ARTICLE
37
WAIVER [1]
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A. The University and the UC-AFT
acknowledge that during the negotiations which resulted in this
MOU, each had the right and opportunity to make demands and proposals
with respect to any subject or matter not removed by law from the
area of collective bargaining, and the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity
are set forth in this MOU and that this MOU constitutes the agreement
arrived at by the parties.
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B. The rights granted and the policies and
procedures set forth in the Academic Personnel Manual will no longer
apply to NSFs, except as specifically set forth below or elsewhere
in this MOU.
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C. The University and the UC-AFT agree that
the applicable parts of the following policies and procedures continue
to apply to NSFs:
Patent
Copyright
Indemnity
APM 190, A-1 – Whistleblower Policy
APM 190, A-2 – Whistleblower Protection Policy
APM 520 – Employment of Near Relatives
APM 660 - Additional Compensation/General
APM 662 - Additional Compensation/University Extension Teaching
APM 663 - Additional Compensation/University Extension Correspondence
Courses
APM 664 - Additional Compensation/Services as Faculty Consultant
APM 665 - Additional Compensation/Reading Manuscripts
APM 666 - Additional Compensation/Lecturers and Similar Service
APM 667 - Additional Compensation/Extra-Murally Funded Research
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Only changes in the above policies and procedures applicable to
NSFs will be subject to notice and the meet and confer process.
Implementation of any of these proposed policies, procedures, rules
or regulations, will not be delayed for other employees by the failure
of the parties to complete the meet and confer process or the failure
to reach agreement.
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D. The University and the UC-AFT agree that
the University may, during the life of this MOU, establish and administer
policies, procedures, rules and regulations. In the event the University
proposes the establishment of a policy, procedure, rule or regulation
that is systemwide in nature and has significant impact on the terms
and conditions of employment of NSFs, the University agrees to meet
and confer upon timely written request with the UC-AFT regarding
the significant impacts on members of the unit. Implementation of
any of these proposed policies, procedures, rules or regulations,
will not be delayed for other employees by the failure of the parties
to complete the meet and confer process or the failure to reach
agreement.
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E. Except as otherwise provided for in this
MOU, or upon mutual consent of the parties to seek written amendment
thereto, the University and the UC-AFT, for the life of this MOU,
each voluntarily and unqualifiedly waives the right, and each agrees
that the other shall not be obligated, to bargain collectively with
respect to any subject or matter referred to or covered in this
MOU, or with respect to any subject or matter not specifically referred
to or covered by this MOU, even though such subject or matter may
not have been within the knowledge or contemplation of either or
both of the parties at the time they negotiated or signed this MOU.
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