4.1 It is understood and agreed that the Board of Trustees retains all rights, powers, privileges, functions and authority to direct, manage and control the operations of the District to the full extent authorized by law, except as limited by the terms of this agreement and the Educational Employment Relations Act, California Government Code Sections 3540 et seq. and described in the California Public Employee Relations (CPER) publication “Pocket Guide to the Educational Employment Relations Act,” December 1994 (Revised Edition) published by the California Public Employee Relations Program, Institute of Industrial Relations, University of California, Berkeley, as may be subsequently revised.
4.2 It is understood that all Board Policies which fall within the scope
of negotiations will not be adopted or revised without
a negotiated agreement between the Board and the Association.
4.3 The parties agree that during the term of this agreement the Board shall not change any Board Policy or Administrative Regulation which is related to wages, hours of employment or other terms and conditions of employment, unless agreed to by both the Board and the Association. “Terms and conditions of employment” mean health and welfare benefits as defined by Section 53200 of the Government Code, leave, transfer and reassignment policies, safety conditions of employment, class size, procedures to be used for the evaluation of employees, organizational security pursuant to Section 3546, procedures for processing grievances pursuant to Section 3548.5, 3548.6 and 3548.8, and the layoff of probationary academic school district employees, pursuant to Section 44959.5 of the Education Code.
4.4 The Board agrees not to initiate any new policy which would relate to wages, hours of employment or other terms and conditions of employment without prior agreement from the Association. The Board also agrees that it will not change any Board Policy which does not currently relate to wages, hours of employment or other terms and conditions of employment so as to come under the jurisdiction of this article.
4.5 Misapplication or failure to carry out Board Policy covered by this article be grievable under the Grievance Procedure of this Agreement.
4.6 In the event that there is a conflict between Board Policy and the Agreement, then the Agreement language shall take precedent.