NEGOTIATIONS PROCEDURE. 1. The purpose of this Article is to establish an orderly procedure for negotiations between the Board and Association. 2. The scope of the negotiations shall be limited to wages, hours, and terms and conditions of employment. 3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement. 4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meeting. 5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board. 6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration. 7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public. 8. All proposals for negotiation shall be submitted in writing at the first meeting. 9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board. 10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Board. 11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator. 12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATIONS PROCEDURE. 1. The purpose Each party shall designate a negotiations team of this Article is up to establish an orderly procedure for negotiations between the Board and Association.
2five (5) persons. The scope of the All negotiations shall be limited to wages, hours, and terms and conditions of employment.conducted between said teams. 09-25-18 0165-01 17-MED-04-0559
3. Unless representation has been challenged pursuant Bargaining teams shall be empowered to applicable law, either make proposals and counterproposaKl3s,7096 and to indicate tentative agreement on behalf of the Board or the Association may initiate negotiations by serving written notice parties. Negotiations shall be conducted in good faith. Good faith shall be defined to include adherence to these procedures and a willingness to react to the other party’s proposals. This shall mean that if a proposal is unacceptable to one of the parties, that party is obligated to give its reasons. Good faith does not more require either party to agree to a proposal or make a concession.
4. Both parties shall meet and exchange initial proposals no later than one hundred twenty sixty (12) days nor less than ninety (9060) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meetingcontract.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation A mutually convenient meeting shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Board.
11. If agreement on all issues is not reached within fifty-one held no later than sixty (5160) days prior to the expiration of this Agreement, the contract.
6. No additional items shall be added to the negotiations other than those proposed by the parties in their initial proposals unless mutually agreed to by both parties.
7. Meetings shall be held in executive session unless otherwise mutually agreed. Meetings shall not exceed three (3) hours and meetings subsequent to the first meeting shall be held at times mutually agreeable to the parties.
8. Each party shall have the right to recess its group for independent caucus at any time for a period of thirty (30) minutes or as the parties otherwise mutually agree. Either party may jointly notify the Federal Mediation call upon professional and Conciliation Service (FMCS) that the services of a mediator will be required lay consultants to assist in negotiations and may use its consultants in the manner it deems necessary. With the exception of the chief negotiator for each party, such professionals may not sit at the table and will be used for consultation purposes only. Each party agrees to pay for the services of consultants which it obtains.
9. As negotiation items receive tentative agreement, they shall thereby submit the issues in dispute be reduced to the FMCSwriting and initialed by each party.
10. Such notice shall also be sent to the State Employment Relations Board and shall state that the Both parties agree that not to release information concerning negotiations to persons or groups not immediately concerned in negotiations without mutual consent.
11. The Board will provide the use final typed copies of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediatormutually agreed upon.
12. Nothing in this Article shall be subject The Board and the Association will share equally the cost of providing printed contracts to Article 34’s Grievance Proceduresthe Board members and employees of the school district.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
NEGOTIATIONS PROCEDURE. Section 1. This agreement shall remain in effect until altered or terminated in accordance with the provisions herein.
Section 2. Either the Bargaining Unit or the Board may initiate negotiations by letter of submission to the other party (via certified mail) no earlier than February 1 and no later than April 30 in the year the contract expires. Within fifteen (15) working days after receipt of such notice both parties shall schedule a meeting, unless additional time is mutually agreed upon in writing. The purpose of this Article meeting is to establish an orderly procedure permit the parties to submit a written schedule for establishing the parameters of the negotiation process including the type of negotiations between the Board to be used as well as dates and Associationtimes for major negotiation activities.
2Section 3. At any negotiations session, either party may be represented by no more than four (4) representatives, plus the field representative or attorney. The scope fourth representative may alternate depending upon discussion of topics. Members of the negotiations committee shall be limited released from school duties to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilizeattend these meetings, if necessary, the impasse procedures identified in Section 11 without loss of this Articlepay. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings Meetings shall be mutually scheduledscheduled to interfere the least with normal school operations. The date, time, and place for Nothing herein shall be used to limit the next meeting will be established before adjournment use of each meeting.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification consultants if deemed advisable by the Association and formal adoption by the Board.
6either party. During the period of negotiations, interim reports of progress may be made by the Bargaining Unit and the Board and to all classified employees of the Association may provide each otherschool district, upon written request, all public information it regularly and routinely prepares concerning the issue(s) except as such activity relates to unfair labor practices under consideration.
7. Should either LOCAL 4117.11 O.R.C. Neither party to the negotiations shall issue a news release or public statement during regarding negotiations without the period prior approval of the other party. The chairman of either group may call a caucus at any time.
Section 4. If, after sixty (60) calendar days from the first negotiations session, (but not before the expiration date of the agreement) agreement has not been reached on all items under negotiations, that either party will provide may declare impasse and ask for the other a written copy services of the text Federal Mediation and Conciliation Services to assist in negotiations. The Board of said news release or statement prior to its being made public.Education and the Bargaining Unit agree that the aforementioned Federal Mediation shall supersede all other dispute settlement procedures contained in Chapter 4117.14 O.R.C.
8Section 5. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiationsAs tentative agreements are reached on negotiated items, items agreed to they shall be reduced to writing and signed initialed by representatives each party on the same day of each negotiating teamagreement. It is understood that such signing Upon tentative agreement of the parties on a new contract, the contract shall be tentative only, subject recommended by the Bargaining Unit negotiating team to the membership and submitted to the members for ratification. Upon ratification by the Association and approval Bargaining Unit, the contract shall be recommended by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing ’s negotiating team and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent Board for his submission adoption.
Section 6. The Superintendent/designee shall e-mail a copy of the finalized Negotiated Agreement to all bargaining unit members. Each bargaining unit member is permitted to print one (1) copy of the Negotiated Agreement from a computer owned by the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the BoardEducation.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 2 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement
NEGOTIATIONS PROCEDURE. 1. The parties agree to bargain in good faith. This bargaining obligation requires that the parties meet at reasonable times and confer with a willingness to react to each other’s proposals in an attempt to reach agreement pursuant to this Article. Such obligation does not compel either party to agree to a proposal or require the making of a concession. The sole purpose of this Article Negotiations Procedure is to establish an orderly procedure for negotiations assure discussion between representatives of the Board and Associationthe Association on subjects of negotiation. Compliance with the procedures set forth in this Article shall constitute the full performance contemplated by the parties as a predicate to the Board’s determination of any issue, which may be subject to negotiation.
