10.1 It is recognized that the University has a tripartite mission of teaching, professional activity, and service.

10.2 WORK YEAR

10.2.1 For nine (9) month faculty the work year shall consist of three (3) quarters including the week before the beginning of the academic year but not including scheduled holidays, Thanksgiving break, Winter break and Spring break. The department chairperson shall ensure that there is departmental representation at commencements of at least 10% of the members in the department.

10.2.1.1 Final examinations shall be given during the period of the quarter set aside for such exams and not during the period set aside for instruction.

10.2.1.2 Should it be decided to change to a semester calendar, the parties will meet, upon demand by the UT-AAUP, to negotiate the impact of such a change on wages, hours and other conditions of employment.

10.2.2 For twelve (12) month faculty and librarians the work year shall consist of twelve months but not including scheduled holidays.

10.3 LOAD

10.3.1 The average teaching load, over an academic year, shall be a maximum of twelve (12) credit hours per quarter and a minimum of six (6) credit hours per quarter of instruction. The actual number of instructional hours will depend upon the mix of a member's teaching, professional activity, and service.

10.3.1.1 Assignment of a teaching load below the minimum stated above may only be made in order to meet the requirements of an external grant or contract or some extraordinary project recommended by the member's dean and shall require the approval of the Contract Implementation Committee.

10.3.1.2 Assignment of load in excess of the maximum stated above may only be made by mutual agreement between the member and the dean of the member's college.

10.3.2 Each department or equivalent administrative unit shall develop a workload policy which shall establish fair and equitable standards and procedures for work load distribution.

10.3.2.1 Workload policies shall be developed no later than January 1, 1994 for implementation in the 1994-95 academic year. Such policies shall be reviewed and approved by a college committee, elected for that purpose, by the college dean, by the Vice President for Academic Affairs, and by the Contract Implementation Committee.

10.3.2.2 All workload policies shall be consistent with this Agreement. The Contract Implementation Committee shall be empowered to return any policy not meeting the standards of 10.3.2 and 10.3.2.2 above.

10.3.2.3 All workload policies shall be published and a copy provided to each affected member of the bargaining unit.

10.3.2.4 Annual faculty workload documents, annual faculty merit evaluation reports and any information, including comparative data, related to same are public records and shall be made easily available to members.

10.3.2.5 The listing below shall include, but not be limited to, the specific items to be considered when developing workload policies.

10.3.2.5.1 Classroom teaching

10.3.2.5.1.1 Number of course preparations

10.3.2.5.1.2 Course enrollment

10.3.2.5.1.3 Availability of teaching support resources

10.3.2.5.1.4 Class size

10.3.2.5.1.5 Course time requirements

10.3.2.5.2 Development of new courses, laboratories, or instructional facilities

10.3.2.5.3 Student conferences (including office hours)

10.3.2.5.4 Off-site instruction (involving substantial travel time)

10.3.2.5.5 Individual and special instruction

10.3.2.5.6 Academic advising

10.3.2.5.7 Counseling (as distinct from academic advising)

10.3.2.5.8 Clinical supervision of students

10.3.2.5.9 Supervision of thesis and dissertation research and writing

10.3.2.5.10 Coordinator duties

10.3.2.5.11 Professional librarian duties

10.3.2.5.12 Creative and performance activities (whether as principal or as student mentor or supervisor)

10.3.2.5.13 Scholarly and professional activities (including writing for publication)

10.3.2.5.14 Sponsored research

10.3.2.5.15 Special assignments

10.3.2.5.16 Unpaid consulting

10.3.2.5.17 Departmental, college, University and community service

10.3.2.6 Each Spring Quarter each member and the member's department chairperson shall work out an Annual Faculty Workload Agreement (The form to be used shall follow the guidelines promulgated by the Contract Implementation Committee) on the member's expected total effort in teaching or library service, professional activity and service in fulfillment of the effort expectations set forth in this agreement. If unforeseen events should occur during the year, by mutual agreement between the member and the department chairperson and the college dean, the Annual Faculty Workload Agreement may be modified. This document shall, before the end of the Spring Quarter, be presented to the member's college dean for final approval. If the member and the chairperson cannot agree or the dean does not approve of what they have worked out, the member, the chairperson and the dean shall meet to resolve their differences. If this meeting is unsuccessful, the Vice President for Academic Affairs shall assign a fair and equitable load. The member can grieve the workload assignment imposed by the Vice President.

10.3.3 All faculty are expected to be available to meet their obligations and confer with their students in their offices outside of class. Each member shall be required to hold office hours appropriate to their academic discipline. Each member shall schedule, post, and keep five (5) office hours per week each quarter they are teaching.

10.4 SUMMER EMPLOYMENT

10.4.1 When departmental resources provide opportunities for summer employment, full-time employees of the university with departmental faculty status shall have the right of first refusal. When, within a department or unit, there is competition for such employment, the Employer shall require each such department or unit to develop a published policy describing how such assignments are to be made. Such policies shall be subject to approval of the dean of the college and shall make allotments in as fair and equitable a manner as can be followed. All such policies shall be submitted to the Contract Implementation Committee for final approval.

10.5 LIBRARIANS

Librarians shall follow a twelve (12) month calendar and shall work a forty (40) hour week on a schedule established by the Dean.

ARTICLE 11.0

INSTITUTIONAL ENVIRONMENT

11.1 An adequate working environment and supporting services are necessary for effective teaching, learning and research.

11.1.1 The Employer will abide by Ohio's OSHA statute.

11.1.2 The Employer recognizes the importance of providing library systems responsive to faculty and student needs consistent with standards of quality recognized at a national level. The Employer also agrees to maintain faculty library privileges as they existed on March 30, 1993 for the life of this Agreement.

11.1.3 The Employer recognizes the importance of adequate budgets in units for supplies and equipment.

11.1.4 The Employer recognizes the importance of adequate graduate assistantships to the University's graduate and research programs.

11.1.5 The Employer recognizes the importance of adequate support personnel providing services within academic units.

11.1.6 Members are encouraged to participate in activities that enhance their professional development. The Employer recognizes the importance of providing adequate funds for travel and development.

ARTICLE 12.0 COMPENSATION

12.1 Salary increases in the 1992-93 academic year for members who were employed full-time by the University on May 29, 1992 and employed as a member of the bargaining unit on April 15, 1993 shall be effective January 1, 1993. Such increases shall consist of three (3) parts:

12.1.1 Each member employed on May 29, 1992 and employed as a member of the bargaining unit on April 15, 1993 shall receive an increase to base salary of an amount equal to 2.5% of the salary base for the bargaining unit on May 29, 1992 divided by the number of members eligible for this increase.

