4.1 Negotiations – General

Not later than the day of the first Board of Education meeting in May of the calendar year in which the Agreement expires or reopeners are desired, unless mutually agreed otherwise, the process of meeting and negotiating will be initiated by the submission to the Board of the initial proposal of the Association. Unless mutually agreed otherwise, negotiations shall begin no later than the first day after the second Board of Education meeting of July each year. Meeting and negotiating shall not take place on any proposal until a sufficient time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the Board. After the public has had the opportunity to express itself, the Board shall, at a meeting which is open to the public, adopt its initial proposal. New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within twenty-four (24) hours. If a vote is taken on such subject by the Board, the vote thereon by each member voting shall also be made public within twenty-four (24) hours. Such notice may be made in a manner consistent with PERB regulations and Board Policy.

4.2 Outside Consultants

The Exclusive Representative and the Employer may utilize the services of outside consultants to assist in negotiations and will be responsible for their respective consultants’ fees and expenses, if any.

4.3 Discharge of Duties

The Board and the Association may discharge their respective duties by means of authorized officers, representatives, or committees.

4.4 Negotiations Release Time

The Association shall have the right to designate five (5) members who shall be given release time to participate in at-the-table negotiations. Release time shall not be granted for preparations prior to or following actual negotiation meetings.

4.5 Access to Information

The Board and the Association shall, upon request, furnish each other with single copies of all budgetary and other information, the disclosure of which is not otherwise prohibited by law, relating to the negotiations and maintenance of the Collective Bargaining Agreement. This information shall be limited to documents which are normal work products of the respective parties. Maintenance of the Collective Bargaining Agreement shall be interpreted to mean contract implementation and grievance processing. Upon request for the above information, the requesting party shall specify the reason(s) for such request. Normal work product means documents which are prepared in the normal course of business.

4.6 Tentative Agreements

During negotiations, items tentatively agreed upon shall be reduced to writing and initialed by both parties.

4.7 Final Approval

After the Board and the Association reach tentative agreement on all matters being negotiated, the complete Agreement shall be submitted to the membership of the Association and to the Board respectively for final approval. 7

4.7.1 Collective Bargaining Agreement Ratification Meeting

The Association may conduct a brief Collective Bargaining Agreement ratification meeting for Transportation Department unit members during the “down” time afforded during the normal workday and eight (8) Association members will be released to conduct this meeting. A second meeting for general membership may be held on the same day no earlier than 4:30 p.m., and unit members who wish to attend shall be released to attend this meeting.

4.8 Impasse

If the Employer and Exclusive Representative are unable to reach agreement on all matters being negotiated and impasse has been determined to exist by PERB, impasse procedures prescribed by law may be invoked by either party. If mutually agreeable, the parties may, in an attempt to resolve their differences, continue to meet and negotiate during the implementation of the impasse procedure. The above shall in no way impair any duty to meet and negotiate as may be prescribed by law.

4.9 Contract Language Clarification

The language of this Agreement shall be subject to clarification at any time by mutual consent of the parties. Any such language clarification shall be reduced to writing and signed by the Employer’s Representative and the Exclusive Representative. Such clarifications shall thereafter be considered part of the Agreement.