Common use of NEGOTIATIONS PROCEDURES Clause in Contracts

NEGOTIATIONS PROCEDURES. A. It is agreed that terms and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Board and the Federation. C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without ratification by the Federation and the Board, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations. D. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board or take any other lawful measures it may deem appropriate.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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NEGOTIATIONS PROCEDURES. A. It is agreed The parties acknowledge that terms and working conditions provided during the negotiations which resulted in this agreement Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association for the life of this Agreement, voluntarily and unqualifiedly waive the right, and each agrees that the other shall remain not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered in effect until altered by this Agreement, even though such subject or matter may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. Matters of common concern which are not covered herein may be subject to negotiation during the period of this Agreement upon the request and mutual agreement in writing of both parties. B. This Agreement supersedes and cancels all previous agreements, verbal or written, or based on alleged past practices, between the Board and the Association and constitutes the entire agreement between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully Any amendment or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but supplemental hereto shall not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to binding upon either party unless executed in writing and signed ratified by a majority of the Board and a majority of the Federationmembership of the Association. C. Neither party in In any negotiations described by this article, neither party shall have any control over the selection of the negotiating or bargaining representatives of the other party, party and each party may select its representatives from within or outside the school districtSchool District. While It is recognized that no final agreement shall between parties may be executed without ratification of a majority of the Board of Education and by a majority of the Federation and membership of the Board, Association but the parties mutually pledge that their representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations. D. negotiations or bargaining, subject only to such ratification. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate. D. The Board agrees not to negotiate with any teacher's organization other than the Association for the duration of this Agreement. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the Association has been given opportunity to be represented at such adjustment. E. Continuity of professional service. The Association recognizes that strikes, as defined by Section I of Public Act 226 of 1947 of Michigan, as amended, by teachers, are contrary to law and public policy. The Board and the Association subscribe to the principle that differences shall be resolved by appropriate and peaceful means, in keeping with the high standards of the profession, without interruption of the school program. Accordingly, the Association agrees, that during the term of this Agreement, it will not direct, instigate, participate in, encourage or support any strike against the Board by any teacher or group of teachers.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed that terms and working conditions provided in this agreement Negotiations for a successor contract shall remain in effect until altered by mutual agreement in writing commence between the parties. Nevertheless, because parties not less than 90 days prior to the expiration date of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersthis contract. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Board and the Federation. C. Neither Each party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without ratification by the Federation and the Board, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, proposals and make concessions in counter proposals during the course of negotiationsnegotiations subject only to ultimate ratification of their respective units. C. The negotiated Tentative Agreement shall be approved or rejected by the membership of the Association and the Board within the timeline agreed upon by the Board and the Association. Reaching of a Tentative Agreement means that the final Tentative Agreement shall have been approved by the chairperson of the teams for submission to the Association and Board memberships for ratification votes. If the Tentative Agreement is rejected by either party, the parties agree to meet to discuss next steps. D. If When an Agreement is reached between the parties, a contract shall be written and signed by the Board President and the Association President, and chairperson of the negotiating committee of each party. Necessary action will be taken by the Board and the Association to implement the specifics of the agreement. There shall be four (4) signed copies of the agreement for purposes of record. Two (2) shall be retained by the Board and two (2) shall be retained by the Association. E. Any amendment to this contract shall be in writing and ratified by both parties prior to its effective date, it being expressly understood that this contract may not be amended or extended orally. X. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties fail after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association for the life of this Agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to reach an agreement bargain collectively with respect to any subject or matter not specifically referred to or covered in any this Agreement, even though such negotiations, subjects or matters may not have been within the knowledge or contemplation of either party may invoke the mediation machinery or both of the State Labor Mediation parties at the time that they negotiated or signed this agreement. Further, it is recognized that the parties may upon mutual consent modify provisions of this contract during its life if the above paragraph is waived by each in their sole discretion. G. The Board and the Association recognize the value of continuous improvement via building-based decision making. The parties recognize that in this process decisions may be made that are incongruent with this Agreement. Therefore, prior to implementation, any program must be approved by the Association and the Board of Education or take any other lawful measures it may deem appropriateits designee. The parties will work together to encourage creative, effective educational programs.

