ARTICLE XII – AGREEMENT
When the participants reach agreement, such agreement shall be reduced to writing and signed by the members of the committees. Within five (5) work days thereafter, said Agreement shall be submitted to the membership of the AEA for ratification. If such membership ratifies said Agreement by a majority vote of those voting thereon, upon written certification by the President of such ratification to the Superintendent, the Board shall consider the ratification at its next meeting. The Board may also elect to defer consideration of the Agreement to the following meeting when seventy two (72) hours have not passed between written notification of AEA ratification and the next Board meeting.
ARTICLE XIII – IMPASSE
13.01 Fact-finding
Should the AEA and the Board fail to reach agreement by June 30, either side may request, in writing, that all unresolved items be submitted to a fact-finder. This item does not apply to Section 13.07 In-Term Bargaining.
13.02 Appointment
Within three (3) days of the notice to refer the unresolved issues to a fact-finder, the parties shall request from the American Arbitration Association (AAA) a list of five (5) names to serve as potential fact-finders. The parties shall meet within two (2) days of receipt of the list from AAA and strike names to select a fact-finder to hear the unresolved issues.
13.03 Procedures
Within ten (10) work days of selection, the fact-finder shall conduct a hearing on all unresolved issues. The Fact-finder shall have the authority to request that both sides submit the unresolved issues prior to the hearing date. Unresolved issues are those proposals on the table at the time fact-finding is requested on which tentative agreement has not been reached.
Within ten (10) days of the final hearing day, the fact-finder shall submit a set of recommendations of the unresolved issues to both sides. The nature of these recommendations shall be advisory and not binding on either party.
13.04 Recommendations
Within ten (10) days of the submission of the fact-finder’s report, said recommendations shall be submitted to meetings of the membership of the Association and the Board, respectively, for acceptance or rejection. The report must be accepted or rejected in its entirety. If the membership of the AEA accepts the recommendations by a simple majority of those voting on the recommendations, the report shall be considered ratified by the Association. If the membership of the Board accepts the recommendations, the report shall be considered ratified by the Board.
13.05 Mediation
If either the AEA or the Board rejects the fact-finder’s report, the rejection shall be considered a request for mediation. The rejecting party shall, within two (2) work days, contact the Federal Mediation and Counciliation Service (FMCS), request the services of a mediator, and shall notify the other party of the request in writing. The mediator shall be selected by FMCS. Members shall have the right to strike provided the contract has expired and no agreement has been reached and the Association has given a ten (10) day prior written notice of intent to strike to the Board and SERB as required by 4117.14 of the Ohio Revised Code.
13.06 Costs
All costs incurred as a result of the use of a fact-finder and/or mediator shall be shared equally by the Association and the Board except that each shall be responsible for the costs of its own representation and presentations.
13.07 In-Term Bargaining
Any negotiations required under this Agreement or otherwise by law are subject to the fact-finding procedures outlined in Article XIII of this Agreement. In the event either party invokes the provisions of Article XIII in an impasse involving bargaining an issue during the term of this Agreement, the fact-finding and mediation procedures in Article XIII shall apply to this in-term negotiations impasse except that the ten (10) day limits in Sections 13.03 and 13.04 will become five (5) day limits and the entire fact-finding mediation process shall not be extended beyond thirty (30) calendar days.