12.1.2 Departmental merit increases for 1992-93 shall be based on the merit evaluations already done for academic years 1990-91 and 1991-92 averaged together. The process of recommendation and review heretofore followed shall be followed through the level of dean. The pool of funds available for such increases shall be 1.5 % of the base salaries of members on the payroll on May 29, 1992 minus $100,000, divided among the departments in proportion to their contribution to the salary base on May 29, 1992.

12.1.3 Deans' merit increases for 1992-93 shall be awarded by the dean of each college. The pool of funds available for such increases shall be $100,000. Such funds shall be divided among the colleges in proportion to their contribution to the the salary base on May 29, 1992. Such deans' merit awards shall not be grievable.

12.2 Each member employed on May 28, 1993 and employed as a member of the bargaining unit on September 20, 1993 shall receive an increase to base salary of 2.5% effective September 20, 1993.

12.3 Departmental merit increases for 1993-94 shall be effective January 1, 1994 and shall be based on merit evaluations for academic year 1992-93 based on the principles set forth in Articles 9.1.1 and 9.1.2_. Except as set forth in section 9.3.1, the process of recommendation and review heretofore followed shall be followed through the level of dean. The pool of funds available for such increases shall be 2 % of the base salaries of members on the payroll on May 28, 1993 minus $100,000, divided among the departments in proportion to their contribution to the salary base on May 28, 1992.

12.3.1 In awarding departmental merit, calculations of merit shall be made on the basis of a scale of 0 to 5, using only whole integers. When all evaluations of members are completed for a department, the sum of all merit points for the members of that department shall be divided into the merit pool for the department to derive the dollar value of a merit point. Members in a department shall thus receive equal dollar increases for equal numbers of merit points regardless of base salary or rank.

12.3.2 Deans' merit increases for 1993-94 shall be awarded by the dean of each college. The pool of funds available for such increases shall be $100,000. Such funds shall be divided among the colleges in proportion to their contribution to the the salary base on May 28, 1993. These merit increases shall be effective January 1, 1994. Such deans' merit awards shall not be grievable.

12.4 Each member employed on May 27, 1994 and employed as a member of the bargaining unit on September 19, 1994 shall receive an increase to base salary of 2.5% effective September 19, 1994.

12.5 Departmental merit increases for 1994-95 shall be effective January 1, 1995 and shall be based on merit evaluations for academic year 1993-94 based on the principles set forth in Articles 9.1.1 and 9.1.2_. The pool of funds available for such increases shall be 2 % of the base salaries of members on the payroll on May 27, 1994 minus $100,000, divided among the departments in proportion to their contribution to the salary base on May 27, 1994.

12.5.1 In September 1994, each member shall file with the Chairperson of the member's department an Annual Report of Professional Activity (ARPA) for the 1993-94 academic year. This report shall document in detail how the member has fulfilled the obligations assigned in the Annual Faculty Workload Agreement (AFWA) developed for the year pursuant to Article 10.3.2.6.

12.5.2 Using the documents referenced in section 12.5.1 as the factual basis, evaluations of merit shall be based on the principles set forth in Articles 9.1.1 and 9.1.2ff.

12.5.3 In awarding departmental merit calculations of merit shall be made on the basis of a scale of 0 to 5, using only whole integers. When all evaluations of members are completed for a department, the sum of all merit points for the members of that department shall be divided into the merit pool for the department to derive the dollar value of a merit point. Members in a department shall thus receive equal dollar increases for equal numbers of merit points regardless of base salary or rank.

12.5.4 Initial determinations of merit shall be made by the departmental personnel committee and reviewed by the department chairperson and the dean of the appropriate college. Where there is disagreement among them they shall meet and resolve their differences. Differences which cannot be resolved shall be settled on the basis of voting with the departmental committee, chairperson and dean each having one vote.

12.5.5 Deans' merit increases for 1994-95 shall be awarded by the dean of each college. The pool of funds available for such increases shall be $100,000. Such funds shall be divided among the colleges in proportion to their contribution to the the salary base on May 27, 1994. These merit increases shall be effective January 1, 1995. Such deans' merit awards shall not be grievable.

12.6 Compensation for overloads and summer school shall follow historical patterns. Such overloads shall be voluntary.

12.7 The Employer reserves the right to adjust salaries beyond the negotiated levels to counter bona fide offers of employment. Funds for such increases shall come from outside of those negotiated within this Agreement. When such adjustment is proposed, The Assistant Vice President for Academic Affairs-Faculty Relations will immediately provide UT-AAUP with written evidence of a bona fide offer to the affected member and concurrence, in making the counter-offer, of the department personnel committee, department chairperson and appropriate dean before any decision is reached.

12.8 A member promoted in academic rank after the signing of this agreement shall receive an increase to annual base salary on the effective date of promotion as follows:

to Assistant Professor: $1,000 to Associate Professor: $1,500 to Professor: $2,000.

12.9 Notwithstanding the above provisions, no member shall be paid less than the following annual salary for a nine month appointment during the life of this Agreement:

Instructor: $22,500 Assistant Professor: $27,000 Associate Professor: $31,500 Professor: $39,000

ARTICLE 13.0

BENEFITS

13.1 HEALTH INSURANCE

13.1.1 Effective October 1, 1992, the Employer will offer members a choice among the medical, dental and vision plans described in Appendix B:

13.1.2 All employee paid premiums will by collected through payroll deduction on a pre-tax basis (section 125 Premium Conversion Plan).

13.1.3 No later than November 30, 1992 the Employer and the UT-AAUP will establish a joint benefits insurance committee composed of three representatives of the UT-AAUP and three representatives of the Employer. Such committee will study and make recommendations to the parties on health insurance issues, including, for example, expansion of managed care, self-funding and alternative enrollment timing and procedures.

13.1.4 There shall be a limited reopener for the sole purpose of negotiating health insurance for members after September 30, 1993. The parties shall meet no later than May 1, 1993 to commence such negotiations.

13.2 OTHER INSURANCE

13.2.1 The Employer will continue to provide members term life and accidental death and dismemberment insurance at no cost to the member in the amount of 2.5 times salary for those on nine (9) month appointment and 2.045 times salary for those on 12 months appointment, rounded upward to the next highest $1,000. Supplemental and dependent life insurance may be purchased at group rates.

13.2.2 Members shall continue to be covered, for the life of this Agreement, by travel insurance as was in effect on March 30, 1993 or equal.

13.3 RETIREMENT Members will continue to be enrolled in the State Teachers Retirement System (STRS) as per statute. Employee contributions will continue to be "picked up" and paid to the retirement system on a pre-tax basis.

13.3.1 The Early Retirement Incentive and Superannuacy programs heretofore available to retiring members, shall not be available to members retiring after July 1, 1993.