Appears in 2 contracts

Samples: Professional Agreement, Professional Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed that terms This Agreement shall constitute the full and working conditions provided in this agreement shall remain in effect until altered by complete commitment between both parties and may be altered, changed, added to, deleted from, or modified only through the voluntary mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern consent of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake written and signed amendment to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersthis Agreement. B. During Upon mutual agreement, both parties may review through the school year negotiating process, any terms and conditions of employment, whether or not they are in which this agreement expires, the Board agrees to begin negotiations with the Federation over contract. Should such a successor agreement in accordance with the procedure set forth herein meeting result in a good faith effort mutually acceptable amendment to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may includethis Agreement, but not then the amendment shall be limited to, the subjects covered by this agreement and any other matters mutually agreed subject to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed ratification by the Board and the FederationAssociation, the same as this Agreement. C. Neither If either party desires to open negotiation for a successor Agreement, a written notice must be submitted to the other party prior to March 15 of the year in which the Agreement expires. If such notice is given, negotiations shall be initiated on or before April 15. D. In any negotiations described in this Agreement, neither party shall have any control over the selection of the negotiating or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While It is recognized that no final agreement shall between the parties may be executed without ratification by a majority of the Federation Board and by a majority of all instructional staff in the Boardcounty, but the parties mutually pledge that their representatives will shall be clothed with all the necessary power and authority to make proposals, consider proposals, proposals and make concessions in to reach tentative agreements. Throughout negotiations, all tentative agreements shall be signed by representatives designated by each party. There shall be three (3) signed copies of any final agreement; one (1) copy shall be retained by the course of negotiationsBoard and two (2) by the Association. D. If E. Any fees or expenses of the mediator or fact-finders which are chargeable to the parties, will be shared equally by the Board and the Association. F. In preparation of this document for final form and reproduction, it is agreed that without any change of content, the format and article numbers may be changed for proper continuity. Appropriate headings and indexing will be included. G. This Agreement constitutes the sole and entire existing Agreement between the parties fail in respect to reach an rates of pay, wages, hours of employment or other conditions or employment which shall prevail during the term of this Agreement. The Board shall deal with all matters not expressly covered by this Agreement through the exercise of its management rights, provided upon mutual agreement the parties may amend this Agreement through the negotiating process. Should such a meeting result in any such negotiationsa mutually acceptable amendment to this Agreement, then the amendment shall be subject to ratification by the members of the bargaining unit and the Board. If there is no mutually acceptable amendment, the Agreement would continue as previously ratified. H. This Agreement titled, “Agreement Between the Flagler County Educators’ Association and the School Board of Flagler County” shall be updated, rejecting all language changes and modifications to the salary schedule, through a joint effort between the Association and the District within thirty (30) days after the Agreement is signed and ratified and shall be presented to all instructional staff now employed and hereafter employed via the Flagler County School website. I. The Board and the Association specifically agree that at the termination of this Agreement, either party may invoke the mediation machinery renegotiate any provision of the State Labor Mediation Board or take any other lawful measures it may deem appropriatethis Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

NEGOTIATIONS PROCEDURES. A. The parties shall commence bargaining for a successor Agreement no earlier than April 15 unless otherwise agreed to by the parties. B. It is agreed that terms and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between themwill jointly request the Federal Mediation and Conciliation Service (FMCS) if either party to this Agreement declares impasse. It is in Should FMCS be unavailable, the public interest that the opportunity for mutual parties may commence discussion of such matters be provided. The parties accordingly undertake as to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersa replacement. B. C. During the school year in which this agreement expiresnegotiations, tentatively agreed upon materials shall be prepared by the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by of Education for the Board and the Federation. C. Neither party in any negotiations shall have any control over Association and signed prior to the selection adjournment of the negotiating meeting at which such agreement was reached or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without presented as the first item of business at the next meeting. Any tentative agreement is considered tentative until ratification by the Federation Association and adoption by the Board of Education. D. It is the mutual responsibility of both the Board and the Board, the parties mutually pledge that Association to confer upon their representatives will be clothed with all the necessary power and authority to make and discuss proposals, consider proposals, and make concessions counterproposals in the course of negotiations, and to reach common concerns; provided however, such authority shall not be construed as acceptance, tentative or otherwise, of any such proposal by the Board. Either party may request of the other to substantiate any statistics and requests presented as exhibits. It is agreed that mutual sharing of information available will be the general policy under which both parties operate. Either party will be allowed a reasonable time to examine exhibits or requests presented and to record and prepare its own information or requests. A request for fact gathering shall be at the expense of the party making the request. D. If E. When the parties fail Association and Board reach tentative agreement on all matters being negotiated, the items will be reduced to reach an agreement one document and shall be submitted to the membership of the Association for ratification and to the Board for official approval. F. The costs, if any, for the mediator shall be equally shared by the Board and the Association. G. The Pontiac Education Association hereby agrees not to strike, or engage in or support or encourage any concerted refusal to render full and complete services in the School District or to engage in or support any activity whatsoever which would disrupt in any such negotiations, either party may invoke manner the mediation machinery operation of the State Labor Mediation Board or take any other lawful measures it may deem appropriateschool during the term of this agreement.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed that terms Negotiations shall be conducted in accordance with such rules and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between procedures as the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters parties may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in agree upon, except that all proceedings shall be closed to the public interest that and shall not be held during the opportunity for regular school day except by mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersconsent. B. During An employee engaged during the school year day in which this agreement expiresnegotiating on behalf of the Association with a representative of the Employer, or participating in any grievance hearings including arbitration, shall be released from regular duties, without loss of salary. Either party hereto may require that contract negotiation between the parties, or grievance hearings including arbitration, be held during non-school hours. If the Association and Employer agree to hold any of the above activities during working hours, the Board Association agrees to begin either pay the cost of a substitute employee, or to provide a suitable volunteer substitute employee, needed to fill in for the individual bargaining unit member engaged in negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Board and the Federationor grievance activities. C. The Board and Association agree to provide, in response to reasonable requests from time to time during negotiations, such information as required by law for good faith bargaining. D. Neither party in any negotiations shall have any control over the selection of the negotiating or negotiations nor bargaining representatives of the other party, and nor each party may select its representatives from within or outside the school district. While no It is recognized that not final agreement shall between parties may be executed without the ratification by a majority of the Federation Board of Education and by a majority of the Boardmembership of the Association, but the parties mutually pledge that their representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiationsnegotiations of bargaining, subject only to such ultimate ratification. D. If E. The negotiation of a new Agreement shall begin upon the parties fail written request of either party, but not more that ninety (90) days prior to reach an agreement in any such negotiations, either party may invoke the mediation machinery expiration of the State Labor Mediation Board or take any other lawful measures it may deem appropriateAgreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

