ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. At any time during the negotiations for a successor agreement, but not sooner than forty-five (45) days prior to the expiration of this agreement or any extension thereof, either party may declare impasse by giving notice to the other party that a negotiating impasse exists. A. In such case, the parties shall utilize the services of a mediator assigned by the FMCS. The parties agree to share jointly in the incidental cost of mediation, if any. B. Mediation shall be the sole alternative dispute resolution procedure. C. Ultimate impasse may be declared by either party by giving written notice to the other party and the mediator provided the parties have used mediation at least once and provided the negotiation period is over. Unless otherwise agreed to, the negotiation period will be sixty (60) days after the service of SERB’s Notice to Negotiate by the party initiating the collective bargaining process. D. The first mediation session shall be set by the mediator. Thereafter, mediation sessions, if any, shall be by mutual agreement of the parties to meet at times, places and dates suggested by the mediator. E. Once ultimate impasse is declared, either party shall be permitted to take such actions as R.C. Chapter 4117 permits and under such provisions as are set forth therein. Such action shall include the Association’s right to strike and/or the Board’s right to unilaterally implement and/or both parties’ right to continue negotiations.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement