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 (Appendix A). The building Principal and Association Building Representative must both sign the form if the request is to be considered by the Association and District. The Principal's signature indicates approval of the waiver request. The Building Representative signature indicates the belief the request represents bargaining unit member support per paragraph B.5., below. The completed contract waiver request 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. Upon receipt of a contract waiver request, the District and Association representatives shall meet and consider these options: 1. Accept the waiver request as written and communicate that acceptance to the school or work site. 2. Deny the waiver request but with specific written conditions under which the waiver could be granted. In this case, the school or work site may either accept the conditions through the same process as indicated by paragraph A, above, accept the denial, or counterpropose to the Association and District through a revised Contract Waiver Request Form, using the same process as described by paragraph A, above. 3. Deny the waiver request as written and provide written reasons for that denial back to the school or work site. In this case, the school or work site may wish to consider whether to submit a revised Contract Waiver Request Form, approved through the same process as described by paragraph A, above, that is intended to satisfy the reasons given for the waiver denial. 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, i.e. beginning and ending dates for the waiver. 4. Identification of the position(s) that would be affected by the waiver and how the position(s) 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 90% 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. 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 contract waiver request shall be granted without agreement by the District and Association on its duration (i.e., beginning and ending dates). No contract waiver request shall be granted that extends beyond the expiration date of the Agreement, unless the parties agree otherwise. A waiver may be terminated if the parties mutually 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 first obtaining a waiver as described in this Section. F. A contract waiver agreed on by the District and Association will be considered an addendum to this Agreement, and any dispute as to its interpretation or application will be solved by the parties through use of these two steps: 1. Informal discussion between District and Association representatives. If this does not resolve the dispute, then: 2. The Association may utilize the grievance procedure contained in this Agreement.

Contract Waiver. The In order to improve educational experiences for 39 students through creative, innovative or restructuring projects, the District and 40 Association may agree to waive specific provisions of this Agreement in accordance with 41 the following: 1 A. Requests from a school or work site must be submitted on the Contract Waiver 2 Request Form (Appendix A). The building Principal and Association Building Representative must both sign the form if the request is to be considered by the Association and District. The Principal's signature indicates approval of the waiver request. The Building Representative signature indicates the belief the request represents bargaining unit member support per paragraph B.5., belowForm. The completed contract waiver request form must be submitted concurrently to the 3 Superintendent or his/her desgnee and the Association President concurrently and or his/her 4 designee. A waiver will be granted only if both the District and Association 5 approve such request in accordance with the provisions of this section. Upon receipt of a contract waiver request, the District and Association representatives shall meet and consider these options: 1. Accept the waiver request as written and communicate that acceptance to the school or work site. 2. Deny the waiver request but with specific written conditions under which the waiver could be granted. In this case, the school or work site may either accept the conditions through the same process as indicated by paragraph A, above, accept the denial, or counterpropose to the Association and District through a revised Contract Waiver Request Form, using the same process as described by paragraph A, above. 3. Deny the waiver request as written and provide written reasons for that denial back to the school or work site. In this case, the school or work site may wish to consider whether to submit a revised Contract Waiver Request Form, approved through the same process as described by paragraph A, above, that is intended to satisfy the reasons given for the waiver denial. 6 B. A contract waiver request must include the following: 1. 8 i. Reference to the specific provisions of the Agreement requested to be 9 waived.; 211 ii. Rationale for the waiver.; 313 iii. The specific timelines, i.e. beginning and ending dates for the waiver.; 415 iv. Identification Description of the position(s) that which employees would be affected by the waiver and how the position(s) 16 they would be affected.; 5. 17 v. Description of how the decision to request the waiver was made and 18 evidence it reflects approval of the building Principal administration and at least 9019 80% approval of those in the Association's bargaining unit at the school or work site.20 site (as measured by secret ballot conducted by Association 21 representatives); 623 vi. Description of the cost or budget impact of the waiver, if any.; and 725 vii. Explanation of how the waiver, if granted, might affect other employees 26 outside of the school site and other operations of the District, if any. 28 C. The District and Association will adopt their own internal processes for review 29 and approval of waiver applications. 30 D. No contract Agreement waiver request shall be granted without agreement for a duration of more than one (1) school 31 year, unless extended in writing by the District both parties, and Association on its duration (i.e., beginning and ending dates). No contract no Agreement waiver request shall 32 be granted for a duration that extends beyond the expiration date of the Agreement, unless the parties agree otherwise. A waiver may be terminated if the parties mutually 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 first obtaining a waiver as described in this Section. F. A contract waiver agreed on by the District and Association will be considered an addendum to this Agreement, and any dispute as to its interpretation or application will be solved by the parties through use of these two steps: 1. Informal discussion between District and Association representatives. If this does not resolve the dispute, then: 2. The Association may utilize the grievance procedure contained in this Agreement.current