2. The scope Negotiations shall be conducted by teams representing the respective parties. Each team may consist of the no more than (6) persons.
3. Those subjects which shall be considered for negotiations shall be limited to include wages, hours, and terms and other conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either and the Board continuation, modification or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration deletion of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration an existing provision of this Agreement.
4. All meetings Either party desiring to negotiate concerning subjects of negotiation shall notify the other party in writing not less than seventy-five (75) days before this Agreement expires.
a. Written notification initiated by the Association shall be mutually scheduledaddressed to the Board President. The date, time, and place for the next meeting will be established before adjournment of each meeting.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of Written notification initiated by the Board shall meet be addressed to the Association President.
b. The initial session shall be held within fifteen (15) days of receipt of the notice to negotiate. At the initial session the first item of business shall be exchanging initial written proposals and then establishing an agenda. No new item(s) shall be added to the agenda except upon mutual agreement of the teams.
c. Additional sessions shall be held between the team at mutually agreed times and places.
d. The negotiations period shall begin with the initial negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals session and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.
10. When continue until agreement is reached on all proposalsitems or sixty (60) days have elapsed, whichever occurs first.
e. Each negotiating team will inform the agreement shall be reduced to writing and promptly submitted for ratification by party it represents concerning the Association. Upon such ratification, it will be submitted progress of negotiations during the negotiations period in meetings closed to the Superintendent for his submission public and to representatives of the news media. During the negotiations period there shall not be issued by either party or its representatives, statements or news releases to the Board at its next regularly scheduled meetingnews media concerning the progress of negotiations, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Boardeither party declares impasse.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
NEGOTIATIONS PROCEDURE. Section 1. This agreement shall remain in effect until altered or terminated in accordance with the provisions herein.
Section 2. Either the Bargaining Unit or the Board may initiate negotiations by letter of submission to the other party (via certified mail) no earlier than February 1 and no later than April 30 in the year the contract expires. Within fifteen (15) working days after receipt of such notice both parties shall schedule a meeting, unless additional time is mutually agreed upon in writing. The purpose of this Article meeting is to establish an orderly procedure permit the parties to submit a written schedule for establishing the parameters of the negotiation process including the type of negotiations between the Board to be used as well as dates and Associationtimes for major negotiation activities.
2Section 3. At any negotiations session, either party may be represented by no more than four (4) representatives, plus the field representative or attorney. The scope fourth representative may alternate depending upon discussion of topics. Members of the negotiations committee shall be limited released from school duties to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilizeattend these meetings, if necessary, the impasse procedures identified in Section 11 without loss of this Articlepay. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings Meetings shall be mutually scheduledscheduled to interfere the least with normal school operations. The date, time, and place for Nothing herein shall be used to limit the next meeting will be established before adjournment use of each meeting.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification consultants if deemed advisable by the Association and formal adoption by the Board.
6either party. During the period of negotiations, interim reports of progress may be made by the Bargaining Unit and the Board and to all classified employees of the Association may provide each otherschool district, upon written request, all public information it regularly and routinely prepares concerning the issue(s) except as such activity relates to unfair labor practices under consideration.
7. Should either 4117.11 O.R.C. Neither party to the negotiations shall issue a news release or public statement during regarding negotiations without the period prior approval of the other party. The chairman of either group may call a caucus at any time.
Section 4. If, after sixty (60) calendar days from the first negotiations session, (but not before the expiration date of the agreement) agreement has not been reached on all items under negotiations, that either party will provide may declare impasse and ask for the other a written copy services of the text Federal Mediation and Conciliation Services to assist in negotiations. The Board of said news release or statement prior to its being made public.Education and the Bargaining Unit agree that the aforementioned Federal Mediation shall supersede all other dispute settlement procedures contained in Chapter 4117.14 O.R.C.
8Section 5. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiationsAs tentative agreements are reached on negotiated items, items agreed to they shall be reduced to writing and signed initialed by representatives each party on the same day of each negotiating teamagreement. It is understood that such signing Upon tentative agreement of the parties on a new contract, the contract shall be tentative only, subject recommended by the Bargaining Unit negotiating team to the membership and submitted to the members for ratification. Upon ratification by the Association and approval Bargaining Unit, the contract shall be recommended by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing ’s negotiating team and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent Board for his submission adoption.
Section 6. The Superintendent/designee shall e-mail a copy of the finalized Negotiated Agreement to all bargaining unit members. Each bargaining unit member is permitted to print one (1) copy of the Negotiated Agreement from a computer owned by the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the BoardEducation.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
NEGOTIATIONS PROCEDURE. 1. 5.1 The purpose of procedures set forth in this Article is to establish an orderly procedure for will govern negotiations conducted between the Board and Associationthe Union.
2. The scope of the negotiations shall be limited to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either 5.2 Either the Board or the Association Union may initiate negotiations by serving written notice to the other party not more than one hundred twenty ninety (1290) days nor less than ninety sixty (9060) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association Board and Board Union will notify the State Employment Relations Board (SERB) SERB of the offer to negotiate and will provide SERB with a copy of this Agreementthe existing collective bargaining agreement.
5.3 Requests in writing for negotiation meetings from the Union will be made directly to the Superintendent of Schools. Requests in writing from the Superintendent or the Board or their representatives will be made to the Union President.
5.4 An agreement will be reached within five (5) days of the request as to the time and place of the meeting which will be held within fifteen (15) calendar days after the request has been submitted, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the unless both parties agree otherwiseto an extension of time. Further meetings will be held at the request of
5.5 The Board will designate a team of not more than six (6) to represent it in the negotiations (hereinafter referred to as Board negotiators) and will furnish the Union the names of its representatives in advance of the first negotiating meeting. The Union will designate a team of not more than six (6) or alternates in the negotiations (hereinafter referred to as the Committee) and will furnish the Board the names of its representatives and alternates in advance of the first negotiating meeting. In addition, no each negotiation team may use two (2) consultants in the course of negotiations meeting meetings. No other person or persons will be present during the negotiations meetings unless mutually agreed upon by the Board negotiators and Union's Committee. Half of the negotiation sessions will be scheduled during business hours (8:00 am — 4:00 pm) and bargaining unit members shall begin prior to the one hundred twentieth be paid their regular hourly rate of pay. Time spent in negotiations shall not be included in overtime calculations. Negotiating team members who work second shift shall be given release time. Negotiation sessions outside of business hours (120thafter 4:00 pm or weekends) day before the expiration of this Agreementshall be without pay.
4. All meetings shall be mutually scheduled. The date, time, and place for 5.6 Within a reasonable period of time after request therefore by the next meeting will be established before adjournment Chairman of each meeting.
5. Each party shall have full authority to choose its own negotiating members. The the negotiating team of the Board shall meet Union, copies of public records pertaining to the financial status of the School district and of other public records, the release of which is not prohibited by state or Federal law, will be made available at cost. Access to available records in such form as they may exist constitutes compliance with the negotiating team of O.A.P.S.E this Section, and there will be no obligation to negotiate develop data or information not in good faith. Each negotiating team shallexistence or to rework, redraft, summarize, compute or otherwise develop records other than in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyertheir existing form. The parties shall ensure that their respective negotiating teams shall have all necessary authority Union agrees to make proposalsfurnish, counter-proposalswithin a reasonable period of time after request therefor, consider available documentation referred to any proposals and counter-proposals which it advances in negotiations. Neither the Board's negotiators nor the Union's Committee is obligated to supply data or written information which has been prepared principally for its own confidential use in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
65.7 Negotiations meetings will be conducted in good faith and will be in executive session. During Information to news media during negotiations must be presented in writing to the period other party prior to release. Progress reports to the members of the Board of Education and to members of the Union may be made periodically during negotiations at the discretion of the negotiating teams.
5.8 When a tentative agreement is reached through negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party tentative agreement will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed be reviewed for accuracy by representatives both negotiating teams before submitting to the Union and the Board for approval. The final negotiated agreement will be recommended for ratification and adoption by the members of each both negotiating teamteams. It is understood that such signing shall be tentative only, subject to After ratification by the Association Union, the agreement will be signed by the Union president and approval forwarded to the Superintendent of Schools for consideration and adoption by the Board.
10. When agreement is reached on all proposalsUpon Board approval, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution binding upon both parties and will be entered into become part of the official minutes of the Board, whereupon Board of Education. If the parties mutually agree to negotiate during the term of the contract, the agreed upon items will become part of the agreement. Each line of each page of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Boardnumbered.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATIONS PROCEDURE. 1Negotiations will be completed through a collaborative interest-based process. 17-1 Definitions and timelines for negotiations
17-1 3 The first meeting shall be devoted primarily to the bargaining units presenting their items for discussion and building a calendar. The Association and the District may each bring up to two (2) items to the table for discussion. Compensation will always be discussed. In addition, mutually agreed upon items between the District and the Association will also be proposed at this time.
00-0 Xxx Xxxxxxxx shall recognize labor or employee organizations as representatives of employees for the purpose of this Article is to establish an orderly procedure for negotiations between the Board and Association.bargaining with respect to: 17-2-2 Fringe benefits 17-2-3 Personnel evaluation procedures 17-2-4 Personnel transfer procedures 00-0-0 Xxxxxx of workday 17-2-6 Grievance procedures 17-2-7 Other mutually agreed upon items
2. The scope of the negotiations shall be limited to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meeting.
5. 17-3 Each party shall have full authority to choose its own negotiating members. The negotiating team designate in writing the names of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five six (56) individuals to persons who shall serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority and be empowered to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiationsspeak for them, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party be responsible for negotiations pursuant to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy provisions of the text agreement. Either party may have up to two (2) consultants at any negotiations session; however, neither party may have more than six (6) team members and two (2) consultants at the table at one time unless mutually agreed upon. Each party shall, at the time of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting, designate the person on their team who will be the spokesman or chief negotiator.
917-4 The teams shall meet at reasonable times and places for the purpose of negotiating such a subsequent agreement. During the course of negotiations, items agreed to Negotiating meetings shall be reduced scheduled at times which will interfere least with the employee workday and the educational program. When it is mutually agreed that it appears necessary for the expediency of the negotiating process, the District will allow the employee to writing be absent from work.
17-5 An article or portion thereof is considered a tentative agreement only when mutually signed and signed dated by representatives of each negotiating teamboth parties. It is understood and agreed that such signing shall be all tentative only, agreements negotiated by the parties’ representatives are subject to formal ratification by the Association Superintendent and approval by the Boardmembers of the bargaining unit.
10. 17-6 When agreement is reached tentative agreements have been negotiated on all proposalsmatters submitted by the parties, the agreement shall be reduced to writing and promptly submitted presented to the unit members for ratification. The bargaining unit shall have fifteen (15) business days from the date the agreement is presented in which to file a written report of their action to the Superintendent. Following such ratification, the agreement shall be subject to ratification by the AssociationSuperintendent at an official meeting which shall take place within thirty (30) business days of the date the bargaining unit notifies the Superintendent of ratification. After ratification by both parties, the chief officers of the District and the bargaining unit shall sign the ratified agreement.
17-7 During negotiations, the District and the bargaining unit, through their representatives, will present relevant data, exchange points of view, and present specific proposals and counter proposals. Upon the request of either party, the other will make available for inspection and copying, data and records pertinent to the subject of negotiations in accordance with the Colorado open records law. Both parties have the right to request that their most recent proposals be answered by a written counter proposal submitted by the other party.
00-0 Xxxxxxx may be declared by mutual agreement, or by either party, at any time. Upon the occurrence of impasse, both parties shall meet to determine the matters remaining unresolved and shall prepare a statement of their position on such ratification, it will matters as of the last formal bargaining session between the parties. Unresolved issues shall be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes process of the Board, whereupon the term mediation as a means of the agreement resolution. 17-9-1 The mediator shall be effective. No Agreement will be considered effective unless and until ratified by selected in the Association members and approved by formal resolution by the Board.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATIONS PROCEDURE. 1Negotiations will be completed through a collaborative interest-based process. 17-1 Definitions and timelines for negotiations
17-1 2 The first meeting between representatives of the district and the bargaining unit shall be held on or before March 15.
17-1 3 The first meeting shall be devoted primarily to the bargaining units presenting their items for discussion and building a calendar. The Association and the District may each bring up to two (2) items to the table for discussion. Compensation will always be discussed. In addition, mutually agreed upon items between the District and the Association will also be proposed at this time.
