NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties. 3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement. 3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements. 3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed. 3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association. 3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A 3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following: A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and: B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law. C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law. D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses. 3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding. 3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 3 contracts
Sources: Monadnock Education Support Staff Agreement (Messa), Monadnock Education Support Staff Agreement (Messa), Monadnock Education Support Staff Agreement (Messa)
NEGOTIATION PROCEDURE. 3.1 On or before September 1
1. The District and NEA-Carlsbad are mutually committed to a non-adversarial, consensus building negotiation process. As partners in the Carlsbad Municipal School District, we believe that respect and trust are essential in achieving a common goal of providing every student with quality instruction.
2. Negotiations shall be conducted in closed sessions without interruption except in the case of an emergency.
3. Each party will have a bargaining team with mutually agreed upon numbers of members, who are representative of each respective party. Each of the parties shall notify the other of the names of their authorized representatives on the bargaining team, including their chief spokesperson and will advise one another regarding any substitutions.
4. Representatives from both the District and NEA-Carlsbad will meet prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The order to set bargaining dates and times for both negotiation teams. Both parties agree to meet at reasonable pre- established times and to bargain in good faith in order to obtain a fair and timely agreement. Bargaining sessions shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed be scheduled for up to four hours but may be extended by the partiesmutual agreement.
3.2 5. The Negotiating Committee of party requesting a caucus will stay in the Board negotiating room and the Negotiating Committee of the Association other team shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreementexit.
3.3 6. No electronic recorders will be used. Each party will take and maintain their own notes.
7. Negotiating sessions shall be scheduled in advance or as far ahead as reasonable. Any agreement unexpected change in the schedule should be reported to the other side as much in advance as possible.
8. All agreements reached as a result of negotiations, shall be reduced to writing and signed initialed by both spokespersons. All such agreements are tentative until the completion/ratification of the total contract and/or until the Articles are on the Table for consideration.
9. No press releases shall be issued unless prepared jointly by the Board and parties. If the Association. Any agreement reached which requires parties are at a declared impasse, each may release information to the expenditure of additional public funds for its implementation shall not be binding on the Board, media to that respect unless and until the necessary appropriations have been made such publicity is prohibited by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreementsmediator or fact finder.
3.4 If, after discussion of all negotiable matters, 10. In the event that both parties fail to reach an agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If shall follow the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations impasse procedures set forth in this Article III, Section 3.6, then the parties shall do the following:PEBA (10-7E-18 Impasse Resolution).
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted 11. Parties may inform their members as to the full membership progress of negotiations but specific negotiation information will be kept confidential.
12. In order for the Board to fulfill its’ strategic perspective in employee negotiations, the Board shall appoint a Board member to observe negotiations with the bargaining unit. The bargaining unit shall also appoint an observer at the discretion of the employee organization and to bargaining unit. Inasmuch as the Superintendent convenes with any committee that the Board of appoints, the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawbargaining unit may have a second observer present.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened13. Mediation Additional ground rules may be requested negotiated by either party and may involve the Board of the public employer if the mediator so choosesparties.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1
13.1 Not later than October 1st of the prior year in which preceding the expiration of this agreement is AGREEMENT, the parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15thprocedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good faith effort to reach a complete agreement, subject to ratification agreement on all matters raised by the Board either party concerning salaries and the qualified voting members fringe benefits and other conditions of the Association covered by this Agreement.
3.3 employment. Any agreement reached shall be reduced to writing and signed by the Board BOARD and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District MeetingASSOCIATION. The Board BOARD shall make a good good-faith effort to secure the funds necessary to implement said agreementsAGREEMENT. If such funds are not forthcoming, the BOARD and the ASSOCIATION shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of the AGREEMENT.
3.4 13.2 The BOARD and the ASSOCIATION may, if they so desire, utilize the services of outside consultants, and may call upon professional representatives to assist in negotiations.
13.3 If, after discussion of all negotiable mattersby December 1st, the parties fail to reach agreementagreement on any matter or matters, which are the subject of negotiation, either party may declare impasse. In the event of an impasse, a mediator shall be appointed for the rules purpose of assisting the parties in reconciling their differences and procedures for “Resolution of Disputes” as outlined resolving the controversy on terms, which are mutually acceptable.
13.4 A mediator shall be appointed by PELRB acting on its authority under RSA 273: A-12 -A. The parties shall make selections in order of preference and return the list to PELRB for appointment. The mediator shall meet with the parties or their representatives, or both, as soon as possible, either jointly or separately, and shall take such other steps, as he/she may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. If the dispute is not resolved prior to the thirty (30) days after the impasse is declared and the parties agree in advance, the mediator shall recommend terms of settlement regarding the disputed matters submitted. Said recommendations shall be followedmade within thirty (30) days of his/her appointment. Either the BOARD or the ASSOCIATION may make such findings and recommendations public if no agreement is reached within ten (10) days after their receipt from the mediator.
3.5 13.5 The cost costs for the services of the mediator and/or fact finder including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be shared equally by the Board BOARD and the AssociationASSOCIATION.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 13.1 Not later than October 1st of the prior year in which preceding the expiration of this agreement is AGREEMENT, the parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15thprocedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good faith effort to reach a complete agreement, subject to ratification agreement on all matters raised by the Board either party concerning salaries and the qualified voting members fringe benefits and other conditions of the Association covered by this Agreement.
3.3 employment. Any agreement reached shall be reduced to writing and signed by the Board BOARD and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District MeetingASSOCIATION. The Board BOARD shall make a good good-faith effort to secure the funds necessary to implement said agreementsAGREEMENT. If such funds are not forthcoming, the BOARD and the ASSOCIATION shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of the AGREEMENT.
3.4 13.2 The BOARD and the ASSOCIATION may, if they so desire, utilize the services of outside consultants, and may call upon professional representatives to assist in negotiations.
13.3 If, after discussion of all negotiable mattersby December 1st, the parties fail to reach agreementagreement on any matter or matters, which are the subject of negotiation, either party may declare impasse. In the event of an impasse, a mediator shall be appointed for the rules purpose of assisting the parties in reconciling their differences and procedures for “Resolution of Disputes” as outlined resolving the controversy on terms, which are mutually acceptable.
13.4 A mediator shall be appointed by PELRB acting on its authority under RSA 273: A-12 -A. The parties shall make selections in order of preference and return the list to PELRB for appointment. The mediator shall meet with the parties or their representatives, or both, as soon as possible, either jointly or separately, and shall take such other steps, as he/she may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. If the dispute is not resolved prior to the thirty (30) days after the impasse is declared and the parties agree in advance, the mediator shall recommend terms of settlement regarding the disputed matters submitted. Said recommendations shall be followedmade within thirty (30) days of his/her appointment. Either the BOARD or the ASSOCIATION may make such findings and recommendations public if no agreement is reached within ten (10) days after their receipt from the mediator.
3.5 13.5 The cost costs for the services of the mediator and/or fact finder including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be shared equally by the Board BOARD and the AssociationASSOCIATION.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of The Association and the prior year in which this Board agree to enter into collective negotiations over a successor agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not 273A New Hampshire Public Employee Relations Law. Not later than September 15th1st of the year preceding the expiration of this Agreement, at which time the Association parties agree to enter into negotiations, in accordance with the procedures set forth herein, in a good-faith effort to reach agreement on all matters raised by either party concerning salaries, fringe benefits, hours, terms, and other conditions of employment. Any Agreement reached shall submit its proposals, unless another date is mutually agreed to be in writing and signed by the parties.
3.2 The Negotiating Committee authorized representatives of the Board and Association. The Board shall make a good faith effort to secure the Negotiating Committee of the Association shall have authority funds necessary to reach a complete implement said agreement. If such funds are not forthcoming, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreementshall resume negotiations.
3.3 2-2.1 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement Agreement reached which requires the expenditure appropriation of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been are made by the Annual School District MeetingDistrict. The Board shall make a good faith every reasonable effort to secure the funds appropriations necessary to implement said agreements.the Agreement and the Association shall support the Board in such efforts. If such appropriations are not forthcoming, the Board and the Association shall reenter negotiations, in accordance with the provisions of RSA 273-A.
3.4 2-2.2 During such negotiations, the Board and the Association will present relevant data, exchange points of view, make proposals, and counter proposals. The Board will make available to the Association for inspection, all pertinent, non-confidential records, data, and information of the District. Either party may, if they do desire, utilize the services of outside consultants and may call upon professional representative to assist in the negotiations. If, after discussion of all negotiable mattersby November 15th, the parties fail to reach agreementagreement on any particular matter or matters which are the subject of negotiations, either party may declare an impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall An impasse may also be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expensesdeclared before November 15th, if any, will be shared equally mutually agreed by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is A. The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. The N.J.S.A. 34:13A-5.1 et. seq., in a good faith effort to reach agreement on all matters concerning the terms and conditions of employees' employment. Such negotiations shall begin on a date mutually agreed upon by both parties no sooner than December 1. Any agreement so negotiated, shall meet not later than September 15thapply to all employees, at which time be reduced to writing, and be signed by the Board of Education and the Association shall submit its proposals, unless another date is mutually agreed to after ratification by the partiesAssociation and the Board of Education.
3.2 The Negotiating Committee of B. During the negotiations, the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreementpresent relevant data, subject to ratification by the Board present points of view and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing make proposals and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meetingcounterproposals. The Board shall make a good faith effort available to secure the funds necessary to implement said agreements.
3.4 IfAssociation for inspection all pertinent records, after discussion data and information of all negotiable mattersthe Cranford School District, except confidential information. As soon as it is available, the parties fail to reach agreement, either party may declare impasse. In Board shall provide the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost Association with a complete tentative line budget for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawnext fiscal year.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other partyother. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations. Nothing herein shall be construed as a delegation of authority of the Board of Education to its representatives. All meetings between the parties shall be scheduled to take place when people employed in their respective units are free from assigned responsibilities and duties unless otherwise agreed.
D. 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 employment benefit existing prior to the effective date of this Agreement.
E. 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 material, whether or not covered by this Agreement and whether or not the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
F. 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.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is 12.1 The parties agree to expire either party may initiate enter into collective negotiations over a successor AGREEMENT in accordance with RSA 273:A. The parties shall meet not -A Statutes of New Hampshire. Not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee October 4th of the Board and year preceding the Negotiating Committee expiration of this AGREEMENT, the Association shall have authority parties agree to enter into negotiations, in accordance with procedures set forth herein, in a good faith effort to reach a complete agreement, subject to ratification agreement on all matters raised by the Board either party concerning salaries and the qualified voting members fringe benefits and other conditions of the Association covered by this Agreement.
3.3 employment. Any agreement reached shall be reduced to writing and signed by the Board BOARD and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District MeetingASSOCIATION. The Board BOARD shall make a good good-faith effort to secure the funds necessary to implement said agreementsAGREEMENT. If such funds are not forthcoming, the BOARD and the ASSOCIATION shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of the AGREEMENT.
3.4 If12.2 The BOARD and the ASSOCIATION may, if they so desire, utilize the services of outside consultants, and may call upon professional representatives to assist in negotiations.
12.3 The BOARD and ASSOCIATION will find a mutually agreed upon mediator. The mediator shall meet with the parties or their representatives, or both, as soon as possible, either jointly or separately, and shall take such other steps, as he/she may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. If the dispute is not resolved prior to the thirty (30) days after discussion of all negotiable mattersthe impasse is declared and the parties agree in advance, the parties fail to reach agreement, either party may declare impassemediator shall recommend terms of settlement regarding the disputed matters submitted. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 Said recommendations shall be followedmade within thirty (30) days of his/her appointment. Either the BOARD or the ASSOCIATION may make such findings and recommendations public if no agreement is reached within ten (10) days after their receipt from the mediator.
3.5 12.4 The cost costs for the services of the mediator and/or fact finder including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be shared equally by the Board BOARD and the AssociationASSOCIATION.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On 1st In issues concerning the performance of work and its technical ar- rangements, the employee must take the matter up directly with line management. 2nd Disputes concerning pay and other terms of employment shall be settled in local negotiations. 3rd The shop ▇▇▇▇▇▇▇ and employee must be informed of who is acting as the employer’s representative in local negotiations and of what the representative’s area of responsibility and authority are if these are limited to certain subject groups regionally or before September 1 in respect of per- sonnel matters. 4th Negotiations for looking into and settling a dispute must be started without delay after a negotiation request has been presented. If the negotiations cannot be started immediately, the shop ▇▇▇▇▇▇▇ must be informed of the prior year reason for this and the time when the negotiations will be started. The negotiations must be conducted in which a businesslike manner without delaying the presentation of opinions. 5th The dispute must first be dealt with between the employer’s repre- sentative and the employee or shop ▇▇▇▇▇▇▇ concerned. In dealing with a dispute at a particular workplace, the factual circumstances of the dispute are ascertained and, to the extent possible, a position is taken and the related arguments presented concerning the disputed issue. 6th If the dispute can be resolved in this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties way, it shall meet not later than September 15th, at which time be negotiated be- tween the Association shall submit its proposals, unless another date is mutually agreed to negotiating shop ▇▇▇▇▇▇▇ and a local representative ap- pointed by the parties.
3.2 employer. Should a joint understanding fail to be reached in these negotiations or if the company does not have ne- gotiating shop stewards, the matter shall be negotiated between the chief shop ▇▇▇▇▇▇▇ and the employer’s representative. 7th If a common understanding is not reached, a memorandum must be drawn up on the negotiations between the chief shop ▇▇▇▇▇▇▇ and the employer’s representative or, in companies where there is no chief shop ▇▇▇▇▇▇▇, on the negotiations between the negotiating shop ▇▇▇▇▇▇▇ and the employer’s representative. The Negotiating Committee memorandum must be prepared without undue delay and signed in two copies, with one copy for each party. The memorandum must set forth the subject of the Board dispute with details thereof, the factual circumstances connected with the dispute as well as the positions of the parties and the Negotiating Committee arguments for them. In companies that have a chief shop stew- ard, the negotiating shop ▇▇▇▇▇▇▇ or the employer’s representative can demand the preparation of a memorandum. 8th If a common understanding is not reached locally, either of the Association shall have authority to reach a complete agreement, subject to ratification par- ties can submit the matter in dispute for settlement by the Board and contracting parties, i.e. the qualified voting members unions. 9th If the dispute concerns the termination of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure employment of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” shop ▇▇▇▇▇▇▇ as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties set out in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects local and inter-organisation negotiations must furthermore be started and carried out without ▇▇- ▇▇▇ after the neutral party’s recommendations, his/her findings and recommendations shall be submitted to grounds for the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawtermination have been contested.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 A. In accordance with State Law the parties agree to enter into negotiations in good faith effort to reach agreement concerning the terms and conditions of employment.
B. Early May of the prior last year in which of this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time contract the Association shall submit meet with the Board or its representatives to present all demands and determine the date of commencing of negotiations by the representatives.
C. During negotiations, Association representatives shall meet as requested for the purpose of clarification of financial details, contractual meaning and the matters affecting the bus drivers with Board representatives, Superintendent or the School Business Administrator.
D. Facts, opinions, proposals, unless another date is mutually agreed and counter proposals will be exchanged freely during the meeting or meetings, in an effort to by reach mutual understanding. Upon request and at reasonable times the partiesboard shall make available to the Association for inspection, all pertinent records, data, and information of the Township of Ocean Board of Education, which are within the public domain.
3.2 E. All meetings between the parties shall be regularly scheduled, whenever possible, to take place during the school year when the employees involved are free from assigned duties.
F. The Negotiating Committee of the Board and the Negotiating Committee of agrees not to negotiate with any employee organization other than the Association shall have authority as the representative pursuant to reach a complete agreementState Law, subject to ratification by for the Board and the qualified voting members duration of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by G. This Agreement incorporates the Board and entire understanding of the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding parties on the Boardmatters, unless and until the necessary appropriations which were or could have been made by the Annual School District Meetingsubject of negotiation. The Board shall make a good faith effort to secure During the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions term of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations neither party shall be submitted required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not within the full membership knowledge or contemplation of either or both of the employee organization and to parties at the Board of the public employer, which shall vote to accept time they negotiated or reject so much of his/her recommendations as is executed this Agreement unless otherwise permitted by lawspecified in this agreement.
C. If either the full membership H. Proposed new rules or modifications of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations existing rules governing working conditions shall be submitted to negotiated with the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawrepresentatives before they are established.
D. If I. This Agreement shall not be modified in whole or in part by the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested parties except by either party and may involve the Board of the public employer if the mediator so choosesan instrument in writing duly executed by both parties.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this A. The parties agree to enter into collective negotiations over a successor agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15thChapter 303, at which time the Association shall submit its proposalsPublic Laws of 1968, unless another date is mutually agreed as amended by Chapter 123, Public Laws of 1974: (NJSA 34:13A-1 to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority 34:13A-13) in a good-faith effort to reach a complete agreementagreement on all matters concerning the terms and conditions of teachers’ employment. Any Agreement so negotiated shall apply to all teachers, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and writing, be signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally voted upon by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article IIIB. During negotiation, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board and the Association shall present relevant data, exchange points of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawview and make proposals and counter proposals.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other party. The parties mutually pledge their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counter proposals in the course of negotiations.
D. Representatives of the Board’s and the Association’s negotiating committees shall meet upon mutual agreement for the purposes of reviewing the administration of the Agreement, and to resolve problems that may arise. These meetings are not intended to bypass the grievance or negotiation procedure.
1. Each party shall submit to the other, at least three (3) days prior to the meetings, an agenda covering matters they wish to discuss.
2. All meetings between the parties shall be scheduled, whenever possible, to take place the teachers involved are free from assigned instructional responsibilities, unless otherwise agreed.
3. Should a mutually acceptable amendment to this Agreement be agreed to by the parties, it shall be reduced to writing, be signed by the Board and the Association, and be presented for ratification by the Board and the Association.
E. 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.
F. Negotiations will be conducted without the use of pressure tactics or any practice generally defined within the term ‘sanction”. During the period of negotiations that the only publicity accorded the negotiations by the parties will consist of a joint press release, or, in the event the parties are unable to agree upon wording, a joint press release stating that “No progress has been made.”
G. The parties agree to follow the procedures outlined in the Agreement, and to use no other channels to resolve any questions or proposal until the procedures within this Agreement are fully exhausted.
H. In accordance with and to the extent required by Chapter 303, Public Laws of 1968, as amended by Chapter 123, P.L. of 1974, proposed new rules or modifications of existing rules governing working conditions shall first be negotiated with the Association. Both parties to these negotiations understand that this Agreement incorporates the entire understanding between the parties on matters which were the subject of negotiations. 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.
I. 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 as established by the rules, regulations and/or policies of the Board in force on said date, 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 teacher benefit existing prior to its effective date.
Appears in 2 contracts
Sources: Professional Employees Agreement, Professional Employees Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of 2-1.1 Not later than August 1st, the prior year in which this agreement is parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15ththe procedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good-faith effort to reach a complete agreementagreement on all matters raised by either party concerning salaries, subject to ratification by the Board fringe benefits, and the qualified voting members of the Association other areas covered by this Agreement.
3.3 . Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on upon the Board, unless and until the voters have made the necessary appropriations have been made by the Annual School District Meetingappropriations. The Board shall make a good good-faith effort to secure the funds necessary to implement said agreements. If such funds are not forthcoming, the Board and the Association shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of this Agreement.
3.4 If2-1.2 The Board shall make available to the Association information which the Board is required by law to release to the general public. Either party may, after discussion if it so desires, utilize the services of all negotiable matters, outside consultants and may call upon professional representatives to assist in negotiations.
2-2.1 If by November 15th the parties fail to reach agreementagreement on any matter or matters which are the subject of negotiation, either party may declare an impasse. In the event of an impasse, either party may request the rules appointment of a mediator for the purpose of assisting them in reconciling their differences and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followedresolving the controversy on terms which are mutually acceptable.
3.5 2-2.2 The cost for parties will select a mediator from a panel presented by the services of American Arbitration Association. The mediator will meet with the parties or their representatives, or both, forth-with, either jointly or separately, and will take such other steps, as he/she may deem appropriate, in order to persuade the parties to resolve their differences and affect a mutually acceptable agreement. If the dispute is not resolved prior to December 15th, the mediator and/or shall make findings of fact finder including per diem expenses, if any, will be shared equally by and recommend terms of settlement regarding the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies disputed matters submitted to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, hishim/her findings and her. Said recommendations shall be submitted to the full membership of the employee organization advisory only and to the Board of the public employer, which shall vote to accept or reject so much be made within thirty-one (31) days of his/her recommendations as is otherwise permitted by law.
C. If either appointment. Either the full membership of the employee organization Hampton School Board or the public employer rejects the neutral party’s recommendations, his/her Association may make such findings and recommendations shall be submitted to public, if no agreement is reached within ten (10) days after their receipt from the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawmediator.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 123, Public Laws 1974, in good-faith effort to reach agreement on matters concerning the terms and conditions of employment. Such negotiations shall begin not later than October 1 of the prior calendar year preceding the calendar year in which this agreement is Agreement expires. Any Agreement so negotiated shall apply to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15thall employees, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing writing, adopted and signed by the Board and the Association. Any agreement reached which requires .
B. During negotiations, the expenditure Board and the Association shall present relevant data, exchange points of additional public funds for its implementation shall not be binding on the Board, unless view and until the necessary appropriations have been made by the Annual School District Meetingmake proposals and counter proposals. The Board shall make available to the Association for inspection the following records, data, and information of the Lodi School System: a good faith effort to secure the funds necessary to implement said agreementsbudget report, an audit report, a complete list of employees’ names, salaries, and step on guide.
3.4 If▇. ▇▇▇▇▇▇▇ party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, after discussion consider proposals, and make counter proposals in the course of all negotiable mattersnegotiations.
D. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in ARTICLE I of this Agreement, with any organization or individual other than the Association for the duration of this Agreement.
E. This agreement incorporates the entire understanding of the parties fail to reach agreement, either on all matters which were the subject of negotiation. During the term of this Agreement neither party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followedrequired 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.
3.5 F. The cost for Board and the services Association agree that all money matters to be negotiated in the new contract be resolved no later than December 31 of each year, if possible.
▇. A stenographer may be selected to keep minutes of the mediator and/or fact finder including per diem expensesproceedings, if any, will agreed by both parties; he/she shall not be considered to be part of either negotiating team and the cost of the stenographer shall be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will H. This Agreement shall not be binding on modified in whole or in part by the parties except by an instrument in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted writing duly executed by lawboth parties.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this A. The parties agree to enter into collective negotiations over a successor agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties Chapter 303, P.L. 1968, as amended by Chapter 123, P.L. 1974, in a good faith effort by both sides to reach continuing agreement not only on salaries but all other conditions of employment. Negotiations shall meet not begin no later than September 15thNovember 15. By the same date, at which time the Association shall submit its proposals, unless another date is mutually agreed agrees to by the parties.
3.2 The Negotiating Committee of present to the Board and the Negotiating Committee of the Association its proposals for its successor agreement. Any agreement so negotiated shall have authority apply to reach a complete agreement, subject to ratification by the Board and the qualified voting all members of the Association covered by this Agreement.
3.3 Any agreement reached bargaining unit and shall be reduced to writing and signed by all the parties.
B. During negotiations, the Board and the Association shall present relevant data, exchange points of view, and make proposals and counter proposals. Upon request of the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event Board will make available for inspection documents which are a matter of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawrecord.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have control over the selection of the negotiating or bargaining representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counter proposals in the course of the negotiations.
D. Except as this Agreement shall hereinafter otherwise provide, all terms and conditions of employment applicable to the effective date of this Agreement to employees covered by this Agreement shall continue to be so applicable during the term of the Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied as to eliminate, reduce, or otherwise detract from any employees’ benefits existing prior to its effective date.
E. This Agreement incorporates the entire understanding of the parties in 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. Any individual contract between the Board and an individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
F. The Board agrees not to negotiate concerning said employees in the bargaining unit, as defined in Article I of this Agreement, with any other organization than the Association for the duration of this Agreement.
G. This Agreement shall not be modified in whole or in part by the parties except by mutual agreement by an instrument in writing duly executed by both parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of 2-1.1 Not later than July 1st, the prior year in which this agreement is parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15ththe procedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good-faith effort to reach a complete agreementagreement on all matters raised by either party concerning salaries, subject to ratification by the Board fringe benefits, and the qualified voting members of the Association other areas covered by this Agreement.
