While Nevada law provides some protection for licensed employees, the Negotiated Agreement entered into between CCEA and the Clark County School District (“District”) provides additional rights not provided for in the law. Because Nevada is a right to work state, the terms outlined in the Negotiated Agreement carry great weight. They not only provide additional benefits, but also limit what actions the District can take on a variety of issues.

Significantly, each Article that has been incorporated into the contract has been bargained for and should not be dispensed with lightly. Article 38 of the Negotiated Agreement recognizes that in certain circumstances, specific contract provisions may be waived. The reason behind Article 38 was to allow creative alternatives not contemplated in the contract for site-based improvement. In order to obtain a waiver, certain procedures must be followed. Significantly, Article 38-3 requires that a Waiver request of a contract provision must be signed by 25% of the licensed staff at the site, including the responsible administrator. Thus, in order for a Waiver request to be initiated, both the administration and the staff must bring forth the request.

The Waiver request must also specifically identify which contract provision is being waived. The proposal is then submitted to CCEA’s President and the District’s Deputy Superintendent of Instruction for approval. A secret ballot vote is then conducted by the responsible administrator and a CCEA representative. In order for the waiver request to pass it must receive 70% of the vote to support the waiver request at that worksite. Upon the 70% voter approval, the waiver request is submitted in writing to CCEA’s President and the District’s Superintendent for final approval.

Waiver requests do not occur that often. Recently, there were three waiver requests regarding seven-period day for middle schools. Thus far, two requests have been voted down as 70% of the vote was not obtained and one has passed.

Again, know what provisions are contained in the Negotiated Agreement. It is available at the Association offices and website (http://www.ccea-nv.org) and via the District’s website (http://www.ccsd.net). Furthermore, always remember that if you are going to waive a provision of the contract, make sure you are getting something in return.