Midterm Bargaining. A. The Board and the Association recognize that only the most extraordinary circumstances will warrant midterm negotiations and such midterm negotiations shall only be sought by either party in the utmost good faith. The Board and the Association agree to submit the issue covered by this Collective Bargaining Agreement to midterm bargaining if one of the following circumstances occur:
1. The parties mutually agree that immediate action is required due to (a) exigent circumstances that were unforeseen at the time of negotiations, or
Midterm Bargaining. If midterm bargaining is conducted, the parties shall commence negotiations with a written request. If negotiations are conducted they shall commence within twenty (20) workdays. If agreement is not reached within twenty (20) workdays of the commencement of such negotiations, the parties shall proceed with the impasse procedures set forth in Article IV, including the Association’s express reservation of its right to strike in regard to the midterm bargaining issues.
Midterm Bargaining. 1. Midterm bargaining shall be viewed by the parties as an activity necessitated under extenuating circumstances or by mutual agreement of the parties. Should compliance with a state or federally mandated or adopted action or program be highly likely to have a detrimental impact upon the District if not implemented, then the Board shall first explore, in good faith, methods of compliance which do not adversely impact Members’ wages, hours, terms and/or conditions of employment. Thereafter, if not resolved, the parties will engage in midterm bargaining in a good faith effort to reach agreement on any and all outstanding issues presented.
2. Before restructuring any school(s) as a result of state or federally mandated actions, assessments or sanctions, the Board will provide the Association with an adequate opportunity to review data and information upon which the determination to restructure is believed to be based and consider any input provided by the Association at least fourteen (14) calendar days prior to any action by the Board. To the extent that any proposed change affects wages, hours, terms and/or conditions of employment, such changes shall be subject to midterm bargaining as set forth in 3.9.1, above.
Midterm Bargaining. As used in this Article, bargaining during the term of the Agreement, otherwise referred to as “midterm bargaining” includes all aspects of negotiations from preliminary meetings on ground rules, if any, through mediation and impasse resolution processes when needed. The parties will utilize information technology and electronic resources to communicate prior to bargaining. The parties also agree to utilize available technology in the bargaining process where efficient and cost effective.
Midterm Bargaining. As used in this Article, bargaining during the term of the Agree- ment, otherwise referred to as “midterm bargaining” includes all aspects of negotiations from preliminary meetings on ground rules, if any, through mediation and impasse resolution processes when needed. The parties will utilize information technology and elec- tronic resources to communicate prior to bargaining. The parties also agree to utilize available technology in the bargaining process where efficient and cost effective.
Section 1 National bargaining
A. Notice of Change and Request to Bargain
1. Midterm collective bargaining between the Department of Labor and the National Council of Field Labor Locals (NC- FLL) is governed, in part, by the provisions of Article 2 of the DOL-NCFLL Agreement.
2. Article 2, Section 4, provides that the Department agrees to issue no regulation which alters the Agreement without be- ing mandated by a change in law, Executive Order, Govern- ment-wide rules or regulations, judicial decision by a court of appropriate jurisdiction, or other higher authority.
3. Amendments to this Agreement or Departmental and/or Agency regulations may be required by mandated changes after the original effective date of the master labor Agree- ment. In Article 2, Section 5, the Department also agrees to transmit to the NCFLL changes proposed during the term of the Agreement but not specifically covered by the Agree- ment which relate to conditions of employment of employ- ees in the bargaining unit and/or which may adversely affect such conditions. The NCFLL will also be notified of any other proposed changes which may impact upon working conditions.
4. In the circumstances described above, the parties agree that the NCFLL has 14 calendar days from receipt of notice of a change in which to request bargaining concerning the proposed changes in the conditions of employment not specifically covered by the Agreement. The Union may be granted an extension to request bargaining for a specified number of days if agreed to by management.
Midterm Bargaining. If midterm bargaining is conducted, the parties shall commence negotiations with a written request. If negotiations are conducted they shall commence within twenty
Midterm Bargaining. Neither party is obligated to bargain over any matter already covered by the agreement. Where a proposed action involves a mandatory subject of bargaining and is not already provided for by the Agreement, then the Employer, prior to making such change, shall inform the Union of said proposed change prior to the date of implementation and meet to negotiate the impact of the decision with the Union.
Midterm Bargaining. Section 1. During the term of this Agreement, the Parties will honor their bargaining obligations, under applicable laws, regulations, and directives of higher authority, to bargain over changes in conditions of employment. The Parties agree to bargain over proposals initiated by either Party involving conditions of employment. The Parties agree that they will not bargain over de minimis changes.
Section 2. Matters covered by this Agreement will not be subject to change, absent mutual consent of the Parties or unless permitted elsewhere in this Agreement. Matters (including LCRs) referred to or fully discussed are covered by this Agreement. Specific terms of this Agreement may be modified only by mutual consent.
Midterm Bargaining. Section A: Midterm bargaining may occur concerning implementation and impact, new matters, any re-opener clause issues as described in this agreement, or by mutual consent.
Section B: Either Management or the Union may enter into midterm bargaining by notifying the other party in writing of the desire to enter into midterm bargaining, the issue to be negotiated, and the chosen method and means for midterm bargaining. Labor shall send the notification to the Director and Management shall send the notification to the Senior Union Official.
Section C: The responding Party shall reply in writing to the initiator within 14 days by either:
(1) agreeing to midterm bargaining or
(2) setting forth reasons as to why the issue cannot be negotiated or
(3) stating that there is no material change to the contract and therefore do not wish to exercise their right to bargain.
Section D: Regardless of the source of the request for midterm bargaining, if Management is the responding party and agrees to negotiate, the response shall be provided to all Senior Union Officials representing any bargaining units along with an invitation to enter into the negotiations. Senior Union Officials shall indicate their intent to enter into the negotiations by accepting the invitation within 14 days.
Section E: If the use of midterm bargaining teams is the chosen method and means for midterm bargaining and more than one local is involved in the negotiations, then management shall appoint no more than four Management representatives and each local shall appoint two Union Representatives to form the negotiation team. The team shall create ground rules for negotiations and enter into negotiations on the identified issue.
Section F: If only one local is involved in the negotiations, then each Party shall appoint no more than two members to form the negotiation team. The team shall create ground rules for negotiations and enter into negotiations on the identified issue.
Section G: Agreements reached by the Parties on additional negotiable items in accordance with this article shall become effective on the date they are approved by the Union and Management. Such agreements shall become a part of this Agreement.
Midterm Bargaining. Union Representatives will be on official time for all midterm bargaining initiated by Management.
