2.83 Bargaining, Content and Construction
- All terms and conditions of employment, pending an initial contract agreed to by both parties, shall be subject to management rights, without bargaining or other restriction. Once a contract is entered into by the parties only a specific contract restriction can modify or interfere with management rights.
- The University shall not be required to bargain over matters of managerial rights, which shall include such areas of discretion or policy as the functions of the University, standards of services, its overall budget, the organizational structure and selection of new employees, and examination techniques.
- Each January 15 or prior thereto, that no collective bargaining agreement is in force for any recognized campus bargaining unit, the President of the University shall propose a date, time and location, on or after February 1 at which time the respective representatives will meet.
- At least one (1) week before such first meeting the representatives of the bargaining unit(s) shall present to the University's team through the President's office, a written proposal for consideration and bargaining.
- The parties shall meet thereafter and exchange proposals and bargain in good faith in a fair and earnest attempt to produce and finalize an agreed upon collective bargaining agreement.
- The bargaining shall conclude by the end of April of that same year, absent mutual agreement of the parties to extend such bargaining.
- Any proposal presented by a party shall identify in the written proposal document, and in the final agreement, any existing provision of the Rules and Regulations or Employee Handbook which is inconsistent with the proposed contract term and shall specifically state that the agreement provision shall prevail over the Rule or Regulation or Employee Handbook as to members of the Bargaining Unit. Failure to do so shall result in the Rule or Regulation and Employee Handbook prevailing over the agreement provision.
- Any final agreement shall contain a provision stating, and any final agreement shall be construed to provide that any collective bargaining agreement provisions shall not be binding on the University if changed appropriations, financial condition, weather, terrorism, strike, force majeure or emergency conditions arise and materially adversely change the financial and administrative condition of the University.
- Nothing in this Policy prevents an employee from presenting a grievance to the University and having the grievance heard and settled without the intervention of any labor organization. However, once an employee elects a process for review of any grievance the employee shall have waived any other internal review process.
- External processes are not waived unless the parties agree to do so through the collective bargaining process. Internal processes are those developed by the University. External processes are those developed by outside parties, such as the EEOC.
Effective Date
Approved by Board of Curators: January 15, 2026