The Parties agree that negotiation on a successor Agreement will begin no later than June 1 of the calendar year in which this Agreement expires.

The parties to this agreement jointly agree to the following terms and conditions as a process for settling any bargaining dispute between the respective governing bodies. It is expressly understood by the parties that this memorandum supersedes any other agreement, contract, or otherwise, that pertains to resolutions of a bargaining impasse.

The parties mutually agree to enter into bargaining in June. The parties further agree to negotiate at a mutually determined site. The parties agree that bargaining will take place from 9:00 a.m. until 4:00 p.m. daily, but that any session may be terminated at any time by either party.

Should the negotiations between the parties fail to produce an agreement, the parties mutually agree to enter into mediation. The parties mutually agree to begin mediation no later than the third week in June. The parties further agree to use a mutually agreed upon mediator. The mediation sessions shall take place at the mutually agreed to site. The length of the mediation sessions shall be determined by the parties.

Should mediation fail to produce an agreement between the parties a fact finding hearing will be conducted. The fact finder shall be mutually agreed upon and the hearing shall be held the last week in June. The fact finder shall make a recommendation(s) on all unresolved bargaining issues, issue by issue, no later than June 30th. The parties shall have until July 10th to accept or reject the fact finder recommendation(s).

Should mediation and fact finding fail to produce an agreement between the parties, the outstanding issues that are still unresolved, as identified in the advisory fact finding opinion, shall be submitted to issue by issue last best offer binding arbitration. Both parties shall submit their issue by issue last best offer to each other and to the arbitrator in a sealed envelope at the beginning of the arbitration hearing. The arbitration hearing shall be conducted no later than mid-July at a mutually agreed to site. The arbitrator shall be without power or authority to alter, amend, or modify the final issue by issue offers of the respective parties. The arbitrator shall render a binding decision on each issue submitted. No decision will be binding on either party, issue by issue, that is not the “last best offer” of one of the parties as submitted to the arbitrator prior to the arbitration hearing. The parties will mutually agree on an arbitrator or use the FMCS process for arbitration selection.

The decision of the arbitrator shall be submitted in writing to the parties within five (5) calendar days of the hearing and will be final and binding on the parties unless rejected by a four-fifths (4/5) vote of either constituency within fifteen (15) calendar days of the issuing of the arbitrator’s award. The parties’ bargaining teams agree to recommend the arbitrator’s decision to the respective constituencies.

Timelines contained herein may be amended by mutual agreement of the parties.

The cost of the process shall be borne equally by the parties.

This memorandum of agreement is in full force and effect for the next negotiations between parties. Any and all future negotiation impasses shall be controlled by the terms of the existing agreement between the parties.