EFFECT OF AGREEMENT
Both parties had the opportunity during negotiations to make proposals with respect to any subject matter not prohibited by law from bargaining. This Agreement sets forth the full and entire understanding of the parties regarding the matters contained herein. Any other prior or existing understanding or agreement by the parties which is contrary to this agreement, whether formal or informal, regarding any such matters is hereby superseded by this Agreement. It is agreed and understood that each party to this Agreement voluntarily waives its right to negotiate with respect to any matter covered in this Agreement.
Any practices, policies, rules, regulations, or conditions of employment affecting any matter within the scope of bargaining under HEERA which have not been covered by this Agreement shall remain in effect until the parties’ obligations described in provision 3.3 below are met.
With respect to the matters covered in provision 3.2 above, the parties recognize that during the term of this Agreement the University may deem it necessary to make changes in areas within the scope of bargaining. Where the University decides to make such changes the University shall notify the Union of proposed changes thirty (30) calendar days prior to their proposed implementation.
The duty to negotiate changes made by the University in provision 3.3 is limited to bargaining regarding the impact of such changes on bargaining unit employees, but only when both of the following exist:
- Where the subject matter of the change is within the scope of representation pursuant to HEERA; and
- Where the Union makes a request to negotiate with the University within fifteen (15) calendar days of the date of the receipt by the Union of the University’s notice as described in provision 3.3.
An agreement resulting from negotiations in provision 3.4 above shall be executed in writing.
If the parties do not reach agreement in the negotiations, the impasse procedures pursuant to HEERA shall apply.
If the parties disagree as to whether a proposed change is subject to provision 3.3 above, such disagreement shall be subject to the Grievance Article of this agreement.
Employees shall not engage in strikes, including sympathy strikes, or other concerted activity.
The Union shall not promote, organize or support strikes, including sympathy strikes, or other concerted activities of bargaining unit employees.
The Union shall play a responsible role in preventing any employee from participating in any concerted activity and shall notify employees of such prohibitions.
The CSU agrees that it will not lock out any bargaining unit employees.
If the CSU believes that any provision of this Agreement is contrary to law, the CSU shall notify the Union that such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect. The notification shall include the specific reasons why the CSU believes that the provision(s) is contrary to law, including reference to relevant court decisions and/or statutory changes or any other relevant adjudicated rulings by an agency or court of competent jurisdiction.
In the event that the Union disagrees with the CSU’s belief that the provision(s) is contrary to law, the Union reserves the right to contest the CSU’s determination pursuant to the Grievance article of this agreement.
In the event that the Union agrees with the CSU’s belief that the provision(s) is contrary to law, then the parties shall meet and confer in good faith with respect to any provision found to be in contravention of the law, as soon as possible, but no later than thirty (30) days after such request unless the parties mutually agree to extend the date.