Common use of PROCEDURES FOR CONDUCTING NEGOTIATIONS Clause in Contracts

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-one

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented posted on the District’s website within thirty (30) days. The Board shall print enough copies of the Agreement for each Association Building Representative and Officer. The cost of such printing, including labor and material shall be borne by the Board Board. In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-one

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either The Board, or the designated representative of the Board, will meet with representatives designated by the Union for the purpose of discussing and reaching agreement. All negotiations shall be conducted exclusively between said teams. The Board's negotiating team and the Union's negotiating team will be limited to five (5) members, unless both parties agree upon a different limit. The OAPSE field representative shall be in addition to the five (5) association members. Neither party may shall have control over the selection of the other party's team members. While no final agreement shall be executed without ratification by the Union and adoption by the Board, the negotiating teams will have the authority to make proposals, consider proposals and determine items acceptable to both parties involved in negotiations. Negotiable matters shall be with respect to wages, hours, terms and conditions of employment, and the continuation, modification or deletion of a collective bargaining agreement. Upon receipt of a written request negotiations for a successor Agreement by issuing a notice either party to negotiate to open negotiations, the other party between will have seven (7) days to reply to the request. A meeting date shall be agreed to within twenty-one (21) days of such request. Such request be made no more than one-hundred and twenty (120) and ninety (90) days prior to the expiration of this AgreementAgreement unless mutually agreed upon prior to contract termination date. The State Employment Relations Board will also be notified of the intent All days referred to open negotiations at in this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals section shall be comprehensive in nature and no additional issues shall calendar days. Any variance from this schedule must mutually be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to upon by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association OAPSE and the Board for approvalof Education. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board In the event an agreement is not reached by negotiations after fortyfull consideration of proposals and counter-five (45) days from the first bargaining sessionproposals, either of the parties shall have the option of requesting declaring impasse. Impasse is whenever the assistance parties have stopped talking to each other at the negotiating table or after many bargaining sessions have been held and the position of the parties have solidified and the parties have become intransigent pertaining to unresolved negotiation issues. If impasse is declared by either party, it is with the understanding that impasse proceedings are declared on just those issues where Agreement has not been reached by either party. The parties shall jointly prepare a federal mediator under the guidelines of request for a Mediator and direct such request to the Federal Mediation and Conciliation Service. In The assigned mediator shall have the event that authority to call meetings for the services purpose of a promoting an agreement between the parties. The mediator are called upon, the mediation process will last twenty-onehas no authority to recommend or to bind either party to any agreements.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party 6.01 Negotiations may commence at the request negotiations for a successor Agreement by issuing a notice to negotiate to of the other party between one hundred twenty (120) and Union or the Board within ninety (90) days prior to of the expiration of this Agreement. The the existing Agreement by filing notice the State Employment Relations Board will also (SERB). Such requests shall be notified made to the Superintendent or his/her designee, the Local Union President, or the OAPSE Staff Field Representative. Upon written request of the intent to open negotiations at this time. Within either party for a meeting date shall be set not more than fifteen (15) days following the request. 