Common use of Resolving Differences Clause in Contracts

Resolving Differences. In the event that an agreement cannot be reached on items being negotiated, either party may declare that an impasse exists, but in any event, if negotiations are not successfully concluded by the first day of school, impasse shall exist. Time limits set forth herein may be extended by mutual agreement of the parties. A mediator will be chosen by mutual agreement of both parties. In the event that mutual agreement cannot be reached, the Federal Mediation and Conciliation Service will be asked to appoint a mediator. After ten (10) working days have elapsed following the first mediation session, there being no agreements, either party may call for the implementation of fact finding. The representatives of the Board and Association shall meet within five (5) days after fact finding has been declared to select the Chairperson of the Fact Finding Committee. One (1) member shall be selected by the Association, and one (1) member shall be selected by the Board, within five (5) days. The third member shall be selected by the first two (2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of potential fact finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party losing the toss striking a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact finding committee. Within five (5) days after the selection of the Chairperson, the negotiation teams shall meet and exchange written language on each item at impasse. The exchanged documents shall also be furnished to the members of the Fact Finding Committee. The Fact Finding Committee shall hold a hearing at which the representatives of the parties shall be given an opportunity to present their respective cases with supporting evidence. The fact finding committee shall have the authority to, and prior to the hearing shall, establish procedural rules and shall conduct the hearing in closed session, and within twenty (20) days after the Fact Finding Hearing, shall present written recommendations to the Board and the Association. If either the Board or the Association decides to reject one or more of the fact finding Committee's recommendations, said party must, within seven (7) days after the Fact Finding Committee has presented its recommendations, request that the negotiation teams meet. The negotiation teams shall meet within seven (7) days of the request, unless both negotiation teams deem such a meeting to be unnecessary. At such meeting, the negotiation teams shall exchange written statements expressing their rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiation teams shall then resume good faith effort to resolve the remaining differ- ences; provided, after fourteen (14) days after the exchange of written statements, either negotiation team may discontinue such effort. The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. The cost for the services of the mediator, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the Board and the Association. The cost for the services of the fact finding committee, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared in the following manner: The Board shall assume the expenses of its representative, the Association shall assume the expenses of its representative, and the expenses of the chairperson shall be shared equally by the Board and the Association.

Resolving Differences. In the event that an agreement cannot be reached on items being negotiated, either party may declare that an impasse exists, but in any event, if negotiations are not successfully concluded by the first day of school, impasse shall exist. Time limits set forth herein may be extended by mutual agreement of the parties. A mediator will be chosen by mutual agreement of both parties. In the event that mutual agreement cannot be reached, the Federal Mediation and Conciliation Service will be asked to appoint a mediator. After ten (10) working days have elapsed following the first mediation session, there being no agreements, either party may call for the implementation of fact finding. The representatives of the Board and Association shall meet within five (5) days after fact finding has been declared to select the Chairperson of the Fact Fact-Finding Committee. One One (1) member shall be selected by the Association, and one (1) member shall be selected by the Board, within five (5) days. The third member shall be selected by the first two (2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of potential fact finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party losing the toss striking a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact finding committeeFact-Finding Committee. Within five (5) days after the selection of the Chairperson, the negotiation teams shall meet and exchange written language on each item at impasse. The exchanged documents shall also be furnished to the members of the Fact Fact-Finding Committee. The Fact Fact-Finding Committee shall hold a hearing at which the representatives of the parties shall be given an opportunity to present their respective cases with supporting evidence. The fact finding committee Fact-Finding Committee shall have the authority to, and prior to the hearing shall, establish procedural rules and shall conduct the hearing in closed session, and within twenty (20) days after the Fact Fact-Finding Hearing, shall present written recommendations to the Board and the Association. If either the Board or the Association decides to reject one or more of the fact finding Fact-Finding Committee's recommendations, said party must, within seven (7) days after the Fact Fact-Finding Committee has presented its recommendations, request that the negotiation teams meet. The negotiation teams shall meet within seven (7) days of the request, unless both negotiation teams deem such a meeting to be unnecessary. At such meeting, the negotiation teams shall exchange written statements expressing their rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiation teams shall then resume good faith effort to resolve the remaining differ- encesdifferences; provided, after fourteen (14) days after the exchange of written statements, either negotiation team may discontinue such effort. The Board shall file a copy of the fact fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations negotiation’s impasse process within thirty (30) days of the effective date of implementation. The cost for the services of the mediator, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the Board and the Association. The cost for the services of the fact finding committeeFact-Finding Committee, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared in the following manner: The Board shall assume the expenses of its representative, the Association shall assume the expenses of its representative, and the expenses of the chairperson shall be shared equally by the Board and the Association.