17-2 The District shall recognize labor or employee organizations as representatives of employees for the purpose of this Article is to establish an orderly procedure for negotiations between the Board and Association.bargaining with respect to: 17-2-2 Fringe benefits 17-2-3 Personnel evaluation procedures 17-2-4 Personnel transfer procedures 17-2-5 Length of workday 17-2-6 Grievance procedures 17-2-7 Other mutually agreed upon items
2. The scope of the negotiations shall be limited to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meeting.
5. 17-3 Each party shall have full authority to choose its own negotiating members. The negotiating team designate in writing the names of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five six (56) individuals to persons who shall serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority and be empowered to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiationsspeak for them, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party be responsible for negotiations pursuant to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy provisions of the text agreement. Either party may have up to two (2) consultants at any negotiations session; however, neither party may have more than six (6) team members and two (2) consultants at the table at one time unless mutually agreed upon. Each party shall, at the time of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting, designate the person on their team who will be the spokesman or chief negotiator.
917-4 The teams shall meet at reasonable times and places for the purpose of negotiating such a subsequent agreement. During the course of negotiations, items agreed to Negotiating meetings shall be reduced scheduled at times which will interfere least with the employee workday and the educational program. When it is mutually agreed that it appears necessary for the expediency of the negotiating process, the District will allow the employee to writing be absent from work.
17-5 An article or portion thereof is considered a tentative agreement only when mutually signed and signed dated by representatives of each negotiating teamboth parties. It is understood and agreed that such signing shall be all tentative only, agreements negotiated by the parties’ representatives are subject to formal ratification by the Association Superintendent and approval by the Boardmembers of the bargaining unit.
10. 17-6 When agreement is reached tentative agreements have been negotiated on all proposalsmatters submitted by the parties, the agreement shall be reduced to writing and promptly submitted presented to the unit members for ratification. The bargaining unit shall have fifteen (15) business days from the date the agreement is presented in which to file a written report of their action to the Superintendent. Following such ratification, the agreement shall be subject to ratification by the AssociationSuperintendent at an official meeting which shall take place within thirty (30) business days of the date the bargaining unit notifies the Superintendent of ratification. After ratification by both parties, the chief officers of the District and the bargaining unit shall sign the ratified agreement.
17-7 During negotiations, the District and the bargaining unit, through their representatives, will present relevant data, exchange points of view, and present specific proposals and counter proposals. Upon the request of either party, the other will make available for inspection and copying, data and records pertinent to the subject of negotiations in accordance with the Colorado open records law. Both parties have the right to request that their most recent proposals be answered by a written counter proposal submitted by the other party.
17-8 Impasse may be declared by mutual agreement, or by either party, at any time. Upon the occurrence of impasse, both parties shall meet to determine the matters remaining unresolved and shall prepare a statement of their position on such ratification, it will matters as of the last formal bargaining session between the parties. Unresolved issues shall be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes process of the Board, whereupon the term mediation as a means of the agreement resolution. 17-9-1 The mediator shall be effective. No Agreement will be considered effective unless and until ratified by selected in the Association members and approved by formal resolution by the Board.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.following manner:
Appears in 1 contract
Samples: Collective Bargaining Agreement
NEGOTIATIONS PROCEDURE. 1. The purpose of this Article is to establish an orderly procedure for negotiations between the Board and Association.
2. The scope the Staff agree to enter into collective negotiations over a successor agreement in accordance with Chapter 303, Public Laws of 1968, as amended, in a good faith effort to reach agreement on matters concerning the negotiations shall be limited to wages, hours, and terms and conditions of members’ employment.
3. Unless representation has been challenged pursuant Such negotiations shall begin during the month of October of the calendar year preceding the calendar year in which this agreement expires. Any agreement so negotiated shall apply to applicable lawall members, either be reduced to writing, be signed by the Board or and the Association may initiate negotiations Passaic Valley Operations Staff upon adoption by serving written notice both parties. During negotiations, the Board and the Staff shall present relevant data, exchange points of view and make proposals and counter-proposals. The Board and Staff shall make available to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior Negotiating Committees data necessary to the expiration agreeable resolution of this Agreementitems being negotiated. At Neither party in any negotiation shall have any control over the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) selection of the offer to negotiate negotiating representatives of the other party. The Board and will provide SERB with a copy of this Agreement, together with a statement the Staff shall pledge that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings their representatives shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meeting.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority able to make proposals, counter-consider proposals, consider proposals and make counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
61. During The Negotiations Committees shall meet to review any article which both parties mutually agree is in the period need of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under considerationreview.
72. Should either Each party shall submit to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Board.
11. If agreement on all issues is not reached within fifty-one least seven (517) days prior to the expiration meeting, an agenda covering matters it wishes to discuss.
3. All meetings between the parties shall be regularly scheduled, whenever possible, to take place when the staff members involved are free from assigned responsibilities unless otherwise agreed.
4. Should a mutually acceptable amendment to this Agreement be negotiated by the parties, it shall be reduced to writing, be signed by the representatives of the Board and Staff, and be recommended for adoption by their respective bodies.
5. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in ARTICLE 1 of this Agreement, with any organization other than the Staff for the duration of this Agreement.
6. This Agreement shall not be modified in whole or in part by the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist except by an instrument in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the writing duly executed by both parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 1 contract
Samples: Collective Negotiations Agreement
NEGOTIATIONS PROCEDURE. 1. The purpose of this Article is parties shall meet to establish negotiate on an orderly procedure for negotiations between the Board and Associationannual basis unless terms are negotiated otherwise.
2. The scope No later than November 1 of each year, the superintendent/designee and the President of the negotiations Association/designee shall be limited to wages, hours, and terms and conditions each submit in writing the names of employmentnot more than five (5) persons who shall serve on the parties’ respective negotiation teams.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more The first negotiation session shall take place no later than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meeting.
5December 1. Each party shall have full authority the right to choose elect its own negotiating membersrepresentatives, and each party may utilize the services of consultants and advisors.
4. The negotiating team of Association and Durango School District 9-R agree to meet no later than December 1 to identify the Board shall meet with articles that need to be negotiated and determine the negotiating team of O.A.P.S.E to negotiate order in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in which they will be addressed during the course of negotiations, and enter into tentative agreements, subject to ratification by season; the Association and formal adoption the district agree that Article 17 (Salaries) and Article 20 (Insurance and Fringe Benefits) will be automatically identified. Additionally, the sick leave bank hours will be reviewed during the negotiations season as outlined in Article 32 (Sick Leave Bank). In the event a multi-year Master Agreement is negotiated, that contract will outline if any articles are to be opened for negotiations during the term of that Master Agreement. All phases of the negotiations including impasse procedures must be completed by May 31 of each year of this Agreement during which negotiations are to be conducted unless the Boardtimeline is mutually extended.
5. The district and the Association agree to utilize the Interest Based Strategies process.
6. During At the period close of negotiationsthe negotiations season, if negotiations are scheduled to take place the following year, the Board calendar and meeting times for the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under considerationnegotiations sessions will be set.
