ARTICLE 37

WAIVER

 

A.          The University and the UC‑AFT acknowledge that during the negotiations which resulted in this MOU, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU and that this MOU constitutes the agreement arrived at by the parties.

 

B.        The rights granted and the policies and procedures set forth in the Academic Personnel Manual will no longer apply to NSFs, except as specifically set forth below or elsewhere in this MOU.

 

C.        The University and the UC-AFT agree that the applicable parts of the following policies and procedures continue to apply to NSFs:

 

Patent 

   Copyright

Indemnity

APM 190, A-1 ­ Whistleblower Policy

APM 190, A-2 ­ Whistleblower Protection Policy

APM 520 ­ Employment of Near Relatives

APM 660 - Additional Compensation/General

APM 662 - Additional Compensation/University Extension Teaching

APM 663 - Additional Compensation/University Extension Correspondence Courses

APM 664 - Additional Compensation/Services as Faculty Consultant

APM 665 - Additional Compensation/Reading Manuscripts

APM 666 - Additional Compensation/Lecturers and Similar Service

APM 667 - Additional Compensation/Extra-Murally Funded Research

 

Only changes in the above policies and procedures applicable to NSFs will be subject to notice and the meet and confer process.  Implementation of any of these proposed policies, procedures, rules or regulations, will not be delayed for other employees by the failure of the parties to complete the meet and confer process or the failure to reach agreement.

 

D.        The University and the UC-AFT agree that the University may, during the life of this MOU, establish and administer policies, procedures, rules and regulations.  In the event the University proposes the establishment of a policy, procedure, rule or regulation that is systemwide in nature and has significant impact on the terms and conditions of employment of NSFs, the University agrees to meet and confer upon timely written request with the UC-AFT regarding the significant impacts on members of the unit.  Implementation of any of these proposed policies, procedures, rules or regulations, will not be delayed for other employees by the failure of the parties to complete the meet and confer process or the failure to reach agreement.

 

E.         Except as otherwise provided for in this MOU, or upon mutual consent of the parties to seek written amendment thereto, the University and the UC‑AFT, for the life of this MOU, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered in this MOU, or with respect to any subject or matter not specifically referred to or covered by this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU.