Contract Waiver Process Sample Clauses

Contract Waiver Process. Requests to waive provisions of this Agreement may be made by employees or by agents of the District, either jointly or individually. Individual waiver requests shall be handled by the parties on a case-by-case basis through the contract maintenance process. Normally, the process herein outlined is intended for joint requests of employees and administration of a school building, work site, or program. Waivers may be granted up to the duration of this Agreement. Provided that waivers that pertain to parent conferences at secondary schools may last for a longer duration than the life of the Agreement if seventy-five percent (75%) of the affected members initially approve the longer duration. Waiver requests must conform to the following guidelines in order to be considered by the parties: 2.10.1 Waiver requests must be in writing on Appendix 11 and must include: 2.10.1.1 Reference to the specific provision or provisions of the Collective Bargaining Agreement to be waived. 2.10.1.2 Clear evidence of joint employee and administration participation in the decision-making process. Waiver requests require a vote in favor by at least two-thirds of employees who are affected by the request. 2.10.1.3 Rationale for the waiver. 2.10.1.4 Specific timelines and duration for the request. 2.10.1.5 Effect of the waiver on other areas of the this Agreement and on employees not voting in favor, if any. 2.10.2 Waiver requests must be submitted concurrently to the District Superintendent, or his or her designee, and the Association President, or his or her designee. 2.10.3 Any waiver requests will be granted only if both the District Superintendent, or his or her designee, and the Executive Board of the Association agree. 2.10.4 The District and the Association stipulate that any waivers granted are not precedent setting. 2.10.5 All waivers are renewable once by submission of the original waiver documentation and a two-thirds (2/3) vote of the affected employees, subject to approval as set forth in section 2.10.3. Subsequent renewals may be granted, but must be re-submitted as a new waiver request.

Contract Waiver Process. Requests to waive provisions of this Agreement may be made by employees or by agents of the District, either jointly or individually. Individual waiver requests shall be handled by the parties on a case-by-case basis through the contract maintenance process. Normally, the process herein outlined is intended for joint requests of employees and administration of a school building, work site, or program. Waivers may be granted up to the duration of this Agreement. Provided that waivers that pertain to parent conferences at secondary schools may last for a longer duration than the life of the Agreement if seventy-five percent (75%) of the affected members initially approve the longer duration. Waiver requests must conform to the following guidelines in order to be considered by the parties: 2.10.1 Waiver requests must be in writing on Appendix 11 and must include: 2.10.1.1 Reference to the specific provision or provisions of the Collective 2.10.1.2 Clear evidence of joint employee and administration participation in the decision-making process. Waiver requests require a vote in favor by at least two-thirds (2/3) of employees who are affected by the request.

Contract Waiver Process. No employee will be required without his/her consent to take any action in connection with a shared decision making arrangement or decision that violates his/her rights under the Agreement, and no adverse employment action will be taken against any employee because of his/her refusal to give such consent. If any aspect of a shared decision making arrangement is contrary to the terms of this Agreement, said aspect will not be implemented, or if already implemented will be immediately discontinued, unless a waiver is obtained from the Association and District. Said waiver must be in writing (see form in Appendix G), and must specify the contractual provision waived, the nature and duration of the waiver, the employees affected by the waiver and justification for the waiver. The waiver, if granted, will be considered an addendum to this Agreement, and any dispute as to its interpretation or application will constitute a grievance within the meaning of Article 12.00. Except to the extent waived pursuant to the above, this Agreement will remain in full force and effect, and have full application to the employees who are affected by the shared decision making arrangements.

Contract Waiver Process. Site-based school improvement teams may, on occasion, determine more effective and efficient school operations can result from a unique practice that may be in conflict with the contract or contract related Board Policy. In such cases, the teams may request waivers for time periods not exceeding one year as indicated: • The group shall produce documentation that would include a rationale, research, a program plan, a time-line for implementation, staff development plan, budget considerations and evaluation plan; and forward it to the District Leadership Council. • After considering all data, the District Leadership Council will deny the waiver request or forward a recommendation to approve the waiver to the Association President and/or Co- Presidents and the Board President. • After consultation with their respective constituent groups, the Association President and/or Co-Presidents and the Board President shall issue a joint letter either approving or denying the waiver request.