Common use of Contract Waiver Clause in Contracts

Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following: A. Requests from a school or work site must be submitted on the Contract Waiver Request Form. The completed form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this Section. B. A contract waiver request must include the following: 1. Reference to the specific provisions of the Agreement requested to be waived; 2. Rationale for the waiver; 3. The specific timelines - beginning and ending dates - for the waiver; 4. Description of what employees would be affected by the waiver and how they would be affected; 5. Description of how the decision to request the waiver was made and evidence it reflects approval of the building principal and at least 80% approval of those in the Association's bargaining unit at the school or work site; 6. Description of the cost or budget impact of the waiver, if any; and 7. Explanation of how the waiver, if granted, might affect other employees outside of the school site and other operations of the District, if any. C. No Agreement waiver shall be granted for a duration of more than one (1) school year, unless extended in writing by both parties, and no Agreement waiver shall be granted for a duration that extends beyond the expiration date of the current Agreement. Either party to this Agreement may terminate the waiver after providing the other party with at least forty-five (45) calendar days advance written notice or sooner if both parties agree. D. The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Collective Bargaining Agreement at the time of the waiver's expiration. E. Schools shall not use “site-based/shared decision making" to implement conditions of employment that are contrary to the terms of this Agreement without, prior to implementation, first obtaining a waiver as described in this provision. F. An Agreement waiver will be considered an addendum to this Agreement and any dispute as to its interpretation or application will be solved by the parties through either negotiations, the use of the grievance procedure or termination of the waiver. If the parties cannot agree upon a resolution or the means of resolution, the waiver will be terminated within forty-five (45) calendar days upon written notice from one party or sooner if agreed by both parties. G. For its duration, this Agreement, except to the extent waived pursuant to the above provision, will remain in full force and effect and have full application to the employees covered by this Agreement who are affected by the site based/shared decision making process.

Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following: A. Requests from a school or work site must be submitted on the Contract Waiver Request Form. (See Appendix 2.) The completed form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this Section. B. A contract waiver request must include the following: 1. Reference to the specific provisions of the Agreement requested to be waived; 2. Rationale for the waiver; 3. The specific timelines - – beginning and ending dates - – for the waiver; 4. Description of what employees would be affected by the waiver and how they would be affected; 5. Description of how the decision to request the waiver was made and evidence it reflects approval of the building principal and at least 80% approval of those in the Association's bargaining unit at the school or work site; 6. Description of the cost or budget impact of the waiver, if any; and 7. Explanation of how the waiver, if granted, might affect other employees outside of the school site and other operations of the District, if any. C. No Agreement waiver shall be granted for a duration of more than one (1) school year, unless extended in writing by both parties, and no Agreement waiver shall be granted for a duration that extends beyond the expiration date of the current Agreement. Either party to this Agreement may terminate the waiver after providing the other party with at least forty-five (45) calendar days advance written notice or sooner if both parties agree. D. The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Collective Bargaining Agreement at the time of the waiver's expiration. E. Schools shall not use “site-based/shared decision making" to implement conditions of employment that are contrary to the terms of this Agreement without, prior to implementation, first obtaining a waiver as described in this provision. F. An Agreement waiver will be considered an addendum to this Agreement and any dispute as to its interpretation or application will be solved by the parties through either negotiations, the use of the grievance procedure or termination of the waiver. If the parties cannot agree upon a resolution or the means of resolution, the waiver will be terminated within forty-five (45) calendar days upon written notice from one party or sooner if agreed by both parties. G. For its duration, this Agreement, except to the extent waived pursuant to the above provision, will remain in full force and effect and have full application to the employees covered by this Agreement who are affected by the site based/shared decision making process.