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Agreement between Mayfield Village attd F.O.P. Lodge 57 <br />J. News Media <br />It is agreed that during the bargaining period, neither party will issue a statement to the <br />news media on an individual basis regarding topics of negotiations. If, in the normal <br />conduct of negotiations, such press release becomes necessary, the contents shall be <br />.mutually acceptable to all parties. <br />Section 40.4. At any time during the bargaining process, either side may request, in writing, with <br />or without a declaration of impasse, the Federal Mediation and Conciliation Service to provide a <br />mediator to assist the parties in reaching agreement. The mediator shall have no power to impose <br />a settlement on either party or to in any way bind either party to agreement on any issue. The party <br />making the request shall serve the other party with a copy of the written request. <br />Section 40.5. In the event no agreement has been reached, approved and ratified prior to the <br />expiration of the then-current agreement, either party may notify in writing the American <br />Arbitration Association ("AAA") of the intent to submit the unresolved issues to it to be resolved <br />through binding arbitration. A copy shall also be served upon the other party. The request to <br />arbitrate may be made jointly by the parties. <br />Any issues which have been agreed to by the Village and the F.O.P. shall be submitted as a partial <br />agreement to the F.O.P. membership for approval/disapproval. If the F.O.P. approves the partial <br />agreement, it shall notify the Village in writing of such action. Thereafter, the Village Council will <br />vote to accept or reject the agreed issues. After the arbitrator has entered his award, said award and <br />the partial agreement shall constitute the entire Agreement between the Village and the F.O.P. <br />The arbitration hearing will be conducted by AAA in accordance with its rules and procedures. <br />After AAA has received notice from the parties, it shall submit a list of arbitrators to each party, <br />and the arbitrator shall be chosen by the alternate strike method in accordance with the AAA's <br />current rules within twenty (20) days of the request for arbitration. The hearing shall be held within <br />forty-five (45) days after the date the arbitrator is chosen. The Village and the F.O.P. shall equally <br />share the cost of services provided by AAA and the arbitrator. The Village and the F.O.P. shall <br />pay the cost of their own witnesses and presentation. <br />Section 40.6. The arbitrator will only have jurisdiction over the unresolved issues and other matters <br />mutually agreed upon by the Village and the F.O.P. The hearing shall be private and will be <br />conducted pursuant to the AAA's current rules. Not later than three (3) days before the hearing, <br />the Village and the F.O.P. shall serve on the arbitrator, and the opposing party a written report <br />summarizing the unresolved issues and other matters submitted to the arbitrator, the party's final <br />offer on the issues and the rationale for the position. If, after submission of the parties' reports, <br />mediation efforts by the arbitrator result in a change of final offer, a party may, with the permission <br />of the arbitrator, submit a revised written offer to the other party through the arbitrator. No change <br />in offers shall be permitted after testimony and evidence is heard on the particular issue involved. <br />35 <br />