Common use of APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS Clause in Contracts

APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE 1. The University shall provide the AAUP-AFT with written notice of at least twenty- one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period. 1 The determination of whether a fiscal emergency exists shall not be limited to whether there is a reduction in State appropriations/funding. 2. Along with the Notice provided to the AAUP-AFT pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: − The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists; − The audited financial statements for the prior fiscal year; − Quarterly Statement of Net Position (Balance Sheet) for the current fiscal year; − Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) for the current fiscal year; − Quarterly Statement of Cash Flows (Statement of Cash Flows); − Unaudited End of Year financial statements for the statements listed above; − University budget request submitted to the Department of Treasury for past, current and upcoming fiscal years; and − The University’s Unrestricted Operating Budget for the current fiscal year and budget for the upcoming fiscal year. − The AAUP-AFT may request in writing additional financial information. Disputes over the provision of information shall be decided by the designated arbitrator on an expedited basis. 3. During the notice period, upon written request by the AAUP-AFT, the University shall commence negotiations over measures to address the fiscal emergency. The University is not obligated to negotiate to impasse in order to withhold any of the economic provisions of this Article. At any point during the notice period the AAUP-AFT may file a grievance pursuant to paragraph 5 below. 4. The AAUP-AFT agrees that during the notice and negotiation period it will not initiate any legal action, in any forum, to challenge the University’s intended action other than as specified in paragraph 3 above. 5. If the parties have not agreed upon measures to address the fiscal emergency, the AAUP-AFT may file a grievance under Article 5 of the Agreement. The grievance shall proceed directly to arbitration. Such arbitration shall be concluded within ninety (90) days of implementation of the University’s decision to withhold any of the economic provisions outlined above in this Article. 6. The arbitrator shall determine whether a fiscal emergency existed (exists) at the University based on the evidence presented. The arbitrator shall not have the authority to reallocate University funds. The arbitrator’s decision shall be binding on all parties. The parties designate Arbitrator Xxxxxx Xxxxxxxxx to hear disputes that arise under Part Two of Article 8. The parties designate Arbitrator Xxxxxx Xxxxxx as an alternate to hear such disputes. If neither arbitrator is available to hear the dispute consistent with the provisions of this Article, the parties shall mutually agree upon another arbitrator.

APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLEArticle In the event the University intends to withhold any of the economic provisions of this Article by invoking the “subject to” language in the prefatory paragraph of this Article, it is agreed that the invocation of the “subject to” language will be based on a determination by the University that there exists a fiscal emergency.1 If the University invokes the prefatory “subject to” language following the determination of a fiscal emergency, the University agrees as follows: 1. A. The University shall provide the AAUP-AFT AFSCME Local 888 with written notice of at least twenty- one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period. If due to a reduction in State funding/appropriations to the University for the next fiscal year, the University determines that a fiscal emergency exists and if based on the date the University learns of the reduction it is not possible to provide the full twenty-one (21) calendar days’ notice, the University shall provide the maximum notice possible. If the University provides fewer than twenty-one days’ notice, upon request of AFSCME Local 888 negotiations pursuant to paragraph 3 below shall commence within 72 hours; however, the University shall be permitted to delay the implementation of salary increases during the shortened period of negotiations. B. Along with the Notice provided to AFSCME Local 888 pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: 1 The determination of whether a fiscal emergency exists shall not be limited to whether there is a reduction in State appropriations/funding. 2. Along with the Notice provided to the AAUP-AFT pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: − The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists; − The audited financial statements for the prior fiscal year; − Quarterly Statement of Net Position (Balance Sheet) for the current fiscal year; − Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) for the current fiscal year; − Quarterly Statement of Cash Flows (Statement of Cash Flows); − Unaudited End of Year financial statements for the statements listed above; − University budget request submitted to the Department of Treasury for past, current and upcoming fiscal years; and − The University’s Unrestricted Operating Budget for the current fiscal year and budget for the upcoming fiscal year. − The AAUP-AFT • AFSCME Local 888 may request in writing additional financial information. Disputes over the provision of information shall be decided by the designated arbitrator on an expedited basis. 3. C. During the notice period, upon written request by the AAUP-AFTAFSCME Local 888, the University shall commence negotiations over measures to address the fiscal emergency. The University is not obligated to negotiate to impasse in order to withhold any of the economic provisions of this Article. At any point during the notice period the AAUP-AFT AFSCME Local 888 may file a category one grievance pursuant to paragraph 5 below. 4. The AAUP-AFT D. AFSCME Local 888 agrees that during the notice and negotiation period it will not initiate any legal action, in any forum, to challenge the University’s intended action other than as specified in paragraph 3 above. 5. E. If the parties have not agreed upon measures to address the fiscal emergency, the AAUP-AFT AFSCME Local 888 may file a grievance under Article 5 4 of the Agreement. The grievance shall proceed directly to arbitration. Such arbitration shall be concluded within ninety (90) days of implementation of the University’s decision to withhold any of the economic provisions outlined above in this Article. 6. The arbitrator shall determine whether a fiscal emergency existed (exists) at the University based on the evidence presented. The arbitrator shall not have the authority to reallocate University funds. The arbitrator’s decision shall be binding on all parties. The parties designate Arbitrator Xxxxxx Xxxxxxxxx to hear disputes that arise under Part Two of Article 8this Article. The parties designate Arbitrator Xxxxxx Xxxxxx as an alternate to hear such disputes. If neither arbitrator is available to hear the dispute consistent with the provisions of this Article, the parties shall mutually agree upon another arbitrator. F. The University agrees not to invoke the “Application Of The Subject To Language In The Preface To This Article” in Article 10(I) in Fiscal Year 2022- 2023 (July 1, 2022 – June 30, 2023).

APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLEArticle In the event the University intends to withhold any of the economic provisions of this Article by invoking the “subject to” language in the prefatory paragraph of this Article, it is agreed that the invocation of the “subject to” language will be based on a determination by the University that there exists a fiscal emergency.1 If the University invokes the prefatory “subject to” language following the determination of a fiscal emergency, the University agrees as follows: 1. A. The University shall provide the AAUP-AFT AFSCME Local 888 with written notice of at least twenty- one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period. If due to a reduction in State funding/appropriations to the University for the next fiscal year, the University determines that a fiscal emergency exists and if based on the date the University learns of the reduction it is not possible to provide the full twenty-one (21) calendar days’ notice, the University shall provide the maximum notice possible. If the University provides fewer than twenty-one days’ notice, upon request of AFSCME Local 888 negotiations pursuant to paragraph 3 below shall commence within 72 hours; however, the University shall be permitted to delay the implementation of salary increases during the shortened period of negotiations. B. Along with the Notice provided to AFSCME Local 888 pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: 1 The determination of whether a fiscal emergency exists shall not be limited to whether there is a reduction in State appropriations/funding. 2. Along with the Notice provided to the AAUP-AFT pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: − The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists; − The audited financial statements for the prior fiscal year; − Quarterly Statement of Net Position (Balance Sheet) for the current fiscal year; − Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) for the current fiscal year; − Quarterly Statement of Cash Flows (Statement of Cash Flows); − Unaudited End of Year financial statements for the statements listed above; − University budget request submitted to the Department of Treasury for past, current and upcoming fiscal years; and − The University’s Unrestricted Operating Budget for the current fiscal year and budget for the upcoming fiscal year. − The AAUP-AFT • AFSCME Local 888 may request in writing additional financial information. Disputes over the provision of information shall be decided by the designated arbitrator on an expedited basis. 3. C. During the notice period, upon written request by the AAUP-AFTAFSCME Local 888, the University shall commence negotiations over measures to address the fiscal emergency. The University is not obligated to negotiate to impasse in order to withhold any of the economic provisions of this Article. At any point during the notice period the AAUP-AFT AFSCME Local 888 may file a category one grievance pursuant to paragraph 5 below. 4. The AAUP-AFT D. AFSCME Local 888 agrees that during the notice and negotiation period it will not initiate any legal action, in any forum, to challenge the University’s intended action other than as specified in paragraph 3 above. 5. E. If the parties have not agreed upon measures to address the fiscal emergency, the AAUP-AFT AFSCME Local 888 may file a grievance under Article 5 4 of the Agreement. The grievance shall proceed directly to arbitration. Such arbitration shall be concluded within ninety (90) days of implementation of the University’s decision to withhold any of the economic provisions outlined above in this Article. 6. The arbitrator shall determine whether a fiscal emergency existed (exists) at the University based on the evidence presented. The arbitrator shall not have the authority to reallocate University funds. The arbitrator’s decision shall be binding on all parties. The parties designate Arbitrator Xxxxxx Xxxxxxxxx to hear disputes that arise under Part Two of Article 8this Article. The parties designate Arbitrator Xxxxxx Xxxxxx as an alternate to hear such disputes. If neither arbitrator is available to hear the dispute consistent with the provisions of this Article, the parties shall mutually agree upon another arbitrator.

APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE 1. The University shall provide the AAUP-AFT BHSNJ with written notice of at least twenty- twenty-one (21) 21 - calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) 21 - calendar day notice period. 1 The determination of whether . If due to a reduction in State funding/appropriations to the University for the next fiscal year, the University determines that a fiscal emergency exists and if based on the date the University learns of the reduction it is not possible to provide the full twenty-one 21 - calendar days notice, the University shall not provide the maximum notice possible. If the University provides fewer than twenty-one days notice, upon request of the AAUP- BHSNJ negotiations pursuant to paragraph 3 below shall commence within 72 hours; however, the University shall be limited permitted to whether there is a reduction in State appropriations/fundingdelay the implementation of salary increases during the shortened period of negotiations. 2. Along with the Notice provided to the AAUP-AFT BHSNJ pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: − - The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists; − - The audited financial statements for the prior fiscal year; − - Quarterly Statement of Net Position (Balance Sheet) Sheet - for the current fiscal year; − - Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) Budget - for the current fiscal year; − - Quarterly Statement of Cash Flows (Statement of Cash Flows)Flows -; − - Unaudited End of Year financial statements for the statements listed above; − - University budget request submitted to the Department of Treasury for past, current and upcoming fiscal years; and − - The University’s Unrestricted Operating Budget for the current fiscal year and budget for the upcoming fiscal year. − The AAUP-AFT BHSNJ may request request, in writing writing, additional financial information. Disputes over the provision of information shall be decided by the designated arbitrator on an expedited basis. 3. During the notice period, upon written request by the AAUP-AFTBHSNJ, the University shall commence negotiations over measures to address the fiscal emergency. The University is not obligated to negotiate to impasse in order to withhold any of the economic provisions of this Article. At any point during the notice period the AAUP-AFT BHSNJ may file a grievance pursuant to paragraph 5 below. 1 The determination of whether a fiscal emergency exists shall not be limited to whether there is a reduction in State appropriations/funding. 4. The AAUP-AFT BHSNJ agrees that during the notice and negotiation period it will not initiate any legal action, in any forum, to challenge the University’s intended action other than as specified in paragraph 3 above. 5. If the parties have not agreed upon measures to address the fiscal emergency, the AAUP-AFT AAUP- BHSNJ may file a grievance under Article 5 III of the Agreement. The grievance shall proceed directly to arbitrationarbitration under Article III.D.2. Such arbitration shall be concluded within ninety (90) 90 - days of implementation of the University’s decision to withhold any of the economic provisions outlined above in this Article. 6. The arbitrator shall determine whether a fiscal emergency existed (exists) exists - at the University based on the evidence presented. The arbitrator shall not have the authority to reallocate University funds. The arbitrator’s decision shall be binding on all parties. The parties designate Arbitrator Xxxxxx Xxxxxxxxx X.X. Xxxxxxx to hear disputes that arise under Part Two Section J of Article 8VIII. The parties designate Arbitrator Xxxxxx Xxxxxx as an alternate to hear such disputes. If neither arbitrator is available to hear the dispute consistent with the provisions of Section J of this Article, the parties shall mutually agree upon another arbitrator.

APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLEArticle In the event the University intends to withhold any of the economic provisions of this Article by invoking the “subject to” language in the prefatory paragraph of this Article, it is agreed that the invocation of the “subject to” language will be based on a determination by the University that there exists a fiscal emergency.1 If the University invokes the prefatory “subject to” language following the determination of a fiscal emergency, the University agrees as follows: 1. A. The University shall provide the AAUP-AFT Doctors Council with written notice of at least twenty- twenty-one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period. If due to a reduction in State funding/appropriations to the University for the next fiscal year, the University determines that a fiscal emergency exists and if based on the date the University learns of the reduction it is not possible to provide the full twenty-one (21) calendar days’ notice, the University shall provide the maximum notice possible. If the University provides fewer than twenty-one days’ notice, upon request of Doctors Council negotiations pursuant to paragraph 3 below shall commence within 72 hours; however, the University shall be permitted to delay the implementation of salary increases during the shortened period of negotiations. B. Along with the Notice provided to Doctors Council pursuant to paragraph A above, the University shall provide the latest available statements/financial documents, as follows: - The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists; - The audited financial statements for the prior fiscal year; - Quarterly Statement of Net Position (Balance Sheet) for the current fiscal year; - Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) for the current fiscal year; 1 The determination of whether a fiscal emergency exists shall not be limited to whether there is a reduction in State appropriations/funding. 2. Along with the Notice provided to the AAUP-AFT pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: − The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists; − The audited financial statements for the prior fiscal year; − Quarterly Statement of Net Position (Balance Sheet) for the current fiscal year; − Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) for the current fiscal year; − - Quarterly Statement of Cash Flows (Statement of Cash Flows); − - Unaudited End of Year financial statements for the statements listed above; − - University budget request submitted to the Department of Treasury for past, current and upcoming fiscal years; and − - The University’s Unrestricted Operating Budget for the current fiscal year and budget for the upcoming fiscal year. − The AAUP-AFT Doctors Council may request in writing additional financial information. Disputes over the provision of information shall be decided by the designated arbitrator on an expedited basis. 3. C. During the notice period, upon written request by the AAUP-AFTDoctors Council, the University shall commence negotiations over measures to address the fiscal emergency. The University is not obligated to negotiate to impasse in order to withhold any of the economic provisions of this Article. At any point during the notice period the AAUP-AFT Doctors Council may file a category one grievance pursuant to paragraph 5 E below. 4. The AAUP-AFT D. Doctors Council agrees that during the notice and negotiation period it will not initiate any legal action, in any forum, to challenge the University’s intended action other than as specified in paragraph 3 C above. 5. E. If the parties have not agreed upon measures to address the fiscal emergency, the AAUP-AFT Doctors Council may file a grievance under Article 5 19 of the Agreement. The grievance shall proceed directly to arbitrationarbitration pursuant to Article 19. Such arbitration shall be concluded within ninety (90) days of implementation of the University’s decision to withhold any of the economic provisions outlined above in this Article. 6. The arbitrator shall determine whether a fiscal emergency existed (exists) at the University based on the evidence presented. The arbitrator shall not have the authority to reallocate University funds. The arbitrator’s decision shall be binding on all parties. The parties designate Arbitrator Xxxxxx Xxxxxxxxx to hear disputes that arise under Part Two of Article 8this Article. The parties designate Arbitrator Xxxxxx Xxxxxx as an alternate to hear such disputes. If neither arbitrator is available to hear the dispute consistent with the provisions of this Article, the parties shall mutually agree upon another arbitrator.