RECOGNITION AND EFFECT OF AGREEMENT
1.1 The District hereby recognizes ACE (herein referred to as the Union) as the exclusive bargaining representative in ACE for all classified workers holding those positions listed in Appendix E and all classified hourly workers holding those positions listed in AppendixE.1. All newly created positions, except those that are faculty positions or which are Blue Collar or skilled trades and crafts (Unit A) or are designated by the PERB as management, supervisory or confidential positions shall be assigned to the bargaining unit. The bargaining unit may be expanded to other classes by mutual agreement of the District and the Union subject to the rules of the PERB.
1.2 This Agreement shall supersede any rules, regulations, policies or practices of the District. In the absence of specific provisions of this Agreement, the adoption or modification of rules, regulations, policies, and practices is discretionary with the District; provided, however, the District shall notify ACE prior to any implementation, and shall afford sufficient time to negotiate over the effects of such a change, or to meet and confer.
1.3 If any provision of this Agreement is held invalid by any court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement so long as it can be given effect without the invalid provision. To this end the provisions of this Agreement are severable.
1.4 This Agreement expresses the entire understanding between the parties with respect to all matters within the scope of representation as defined by the Government Code Section 3543.2 and supersedes all previous agreements between the parties, whether written or oral. During the term of this Agreement the parties expressly waive the right to meet and negotiate with respect to any matter, whether addressed in this Agreement or not, even though such matter may not have been within the contemplation of either or both parties at the time this Agreement was negotiated and executed. Notwithstanding such waiver, if any provision of this Agreement is rendered invalid, the parties agree to meet and negotiate upon request of either party for the purpose of arriving at a mutually satisfactory replacement for the invalidated provision. Further, the parties reserve the right to revise or amend this Agreement, or any provision thereof, by mutual consent expressed in a written document signed by both parties.