Common use of Impasse Procedures Clause in Contracts

Impasse Procedures. 1. An impasse occurs after both parties have considered the proposals and counter proposals of the other party in good faith and when, despite such diligent efforts, no agreement can be reached on the subject being negotiated. During the course of negotiations, the respective committees shall make every good faith effort to reach agreement on all issues before invoking the following procedure. 2. If after a reasonable period of negotiation, and within ninety (90) days before the scheduled start of the upcoming school year, the parties engaged in collective bargaining have reached impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) to initiate mediation or request a mediator through the Federal Mediation and Conciliation Service. 3. When an impasse is declared, or the IELRB invokes mediation, the parties shall seek to agree upon a mediator. If the parties fail to reach agreement within seven (7) calendar days, the parties will select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a mediator within ten (10) calendar days after being so requested, the parties will select a mediator from a list to be supplied by the American Arbitration Association. 4. Once a mediator has been appointed or selected, the mediator will meet with the parties or their representatives, or both, forthwith, either jointly or separately, and will take such Levels, as the mediator may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator will not, without the consent of both parties, make findings of fact or recommend terms of a settlement. Any time after fifteen (15) days of mediation, either party or the mediator may initiate the public posting process. Initiation of the public posting process must be filed with the IELRB and copies must be submitted to the parties the same day. Within seven (7) days after the initiation of the public posting process, each party shall submit to the mediator, the IELRB and the other party in writing, the most recent offer of the party, including a cost summary. Seven (7) days after receipt of the parties’ offers, the IELRB will make the offers public. 5. The costs of any third party mutually agreed upon shall be shared equally by the parties.

Impasse Procedures. 1. An impasse occurs ‌ A. Within five days after both parties have considered the proposals and counter proposals selection of the other chairperson, the committees who have been negotiating for the District and for the Association shall meet to exchange written language on each item at impasse. B. The chairperson shall convene the committee for fact-finding. This committee shall meet with the negotiations committees of both parties. During these meetings each party in good faith and when, despite such diligent efforts, no agreement can shall be reached given the opportunity to present its case with supporting evidence. Each party may elect to invite individuals not on the subject being negotiatednegotiations committees to attend these meetings in order to supply pertinent information. During the course of negotiations, the respective committees shall make every good faith effort to reach agreement on all issues before invoking the following procedure. 2. If after a reasonable period of negotiation, and within ninety Within twenty (9020) days before after the scheduled start of the upcoming school year, the parties engaged in collective bargaining have reached impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) to initiate mediation or request a mediator through the Federal Mediation and Conciliation Service. 3. When an impasse chairperson is declared, or the IELRB invokes mediation, the parties shall seek to agree upon a mediator. If the parties fail to reach agreement within seven (7) calendar days, the parties will select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a mediator within ten (10) calendar days after being so requested, the parties will select a mediator from a list to be supplied by the American Arbitration Association. 4. Once a mediator has been appointed or selected, the mediator will meet with fact- finding committee shall present written recommendations to the parties or their representativesclerk of the Board of Education, or bothto the Superintendent, forthwith, either jointly or separately, to the President of the Association and will take such Levels, as to the mediator may deem appropriate to persuade chief negotiators for the parties to resolve their differences two parties. These recommendations shall include supporting reasons and effect a mutually acceptable agreementrationale. C. All meetings of the fact-finding committee shall be conducted in closed session. The mediator will not, without fact-finding committee may elect to invite individuals not on the consent of both parties, make findings of fact or recommend terms of a settlement. Any time after fifteen (15) days of mediation, negotiating committees to attend meetings in order to supply pertinent information. D. If either party decides it must reject one or the mediator may initiate the public posting process. Initiation more of the public posting process must be filed with the IELRB and copies must be submitted to the parties the same day. Within fact-finding committee’s recommendations, said party must, within seven (7) days after this committee has presented its recommendations, request that the initiation of negotiations committees for the public posting process, each party District and for the Association meet to try to resolve the items not agreed upon. The parties shall submit to the mediator, the IELRB and the other party in writing, the most recent offer of the party, including a cost summary. Seven meet within seven (7) days after receipt of the parties’ offersrequest, unless both parties deem it necessary. At such meeting, the IELRB will make chief negotiators shall exchange written statements expressing each party’s rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiations committees shall then resume good faith effort to resolve the offers publicremaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort. 5E. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and such agreement shall also be forwarded to the State Superintendent of Public Instruction. F. Time limits set forth herein may be extended by mutual agreement of both parties. G. The final official action on the recommendation of the fact-finding committee shall be a decision of the Board of Education. H. The procedure provided for herein for resolving impasses shall be the exclusive recourse of the Association. The costs Association shall not strike or threaten to strike as a means of any third party mutually agreed upon resolving differences with the Board of Education. Any employee engaging in a strike shall be shared equally by denied the partiesfull amount of his/her wages during the period of such refusal to work. If the Association or its members engage in a strike, then the Association shall cease to be recognized as representative of the unit and the District shall be relieved of the duty to negotiate with the Association or its representative.

