice of the intended change and the opportunity for bargaining as appropriate. The Agency notice will include a brief description of the proposed change, an explanation of how the change will be implemented, and the proposed implementation date. b. Should the Union wish to bargain, it will submit written proposals within ten (10) days, and negotiations will commence within seven (7) days thereafter, unless the Parties mutually agree otherwise. Union failure to provide written proposals within the timeframe allotted will constitute a waiver of the Union's right to bargain. 2.2. The Agency shall delay implementation until an agreement is reached except as provided by law, emergency situations, government-wide, or Department of Defense (DOD)/Department of Navy (DON) policy. If an exception applies, the Agency shall continue to bargain on negotiable matters. Nothing herein constitutes a waiver by the Union to contest implementation through the ULP or grievance process. 2.3. If impasse has been reached, either or both Parties may seek the services of the Federal Mediation Conciliation Service. If the Mediation service does not resolve the impasse, the Union may seek the services of the Federal Service Impasse Panel within seven (7) days following the declaration of impasse. If impasse has been declared, the Agency shall delay implementation of its last proposal except as provided in the preceding section. 2.4. Union representatives will be granted a reasonable amount of official time to prepare proposals and attend Union meetings or bargaining sessions. The Union will be authorized no fewer than the number of Agency negotiators. All negotiations will take place on official time during normal duty hours in facilities provided by the Agency Spokesperson to the National Union Spokesperson. The National Union Spokesperson, or his designee, may demand bargaining on the proposed change. The Council will provide the Agency with negotiable proposals to the proposed change(s) in working conditions within 7 days of receipt of the proposed change (s). Concurrence of the Union shall be presumed if a timely demand to bargain and negotiable proposals are not received by the Agency within the 7 days, and the proposed change my be implemented. The Parties agree that once bargaining at the National level is completed, bargaining on the change below the Headquarters level is not allowed. Section 2. When a change to conditions of employment is initiated below the Exchange Headquarters level that affects a Local Bargaining Unit, notice of such change will be given by Local Management and bargaining will take place at the local level. A request to bargain must be accompanied by proposals and will be made by the Local Union within 7 calendar days after receipt of the notice. Concurrence of the Union shall be presumed if a timely demand to bargain is not received, and the proposed change may be implemented. Section 3. Ground rules will be negotiated prior to engaging in mid-term bargaining. Section 4. Notice of proposed changes, as provided in this Master Agreement, will include all available necessary and relevant information on the matter. If the Union requires additional information, such requests must be submitted by the close of business on the third calendar day after receipt of notice of the change. The deadline for submission of negotiable proposals will be stayed until the Agency responds to the request. Should timely negotiable proposals be received, except by mutual agreement, the Parties shall commence negotiations no later than 7 calendar days following receipt of the proposals. Failure to commence timely negotiations shall be deemed concurrence with the change. Agreement to extend will not be unreasonably withheld. Section 5. All Mid-Term Agreement(s) will be reduced to writing and shall be enforceable under the negotiated grievance procedure. Section 6. In the event of a dispute as to the level of a duty to bargain over a change in conditions of employment, unless the Parties agree to refer the matter to the primary representatives at the level of recognitionotherwise. 3.1. If a proposal is declared non-negotiable by the dispute cannot be resolved within 14 calendar daysAgency, the Parties reserve their rights under applicable law and collective bargaining agreement, consistent with this Article. It is understood, however, that such referral Union will be done have the right to determine challenge the level claim of bargaining, as determined by the scope of the proposed change. Disputes over whether the proposed change would give rise to a duty to bargain at all and disputes over negotiability of a proposal do not fall within this Sectionnon-negotiability. Section 3.2. If it is subsequently determined that the proposal was negotiable, or if the Agency withdraws its allegation of non-negotiability, bargaining will resume within seven (7. This agreement may be reopened at the mid-term in the agreement (18 months after the effective date) as follows: A. Either party may request mid-term negotiationsdays. B. The party requesting mid-term negotiations must provide written notice to the other party no more than 60, nor less than 30, calendar days prior to the mid-term. C. The notice shall contain the number and title of the articles(s) to be reopened and the proposed changes. D. Each party may reopen up to four (4) Articles and propose one (1) additional Article not previously negotiated.

