Common use of Special Issues Clause in Contracts

Special Issues. If a special issue arises that would affect the continuous employment of tenured Faculty, the Administration will provide ninety (90) business days notice to the Faculty Union of such intent to implement. The Administration and the Faculty Union will immediately commence negotiations as to the impact and implementation of such change. If agreement by both parties is not reached through negotiations, another ninety (90) business days will be given as notice. During this second period of ninety (90) business days, efforts will continue to obtain an Impact and Implementation agreement. Upon the completion of the one-hundred eighty (180) business days, absent an agreement, management may proceed with implementation. AND INTEGRATION OF THE AGREEMENT WITH UNIVERSITY POLICY A. SAVINGS CLAUSE In the event any portion of this Agreement, in whole or in part, is declared to be illegal, void, or invalid by any court of competent jurisdiction, all other items, conditions, and provisions of this Agreement shall remain in full force and effect to the same extent as if that portion had never been incorporated in this Agreement, and in such event the remainder of this Agreement shall continue to be binding upon the parties thereto. B. FORCE MAJEURE CLAUSE It may happen that a portion of this Agreement, in whole or in part, cannot be implemented or upheld as the result of the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans, and without human intervention, which is of such character that it could not have been prevented, or avoided by foresight or prudence. Such forces of nature include, but are not limited to, wars, civil insurrection, earthquakes, typhoons, and sudden illness or death of a person. In these cases, the Agreement still applies, but timelines may be altered by the circumstances. C. INTEGRATION OF THE AGREEMENT WITH UNIVERSITY POLICY, RULE, REGULATION, GUIDELINE, OR PRACTICE For the life of this Agreement, the Agreement shall prevail over all University policies, practices, rules, regulations, or guidelines, whether written or unwritten, and over any policy, practice, rule, regulation, or guideline, whether written or unwritten, of any component of the University. 1. Policy, rule, regulation, guideline, or practice not covered by the Agreement The Board and the Union agree that there is a body of written policy, rule, etc., and written interpretation of those policies, rules, etc., governing administrative decisions concerning wages, hours, or working conditions that this Agreement may not cover. In the event of a conflict of any University policies, rules, etc., with this Agreement, the Agreement shall prevail. 2. Policy, rule, regulation, guideline, or practice not in conflict with the Agreement Any University policies, rules, etc., that do not conflict with this Agreement may be either continued for the term of this Agreement or changed or eliminated. If changed or eliminated, however, the Union, as the exclusive bargaining agent of the Faculty, must be consulted in ample time to review the policy, rule, etc., and advise the Administration before the policy, rule, etc., goes into effect or is discontinued. Representatives of the Administration will meet and consult with Union representatives and shall give serious consideration to their views of the matter under discussion. For the life of this Agreement, no new policies, rules, etc., of the University shall be created that conflict with the provisions of this Agreement.