Common use of Program Regulations Clause in Contracts

Program Regulations. Section 1. SEIU acknowledges receipt of a copy of the State and Federal program and licensing regulations currently in effect. Said Licensing and Program Regulations may be amended from time to time. Any changes or updates to such regulations shall become effective and control over any inconsistent provision of this Agreement. In such event the Agency will provide any further amendments or revisions to the SEIU within ten (10) working days of receiving written notice from the aforementioned State and Federal programs. Section 2. SEIU acknowledges the role of the State and Federal Governments in the licensing, permitting and operation of Head Start sites and programs and acknowledges that these agencies have exclusive jurisdiction over all matters pertaining to child care and Head Start programming, including without limitation: criminal record clearances, licensing eligibility, permits for job classifications and sites, compliance with all applicable federal, state and local laws and regulations, compliance with internal controls, compliance with regulatory directives and demands, protection of program assets and compliance with safety and health guidelines as determined appropriate by the agencies. SEIU further acknowledges that these policies require that all employees have criminal background clearances, be licensed and permitted by the State of California in order to work at child care or Head Start sites and acknowledges and agrees that a current, effective background clearance and permit is a condition for the employment of all employees covered hereunder. Section 3. In the event of any action taken by the licensing agencies which would require the discipline, suspension or termination of employment of an employee, due to the revocation of his/her license or permit or otherwise, any such decision shall be subject to the review and dispute resolution provisions in the licensing and permitting regulations in effect at the time, which shall be the exclusive remedy for any claim arising therefrom. There shall be no grievance or arbitration proceedings pertaining to any such action. In the event that an employee elects to challenge or appeal any action taken by a licensing agency which would affect the employee’s employment status, the Union shall give notice of such challenge or appeal to the Agency. Upon receipt of such notice, the Agency shall place the employee on suspension pending the resolution of the appeal or challenge. If the appeal or challenge is sustained, such that the employee remains eligible for employment, he or she shall be returned to the position previously held, without back pay or benefits, but with no loss in seniority.