Q - Are there different requirements for health care and non-health care institutions?
A - For health care institutions, in the case of renewal contracts, two kinds of notices are required:
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90 day notice, in advance of the termination/expiration of the contract, of intent to renegotiate to be given by one party to the other; and
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60 day notice, in advance of the termination/expiration of the contract, notifying FMCS and State mediation service of intent to terminate or renegotiate.
NOTE: Once one of the parties sends the 90 day notice, it is the same party that is obligated to send the FMCS the 60 day notice.
For non-health care institutions:
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60 days prior to expiration of the current contract, serve written notice on the other party to a contract of proposed termination or modification; and
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30 days prior to contract expiration, notify the FMCS of the existence of a dispute if no successor agreement has been reached by then.
If you are unsure whether your institution is a health care or non-health care institution, or you are unsure of your legal requirements regarding notice filing, contact the local NLRB office closest to you.
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