“Fee waiver” as proposed by the Union shall be defined as the waiver of full State University and campus fees for bargaining unit employees with a 25% time base appointment in a given term, or who work 160 hours per semester (110 hours per quarter).
The parties agree that there will be no implementation of fee waivers defined above in fiscal year 2010/11 or 2011/12. The implementation of fee waivers defined above in fiscal year 2012/13 will be at the discretion of the CSU subject to the administration’s determination that it has received funding sufficient to implement the cost of this benefit. This determination shall not be subject to Article 10, Grievance Procedure.
No sooner than July 1, 2012, the Union may ask for a response on the CSU administration’s determination whether it has received sufficient funding to implement the cost of this benefit. The CSU must respond within 30 days. If the CSU administration responds that it has not received funding sufficient to implement the cost of fee waivers defined above for fiscal year 2012/13, then the parties shall re-open bargaining on whether to provide fee waivers in fiscal year 2012/13. The requirements of Article 5, Concerted Activities, shall not be in effect regarding these re-opener negotiations. Instead, the rights of the parties regarding concerted activities shall be as provided under HEERA.
This Article shall be subject to the Education Code and the Government Code.