Contract

This Agreement entered into by the University of Massachusetts, Amherst, hereinafter referred to as the Employer, and the American Federation of State, County and Municipal Employees, Council 93, Local 1776, AFL-CIO, hereinafter referred to as the Union, will set forth procedures for the equitable resolution of grievances, the terms of employment with respect to wages and working conditions, and means by which the parties may consult periodically on mutually perceived problems and has as its purpose the promotion of harmonious relations between the Employer and the Union.

All parties are committed to the creation and maintenance of a work environment where employees and supervisors treat each other with dignity, respect and civility.

DEFINITIONS

1. BOARD - The term "Board" shall mean the Board of Trustees of the University of Massachusetts.

2. CHIEF EXECUTIVE OFFICER (CEO) - The term "Chief Executive Officer," hereinafter in this Agreement as "CEO," shall mean the Chancellor of the University of Massachusetts at Amherst, or his/her designee.

3. CHIEF EXECUTIVE OFFICER DESIGNEE shall be the Employee/Labor Relations Administrator or his/her designee.

4. INSTITUTIONAL PERSONNEL OFFICER shall be Personnel Administrator/Associate Director of Human Resources or designee.

5. DAY - Except as is otherwise provided in this Agreement, the term "day" shall mean a calendar day inclusive of any Saturday, Sunday, skeleton day or holiday.

6. EMPLOYER - The term "Employer" shall mean the University of Massachusetts Amherst.

7. IMMEDIATE SUPERVISOR - The term "Immediate Supervisor" shall mean the immediate work supervisor, designated by the CEO or designee, who may or may not be a unit member.

8. SENIORITY - Except as is otherwise provided in this Agreement, the term "seniority" shall be defined as length of continuous full-time equivalent service as a full-time or regular part-time employee, regardless of source of funds, since the last date of hire by the University.

9. DOMESTIC PARTNER - A person of the same sex with whom the unit member has a committed relationship which involves a personal and economic bond.

10. TOUR OF DUTY - The term "Tour of Duty" shall mean that period of time regularly assigned to an employee as his/her regular daily work period.

11. UNION - The term "Union" shall mean Local 1776 of the American Federation of State, County and Municipal Employees, Council 93, AFL-CIO.

12. WORK WEEK - The term "Work Week" shall mean a calendar week, i.e., a week extending from Sunday to Saturday inclusive.

ARTICLE 1

RECOGNITION

The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing wages, hours, standards of productivity and performance and other terms and conditions of employment for all full-time and regular part-time employees in the bargaining unit certified as of November 1, 1997, and any and all amendments since that date. A regular part-time employee is defined as an employee who is expected to work 50% or more of the hours in a work year of a full-time employee in the same title.

Should any new classified classification(s) be added to the work force, the Employer shall notify the Union of such new classified classification(s). The Employer shall determine if such new classified classification(s) shall be added to the bargaining unit and the Employer shall notify the Union of its determination. If the Union disagrees with the Employer's determination, the matter may be referred to the State Labor Relations Commission by the Union, with a request that the Commission make a determination. In the event it shall be finally adjudicated that the classified classification(s) be added to the bargaining unit, the classified classification(s) shall then be subject to the provisions of this Agreement.

The Employer will not aid, promote or finance any labor group, organization or individual which purports to engage in collective bargaining, or negotiate with any individual unit member or make any agreement with any individual for the purpose of undermining the Union or changing any condition in this Agreement.

The Employer agrees to apply applicable provisions of this Agreement to those employees who receive all contractual benefits, whose funding source is derived from institute, grant or contract funds and who perform the functions of those positions covered by this Agreement to the extent that the terms of their respective institute, grant or contract funding source and the level of funding there under so allow, as determined by the CEO.

ARTICLE 2

SCOPE OF AGREEMENT

Section 1.

The parties agree that this Agreement in all respects supplants and replaces all particular provisions of the following General Laws of the Commonwealth of Massachusetts and Rules and Regulations thereto and any future rules and regulations promulgated there under namely: the Second Paragraph of Section Twenty-Eight of Chapter Seven (Red Book); Section Twenty-Four A; Paragraphs (4) and (5) (Gray Book), formerly paragraphs (5) and (6) of Section Forty-Five; Paragraphs (1), (4) and (10) of Section Forty-Six, and Section Fifty-Three of Chapter Thirty; Sections Thirty to Forty-Two, inclusive, of Chapter One Hundred and Forty-Nine.

Section 2.

The parties agree that during the negotiations of the terms of this Agreement, they were afforded the unrestricted right to negotiate all matters covered by Chapter 150E; that they shall be governed exclusively by and limited to the terms and provisions of this Agreement and that neither shall have any other obligation or be obligated to negotiate with respect to any matter pertaining to wages, hours, or other terms and conditions of employment whether or not specifically included in this Agreement or discussed during the negotiations preceding the execution of this Agreement.

Section 3.

No addition to, alteration, modification, or waiver of any term, provision, covenant or condition or restriction in this Agreement shall be valid, binding or of any force or effect unless mutually agreed to, in writing, by the parties to this Agreement.

Section 4.

Any prior Agreements covering employees covered by this Agreement shall be terminated and of no effect, upon the effective date of this agreement and shall be superseded by this Agreement except for those benefits that are specifically continued into the new Agreement by mutual consent.

ARTICLE 3

MANAGEMENT RIGHTS

The Union and the Employer agree that the provisions of this Agreement shall be expressly limited to conditions of employment covered by this Agreement, and no provision shall be construed to restrain the University from the management of its operations, including but not limited to the determination of the standards of service to be provided and standards of productivity and performance of its employees; the right to determine the size and composition of the work force; to determine educational and work standards; to decide the location and number of its offices, administrative buildings, residence halls, facilities, and physical plant; to determine the quantity and type of equipment to be used in its operation; the speed of such equipment and the manning requirements of such equipment or any job; to determine the content of job classification; to promulgate reasonable rules and regulations; to select supervisory and managerial employees; to discipline, demote and discharge employees; to contract out work; to control and determine the state of products which may be used by employees; to restructure and combine jobs or to organize work teams or groups as it determines the operational needs of the organization warrant; to determine the time for work, staffing pattern and work area; to determine the method and place of performing work including the right to determine that the University's work force shall not perform certain work; to transfer employees from one administrative area to another; to schedule work, shifts, and work breaks; to determine the method of performing work including the introduction of improved methods and facilities; to determine whether such work shall be performed by bargaining unit employees or others; to fix standards of quality and quantity for work to be done; to determine whether any part of the whole of its operations shall continue to operate; to establish, to change, or abolish any service; to maintain order and efficiency in its facilities and operations; to determine the duties of employees; to hire, layoff, assign, transfer, retrench; to determine the qualifications of employees; to promote employees; to upgrade, allocate, reallocate, or classify employees; to determine the starting and quitting time; to require overtime; and all other rights and prerogatives including those exercised unilaterally in the past, subject to such regulations and restrictions governing the exercise of these rights as expressly provided in this Agreement, statute or law. Any management right set out in this Article shall be subject to the Grievance and Arbitration provisions herein.

ARTICLE 4

UNION SECURITY

Section 1.

The Union shall have the exclusive right to the checkoff and transmittal of Union dues on behalf of each employee.

Section 2.

An employee may consent in writing to the authorization of the deduction of Union dues from his/her wages and to the designation of the Union as the recipient thereof. Such consent shall be in a form acceptable to the Employer/Union and shall bear the signature of the employee. An employee may withdraw his/her Union dues checkoff authorization by giving at least sixty (60) day's notice in writing to the Office of Human Resources and the Secretary/Treasurer of the Union.

Section 3.

An employee may consent in writing to the authorization of the deductions of an agency service fee from his/her wages and to the designation of the Union as the recipient thereof. Such consent shall be in a form acceptable to the Employer/Union and shall bear the signature of the employee. An employee may withdraw his/her agency service fee authorization by giving at least sixty (60) day's notice in writing to the Office of Human Resources and the Secretary/Treasurer of the Union.

