Impasse Procedure Clause Samples
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Impasse Procedure. 5.1 If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee.
5.2 The fact finding committee consisting of three (3) members shall be formed. 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 winning the toss having the right to strike a name 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.
5.3 Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the committee.
5.4 The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association.
5.5 If either party decides it must reject any one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort.
5.6 The costs for the services of the fact-finding committee,...
Impasse Procedure. If, at the designated time for the conclusion of formal negotiations, agreement has not been reached, or at the request of either party, the provisions for handling an impasse as provided by Education Article, Title 6, Subtitle 5, of the Annotated Code of Maryland, shall apply. The impasse procedure shall be postponed upon mutual consent of both parties.
Impasse Procedure. The impasse process shall be conducted pursuant to Title 6, Subtitle 4 and 5, et seq., of the Education Article of the Annotated Code of Maryland.
Impasse Procedure. If agreement is not reached fifty-one (51) days prior to the expiration of the current contract the parties shall jointly notify the Federal Mediation and Conciliation Service (FMCS) that a mediator is required to assist the parties. Thereafter, mediation shall commence in accordance with a schedule established by the mediator. The procedure above represents the sole and exclusive dispute resolution procedure between the parties, and no other dispute resolution procedure shall be utilized, including fact-finding, mediation, conciliation, or those established by O.R.C. 4117.14.
Impasse Procedure. 4.3.1 Either negotiating team may declare impasse at any time. The negotiating team declaring the impasse shall submit the declaration of impasse in writing to the other negotiating team.
4.3.2 The issues in dispute shall be submitted to a mediator in an effort to induce the negotiating teams to reach voluntary agreement.
4.3.3 Representatives of the parties shall meet within three days of the declaration of impasse to discuss the selection of a mediator. If a mediator cannot be mutually agreed upon, a mediator shall be selected in the following manner:
4.3.3.1 Within two days of the date on which representative of the parties meet to discuss selection of a mediator, representatives of the parties shall jointly request the American Arbitration Association (AAA) to submit simultaneously to each party identical lists of the names of at least five persons skilled in mediation of education matters.
4.3.3.2 Each party shall have seven days from postmarked date to postmarked date in which to cross off any name to which it objects, number the remaining names in order of its preference, and return the list to the AAA. If a party does not return the list within the time specified all persons named shall be deemed acceptable to such party.
4.3.3.3 From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of a mediator.
4.3.3.4 If the parties fail to agree upon any of the persons named, or if those named decline or are unable to act, or if for any other reason appointment cannot be made from such list of names, the AAA shall appoint a mediator without submitting additional lists.
Impasse Procedure a. If an agreement is not reached, either party may declare an impasse, but impasse will not be declared until all items on the agenda have been submitted and discussed.
Impasse Procedure. Impasse may occur only as provided for in Florida Statutes 447.
Impasse Procedure. 1. Fifty (50) days prior to the termination of this agreement, the parties jointly shall notify the State Employment Relations Board (SERB) that they intend to utilize these mutually agreed upon dispute resolution procedures in lieu of the SERB procedures contained in O.R.C. 4417.14(C) (2)-(6).
2. If no agreement is reached after all the proposals have been thoroughly discussed; either party may request the services of the Federal Mediator and Conciliation Service. The mediator shall have the authority to hold bargaining sessions or conferences with the representatives of the parties.
3. Pursuant to Section 4117.14(C) and 4117.14(E) of the Ohio Revised Code, the parties have established the above mutually agreed upon negotiations and dispute resolution procedures, which supersede the procedures listed in Section 4117.14(C) (2)-(6) and any other procedures to the contrary.
Impasse Procedure. If, at the designated time for the conclusion of formal negotiations, agreement has not been reached, or at the request of either party, the provisions for handling an impasse as provided by Education Article, Title 6, Subtitle 4, of the Annotated Code of Maryland, shall apply. The impasse procedure shall be postponed upon mutual consent of both parties. In the event that the State Superintendent of Schools determines that an impasse is reached, the Association and the Board may, by mutual consent, request the assistance and advice of the State Board of Education. In the absence of such mutual consent, at the request of either party, a panel shall be named to aid in the resolution of differences. The panel shall be named as provided in Education Article, Title 6, Subtitle 4, Section 6-408(d), of the Annotated Code of Maryland. In the event that the two initial panel members cannot agree upon a third party, the third member of the panel shall be determined by:
(1) Requesting a list of nine arbitrators from the American Arbitration Association. (A list of five arbitrators may be requested in the event that there is mutual agreement to do so.)
(2) Drawing lots to determine which of the two initial panel members shall first strike a name from the list.
(3) Alternately striking names from the list until one name remains, such person to be the third panel member. All other provisions for handling an impasse as provided by Education Article, Title 6, Subtitle 4, of the Annotated Code of Maryland, shall apply.
Impasse Procedure. If the parties have not reached an agreement within forty-five (45) days following the date of their first meeting, either party may request the assistance of a mediator from the Federal Mediation and Conciliation Services (FMCS). If the parties are unable to reach an agreement with the assistance of the mediator within ninety (90) days of the first negotiation session, the parties are entitled to exercise their rights pursuant to the provisions of Ohio Revised Code Chapter 4117. Any of the timelines set forth herein may be extended by mutual agreement of the parties, which shall be in writing.