NEGOTIATION PROCEDURES. A. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent. C. Neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. Each party may select its representatives from within or outside the School District. While the Association and Board shall execute no final agreement without ratification, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession in the course of negotiations. D. If the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate.
Appears in 8 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
NEGOTIATION PROCEDURES. A. At least 150 days prior to the expiration of this Agreement, the parties will begin negotiations for a new agreement covering wages, hours, and conditions of employment of members in the bargaining unit employed by the Board.
B. In any negotiations described in this Article, neither party shall have any control over the selection of the negotiating or bargaining representatives of the other party and each party may select its representatives from within or outside the school district. The parties mutually pledge that representatives selected by each side shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations or bargaining, subject only to ultimate ratification.
C. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board or take any other lawful measures it may deem appropriate.
D. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right right, and each agrees that the other other, shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during E. There shall be three signed copies of the course final agreement for the purpose of record: one retained by the Board, one by the Association, and one by the Superintendent.
F. Any portion of this Agreement that it should may be mutually advisable to both parties to negotiate any given items, opened upon the parties may do so upon written mutual consent.
C. Neither party in any negotiations shall have any control over the selection agreement of the bargaining representatives of the other party. Each party may select its representatives from within or outside the School District. While the Association and Board shall execute no final agreement without ratification, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession in the course of negotiationsBoard.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
NEGOTIATION PROCEDURES. A. It is contemplated that terms and conditions of employment provided in this Agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern to the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties acknowledge that during accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing information and otherwise constructively considering and resolving any such matters.
B. At least sixty (60) days prior to the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life termination of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees upon written request of either party, negotiations will be undertaken. Provided, however, that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered nothing in this Agreement, even though such subjects paragraph or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of elsewhere in this Agreement that it should shall be mutually advisable construed to both parties require the Board to negotiate commit an unfair labor practice or otherwise violate the law by any given items, improper recognition of or support or assistance to the parties may do so upon mutual consentAssociation.
C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While the Association and Board shall execute no final agreement shall be executed without ratificationratification by the Association, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession concessions in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge that By March 1 before the Agreement’s expiration, the Parties shall begin negotiations for a new Agreement covering wages, hours, and other terms and conditions of employment of Teachers employed by the Board. Upon mutual agreement, any Article may be opened for negotiation at any time.
B. A Teacher engaged during the school day in negotiating in behalf of the Association with any representative of the Board or participating in any Grievance Procedure, including Arbitration, shall be released from regular duties without loss of salary. Such release from regular duties shall apply to negotiations which resulted in scheduled or requested by the Board during the school day. The Association shall reimburse the District on a current basis those sums paid to the Office of Retirement Services for Association release time.
C. It is contemplated that matters not specifically covered by this Agreement, each had but of common concern to the unlimited right and opportunity Parties, shall be subject to make demands and proposals with respect professional negotiations between them from time to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of time during this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to upon request by either Party.
D. In any subject or matter not specifically referred to or covered negotiations described in this AgreementArticle, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. Each , and each party may select its representatives from within or outside the School District. While It is recognized that no final Agreement between the Parties may be executed without ratification by a majority of the Board and the Association and Board shall execute no final agreement without ratification, according to their respective procedures; but the parties mutually pledge that their representatives will selected by each shall be clothed with given all necessary power and authority to make proposals, consider proposals proposals, and make concession concessions in the course of negotiationsnegotiations or bargaining, subject only to such ultimate ratification. Such representatives shall be empowered to agree to negotiations schedules and procedures.
D. E. If the parties Parties fail to reach an agreement in any such negotiations, either party Party may invoke the mediation through procedures of the Michigan Employment Relations Commission, Commission (MERC) or take any other lawful measures it may deem appropriate.
Appears in 4 contracts
Samples: Professional Agreement, Professional Agreement, Professional Agreement
NEGOTIATION PROCEDURES. A. It is contemplated that matters not specifically covered by this agreement but of common concern to the parties shall be subject to professional negotiations between them from time to time during the period of this agreement, upon request by either party to the other. The parties acknowledge that during undertake to cooperate in arranging meetings within 30 days of receipt of notice, setting forth generally the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreementcovered, even though selecting representatives for such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreementdiscussions, furnishing necessary information and otherwise constructively considering and resolving any such matters.
B. Should it become apparent during Contract negotiations shall commence each year hereafter by a notice mailed or delivered by the course of this Agreement that it should be mutually advisable Association to both parties to negotiate any given itemsthe Board on or before March 1st setting forth, without limitation, the parties may do so upon mutual consentrequest of the Association for items to be negotiated.
C. Neither party in In any negotiations described in this Section, neither party shall have any control over the selection of the negotiation or bargaining representatives of the other party. Each party may select its representatives from within or outside the School District. While the Association and Board shall execute It is recognized that no final agreement between the parties may be executed without ratificationratification by a majority of the Board of Education and by a majority of the membership of the Association, but the parties mutually pledge that their representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals and make concession concessions in the course of negotiationsnegotiations or bargaining, subject only to such ultimate ratification.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.. EMPLOYMENT RELATIONSHIPS
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
NEGOTIATION PROCEDURES. A. It is contemplated that terms and conditions of employment provided in this Agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public education process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties acknowledge that during accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters.
B. At a reasonable time, not less than four (4) months prior to the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life expiration of this Agreement, each voluntarily and unqualifiedly waives upon the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation request of either or both of the parties at the time that they negotiated or signed this party, negotiations will be undertaken for a successor Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While the Association and Board shall execute no final agreement shall be executed without ratificationratification by the Board and the Association, the parties mutually pledge pledged that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession concessions in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
E. The Association and/or its members shall not engage in nor encourage concerted action of any type against the school district which would be in violation of this contract or in violation of the laws or statutes of the State of Michigan.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge that during the negotiations which resulted terms and conditions of employment in this AgreementAgreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, each had because of the unlimited right special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties, which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters is provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and opportunity otherwise constructively considering and resolving any such matters.
B. Not later than July 1, the Board agrees to make demands negotiate with the Association over a possible Successor Agreement in accordance with the procedure set forth herein in a good-faith effort to reach agreement concerning teachers' salaries and proposals with respect all other conditions of their employment. Such negotiation will include, but not be limited to, the subjects covered by this Agreement and any other matters mutually agreed to any subject or matter not removed be negotiable by law from the area of collective bargainingparties. Any agreement so negotiated will apply to all teachers, and that the understandings will be reduced to writing and agreements arrived at signed by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While the Association and the Board shall execute no final agreement without ratification, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals proposals, and make concession concessions in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge It is contemplated that during the negotiations which resulted terms and conditions of employment provided in this AgreementAgreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, each had because of the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from special nature of the area of collective bargainingpublic education process, and it is likewise recognized that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation from time to time arise of either or both vital mutual concern of the parties at which have not been fully or adequately negotiated between them. It is in the time public interest that they negotiated or signed this Agreementthe opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters.
B. Should it become apparent during At a reasonable time, upon the course request of this Agreement that it should either party, negotiations will be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consentundertaken for a successor Agreement.
C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While the Association and Board shall execute no final agreement shall be executed without ratificationratification by the Board and the Association, the parties mutually pledge pledged that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession concessions in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
E. The Association and/or its members shall not engage in nor encourage concerted action of any type against the school district which would be in violation of this contract or in violation of the laws or statutes of the State of Michigan.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge that that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board Employer and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right right, and each agrees that the other shall not be obligated obligated, to bargain collectively with respect to any subject or matter not specifically referred to to, or covered in this Agreement, even though such subjects or matters matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither party in In any negotiations described in this ARTICLE, neither party shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School District. While the Association and Board shall execute It is recognized that no final agreement between the parties may be executed without ratificationratification by a majority of the Board and by a majority of the membership of the Association, but the parties mutually pledge that their the representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals and make concession concessions in the course of negotiationsnegotiations or bargaining, subject only to such ultimate ratification.
