Memorandum Of Understanding Regarding Graduate Program Chairs
This Memorandum Of Understanding (“MOU”) between the University of Hawai’i (“UH”) and the University of Hawai’i Professional Assembly (“UHPA”) memorializes their agreement for resolving the current dispute concerning whether Article XXIII, Section E of the parties’ 2009-2015 Collective Bargaining Agreement (the “2009 CBA”) includes Graduate Program Chairs on the following terms:
1. Unless hereafter bargained otherwise, the first sentence of Article XXIII, Section E of the 2009 CBA shall read: “Monthly compensation for Department or Division Chairs, Associate Chairs, or Assistant Chairs, shall not be less than $300 per month.”
2. The UH and UHPA agree that pursuant to Article XXX, Duration of the 2009 CBA, not less than ninety (90) days before the beginning of the legislative session of 2011, and if necessary, not less than ninety (90) days before the beginning of the legislative session of 2013, during the reopener negotiations over faculty salaries currently provided for in the 2009 CBA, the parties will also meet to discuss, without any pre¬conditions or obligation to concede, whether and on what terms should the stipends provided in Article XXIII, Section E of the 2009 CBA be extended to Graduate Program Chairs.
3. Immediately following the execution of this MOU by the parties:
(a) UHPA shall provide the UH a written dismissal of its June 3, 2010 Demand for Arbitration of its April 5, 2010 Class Grievance Regarding Article XXIII E of the 2009 CBA and the withdrawal of its April 5, 2010 Class Grievance Regarding Article XXIII E of the 2009 CBA, each side to bear its own costs and expenses; and,
(b) Upon its receipt of a fully executed copy of this MOU and UHPA’s dismissal of its June 3, 20 I 0 Demand for Arbitration of its April 5,20 I 0 Class Grievance Regarding Article XXIII E of the 2009 CBA and withdrawal of its April 5, 2010 Class Grievance Regarding Article XXIII E of the 2009 CBA the UH shall withdraw its Prohibited Practice Complaint CU-07-294 and Petition for Declaratory Ruling DR-07-101, currently pending before the Hawaii Labor Relations Board, each side to bear its own costs and expenses, and provide UHPA a copy of the withdrawals.
4. All dismissals or withdrawals provided for in this MOU may be exchanged by the parties through their respective legal counsel.
Executed and dated at Honolulu Hawaii as of the dates shown below.
The University of Hawaii The University of Hawaii Professional Assembly
By: _____________________________ By: _______________________________
Its: UH Vice President Its: President
Dated: June 22, 2010 Dated: June 17, 2010