Impasse Procedures. 1. An impasse occurs after both parties have considered the proposals and counter proposals of the other party in good faith and when, despite such diligent efforts, no agreement can be reached on the subject being negotiated. During the course of negotiations, the respective committees shall make every good faith effort to reach agreement on all issues before invoking the following procedure. 2. If after a reasonable period of negotiation, and within ninety (90) days before the scheduled start of the upcoming school year, the parties engaged in collective bargaining have reached impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) to initiate mediation or request a mediator through the Federal Mediation and Conciliation Service. 3. When an impasse is declared, or the IELRB invokes mediation, the parties shall seek to agree upon a mediator. If the parties fail to reach agreement such agreement, within seven (7) calendar days, the parties will select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a mediator within ten (10) calendar days after being so requested, the parties will select a mediator from a list to be supplied by the American Arbitration Association. 4. Once a mediator has been appointed or selected, the mediator will meet with the parties or their representatives, or both, forthwith, either jointly or separately, and will take such Levels, as the mediator may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator will not, without the consent of both parties, make findings of fact or recommend terms of a settlement. Any time after fifteen (15) days of mediation, either party or the mediator may initiate the public posting process. Initiation of the public posting process must be filed with the IELRB and copies must be submitted to the parties the same day. Within seven (7) days after the initiation of the public posting process, each party shall submit to the mediator, the IELRB and the other party in writing, the most recent offer of the party, including a cost summary. Seven (7) days after receipt of the parties’ offers, the IELRB will make the offers public. 5. The costs of any third party mutually agreed upon shall be shared equally by the parties.

Impasse Procedures. 1. An impasse occurs after both If the parties engaged in collective bargaining have considered the proposals and counter proposals of the other party in good faith and when, despite such diligent efforts, no not reached an agreement can be reached on the subject being negotiated. During the course of negotiations, the respective committees shall make every good faith effort to reach agreement on all issues before invoking the following procedure. 2. If after a reasonable period of negotiation, and within by ninety (90) days before the scheduled start of the upcoming forthcoming school year, the parties shall notify the Illinois Educational Labor Relations Board (IELRB) concerning the status of negotiations. (a) Upon demand of either party, collective bargaining between the employer and an exclusive bargaining representative must begin within sixty (60) days of the date of certification of the representative by the IELRB, or in the case of an existing exclusive bargaining representative, within sixty (60) days of the receipt by a party of a demand to bargain issued by the other party. Once commenced, collective bargaining must continue for at least a sixty (60) day period, unless a contract is entered into. (b) If after a reasonable period of negotiation and within forty-five (45) days of the scheduled start of the forthcoming school year the parties engaged in collective bargaining have reached an impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) IELRB to initiate mediation. Alternatively, the IELRB on its own motion may initiate mediation during this period. However, the services of the mediators shall continuously be made available to the employer and to the exclusive bargaining representative for purposes of arbitration of grievances and mediation or request a arbitration of contract disputes. If requested by the parties, the mediator through may perform fact-finding and in so doing conduct hearings and make written findings and recommendations for resolution of the dispute. Such mediation shall be provided by the IELRB and shall be held before qualified impartial individuals. Nothing prohibits the use of other individuals or organizations such as the Federal Mediation and Conciliation ServiceService or the American Arbitration Association selected by both the exclusive bargaining representative and the employer. 3. When an impasse is declared, or the IELRB invokes mediation, the parties shall seek to agree upon a mediator. (c) If the parties engaged in collective bargaining fail to reach an agreement within seven (7) calendar days, the parties will select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a mediator within ten (10) calendar days after being so requested, the parties will select a mediator from a list to be supplied by the American Arbitration Association. 