Common use of Contract Waivers Clause in Contracts

Contract Waivers. 4.16.1 School site improvement, restructuring or reform plans shall not contain any provisions contrary to, or in conflict with any article or section of this Agreement, unless specific waivers to such Agreement articles and sections are agreed to by the Association and the District. 4.16.2 The following Articles in this Agreement shall not be eligible for contract waivers: Recognition, Association Rights and Privileges, Grievance Procedure, Non-Discrimination. 4.16.3 In the event that unit members at a school/site wish to implement a restructuring and/or site- based decision-making proposal that would require the waiving of any provisions of the collective bargaining agreement between the Association and the District, the following steps shall be taken. 4.16.3.1 The Association Building Representative(s) at the school/site shall send a letter to the Association President outlining the restructuring/site-based decision-making plan, and indicating which provisions of the collective bargaining agreement may need to be waived in order to implement the plan. The President shall refer the letter to the Association bargaining unit team for review. 4.16.3.2 The Association bargaining team shall review the letter from the school/site to determine if collective bargaining agreement waivers are necessary to implement the restructuring/site-based decision-making plan, and report their findings to the Association Executive Board. 4.16.3.3 If the Association Executive Board determines that one or more provisions of the collective bargaining agreement needs to be waived in order to implement the school/site plan, the Association Representative Council shall be informed, and a waiver election shall be conducted by the Association at the school/site as follows: 4.16.3.3.1 Only unit members at the affected school/site shall be eligible to vote in the waiver election. Eligible unit members shall be defined as any bargaining unit member working at the school/site for any part of her/his job description, and who is a member of the Association. 4.16.3.3.2 The election shall be conducted at the school/site according to the election procedures established in the CUEA Bylaws/Standing Rules. 4.16.3.3.3 The Association shall prepare a ballot indicating specifically which section(s) of the collective bargaining agreement need to be waived in order to implement the school/site plan, the length of the waiver period, which shall not exceed one school year, and asking each eligible member to vote “yes” or “no” on each requested waiver. 4.16.3.3.4 The ballots shall be counted at the Association office by unit members, appointed by the President, who do not work at the school/site in which the election took place. School/site unit members may choose an observer to be present during the counting of the ballots. 4.16.3.3.5 If no less than 75 percent of the members eligible to vote at the school/site (or of eligible members voting) vote “yes” on the waiver, the waiver shall be agreed to. 4.16.3.3.6 If the waiver is agreed to in the election described above, the Association President shall, in writing, so notify the District, specifying that the waiver applies only to the school/site which conducted the election, that the waiver is valid for only the period specified in the election, which shall not exceed one year, the waiver must be renewed annually following the above procedures, and the waiver does not set a collective bargaining precedent or a precedent for any other school/site. 4.16.3.3.7 The process for granting waivers herein shall be completed no later than April 1 of the year prior to the year the waiver(s) takes effect.

Contract Waivers. 4.16.1 4.9.1 School site improvement, restructuring or reform plans shall not contain any provisions contrary to, or in conflict with any article or section of this Agreement, unless specific waivers to such Agreement articles and sections are agreed to by the Association and the District. 4.16.2 4.9.2 The following Articles in this Agreement shall not be eligible for contract waivers: Recognition, Association Rights and Privileges, Grievance Procedure, Non-Discrimination. 4.16.3 4.9.3 In the event that unit members at a school/site wish to implement a restructuring and/or site- based decision-making proposal that would require the waiving of any provisions of the collective bargaining agreement between the Association and the District, the following steps shall be taken. 4.16.3.1 4.9.3.1 The Association Building Representative(s) at the school/site shall send a letter to the Association President outlining the restructuring/site-based decision-making plan, and indicating which provisions of the collective bargaining agreement may need to be waived in order to implement the plan. The President shall refer the letter to the Association bargaining unit team for review. 4.16.3.2 4.9.3.2 The Association bargaining team shall review the letter from the school/site to determine if collective bargaining agreement waivers are necessary to implement the restructuring/site-based decision-making plan, and report their findings to the Association Executive Board. 4.16.3.3 4.9.3.3 If the Association Executive Board determines that one or more provisions of the collective bargaining agreement needs to be waived in order to implement the school/site plan, the Association Representative Council shall be informed, and a waiver election shall be conducted by the Association at the school/site as follows: 4.16.3.3.1 4.9.3.3.1 Only unit members at the affected school/site shall be eligible to vote in the waiver election. Eligible unit members shall be defined as any bargaining unit member working at the school/site for any part of her/his job description, and who is a member of the Association. 4.16.3.3.2 4.9.3.3.2 The election shall be conducted at the school/site according to the election procedures established in the CUEA Bylaws/Standing Rules. 4.16.3.3.3 4.9.3.3.3 The Association shall prepare a ballot indicating specifically which section(s) of the collective bargaining agreement need to be waived in order to implement the school/site plan, the length of the waiver period, which shall not exceed one school year, and asking each eligible member to vote “yes” or “no” on each requested waiver. 4.16.3.3.4 4.9.3.3.4 The ballots shall be counted at the Association office by unit members, appointed by the President, who do not work at the school/site in which the election took place. School/site unit members may choose an observer to be present during the counting of the ballots. 4.16.3.3.5 4.9.3.3.5 If no less than 75 percent of the members eligible to vote at the school/site (or of eligible members voting) vote “yes” on the waiver, the waiver shall be agreed to. 4.16.3.3.6 4.9.3.3.6 If the waiver is agreed to in the election described above, the Association President shall, in writing, so notify the District, specifying that the waiver applies only to the school/site which conducted the election, that the waiver is valid for only the period specified in the election, which shall not exceed one year, the waiver must be renewed annually following the above procedures, and the waiver does not set a collective bargaining precedent or a precedent for any other school/site. 4.16.3.3.7 4.9.3.3.7 The process for granting waivers herein shall be completed no later than April 1 of the year prior to the year the waiver(s) takes effect.

Contract Waivers. 4.16.1 4.9.1 School site improvement, restructuring or reform plans shall not contain any provisions contrary to, or in conflict with any article or section of this Agreement, unless specific waivers to such Agreement articles and sections are agreed to by the Association and the District. 4.16.2 4.9.2 The following Articles in this Agreement shall not be eligible for contract waivers: Recognition, Association Rights and Privileges, Grievance Procedure, Non-Discrimination. 4.16.3 4.9.3 In the event that unit members at a school/site wish to implement a restructuring and/or site- site-based decision-making proposal that would require the waiving of any provisions of the collective bargaining agreement between the Association and the District, the following steps shall be taken. 4.16.3.1 4.9.3.1 The Association Building Representative(s) at the school/site shall send a letter to the Association President outlining the restructuring/site-based decision-making plan, and indicating which provisions of the collective bargaining agreement may need to be waived in order to implement the plan. The President shall refer the letter to the Association bargaining unit team for review. 4.16.3.2 4.9.3.2 The Association bargaining team shall review the letter from the school/site to determine if collective bargaining agreement waivers are necessary to implement the restructuring/site-based decision-making plan, and report their findings to the Association Executive Board. 4.16.3.3 4.9.3.3 If the Association Executive Board determines that one or more provisions of the collective bargaining agreement needs to be waived in order to implement the school/site plan, the Association Representative Council shall be informed, and a waiver election shall be conducted by the Association at the school/site as follows: 4.16.3.3.1 4.9.3.3.1 Only unit members at the affected school/site shall be eligible to vote in the waiver election. Eligible unit members shall be defined as any bargaining unit member working at the school/site for any part of her/his job description, and who is a member of the Association. 4.16.3.3.2 4.9.3.3.2 The election shall be conducted at the school/site according to the election procedures established in the CUEA Bylaws/Standing Rules. 4.16.3.3.3 4.9.3.3.3 The Association shall prepare a ballot indicating specifically which section(s) of the collective bargaining agreement need to be waived in order to implement the school/site plan, the length of the waiver period, which shall not exceed one school year, and asking each eligible member to vote “yes” or “no” on each requested waiver. 4.16.3.3.4 4.9.3.3.4 The ballots shall be counted at the Association office by unit members, appointed by the President, who do not work at the school/site in which the election took place. School/site unit members may choose an observer to be present during the counting of the ballots. 4.16.3.3.5 4.9.3.3.5 If no less than 75 percent of the members eligible to vote at the school/site (or of eligible members voting) vote “yes” on the waiver, the waiver shall be agreed to. 4.16.3.3.6 4.9.3.3.6 If the waiver is agreed to in the election described above, the Association President shall, in writing, so notify the District, specifying that the waiver applies only to the school/site which conducted the election, that the waiver is valid for only the period specified in the election, which shall not exceed one year, the waiver must be renewed annually following the above procedures, and the waiver does not set a collective bargaining precedent or a precedent for any other school/site. 4.16.3.3.7 4.9.3.3.7 The process for granting waivers herein shall be completed no later than April 1 of the year prior to the year the waiver(s) takes effect.

