Common use of Bargaining Process Clause in Contracts

Bargaining Process. A. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. However, notwithstanding the above, in the event of a change in the law affecting the terms of this Agreement, the parties agree to negotiate about the effect of such change. B. Negotiations on a successor Agreement shall begin upon written notice of either party at least sixty (60) prior to the expiration of this Agreement. C. Neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. The parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, consider proposals and make concessions in the course of negotiations. D. Representatives of the Employer and the Association may meet, during the term of this Agreement, for the purpose of discussing matters of mutual concern. These meetings are not intended to by-pass the grievance procedure or to constitute negotiations. Any such meeting shall be held outside employee work hours unless otherwise agreed to by the Employer. E. This Agreement supersedes any rules, regulations, or practices of the Board which shall be contrary to or inconsistent terms contained in any individual contract heretofore executed between members of the bargaining unit and the Board of Education. Any individual contract with a bargaining unit member hereinafter executed shall be expressly subject to and consistent with the terms of this or subsequent agreements executed by the parties. This Agreement shall be controlling should any individual contract contain any language which is inconsistent with this Agreement. F. If any provision of this Agreement is subsequently found to be in conflict with any applicable federal or state statute, only that portion of such provision which is in conflict shall be determined to be void. If any provision of this Agreement should become void during the life of the Agreement, either party may request a meeting to negotiate a substitute for the voided provision. G. Copies of this Agreement upon its ratification may be printed at the joint expense of the Employer and the Association. H. There shall be four (4) signed copies of this Agreement, two (2) of which shall be retained by the Association and two (2) of which shall be retained by the Employer.