Matters Not Covered by This Agreement Clause Samples

Matters Not Covered by This Agreement. 1. Any matter not covered by this Agreement shall be resolved through negotiation by the Parties on the principle of common benefit. 2. This Agreement is performed by the Parties themselves. Neither Party shall transfer, subcontract or shift in any way any of its rights or obligations under this Agreement. 3. Any failure or delay of either Party to exercise any right or take any remedial measure under this Agreement shall not be construed or considered a waiver of any right or remedial measure under this Agreement. Any separate or partial exercise of any right or any remedial measure shall not impede further exercise of such a right or remedial measure at a later time. 4. Any of the contents of this Agreement shall not establish, evidence or imply the existence of any agency, partnership or joint venture relationship between the Parties. Neither Party shall act as or proclaim itself the agent of the other Party, nor make or claim that it is entitled to make any promise in other Party’s name. Without the written consent of Party A, Party B shall not transfer, subcontract or shift in any way any of its rights and obligations under this Agreement. 5. This Agreement becomes effective upon signature and seal of the legal representatives or authorized agents of the Parties.

Matters Not Covered by This Agreement. Recognizing that the Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that the obligation to engage in mid-term bargaining is limited to Articles reopened pursuant to Section 2-B above and to matters not covered by this Agreement.

Matters Not Covered by This Agreement. In the event that during the term of this Agreement either the Board or the Union desires a change in any wages, hours, terms or conditions of employment not covered by this Agreement, the party desiring the change shall notify the other party in writing of the specific change requested. A committee consisting of an equal number of Board and Union appointees shall meet to consider the requested change and any alternatives that may exist and make recommendations, if any, to the Board and Union. Upon approval by the Board and the Union Executive Board the recommendations shall be implemented. Where either party fails to approve the committee recommendations or where the committee decides to make no recommendation, the party which initiated these procedures may either withdraw its requested change or seek resolution through mediation by notifying the other party in writing of such intent. The party which initiated these procedures shall bear the cost of the mediator’s services. A permanent mediator shall be selected by the parties or the FMCS. Mediation shall continue for a period not to exceed thirty (30) calendar days or three (3) mediation sessions, whichever shall first occur, unless the parties jointly agree to extend such time limit. If such mediation fails to resolve the matter, the permanent mediator shall recommend a settlement in writing. The parties shall consider the settlement in good faith but neither shall be required to adopt or continue to bargain any such change notwithstanding any obligation under law to do so in the absence of this Provision.

Matters Not Covered by This Agreement. ‌ The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of the right and opportunity are set forth in this Agreement. Therefore, the Board and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter, referred to or covered in this Agreement, including the impact or effects of the Board’s exercise of its rights as set forth herein on salaries, fringe benefits or terms and conditions of employment, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

Matters Not Covered by This Agreement. Recognizing that the Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that the obligation to engage in mid-term bargaining is limited to subjects not covered by this Agreement.

Matters Not Covered by This Agreement. It is further recognized that this Agreement does not alter the responsibility of either party to meet with the other party to advise, discuss, or consult regarding matters concerning working conditions or conditions not covered by this Agreement.

Matters Not Covered by This Agreement. 23.1 In the event that no agreement can be reached the parties will use the dispute settlement process contained in clause 21 - Prevention and Settlement of Disputes of this Agreement to resolve the matter.

Matters Not Covered by This Agreement. Recognizing that the Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that the obligation to engage in mid-term bargaining is limited to Articles reopened pursuant to Section 2-B above and to matters not covered by this Agreement. A. Whenever the Agency decides to make a change which affects a condition of employment and is more than de minimis, it shall provide the Union President or designee reasonable written notice of the change at least fifteen (15) working days in advance of the anticipated date of implementation unless: (a) the change is already covered by this Agreement; and/or (b) the Union has already waived its right to bargain about the change. 1. The notice shall include a statement of: (a) the specific changes; (b) the general identity of the employees who will be impacted; and (c) the Agency’s designated representative for the issue. 2. If the Union wishes to negotiate on the proposed change, it shall notify management in writing within ten (10) workdays of receiving management’s notice. 3. The Union is not required to submit written proposals in advance of the start of bargaining, but shall make a good faith effort to do so. 4. Bargaining shall begin as soon as reasonably possible and as agreed by the parties but not later than fifteen (15) workdays after the Union’s receipt of management’s notice. Negotiations during which the parties make a good faith effort to reach agreement shall last no more than five (5) workdays or as agreed by the parties. 5. If no agreement is reached, each party shall have the full right of exercising its statutory and/or contractual rights, including moving the matter to mediation and to impasse. B. The parties recognize that the timeframes set in this Agreement to initiate bargaining are based upon normal circumstances and may occasionally need to be shortened to meet compelling operational needs. Management agrees not to set artificial deadlines for implementing changes in order to circumvent the normal timeframes. C. The foregoing is not intended, and shall not be interpreted, in any way so as to limit the Union’s right to demand to bargain over subjects not covered by this Agreement.

Matters Not Covered by This Agreement. Both parties shall resolve the matters not covered by this Agreement through mutual negotiation and execute a written agreement. Both this Agreement and the appendices attached hereto shall form the valid parts of this Agreement and the appendices shall have the same legal force and effect with this Agreement.