2. Negotiation Procedures
2.1: Representation Rights
2.2: Good Faith Negotiations
2.3: Scope of Negotiations
2.4: Negotiating Committees
2.5: Negotiation Procedures
2.6: Impasse Procedure
2.1 REPRESENTATION RIGHTS
The Board agrees not to negotiate with any organization other than the Association for the duration of this agreement; furthermore, the Board agrees not to negotiate with any employee individually during the duration of this agreement on matters subject to negotiations. However, this does not preclude the Board and administration from soliciting employees’ views on items of mutual concern.
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2.2 GOOD FAITH NEGOTIATIONS
The Board and the Association agree to participate in good faith negotiations. To negotiate in “good faith” shall mean the mutual obligation of the Board and the Association to meet at reasonable times and confer in good faith with respect to negotiations and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party; such obligation does not compel either party to agree to a proposal or require the making of a concession.
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2.3 SCOPE OF NEGOTIATIONS
Areas to be negotiated under this Agreement shall be negotiations, grievance procedure, Association rights, salaries, hours, and other terms and conditions of employment.
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2.4 NEGOTIATING COMMITTEES
A. Membership:
For purposes of negotiating, a committee of Association members and Board members shall be formed. This committee shall consist of not more than five members named by the Association and not more than five members named by the Board. The Association and the Board may:
1. Have in attendance a non-participating person to act as a recorder of the negotiation discussions.
2. Utilize, in lieu of one member of their committee, an outside person from the staff of the District or from affiliated groups or associations of said negotiating committees. At such time, the original committee member may be in attendance and observe proceedings, but shall not participate in any way
3. Have in attendance the President or his/her designee of the Association and/or the President or his/her designee of the Board on a non-participating basis if those persons so desire.
4. Have in attendance up to five non-participating observers. These observers may be in attendance and observe proceedings but shall not participate in any way.
B. Participation:
During Negotiating Committee discussions, no individuals other than the aforementioned representatives shall be allowed in the meetings. The Board and the Association, however, may call upon competent professional and lay representatives to consider the matters under discussion and to make suggestions, and both parties have the right to utilize the services of consultants in their deliberations.
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2.5 NEGOTIATION PROCEDURES
Notification and First Meeting:
By the first Thursday in March preceding its expiration date, each party shall submit to the other notification of its desire to amend, modify, continue, or delete some or all of the provisions in the agreement. On or before April 1, representatives of the parties shall meet to consider ground rules for negotiations. The first meeting between the negotiating committees must be held by May 15. At this meeting, any provisions of the current agreement which have been proposed by either party for amendment, modification, or deletion shall expire upon expiration date of the contract, unless or until mutual agreement about same is reached by the parties before or after the expiration date. All other provisions of the current agreement which are not proposed by either party for amendment, modification, or deletion, shall be tentatively agreed to, and shall become a part of the successor agreement upon adoption and ratification of said successor agreement.
Authority to Negotiate:
Both parties agree that it is their mutual responsibility to confer upon their respective representatives the necessary power and authority to make proposals, consider proposals, make counter-proposals in the course of negotiations, and to reach tentative agreements.
Tentative Agreements and Ratification:
Upon reaching tentative agreement on all items, the items shall be reduced to writing and shall be submitted to the Association and the Board for ratification. Any and all agreements reached as a result of negotiations shall be reduced to writing and copies provided to all parties.
Printing of Contract and Costs:
Copies of this Agreement shall be printed and presented to all employees now employed or hereafter employed by the Board as long as this Agreement remains in effect. The cost of such printing and distribution shall be borne equally by the Board and the Association.
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2.6 IMPASSE PROCEDURE
A. If the parties engaged in collective bargaining have not reached an agreement by 90 days before the scheduled start of the forthcoming school year, the parties shall notify the Illinois Educational Labor Relations Board concerning the status of negotiations.
B. If after a reasonable period of negotiation and within 45 days of the scheduled start of the forthcoming school year the parties engaged in collective bargaining have reached an impasse, either party may petition the Labor Board to initiate mediation. Alternatively, the Labor Board on its own motion may initiate mediation during this period. However, the services of the mediators shall continuously be made available to the employer and to the exclusive bargaining representative for purposes of arbitration of grievances and mediation or arbitration of contract disputes. If requested by the parties, the mediator may perform fact-finding and in so doing conduct hearings and make written findings and recommendations for resolution of the dispute. Such mediation shall be provided by the Labor Board and shall be held before qualified impartial individuals. Nothing prohibits the use of other individuals or organizations such as the Federal Mediation and Conciliation Service or the AAA selected by both the exclusive bargaining representative and the employer.
C. If the parties engaged in collective bargaining fail to reach an agreement within 15 days of the scheduled start of the forthcoming school year and have not requested mediation, the Illinois Educational Labor Relations Board shall invoke mediation.
D. The costs of mediation shall be shared equally between the employer and the exclusive bargaining agent.
E. Nothing in this Act prevents an employer and an exclusive bargaining representative from mutually submitting to final and binding impartial arbitration unresolved issues concerning the terms of a new collective bargaining agreement.