Common use of FINALITY AND EFFECT OF AGREEMENT Clause in Contracts

FINALITY AND EFFECT OF AGREEMENT. This Agreement supersedes and cancels all previous collective bargaining agreements between the Employer and the Union, unless expressly stated to the contrary herein, and constitutes the entire Agreement between the parties, and concludes collective bargaining for its term. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject identified as bargainable under Section 9 of the Public Employment Relations Act, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives any right which might otherwise exist under law to negotiate over any matter during the term of this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in, this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. The only exception is in the event that any provision of this Agreement shall become void or illegal during the term of the Agreement such provision shall become inoperative, but all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. The Employer and the Union agree to meet at the earliest possible mutually agreeable time (within 30 days) for the purpose of negotiations to replace void or illegal provisions. In the event the parties do not reach mutual agreement on a provision to replace the specific provision determined to have become void or illegal within fifteen (15) days following the beginning of negotiations, the Union shall have the right to then, within 14 calendar days, request arbitration and notify the Employer of such request. The arbitration proceeding shall be conducted by an arbitrator selected by the Union and the Employer. If they cannot agree, the Public Employee Relation Board will be asked to supply a list of seven names. The Employer and the Union will alternately strike names. The first party to strike shall be determined by lot. The remaining name shall be the arbitrator. The arbitrator, in his/her opinion, shall be limited to deciding upon either the Employer’s or the Union’s final offer as to which is the most appropriate amendment for the specific provision that had become void or illegal. The decision of the arbitrator will be binding on both parties. Expenses for the arbitrator’s services shall be borne equally by the Employer and the Union.

FINALITY AND EFFECT OF AGREEMENT. This Agreement supersedes and cancels all previous collective bargaining agreements between the Employer and the Union, including any and all side agreements and settlement agreements unless expressly stated to the contrary herein, and constitutes the entire Agreement between the parties, and concludes collective bargaining for its term. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject identified as bargainable under Section 9 of the Public Employment Relations Act, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives any right which might otherwise exist under law to negotiate over any matter during the term of this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in, this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. The only exception is in the event that any provision of this Agreement shall become void or illegal during the term of the Agreement such provision shall become inoperative, but all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. The Employer and the Union agree to meet at the earliest possible mutually agreeable time (within 30 days) for the purpose of negotiations to replace void or illegal provisions. In the event the parties do not reach mutual agreement on a provision to replace the specific provision determined to have become void or illegal within fifteen (15) days following the beginning of negotiations, the Union shall have the right to then, within 14 fourteen (14) calendar days, request arbitration as defined by Chapter 20 of the Iowa Code, and notify the Employer of such request. The arbitration proceeding shall be conducted by an arbitrator selected by the Union and the Employer. If they cannot agree, the Public Employee Relation Board will be asked to supply a list of seven names. The Employer and the Union will alternately strike names. The first party to strike shall be determined by lot. The remaining name shall be the arbitrator. The arbitrator, in his/her opinion, shall be limited to deciding upon either the Employer’s 's or the Union’s 's final offer as to which is the most appropriate amendment for the specific provision that had become void or illegal. The decision of the arbitrator will be binding on both parties. Expenses for the arbitrator’s 's services shall be borne equally by the Employer and the Union.

FINALITY AND EFFECT OF AGREEMENT. This Agreement supersedes and cancels all previous collective bargaining agreements between the Employer and the Union, unless expressly stated to the contrary herein, and constitutes the entire Agreement between the parties, and concludes collective bargaining for its term. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject identified as bargainable under Section 9 of the Public Employment Relations Act, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives any right right, which might otherwise exist under law to negotiate over any matter during the term of this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in, in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. The only exception is in the event that any provision of this Agreement shall become void or illegal during the term of the Agreement such provision shall become inoperative, but all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. The Employer and the Union agree to meet at the earliest possible mutually agreeable time (within 30 days) for the purpose of negotiations to replace void or illegal provisions. In the event the parties do not reach mutual agreement on a provision to replace the specific provision determined to have become void or illegal within fifteen (15) days following the beginning of negotiations, the Union shall have the right to then, within 14 calendar days, request arbitration and notify the Employer of such request. The arbitration proceeding shall be conducted by an arbitrator selected by the Union and the Employer. If they cannot agree, the Public Employee Relation Board will be asked to supply a list of seven names. The Employer and the Union will alternately strike names. The first party to strike shall be determined by lot. The remaining name shall be the arbitrator. The arbitrator, in his/her opinion, shall be limited to deciding upon either the Employer’s or the Union’s final offer as to which is the most appropriate amendment for the specific provision that had become void or illegal. The decision of the arbitrator will be binding on both parties. Expenses for the arbitrator’s services shall be borne equally by the Employer and the Union.