7. Should either party The tentative agreement reached as a result of the Negotiations Procedure shall be presented to all Education Support Professionals at a scheduled meeting. Members will have no less than one (1) week to vote on the tentative agreement; vote shall occur by ballot. If the agreement is ratified by the Association, it will be presented to the negotiations issue a news release or public statement during the period Board of negotiationsEducation for approval at an official meeting, that party will provide the other a written copy of the text of said news release or statement prior to its being made publicwhich shall take place no later than June 30.
8. When deemed necessary by the District Negotiating Team and the DESPA Negotiating Team, a Memorandum of Understanding (MOU) may be mutually entered to address a problem, issue, or need that is presently not addressed in the language of the current Master Agreement and needs immediate attention. The MOU will serve as a written reflection of the understanding between the two parties that details the obligations, commitments, and expectations for both parties. The purpose of an MOU is to have a written understanding of a situation, arrangement, or need between the two entities and is used to hold the parties responsible in their commitment to one another. When a MOU is necessitated, a MOU Team will be convened and will consist of the following representatives: DESPA Lead Negotiator, one additional DESPA Negotiator, the CEA UniServ Director, District Chief Negotiator, one additional District negotiator, and the Superintendent. In order to go into effect and to be fully executed, MOUs must be approved by consensus of both the MOU Team and Negotiating Team and are subject to Board approval. All proposals MOUs must identify the term, scope and length of the agreement and need to be considered alongside the Master Agreement for negotiation shall be submitted in writing at possible updates and changes to the first meetingMaster Agreement during the current or next negotiations cycle.
9. During Should there be a fiscal emergency or circumstances that may require a change in salary or benefits for employees, the course of negotiations, items agreed to Superintendent or his/her designee shall notify the Durango Education Association (DEA) and the Durango Education Support Professionals Association (DESPA) at the earliest possible opportunity so the Interest Based Process can be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification enacted by the Association DEA and approval by DESPA Negotiations Teams such that the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted Negotiations Teams can provide recommendations for ratification by the Association. Upon such ratification, it will be submitted consideration to the Superintendent for his submission to Durango School District 9-R Board of Education on the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes management of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Boardcrisis.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NEGOTIATIONS PROCEDURE. 1. The 10.01 Upon request, the designated representative of the Employer and the Association's bargaining committees should meet during the term of the contract for the purpose of this Article is to establish an orderly procedure for negotiations between reviewing the Board and Association.
2. The scope administration of the negotiations shall be limited contract and to wages, hours, and terms and conditions of employment.
3resolve problems that may arise. Unless representation has been challenged pursuant These meetings are not intended to applicable law, either by-pass the Board grievance procedure or to create any duty to negotiate over the Association may initiate negotiations matters covered by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At Each party will submit to the same time other, an agenda covering what they wish to discuss. Should such a meeting result in a mutually acceptable amendment to the Agreement, then the amendment shall be subject to ratification by the Employer and the Association provided that the notice is filed, respective bargaining committees shall be empowered to effect temporary accommodations to resolve special problems.
10.02 Neither party in any negotiations shall have any control over the Association and Board will notify the State Employment Relations Board (SERB) selection of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meeting.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team or bargaining representatives of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyerother party. The parties shall ensure mutually pledge that their respective negotiating teams shall have representatives will be clothed with all necessary power and authority to make proposals, counter-proposals, and consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to final ratification by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement The parties' representatives shall be effectiveempowered during negotiations to enter into "tentative agreements" (TA), which shall be in writing, dated and initialed by chief spokespersons on a provision by provision basis.
10.03 There shall be two signed copies of any final agreement. No Agreement will One copy shall be considered effective unless and until ratified retained by the Association members Employer and approved by formal resolution one by the BoardAssociation.
11. If agreement 10.04 Negotiations between the parties on all issues is not reached within fifty-one a successor Agreement shall begin at least sixty (5160) days workdays prior to the expiration of this Agreementthe contract term.
10.05 All hereto mentioned copies of the final Agreement shall be printed within thirty (30) work days after the Agreement is signed and ratified by both parties and copies presented to each bargaining unit Employee, and twenty (20) additional copies of the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute Agreement given to the FMCS. Such notice shall also be sent Board and twenty (20) additional copies of the Agreement given to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediatorUnion.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures11.01 This section intentionally left blank.
Appears in 1 contract
Samples: Master Agreement
NEGOTIATIONS PROCEDURE. (1) This Cumulative Agreement shall be open to negotiations, if between November 15 and November 30 of the year preceding the year of expiration, either the President of the Association or the President of the Board notifies the other of that intention. This notification shall be in writing, exchanged through the Superintendent, and shall include the names of the negotiating team members. The purpose other party shall be required to respond with the names of this Article its negotiating team members no later than December 7.
(2) Each party shall select its negotiating representatives according to its own internal provisions, provided there is Board representation on the Board Team and a minimum of one Board member in attendance at any negotiations meeting. There shall be teacher representation on the Association Team and a minimum of one teacher in attendance at any negotiations meeting. Each team shall consist of five (5) members.
(3) The Board and the Association shall confer upon their respective representatives the necessary power and authority to establish an orderly procedure for negotiations between make proposals, consider the proposals, and make counter proposals in the course of negotiations, and to reach tentative agreements which shall be presented to the Board and AssociationAssociation respectively for approval/ratification.
2. The scope (4) By the completion of the first full week of December or one week after the names of the negotiating team members have been exchanged, whichever is later, the two teams shall meet to present their concerns in general terms. No specific proposals of changes, additions, or deletions shall be made and nothing discussed shall be binding.
(5) By midnight of the first school day following winter break, five copies of any changes, additions, or deletions to the Agreement either party wishes to open for negotiations shall be limited to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice submitted to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior in writing, along with rationale for the changes. Only these changes, additions, or deletions shall be subject to negotiation unless the expiration of this Agreementground rules in sub-paragraph allow otherwise. At This information shall be exchanged through the same time that the notice is filed, the Association and Board will Superintendent who shall notify the State Employment Relations Board (SERBother party(ies) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no such receipt within 24 hours.
(6) The first negotiations meeting shall begin prior to the one hundred twentieth (120th) day be held on or before the expiration end of this Agreement.
4the second week of the second semester. All meetings The chairperson of the first negotiations meeting shall be mutually scheduledthe Association spokesperson. Thereafter, the chairperson role shall alternate. The date, time, and place for this meeting shall be arranged by the next respective presidents or their designees.