Appears in 1 contract

Samples: Collective Bargaining Agreement

MID-TERM NEGOTIATIONS. Section 1. Where a Party proposes to change to conditions of employment is initiated by the Exchange Headquarters notice of a personnel policy, practice, or working condition in which the change is a mandatory subject of negotiation, the following procedures shall apply: a. Notice will be provided by as early as practicable, but normally not later than fifteen (15) calendar days before the Agency Spokesperson Party plans to the National Union Spokesperson. The National Union Spokesperson, or his designee, may demand bargaining on implement the proposed change. The Council Union will provide the Agency with negotiable have ten (10) calendar days in which to request in writing an opportunity to negotiate and submit its proposals to the proposed change(sEmployer. If the Union does not respond in writing within the ten (10) in working conditions within 7 days of receipt calendar days, the Employer may implement without further negotiation. b. The notice will include a description of the proposed change (s)and implementation date. c. When a Party timely requests negotiations, the other Party will delay the implementation. Concurrence of the Union shall be presumed if In extraordinary situations where a timely demand to bargain and negotiable proposals are not received by the Agency within the 7 days, and delay beyond the proposed implementation date would create circumstances involving an overriding exigency or unreasonable delay in the exercise of management rights in carrying out its mission, the change my may be implementedimplemented on an interim basis pending resolution through negotiations, or, if necessary, impasse procedures. The change will be superceded by this negotiated Agreement on the matter, including a return to the status quo ante, if directed or agreed. The Parties agree that once bargaining at to cooperate in impasse resolution procedures through the National level is completed, bargaining on Federal Mediation and Conciliation Service and the change below the Headquarters level is not allowedFederal Services Impasse Panel when timely invoked. Section 2. When The following procedures shall govern the conduct of all mid-term negotiations pursuant to this Article: a. Negotiations shall take place during regular administrative work days unless otherwise mutually agreed to by the Parties. b. The Employer will provide a change to conditions of employment is initiated below site for the Exchange Headquarters level that affects a Local Bargaining Unit, notice of such change negotiations. c. The Union will be given by Local Management and bargaining will take place at authorized the local level. A request to bargain must be accompanied by proposals and will be made by same number of negotiators as the Local Union within 7 calendar days after receipt of the notice. Concurrence of the Employer has designated for its team. d. The Union shall request official time for employee Union representatives, if they would otherwise be presumed if in a timely demand pay and duty status, for time spent in negotiations. e. No premium pay time (overtime) shall be afforded to bargain is not received, and the proposed change may be implementedemployees to enable them to serve as Union representative for negotiations. Section 3. Ground rules It is agreed that only the official designated in writing by the Collective Bargaining Official will have the authority to negotiate on behalf of the Employer and only the representative designated by the Union official shall have the authority to negotiate on behalf of the Union. Any agreement by officials not designated in accordance with Section 1 shall be negotiated prior to engaging in midconsidered non-term bargainingbinding on the Parties. Section 4. Notice of proposed changes, as provided in this Master Agreement, will include all available necessary and relevant information on the matter. If the Union requires additional informationprovides timely proposals, such