NEGOTIATIONS AND IMPASSE PROCEDURES Clause Samples
The "Negotiations and Impasse Procedures" clause establishes the process by which parties engage in discussions to resolve disputes or reach agreements, and outlines the steps to follow if negotiations fail to produce a resolution. Typically, this clause details timelines for negotiation sessions, identifies representatives, and specifies methods for handling deadlocks, such as mediation or arbitration. Its core function is to provide a structured framework for resolving disagreements, ensuring that both parties have a clear, fair process to follow and reducing the likelihood of unresolved conflicts disrupting their relationship.
NEGOTIATIONS AND IMPASSE PROCEDURES. A. The parties agree that their duly designated representatives shall negotiate in good faith with respect to terms and conditions of employment. Each party shall select its own representatives. Meetings shall be held as necessary at times and places agreed to by both parties.
1. If after a reasonable period of negotiation and within ninety (90) days before the scheduled start of the upcoming school year, the parties engaged in collective bargaining have reached impasse, either party may petition the Illinois Educational Labor Relations Board (“IELRB”) to initiate mediation or request a mediator through the Federal Mediation and Conciliation Service.
2. At any time, the parties may jointly request mediation.
3. When an impasse is declared or the Illinois Educational Labor Relations Board invokes mediation, the parties shall seek to agree upon a mediator. If the parties fail to reach such agreement within seven (7) calendar days, the parties shall select a mediator from the staff of the Federal Mediation and Conciliation Service. If the Federal Mediation and Conciliation service is unable for any reason to provide a mediator within ten (10) calendar days after being so requested, the parties shall select a mediator from a list to be supplied by the American Arbitration Association. The cost of the mediator, if any, will be shared equally by the Board and the Association.
4. Once a mediator has been appointed or selected, the mediator shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, and shall take such steps, as the mediator may deem appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator shall not, without the consent of both parties, make findings of fact or recommend terms of settlement. Any time after fifteen (15) days of mediation, either party may initiate the public posting process. The mediator may initiate the public posting process at any time fifteen (15) days after mediation commenced. Initiation of the public posting process must be filed with the IELRB and copies must be submitted to the parties the same day. Within seven (7) days after the initiation of the public posting process, each party shall submit to the mediator, the IELRB and the other party in writing the most recent offer of the party, including a cost summary. Seven (7) days after receipt of the parties’ offers, the IELRB will make the offers public.
NEGOTIATIONS AND IMPASSE PROCEDURES. 2
2.1 Procedures for Negotiations 2 2.2 Costs of Mediation 2 2.3 Work Stoppage/Good Faith 2
NEGOTIATIONS AND IMPASSE PROCEDURES. 1
2.1 Procedures for Negotiations 1 2.2 Costs of Mediation 2
2.3 Good Faith Bargaining Obligation 2 2.4 Management Rights 2 2.5 No Strike 2 2.6 Review of Memorandums of Understanding 2
NEGOTIATIONS AND IMPASSE PROCEDURES. 2
2.1 Procedures for Negotiations 2 2.2 Costs of Mediation 2
2.3 Good Faith Bargaining Obligation 2 2.4 Management Rights 2 2.5 No Strike 2
3.1 Agenda Items for Board Meetings 2 3.2 Schedule of Board Meetings 3 3.3 Copy of Board Agenda 3
3.4 Board Minutes 3
3.5 Proposals to Alter Conditions of Employment 3 3.6 Access to Public Financial Records 3
NEGOTIATIONS AND IMPASSE PROCEDURES