31.1 Persons originally hired to a title currently in the bargaining unit and who are now in nonbargaining unit positions and persons who move from a bargaining unit position to a nonbargaining unit position shall retain seniority accrued in the position that is currently in the bargaining unit.
31.2 Such persons may accrue up to five (5) additional years of seniority while in the nonbargaining unit position.
31.3 The Union upon the request of such an above-mentioned person may consider said person's request for additionally accrued seniority above five (5) years. The decision of the Union shall be final.
32.1 In the event that any provision of this Agreement is in whole or in part declared to be illegal and/or invalid by any court, tribunal or administrative agency having competent jurisdiction, or in the event that compliance with or enforcement of any provision of this Agreement is restrained in whole or in part by any court, tribunal or administrative agency having competent jurisdiction, then all of the other terms, conditions and provisions of this Agreement shall remain in full force and effect and shall continue to be binding upon the parties hereto.
32.2 In such an event as described in Section 32.1, the parties shall meet within thirty (30) calendar days after either party receives written notice from the other in an attempt to renegotiate in conformity with the law.
33.1 Departmental personnel committees and academic administrative officials, as appropriate, shall evaluate full-time faculty members annually in accordance with the campus master calendar.
33.2 The parties agree that, for the life of this Agreement and for the purposes of this Article, the form entitled "Annual Faculty Report and Evaluation of Professional Activities" (as amended in accordance with Article 33.9) will serve as the evaluation form for full-time faculty members.
33.3 The evaluation shall address the duties and responsibilities of the individual faculty member.
33.4 Each department, program or other analogous unit shall develop or adopt one or several forms appropriate to the evaluation of teaching in that unit, as well as procedures for the administration of student evaluations of teaching. The parties agree to the creation of a joint task force on each campus to explore the possible use of a standard evaluation form as part of the evaluation process and to discuss ways of providing information to students about teaching. The parties acknowledge the legitimate interest of students in access to such information and agree to appropriate student participation in the work of this task force.
33.5 During a faculty member's annual review, the departmental personnel committee shall present its findings at the appropriate place on the "Annual Faculty Report and Evaluation of Professional Activities" form.
33.6 Each faculty member retains the right to respond in writing to any written comments made by any individual or group of individuals on his/her evaluation and to have the response affixed to the evaluation.
33.7 For the purpose of discussing the faculty member's performance and/or the written comments already provided, each faculty member shall have the right, upon request, to meet once each academic year with each of the following:
33.8 Student evaluations shall be kept on file in the department or program office for a period of six years
33.9 Effective in the fall of 1995 (for evaluation of the academic year 1994-95), the "Annual Faculty Report and Evaluation of Professional Activities" form will be replaced on the Amherst campus with the new "Annual Faculty Report and Evaluation of Professional Activities" form agreed to by the parties on July 28, 1994, and, with modifications to be negotiated by the parties, on the Boston campus.
33.10 The parties agree that the design of Periodic Multi-Year Review (PMYR) will be the subject of further negotiations between the parties after the execution of this Agreement; such negotiations shall commence no later than February 1, 1999. The PMYR about which the parties agree to negotiate:
33.11 Article 33.1, 33.3, 33.4, 33.5, and 33.7(a) shall not be subject to Article XXV, Grievance Procedure.
34.1 In the event that the University of Massachusetts at Boston or Amherst is consolidated or merged into or with any other division, school, college or component of the Massachusetts system of public higher education during the life of this Agreement, the present bargaining unit as defined in Section 2.1 shall remain distinct and this Agreement shall remain in full force and effect.
34.2 Notwithstanding Section 2.2 or any other provisions of this Agreement to the contrary, it is the declared intention of the parties not to include or accrete into this bargaining unit as a consequence of any such consolidation or merger individuals who, on the day prior to such consolidation or merger, were not employees of the University of Massachusetts, regardless of their title or classification, unless the parties mutually agree to such inclusion or accretion.
34.3 In the event there is a successor or successors in interest to the Board of Trustees of the University of Massachusetts, such successor(s) shall be bound by and shall assume all the rights, duties and obligations of the Board as if such successor(s) in interest were a named party and signatory to this Agreement.
35.1 This Agreement shall be for the three-year period from July 1, 1998, through June 30, 2001, and the terms contained herein shall become effective on the date of its execution by the parties.
35.2 On or before March 1, 2001, the parties shall exchange their bargaining demands for changes in the current Agreement. No new bargaining demands may be submitted after said date without the mutual consent of both parties. The parties shall commence negotiations for a successor Agreement no later than April 1, 2001. In the event that either party fails to meet the requirements set forth above, said party shall be deemed to have waived its right to seek changes in the current Agreement. If both parties fail to comply with the requirements set forth above, the terms of the current Agreement shall continue for an additional three-year period from July 1, 2001, through June 30, 2004. If bargaining for a successor Agreement is properly commenced as required herein, this Agreement shall remain in full force and effect until a successor Agreement is executed or an impasse in negotiations is reached.
35.3 Grievances based on events occurring during the life of the 1995-98 Agreement between the parties shall be handled under that Agreement.
35.4 This Agreement is entered into and shall become effective as of midnight on the 21st day of July, 1998.
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