NEGOTIATIONS PROCEDURES. A. The parties shall commence bargaining for a successor Agreement no earlier than April 15 unless otherwise agreed to by the parties. B. It is agreed that terms and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between themwill jointly request the Federal Mediation and Conciliation Service (FMCS) if either party to this Agreement declares impasse. It is in Should FMCS be unavailable, the public interest that the opportunity for mutual parties may commence discussion of such matters be provided. The parties accordingly undertake as to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersa replacement. B. C. During the school year in which this agreement expiresnegotiations, tentatively agreed upon materials shall be prepared by the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by of Education for the Board and the Federation. C. Neither party in any negotiations shall have any control over Association and signed prior to the selection adjournment of the negotiating meeting at which such agreement was reached or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without presented as the first item of business at the next meeting. Any tentative agreement is considered tentative until ratification by the Federation Association and adoption by the Board of Education. D. It is the mutual responsibility of both the Board and the Board, the parties mutually pledge that Association to confer upon their representatives will be clothed with all the necessary power and authority to make and discuss proposals, consider proposals, and make concessions counterproposals in the course of negotiations, and to reach common concerns; provided however, such authority shall not be construed as acceptance, tentative or otherwise, of any such proposal by the Board. Either party may request of the other to substantiate any statistics and requests presented as exhibits. It is agreed that mutual sharing of information available will be the general policy under which both parties operate. Either party will be allowed a reasonable time to examine exhibits or requests presented and to record and prepare its own information or requests. A request for fact gathering shall be at the expense of the party making the request. D. If E. When the parties fail Association and Board reach tentative agreement on all matters being negotiated, the items will be reduced to reach an agreement one document and shall be submitted to the membership of the Association for ratification and to the Board for official approval. F. The costs, if any, for the mediator shall be equally shared by the Board and the Association. G. The Pontiac Education Association hereby agrees not to strike, or engage in or support or encourage any concerted refusal to render full and complete services in the School District or to engage in or support any activity whatsoever which would disrupt in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board or take any other lawful measures it may deem appropriate.manner the