Contract Waivers. 4.16.1 School site improvement, restructuring or reform plans shall not contain any provisions contrary to, or in conflict with any article or section of this Agreement, unless specific waivers to such Agreement articles and sections are agreed to by the Association and the District. 4.16.2 The following Articles in this Agreement shall not be eligible for contract waivers: Recognition, Association Rights and Privileges, Grievance Procedure, Non-Discrimination. 4.16.3 In the event that unit members at a school/site wish to implement a restructuring and/or site- site-based decision-making proposal that would require the waiving of any provisions of the collective bargaining agreement between the Association and the District, the following steps shall be taken. 4.16.3.1 The Association Building Representative(s) at the school/site shall send a letter to the Association President outlining the restructuring/site-based decision-making plan, and indicating which provisions of the collective bargaining agreement may need to be waived in order to implement the plan. The President shall refer the letter to the Association bargaining unit team for review. 4.16.3.2 The Association bargaining team shall review the letter from the school/site to determine if collective bargaining agreement waivers are necessary to implement the restructuring/site-based decision-making plan, and report their findings to the Association Executive Board. 4.16.3.3 If the Association Executive Board determines that one or more provisions of the collective bargaining agreement needs to be waived in order to implement the school/site plan, the Association Representative Council shall be informed, and a waiver election shall be conducted by the Association at the school/site as follows: 4.16.3.3.1 Only unit members at the affected school/site shall be eligible to vote in the waiver election. Eligible unit members shall be defined as any bargaining unit member working at the school/site for any part of her/his job description, and who is a member of the Association. 4.16.3.3.2 The election shall be conducted at the school/site according to the election procedures established in the CUEA Bylaws/Standing Rules. 4.16.3.3.3 The Association shall prepare a ballot indicating specifically which section(s) of the collective bargaining agreement need to be waived in order to implement the school/site plan, the length of the waiver period, which shall not exceed one school year, and asking each eligible member to vote “yes” or “no” on each requested waiver. 4.16.3.3.4 The ballots shall be counted at the Association office by unit members, appointed by the President, who do not work at the school/site in which the election took place. School/site unit members may choose an observer to be present during the counting of the ballots. 4.16.3.3.5 If no less than 75 percent of the members eligible to vote at the school/site (or of eligible members voting) vote “yes” on the waiver, the waiver shall be agreed to. 4.16.3.3.6 If the waiver is agreed to in the election described above, the Association President shall, in writing, so notify the District, specifying that the waiver applies only to the school/site which conducted the election, that the waiver is valid for only the period specified in the election, which shall not exceed one year, the waiver must be renewed annually following the above procedures, and the waiver does not set a collective bargaining precedent or a precedent for any other school/site. 4.16.3.3.7 The process for granting waivers herein shall be completed no later than April 1 of the year prior to the year the waiver(s) takes effect.

Contract Waivers. 4.16.1 4.9.1 School site improvement, restructuring or reform plans shall not contain any provisions contrary to, or in conflict with any article or section of this Agreement, unless specific waivers to such Agreement articles and sections are agreed to by the Association and the District. 4.16.2 4.9.2 The following Articles in this Agreement shall not be eligible for contract waivers: Recognition, Association Rights and Privileges, Grievance Procedure, Non-Discrimination. 4.16.3 4.9.3 In the event that unit members at a school/site wish to implement a restructuring and/or site- based decision-making proposal that would require the waiving of any provisions of the collective bargaining agreement between the Association and the District, the following steps shall be taken. 4.16.3.1 4.9.3.1 The Association Building Representative(s) at the school/site shall send a letter to the Association President outlining the restructuring/site-based decision-making plan, and indicating which provisions of the collective bargaining agreement may need to be waived in order to implement the plan. The President shall refer the letter to the Association bargaining unit team for review. 4.16.3.2 4.9.3.2 The Association bargaining team shall review the letter from the school/site to determine if collective bargaining agreement waivers are necessary to implement the restructuring/site-based decision-making plan, and report their findings to the Association Executive Board. 4.16.3.3 4.9.3.3 If the Association Executive Board determines that one or more provisions of the collective bargaining agreement needs to be waived in order to implement the school/site plan, the Association Representative Council shall be informed, and a waiver election shall be conducted by the Association at the school/site as follows: 4.16.3.3.1 4.9.3.3.1 Only unit members at the affected school/site shall be eligible to vote in the waiver election. Eligible unit members shall be defined as any bargaining unit member working at the school/site for any part of her/his job description, and who is a member of the Association. 4.16.3.3.2 4.9.3.3.2 The election shall be conducted at the school/site according to the election procedures established in the CUEA Bylaws/Standing Rules. 4.16.3.3.3 4.9.3.3.3 The Association shall prepare a ballot indicating specifically which section(s) of the collective bargaining agreement need to be waived in order to implement the school/site plan, the length of the waiver period, which shall not exceed one school year, and asking each eligible member to vote “yes” or “no” on each requested waiver. 4.16.3.3.4 4.9.3.3.4 The ballots shall be counted at the Association office by unit members, appointed by the President, who do not work at the school/site in which the election took place. School/site unit members may choose an observer to be present during the counting of the ballots. 4.16.3.3.5 4.9.3.3.5 If no less than 75 percent of the members eligible to vote at the school/site (or of eligible members voting) vote “yes” on the waiver, the waiver shall be agreed to. 4.16.3.3.6 4.9.3.3.6 If the waiver is agreed to in the election described above, the Association President shall, in writing, so notify the District, specifying that the waiver applies only to the school/site which conducted the election, that the waiver is valid for only the period specified in the election, which shall not exceed one year, the waiver must be renewed annually following the above procedures, and the waiver does not set a collective bargaining precedent or a precedent for any other school/site.site.‌‌‌ 4.16.3.3.7 4.9.3.3.7 The process for granting waivers herein shall be completed no later than April 1 of the year prior to the year the waiver(s) takes effect.