Common use of FULL UNDERSTANDING, MODIFICATION AND WAIVER Clause in Contracts

FULL UNDERSTANDING, MODIFICATION AND WAIVER. 17.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any or all prior or existing Memorandum of Understanding, understandings and agreements, whether formal or informal, are hereby superseded and terminated in their entirety. 17.2 Existing benefits within the scope of representation, provided by ordinance or resolution of the City Council or provided in the San ▇▇▇▇ Municipal Code, or provided in the Memorandum of Agreement shall be continued without change during the term of this Agreement. 17.3 It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Agreement be administered and observed in good faith. When the Department proposes to change any departmental rule or regulation, it will provide a copy of such change to the Union no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact and proceed under Section 1111 of the City Charter if no agreement is reached. 17.4 Although nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer or negotiate on any subject within the scope of representation during the term of this Agreement, it is understood and agreed that neither party may require the other party to meet and confer or negotiate on the subject matter covered herein. This provision shall not apply to matters covered by the provisions entitled "Consolidated Arbitration," in the Grievance Procedure herein. 17.5 Both parties agree that, at the request of the other, the first negotiation session shall occur during the first full week of the month of April immediately prior to the contract expiration.

FULL UNDERSTANDING, MODIFICATION AND WAIVER. 17.1 9.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any or and all prior or existing Memorandum Memoranda of Understanding, understandings and agreements, whether formal or informal, are hereby superseded and terminated in their entirety. 17.2 9.2 Existing benefits within the scope of representation, provided by ordinance or resolution of the City Council or as provided in the San ▇▇▇▇ Municipal Code, or provided Code and which are referenced in the Memorandum of Agreement shall be continued without change during provided in accordance with the term terms of this the Agreement. 17.3 9.3 It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Agreement be administered and observed in good faith. When the Department proposes to change any departmental rule or regulation, it will provide a copy of such change to the Union no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact and proceed under Section 1111 of the City Charter if no agreement is reached. 17.4 9.4 Although nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer or negotiate on any subject within the scope of representation during the term of this Agreement, it is understood and agreed that neither party may require the other party to meet and confer or negotiate on the any subject matter covered hereinherein or with respect to any other matter within the scope of representation during the term of this Agreement. 9.5 The City agrees to meet and confer with the Union prior to contracting out work currently performed by bargaining unit members whenever such contracting out would result in material reduction of work done by bargaining unit members or would have significant adverse impact on bargaining unit work. This provision shall not apply to matters covered by the provisions entitled "Consolidated Arbitration," It is agreed that position reductions, which result in lay-off of employees in the Grievance Procedure hereinbargaining unit constitute significant impact on bargaining unit work. 17.5 Both 9.6 Notwithstanding any other provision of this Agreement, the parties agree that, at the to meet and confer over retirement benefits upon request of either party in the otherevent that the pension modification ballot measure, also known as Measure B, in part or in whole, is declared invalid or otherwise modified or changed by any court of competent jurisdiction or any other administrative process, or by any applicable State or Federal law or regulation. Negotiations between the first negotiation session City and ABMEI shall occur during commence within 14 days upon notice from either party that any action referenced in the first full week of the month of April immediately prior previous paragraph has occurred. The City and ABMEI shall negotiate in good faith in an effort to the contract expirationreach a mutual agreement. Applicable impasse procedures shall apply.

FULL UNDERSTANDING, MODIFICATION AND WAIVER. 17.1 ‌ 23.1 This Agreement agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any or all other prior or existing Memorandum of Understanding, understandings and agreementsunderstanding or agreements by the parties, whether formal or informal, regarding any such matters contained herein are hereby superseded and or terminated in their entirety. 17.2 Existing benefits within the scope of representation, 23.2 Except as specifically provided by ordinance or resolution of the City Council or provided in the San ▇▇▇▇ Municipal Code, or provided in the Memorandum of Agreement shall be continued without change during the term of this Agreement. 17.3 It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Agreement be administered and observed in good faith. When the Department proposes to change any departmental rule or regulationherein, it will provide a copy of such change is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to the Union no less than seven (7) days prior negotiate with respect to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact and proceed under Section 1111 of the City Charter if no agreement is reached. 17.4 Although nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer or negotiate on any subject or matter covered herein or with respect to any other matters within the scope of representation during the term of this Agreementagreement. 23.3 No agreement, it alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding on the parties thereto unless made and executed by all parties. 23.4 In the event any new practice, subject or matter arises during the term of this agreement, that is understood within the scope of meet and agreed that neither party may require confer, and an action is proposed by City, Association shall be afforded all possible advance notice and shall have the other party right to meet and confer or negotiate upon request. In the absence of an agreement on such a proposed action, City reserves the subject matter covered hereinright to take necessary action by management direction. 23.5 Nothing herein shall limit the authority of City to make necessary and reasonable changes during emergencies. This provision However, City shall notify Association of such changes as soon as practicable. Such emergency assignments shall not apply to matters covered extend beyond the period of the emergency. 23.6 The waiver of any breach, term or condition of this Memorandum of Understanding by the provisions entitled "Consolidated Arbitration," either party shall not constitute a precedent in the Grievance Procedure hereinfuture enforcement of all of its terms and provisions. 17.5 Both parties agree that, at the request of the other, the first negotiation session shall occur during the first full week of the month of April immediately prior to the contract expiration.