Contract Waiver Process. A. Sites wishing to apply for a waiver shall work in conjunction with building administrators, building leadership teams, and SEA building representatives to develop contract waivers. Sites are encouraged to communicate early in the development process with the Labor Management.
B. Any site wishing to apply for a waiver from the collective bargaining agreement must follow the process outlined below and consider all affected staff:
1. The waiver request must be in writing and shall specify the following (see contract waiver form in Addendum E)
a. The contract provisions to be waived
b. The goal, objective or action that requires the waiver
c. The policy, guidelines or procedures that replace the contract provisions to be waived
2. Once formalized in writing, building administrators and SEA representatives shall send the waiver to SEA and the District. Any change to the written waiver will be communicated to SEA and the District. “Affected SEA members” shall be identified by the District and the Association.
3. The building shall hold at least one (1) meeting to discuss the waiver and all members shall receive a copy of the waiver request. Building, Association and District representatives may be involved in the meeting.
4. All affected SEA members in the building shall vote on the waiver request. Voting shall be done by confidential paper ballot or anonymous on-line system.
5. The ballots shall be tallied by SEA building representative(s) and the principal or designee.
6. Eighty-five percent (85%) or more of the affected SEA members must vote to approve the waiver request in order for it to continue the process for approval.
7. The building representative(s) shall forward the waiver request to the Association President for consideration by the Executive Board at their next regularly scheduled meeting.
8. Should the Executive Board approve the waiver request, the Association President shall forward it to the Superintendent for consideration by the School Board at their next regularly scheduled meeting.
C. Only after the entire process has been completed and all parties have approved, can the waiver be put into effect. Waivers shall be in effect for one (1) school year only, and can be renewed for one (1) additional year by a majority vote, unless an approved grant requires a multi-year commitment. Minor changes to the waiver that do not change the intent, can be approved at the building level by a majority vote. A permanent change to the contract may be cons...
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. 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. 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. 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.
