Mediated: Duration

Coalition of University Employees (CUE)

2855 Telegraph Ave., Suite #302, Berkeley, CA 94705
Contact CUE (510) 845-2221 (phone), (510) 845-7444 (FAX)

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Mediated: Duration

DURATION
The terms and conditions of this Agreement shall remain in full force and effect commencing at 12:00 midnight on ______, 2003, and shall terminate at 11:59 p.m. on September 30, 2004.

REOPENER BARGAINING
1. The requirements for the University and/or CUE to reopen the Agreement are as follows:
  1. In 2003, only the Wages Article, 2004 parking and transportation rates and one additional Article selected by each party shall be subject to bargaining. By May 1, 2003 the parties shall set a mutually agreeable start date for the negotiations.
  2. If Supplemental Budget Language is enacted that changes the University’s obligation with respect to subcontracting, upon request of either party, the University or CUE may request to bargain the effects of the supplemental budget language on the Subcontracting Article.
  3. In 2004, all terms and conditions of employment covered by this Agreement will be subject to meeting and conferring, in accordance with the provisions of Section C. below.
2. The University will lift the contractual prohibition against strikes and concerted activities provided for in the No Strikes Article during reopener bargaining. However, both parties agree and understand that all HEERA requirements pertaining to the union’s ability to strike during negotiations remain in full force and effect.

NEGOTIATIONS OF A SUCCESSOR AGREEMENT
1. The requirements for the University and/or CUE to reopen the Agreement are as follows:
  1. No later than March 1, 2004 the University and CUE shall meet for one day, or as mutually agreed, to present issues of interest for the successor bargaining.
  2. CUE shall, no later than April 1, 2004 serve upon the University written notice of its intent to negotiate this Agreement, in accordance with Section B., above. Included in such notice shall be CUE’s written contract language proposals for the articles subject to negotiations.
  3. The University shall, no later than May 1, 2004, serve upon CUE, notice of its intent to negotiate the Agreement, in accordance with Section B., above. Included in such notice shall be the University’s written contract language proposals for the articles subject to negotiations.
  4. Timely notice as indicated in Section B, above given by either or both parties to this Agreement shall impose the duty to engage in meeting and conferring for the purposes of negotiating amendments to the Article(s) so specified.
  5. Such negotiations shall commence no later than June 1, 2004, unless otherwise mutually agreed to by the parties.
2. In order to facilitate reopener and successor negotiations, eleven (11) CUE representatives (no more than one from each campus) shall receive five (5) days of paid release time in order to provide the University with a comprehensive set of initial proposals prior to the commencement of negotiations. The University shall provide two (2) days of paid release time in order to provide reopener proposals to the University. Such release time shall be provided subject to the following conditions:
  1. No more than two (2) days of the release time for successor bargaining may be used in any calendar week. A written request for release time must be submitted to the supervisor at least 14 calendar days in advance of the need for release time.
  2. CUE will notify the Office of Labor Relations with a list of the CUE representatives on behalf of whom it seeks release time and the dates for their release.

Neither party shall have any obligation or requirement to negotiate any provisions of any Article(s) not timely designated.

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.

In the event that neither party gives timely notice as set forth in this section, this Memorandum of Understanding shall remain in effect on a year-to-year basis. In the event that the Memorandum of Understanding continues in this manner, written proposals and a list of bargaining team members for a successor Memorandum of Understanding shall be presented to the University by CUE no later than March 1 of the applicable year. The University shall present its written proposal no later than April 1 of the applicable year.