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 ex- change 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 differences; 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 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 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 ex- change 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- 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 differences; 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 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 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 (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 ex- change 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 differencesdiffer- 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-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 negotiation’s 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 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 (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 ex- change 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 differences; 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 negotiation’s 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 Committeefact 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.