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ARTICLE 34: CONTRACT WAIVER/ MODIFICATION PROCESS

34.1     The District and the Association recognize that circumstances occur when unit members at a work site may wish to implement a program, process, etc. that requires a deviation from a term or provision of the Collective Bargaining Agreement or an established practice affecting wages, hours or terms and conditions of employment.  The terms of the Collective Bargaining Agreement or the practice may be suspended or modified in accordance with this Article.

 

34.2     Unit member(s) or administrator(s) at a school site may request that the Association and the District agree to waive or modify provisions of the Collective Bargaining Agreement.  All requests shall conform to the following procedures:

 

34.2.1     Initiation and Development of Request for Waiver/Modification

 

Because submission of a waiver/modification is a proposal to change the Collective Bargaining Agreement, the YCTA President shall be notified at the beginning of the development of a contract waiver/modification proposal by the person proposing the waiver/modification.  This will allow for consultation during the development of the proposal.  If the administrator is the initiator of the proposal, the YCTA Site Rep and site leadership team shall be notified to allow for their involvement in the development of the proposal.

 

34.2.2     Presentation and Discussion of the Waiver/Modification

 

a.      The written proposal shall be considered at a minimum of two (2) staff meetings.

 

b.      A written draft of the proposed contract waiver/modification, that includes the specific terms of the contract being modified, will be presented at the first staff meeting for discussion only.  The discussion shall allow for open deliberations that respect the input of all unit members and the site administrators.  YCTA will be provided a draft of the proposal and date for the first staff meeting at least three (3) days prior to the meeting.

 

c.      Voting shall only be open to YCTA members who have identified themselves as impacted by the proposed waiver/modification.  For itinerant unit members who travel to multiple sites, a home site shall be designated and these unit members may only vote at that site if they have identified themselves as impacted.

 

d.      The proposal may be modified by the initiator of the proposal to address input brought forth at the first and/or second staff meeting.  If substantial changes to the proposal are made, a third staff meeting may be necessary.  The Association may submit a letter of opinion regarding the proposal which shall be made available to the unit members at the meeting.

 

34.2.3     Voting Upon the Request for a Waiver/Modification

 

a.      There shall be a vote by secret ballot which shall occur after the discussion of the waiver/modification at the second meeting, or at the end of the discussion at the third staff meeting if the proposal has been modified.  The Association will be notified at least three (3) working days before a secret ballot vote is taken.  The notification shall include the date of the meeting and the text of the final proposal.

 

b.      The ballot shall include a reference to the written proposal, the date, and an indication of affirmation or denial of the proposal.

 

c.      The voting roster shall list the YCTA members with a line for their signatures upon receipt of a ballot.

 

d.      If a YCTA member is absent from the staff meeting, the absent member may either vote at that staff meeting by use of a proxy or may vote in person by depositing the ballot in the sealed ballot box within two (2) days of the commencement of voting.  If a proxy is used, the proxy shall include a written note from the member that designates the YCTA member who is authorized to cast their proxy vote.

 

e.      Two (2) YCTA members who have been trained in the elections process shall conduct the voting for the contract waiver/modification request.

 

f.       The number of ballots cast may not exceed the number of signatures.  If the number of ballots exceeds the number of signatures, a new election takes place.

 

g.      The votes will be counted by the two (2) trained YCTA representatives at the conclusion of the voting.

 

h.      The administrator(s) may be present during the counting of the ballots and announcement of the results.

 

i.       If at least seventy-five percent (75%) of the YCTA members who voted, vote yes, the modification shall be submitted to YCTA and the District.

 

34.2.4     Approval of One (1) Year Wavier/Modification

 

a.      A one (1) year waiver/modification shall be submitted:

 

(1)        First to the YCTA Executive Board for review and approval; and

 

(2)        Second, if approved by YCTA, to the Superintendent for review and approval.

 

b.      Both the Association and District will be provided signed copies of the waiver/modification, which shall include the date and result of the vote, and the signatures of the YCTA site rep and Administrator.  YCTA will be provided the ballots and roster to maintain on file.

 

c.      The waiver/modification does not become effective until it is approved in writing by YCTA and the District.  As a general rule, and whenever possible, the District and YCTA shall decide whether to approve or deny a waiver/modification request within thirty (30) calendar days after receiving the request for waiver/modification.

 

34.3     Past Practice

 

Implementation of waiver/modification shall not establish a past practice.  Any contract waiver/modification shall be limited to a one (1) year term.

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