13.4 TAX SHELTERED ANNUITIES

Members may elect to take part of their compensation in the form of a 403b(c) tax sheltered investment. The Employer will cooperate in the purchase of such investments.

13.5 COURSE PRIVILEGES

Members can take up to a maximum of six (6) credit hours per quarter at the University without payment of fees. All payments must be approved each term by the Vice President for Academic Affairs. The request for fee payment form must be received in the Office of the Vice President for Academic Affairs at least five (5) days before registration. This benefit is not cumulative. Credit hours not used in one quarter may not be used in a subsequent quarter.

13.5.1 A member may enroll in a maximum of eight (8) hours of credit toward an advanced degree in any quarter in which the member is employed full-time. Members may also take undergraduate, law, and special interest courses on campus.

13.5.2 Members with nine (9) month appointments, who have been in residence for one academic year, and who have an appointment for the following academic year may...

13.5.2.1 Elect to study full time during the summer term with no University responsibilities and may have the fees for a maximum of twelve (12) credit hours at the University paid by the University during any summer term.

13.5.2.2 Be employed in summer session I or II and earn credit towards an advanced degree only in the summer term in which they are not employed and a have a maximum of six (6) credit hours at the University paid by the University during any summer term.

13.5.2.3 Be employed in summer session III and earn up to ten (10) credit hours towards an advanced degree during the summer term by enrolling in no more than one (1) course in summer sessions I and II and have fees paid for a maximum of six (6) credit hours for the term.

13.6 DEPENDENT TUITION WAIVER

13.6.1 The spouses of members shall be eligible for payment of the general fee and all academic fees, except the special music fee, for undergraduate or personal interest courses.

13.6.2 Unmarried dependent children of members, under the age of 25, shall be eligible for the payment of all academic fees for undergraduate courses.

13.6.3 In the case of the death of a member who has completed five (5) years of service with the University, the fee payment entitlement shall continue for the surviving spouse so long as the spouse has not remarried and for any dependent children of the decedent, including any child conceived but not born at the time of the member's death.

13.7 PARKING

The Employer will provide members with optional on campus parking privileges. The charge for this privilege shall be $56.00 per year which may be paid via payroll deduction.

13.8 RECREATION/PHYSICAL FITNESS FACILITIES

Members may continue to utilize campus recreation/physical fitness facilities in accordance with policies in effect on March 30, 1993.

13.9 PAY OPTIONS

The Employer will provide full-time, 9 month members with the option of receiving their academic year salary on a 26 (27 every 10th year) bi-weekly pay plan starting with the Fall Quarter of 1993.

13.10 DIRECT DEPOSIT

The Employer will provide for automatic direct deposit from a member's paycheck in a bank or credit union account via the Financial Institution Clearing House with a limit of two (2) such deposits per paycheck.

13.11 DISABILITY INSURANCE

Effective July 1, 1993, the Employer will cover members with enhanced long term disability insurance. Said insurance will "wrap around" similar coverage provided by the State Teachers Retirement System and will provide, after 180 continuous calendar days of disability, 66_% of base salary until the disability is removed or the member reaches normal retirement age under STRS, whichever occurs first. When a member becomes eligible to draw upon this insurance benefit, the member shall be placed in inactive pay status and shall cease to earn salary, leave and other benefits.

13.12 PROFESSIONAL LIABILITY INSURANCE

The Employer shall maintain, for the life of this Agreement, its professional liability insurance policy in effect on March 30, 1993, or equal.

13.13 T.I.R.E.S.

The Employer will, for the life of this Agreement, continue its membership in the Toledo Industrial Recreation Employee Service Council (T.I.R.E.S.).

13.14 TICKETS TO UNIVERSITY EVENTS

The Employer shall, for the life of this Agreement, maintain its policy, as of March 30, 1993, on the purchase price for faculty of tickets to athletic and certain other events.

13.15 BENEFITS INFORMATION

Members shall be provided with written descriptions of all benefit programs available to them within ninety (90) days of the effective date of this Agreement and on an annual basis thereafter.

ARTICLE 14.0

LEAVES

14.1 PAID SICK LEAVE

14.1.1 Members shall earn sick leave at the rate of 0.575 days for each completed bi-weekly period of service in pay status. There is no limit on the amount of sick leave which may be accumulated.

14.1.2 Members who retire with ten (10) or more years of service with the University, or die, shall be paid for up to thirty (30) days of accumulated and unused sick leave if on the University's payroll before July 1, 1993.

14.1.3 Members shall use sick leave for absence due to personal injury, illness (including maternity related disability and adoption of pre-school children) and exposure to contagious disease which could be communicated to other employees and for serious illness or injury to a member of the member's immediate family defined as spouse, parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, or a legal guardian or other person who stands in the place of parent (in loco parentis).

14.1.4 The federal Family and Medical Leave Act of 1993 shall be followed as of August 5, 1993.

14.1.5 Members on paid sick leave will receive their regular compensation during the period of leave, including any salary increases, promotions, awards of tenure, or any other rights which they would have received had they not been on sick leave.

14.1.6 When a member is unable to report to work the member shall promptly notify the member's department chairperson or equivalent supervisor and, if possible, indicate an expected time of return.

14.1.7 When absence has exceeded fifteen (15) consecutive calendar days the member, as a condition of returning to work, shall present a release from the member's personal physician, stating that the member is fit to return to work, to the University Health Service. The University Health Service may confirm said release with member's personal physician.

14.1.8 Members seeking to utilize sick leave shall not routinely be required to state the nature of the illness. However, members exhibiting an abusive pattern of absences may be required to submit a physician's statement justifying use of sick leave.

14.2 VACATION

Members on twelve (12) month appointments only shall accrue vacation leave at the rate of two (2) days per month of full-time service. Use of vacation leave is subject to the approval of the member's department chairperson or other immediate supervisor and may not interfere with the teaching of the member's scheduled courses.

14.2.1 Members who are entitled to earn and accrue vacation leave may accrue up to seventy-two (72) days if on the University's full-time payroll before July 1, 1993 and forty (40) days if employed thereafter.

14.2.2 When a member terminates employment at the University or changes to a nine (9) month appointment the member shall be paid for up to forty-eight (48) days of accrued vacation leave if on the University's payroll before July 1, 1993 and twenty (20) days if employed thereafter.

14.2.3 The University shall not be obligated to pay compensation for accrued vacation to terminating members who give less than thirty (30) days notice of resignation.

14.3 LEAVE OF ABSENCE

Members may request leave of absence without pay for any purpose mutually agreed to by the University and the member. Such leave shall normally be for one (1) calendar year or less, but may be extended by mutual agreement of the University and the member. Such leave shall not exceed two (2) calendar years. Ultimate authority to grant such leave is discretionary with the Board. Ninety (90) days before the expiration of such a leave members must indicate in writing to their department chairperson, or other equivalent supervisor, their intention of returning to work. Once granted, a leave of absence may be shortened only at the discretion of the University. A request for such leave shall not unreasonably be denied.

Members on such leave do not earn sick leave or vacation, but shall have the option to maintain University insurance coverages at the group rates at the member's expense. The member shall accrue seniority while on such leave.

14.4 MEDICAL LEAVE

A leave of absence without pay may be granted to any member for medical reasons, when justified by their state of health and when recommended by their physician(s). Members must return to work when released by their attending physician and approved by the University Health Service in order to retain their employment status. Medical leave may begin only after all accumulated sick leave has been used. Such leaves may not exceed two (2) calendar years. Notice of at least (90) days shall be required for return to active status, unless waived by the University.

Members on such leave do not earn sick leave or vacation, but shall have the option to maintain University insurance coverages at the group rates at the member's expense. The member shall accrue seniority while on such leave.

14.5JURY DUTY

Members who are called for jury duty or subpoenaed by any legislative, judicial, or administrative tribunal, will be allowed time away from work with pay for such purposes. Members shall present a copy of the appropriate notice to appear to their department chairperson or other immediate supervisor and, when possible, do so at least three (3) work days prior to the date the member is to be absent from work. Upon returning to work, the member shall present appropriate documentation of the member's appearance.

14.6 SABBATICAL LEAVE

14.6.1 A member shall be eligible to take a sabbatical leave in the member's seventh or later year of full-time service and again every seventh year after receiving a sabbatical leave.

14.6.2 The purpose of a sabbatical leave shall be to enable the member to pursue interests which contribute to the member's professional development through research, study, writing, or the acceptance of special assignments or fellowships and similar activities which will enhance the performance of the member's academic duties.

14.6.2.1 A sabbatical leave may be granted to accept a temporary foreign teaching assignment or a recognized grant. In such cases the sum paid by the University shall be the difference between the grant or foreign salary and the member's regular University salary.

14.6.2.2 Sabbatical leaves shall not be used for the purpose of carrying out the paid duties of a faculty member at another college or university in the United States of America or to complete requirements for a higher degree.

14.6.3 A member may seek a sabbatical leave by submitting a formal application and proposal to the member's department chairperson. The department chairperson shall review the proposal and affix a recommendation to the dean of the member's college. The dean shall then review the proposal, affix a recommendation and forward the proposal and all recommendations to the University Committee on Sabbaticals (UCS), which will make its recommendation to the Vice President for Academic Affairs, who will in turn make recommendation to the President. Members shall be notified of all recommendations on their sabbatical applications at the time those recommendations are sent forward.

14.6.3.1 Applications must be submitted in the year preceding the one in which the sabbatical leave is to be taken. Applications shall be processed according to the schedule and on the forms issued by the Vice President for Academic Affairs, after effective consultation with UT-AAUP, annually at the beginning of the academic year.

14.6.3.2 The formal application shall include a statement concerning the activity which the member proposes to pursue during the sabbatical leave, the purpose of such activity, the length of time for which leave is sought, and the dates of the proposed leave.

14.6.3.3 When recommending approval of sabbatical leave proposals Department Chairpersons and Deans shall also certify that the instructional obligations of the member's department can be met without additional resources. If all applicants in a department cannot be accommodated because of bona fide instructional obligations, positive recommendations shall be determined in the following order:

First, members who have never had a sabbatical;

Second, members with the longest time since their last sabbatical; and

Third, member's with the longest continuous full-time service in the department.

14.6.3.4 The University Committee on Sabbaticals (UCS) shall consist of nine (9) faculty members who have had sabbaticals at the University, one (1) from each college with faculty and the library and two (2) from the College of Arts and Sciences, elected by the Faculty Senate. Members of UCS shall serve a term of three (3) academic years beginning July 1, with one third (1/3) of the members retiring each year.

14.6.3.5 The President's recommendations shall be presented to the regular February meeting of the Board. Members will be notified after the Board has approved such leaves.

14.6.3.6 A request for a change in a sabbatical leave proposal before the original leave has been approved by the Board shall result in voiding all recommendations and require that the revised proposal go through the entire review process anew.

14.6.3.7 A request for a change in a sabbatical leave proposal after the original leave has been approved by the Board shall be considered only for changes in dates and then only upon the recommendation of the Vice President for Academic Affairs and the President.

14.6.3.8 Exceptions to the above may be made by mutual agreement of the parties hereto.

14.6.4 The compensation schedule displayed below shall be used for members who receive sabbatical leaves:

Duration of Leave	9 Month Faculty	52 Week Faculty
One Quarter	Full Pay	Full Pay
Two Quarters	5/6 Pay	5/6 of 9 month base plus 1/4 of difference between 52 week base and 9 month base
Three Quaters	2/3 Pay	2/3 of 9 month base plus 1/4 of difference between 52 week base and 9 month base
Four Quarters	----------	1/2 Pay

14.6.5 Members who accept a sabbatical leave shall be obliged to return to full time service at the University for one academic year thereafter or reimburse the University for the salary they received on the sabbatical leave.

14.6.6 The President shall determine the number and distribution of sabbatical leaves to be recommended to the Board using the number of sabbaticals granted over the preceding three (3) years as a basic guideline.

14.6.7 Within ninety (90) days of completion of a sabbatical leave a member shall submit to the Vice President for Academic Affairs a full written report detailing how the member has fulfilled the terms of the sabbatical leave proposal the member submitted under section 14.6.3. A member who fails to submit a satisfactory report shall be required to reimburse the University for the salary received during the sabbatical leave.

14.6.8 Sabbatical leaves shall not be considered a break in continuous service.

14.7 HOLIDAYS

14.7.1 Members shall observe the holidays specified in Sections 124.19 (A) & (B), Ohio Revised Code, as it may be amended, on the same dates as are determined by the University for the academic calendar. A holiday that falls on a Saturday will be observed on the preceding Friday. A holiday that falls on a Sunday will be observed on the succeeding Monday.

14.7.2 Since many religious observances occur on days not designated as legal holidays, the University shall be flexible in accommodating members' religious observances.

ARTICLE 15.0

OUTSIDE EMPLOYMENT

15.1 "Outside employment" means employment, including self-employment, which is not contracted for through the University and for which any remuneration paid is not paid through the University.

15.1.2 Members are expected to devote their professional efforts during the academic year to regular University assignments. A member may with prior written administrative approval, which shall not be unreasonably denied, devote additional time to other professional pursuits. Approval will not be denied unless it can be established that outside activity will interfere with members University responsibilities.

15.1.3 A member who intends to engage in outside employment shall promptly report in writing the nature and extent of the proposed commitment to the member's department chairperson or appropriate supervisor on the annual reporting form. Such reporting shall be renewed each academic year. Such reporting will only be required on an annual basis unless the extent of outside employment changes significantly in the interim. The chairperson or appropriate supervisor shall forward a copy of all approved applications to the appropriate dean and the Vice President for Academic Affairs.

15.1.4 A member engaged in outside activities, with or without compensation, shall not use the name of the University to suggest institutional endorsement or support of a non-University enterprise nor the name of the University on stationery, business cards, or promotional literature for such outside activity. However, the member can utilize his University title for identification purposes. A member shall not teach regular classes at another college or university during the academic year without prior written approval by the Vice President for Academic Affairs.

15.1.5 Before University space, services, supplies or equipment may be used in the performance of any outside activity, written permission must be obtained in advance from the President. Appropriate fees must be paid to the University for any such space, services, supplies or equipment used.

ARTICLE 16.0

PATENTS AND COPYRIGHTS

16.1 PATENTS

16.1.1 By virtue of section 3345.14 ORC the University has all right, title and interest to, and is the owner of all inventions made solely or jointly by its employees, including patent rights thereon, which result from systematic and sustained research or investigation conducted in any experiment station, bureau, laboratory or research facility of the University, subject to the exceptions defined in section 16.1.3 below.

16.1.2 Any invention made solely or jointly by University employees which does not result from systematic and sustained research or investigation conducted in any experiment station, bureau, laboratory or research facility of the University shall remain the property of the employee(s), subject to the exceptions defined in section 16.1.3 below.

16.1.3 The University may contract for sponsored research or investigation which includes the use of its facilities and/or employee's services and in which the ownership of inventions and patents resulting from such sponsored research is at variance from sections 16.1.1 and 16.1.2 above. In such event it shall be the duty of the Board, or its appointed designees for such matters, to notify all employees performing such sponsored research under the terms of such contract.

16.1.4 Recognizing that time is of the essence in the protection of the legal interests of both the University and its employees in their inventions, it shall be the duty of each member to:

16.1.4.1 Report in writing to the body established by the Board to consider patent matters all patentable inventions resulting from research or investigations made as set forth in sections 16.1.1 and 16.1.2 above or under sponsored research as set forth in section 16.1.3 above. Such report shall include all the information requested in a standard disclosure form promulgated by the Board, or its appointed designees to consider patent matters.

16.1.4.2 Cooperate with the Board, or its appointed designees, to enable its evaluation and disposition of the submitted invention.

16.1.4.3 Cooperate with agents of the Board to secure all legal protection for such inventions, including preparation and signing of all papers attendant thereto.

16.2 COPYRIGHTS

16.2.1 A copyrightable material or work shall be owned by the member when it is originated by the member without the significant use of or without significant financial support from University facilities or agencies. Such materials or works shall include member-authored books, journal articles, research studies, computer software, musical works, syllabi, workbooks, examinations, and tests.

16.2.1.1 "Significant use" shall mean the use of University-owned facilities or agencies by the member, without payment to the University, in which more than fifty percent (50%) of the cost of creating the work in its final form is borne by the University. "Significant financial support" shall mean University financial support in the form of money or released time beyond the normal assignment or salary which constitutes over fifty percent (50%) of the cost of creating the work in its final form.

16.2.2 A copyrightable material or work shall be owned by the University if:

16.2.2.1 The work is prepared by a member, entirely as a part of the member's designated duties as an employee, as a work made for hire; such works made for hire as a part of the member's designated duties shall not include those originated by a member as described in section 16.2.1 above.

16.2.2.2 The author or creator of the material or work has been specially ordered or commissioned by the University to create or produce the materials for which the member received compensation from the University other than and in addition to normal assignment or salary from sources administered by the University or State of Ohio.

16.3 The legal title to all University owned inventions and copyrightable works and materials upon creation shall be vested in the University. Such title shall be vested either by operation of law or by express assignment of patent or copyright by the inventor or author.

16.4 In the event that income is derived through the external licensing, use, sale or other disposition of University owned inventions or copyrightable works or materials, such income shall be allocated as follows:

16.4.1 The inventor(s) or author(s) of such income producing inventions or copyrightable works or materials will be first reimbursed for any direct out-of-pocket expenses incurred in the preparation of such inventions or copyrightable works or materials, provided that the necessary records and receipts are submitted to and approved by the Vice President for Graduate Studies, Research, Economic Development and Dean of the Graduate School.

16.4.2 Remaining income, after paying the inventor's or author's direct out-of-pocket expenses, shall be retained by the University until it recovers all its direct expenses associated with the creation of and marketing of the invention or copyrightable work or material.

16.4.3 Further income, after the University has recovered its direct expenses, shall be divided between the University and the inventor(s) or author(s) of the invention or copyrightable work or material on the basis of fifty percent (50%) for the University and fifty percent (50%) for the inventor(s) or author(s).

ARTICLE 17.0

CORRECTIVE ACTION

17.1 The Employer shall not impose discipline except for just cause. The employer subscribes to the principles of progressive discipline except in instances when summary action is called for. Any disciplinary action shall be predicated upon written charges.

17.2 When the Employer has reason to believe an incident(s) has occurred which might constitute grounds for discipline, it shall investigate prior to the application of Section 17.3 below. Interviews with the member and others may be conducted during any such investigation. Before such interview occurs, the member shall be advised of the right to be represented by the UT-AAUP.

17.2.1 When, in the judgment of the President, or designee, the presence of a member on Employer property presents a threat to the health or safety of the member or other members of the University community or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of any member or of the University community as a whole, the President, or designee, may suspend the member pending the disposition of the disciplinary process provided for under this Article. Such suspension shall be with pay. The President, or designee, may also direct that the member be removed and barred from Employer property.

17.3 Prior to imposing any disciplinary action, the appropriate Employer official will meet with the member to discuss the charges against the member and provide the member with an opportunity to present the member's case. The member shall be given the opportunity to be accompanied by an UT-AAUP representative. The Employer shall notify the member and the UT-AAUP, prior to the meeting, of the purpose of the meeting.

If the matter is not disposed of by mutual agreement at the meeting and the Employer decides to impose discipline, the member shall be sent a written statement of the charges and the discipline imposed. The UT-AAUP shall be sent a concurrent copy of that letter.

17.4 When deemed necessary, reprimands may be issued to a member by the member's dean, the Vice President for Academic Affairs, or the President. Suspension of members may only be issued by the President, or designee. Dismissal of members for cause may only be implemented by a formal written Notice of Dismissal, together with reasons therefor and a bill of particulars, issued by the President. Such action can be grieved on substantive and procedural grounds.

17.5 The Employer and UT-AAUP shall exert their best efforts to keep allegations of sexual harassment made against a member of the Bargaining Unit confidential unless and until a final decision is rendered by appropriate authority determining the guilt or innocence of the member of the Bargaining Unit.

17.6 Evaluations and assessments shall not be construed as discipline.

17.7 In the rare instance, when this Article is used as a result of the process outlined in Article 9.2.4 (Professional Assessment) or Article 9.3.3 (Special Assessment), the Employer recognizes that such use is a last resort. If corrective action is necessary under the cited Articles, it shall be applied after all grievances on the issue have been resolved.

ARTICLE 18.0

FINANCIAL EMERGENCY PRINCIPLES AND PROCEDURES

18. 1 Should the Employer reasonably anticipate the existence of a financial crisis of such severity that it cannot be alleviated without terminating the appointments of members ("financial emergency"), the data upon which this anticipation is based and the savings which the Employer deems necessary to effect shall be presented to the UT-AAUP. The Employer shall also provide any relevant additional information in its posssession which the UT-AAUP may request within ten (10) calendar days following the receipt of the initial Employer data. The Board shall not act upon recommendations from either party until the Financial Emergency Implementation Committee (FEIC) described below has made its recommendation or sixty (60) calendar days have passed from the Board's full provision of data to UT-AAUP whichever is sooner. No layoff of members will take place until full implementation of this Article is completed.

18.2 Upon declaration by the Board that a financial emergency exists, the Contract Implementation Committee (CIC) will be charged with establishing a Financial Emergency Implementation Committee (FEIC) which shall have equal representation by the parties. The CIC shall monitor the process and plans of the FEIC and assure that the FEIC accomplishes the following:

18.2.1 make recommendations of alternatives which would result in minimum deterioration of existing academic programs and which would not sacrifice the University's long-term fiscal health in order to solve a short-term financial problem (The FEIC shall not consider the possible methods used to relieve the financial emergency listed below in any kind of priority ranking.);

18.2.2 investigate and recommend ways to relieve the emergency by means of initiating mechanisms for income generation;

18.2.3 investigate and recommend ways to relieve the emergency by means of cost-reduction methods, including: reduction of support staff and administrative personnel and services; encouragement of voluntary early faculty retirement, leaves of absence, and resignations through financial inducements including "buy-out" plans; reduction in internal funds allocated to research and equipment; reduction in the number of graduate assistants; replacement of part-time, visiting, retiring, superannuate, resigning and non-tenured faculty with existing tenured faculty members where qualified to teach, across-the-board concessions with respect to salaries and/or fringe benefits by administrative, staff and faculty personnel; planning and implementation of long-term reduction in size or elimination of colleges, departments or parts of departments, programs or parts of programs where the educational mission of the institution as a whole would not be jeopardized;

18.2.4 investigate and recommend elimination of inessential activities.

18.3 The FEIC shall make a good faith effort to arrive at its recommendations within a sixty (60) calendar day period from the Board's full provision of data to UT-AAUP regarding the anticipated financial crisis, or any extension thereto which may be granted by the Board.

18.4 If the recommendation involves the reduction or discontinuance of a program, department or college, the FEIC shall establish its priorities based upon the long-term enrollment projections, the role of the programs in fulfilling the missions both of the University as a whole and the continued accreditation of academic units, the effect on joint programs with other institutions and the impact on the students registered in the programs. Should retrenchment in academic programs become necessary, due consideration shall be given to providing for students enrolled in those programs to complete the requirements of the program.

18.5 Should the Board determine that the recommendations of the FEIC are not sufficient to relieve the financial emergency, the Board shall have the right to act on its own initiative as to layoffs but, nevertheless, shall apply the principles specified in this Article. There shall be full disclosure of the financial data, rationale, and resulting decisions based on the Board's deliberations. Efforts shall be continued to encourage early voluntary retirements, leaves of absence and resignations. In the case of members designated for layoff, every effort shall be made to bring about their reassignment, accompanied by appropriate retraining, to open faculty positions in other programs.

18.6 Normal attrition is the preferred approach to the extent that it will assist in relieving the financial emergency. Recognizing that layoff of members is the last action to be taken under financial emergency, the following steps shall be taken in order:

18.6.1 The teaching of overloads in an affected discipline shall be eliminated.

18.6.2 Any category of faculty other than full-time shall be released first.

18.6.3 Non-tenured members in an affected department shall be laid off before tenured members in that department.

18.6.4 Full-time tenured members in an affected department with the least amount of full-time continuous service at the the University shall be laid off in advance of those with more full-time continuous University service.

18.6.5 Where the length of full-time continuous University service is equal, academic rank, if unequal, shall be taken into account, with the person with lower rank preceding a person with higher rank in the order of layoff.

18.6.6 Any tenured member scheduled for lay off who is qualified to teach in a different department or college can "bump" untenured faculty in said department or college.

18.6.7 The Employer shall not appoint new faculty while members are laid off within the periods specified in 18.9 below except in extraordinary circumstances where the CIC agrees that a serious impairment of retained academic programs would otherwise result and reassignment of faculty members designated for layoff has been considered as a solution.

18.7 Laid off members shall have the right of expedited use of the grievance procedure herein as to whether the principles of this Article have been properly applied in their case.

18.8 If a member is laid off under the terms of this Article, the faculty member shall receive notice, or salary in lieu thereof, in accordance with the following schedule:

18.8.1 at least three (3) months if the final decision is reached by March 1 (or three (3) months prior to the expiration) of the first year of probationary service, if the member is untenured;

18.8.2 at least six (6) months, if the decision is reached by December 15 of the second year (or after nine (9) months, but prior to eighteen (18) months) of probationary service, if the member is untenured;

18.8.3 at least one (1) year, if the decision is reached after eighteen (18) months of probationary service, if the member is untenured;

18.8.4 completion of the current academic year plus one (1) year, if the member is tenured; provided, nevertheless, that no salary or notice is required beyond the term to which an untenured member has most recently been appointed.

18.9 If an untenured member is laid off before the end of the period of an appointment, or if a tenured member is laid off, under the terms of this article, the University may not fill a position in a discipline in which a released member is qualified to teach unless the released member has been offered reappointment and has been given at least thirty (30) calendar days within which to accept or decline the reappointment. This restriction on filling positions shall be in effect for a period of one (1) year from the date of the layoff of the untenured member, and for a period of three (3) years from the date of the layoff of the tenured member. A member thus recalled shall be recalled with all time restored for seniority and retirement purposes.

18.10 Upon the effective date of layoff of a member, under the terms of this Article, the right of that member's access to space, services, resources and equipment (or their equivalent) to which the member was entitled prior to layoff shall be honored, for a period up to three (3) years, to the extent of availability. Such a laid off member shall have the right to continue to participate, at the member's expense, at the University group rates, in the University's life insurance, medical/dental/vision benefit programs and shall continue to enjoy tuition waiver privileges available to members for a period of up to three (3) years.

ARTICLE 19.0

GRIEVANCES

19.1 The parties agree that, whenever possible, disputes should be resolved informally at the lowest level. To that end, all members and administrators are encouraged to engage in free and open communication in the airing of differences.

19.2 DEFINITIONS 19.2.1 A "grievance" is a complaint or allegation by a member or members, or by the UT-AAUP that there has been a violation, misinterpretation or improper application of the provisions of this Agreement. Unless specifically modified within this Agreement, all provisions of this Agreement are subject to this Grievance Procedure.

19.2.2 The time limits indicated in this Article shall be considered maxima unless extended by mutual agreement in writing,19.3If the matter is not resolved informally, a formal grievance may be filed on the official grievance form found in Appendix A.

19.3.1 INITIAL FILING

The aggrieved member(s) shall present the grievance through UT-AAUP, in writing, on the official grievance form to the Assistant Vice President for Academic Affairs-Faculty Relations within thirty (30) days following the act or omission giving rise to the grievance, or the date the member(s) knew or could reasonably have been expected to know of such act or omission. The written grievance shall state the nature of the grievance, the dates when the act or omission giving rise to the grievance occurred, the contractual provisions allegedly violated, the remedy sought and be signed by the grievant. The Assistant Vice President for Academic Affairs-Faculty Relations will review the grievance and promptly forward the grievance to the appropriate supervisor for hearing, with notice to the grievant(s) and the UT-AAUP.

19.3.2 DEPARTMENT CHAIRPERSON

Upon receipt of a grievance from the Assistant Vice President for Academic Affairs-Faculty Relations, the department chairperson, or other appropriate immediate supervisor, shall arrange for a meeting with the grievant and a UT-AAUP representative, to take place within ten (10) days, to discuss and attempt to resolve the grievance. Within ten (10) days following the meeting, the supervisor hearing the grievance shall send a written response to the grievance, including reasons, on the original grievance form, to the grievant, with concurrent copies to the Assistant Vice President for Academic Affairs-Faculty Relations and the UT-AAUP. If the grievant or the UT-AAUP does not accept the answer provided at this step, either may, within ten (10) days, appeal, on the original grievance form, to the Assistant Vice President for Academic Affairs-Faculty Relations to have the grievance reviewed at the level of dean. The Assistant Vice President for Academic Affairs-Faculty Relations shall then promply forward the grievance to the appropriate dean.

19.3.3 DEAN

Upon receipt of a grievance from the Assistant Vice President for Academic Affairs-Faculty Relations, the dean shall arrange for a meeting with the grievant and a UT-AAUP representative, to take place within fourteen (14) days, to discuss and attempt to resolve the grievance. Within fourteen (14) days following the meeting, the dean hearing the grievance shall send a written response to the grievance, including reasons, on the original grievance form, to the grievant, with concurrent copies to the Assistant Vice President for Academic Affairs-Faculty Relations and the Association. If the grievant or the UT-AAUP does not accept the answer provided at this step, either may, within ten (10) days, appeal, on the original grievance form, to the Assistant Vice President for Academic Affairs-Faculty Relations to have the grievance reviewed by the Vice President for Academic Affairs. The Assistant Vice President for Academic Affairs-Faculty Relations shall then promply forward the grievance to the Vice President for Academic Affairs.

19.3.4 VICE PRESIDENT FOR ACADEMIC AFFAIRS

Upon receipt of a grievance from the Assistant Vice President for Academic Affairs-Faculty Relations, the Vice President for Academic Affairs shall arrange for a meeting with the grievant and a UT-AAUP representative, to take place within twenty-one (21) days, to discuss and attempt to resolve the grievance. Within twenty-one (21) days following the meeting, the Vice President for Academic Affairs shall send a written response to the grievance, including reasons, on the original grievance form, to the grievant, with concurrent copies to the Assistant Vice President for Academic Affairs-Faculty Relations and the UT-AAUP. If the UT-AAUP does not accept the answer provided at this step, it may, within ten (10) days, appeal, on the original grievance form, to the Assistant Vice President for Academic Affairs-Faculty Relations to have the grievance reviewed by the Internal Arbitration Board (hereinafter IAB). The Assistant Vice President for Academic Affairs-Faculty Relations shall then promply request the Board to convene.

19.3.5 INTERNAL ARBITRATION BOARD

The IAB shall convene within twenty (20) days of formation to hear the grievance and receive such evidence and testimony as the parties may wish to present. The IAB shall be a standing body consisting of three (3) members appointed by the President of the University and three (3) members appointed by the President of UT-AAUP. The board shall choose a chairperson from among its members. Decisions of the IAB shall be by agreement of four (4) or more members voting by secret ballot and shall be final and binding on all parties. Such decisions and orders shall be issued in writing, signed by all members of the IAB, within thirty (30) days after closing of the record.

19.3.6 EXTERNAL BINDING ARBITRATION

In the event that the IAB does not render a final and binding decision, UT-AAUP shall have the sole right to submit the grievance to final and binding arbitration by an external arbitrator, within ten (10) days after receipt of notice of the IAB's inability to reach a decision, by written notice to the Assistant Vice President for Academic Affairs-Faculty Relations. If the UT-AAUP appeals to external arbitration, representatives of the UT-AAUP and the Assistant Vice President for Academic Affairs-Faculty Relations shall meet within ten (10) days to select an arbitrator. In the event the parties are unable to agree upon the selection of a neutral person, the selection shall be made by asking the Federal Mediation and Conciliation Service to provide a panel of nine (9) names in accordance with procedural rules of the Federal Mediation and Conciliation Service. The arbitrator's decision shall be final and binding upon the parties and shall be rendered within thirty (30) days after the arbitration hearing record is closed. The cost of arbitration shall be borne equally by UT-AAUP and the Employer.

19.4 REMEDIES

External arbitrators, IAB and all officers hearing a grievance shall be bound by the following:

19.4.1 They shall have no authority to add to, subtract from, alter, change or modify any of the provisions of this Agreement.

19.4.2 Their decisions shall be limited to only the question or questions submitted for their decision.

19.4.3 In grievances concerning promotion in academic rank or the award of tenure they shall only have the power to remand the negative decision being grieved with directions as to procedures to be followed and information to be considered. However, the IAB may make awards of substance in matters of promotion in academic rank.

19.4.4 They shall not render any decision which would result in the violation of this Agreement or a public statute or regulation.

19.4.5 They shall make no award which provides a member compensation greater than would have resulted had there been no violation.

19.5 Any grievance not otherwise specifically limited by this Agreement can be heard on substantive or procedural grounds. Grievances may be amended up to and including the Vice President level.