(7) The first negotiations meeting will shall conform to, but not be established before adjournment limited to, the following agenda:
(a) Introduction of each meetingteam members along with relevant background information about the members.
1. Agreement on the ground rules under which the meetings and teams shall operate:
2. Time, place and frequency of subsequent meetings;
3. Subsequent chairpersonships;
4. Handling of proposals not currently on the table;
5. Each party shall have full authority to choose its own negotiating members. The negotiating team Handling of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make counter proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.;
6. During the period Handling of negotiations, the Board press releases and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.responses to press inquiries;
7. Should either party to the negotiations issue Constitution of a news release or public statement during the period quorum of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.respective teams;
8. All proposals for negotiation shall be submitted in writing at the first meeting.Handling of privileged information;
9. During the course Calendar of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.Phase expiration dates;
10. When agreement is reached on all proposals, These ground rules shall not conflict with written regulations of the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of Association or the Board, whereupon with the term statutes of the agreement shall be effective. No Agreement will be considered effective unless and until ratified State of Illinois, or with the current Cumulative Agreement;
(b) Other items as deemed necessary by the Association members and approved by formal resolution teams.
(c) Clarification of each team's proposals.
(d) Other business mutually agreed to by the BoardBoard Team and Association Team.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 1 contract
Samples: Cumulative Agreement
NEGOTIATIONS PROCEDURE. 1A. The negotiations teams shall be composed of five (5) members of each party to the negotiations. During the course of negotiations either party may, by mutual consent of both parties, designate a consultant to meet and discuss items, which have been submitted for negotiations. The purpose utilization of this Article is to establish an orderly procedure a consultant must be approved by both parties at the conclusion of each negotiation’s session for negotiations between the next succeeding meeting.
B. Necessary clerical assistance may be provided if either party so requests. The cost for the clerical assistance will be shared equally by the Board and the Association.
2. The scope of the negotiations shall be limited to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. C. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meeting. Either party may recess for caucuses of reasonable length at any time.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. D. During the period of negotiations, interim reports of progress may be made to the parties by their respective constituents. If requested, copies of initial proposals may be made available to the public. Any person requesting proposals shall only be provided with both the Association and the Board initial proposals. Any further release of information to the media or the public shall take the form of written statements approved by the spokesperson for each party. All negotiations shall be conducted in executive session.
E. Except by agreement of the representatives of the Board and the Association, meetings shall begin no earlier than 120 days and not later than 60 days prior to the date of expiration of the agreement, and shall be concluded no later than 45 days prior to the agreement expiration date. The conclusion date may be extended by the Board and Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under considerationrepresentatives.
7. Should either party F. All issues for negotiations by the Association shall be submitted, in writing, at the first meeting and the Board shall submit in writing to the employees’ organization all of its issues for negotiations issue a news release or public statement during no later than the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8second meeting. All proposals for negotiation No additional issues shall be submitted in writing at by either party following the first designated meeting, unless agreed by both parties. Only those items, which constitute the agenda for collective negotiations, may be submitted for subsequent mediation.
9. G. Negotiations will be completed within forty-five (45) calendar days from the date of the initial meeting unless extended by mutual agreement.
H. During the course of negotiations, items agreed to shall be reduced to writing and signed initialed by representatives of each negotiating team. It is understood that such signing or initialing shall be tentative only, subject always to ratification by the Association and approval by the Board.
10. When further developments in negotiations on other matters and/or to final agreement is reached on all proposals, the .
I. Final agreement reached through negotiation shall be reduced to writing and promptly submitted to the bargaining unit for ratification approval, and all of the Association negotiators shall recommend and urge approval. Upon approval by the Association. Upon such ratificationbargaining unit, it will the agreement shall be submitted to the Superintendent Board for his submission to the Board at its next regularly scheduled meetingapproval, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of all the Board’s negotiators shall recommend and urge approval. If approved by both parties, whereupon the term of the agreement shall then be effective. No Agreement will signed on behalf of the parties and shall be considered effective unless and until ratified by adopted in resolution form as the Association members and approved by formal resolution by policy of the Board.
11. J. If the agreement on all issues is not reached within fiftyby forty-one five (5145) days prior to the expiration of this Agreementagreement, the parties either party may jointly notify request that the Federal Mediation and Conciliation Service (hereinafter FMCS) that the services of provide a mediator will be required to assist the parties. The assigned Mediator shall have the authority to call meetings for the purpose of promoting an agreement between the parties. The Mediator has no authority to recommend or to bind either party to any agreements. The negotiating procedure set forth in negotiations this article supersedes and shall thereby submit takes precedence over any inconsistent time limits or procedure set forth in Section 4117.14 of the issues in dispute to the FMCSOhio Revised Code, which statutory time limits and procedure are hereby mutually waived. Such notice shall also be sent to the State Employment Relations Board and shall state that Mediation constitutes the parties agree that the use of a mediator from FMCS shall be the sole mutually agreed upon final and exclusive dispute resolution settlement procedure and shall operate in lieu of any and all of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion settlement procedures set forth in Section 4117.14 of the mediatorOhio Revised Code. This article does not diminish or preclude the Association’s rights under O.R.C. 4117.14(d)(2).
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
NEGOTIATIONS PROCEDURE. (1) This Cumulative Agreement shall be open to negotiations, if between November 15 and November 30 of the year preceding the year of expiration, either the President of the Association or the President of the Board notifies the other of that intention. This notification shall be in writing, exchanged through the Superintendent, and will include the names of the negotiating team members. The purpose other party will be required to respond with the names of this Article its negotiating team members no later than December 7.
(2) Each party shall select its negotiating representatives according to its own internal provisions, provided there is Board representation on the Board Team and a minimum of one Board member in attendance at any negotiations meeting. There shall be teacher representation on the Association Team and a minimum of one teacher in attendance at any negotiations meeting. Each team shall consist of five (5) members.
(3) The Board and the Association shall confer upon their respective representatives the necessary power and authority to establish an orderly procedure for negotiations between make proposals, consider the proposals, and make counter proposals in the course of negotiations, and to reach tentative agreements which shall be presented to the Board and AssociationAssociation respectively for approval/ratification.
2. The scope (4) By the completion of the first full week of December or one week after the names of the negotiating team members have been exchanged, whichever is later, the two teams shall meet to present their concerns in general terms. No specific proposals of changes, additions, or deletions will be made and nothing discussed will be binding.
