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Article 3: Management Rights / No Strike / Waiver

 

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.