20.1 Entire Agreement

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existing understanding or agreement by the parties, whether formal or informal, regarding any such matters are hereby superseded.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

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

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

The parties recognize that during the term of this Agreement 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 CAPS 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 10, when all three of the following exist:

1. Where such changes would affect the working conditions of a significant number of employees in Unit 10.

2. Where the subject matter of the change is within the scope of representation pursuant to the Dills Act.

3. Where CAPS requests to negotiate with the State.

Any agreement resulting from such negotiations shall be executed in writing and shall become an addendum to this Agreement. 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.

20.2 Duration

A.  Unless a specific provision provides for a different effective date, the terms of the Agreement shall go into effect April 1, 2011 and remain in full force through July 1, 2013.

B.  In the six-month period prior to the expiration date of the Agreement, the complete Agreement will be subject to renegotiation. 

20.3  Contract Appropriation

The State and CAPS agree to present to the Legislature a provision to appropriate funds to cover the economic term of this agreement through July 1, 2013.  This will maintain Unit 10 employee salaries and benefits in case of an untimely budget.

The State agrees to separately and concurrently defend with CAPS, against any litigation intended to force minimum wage payments on Unit 10 employees regarding salary and benefits earned during the economic term of the agreement, i.e., through July 1, 2013.  The State will not pay or reimburse CAPS for any legal expenses or costs CAPS incurs in its defense of said litigation.

20.4  Contract Protection

A.  If any other State Bargaining Unit(s) enter into an agreement with the State that does not have Pension Reform or provides a greater value/total compensation package than this agreement does, taking into account all "takeaways" or enhancement/"sweeteners," then CAPS (Unit 10) members shall receive the difference between the packages/agreements, not including bona fide litigation matters (such as future court decisions or settlements), arbitration decisions or settlements, a Bargaining Unit (i.e. its members) being brought up to the same level of health care benefits as this unit, and legislative changes.  Upon occurrence of such an event, the parties shall meet and discuss the differences and an implementation plan.  Only after such discussions and without mutual agreement may the Union file a grievance.  

B.  The term of this article/section shall not apply to successor agreements previously reached with Units 2, 5, 6, 7, 8, 18, and 19.