D. C. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, State Labor Mediation Board or take any other lawful measures it may deem appropriatemeasures.
Appears in 2 contracts
NEGOTIATION PROCEDURES. A. It is contemplated that matters not specifically covered by this agreement but of common concern to the parties shall be subject to professional negotiations between them from time to time during the period of this agreement, upon request by either party to the other. The parties acknowledge that during undertake to cooperate in arranging meetings within 30 days of receipt of notice, setting forth generally the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreementcovered, even though selecting representatives for such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreementdiscussions, furnishing necessary information and otherwise constructively considering and resolving any such matters.
B. Should it become apparent during Contract negotiations shall commence each year hereafter by a notice mailed or delivered by the course of this Agreement that it should be mutually advisable Association to both parties to negotiate any given itemsthe Board on or before March 1st setting forth, without limitation, the parties may do so upon mutual consentrequest of the Association for items to be negotiated.
C. Neither party in In any negotiations described in this Section, neither party shall have any control over the selection of the negotiation or bargaining representatives of the other party. Each party may select its representatives from within or outside the School District. While the Association and Board shall execute It is recognized that no final agreement between the parties may be executed without ratificationratification by a majority of the Board of Education and by a majority of the membership of the Association, but the parties mutually pledge that their representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals and make concession concessions in the course of negotiationsnegotiations or bargaining, subject only to such ultimate ratification.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
Appears in 2 contracts
Samples: Master Contract, Master Contract
NEGOTIATION PROCEDURES. A. The parties acknowledge that By March 1 before the Agreement’s expiration, the Parties shall begin negotiations for a new Agreement covering wages, hours, and other terms and conditions of employment of Teachers employed by the Board. Upon mutual agreement, any Article may be opened for negotiation at any time.
B. A Teacher engaged during the school day in negotiating on behalf of the Association with any representative of the Board or participating in any Grievance Procedure, including Arbitration, shall be released from regular duties without loss of salary. Such release from regular duties shall apply to negotiations which resulted in scheduled or requested by the Board during the school day. The Association shall reimburse the District on a current basis those sums paid to the Office of Retirement Services for Association release time.
C. It is contemplated that matters not specifically covered by this Agreement, each had but of common concern to the unlimited right and opportunity Parties, shall be subject to make demands and proposals with respect professional negotiations between them from time to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of time during this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to upon request by either Party.
D. In any subject or matter not specifically referred to or covered negotiations described in this AgreementArticle, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. Each , and each party may select its representatives from within or outside the School District. While It is recognized that no final Agreement between the Parties may be executed without ratification by a majority of the Board and the Association and Board shall execute no final agreement without ratification, according to their respective procedures; but the parties mutually pledge that their representatives will selected by each shall be clothed with given all necessary power and authority to make proposals, consider proposals proposals, and make concession concessions in the course of negotiationsnegotiations or bargaining, subject only to such ultimate ratification. Such representatives shall be empowered to agree to negotiations schedules and procedures.
D. E. If the parties Parties fail to reach an agreement in any such negotiations, either party Party may invoke the mediation through procedures of the Michigan Employment Relations Commission, Commission (MERC) or take any other lawful measures it may deem appropriate.
Appears in 2 contracts
Samples: Professional Agreement, Professional Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this the Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consentconsent do so.
C. Neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While no final agreement shall be executed without ratification by the Association and Board shall execute no final agreement without ratificationBoard, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge that during the negotiations which resulted terms and conditions of employment in this AgreementAgreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, each had because of the unlimited right special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties, which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters is provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and opportunity otherwise constructively considering and resolving any such matters.