Section 4.

The Employer shall deduct weekly dues or any agency service fee from the pay of employees who request such deduction in accordance with this Article and transmit such funds in accordance with University policy to the Treasurer of the Union together with a list of part-time and full time employees whose dues or agency service fees are transmitted, provided that the Employer is satisfied by such evidence that it may require that the Treasurer of the Union has given to the Union a bond in a form approved by the Employer for the faithful performance of his/her duties, in a sum and with such agency or securities as are satisfactory to the Employer.

The parties agree to deduct from the pay of unit employees dues or agency fees on a weekly basis and to remit the dues or fees on a monthly basis.

ARTICLE 5

AGENCY SERVICE FEE

Section 1.

Each employee who elects not to join or maintain membership in the Union shall be required to pay as a condition of employment, beginning thirty (30) days following the commencement of his/her employment, an agency service fee to the Union in an amount that is equal to the amount required to become and remain a member in good standing of the exclusive bargaining agent.

Section 2.

This Article shall not become operative until this Agreement has been formally executed, pursuant to a vote of a majority of all employees in that bargaining unit present and voting.

Section 3.

The union shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Union for not paying the agency service fee. The Union will intervene in and defend any administrative or court litigation concerning the propriety of such termination for failure to pay the agency service fee. In such litigation, the Employer shall have no obligation to defend the termination.

Section 4.

Disputes between the parties concerning this Article shall be resolved in accordance with the grievance procedure contained in this Agreement. In the event such a dispute is submitted to arbitration, the arbitrator shall have no power or authority to order the Employer to pay such agency service fee on behalf of any employee. If the arbitrator decides that an employee has failed to pay or authorize the payment of the agency service fee in accordance with this Article, the only remedy shall be the termination of the employment of such employee if the employee continues to refuse to pay or authorize payment of the required agency service fee after having sufficient time to do so.

Section 5.

It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article, and the Union hereby agrees it will indemnify and hold the Employer harmless from any claims, actions or proceedings by an employee arising from the termination of an employee hereunder.

ARTICLE 6

UNION BUSINESS

Section 1. Union Representatives

Union Staff representatives shall be permitted to have access to the premises of the University for the performance of official Union business, provided that there is no disruption of operations. Requests for such access will be made in advance and will not be unreasonably denied. The Union will furnish the Employer with a list of staff representatives and their areas of jurisdiction.

Section 2. Union Officials

Except, as hereinafter provided, Union business shall be conducted by Union officials on off-duty hours. Designated Union officials shall be permitted to have time off without loss of pay for the investigation and processing of grievances and arbitrations. Grievants shall be permitted to have time off without loss of pay for processing their grievance through the contractual grievance procedure, except that for class action grievances, no more than three (3) grievants shall be granted such leave. Requests for all such time off shall be made in advance and shall not be unreasonably denied. Union officials and representatives shall conduct Union business in a manner, which shall not be disruptive to the University's operations or any employee's work. The Union will furnish the Employer with a list of the designated Union officials.

Section 3. Paid Leave of Absence

A. Leaves of absence without loss of wages, benefits or other privileges may be granted to elected delegates of the Union to attend conventions of the State, Regional and Parent Organization. Such leave will require the prior approval of the CEO. Persons designated, as alternate delegates shall not be granted paid leave of absence to attend such conventions.

B. Leaves of absence without loss of wages, benefits or other privileges may be granted to the Union negotiating committee members for the attendance at negotiation sessions with the Employer and related Union caucuses. Such leave will require the prior approval of the CEO.

C. Leaves of absence without loss of wages, benefits or other privileges may be granted for attendance at joint labor management meetings. Such leave will require the prior approval of the CEO.

D. Leaves of absence without loss of wages, benefits or other privileges may be granted to Executive Board members for attendance at six Executive Board meetings per year. Such leave will require the prior approval of the CEO. The number of paid attendees and the duration of the meetings shall not exceed past practice.

Section 4. Unpaid Union Leave of Absence

Upon request of the Union, an employee may be granted a leave of absence without pay to perform full-time official duties on behalf of the Union.

Such leave of absence shall be for a period of up to one year and may be extended for one or more additional periods of one year or less at the request of the Union. Advance approval of the CEO is required for all such leaves of absence or extensions thereof.

Section 5. Attendance at Hearings

A. Designated Union officials may be granted leave of absence without loss of wages, benefits or other privileges to attend hearings before the Legislature and State agencies concerning matters of importance to the Union and the Employer. Such leave will require prior approval of the CEO.

B. Witnesses called by the Union to testify at a Step 4 hearing or in an arbitration proceeding (Step 5) may be granted time

off without loss of benefits or other privileges (not including wages).

C. All leave granted under this section shall require prior approval of the CEO.

Section 6. Union Use of Premises

A. The Union shall be permitted to use the same or similar facilities of the University for the transaction of Union business during working hours which have been used in the past for such purpose, and to have reasonable use of the University's facilities during off-duty hours for Union meetings subject to appropriate compensation if required by law. This section shall not be interpreted to grant an employee the right to carry on Union business during his/her own working hours not granted elsewhere in this contract.

B. Unit members shall continue to be permitted access to the same or similar facilities as approved and provided in the past.

C. The Employer shall provide a Union office.

Section 7. Bulletin Boards

The Union may post notices on designated bulletin boards or an adequate part thereof in places and locations where notices are usually posted by the University for employees to read. All notices shall be on Union stationery, signed by an official of the Union, and shall only be used to notify employees of matters pertaining to Union affairs. The notices may remain posted for a reasonable period of time. No material shall be posted which is inflammatory, profane or obscene, or defamatory of the Commonwealth or its representatives, or which constitutes election campaign material for or against any person, organization or faction thereof.

Section 8. Employer Provision of Information

The Employer shall be required to provide the Union with the following information:

1. Every month, a list of all new employees in the bargaining unit and their date of employment and classification.

2. Every month, a list of all unit employees who have been terminated.

3. A list of unit employees who withdrew checkoff authorizations within two months of such withdrawal.

4. Every six months, a list of all unit employees and their title and last date of hire.

5. Every month, a list of all unit employees not on dues or agency fee checkoff and who are off payroll for any reason the week of deduction.

6. Provide the name and change of title for all individuals who received a management review or individual appeal.

7. Every other year, a copy of that portion of the EEO-6 Form or equivalent that covers unit employees.

Where the Employer has been providing this or other information to the Union at more frequent time intervals, the information shall continue to be furnished at such intervals.

Section 9. Orientation

Where the Employer provides an orientation program for new employees, one-half hour shall be allotted to the Union and to the new unit employees during which time a Union representative may discuss the Union with the employees.

ARTICLE 7

NON-DISCRIMINATION AND AFFIRMATIVE ACTION

Section 1.

The parties agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, sexual orientation, sex, age, mental or physical handicap or veteran status.

Section 2.

The parties agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, mental or physical handicap or veteran status, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs. Therefore, the parties acknowledge the need for positive and aggressive affirmative action.

Section 3.

This Article shall be in accordance with all applicable federal and state laws.

ARTICLE 8

FAIR PRACTICES

Section 1.

The Board and/or the Union recognize and affirm their commitment to the policy of non-discrimination with regard to race, color, religious creed, national origin, age, religious affiliation (if any), sex, marital status, handicap status or sexual orientation. The parties agree that no employee shall be subjected to sexual harassment. The terms of this Agreement shall not be applied in an arbitrary or capricious manner.

Section 2.

Nothing contained herein shall be construed to deny or restrict to any unit member rights he/she may have under applicable laws of the Commonwealth of Massachusetts and its regulations or other applicable provisions of state or federal law.

Section 3.

The Union shall represent all persons in the bargaining unit without regard to race, color, religious creed, national origin, age, religious affiliation (if any), sex, marital status, handicap status, sexual orientation or participation in the activities of the Union.