3.3 . Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on upon the Board, unless and until the voters have made the necessary appropriations have been made by the Annual School District Meetingappropriations. The Board shall make a good good-faith effort to secure the funds necessary to implement said agreements. If such funds are not forthcoming, the Board and the Association shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of this Agreement.
3.4 If2-1.2 The Board shall make available to the Association information which the Board is required by law to release to the general public. Either party may, after discussion if it so desires, utilize the services of all negotiable matters, outside consultants and may call upon professional representatives to assist in negotiations.
2-2.1 If by November 1st the parties fail to reach agreementagreement on any matter or matters which are the subject of negotiation, either party may declare an impasse. In the event of an impasse, either party may request the rules appointment of a mediator for the purpose of assisting them in reconciling their differences and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followedresolving the controversy on terms which are mutually acceptable.
3.5 2-2.2 The cost for parties will select a mediator from a panel presented by the services of American Arbitration Association. The mediator will meet with the parties or their representatives, or both, forth-with, either jointly or separately, and will take such other steps, as he/she may deem appropriate, in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. If the dispute is not resolved prior to December 10th, the mediator and/or shall make findings of fact finder including per diem expenses, if any, will be shared equally by and recommend terms of settlement regarding the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies disputed matters submitted to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, hishim/her findings and her. Said recommendations shall be submitted to the full membership of the employee organization advisory only and to the Board of the public employer, which shall vote to accept or reject so much be made within thirty-one (31) days of his/her recommendations as is otherwise permitted by law.
C. If either appointment. Either the full membership of the employee organization SAU #21 Joint Board or the public employer rejects the neutral party’s recommendations, his/her Association may make such findings and recommendations shall be submitted to public, if no agreement is reached within ten (10) days after their receipt from the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawmediator.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 June 15th, of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:-A. The parties shall meet not later than September 15th, July 15th at which time the Association shall submit will present its proposals. Thereafter, unless another date is mutually agreed the parties agree to by the parties.hold a minimum of four (4) formal bargaining sessions prior to October 1st and shall thereafter continue to meet in accordance with RSA 273-A.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 -A:12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder factfinder including per diem expenses, if any, will be shared equally by the Board and the Association. In the event the parties cannot agree on a neutral party for factfinding, the New Hampshire Public Employee Labor Relations Board shall appoint the neutral party.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: Aparties.
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her the neutral party’s findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her the neutral party’s recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her the neutral party’s findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her the neutral party’s recommendations as otherwise is permitted by law.
D. If the impasse is not resolved resolved, following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact findingfactfinding.
3.9 3.8.1 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
3.8.2 The parties may, by mutual agreement, consider language changes to the agreement in the off years of the contract on non-money issues and are limited to two items per year.
Appears in 2 contracts
Sources: Tentative Agreement, Tentative Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 June 15th, of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:-A. The parties shall meet not later than September 15th, July 15th at which time the Association shall submit will present its proposals. Thereafter, the parties agree to hold a minimum of four (4) formal bargaining sessions prior to October 1stand shall thereafter continue to meet in accordance with RSA 273-A, unless another date is both parties mutually agreed agree to by the partieswaive this condition.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “"Resolution of Disputes” " as outlined under RSA 273: A-12 -A:12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association. In the event the parties cannot agree on a neutral party for fact finding, the New Hampshire Public Employee Labor Relations Board shall appoint the neutral party.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: Aparties.
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.,
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of DisputesD isputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Monadnock Education Support Staff Agreement (Messa)
NEGOTIATION PROCEDURE. 3.1 On or before September 1 Should either party to this agreement wish to inaugurate formal negotiations over changes they may wish to introduce into this agreement, it is agreed that notice of the prior year in which this agreement is request to expire either party may initiate negotiations in accordance with RSA 273:A. The parties bargain shall meet not later than September 15thbe submitted by the requesting party, and that bargaining shall commence at a mutually agreed upon time and location In any case, at which time least ninety (90) days prior to the Association shall submit its proposalsexpiration of this agreement, unless another date is mutually agreed to the parties will begin negotiations for a new agreement covering wages, hours, terms, and conditions of employment for employees within the bargaining unit covered by the partiesthis agreement.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association In any negotiations described in this Article, neither party shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass any control over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other partyparty and each party may select its representatives from within or outside the school district. It is recognized that no final contract between the parties may be executed without ratification by a majority of the Board and by a majority of the employees eligible to vote, and voting, in a properly conducted ratification vote on any and/or all negotiated proposals, but the parties mutually pledge that representative(s) selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals and make concessions in the course of negotiations or bargaining, subject only to such ultimate ratification. Employees selected by the Union as members of the bargaining team shall be paid their regular hourly rate while participating in joint negotiation sessions with the District. Unless a bargaining session is longer than a normal eight (8) hour day, no employee will be paid beyond an eight (8) hour day for negotiations sessions. The number of representatives for each bargaining team shall be mutually agreed upon prior to the beginning of bargaining. The number of representatives from either the Union or District shall be no fewer than three (3).
3.3 If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the Public Employment Relations Commission or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 123, Public Laws 1974, in good-faith effort to reach agreement on matters concerning the terms and conditions of employment. Such negotiations shall begin not later than January 1 of the prior calendar year preceding the calendar year in which this agreement is Agreement expires. Any Agreement so negotiated shall apply to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15thmembers of the Lodi Education Association, at which time the Association shall submit its proposalsbe reduced to writing, unless another date is mutually agreed to signed by the partiesmembers of the Board's negotiation team and the Association's negotiation team, and presented to the full Board and Association membership for a vote.
3.2 The Negotiating Committee of B. During negotiations, the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreementpresent relevant data, subject to ratification by the Board exchange points of view and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing make proposals and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meetingcounter proposals. The Board shall make available to the Association for inspection the following records, data, and information of the Lodi School System: a good faith effort to secure the funds necessary to implement said agreementsbudget report, an audit report, a complete list of supervisors’ names, salaries, step on guide, degree, and certification.
3.4 IfC. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, after discussion consider proposals, and make counter proposals in the course of all negotiable mattersnegotiations.
D. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in ARTICLE I of this Agreement, with any organization or individual other than the Association for the duration of this Agreement.
E. This Agreement incorporates the entire understanding of the parties fail to reach agreement, either on all matters which were the subject of negotiation. During the term of this Agreement neither party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followedrequired 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.
3.5 The cost for the services F. A stenographer may be selected to keep minutes of the mediator and/or fact finder including per diem expensesproceedings, if any, will agreed by both parties; he/she shall not be considered to be part of either negotiating team and the cost of the stenographer shall be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will G. This Agreement shall not be binding on modified in whole or in part by the parties except by an instrument in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted writing duly executed by lawboth parties.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 A. The parties agree to comply with the requirements of Chapter 303, Public Laws of 1968, in a good faith effort to reach agreement. Such negotiations shall begin not later than December 1st of the prior calendar year preceding the calendar year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, Agreement expires unless another date is mutually agreed to by the partieson another date.
3.2 The Negotiating Committee of B. During the negotiations, the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreementpresent relevant data, subject to ratification by the Board exchange points of view and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing make proposals and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meetingcounterproposals. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of available all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services public information of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Trenton Board and of Education upon request of the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then C. The first negotiation session between the parties shall do the following:
A. The appropriate party shall notify the other party be scheduled by mutual agreement within fifteen (15) calendar days of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership December 1st of the employee organization and to calendar year preceding the Board of the public employer, calendar year in which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawthis Agreement expires.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Negotiating Team Authority Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other party. The parties mutually pledge that their representatives shall be authorized to make proposals, consider proposals and make counterproposals in the course of negotiations, and to reach a tentative agreement subject to ratification by the Trenton Administrators and Supervisors Association (TASA) and the Trenton Board of Education.
1. All conditions agreed to in this Agreement shall be maintained at no less than the highest minimum standards in effect in the system at the time this Agreement is signed, provided however, that such conditions shall be improved for the benefit of administrators as required by the express provisions of this Agreement.
2. No existing Board policies, instructions or handbooks shall in any way limit the rights granted administrators in this Agreement. Any portion of the existing documents that is inconsistent with this Agreement shall be ineffective.
3. This Agreement shall not be interpreted or applied to deprive administrators or professional advantages heretofore enjoyed unless expressly stated herein.
E. Modification Understanding of Parties This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations. 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 times they negotiated or executed this Agreement. This Agreement shall not be ratified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 June 15th, of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:-A. The parties shall meet not later than September 15th, July 15th at which time the Association shall submit will present its proposals. Thereafter, unless another date is mutually agreed the parties agree to by the parties.hold a minimum of four (4) formal bargaining sessions prior to October 1st and shall thereafter continue to meet in accordance with RSA 273-A.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 -A:12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder factfinder including per diem expenses, if any, will be shared equally by the Board and the Association. In the event the parties cannot agree on a neutral party for factfinding, the New Hampshire Public Employee Labor Relations Board shall appoint the neutral party.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: Aparties.
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her the neutral party’s findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her the neutral party’s recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her the neutral party’s findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her the neutral party’s recommendations as otherwise is permitted by law.
D. If the impasse is not resolved resolved, following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact findingfactfinding.
3.9 3.8.1 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
3.8.2 The parties may, by mutual agreement, consider language changes to the agreement in the off years of the contract on non-money issues and is are[RH7] limited to two items per year.
Appears in 1 contract
Sources: Tentative Agreement
NEGOTIATION PROCEDURE. 3.1 On A. The Committee agrees to negotiate with the Association over a successor agreement concerning wages, hours, and other terms and conditions of employment.
B. If the negotiation carried out by the parties reaches an impasse, the advisory procedures set forth in the General Laws will be employed. Submission to voluntary arbitration under Section 9 of Chapter 150E is neither expressly nor implicitly included in this provision.
C. The parties acknowledge that during the negotiations that resulted in this agreement each had the unlimited right and opportunity to make demands and proposals on any subject or before September 1 matter not removed by law from the area of collective bargaining; that any such matters not covered herein have been voluntarily withdrawn as part of the prior year in which consideration for making this agreement is agreement. Therefore, both parties unqualifiedly waive the right, and each agrees with the other that neither shall be obligated to expire either party may initiate negotiations in accordance bargain collectively with RSA 273:A. The parties shall meet respect to any subject not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreementagreement, except as may be otherwise provided for in any "reopening" clause contained herein, even though said subjects may not have been within the knowledge of one or both of the parties at the time this agreement was negotiated and signed.
3.3 D. Since this agreement represents the entire understanding of the parties on all subjects covered by it, it may not be added to, deleted from or amended by anyone except the parties hereto. Before the Committee implements a change in policy which affects wages, hours, and other terms of this agreement, the Committee will notify the Association in writing.
E. Any agreement reached shall with the Committee will be reduced to writing and writing, will be signed by the Board Committee and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort will become an addendum to secure the funds necessary to implement said agreementsthis agreement.
3.4 If, after discussion of all negotiable matters, F. The Committee agrees not to negotiate with any organization other than that designated as the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures exclusive bargaining agent for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted unit pursuant to the full membership of the employee organization and general laws relating to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawcollective bargaining.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is to expire either party may initiate negotiations The parties will negotiate in accordance with RSA 273-A as that statute may be superseded or amended. In addition:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, 2.1 Any tentative agreements reached during negotiations are subject to reaching full agreement on all items and ratification by the Board and the qualified voting members full membership of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board school board and the Association. .
2.2 Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made approved by the Annual School District Meetingvote of the District. The Board shall make a good faith effort to secure the funds necessary to implement said agreements. If such funds are not forthcoming, and the District voters adopt an amount less than the budget proposed by the School Board for the administration of the school and the payment of school bills, the agreements reached by the parties shall be void and the parties shall return to negotiations within fifteen (15) days.
3.4 If, after discussion of all negotiable matters, 2.3 If the parties fail to reach agreementagreement on any matter or matters which are subject to negotiations, either party may declare an impasse. The parties will then attempt to mutually select a Mediator of their own choosing. If no agreement is reached on a Mediator, either party may request the Public Employee Labor Relations Board to appoint a Mediator for the purpose of assisting the parties in reconciling their differences and resolving the controversies on terms which are mutually acceptable.
2.4 In the event of impassean impasse still exists, the rules and parties agree to follow the procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 -A:12 Resolution of Disputes.
