Common use of COMPLETE AGREEMENT/PAST PRACTICE Clause in Contracts

COMPLETE AGREEMENT/PAST PRACTICE. Section 1. This Agreement incorporates the sole and complete agreement between the parties resulting from negotiations held pursuant to the provisions of ORS 243.650 et. seq. It is acknowledged that, during negotiations which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter for collective bargaining, and that understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, if any, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter covered by this Agreement. The Union further agrees to waive the right to bargain over any other mandatory subject of bargaining Labor Relations Unit during the life of the Agreement unless the Agency seeks to change an existing or establish a new written policy as outlined in Sections 3-8 of this Article. This Agreement shall not be modified in whole or in part except by another written instrument duly executed by the Employer and the Union. Section 2. The parties agree that the Labor Relations Unit Rules and Practices and Agency procedures relating to their implementation are without effect upon the Employer or members of the bargaining unit. Section 3. Any meeting requested under this Article shall occur within five (5) days of: a. The Union's request to negotiate when the parties are in agreement that the subject is a mandatory subject of bargaining; or b. An Employment Relations Board ruling that the issue is a mandatory issue of bargaining. If agreement is reached, it shall be reduced to writing and signed by both parties. If the parties are unable to reach agreement within fourteen (14) days following the negotiations and the Union continues to believe the written policy to be unreasonable, it shall notify the Employer of its intent to subject the matter to arbitration. Such written notification must be made during the fifteen (15) day period immediately following the above mentioned fourteen (14) day period. Failure to file such written notification within the prescribed time shall be understood by both parties to waive the Union's right to any further objection. Section 4. Should the Union decide to carry the matter to arbitration, the parties shall meet within the five (5) days immediately following receipt of notification of the Union's desire to arbitrate to select an arbitrator. Selection of an arbitrator shall be prescribed in Article 12 (

COMPLETE AGREEMENT/PAST PRACTICE. ‌ Section 1. This Agreement incorporates the sole and complete agreement between the parties resulting from negotiations held pursuant to the provisions of ORS 243.650 et. seq. It is acknowledged that, during negotiations which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter for collective bargaining, and that understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, if any, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter covered by this Agreement. The Union further agrees to waive the right to bargain over any other mandatory subject of bargaining Labor Relations Unit during the life of the Agreement unless the Agency seeks to change an existing or establish a new written policy as outlined in Sections 3-8 of this Article. This Agreement shall not be modified in whole or in part except by another written instrument duly executed by the Employer and the Union. Section 2. The parties agree that the Labor Relations Unit Rules and Practices and Agency procedures relating to their implementation are without effect upon the Employer or members of the bargaining unit. Section 3. Any meeting requested under this Article shall occur within five (5) days of: a. The Union's request to negotiate when the parties are in agreement that the subject is a mandatory subject of bargaining; or b. An Employment Relations Board ruling that the issue is a mandatory issue of bargaining. If agreement is reached, it shall be reduced to writing and signed by both parties. If the parties are unable to reach agreement within fourteen (14) days following the negotiations and the Union continues to believe the written policy to be unreasonable, it shall notify the Employer of its intent to subject the matter to arbitration. Such written notification must be made during the fifteen (15) day period immediately following the above mentioned fourteen (14) day period. Failure to file such written notification within the prescribed time shall be understood by both parties to waive the Union's right to any further objection. Section 4. Should the Union decide to carry the matter to arbitration, the parties shall meet within the five (5) days immediately following receipt of notification of the Union's desire to arbitrate to select an arbitrator. Selection of an arbitrator shall be prescribed in Article 12 (Grievance Procedure). Section 5. The parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties and that they will abide thereby, unless the award is vacated pursuant to ORS 240.086. The power of the arbitrator in this process shall be limited to determining whether the policy, procedure or rule is unreasonable. If the arbitrator's ruling is that the policy, procedure or rule is unreasonable, the Agency shall immediately withdraw the policy, procedure or rule. Unreasonable for purposes of this Article means that the balance of reason is in favor of not making the change. In other words, the negative effect upon bargaining unit members outweighs the need or benefit to the Employer. Section 6. The arbitrator fee and expenses shall be paid in the same manner outlined in Article 12, Section 7 (Grievance Procedure). Section 7. Time limits specified in this procedure must be observed, unless either party requests a specific extension of time which, if agreed to, must be stipulated in writing and shall become part of the record.

COMPLETE AGREEMENT/PAST PRACTICE. Section 1. This Agreement incorporates the sole and complete agreement between the parties resulting from negotiations held pursuant to the provisions of ORS 243.650 et. seq. It is acknowledged that, during negotiations which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter for collective bargaining, and that understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, if any, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter covered by this Agreement. The Union further agrees to waive the right to bargain over any other mandatory subject of bargaining Labor Relations Unit during the life of the Agreement unless the Agency seeks to change an existing or establish a new written policy as outlined in Sections 3-8 of this Article. This Agreement shall not be modified in whole or in part except by another written instrument duly executed by the Employer and the Union.any Section 2. The parties agree that the Labor Relations Unit Rules and Practices and Agency procedures relating to their implementation are without effect upon the Employer or members of the bargaining unit. Section 3. Any meeting requested under this Article shall occur within five (5) days of: a. The Union's request to negotiate when the parties are in agreement that the subject is a mandatory subject of bargaining; or b. An Employment Relations Board ruling that the issue is a mandatory issue of bargaining. If agreement is reached, it shall be reduced to writing and signed by both parties. If the parties are unable to reach agreement within fourteen (14) days following the negotiations and the Union continues to believe the written policy to be unreasonable, it shall notify the Employer of its intent to subject the matter to arbitration. Such written notification must be made during the fifteen (15) day period immediately following the above mentioned fourteen (14) day period. Failure to file such written notification within the prescribed time shall be understood by both parties to waive the Union's right to any further objection. Section 4. Should the Union decide to carry the matter to arbitration, the parties shall meet within the five (5) days immediately following receipt of notification of the Union's desire to arbitrate to select an arbitrator. Selection of an arbitrator shall be prescribed in Article 12 (