4. Once a mediator has been appointed or selected, the mediator will meet with the parties or their representatives, or both, forthwith, either jointly or separately, and will take such Levels, as the mediator may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator will not, without the consent of both parties, make findings of fact or recommend terms of a settlement. Any time after fifteen (15) days of mediation, either party or the mediator may initiate the public posting process. Initiation scheduled start of the public posting process must be filed with forthcoming school year the IELRB and copies must shall be submitted to the parties the same day. Within seven (7) days after the initiation of the public posting process, each party shall submit to the mediator, the IELRB and the other party in writing, the most recent offer of the party, including a cost summary. Seven (7) days after receipt of the parties’ offers, the IELRB will make the offers publicnotified. 5. (d) The costs of any third party mutually agreed upon fact-finding and mediation shall be shared equally by between the partiesemployer and the exclusive bargaining agent. (e) Nothing in this Act prevents an employer and an exclusive bargaining representative from mutually submitting to final and binding impartial arbitration unresolved issues concerning the terms of a new collective bargaining agreement.

Impasse Procedures. 1. An impasse occurs after both If the parties engaged in collective bargaining have considered the proposals and counter proposals of the other party in good faith and when, despite such diligent efforts, no not reached an agreement can be reached on the subject being negotiated. During the course of negotiations, the respective committees shall make every good faith effort to reach agreement on all issues before invoking the following procedure. 2. If after a reasonable period of negotiation, and within by ninety (90) days before the scheduled start of the upcoming forthcoming school year, the parties shall notify the Illinois Educational Labor Relations Board (IELRB) concerning the status of negotiations. a Upon demand of either party, collective bargaining between the employer and an exclusive bargaining representative must begin within sixty (60) days of the date of certification of the representative by the IELRB, or in the case of an existing exclusive bargaining representative, within sixty (60) days of the receipt by a party of a demand to bargain issued by the other party. Once commenced, collective bargaining must continue for at least a sixty (60) day period, unless a contract is entered into. b If after a reasonable period of negotiation and within forty-five (45) days of the scheduled start of the forthcoming school year the parties engaged in collective bargaining have reached an impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) IELRB to initiate mediation. Alternatively, the IELRB on its own motion may initiate mediation during this period. However, the services of the mediators shall continuously be made available to the employer and to the exclusive bargaining representative for purposes of arbitration of grievances and mediation or request a arbitration of contract disputes. If requested by the parties, the mediator through may perform fact-finding and in so doing conduct hearings and make written findings and recommendations for resolution of the dispute. Such mediation shall be provided by the IELRB and shall be held before qualified impartial individuals. Nothing prohibits the use of other individuals or organizations such as the Federal Mediation and Conciliation Service. 3. When an impasse is declared, Service or the IELRB invokes mediation, American Arbitration Association selected by both the parties shall seek to agree upon a mediatorexclusive bargaining representative and the employer. c If the parties engaged in collective bargaining fail to reach an agreement within seven (7) calendar days, the parties will select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a mediator within ten (10) calendar days after being so requested, the parties will select a mediator from a list to be supplied by the American Arbitration Association. 4. Once a mediator has been appointed or selected, the mediator will meet with the parties or their representatives, or both, forthwith, either jointly or separately, and will take such Levels, as the mediator may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator will not, without the consent of both parties, make findings of fact or recommend terms of a settlement. Any time after fifteen (15) days of mediation, either party or the mediator may initiate the public posting process. Initiation scheduled start of the public posting process must be filed with forthcoming school year the IELRB and copies must be submitted to the parties the same day. Within seven (7) days after the initiation of the public posting process, each party shall submit to the mediator, the IELRB and the other party in writing, the most recent offer of the party, including a cost summary. Seven (7) days after receipt of the parties’ offers, the IELRB will make the offers public. 5. The costs of any third party mutually agreed upon shall be shared equally by the partiesnotified.

