WAIVER OF CONTRACT PROVISIONS. 38-1 The parties to this Agreement recognize the need for on-going school improvement activities and agree that from time to time waivers to contractual terms as set forth herein are desirable. It is therefore agreed that individual school sites when implementing site-based school improvement plans may implement specific waivers to the terms of this Agreement in accordance with the provisions set forth below. 38-2 Waivers will only be requested to deal with specific conditions at a particular site. Any waiver must specify the contractual terms waived and the specific changes to the Agreement, including the length of time the waiver is to be in force. No waivers may be requested which deal with any employee compensation, benefits, or welfare.
WAIVER OF CONTRACT PROVISIONS. 1. A waiver may be requested by work areas for a particular variance to the contract negotiated by the parties. There is a presumption that collective areas of the contract including but not limited to salary schedule, fringe benefits, and grievance, evaluation and dismissal procedures are not to be waived unless sufficient reasons are presented which persuade the parties to do otherwise. A waiver may be granted for a maximum of one (1) year and may be extended on a year-to-year basis. Except to the extent waived, the collective bargaining agreement will remain in full force and effect, and have full application to the employees who are affected by the site-based decision-making arrangement. Waivers will be granted only after due consideration of the collective aspects of any requests made.
2. A specific variance of the provisions of the contract may be identified by the school staff, members of a department, an administrator or by the Common Concerns Committee. The request for a waiver must be signed by an association rep and the department head. It must describe the staff decision process and include in as much detail as possible the provision wished to be waived, the nature of the waiver, reasons for the waiver, and how unit members may be affected by the waiver. The waiver must be mutually and formally agreed to by the President of the Association and the Superintendent of Schools.
WAIVER OF CONTRACT PROVISIONS. Failure of either Party to take advantage of any default or breach of covenant on the part of the other Party is not, and will not be construed to be a waiver thereof. A waiver of a particular breach, or default, will not be deemed to be a waiver of any other subsequent breach or default. No waiver will be effective unless it is in writing and signed by the waiving Party.
WAIVER OF CONTRACT PROVISIONS. If any provision of a site-based decision making proposal at a local school site is contrary to the terms of this agreement, that provision will not be implemented unless a waiver is obtained from the association and the Board of Education. The waiver must be in writing and must specify the nature and duration of the waiver.
WAIVER OF CONTRACT PROVISIONS