Resolving Differences. In the event that an agreement cannot be reached on items being negotiated, either party may declare that an impasse exists, but in any event, if negotiations are not successfully concluded by the first day of school, impasse shall exist. Time limits set forth herein may be extended by mutual agreement of the parties. A mediator will be chosen by mutual agreement of both parties. In the event that mutual agreement cannot be reached, the Federal Mediation and Conciliation Service will be asked to appoint a mediator. After ten (10) working days have elapsed following the first mediation session, there being no agreements, either party may call for the implementation of fact finding. The representatives of the Board and Association shall meet within five (5) days after fact finding has been declared to select the Chairperson of the Fact Fact-Finding Committee. One One (1) member shall be selected by the Association, and one (1) member shall be selected by the Board, within five (5) days. The third member shall be selected by the first two (2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of potential fact finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party losing the toss striking a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact finding committeeFact-Finding Committee. Within five (5) days after the selection of the Chairperson, the negotiation teams shall meet and exchange ex- change written language on each item at impasse. The exchanged documents shall also be furnished to the members of the Fact Fact-Finding Committee. The Fact Fact-Finding Committee shall hold a hearing at which the representatives of the parties shall be given an opportunity to present their respective cases with supporting evidence. The fact finding committee Fact-Finding Committee shall have the authority to, and prior to the hearing shall, establish procedural rules and shall conduct the hearing in closed session, and within twenty (20) days after the Fact Fact-Finding Hearing, shall present written recommendations to the Board and the Association. If either the Board or the Association decides to reject one or more of the fact finding Fact- Finding Committee's recommendations, said party must, within seven (7) days after the Fact Fact-Finding Committee has presented its recommendations, request that the negotiation teams meet. The negotiation teams shall meet within seven (7) days of the request, unless both negotiation teams deem such a meeting to be unnecessary. At such meeting, the negotiation teams shall exchange written statements expressing their rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiation teams shall then resume good faith effort to resolve the remaining differ- encesdifferences; provided, after fourteen (14) days after the exchange of written statements, either negotiation team may discontinue such effort. The Board shall file a copy of the fact fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations negotiation’s impasse process within thirty (30) days of the effective date of implementation. The cost for the services of the mediator, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the Board and the Association. The cost for the services of the fact finding committeeFact-Finding Committee, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared in the following manner: The Board shall assume the expenses of its representative, the Association shall assume the expenses of its representative, and the expenses of the chairperson shall be shared equally by the Board and the Association.

Resolving Differences. In the event that an agreement cannot be reached on items being negotiated, either party may declare that an impasse exists, but in any event, if negotiations are not successfully concluded by the first day of school, impasse shall exist. Time limits set forth herein may be extended by mutual agreement of the parties. A mediator will be chosen by mutual agreement of both parties. In the event that mutual agreement cannot be reached, the Federal Mediation and Conciliation Service will be asked to appoint a mediator. After ten (10) working days have elapsed following the first mediation session, there being no agreements, either party may call for the implementation of fact finding. The representatives of the Board and Association shall meet within five (5) days after fact finding has been declared to select the Chairperson of the Fact Finding Committee. One (1) member shall be selected by the Association, and one (1) member shall be selected by the Board, within five (5) days. The third member shall be selected by the first two (2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list of potential fact finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party losing the toss striking a name from the list. The parties will then continue alternately striking names from the list until only one name remains. The person whose name remains on the list will serve as the chairperson of the fact finding committee. Within five (5) days after the selection of the Chairperson, the negotiation teams shall meet and exchange written language on each item at impasse. The exchanged documents shall also be furnished to the members of the Fact Finding Committee. The Fact Finding Committee shall hold a hearing at which the representatives of the parties shall be given an opportunity to present their respective cases with supporting evidence. The fact finding committee shall have the authority to, and prior to the hearing shall, establish procedural rules and shall conduct the hearing in closed session, and within twenty (20) days after the Fact Finding Hearing, shall present written recommendations to the Board and the Association. If either the Board or the Association decides to reject one or more of the fact finding Committee's recommendations, said party must, within seven (7) days after the Fact Finding Committee has presented its recommendations, request that the negotiation teams meet. The negotiation teams shall meet within seven (7) days of the request, unless both negotiation teams deem such a meeting to be unnecessary. At such meeting, the negotiation teams shall exchange written statements expressing their rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiation teams shall then resume good faith effort to resolve the remaining differ- encesdifferences; provided, after fourteen (14) days after the exchange of written statements, either negotiation team may discontinue such effort. The Board shall file a copy of the fact finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State Superintendent. If the effort to resolve differences is unsuccessful, the Board shall forward to the State Superintendent in writing its final disposition of the negotiations impasse process within thirty (30) days of the effective date of implementation. The cost for the services of the mediator, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the Board and the Association. The cost for the services of the fact finding committee, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared in the following manner: The the Board shall assume the expenses of its representative, the Association shall assume the expenses of its representative, and the expenses of the chairperson shall be shared equally by the Board and the Association.

