Common use of PROCEDURE FOR NEGOTIATION OF SUCCESSOR AGREEMENT Clause in Contracts

PROCEDURE FOR NEGOTIATION OF SUCCESSOR AGREEMENT. 5.1 On or before September 15th of the school year in which this Agreement expires, the Association may notify the Board of its desire to terminate or modify the terms and conditions of this Agreement. Such notification shall be made in writing by certified mail, return receipt requested, and is subject to compliance with Articles III and Article XVII of the contract and RSA 273:A. If proper notice is given, the parties shall no later than September 15th meet, confer, and negotiate in accordance with the procedures set forth herein in a good faith effort to reach a mutual understanding and Agreement. During negotiations the committee of the Board and the committee of the Association will present relevant data, exchange points of view and make proposals and counterproposals. 5.2 The Negotiating Committees of the Board and the Association shall have the authority to reach a complete Agreement, subject to ratification by the Board and by qualified voting members of the Association covered by this Agreement. 5.3 The Board and the Association agree that non-confidential information each has in its possession shall be made available to the other as is reasonably requested. 5.4 Any Agreement reached shall be reduced to writing and signed by the Board and Association. 5.5 Any Agreement reached which requires the expenditure of public funds for its implementation shall not be binding upon the Board, unless and until the cost items in the Agreement have been approved by the Amherst School District Annual Meeting or any Special School District Meeting called for such purpose. The Board shall make a good faith effort to secure the funds necessary to implement said Agreement. If the voters reduce the warrant article containing the support staff salaries and budget, the Board may opt to have the Association return to the bargaining table. It is understood that should the Board exercise its option under this section, the Association shall comply and the entire Agreement shall be subject to renegotiations. 5.6 If, after discussion of all negotiable matters, the parties fail to reach an Agreement, either party may declare impasse in writing. The impasse procedure shall be that outlined in RSA 273:A.

PROCEDURE FOR NEGOTIATION OF SUCCESSOR AGREEMENT. 5.1 4.1 On or before September 15th prior to October first (1st) of the school prior year in which this Agreement expires, and subject to compliance with Articles III and XVI, the Association may in writing by certified mail, return receipt requested, notify the Board of its desire to terminate or modify the terms and conditions of this Agreement. Such notification shall be made in writing by certified mail, return receipt requested, and is subject to compliance with Articles III and Article XVII of the contract and RSA 273:A. If proper notice is given, the parties shall shall, no later than September 15th October thirtieth (30th) meet, confer, and negotiate in accordance with the procedures set forth herein in a good faith effort to reach a mutual understanding and agreement. 4.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement. 4.3 The Board agrees to supply the Association with such nonconfidential information as is in the Board's possession and is requested by the Association. 4.4 Any agreement reached shall be reduced to writing and signed by the Board and Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding upon the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreement, and will not at any annual District Meeting submit teachers’ salaries or benefits increases as a separate warrant article, except at the beginning of a new Collective Bargaining Agreement. Nothing contained in this Section 4.4 shall prevent the Board from funding teachers’ salaries in the event of a budget cut. 4.5 If, after discussion of all negotiable matters proposed by either party, the parties fail to reach agreement, either party may declare an impasse. In the event of an 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 American Arbitration Association will, within ten (10) days after the receipt of such request, appoint a mediator in accordance with rules and procedures prescribed by it for making such appointment. The mediator will 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. 4.6 If the mediator is unable to effect settlement of the controversy within fifteen (15) days after his/her appointment, either party may, by written notification to the other, request that their differences be submitted to fact finding. Within five (5) days after receipt of the aforesaid written request, either party may request the American Arbitration Association to designate a fact finder. The American Arbitration Association will, within five (5) days after receipt of such request, designate a fact finder in accordance with rules and procedures prescribed by it for making such designations. 4.7 The fact finder will, within five (5) days after his/her appointment, meet with the parties or their representatives, or both, forthwith, either jointly or separately, make inquiries and investigation, hold hearing, or take such other steps, as he/she deems appropriate. Any such hearings will be held in closed session. The Board and Association will furnish the fact finder, upon his/her request, all records, papers and information in their possession relating to any matter under investigation by or in issue before the fact finder. If the dispute is not resolved prior thereto, the fact finder shall make findings of fact and make terms of settlement regarding the disputed matters submitted to him/her. The fact finder may make his/her report public. 4.8 The costs for services of a mediator and/or fact finder, including per diem expenses if any, will be shared equally by the Board and the Association. 4.9 Determinations and/or recommendations under the provisions of Sections 4.6 and 4.7 of this Article IV will not be binding on the parties. 4.10 During negotiations negotiations, the committee of the Board and the committee of the Association will present relevant data, exchange points of view and make proposals and counterproposalscounter-proposals. 5.2 4.11 The Negotiating Committees Board will, if it is known, make the Association aware of the Board and budget submission date at the Association shall have the authority to reach a complete Agreement, subject to ratification by the Board and by qualified voting members of the Association covered by first meeting set forth in this AgreementArticle IV. 5.3 The Board and 4.12 A copy of any agreement reached hereunder will be filed with the Association agree that non-confidential information each has in its possession shall be made available to the other as is reasonably requested. 5.4 Any Agreement reached shall be reduced to writing and signed by the Board and Association. 5.5 Any Agreement reached which requires the expenditure of public funds for its implementation shall not be binding upon the Board, unless and until the cost items in the Agreement have been approved by the Amherst School District Annual Meeting or any Special School District Meeting called for such purpose. The Board shall make a good faith effort to secure the funds necessary to implement said Agreement. If the voters reduce the warrant article containing the support staff salaries and budget, the Board may opt to have the Association return to the bargaining table. It is understood that should the Board exercise its option under this section, the Association shall comply and the entire Agreement shall be subject to renegotiations. 5.6 If, after discussion of all negotiable matters, the parties fail to reach an Agreement, either party may declare impasse in writing. The impasse procedure shall be that outlined in RSA 273:A.NHPELRB within fourteen

