JURISDICTION AND AUTHORITY Clause Samples
The Jurisdiction and Authority clause defines which court or legal body has the power to interpret and enforce the terms of the agreement. Typically, it specifies a particular geographic location or legal system where any disputes arising from the contract must be resolved, such as designating the courts of a specific state or country. This clause provides certainty for both parties by clarifying where legal proceedings will take place, thereby reducing confusion and potential conflicts over which laws apply and which courts have authority.
JURISDICTION AND AUTHORITY. (i) Subject to the jurisdiction vested in an arbitrator or Arbitration Board under Part 8 of the Labour Relations Code of B.C., the Arbitrator shall have jurisdiction and authority to interpret and apply the provisions of this Agreement insofar as it may be necessary to the determination of the grievance referred to him/her. He/she shall not have the jurisdiction to alter, amend, add to or delete from any of the provisions of this Agreement, or make any decision which is inconsistent with the provisions of this Agreement;
(ii) The Arbitrator shall have the authority to allow all reasonable amendments to the grievance, and the authority to waive procedural irregularities in the processing of the grievance, in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case;
(iii) Where a difference arises between the parties involving the question as to whether a matter is arbitrable, that issue shall be referred to the Arbitrator and that reference may stipulate that the issue of arbitrability is to be determined as a preliminary question.
JURISDICTION AND AUTHORITY. 14.1 The Board, subject only to the language of this Agreement, reserves to itself full jurisdiction and authority over matters of policy and retains the right in accordance with applicable laws and regulations to direct and manage all activities of the District.
14.2 The parties understand that neither the Board nor the Superintendent may lawfully delegate the powers which by law are vested in them, and this Agreement shall not be construed so as to limit or impair these respective statutory powers.
14.3 In the event that any provision of this Agreement is ultimately ruled invalid for any reason by an authority of established and competent legal jurisdiction, the balance and remainder of this Agreement shall remain in full force and effect. Further, the parties agree to meet within fifteen (15) days to negotiate a new provision within the limits established by said authority using the procedure outlined herein.
JURISDICTION AND AUTHORITY. OF THE SCHOOL BOARD 6 [2.1] Board Authority 6 [2.2] Reservation Of Authority 6
JURISDICTION AND AUTHORITY. OF THE SCHOOL BOARD 3 ARTICLE III...............NEGOTIATIONS PROCEDURES 4 ARTICLE IV...............TEACHER AND ASSOCIATION RIGHTS AND RESPONSIBILITIES 5 ARTICLE V ................GRIEVANCE PROCEDURE 7 ARTICLE VI...............TEACHING ASSIGNMENTS 12 ARTICLE VII .............TEACHER EVALUATION 14 ARTICLE VIII............SCHOOL CALENDAR 16 ARTICLE IX...............PROFESSIONAL IMPROVEMENT 16 ARTICLE X.................HEALTH INSURANCE 18
JURISDICTION AND AUTHORITY. 18.1 The Board, subject to the language of this Agreement, reserves to itself full jurisdiction and authority over matters of policy and retains the right in accordance with applicable laws and regulations to direct and manage all activities of the District.
18.2 The parties understand that neither the Board nor the Superintendent may lawfully delegate the powers which by law are vested in them, and this Agreement shall not be construed so as to limit or impair these respective statutory powers.
18.3 In the event that any provision of this Agreement is ultimately ruled invalid for any reason by an authority of established and competent legal jurisdiction, the balance and remainder of this Agreement shall remain in full force and effect. Further, the parties agree to meet within fifteen (15) days from the date of said ruling to negotiate a new provision within the limits established by said authority using the procedures outlined herein.
18.4 Notwithstanding any other provision in this agreement, any payment to an employee otherwise due upon his/her retirement shall be reduced by such amount as is necessary to prevent the District from being assessed a spiking penalty by the New Hampshire Retirement System. Any payment withheld under this article shall be due and payable 121-150 daysafter theemployees’ retirement so astopreventthe District from being assessed a spiking penalty by the New Hampshire Retirement System.