Resolving Differences. In the event that an agreement cannot be reached on items being negotiated, either party may declare that an impasse exists, but in any event, if a. If negotiations are not successfully concluded by the first day of school, impasse shall exist. Time limits set forth herein At an earlier time, either party may declare impasse. Negotiations may be extended beyond the 1st day by mutual agreement agreement. b. Within two (2) days of such declaration, the parties. A mediator will be chosen parties may, by mutual agreement agreement, request the services of both parties. In the event that mutual agreement cannot be reached, the Federal Mediation and Conciliation Service will Service. c. If mediation fails to bring about agreement, the items causing the impasse shall be asked referred to appoint a mediatorthree-member committee. After ten This committee shall consist of: 1. One (101) working days have elapsed following member who shall be selected by the first mediation session, there being no agreements, either party may call for the implementation of fact finding. The representatives of the Board and Association shall meet within five (5) days after fact finding has been declared to select the Chairperson reaching of impasse; 2. One (1) member who shall be selected by the Fact Finding Committeelocal Board of Education within five (5) days after the reaching of impasse; and 3. One (1) neutral member who shall be selected from the State Superintendent’s list of fact-finders in accordance with the rules and regulations promulgated by the AssociationState Department of Education. Within the (10) days of notifying the State Department of Education that a fact-finder is needed, and one (1) member shall be selected by the Board, within five (5) days. The third member shall be selected by the first two (2) members as follows: The parties shall notify the State Superintendent of Public Instruction that a fact finder is needed and request a list shall provide the names of five (5) potential fact fact-finders from the State Superintendent. If no name on the list is agreeable to both parties, a coin toss shall occur with the party losing the toss striking a name from the list. The parties will then continue alternately striking names selected at random from the list until only one name remains. The person whose name remains on the list will of appointees who are available to serve as a member and the chairperson of the fact finding committee. The parties shall select the fact-finder from the five (5) names. The fact-finder shall serve as the chairman of the committee. d. Within five (5) days after the selection of the Chairpersonchairman, the negotiation teams representatives who have been negotiating for the Board and for the Association shall meet and to exchange written language on each item at impasse. The exchanged documents shall also be furnished by each party to the chairman and other members of the Fact Finding Committeecommittee. e. The chairman shall convene the committee for fact finding. The Fact Finding Committee committee shall hold a hearing at which meet with the representatives of the parties shall be given an opportunity to present their respective cases with supporting evidenceboth parties. The fact finding committee shall have the authority to, and prior to the hearing shall, establish procedural rules and shall conduct the hearing in closed session, and within Within twenty (20) days after the Fact Finding Hearingchairman is selected, the committee shall present a written recommendations report to the local Board and to the Association. . f. If either party decides it must reject the Board or the Association decides to reject one or more of the fact finding Committee's committee’s recommendations, said party must, within seven (7) days after the Fact Finding Committee committee has presented its recommendations, request that a meeting of the negotiation teams meetrepresentatives who have been negotiating for the Board and the Association. The negotiation teams parties shall meet within seven (7) days of the request, unless both negotiation teams parties deem such a meeting to be it unnecessary. At such meeting, the negotiation teams representatives shall exchange written statements expressing their each party’s rationale for rejecting each the recommendation found unacceptable and shall attempt to clarify any remaining differences. The negotiation teams representatives shall then resume good faith effort efforts to resolve the remaining differ- ences; differences, provided, after fourteen (14) days after the exchange of the written statements, either negotiation team party may discontinue such effort. . g. The Board local board shall file a copy of the fact fact-finding report with the office of the State Superintendent of Public Instruction. If the effort to resolve differences is successful, the parties shall draft a written agreement and present the agreement to both parties for ratification, and upon ratification such agreement shall also be forwarded to the State SuperintendentSuperintendent of Public Instruction. If the effort to resolve differences is unsuccessful, the local Board of Education shall forward to the State Superintendent of Public Instruction in writing its final disposition of the negotiations impasse process within with thirty (30) days of the effective date day of implementation. . h. The cost Association and the Board will each be responsible for the services fees and costs of its member on the fact-finding committee and shall share equally in the fees and costs of the mediator, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared equally by the Board and the Association. The cost for the services of the fact finding committee, including per diem expenses, if any, and actual and necessary travel expenses, shall be shared in the following manner: The Board shall assume the expenses of its representative, the Association shall assume the expenses of its representative, and the expenses of the chairperson shall be shared equally by the Board and the Associationthird member.