Midterm Bargaining Sample Clauses
The Midterm Bargaining clause establishes a process for negotiating changes to the terms and conditions of an agreement during its effective period, rather than waiting for the contract to expire. Typically, this clause outlines when and how either party can request to reopen negotiations, what subjects are eligible for discussion, and any limitations or procedures that must be followed. Its core practical function is to provide flexibility for both parties to address unforeseen issues or necessary adjustments that arise during the contract term, ensuring the agreement remains relevant and effective.
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Midterm Bargaining. A. The Board and the Association recognize that only the most extraordinary circumstances will warrant midterm negotiations and such midterm negotiations shall only be sought by either party in the utmost good faith. The Board and the Association agree to submit the issue covered by this Collective Bargaining Agreement to midterm bargaining if one of the following circumstances occur:
1. The parties mutually agree that immediate action is required due to (a) exigent circumstances that were unforeseen at the time of negotiations, or
Midterm Bargaining. If midterm bargaining is conducted, the parties shall commence negotiations with a written request. If negotiations are conducted they shall commence within twenty (20) workdays. If agreement is not reached within twenty (20) workdays of the commencement of such negotiations, the parties shall proceed with the impasse procedures set forth in Article IV, including the Association’s express reservation of its right to strike in regard to the midterm bargaining issues.
Midterm Bargaining. 1. Midterm bargaining shall be viewed by the parties as an activity necessitated under extenuating circumstances or by mutual agreement of the parties. Should compliance with a state or federally mandated or adopted action or program be highly likely to have a detrimental impact upon the District if not implemented, then the Board shall first explore, in good faith, methods of compliance which do not adversely impact Members’ wages, hours, terms and/or conditions of employment. Thereafter, if not resolved, the parties will engage in midterm bargaining in a good faith effort to reach agreement on any and all outstanding issues presented.
2. Before restructuring any school(s) as a result of state or federally mandated actions, assessments or sanctions, the Board will provide the Association with an adequate opportunity to review data and information upon which the determination to restructure is believed to be based and consider any input provided by the Association at least fourteen (14) calendar days prior to any action by the Board. To the extent that any proposed change affects wages, hours, terms and/or conditions of employment, such changes shall be subject to midterm bargaining as set forth in 3.9.1, above.
Midterm Bargaining. As used in this Article, bargaining during the term of the Agreement, otherwise referred to as “midterm bargaining” includes all aspects of negotiations from preliminary meetings on ground rules, if any, through mediation and impasse resolution processes when needed. The parties will utilize information technology and electronic resources to communicate prior to bargaining. The parties also agree to utilize available technology in the bargaining process where efficient and cost effective.
Midterm Bargaining.
Section 1: General This Article applies to bargaining during the term of the Agreement, including any rollover term. All of these rules apply unless the parties expressly agree in writing to the contrary.
Section 2: Substantive Bargaining
A. The Agency agrees that it will bargain in good faith over proposals that constitute permissive subjects of negotiation under 5 U.S.C. §7106(b)(1) so long as Executive Order No. 14003, or an Executive Order that directs agencies to bargain over permissive subjects, remains in effect.
B. In addition to paragraph A above, the Agency will bargain over any matters not covered by this Agreement to the extent required by law. Section 3: Bargaining Pursuant to 5 U.S.C. §7106(b)(2) and §7106(b)(3) Notice and Submission of Proposals Unless the parties agree otherwise, the following procedure shall be used for preparing mid-term bargaining proposals:
A. The party proposing a change in conditions of employment shall present its proposed action to the other party in writing and shall include the reasons for the action and hyperlinks to relevant statutes, regulations and other relevant supporting background materials.
B. Within 2 weeks thereafter, the parties shall meet to explain and clarify the proposals and answer questions regarding the proposals.
C. The Agency will allow up to fifty (50) employees (or 100 employees if they are only Patent Examiners) to claim up to 1 hour of duty time for each notice to POPA to meet with affected employees. The time may be used within 1 week following the clarification meeting, if one is held, or within a week following the expiration of the time for the meeting if there is no clarification meeting.