6.02 The Union’s negotiating team may consist of receipt one (1) Employee from each job classification (Employees on second shift shall be given professional leave to prepare for negotiations), the OAPSE Local President, and the OAPSE Staff Field Representative. The Board’s negotiating team may consist of said noticean equal number. Each negotiating team shall pay its own expense. All meetings shall be held in confidence and maintained as confidential. 6.03 The following shall be determined at the commencement of each negotiating meeting prior to proceeding to negotiating items: A. The time, representatives place and date of the parties next meeting. B. The length of the meeting in session, however, no meeting except an impasse meeting, shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are exceed three (3) hours including caucus time unless mutually agreed to by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiationsboth parties. Upon request of either bargaining teamparty, a bargaining session may the meeting shall be recessed one-half (1/2) hour or less to permit the requesting party a period of time to caucus. When , as long as the maximum time limit of one half (1/2) hour is not exceeded, unless mutually agreed to by both parties. C. All issues for negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted in writing by both parties at the first negotiation meeting. All issues shall be stated in a specific and concise manner. No additional issues for negotiations shall be specifically referenced to the State Employment existing Negotiated Agreement and easily identified. D. The agenda for each meeting shall be set in advance after the first meeting has occurred by collaboration between the Labor Relations Consultant and the Board. 6.04 Items being negotiated will be grouped into sections. As When a tentative agreement is has been reached on each issuesection, it shall the tentative agreement will be so noted and initialed by each party. When consensus is reached covering the areas under discussionboth negotiating teams which will indicate their pledge to recommend ratification to their respective groups. 6.05 If, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board In the event an agreement is not reached after forty-five (45) days from the first bargaining sessionnegotiations meeting, agreement has not been reached on all items, negotiations may continue by mutual consent of both parties. However, either party can declare impasse at the end of the parties shall have forty-five (45) days. 6.06 If either party calls for the option of requesting the assistance of a federal mediator under the guidelines services of the Federal Mediator, the other party shall not object to that effort. Federal Mediation and Conciliation ServiceServices cannot be employed or used until the thirtieth (30th) day after the expiration of this Agreement. In The Federal Mediator shall have no authority to bind either party to any terms or conditions of an agreement. 6.07 When an agreement has been reached by both negotiating teams, the event that tentative agreement will be submitted to the services Local for ratification. If ratified, the ratified agreement must be returned to the Board by the Union. The Board shall, within thirty (30) days of receipt approve or disapprove the ratified agreement by an appropriate resolution. 6.08 The President of the Local and the OAPSE Staff Field Representative shall sign the Agreement on behalf of the Union and the President of the Board and the Superintendent shall sign the Agreement on behalf of the Board. 6.09 Prior to and during the period of negotiation, or impasse, the Board and the Union agree to provide each other, within a reasonable time period, with information concerning the issue(s) under consideration at the expense of the requesting party. 6.10 Upon receipt of a mediator are called uponwritten or verbal request for a meeting, such meeting will be held within thirty (30) days. However, the mediation process initial meeting date agreed to shall not be held more than ninety (90) days prior to the expiration of the Agreement unless agreed to by both parties. 6.11 During negotiations, interim reports may be made to the Local by its representatives and to the Board by its representatives. Each party will last twenty-onebe responsible for requesting that information from such reports be regarded as only proposals and shall be considered as confidential information within the organization concerned. 6.12 News releases, either during negotiations or at the time of conclusion of negotiations, shall be made only by mutual agreement as to when and the content of the news release. 6.13 When a tentative agreement is reached through negotiations, the outcome shall be reduced to writing. Both parties shall review the tentative agreement within ten

Appears in 2 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation Negotiations teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board Board. The Association shall be responsible for getting a print-­‐ready copy to the Board. In the event an agreement is not reached after forty-five forty-­‐five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-onetwenty-­‐one (21) calendar days from assignment of a mediator and/or the expiration date of the contract, whichever is less. The mediation process may be extended by mutual agreement of the parties. Within forty-­‐five (45) days prior to the expiration of the contract, the parties, by mutual agreement, may agree to another alternative dispute resolution procedure. Any mutually agreed upon change shall be sent in writing to the State Employment Relations Board. The Board and Association agree that negotiation sessions will be conducted in executive session. During the times that negotiations are in progress, from the commencement of negotiations until a tentative agreement on all issues submitted for negotiations has been reached or mediation has been concluded without agreement, all public communication will be limited to statements regarding the status of negotiation meetings. Statements regarding proposals or positions are specifically prohibited. After tentative agreement has been reached on all issues submitted for negotiations or the completion of mediation, each party may issue its own press release or other communication without limitation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation Negotiations teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining negotiating team. (Reference: Article 1820) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed by a professional printer and presented to each member within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board Board. The Association shall be responsible for getting a print-ready copy to the Board. In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-oneone (21) calendar days from assignment of a mediator and/or the expiration date of the contract, whichever is less. The mediation process may be extended by mutual agreement of the parties. Within forty-five (45) days prior to the expiration of the contract, the parties by mutual agreement, may agree to another alternative dispute resolution procedure. Any mutually agreed change shall be sent in writing to the State Employment Relations Board. The Board and Association agree that negotiation sessions will be conducted in executive session. During the times that negotiations are in progress, from the commencement of negotiations until a tentative agreement on all issues submitted for negotiations has been reached or mediation has been concluded without agreement, all public communication will be limited to statements regarding the status of negotiation meetings. Statements regarding proposals or positions are specifically prohibited. After tentative agreement has been reached on all issues submitted for negotiations or the completion of mediation, each party may issue its own press release or other communication without limitation.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either 5.01 The Board, or the designated representative of the Board, will meet with representatives designated by the Union for the purpose of discussing and reaching agreements. All negotiations shall be conducted exclusively between said teams. Each bargaining team may consist of up to six (6) members. Neither party shall have control over the selection of the other party’s team members. While no final agreement shall be executed without ratification by the Union and adoption by the Board, the negotiating teams will have the authority to make proposals, consider proposals and determine items acceptable to both parties involved in negotiations. Field staff of OAPSE may be included in the Local’s negotiating team. 5.02 Up to three (3) consultants may be used by each of the parties in any of the negotiations meetings in an advisory capacity. Consultants will not be permitted to enter into discussions unless both parties agree to permit them to address the teams. 5.03 The expense of such consultants shall be borne by the party requesting or hiring them. 5.04 Necessary clerical assistance may be provided if both parties agree and, if such is the case, the cost will be shared equally by the Board and the Union. 5.05 Upon receipt of a written request negotiations for a successor Agreement by issuing a notice meeting, either party will have seven (7) days to negotiate reply to the other party between request. A meeting date shall be agreed to within twenty-one (21) days of such request. Such request shall not be made earlier than one hundred twenty (120) and ninety (90) days prior to the expiration of contract termination date. All days referred to in this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals section shall be comprehensive calendar days. Any variance from this schedule must mutually be agreed upon by OAPSE and the Board of Education. 5.06 All issues for negotiations shall be submitted in nature and no writing at the first meeting. No additional issues shall be introduced after submitted by either party following the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually designated meeting, unless agreed to by both parties. 5.07 The parties shall meet at places and times agreed upon at the teamsbeginning of the prior meeting. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions Length of meetings, as well as times and places of the following meetings shall be conducted in executive agreed upon at the onset of the beginning of each session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining All meetings shall be mutually decided by the parties prior to negotiations. held in Executive Session. 5.08 Upon request of either bargaining teamparty, a bargaining session may the negotiation meeting shall be recessed to permit the requesting party a caucusperiod of time within which to caucus in privacy. 5.09 During negotiations, interim reports will be made to the Union by its representatives and to the Board of Education by its representatives. When negotiations are conducted during regular school hours, release time Each party will be responsible for requesting that the information from such reports be regarded as only proposals and shall be provided for confidential information with the Association’s bargaining team. (Reference: Article 18) There organization concerned. 5.10 News releases during negotiations shall be three (3) signed copies made only by mutual agreement as to when and content of the final agreement. One (1) copy release. 5.11 No action to coerce, censor or penalize any participant in negotiations shall be retained made or implied by any other negotiator or member of either party so represented. Both sides agree to conduct themselves in a professional and non-personal manner. 5.12 As negotiated items are agreed upon, they shall be reduced to writing and initialed by the chief negotiator of each party. Such initialing shall be construed as tentative agreement by both parties on that item, or issue, subject to finalization by ratification by the membership of the Union and adoption by the Board. 5.13 When an agreement is reached through negotiations, one (1) by the Associationoutcome shall be reduced to writing. Both parties shall review the contract together to determine the accuracy of the transcript. If the contract is then in proper form, and one (1) it shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association Union and the Board for approvalratification and adoption. Following approval When adopted by the Association and Board, a the contract shall become part of the official Board minutes and binding on both parties. Said contract shall be entered into by both parties. The Association and the Board agree to abide signed by the terms Board’s representative and by the Union’s representative. 5.14 Prior to the negotiated contract being presented to the Union and to the Board, each member of both negotiating teams shall pledge to recommend adoption of the Agreement. tentative agreement. 5.15 The Board agrees to provide copies of the final Agreement, as adopted by contract for all employees in the Board and ratified by the Association, will be printed and presented recognized unit within thirty (30) daysdays after adoption by the Board. The cost of such printing, including labor and material shall is to be borne shared equally by the Board In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-oneOAPSE Local #332.

