Common use of NEGOTIATING PROCEDURES Clause in Contracts

NEGOTIATING PROCEDURES. Negotiations agreed to, in accordance with the above, will be requested in writing. Such request will include proposals/counter-proposals or in the case of impact bargaining, an indication that the document furnished the Union is furnished in lieu of a proposal. The other party will submit counter-proposals within seven (7) days, and negotiations will begin within fifteen (15) days unless both parties agree otherwise. The following procedures shall be utilized. a. The number of members on either negotiating committee shall not exceed three (3). The number of employees for whom official time is authorized shall not exceed the number of individuals designated as representing the agency as negotiators. b. A chairperson and alternate chairperson will be designated, in writing, for each negotiating committee. Other members may speak with the approval of their chairperson. c. Names of the members on each negotiating committee will be exchanged formally by the parties, in writing, no later than 48 hours prior to the beginning of negotiations. Any changes regarding committee membership will be submitted to the other party prior to the next negotiation session. d. Where Employer proposes a change, as the result of being required to implement an applicable regulation of authority outside the agency, or for other reasons internal to the agency, and the Union seeks to negotiate with respect to the bargainable aspects of the specific item(s) or paragraph(s) of such changes of its impact, Union Negotiators will be on official time. Union counter-proposals covering the subject in specific items or paragraphs proposed by Management will also be on official time. e. Each article of the basic proposal shall be negotiated as quickly as possible in the following manner: 1. When agreement on an article is reached, the chief negotiators shall initial the other party's copy to signify and verify that agreement. 2. If agreement of the article cannot be reached, the item will be set aside and the next articles taken up. 3. Upon exhausting the subsequent articles of the proposal(s), the articles in dispute shall be taken up. The unfinished business of the prior negotiating session shall be the first item of business for the next session. f. Upon reaching agreement on all articles, the agreement shall be signed by the members of both negotiating committees, and by the Union president and the head of the activity, or his representative. This signing constitutes final bargaining on the articles contained herein, except as provided in Article 2 and in those cases where articles are in conflict with the statute and other applicable law, rule, or regulation (unless the agency has granted an exception to the provision).

Appears in 1 contract

Samples: Labor Management Agreement

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NEGOTIATING PROCEDURES. 4.1 Negotiations agreed to, in accordance with for a successor Agreement may be initiated by either party by submitting a written notice to the above, will be requested in writing. Such request opposite party requesting the commencement of negotiations which will include proposals/counterthe full text written non-proposals or in the case of impact bargaining, an indication that the document furnished the Union is furnished in lieu of a economic proposal. This language in no way implies a continuing recognition obligation. The other party will submit counter-proposals within seven notice shall be sent no earlier than one hundred and twenty (7120) days, and negotiations will begin within fifteen no later than ninety (1590) days unless both prior to the expiration date of the Agreement. Within a reasonable time period after receiving notice, the party receiving the request for bargaining shall respond in writing and shall suggest a date at which time the parties agree otherwise. The following procedures shall be utilizedmeet and determine a mutually agreed upon time and place to begin negotiations. a. The number of members on either negotiating committee shall not exceed three (3). The number of employees for whom official time is authorized shall not exceed the number of individuals designated as representing the agency as negotiators. b. A chairperson and alternate chairperson will 4.2 Negotiations ground rules may be designated, in writing, for each negotiating committee. Other members may speak with the approval of their chairperson. c. Names of the members on each negotiating committee will be exchanged formally negotiated by the parties. 4.3 During negotiations, in writing, no later than 48 hours prior to the beginning of negotiationsparties shall meet at mutually acceptable times and locations. Any changes regarding committee membership Negotiations will be submitted to the other party prior to the next negotiation sessionconducted in closed sessions. d. Where Employer proposes a change, as 4.4 Collective bargaining shall be conducted by authorized representatives of the result of being required to implement an applicable regulation of authority outside the agency, or for other reasons internal to the agency, College and the Union seeks to negotiate with respect to the bargainable aspects of the specific item(s) or paragraph(s) of such changes of its impact, Union Negotiators will be on official time. Union counter-proposals covering the subject in specific items or paragraphs proposed by Management will also be on official time. e. Each article of the basic proposal shall be negotiated as quickly as possible in the following manner: 1. When agreement on an article is reached, the chief negotiators shall initial the other party's copy to signify and verify that agreement. 2. If agreement of the article cannot be reached, the item will be set aside and the next articles taken up. 3. Upon exhausting the subsequent articles of the proposal(s), the articles in dispute shall be taken upUnion. The unfinished business parties shall notify each other in writing the names of their authorized bargaining representatives and thereafter of any changes which may occur. All such written communications from the prior negotiating session shall be the first item of business for the next session. f. Upon reaching agreement on all articles, the agreement Union shall be signed by the members Vice President of both negotiating committeesthe Union or designated representative. 4.5 In the event of an impasse, upon conclusion of the fact-finding hearing, the fact finder shall recommend only the last best final total package offer of one of the parties. Neither party may alter its final offer as submitted prior to the release of the mediator. 4.6 When tentative agreement is reached on a particular provision, it will be reduced to writing, initialed and dated by the Union president respective spokesperson of each party. Such agreements are conditional and the head may be withdrawn should subsequent discussions change either team’s understanding of the activity, language as it relates to another part of the Agreement. 4.7 The parties agree that all non-economic issues will be negotiated and agreed upon to the extent possible prior to negotiating economic issues. 4.8 Members of the union negotiation team will be released from duty without pay in order to participate in the negotiations so long as doing so does not create an operational problem for CNM. 4.9 There shall be no new non-economic proposals or his representative. This signing constitutes final bargaining on issues allowed by the articles contained herein, except as provided in Article 2 and in those cases where articles are in conflict union after it has complied with the statute and other applicable law, rule, or regulation (unless the agency has granted an exception to the provision)provisions of 4.1 above.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NEGOTIATING PROCEDURES. 4.1 Negotiations agreed to, in accordance with for a successor Agreement may be initiated by either party by submitting a written notice to the above, will be requested in writing. Such request opposite party requesting the commencement of negotiations which will include proposals/counterthe full text written non-proposals or in the case of impact bargaining, an indication that the document furnished the Union is furnished in lieu of a economic proposal. The other party Employer will submit counterprovide its full-text non-economic proposals within seven no later than two weeks prior to the start of negotiations. This language in no way implies a continuing recognition obligation. The notice shall be sent no earlier than one hundred and twenty (7120) days, and negotiations will begin within fifteen no later than ninety (1590) days unless both prior to the expiration date of the Agreement. Within a reasonable time period after receiving notice, the party receiving the request for bargaining shall respond in writing and shall suggest a date at which time the parties agree otherwise. The following procedures shall be utilizedmeet and determine a mutually agreed upon time and place to begin negotiations. a. The number of members on either negotiating committee shall not exceed three (3). The number of employees for whom official time is authorized shall not exceed the number of individuals designated as representing the agency as negotiators. b. A chairperson and alternate chairperson will 4.2 Negotiations ground rules may be designated, in writing, for each negotiating committee. Other members may speak with the approval of their chairperson. c. Names of the members on each negotiating committee will be exchanged formally negotiated by the parties. 4.3 During negotiations, the parties shall meet at mutually acceptable times and locations. Negotiations will be conducted in writing, closed sessions. 4.4 Collective bargaining shall be conducted by authorized representatives of the College and the Union. The parties shall notify each other in writing the names of their authorized bargaining representatives. Each team shall designate their team members in writing no later than 48 hours prior to the beginning first day of negotiationsnegotiations after which date there shall be no change in the composition of each team, absent some catastrophic occurrence in team members (i.e., severe illness, termination of employment, etc.) unless mutually agreed upon. Any changes regarding committee membership will be submitted to the other party prior to the next negotiation session. d. Where Employer proposes a change, as the result of being required to implement an applicable regulation of authority outside the agency, or for other reasons internal to the agency, and All such written communications from the Union seeks to negotiate with respect to the bargainable aspects of the specific item(s) or paragraph(s) of such changes of its impact, Union Negotiators will be on official time. Union counter-proposals covering the subject in specific items or paragraphs proposed by Management will also be on official time. e. Each article of the basic proposal shall be negotiated as quickly as possible in the following manner: 1. When agreement on an article is reached, the chief negotiators shall initial the other party's copy to signify and verify that agreement. 