ARTICLE XXI
21.0 CONTRACT WAIVER

21.1 The principal or site representative must inform District Management and the Association of the waiver proposal on the Site Contract Waiver Proposal Form which is included in the Appendix of the CBA.

21.2 Waiver proposals with an accompanying ballot and balloting procedure must be approved by the Association and the District.

21.2.1 The balloting procedure must provide for the following provisions:

A. Site Name

B. Secret Ballots

C. Neutral Ballot Counting

D. Secure Ballot Storage

E. On and Off Track Voting

F. Vacancy Notice Advertisements

21.3 Waivers are approved with 70% + 1 of the affected Unit Members voting “Yes”.

21.4 Affected Unit Members are those assigned to the site for the time period covered by the site waiver.

21.5 If a site wishes to continue an existing waiver, it must follow the procedures listed above.

21.6 If the waiver is approved, transfer priority shall be given to the unit members who are adversely affected by the waiver. No unit member shall be asked to leave the site or retaliated against in any manner as a result of their support or opposition to a waiver or waiver proposal.

21.7 Contract Waivers may only be sought on provisions of the CBA contained in Article VIII: Hours of Work.

21.8 Meetings held “in lieu of” staff development days and regularly scheduled meetings, as allowed by contract may take place without the need of a waiver as long as no additional time is required of unit members beyond that which is mandated by provisions of the Hours of Work Article of the CBA. Sites making use of this provision shall notify the District and the Association in writing prior to the beginning of each school year this plan is implemented. .