Appears in 2 contracts

Samples: Master Contract, Master Contract

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PROCEDURES FOR CONDUCTING NEGOTIATIONS. 1. Either party may request negotiations for a successor Agreement by issuing submitting a notice to negotiate to the State Employment Relations Board (“SERB”) and to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. 2. Within fifteen (15) days of receipt of said notice, representatives of the parties Parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation teams will shall be limited to five ten (510) members each. Both sides may , unless both Parties mutually agree to change this size by mutual agreementa different number for specific meetings. 3. Negotiation Negotiations sessions shall be conducted in executive session; however, this does not prohibit each party may report on the flow progress of information negotiations to either party’s their respective constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. 4. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. . a. When negotiations are conducted during regular school hours, release released time shall be provided for the Association’s bargaining 's negotiating team, up to a limit of five (5). 5. (Reference: Article 18) There shall be three (3) signed copies of the final agreementAgreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. 6. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement agreement, signed by the appropriate representatives, and submitted within thirty (30) calendar days to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. . a. The final Agreement, as adopted by the Board and ratified by the Association, will shall be printed by a professional printer and presented to each member within thirty (30) days. The cost of such the printing, including labor and material materials for one hundred twenty-five (125) Association copies and seventy-five (75) Board of Education copies, shall be borne split by the Board Parties. The Association shall be responsible for printing the contract. 7. In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties Parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation ServiceFMCS. In The mediation process may be extended by mutual agreement of the event that Parties. 8. Within forty-five (45) days prior to the services expiration of a mediator are called uponthe contract, the mediation process will last twentyParties, by mutual agreement, may agree to another alternative dispute resolution procedure, including fact-onefinding. Any mutually agreed change shall be sent, in writing, to the SERB. A mutually agreeable fact-finder may be selected by the Parties or by using the voluntary rules of FMCS. 9. The Parties may mutually agree to extend the above timelines.

Appears in 1 contract

Samples: Collective Bargaining Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation Negotiations teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board Board. The Association shall be responsible for getting a print-ready copy to the Board. In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-oneone (21) calendar days from assignment of a mediator and/or the expiration date of the contract, whichever is less. The mediation process may be extended by mutual agreement of the parties. Within forty-five (45) days prior to the expiration of the contract, the parties, by mutual agreement, may agree to another alternative dispute resolution procedure. Any mutually agreed upon change shall be sent in writing to the State Employment Relations Board. The Board and Association agree that negotiation sessions will be conducted in executive session. During the times that negotiations are in progress, from the commencement of negotiations until a tentative agreement on all issues submitted for negotiations has been reached or mediation has been concluded without agreement, all public communication will be limited to statements regarding the status of negotiation meetings. Statements regarding proposals or positions are specifically prohibited. After tentative agreement has been reached on all issues submitted for negotiations or the completion of mediation, each party may issue its own press release or other communication without limitation.

Appears in 1 contract

Samples: Master Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation Negotiations teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 1819) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed by a professional printer and presented to each member within thirty (303) days. The cost of such printing, including labor and material shall be borne by the Board Board. The Association shall be responsible for getting a print-ready copy to the Board. In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-oneone (21) calendar days from assignment of a mediator and/or the expiration date of the contract, whichever is less. The mediation process may be extended by mutual agreement of the parties. Within forty-five (45) days prior to the expiration of the contract, the parties by mutual agreement, may agree to another alternative dispute resolution procedure. Any mutually agreed change shall be sent in writing to the State Employment Relations Board. The Board and Association agree that negotiation sessions will be conducted in executive session. During the times that negotiations are in progress, from the commencement of negotiations until a tentative agreement on all issues submitted for negotiations has been reached or mediation has been concluded without agreement, all public communication will be limited to statements regarding the status of negotiation meetings. Statements regarding proposals or positions are specifically prohibited. After tentative agreement has been reached on all issues submitted for negotiations or the completion of mediation, each party may issue its own press release or other communication without limitation.

