OAPSE, AFSCME, AFL-CIO, Local No. 039 Agreement

ARTICLE 19 – Negotiation Procedures

19.1 –

  1. Pursuant to Section 4117.14(C) and 4117.14(E) of the Ohio Revised Code, the parties have established the following mutually agreed upon negotiations and dispute resolution procedures which supersede the procedures listed in Section 4117.14 (C)(2) - (6) and any other procedures to the contrary.
  2. The duty to bargain between the Board and the Union shall be limited to matters of wages, hours, or terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining Agreement. The obligation to bargain does not mean that either party is compelled to agree to a proposal nor does it require the making of a concession.
  3. The collective bargaining representatives of each party shall consist of no more than four (4) individuals. Each team shall have a spokesperson who shall conduct negotiations on behalf of the team unless the specific team's spokesperson requests that another member of the team speak on an issue.
  4. Negotiations may be initiated by either the Union or the Board by notifying the other party in writing not earlier than one hundred and twenty (120) calendar days, nor later than ninety (90) calendar days, before the expiration of this Agreement.
  5. Within fifteen (15) days of the request, the parties shall meet and submit full proposals in writing. No additional items may be added to future meetings without mutual consent.
  6. The Board and the Union, upon specific written request from the other, shall furnish information in existing form within a reasonable time from the request that reasonably may be expected to assist the requesting party in making a proposal, a counter proposal or a response to a proposal which is a legitimate subject of bargaining.
  7. While negotiations are in progress the following are in effect:
    1. Caucus - The chairman of either group may recess his group for independent caucus of reasonable duration at any time.
    2. Protocol - No action to coerce, or censor, or penalize any negotiation participant shall be made or implied by any other member as a result of participation in the negotiation process.
    3. Item Agreement - As negotiation items receive tentative agreement, they shall be reduced in writing, dated and initialed by each party.
    4. Schedule of Meeting - Until all negotiation meetings are completed, each meeting shall include a decision on an agreed time and place for the next subsequent meeting.
  1. When a complete Agreement is reached, each party's representatives shall recommend the adoption of such Agreement to the appropriate bodies. When approved by the Union and the Board, the Agreement shall be a binding Collective Bargaining Agreement and shall supersede any Board policy, rule or regulation. If any specific provision of this Agreement is invalidated by court ruling by a court of competent jurisdiction or subsequent change in the law, the parties shall, upon timely written request of the other, negotiate in good faith regarding any necessary change in this Agreement.
  2. If on unresolved issues tentative agreement is not reached, either party may declare a bargaining impasse. Within five (5) days of declaration of impasse, a minimum of one (1) meeting must be held to identify these unresolved issues. Either party may contact the Federal Mediation and Conciliation Service (FMCS) and request the assistance of a mediator.

    Mediation, as described herein, constitutes the parties' dispute resolution.

  3. Nothing in this Article shall be read to prohibit the Union, after ten days written notice, from striking after expiration of the current agreement, in accordance with O.R.C. 4117.14(D)(2).
  4. "Days" when used in this Article means calendar days unless otherwise noted.
  5. There shall be two signed copies of any final agreement. One copy shall be retained by the Employer and one copy by the Union. Within thirty (30) days after the execution of this contract, the Board of Education shall print or duplicate and provide, without any charge, a copy of this contract to every bargaining unit member in the bargaining unit. Any bargaining unit member who becomes a member of the bargaining unit after the execution of this Agreement shall be provided with a copy of this Agreement by the Board, without charge, at the time of employment. Each bargaining unit member in the bargaining unit shall be provided by the Board of Education, without charge, with a copy of any written changes agreed to by the parties of this Agreement during the life of this Agreement.
  6. Management Orientation

    The Board of Education shall conduct orientation sessions on this Agreement for management and supervisory bargaining unit members.