19.6 Suspensions or dismissals may be appealed by UT-AAUP directly to the Internal Arbitration Board.

19.7 A member who participates in a grievance procedure will not be subject to disciplinary reprisal because of such participation.

19.8 Any relevant information in possession of the employer pertaining to a grievance that is needed by UT-AAUP to investigate and process a grievance will be provided to UT-AAUP within five (5) days of a written request.

19.9 Individual grievants may have private counsel present at their own expense in any or all grievance proceedings. However, such counsel may not participate in the proceedings except as a silent observer.

19.10 EXCLUSIVITY OF PROCESS

The procedures described in this Article shall constitute the sole and exclusive method used for resolution of grievances. If a grievant seeks relief through a judicial or administrative forum outside of this grievance procedure for a subject matter covered by a grievance, the processing of the grievance shall be held in abeyance until the outside forum has issued a final determination or unless both the Employer and the UT-AAUP agree otherwise.

ARTICLE 20.0

NO STRIKE/NO LOCKOUT

20.1 The UT-AAUP and its officials will not cause, support, or condone, nor shall any member or members take part in any strike, slowdown or work stoppage of any kind during the life of this Agreement.

20.2 The Employer shall not conduct a lockout of bargaining unit members during the term of this Agreement.

20.3 Any member of the bargaining unit who engages in any activity in violation of section 20.1 above during the term of this Agreement shall be subject to discipline up to and including dismissal as determined by the University.

ARTICLE 21.0

UT-AAUP

21.1 The UT-AAUP shall be permitted reasonable use, to the extent permitted by law, of University facilities and services on the same basis and at the same cost as recognized campus organizations.

21.2 The Employer will make available space in University Hall to be utilized by UT-AAUP for an office. UT-AAUP shall be responsible for the costs of telephone installation and service, if same is desired by them. Should this space become unavailable because of renovation or changes in facility usage, the Employer will endeavor to find other space. However, it is recognized a suitable alternative space may not be available.

21.3 The UT-AAUP shall be permitted to purchase 48 credit hours of released time for its officers at the rate of $225.00 per credit hour each quarter. Additional time may be purchased at the rate of $450.00 per credit hour. Activities performed under this Article for UT-AAUP may be considered University service for purposes of faculty evaluation.

21.4 The regular UT-AAUP dues shall be established under the terms of the UT-AAUP Constitution and certified to the Employer by the UT-AAUP. The payroll deduction of the regular UT-AAUP dues or Fair Share Fees shall be made on the first two pay days in each month during which the member is in active pay status.

21.4.1 Effective 60 days following the beginning of employment, members of the bargaining unit who are not members of the UT-AAUP shall pay to the UT-AAUP a Fair Share Fee. This does not require any member of the bargaining unit to become a member of the UT-AAUP, nor shall the Fair Share Fee exceed dues paid by members of the UT-AAUP who are in the bargaining unit. The UT-AAUP shall prescribe an internal rebate procedure which conforms to Federal Law and to ¤ 4117.09 (C) Ohio Revised Code. The deduction of a Fair Share Fee from the payroll checks of members of the bargaining unit and its payment to the UT-AAUP is automatic and does not require the authorization of the member. Payments by members holding religious concientious objections shall be governed by ¤ 4117.09 (C) Ohio Revised Code. No member of the bargaining unit shall be required to become a member of the UT-AAUP as a condition for securing or retaining employment.

21.4.2 The UT-AAUP shall indemnify the Employer against any and all claims, demands, suits, or other forms of liability or costs that arise out of, or relate to, any action taken or not taken by the Employer for the purpose of complying with the provisions of this Article.

21.4.3 The Employer agrees to make every effort to forward checked-off dues to the UT-AAUP within two weeks following the second pay day of each month, but no later than 30 days.

ARTICLE 22.0

ENTIRE AGREEMENT

22.1 Subject to Articles 22.2 and 22.3_ the parties acknowledge that each had the full right to make proposals with respect to any subject, and that, after exercising that right, all the parties' understandings are set forth in this Agreement. The terms of this Agreement may be altered, changed, added to, deleted from, or modified only through the voluntary mutual consent of the parties in a written and signed amendment to this Agreement.

22.2 A past practice affecting wages, hours and other terms and conditions of employment must affect a substantial number of members in more than one department, be acknowledged as a past practice by the parties, and not have been modified in any way by this Agreement.

22.3 The Contract Implementation Committee will resolve questions concerning past practices.

22.3.1 If the Contract Implementation Committee is unable to resolve a past practice question, the matter may be submitted by either party to advisory arbitration by an external arbitrator.

22.3.1.1 The arbitrator in issuing an advisory opinion shall answer only the question of whether the issue in dispute meets the definition of a past practice set forth in Article 22.2.

ARTICLE 23.0

SEPARABILITY

Should any portion of this Agreement be found by a duly constituted court or regulatory authority to be in conflict with any applicable law or public regulation, then such conflicting portion of this Agreement shall be rendered null and void and the applicable law or regulation shall be controlling. In such event, upon request of either party, the parties shall commence good faith bargaining for replacement language.

The invalidation of any portions of this Agreement in accordance with this Article shall not affect the legality and enforceability of the remainder of this Agreement.

ARTICLE 24.0

CONTRACT IMPLEMENTATION COMMITTEE

For the life of this Agreement there shall exist a Contract Implementation Committee to supervise the implementation of this Agreement and to carry out the various tasks assigned to it specifically by this Agreement. The committee shall consist of the Vice President for Academic Affairs, the Vice President for Graduate Studies, Research and Economic Development, the Assistant Vice President for Academic Affairs-Faculty Relations, the President of UT-AAUP, the Chief Negotiator for UT-AAUP of this Agreement and one other UT-AAUP representative named by UT-AAUP.

ARTICLE 25.0

TERM OF AGREEMENT

This Agreement shall be in effect from May 1, 1993 through June 30, 1997. The parties agree to begin negotiations for a successor agreement no later than April 1, 1997. In addition, there shall a limited reopener on compensation, health benefits, dependent tuition benefits, and early retirement incentive program/superannuacy, for the period of July 1, 1995 through June 30, 1997. The Employer and UT-AAUP shall establish a joint study committee to review all aspects of early retirement incentive program/superannuacy and a joint committee to study salary inequities. Said committees shall complete their investigations prior to the reopener. Negotiations on the reopener shall begin no later than April 1, 1995.

ARTICLE 26.0

DISTRIBUTION OF AGREEMENT

Within thirty (30) calendar days after this Agreement has been ratified and signed by the parties, the University shall have this Agreement printed at its expense and distributed to all bargaining unit members. Thereafter, all new members shall be provided a copy of this Agreement along with their offer of employment.

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