B. Not later than June 1, the Board agrees to make demands negotiate with the Association over a possible Successor Agreement in accordance with the procedure set forth herein in a good-faith effort to reach agreement concerning teachers' salaries and proposals with respect all other conditions of their employment. Such negotiation will include, but not be limited to, the subjects covered by this Agreement and any other matters mutually agreed to any subject or matter not removed be negotiable by law from the area of collective bargainingparties. Any agreement so negotiated will apply to all teachers, and that the understandings will be reduced to writing and agreements arrived at signed by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While the Association and the Board shall execute no final agreement without ratification, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals proposals, and make concession concessions in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Master Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge that during the negotiations which resulted in this Agreement, Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that all of the understandings and agreements arrived at by the parties parties, after the exercise of that right and opportunity opportunity, are set forth in this Agreement. ThereforeHowever, it is contemplated that matters not specifically covered by this Agreement could arise during the Board terms of this Agreement and be of such importance that both parties, by mutual consent, might agree to negotiate their solution
B. No later than March 31 or the Association, for the life expiration of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at will begin negotiations for a new contract covering wages, hours, terms and conditions of employment of teachers employed by the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consentBoard.
C. Neither party in In any negotiations described in this Article, neither party shall have any control over the selection of the negotiator or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside without the School Districtschool district. While the Association and Board shall execute It is recognized that no final agreement between the parties may be executed without ratificationratification by the Board of Education and the membership of the Association, but the parties mutually pledge that their representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals proposals, and make concession concessions in the course of negotiationsnegotiations or bargaining, subject only to such ultimate ratification.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures measure it may deem appropriateappropriate including the provisions of P.A. 112.
E. If an Emergency Financial Manager is appointed by the state under the Fiscal Accountability Act, the Emergency Manager may reject, modify or terminate the Agreement as provided by law. This clause is included in this agreement because it is legally required by state law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NEGOTIATION PROCEDURES. A. At the request of the Association, the District agrees to commence negotiations with the Association over a successor agreement in accordance with the procedures set forth herein in a good faith effort to reach agreement concerning administrators’ salaries, hours and other conditions of employment. Such negotiations shall include, but not be limited to, the subjects covered by this Agreement. Any agreement so negotiated shall apply to all administrators in the bargaining unit and shall be reduced to writing and signed by the District and the Association. During negotiations, the District or its designee District and the Association shall present relevant data, exchange points of view, and make proposals and counter proposals. The District agrees to make available to the Association, in response to reasonable written requests, available information as provided in Article I. If negotiations described in this Section A have reached an impasse, either party may request mediation.
B. The parties acknowledge that that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the those understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board District and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right right, and each agrees that the other shall not be obligated obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreementwages, even though such subjects or matters may not have been within the knowledge or contemplation hours and other terms and conditions of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon employment except by mutual consent.
C. Neither party in any negotiations shall have any control over Despite reference herein to the selection of the bargaining representatives of the other party. Each party may select its representatives from within or outside the School District. While District and the Association and Board shall execute no final agreement without ratificationas such, each reserves the parties mutually pledge that their representatives will be clothed with all necessary power and authority right to make proposalsact hereunder by committee, consider proposals and make concession in the course of negotiationsindividual member, or designated representative.
D. If This Agreement may not be modified in whole or in part by the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriateexcept by mutual written agreement.
Appears in 1 contract
Samples: Bargaining Agreement
NEGOTIATION PROCEDURES. A. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this the Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. Each party may select its representatives from within or outside the School Districtschool district. While the Association and Board shall execute no final agreement without ratification, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Master Agreement
NEGOTIATION PROCEDURES. A. It is contemplated that terms and conditions of employment provided in this Agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern to the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties acknowledge that during accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing information and otherwise constructively considering and resolving any such matters.
B. At least sixty (60) days prior to the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life termination of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees upon written request of either party, negotiations will be undertaken. Provided, however, that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered nothing in this Agreement, even though such subjects paragraph or matters may not have been within elsewhere in this Agreement shall be construed to require the knowledge Board to commit an unfair labor practice or contemplation otherwise violate the law by any improper recognition of either or both of support or assistance to the parties at the time that they negotiated or signed this AgreementAssociation.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither X. Xxxxxxx party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While the Association and Board shall execute no final agreement shall be executed without ratificationratification by the Association, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession concessions in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Interim Operating Rules
NEGOTIATION PROCEDURES. A. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this the Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consentconsent do so.
C. Neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. Each party nor each party may select its representatives from within or outside the School Districtschool district. While the Association and Board shall execute no final agreement without ratification, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession in the course of negotiations.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Master Agreement
NEGOTIATION PROCEDURES. A. At least one hundred fifty (150) days prior to the expiration of this Agreement, the parties will begin negotiations for a new agreement covering wages, hours and conditions of employment of members in the bargaining unit employed by the Board.
B. In any negotiations described in the Article, neither party shall have any control over the selection of the negotiating or bargaining representatives from within or outside the school district. It is recognized that no final agreement between the parties may be executed without ratification by a majority of the Board and by a majority of the membership of the Association, but the parties mutually pledge that representatives selected by each side shall be clothed with all necessary power and authority to make proposals, consider proposals and make concessions in the course of negotiations or bargaining, subject only to ultimate ratification.
C. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the Michigan Employment Relations Commission or take any other lawful measures it may deem appropriate.
D. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should E. There shall be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Neither party in any negotiations shall have any control over the selection three (3) officially signed copies of the bargaining representatives final agreement for the purposes of record. One (1) retained by the other party. Each party may select its representatives from within or outside the School District. While Board, one (1) by the Association and Board shall execute no one (1) by the Superintendent.
F. Copies of this final agreement without ratification, the parties mutually pledge that their representatives will shall be clothed with supplied to all necessary power and authority to make proposals, consider proposals and make concession teachers in the course of negotiationsdistrict at Board expense.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Professional Master Contract
NEGOTIATION PROCEDURES. A. The Section A: At least sixty (60) days prior to the expiration 6f this agreement, the MESPA bargaining team shall notify the Board in writing that they are ready to begin negotiations for a new agreement for the ensuing school year(s). Negotiations shall begin during this time . .The parties acknowledge that during the negotiations which resulted in of this Agreementagreement, each had the unlimited right and opportunity to make demands and proposals with respect to any • .any subject or matter not removed by law from the area of collective bargaining, bargaining and that the understandings understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreementagreement. Therefore, the Board district and the Associationunion waive the right, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain ~) b~rgain collectively for the duration of this agreement with respect to any subject or matter whether covered or not specifically referred to or covered in by this Agreementagreement. Provided, even though such subjects or matters may not have been within the knowledge or contemplation of either or both however, that by mutual written agreement of the parties at this agreement may be re-opened for "\ negotiations but that any amendment or supplemental agreement shall not be binding unless executed in writing and signed by the time that they negotiated or signed this Agreementparties.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. Section B: Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each may select its representatives from within or outside the School Districtschool district. While the Association and Board shall execute no final agreement shall be expected without ratificationratification by the union and the Board of Education, the parties mutually pledge that their ~heir representatives will be clothed with all necessary power and authority to make proposals, consider proposals proposals, and make concession concessions in the course of negotiations, subject only to sulb I ultimate ratification.
D. Section C: If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment EmplOYment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NEGOTIATION PROCEDURES. A. The District and Congress may select representatives from within or without the school district. Neither party shall control the representatives of the other.
B. The bargaining teams agree to present a tentative agreement to their respective governing bodies and recommend ratification.
C. No final Agreement between the parties acknowledge that during may be executed without ratification by the negotiations Board and by Congress pursuant to their bylaws.
D. This Agreement incorporates the entire understanding of the parties on all issues which resulted in were or could have been subject to negotiation. During the term of this Agreement, each had the unlimited right and opportunity neither party shall be required to make demands and proposals negotiate with respect to any subject such matter, whether or matter not removed covered by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall whether or not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent E. If the parties agree to negotiate during the course scheduled work day, members of this Agreement that it should the bargaining team shall be mutually advisable to both parties to negotiate any given itemsreleased from regular duties without loss of salary.
F. If negotiations reach impasse, the parties may do so upon mutual consentwill, at the request of either party, submit to the procedure described in MCL 423.207a.
C. Neither party G. The Board will furnish to the Congress official financial records and other information necessary to the resolution of grievances and matters subject to the collective bargaining process, in any negotiations shall have any control over the selection form in which such information is available in the records of the bargaining district, upon specific written request of duly authorized Congress representatives setting forth the specific reasons therefor.
H. Promptly upon ratification by the parties, the Board shall provide hard copies of the other partyAgreement to Congress bargaining team members and make the Agreement electronically available to all members of the Congress.
I. If both parties wish to amend this Agreement, such agreed-upon amendment(s) may be subject to ratification by the Board and the Congress, pursuant to their respective policies and bylaws. Each party may select Any amendment to this Agreement is limited to its representatives from within or outside terms and has no effect on the School District. While remaining portions of the Association and Board shall execute no final agreement without ratificationAgreement, including, but not limited to, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concession in term of the course of negotiationsAgreement.
D. If the parties fail to reach an agreement in any such negotiations, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Master Contract
NEGOTIATION PROCEDURES. A. The terms and conditions of employment in this Agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties, which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters is provided. The parties acknowledge that during accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. Not later than July 1, the negotiations which resulted Board agrees to negotiate with the Association over a possible Successor Agreement in accordance with the procedure set forth herein in a good-faith effort to reach agreement concerning teachers' salaries and all other conditions of their employment. Such negotiation will include, but not be limited to, the subjects covered by this Agreement, each had Agreement and any other matters mutually agreed to be negotiable by the unlimited right and opportunity parties. Any agreement so negotiated will apply to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargainingall teachers, and that the understandings will be reduced to writing and agreements arrived at signed by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. . Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. Each party and each party may select its representatives from within or outside the School Districtschool district. While the Association and the Board shall execute no final agreement without ratification, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals proposals, and make concession concessions in the course of negotiations.
D. . If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation through machinery of the Michigan Employment Relations Commission, Commission or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Samples: Master Agreement
NEGOTIATION PROCEDURES. A. Designated representatives of THE BOARD shall meet at such mutually agreed upon places and times with representatives of the ASSOCIATION for purposes of effecting a collaborative exchange of facts, opinions, interests and proposals in an effort to reach mutual understanding and agreement. Both parties agree to conduct such negotiations in good faith. Unless otherwise agreed, meetings shall not be held during the school day.
B. Negotiations shall be conducted in accordance with the calendar established by PERC regulations.
C. The parties acknowledge understand that during it is important to the success of the collaborative negotiations which resulted in this Agreement, each had that the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, negotiation proceedings remain confidential and that the understandings premature release to news media or public groups of information might be harmful to the parties' mutual interest and agreements arrived at to the public interest, and therefore, any such release shall be made only in writing after it has been agreed to by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreementparties.
B. Should it become apparent during the course of this Agreement that it should be mutually advisable to both parties to negotiate any given items, the parties may do so upon mutual consent.
C. D. Neither party in any negotiations shall have any control over the selection of the bargaining negotiating representatives of the other party. Each party may select its representatives from within or outside the School District. While the Association and Board shall execute no final agreement without ratification, the The parties mutually pledge that their representatives will representative shall be clothed with all necessary power and authority fully authorized to make proposals, consider proposals proposals, and make concession counter proposals in the course of negotiations.
D. If E. This agreement shall not be modified in whole or part by the parties fail except by an instrument in writing duly executed and ratified by both parties.
F. At the request of the Board, this contract may be reopened one time during its term, exclusively for purposes of renegotiating the issue of health benefits. As to reach an all other provisions contained herein, this agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations. As to all matters other than health benefits, this agreement shall remain in any such negotiationseffect until subject to ASCA’s right to negotiate over a successor agreement, either party may invoke mediation through the Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriateas provide herein.
Appears in 1 contract
Samples: Collective Bargaining Agreement