JURISDICTION AND AUTHORITY. 14.1 The Board, subject only to the language of this Agreement, reserves to itself full jurisdiction and authority over matters of policy and retains the right in accordance with applicable laws and regulations to direct and manage all activities of the District. Except as specifically limited by express provisions of this agreement, the School Board, either directly or acting through its designees, reserves the right to exercise management prerogatives to include, but not be limited to: unilaterally determine the standards of service to be offered by it; set the standards of selection of employees; select employees; direct and assign its employees; take disciplinary action; relieve its employees from duties because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which its operations are to be conducted; determine the content of job descriptions and classifications; allocate and reorganize positions and staffing; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the facilities, methods, means and technology of performing its work.
14.2 The parties understand that neither the Board nor the Superintendent may lawfully delegate the powers which by law are vested in them, and this Agreement shall not be construed so as to limit or impair these respective statutory powers.
14.3 In the event that any provision of this Agreement is ultimately ruled invalid for any reason by an authority of established and competent legal jurisdiction, the balance and remainder of this Agreement shall remain in full force and effect. Further, the parties agree to meet within fifteen (15) days to negotiate a new provision within the limits established by said authority using the procedure outlined herein.
JURISDICTION AND AUTHORITY. Inter-governmentalRelations 5.1.4.3 Structure of Government
JURISDICTION AND AUTHORITY. OF SCHOOL BOARD 4 ARTICLE 4 GRIEVANCE PROCEDURE 5 ARTICLE 5 VACANCIES 7 ARTICLE 6 ASSOCIATION RIGHTS AND BOARD RESPONSIBILITIES 7 ARTICLE 7 INSURANCE 8 ARTICLE 8 LEAVES 10 ARTICLE 9 HOLIDAYS 14 ARTICLE 10 DUES DEDUCTION 15 ARTICLE 11 EDUCATIONAL DEVELOPMENT 15 ARTICLE 12 EMPLOYEE RIGHTS AND PROTECTION 16 ARTICLE 13 WORK DAY, WEEK AND YEAR 17 ARTICLE 14 EVALUATION 18 ARTICLE 15 WAGES 19 ARTICLE 16 SAVINGS CLAUSE 21 ARTICLE 17 DURATION 22 APPENDIX A WAGE SCHEDULE ▇▇ ▇▇▇▇▇▇▇▇ ▇ GRIEVANCE RECORD 25 APPENDIX C DUES DEDUCTION AUTHORIZATION 26 APPENDIX D PARAPROFESSIONAL EMPLOYMENT CONTRACT ▇▇ ▇▇▇▇▇▇▇▇ ▇ PARAPROFESSIONAL OFFER TO EMPLOY LETTER 28 APPENDIX F SICK LEAVE BANK REQUEST FORM 29
JURISDICTION AND AUTHORITY a) The Arbitrator shall not have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein.
b) The Arbitrator shall be without authority to make a decision which is contrary to, or inconsistent with, applicable rules or regulations having the force and effect of law, or in violation of this Agreement.
c) The Arbitrator shall have no authority to impose upon the district any obligation the district has not assumed as evidenced by a provision in this Agreement.
d) In considering any grievance, the Arbitrator shall give due consideration to the statutory rights, powers, duties and obligations of the School District to efficiently manage and conduct the operations of the District, as provided for by law.
e) The Arbitrator shall have no power to add to, subtract from, disregard, alter or modify any term or terms from this Agreement, or to consider any term or condition not specifically provided for in this agreement, or to enter or imply any new provision into this agreement.
f) The Arbitrator shall have no authority to award salary amounts, benefits, damages or any other amounts in excess of the amounts specifically agreed upon in this Collective Bargaining Agreement.
g) It shall be clearly understood that any matter not specifically established within this agreement remains within the rights and prerogatives of the employer.
h) The Arbitrator shall be without power to make any decision involving the exercise of discretion by the Board of Trustees under the terms of applicable law or policy or the terms of this Agreement, or which is otherwise the responsibility of the Board to make.
JURISDICTION AND AUTHORITY. The Board retains the right, subject to the provisions of this Agreement and applicable laws, to manage the school district. Such “managerial policy” shall include, but not be limited to, the functions, programs and methods of the public employer, including the use of technology, the public employer’s organizational structure, and the selection, direction, deployment and number of its personnel, so as to continue public control of governmental functions. The parties understand that neither the Board nor the Superintendent may lawfully delegate power or authority which, by law, is vested in them, and this Agreement shall not be construed to constitute a delegation of the power or authority of either.