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 For the life of this Agreement and for the purposes of this Article, the forms currently in use on each campus entitled "Annual Faculty Report and Evaluation of Professional Activities" 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.

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:

(a) the chair of the departmental personnel committee and/or representatives of the departmental personnel committee;

(b) the chair/head of the department, program or other analogous unit;

(c) the dean or other analogous academic administrative official.

33.8 Student evaluations shall be kept on file in the department or program office for a period of six years.

33.9 Article 33.1, 33.3, 33.4, 33.5, and 33.7(a) shall not be subject to Article XXV, Grievance Procedure.

ARTICLE XXXIV
Periodic Multi-Year Review

34.1 Periodic Multi-Year Review of tenured faculty members shall be conducted in accordance with the "Policy on Periodic Multi-Year Review," attached hereto as Appendix A.

34.2 During each academic year from 2001-02 through 2003-04, the Amherst campus will allocate $250,000, at least $150,000 of which will be allocated to the college development funds described in the "Review Process" section of the Policy on Periodic Multi-Year Review. Any remaining funds will be allocated for a development program in the Center for Teaching and for individual faculty research grants, for individuals who have undergone Periodic Multi-Year Review. These funds will be in addition to and not a replacement or renaming of the professional development funds that have been provided for in the MSP contract.

During each academic year from 2001-02 through 2003-04, the Boston campus will allocate $93,500, at least $56,000 of which will be allocated to the college development funds described in the "Review Process" section of the Policy on Periodic Multi-Year Review. Any remaining funds will be allocated for a development program in the Center for the Improvement of Teaching for individuals who have undergone Periodic Multi-Year Review and for other efforts to support the development of faculty members who have undergone Periodic Multi-Year Review. These funds will be new funds, an addition to and not a replacement or renaming of development funds that have been distributed in the past.

The college development funds for each campus shall be allocated annually, beginning in FY2002, to each school and college of that campus on a pro-rata basis of the number of individuals scheduled for PMYR in each school or college in the previous year as a percentage of the total number of individuals scheduled for PMYR in the previous year on the campus. The Union and the University shall negotiate over the use of any college development funds that are not allocated through the PMYR process.

34.3 The parties agree to the establishment of a joint committee at each campus, with equal numbers of representatives of the University and the Union, to develop suggested timelines for the PMYR process.

35.1 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.

35.2 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.

35.3 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.

ARTICLE XXXVI
DURATION

36.1 This Agreement shall be for the three-year period from July 1, 2001, through June 30, 2004, and the terms contained herein shall become effective on the date of its execution by the parties.

36.2 On or before March 1, 2004, 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, 2004. 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, 2004, through June 30, 2007. 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.

36.3 This Agreement is entered into and shall become effective as of midnight on the ??? day of ????, 2001.