Restrictive Covenant Memorandum of Agreement

The AAUP and UMDNJ hereby agree to resolve all issues in dispute at conciliation as follows:

(1) At RWJMS and SOM the Employer shall have the right to enter into restrictive covenants with unit members, having a duration of one year following the last date of service with the University. These restrictive covenants can prohibit the unit member from establishing or working in an office or providing care for patients in any established facility in locations up to:

(1)(A) 20 miles of the unit member’s principal practice location at the time of leaving the University if the unit member is a specialist or sub-specialist, including sub-specialists of the primary care discipline.

(1)(B) 10 miles of the unit member’s principal practice location at the time of leaving the University of the unit member is a primary care physician (i.e. internal medicine; family medicine, pediatrics or obgyn).

(2) Unit members at RWJMS and SOM who never signed a restrictive covenant agreement as of 5/9/05 shall be grandfathered and not required to sign them.

(3) Restrictive Covenants shall apply to resignations and not involuntary separations (including non-renewals).

(4) The 20/10 mile standard shall be applied upon contract renewal for any unit member currently working under a contract with a restriction of a lesser distance.

(5) The parties agree that nothing in this Memorandum shall serve as a precedent nor shall it establish a negative implication nor undermine the position of either party with respect to the question of restrictive covenants for unit members in Newark area schools.

The Undersigned hereby agree to recommend ratification and approval and shall act within sixty days.