2010 Tennessee Code
Title 49 - Education
Chapter 5 - Personnel
Part 6 - Education Professional Negotiations Act
49-5-612 - Agreements.

49-5-612. Agreements.

(a)  The scope of a memorandum of agreement shall extend to all matters negotiated between the board of education and the professional employees' organization; provided, that the scope of the agreement shall not include proposals contrary to:

     (1)  Federal or state law or applicable municipal charter;

     (2)  Professional employee rights defined in this part; and

     (3)  Board of education rights contained in this title.

(b)  When agreement is reached by the representatives of the board of education and the recognized professional employees' organization, they shall jointly prepare a memorandum of understanding, and, within fourteen (14) calendar days, present it to their appropriate governing authorities for ratification or rejection. These governing authorities, as soon as practical, shall consider the memorandum and take appropriate action. If either governing authority rejects or modifies any part of a proposed memorandum, the matter shall be returned to the parties for further negotiation. The board of education may enter into the memorandum for a period not in excess of three (3) years. Any items negotiated by a board of education and a professional employees' organization that require funding shall not be considered binding until such time as the body empowered to appropriate the funds has approved the appropriation. In the event the amount of funds appropriated is less than the amount negotiated, the board or its representatives and the professional employees' organization or its representatives shall renegotiate an agreement within the amount of funds appropriated.

(c)  A board of education and a recognized professional employees' organization who enter into an agreement covering terms and conditions of professional service or other matters of mutual concern may include in the agreement procedures for final and binding arbitration of such disputes as may arise involving the interpretation, application or violation of the agreement.

[Acts 1978, ch. 570, §§ 12, 13, 15; T.C.A., §§ 49-5511, 49-5512, 49-5514.]  

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