CONTRARY TO LAW PROVISION. If any provision of this agreement, or the application of any provision, shall be rendered or declared invalid, unlawful, or not enforceable by any court action or by reason of any existing or subsequently enacted legislation, then such provision shall not be applicable, performed, or enforced, but all remaining parts of this agreement shall remain in full force and effect for the term of this Agreement.
CONTRARY TO LAW PROVISION. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision of application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
CONTRARY TO LAW PROVISION. If any provision of this Agreement or any application of this Agreement to any faculty member or faculty members should be found contrary to law by a court of last resort or court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided for doing so, or to rule or regulation of appropriate State agencies from which rule or regulation no appeal has been taken within the time provided for doing so, then such provision shall be deemed invalid except to the extent permitted by law but all other provisions hereof shall continue in full force and effect. The Board recognizes the Association as the sole and exclusive bargaining agent for all professional instructional personnel employed at the College on a full-time basis, including those on approved leave. The positions included in the bargaining unit are professional instructor, professional counselor, professional service personnel, professional librarian and classified faculty (clinical instructor, laboratory instructor, student services advisor, and instructional laboratory assistant). Classified faculty shall not exceed twenty percent (20%) of the bargaining unit. The term faculty member used hereinafter in this agreement shall refer to all members of the bargaining unit. All other employees of the College are excluded from the bargaining unit.
CONTRARY TO LAW PROVISION. 32.01 The Board of Education and the Union agree that all items in this agreement which supersede applicable State Law and which may be permissible to do so under Ohio Revised Code Section 4117.10(A) shall not be affected by this Article. Should any clause of this agreement be held to be in violation of the law by a court of competent jurisdiction, then that clause of the agreement shall be rendered null and void, but the remainder of the agreement shall remain in full force and effect.
CONTRARY TO LAW PROVISION. If any provision of this Agreement or any application of this Agreement to any unit employee should be determined to be contrary to law, then such provision shall be deemed invalid except to the extent permitted by law, but all other provisions hereof shall continue in full force and effect. Should the law be changed or modified so that the provision is no longer contrary to law, then the provision shall be effective from the date of that change or modification.
CONTRARY TO LAW PROVISION. A. Except as specifically set forth in Section 4117.10 (A) of the Ohio Revised Code, this contract supersedes and prevails over all statutes of the State of Ohio and all policies, rules, and regulations of the Board and/or Administration. However, should the State Employment Relations Board or any court of competent jurisdiction determine, after all appeals or times for appeal have been exhausted, that any provision herein is unlawful, such provision shall be null and void, but all other provisions of this contract shall remain in full force and effect. Within thirty
CONTRARY TO LAW PROVISION. If, during the life of this Agreement, any of the provisions contained herein are held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provisions should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be affected thereby. In the event any provision herein contained is so rendered invalid, upon written request by either party hereto, the College and the Association shall enter into collective bargaining for the purpose of negotiating a mutually satisfactory replacement for such provision.
CONTRARY TO LAW PROVISION. If any provision of this agreement, or the application of any provision, shall be rendered or declared invalid, unlawful, or not enforceable by court action or by reasons of any subsequently enacted legislation, then such provision shall not be applicable, performed, or enforced; but all remaining parts of this agreement shall remain in full force and effect for the term of this agreement. If changes to the agreement are necessary to comply with the law, the parties agree to meet within sixty (60) days to negotiate the matter.
CONTRARY TO LAW PROVISION. 3.1 If any provision of this Agreement, or any application of the provisions of this document, or any agreement reached under its terms, conflicts with any state or federal law, regulation, ruling or order, now or hereafter enacted or issued, such provisions, application or agreement shall be inoperative, but the remaining provisions hereof shall remain in effect. If during the term of this Agreement, any provision is determined invalid or inoperable due to its conflict with applicable state or federal law, or valid rule or regulation adopted or repealed by a state or federal agency, the parties agree to meet to negotiate a lawful alternate provision, if possible, under the law relative to the affected provision. Such meeting shall take place within ninety (90) days following a written request by either party in an attempt to develop a memorandum of understanding between both parties. All provisions of this Agreement that are not affected by the conflict shall remain in full force and effect.
CONTRARY TO LAW PROVISION. If any provision of this Agreement or any application of this Agreement to any unit member should be found contrary to law by a court of last resort or court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided for doing so, or to rule or regulation of appropriate state or federal agencies from which rule or regulation no appeal has been taken within the time provided for doing so, then such provision shall be deemed invalid except to the extent permitted by law but all other provisions hereof shall continue in full force and effect.
