ARTICLE 40

DURATION

 

A.             DURATION

 

The terms and conditions of this Agreement shall remain in full force and effect commencing at 12:00 midnight on July 10, 2003, and shall terminate at 11:59 p.m. on June 30, 2006.

 

B.             REOPENER BARGAINING

 

1.             Neither party shall open Article 41, Parking, Article 11 Benefits, Article 21 Salary, or Article 35 No Strike for negotiations until the parties enter into successor negotiations in 2006.  Neither party shall open any portion of Article 7 until 2005.

 

2.             The UC-AFT and the University shall each have the opportunity to reopen specific articles of the contract for the negotiation of amendments to the chosen articles in accordance with the requirements specified below.  When either party has fulfilled its requirements to reopen the contract for negotiations, the parties will establish a date for the commencement of such negotiations by no later than April 1 of the year in which negotiations occur.  During such negotiations, each party shall have the right to make proposals about the article(s) selected for negotiations.

 

3.             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.

 

4.             By no later than March 1, of the year in which negotiations occur, the parties shall meet and discuss their plans with respect to reopener negotiations, except as provided in Section B.5., below.  Any agreement reached between the parties, including an agreement to forego or limit reopener bargaining shall be reduced to writing by no later than March 15.

 

5.             The UC-AFT and the University agree that the following are the requirements for reopening the Agreement: 

 

a.             Timely notice 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)             The UC-AFT and the University must exchange written notice of selected article(s) to be reopened no later than April 15.  Included in such notice shall be written contract language proposals for the articles subject to negotiations.

 

2)             By May 1 the parties shall set a mutually agreeable start date for the  negotiations.

 

b.             In 2004, the UC-AFT may open Article 24, Workload, and the University may designate one article for negotiations, in accordance with the special requirements for timely notice as provided in this section.  In 2004, the parties shall meet and discuss their plans with respect to reopener negotiations by no later than September 1, 2004.  Any agreement reached between the parties, including an agreement to forego or limit reopener bargaining, shall be reduced to writing by not later than September 15.  Each party shall provide their written notice of their selected article by no later than October 1, 2004.  Included in such notice shall be each partyıs written contract proposals for the selected article. 

 

c.              In 2005, each party may select up to two Articles for the purpose of negotiations, except as provided in Section B.1., above, and in accordance with the provisions of  Section B.4., above.

 

d.             The University will lift the contractual prohibition against strikes and concerted activities provided for in the No Strikes Article following conclusion of the impasse factfinding process. 

 

C.            NEGOTIATIONS OF A SUCCESSOR AGREEMENT

 

In 2006, 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.             Each party must provide the other with written notice of its selected article(s) by no later than April 1.  Included in such notice shall be each partyıs written contract language proposals for the articles subject to negotiations.

 

2.             By May 1 the parties shall set a mutually agreeable start date for the negotiations.

 

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 proposals and a list of bargaining team members for a successor MOU no later than April 1 of the applicable year.