Article 4: Agreement Control

4.1

This Agreement has been executed and will be implemented in accordance with the Constitution and laws of the State of New Mexico.

4.2

If College policy, regulation or directive specifically conflicts with the provisions of this Agreement, the Agreement shall control.

4.3

This Agreement may only be modified or waived through a written agreement between the College and the Coalition.

4.4

The College will not implement any policy, regulation or directive that specifically conflicts with this Agreement. The Coalition and the employees will abide by the conditions of this Agreement and applicable employer policy.

4.5

Unless otherwise specifically stated herein, the provisions, conditions and requirements of this Agreement shall apply to all employees in the bargaining unit.

4.6

If this Agreement is silent on a particular issue, exercising judgment and discretion on such issue shall be considered a retained management right. The parties (CNM, the Coalition and bargaining unit employees) will abide by the conditions of this Agreement and all other CNM policies, rules, regulations, and practices. CNM reserves the right to amend said policies, rules, regulations and practices so long as such amendment does not specifically conflict with any provision of this Agreement. College policies, rules, regulations and practices other than this Agreement are not subject to the grievance procedure contained in this Agreement. Said policies, rules, regulations and practices shall not be interpreted as being an extension of this Agreement. If this Agreement is silent on a particular issue it shall be considered a retained management right and is not subject to the grievance procedure contained in this Agreement. The parties acknowledge that this does not prohibit the Coalition from raising issues covered by these policies in negotiations for a successor agreement, or in the Labor Management Committee during the term of this Agreement.