AGREEMENT CONTROL. 1. This Agreement shall be governed and construed according to federal law and the Constitution and laws of the State of New Mexico. If any provision of this Agreement shall be found contrary to law, such provision shall have effect only to the extent permitted by law; but all other provisions of this Agreement shall continue in full force and effect. In the event any provision of this Agreement is found contrary to law, said provision shall be void.
2. This Agreement is entered into pursuant to the terms of the Albuquerque Public Schools Employee Relations Policy H.01 (Labor Relations Policy).; and should there be any conflict between the terms of this Agreement and the terms of the Board's Policy, as adopted on May 1985, and last revised in August 2020 to reflect changes made to the Public Employee Bargaining Act (PEBA) made in May 2020, the Policy H.01 and state law shall control.
a. If any provision of this Agreement shall be found in conflict with Policy H.01., such provision shall have effect only to the extent permitted by Policy H.01.
b. In the event any provision of this Agreement is found to be in conflict with Policy H.01., said provision shall be void.
3. In case of any conflict between the provisions of this Agreement and any Board or Federation policy, practice, procedure, custom, or writing, except as provided in paragraph B.2. above, the provisions of the Agreement shall control for the period of this Agreement.
4. This Agreement and amendments thereto at the time of adoption shall be distributed to all educators of the District. The terms and conditions of employment as indicated in this Agreement shall be the same for all educators and shall be applied equally without modifications or exception unless provided herein.
AGREEMENT CONTROL. 5.1 If any College policy, regulation or directive is in specific conflict with any provision of this Agreement, the Agreement shall control.
5.2 This Agreement may only be modified or waived through a written agreement between the College and the SFCC-AAUP.
5.3 The parties (the College or SFCC-AAUP, and bargaining unit employees) will abide by the conditions of this Agreement and all other College policies, rules, regulations, and practices. The College reserves the right to amend said policies, rules, regulations and practices so long as such amendment does not specifically conflict with any provision of this Agreement. College policies, rules, regulations and practices other than this Agreement are not subject to the grievance procedure contained in this Agreement. Said policies, rules, regulations and practices shall not be interpreted as being an extension of this Agreement. If this Agreement is silent on a particular issue it shall be considered a retained management right and is not subject to the grievance procedure contained in this Agreement. The parties acknowledge that this provision does not prohibit the Union from raising issues covered by these policies in negotiations for a successor agreement.
AGREEMENT CONTROL. 4.1 This Agreement has been executed and will be implemented in accordance with the Constitution and laws of the State of New Mexico.
4.2 If any University policy, regulation, or directive conflicts with any provision of this Agreement, the Agreement provision will control. Any changes to university policy affecting working conditions shall be negotiated through collective bargaining.
4.3 This Agreement may only be modified or waived through a written agreement between the parties.
4.4 The University will not implement any change that specifically conflicts with, and will abide by, the terms of the Agreement.
4.5 Unless otherwise specifically stated herein, the provisions of this Agreement shall be applied to all members of the Bargaining Unit.
4.6 This Agreement supersedes the Faculty Handbook with respect to members of the Bargaining Unit for any matter addressed in this Agreement. For those issues not covered in this Agreement, but covered in the Faculty Handbook, the most recent Faculty Handbook shall apply.
AGREEMENT CONTROL. A. This Agreement has been executed and will be implemented in accordance with the Laws of the State of New Mexico.
B. If any District policy, regulation, or directive is in conflict with any provision of this Agreement, the language of this Agreement shall control.
C. Unless otherwise specifically stated herein, the provisions of this Agreement shall apply equally to all employees. The provisions, conditions, and requirements of this Agreement shall apply only as specifically identified for each employee classification.
AGREEMENT CONTROL. A. If any District policy, regulation, or directive is in specific conflict with any provision of this Agreement, the Agreement provision will control. Board of Education sanctioned rules and regulations, administrative directives, department rules and regulations, and work place practices as amended shall control unless there is a conflict with this Negotiated Agreement. When a conflict exists, this Negotiated Agreement will control.
B. The parties, by mutual written agreement, may modify this Agreement.
C. The District will not implement any change that is in specific conflict with this Agreement.
D. Unless otherwise specifically stated herein, the provisions, conditions, and requirements of this Agreement shall apply to all employees in the bargaining unit.