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

NEGOTIATIONS PROCEDURES. Unless otherwise agreed, the following shall apply: A. It is agreed that Areas for discussion and agreement: 1. The negotiations teams shall bargain collectively to determine matters pertaining to wages, hours, or terms and working other conditions provided of employment, and the continuation, modification or deletion of an existing provision of the Agreement. 2. The Board retains and reserves those rights of management as set forth in this agreement ORC 4117.08.C.(1-9). 3. The Board and the Association recognize that the Board is the legally constituted body responsible for the determination of policies covering all aspects of the District. All members of the negotiations teams are obliged to conduct such negotiations in good faith. 4. The first negotiations meeting shall remain in effect until altered be held no later than the month of April of the year of expiration of the Agreement. During such meeting, initial proposals shall be exchanged. Thereafter, no new items may be added unless by mutual agreement in writing between the consent of both parties. NeverthelessAt this first session, because rationale for proposals are given by each negotiations team. This shall be the start of the special nature formal negotiations. Representatives of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern Board shall meet with designated representatives of the parties which have not been fully or adequately negotiated between themAssociation to negotiate in good faith. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not Representatives shall be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by five (5) representatives of the Board and the Federation. C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining five (5) representatives of the other party, and each party may select its representatives from within or outside the school districtAssociation. While no final agreement shall be executed without ratification by of the Federation Association and the Board, the parties mutually pledge that their representatives both negotiations teams will be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations. D. 5. Negotiations meetings shall be mutually agreed upon by both negotiations teams. If mutual understanding and agreement is not reached in the parties fail initial meeting, subsequent meetings shall be held at times mutually agreeable to reach an agreement both negotiations teams. The administrative team will hold separate meetings and confer as necessary with the Board, and the teacher team will hold similar meetings with the members of the Association. 6. The Board and the Superintendent/designee will make available to the Association on request, at no cost, and in any such reasonable time both prior to and during negotiations, all public records which are pertinent to negotiations issues but which do not violate the confidentiality of an individual. The Association will furnish all available information on its proposals to the administrative team to support the Association’s proposals. 7. Either negotiations team may call upon competent professional and lay representatives to consider matters under discussion and to make suggestions. Consultants may be used by either party team, but when a consultant is coming to the negotiations table, advance notice shall be given to the other party. Said individuals may invoke the mediation machinery be used in a caucus but shall not be members of the State Labor Mediation negotiations team. 8. The chief spokesperson of either negotiations team may recess his/her team for independent caucus at any time. Caucuses shall not exceed one-half (1/2) hour unless by mutual agreement of both negotiations teams. 9. No action to coerce, censor or penalize any negotiations participant shall be made or implied by either the Board or take any other lawful measures the Association. 10. The content of negotiations sessions shall be confidential, and no individual member of either negotiations team may reveal the discussions which occur in the sessions. When either negotiations team determines that it may deem appropriatemust release its information to its constituency, such release shall be done in good faith. 11. As negotiations items receive tentative agreement, they shall be reduced to writing and initialed by each chairperson of the respective negotiations teams.

Appears in 1 contract

Samples: Master Agreement

NEGOTIATIONS PROCEDURES. A. SECTION 1 This contract represents the agreement of both parties on all issues which were the subject of negotiations. During the term of this Agreement, neither party is required to renegotiate with respect to any matter either directly or indirectly related to this Agreement. Any changes that were agreed upon and signed off on during negotiations that are inadvertently omitted from the contract will be covered with a letter of agreement. It is agreed that terms and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern intent of the parties hereto that the provisions of this Agreement, which have not been fully contain all of the economic and non-economic conditions of employment, supersede all prior agreements or adequately negotiated understandings, oral or written, express or implied, between them. It is such parties and shall govern their entire relationship and shall be the sole source of any and all rights or claims which may be asserted in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersgrievance procedure hereunder or otherwise. B. During SECTION 2 ADMINISTRATION/ASSOCIATION MEETINGS When problems arise relative to the school year in which administration of this agreement expiresAgreement, representatives of the Board and the Association's Bargaining Committee will meet at a mutually agreed time for the purpose of reviewing the administration of the Contract and to resolve problems that may arise. These meetings are not intended to bypass the Grievance Procedure. Each party will submit to the other, on or before the Friday prior to the meeting, an agenda covering what they wish to discuss. If there are no items presented by either side, the Board agrees to begin negotiations with the Federation over meeting will not take place. Should a successor agreement in accordance with the procedure set forth herein meeting result in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may includemutually acceptable amendment of the Agreement, but not be limited to, then the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and amendment will be reduced subject to writing and signed ratification by the Board and the FederationAssociation. The Negotiation Committees are empowered to affect temporary accommodations to resolve special problems. C. Neither SECTION 3 POWER TO NEGOTIATE/RATIFICATION In any reviews described in this Article, neither party in any negotiations shall have has any control over the selection of the negotiating or bargaining representatives of the other party, ; and each party may select its representatives from within or outside the school district. While It is recognized that no final agreement shall between the parties may be executed without ratification by a majority of the Federation and membership of the BoardAssociation, but the parties mutually pledge that their representatives will be clothed with all representative selected by each have the necessary power and authority to make proposals, consider proposals, proposals and make concessions in tentative agreements. It is not the course intent of this paragraph to provide for continuous negotiations. D. If SECTION 4 RENEGOTIATION DATES The parties agree to comply with the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board or take any other lawful measures it may deem appropriatelaw regarding negotiation dates.

