Re-opener Regarding the Effects of Opening the New Jail Facility on Xxxxxx Road With respect to Sample Clauses

Re-opener Regarding the Effects of Opening the New Jail Facility on Xxxxxx Road With respect to. Article 9, the Parties shall reopen negotiations on Article 9, sections 9.1 and 9.3 only under the following terms. The reopener negotiations and any conciliation shall be limited solely to issues that may arise as a direct result of the move to, and staffing of assignments within, the new correctional facility and shall have no impact for purposes of Section 9.7 (limitation on transfers). All disqualifiers listed in section 9.5 (selection criteria) shall be waived for members during the opening of the new correctional facility. The Employer shall make available to the Lodge the staffing plan and activation plan within two (2) business days of the Employer’s receipt of such plans which may occur on different days. The Lodge’s receipt of either the staffing or activation plan shall activate the provisions of Article 3, Section 3.11. The negotiations shall commence on or before October 1, 2020. If after good-faith negotiations and at least 4 meetings the parties have not reached an agreement, any outstanding issues that solely and directly relate to the move to and staffing of assignments within the new correctional facility shall proceed directly to binding conciliation conducted before a single conciliator selected by the Parties by mutual agreement or from a panel provided by SERB and under all relevant statutory procedures, for an issue-by-issue determination by the conciliator of the last best offers of each Party, which shall occur and be completed prior to the housing of any inmates outside FCCC I and FCCC II. This reopener applies only to assignments within the correctional division. The conciliator shall render a decision within twenty-one (21) days of the hearing. The conciliator shall not delay or enjoin the opening of the new correctional facility. In the event that the conciliator is unable to come to a decision within twenty-one (21) days of the hearing, the Employer is permitted to open the new correctional facility and house inmates by implementing its last, best and final offer made during negotiations for the reopener for not longer than two (2) full pay periods after receipt of the conciliation decision.
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