ARTICLE 9

HEALTH PROMOTION PROGRAMS

The Employer and the Union, recognizing that the health of an employee greatly affects the quality of his/her work, shall encourage unit employees to take advantage of any new or existing programs and facilities that will help to maintain their mental and physical well-being. In addition, the Employer will continue to plan programs aimed at serving Union members.

ARTICLE 10

WORKWEEK AND WORK SCHEDULE

Section 1. Definitions

A. Work Assignment - The work assigned to bargaining unit members by their supervisor.

B. Shift - the hours of work of an employee. A second shift commences at 1:00 PM or after and ends no later than 2:00 AM. A third shift commences at 9:00 PM or after and ends no later than 9:00 AM.

C. Work location. The major work areas of the Departments and employees covered by this Contract. The following areas shall constitute work locations for employees covered by this agreement:

D. Transfer. -A movement of an employee between work locations.

1. Physical Plant

a. Custodial Services

Days

Service Area I - Physical Plant

Service Area II - Goodell

Service Area III - Herter Hall

RELIEF TEAM - Physical Plant

Nights

Service Area I - Goodell

Service Area II - Thompson Hall

Service Area III - Knowles

Service Area IV - Western Mass. Public Health - Morrill

RELIEF TEAM - Physical Plant

b. Customer Service and Work Management

c. Utilities

Power Plant Personnel - Power Plant

Mechanical and Electrical Utility Maintenance - Physical Plant

d. Building Maintenance

Central Shops - Physical Plant

Zone 1 - Polymer Research Center

Zone 2 - Physical Plant until Zone Shop Completed

Zone 3 - Boyden Gym

Zone 4 - Physical Plant until Zone Shop Completed

Zone 5 - Physical Plant until Zone Shop Completed

Zone 6 - WEB Dubois Library

e. Alterations

f. Grounds Management

Fleet Services - Physical Plant

Constructive Services - Tilson Farm Coal Siding

Waste Management - Intermediate Processing Facility

Landscape Services

Zone 1 - Dairy Barn West Side of Campus

Zone 2 - Tilson farm

g. Administrative Services

2. Housing Services

Southwest North Residential Area

Southwest South Residential Area

Northeast Sylvan Residential Area

Orchard Hill Central Residential Area

Central Services

3. Auxiliary Services

a. Dining Services

Worcester Dining Common

Hampden Dining Common

Franklin Dining Common

Hampshire Dining Common

Berkshire Dining Common

Snack Bars/Munchies

Athletic Dining Room

Kosher Dining Room

Trade and Maintenance

Loading Docks

Retail Food and Catering

Bakery

b. Campus Center

Trade and Maintenance

Accommodations

Book Store Loading Docks

Campus Center Loading Docks

4. Parking Services

5. Department of Public Safety

6. Office of Information Technology

7. University Health Services

8. Athletics

9. Environmental Health and Safety

10. Transit Services

11. Campus Distribution Services

12. Academic Departments

a. Chemistry

b. Animal Care

c. Engineering

d. Plant and Soil Sciences

In other areas, each division is a work location. New work locations may be created during the term of this agreement upon thirty (30) days notice to the union subject to impact bargaining if requested.

Section 2. Assignment

Management has the right to assign work to those employees who report to each work location. Employees who wish a new or different assignment shall notify their supervisor annually of such interest. Consideration shall be given to such requests in making assignments. In unusual circumstances, employees may have work assigned in other work locations, without notice.

Section 3. Shift Choice

Whenever the Employer determines that a change in the number on a shift is needed or a vacancy arises on a shift due to transfer or promotion, shift choice shall be awarded in order of seniority with first preference for the shift going to the senior employee within the Department. Departments are defined as follows: Physical Plant, Housing Services, Auxiliary Services, Parking Services, Department of Public Safety, Office of Information Technology, University Health Services, Athletics, Environmental Health and Safety, Transit Services, Campus Distribution Services, Academic Departments. No employee shall be involuntarily moved between shifts except for cause and with twelve (12) working days notice except in cases of emergency and otherwise in accordance with Section 6.B.1. These same provisions shall apply to changes in days off.

Section 4. Voluntary Transfer

Employees may apply for voluntary transfer in the same title outside their work location. Employees wishing to transfer to another work location may apply to do so on a form provided by the Employer. The Employee shall deliver that form to the department head of the work location. Such forms shall be retained to the end of the calendar year following their delivery. Applications for transfer shall be considered prior to the posting of vacancies. Applications for voluntary transfers shall be considered in order of campus seniority. Where practicable, the employee with greater seniority shall be assigned to the position. Campus seniority shall be subject to bypass for just cause and reasons for denial, if requested, shall be given in writing. Voluntary transfers may not be used during the employee's probationary period pursuant to Article 27. Following a voluntary transfer or appointment an employee cannot apply for a transfer for six calendar months.

Section 5. Involuntary Transfer

A. An involuntary transfer, made to adjust the number of employees on shifts or due to changes in workload, volunteers will be sought first. If there are no volunteers, such transfers shall be made in reverse order of seniority and otherwise in accordance with Section 6.B.1. Employees who are involuntarily transferred in this way shall file a voluntary transfer form with the department head in order to preserve their right of return to their original location in priority over others regardless of seniority.

B. Where the operational or personnel needs are best served in management's determination by the transfer of a specific employee from one work location to another within a department such transfer may be made for cause.

Section 6. Scheduled Hours, Workweek, Workday

A. Except as otherwise specified in this Agreement, the regular hours of work for full-time employees shall be forty (40) hours per week including meal periods as has been established for that job title at the particular job location. The employees shall take their meal break at the work site and be on call at all times during the meal break.

B. When the CEO desires to change the regular work schedule of an employee, the affected employee shall receive at least twelve (12) working day's written notice of such contemplated change, except in cases of emergency involving the protection of the property of the Employer or involving the health and safety of those persons whose care and/or custody have been entrusted to the Employer. The work schedule of an employee shall not be changed to avoid the payment of overtime of five days or less.

1. Where practicable, assignments in shift, days off, or work location with no change in job title and no change in grade, shall be filled by qualified volunteers in order of seniority. If there are no volunteers, assignments shall be made in inverse order of seniority with the affected employee having priority to return to the original shift, days off, or work location.

2. The work schedule, both starting times and quitting times, of employees shall be posted at least ten (10) working days in advance on a bulletin board at each work location and also made available to employees and Union stewards.

C. To the extent practicable, the normal work week shall consist of five (5) consecutive days, Monday through Friday, with the regular hours of work each day to be consecutive except for meal periods. Similarly, to the extent practicable, employees in continuous operations shall receive two (2) consecutive days off in each seven (7) day period. This sub-section shall not apply to employees in authorized flexible hours programs. The starting and quitting time for each employee shall be uniform and consistent unless changed in accordance with the provisions of this Article. Regularly scheduled work shifts shall have at least sixteen (16) hours between quitting and starting time.

D. Each employee shall be required to record his attendance in accordance with procedures, which may be established in writing from time to time by the CEO. Thirty (30) days prior to any change in the existing method of recording attendance the CEO will notify the Union of such change and will meet and confer with the Union to discuss such change.

E. Employees wishing to swap their days off in a given week may do so by mutual agreement of the employees involved with the consent of their supervisor and the approval of the University Personnel Officer or designee.

F. In the event an employee reports to his/her place of work at his/her regularly scheduled time, he/she shall not be sent home if his/her tour of duty was rescheduled without a ten (10) day notice; he/she shall be allowed to work the regularly scheduled tour of duty.

G. In order to provide flexible staffing to address the changes in staffing needs a floating pool will be created effective July 1, 2001 in Dining Services. A reasonable number of employees constituting a selection of titles needed to provide staffing support shall constitute the floating pool. Members of the floating pool will be chosen as follows. First, volunteers will be sought. Second, employees hired into the Dining Services after July 1, 2001 may be assigned to the floating pool. If the employer determines that insufficient number of employees have volunteered or been hired after meeting with the Union to discuses the appropriate level of staffing for this float pool, employees may be assigned in reverse order of seniority to the float pool.