requests must be submitted by the close of business on the third bargaining will begin within seven (7) calendar day after receipt of notice days of the changeUnion’s written proposals. The deadline for submission following ground rules will apply to all midterm bargaining entered into as a result of negotiable proposals changes and any corresponding obligation to bargain over such changes under 5 U.S.C. 71 of the Statute: (1) Unless otherwise agreed to, bargaining will be stayed until the Agency responds to the request. Should timely negotiable proposals be received, except by mutual agreement, the Parties shall commence negotiations begin at 9:00 a.m. and will end no later than 7 calendar days following receipt 4:30 p.m. (2) Negotiations will be held in a suitable meeting room provided by the Employer. (3) Bargaining will be done using Interest Based Bargaining methods. (4) During negotiations, the chief negotiator for each party will signify agreement on each section by initialing the agreed-upon section. The chief negotiator for each party will retain his/her copies and initial the other party’s copy. This will not preclude the parties from reconsidering or revising any agreed-upon section by mutual consent. (5) The Agreement shall not be completed and finalized until all proposals have been disposed of by mutual consent. Negotiation disputes, including questions of negotiability and impassed items, will be processed in a manner consis- tent with 5 U.S.C. 71 and implementing regulations. This will not serve as a bar to the parties concluding by mutual consent a general agreement on those items which have been or remain to be negotiated. (6) It is agreed that no official transcript will be made of the proposalsnegotiation proceedings. Failure to commence timely negotiations shall be deemed concurrence with the changeHowever, each party may make and keep its own notes and records. Agreement to extend The negotiation proceedings will not be unreasonably withheldrecorded by means of any tape/electric/electronic recording device. Section 5. All Mid-Term Agreement(s) will The Employer agrees to give full consideration to views expressed by the Union. Exceptions to these time factors may be reduced to writing and shall be enforceable under emergency situations that are beyond the negotiated grievance procedurecontrol of the Employer. Section 6. In the event of a dispute as to the level of a duty to bargain over a change in conditions of employment, the Parties agree to refer the matter to the primary representatives at the level of recognition. If the dispute cannot All timeframes under this article may be resolved within 14 calendar days, the Parties reserve their rights under applicable law and collective bargaining agreement, consistent with this Article. It is understood, however, that such referral will be done to determine the level of bargaining, as determined modified by the scope of the proposed change. Disputes over whether the proposed change would give rise to a duty to bargain at all and disputes over negotiability of a proposal do not fall within this Sectionmutual consent. Section 7. This agreement may be reopened at In the mid-term administration of all matters covered by this Agreement, officials and employees are governed by existing and future law and govern- ment regulations, including policies set forth in the agreement (18 months after the effective date) as follows: A. Either party may request mid-term negotiations. B. Federal Personnel Manual or its successor. The party requesting mid-term negotiations must provide written notice to the other party no more than 60, nor less than 30, calendar days prior to the mid-term. C. The notice shall contain the number and title of the articles(s) to be reopened and the proposed changes. D. Each party Parties may reopen up to four (4) Articles by mutual Agreement the contract should a conflict arise between this Agreement and propose one (1) additional Article not previously negotiatedsubsequently published regulations.

