Common use of NEW METHODS OF OPERATION Clause in Contracts

NEW METHODS OF OPERATION. A. NEW METHODS. Notwithstanding the above, it is agreed that should the Employer intend to institute any new method of operation that would result in a material change in any job presently being done and covered by this Agreement, the Employer shall give to the affected union or unions at least one hundred and twenty (120) days written advance notice by certified or registered mail setting forth the nature of such intended changes and/or methods of operations. Upon written request by the Union, negotiations of job classifications, wages, working conditions, and/or the disposition of displaced employees resulting from the institution of such new methods shall begin promptly. B. FAILURE TO REACH AGREEMENT ON NEW METHODS. If agreement is not reached in such negotiations on the subjects set forth in the preceding paragraph within the first (1st) thirty (30) day period of the one hundred twenty (120) day period described above, the parties shall submit all those unresolved issues to a fact-finding panel during a second (2nd) thirty (30) day period. The fact-finding panel shall consist as hereafter provided: Each party shall, within five (5) days, designate one person to serve as its representative and those two people shall select a third, who will act as chairman. Failing to agree upon a third, the two members shall within five (5) days, notify the Federal Mediation and Conciliation Service, who will, within five (5) days from such notification, furnish a panel of nine (9) names from which the chairman will be selected by alternately striking until but one name remains. The panel shall make inquiries, investigations, hold meetings and take whatever steps it may deem appropriate to render a confidential report and recommendations within twenty (20) days, which report and recommendations shall not be binding upon either party. Upon receipt of the confidential report of the fact-finders, the parties shall resume negotiations for a period not to exceed a third (3rd) thirty (30) days. In the event the parties do not reach agreement within such third (3rd) thirty (30) day period, then all unresolved issues in regard to job classifications, wages, working conditions, and/or the disposition of displaced employees shall be submitted to final and binding arbitration. The arbitrator shall, within ten (10) days, be selected in accordance with the same procedure as is provided above for the selection of the chairman of the fact-finding panel. The parties further agree that the arbitrator’s decision shall be final and binding, and that there will be no strikes, work stoppages, lockout, or economic action of any sort or form employed by either party in connection with or arising out of any dispute concerning or related in any way to the operation of this Article. It is agreed and expected that the parties will exert every effort to accomplish the foregoing within the one hundred and twenty (120) day allotted period, but failing to do so, shall not prohibit or in any way impede the Employer from installing or effectuating any such new methods, systems, or equipment upon the expiration of the allotted one hundred and twenty (120) day time period, unless such period is extended by mutual written agreement. The decision of the arbitrator shall be effective on or retroactive to the date such new method is installed. The cost of the impartial fact-finder and/or arbitrator shall be borne equally by the parties. The provisions of Article 17 of this Agreement shall in no way affect or be applicable to the procedures set forth in this Article.

NEW METHODS OF OPERATION. A. NEW METHODS. Notwithstanding the above, it is agreed that should the Employer intend to institute any new method of operation that would result in a material change in any job presently being done and covered by this Agreement, the Employer shall give to the affected union or unions at least one hundred and twenty (120) days written advance notice by certified or registered mail setting forth the nature of such intended changes and/or methods of operations. Upon written request by the Union, negotiations of on job classifications, wages, working conditions, and/or the disposition of displaced employees resulting from the institution of such new methods shall begin promptly. B. FAILURE TO REACH AGREEMENT ON NEW METHODS. If agreement is not reached in such negotiations on the subjects set forth in the preceding paragraph Paragraph within the first (1st) thirty (30) day period of the one hundred and twenty (120) day period described above, the parties shall submit all those unresolved issues to a fact-finding factfinding panel during a second (2nd) thirty (30) day period. The fact-finding factfinding panel shall consist as hereafter provided: Each party shall, within five (5) days, designate one person to serve as its representative and those two people shall select a third, who will act as chairman. Failing to agree upon a third, the two members shall shall, within five (5) days, notify the Federal Mediation and Conciliation Service, who will, within five (5) days from such notification, furnish a panel of nine fourteen (914) names from which the chairman will be selected by alternately striking until but one name remains. The panel shall make inquiries, investigations, hold meetings and take whatever steps it may deem appropriate to render a confidential report and recommendations within twenty (20) days, which report and recommendations shall not be binding upon either party. Upon receipt of the confidential report of the fact-findersfactfinders, the parties shall resume negotiations for a period not to exceed a third (3rd) thirty (30) days. In the event the parties do not reach agreement within such third (3rd) thirty (30) day period, then all unresolved issues in regard to job classifications, wages, working conditions, and/or the disposition of displaced employees shall be submitted to final and binding arbitration. The arbitrator shall, within ten (10) days, be selected in accordance with the same procedure as is provided above for the selection of the chairman of the fact-finding factfinding panel. The parties further agree that the arbitrator’s decision shall be final and binding, and that there will be no strikes, work stoppages, lockout, or economic action of any sort or form employed by either party in connection with or arising out of any dispute concerning or related in any way to the operation of this Article. It is agreed and expected that the parties will exert every effort to accomplish the foregoing within the one hundred and twenty (120) day allotted period, but failing to do so, shall not prohibit or in any way impede the Employer from installing or effectuating any such new methods, systems, or equipment upon the expiration of the allotted one hundred and twenty (120) day time period, unless such period is extended by mutual written agreement. The decision of the arbitrator shall be effective on or retroactive to the date such new method is installed. The cost of the impartial fact-finder factfinder and/or arbitrator shall be borne equally by the parties. The provisions of Article 17 18 of this Agreement shall in no way affect or be applicable to the procedures set forth in this Article.

