NEGOTIATING PROCEDURE Clause Samples
The Negotiating Procedure clause outlines the formal steps and processes that parties must follow when negotiating terms or resolving disputes under an agreement. Typically, it specifies how negotiations should be initiated, the timeframes for responses, and the representatives authorized to participate. For example, it may require written notice to begin negotiations or set deadlines for reaching a resolution before escalating to mediation or litigation. This clause ensures that both parties have a clear, structured method for addressing disagreements or changes, promoting efficient communication and reducing the risk of misunderstandings.
NEGOTIATING PROCEDURE. The Board agrees to make available to the Association when available to the Board information concerning the financial resources of the District, including but not limited to: annual financial reports and audits; register of Certificated personnel; tentative budgetary requirements and allocations; agendas and minutes of Board meetings; census data; names and addresses of all certificated employees; and public information available to the Board that will assist the Association in developing intelligent, accurate, informed, and constructive programs on behalf of certificated employees and their students. The District and the Association agree to meet prior to the setting of the district budget for the ensuing year in order to provide the Association with an opportunity to provide input on budgeting priorities.
NEGOTIATING PROCEDURE. Personal matters of employment
NEGOTIATING PROCEDURE. A. Neither party in any negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party and each party may select its representatives from within or outside the School District. While no final agreement shall be executed without ratification by the Association and the Board, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiations. Both parties agree to submit the final agreement for ratification to their appropriate governing bodies. After ratification by both parties their representatives shall attach their signatures to the ratified agreement. There shall be three (3) signed copies for purposes of record, one (1) retained by the Board, one (1) by the Association, and one (1) by the superintendent.
B. If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the State Labor Mediation Board or take any other lawful measure it may deem appropriate.
C. The Principal and designated Association Building Representatives shall meet by mutual agreement for the purpose of informally reviewing the administration of the contract and to resolve problems which may arise. These meetings are not intended to by-pass the grievance procedure.
D. The parties agree to negotiate in good faith any changes in the Agreement required to comply with the No Child Left Behind Act.
NEGOTIATING PROCEDURE. 6-1 During the term of this Agreement, the Agreement may not be reopened except by mutual consent of the parties or when permitted by law or this Agreement.
6-2 The Agreement is open for negotiation during the eight months prior to the date the Agreement is scheduled to expire. While the Agreement is open, upon request by either party, the District and the Association will negotiate as provided in this Article 6-2.
NEGOTIATING PROCEDURE. A. Not later than May 1 of the calendar year in which this Agreement is subject to re-opener or expires, or on such date agreed to by both parties, the parties agree to begin negotiations in accordance with the procedures set forth herein.
B. Negotiations shall be conducted in closed session. Normally each party shall have a negotiating team of not more than six (6) members.
C. It is recognized that all agreements reached as a result of such negotiations shall be tentative until ratification by both parties is effected pursuant to the ratification procedures set forth in Board Policy H.1.
D. The parties agree to meet at reasonable times, to bargain in good faith, and to execute a written contract incorporating any agreement reached.
E. In the event the parties reach impasse, they may seek mediation assistance from the Federal Mediation and Conciliation Service.
NEGOTIATING PROCEDURE. On or before December 1, or as the parties shall otherwise determine, prior to the expiration of this Agreement, the Association shall meet with the Board in formal session to exchange all demands and to establish procedural ground rules for negotiations for a successor agreement. At the second meeting additional proposals can be made. Thereafter, no further proposals may be made. Representatives of the Board and the Association shall begin negotiations prior to or during the second week of December, or as the parties shall otherwise determine. During negotiations, the Board and the Association shall present relevant data, exchange points of view, and make proposals and counterproposals. The Board shall make available to the Association, upon reasonable request, all information which is in the public domain. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. Except as this Agreement shall hereinafter otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce, or otherwise detract from any employee benefit existing prior to its effective date. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in Article 1 of this Agreement, with any organization other than the Association for the duration of this Agreement. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the term of this Agreement neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties. If any member of the bargaining unit is required or permitted to be in attendance at a grievance or negotiations session which meets during work hours, there shall be no loss of pay suffered by said employee. In accordance with the mandates of Chapter 123, P.L. 1974, changes in ...
NEGOTIATING PROCEDURE. Either the Union or the Board may initiate negotiations by letter of submission forwarded to the other party at any time during the twelve (12) month period prior to the expiration of the Agreement. Unless the parties agree to use the FMCS IBB process, the first negotiations session shall be for the purpose of exchanging proposals and determining any ground rules deemed necessary. At any negotiation session, either party may be represented by no more than five (5) representatives, exclusive of the Union’s field representative or the attorney for the Board.
NEGOTIATING PROCEDURE. A. The SOA shall present its demands for a successor Agreement to NJIT, in writing, related to terms and conditions of employment on or before October 1, prior to the expiration of this Agreement. On or before November 1, NJIT shall meet with the SOA for the purpose of negotiating, in good faith, a mutually acceptable Agreement.
B. Should any provision in or portion of this Agreement be held unlawful and unenforceable by a court of competent jurisdiction or unenforceable by the Public Employment Relations Commission (PERC), such decision of the court/PERC shall only apply to the specific provision or portion thereof, directly specified in the decision. Upon the issuance of final determination, after any and all appeals, the parties agree immediately to meet and discuss a substitute for the invalidated provision or portion thereof.
C. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations, and shall not be changed except by an amendment mutually agreed upon between the parties in writing.
NEGOTIATING PROCEDURE. A. 1. During negotiation, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. The Committee will make available to the Association for inspection all pertinent public records of the Northampton School system. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representative to assist in the negotiation.
B. 1. If an agreement is reached, it will be presented to the Committee as a joint recommendation of the Superintendent and the Association if the matter is one upon which Committee action is necessary. If the Committee disagrees with such joint recommendation, it will not reject it without further negotiation with the Association in a good faith effort to resolve the disagreement.
NEGOTIATING PROCEDURE. A. The Association shall present to the Employer its demands in writing relating to terms and conditions of employment on or before October 1, in the year before the expiration date of this Agreement. On or before November 1 of that year, the Employer shall meet with the Association for the purpose of negotiating, in good faith, a mutually acceptable Agreement.
B. As part of the negotiations for a successor Agreement, the parties agree that the failure of the Association, in any one year or any number of consecutive years, to present a demand for the purpose of negotiations or to participate in negotiations concerning terms and conditions of employment, establishment of new work rules or modifications of existing work rules, shall not constitute a waiver of the right of the Association to perform the function of exclusive representative as constituted by the New Jersey Employer-Employee Relations Act, and as amended.