Impasse Procedures. 1. An A. When an impasse occurs after both parties have considered the proposals and counter proposals of the other party in good faith and whenhas been declared, despite such diligent efforts, no agreement can be reached on the subject being negotiated. During the course of negotiations, the respective committees shall make every good faith effort to reach agreement on all issues before invoking the following procedure. 2. If after a reasonable period of negotiation, and within ninety (90) days before the scheduled start of the upcoming school year, the parties engaged in collective bargaining have reached impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) to initiate mediation or request a mediator through the Federal Mediation and Conciliation Service. 3. When an impasse is declared, or the IELRB invokes mediation, Service shall be requested by the parties shall seek to agree upon a mediator. If the parties fail to reach agreement within seven (7) calendar days, the parties will select appoint a mediator from the staff of the Federal Mediation and Conciliation Serviceits staff. If the Federal Mediation and Conciliation service is unable, for any reason, to provide a The mediator within ten (10) calendar days after being so requested, the parties will select a mediator from a list to be supplied by the American Arbitration Association. 4. Once a mediator has been appointed or selected, the mediator will shall meet with the parties parties, or their representatives, or both, forthwith, either jointly or separately, and will shall take such Levels, steps as the mediator (s)he may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator will shall not, without the consent of both parties, make findings of fact or recommend terms of a settlement. Any time after fifteen If the Federal Mediation and Conciliation Service fails to appoint a mediator within three (153) days of mediation, either party or the mediator may initiate the public posting process. Initiation weeks of the public posting process must parties' request, the parties shall select a mediator from a list provided by the American Arbitration Association. Nothing contained in this Section shall preclude the parties from mutually agreeing to any other person to act as a mediator. B. If agreement cannot be filed reached through deliberations with the IELRB a mediator, and copies must be submitted if both parties shall agree in writing to the parties procedure, a fact-finder shall be selected by the same dayAmerican Arbitration Association (AAA) in accordance with its rules. Within seven The fact-finder shall, within ten (710) days after being selected, meet with the initiation parties or their representatives, or both, either jointly or separately, make inquiries and investigations and hold hearings. The Board and the Association shall furnish the fact-finder, upon 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 settled prior thereto, the fact-finder shall within thirty (30) days after his/her selection, make findings of fact and recommend terms of settlement, which terms shall be advisory only. Any findings of fact and recommended terms of settlement shall be submitted in writing to the parties. Within ten (10) days from receipt of the public posting processrecommended terms of settlement, each party shall submit to must notify the mediatorfact-finder, the IELRB and the other party in writing, of its decision to accept or reject the most recent offer recommendations of the partyfact-finder for settlement. If the written terms of settlement are not accepted, including a cost summarythe reasons for non-acceptance must be included in the response. Seven If no agreement is reached within ten (710) days after from receipt of the parties’ offerswritten report, the IELRB will make responses shall be added to the offers publicwritten report and copies shall be released to the public by the fact-finder. 5. C. The costs of any third party mutually agreed upon for the mediator or for the fact-finder (if one shall be agreed to) shall be equally shared equally by the partiesBoard and the Association.