2. If agreement of the article cannot be reached, the item will be set aside and the next articles taken up. 3. Upon exhausting the subsequent articles of the proposal(s), the articles in dispute shall be taken up. The unfinished business of the prior negotiating session shall be the first item of business for the next session. f. Upon reaching agreement on all articles, the agreement shall be signed by the members Vice President of both negotiating committees, and by the Union president or designated representative. 4.5 In the event an impasse is reached, both parties will exchange their last best final proposal. Only the items on these lists will be discussed in mediation. The mediator for impasse will be from the FMCS (Federal Mediation and the head of the activity, or his representative. This signing constitutes final bargaining on the articles contained herein, except as provided in Article 2 and in those cases where articles are in conflict with the statute and other applicable law, rule, or regulation (unless the agency has granted an exception to the provisionConciliation Service). 4.6 In the event mediation does not resolve the impasse, either party may request fact finding in accordance with Article 4.7

Appears in 1 contract

Samples: Collective Bargaining Agreement

NEGOTIATING PROCEDURES. Negotiations agreed to, in accordance with a. The order of the above, discussion of proposals during negotiation will be requested alternated. This may be determined by the flip of a coin. During negotiations the parties agree to exchange proposals in writing. Such request will include proposals/counter-paper and electronically. b. The parties agree to make proposals available in a Microsoft word format using Microsoft word format normal style in Calibri 12 point font for proposals with no special formatting. c. Either party may table a proposal, or in the case of impact bargaining, an indication that the document furnished the Union is furnished in lieu any part of a proposal. The other party will submit counter-proposals within seven (7) days, and negotiations will begin within fifteen (15) days unless both parties agree otherwise. The following procedures shall be utilized. a. The number of members on either negotiating committee shall not exceed three (3). The number of employees for whom official time is authorized shall not exceed the number of individuals designated as representing the agency as negotiators. b. A chairperson and alternate chairperson will be designated, in writing, for each negotiating committee. Other members may speak with the approval of their chairperson. c. Names of the members on each negotiating committee will be exchanged formally by the parties, in writing, no later than 48 hours prior to the beginning of negotiationsone time. Any changes regarding committee membership will be submitted additional tabling of a proposal requires mutual agreement to the other party prior to the next negotiation sessiontable. d. Where Employer proposes These ground rules are designed to assist the parties in the negotiations and may not prohibit a changeproposal or counter proposal whether in the form of a single issue or package of issues. After the initial exchange of proposals, as the result of being required no new subject or proposals shall be submitted unless mutually agreed to implement an applicable regulation of authority outside the agency, or for other reasons internal to the agency, and the Union seeks to negotiate with respect to the bargainable aspects of the specific item(s) or paragraph(s) of such changes of its impact, Union Negotiators will be on official time. Union counter-proposals covering the subject in specific items or paragraphs proposed by Management will also be on official timeboth Chief Negotiators. e. Each article The parties agree to provide each other within no more than fourteen (14) days any new proposal not exchanged initially. After that date, new proposals may be accepted only at the mutual agreement of the basic proposal parties. f. Either party may call a caucus. The Union will leave the negotiating room and may meet in the space provided or, if the meetings are held electronically, in a meeting call established by the respective parties for caucuses. The length of the caucus will be determined by what is reasonable by the party calling the caucus. However, if the caucus exceeds one (1) hour, the parties will meet to discuss the possibility of tabling the issue or meeting at a later date when the party calling the caucus is better equipped to continue negotiations. g. Copies of required Agency rules, regulations, policies, or law will be made available to the Union by the Agency within a reasonable time after being cited by the Agency or a request is made by the Union. Likewise, any rule, regulation, policy or law cited by the union as supporting its proposals will be made available to the Agency by the union within a reasonable time after a request is made. Direction to a website shall be negotiated as quickly as possible in considered to satisfy this obligation. h. All proposals and counter proposals will be reduced to writing at the following manner:request of either party. 1. When agreement on an article is reachedi. As proposals are agreed upon, the chief negotiators shall negotiator for each party will initial the other party's copy language, thereby certifying that an agreement has been reached subject to signify and verify that agreementagreement on the whole Article. Reopening of an agreed subject must done by the mutual assent of both parties. 2. If agreement j. The parties will retain a signed copy of the article cannot be reached, the item will be set aside and the next articles taken upagreed to proposals upon signing. 3k. Each party shall keep its own notes. Upon exhausting Verbatim and electronic recording of negotiations sessions or meetings between the subsequent articles of the proposal(s), the articles in dispute shall be taken up. The unfinished business of the prior negotiating session shall be the first item of business for the next session. f. Upon reaching agreement on all articles, the agreement shall be signed by the members of both negotiating committees, and by the Union president and the head of the activity, or his representative. This signing constitutes final bargaining on the articles contained herein, except as provided in Article 2 and in those cases where articles are in conflict with the statute and other applicable law, rule, or regulation (unless the agency has granted an exception Parties pursuant to the provision)negotiations is not permitted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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NEGOTIATING PROCEDURES. A. Negotiations for a successor agreement may be initiated by either party by submitting a written notice to the opposite party requesting the commencement of negotiations. The notice shall be sent no earlier than one hundred and twenty (120) and no later than sixty (60) days prior to the Agreement expiration date. Within a reasonable time after receiving notice, the party receiving the request for bargaining shall respond in writing andsuggest a date at which time the parties shall meet and determine a mutually agreed toupon time and place to begin negotiations. B. Negotiations shall be conducted in closed session. C. The Parties shall negotiate ground rules. D. During negotiations, in accordance the parties shall meet at mutually acceptable times and locations. E. The party requesting negotiations shall provide an outline of the articles, or sections, of the collective bargaining agreement that they intend to bring forward as proposed revisions. F. Complete written proposals shall be prepared with the abovearticles, or sections, that each party will be requested in writing. Such request will include proposals/counter-proposals or in discussing at each next scheduled negotiation session. G. All agreements reached by the case of impact bargaining, an indication that the document furnished the Union is furnished in lieu of a proposal. The other party will submit counter-proposals within seven (7) days, and negotiations will begin within fifteen (15) days unless both parties agree otherwise. The following procedures shall be utilized. a. The number of members on either negotiating committee shall not exceed three (3)in writing and marked as Tentative Agreements. The number of employees for whom official time is authorized shall not exceed the number of individuals designated as representing the agency as negotiators. b. A chairperson Tentative Agreements are conditional and alternate chairperson will may be designated, in writing, for each negotiating committee. Other members may speak with the approval of their chairperson. c. Names withdrawn should later discussions changeeither of the members on each negotiating committee will be exchanged formally Parties’ understanding of the language as it relates to another part of the agreement. Unless agreed by the parties, in writing, no later than 48 hours prior to tentative agreements shall not become effective until the beginning of negotiations. Any changes regarding committee membership will be submitted to entire negotiation package is ratified by the other party prior to the next negotiation sessionParties. d. Where Employer proposes a change, as H. If the result of being required to implement an applicable regulation of authority outside the agency, or for other reasons internal to the agency, and the Union seeks to negotiate with respect to the bargainable aspects of the specific item(s) or paragraph(s) of such changes of its impact, Union Negotiators will be on official time. Union counter-proposals covering the subject in specific items or paragraphs proposed by Management will also be on official time. e. Each article of the basic proposal shall be negotiated as quickly as possible in the following manner: 1. When Parties have not reached agreement on an article is reached, a successor agreement before the chief negotiators expiration of this Agreement,the provisions herein shall initial the other party's copy to signify and verify that agreement. 