D. Within 2 weeks after the meeting with affected employees, the party not initiating the procedure shall present its counterproposals. If no meeting is held, the counterproposals are due within 4 weeks of receiving the notice of change. Counterproposals must be limited to the scope of the initial proposal. Bargaining shall begin as soon as practical (normally the first full week after the counterproposals are presented). Initial proposals, which should endeavor to cover all issues to be raised in negotiations, should be submitted at one time, in writing.
E. Either party may request an extension of these deadlines. Requests for extensions will be considered on a case-by-case basis and will not be unreasonably denied.
Midterm Bargaining a. To the extent permitted by law, the Parties may reopen bargaining by proposing negotiable changes in working conditions during the term of this Agreement. Negotiable proposals concern matters not covered by this or any other agreement between the Parties. Proposals which relate to matters over which the Union has waived its right to bargain during the negotiation of this Agreement or after proper notification are inadmissible as proposals.
b. During the 18th month after agency head approval, either Party may propose no more than five (5) negotiable changes that are not covered by or explicitly addressed in this Agreement. Previously negotiated contract language or waived proposals may be reopened by mutual consent in writing.
c. The parties may conduct Midterm Bargaining at other intervals upon mutual agreement.
d. Changes negotiated to completion must be submitted for agency head review prior to taking effect pursuant to Section 55.01.
e. If either Party submits a re-opener proposal under this section, proposals must be in writing. Proposals must identify the issue and provide proposed language.
f. The Union representative are entitled to official time for bargaining sessions on a schedule that is mutually agreeable to the Parties.
Midterm Bargaining. Neither party is obligated to bargain over any matter already covered by the agreement. Where a proposed action involves a mandatory subject of bargaining and is not already provided for by the Agreement, then the Employer, prior to making such change, shall inform the Union of said proposed change prior to the date of implementation and meet to negotiate the impact of the decision with the Union.
Midterm Bargaining. If midterm bargaining is conducted, the parties shall commence negotiations with a written request. If negotiations are conducted they shall commence within twenty
Midterm Bargaining. Section 1. During the term of this Agreement, the Parties will honor their bargaining obligations, under applicable laws, regulations, and directives of higher authority, to bargain over changes in conditions of employment. The Parties agree to bargain over proposals initiated by either Party involving conditions of employment. The Parties agree that they will not bargain over de minimis changes.
Section 2. Matters covered by this Agreement will not be subject to change, absent mutual consent of the Parties or unless permitted elsewhere in this Agreement. Matters (including LCRs) referred to or fully discussed are covered by this Agreement. Specific terms of this Agreement may be modified only by mutual consent.
Midterm Bargaining. Section A: Midterm bargaining may occur concerning implementation and impact, new matters, any re-opener clause issues as described in this agreement, or by mutual consent.
Section B: Either Management or the Union may enter into midterm bargaining by notifying the other party in writing of the desire to enter into midterm bargaining, the issue to be negotiated, and the chosen method and means for midterm bargaining. Labor shall send the notification to the Director and Management shall send the notification to the Senior Union Official.
Section C: The responding Party shall reply in writing to the initiator within 14 days by either:
(1) agreeing to midterm bargaining or
(2) setting forth reasons as to why the issue cannot be negotiated or
(3) stating that there is no material change to the contract and therefore do not wish to exercise their right to bargain.
Section D: Regardless of the source of the request for midterm bargaining, if Management is the responding party and agrees to negotiate, the response shall be provided to all Senior Union Officials representing any bargaining units along with an invitation to enter into the negotiations. Senior Union Officials shall indicate their intent to enter into the negotiations by accepting the invitation within 14 days.
Section E: If the use of midterm bargaining teams is the chosen method and means for midterm bargaining and more than one local is involved in the negotiations, then management shall appoint no more than four Management representatives and each local shall appoint two Union Representatives to form the negotiation team. The team shall create ground rules for negotiations and enter into negotiations on the identified issue.
Section F: If only one local is involved in the negotiations, then each Party shall appoint no more than two members to form the negotiation team. The team shall create ground rules for negotiations and enter into negotiations on the identified issue.
Section G: Agreements reached by the Parties on additional negotiable items in accordance with this article shall become effective on the date they are approved by the Union and Management. Such agreements shall become a part of this Agreement.
