Duty to Bargain in Good Faith. 8.01 The Parties shall bargain in good faith and shall make every reasonable effort to conclude a renewal of the Collective Agreement.
Duty to Bargain in Good Faith. If a XX refuses to negotiate with a resident management corporation in good faith or, after negotiations, refuses to enter into a contract, the corporation may file an informal appeal with HUD, set- ting out the circumstances and pro- viding copies of relevant materials evi- dencing the corporation’s efforts to ne- gotiate a contract. HUD shall require the HA to respond with a report stating the HA’s reasons for rejecting the cor- poration’s contract offer or for refusing to negotiate. Thereafter, HUD shall re- quire the parties (with or without di- rect HUD participation) to undertake or to resume negotiations on a con- tract providing for resident manage- ment, and shall take such other ac- tions as are necessary to resolve the conflicts between the parties. If no res- olution is achieved within 90 days from the date HUD required the parties to undertake or resume such negotia- tions, HUD shall serve notice on both parties that administrative remedies have been exhausted (except that, pur- suant to mutual agreement of the par- ties, the time for negotiations may be extended by no more than an addi- tional 30 days).
Duty to Bargain in Good Faith. All collective bargaining negotiations shall be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither the City nor the Association shall make any effort to bypass the designated bargaining representatives of the other party during the collective bargaining process for a new contract. The obligation imposed by this section is the same as the duty to bargain in good faith set forth in Texas Local Gov’t Code §174.105. Should either party contend the other is violating such duty, the parties shall convene as soon as possible with the assistance of a mutually agreed upon and neutral mediator to resolve the dispute. Should mediation fail to resolve the dispute, either party is free thereafter to seek legal recourse to remedy a claimed violation. The negotiation period will be suspended during the time period for mediation and, if legal recourse is sought, for the time period necessary to seek temporary injunctive relief. Thereafter, negotiations will resume, subject to any affirmative orders from the Court on how to proceed.