2. If agreement of the article cannot be reached, the item will be set aside and the next articles taken up. 3. Upon exhausting the subsequent articles of the proposal(s), the articles in dispute shall be taken up. The unfinished business of the prior negotiating session shall be the first item of business for the next session. f. Upon reaching agreement on all articles, the agreement shall be signed effect or binding unless agreed to in writing by the members of both negotiating committees, and by the Union president and the head of the activity, or his representative. This signing constitutes final bargaining on the articles contained herein, except as provided in Article 2 and in those cases where articles are in conflict with the statute and other applicable law, rule, or regulation (unless the agency has granted an exception to the provision)Parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NEGOTIATING PROCEDURES. The following negotiating procedures shall be utilized for subsequent negotiations between the CITY and the UNION. A. Negotiations for a successor Agreement may be initiated by either party by submitting a written notice to the opposite party requesting the commencement of negotiations. The notice shall be sent no earlier than one hundred and eighty (180) days, and no less than one hundred and fifty (150) days prior to the Agreement’s expiration date. Within a reasonable time period after receiving notice, the party receiving the request for bargaining shall respond in writing and shall suggest a date at which time the parties shall meet and determine a mutually agreed toupon time and place to begin negotiations. B. Negotiations shall be conducted in closed sessions. C. The parties shall negotiate ground rules. D. During negotiations, in accordance with the aboveparties shall meet at mutually acceptable dates, will be requested in writing. Such request will include proposals/counter-proposals or in times, and locations. E. The party requesting negotiations shall provide a complete written proposal to the case of impact bargaining, an indication that the document furnished the Union is furnished in lieu of a proposalother party once ground rules have been negotiated. The other party shall provide a complete written proposal by the next scheduled negotiation session. All written proposals shall use strikethrough and underline format to track changes from the current bargaining agreement. All subsequent proposals will submit counter-proposals within seven (7) days, track changes using strikethrough and negotiations will begin within fifteen (15) days unless both underline format. F. All agreements reached by the parties agree otherwise. The following procedures shall be utilized. a. The number of members on initialed as Tentative Agreements. Such Tentative Agreements are conditional and may be withdrawn should later discussions change either negotiating committee shall not exceed three (3). The number of employees for whom official time is authorized shall not exceed the number of individuals designated as representing the agency as negotiators. b. A chairperson and alternate chairperson will be designated, in writing, for each negotiating committee. Other members may speak with the approval of their chairperson. c. Names team’s understanding of the members on each negotiating committee will be exchanged formally language as it relates to another part of the agreement. Unless otherwise agreed to by the parties, Tentative Agreements shall not become effective until the parties ratify the entire negotiation package or resolution of impasse, whichever is later. G. Employees participating on the UNION’S negotiating team will be granted administrative leave with pay in writing, order to participate in the bargaining process if on a duty day. Administrative leave for this purpose shall be requested and entered no later less than 48 fifty (50) hours prior to the beginning start of negotiations. Any changes regarding committee membership will be submitted to the employees scheduled shift and may impact other party prior to the next negotiation sessionleaves granted. d. Where Employer proposes a changeH. Should the mediation step of the impasse procedure fail to yield an agreement, as the result of being required to implement an applicable regulation of authority outside the agency, or for other reasons internal to the agency, and the Union seeks may request to negotiate meet with respect the City Manager in a good faith effort to the bargainable aspects resolve differences. This request must be made within five (5) days of the specific item(s) or paragraph(s) end of such changes of its impact, Union Negotiators will be on official time. Union counter-proposals covering the subject in specific items or paragraphs proposed by Management will also be on official timemediation. e. Each article of the basic proposal shall be negotiated as quickly as possible in the following manner: 1. When agreement on an article is reached, the chief negotiators shall initial the other party's copy to signify and verify that agreement. 2. If agreement of the article cannot be reached, the item will be set aside and the next articles taken up. 3. Upon exhausting the subsequent articles of the proposal(s), the articles in dispute shall be taken up. The unfinished business of the prior negotiating session shall be the first item of business for the next session. f. Upon reaching agreement on all articles, the agreement shall be signed by the members of both negotiating committees, and by the Union president and the head of the activity, or his representative. This signing constitutes final bargaining on the articles contained herein, except as provided in Article 2 and in those cases where articles are in conflict with the statute and other applicable law, rule, or regulation (unless the agency has granted an exception to the provision).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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