Common use of Totality of the Agreement Clause in Contracts

Totality of the Agreement. The parties 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 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. Therefore, United Academics and the University, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. Index A disciplinary investigation 49 academic freedom Disciplinary Investigation 49 Academic Freedom 5, 11 disclosure 64, 65, 68, 69 Academic Freedom Disclosure 64, 67 Academic Freedom 11 Discontinuance of Program 45 academic record file distance delivery 56 Academic Record File 51, 52, 53 distribution of net proceeds 65, 67, 69 administrative assignment Distribution of Net Proceeds 65, 68 Administrative Assignment 76 dues 7, 8 agency fee Dues 7, 10 Agency Fee 8 Agency Fee Agency Fee 7, 10 agency fees Agency Fee 8 agreement Agreement 4, 5, 8, 9, 10, 15, 17, 21, 22, 37, 40, 41, 51, 53, 62, 64, 65, 67, 68, 69, 72, 73, 80, 98 Appeal to Chancellor 14 E educational benefits 83 employment record file 52, 53 evaluation 6, 23, 26, 27, 29, 30, 32, 33, 34, 35, 36, 37, 40, 53, 58, 64, 73, 86 Evaluation 11, 23, 26, 27, 29, 32, 35, 38, 73, 86 Extension of Timelines 17, 21 Appeal to President 15 appeals board 19, 57 Faculty Appointment 23 Appeals Board 19, 20, 37 faculty development 33 Appointment Duration Faculty Development 9 Appointment Duration 25 Faculty Offices 93 arbitration Faculty Status 23 Arbitration 15, 17, 51 Failure to Respond 16 Arbitration financial exigency 48, 95 Arbitration 15, 16 Financial Exigency 48 F B base salary 71, 72, 73, 75, 76 bulletin board 10 C compensation 8, 53, 64, 70, 76, 77, 78, 86 Compensation 70, 76 Complaint Resolution Process 17, 59 Construction of the Agreement 22 current unit members Membership Lists 10 D deduction form 7, 8 Definitions Resolution Definition 12 determination 40, 41, 56, 58, 81 disability Disability Benefits 80 disciplinary action 26, 49, 50, 51, 52, 53 Disciplinary Action 49 Formal Resolution 13 Fourth-Year Comprehensive Review 27 free speech 11 funeral Funeral Leave 87 G General Provisions 16, 21 Geographic differentials 78 governance 5, 57, 95 Grievance Resolution Process 13, 16 Grievances Filed by the University 17 H Health and Safety 92 Health Insurance 80 holidays 83, 84 Holidays 83, 84 hours 9, 52, 56, 58, 59, 82, 93 I independent efforts 62, 63, 65 Independent efforts 62, 63 Independent Efforts 63, 65 informal resolution 13 Informal Resolution 13 information requested Information Requests 10 Non-tenure Track 24, 38, 43 O office hours 57, 93 outside activity 69 Initial Placement 70 initial placements 70 intellectual property 56, 61, 68 Intellectual Property 61, 64, 67, 69, 75 invention 62, 65, 67, 68 inventions 61, 62, 67, 68, 69 Inventions 65, 67, 68 J jury duty 88, 89 Jury Duty 88 just cause 44, 49 Just cause 44 Just Cause 44, 49 L leave of absence 41, 83, 85, 88, 89, 90 Leave of Absence 89 leave share 88 Leave Share 88 Lockout 97 lockouts 97 Locus of Tenure 40 M Management Rights 95 mandatory year of review 28, 42 market increases 71 Market Increases 71 medical records file 55 meet and confer 10, 22, 37, 45, 72, 88 Meet and Confer 98 membership 7, 8, 36 Membership 7 merit bonuses 72, 73 Merit Bonuses 72, 73 military leave 89 Military Leave 89 N Nondiscrimination 92 non-renewal 48 Non-renewal 43 non-retention 42, 58 Non-retention 23, 42, 48 non-tenure track 23, 24, 26, 40, 43 Non-tenure track 24, 46, 47 Outside Activity 69 Overload appointments 78 Overload Appointments 78 P parental leave 41, 87 Parental leave 87 personal vehicle 93 Personal Vehicle 93 personnel files 52, 55 