The Council of UC Faculty Associations

• Home
• News
• About CUCFA
• Accomplishments
• Officers
• Bylaws
• HEERA / The Berman Act
• UCSC MOU
• Join
• Links
• Contact Us
• Keep California's Promise

Memorandum of Understanding UCSC FA and the University of California

I. RECOGNITIONS
A. The Regents of the University of California (hereinafter simply "the administration") recognizes the Santa Cruz Faculty Association (hereinafter simply "the Association") as the exclusive representative of those members of the Santa Cruz Division of the Academic Senate included within the unit certified by the Public Employment Relations Board in Case No. SF-PC-1041 for the purposes of meeting and conferring as specified by the Higher Education Employer-Employee Relations Act and for purposes of consultation under Sections 3562(q)(4) and 3579 (e) of the HEERA.

B. The administration and the Association acknowledge that during the meeting and conferring which resulted in this Memorandum of Understanding, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation as it applies at the divisional level.

C. The administration and the Association shall each designate to the other the representatives to meet and confer, or to consult, as specified in Section A and to take any other action provided for in this Memorandum of Understanding.

II. MEETING AND CONFERRING
A. Association Proposals
1. If the Association seeks a change in any term or condition of employment within the scope of representation at the divisional level, the Association shall serve written notice on the administration specifying the subject matter and specific nature of the desired change.

2. Within fifteen (15) working days after receipt of such notice, the administration will meet with the Association at a mutually convenient time and place for the purpose of meeting and conferring concerning the proposed change. If the parties reach agreement effecting a change in a term or condition of employment which is within the scope of representation at the divisional level, that agreement including its duration shall be reduced to writing, signed by the parties and shall become a part of this Memorandum of Understanding. In no event, however, shall the duration of the agreement extend beyond the expiration date of the Memorandum of Understanding of which it becomes a part.

If after forty-five (45) working days from the opening of the meeting and conferring, no agreement has been reached, the meeting and conferring shall be terminated and the administration shall have no further obligation with respect to meeting and conferring on the subject of the proposed change except as provided for in Section II. B. of the Memorandum of Understanding.

3. Neither party may invoke the statutory impasse procedure or any alternative impasse procedure in order to resolve any impasse in the meeting and conferring under this Section II. A.

4. Once the Association has proposed a change in a term or condition of employment and meeting and conferring has occurred, regardless of the outcome, the administration shall have no obligation to meet and confer concerning any change proposed by the Association in that term or condition of employment for at lest one year from the date on which the meeting and conferring is concluded or the termination of this Memorandum of understanding, whichever is earlier.

B. Administration Proposals
1. If the administration proposes a change in any term or condition of employment within the scope of representation at the divisional level, it shall give to the Association such notice as required by HEERA of the proposed change and specify a date (not earlier than thirty (30) calendar days during the Fall, Winter and Spring term of instruction or forty-five (45) calendar days at other times) by which the Association must notify the administration that it wishes to meet and confer prior to its being effected. The administration shall make every reasonable effort to insure that its representatives are aware of the notification obligation contained in this section.

2. If the Association has failed to notify the administration that it wishes to engage in meeting and conferring on the change within the time specified, the administration may effect the proposed change without any further obligation to meet and confer with the Association on the matter for a period of at least one year after the change has become effective or the termination of the Memorandum of Understanding, whichever is earlier.

3. Should the Association believe that the administration has effected a change in a term or condition of employment within the scope of representation at the divisional level of which the Association has not been notified, the Association may request that the change be rescinded and that meeting and conferring take place on the change. Such a request must be within the time limits as specified in Paragraph II.B.1. beginning with the date on which the Association should reasonably have been aware of such change.

If the administration agrees that a change within the scope of representation at the divisional level has been made the change shall be rescinded, if feasible, if the Association so requests, and the parties shall meet and confer.

If the administration does not agree that a change has been made within the scope of representation at the divisional level the dispute shall be resolved as provided in Article VI., i.e., by arbitration if a question as to whether there has been a change or proper notice, by PERB if the question is as to scope as provided for in Section 3563(b) of HEERA.

If the administration chooses not to take a position on the scope issue, the change shall be rescinded, if feasible, if the Association so requests, and there will be no meeting and conferring until the scope issue is resolved as provided in Article VI., i.e. by PERB as provided for by Section 3563(b) of the HEERA.

It is the intention of the parties that recision of a change shall occur only when the administration concurs that the conditions justifying recision are met. A decision by the administration that rescinding of the change is not feasible shall be cognizable under the grievance procedure (Article VI).

4. If, after forty-five (45) calendar days from the date on which the meeting and conferring commenced, no agreement has been reached, either party or both parties jointly may invoke the statutory impasse procedures. By mutual agreement, the impasse procedures may be invoked prior to the end of the forty-five (45) calendar day period. If, within fifteen (15) calendar days of the conclusion of the impasse procedure no agreement has been reached the administration may implement the proposed change in the term or condition of employment which has been the subject of the meeting and conferring.

5. Any agreement representing a change in a term or condition of employment which is reached as a result either of direct negotiations or of the impasse procedures shall, including the duration of the agreement, be reduced to writing and, subject to appropriate ratification, become a part of this Memorandum of Understanding. In no event, however, shall the duration of the agreement extend beyond the expiration date of the Memorandum of Understanding of which it becomes a part.

6. Any of the time limits contained in this article may be modified by mutual consent of the parties.

III. CONSULTATION
This Memorandum of Understanding shall not abrogate or otherwise alter the consultation rights and obligations as provided for in Sections 3562 (q) (4) [Procedures and policies to be used for the appointment, promotion, and tenure of members of the academic senate, the procedures to be used for the evaluation of the members of the academic senate, and the procedures for processing grievances of members of the academic senate. The exclusive representative of members of the academic senate shall have the right to consult and be consulted on matters excluded from the scope of representation pursuant to this paragraph. If the academic senate determines that any matter in this paragraph should be within the scope of representation, or if any matter in this paragraph is withdrawn from the responsibility of the academic senate, the matter shall be within the scope of representation.

All matters not within the scope of representation are reserved to the employer and may not be subject to meeting and conferring, provided that nothing herein may be construed to limit the right of the employer to consult with any employees or employee organization on any matter outside the scope of representation.] and 3579 (e) of the HEERA [ ...the scope of representation of any divisional unit shall be limited to those matters which have customarily been determined on a division basis, but the employer shall consult with the exclusive representative of a division on matters which would be within the scope of representation or consultation of a statewide representative.] The parties will jointly develop procedures to implement these consultation rights and obligations.

IV. STRIKES
During the term of this Memorandum of understanding, the Association will not instigate, engage in, or support in any way any strike, work stoppage, concerted slowdown or other concerted refusal to perform work or provide service at the customary level, over any matters within the scope of representation and/or consultation as provided by Section 3562 (q)(4) and section 3579(e) of the HEERA. If any such strike, work stoppage, concerted slowdown or other concerted refusal to perform services should occur, the Association agrees to make all reasonable efforts to discourage and bring an end to such activity.

V. SEVERABILITY
In the event that any part of this Memorandum of Understanding is held to be illegal, invalid, void or unenforceable by any court of competent jurisdiction, all of the remaining conditions and provisions of this Memorandum of Understanding which are not rendered meaningless, inoperable or ambiguous shall remain in full force and effect during the term of this Memorandum of Understanding.

VI. GRIEVANCE PROCEDURES
(details on bringing a grievance, procedure, informal resolution, step 1, Arbitration.