2.5 The costs of mediation and/or fact-finding shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his. 2009-2010 Contract Page 1 Wjp/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of hisschools/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, hismascenic/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of hisneg08/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.spring09/final/FINAL/▇▇▇▇▇▇▇▇ ▇▇ CBA 09-10 FINAL.doc
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 A. The parties agree to enter into collective negotiations of the prior year in which this a successor agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15thNJSA 34:13A et seq., at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make in a good faith effort to secure reach agreement on the funds necessary matters covered by said law, provided M.R.E.A. continues as the exclusive representative during the next succeeding academic year. Negotiations shall be pursuant to implement present policy and machinery existing, namely the Joint Board Staff Committee as enumerated in the Monmouth Regional High School Administrative Manual, except that either party shall have the right to discontinue use of said agreementspresent policy and in future negotiations either party may use a professional negotiator to act on its behalf if it so desires.
3.4 If, after discussion B. Negotiations for a successor agreement shall commence April 1 of all negotiable matters, the year in which this Agreement expires. In the event the parties fail to reach agreement, then and in that event, either party may declare impasse. In shall have available to them the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article IIINJSA 34:13A et seq., Section 3.6pertaining to mediation and if that does not succeed, then fact-finding or such other methods which are now or may be hereafter available by statute or applicable regulation of the parties Public Employment Relations Commission.
C. Except as this Agreement shall do hereinafter otherwise provide, all terms and conditions of employment as established by the following:
A. The appropriate party Rules, regulations and/or policies of the Board in force on the effective date of this Agreement to the certified employees designated in Article I, Recognition, shall notify continue to be so applicable during the other party of its intent to renegotiate the provisions term of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations . Nothing contained herein shall be submitted interpreted and/or applied so as to eliminate, reduce or otherwise detract from any teacher benefits or duties existing on the full membership date of the employee organization and to the Board signing of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawthis Agreement.
D. If The Board agrees not to negotiate concerning the impasse is not resolved following the action terms and conditions of employment of the legislative body, aforementioned certificated employees other than with the M.R.E.A. during the term of this Agreement. This Agreement shall not be construed as precluding the parties hereto from mutually amending this Agreement in writing. This Agreement incorporates the entire understanding of the parties as to negotiations shall be reopened. Mediation between them for the period of this Agreement.
E. It is understood and agreed that every part of this Agreement may be requested by either party and may involve opened for renegotiation in connection with a successor Agreement for the Board of the public employer if the mediator so choosesacademic year 2010- 2011.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of 2-1.1 Not later than July 1st August 1st, the prior year in which this agreement is parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15ththe procedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good-faith effort to reach a complete agreementagreement on all matters raised by either party concerning salaries, subject to ratification by the Board fringe benefits, and the qualified voting members of the Association other areas covered by this Agreement.
3.3 . Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on upon the Board, unless and until the voters have made the necessary appropriations have been made by the Annual School District Meetingappropriations. The Board shall make a good good-faith effort to secure the funds necessary to implement said agreements. If such funds are not forthcoming, the Board and the Association shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of this Agreement.
3.4 If2-1.2 The Board shall make available to the Association information which the Board is required by law to release to the general public. Either party may, after discussion if it so desires, utilize the services of all negotiable matters, outside consultants and may call upon professional representatives to assist in negotiations.
2-2.1 If by November 1st 15th the parties fail to reach agreementagreement on any matter or matters which are the subject of negotiation, either party may declare an impasse. In the event of an impasse, either party may request the rules appointment of a mediator for the purpose of assisting them in reconciling their differences and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followedresolving the controversy on terms which are mutually acceptable.
3.5 2-2.2 The cost for parties will select a mediator from a panel presented by the services of American Arbitration Association. The mediator will meet with the parties or their representatives, or both, forth-with, either jointly or separately, and will take such other steps, as he/she may deem appropriate, in order to persuade the parties to resolve their differences and effect affect a mutually acceptable agreement. If the dispute is not resolved prior to December 10th 15th, the mediator and/or shall make findings of fact finder including per diem expenses, if any, will be shared equally by and recommend terms of settlement regarding the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies disputed matters submitted to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, hishim/her findings and her. Said recommendations shall be submitted to the full membership of the employee organization advisory only and to the Board of the public employer, which shall vote to accept or reject so much be made within thirty-one (31) days of his/her recommendations as is otherwise permitted by law.
C. If either appointment. Either the full membership of the employee organization SAU #21 Joint Hampton School Board or the public employer rejects the neutral party’s recommendations, his/her Association may make such findings and recommendations shall be submitted to the legislative body of the public employerpublic, which shall vote to accept or reject so much of his/her recommendations as otherwise if no agreement is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.reached within ten
Appears in 1 contract
Sources: Tentative Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 2:01 The parties agree that no earlier than December 1, but no later than February 1st of the prior contract year they will enter into collective bargaining negotiations.
2:02 A good faith effort will be employed by each party in which order to reach agreement on all matters raised by either party concerning the terms and conditions of teachers’ employment.
2:03 In the spirit of good faith negotiations, each party will mutually pledge, in writing, that their representatives (negotiators) are clothed with all necessary power and authority to make and consider proposals and counter proposals, and to reach compromises in the course of negotiations.
2:04 Furthermore, the parties accordingly agree to cooperate in arranging meetings of mutual convenience inclusive of dates, frequency, starting time and duration of each meeting.
2:05 The procedure to be employed in the conduct of the negotiating sessions will be developed by mutual agreement.
2:06 During negotiations, the District and the Association will present relevant data; exchange points of view and make proposals and counter proposals. Both parties will endeavor to be constructive in their approach to negotiations at all times.
2:07 The District agrees that it will provide the Association with copies of the tentative budget in accordance with Section 2516 of the Education Law and such other public information as is required for the administration and/or negotiation of this or any successor agreement.
2:08 If agreement is not reached by one hundred twenty (120) days prior to expire the end of the fiscal year, either party may initiate negotiations request the State Public Employment Relations Board to assist the parties in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time reaching agreement through the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee assignment of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Associationmediator. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion as a result of all negotiable matterssuch mediation assistance, the parties fail are still unable to reach agreement, it is agreed that the areas of disagreement will be stipulated and that a Fact-Finding Committee may be requested of PERB by either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followedparty.
3.5 The cost for 2:09 This Agreement may be altered, changed, added to, deleted from, or modified only through the services voluntary, mutual consent of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If a written and signed amendment to this Agreement. Before the monies to fund District adopts any changes in policy which affect salaries, wages, hours and any other terms and conditions of employment which is not covered by the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions terms of this Agreement, and:and which has not been proposed by the Association, the District will notify the Association in writing that it is considering such a change. The Association will have the right to negotiate such items with the District; provided that it files such a request with the District within seven (7) calendar days after receipt of said notice.
B. 2:10 The provisions of this Agreement will be incorporated into, and be considered a part of, the established policies of the District. All existing policies affecting salaries, wages, hours and other terms and conditions of employment will remain in force unless they are inconsistent with the terms of this Contract, in which case the terms of this agreement shall prevail. Any individual arrangement, agreement or contract hereafter executed will be expressly made subject to and consistent with the terms of this or subsequent agreements to be executed by the parties. If either negotiating team rejects an individual arrangement, agreement or contract contains any language inconsistent with this Agreement, this Agreement during its duration, will be controlling.
2:11 If any provisions of this Agreement or any application of the neutral party’s recommendations, his/her findings and recommendations Agreement shall be submitted found contrary to law, then such provision or application will not be deemed valid and subsisting, except to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise extent permitted by law. All other provisions and applications will continue in full force and effect.
C. If either 2:12 The District will provide a copy of this Agreement to each teacher employed in the full membership Utica City School District schools within four (4) weeks after the signing of the employee organization Agreement or upon commencement of employment, if such occurs later. Furthermore, as this is an agreement entered into by both parties, the public employer rejects Association will assume half of all expenses resulting from the neutral party’s recommendationspreparation, his/her findings production and recommendations shall be submitted to distribution of copies.
2:13 In the legislative body event negotiations are scheduled by mutual agreement during working hours, members of the public employer, which Association’s negotiating committee shall vote suffer no loss in pay nor be required to accept use personal or reject so much of his/her recommendations as otherwise is permitted by lawother leave.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 Not later than October 15th of the prior year in which preceding the expiration of this agreement is agreement, the parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15ththe procedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good faith effort to reach a complete agreementagreement on all matters raised by either party concerning salaries, subject to ratification by the Board fringe benefits and the qualified voting members of the Association other areas covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Associationagreement. Any agreement reached which requires the expenditure expenditures of additional public funds for its implementation shall not be binding on upon the Board, unless and until the necessary appropriations have been made by the Annual School District Meetingvoters. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 . If such funds are not forthcoming, the Board and the Organization shall resume negotiations regarding the matters affected, thereby, in accordance with the provisions of this agreement. 2-1.1 The Board shall make available to the Organization information that the Board is required by law to release to the general public. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional representatives to assist in negotiations. 2-1.2 A mutually agreeable person shall serve as mediator under this agreement. If, after discussion of all negotiable mattersfor any reason, it is impossible for the named mediator to serve, the parties fail to reach agreementwill select an alternate, and if not possible, then the parties will select a mediator from a panel presented by the American Arbitration Association. The mediator will meet with the parties, or their representatives, or both, forthwith, either party jointly or separately, and will take such other steps as s/he may declare impassedeem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. In If the event of impassedispute is not resolved prior to February 15th, the rules mediator shall recommend terms of settlement regarding the disputed matters submitted to him/her. Said recommendations will be advisory only and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 made within thirty (30) days of his/her appointment. Either the Board or the Organization may make such findings and recommendations public if no agreement is reached within ten (10) days after their receipt from the mediator. 2-2.2 The cost costs for the services of the mediator and/or fact finder mediator, including per diem expenses, if any, and actual and necessary travel, and subsistence expenses, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopenedOrganization. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.2-3.0
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. The parties shall meet not ▇▇▇-▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇. No later than September 15th1st, at which time the Association shall submit its proposals, unless another date is mutually agreed parties agree to by negotiate in accordance with the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority procedures set forth herein in a good faith effort to reach a complete agreementan agreement concerning salaries, subject to ratification by the Board fringe benefits, hours, terms, and the qualified voting members conditions of the Association covered by this Agreement.
3.3 employment. Any agreement Agreement reached shall be reduced to in writing and signed by the Board and the Association. 2-1.0 2-2.0 Any agreement Agreement reached which requires the expenditure appropriation of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been are made by the Annual School District MeetingDistrict. The Board shall make a good faith every reasonable effort to secure the funds appropriations necessary to implement said agreements.the Agreement and the Association shall support the Board in such efforts. If such appropriations are not forthcoming, the Board and the Association shall reenter negotiations, in accordance with the provisions of RSA 273-A.
3.4 2-2.1 During such negotiations, the Board and the Association will present relevant data, exchange points of view, make proposals, and counter proposals. The Board will make available to the Association for inspection, all pertinent, non-confidential records, data and information of the District. If, after discussion of all negotiable mattersby November 15th, the parties fail to reach agreementagreement on any matter or matters, which are the subject of negotiations, either party may declare an impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall An impasse may also be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expensesdeclared before November 15th, if any, will be shared equally mutually agreed to by the Board and the Association.
3.6 Determinations and/or recommendations under . In the provision event of Section 3.4 of this Article III will not be binding on an impasse, the parties in accordance with RSA 273: A
3.7 If the monies will attempt to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with reach agreement on the selection of a mediator. Failing this, either party may request appointment of a mediator by the negotiating Public Employee Labor Relations Board (PELRB). The mediator will meet with the parties or bargaining representatives their representatives, or both, either jointly or separately, and will take any other such steps as deemed appropriate in order to persuade the parties to resolve their differences and effect a mutually agreeable Agreement. The mediator will not, however, without the consent of both parties, make findings of fact. 2-4.0 If the other partymediator should be unsuccessful in resolving the differences, the parties may progress to fact finding as outlined in RSA 273-A:12.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with NJSA 34:13A-1, in a good-faith effort to reach agreement concerning the terms and conditions of unit members’ employment.
