Common use of TERM AND SEPARABILITY OF PROVISIONS Clause in Contracts

TERM AND SEPARABILITY OF PROVISIONS. Section 16.1 The term of this agreement shall be September 1, 2013 to August 31, 2016. Section 16.2 This agreement may be reopened annually for review of the district contribution to the benefit pool and current salary data by request of the Association. In addition the agreement may be reopened and modified at any time during its term upon mutual consent of the parties in writing. Section 16.3 If any provision of this agreement or the application of any such provision is deemed invalid, the remainder of this agreement shall not be affected thereby. Section 16.4 Neither party shall be compelled to comply with any provision of this agreement which conflicts with state or federal statutes or regulations promulgated pursuant thereto. Section 16.5 In the event either of the two (2) previous sections is determined to apply to any provision of this agreement, such provision shall be renegotiated. The concept of “due process” (as mentioned in Article X, Section 1) requires that there be fundamental fairness in decisions related to the discipline and discharge of employees. Arbitrators have articulated many definitions and explanations of “due process” over the years, including, but not limited to the following tests: 1. Did the employer give the employee forewarning or foreknowledge of possible or probable disciplinary consequences of the employee’s conduct? 2. Was the employer’s rule or managerial order reasonably related to the orderly, efficient, and safe operation of business? 3. Did the employer, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? 4. Was the employer’s investigation conducted fairly and objectively? 5. At the investigation, did the ‘judge’ obtain substantial evidence or proof that the employee was guilty as charged? 6. Has the employer applied its rules, orders, and penalties evenhandedly and without discrimination to all employees? 7. Was the degree of discipline administered by the employer in a particular case reasonably related to (a) the seriousness of the employee’s proven offense and (b) the record of the employee in his or her service with the employer? Name Department Job Title Length of Service What was your main reason for leaving North Kitsap? Check all that apply.

TERM AND SEPARABILITY OF PROVISIONS. Section 16.1 17.1 The term of this agreement shall be September 1, 2013 2018 to August 31, 20162021. Section 16.2 17.2 This agreement may be reopened annually for review of the district contribution to the benefit pool and current salary data by request of the Association. In the event the legislature increases or decreases District revenue formulas applicable to funding (including, but not limited to, levy capacity, levy equalization, the inflationary index, regionalization or salary compliance), or amends the manner in which such funds may be used, the parties agree to reopen this agreement at the written request of the District or Association to negotiate the impact of such legislative actions. Additionally, the parties agree to reopen this agreement at the written request of the District or Association in the event of a local levy failure or in the event the state implements a state based benefit program (i.e. SEBB). In addition the agreement may be reopened and modified at any time during its term upon mutual consent of the parties in writing. Section 16.3 17.3 If any provision of this agreement or the application of any such provision is deemed invalid, the remainder of this agreement shall not be affected thereby. Section 16.4 17.4 Neither party shall be compelled to comply with any provision of this agreement which conflicts with state or federal statutes or regulations promulgated pursuant thereto. Section 16.5 17.5 In the event either of the two (2) previous sections is determined to apply to any provision of this agreement, such provision shall be renegotiated. The concept of “due process” (as mentioned in Article X, Section 1) requires that there be fundamental fairness in decisions related to the discipline and discharge of employees. Arbitrators have articulated many definitions and explanations of “due process” over the years, including, including but not limited to the following tests: 1. Did the employer give the employee forewarning or foreknowledge of possible or probable disciplinary consequences of the employee’s conduct? 2. Was the employer’s rule or managerial order reasonably related to the orderly, efficient, and safe operation of business? 3. Did the employer, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? 4. Was the employer’s investigation conducted fairly and objectively? 5. At the investigation, did the ‘judge’ obtain substantial evidence or proof that the employee was guilty as charged? 6. Has the employer applied its rules, orders, and penalties evenhandedly and without discrimination to all employees? 7. Was the degree of discipline administered by the employer in a particular case reasonably related to (a) the seriousness of the employee’s proven offense and (b) the record of the employee in his or her service with the employer? Name Department Job Title Length of Service What was your main reason for leaving North Kitsap? Check all that apply.

TERM AND SEPARABILITY OF PROVISIONS. Section 16.1 The term of this agreement shall be September 1, 2013 2016 to August 31, 20162018. Section 16.2 This agreement may be reopened annually for review of the district contribution to the benefit pool and current salary data by request of the Association. In addition the agreement may be reopened and modified at any time during its term upon mutual consent of the parties in writing. Section 16.3 If any provision of this agreement or the application of any such provision is deemed invalid, the remainder of this agreement shall not be affected thereby. Section 16.4 Neither party shall be compelled to comply with any provision of this agreement which conflicts with state or federal statutes or regulations promulgated pursuant thereto. Section 16.5 In the event either of the two (2) previous sections is determined to apply to any provision of this agreement, such provision shall be renegotiated. The concept of “due process” (as mentioned in Article X, Section 1) requires that there be fundamental fairness in decisions related to the discipline and discharge of employees. Arbitrators have articulated many definitions and explanations of “due process” over the years, including, including but not limited to the following tests: 1. Did the employer give the employee forewarning or foreknowledge of possible or probable disciplinary consequences of the employee’s conduct? 2. Was the employer’s rule or managerial order reasonably related to the orderly, efficient, and safe operation of business? 3. Did the employer, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? 4. Was the employer’s investigation conducted fairly and objectively? 5. At the investigation, did the ‘judge’ obtain substantial evidence or proof that the employee was guilty as charged? 6. Has the employer applied its rules, orders, and penalties evenhandedly and without discrimination to all employees? 7. Was the degree of discipline administered by the employer in a particular case reasonably related to to (a) the seriousness of the employee’s proven offense and (b) the record of the employee in his or her service with the employer? Name Department Job Title Length of Service What was your main reason for leaving North Kitsap? Check all that apply.