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Article 4: Negotiating Procedures

Collective Bargaining Agreement for Maintenance and Operations

4.1

Negotiations for a successor Agreement may be initiated by either party by submitting a written notice to the opposite party requesting the commencement of negotiations. The Employer and the Union will exchange their full-text non-economic proposals no later than two weeks prior to the start of negotiations. The notice shall be sent no earlier than one hundred and twenty (120) and no later than ninety (90) days prior to the expiration date of the Agreement. Within a reasonable time period after receiving notice, the party receiving the request for bargaining shall respond in writing and shall suggest a date at which time the parties shall meet and determine a mutually agreed upon time and place to begin negotiations.

4.2

Negotiations ground rules may be negotiated by the parties.

4.3

During negotiations, the parties shall meet at mutually acceptable times and locations. Negotiations will be conducted in closed sessions.

4.4

Collective bargaining shall be conducted by authorized representatives of the College and the Union. The parties shall notify each other in writing the names of their authorized bargaining representatives. Each team shall designate their team members in writing no later than the first day of negotiations after which date there shall be no change in the composition of each team, absent some catastrophic occurrence in team members (i.e., severe illness, termination of employment, etc.), unless mutually agreed upon. All such written communications from the Union shall be signed by the Vice President of the Union or designated representative.

4.5

In the event an impasse is reached, both parties will exchange their last best final proposal. Only the items on these lists will be discussed in mediation. The mediator for impasse will be from the FMCS (Federal Mediation and Conciliation Service).

4.6

In the event mediation does not resolve the impasse, either party may request fact finding in accordance with Article 4.7 of the CBA.

4.7

In the event of an impasse, upon conclusion of the fact-finding hearing, the fact finder shall recommend only the last best final total package offer of one of the parties. Neither party may alter its final offer as submitted prior to the release of the mediator.

4.8

When tentative agreement is reached on a particular provision, it will be reduced to writing, initialed and dated by the respective spokesperson of each party. Such 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.

4.9

The parties agree that all non-economic issues will be negotiated and agreed upon to the extent possible prior to negotiating economic issues.

4.10

Members of the union negotiation team will be released from duty without pay in order to participate in the negotiations so long as doing so does not create an operational problem for CNM.

4.11

There shall be no new non-economic proposals or issues allowed by the employer or the union after it has complied with the provisions of 4.1 above.

4.12

The size of the negotiating teams shall be limited to seven (7) on each side and only those specifically identified people will be allowed to attend the negotiation sessions unless mutually agreed otherwise.

4.13

CNM Governing Board Resolution 2007-69, Section 15 C (3), will govern impasse and contract extension.