NEW METHODS OF OPERATION. A. NEW METHODS. Notwithstanding the above, it is agreed that should the Employer intend to institute any new method of operation that would result in a material change in any job presently being done and covered by this Agreement, the Employer shall give to the affected union or unions at least one hundred and twenty (120) days written days' written, advance notice by certified or registered mail setting forth the nature of such intended changes and/or methods of operations. Upon written request by the Union, negotiations of on job classifications, wages, working conditions, and/or the disposition of displaced employees resulting from the institution of such new methods shall begin promptly. B. FAILURE TO REACH AGREEMENT ON NEW METHODS. METHODS If agreement is not reached in such negotiations on the subjects set forth in the preceding paragraph within the first (1st) thirty (30) day period of the one hundred twenty (120) day period described above, the parties shall submit all those unresolved issues to a fact-finding panel during a second (2nd) thirty (30) day period. The fact-finding panel shall consist as hereafter provided: Each provided each party shall, within five (5) days, designate one person to serve as its representative and those two people shall select a third, who will act as chairman. Failing to agree upon a third, the two members shall shall, within five (5) days, notify the Federal Mediation and Conciliation Service, who will, within five (5) days from such notification, furnish a panel of nine (9) fifteen names from which the chairman will be selected by alternately striking until but one name remains. The panel shall make inquiries, investigations, hold meetings and take whatever steps it may deem appropriate to render a confidential report and recommendations within twenty (20) days, which report and recommendations shall not be binding upon either party. Upon receipt of the confidential report of the fact-finders, the parties shall resume negotiations for a period not to exceed a third (3rd) thirty (30) days. In the event the parties do not reach agreement within such third (3rd) thirty (30) day period, then all unresolved issues in regard to job classifications, wages, working conditions, and/or the disposition of displaced employees shall be submitted to final and binding arbitration. The arbitrator shall, within ten (10) days, be selected in accordance with the same procedure as is provided above for the selection of the chairman of and the fact-finding panel. The parties further agree that the arbitrator’s 's decision shall be final and binding, and that there will be no strikes, work stoppages, lockout, or economic action of any sort or form employed by either party in connection with or arising out of any dispute concerning or related in any way to the operation of this Articlesection. It is agreed and expected that the parties will exert every effort to accomplish the foregoing within the one hundred and twenty (120) day allotted period, but failing to do so, shall not prohibit or in any way impede the Employer from installing or effectuating any such new methods, systems, or equipment upon the expiration of the allotted one hundred and twenty (120) day time period, unless such period is extended by mutual written agreement. The decision of the arbitrator shall be effective on or retroactive to the date such new method is installed. The cost of the impartial fact-finder and/or arbitrator shall be borne equally by the parties. The provisions of Article 17 21 of this Agreement shall in no way affect or be applicable to the procedures set forth in this Articlesection.

NEW METHODS OF OPERATION. A. NEW METHODS. Notwithstanding the above, it is agreed that should the Employer intend to institute any new method of operation that would result in a material change in any job presently being done and covered by this Agreement, the Employer shall give to the affected union or unions at least one hundred and twenty (120) days written advance notice by certified or registered mail setting forth the nature of such intended changes and/or methods of operations. Upon written request by the Union, negotiations of on job classifications, wages, working conditions, and/or the disposition of displaced employees resulting from the institution of such new methods shall begin promptly. B. FAILURE TO REACH AGREEMENT ON NEW METHODS. If agreement is not reached in such negotiations on the subjects set forth in the preceding paragraph Paragraph within the first (1st) thirty (30) day period of the one hundred and twenty (120) day period described above, the parties shall submit all those unresolved issues to a fact-finding factfinding panel during a second (2nd) thirty (30) day period. The fact-finding factfinding panel shall consist as hereafter provided: Each party shall, within five (5) days, designate one person to serve as its representative and those two people shall select a third, who will act as chairman. Failing to agree upon a third, the two members shall shall, within five (5) days, notify the Federal Mediation and Conciliation Service, who will, within five (5) days from such notification, furnish a panel of nine (9) names from which the chairman will be selected by alternately striking until but one name remains. The panel shall make inquiries, investigations, hold meetings and take whatever steps it may deem appropriate to render a confidential report and recommendations within twenty (20) days, which report and recommendations shall not be binding upon either party. Upon receipt of the confidential report of the fact-finders, the parties shall resume negotiations for a period not to exceed a third (3rd) thirty (30) days. In the event the parties do not reach agreement within such third (3rd) thirty (30) day period, then all unresolved issues in regard to job classifications, wages, working conditions, and/or the disposition of displaced employees shall be submitted to final and binding arbitration. The arbitrator shall, within ten (10) days, be selected in accordance with the same procedure as is provided above for the selection of the chairman of the fact-finding panel. The parties further agree that the arbitrator’s decision shall be final and binding, and that there will be no strikes, work stoppages, lockout, or economic action of any sort or form employed by either party in connection with or arising out of any dispute concerning or related in any way to the operation of this Article. It is agreed and expected that the parties will exert every effort to accomplish the foregoing within the one hundred and twenty (120) day allotted period, but failing to do so, shall not prohibit or in any way impede the Employer from installing or effectuating any such new methods, systems, or equipment upon the expiration of the allotted one hundred and twenty (120) day time period, unless such period is extended by mutual written agreement. The decision of the arbitrator shall be effective on or retroactive to the date such new method is installed. The cost of the impartial fact-finder and/or arbitrator shall be borne equally by the parties. The provisions of Article 17 of this Agreement shall in no way affect or be applicable to the procedures set forth in this Article.fourteen