EMERGENCY FINANCIAL MANAGER. If an emergency financial manager is appointed by the State under the Fiscal Accountability Act, the emergency manager may reject, modify, or terminate the collective bargaining agreement in his/her sole discretion. This authority is a prohibited subject of bargaining under the Public Employment Relations Act (PERA).
EMERGENCY FINANCIAL MANAGER. If an Emergency Financial Manager is appointed by the State under PA 4 of 2011, Fiscal Accountability Act, The Emergency Manager may reject, modify, or terminate the Collective Bargaining Agreement in his/her sole discretion. The authority is a prohibited subject of bargaining under the Public Employment Relations Act (XXXX)
EMERGENCY FINANCIAL MANAGER. An emergency manager appointed under the Local Government and School District Fiscal Accountability Act may reject, modify or terminate the collective bargaining agreement as provided within the Local Government and School District Fiscal Accountability Act.
EMERGENCY FINANCIAL MANAGER. Section 15(7) of the Public Employment Relations Act (PERA) mandates that any contract entered into include a statement that allows an Emergency Manager appointed under the Local Government and School District Fiscal Accountability Act to reject, modify, or terminate the collective bargaining agreement as provided in the Local Government and School District Fiscal Accountability Act. This provision is intended to satisfy this requirement. No grievances may be processed contesting actions taken by an Emergency Manager.
EMERGENCY FINANCIAL MANAGER. Pursuant to Local Government and School District Fiscal Accountability Act being Public Act 4 of 2011, an emergency manager may be appointed to the district if the district is considered to be in financial stress for a reason delineated in Section 13(3) of Public Act 4 of 2011. If an emergency manager is appointed to the district, the emergency manager shall have the authority to reject, modify or terminate this CBA. An emergency manager’s decision to reject, modify, or terminate this agreement is a prohibited subject of bargaining.
EMERGENCY FINANCIAL MANAGER. Emergency Manager--If an emergency manager is appointed by the State under PA4 of 2011 (Fiscal Accountability Act), the emergency manager may reject, modify, or terminate the Collective Bargaining Agreement in accordance with law. This clause is included in this Agreement, because it is legally required by State law and not as a result by agreement of the parties.
EMERGENCY FINANCIAL MANAGER. An Emergency Financial Manager appointed by law may reject, modify, or terminate the collective bargaining agreement as provided by law. This clause is included in this agreement because it is legally required by state law. The parties did not agree to this provision. By signing this agreement, the union does not agree or acknowledge that this provision is binding either on the union or on the employer. The union reserves all rights to assert that this clause is unenforceable.
EMERGENCY FINANCIAL MANAGER. If an emergency financial manager is appointed under PA 436 of 2012, the Local Financial Stability and Choice Act, the emergency manager may reject, modify, or terminate the collective bargaining agreement as provided in the Act.
EMERGENCY FINANCIAL MANAGER. Should an emergency manager be appointed to the District pursuant to the Local Government and School District Fiscal Accountability Act, he/she shall have authority to reject, modify or terminate this collective bargaining agreement as provided in the Local Government and School District Fiscal Accountability Act. This provision has been added because it is required by state law.
EMERGENCY FINANCIAL MANAGER. An emergency financial manager under the Local Government and School District Fiscal Accountability Act may reject, modify, or terminate the collective bargaining agreement as provided in that act. This section was included in the collective bargaining agreement because it is legally required by state law, and not because the parties negotiated over and agreed to the language during collective bargaining. The Association reserves the right to challenge this aspect of the referenced law in the appropriate civil court forum and to argue that this section is not binding on the parties. This reservation of right does not include challenging the Employer relative to this issue.