Appears in 1 contract

Samples: Master Agreement

PROCEDURES FOR CONDUCTING NEGOTIATIONS. Either party 6.01 Negotiations may commence at the request negotiations for a successor Agreement by issuing a notice to negotiate to of the other party between one hundred twenty (120) and Union or the Board within ninety (90) days prior to of the expiration of this Agreement. The the existing Agreement by filing notice the State Employment Relations Board will also (SERB). Such requests shall be notified made to the Superintendent or his/her designee, the Local Union President, or the OAPSE Staff Field Representative. Upon written request of the intent to open negotiations at this time. Within either party for a meeting date shall be set not more than fifteen (15) days following the request. 6.02 The Union’s negotiating team may consist of receipt one (1) Employee from each job classification (Employees on second shift shall be given professional leave to prepare for negotiations), the OAPSE Local President, and the OAPSE Staff Field Representative. The Board’s negotiating team may consist of said noticean equal number. Each negotiating team shall pay its own expense. All meetings shall be held in confidence and maintained as confidential. 6.03 The following shall be determined at the commencement of each negotiating meeting prior to proceeding to negotiating items: A. The time, representatives place and date of the parties next meeting. B. The length of the meeting in session, however, no meeting except an impasse meeting, shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are exceed three (3) hours including caucus time unless mutually agreed to by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiationsboth parties. Upon request of either bargaining teamparty, a bargaining session may the meeting shall be recessed one-half (1/2) hour or less to permit the requesting party a period of time to caucus. When , as long as the maximum time limit of one half (1/2) hour is not exceeded, unless mutually agreed to by both parties. C. All issues for negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted in writing by both parties at the first negotiation meeting. All issues shall be stated in a specific and concise manner. No additional issues for negotiations shall be specifically referenced to the State Employment existing Negotiated Agreement and easily identified. D. The agenda for each meeting shall be set in advance after the first meeting has occurred by collaboration between the Labor Relations Consultant and the Board. 6.04 Items being negotiated will be grouped into sections. As When a tentative agreement is has been reached on each issuesection, it shall the tentative agreement will be so noted and initialed by each party. When consensus is reached covering the areas under discussionboth negotiating teams which will indicate their pledge to recommend ratification to their respective groups. 6.05 If, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board In the event an agreement is not reached after forty-five (45) days from the first bargaining sessionnegotiations meeting, agreement has not been reached on all items, negotiations may continue by mutual consent of both parties. However, either party can declare impasse at the end of the parties shall have forty-five (45) days. 6.06 If either party calls for the option of requesting the assistance of a federal mediator under the guidelines services of the Federal Mediator, the other party shall not object to that effort. Federal Mediation and Conciliation ServiceServices cannot be employed or used until the thirtieth (30th) day after the expiration of this Agreement. In The Federal Mediator shall have no authority to bind either party to any terms or conditions of an agreement. 6.07 When an agreement has been reached by both negotiating teams, the event that tentative agreement will be submitted to the services Local for ratification. If ratified, the ratified agreement must be returned to the Board by the Union. The Board shall, within thirty (30) days of receipt approve or disapprove the ratified agreement by an appropriate resolution. 6.08 The President of the Local and the OAPSE Staff Field Representative shall sign the Agreement on behalf of the Union and the President of the Board and the Superintendent shall sign the Agreement on behalf of the Board. 6.09 Prior to and during the period of negotiation, or impasse, the Board and the Union agree to provide each other, within a reasonable time period, with information concerning the issue(s) under consideration at the expense of the requesting party. 6.10 Upon receipt of a mediator are called uponwritten or verbal request for a meeting, such meeting will be held within thirty (30) days. However, the mediation process initial meeting date agreed to shall not be held more than ninety (90) days prior to the expiration of the Agreement unless agreed to by both parties. 6.11 During negotiations, interim reports may be made to the Local by its representatives and to the Board by its representatives. Each party will last twenty-onebe responsible for requesting that information from such reports be regarded as only proposals and shall be considered as confidential information within the organization concerned. 6.12 News releases, either during negotiations or at the time of conclusion of negotiations, shall be made only by mutual agreement as to when and the content of the new release. 6.13 When a tentative agreement is reached through negotiations, the outcome shall be reduced to writing. Both parties shall review the tentative agreement within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

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