Personnel Files 52 post-tenure review 33, 34, 35, 75 Post-Tenure Review 33 professional responsibilities 9, 50, 57, 84 Professional Responsibilities 57 program reduction 45 promotion 16, 19, 24, 26, 27, 29, 30, 33, 35, 41, 53, 54, 59, 67, 71, 80 R Reduction in Program 46 release of rights 68 Release of Rights 67 release time 9 Release Time 9 Relocation 93 Representatives and Privileges Union Representatives and Privileges 9 research 24, 40, 49, 56, 57, 58, 59, 62, 70, 73, 75, 76, 78, 85, 93, 95 resignation 44 Resignation 44 resolution of disputes 12 Resolution of Disputes 12 retirement 83, 86, 90 Retirement 44 Rights of Retrenched Unit Members 48 S sabbatical 41, 42, 85, 86, 87 Sabbatical 85 Salary Augmentation 76 service 7, 8, 12, 13, 19, 40, 41, 42, 43, 45, 46, 47, 56, 57, 58, 59, 70, 73, 75, 76, 78, 82, 85, 86, 88, 89, 90, 91, 93, 94, 95 sick leave 85, 87, 88, 90 Sick Leave 87, 88 sick leave without pay 87 special assignments 91 Special assignments 91 Special Assignments 91 Strike 97 Summer Appointments 76 T Tax Sheltered 82 teaching 29, 30, 32, 34, 40, 56, 57, 58, 59, 70, 76, 86, 93 tenure 16, 19, 23, 24, 25, 26, 27, 30, 32, 33, 34, 35, Time Off 84 travel 9, 85 Travel 93 U unit determination 45 University sponsored 62, 64, 67 University supported 62, 64 University-Supported Efforts 64, 65 use of university facilities 62 37, 38, 40, 41, 42, 43, 46, 47, 53, 54, 59, 73, 75, 85, 95 workers' compensation 53 Tenure 11, 23, 27, 29, 32, 33, 40, 41, 42, 43, 73, 75 Working Conditions 92 tenure track 23, 24, 27, 33, 41, 42, 43 workload 9, 19, 24, 29, 30, 32, 34, 40, 46, 53, 56, 57, term appointment 23, 24 58, 59, 86, 93 Term Appointment 24 Workload 56, 57, 58, 59 term appointments 24 workload determination 56 Termination of Appointment 42 workload units 9, 58 The office space works 61, 62, 63, 64, 65, 72, 75 Union Offices 10 Works 63, 64, 65 time off 84, 85

Totality of the Agreement. The parties 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 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. Therefore, United Academics the Union and the University, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. COLLECTIVE BARGAINING AGREEMENT Between the UNIVERSITY OF ALASKA And the UNITED ACADEMIC – ADJUNCTS AAUP-AFT/AFL-CIO UNIVERSITY OF ALASKA: UNITED ACADEMC ADJUNCTS: Xxxx Xxxxxxxx, UA Statewide Xxxxxxx Xxxxxxxx, President Xxxxxx Xxxxx, UAF Xxxxx Xxxxxx Xxxxxxxxx, Negotiator Xxxx Xxxxxxxxx, UAA Xxx Xxxxxxxx, Negotiator Xxxx Xxxxxx, UAS Xxxxx Xxxxxx, Negotiator Xxxxxxxx Xxxxx, Spokesperson Xxxxxxx Xxxxxx, Spokesperson Xxxx Xxxx, APEA Business Manager Index A disciplinary investigation 49 academic freedom Disciplinary Investigation 49 Academic Freedom 5, 11 disclosure 64, 65, 68, 69 Academic Freedom Disclosure 64, 67 Academic Freedom 11 Discontinuance of Program 45 academic record file distance delivery 56 Academic Record File 51, 52, 53 distribution of net proceeds 65, 67, 69 administrative assignment Distribution of Net Proceeds 65, 68 Administrative Assignment 76 dues 12 Agency Fees 7, 8 agency fee Dues 7, 10 Agency Fee 8 Agency Fee Agency Fee 7, 10 agency fees Agency Fee 8 agreement Agreement 4, 5, 8, 99 Appointment 6, 8, 10, 1517, 1720, 21, 22, 37, 40, 41, 51, 53, 62, 64, 65, 67, 68, 69, 72, 73, 80, 98 Appeal to Chancellor 14 E educational benefits 83 employment record file 52, 53 evaluation 6, 23, 26, 27, 2928, 30, 32, 3334 Assignment 6, 34, 35, 36, 37, 40, 53, 58, 64, 73, 86 Evaluation 11, 23, 26, 27, 29, 32, 35, 38, 73, 86 Extension of Timelines 17, 21 Appeal to President 15 appeals board 19, 57 Faculty Appointment 23 Appeals Board 19, 20, 37 faculty development 33 Appointment Duration Faculty Development 9 Appointment Duration 25 Faculty Offices 93 arbitration Faculty Status 23 Arbitration 15, 17, 51 Failure to Respond 16 Arbitration financial exigency 48, 95 Arbitration 15, 16 Financial Exigency 48 F B base salary 71, 72, 73, 75, 76 bulletin board 10 C compensation 8, 53, 64, 70, 76, 77, 78, 86 Compensation 70, 76 Complaint Resolution Process 17, 59 Construction of the Agreement 22 current unit members Membership Lists 10 D deduction form 7, 8 Definitions Resolution Definition 12 determination 40, 41, 56, 58, 81 disability Disability Benefits 80 disciplinary action 26, 49, 50, 51, 52, 53 Disciplinary Action 49 Formal Resolution 13 Fourth-Year Comprehensive Review 27 free speech 11 funeral Funeral Leave 87 G General Provisions 16, 21 Geographic differentials 78 governance 5, 57, 95 Grievance Resolution Process 13, 16 Grievances Filed by the University 17 H Health and Safety 92 Health Insurance 80 holidays 83, 84 Holidays 83, 84 hours 9, 52, 56, 58, 59, 82, 93 I independent efforts 62, 63, 65 Independent efforts 62, 63 Independent Efforts 63, 65 informal resolution 13 Informal Resolution 13 information requested Information Requests 10 Non-tenure Track 24, 38, 43 O office hours 57, 93 outside activity 69 Initial Placement 70 initial placements 70 intellectual property 56, 61, 68 Intellectual Property 61, 64, 67, 69, 75 invention 62, 65, 67, 68 inventions 61, 62, 67, 68, 69 Inventions 65, 67, 68 J jury duty 88, 89 Jury Duty 88 just cause 44, 49 Just cause 44 Just Cause 44, 49 L leave of absence 41, 83, 85, 88, 89, 90 Leave of Absence 89 leave share 88 Leave Share 88 Lockout 97 lockouts 97 Locus of Tenure 40 M Management Rights 95 mandatory year of review 28, 42 market increases 71 Market Increases 71 medical records file 55 meet and confer 10, 22, 37, 45, 72, 88 Meet and Confer 98 membership 7, 8, 36 Membership 7 merit bonuses 72, 73 Merit Bonuses 72, 73 military leave 89 Military Leave 89 N Nondiscrimination 92 non-renewal 48 Non-renewal 43 non-retention 42, 58 Non-retention 23, 42, 48 non-tenure track 23, 24, 26, 40, 43 Non-tenure track 24, 46, 47 Outside Activity 69 Overload appointments 78 Overload Appointments 78 P parental leave 41, 87 Parental leave 87 personal vehicle 93 Personal Vehicle 93 personnel files 52, 55 Personnel Files 52 post-tenure review 33, 34, 35, 75 Post-Tenure Review 33 professional responsibilities 9, 50, 57, 84 Professional Responsibilities 57 program reduction 45 promotion 16, 19, 24, 26, 27, 29, 30, 33, 35, 41, 53, 54, 59, 67, 71, 80 R Reduction in Program 46 release of rights 68 Release of Rights 67 release time 9 Release Time 9 Relocation 93 Representatives and Privileges Union Representatives and Privileges 9 research 24, 40, 49, 56, 57, 58, 59, 62, 70, 73, 75, 76, 78, 85, 93, 95 resignation 44 Resignation 44 resolution of disputes 12 Resolution of Disputes 12 retirement 83, 86, 90 Retirement 44 Rights of Retrenched Unit Members 48 S sabbatical 41, 42, 85, 86, 87 Sabbatical 85 Salary Augmentation 76 service 7, 8, 12, 13, 19, 40, 41, 42, 43, 45, 46, 47, 56, 57, 58, 59, 70, 73, 75, 76, 78, 82, 85, 86, 88, 89, 90, 91, 93, 94, 95 sick leave 85, 87, 88, 90 Sick Leave 87, 88 sick leave without pay 87 special assignments 91 Special assignments 91 Special Assignments 91 Strike 97 Summer Appointments 76 T Tax Sheltered 82 teaching 29, 30, 32, 34, 40, 56, 57, 58, 59, 70, 76, 86, 93 tenure 16, 19, 23, 24, 25, 26, 27, 30, 32, 33, 34, 35, Time Off 84 travel 33 Benefits 9, 85 Travel 93 U unit determination 45 30 Access to University sponsored 62Email 11 Access to University Facilities 30 Educational 30 Cancellation Arbitration 16 Classes 21, 6422, 67 University supported 6224 Compensation 17, 64 University-Supported Efforts 6422, 65 use of university facilities 62 3727 Compensation Dues 9 Days Calendar 4, 387, 408, 4110, 4221, 4338 Working 8, 469, 4714, 5315, 5416, 5917, 7318, 7521, 8522, 95 workers' compensation 53 Tenure 1123 Disciplinary Action 23 Document 23 Dues 7, 8, 9, 10 Evaluation 20, 23, 2729 Faculty 6, 297, 3212, 3320, 40, 41, 42, 43, 73, 75 Working Conditions 92 tenure track 2321, 24, 2725, 3331, 4132 Intellectual Property 26 Salary Adjustment 29 Determination 27 minimum 29 Minimum 28 Placement 28, 42, 43 workload 9, 19, 24, 29, 30, 32, 34, 40, 46, 53, 56, 57, term appointment 23, 24 58, 59, 86, 93 Term 29 Structure 27 Termination Appointment 24 Workload 56, 57, 58, 59 term appointments 24 workload determination 56 Termination of Appointment 42 workload units 9, 58 The office space works 61, 62, 63, 64, 65, 72, 75 Union Offices 10 Works 63, 64, 65 time off 84, 8520

Totality of the Agreement. The parties 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 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. Therefore, United Academics the Union and the University, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered by this Agreement and with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. Index A disciplinary investigation 49 academic freedom Disciplinary Investigation 49 Academic Freedom 5, 11 disclosure 64, 65, 68, 69 Academic Freedom Disclosure 64, 67 Academic Freedom 11 Discontinuance of Program 45 academic record file distance delivery 56 Academic Record File 51, 52, 53 distribution of net proceeds 65, 67, 69 administrative assignment Distribution of Net Proceeds 65, 68 Administrative Assignment 76 dues 12 Agency Fees 7, 8 agency fee Dues 7, 10 Agency Fee 8 Agency Fee Agency Fee 7, 10 agency fees Agency Fee 8 agreement Agreement 4, 5, 8, 99 Appointment 6, 8, 10, 1517, 1720, 21, 22, 37, 40, 41, 51, 53, 62, 64, 65, 67, 68, 69, 72, 73, 80, 98 Appeal to Chancellor 14 E educational benefits 83 employment record file 52, 53 evaluation 6, 23, 26, 27, 2928, 30, 32, 3334 Assignment 6, 34, 35, 36, 37, 40, 53, 58, 64, 73, 86 Evaluation 11, 23, 26, 27, 29, 32, 35, 38, 73, 86 Extension of Timelines 17, 21 Appeal to President 15 appeals board 19, 57 Faculty Appointment 23 Appeals Board 19, 20, 37 faculty development 33 Appointment Duration Faculty Development 9 Appointment Duration 25 Faculty Offices 93 arbitration Faculty Status 23 Arbitration 15, 17, 51 Failure to Respond 16 Arbitration financial exigency 48, 95 Arbitration 15, 16 Financial Exigency 48 F B base salary 71, 72, 73, 75, 76 bulletin board 10 C compensation 8, 53, 64, 70, 76, 77, 78, 86 Compensation 70, 76 Complaint Resolution Process 17, 59 Construction of the Agreement 22 current unit members Membership Lists 10 D deduction form 7, 8 Definitions Resolution Definition 12 determination 40, 41, 56, 58, 81 disability Disability Benefits 80 disciplinary action 26, 49, 50, 51, 52, 53 Disciplinary Action 49 Formal Resolution 13 Fourth-Year Comprehensive Review 27 free speech 11 funeral Funeral Leave 87 G General Provisions 16, 21 Geographic differentials 78 governance 5, 57, 95 Grievance Resolution Process 13, 16 Grievances Filed by the University 17 H Health and Safety 92 Health Insurance 80 holidays 83, 84 Holidays 83, 84 hours 9, 52, 56, 58, 59, 82, 93 I independent efforts 62, 63, 65 Independent efforts 62, 63 Independent Efforts 63, 65 informal resolution 13 Informal Resolution 13 information