Appears in 1 contract

Samples: Negotiated Agreement

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MID-TERM NEGOTIATIONS. Section 1. Where a A. The Agency agrees not to unilaterally establish or change to any personnel policy, practice, or condition of employment without providing notice to, and bargaining with, the Union, in accordance with this article and applicable law. B. Additionally, in accordance with 5 U.S.C. Chapter 71, the Union or the Agency may initiate mid-term bargaining by proposing changes in conditions of employment is initiated provided that such changes are not covered by this or any other CBA between the Exchange Headquarters parties and provided further that such changes do not relate to matters over which either party has expressly waived its right to bargain during the negotiation of this Agreement. C. This article establishes ground rules for mid-term bargaining between the parties. The provisions of this article apply to all mid-term negotiations between the parties unless modified by other articles in this Agreement or agreed to by both parties. A. The Agency shall provide the Union with reasonable advance notice, but normally not less than fifteen (15) calendar days of the proposed changes in conditions of employment. Written notice of the intended changes by the Agency will be served on the Chapter President or his/her designee. The notice shall include: 1. A description of the proposed change; 2. A description of the impact of the change on the bargaining unit; 3. An explanation of how this change will be provided by the Agency Spokesperson to the National Union Spokespersonimplemented; and 4. The National Union Spokesperson, or his designee, may demand bargaining on the proposed change. The Council will provide the Agency with negotiable proposals to the proposed change(s) in working conditions within 7 days An explanation of receipt of why the proposed change (s). Concurrence of the Union shall be presumed if a timely demand to bargain and negotiable proposals are not received by the Agency within the 7 days, and the proposed change my be implemented. The Parties agree that once bargaining at the National level is completed, bargaining on the change below the Headquarters level is not allowednecessary. Section 2. When a change to conditions of employment is initiated below the Exchange Headquarters level that affects a Local Bargaining Unit, notice of such change will be given by Local Management and bargaining will take place at the local level. A request to bargain must be accompanied by proposals and will be made by the Local Union within 7 calendar days after X. Following receipt of the notice. Concurrence of the Union shall be presumed if a timely demand to bargain is not received, and the proposed change may be implemented. Section 3. Ground rules will be negotiated prior to engaging in mid-term bargaining. Section 4. Notice of proposed changes, as provided in this Master Agreement, will include all available necessary and relevant information on the matter. If the Union requires additional information, such requests must be submitted by the close of business on the third calendar day after receipt of notice of the change. The deadline for submission of negotiable proposals will be stayed until the Agency responds to the request. Should timely negotiable proposals be received, except by mutual agreement, the Parties shall commence negotiations no later than 7 calendar days following receipt of the proposals. Failure to commence timely negotiations shall be deemed concurrence with the change. Agreement to extend will not be unreasonably withheld. Section 5. All Mid-Term Agreement(s) will be reduced to writing and shall be enforceable under the negotiated grievance procedure. Section 6. In the event of a dispute as to the level of a duty to bargain over a change proposing changes in conditions of employment, the Parties agree receiving party will be entitled to refer a briefing upon request. Unless agreed otherwise, a briefing will be scheduled by the matter to party initiating the primary representatives notice at a mutually agreeable date, time, and location, no later than fifteen (15) calendar days from the level date of recognitionnotice. C. Unless otherwise agreed, proposals must be submitted within fifteen (15) calendar days of the briefing if one is held. If no briefing is held, proposals must be submitted within fifteen (15) calendar days of the dispute cannot be resolved within 14 calendar daysreceipt of the notice. Unless agreed otherwise, the Parties reserve their rights under applicable law and collective bargaining agreement, parties shall meet to begin negotiations within fifteen (15) calendar days of the proposals being submitted. A. For briefings requested consistent with this Article. It is understoodarticle, however, that such referral official time will be done to determine the level of bargaining, as determined by the scope of the proposed change. Disputes over whether the proposed change would give rise to a duty to bargain at all and disputes over negotiability of a proposal do not fall within this Section. Section 7. This agreement may be reopened at the mid-term in the agreement (18 months after the effective date) as follows: A. Either party may request mid-term negotiations. B. The party requesting mid-term negotiations must provide written notice to the other party no more than 60, nor less than 30, calendar days prior to the mid-term. C. The notice shall contain the number and title of the articles(s) to be reopened and the proposed changes. D. Each party may reopen approved for up to four (4) Articles and propose one (1) additional Article not previously negotiated.three