Appears in 1 contract

Samples: Master Agreement

NEGOTIATIONS PROCEDURES. A. The parties shall commence bargaining for a successor Agreement no earlier than April 15 unless otherwise agreed to by the parties. B. It is agreed that terms and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between themwill jointly request the Federal Mediation and Conciliation Service (FMCS) if either party to this Agreement declares impasse. It is in Should FMCS be unavailable, the public interest that the opportunity for mutual parties may commence discussion of such matters be provided. The parties accordingly undertake as to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersa replacement. B. C. During the school year in which this agreement expiresnegotiations, tentatively agreed upon materials shall be prepared by the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by of Education for the Board and the Federation. C. Neither party in any negotiations shall have any control over Association and signed prior to the selection adjournment of the negotiating meeting at which such agreement was reached or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without presented as the first item of business at the next meeting. Any tentative agreement is considered tentative until ratification by the Federation Association and adoption by the board of Education. D. It is the mutual responsibility of both the Board and the Board, the parties mutually pledge that Association to confer upon their representatives will be clothed with all the necessary power and authority to make and discuss proposals, consider proposals, and make concessions counterproposals in the course of negotiations, and to reach common concerns; provided however, such authority shall not be construed as acceptance, tentative or otherwise, of any such proposal by the Board. Either party may request of the other to substantiate any statistics and requests presented as exhibits. It is agreed that mutual sharing of information available will be the general policy under which both parties operate. Either party will be allowed a reasonable time to examine exhibits or requests presented and to record and prepare its own information or requests. A request for fact gathering shall be at the expense of the party making the request. D. If E. When the parties fail Association and Board reach tentative agreement on all matters being negotiated, the items will be reduced to reach an agreement one document and shall be submitted to the membership of the Association for ratification and to the Board for official approval. F. The costs, if any, for the mediator shall be equally shared by the Board and the Association G. The Pontiac Education Association hereby agrees not to strike, or engage in or support or encourage any concerted refusal to render full and complete services in the School District or to engage in or support any activity whatsoever which would disrupt in any such negotiations, either party may invoke manner the mediation machinery operation of the State Labor Mediation Board or take any other lawful measures it may deem appropriateSchool during the term of this agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed that terms and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because On or before September 1st of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During the school prior year in which this agreement Agreement expires, the Association may notify the Board agrees of its desire to begin negotiations with terminate or modify the Federation over a successor agreement terms and conditions of this Agreement and shall submit no later than September 25th to the Board its demands on negotiable items. The parties shall, no later than September 25th, meet, confer and negotiate in accordance with the procedure procedures set forth herein in RSA 273-A and in a good faith effort to reach agreement concerning teachers' salaries a mutual understanding and all other working conditions. Such negotiations may includeagreement. B. The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a tentative agreement, but not be limited to, subject to ratification by the subjects Board and the qualified voting members of the Association covered by this Agreement. C. The Board agrees to help the Association to obtain such non-confidential information in its possession as is reasonably requested. D. Any agreement reached which requires the expenditure of public funds for its implementation shall not be binding upon the Board unless and any other matters mutually agreed to be negotiable until the necessary appropriations have been made by the partiesvoters of the District. The Board shall make a good faith effort to secure the funds necessary to implement said agreements. X. Xxxxxx party may utilize, if it so desires, the services of outside consultants and may call upon professional and lay representatives to assist or represent it in negotiations. F. Any agreement so negotiated will apply to all teachers, and will reached shall be reduced to writing and be signed by the Board and the FederationAssociation. A copy of this Agreement shall be filed with the New Hampshire Public Employees’ Labor Relations Board within fourteen (14) days of the signing. C. Neither party in any negotiations shall have any control over the selection G. If, after discussion of the negotiating or bargaining representatives of the other partyall negotiable matters, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without ratification by the Federation and the Board, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations. D. If the parties fail to reach an agreement in any such negotiationsagreement, either party may invoke declare an impasse. In the mediation machinery event of any impasse, either party may request the American Arbitration Association to appoint a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms which are mutually acceptable. The appointed mediator shall be approved by written agreement by both parties. The mediator will then meet with the parties forthwith, either jointly or separately, in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. X. If the mediator is unable to effect settlement of the State Labor Mediation controversy, either party may, by written notification to the other, request that their differences be submitted to fact finding. The fact finder will meet with the parties or their representative, or both, forthwith, either jointly or separately, make inquiries and investigations and hold hearings. Any such hearings will be held in closed session. The Board and the Association will furnish the fact finder, upon his request, all records, papers and information in their possession relating to any matter under investigation by or take any other lawful measures it in issue before the fact finder. If the dispute is not resolved prior thereto, the fact finder shall make findings of fact and suggest terms of settlement regarding the disputed matters submitted to him. The fact finder may deem appropriatemake his report public in accordance with RSA 273-A:12;I. I. The costs for the services of mediator and/or fact finder, including per diem expenses, if any, will be shared equally by the Board and the Association. J. Determinations and/or recommendations under the provisions of Sections “G” and “H” of the Article will not be binding on the parties.