AGREEMENT CONTROL. 4.1 This Agreement has been executed and will be implemented in accordance with the Constitution and laws of the State of New Mexico.
4.2 If any University policy, regulation, or directive conflicts with any provision of this Agreement, the Agreement provision will control. As per the Public Employees Bargaining Act (PEBA) (10-7E-17), any changes to University policy affecting wages, hours, all other terms and conditions of employment, and other issues agreed to by both parties shall be negotiated through collective bargaining. Additionally, as per PEBA (10-7E-17), part 2 D: The impact of professional and instructional decisions made by the employer is a mandatory subject of bargaining.
4.3 This Agreement may only be modified or waived through a written agreement between the parties.
4.4 The University will not implement any change that specifically conflicts with, and will abide by, the terms of the Agreement.
4.5 Unless otherwise specifically stated herein, the provisions of this Agreement shall be applied to all members of the Bargaining Unit.
4.6 This Agreement supersedes the Faculty Handbook with respect to members of the Bargaining Unit for any matter addressed in this Agreement. For those issues not covered in this Agreement, but covered in the Faculty Handbook, the most recent Faculty Handbook shall apply.
AGREEMENT CONTROL. 1. This Agreement shall be governed and construed according to the Constitution and laws of the State of New Mexico. If any provision of this agreement shall be found contrary to law, such provision shall have effect only to the extent permitted by law. All other provisions of the Agreement shall continue in full force and effect. In the event any provision of this Agreement is found contrary to law, said provisions shall be void.
2. If any District Policy, Regulation, or Directive is inconsistent with any provision of this Agreement, the Agreement provision will control.
3. If any provisions of this Agreement conflict with a grant’s program, policy or regulation, the parties will negotiate resolution of such conflict. Other contract provisions will remain in full force and effect.
4. This agreement may only be modified or waived through a written agreement between the parties.
AGREEMENT CONTROL. This Agreement has been negotiated in accordance and compliance with the Employer’s Labor-Management Relations Ordinance and the laws of the State of New Mexico. If there is any conflict between the Agreement and the Labor- Management Relations Ordinance, the Ordinance shall control. If there is any conflict between this Agreement and the Employer’s Merit System Ordinance, department Standard Operating Procedures (SOP), Policies or Personnel Rules and Regulations, this Agreement shall control.
AGREEMENT CONTROL. 5.1 This Agreement has been executed and will be implemented in accordance with the Constitution and laws of the United States of America and the State of New Mexico.
5.2 If any College policy, regulation, handbook, or directive conflicts with any provision of this Agreement, the Agreement provision will control.
5.3 This Agreement may only be modified or waived through a written agreement between the College and the Federation.
5.4 The College will not implement any change that specifically conflicts with, and will abide by, the terms of this Agreement and applicable College policies, rules, handbooks and regulations. The Federation and the faculty will abide by the conditions of this Agreement and applicable College policies, rules and regulations.
5.5 Unless otherwise specifically stated herein, the provisions of this Agreement shall be applied equally to all members of the bargaining unit.
5.6 Any proposed addition, deletion, or change to any provision of the NNMC Faculty Handbook that involves terms and conditions of employment of faculty bargaining unit members may be negotiated by the College and the Federation into this Agreement.
AGREEMENT CONTROL. A. If any policy, regulation, or directive of the Employer is in specific conflict with any provision of this Agreement, the Agreement provision will control. By mutual written agreement, the parties may modify this Agreement.
B. The Employer will not implement any change that is in specific conflict with this Agreement. The Employer, the Union, and the employees will abide by the conditions of this Agreement and applicable Employer policy.
C. Unless otherwise specifically stated herein, the provisions, conditions, and requirements of this Agreement shall apply to all employees in the bargaining unit as defined in the Recognition article.
D. Any provisions not specifically addressed in this Agreement will default to Federal, New Mexico State Statutes, and Xxxx Ana County Rules and Regulations.
E. The Sheriff and the Union Bargaining Agent may enter into Memoranda of Understanding (MOU) to address specific operational issues or administrative issues that do not affect compensation or other financial cost to the county that would extend beyond this current fiscal year. A MOU shall be recognized for the duration set out in the MOU or if not specified until it rescinded by mutual agreement. All MOUs will expire upon the expiration of this contract.