Appears in 1 contract

Samples: Collective Bargaining Agreement

MID-TERM NEGOTIATIONS. Section 17.01 Appropriate working conditions, that affect employees covered by this Agreement, shall be determined through collective bargaining of this Agreement between the Union and the Employer. Where Both negotiating committees shall normally have equal representation. 7.02 Subject to paragraph 7.03, when the Employer proposes a change in Personnel policy, practice, or other working conditions, the Employer will notify the Union in writing. If the Union chooses to conditions of employment is initiated respond, it must do so by providing the Exchange Headquarters notice Employer with written proposals within 21 calendar days from the date of the Employer’s proposal. This time limit can be extended upon mutual agreement. It is understood that there may be occasions when the Employer wishes to implement the change quickly and a shorter response time may be appropriate (e.g., due to critical business needs, if the issue is straightforward and non-controversial, etc.). In such cases, the Employer will request that the Union respond in a shorter time frame, but it is understood that if the Union needs the full 21-day response time, it will notify the Employer as soon as possible but no later than 10 days after submission of management’s proposal. 7.03 The Employer will notify the Union of any proposed Employer- initiated space move when floor plans are available and it is known both who will be provided by affected and the Agency Spokesperson to the National Union Spokespersonestimated effective date. The National Union Spokespersonnotification will include the names of affected employees and the estimated effective date. In the case of a move of an entire work unit or larger, the provisions of paragraph 7.02 will apply. In the case of a move involving less than an entire work unit, or his designeea move that is temporary and not expected to remain in place for more than 120 days, may demand bargaining on the proposed change. The Council provisions of paragraph 7.02 will provide apply except that the Agency with negotiable proposals to the proposed change(s) in working conditions within 7 days of receipt of the proposed change (s). Concurrence of response period for the Union shall be presumed if a timely demand one week, with no further extensions unless mutually agreed to. In the event that immediate movement of an employee is necessary in order to bargain and negotiable proposals are not received by restore or retain orderly conduct in the Agency within workplace, it is understood that the 7 daysEmployer is free to effect such move, and that the proposed change my be implemented. The Parties agree Employer will notify the Union immediately; if the Union believes that once bargaining at the National level move is completedunwarranted, bargaining on it may pursue the change below the Headquarters level is not allowed. Section 2. When a change to conditions of employment is initiated below the Exchange Headquarters level that affects a Local Bargaining Unit, notice of such change will be given by Local Management and bargaining will take place at the local level. A request to bargain must be accompanied by proposals and will be made by the Local Union within 7 calendar days after receipt merits of the notice. Concurrence of the Union shall be presumed if a timely demand to bargain is not received, and the proposed change may be implemented. Section 3. Ground rules will be negotiated prior to engaging in mid-term bargaining. Section 4. Notice of proposed changes, as provided in this Master Agreement, will include all available necessary and relevant information on the matter. If the Union requires additional information, such requests must be submitted by the close of business on the third calendar day after receipt of notice of the change. The deadline for submission of negotiable proposals will be stayed until the Agency responds to the request. Should timely negotiable proposals be received, except by mutual agreement, the Parties shall commence negotiations no later than 7 calendar days following receipt of the proposals. Failure to commence timely negotiations shall be deemed concurrence with the change. Agreement to extend will not be unreasonably withheld. Section 5. All Mid-Term Agreement(s) will be reduced to writing and shall be enforceable move under the negotiated grievance procedure. Section 6. In With respect to all moves under this paragraph, it is understood that the event Employer will provide copies of a dispute as to the level of a duty to bargain over a change in conditions of employment, the Parties agree to refer the matter to the primary representatives at the level of recognition. If the dispute cannot be resolved within 14 calendar days, the Parties reserve their rights under applicable law and collective bargaining agreement, consistent with this Article. It is understood, however, that such referral will be done to determine the level of bargaining, as determined proposed floor plans upon request by the scope of the proposed change. Disputes over whether the proposed change would give rise to a duty to bargain at all and disputes over negotiability of a proposal do not fall within this SectionUnion for such plans. Section 7. This agreement may be reopened at the mid-term in the agreement (18 months after the effective date) as follows: A. Either party may request mid-term negotiations. B. The party requesting mid-term negotiations must provide written notice to the other party no more than 60, nor less than 30, calendar days prior to the mid-term. C. The notice shall contain the number and title of the articles(s) to be reopened and the proposed changes. D. Each party may reopen up to four (4) Articles and propose one (1) additional Article not previously negotiated.

Appears in 1 contract

Samples: Professional Agreement

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