Appears in 1 contract

Samples: Master Agreement

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NEGOTIATIONS PROCEDURES. A. It is agreed The parties acknowledge that terms and working conditions provided during the negotiations which resulted in this agreement Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association for the life of this Agreement, voluntarily and unqualifiedly waive the right, and each agrees that the other shall remain not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered in effect until altered by this Agreement, even though such subject or matter may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. Matters of common concern which are not covered herein may be subject to negotiation during the period of this Agreement upon the request and mutual agreement in writing of both parties. This Agreement supersedes and cancels all previous agreements, verbal or written, or based on alleged past practices, between the Board and the Association and constitutes the entire agreement between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully Any amendment or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but supplemental hereto shall not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to binding upon either party unless executed in writing and signed ratified by a majority of the Board and a majority of the Federation. C. Neither party in membership of the Association. In any negotiations described by this article, neither party shall have any control over the selection of the negotiating or bargaining representatives of the other party, party and each party may select its representatives from within or outside the school districtSchool District. While It is recognized that no final agreement shall between parties may be executed without ratification of a majority of the Board of Education and by a majority of the Federation and membership of the Board, Association but the parties mutually pledge that their representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations. D. negotiations or bargaining, subject only to such ratification. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate. The Board agrees not to negotiate with any teacher's organization other than the Association for the duration of this Agreement. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the Association has been given opportunity to be represented at such adjustment. Continuity of professional service. The Association recognizes that strikes, as defined by Section I of Public Act 226 of 1947 of Michigan, as amended, by teachers, are contrary to law and public policy. The Board and the Association subscribe to the principle that differences shall be resolved by appropriate and peaceful means, in keeping with the high standards of the profession, without interruption of the school program. Accordingly, the Association agrees, that during the term of this Agreement, it will not direct, instigate, participate in, encourage or support any strike against the Board by any teacher or group of teachers.

Appears in 1 contract

Samples: Master Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed The parties acknowledge that terms and working conditions provided during the negotiations which resulted in this agreement Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association for the life of this Agreement, voluntarily and unqualifiedly waive the right, and each agrees that the other shall remain not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered in effect until altered by this Agreement, even though such subject or matter may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. Matters of common concern which are not covered herein may be subject to negotiation during the period of this Agreement upon the request and mutual agreement in writing of both parties. B. This Agreement supersedes and cancels all previous agreements, verbal or written, or based on alleged past practices, between the Board and the Association and constitutes the entire agreement between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully Any amendment or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but supplemental hereto shall not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to binding upon either party unless executed in writing and signed ratified by a majority of the Board and a majority of the Federationmembership of the Association. C. Neither party in In any negotiations described by this article, neither party shall have any control over the selection of the negotiating or bargaining representatives of the other party, party and each party may select its representatives from within or outside the school districtSchool District. While It is recognized that no final agreement shall between parties may be executed without ratification of a majority of the Board of Education and by a majority of the Federation and membership of the Board, Association but the parties mutually pledge that their representatives will selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations. D. negotiations or bargaining, subject only to such ratification. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board Michigan Employment Relations Commission, or take any other lawful measures it may deem appropriate. D. The Board agrees not to negotiate with any teacher’s organization other than the Association for the duration of this Agreement. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the Association has been given opportunity to be represented at such adjustment.

Appears in 1 contract

Samples: Master Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed contemplated that terms and working conditions of employment as defined by the Public Employment Relations Board (PERB) provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational education process, it is likewise recognized that matters may from time to time arise which are of vital vital, mutual concern of to the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be providedparties. The parties accordingly undertake agree to cooperate in arranging meetings, selecting representatives for discussionfurnishing information, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During By no later than March 1 of the school last year in which this agreement expiresof the Current contract, the Board agrees to begin parties will enter into good- faith negotiations with the Federation over a successor agreement. If the parties mutually agree to discuss topics for negotiation at times other than during the actual contract negotiations, such discussiohs may take place at a mutually agreeable time and place. If such an agreement in accordance with is not concluded by May 1, either party may request the procedure set forth herein in use of mediation. The parties will seek a good faith effort mutually acceptable mediator and will obtain a commitment from said mediator to serve. In case of mediation by a private person, the costs of such mediator shall be borne equally by both parties. If the board and Association are unable to agree on a mediator or are unable to obtain such commitment, the parties may request the State Public Employment Relations Board to assist. If the parties retain a private mediator and have not reached agreement by June 1, either party may request the State Public Employment Relations Board to assist the parties to reach agreement concerning teachers' salaries agreement. The provisions of Section 209 of the Civil Service Law will govern such mediation and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Board and the Federationfact-finding. C. Neither X. Xxxxxxx party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party, party and each party may select its representatives from within or outside without the school district. While no final agreement shall be executed without final ratification by the Federation Association and the Board, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions reach compromises in the course of negotiations, and review compromises with their respective members. D. If Ground Rules and Negotiating 1. Date, time, and place for meetings should be agreeable to both negotiating teams: a. Meetings shall be closed and private. b. Meeting should not be the parties fail same night as regular school board meetings, unless agreed to by both parties. c. At the close of meetings,, date, time, place and purpose of the next meeting should be set. d. In the event of postponement, it is the duty of the postponing team to reschedule the meeting within the ensuing week. Arrangements for postponing and rescheduling of the meeting shall be through the respective spokesperson. e. Neither party shall issue and formal press release or any informal information to members of the press or public concerning the substance of the demands under negotiation or concerning the parties’ positions thereon, prior to impasse. f. No electronic monitoring devices may be used without prior written consent from both parties. 2. Establish effective authority of both negotiating teams to reach an agreement in any such negotiations, either party may invoke agreement: a. Each team will notify the mediation machinery other of the State Labor Mediation names of its members and spokesperson. b. Communications between the two teams will be through the Board or take any other lawful measures it may deem appropriateof Education spokesperson and the Association spokesperson.

Appears in 1 contract

Samples: Memorandum of Agreement (Moa)

NEGOTIATIONS PROCEDURES. A. It is agreed that terms and working conditions provided in this agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake agree to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matters. B. During the school year in which this agreement expires, the Board agrees to begin enter into collective negotiations with the Federation over a successor agreement Agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the partiesChapter 123 Public Laws of 1974. Any agreement so negotiated will shall apply to all teacherscategories of employees which are included in the unit set forth in Article 1, Recognition, of this Agreement and will be reduced to writing writing, and signed by be submitted to the Board and the FederationAssociation for adoption. B. During negotiations, the Board and the Association shall present relevant data, exchange points of view and make proposals and counter proposals. The Board will provide the Association, upon request, with all data in the public domain. C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without ratification by the Federation and the Board, the The parties mutually pledge that their representatives will shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions counter proposals in the course of negotiations. However, it is understood no tentative agreements reached during negotiations shall be considered binding until both the Board and the Association shall officially adopt them. D. If during the period of this Agreement either the Board or the Association feels that it is necessary to meet for the purpose of reviewing problems that may arise, it shall so inform the other party in writing setting forth the problem to be discussed. The party receiving the request shall instruct its representatives to arrange for a meeting to discuss the problem as requested within 10 school days. These meetings are not intended to bypass the grievance procedure. E. Should a mutually acceptable amendment to this Agreement be negotiated by the parties, it shall be reduced to writing, and submitted to the Board and the Association for adoption. F. This Agreement shall not be modified in whole or in part by the parties fail to reach except by an agreement instrument in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board or take any other lawful measures it may deem appropriatewriting duly executed by both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

NEGOTIATIONS PROCEDURES. The BSATA and the School District agree that: A. It is The first negotiating session shall be held not later than January 15 prior to the date of the expiration of this agreement. At the first meeting, a place, day of the week and time of day for subsequent negotiating sessions shall be agreed that terms and working conditions provided in this agreement shall remain in effect until altered upon subject to change only by mutual agreement or in writing between emergency situations. Negotiation sessions shall be limited to not more than three hours, except that by mutual agreement, the parties. Nevertheless, because conclusion of the special nature of the public educational process, it is likewise recognized that matters any particular session may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of be extended beyond such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such matterslimit. B. During the school year in which this agreement expires, the Board agrees to begin All negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Board and the Federationconducted in executive sessions. C. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party, party and each party may select its representatives from within or outside the school districtSchool District. D. Either party may, at its discretion, bring into the negotiations any outside legal and/or professional advisors. E. Either party may, independently, call for a caucus at any time during negotiating session. F. The process of tabling may be used. While no (Tabling shall mean “the temporary suspension of negotiation on a specific item.”) G. Once ground rule have been agreed to and initial meeting dates set, complete negotiations packages shall be exchanged by or before the fourth meeting. H. A free exchange of facts, opinions, proposals and counterproposals shall take place on all issues in an effort to reach agreement. Therefore, each party agrees to make available, upon reasonable and specified request, all data, research and other pertinent materials in its possession on any issue under consideration. I. No final agreement shall be executed without legislative action by the Board where such is necessary or without ratification by the Federation and the Board, BSATA shall be executed: but that the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions reach agreements in the course of negotiations. Once such agreements have been reached on individual articles, they will be initialed by both parties and will be understood to stand as tentative agreements. D. If J. News releases, if any, concerning negotiations prior to impasse will be prepared jointly by the parties fail Association’s and the District’s negotiations representatives. K. Prior to reach an agreement in any such negotiationsthe first negotiating session, either party both sides may invoke the mediation machinery of the State Labor Mediation Board or take any other lawful measures it may deem appropriateagree mutually to modify this Article to suit their needs.