requested Information Requests 10 Non-tenure Track 24, 38, 43 O office hours 57, 93 outside activity 69 Initial Placement 70 initial placements 70 intellectual property 56, 61, 68 Intellectual Property 61, 64, 67, 69, 75 invention 62, 65, 67, 68 inventions 61, 62, 67, 68, 69 Inventions 65, 67, 68 J jury duty 88, 89 Jury Duty 88 just cause 44, 49 Just cause 44 Just Cause 44, 49 L leave of absence 41, 83, 85, 88, 89, 90 Leave of Absence 89 leave share 88 Leave Share 88 Lockout 97 lockouts 97 Locus of Tenure 40 M Management Rights 95 mandatory year of review 28, 42 market increases 71 Market Increases 71 medical records file 55 meet and confer 10, 22, 37, 45, 72, 88 Meet and Confer 98 membership 7, 8, 36 Membership 7 merit bonuses 72, 73 Merit Bonuses 72, 73 military leave 89 Military Leave 89 N Nondiscrimination 92 non-renewal 48 Non-renewal 43 non-retention 42, 58 Non-retention 23, 42, 48 non-tenure track 23, 24, 26, 40, 43 Non-tenure track 24, 46, 47 Outside Activity 69 Overload appointments 78 Overload Appointments 78 P parental leave 41, 87 Parental leave 87 personal vehicle 93 Personal Vehicle 93 personnel files 52, 55 Personnel Files 52 post-tenure review 33, 34, 35, 75 Post-Tenure Review 33 professional responsibilities 9, 50, 57, 84 Professional Responsibilities 57 program reduction 45 promotion 16, 19, 24, 26, 27, 29, 30, 33, 35, 41, 53, 54, 59, 67, 71, 80 R Reduction in Program 46 release of rights 68 Release of Rights 67 release time 9 Release Time 9 Relocation 93 Representatives and Privileges Union Representatives and Privileges 9 research 24, 40, 49, 56, 57, 58, 59, 62, 70, 73, 75, 76, 78, 85, 93, 95 resignation 44 Resignation 44 resolution of disputes 12 Resolution of Disputes 12 retirement 83, 86, 90 Retirement 44 Rights of Retrenched Unit Members 48 S sabbatical 41, 42, 85, 86, 87 Sabbatical 85 Salary Augmentation 76 service 7, 8, 12, 13, 19, 40, 41, 42, 43, 45, 46, 47, 56, 57, 58, 59, 70, 73, 75, 76, 78, 82, 85, 86, 88, 89, 90, 91, 93, 94, 95 sick leave 85, 87, 88, 90 Sick Leave 87, 88 sick leave without pay 87 special assignments 91 Special assignments 91 Special Assignments 91 Strike 97 Summer Appointments 76 T Tax Sheltered 82 teaching 29, 30, 32, 34, 40, 56, 57, 58, 59, 70, 76, 86, 93 tenure 16, 19, 23, 24, 25, 26, 27, 30, 32, 33, 34, 35, Time Off 84 travel 33 Benefits 9, 85 Travel 93 U unit determination 45 30 Access to University sponsored 62Email 11 Access to University Facilities 30 Educational 30 Cancellation Arbitration 16 Classes 21, 6422, 67 University supported 6224 Compensation 17, 64 University-Supported Efforts 6422, 65 use of university facilities 62 3727 Compensation Dues 9 Days Calendar 4, 387, 408, 4110, 4221, 4338 Working 8, 469, 4714, 5315, 5416, 5917, 7318, 7521, 8522, 95 workers' compensation 53 Tenure 1123 Disciplinary Action 23 Document 23 Dues 7, 8, 9, 10 Evaluation 20, 23, 2729 Faculty 6, 297, 3212, 3320, 40, 41, 42, 43, 73, 75 Working Conditions 92 tenure track 2321, 24, 2725, 3331, 4132 Intellectual Property 26 Salary Adjustment 29 Determination 27 minimum 29 Minimum 28 Placement 28, 4229 Structure 27 Termination Appointment 20 Failure to Pay Agency Fee 8 Collective Bargaining Agreement United Academic-Adjuncts – AAUP-AFT/AFL-CIO March 01, 43 workload 92017 – February 28, 19, 24, 29, 30, 32, 34, 40, 46, 53, 56, 57, term appointment 23, 24 58, 59, 86, 93 Term Appointment 24 Workload 56, 57, 58, 59 term appointments 24 workload determination 56 Termination of Appointment 42 workload units 9, 58 The office space works 61, 62, 63, 64, 65, 72, 75 Union Offices 10 Works 63, 64, 65 time off 84, 852020