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ARTICLE III:
MANAGEMENT RIGHTS / NO STRIKE / WAIVER OF ADDITIONAL
BARGAINING
3.1
The Association recognizes that the Board has
responsibilities and authority to manage and direct, in
behalf of the public, all the operations and activities
of the school district to the full extent authorized by
law and shall be limited only by the provisions of this
agreement.
3.2
Recognizing that adequate means are made available by
the agreement for the resolution of bargaining unit
members' grievances and/or complaints and that other
procedures are provided by statute and judicial law for
such resolution, neither the Association nor any
bargaining unit member covered by this agreement will
instigate, promote, sponsor, engage in any strikes,
concerted stoppage of work, or any other intentional
interruptions of educational duties for the duration of
this agreement. It is understood and agreed that any
bargaining unit member who violates this provision of
the agreement shall be subject to disciplinary action by
the Board up to and including dismissal.
3.3
The parties acknowledge that during the negotiations
which resulted in this agreement, each had the unlimited
right and opportunity to make demands and proposals with
respect to any subject or matter not removed by law or
by specific agreement of the parties, and that the
understandings and agreement arrived at by the parties
after the exercise of that right and opportunity are set
forth in this agreement. Therefore, the Board and the
Association, for the life of the agreement, each
voluntarily and unqualifiedly waives any right which
might otherwise exist under law, practice, or custom to
negotiate concerning 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,
except only for mandatory subjects of bargaining which
were clearly not within the knowledge or contemplation
of either or both of the parties at the time that they
negotiated or signed this agreement, including the
impact of any new legislation. This provision shall not
be interpreted as prohibiting the parties from meeting
to discuss issues of mutual concern during the term of
this Agreement. The parties shall attempt to resolve
issues through collaboration. |
