Montana State University
Office of the Provost > Collective Bargaining Agreement > Non Tenure Track Faculty

Article 2 : Contract Management

SECTION CONTENTS

2.01 Entire Agreement
2.02 Term Of Agreement
2.03 Distribution Of Contract
2.04 Printing Costs
2.05 Waiver Clause
2.06 Severability
2.07 Amendment
2.08 Effect By Passage Of Law
2.09 Negotiations And Submission Of Proposals
2.10 References
2.11 Budget Rescissions
2.12 Non-Discrimination
2.13 No Strike - No Lockout
2.14 Labor-Management Committee

2.01 ENTIRE AGREEMENT

This agreement constitutes the entire negotiated agreement between the Parties and supersedes any previous regulations, faculty contracts, previous practices, or policies which are in conflict with the expressed terms of this agreement. This agreement shall constitute the master agreement for all faculty members in the bargaining unit.

2.02 TERM OF AGREEMENT

This agreement is effective upon ratification by the Board of Regents and shall remain in full force and effect through the 30th day of June, 2013. Negotiations on a subsequent agreement shall commence on a mutually-agreeable date.
This Agreement is entered into on this  28 day of  November  of 2011.

For the Employer

 

For the AFMSU

Stearns signature
Sheila M. Stearns
Commissioner of Higher Education

 

Cargill signature
Kari Cargill
President, AFMSU (NTT)

     
McRae signature
Kevin McRae
Associate Commissioner of Communications and Human Resources
   

 

2.03 DISTRIBUTION OF CONTRACT

Upon final ratification and approval of this agreement a copy will be posted on the Board of Regents website. The AFMSU will prepare and distribute electronic copies and/or hard copies of the agreement to members of the bargaining unit.

2.04 PRINTING COSTS

Costs for printing up to 50 copies of this agreement and all attachments herein shall be shared equally by the parties.

2.05 WAIVER CLAUSE

Regardless of any procedure set forth in this agreement, the signatory parties may mutually agree upon any method for achieving goals; or resolving any question, controversy, claim or matter of difference related to this agreement or the performance or breach of any part thereof. No action taken under the provisions of this section shall constitute a past practice for future negotiations.

2.06 SEVERABILITY

It is understood and agreed by the parties to this Agreement that any provision inconsistent with or contrary to law shall be considered as deleted from the agreement without harm to the remaining provisions of the agreement. If any section of this Agreement or any addendum to it is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any section is restrained by such tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement for such section.

2.07 AMENDMENT

If a mutually acceptable amendment to this agreement is negotiated by the parties, it shall be written and submitted for ratification by the Board of Regents and the Association. When it is ratified by both the BOR and the members of the Association, it shall become a part of the agreement.

Changes or additions to this agreement during its term may be negotiated only upon mutual agreement of the parties. Any agreed-to changes or additions shall be made effective upon any date agreed upon by both parties and shall expire upon the expiration of this agreement. For changes or additions to be effective, they must be set down in writing and approved and signed by the union President and the Commissioner.

2.08 EFFECT BY PASSAGE OF LAW

Any provision of this agreement that is contrary to law, but becomes legal during the life of this agreement, shall take immediate effect upon the enactment of such legislation.

2.09 NEGOTIATIONS AND SUBMISSION OF PROPOSALS

By February 1 (four months prior to the expiration of the Agreement), the parties will exchange lists of new items and of those existing sections they intend to modify, amend, delete, or otherwise change. The scope of bargaining during the initial bargaining session shall be limited to provisions included on the exchange of lists. However, both parties may expand their lists or raise new issues through two subsequent meetings (up to and including the third bargaining session). Nothing in this provision prevents either party from introducing new provisions or proposals after the third bargaining session for reasons that are permissible and in good faith under collective bargaining laws; however, neither party is obligated to agree with a particular proposal.

2.10 REFERENCES

Any references to policies in this agreement shall be a reference to the policy as of the date of ratification of this agreement.

2.11 BUDGET RESCISSIONS

If the University has its appropriation reduced by the legislature or the Governor during the term of this agreement, those portions of this agreement that are contingent upon the availability of resources may be opened for negotiations by mutual agreement of the parties.

2.12 NON-DISCRIMINATION

The Parties shall not discriminate on the basis of race, creed, religion, color, sex, physical or mental disability, age, national origin, political belief, or sexual orientation.

The exclusive remedy for adjudicating claims of discrimination that are subject to the Montana Human Rights Act shall be the statutory complaint procedures provided for in Title 49, MCA. For all other claims of alleged discrimination, the exclusive remedy for adjudicating disputes shall be the grievance and arbitration provisions of this collective bargaining agreement.

The Parties shall refrain from unfair labor practices, including but not limited to anti-union animus or retaliation for free exercise of rights provided by this collective bargaining agreement. The exclusive remedy for adjudicating disputes over alleged unfair labor practices or discrimination on the basis of protected union activity shall be the statutory complaint procedure of the Board of Personnel Appeals as provided for in Title 39, MCA.

2.13 NO STRIKE - NO LOCKOUT

The parties agree that bargaining unit members shall not engage in any strike, work stoppage, or slowdown; and that the Administration shall not lockout bargaining unit members during the term of this agreement.

2.14 LABOR-MANAGEMENT COMMITTEE

The Parties value a cooperative working relationship as effective in promoting excellence in education. In the interest of cooperation and good communication, the Parties agree to establish a labor-management committee consisting of six members / representatives. The Association shall appoint three representatives of the Association. The Administration shall appoint three representatives of the Administration. The committee is encouraged to seek labor-management committee training and develop a committee charter with a structure for meeting agendas, procedures, etc.


Table of Contents