(5) By midnight of the first school day following winter break, five (5) copies of any changes, additions, or deletions to the Agreement either party wishes to open for negotiations shall be limited to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice submitted to the other party not more than one hundred twenty in writing, along with rationale for the changes. Only these changes, additions, or deletions will be subject to negotiation unless the ground rules in sub- paragraph (126) days nor less than ninety (90) days prior to allow otherwise. This information will be exchanged through the expiration of this Agreement. At the same time that the notice is filed, the Association and Board Superintendent who will notify the State Employment Relations Board (SERBother party(ies) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no such receipt within 24 hours.
(6) The first negotiations meeting shall begin prior to the one hundred twentieth (120th) day be held on or before the expiration end of this Agreement.
4the second week of the second semester. All meetings The chairperson of the first negotiations meeting shall be mutually scheduledthe Association spokesperson. Thereafter, the chairperson role will alternate. The date, time, and place for this meeting shall be arranged by the next meeting will be established before adjournment of each meetingrespective presidents or their designees.
5. Each party (7) The first negotiations meeting shall have full authority to choose its own negotiating conform to, but not be limited to, the following agenda:
(a) Introduction of team members along with relevant background information about the members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. During (b) Agreement on the period ground rules under which the meetings and teams will operate: [1] Time, place and frequency of negotiations, subsequent meetings; [2] Subsequent chairpersonships; [3] Handling of proposals not currently on the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Board.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.table;
Appears in 1 contract
Samples: Cumulative Agreement
NEGOTIATIONS PROCEDURE. 1. The purpose Each party shall designate a negotiations team of this Article is up to establish an orderly procedure for five (5) persons. All negotiations shall be conducted between the Board and Associationsaid teams.
2. The scope Bargaining teams shall be empowered to make proposals and counterproposals, and to indicate tentative agreement on behalf of the negotiations shall be limited to wages, hours, and terms and conditions of employmentparties.
3. Unless representation has been challenged pursuant Negotiations shall be conducted in good faith. Good faith shall be defined to applicable law, either the Board or the Association may initiate negotiations by serving written notice include adherence to these procedures and a willingness to react to the other party’s proposals. This shall mean that if a proposal is unacceptable to one of the parties, that party is obligated to give its reasons. Good faith does not more require either party to agree to a proposal or make a concession.
4. A list of items proposed for negotiations shall be submitted in writing by the Association to the Superintendent and by the Superintendent to the Association president no later than one hundred twenty seventy (12) days nor less than ninety (9070) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meetingcontract.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board Both parties shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five and exchange initial proposals no later than sixty (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Board.
11. If agreement on all issues is not reached within fifty-one (5160) days prior to the expiration of this Agreementthe contract.
6. A mutually convenient meeting shall be held no later than sixty (60) days prior to the expiration of the contract.
7. At the first meeting, the bargaining teams shall establish an agenda of items for negotiations. No additional items shall be added to the agenda after the first meeting unless mutually agreed to by both parties.
8. Meetings shall be held in executive session unless otherwise mutually agreed. Meetings shall not exceed three (3) hours and meetings subsequent to the first meeting shall be held at times mutually agreeable to the parties.
9. Each party shall have the right to recess its group for independent caucus at any time for a period of thirty (30) minutes or as the parties otherwise mutually agree. Either party may jointly notify the Federal Mediation call upon professional and Conciliation Service (FMCS) that the services of a mediator will be required lay consultants to assist in negotiations and may use its consultants in the manner it deems necessary. With the exception of the chief negotiator for each party, such professionals may not sit at the table and will be used for consultation purposes only. Each party agrees to pay for the services of consultants which it obtains.
10. As negotiation items receive tentative agreement, they shall thereby submit the issues in dispute be reduced to the FMCSwriting and initialed by each party.
11. Such notice shall also be sent to the State Employment Relations Board and shall state that the Both parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediatornot to release information concerning negotiations to persons or groups not immediately concerned in negotiations without mutual consent.
12. Nothing in this Article shall be subject The Board will provide the final typed copies of items mutually agreed upon.
13. The Board and the Association will share equally the cost of providing printed contracts to Article 34’s Grievance Proceduresthe Board members and employees of the school district.
Appears in 1 contract
Samples: Master Agreement
NEGOTIATIONS PROCEDURE. 1. The purpose Each party shall designate a negotiations team of this Article is up to establish an orderly procedure for five (5) persons. All negotiations shall be conducted between the Board and Associationsaid teams.
2. The scope Bargaining teams shall be empowered to make proposals and counterproposals, and to indicate tentative agreement on behalf of the negotiations shall be limited to wages, hours, and terms and conditions of employmentparties.
3. Unless representation has been challenged pursuant Negotiations shall be conducted in good faith. Good faith shall be defined to applicable law, either the Board or the Association may initiate negotiations by serving written notice include adherence to these procedures and a willingness to react to the other party’s proposals. This shall mean that if a proposal is unacceptable to one of the parties, that party is obligated to give its reasons. Good faith does not more require either party to agree to a proposal or make a concession.
4. Both parties shall meet and exchange initial proposals no later than one hundred twenty sixty (12) days nor less than ninety (9060) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All meetings shall be mutually scheduled. The date, time, and place for the next meeting will be established before adjournment of each meetingcontract.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation A mutually convenient meeting shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating team. It is understood that such signing shall be tentative only, subject to ratification by the Association and approval by the Board.
10. When agreement is reached on all proposals, the agreement shall be reduced to writing and promptly submitted for ratification by the Association. Upon such ratification, it will be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes of the Board, whereupon the term of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Board.
11. If agreement on all issues is not reached within fifty-one held no later than sixty (5160) days prior to the expiration of this Agreement, the contract.
6. No additional items shall be added to the negotiations other than those proposed by the parties in their initial proposals unless mutually agreed to by both parties.
7. Meetings shall be held in executive session unless otherwise mutually agreed. Meetings shall not exceed three (3) hours and meetings subsequent to the first meeting shall be held at times mutually agreeable to the parties.
8. Each party shall have the right to recess its group for independent caucus at any time for a period of thirty (30) minutes or as the parties otherwise mutually agree. Either party may jointly notify the Federal Mediation call upon professional and Conciliation Service (FMCS) that the services of a mediator will be required lay consultants to assist in negotiations and may use its consultants in the manner it deems necessary. With the exception of the chief negotiator for each party, such professionals may not sit at the table and will be used for consultation purposes only. Each party agrees to pay for the services of consultants which it obtains.
9. As negotiation items receive tentative agreement, they shall thereby submit the issues be reduced to writing and initialed by each party.
