Common use of Zipper Clause in Contracts

Zipper. Section A: The Union acknowledges that, prior to executing this Agreement, it was afforded the opportunity to engage in collective bargaining with the Employer on proper subjects for bargaining. For and during the term of this Agreement, it is agreed and understood that the Employer shall be obliged to engage in no further collective bargaining, although any term of this Agreement may at any time be eliminated or modified by the purely voluntary and mutual consent of the parties hereto. It is also understood and agreed, consistent with the above provisions and the provisions of Article XXIII hereof, that the Board shall have the right to make and enforce rules and regulations, and to take actions, that are not inconsistent with the express terms of this Agreement. However, the Employer’s failure to create a written rule or regulation concerning any particular matter shall not be construed as limiting its authority to act with regard to that matter. The second paragraph of this Article shall yield, but only to the extent necessary, to provide for contract renewal negotiations to occur prior to the termination date of this Agreement. The said second paragraph shall otherwise be fully effective, and shall be effective as to subjects that were not contemplated or discussed during the bargaining giving rise to this Agreement, as well as to other subjects. Provided, however, the Board will take no action inconsistent with its bargaining obligation while negotiations are underway.

Zipper. Section A: The Union UF-PBCC acknowledges that, prior to executing this Agreement, it was afforded the opportunity to engage in collective bargaining with the Employer on proper subjects for bargaining. For and during the term of this Agreement, it is agreed and understood that the Employer shall be obliged to engage in no further collective bargaining, although any term of this Agreement may at any time be eliminated or modified by the purely voluntary and mutual consent of the parties hereto. It is also understood and agreed, consistent with the above provisions and the provisions of Article XXIII hereof, that the Board shall have the right to make and enforce rules and regulations, and to take actions, that are not inconsistent with the express terms of this Agreement. However, the Employer’s failure to create a written rule or regulation concerning any particular matter shall not be construed as limiting its authority to act with regard to that matter. The second paragraph of this Article shall yield, but only to the extent necessary, to provide for contract renewal negotiations to occur prior to the termination date of this Agreement. The said second paragraph shall otherwise be fully effective, and shall be effective as to subjects that were not contemplated or discussed during the bargaining giving rise to this Agreement, as well as to other subjects. Provided, however, the Board will take no action inconsistent with its bargaining obligation while negotiations are underway.