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19.1 Entire Agreement

  1. This MOU sets forth the full and entire understanding of the parties regarding the matters contained herein, and any other prior or existing understanding or MOU by the parties, whether formal or informal, regarding any such matters are hereby superseded. Except as provided in this MOU, it is agreed and understood that each party to this MOU voluntarily waives its right to negotiate with respect to any matter raised in negotiations or covered in this MOU, for the duration of the MOU.

    With respect to other matters within the scope of negotiations, negotiations may be required during the term of this MOU as provided in Subsection b. below.

  2. The parties agree that the provisions of this Subsection shall apply only to matters which are not covered in this MOU.

    The parties recognize that during the term of this MOU, it may be necessary for the State to make changes in areas within the scope of negotiations.  Where the State finds it necessary to make such changes, the State shall notify PECG of the proposed change 30 days prior to its proposed implementation.

    The parties shall undertake negotiations regarding the impact of such changes on the employees in Unit 9, when all three of the following exist:

(1)   Where such changes would have an impact on working conditions of a significant number of employees in Unit 9;

(2)  Where the subject matter of the change is within the scope of representation pursuant to the Dills Act;

(3)   Where PECG requests to negotiate with the State.

Any agreement resulting from such negotiations shall be executed in writing and shall become an addendum to this MOU.  If the parties are in disagreement as to whether a proposed change is subject to this Subsection, such disagreement may be submitted to the arbitration procedure for resolution.  The arbitrator’s decision shall be binding.  In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted to mediation pursuant to Section 3518 of the Dills Act.