1. Such negotiations shall begin not later than February 1st of the prior calendar year preceding the calendar year in which this agreement is to expire either Agreement expires, when each party may initiate negotiations in accordance with RSA 273:A. The parties will submit its written proposal for the next Agreement. This exchange will constitute the beginning of negotiations. Formal discussions shall meet begin not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the partiesFebruary 1st.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association 2. Any Agreement so negotiated shall have authority apply to reach a complete agreementall unit members covered by this Agreement, shall be reduced to writing, shall be subject to ratification by the Board Association and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally executed by the Board and the Association.
3.6 Determinations and/or recommendations under B. Either party retains the provision of Section 3.4 of this Article III will not right to professional or lay counsel to be binding on present at the parties session(s) to take part in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then deliberations. All meetings between the parties shall do be regularly scheduled, whenever possible, to take place when the following:unit members involved are free from assigned instructional responsibilities, unless otherwise agreed.
A. C. During negotiations, the Board and the Association shall present data, exchange points of view, and make proposals and counterproposals. The appropriate party shall notify Board agrees, subject to reasonable request, to provide the other party of its intent Association with information which is in the public domain.
D. The Board agrees not to renegotiate negotiate concerning said unit members in the provisions negotiating unit, as defined in the Recognition Section of this Agreement, and:with any unit member organization other than the Association for the duration of this Agreement.
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings E. Proposed new rules or modifications of existing rules governing terms and recommendations conditions of employment shall be submitted negotiated with the majority representative before they are implemented.
F. Except as this Agreement shall otherwise contain, established past practices under this contract providing benefits shall continue in effect during the term of this Agreement.
G. Should a mutually perceived problem arise requiring a negotiated change or alteration in the contractual provisions, then a mutually acceptable amendment to the full membership Agreement shall be negotiated by the parties; it shall be reduced to writing, shall be signed by the Board and the Association, and shall be adopted by the Board and ratified by the Association.
H. This Agreement incorporates the entire understanding of the employee organization parties and to shall not be modified in whole or in part by the Board of the public employerparties except by an instrument, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted in writing, duly executed by lawboth parties.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September A. It is contemplated that terms and conditions of employment as defined by the Public Employment Relations Board (PERB) provided in this Agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public education process, it is likewise recognized that matters may from time to time arise which are of vital mutual concern to the parties. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly agree to cooperate in arranging meetings, furnishing information, and otherwise constructively considering and resolving any such matters.
B. By no later than March 1 of the prior last year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matterscurrent contract, the parties fail to reach will enter into good faith negotiations over a successor agreement. If such an agreement is not concluded by May 1, either party may declare impasserequest the use of mediation. The parties will seek a mutually acceptable mediator and will obtain a commitment from said mediator to serve. In the event case of impassemediation by a private person, the rules and procedures for “Resolution costs of Disputes” as outlined under RSA 273: A-12 such mediator shall be followed.
3.5 The cost for borne by the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by school district. If the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding Association are unable to agree on a mediator or are unable to obtain such commitment, the parties in accordance with RSA 273: A
3.7 may request the State Public Employment Relations Board to assist. If the monies to fund the economic provisions are parties retain a private mediator and have not appropriated as provided in this Article IIIreached agreement by June 1, Section 3.3 and/or if either party rejects may request the recommendations set forth in this Article III, Section 3.6, then State Public Employment Relations Board to assist the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate reach agreement. Such mediation and fact finding will be governed by the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership Section 209 of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawCivil Service Law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened▇. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither ▇▇▇▇▇▇▇ party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other partyparty and each party may select its representatives from within or without the school district. While no final agreement shall be executed without final ratification by the Association and the Board, the parties mutually pledge that their representatives consider proposals, and reach compromises in the course of negotiations.
D. Ground Rules and Negotiating
1. Date, time and place for meetings should be agreeable to both negotiating teams:
a. Meetings shall be closed and private.
b. Meetings should not be the same night as regular school board meetings.
c. At close of meetings, date, time, place and purpose of the next meeting should be set.
d. In the event of postponement, it is the duty of the postponing team to reschedule the meeting within the ensuing week. Arrangements for postponing and rescheduling of the meeting shall be through the respective spokesmen.
2. Establish effective authority of both negotiating teams to reach agreement:
a. Members of both teams should remain the same for the full period of negotiations. One alternate will be acceptable as a member of the team in extenuating circumstances.
b. Each team will notify the other of the names of its members and spokesmen.
c. Communications between the two teams will be through the Board member negotiators and the Association spokesmen.
d. Members of both teams are understood to have powers to negotiate, in the fullest sense of the word. Powers shall be interpreted to mean that members of both teams may make decisions on issues which arise at negotiating meetings. Items agreed to may be reconsidered by mutual agreement,
3. Agreement between the two teams as to negotiating procedures.
a. Both parties reserve rights to use experts and consultants to speak only at the discretion of the spokesman or as spokesman.
b. Both parties reserve the right to recess for a reasonable length of time,
c. Both parties agree to a 2H hour time limit for a negotiations meeting.
Appears in 1 contract
Sources: Memorandum of Agreement (Moa)
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is A. The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. The Chapter 123, Public Laws of 1975 in a good-faith effort to reach agreement on all matters concerning the terms and conditions of employment. Such negotiations shall begin on or before the date established by PERC and by mutual agreement between the parties of this contract. Any agreement so negotiated shall meet not later than September 15thapply to employees, at which time the Association shall submit its proposalsas indicated in each clause, unless another date is mutually agreed be reduced to writing, be signed by the partiesBoard and Association, and be adopted by the Board.
3.2 The Negotiating Committee of B. During negotiations, the Board and the Negotiating Committee Association shall present relevant data, exchange points of view, and make proposals. In support of such negotiations, the Board shall make available to the Association, upon written request, all information in the public domain.
C. Neither party in any negotiations shall have any control over the selection of the Association negotiating representatives of the other party. The parties mutually pledge their representatives shall have be clothed with all necessary power and authority to reach make proposals, consider proposals, and make counterproposals in the course of negotiations.
D. Should a complete agreement, subject mutually acceptable amendment to ratification this Agreement be negotiated by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached parties, it shall be reduced to writing and writing, be signed by the Board and the Association. Any agreement reached which requires , and be adopted by the expenditure Board.
E. Except as this Agreement shall hereinafter otherwise provide, all terms and conditions of additional public funds for its implementation shall not be binding employment applicable to employees on the Board, unless and until the necessary appropriations have been made effective date of this Agreement as established by the Annual School District Meeting. rules, regulations, and/or policies of the Board in force on said date, shall continue to be so applicable during the terms of this Agreement.
F. The Board shall make a good faith effort agrees not to secure negotiate concerning said employee in the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impassenegotiating unit as defined in paragraph 1. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:with any other organization other than the Association for the duration of this Agreement.
B. If either negotiating team rejects G. It is understood by all parties that under the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership rulings of the employee organization Courts of New Jersey and to the State Commissioner of Education, the Board of the public employer, which shall vote Education is forbidden to accept waive any rights or reject so much of his/her recommendations as is otherwise permitted powers granted it by law.
C. If either H. The parties agree to follow the full membership of procedures outlined in the employee organization Agreement, and to use no other channels to resolve any questions or proposal until the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawprocedures within this Agreement are fully exhausted.
D. If I. This Agreement shall not be modified in whole or in part by the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested parties except by either party and may involve the Board of the public employer if the mediator so choosesan instrument in writing duly executed by both parties.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 5.01 During the negotiation, the Board of Trustees and the prior year Northampton Association of School Employees, Unit D will present relevant data, exchange points of views, and make proposals and counter proposals. The Board will make available to the Association for inspection all pertinent public records of ▇▇▇▇▇ Vocational and Agricultural High School. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. the negotiation.
5.02 The parties shall meet acknowledge that during the negotiations that resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not later than September 15thremoved by law from the area of collective bargaining, and that the understandings and agreements arrived at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee parties after the exercise of the Board that right and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by opportunity are set forth in this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by . Therefore, the Board and the Association. Any agreement reached which requires , for the expenditure term of additional public funds for its implementation this Agreement, each unqualifiedly and voluntarily waives the right, and each agrees that the other shall not be binding on obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though the Board, unless and until the necessary appropriations subject or matter may not have been made within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. This Agreement may not be modified in whole, or in part, by the Annual School District Meetingparties except by an instrument in writing duly executed by both parties. Nothing in this Agreement which changes preexisting Board rules and policies shall operate retroactively. This Agreement constitutes the Board of Trustees' policy for the term of said Agreement and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy. The Board of Trustees shall make amend its rules and policies and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement. Nothing in this Article precludes a mutual change of policy, rules, or regulations which affects wages, hours, or working conditions. Any such agreement reached subsequent to the execution of this contract will be reduced to writing, signed by both parties, and become an amendment to this Agreement.
5.03 If any agreement is reached, it will be presented to the Board of Trustees as a joint recommendation of the Superintendent/Director and the Northampton Association of School Employees, Unit D if the matter is one upon which Board action is necessary. If the Board disagrees with such joint recommendation, it will not reject it without further negotiation with the Northampton Association of School Employees, Unit D in a good faith effort to secure resolve the funds necessary to implement said agreementsdisagreement.
3.4 If, after discussion 5.04 For the duration of all negotiable mattersthis contract, the parties fail to reach agreementBoard shall make no change in policy which affects wages, either party may declare impasse. In hours, and other conditions of employment without negotiating such change with the event Northampton Association of impasseSchool Employees, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.Unit D.
3.5 The cost for the services 5.05 Representatives of the mediator and/or fact finder including per diem expensesNorthampton Association of School Employees, if anydesignated in advance to the administration, will be shared equally by notified of all Board of Trustees meetings at the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted time such notification is given to the full membership Trustees and will be provided with copies of the employee organization and agenda. In addition, the Association representatives will receive copies of all materials provided to the Board Trustees in advance of the public employermeeting, which shall vote including but not limited to, minutes subject to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. approval, but excluding confidential material, including, but not limited to materials relating to any executive session. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted additional materials are distributed to the legislative body of Trustees at the public employeropen meeting, which shall vote copies will be provided to accept or reject so much of his/her recommendations the Association as otherwise is permitted by lawwell.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is 12.1 The parties agree to expire either party may initiate enter into collective negotiations over a successor AGREEMENT in accordance with RSA 273:A. The parties shall meet not ▇▇▇-▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇. Not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee October 4th of the Board and year preceding the Negotiating Committee expiration of this AGREEMENT, the Association shall have authority parties agree to enter into negotiations, in accordance with procedures set forth herein, in a good faith effort to reach a complete agreement, subject to ratification agreement on all matters raised by the Board either party concerning salaries and the qualified voting members fringe benefits and other conditions of the Association covered by this Agreement.
3.3 employment. Any agreement reached shall be reduced to writing and signed by the Board BOARD and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District MeetingASSOCIATION. The Board BOARD shall make a good good-faith effort to secure the funds necessary to implement said agreementsAGREEMENT. If such funds are not forthcoming, the BOARD and the ASSOCIATION shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of the AGREEMENT.
3.4 If12.2 The BOARD and the ASSOCIATION may, if they so desire, utilize the services of outside consultants, and may call upon professional representatives to assist in negotiations.
12.3 The BOARD and ASSOCIATION will find a mutually agreed upon mediator. The mediator shall meet with the parties or their representatives, or both, as soon as possible, either jointly or separately, and shall take such other steps, as he/she may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. If the dispute is not resolved prior to the thirty (30) days after discussion of all negotiable mattersthe impasse is declared and the parties agree in advance, the parties fail to reach agreement, either party may declare impassemediator shall recommend terms of settlement regarding the disputed matters submitted. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 Said recommendations shall be followedmade within thirty (30) days of his/her appointment. Either the BOARD or the ASSOCIATION may make such findings and recommendations public if no agreement is reached within ten (10) days after their receipt from the mediator.
3.5 12.4 The cost costs for the services of the mediator and/or fact finder including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be shared equally by the Board BOARD and the AssociationASSOCIATION.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is A. The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. Chapter 123,Public Laws 1974, in a good-faith effort to reach agreement on all matters concerning the terms and conditions of employees' employment. The Association will submit its total contract provisions no later than November 15 of the year preceding the expiration date of this Agreement, and the Board shall respond no later than December 5 next and negotiations shall commence no later than December 15.
