EFFECT OF AGREEMENT

7.1

Both parties had the opportunity during negotiations to make proposals with respect to any subject matter not prohibited by law from bargaining. To that end the parties’ agree that this Agreement only covers matters that relate to the employment status of bargaining unit members and does not abridge, modify, or alter any terms or conditions related to bargaining unit members’ status as a student. 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by the parties which is contrary to this agreement, whether formal or informal, regarding any such matters is hereby superseded by this Agreement.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.

7.2

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 7.3 below are met.

7.3

With respect to the matters covered in provision 7.2 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.

7.4

The duty to negotiate changes made by the University in provision 7.3 is limited to bargaining regarding the impact of such changes on bargaining unit employees, but only when both of the following exist:

  1. Where the subject matter of the change is within the scope of representation pursuant to HEERA; and
  2. 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 7.3.

7.5

An agreement resulting from negotiations in provision 7.4 above shall be executed in writing.

7.6

If the parties do not reach agreement in the negotiations, the impasse procedures pursuant to HEERA shall apply.

7.7

If the parties disagree as to whether a proposed change is subject to provision 7.3 above, such disagreement shall be subject to the Grievance and Arbitration Article of this agreement.