Maintenance of Standards/Past Practice. This Contract shall supersede and have precedence over any rules, regulations, or practices of the Employer which are contrary to or inconsistent with its terms. All terms and conditions of employment, including wages, hours of work, extra compensation for duties outside regular hours, relief periods, leaves, and general employment condition of all bargaining unit employees, shall be maintained at the time this Contract is signed. However, the Board may change, alter, modify its methods of operation, direction, and supervision of the work force, policies and practices, so long as such change, alteration, or modification does not violate the express terms of this Contract or does not violate a binding past practice which limits the Board's managerial discretion. In this connection, it is expressly understood that in order for a past practice to be binding, the practice must be one which:
(1) confers a benefit of particular value to the employee;
(2) has been followed consistently over a period of time sufficiently long that employees may reasonably expect it to continue as a permanent employment condition;
(3) both the Board and Union have mutually accepted, either expressly or tacitly, as a fixed condition of employment.
Maintenance of Standards/Past Practice. This Agreement shall supersede and have precedence over any rules, regulations or practices of the Employer which shall be contrary to or inconsistent with its terms. The provisions of this Agreement shall be incorporated into and be considered part of the established policies of the Employer. All terms and conditions of employment, including wages, hours of work, extra compensation for duties outside regular hours, relief periods, leaves, and general employment condition of all bargaining unit members/positions, shall be maintained at the time this Agreement is signed. However, the Board may change, alter, modify its methods of operation, direction and supervision of the work force, policies and practices, so long as such change, alteration or modification does not violate the express terms of this contract or does not violate a binding customary or past practice which limits the Board's managerial discretion. In this connection, it is expressly understood that in order for a customary or past practice to be binding on the Board, the practice must be one which:
(1) confers a benefit of particular value to the employee;
(2) has been followed consistently over a period of time sufficiently long that employees may reasonably expect it to continue as a permanent employment condition;
(3) to which both the Board and Union have mutually accepted, either expressly or tacitly, as a fixed condition of employment.
Maintenance of Standards/Past Practice. The employer agrees that all clearly established, continuous, and recognized conditions of employment in their individual operation relating to wages, hours, overtime, differentials, and general working conditions shall be maintained at not less than the highest minimum standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in the Agreement. It is agreed that the provisions of this section shall not apply to inadvertent or bonafide errors by the employer of the Association in applying the terms and conditions of this Agreement. The parties agree that this article is intended to include only those proper practices and minor benefits not covered by the specific unambiguous language in the contract. This article is not intended to conflict with the District’s ability and responsibility to manage its affairs.
