Section 1130.20  Notices and Timetable for Bargaining

a)         With respect to collective bargaining in units for which exclusive representatives have been newly certified, the rules in this subsection shall apply.  For purposes of this subsection, newly certified representatives are representatives which have not yet reached a collective bargaining agreement after their certification under the Act.

1)         Upon demand of either party, collective bargaining must begin within 60 days of the date of certification of the exclusive representative by the Board.  Once commenced, collective bargaining must continue for at least a 60 day period, unless a contract is entered into.

2)         If no agreement has been reached within 45 days after bargaining was initiated, the parties shall file a second notice with the Board.  In addition to the requirements of Section 1130.20(e), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association.  If by this date, mediation has not been initiated, the Board shall invoke mediation.

b)         With respect to collective bargaining in units that contain professional instructional personnel represented by existing exclusive representatives, the rules in this subsection shall apply:

1)         If no agreement has been reached within 90 days prior to the scheduled start of the forthcoming school year, the exclusive representative and the employer shall file a notice with the Board.

2)         If no agreement has been reached 45 days prior to the scheduled start of the forthcoming school year, either party may request the Board to invoke mediation, or the Board may invoke mediation on its own motion.

3)         If no agreement has been reached 15 days prior to the scheduled start of the forthcoming school year, the parties shall file a notice with the Board.  In addition to the requirements of Section 1130.20(e), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association.  If by this date, mediation has not been initiated, the Board shall invoke mediation.

c)         With respect to collective bargaining in units that do not contain professional instructional personnel but are represented by existing exclusive representatives, the rules in this subpart shall apply:

1)         If no agreement has been reached 45 days prior to the date that the existing collective bargaining agreement is scheduled to expire, the exclusive representative and the employer shall file a notice with the Board.

2)         If no agreement has been reached 45 days prior to the scheduled expiration date of the existing collective bargaining agreement, either party may request the Board to invoke mediation, or the Board may invoke mediation on its own motion during this period.

3)         If no agreement has been reached 15 days prior to the scheduled expiration date of the existing collective bargaining agreement parties shall file a notice with the Board.  In addition to the requirements of Section 1130.20(e), this notice shall state that no agreement has been reached and whether the parties have agreed to mediation using privately selected individuals or organizations such as the Federal Mediation and Conciliation Service or the American Arbitration Association.  If by this date, mediation has not been initiated, the Board shall invoke mediation.

d)         All notices filed under this Section may be filed jointly, signed by both parties.  If the notice is not filed jointly, each party shall file a separate notice and serve a copy on the other party.  Notices under this Section will be considered filed on the date they are received by the Board.

e)         All notices filed under this Section shall be on a form developed by the Board, and shall contain the following:

1)         the name, affiliation, if any, and address of the exclusive representative;

2)         the name and address of the employer;

3)         the expiration date of the existing collective bargaining agreement, if any;

4)         where the unit contains professional instructional personnel, the date of the scheduled start of the forthcoming school year; and

5)         a brief report on the status of negotiations, including the date negotiations began.