B. The parties shall meet not will simultaneously exchange initial proposals on a mutually agreed upon date but no later than September 15th, at which time January 15. Such proposals shall be presented to the Association shall submit its proposals, unless another date is mutually agreed to in writing by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 December 5 as set forth above. Any agreement reached so negotiated shall apply to all employees, be reduced to writing and writing, be signed by the Board and the Association, and be adopted by the Board. Any agreement reached which requires The signature of the expenditure of additional public funds for its implementation shall not be binding Association on the Board, unless Agreement shall be pursuant to authorization received from the membership and until the necessary appropriations have Association shall notify the Board in writing when the Agreement has been made ratified by the Annual School District Meetingmembership. The Board shall make a good faith effort parties agree to secure be bound by the funds necessary to implement said agreements.
3.4 If, after discussion provisions of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution regulations of Disputes” the Public Employment Relations Commission as outlined under RSA 273: A-12 shall be followedthe same affect Negotiations Procedures.
3.5 The cost for C. After total proposals have been exchanged by the services of the mediator and/or fact finder including per diem expensesparties, if any, will be shared equally by the Board and the Association may present relevant data, exchange points of view and make counterproposals. The Board agrees to furnish to the Association, in response to requests made by the Association, public information and data concerning the Roselle Park School District, which the Association may require in connection with negotiations, to the extent that such data under Board applicable policies may be released. Nothing herein contained shall impose any obligation on the part of the Board to disclose any information which may be classified according to law as privileged and/or confidential.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened▇. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither ▇▇▇▇▇▇▇ party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other party. The parties mutually pledge that their representatives shall be clothed with any necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations. Nothing herein contained shall be construed as a delegation of the authority of the Board.
E. It is understood by all parties that the Board and the Association expressly agree that negotiations will be conducted without the use of pressure tactics. The parties also agree that during the period of negotiations the only publicity accorded the negotiation by the parties will consist of a joint press release, or, in the event the parties are unable to agree upon wording, a joint press release stating that "no progress has been made," unless an impasse has been declared to exist to which both parties agree. This does not preclude both parties reporting back to their respective memberships.
F. 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.
G. The minutes of the negotiation session shall be approved by the Association and Board negotiations committees and shall be signed by duly authorized representatives of each negotiating committee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On A. Upon written request of either party for a meeting to open negotiations for a successor agreement, a mutually acceptable meeting date shall be set not more than fifteen (15) days following such a request. In any given year, such request shall be made on or before September 1 February 5th. All initial issues proposed for discussion shall be submitted in writing by the party requesting reopening of negotiations. The second party shall submit, in writing to the representative of the prior year first party, all additional issues upon which it wishes to negotiate no later than ten (10) days after the request to re-open has been made. All initial issues may be written in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. conceptual form. The parties shall meet not later than September 15thexchange any additional proposed modifications, changes or new proposals at which time the Association initial meeting. After this exchange, no new proposals may be added without the expressed consent of the other party. The second meeting and all necessary subsequent meetings shall submit its proposals, unless another date is be called at times mutually agreed to by the parties.
3.2 . Meetings shall not exceed four hours unless mutually agreed by the parties. The Negotiating Committee designated representative(s) of the Board shall meet at such mutually agreed upon places and the Negotiating Committee times with representatives of the Association shall for the purpose of effecting a free exchange of facts, opinions, proposals and counter-proposals in an effort to reach mutual understanding and agreement. The parties agree that their representatives will have the authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a negotiate in good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail and to reach agreement, either party may declare impassetentative agreements in the course of negotiations. In the event of impasse, either party may request the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the Public Employment Relations Board to appoint a mediator and/or fact finder including per diem expenses, if any, finder. Such mediation and fact finding will be shared equally governed by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:Section 207 of the Civil Service Law.
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of such other party and each party may select its representatives from within or outside the other partySchool District.
▇. ▇▇▇▇▇▇ party may call upon consultants to assist in preparing for negotiations and to advise them during conference sessions. The expense of such consultants shall be borne by the party requesting them.
D. The parties agree that, under normal circumstances and prior to reaching an agreement to be submitted to the Board and the Association for ratification, or prior to the publication of a fact finder's report, the proceedings of the negotiations shall not be released to the public media unless such an issuance has the prior approval of both parties.
E. When agreement is reached covering the areas under discussion, the proposed agreement shall be reduced to writing as a Memorandum of Understanding and submitted to the Association and the Board of Education for ratification. Following ratification by the parties, the terms of this Agreement shall become binding except that IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
Appears in 1 contract
Sources: Negotiated Agreement
NEGOTIATION PROCEDURE. 3.1 On or before No later than September 1 of the prior year in which preceding the expiration of this agreement is Agreement, the parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15ththe procedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good- faith effort to reach a complete agreementagreement on all matters raised by either party concerning salaries, subject to ratification by the Board fringe benefits, hours, terms, and the qualified voting members conditions of the Association covered by this Agreement.
3.3 employment. Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached reached, which requires the expenditure appropriation of additional public funds for its implementation implementation, shall not be binding on upon the BoardBoard unless, unless and until until, the necessary appropriations have been made by the Annual voters of the Rye School District MeetingDistrict. The Board and the Association shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 . If, after discussion as determined by the Board, the amounts voted at the Official School Ballot are insufficient to cover the cost items of all negotiable mattersa negotiated agreement, or if such cost items are otherwise disapproved at the Deliberative Session, the parties fail shall, within seven (7) school days of the adjournment of that meeting, reopen negotiations in an effort to reach a revised agreement, either party may declare impasse; which revised agreement does not require expenditures in excess of the amounts budgeted by the district for such purposes for the ensuing year. In 2-1.1 If the event of impassereopened negotiations do not result in a revised agreement by April 30th in any given year, the rules and procedures for “Resolution Board shall, by May 15th of Disputes” as outlined under RSA 273: A-12 that year, issue individual employment contracts. The salaries set forth in such contracts shall be followed.
3.5 determined by the Board within the amounts budgeted, in accordance with the 2015-2020 CBA salary schedule, and approved by the previous Official School Ballot. 2-1.2 The cost for individual salaries may only be changed by mutual agreement or by court order based on a finding that the Board’s allocation was an abuse of discretion. 2-1.4 The Board shall make available to the Association information that the Board is required by law to release to the general public. Either party may, if it so desires, use the services of the mediator and/or fact finder including per diem expensesoutside consultants and may call upon professional representatives to assist in negotiations. 2-1.5 Impasse, if anymediation, will and fact-finding shall be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties conducted as regulated in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
-A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.2-2.0
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before A
1. During the month of September 1 of each year that the Association is recognized, the parties will meet to establish negotiation procedures. Such procedures shall include, but not be limited to: meeting dates and times, locations, limitation on the number of team members, consultants, and/or observers, tenta- tive Agreement procedures, expense sharing of third party neutrals, and the identification of a chief spokesperson for team members. The parties may also discuss and establish other procedures.
2. The parties agree to consult in advance about the general and specific content of all press and public communications dealing with the directions and accomplishments of the prior year in which this agreement is teams that might be released from time to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties either joint- ly or independently.
3. This Agreement may be modified in whole or in part by an instrument in writing duly executed by both parties.
3.2 4. The Negotiating Committee Board of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting Education will not select unit members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds Agreement for its implementation shall not negotiating team nor will it select unit members covered by this Agree- ment to be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meetingin its negotiations group. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.B IMPASSE PROCEDURES
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, 1. Should either party may declare impasse. In the event of suggest an impasse, the rules and procedures proce- dures as provided for “Resolution in Section 6-408 of Disputes” as outlined under RSA 273: A-12 the Educa- tion Article of the Annotated Code of Maryland relat- ing to impasse shall be followed.
3.5 The cost 2. In the event that the parties are unable to agree upon a third party, the parties agree to submit their impasse to the American Arbitration Association for assistance in the selection of a third party.
3. If a panel is activated, said panel shall meet together and individually with the parties, and within 30 days render a report setting forth its recommendations for the services resolution of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by impasse. The parties agree to cooperate with the Board panel and the Associationprovide such informa- tion and assistance as it may request.
3.6 Determinations and/or recommendations under 4. The parties shall have five days to react to the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 panel’s recommendations. If the monies to fund the economic provisions are impasse is not appropriated as provided in this Article IIIthen resolved, Section 3.3 and/or if either party rejects may make the panel’s findings and recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. public. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral partypanel’s recommendations, his/her findings and recommendations shall be submitted to advisory only and not binding on either party. C
1. It is agreed and understood by the parties hereto that this Agreement represents the full membership Agreement between said parties to date on all matters negotiat- ed in accordance with Section 6-408 of the employee organization and to the Board Educa- tion Article of the public employerAnnotated Code of Maryland. Said Agreement, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted if changed by law.
C. If either the full membership action of the employee organization or the public employer rejects the neutral party’s recommendationscounty fiscal authority, his/her findings and recommendations shall be submitted to the legislative body parties following the funding of the public employerschool operating budget by said authority. If renegotiation of said Agreement is required and final ratification is agreed upon by both parties, which said final ratification will constitute final exe- cution of this Agreement. It is further understood that when ratified, this Agreement shall vote to accept or reject so much of his/her recommendations as otherwise is permitted be given full force and effect by lawsaid parties for the entire term thereof.
D. 2. If the impasse is not resolved following ▇▇▇▇▇▇▇▇▇▇ County Council, in the action exercise of its fiscal authority under the legislative bodylaw, negotiations shall be reopened. Mediation may be requested by either party and may involve reduces the budget recommendations of the Board of Education and such action makes it necessary for the public employer if Board to reduce one or more items that have been negotiat- ed, such items and all other negotiated items that are dependent upon budget funding shall be subject to renegotiation prior to the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly Board of Education render- ing the final determination as to fact finding.
3.9 Neither party all matters which have been the subject of negotiations in any negotiations shall interfere accordance with the selection impasse procedures provided for in Section 6-408 of the negotiating or bargaining representatives Education Article of the other party.Annotated Code of Maryland. GRIEVANCE PROCEDURE ARTICLE
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On A. Upon written request of either party for a meeting to open negotiations for a successor agreement, a mutually acceptable meeting date shall be set not more than 15 days following such a request. In any given year, such request shall be made on or before September 1 January 5th. All initial issues proposed for discussion shall be submitted in writing by the party requesting reopening of negotiations. The second party shall submit, in writing to the representative of the prior year first party, all additional issues upon which it wishes to negotiate no later than ten (10) days after the request to re-open has been made. All initial issues may be written in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. conceptual form. The parties shall meet not later than September 15thexchange any additional proposed modifications, changes or new proposals at which time the Association initial meeting. After this exchange, no new proposals may be added without the expressed consent of the other party. The second meeting and all necessary subsequent meetings shall submit its proposals, unless another date is be called at times mutually agreed to by the parties.
3.2 . Meetings shall not exceed four hours unless mutually agreed by the parties. The Negotiating Committee designated representative(s) of the Board shall meet at such mutually agreed upon places and the Negotiating Committee times with representatives of the Association shall for the purpose of effecting a free exchange of facts, opinions, proposals and counter-proposals in an effort to reach mutual understanding and agreement. The parties agree that their representatives will have the authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a negotiate in good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail and to reach agreement, either party may declare impassetentative agreements in the course of negotiations. In the event of impasse, either party may request the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the Public Employment Relations Board to appoint a mediator and/or fact finder including per diem expenses, if any, finder. Such mediation and fact finding will be shared equally governed by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:Section 207 of the Civil Service Law.
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of such other party and each party may select its representatives from within or outside the other partySchool District.
C. Either party may call upon consultants to assist in preparing for negotiations and to advise them during conference sessions. The expense of such consultants shall be born by the party requesting them.
D. The parties agree that, under normal circumstances and prior to reaching an agreement to be submitted to the Board and the Association for ratification, or prior to the publication of a fact finder's report, the proceedings of the negotiations shall not be released to the public media unless such an issuance has the prior approval of both parties.
E. When agreement is reached covering the areas under discussion, the proposed agreement shall be reduced to writing as a Memorandum of Understanding and submitted to the Association and the Board of Education for ratification. Following ratification by the parties, the terms of this Agreement shall become binding except that IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September A. Not later than October 1 of the prior calendar year preceding the calendar year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15thAgreement expires, at which time the Association shall submit advise the Committee in writing of its proposals, intent to enter into negotiations with the Committee over a successor Agreement. The Committee shall respond no later than November 1 and negotiations shall start no later than December 1 unless another date is mutually agreed upon by both parties. The Association and the Committee agree to meet at reasonable times and confer in good faith with respect to wages, hours, standards of productivity and performance, and other conditions of employment.
