Common use of ZIPPER CLAUSE Clause in Contracts

ZIPPER CLAUSE. 247. Except as may be amended through the procedure provided below, this Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult Probation. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 1998, except that this date may be extended for up to an additional three months if requested by either party, such Civil Service Rules and Administrative Code provisions shall be appended to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules and Administrative Code sections are appended to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

ZIPPER CLAUSE. 247216. Except as may be amended through the procedure provided belowherein, this Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult ProbationPRACTICE 217. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other Any past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249218. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 19982002, except that this date may be extended for up to an additional three months if requested by either party, such Civil Service Rules and Administrative Code provisions shall be appended to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules and Administrative Code sections are appended to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

ZIPPER CLAUSE. 247188. Except as may be amended through the procedure provided below, this This Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult ProbationPRACTICE 189. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other Any past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249190. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 1998, except that this date may be extended for up to an additional three months if requested by either party, such Such Civil Service Rules and Administrative Code provisions shall be appended by reference to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules and Administrative Code sections are appended by reference to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

ZIPPER CLAUSE. 247. Except as may be amended through the procedure provided below, this 210 This Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult ProbationPRACTICE 211. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other Any past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249212. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 1998, except that this date may be extended for up to an additional three months if requested by either party, such Civil Service Rules and Administrative Code provisions shall be appended to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules and Administrative Code sections are appended to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

ZIPPER CLAUSE. 247216. Except as may be amended through the procedure provided below, this This Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult ProbationPRACTICE 217. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other Any past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249218. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 1998, except that this date may be extended for up to an additional three months if requested by either party, such Such Civil Service Rules and Administrative Code provisions shall be appended by reference to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules and Administrative Code sections are appended by reference to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

ZIPPER CLAUSE. 247. 305 Except as may be amended through the procedure provided belowherein, this Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult Probation. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other PRACTICE 306 Any past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249. 307 Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 1998, except that this date may be extended for up to an additional three months if requested by either party, such Such Civil Service Rules and Administrative Code provisions shall be appended by reference to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. 308 As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules Rules and Administrative Code sections are appended by reference to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement. 309 The City and the individual unions agree to use all reasonable efforts to meet and confer promptly regarding proposed changes to the Civil Service Commission Rules.

ZIPPER CLAUSE. 247356. Except as may be amended through the procedure provided belowherein, this Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult ProbationPRACTICE 357. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other Any past practices and other understandings between the parties not expressly memorialized and incorporated into this Agreement shall no longer be enforceable. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249358. Nothing in this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended during the term of this Agreement and such changes shall not be subject to any grievance and arbitration procedure but shall be subject to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees covered by this contract. No later than January 1, 1998, except that this date may be extended for up to an additional three months if requested by either party, such Such Civil Service Rules and Administrative Code provisions shall be appended by reference to this Agreement and approved pursuant to the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. 359. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process of the Agreement. After such Civil Service rules Rules and Administrative Code sections are appended by reference to this Agreement, alleged violations of the appended provisions will be subject to the grievance and arbitration procedure of this Agreement.

ZIPPER CLAUSE. 247. Except as may be amended through the procedure provided below, this ‌ 27.01 This Agreement sets forth the full and entire understanding all of the parties regarding the matters herein. This Agreement may be modifiedterms, but only in writing, upon the mutual consent of the parties. 1. PAST PRACTICE (1) the arbitrator found a past practice of appointing supervisors by seniority at Juvenile Probation; (2) the arbitrator found a past practice at Juvenile Probation of filling specified positions on a permanent conditions and nonrotating basis; and (3) the arbitrator found a past practice and established policy of flextime schedules at Adult Probation. Except where these practices are expressly addressed in this Agreement, pursuant to the parties’ agreement in the prior Memorandum of Understanding, the parties agree that all other past practices and other understandings between the parties not expressly memorialized hereto, and incorporated into there are no terms, conditions or understandings, either oral or written, between them other than as herein set forth. No subsequent alternation, amendment, change or addition to this Agreement shall no longer be enforceablebinding on the parties hereto unless reduced to writing and signed by them. 2. CIVIL SERVICE RULES/ADMINISTRATIVE CODE 249. Nothing 27.02 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 matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties are set forth in this Agreement. The parties further understand that they have agreed to meet about any subjects relating to this Agreement shall alter the Civil Service Rules excluded from arbitration pursuant to Charter Section A8.409-3. In addition, such excluded Civil Service Rules may be amended and other matters of mutual concern during the term of this Agreement and such changes shall not be subject when requested. However, nothing in this Section obligates a party to reach agreement or to change this Agreement with respect to any grievance and arbitration procedure but shall be subject or matter specifically referred to meet and confer negotiations, subject to applicable law. The parties agree that, unless specifically addressed herein, those terms and conditions of employment that are currently set forth in the Civil Service Rules and the Administrative Code, are otherwise consistent with this Agreement, and are not excluded from arbitration under Charter Section A8.409-3 shall continue to apply to employees or covered by this contractAgreement. No later than January 1This Agreement replaces and supersedes all prior oral and written understandings, 1998agreements, except that this date may be extended for up and policies otherwise referred to an additional three months if requested or covered by either party, such Civil Service Rules and Administrative Code provisions shall be appended to this Agreement and approved pursuant to concludes all collective bargaining for the provisions of Charter Section A8.409, including submission for approval by the Board of Supervisors. As required by Charter Section A8.409-3, the Civil Service Commission retains sole authority to interpret and to administer all Civil Service Rules. Disputes between the parties regarding whether a Civil Service Rule or a component thereof is excluded from arbitration shall be submitted initially for resolution to the Civil Service Commission. All such disputes shall not be subject to the grievance and arbitration process duration of the Agreement. After such Civil Service rules and Administrative Code sections are appended Nothing in this Section relieves either party of their legal obligation to this Agreement, alleged violations bargain in good faith with respect to mandatory subjects of bargaining. ASEA APPENDIX A‌ Re: The Fire Engineers of the appended provisions Fire Department Hours of Work and Compensation The parties understand and agree that the following modifies Article 18 as it applies to ASEA – represented Employees in the job classifications of Fire Engineer. It is the parties’ intent to create a system which is flexible to allow for anticipated as well as unanticipated operational needs of a small department but which also assures Employees some level of certainty with regard to their hours of work. It is also the parties’ intent to compensate Employees in a fair and reasonable manner for the work performed as Fire Engineers consistent with the FLSA. 1. The designated work period shall be fourteen (14) days. 2. Employees shall be scheduled to work a 96 hours, comprised of four (4) 24- hour shifts, in a 14-day period. 3. Training and Drills Duty. Employees may also be scheduled to be on duty up to four (4) additional hours for training or drills at the straight time rate of pay before overtime shall accrue in a 14-day period. If scheduled for training and drills, no overtime shall be paid until one-hundred (100) hours have been worked. If a call comes into the station while the Employees are in training or drills, the call will be subject paid at straight time rate of pay for all hours worked up to the grievance and arbitration procedure one hundred (100) hours. 4. Except as provide in paragraph 3 above, hours worked in excess of this Agreement.ninety-six