Common use of Contract Waiver Clause in Contracts

Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following: A. Requests from a school or work site must be submitted on the Contract Waiver Request Form. The completed form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this Section. B. A contract waiver request must include the following: 1. Reference to the specific provisions of the Agreement requested to be waived; 2. Rationale for the waiver; 3. The specific timelines - beginning and ending dates - for the waiver; 4. Description of what employees would be affected by the waiver and how they would be affected; 5. Description of how the decision to request the waiver was made and evidence it reflects approval of the building principal and at least 80% approval of those in the Association's bargaining unit at the school or work site; 6. Description of the cost or budget impact of the waiver, if any; and 7. Explanation of how the waiver, if granted, might affect other employees outside of the school site and other operations of the District, if any. C. No Agreement waiver shall be granted for a duration of more than one (1) school year, unless extended in writing by both parties, and no Agreement waiver shall be granted for a duration that extends beyond the expiration date of the current Agreement. Either party to this Agreement may terminate the waiver after providing the other party with at least forty-five (45) calendar days advance written notice or sooner if both parties agree. D. The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Collective Bargaining Agreement at the time of the waiver's expiration. E. Schools shall not use “site-based/shared decision making" to implement conditions of employment that are contrary to the terms of this Agreement without, prior to implementation, first obtaining a waiver as described in this provision. F. An Agreement waiver will be considered an addendum to this Agreement and any dispute as to its interpretation or application will be solved by the parties through either negotiations, the use of the grievance procedure or termination of the waiver. If the parties cannot agree upon a resolution or the means of resolution, the waiver will be terminated within forty-five (45) calendar days upon written notice from one party or sooner if agreed by both parties. G. For its duration, this Agreement, except to the extent waived pursuant to the above provision, will remain in full force and effect and have full application to the employees covered by this Agreement who are affected by the site based/shared decision making process.

Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following: A. Requests from a school or work site must be submitted on the Contract Waiver Request FormForm (Appendix A). The building Principal and Association Building Representative must both sign the form if the request is to be considered by the Association and District. The Principal's signature indicates approval of the waiver request. The Building Representative signature indicates the belief the request represents bargaining unit member support per paragraph B.5., below. The completed contract waiver request form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this Sectionsection. Upon receipt of a contract waiver request, the District and Association representatives shall meet and consider these options: 1. Accept the waiver request as written and communicate that acceptance to the school or work site. 2. Deny the waiver request but with specific written conditions under which the waiver could be granted. In this case, the school or work site may either accept the conditions through the same process as indicated by paragraph A, above, accept the denial, or counterpropose to the Association and District through a revised Contract Waiver Request Form, using the same process as described by paragraph A, above. 3. Deny the waiver request as written and provide written reasons for that denial back to the school or work site. In this case, the school or work site may wish to consider whether to submit a revised Contract Waiver Request Form, approved through the same process as described by paragraph A, above, that is intended to satisfy the reasons given for the waiver denial. B. A contract waiver request must include the following: 1. Reference to the specific provisions of the Agreement requested to be waived;. 2. Rationale for the waiver;. 3. The specific timelines - timelines, i.e. beginning and ending dates - for the waiver;. 4. Description Identification of what employees the position(s) that would be affected by the waiver and how they the position(s) would be affected;. 5. Description of how the decision to request the waiver was made and evidence it reflects approval of the building principal Principal and at least 8090% approval of those in the Association's bargaining unit at the school or work site;. 6. Description of the cost or budget impact of the waiver, if any; and. 7. Explanation of how the waiver, if granted, might affect other employees outside of the school site and other operations of the District, if any. C. No Agreement contract waiver request shall be granted for a without agreement by the District and Association on its duration of more than one (1) school yeari.e., unless extended in writing by both parties, beginning and no Agreement ending dates). No contract waiver request shall be granted for a duration that extends beyond the expiration date of the current Agreement, unless the parties agree otherwise. Either party to this Agreement A waiver may terminate be terminated if the waiver after providing the other party with at least forty-five (45) calendar days advance written notice or sooner if both parties mutually agree. D. The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Collective Bargaining Agreement at the time of the waiver's expiration. E. Schools shall not use “site-based/shared decision making" making to implement conditions of employment that are contrary to the terms of this Agreement without, prior to implementation, without first obtaining a waiver as described in this provisionSection. F. An Agreement A contract waiver agreed on by the District and Association will be considered an addendum to this Agreement Agreement, and any dispute as to its interpretation or application will be solved by the parties through either negotiations, the use of these two steps: 1. Informal discussion between District and Association representatives. If this does not resolve the dispute, then: 2. The Association may utilize the grievance procedure or termination of the waiver. If the parties cannot agree upon a resolution or the means of resolution, the waiver will be terminated within forty-five (45) calendar days upon written notice from one party or sooner if agreed by both parties. G. For its duration, contained in this Agreement, except to the extent waived pursuant to the above provision, will remain in full force and effect and have full application to the employees covered by this Agreement who are affected by the site based/shared decision making process.

Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following: A. Requests from a school or work site must be submitted on the Contract Waiver Request Form. (See Appendix 2.) The completed form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this Section. B. A contract waiver request must include the following: 1. Reference to the specific provisions of the Agreement requested to be waived; 2. Rationale for the waiver; 3. The specific timelines - – beginning and ending dates - – for the waiver; 4. Description of what employees would be affected by the waiver and how they would be affected; 5. Description of how the decision to request the waiver was made and evidence it reflects approval of the building principal and at least 80% approval of those in the Association's bargaining unit at the school or work site; 6. Description of the cost or budget impact of the waiver, if any; and 7. Explanation of how the waiver, if granted, might affect other employees outside of the school site and other operations of the District, if any. C. No Agreement waiver shall be granted for a duration of more than one (1) school year, unless extended in writing by both parties, and no Agreement waiver shall be granted for a duration that extends beyond the expiration date of the current Agreement. Either party to this Agreement may terminate the waiver after providing the other party with at least forty-five (45) calendar days advance written notice or sooner if both parties agree. D. The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Collective Bargaining Agreement at the time of the waiver's expiration. E. Schools shall not use “site-based/shared decision making" to implement conditions of employment that are contrary to the terms of this Agreement without, prior to implementation, first obtaining a waiver as described in this provision. F. An Agreement waiver will be considered an addendum to this Agreement and any dispute as to its interpretation or application will be solved by the parties through either negotiations, the use of the grievance procedure or termination of the waiver. If the parties cannot agree upon a resolution or the means of resolution, the waiver will be terminated within forty-five (45) calendar days upon written notice from one party or sooner if agreed by both parties. G. For its duration, this Agreement, except to the extent waived pursuant to the above provision, will remain in full force and effect and have full application to the employees covered by this Agreement who are affected by the site based/shared decision making process.