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ARTICLE
40
DURATION
[1]
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| A. DURATION
The terms and conditions of this Agreement shall remain
in full force and effect commencing at 12:00 midnight on August
25, 2005, and shall terminate at 11:59 p.m. on August 24, 2010.
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| B. REOPENER
BARGAINING
[2]
| 1. |
In accordance with the provisions of paragraphs
3, 4, and 5 of this section, one year following the date on
which the parties conclude the 2005 reopener negotiations,
the UC-AFT and the University shall reopen Article 21 –
Salary and Article 24 – Instructional Workload. Each
side shall also have the right to select an additional article
for reopener bargaining. Neither party shall reopen Article
11 - Benefits until the parties enter into reopener negotiations
in 2008.
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| 2. |
In accordance with the provisions of paragraphs 3, 4, and
5 of this section, three years following the date on which
the parties conclude the 2005 reopener negotiations, the UC-AFT
and the University shall each have the right to select up
to three articles for reopener negotiations.
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| 3. |
By no later than October 1, of the year in which negotiations
occur, the parties shall meet and discuss their plans with
respect to reopener negotiations. Any agreement reached between
the parties, including an agreement to forego or limit reopener
bargaining shall be reduced to writing by no later than October
15.
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| 4. |
In the years that the UC-AFT and the University
wish to bargain over reopened articles, the parties must exchange
written notice of the articles selected to be reopened no
later than November 1. The UC-AFT and the University shall
exchange written contract language proposals no later than
November 15. By December 15, the parties shall agree upon
a start date for negotiations.
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| 5. |
During the period of reopener negotiations, reopened articles
remain in full force and effect until either final settlement,
exhaustion of impasse procedures or expiration of the entire
agreement.
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| 6. |
The University will lift the contractual prohibition against
strikes and concerted activities provided for in the No Strikes
Article following conclusion of the impasse fact finding process.
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C. NEGOTIATIONS
OF A SUCCESSOR AGREEMENT
On August 25, 2010 the entire contract may be open for the purpose
of negotiating amendments to any Article. Timely notice, as provided
below, shall impose the duty to engage in meeting and conferring
for the purposes of negotiating amendments to the Article(s) specified.
Neither party shall have any obligation or requirement to negotiate
any provisions of any Article(s) not timely noticed.
| 1. |
No later than February 1, 2010
the University and the UC-AFT shall meet for one day, or as
mutually agreed, to discuss each Article of the contract and
present issues of interest for the successor bargaining.
[3] During this meeting, the parties shall alternate
being the first party to present its issues of interest on
each article.
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| 2. |
Each party must provide the other with written notice
of its selected article(s) and a list of bargaining team members
by no later than March 1, 2010. Included in such notice shall
be each party’s written contract language proposals
for the articles subject to negotiations.
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| 3. |
By April 15, 2010 the parties
shall set a mutually agreeable start date for the negotiations.
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D.
In the event that neither party gives timely notice as set forth
in this section, this MOU shall remain in effect on a year-to-year
basis. In the event that the MOU continues in this manner, the parties
shall provide written notice of selected articles and a list of
bargaining team members for a successor MOU no later than January
1 of the applicable year. Thereafter, the parties shall follow the
requirements for negotiations of a successor agreement as set forth
in C, above.
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