Article 31: Negotiations Procedures

31.1

Negotiations will be conducted at locations, times and dates that are mutually acceptable to the parties.

31.2

Negotiations will be conducted in closed sessions. This provision prohibits the public airing of any issues or the progress in the negotiations. Because negotiations are conducted in closed sessions, no press releases or public statements regarding progress on negotiations shall be made without the mutual consent of the parties. The parties reserve the right to communicate with their constituencies in a manner consistent with preserving the confidential nature of the negotiations. Communications with executive decision makers and the larger constituencies shall only be conducted in a good faith manner that does not damage the relationship between the negotiating parties and the bargaining process. In the event of an impasse, the parties will confer regarding press releases until the fact-finder has issued a decision.

31.3

Unless otherwise agreed to by the parties, the Union and the College shall each identify a maximum of eight (8) members of their respective negotiation teams at the commencement of negotiations.

31.4

Recesses, caucuses or study sessions may be called by either side at any time.

31.5

All tentative agreements shall be reduced to writing by the parties and initialed by their respective negotiators designated to do so.  Tentative agreements shall remain tentative until the entire agreement is agreed to by the parties and ratified in accordance with the procedures identified by each of the parties.  Tentative agreements are conditional and may be withdrawn should subsequent discussions change either team’s understanding of the language as it relates to another part of the Agreement.

31.6

Final agreement on a collective bargaining agreement shall be reached when each side obtains ratification of the proposed agreement from its respective constituencies.

31.7

Either party may initiate negotiations for a successor agreement by providing the opposite party written notice of its intent to commence negotiations no sooner than one hundred and twenty (120) calendar days nor later than sixty (60) calendar days before the expiration of this Agreement.

31.8

Additional negotiation procedures and ground rules may be negotiated by the parties at the commencement of negotiations.

31.9

In the event an impasse is reached, and mediation is initiated by either party, the party who declares an impasse shall, within 10 business days from the date of declaration, provide to the other party a written list of the issues that remain unresolved. The list can include only mandatory subjects of bargaining. The other party shall provide a written list of their issues within 10 days of receipt of the issues submitted by the party that declared impasse. Only the items on these lists will be discussed in mediation.

31.10

In the event mediation does not resolve the impasse either party may request fact finding.  The party requesting fact finding shall, within 10 business days from the date of requesting fact finding, provide the other party a written list of the issues for fact finding.  The other party shall provide a written list of their issues within 10 days of receipt of the issues submitted by the party requesting fact finding.   No issue that was not the subject of mediation can be in the fact finding process without the mutual agreement of the parties. Neither party may alter its proposal after the submission of this document.

31.10.1

The fact finder will be selected from a list of seven fact finders requested from the Federal Mediation and Conciliation Service. Within ten (10) days of receipt of the list of fact finders, the parties shall alternately strike names on the list until there is one name remaining who shall be the fact finder. The moving party to the fact finding shall strike the first name.

31.10.2

The fact finder shall conduct the hearing as soon as possible following the selection of the fact finder.

31.10.3

The fact finder’s decision shall be submitted to the College and the Union no later than sixty (60) days after the conclusion of the hearing.

31.10.4

The fact finder’s decision shall be in writing and shall include the fact finder’s decision, rationale and, if appropriate, the relief. The fact finder shall not have the authority to expand, or add to, the rights employees or the Union have under the terms of this Agreement.

31.10.5

The fact finder’s fees and costs shall be shared equally by the Union and the College. All other expenses shall be assumed by the party incurring the costs, including the cost of the witnesses.

31.11

Within sixty (60) calendar days after the conclusion of the fact-finding hearing, the fact finder shall recommend only the last best final total package (as submitted in accordance with 31.10 above) offer of one of the parties.