B. Any Agreement reached during such negotiations will be reduced to writing.
C. Nothing in this Agreement shall be deemed to limit any of the rights offered employees and their exclusive representative under the provisions of Chapter 150E of the General Laws of Massachusetts.
D. If negotiation meetings between the Committee and the Association are scheduled during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit their participation in such meetings. If it is necessary for a teacher to attend an arbitration hearing or fact-finding proceeding which is directly related to negotiations for a successor contract held pursuant to this Agreement during the school day, he/she will, upon five (5) days notice to his/her Principal, be released without loss of pay as necessary in order to permit attendance at such hearing or fact- finding proceeding. One (1) representative of the Association, upon twelve (12) hours' notice to his/her Principal, will be released without loss of pay in order to permit attendance at such hearing or fact-finding proceeding.
E. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion the exercise of all negotiable mattersthat right and opportunity, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations exclusively set forth in this Article IIIAgreement. Therefore, Section 3.6, then the parties shall do Committee and Association each voluntarily and unqualifiedly waive the following:
A. The appropriate party shall notify right and each agrees that the other party of its intent shall not be obligated to renegotiate the provisions of bargain collectively with respect to any subject or matter not referred to or covered by this agreement, or with respect to any subject or matter not referred to specifically or not covered in this Agreement, and:
B. If even though such subject or matter may not have been within the knowledge or contemplation of either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership or both of the employee organization and to parties at the Board of the public employer, which shall vote to accept time that they negotiated or reject so much of his/her recommendations as is otherwise permitted by lawsigned this Agreement.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is 1. The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. The parties shall meet not later than September 15thChapter 123, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee Public Laws of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make 1974 in a good faith effort to secure reach agreement on all matters concerning the funds necessary to implement said agreementsterms and conditions of teachers’ employment. Such negotiations shall begin not later than October 15th of the calendar year preceding the calendar year in which this Agreement expires.
3.4 If, after discussion of all negotiable matters2. During negotiations, the parties fail Board shall make available to reach agreementthe Association team for inspection, either party may declare impasse. In public records pertinent to the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined items under RSA 273: A-12 shall be followeddiscussion.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened3. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counter-proposals in the course of negotiations. The full Board and the Association reserve the right to ratify the contract.
4(a) The Board’s negotiating committee and the Teacher’s negotiating committees shall meet whenever mutually desirable for the purpose of reviewing the administration of the Agreement, and to resolve problems that may arise. These meetings are not intended to bypass the grievance procedure. In addition to the three Board of Education representatives, the Superintendent shall be permitted to attend any negotiations meetings.
4(b) Each party shall submit to the other, when practicable, any agenda covering matters they wish to discuss.
4(c) Should a mutually acceptable amendment to this Agreement be negotiated by the parties, it shall be reduced to writing, be signed by the representative of the Board and a representative of the Association for submissions to the Board and the Association for ratification.
5. The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in Article I of this Agreement, with any organization other than the Association for the duration of this Agreement.
6. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations. 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.
7. 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.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 Should either party to this agreement wish to inaugurate formal negotiations over changes they may wish to introduce into this agreement, it is agreed that notice of the prior year in which this agreement is request to expire either party may initiate negotiations in accordance with RSA 273:A. The parties bargain shall meet not later than September 15thbe submitted by the requesting party, and that bargaining shall commence at a mutually agreed upon time and location In any case, at which time least ninety (90) days prior to the Association shall submit its proposalsexpiration of this agreement, unless another date is mutually agreed to the parties will begin negotiations for a new agreement covering wages, hours, terms, and conditions of employment for employees within the bargaining unit covered by the partiesthis agreement.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association In any negotiations described in this Article, neither party shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass any control over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other partyparty and each party may select its representatives from within or outside the school district. It is recognized that no final contract between the parties may be executed without ratification by a majority of the Board and by a majority of the employees eligible to vote, and voting, in a properly conducted ratification vote on any and/or all negotiated proposals, but the parties mutually pledge that representative(s) selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals and make concessions in the course of negotiations or bargaining, subject only to such ultimate ratification. Employees selected by the Union as members of the bargaining team shall be paid their regular hourly rate while participating in joint negotiation sessions with the District. Unless a bargaining session is longer than a normal eight (8) hour day, no employee will be paid beyond an eight (8) hour day for negotiations sessions. The number of Union Bargaining Unit members compensated under this provision shall be limited to a maximum of four (4).
3.3 If the parties fail to reach an agreement in any such negotiations, either party may invoke the mediation machinery of the Public Employment Relations Commission or take any other lawful measures it may deem appropriate.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On 5.01 During the negotiation, the Board of Trustees and the Northampton Association of School Employees, Unit H will present relevant data, exchange points of views, and make proposals and counter proposals. The Board will make available to the Association for inspection all pertinent public records of ▇▇▇▇▇ Vocational and Agricultural High School. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiation.
5.02 The Association acknowledges that during the negotiations that resulted in this Agreement it had the unlimited right and opportunity to make demands and proposals with respect to any subject or before September 1 matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Association, for the term of this Agreement, unqualifiedly and voluntarily waives the right and agrees that the Board shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though the subject or matter may not have been within the knowledge or contemplation of either or both of the prior year parties at the time that they negotiated or signed this Agreement. This Agreement may not be modified in which this agreement is to expire either party may initiate negotiations whole, or in accordance with RSA 273:A. The parties shall meet not later than September 15thpart, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties except by an instrument in writing duly executed by both parties.
3.2 The Negotiating Committee of . Nothing in this Agreement which changes preexisting Board rules and policies shall operate retroactively. This Agreement constitutes the Board of Trustees' policy for the term of said Agreement and the Negotiating Committee Board shall carry out the commitments contained herein and give them full force and effect as Board policy. The Board of Trustees shall amend its rules and policies and take such other action as may be necessary in order to give full force and effect to the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members provisions of the Association covered by this Agreement.
3.3 . Nothing in this Article precludes a mutual change of policy, rules, or regulations, which affects wages, hours, or working conditions. Any such agreement reached shall subsequent to the execution of this contract will be reduced to writing and writing, signed by both parties, and become an amendment to this Agreement
5.03 If any agreement is reached, it will be presented to the Board of Trustees as a joint recommendation of the Superintendent and the AssociationNorthampton Association of School Employees, Unit H if the matter is one upon which Board action is necessary. Any agreement reached which requires If the expenditure Board disagrees with such joint recommendation, it will not reject it without further negotiation with the Northampton Association of additional public funds for its implementation shall not be binding on the BoardSchool Employees, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make Unit H in a good faith effort to secure resolve the funds necessary to implement said agreementsdisagreement.
3.4 If, after discussion 5.04 For the duration of all negotiable mattersthis contract, the parties fail to reach agreementBoard shall make no change, either party may declare impasse. In which affects wages, hours, and other conditions of employment without negotiating such change with the event Northampton Association of impasseSchool Employees, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.Unit H.
3.5 The cost for the services 5.05 Representatives of the mediator and/or fact finder including per diem expensesNorthampton Association of School Employees, if anydesignated in advance to the administration, will be shared equally by notified of all Board of Trustees meetings at the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted time such notification is given to the full membership Trustees and will be provided with copies of the employee organization and agenda. In addition, the Association representatives will receive copies of all materials provided to the Board Trustees in advance of the public employermeeting, which shall vote including but not limited to, minutes subject to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. approval, but excluding confidential material, including, but not limited to materials relating to any executive session. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted additional materials are distributed to the legislative body of Trustees at the public employeropen meeting, which shall vote copies will be provided to accept or reject so much of his/her recommendations the Association as otherwise is permitted by lawwell.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is A. The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. Chapter 123,Public Laws 1974, in a good-faith effort to reach agreement on all matters concerning the terms and conditions of employees' employment.
B. The parties shall meet not will simultaneously exchange initial proposals on a mutually agreed upon date but no later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 January. Any agreement reached so negotiated shall apply to all employees, be reduced to writing and writing, be signed by the Board and the Association, and be adopted by the Board. Any agreement reached which requires The signature of the expenditure of additional public funds for its implementation shall not be binding Association on the Board, unless Agreement shall be pursuant to authorization received from the membership and until the necessary appropriations have Association shall notify the Board in writing when the Agreement has been made ratified by the Annual School District Meetingmembership. The Board shall make a good faith effort parties agree to secure be bound by the funds necessary to implement said agreements.
3.4 If, after discussion provisions of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution regulations of Disputes” the Public Employment Relations Commission as outlined under RSA 273: A-12 shall be followedthe same affect Negotiations Procedures.
3.5 The cost for C. After total proposals have been exchanged by the services of the mediator and/or fact finder including per diem expensesparties, if any, will be shared equally by the Board and the Association may present relevant data, exchange points of view and make counterproposals. The Board agrees to furnish to the Association.
3.6 Determinations and/or recommendations , in response to requests made by the Association, public information and data concerning the Roselle Park School District, which the Association may require in connection with negotiations, to the extent that such data under the provision of Section 3.4 of this Article III will not Board applicable policies may be binding released. Nothing herein contained shall impose any obligation on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership part of the employee organization and Board to the Board of the public employer, disclose any information which shall vote may be classified according to accept or reject so much of his/her recommendations law as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawprivileged and/or confidential.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other party. The parties mutually pledge that their re- presentatives shall be clothed with any necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations. Nothing herein contained shall be construed as a delegation of the authority of the Board.
E. It is understood by all parties that the Board and the Association expressly agree that negotiations will be conducted without the use of pressure tactics. The parties also agree that during the period of negotiations the only publicity accorded the negotiation by the parties will consist of a joint press release, or, in the event the parties are unable to agree upon wording, a joint press release stating that "no progress has been made," unless an impasse has been declared to exist to which both parties agree. This does not preclude both parties reporting back to their respective memberships.
F. 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.
G. The minutes of the negotiation session shall be approved by the Association and Board negotiations committees and shall be signed by duly authorized representatives of each negotiating committee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 3 .1 On or before September 1 June 15th, of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:-A. The parties shall meet not later than September 15th, July 15th at which time the Association shall submit will present its proposals. Thereafter, unless another date is mutually agreed the parties agree to by the parties.hold a minimum of four (4) formal bargaining sessions prior to October 1st and shall thereafter continue to meet in accordance with RSA 273-A.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “"Resolution of Disputes” " as outlined under RSA 273: A-12 -A:12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder factfinder including per diem expenses, if any, will be shared equally by the Board and the Association. In the event the parties cannot agree on a neutral party for fact-finding, the New Hampshire Public Employee Labor Relations Board shall appoint the neutral party.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: Aparties.
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article IIIIll, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s 's recommendations, his/her the neutral party's findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her the neutral party's recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s 's recommendations, his/her the neutral party's findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her the neutral party's recommendations as otherwise is permitted by law.
D. If the impasse is not resolved resolved, following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact fact-finding.
3.9 3.8.1 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
3.8.2 The parties may, by mutual agreement, consider language changes to the agreement in the off years of the contract on non-money issues and are limited to two items per year.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September A. It is contemplated that terms and conditions of employment as defined by the Public Employment Relations Board (PERB) provided in this Agreement shall remain in effect until altered by mutual agreement in writing between the parties. Nevertheless, because of the special nature of the public education process, it is likewise recognized that matters may from time to time arise which are of vital mutual concern to the parties. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly agree to cooperate in arranging meetings, furnishing information, and otherwise constructively considering and resolving any such matters.
B. By no later than March 1 of the prior last year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matterscurrent contract, the parties fail to reach will enter into good faith negotiations over a successor agreement. If such an agreement is not concluded by May 1, either party may declare impasserequest the use of mediation. The parties will seek a mutually acceptable mediator and will obtain a commitment from said mediator to serve. In the event case of impassemediation by a private person, the rules and procedures for “Resolution costs of Disputes” as outlined under RSA 273: A-12 such mediator shall be followed.
