Resolving Differences. A. In the event the parties in negotiations are not able to come to an agreement upon items submitted for negotiation a mediator may be appointed (33-1275).
B. In the event mediation fails to bring agreement on all negotiable issues, the issues that remain in dispute may be submitted to fact finding by request of either party. Within 30 days of their appointment, the fact finder will submit a report to both negotiating parties with their recommendations
Resolving Differences. If at any point in the negotiations, the parties to this agreement fail to reach a mutual understanding regarding matters related to wages, hours, terms and other conditions of employment and the continuation, modification, or deletion of an existing condition of this agreement, and the deadlock arising cannot be resolved by the efforts of the Board and the Association alone, either party may declare that an impasse exists and the following procedure shall be implemented:
(a) Within three days of the declaration of impasse, either party may request the services of the Federal Mediation and Conciliation Services to mediate the dispute. This alternate dispute resolution procedure shall supersede and replace all statutory dispute resolution procedure in 4117. ORC. The State Employment Relations Board shall have no authority to alter, modify or replace the parties mutually agreed to procedure. The Association retains its right to strike under the procedures contained in 4117 ORC.
(b) No public employee shall strike during the term or extended term of this collective bargaining agreement or during the pendency of the settlement procedures of this contract.
Resolving Differences. In the event that an agreement cannot be reached on items being negotiated, either party may declare that an impasse exists, but in any event, if negotiations are not successfully concluded by the first day of school, impasse shall exist. Time limits set forth herein may be extended by mutual agreement of the parties. A mediator will be chosen by mutual agreement of both parties. In the event that mutual agreement cannot be reached, the Federal Mediation and Conciliation Service will be asked to appoint a mediator. After ten (10) working days have elapsed following the first mediation session, there being no agreements, either party may call for the implementation of fact finding. The representatives of the Board and Association shall meet within five (5) days after fact finding has been declared to select the Chairperson of the Fact-Finding Committee. One (1) member shall be selected by the Association, and one (1) member shall be selected by the Board, within five (5) days. The third member shall be selected by the first two (2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of potential fact finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party losing the toss striking a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the Fact-Finding Committee. Within five (5) days after the selection of the Chairperson, the negotiation teams shall meet and exchange written language on each item at impasse. The exchanged documents shall also be furnished to the members of the Fact-Finding Committee. The Fact-Finding Committee shall hold a hearing at which the representatives of the parties shall be given an opportunity to present their respective cases with supporting evidence. The Fact-Finding Committee shall have the authority to, and prior to the hearing shall, establish procedural rules and shall conduct the hearing in closed session, and within twenty (20) days after the Fact-Finding Hearing, shall present written recommendations to the Board and the Association. If either the Board or the Association decides to reject one or more of the Fact-Finding Committee's recommendations, said party must, within seven (7) days after the Fact-Finding Committee ha...
Resolving Differences. A. Mediation - Following the sixty (60) calendar day period described in section 21.02 above, either party may declare a bargaining impasse, in which case, unresolved issues are to be submitted to mediation. The federal mediation and conciliation service will be utilized.
B. The mediation period shall end upon the expiration of this agreement or upon such subsequent date certain as the parties may mutually agree.
C. In the event that the assistance of mediation is unsuccessful in producing an agreement, the union reserves the right to strike, with at least a ten (10) day notice.
Resolving Differences. In the event that items remain unresolved at the end of the negotiation period, either party may request the use of a mediator. The mediator shall be obtained through the Federal Mediation and Conciliation Service as first preference, or the American Arbitration Association if the Federal Mediation and Conciliation Service is not available. In the event agreement is not reached through mediation within twenty-one (21) calendar days after the first meeting with the mediator and the parties do not mutually agree to an extension of the twenty-one (21) day period, the Association may initiate the provisions of Section 4117.14 (D-2) of the Ohio Revised Code. Any cost involved in use of the mediator shall be shared equally by the Board and the Association. Agreement reached through use of this provision shall be subject to provisions of section D of this Article.
Resolving Differences. If after sixty (60) calendar days, or a number of days mutually agreed upon, tentative agreement on all items is not reached, either party may declare a bargaining impasse. Within five (5) days of a declaration of impasse, the parties shall jointly contact the Federal Mediation and Conciliation Service and request the assistance of a mediator.
Resolving Differences. 1. If agreement is not reached within thirty (30) days prior to the expiration of the Agreement, either party may request mediation. A mediator shall be obtained as soon as possible through the Federal Mediation and Conciliation Service (FMCS), in accordance with their rules and regulations. Costs that may be incurred in procuring and utilizing the service of FMCS shall be shared by the Board and the Association equally. The mediator shall be used as a means of bringing the two
Resolving Differences. If agreement is not reached after negotiations have taken place for sixty (60) calendar days (unless a later date is mutually agreed to), the parties shall jointly request the appointment of a mediator from the staff of the Federal Mediation and Conciliation Service. The mediator shall meet with the representatives of the parties either jointly or separately, and shall take such steps as he/she deems appropriate to persuade the parties to resolve their differences and to effect a mutually acceptable agreement. The period of mediation shall last for a maximum of forty-five (45) days or until the expiration of the contract, whichever is later, unless an extension of time is agreed to by both parties. Should the parties be unable to reach agreement as the result of this mediation process, the impasse provisions of this collective bargaining agreement shall be deemed exhausted. The parties agree that the mediation process as outlined above shall constitute a mutually agreed upon dispute settlement procedure that supersedes the statutory procedures set forth in ORC 4117.14. The parties further agree that this mediation process shall be utilized for bargaining leading to a successor contract as well as for any interim bargaining which may occur during the life of the Collective Bargaining Agreement between the parties.
Resolving Differences a. In the event there are proposals that have not been resolved in negotiations between the parties, either party may declare impasse. The expiration date of the contract shall be extended through the mediation process. Upon the declaration of impasse by either party, any unresolved issues shall either be withdrawn by the proposer or considered at impasse and submitted to mediation. If the designated representatives of the Board and the Association are unable to agree upon the selection of a mediator within five (5) calendar days, all unresolved issues shall be submitted to federal mediation within ten (10) calendar days.
b. If, after a minimum of fifteen (15) calendar days, mediation has not resolved the differences, the Association shall have the right to proceed under Ohio Revised Code (ORC) Section 4117.14(D)(2).
c. The expenses of the mediator shall be shared equally by the parties.
d. Mediation may extend beyond the expiration date of the contract only with the mutual consent of the parties.
e. The parties intend for this dispute resolution procedure to supersede and take the place of the impasse procedure contained in ORC Chapter 4117.
Resolving Differences. If the parties are unable to reach agreement, either party may declare impasse and request that all unresolved issues be submitted to mediation. Upon the receipt of a written notification by either party that an impasse has been declared, within five (5) calendar days a joint request signed by the LHEA President, or his/her designee, and the superintendent, or his/her designee, shall be submitted to Federal Mediation and Conciliation Service to appoint a mediator to assist in the resolution of all remaining differences. In the event agreement is not reached twenty-one (21) days after the beginning of mediation, the LHEA may initiate the provisions of Section 4117.14 (D-2) R.C.
