2.01 Initiation of Negotiations
(a) Professional negotiations shall be initiated in writing by the President of the ASSOCIATION to the Superintendent or by the Superintendent to the President of the ASSOCIATION. The initiating party shall include the following:
(1) Date of request
(2) Purpose of negotiations
(3) Contact person/address for negotiations
(b) If mutually agreed to by the parties, this AGREEMENT or any part thereof may be renegotiated prior to the termination date of the AGREEMENT. Negotiations shall begin within fourteen (14) calendar days of the agreement to re-negotiate on these specific items mutually agreed to reopen and shall proceed in accordance with the provisions of this Article.
(c) One hundred twenty (120) calendar days prior to the expiration of this Contract, at the request of either party, negotiations shall commence on a successor document. At that time, all matters related to wages, hours and other terms and conditions of employment shall be open for negotiations. Negotiations shall proceed in accordance with the provisions of this Article.
2.02 Professional Negotiations Meetings
(a) The parties shall meet at a time and place as determined under Section 2.01 for the first negotiations meeting.
(b) Specific written proposals shall be exchanged by the parties at the first meeting unless otherwise mutually agreed. The party requesting negotiations shall present and explain its proposals first. The other party will then present and explain its proposals. Subsequently, no new proposals shall be considered unless otherwise mutually agreed. The date, time and place for each subsequent negotiations meeting shall be determined at the end of each negotiations meeting.
2.03 Negotiation Teams
(a) Each negotiations team shall consist of no more than six (6) people. Each team may designate a spokesperson and the remaining people may act as observers or consultants‘ The observers or consultants shall not participate in the negotiation discussions unless mutually agreed upon. Formal presentations may be made by consultants upon specific items under discussion provided notice is given the day prior to the meeting naming the person who will make the presentation and the subject of same. Additional special consultants may be called upon to make formal presentations with the mutual agreement of the parties.
(a) The designated representatives of the BOARD and the ASSOCIATION agree to make available to each other, upon reasonable request and in reasonable time, all available public information pertinent to the matter or matters then under consideration.
(a) Either group shall have the right to recess for independent caucus at any time. Caucuses shall be of reasonable length.
2.06 Item Agreement
(a) The designated representatives of the BOARD and the ASSOCIATION shall determine at the initial negotiations meeting the procedures to be used for tentative item agreement.
(a) When a tentative agreement on the entire contract is reached through negotiations, the outcome will be reduced to writing signed by the spokesperson of each negotiating team and submitted to the ASSOCIATION's general membership with a recommendation for acceptance by the ASSOCIATION's bargaining team and to the BOARD with a recommendation for acceptance by its team.
(b) The ratification vote by the ASSOClATlON‘s membership shall be communicated to the BOARD by the President of the ASSOCIATION in writing. Upon receipt of written notification that the ASSOClATlON has ratified the tentative agreement, the BOARD shall meet within fourteen (14) calendar days to vote on the tentative agreement.
(c) After the AGREEMENT is fully executed by the BOARD and the ASSOCIATION, the BOARD will have it printed in sufficient quantity so that all employees in the bargaining unit, all members of the administrative staff, the ASSOCIATION, the BOARD and potential new employees will be able to receive a copy/copies. The cost of such printing will be equally shared by the BOARD and the ASSOCIATION. After the AGREEMENT is printed, the ASSOCIATION will be given suf?cient copies for its needs and for distribution to all employees in the unit. It shall be the responsibility of the ASSOCIATION to distribute the AGREEMENT to all employees employed at the time of this initial distribution. The BOARD shall be responsible for seeing that any employee hired after this distribution receives a copy.
2.08 Dispute Resolution - Mediation
(a) In the event that full tentative agreement is not reached at least sixty (60) calendar days prior to the expiration (or reopener, if applicable) date specified in the AGREEMENT, the parties mutually agree to utilize the sen/ices of a Mediator designated by the Federal Mediation and Conciliation Service. So that a Mediator can be promptly designated and be of assistance to the parties when needed, the parties will no later than seventy (70) calendar days prior to the expiration (or reopener, if applicable) date write the appropriate District Director of the Federal Mediation and Conciliation Service requesting the designation of a Mediator who could be utilized, if necessary. Either party may request the services of a Mediator at any time during the sixty (60) calendar day period prior to the expiration (or reopener, if applicable) date whether or not an impasse in negotiations exist. However, if full agreement has not been reached at least forty-five (45) calendar days before the expiration (or reopener, if applicable) date, the sen/ices of a Mediator shall be utilized.
(b) The dispute resolution procedure shall be deemed exhausted either:
(1) at the expiration of the AGREEMENT; or
(2) if the AGREEMENT is extended, when either party declares that mediation was unable to result in a settlement. In the case of a contract reopener, the dispute resolution procedures shall be deemed to be exhausted forty-five (45) calendar days after mediation sen/ices are initiated unless the parties extend this process for a longer period of time.
2.09 Waiver of ORC 4117 Fact Finding Procedures
(a) The parties expressly hereby waive any right to utilize any mediation or fact finding procedures prescribed in Chapter 4117 of the Ohio Revised Code.
2.10 Right to Strike
Nothing herein shall prohibit the ASSOCIATION from exercising its right under Section 4117.14(D) of the Ohio Revised Code, provided the ASSOCIATION has given the BOARD and the State Employee Relations Board ten (10) calendardays‘ prior notice, in writing, of its intent to strike on or after the expiration date of this Agreement. Such written notice shall contain the day and time the strike shall commence and shall othen/vise comply with the applicable provisions of the Ohio Revised Code.
2.11 Provisions Contrary To Law
(a) If any provision of this Agreement shall be found to be contrary to law by a court of competent jurisdiction, then that provision shall be deemed invalid except to the extent permitted by law, but all other provisions hereto shall continue in full force and effect for the term of the contract. The parties shall meet within thirty (30) calendar days upon request of either party to negotiate any necessary change in the Agreement relative to the affected provision. Said negotiations shall be in accordance with provisions outlined in this Article.
2.12 Change in Law During Agreement
(a) If, during the term of this AGREEMENT, there is a change in any state or federal law which would invalidate any provision of this AGREEMENT. The parties will meet to negotiate any necessary change in the Agreement relative to the affected provision within thirty (30) calendar days upon request of either party and in accordance with provisions outlined in this Article.
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