PROCEDURE FOR NEGOTIATION OF SUCCESSOR AGREEMENT. 5.1 On or before September 15th 8th of the school year in which this Agreement expires, the Association may notify the Board of its desire to terminate or modify the terms and conditions of this Agreement. Such notification shall be made in writing by certified mail, return receipt requested, and is subject to compliance with Articles III and Article XVII XX of the contract and RSA 273:A. If proper notice is given, the parties shall no later than September 15th 30th meet, confer, and negotiate in accordance with the procedures set forth herein in a good faith effort to reach a mutual understanding and Agreement. During negotiations the committee of the Board and the committee of the Association will present relevant data, exchange points of view view, and make proposals and counterproposalscounter proposals. 5.2 The Negotiating Committees of the Board and the Association shall have the authority to reach a complete Agreement, subject to ratification by the Board and by qualified voting members of the Association covered by this Agreement. 5.3 The Board and the Association agree that non-confidential information each has in its possession shall be made available to the other as is reasonably requested. 5.4 Any Agreement reached shall be reduced to writing and signed by the Board and Association. 5.5 Any Agreement reached which requires the expenditure of public funds for its implementation shall not be binding upon the Board, unless and until the cost items in the Agreement necessary appropriations have been approved made by the Amherst School District Annual Meeting or any Special School District Meeting called for such purpose. The Board shall make a good faith effort to secure the funds necessary to implement said Agreement. If the voters reduce funds necessary to implement said Agreement are reduced by the warrant article containing the support staff salaries and budgetvoters, the Board may opt to have the Association return to the bargaining table. It is understood that should the Board exercise its option under this section, the Association shall comply and the entire Agreement shall be subject to renegotiationsrenegotiation. Cost items for all the years of a new agreement will be submitted in the same warrant article (i.e., “Sanbornized”). On the warrant for an annual meeting that includes an article for approval of a new collective bargaining agreement, the School Board also will include a warrant article per RSA 197:3 III, which requests voter authorization of a special meeting without petitioning the Superior Court in the event that the annual meeting amends or rejects that cost items associated with the new collective bargaining agreement. 5.6 If, after discussion of all negotiable matters, the parties fail to reach an Agreement, either party may declare impasse in writing. The impasse procedure shall be that outlined in RSA 273:A.