Appears in 1 contract

Samples: Paraprofessional Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed that terms and working conditions provided in this agreement Negotiations for a successor contract shall remain in effect until altered by mutual agreement in writing commence between the parties. Nevertheless, because parties not less than 90 days prior to the expiration date of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersthis contract. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Board and the Federation. C. Neither Each party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without ratification by the Federation and the Board, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, proposals and make concessions in counter proposals during the course of negotiationsnegotiations subject only to ultimate ratification of their respective units. C. The negotiated Tentative Agreement shall be approved or rejected by the membership of the Association and the Board within the timeline agreed upon by the Board and the Association. Reaching of a Tentative Agreement means that the final Tentative Agreement shall have been approved by the chairperson of the teams for submission to the Association and Board memberships for ratification votes. If the Tentative Agreement is rejected by either party, the parties agree to meet to discuss next steps. D. If When an Agreement is reached between the parties, a contract shall be written and signed by the Board President and the Association President, and chairperson of the negotiating committee of each party. Necessary action will be taken by the Board and the Association to implement the specifics of the agreement. There shall be four (4) signed copies of the agreement for purposes of record. Two (2) shall be retained by the Board and two (2) shall be retained by the Association. E. Any amendment to this contract shall be in writing and ratified by both parties prior to its effective date, it being expressly understood that this contract may not be amended or extended orally. X. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties fail after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association for the life of this Agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to reach an agreement bargain collectively with respect to any subject or matter not specifically referred to or covered in any this Agreement, even though such negotiations, subjects or matters may not have been within the knowledge or contemplation of either party may invoke the mediation machinery or both of the State Labor Mediation Board parties at the time that they negotiated or take any other lawful measures signed this agreement. Further, it is recognized that the parties may deem appropriateupon mutual consent modify provisions of this contract during its life if the above paragraph is waived by each in their sole discretion.

Appears in 1 contract

Samples: Professional Agreement

NEGOTIATIONS PROCEDURES. A. It is agreed that terms and working conditions provided in this agreement Negotiations for a successor contract shall remain in effect until altered by mutual agreement in writing commence between the parties. Nevertheless, because parties not less than 90 days prior to the expiration date of the special nature of the public educational process, it is likewise recognized that matters may from time to time arise of vital mutual concern of the parties which have not been fully or adequately negotiated between them. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information and otherwise constructively considering and resolving any such mattersthis contract. B. During the school year in which this agreement expires, the Board agrees to begin negotiations with the Federation over a successor agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' salaries and all other working conditions. Such negotiations may include, but not be limited to, the subjects covered by this agreement and any other matters mutually agreed to be negotiable by the parties. Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Board and the Federation. C. Neither Each party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party, and each party may select its representatives from within or outside the school district. While no final agreement shall be executed without ratification by the Federation and the Board, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, proposals and make concessions in counter proposals during the course of negotiationsnegotiations subject only to ultimate ratification of their respective units. C. The negotiated Tentative Agreement shall be approved or rejected by the membership of the Association and the Board within the timeline agreed upon by the Board and the Association. Reaching of a Tentative Agreement means that the final Tentative Agreement shall have been approved by the chairperson of the teams for submission to the Association and Board memberships for ratification votes. If the Tentative Agreement is rejected by either party, the parties agree to meet to discuss next steps. D. If When an Agreement is reached between the parties, a contract shall be written and signed by the Board President and the Association President, and chairperson of the negotiating committee of each party. Necessary action will be taken by the Board and the Association to implement the specifics of the agreement. There shall be four (4) signed copies of the agreement for purposes of record. Two (2) shall be retained by the Board and two (2) shall be retained by the Association. E. Any amendment to this contract shall be in writing and ratified by both parties prior to its effective date, it being expressly understood that this contract may not be amended or extended orally. F. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties fail after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association for the life of this Agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to reach an agreement bargain collectively with respect to any subject or matter not specifically referred to or covered in any this Agreement, even though such negotiations, subjects or matters may not have been within the knowledge or contemplation of either party may invoke the mediation machinery or both of the State Labor Mediation Board parties at the time that they negotiated or take any other lawful measures signed this agreement. Further, it is recognized that the parties may deem appropriateupon mutual consent modify provisions of this contract during its life if the above paragraph is waived by each in their sole discretion.

Appears in 1 contract

Samples: Professional Agreement

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