10. Both parties agree not to release information concerning negotiations to persons or groups not immediately concerned in dispute negotiations without mutual consent until impasse is declared. Once impasse is declared, either party may release information, including press releases, to the FMCSpublic regarding negotiations.
11. Such notice shall also be sent to The Board will provide the State Employment Relations Board and shall state that the parties agree that the use final typed copies of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediatormutually agreed upon.
12. Nothing in this Article All employees shall be subject to Article 34’s Grievance Proceduresreceive an electronic copy of the final contract.
Appears in 1 contract
Samples: Master Agreement
NEGOTIATIONS PROCEDURE. 1Negotiations will be completed through a collaborativ e interest-based process. 17-1 Definitions and timelines for negotiations
17-1 3 The first meeting shall be dev oted primarily to the bargaining units presenting their items for discussion and building a calendar. The Association and the District may each bring up to two (2) items to the table for discussion. Compensation will always be discussed. In addition, mutually agreed upon items between the District and the Association will also be proposed at this time.
17-2 The District shall recognize labor or employee organizations as representativ es of employees for the purpose of this Article is bargaining with respect to: 17-2-2 Fringe benefits 17-2-3 Personnel ev aluation procedures 17-2-4 Personnel transfer procedures 17-2-5 Length of workday 17-2-6 Griev ance procedures 17-2-7 Other mutually agreed upon items
17-3 Each party shall designate in writing the names of up to establish an orderly procedure six (6) persons who shall serv e on their respectiv e negotiating teams and be empowered to speak for them, and be responsible for negotiations between pursuant to the Board provisions of the agreement. Either party may have up to two (2) consultants at any negotiations session; xxxxx er, neither party may have more than six (6) team members and Associationtwo (2) consultants at the table at one time unless mutually agreed upon. Each party shall, at the time of the first meeti ng, designate the person on their team who will be the spokesman or chief negotiator.
217-4 The teams shall meet at reasonable times and places for the purpose of negotiating such a subsequent agreement. The scope of the negotiations shall be limited to wages, hours, and terms and conditions of employment.
3. Unless representation has been challenged pursuant to applicable law, either the Board or the Association may initiate negotiations by serving written notice to the other party not more than one hundred twenty (12) days nor less than ninety (90) days prior to the expiration of this Agreement. At the same time that the notice is filed, the Association and Board will notify the State Employment Relations Board (SERB) of the offer to negotiate and will provide SERB with a copy of this Agreement, together with a statement that the parties shall utilize, if necessary, the impasse procedures identified in Section 11 of this Article. Unless the parties agree otherwise, no negotiations meeting shall begin prior to the one hundred twentieth (120th) day before the expiration of this Agreement.
4. All Negotiating meetings shall be scheduled at times which will interfere least with the employee workday and the educational program. When it is mutually scheduled. The date, time, and place agreed that it appears necessary for the next meeting expediency of the negotiating process, the District will allow the employee to be established before adjournment of each meetingabsent from work.
5. Each party shall have full authority to choose its own negotiating members. The negotiating team of the Board shall meet with the negotiating team of O.A.P.S.E to negotiate in good faith. Each negotiating team shall, in advance of negotiations, identify up to five (5) individuals to serve on its negotiating team, plus an Association Representative 17-5 An article or lawyer. The parties shall ensure that their respective negotiating teams shall have all necessary authority to make proposals, counter-proposals, consider proposals portion thereof is considered a tentativ e agreement only when mutually signed and counter-proposals in the course of negotiations, and enter into tentative agreements, subject to ratification dated by the Association and formal adoption by the Board.
6. During the period of negotiations, the Board and the Association may provide each other, upon written request, all public information it regularly and routinely prepares concerning the issue(s) under consideration.
7. Should either party to the negotiations issue a news release or public statement during the period of negotiations, that party will provide the other a written copy of the text of said news release or statement prior to its being made public.
8. All proposals for negotiation shall be submitted in writing at the first meeting.
9. During the course of negotiations, items agreed to shall be reduced to writing and signed by representatives of each negotiating teamboth parties. It is understood and agreed that such signing shall be tentative only, all tentativ e agreements negotiated by the parties’ representativ es are subject to formal ratification by the Association Superintendent and approval by the Boardmembers of the bargaining unit.
10. 17-6 When agreement is reached tentativ e agreements have been negotiated on all proposalsmatters submitted by the parties, the agreement shall be reduced to writing and promptly submitted presented to the unit members for ratification. The bargaining unit shall have fifteen (15) business days from the date the agreement is presented in which to file a written report of their action to the Superintendent. Following such ratification, the agreement shall be subject to ratification by the AssociationSuperinten dent at an official meeting which shall take place within thirty (30) business days of the date the bargaining unit notifies the Superintendent of ratification. After ratification by both parties, the chief officers of the District and the bargaining unit shall sign the ratified agreement.
17-7 During negotiations, the District and the bargaining unit, through their representativ es, will present relev ant data, exchange points of view, and present specific proposals and counter proposals. Upon the request of either party, the other will make available for inspection and copying, data and records pertinent to the subject of negotiations in accordance with the Colorado open records law. Both parties have the right to request that their most recent proposals be answered by a written counter proposal submitted by the other party.
17-8 Impasse may be declared by mutual agreement, or by either party, at any time. Upon the occurrence of impasse, both parties shall meet to determine the matters remaining unresolv ed and shall prepare a statement of their position on such ratification, it will matters as of the last formal bargaining session between the parties. Unresolv ed issues shall be submitted to the Superintendent for his submission to the Board at its next regularly scheduled meeting, unless the meeting comes within 72 hours, for adoption by formal resolution and will be entered into the minutes process of the Board, whereupon the term mediation as a means of the agreement shall be effective. No Agreement will be considered effective unless and until ratified by the Association members and approved by formal resolution by the Boardresolution.
11. If agreement on all issues is not reached within fifty-one (51) days prior to the expiration of this Agreement, the parties may jointly notify the Federal Mediation and Conciliation Service (FMCS) that the services of a mediator will be required to assist in negotiations and shall thereby submit the issues in dispute to the FMCS. Such notice shall also be sent to the State Employment Relations Board and shall state that the parties agree that the use of a mediator from FMCS shall be the sole and exclusive dispute resolution procedure of the parties. Once submitted, mediation shall continue until tentative agreement is reached on all unresolved items with mediation sessions being held at the discretion of the mediator.
12. Nothing in this Article shall be subject to Article 34’s Grievance Procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement