Common use of OUT-OF-UNIT MOVEMENT Clause in Contracts

OUT-OF-UNIT MOVEMENT. INDIVIDUAL ACADEMIC RESEARCHERS 1. Should the University identify Academic Researchers who it contends are no longer appropriately classified as bargaining unit members, the campus or health system location shall: a. Provide the Union notice no later than thirty (30) calendar days in advance of the effective date of the out of unit movement; b. Identify the name(s) and in unit title(s) of the Academic Researcher(s); c. Identify the new duties or circumstances which constitute an out of bargaining unit designation; d. Identify the new title code(s) the Academic Researcher(s) will be moved into; e. Provide the union the opportunity to meet and discuss the decision within ten (10) calendar days from the date of the notice and whom to contact in the event the union requests to meet. 2. The Academic Researcher(s) shall be moved out of the unit on the effective date in the notice. 3. If the Union decides to pursue a challenge after the meeting in Section B.1.e above, the Union shall do so through the grievance procedure. The date of the meeting, shall be considered the date the Union knew or should have known, in accordance with the provisions of Article 7 - Grievance and Arbitration Procedures, Section D.2.a. 4. If the Union pursues the matter to arbitration, the arbitrator is limited to the following remedies: ▇. ▇▇▇▇▇ the grievance and place the Academic Researcher(s) back into bargaining unit in the appropriate title code; or b. Deny the grievance in which case there shall be no further action and the Academic Researcher(s) remains in a title code out of the bargaining unit. 5. If the Arbitrator grants the grievance, the Academic Researcher(s) is solely responsible for any back dues owed to the Union.