Legislative Mandates Clause Samples
A Legislative Mandates clause defines the requirement for parties to comply with all applicable laws, regulations, and government directives relevant to the agreement. This clause typically obligates each party to ensure their actions and deliverables remain in accordance with current and future legislative requirements, such as changes in tax laws, safety standards, or industry-specific regulations. Its core function is to allocate responsibility for legal compliance, thereby reducing the risk of unlawful conduct and ensuring the contract remains enforceable even as laws evolve.
Legislative Mandates. The Hernando County School Board (HCSB) and the Hernando Classroom Teachers’ Association (HCTA) hereby agree that any requirements of the Department of Education, or any other authority which has governance over public schools concerning a low performing school or schools that impact terms and conditions of employment, shall be discussed between the parties before any action is implemented to meet state and federal requirements. However, it is unde r stood and agreed that the contractual agreement between the HCSB and the HCTA may be waived to the extent necessary to address the requirements concerning low performing schools. Nothing herein shall waive the right of HCTA to request to bargain in good faith any issues that impact the terms and conditions of employment.
Legislative Mandates. 1. In the event that the Board is required by law to bargain over the implementation of changes in the wages, hours or other terms and conditions of employment for unit members as a result of the passage legislation or administrative regulations adopted pursuant to legislation, the Board/Administration will call together the Association/Administration Liaison Committee to cooperatively work out the changes required. This committee will work until resolution is achieved or it is obvious that resolution is impossible at this point. In case of resolution or impasse, the Board will send in writing a notice of implementation. Within fifteen (15) working days, the Association may submit a written demand to bargain the effects of the implementation of the wages, hours or other terms and conditions of employment for members of the bargaining unit. If such a demand is made, the parties will engage in good faith bargaining for a period of not more than twenty
Legislative Mandates. Section 86 D(2) of Local Government: Municipal Systems Amendment Act 32 of 2000 as amended states that a private company which is a municipal entity-
a) must restrict its activities to the purpose for which it is used by its parent municipality in terms of section 86E(1)(a); and b) has no competence to perform any activity which falls outside the functions and powers of its parent municipality contemplated by section 8. Other legislative duties and responsibilities of CENTLEC (SOC) Ltd are set out in Chapter 10 of Local Government: Municipal Finance Management Act, 56 of 2003.
Legislative Mandates. Documented, unanticipated financial or programmatic exigencies, Notification. When the School District anticipates a R.I.F. that might result in the discharge or termination of an employee(s) in the bargaining unit, the District will notify the Federation, in writing, of the anticipated R.I.F. at least twenty (20) work days prior to the implementation of the R.I.F. The Federation and the District shall meet within twenty (20) days of the notification to negotiate the impact of the R.I.F. decision.
4.1 The superintendent shall develop a plan for R.I.F. to be presented to the Board and the Union. The R.I.F. plan shall at least focus upon the total educational program of the district and how it may be modified to reduce costs, reduce programs and reduce personnel while still providing the educational program required of school districts and the particular educational needs of the District.
4.1.1 Where circumstances warrant, a R.I.F. plan should address particular programs, departments, school sites, content areas or activities if the causes for the R.I.F. predominantly impact that aspect of the educational program and shall at the minimum, identify individuals to be discharged or terminated.
4.1.2 The R.I.F. plan shall include but need not be limited to, the following:
4.1.2.1 A detailed description of the cause or causes requiring a R.I.F.
4.1.2.2 A detailed description of all adjustments already made by the District in an attempt to avoid a R.I.F. (e.g. reduction by attrition, cuts in non-licensed staff, abolition of non-essential services or activities such as extracurricular programs. etc.)
4.1.2.3 A designation of the part or parts of the total educational program or particular program or activity in which the R.I.F. is proposed and the number of positions proposed to be reduced in each program or activity.
4.1.2.4 A designation of non-essential services or activities that are to be retained, with a detailed justification for retaining such programs.
4.1.2.5 A detailed description of all alternatives considered by the District with a detailed explanation as to why such alternatives were rejected.
Legislative Mandates. Determination of Need for RIF
Legislative Mandates. Certain statutory provisions under P.L. 115-245, Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019, Division B, Title V, Title II, General Provisions limit the use of funds on SAMHSA grants, cooperative agreements, and contract awards, including this Contract with HCA. Such provisions are subject to change annually based on specific appropriation language that restricts the use of grant funds. The full text of P.L. 115-245 is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/bill/115th-congress/house- bill/6157/text?Format=txt.
Legislative Mandates. Identify all options that have been considered for resolving the District’s revenue 12 short-fall prior to initiating a Reduction in Force;
Legislative Mandates. A. In the event that the Employer implements changes during the term of the Agreement in the wages, hours, or other terms and conditions of employment for unit members on an issue that the Employer is required by law to bargain about, the Employer will give notice of such implementation to the Association. Within twenty (20) days the Association may submit a written demand to bargain the effects of the implementation on wages, hours, or other terms and conditions of employment for unit members. If such a demand is made the parties will engage in good faith bargaining for a period of not less than thirty (30) days. Bargaining may be conducted by teams as designated by the Board and the Association, respectively.
B. If the bargaining teams have not reached agreement by the end of the thirty (30) day bargaining period the parties will engage in mediation for a period of not less than thirty (30) additional days or until resolution is reached, whichever occurs first. The mediator may be an agreed member of the FMCS or any other agreed upon individual. In the event the parties are unable to agree on a mediator, a mediator will be assigned by the FMCS.
C. If the parties have not reached agreement by the end of the mediation period, the Employer may, at its next regularly scheduled meeting more than ten (10) days after the conclusion of the mediation period, submit the unresolved issue or issues to arbitration. If the Employer determines to submit the matter to arbitration, an arbitrator will be selected and arbitration conducted in accordance with the grievance arbitration provisions of this Agreement. The decision of the arbitrator will be binding on the parties provided that the arbitrator shall have no authority to make any award contrary to law or regulations of the Ohio Department of Education or any other agency having lawful jurisdiction over the District.
D. If the Employer does not refer the unresolved issue or issues to arbitration the Association may, within ten (10) days after the Board meeting, issue a strike notice as provided in ORC Chapter 4117.