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| 22.0 MISCELLANEOUS PROVISIONS |
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| 22.1 |
Within thirty (30) duty days of ratification of the Agreement by both parties herein, the District shall have sufficient copies prepared and delivered to the sites for distribution to each unit member in the District. The cost shall be equally shared by the District and the Association. |
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| 22.2 |
Effect of the Agreement |
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| 22.2.1 |
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The District shall not reduce or eliminate any current District Office procedures, Board Policies, or Administrative Regulations on items that are within the scope of representation as defined by Chapter 10.7, Section 3543.2 of the Government Code and final PERB decisions, that would adversely affect a unit member unless previously discussed with the Association or otherwise provided by the express terms of this Agreement. |
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| 22.2.2 |
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The Association and the District agree that the Agreement is intended to cover all matters relating to wages, hours and all other terms and conditions of employment and that during the term of the Agreement neither the District nor the Association will be required to meet and negotiate on any further matters affecting these or any other subjects not specifically set forth in this Agreement, unless there is mutual agreement to reopen negotiations on any topic, even though such subjects or matters may not have been within the knowledge or contemplation of either or both the District or the Association at the time they met and negotiated on and executed the Agreement, or even though such subjects or matters were proposed and later withdrawn. |
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| 22.2.3 |
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If any such decision or change in law occurs, the parties hereto shall, upon request within forty (40) duty days, commence meeting and negotiating with respect to the means of compliance therewith, if either party deems it necessary to renegotiate and requests such in writing. |
| 22.3.1 |
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If any provisions of this Agreement should be held invalid by operation of law, by the Public Employment Relations Board, by the highest court of the State or by a Federal court pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. |
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| 22.4 |
Conflict |
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| 22.4.1 |
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In the event a conflict between the terms of this Agreement and any Board policies, procedures, or individual contracts of employment, the terms of this Agreement shall prevail. |
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| 22.4.2 |
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In the event of a conflict between the terms of this Agreement and any provisions of the Education Code or Title V of the Administrative Code, the law shall prevail. |
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| 22.5 |
Application |
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| 22.5.1 |
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The District and the Association shall apply the provisions of this Agreement (CBA) to all unit members without regard to race, color, creed, age, national origin, gender, disability, sexual orientation, political affiliation, marital status, primary language, exercise of rights provided by this Agreement, and/or membership and/or participation in activities of the Association unless authorized by a provision of this Agreement (CBA). |
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| 22.5.2 |
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Alleged violations of 22.5.1 may be challenged pursuant to the Grievance Procedure (Article VI) or pursuant to the complaint procedures established by State and Federal agencies, such as DFEH or EEOC. |
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| 22.5.3 |
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Unit members alleging violations under 22.5.1 above must elect to pursue their claims (s) pursuant to the Arbitration procedures outlined in the CBA or pursuant to the complaint procedures established by State and Federal agencies, such as DFEH or EEOC, but not both. |
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