3.5 The cost for borne by the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by school district. If the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding Association are unable to agree on a mediator or are unable to obtain such commitment, the parties in accordance with RSA 273: A
3.7 may request the State Public Employment Relations Board to assist. If the monies to fund the economic provisions are parties retain a private mediator and have not appropriated as provided in this Article IIIreached agreement by June 1, Section 3.3 and/or if either party rejects may request the recommendations set forth in this Article III, Section 3.6, then State Public Employment Relations Board to assist the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate reach agreement. Such mediation and fact- finding will be governed by the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership Section 209 of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by lawCivil Service Law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other partyparty and each party may select its representatives from within or without the school district. While no final agreement shall be executed without final ratification by the Association and the Board, the parties mutually pledge that their representatives consider proposals, and reach compromises in the course of negotiations.
D. Ground Rules and Negotiating
1. Date, time and place for meetings should be agreeable to both negotiating teams:
a. Meetings shall be closed and private.
b. Meetings should not be the same night as regular school board meetings.
c. At close of meetings, date, time, place and purpose of the next meeting should be set.
d. In the event of postponement, it is the duty of the postponing team to reschedule the meeting within the ensuing week. Arrangements for postponing and rescheduling of the meeting shall be through the respective spokesmen.
2. Establish effective authority of both negotiating teams to reach agreement:
a. Members of both teams should remain the same for the full period of negotiations. One alternate will be acceptable as a member of the team in extenuating circumstances.
b. Each team will notify the other of the names of its members and spokesmen.
c. Communications between the two teams will be through the Board member negotiators and the Association spokesmen.
d. Members of both teams are understood to have powers to negotiate, in the fullest sense of the word. Powers shall be interpreted to mean that members of both teams may make decisions on issues which arise at negotiating meetings. Items agreed to may be reconsidered by mutual agreement.
3. Agreement between the two teams as to negotiating procedures.
a. Both parties reserve rights to use experts and consultants to speak only at the discretion of the spokesman or as spokesman.
b. Both parties reserve the right to recess for a reasonable length of time.
c. Both parties agree to a 2½ hour time limit for a negotiations meeting.
4. By mutual agreement, negotiations may be reopened at any time to deal with unexpected situations.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before A
1. During the month of September 1 of each year that the Association is recognized, the parties will meet to establish negotiation procedures. Such procedures shall include, but not be limited to: meeting dates and times, locations, limitation on the number of team members, consultants, and/or observers, tenta- tive Agreement procedures, expense sharing of third party neutrals, and the identification of a chief spokesperson for team members. The parties may also discuss and establish other procedures.
2. The parties agree to consult in advance about the general and specific content of all press and public communications dealing with the directions and accomplishments of the prior year in which this agreement is teams that might be released from time to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties either joint- ly or independently.
3. This Agreement may be modified in whole or in part by an instrument in writing duly executed by both parties.
3.2 4. The Negotiating Committee Board of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting Education will not select unit members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds Agreement for its implementation shall not negotiating team nor will it select unit members covered by this Agree- ment to be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meetingin its negotiations group. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.B IMPASSE PROCEDURES
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, 1. Should either party may declare impasse. In the event of suggest an impasse, the rules and procedures proce- dures as provided for “Resolution in Section 6-408 of Disputes” as outlined under RSA 273: A-12 the Educa- tion Article of the Annotated Code of Maryland relat- ing to impasse shall be followed.
3.5 The cost 2. In the event that the parties are unable to agree upon a third party, the parties agree to submit their impasse to the American Arbitration Association for assistance in the selection of a third party.
3. If a panel is activated, said panel shall meet together and individually with the parties, and within 30 days render a report setting forth its recommendations for the services resolution of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by impasse. The parties agree to cooperate with the Board panel and the Associationprovide such informa- tion and assistance as it may request.
3.6 Determinations and/or recommendations under 4. The parties shall have five days to react to the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 panel’s recommendations. If the monies to fund the economic provisions are impasse is not appropriated as provided in this Article IIIthen resolved, Section 3.3 and/or if either party rejects may make the panel’s findings and recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. public. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral partypanel’s recommendations, his/her findings and recommendations shall be submitted to advisory only and not binding on either party. C
1. It is agreed and understood by the parties hereto that this Agreement represents the full membership Agreement between said parties to date on all matters negotiat- ed in accordance with Section 6-408 of the employee organization and to the Board Educa- tion Article of the public employerAnnotated Code of Maryland. Said Agreement, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted if changed by law.
C. If either the full membership action of the employee organization or the public employer rejects the neutral party’s recommendationscounty fiscal authority, his/her findings and recommendations shall be submitted to the legislative body parties following the funding of the public employerschool operating budget by said authority. If renegotiation of said Agreement is required and final ratification is agreed upon by both parties, which said final ratification will constitute final exe- cution of this Agreement. It is further understood that when ratified, this Agreement shall vote to accept or reject so much of his/her recommendations as otherwise is permitted be given full force and effect by lawsaid parties for the entire term thereof.
D. 2. If the impasse is not resolved following Montgomery County Council, in the action exercise of its fiscal authority under the legislative bodylaw, negotiations shall be reopened. Mediation may be requested by either party and may involve reduces the budget recommendations of the Board of Education and such action makes it necessary for the public employer if Board to reduce one or more items that have been negotiat- ed, such items and all other negotiated items that are dependent upon budget funding shall be subject to renegotiation prior to the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly Board of Education render- ing the final determination as to fact finding.
3.9 Neither party all matters which have been the subject of negotiations in any negotiations shall interfere accordance with the selection impasse procedures provided for in Section 6-408 of the negotiating or bargaining representatives Education Article of the other party.Annotated Code of Maryland. GRIEVANCE PROCEDURE ARTICLE
Appears in 1 contract
Sources: Contract Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is A. The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. The parties New Jersey Public Employer-Employee Relations Law in a good faith effort to reach agreement on all matters concerning the terms and conditions of employees' employment. Any Agreement so negotiated shall meet apply to all employees recognized in Article 1, be reduced to writing, and presented to the full Board and the Association, for consideration for final ratification.
B. Negotiations shall begin not later than September 15ththe December 1 preceding the expiration of this Agreement. Any such Agreement so negotiated shall be reduced to writing, at which time shall be submitted to the Association parties and, if accepted, shall submit its proposals, unless another date is mutually agreed be signed and adopted. Both parties retain the right to ratify or reject any tentative agreement reached by the partiesnegotiations committee.
3.2 The Negotiating Committee of C. During negotiations, the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreementpresent relevant data, subject to ratification by the Board exchange points of view and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing make proposals and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meetingcounterproposals. The Board shall make a good faith effort available to secure the funds necessary to implement said agreements.
3.4 IfAssociation for inspection all pertinent records, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules data and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services information of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the Berkeley Township School District that fall within public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawdomain.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with have any control over the selection of the negotiating or bargaining representatives of the other party. The parties mutually pledge that their representatives shall be clothed with the necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations.
E. Except as this Agreement shall hereinafter otherwise provide, proposed new rules or modifications of existing rules governing working conditions shall be negotiated with the majority representative before they are established.
F. 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.
G. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the terms of this Agreement neither party shall be required to negotiate with respect to any such matter whether or not covered by the 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.
H. 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.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of
2-1.1 Not later than August 1st, the prior year in which this agreement is parties agree to expire either party may initiate negotiations enter into negotiations, in accordance with RSA 273:A. The parties shall meet not later than September 15ththe procedures set forth herein, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority in a good-faith effort to reach a complete agreementagreement on all matters raised by either party concerning salaries, subject to ratification by the Board fringe benefits, and the qualified voting members of the Association other areas covered by this Agreement.
3.3 . Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on upon the Board, unless and until the voters have made the necessary appropriations have been made by the Annual School District Meetingappropriations. The Board shall make a good good-faith effort to secure the funds necessary to implement said agreements. If such funds are not forthcoming, the Board and the Association shall resume negotiations regarding the matters affected thereby, in accordance with the provisions of this Agreement.
3.4 If2-1.2 The Board shall make available to the Association information which the Board is required by law to release to the general public. Either party may, after discussion if it so desires, utilize the services of all negotiable matters, outside consultants and may call upon professional representatives to assist in negotiations.
2-2.1 If by November 15th the parties fail to reach agreementagreement on any matter or matters which are the subject of negotiation, either party may declare an impasse. In the event of an impasse, either party may request the rules appointment of a mediator for the purpose of assisting them in reconciling their differences and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followedresolving the controversy on terms which are mutually acceptable.
3.5 2-2.2 The cost for parties will select a mediator from a panel presented by the services of American Arbitration Association. The mediator will meet with the parties or their representatives, or both, forth-with, either jointly or separately, and will take such other steps, as he/she may deem appropriate, in order to persuade the parties to resolve their differences and affect a mutually acceptable agreement. If the dispute is not resolved prior to December 15th, the mediator and/or shall make findings of fact finder including per diem expenses, if any, will be shared equally by and recommend terms of settlement regarding the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies disputed matters submitted to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, hishim/her findings and her. Said recommendations shall be submitted to the full membership of the employee organization advisory only and to the Board of the public employer, which shall vote to accept or reject so much be made within thirty-one (31) days of his/her recommendations as is otherwise permitted by law.
C. If either appointment. Either the full membership of the employee organization Hampton School Board or the public employer rejects the neutral party’s recommendations, his/her Association may make such findings and recommendations shall be submitted to public, if no agreement is reached within ten (10) days after their receipt from the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawmediator.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 June 15th, of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:-A. The parties shall meet not later than September 15th, July 15th at which time the Association shall submit will present its proposals. Thereafter, the parties agree to hold a minimum of four (4) formal bargaining sessions prior to October 1St and shall thereafter continue to meet in accordance with RSA 273-A, unless another date is both parties mutually agreed agree to by the partieswaive this condition.
3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements.
3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “"Resolution of Disputes” " as outlined under RSA 273: A-12 -A:12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association. In the event the parties cannot agree on a neutral party for fact finding, the New Hampshire Public Employee Labor Relations Board shall appoint the neutral party.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: Aparties.
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:
B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law.
C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law.
D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.,
Appears in 1 contract
Sources: Collective Bargaining Agreement
NEGOTIATION PROCEDURE. 3.1 On or before September 1 of the prior year in which this agreement is A. The parties agree to expire either party may initiate enter into collective negotiations over a successor Agreement in accordance with RSA 273:A. The Chapter 123, Public Laws of 1975 in a good-faith effort to reach agreement on all matters concerning the terms and conditions of employment. Such negotiations shall begin on or before the date established by PERC and by mutual agreement between the parties of this contract. Any agreement so negotiated shall meet not later than September 15thapply to unit members, at which time the Association shall submit its proposalsas indicated in each clause, unless another date is mutually agreed be reduced to writing, be signed by the partiesBoard and Association, and be adopted by the Board.
3.2 The Negotiating Committee of B. During negotiations, the Board and the Negotiating Committee Association shall present relevant data, exchange points of view, and make proposals. In support of such negotiations, the Board shall make available to the Association, upon written request, all information in the public domain.
C. Neither party in any negotiations shall have any control over the selection of the Association negotiating representatives of the other party. The parties mutually pledge their representatives shall have be clothed with all necessary power and authority to reach make proposals, consider proposals, and make counterproposals in the course of negotiations.
D. Should a complete agreement, subject mutually acceptable amendment to ratification this Agreement be negotiated by the Board and the qualified voting members of the Association covered by this Agreement.
3.3 Any agreement reached parties, it shall be reduced to writing and writing, be signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not , and be binding on adopted by the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. .
E. The Board shall make a good faith effort agrees not to secure negotiate concerning said employee in the funds necessary to implement said agreements.
3.4 Ifnegotiating unit as defined in Article 1, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed.
3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association.
3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A
3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following:
A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and:with any other organization other than the Association for the duration of this Agreement.
B. If either negotiating team rejects F. It is understood by all parties that under the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership rulings of the employee organization Courts of New Jersey and to the State Commissioner of Education, the Board of the public employer, which shall vote Education is forbidden to accept waive any rights or reject so much of his/her recommendations as is otherwise permitted powers granted it by law.
C. If either G. The parties agree to follow the full membership of procedures outlined in the employee organization Agreement, and to use no other channels to resolve any questions or proposal until the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by lawprocedures within this Agreement are fully exhausted.
D. If H. This Agreement shall not be modified in whole or in part by the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested parties except by either party and may involve the Board of the public employer if the mediator so choosesan instrument in writing duly executed by both parties.
3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding.
3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement