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Common use of FULL UNDERSTANDING, MODIFICATION AND WAIVER Clause in Contracts

FULL UNDERSTANDING, MODIFICATION AND WAIVER. 17.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any or all prior or existing Memorandum of Understanding, understandings and agreements, whether formal or informal, are hereby superseded and terminated in their entirety. 17.2 Existing benefits within the scope of representation, provided by ordinance or resolution of the City Council or provided in the San Xxxx Municipal Code, or provided in the Memorandum of Agreement shall be continued without change during the term of this Agreement. 17.3 It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Agreement be administered and observed in good faith. When the Department proposes to change any departmental rule or regulation, it will provide a copy of such change to the Union no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact and proceed under Section 1111 of the City Charter if no agreement is reached. 17.4 Although nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer or negotiate on any subject within the scope of representation during the term of this Agreement, it is understood and agreed that neither party may require the other party to meet and confer or negotiate on the subject matter covered herein. This provision shall not apply to matters covered by the provisions entitled "Consolidated Arbitration," in the Grievance Procedure herein. 17.5 Both parties agree that, at the request of the other, the first negotiation session shall occur during the first full week of the month of April immediately prior to the contract expiration.

Appears in 3 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement

FULL UNDERSTANDING, MODIFICATION AND WAIVER. 17.1 9.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any or and all prior or existing Memorandum Memoranda of Understanding, understandings and agreements, whether formal or informal, are hereby superseded and terminated in their entirety. 17.2 9.2 Existing benefits within the scope of representation, provided by ordinance or resolution of the City Council or as provided in the San Xxxx Municipal Code, or provided Code and which are referenced in the Memorandum of Agreement shall be continued without change during provided in accordance with the term terms of this the Agreement. 17.3 9.3 It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Agreement be administered and observed in good faith. When the Department proposes to change any departmental rule or regulation, it will provide a copy of such change to the Union no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact and proceed under Section 1111 of the City Charter if no agreement is reached. 17.4 9.4 Although nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer or negotiate on any subject within the scope of representation during the term of this Agreement, it is understood and agreed that neither party may require the other party to meet and confer or negotiate on the any subject matter covered hereinherein or with respect to any other matter within the scope of representation during the term of this Agreement. 9.5 The City agrees to meet and confer with the Union prior to contracting out work currently performed by bargaining unit members whenever such contracting out would result in material reduction of work done by bargaining unit members or would have significant adverse impact on bargaining unit work. This provision shall not apply to matters covered by the provisions entitled "Consolidated Arbitration," It is agreed that position reductions, which result in lay-off of employees in the Grievance Procedure hereinbargaining unit constitute significant impact on bargaining unit work. 17.5 Both 9.6 Notwithstanding any other provision of this Agreement, the parties agree that, at the to meet and confer over retirement benefits upon request of either party in the otherevent that the pension modification ballot measure, also known as Measure B, in part or in whole, is declared invalid or otherwise modified or changed by any court of competent jurisdiction or any other administrative process, or by any applicable State or Federal law or regulation. Negotiations between the first negotiation session City and ABMEI shall occur during commence within 14 days upon notice from either party that any action referenced in the first full week of the month of April immediately prior previous paragraph has occurred. The City and ABMEI shall negotiate in good faith in an effort to the contract expirationreach a mutual agreement. Applicable impasse procedures shall apply.

Appears in 3 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement