Article 6 -   Negotiating Procedure  

6-1    Written requests for negotiations between the Board and the Association may be submitted on such matters concerning teachers' salaries, wages, hours and conditions of employment. All proposals relevant to these issues are subject to negotiation. Such requests will specify the subject matter to be considered.  

6-2    A written response will be made within ten (10) school days of the receipt of any such written request.  

6-3    Negotiations will be conducted at times and places mutually agreeable to the negotiators named by each party; provided, however that the first meeting shall be held within ten (10) school days of such written response.  

6-4    The Board and the Association agree to accept and consider recommendations from the community when modifying this Agreement.  

6-5    The parties to this Agreement recognize that the public has an interest in the negotiations and acknowledge a duty jointly to inform the public of the status and progress of negotiations.  

6-6    During negotiations, the Board and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. Upon request of either party, the other will make available for inspection its records and data pertinent to the subject of negotiations.  

6-7    As of the time they are made available to the Board, the Board will provide the Association with a Superintendent's proposed budget for the next fiscal year, as well as available preliminary budgetary information and proposals affecting teachers' salaries, wages, hours and conditions of employment.  

6-8    If negotiations are scheduled during the school day, the negotiators shall be released from their regular duties with no loss of pay.  

6-9    Either party may use the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.  

6-10Tentative agreements reached as a result of such negotiations will be reduced to writing and will have conditional written approval of both parties pending final adoption of the District budget. After such adoption and approval, the final Agreement will be signed by the Board and Association and will become an addendum to this Agreement. If changes in this tentative Agreement are necessary as a result of a legal budget adoption process, the Agreement will be subject to negotiation.  

6-11   Impasse Resolution/Mediation.  

6-11-1        Either party may declare an impasse. Then a mediator shall be selected with the assistance of the American Arbitration Association according to the procedure of Article 7-3-4-2.  

6-11-2        Any mediation efforts must be concluded by August 31 and will be conducted under rules determined by the mediator.  

6-11-3       If mediation is unsuccessful and if both parties agree, the mediator may issue a written report to the parties explaining the matters still at issue.  

6-11-4        The parties agree to share the cost of mediation equally.  

6-12         Interim Negotiations.   This provision is not intended to allow for changing the language or the intent of the existing Agreement outside of the normal bargaining cycle.  From time to time, however, matters arise that the parties may need to address in a timely manner and when waiting until the next negotiations period is not practicable.  Therefore, during the term of this Agreement and between regularly scheduled bargaining sessions, the parties may choose to engage in interim negotiations.   

6-12-1  Such negotiations may be initiated by the Association with a request to the Superintendent or by the District with a request to the Association President.  Following a discussion of the purpose of the requested negotiations, the Superintendent and Association President will decide if the matter will be addressed and what group of individuals will be given the responsibility for addressing the matter.  There would be no commitment to a particular outcome.  The matter could be referred to an existing body such as the Agreement Review Committee (ARC) or the Instructional Issues Council or the Superintendent and Association President may agree to appoint a special committee to address the matter.  

6-12-2  Generally, the matters to be addressed will be those substantive in nature and which impact the operation of the District and/or the operation of this Agreement. 

6-12-3  If matters are related to the interpretation of the Agreement or matters on which the Agreement is silent, the results of work of the body to which the matter is referred will become a Memorandum of Agreement, subject to the approval of the Representative Council of the Association and the Superintendent.  If approved, the Memorandum will be binding on both parties but will be reviewed at the next formal bargaining session.   

6-12-4  Matters that change existing provisions of the Agreement will be referred to the membership of the Association and the Board for ratification.

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