Impasse Procedure 1. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. The parties may mutually agree to extend impasse deadlines. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee.
2. The fact finding committee shall consist of: (a) one (1) fact finder selected by the association with written notice given to the board within five (5) calendar days after the reaching of impasse; (b) one (1) fact finder selected by the board with written notice given to the association within five (5) calendar days after the reaching of impasse. The bargaining spokespersons for the board and association shall, within five (5) calendar days of the existence of the impasse, transmit a written request bearing both their signatures to the State Superintendent of Public Instruction for a list of five (5) potential fact finders. Within ten (10) days of being notified that a fact finder is needed, the State Superintendent of Public Instruction or designee shall provide the names of five potential fact finders selected at random from the list of appointees who are available to serve as a member and the chairperson of the committee. The parties shall select the fact finder from the five names.
3. Within five (5) calendar days of receipt of the list provided by the State Superintendent of Public Instruction or designee, the bargaining spokespersons for the board and association shall select the fact finder. If no name on the list is agreeable to both parties, a coin toss shall occur with the party winning the toss having the right to strike 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.
4. Within five (5) days after the selection of the chairman, the representatives who have been negotiating for the Board and for the Association shall meet 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 committee.
5. The chairman shall convene the committee for fact finding. This committee shall meet with the representatives of both parties. The fact finding representative of the Board and the Association agree to request that rules be developed on the following procedures: (1) the date, time and place of the fact finding hearing; (2) fact finding hearing procedures; (3) rules for the calling and questioning of witnesses, as well as the presentation of other documentary and oral evidence; (4) the order of consideration of the bargaining issues in dispute; (5) posthearing committee meetings and procedures; (6) pre- and post-hearing communications between and among fact finders and bargaining representatives for the parties; (7) standards of content for the fact finding committee report; and (8) any other matters deemed important to the conduct of a fair and orderly fact finding. A properly executed copy of the "fact finding convention agreement" shall be transmitted to the bargaining spokespersons for receipt no later than five (5) calendar days prior to the holding of the fact finding hearing. Within twenty (20) days after the chairman is selected, the committee shall present written recommendations to the local Board and to the Association.
6. If either party decides it must reject one or more of the committee's recommendations, said party must, within seven (7) days after the committee has presented its recommendations, request a meeting of the representatives who have been negotiating for the Board and for the Association. The parties shall meet within seven (7) days of the request, unless both parties deem it unnecessary. At such meeting, the representatives shall exchange written statements expressing each party's rationale for rejecting each recommendation found unacceptable and shall attempt to clarify any remaining differences. The representatives shall then resume good faith effort to resolve the remaining differences; provided, after fourteen (14) days after the exchange of the written statements, either party may discontinue such effort.
7. If the effort to resolve differences is successful, the board and association shall draft a tentative negotiated agreement subject to final ratification or approval by each party. An original copy of such agreement, when duly ratified or approved by both parties, signed by the President and bargaining spokesperson for the Board and the President and bargaining spokesperson for the Association, dated and notarized, shall also be forwarded to the office of the State Superintendent of Public Instruction by the Board within fourteen (14) calendar days of its execution, with the Board providing a copy of the certified mail receipt to the Association.
8. If the effort to resolve differences is unsuccessful in whole or in part, the Board shall forward by certified mail to the office of the State Superintendent of Public Instruction its final disposition of the negotiations impasse process within thirty (30) calendar days of the effective date of the disposition's implementation, with the Board providing a copy of the certified mail receipt to the Association.
9. The costs for the services of the factfinding 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 the Board representative, the Association shall assume the expense of the Association representative, and the expenses of the third member shall be shared equally by the Board and the Association.
10. The local Board shall forward by certified mail a copy of the fact finding committee report to the office of the State Superintendent of Public Instruction within fourteen (14) calendar days of its own receipt of such report and shall provide the association a copy of the certified mail receipt.
Acceptance Procedure Lessor hereby authorizes one or more employees of the related Lessee, to be designated by such Lessee, as the authorized representative or representatives of Lessor to accept delivery on behalf of Lessor of that Leased Property identified on the applicable Funding Request. Each Lessee hereby agrees that such acceptance of delivery by such authorized representative or representatives and the execution and delivery by such Lessee on each Closing Date for property to be leased hereunder of a Lease Supplement in substantially the form of Exhibit A hereto (appropriately completed) shall, without further act, constitute the irrevocable acceptance by such Lessee of that Leased Property which is the subject thereof for all purposes of this Lease and the other Operative Documents on the terms set forth therein and herein, and that such Leased Property, together with, in the case of Land, any Building or other improvements thereon or to be constructed thereon pursuant to the Construction Agency Agreement, shall be deemed to be included in the leasehold estate of this Lease and shall be subject to the terms and conditions of this Lease as of such Closing Date. The demise and lease of each Building pursuant to this Section 2.2 shall include any additional right, title or interest in such Building which may at any time be acquired by Lessor, the intent being that all right, title and interest of Lessor in and to such Building shall at all times be demised and leased to the related Lessee hereunder.
