AGREEMENTS CONTRARY TO LAW. If any provisions of this Agreement or any application of the Agreement to any teacher or group of teachers shall be found contrary to state or federal law, then this provision or application shall be deemed invalid except to the extent permitted by law, but all other provisions hereof shall continue in full force and effect. The provision in question shall be renegotiated by the parties.
AGREEMENTS CONTRARY TO LAW. If any provision of this Agreement or any application of the Agreement to any teacher or group of teachers shall be found contrary to law by a court of last resort or by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided for doing so, then such provisions or application shall be deemed invalid, except to the extent permitted by law, but all other provisions hereof shall continue in full force and effect.
AGREEMENTS CONTRARY TO LAW. If any provision of this Agreement or any application of this Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law; but all other provisions or applications shall continue in full force and effect.
AGREEMENTS CONTRARY TO LAW. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law by a court of last resort or by a court of competent jurisdiction from whose final judgment no appeal has been taken within the time provided for doing so, then such provision or application shall be deemed invalid, except to the extent permitted by law, but all other provisions hereof shall continue in full force and effect. Those affected provisions shall be subject to negotiations for resolution.
AGREEMENTS CONTRARY TO LAW. If any provision of this Agreement or any application of all or any part of a provision shall be found contrary to law, then such provision, or part thereof, or application thereof, shall be deemed invalid, but other provisions hereof shall continue in full force and effect.
AGREEMENTS CONTRARY TO LAW. A. If any provision of this agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law; but all other provisions or applications shall continue in full force and effect.
B. If an emergency financial manager is appointed by the State under the Fiscal Accountability Act the emergency manager may reject, modify, or terminate the collective bargaining agreement in his/her sole discretion. This authority is a prohibited subject of bargaining under the Public Employment Relations Act (PERA).
AGREEMENTS CONTRARY TO LAW. If any provision of this agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law; but all other provisions or applications shall continue in full force and effect. The Board and the Association acknowledge that should an emergency manager be appointed to manage the district the following provisions of Act No. 9 of Public Acts of 2011 will be followed:
1. Each collective bargaining agreement entered into between a public employer and public employees under this act after the effective date of the amendatory act that added this subsection shall include a provision that allows an emergency manager appointed under the local government and school district fiscal accountability act to reject, modify, or terminate the collective bargaining agreement as provided in the local government and school district fiscal accountability act. Provisions required by this subsection are prohibited subjects of bargaining under this act.
2. Collective bargaining agreements under this act may be rejected, modified, or terminated pursuant to the local government and school district fiscal accountability act. This act does not confer a right to bargain that would infringe on the exercise of powers under the local government and school district fiscal accountability act.
3. A unit of local government that enters into a consent agreement under the local government and school district fiscal accountability act is not subject to subsection (1) for the term of the consent agreement, as provided in the local government and school district fiscal accountability act.
