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Memorandum of Understanding with Unit 12 - Dpa - State of California

Memorandum of Understanding with Unit 12 - Dpa - State of California

Memorandum of Understanding with Unit 12 - Dpa - State of California

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E. Any agreement resulting from such negotiations shall be executed in writing and shallbecome an addendum to this Agreement, once approved by the Department <strong>of</strong> PersonnelAdministration. However, if after 60 calendar days from the <strong>State</strong> Agency’s notice theparties have not reached agreement, the <strong>State</strong> agency may implement the proposedchange <strong>with</strong> the concurrence <strong>of</strong> the Department <strong>of</strong> Personnel Administration.F. If the parties are in disagreement as to whether a proposed change is subject to thisSubsection, such disagreement may be submitted to the arbitration procedure forresolution. The arbitrator's decision shall be binding.G. If either party believes the other to be engaged in bad faith bargaining, either party maytake the issue to the Department <strong>of</strong> Personnel Administration and if unresolved, nothing inthis section will prevent either party from filing a complaint <strong>with</strong> the Public EmploymentRelations Board (PERB).H. Nothing in this section shall be construed to require the employer to violate a statutory orregulatory mandate, or court order.22.2 Savings ClauseShould any provision <strong>of</strong> this Agreement be found unlawful by a court <strong>of</strong> competentjurisdiction or invalidated by subsequently enacted legislation, the remainder <strong>of</strong> theAgreement shall continue in force. Upon occurrence <strong>of</strong> such an event, the parties shallmeet and confer as soon as practical to renegotiate the invalidated provision(s).ARTICLE 23 - DURATIONUnless a specific provision provides for a different effective date, terms <strong>of</strong> this Agreementshall go into effect July 1, 1999, and shall remain in full force and effect through andincluding July 2, 2001.SIDE LETTERS, ADDENDUMS & ATTACHMENTSSIDE LETTER - Work Zone Safety – CALTRANSIn recognition <strong>of</strong> the importance <strong>of</strong> creating a greater public awareness <strong>of</strong> the workperformed by Caltrans highway maintenance workers and to educate the public in properdriving behavior while driving through or near highway maintenance work zones, IUOE andCaltrans agree to periodically request the Department <strong>of</strong> Motor Vehicles to meet <strong>with</strong> theJoint IUOE/Caltrans Health and Safety Committee to review and discuss questionspertaining to work zone safety which may be asked on driver's license examinations.119BU <strong>12</strong>(99-01)

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