SECTION 1. It is mutually agreed that an impasse occurs after both parties have presented proposals and counter-proposals in good faith and both parties have considered the proposals and counter-proposals of the other party in good faith, and, despite honest and diligent efforts to reach a mutually satisfactory agreement, no agreement can be reached on the subject being negotiated.

SECTION 2. When it has been determined that an impasse has been reached, either party may request the use of mediation by the Federal Mediation and Conciliation Service (FMCS).

SECTION 3. If the FMCS cannot provide mediation service, they shall be requested to provide a list of five (5) qualified mediators from which a selection may be made. The cost of the services of the mediator, if any, shall be shared equally by the parties.

SECTION 4. If the FMCS provides such a list, the parties will meet for the purpose of selecting the mediator within five (5) calendar days of receiving the list. The mediator will be selected by mutual agreement or by alternately striking names until one (1) remains. Such person shall be the duly selected mediator.

SECTION 5. If these efforts fail, either party may request the Federal Service Impasse Panel to consider the matter, under the regulations it prescribes.

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