Common use of AMENDMENTS AND/OR MODIFICATIONS TO ARTICLE VII Clause in Contracts

AMENDMENTS AND/OR MODIFICATIONS TO ARTICLE VII. In the exercise of its management prerogative over the subject matter, the Employer may make modifications and amendments to the procedures wherever required by new or changing conditions or as otherwise deemed necessary by the Employer to effectuate an assignment and transfer procedure in the best interest of the school system. Any such modifications or amendments shall be completed by the Employer prior to the commencement of the assignment and transfer program for each school year and not later than the last working day of August of that school year. The Employer will give notice to the Association of all such modifications or amendments to the procedures by transmitting to the Association a true and correct copy of the modifications or amendments. If, in the opinion of the Association, the modifications or amendments adversely affect or materially impair any substantive rights of a teacher(s) as set forth or incorporated in Article VII - Assignments and Transfers, the Association will state its position or objection in writing within ten (10) calendar days from the receipt of such modifications or amendments. The Employer will bargain in good faith with the Association on all points or objections raised by the Association against the modifications or amendments, but the Employer shall not be compelled to agree to any point or objection raised by the Association which the Employer in good faith believes would interfere with the right of the public employer to carry out its assignment and transfer program. If the parties cannot agree that the Association’s objections or proposals do not so interfere, and the matter remains in impasse for fourteen (14) calendar days after the Employer’s receipt of the Association’s objections, the matter shall be submitted to final and binding arbitration in accordance with the procedures set forth in Article V, Section I-Arbitration, of this Agreement, provided that: 1) no assignment or transfer under the procedures as modified and amended shall be carried out prior to a final and binding arbitration award, but 2) all disputes or impasses to be resolved by arbitration under this section must be completed on or before the last working day of September of the respective school year.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

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AMENDMENTS AND/OR MODIFICATIONS TO ARTICLE VII. In the exercise of its management prerogative over the subject matter, the Employer may make modifications and amendments to the procedures wherever required by new or changing conditions or as otherwise deemed necessary by the Employer to effectuate an assignment and transfer procedure in the best interest of the school system. Any such modifications or amendments shall be completed by the Employer prior to the commencement of the assignment and transfer program for each school year and not later than the last working day of August of that school year. The Employer will give notice to the Association of all such modifications or amendments to the procedures by transmitting to the Association a true and correct copy of the modifications or amendments. If, in the opinion of the Association, the modifications or amendments adversely affect or materially impair any substantive rights of a teacher(s) as set forth or incorporated in Article VII - Assignments and Transfers, the Association will state its position or objection in writing within ten (10) calendar days from the receipt of such modifications or amendments. The Employer will bargain in good faith with the Association on all points or objections raised by the Association against the modifications or amendments, but the Employer shall not be compelled to agree to any point or objection raised by the Association which the Employer in good faith believes would interfere with the right of the public employer to carry out its assignment and transfer program. If the parties cannot agree that the Association’s objections or proposals do not so interfere, and the matter remains in impasse for fourteen (14) calendar days after the Employer’s receipt of the Association’s objections, the matter shall be submitted to final and binding arbitration in accordance with the procedures set forth in Article V, Section I-Arbitration, of this Agreement, provided that: 1) no assignment or transfer under the procedures as modified and amended shall be carried out prior to a final and binding arbitration award, but 2) all disputes or impasses to be resolved by arbitration under this section must be completed on or before the last working day of September of the respective school year.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

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AMENDMENTS AND/OR MODIFICATIONS TO ARTICLE VII. In the exercise of its management prerogative over the subject matter, the Employer may make modifications and amendments amend- ments to the procedures wherever required by new or changing conditions or as otherwise deemed necessary by the Employer Em- ployer to effectuate an assignment and transfer procedure in the best interest of the school system. Any such modifications or amendments shall be completed by the Employer prior to the commencement of the assignment and transfer program for each school year and not later than the last working day of August September 15 of that school year. The Employer will give notice to the Association of all such modifications or amendments to the procedures by transmitting to the Association a true and correct copy of the modifications or amendments. If, in the opinion of the Association, the modifications or amendments adversely affect or materially impair any substantive rights of a teacher(s) as set forth or incorporated in Article VII - Assignments and TransfersTrans- fers, the Association will state its position or objection in writing within ten (10) calendar days from the receipt of such modifications or amendments. The Employer will bargain in good faith with the Association on all points or objections raised by the Association against the modifications or amendments, but the Employer shall not be compelled to agree to any point or objection raised by the Association As- sociation which the Employer in good faith believes would interfere with the right of the public employer to carry out its assignment as- signment and transfer program. If the parties cannot agree that the Association’s objections or proposals do not so interfereinter- fere, and the matter remains in impasse for fourteen (14) calendar days after the Employer’s receipt of the Association’s objectionsob- jections, the matter shall be submitted to final and binding arbitration in accordance with the procedures set forth in Article V, Section IG-Mediation/Arbitration, of this Agreement, provided that: 1) no assignment or transfer under the procedures as modified and amended shall be carried out prior to a final and binding arbitration award, but 2) all disputes or impasses to be resolved by arbitration under this section must be completed on or before the last working day of September October 22 of the respective school year.

Appears in 1 contract

Samples: Agreement

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