The Employer recognizes the Association as the sole and exclusive bargaining agent for the purposes of establishing wages, hours, standards of productivity and performance and other terms and conditions of employment for all employees in the Unit as defined by MLRC Case No. SCR-2115, as amended by CAS 3080 and CAS 3081. For the purposes of this Agreement, the Unit shall be understood to consist of: All full-time and regular part-time administrative, clerical and technical employees of the University of Massachusetts at Amherst; excluding regular part-time employees who are expected to work less than 50 percent (50%) of the hours in a work year of a full-time employee in the same title; managerial and confidential employees within the meaning of M.G.L. Chapter 150E; students; employees paid on an hourly basis; supervisory employees and all other employees. Should any new classified classification(s) be added to the work force, the appointing authority shall notify the Association of such new classified classification(s). The appointing authority shall determine if such new classified classification(s) shall be added to the bargaining unit and the appointing authority shall notify the Association of its determination. If the Association disagrees with the appointing authority's determination, the matter may be referred to the State Labor Relations Commission by the Association with a request that the Commission make a determination. In the event it shall be finally adjudicated that the classified classification(s) be added to the bargaining unit, the classified classification(s) shall then be subject to the provisions of this Agreement. Should the appointing authority determine that a position or positions in a classification included in the Unit at the time of the execution of the April 28, 1981 Memorandum of Understanding concerning the exclusion of confidential/managerial employees as most recently amended by the parties, is no longer appropriately included in the Unit, it shall notify the Association of such determination. In the event the Association does not agree to the exclusion(s), the matter shall be referred to the State Labor Relations Commission for determination. Upon notification to the Association, any employee determined by the appointing authority to be excluded shall pay into an escrow account the equivalent of the Association's dues or agency fee. Said moneys shall either be returned to the employee or tendered to the Association, depending upon the outcome of the parties' discussions or the determination of the Labor Relations Commission. The appointing authority agrees that when an employee in the bargaining unit is promoted, transferred, successfully applies for or otherwise moves from his/her unit position to a position excluded from the bargaining Unit by virtue of the April 28, 1981 Memorandum of Understanding, as most recently amended by the parties, the appointing authority shall so advise the Association. The Employer will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining, or make any agreement with any such group or individual for the purpose of undermining the Association or changing any condition in this Agreement. The Employer agrees to apply applicable provisions of this Agreement to those employees who receive all contractual benefits, whose funding source is derived from institute, grant or contract funds, and who perform the function of those positions covered by this Agreement to the extent that the terms of their respective institute, grant or contract funding source and the level of funding thereunder so allow, as determined by the CEO.