ARTICLE 34: CONCLUSIVENESS OF AGREEMENT
34.1 Except as noted in 34.2, 34.3, 34.4, and 34.5, during the term of this Agreement the District and the Association expressly waive and relinquish the right to meet and negotiate and agree that neither party to this Agreement shall be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Agreement or not, even though such subjects or matters may not have been within the knowledge or contemplation of either the District or the Association at the time of meeting and negotiating on and executing this Agreement, and even though such subject matters were proposed and later withdrawn.
34.2 The District and the Association may reopen this agreement or any portion thereof during the term of the agreement by mutual agreement in writing by both parties to this agreement.
34.3 In the event that the District desires to change any of its policies and/or administrative rules and regulations which are not covered by this Agreement but are within the scope of bargaining and affect bargaining unit members, it will, absent emergency conditions, so notify the Association of its intentions prior to any such contemplated change. The Association, within ten (10) school days after receipt of such notification, may notify the District of its desire to negotiate on such contemplated changes in District policies and/or administrative rules and regulations. Thereupon, the District shall enter into such negotiations with the Association for a period of sixty (60) calendar days (unless agreement is reached prior to the sixty (60) days). If no agreement is reached within the sixty-day period, the District may adopt the change if it so desires.
34.4 Before or during the month of August of 2008 and June, 2009, either the District or the Association may give, by written submission of an initial proposal to the other party, by certified mail or hand delivery, notification of its desire to re-open Articles 7, 8, related Exhibits, subsequent work calendars and one (1) other Article. Upon receipt of this written notice, arrangements shall be made pursuant to the provision of Government Code Sections 3540-3549.3, including the Public Notice provisions, for meeting and negotiating to commence. Negotiations should commence no later than October 1 of that calendar year. Pending the conclusion of negotiations, all Articles will remain in effect.
34.5 Before or during the month of June, 2010, either the District or the Association may give by written submission of an initial proposal to the other party, by certified mail or hand delivery, notification of its desire to negotiate a successor Agreement. Upon receipt of this written notice, arrangements shall be made pursuant to the provisions of Government Code Sections 3540-3549.3., including the Public Notice provisions, for meeting and negotiating to commence. Negotiations should commence no later than October 1, 2010. In the event that neither party gives appropriate written notice to the other of its desire to renegotiate any portion of this Agreement, the Agreement shall be extended for one year.