A. DURATION

This Agreement shall be in full force and effect from and after July 1, 2001; provided, however, that nothing herein contained shall be deemed to impose on the Board of Higher Education any obligation the discharge of which may require the expenditure of moneys for which an appropriation may be required to be sought pursuant to General Laws Chapter 150E, Section 7, as amended, until such time as such appropriation shall have been duly made by the General Court pursuant to the said provision of the General Laws, and until such time as moneys so appropriated in the amounts requested by the Board of Higher Education pursuant to the said Section 7 shall have been allocated to the appropriate accounts of the College; and provided further that, notwithstanding the foregoing, whenever the General Court shall not have acted pursuant to the said provision, or whenever such moneys have not been so allocated, and the Board of Higher Education shall have moneys allocable to the discharge of any obligation herein contained and any such moneys shall, at the sole discretion of the Board of Higher Education, have been so allocated, such obligation shall be discharged in such measure as such moneys so allocated permit.

If, in respect of this Agreement,

a. The Governor shall have failed to recommend that the General Court appropriate all the moneys requested by the Board of Higher Education to fund the incremental cost items of this Agreement, all as is provided in General Laws Chapter 150E, Section 7, as amended; or

b. The Governor shall have otherwise failed to approve such request of the Board of Higher Education in accordance with the provision of any other law; or

c. The General Court shall have failed, on or before December 31, 2001, to appropriate the moneys so recommended and so requested, whether pursuant to the provisions of the said Section 7 or otherwise;

d. The moneys so requested or approved and so appropriated shall not have been allocated to the appropriate accounts of each College by January 31, 2002, the Association shall have the right, upon thirty (30) days’ written notice to the Board of Higher Education, to require that the parties to this Agreement shall resume collective bargaining pursuant to the provisions of General Laws Chapter 150E; provided, however, that whenever such notice shall have been duly given, the cost items contained in this Agreement for which an appropriation has been requested, shall be null and void and shall be of no force and effect from and after the date on which such notice shall have effect.

This Agreement shall expire at midnight on June 30, 2003. Either party may give notice to the other requiring commencement of negotiations for a successor agreement not sooner than January 15, 2003, and upon such notice the parties shall commence such negotiations not later than March 30, 2003.

If an agreement shall not have been reached by June 30, 2003, this Agreement shall continue in full force and effect until the fifth (5th) day following receipt of written notice given by either party to the other of its intention to terminate this Agreement. Notice to the Association shall be given to the President of the Association. Notice to the Board of Higher Education shall be given to the Chair of the Council of Presidents.

B. EXTENT

The Board of Higher Education and the Association acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the applicable area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement, which shall constitute the sole Agreement between the parties for the duration thereof.

Therefore, the Board of Higher Education and the Association for the life of this Agreement each voluntarily and unqualifiedly waives the right, and agrees that the other shall not be obliged, to bargain collectively with respect to any term or condition of this Agreement; nor shall any duty or responsibility not required or permitted as of the date of execution of this Agreement be added to the workload or be assigned to any unit member without prior consultation with the Chapter President and negotiation with the Association, if so requested by the President of the Association.

Nothing in this provision shall be deemed to prohibit the parties to this Agreement from conducting negotiations during the term thereof regarding the impact on the terms and conditions of service of any member or members of the bargaining unit caused by any decision of the Board of Higher Education or its successor in interest or by the enactment of law to close any College or to merge any College with any other educational institution.

The parties expressly agree that the provisions of this Section B are not intended, nor are they to be deemed, to vest in the Association any right to initiate negotiations concerning any matter, except as hereinbefore provided; nor are they to be construed to be a maintenance of standards clause grandfathering all past practice.

C. COST ITEMS AND APPROPRIATION

1. The incremental cost items contained in this Agreement are specifically subject to additional, complete and identifiable appropriation by the General Court and shall not become effective unless the appropriation necessary to fully fund such incremental cost items has been enacted in accordance with Massachusetts General Laws, Chapter 150E, Section 7, and allocated in accordance with law to the accounts of the several State Colleges, in which case the incremental cost items shall be effective on the dates provided in this Agreement.

2. All bargaining unit members shall receive the benefit of the cost items of this Agreement in the cases where those cost items are effective for state-funded employees. In the case of Institute, Grant or Contract unit members, support funds must be available in the specific Institute, Grant or Contract budget for the fiscal year in which payment must be made.

3. The Board of Higher Education shall make a request for the funding of this Agreement as required by Massachusetts General Laws, Chapter 150E, Section 7. In the event that the additional, specific, complete and identifiable funding in each year of this agreement is not fully provided, the remaining incremental cost items shall be returned to the parties for further bargaining.