Section 7. Overtime

A. An employee shall be compensated at the rate of time and one-half his/her regular rate of pay for authorized overtime work performed in excess of eight (8) hours per day or forty (40) hours per week.

B. An employee whose regular workweek is less than forty hours shall be compensated at his/her regular rate for authorized overtime work performed up to forty (40) hours per week that is in excess of his/her regular workweek.

C. An employee shall be compensated at the rate of time and one-half his/her regular hourly rate of eight (8) hours in his/her regular workday except that an employee whose regular workday is more than eight (8) hours shall be compensated at the rate of time and one-half his/her regular hourly rate of pay for authorized overtime work performed in excess of his/her regular workday. Compensatory time off, computed at time and one-half in lieu of overtime compensation may be authorized by the CEO upon request of the employee.

D. The CEO shall not, for the purpose of avoiding overtime, curtail or modify the scheduled hours of an employee during the remainder of the work week in which the employee has previously worked hours beyond his/her normally scheduled workday.

E. With the exception of paid sick leave, all time for which a unit member is on paid leave status shall be considered time worked for the purpose of calculating overtime compensation. However, this paragraph will not be implemented until a UMass/Amherst/AFSCME Local 1776 labor-management committee develops guidelines.

F. There shall be no duplication or pyramiding of the premium pay for overtime work provided for in this Agreement.

G. Overtime shall be distributed as equitably and impartially as practicable among employees in each work location who ordinarily perform such work in the normal course of their workweek. Department heads and Union representatives at each location shall work out procedures for implementing this policy of distributing overtime work. Such policies shall be approved by the CEO.

H. The CEO shall make every effort to send out checks for overtime work no later than the first payroll period following the payroll period of the overtime work, but in no event later than the second payroll period thereafter. The parties recognize that implementation of a bi-weekly payroll in 2002 makes timely submission of overtime data even more crucial to avoid delays in payment of overtime. Human Resources will make every reasonable effort to pay reported overtime in the next feasible payroll and to fully inform departments of their obligation to report overtime in the week it is earned to permit payment.

I. Overtime worked by members of the bargaining unit shall, on a monthly basis, be posted or made publicly available, and provided to the Union's appropriate Chapter Chair.

J. An employee may not refuse to perform compulsory overtime except for reasons acceptable to the CEO when it is determined by the CEO that the work must be performed on an overtime period or involves the protection of persons or property of the Employer. Prior to invoking compulsory overtime, if safety and security permits, the CEO will solicit volunteers using the procedures developed by the Employer in Part G of this Section. If volunteers are not available, the CEO will order in an employee to perform such work in the order of inverse seniority. Failure on the part of an employee to work an overtime assignment as described above without such reason shall be wrongful and may result in the imposition of disciplinary measures.

K. The provisions of this Section shall not apply to employees on full travel status.

L. For each three and one-half (3 1/2) hours of overtime an employee shall be entitled to a one-half (1/2)hour paid time or meal break.

Section 8. Regular Meals

A meal period shall be scheduled as close to the middle of the shift as possible considering the needs of the Employer and the needs of the employee.

Section 9. Rest Periods

Rest period of a maximum of fifteen (15) minutes shall be given to employees in each one-half (1/2) tour of duty.

Section 10. Call-Back

An employee who has left his/her place of employment after having completed work on his/her regular tour of duty and is called back to work prior to the commencement of his/her next scheduled tour of duty shall receive a minimum of four (4) hours pay at his/her regular hourly overtime rate. This section shall not apply to any employee who is called in to start his/her shift early and who continues to work that shift.

Section 11. Stand By

A. An employee who is ordered by the department head to be available on a stand-by basis to report to duty when necessary shall be reimbursed at a rate not to exceed twenty dollars ($20.00) for such stand-by period.

B. The stand-by period shall be fifteen (15) hours in duration for any night stand-by duty and shall be nine (9) hours in duration for any daytime stand-by.

C. Stand-by duty shall mean that a department head has ordered any employee to be immediately available for duty upon receipt of a message to report to work.

D. Employees hired into or appointed into trades after July 26, 2001 may be assigned to stand-by on a weekly basis for a compensation of $175.00 per week. The employer will inform employees who are subject to such assignment of that possibility during the hiring process. In addition, employees may volunteer for such standby assignment and volunteers will be assigned standby as needed. There will be a labor-management committee at the Physical Plant to discuss and provide input to management in making the determination of the reasonable numbers of employees for standby rotation on a weekly basis in those work areas where such assignments are made.

Section 12. Shift Differential.

A. Employees of the Commonwealth rendering service on a second or third shift as defined in Section 1.B. shall receive a shift differential of seventy-five cents per hour ($.75) for each hour worked.

B. The above hourly shift differential shall be paid in addition to regular salary for eligible employees when their entire workday is on a second or third shift. Eligible employees who are required to work a second or third shift or any portion thereof on an overtime basis replacing a worker who normally works such second or third shift will receive an hourly differential pursuant to paragraph A of this section.

C. Bakers who are regularly scheduled to work between 4:00 a.m.-12:00 noon, shall be eligible for shift differential.

D. For Employees who are required to work a second or third shift as governed by paragraph B of this Section, overtime shall be compensated at the rate of time and one half of the regular salary rate and the shift differential for the number of hours in excess of forty (40) hours per week worked on such second or third shift.

Section 13. Weekend Differential

A. Employees rendering service on a weekend shift as hereinafter defined shall receive a weekend differential of fifty cents ($.50) per hour for each hour worked, provided, however, that no employee shall receive said weekend differential for more than one (1) shift per weekend.

B. For the purposes of this Section, a weekend shift shall be defined as a shift that commences on or after 11:00 pm on Friday and concludes on or before 12:01 am on Monday.

C. The above weekend differential shall be paid in addition to regular salary for eligible employees when their entire workday is on a weekend shift.

Section 14. Paid Detail

Paid details are addressed in the Supplemental Agreement Regarding Campus Security.

Section 15. Clean-Up

Employees working in jobs which are especially dirty or which require clean-up for reasons of safety or health shall be granted up to a maximum of ten (10) minutes, depending on the need, to be used as personal clean-up time prior to meal period and at the end of a work shift.

Section 16.

Those employees whose 1980-1983 collective bargaining agreement includes the following items on the date of the signing of this Agreement shall continue to retain these provisions through the term of this Agreement:

A. An employee shall normally be assigned duties by his/her regular supervisor.

B. Each employee shall have access to all materials, equipment, foods, work areas and telephones necessary to perform duties and as required to take care of emergency situations.

C. The Employer shall enter into full discussion with the Union prior to engaging in on-the-job time-study projects.

D. The Employer shall endeavor to supply each employee with adequate locker facilities convenient to his/her work area.

E. Weekly paychecks shall be made available to employees as early as possible on Fridays, or before.

F. No managerial employee, as defined by the Massachusetts Public Employee Collective Bargaining Law (Chapter 150E), who is excluded from the terms of this Agreement, shall perform the work of any employee covered by this Agreement, except in the case of an emergency, excessive absence of employees from work, lack of an adequate number of employees or for the purpose of providing instruction or training of employees.

Section 17.

A. In the event that classes and other activities are cancelled due to adverse weather or hazardous conditions (those which adversely affect the health and safety of employees in the University environment) only personnel designated as essential will be required to work.

B. Employees designated as essential may be required by the CEO to work during a weather or other emergency. Such employees who are employed for fewer than fifty-two weeks per year may be awarded compensatory time at the rate of one hour of compensatory time for each hour worked in addition to their regular pay.

C. Any employee who is not at work due to authorized vacation, sick or personal leave will not be granted excused time for the delayed opening, early closing. or cancellation in place of vacation, sick or personal leave.

ARTICLE 11

LEAVE

Section 1. Sick Leave

A. A full-time employee shall accumulate sick leave with pay credits at the rate of one and one-quarter workdays for each full payroll month of employment for a total of fifteen (15) days per year. An employee on any leave with pay or industrial accident leave shall accumulate sick leave credits.

B. A regular part-time employee shall accumulate sick leave credits in the same proportion that his/her part-time service bears to full-time service.

C. Sick leave shall be granted at the discretion of the CEO and shall not be unreasonably denied to an employee only under the following circumstances:

1. When an employee cannot perform his/her duties because he or she is incapacitated by personal illness or injury;

2. When the spouse, domestic partner, child or parent of either an employee or his/her spouse, or a relative living in the immediate household of an employee, is ill, the employee may utilize sick leave credits up to a maximum of sixty (60) days per fiscal year except in cases of demonstrated medical emergency or life threatening/terminal illness the sixty (60) day maximum may be waived by the CEO or designee.

3. When through exposure to contagious disease, the presence of the employee at his/her work location would jeopardize the health of others; an4. To keep appointments with health care professionals. In such instances the normal requirement of advance notice will be at least five (5) working days. However, the parties recognize that an unforeseen complication may arise from a regularly scheduled appointment with such a health care professional.

D. A full-time employee shall not accrue sick leave credits for any month in which he/she was on leave without pay or absence without pay for a total of more than one (1) day.

E. Where the Employer has reason to believe that sick leave is being abused; the Employer may require satisfactory medical evidence from the employee. This request shall be reduced to writing and shall cite specific reasons for the request. When medical evidence is requested, such request shall be made as promptly as possible. To the extent practicable, the employee shall receive prior notice that the Employer believes he/she is abusing sick leave and that he/she may be required to produce medical evidence for future use of sick leave.

1. Satisfactory medical evidence shall consist of a signed statement by a licensed Physician, Physician's Assistant, Nurse Practitioner, Chiropractor or Dentist that he/she has personally examined the employee and shall contain the general nature of the illness or injury, a statement that the employee was unable to perform his or her duties due to the specific illness or injury on the days in question; and the prognosis for employee's return to work. In cases where the employee is absent due to a family or household illness or injury, satisfactory medical evidence shall consist of a signed statement by medical personnel mentioned above indicating that the person in question has been determined to be seriously ill and needing care on the days in question.

2. A medical statement provided pursuant to this Article shall be on the letterhead of the attending physician or medical provider as mentioned above, and shall list an address and telephone number. Failure to produce such evidence within seven (7) days of its request may result at the discretion of the Appointing Authority, in denial of sick leave for the period of absence.

3. If an employee's physician identifies an illness or injury as being confidential and the Employer challenges that determination the issue shall be submitted to the Medical Director of the University Health Service. The employee's physician shall submit to the Medical Director a description of the illness or injury, which the Medical Director shall review and determine if it is appropriately confidential. The Medical Director will notify the supervisor and employee only of the determination of whether the claim of confidentiality is appropriate and destroy the medical note. The determination of the Medical Director shall not be subject to grievance and arbitration under this Agreement.

4. Any inappropriate use of sick leave may be recorded as unauthorized leave without pay and may result in discipline.

F. The CEO may require that an employee be examined by a physician of the employee's choosing and at the employee's expense, following absence by reason of illness or injury for more than ten (10) consecutive working days. The sole purpose of such examination shall be to determine the employee's fitness to return to his/her regularly assigned duties. An employee absent by reason of illness or injury for more than ten (10) consecutive working days shall provide the CEO with reasonable notice of his/her intent to return

G. Any employee having no sick leave credits, who is absent due to illness, shall be placed, unless otherwise notified by the employee, on personal leave; if no personal leave credits, then on vacation leave. If no sick leave credits or other accumulated leave credits are available, the employee shall be placed on an unpaid leave of absence. Such leave shall be charged on the same basis as provided in subsection G.

H. An employee who is reinstated or re-employed after an absence of less than three (3) years shall be credited with his/her sick leave credits at the termination of his/her prior employment. An employee who is reinstated or re-employed after a period of three (3) years or more shall receive prior sick leave credits, if approved by the CEO, where such absence was caused by:

1. Illness of said employee;

2. Dismissal through no fault or delinquency attributable solely to said employee; or

3. Injury while in the employment of the Employer in the line of duty, and for which said employee would be entitled to receive Workers' Compensation benefits.

A person whose employment by the Commonwealth is uninterrupted shall retain all accrued sick leave credits. Sick leave earned in towns, cities, counties, districts, the federal government, etc. shall not be transferred to state service.

I. A regular part-time employee shall not accrue sick leave credits for any payroll month in which he/she was on leave without pay or absence without pay in the same proportion that his/her service bears to one (1) day of service of a full-time employee.

J. Notification of absences under this Article must be given to the designated representative of the CEO at least one hour prior to the beginning of the scheduled tour of duty. If such notification is not made, such absence may, at the discretion of the CEO be applied to absence without pay. In circumstances beyond the control of the employee such notification shall be made as early as possible on the day of absence. Within ninety (90) days after execution of this Agreement, and upon any change in the method of reporting during the term of the Agreement, the University Personnel Officer shall notify each employee of the method by which such employee shall report such absence.

K. No employee shall be entitled to sick leave under the provisions of this Article in excess of the accumulated sick leave credits due such employee, excluding any extended Sick Leave provisions.

L. Employees whose service with the Employer is terminated shall not be entitled to any compensation in lieu of accumulated sick leave credits. Employees who retire shall be paid twenty (20) percent of the value of their unused accrued sick leave at the time of their retirement. It is understood that any such payment will not change the employee's pension benefits.

M. Sick leave credits earned by an employee following a return to duty after a leave without pay or absence without pay shall not be applied to such period of time.

N. An employee who, while in the performance of his/her duty, receives bodily injuries resulting from acts of violence, and who, as a result of such injury, would be entitled to benefits under Chapter 152 of the General Laws, shall, if entitled under Chapter 30, Section 58 of the General Laws, be paid the difference between the weekly cash benefits to which he/she would be entitled under said Chapter 152 and his/her regular salary without such absence being charged against available sick leave credits, even if such absence may be for less than six (6) calendar days.

O. The University may require a bargaining unit member to report to a health care provider named by the Employer in the following circumstances:

Where the Employer reasonably needs a medical examination to determine the employee's current fitness for work.

There is an issue about the employee's ability to perform some or all of the functions of the job they are employed in and the employer reasonably needs a medical examination to determine if the employee can perform that function or what reasonable accommodation must be made.

An employee reporting for such examination shall cooperate with the health care provider conducting the exam and provide needed medical records to enable the examiner to review the condition at issue. All such examination shall be held under the following conditions:

1. The unit member shall receive written notice of the proposed examination at least ten (10) days in advance of their report time. Such notice shall give information about the reason(s) for the examination and of what health records the employee should try to bring with them. The employee receiving such a notice may supply to the administrator issuing the medical information which, if reasonably found by that administrator to be sufficient to assure them of the fitness of work of the employee, shall result in cancellation of the examination.

2. The actual time going to and from and participating in the exam shall be paid at the employee's applicable rate for those hours.

3. The manager or administrator responsible for directing the MBU and one of the following administrators, the Assistant Vice Chancellor for Human Resources, Personnel Administrator, Labor Relations Administrator or Deputy Provost for Faculty Relations or their successor in title have approved the directive in writing.

4. This language shall become effective on January 1, 2002. The Union and The University agree to meet and discuss issues involving the application of this language to persons determined to be covered by the American's with Disabilities Act prior to such implementation. The referral to and examination of an employee by a medical provider does not constitute a waiver of that employees right to challenge any action by the employer arising from such examination in any forum, which is otherwise available to the employee.

P. Sick Leave Bank and Sick Leave Cash-In.

1. A bargaining unit member may voluntarily elect to join a Sick Leave Bank, providing that overall twenty per cent (20%) of unit members so elect.

2. Any member who chooses to join shall, effective January 1, earn one sick day per month. The three days difference in annual full-time sick leave accrual between 12 days for Bank members and 15 for those not in the Bank shall be, as of January 1, distributed in the following manner:

a. two (2) days shall be contributed to the Sick Leave Bank;

b. one (1) day shall be converted into an additional personal leave day (for a total of four personal leave days) to be used in accordance with section 2 of Article 11.

3. An employee wishing to join the Sick Leave Bank shall so elect by November 1 for each succeeding calendar year.

4. The Sick Leave Bank shall be governed by a Board consisting of two (2) members appointed by AFSCME Local 1776, two (2) members appointed by the CEO, and a Chair designated by the other four members, who shall vote only in the event of a tie.

5. The Board shall develop guidelines for the operation of the Sick Leave Bank by November 1, 1996. Such guidelines shall include special considerations that may apply to 35 week and part-time employees.

6. Before drawing days from the Sick Leave Bank, an employee must use up all accrued sick leave, personal leave and all but ten (10) days of vacation leave.

7. An employee must have been absent from work for at least ten (10) working days (with or without using accrued time) prior to drawing from the sick leave bank.

8. Employees who elect to join the Sick Leave Bank shall also be eligible, if they so choose, to cash in their annual unused sick leave credits, effective January 1, 1998 and each January 1 thereafter, up to a maximum of six (6) days at 50% of their value as outlined in the table below:

Sick Leave Used Sick Leave Cashed-In Cash-In Value

0 days 6 days 3 days

1 days 5 days 2.5 days

2 days 4 days 2 days

3 days 3 days 1.5 days

4 days 2 days 1 days

5 days 1 days 0.5 days

6 days 0 days 0 days

In order to exercise this option an employee must cash in all sick days that are earned and accrued during the previous twelve (12) months in excess of six (6) days.

The decision to cash in sick time must be made by the employee by November 1,1997 and each November 1 thereafter. Sick days cashed in shall be deducted from the employee's sick leave balance.

Section 2. Paid Personal Leave

A. On the first payroll day of the first payroll week of the new fiscal year, full time employees will be credited annually with three (3) paid personal leave days which must be taken during the following twelve (12) months, at a time or times requested by the employee and approved by the CEO, provided that such request complies with prior existing contractual language. Any paid personal leave not taken by the last day of the last payroll week of a fiscal year will be forfeited by the employee. Personal leave days for regular part-time employees will be granted on a pro-rata basis. Personal may be used in conjunction with vacation leave. Full-time employees hired into the bargaining unit from off campus or from an un-benefited position on campus on or after the beginning of each fiscal year will be credited with personal leave days in accordance with the following schedule:

Date of hire into unit Personal leave days credited

Beginning of Fiscal Year to September 30 3

October 1 to December 31 2

January 1 to March 31 1

April 1 to End of Fiscal Year 0

B. An employee who is promoted or transferred into the bargaining unit from a benefited position on campus shall transfer with them the amount of personal days they had prior to the transfer and shall not receive any additional days.

C. In the event a part-time employee moves to full-time status, he/she shall be credited with the amounts above based upon date of entry into full-time status minus the time already credited for that fiscal year.

Section 3. Bereavement Leave

Upon evidence, satisfactory to the CEO, of the death of a spouse, domestic partner, child, parent, brother, sister, grandparent, or grandchild of an employee, or parent of spouse, or person living in the immediate household, an employee shall be entitled to leave, without loss of pay, for a maximum of four (4) consecutive working days. In the event of the death of an employee's son-in-law or daughter-in-law or of the spouse's or domestic partner's brother, sister, grandparent or grandchild, a maximum of two (2) consecutive working days shall be available for use by an employee.

In the event that the internment of, or memorial service for, any of the above-named relatives is to occur at a time beyond the bereavement leave granted, the employee may request to defer one of the days to the later date. Such request shall be made at the time of notification to the CEO of the death of one of the above-named relatives, and shall not be unreasonably denied.

Section 4. Voting Leave

An employee whose hours of work preclude him/her from voting in a town, city, state or national election shall upon application, be granted a voting leave with pay, not to exceed two (2) hours, for the sole purpose of voting in the election.

Section 5. Civic Duty Leave

A. Employees summoned for jury duty will be granted a leave of absence with pay for time lost from their regular work schedule while on said jury duty upon presentation of the appropriate summons to the department head by the employee.

B. An employee who receives jury duty fees for jury service upon presentation of the appropriate court certificate of service shall either:

1. retain such jury fees in lieu of pay for the period of jury service if the jury fees exceed his/her regular rate of compensation for the period involved; or

2. remit to the Employer the jury fees if less than his/her regular rate of compensation for the period involved.

C. Jury fees, for the purpose of this Article, shall be the per diem rate paid for jury duty by the Court, not including the expenses reimbursed for travel, meals, rooms or incidentals.

D. An employee summoned as a witness in court on behalf of the Commonwealth, or any town, city or county of the Commonwealth (including on behalf of District Attorneys) or on behalf of the Federal Government, shall be granted court leave with pay upon filing of the appropriate notice of service with his/her department head except that this Section shall not apply to an employee who is also in the employ of any town, city or county of the Commonwealth or in the employ of the Federal Government or any private employer and who is summoned on a matter arising from that employment.

E. All fees for court service except jury fees paid for service rendered during office hours must be paid to the Commonwealth. Any fees paid to an employee for court services performed during a vacation period may be retained by the employee. The employee shall retain expenses paid for travel, meals, rooms, etc.

F. An employee on court leave who has been excused by the proper court authority shall report to his/her official duty station if such interruption in court services will permit four or more consecutive hours of employment. Court leave shall not affect any employment rights of the individual.

G. No court leave shall be granted when the employee is the defendant or is engaged in personal litigation, unless such litigation arises out of the legitimate performance of his/her assigned responsibilities.

Section 6. Military Leave

A. An employee shall be entitled, during the time of his/her service in the Armed Forces of the Commonwealth, under Section 38, 40, 41, 42, or 60 of C.33 of the General Laws, to receive pay therefore, without loss of his/her ordinary remuneration as an employee.

B. An employee shall be entitled, during his/her annual tour of duty of not exceeding seventeen (17) days as a member of a reserve component of the Armed Forces of the United States, to receive pay therefore, without loss of his/her ordinary remuneration as an employee under Section 59 of C.33, General Laws as amended.

C. An employee who is a member of a reserve component of the Armed Forces of the United States and who is called for duty other than the annual tour of duty of not exceeding seventeen (17) days shall be subject to the provisions of Chapter 708 of the Acts of 1941 as amended, or of Chapter 805 of the Acts of 1950 as amended, or Chapter 671 of the Acts of 1966, and amendments thereto.

D. In accordance with Chapter 708 of the Acts of 1941, as amended, an employee who, on or after January first, nineteen hundred and forty, shall have tendered his/her resignation or otherwise terminated his/her service for the purpose of serving in the military or naval forces of the United States who does serve or was or shall be rejected for such service, except as otherwise provided by Chapter 708 of the Acts of 1941, as amended, be deemed to be or to have been on military leave, and no such person shall be deemed to have resigned from the service of the Commonwealth or to have terminated such service until the expiration of two (2) years from the termination of said military or naval service by him/her.

Section 7. Maternity and Adoptive Leave.

A. A full-time employee who has completed the probationary period, or, if there is no such probationary period, has been employed for at least three (3) consecutive months, and who is absent from employment with the Employer for a period not exceeding eight weeks for the purpose of giving birth or adopting a child, shall be granted a maternity leave without pay if the request for such leave is made to the CEO at least two (2) weeks in advance of the anticipated date of departure. If an employee has accrued sick leave or vacation credits at the commencement of the maternity or adoptive leave, the employee may use such leave credits for which he/she may be eligible under the sick leave or vacation provisions of this Agreement.

B. At the expiration of the maternity or adoptive leave, the employee will be restored to his/her previous position or similar position with the same status, pay and length of service credit as of the date of his/her leave. If during the period of the leave, employees in the same or similar position in the department have been laid off through no fault of their own, the employee will be extended the same rights and benefits, if any, extended to employees of equal length of service in the same or similar position in the department.

C. Notwithstanding any other provisions of this Agreement to the contrary, the maternity or adoptive leave granted under this Article shall not affect the employee's right to receive any contractual benefits for which he/she was eligible at the time of her leave. Upon the expiration of a maternity or adoptive leave, an additional eight (8) weeks leave may be granted at the discretion of the CEO. The leave shall be unpaid unless the employee chooses to use any accrued vacation, personal leave or compensatory time to cover this period of absence. The period of such unpaid leave shall not be included in any computation of contractual benefits, rights, or advantages. Not later than two (2) weeks prior to the expiration of the eight-week maternity or adoptive leave, an employee may request a return to work at reduced time. If approved by the CEO, said employee will accrue benefits in the same proportion that such part-time service bears to full-time service.

D. An employee on maternity or adoptive leave may have his/her group health insurance benefits continued for the period of time the employee is absent on such leave. The employee, while on leave, is required to pay the same monthly premium he/she would have paid had such leave not been taken.

E. During the first ten (10) days of maternity leave, birth of a baby leave, adoptive leave, or foster care leave, the employee shall receive his/her regular salary. When an eligible full-time of part-time employee and his/her eligible spouse are both employees of the University, they shall jointly be entitled to a combined total of not more than ten (10) days paid, per instance, under this provision.

Section 8. Parental Leave

Upon written application to the CEO, including a statement of any reasons, any employee who has completed any applicable probation period and who has been employed at least three (3) consecutive months, and who has given at least two (2) weeks prior notice of his/her anticipated date of departure and who has given notice of his/her intention to return, may be granted parental or adoptive leave for a period not exceeding six (6) months. Such leave shall be without pay for such period. The purpose for which an employee may submit his/her application for such unpaid leave shall be limited to the need to care for, or to make arrangement for care of, a minor dependent child of the employee, whether or not the child is the natural, adopted or stepchild of such employee.

An employee who requests and is granted parental leave for the purpose of caring for the employee's minor dependent child under three years of age, may have his/her group health insurance benefits continued for a period of ten (10) weeks while the employee is absent on such leave. The employee, while on leave, is required to pay the same monthly premiums as she/he would have paid had such leave not been taken.

Section 9. Family Leave.

A. Upon written application to the CEO, including a statement of any reasons, any employee who has completed his/her probationary period, or, if there is no probationary period, who has been employed at least three (3) consecutive months, who has given at least two (2) weeks prior notice of his/her anticipated date of departure and who has given notice of his/her intention to return, may be granted Family Leave for a period not exceeding twelve (12) weeks. Such leave shall be without pay or benefits for such period. The CEO may, in his/her discretion, assign an employee to back fill for an employee who is on Family Leave. Such assignment may not be subject to the grievance procedure. The purpose for which an employee may submit his/her application for such unpaid leave shall be limited to the need to care for, or to make arrangements for the care of, the employee's spouse, domestic partner, parent, grandparent, grandchild or relative living in the same household.

B. Ten (10) days of family leave may be taken in not less than one-day increments. However, such leave requires the prior approval of the CEO.

C. If an employee has accrued sick leave, personal leave, or vacation leave credits at the commencement of his/her family leave, that employee may use such leave credits for which she/he may be eligible under the sick leave, personal leave or vacation leave provisions of this Article.

D. Between periods of family leave, where an employee returns to the payroll for a period of less than two weeks, when a holiday falls during that time, no holiday pay or compensatory time shall be granted for such holiday.

Section 10. Unpaid Personal Leave.

Unpaid personal leave, other than herein before specified, may be granted by the CEO, upon the written request of the employee, at least thirty (30) days in advance. Approval may not be unreasonably denied.

Retirement, seniority, sick leave, vacation credit and time accrual for step increase shall not accrue during the term of such leave.

Section 11.

Leave of absence without pay may be granted to a unit member or members who are delegates to state or national conventions of fraternal and/or civic organizations. Leaves of absence with pay may be granted to a unit member to participate as an Honor Guard in Funerals of Deceased Veterans.

Section 12.

Leave of absence without pay may be granted to unit members who are Civil Defense Officers for the purpose of participating in local, state-sponsored and federal seminars and programs designed to improve his/her knowledge and understanding of Civil Defense.

Section 13.

Leave of absence with pay may be granted for the purpose of donating blood, not to exceed two (2) hours.

Section 14. Family and Medical Leave Act

The parties agree that they are governed by the provisions of the Family and Medical Leave Act and where those provisions are more generous than the contract the Family and Medical Leave Act will prevail.

ARTICLE 12

EXTENSION OF SICK LEAVE

Section 1.

Five (5) working days after a unit member has exhausted all of his/her sick leave, vacation leave, and personal leave, he/she shall be eligible for an extension of sick leave; provided that such unit member has been employed a minimum of twelve (12) consecutive months (or twelve (12) months for those subject to a periodic layoff) prior to the commencement of such extension of sick leave.

In anticipation of the exhaustion of all paid leave, a unit member shall forward a request to the CEO on the form entitled Request for Extension of Sick Leave. He/she shall act upon such request and forward the decision in writing to both the unit member and the appropriate union official of the member's unit within ten (10) days of receipt. The approval of such request will be effective at the beginning of the sixth (6th) day of unpaid leave. The granting of an extension of sick leave shall be subject to the sole discretion of the CEO.

All requests for an extension of such leave shall be given due consideration and shall not be grievable.

Such extensions shall be available only for illness of the unit member and not for illness of his/her immediate family. Further, an employee on an industrial accident leave shall not be eligible for an extension of sick leave.

Section 2.

Extensions may be available for a period of up to sixty (60) days annually beginning on the date of the first extension. Unit members, having been granted an extension of sick leave, shall be required to submit a physician's statement after each twenty (20) calendar days of granted leave.

Notwithstanding the above, in extraordinary circumstances, and in accordance with the terms and conditions governing the application and granting of leaves as such are set forth in Section 1 of this Article, a unit member may be granted an additional fifteen (15) days of extension of sick leave during the twelve (12) month period commencing upon the granting of the first such extension. Such additional extension of sick leave may commence immediately upon the conclusion of an earlier extension of sick leave or may be granted at any time during the remainder of the applicable twelve (12) month annual period. A unit member need not serve a period of unpaid leave prior to being eligible for this fifteen (15) days additional extension of sick leave.

Section 3.

Understanding that the health and welfare of unit members is of mutual concern, the CEO of the Campus, in evaluating a request, shall consider the following:

Cost: Consideration shall be given to the projected cost incurred to implement the request, including the temporary filling of the position, if necessary.

History of sick leave usage: Consideration shall be given to the previous use and/or abuse of leave benefits. Input must be sought from the employee's supervisor(s) and pertinent attendance or personnel records.

Length of request: The provision is not intended to provide for long term or permanent disabilities. There should be a reasonable expectation of return to full-time duties as evidenced by a physician's statement.

Section 4.

During the period of an extension of sick leave, an employee shall not be entitled to accrual of vacation or sick leave as provided for in Articles 10 and 12 of this Agreement.

ARTICLE 13

VACATIONS

Section 1.

A. Beginning at the end of the first full payroll month (hereinafter in this Article "month") of employment, vacation leave with pay shall be credited to full-time employees at the end of each payroll month of employment, as follows:

Length of continuous full-time

creditable service of each

applicable month. Vacation Leave Accrued

Less than fifty-four (54) months 5/6 day per month

(Less than 4 1/2 years). (total of 10 days per yr.)

Fifty-four (54) months, but less than 1 1/4 days per month

one hundred fourteen (114) months (total of 15 days per yr.)

(4 1/2 - 9 1/2 years).

One hundred fourteen (114) months, 1 2/3 days per month

but less than two hundred thirty- four (total of 20 days per yr.)

(234) months (9 1/2 - 19 1/2 years).

Two hundred thirty-four (234) months 2 1/12 days per month

or more (19 1/2 or more years). (total of 25 days per yr.)

B. For determining vacation status under this Article, "creditable service" shall be used. All service beginning on the first working day of the first full payroll month, and all service thereafter becomes "creditable service" provided there has not been any break of three (3) years or more in such service as referred to in Section 12 of this Article. In computing an employee's vacation status, all "creditable service" from the first working day up to the end of each full payroll month of service rendered shall constitute the "creditable service" which shall be used to establish vacation credits for such month. Anything in the foregoing to the contrary notwithstanding, an employee shall, on the effective date of this Agreement, be deemed to have that "creditable service," if any, which he/she had at the termination of the predecessor Agreement.

Section 2.

A regular part-time employee shall be granted vacation leave in the same proportion that his/her part-time service bears to full-time service.

Section 3.

Vacation leave accrued during any payroll month shall be credited on the last day of the payroll month based on the employee's full-time equivalent status on that date and shall be available for use the following day.

Section 4.

A full-time employee on leave without pay and/or absent without pay for two (2) or more cumulative days in any month shall not accrue vacation leave for such month. Such month shall not be deemed to be "creditable service."

Section 5.

A regular part-time employee who is absent without pay and/or on leave without pay for that number of hours that his/her service bears to the service of a full-time employee as described in Section 4, shall not accrue vacation leave for such month. Such month shall not be deemed to be "creditable service."

Section 6.

An employee who is reinstated or re-employed after less than three (3) years shall have his/her prior service included in determining his/her continuous service for vacation purposes.

Section 7.

An employee may request vacation leave when it becomes available. Vacation leave requests shall be granted unless in the CEO's opinion it is impossible or impracticable to do so because of work schedules or emergencies. The CEO shall make reasonable efforts to insure that an employee, having requested vacation leave, is granted such leave in order to prevent the loss of earned vacation credits.

An employee wishing to exercise his/her seniority for vacation preference must apply in writing not more than sixty (60) calendar days nor less than forty-five (45) calendar days in advance of the first day requested. (An employee wishing to file such request earlier than sixty (60) days prior to the first day requested may do so but preference will be determined as of the 45th day in advance of the first day requested.) The CEO shall respond to this request in writing, indicating whether it can reasonably schedule such vacation, at least thirty (30) calendar days in advance of the first day requested.

When vacation requests are submitted less than forty-five (45) calendar days in advance such requests shall be processed in the order in which they are received without regard to seniority. Responses shall be given to unit members in writing within seven (7) calendar days of receipt of such request.

Effective January 1, 1991, no employee shall carry more than sixty-four (64) days of vacation leave credit.

An employee who has available unused vacation leave, and who because of the provisions of Section 7 of this Article would lose such vacation leave, shall have such leave converted to sick leave on the last day of the month in which vacation would be lost if not taken.

Section 8.

Absences on account of sickness in excess of the authorized sick leave provided in this Agreement (or for personal reasons not provided for under said sick leave provisions) may be charged, unless otherwise notified by the employee, to personal leave, if any, then to vacation leave, if any.

Section 9.

Charges to vacation leave credit may be allowed in units of one-half (1/2) hour.

Section 10.

Upon the death of an employee who is eligible for vacation under this Agreement payment shall be made in an amount equal to the vacation leave which had been accrued prior to the employee's death but which had not been used by the employee up to the time of his/her separation from payroll, provided that no monetary or other allowance has already been made therefore. The CEO shall authorize payment of such compensation upon the establishment of a valid claim therefore, in the following order of precedence:

First: To the surviving beneficiary, or beneficiaries, if any, lawfully designated by the person under the State Employees' Retirement System;

Second: If there be no such designated beneficiary, to the estate of the deceased.

Section 11.

An employee who is eligible for vacation under these rules, whose services are terminated for any reason, shall be paid an amount equal to the vacation that had been accrued prior to such termination but which had not been used, up to a maximum of forty-five (45) days, provided that no monetary or other allowance had already been made therefore.

Section 12.

An employee who is reinstated or re-employed shall be entitled to his/her vacation status at the termination of his/her previous service; provided, however, that no credit for previous service may be allowed where reinstatement occurs after absence of three (3) years unless approval of the CEO is secured for any of the following reasons:

A. Illness of the employee.

B. Dismissal through no fault or delinquency attributable solely to the employee.

C. Injury while in the service of the Commonwealth in the line of his/her duties and for which the employee would be entitled to receive Workers' Compensation benefits.

Section 13.

An employee who is granted a leave of absence to enter service in the Armed Forces of the United States, under the provisions of Chapter 708 Acts of 1941 as amended, and who, upon honorable discharge from such service in said Armed Forces, returns to the service of the Employer, shall be paid an amount equal to the vacation leave which had been accrued prior to his/her entry into such service in said Armed Forces but which had not been used prior to military leave, provided that no monetary or other allowance has already been made therefore.

Section 14.

An employee who is reinstated after military leave, as referred to in Section 13, may be granted vacation allowance up to the equivalent of twelve (12) months' accrual as of the date on which he/she returned or returns, provided that prior to such military leave, vacation had not been used or compensation paid in lieu thereof for the same year. Neither the above usage, nor absence due to military leave, shall in any way affect vacation credits accrued by such employee in any full payroll month of employment after he/she returns from military service.

Section 15.

Vacation leave shall accrue to an employee while on leave with pay status or on industrial accident leave, excluding employees on extended sick leave in accordance with Article 12.

Section 16.

Vacation leave accrued following a return to duty after leave without pay or absence without pay shall not be applied against such leave or absence.

Section 17.

Vacation status previously earned by an employee while in the employ of the Commonwealth or any of its cities, towns or municipalities prior to employment as a member of one of the bargaining units shall be retained by such employee, provided that no break in service of three (3) years or more occurred between termination of such prior employment and the commencement of employment by the Board. An employee, in order to retain such previously earned status, must submit to the CEO, within thirty (30) calendar days of employment, evidence attesting to such prior employment and such status.

ARTICLE 14

HOLIDAYS

Section 1. The following days shall be holidays for employees:

New Year's Day Independence Day

Martin Luther King Day Labor Day

Washington's Birthday Columbus Day

*Evacuation Day Veterans' Day

Patriots' Day Thanksgiving Day

Memorial Day Christmas Day

*Bunker Hill Day

*(Suffolk County Only)

Section 2.

When a holiday occurs on the regular scheduled workday of an employee, he/she, if not required to work that day, shall be entitled to receive his/her regular day's pay for such holiday.

Section 3.

When a holiday occurs on a day that is not an employee's regular workday, if the employee's usual workweek is five (5) or more days he/she, at the request of the employee, may receive pay for one (1) day at his/her regular rate of pay or one (1) compensatory day off with pay within one hundred and twenty (120) days following the holiday, to be taken at a time approved by the CEO.

Employees subject to periodic layoff may use earned compensatory time, with the prior approval of their supervisor, at any time prior to June 30th of the fiscal year in which such time is earned.

Section 4.

An employee required to work on a holiday may opt to be compensated at the rate of two (2) times his/her regular rate of pay, or receive pay for one (1) day at his/her regular rate and one (1) compensatory day off with pay within one hundred and twenty (120) days following the holiday, to be taken at a time approved by the CEO.

Section 5.

An employee not otherwise entitled to the Suffolk County holidays, pursuant to Section 1 above, and who is scheduled to work on such holiday, shall be entitled to one (1) day off with pay in lieu of each of the Suffolk County holidays. Additionally, an employee who is not scheduled to work on a Suffolk County holiday, if the employee's usual workweek is five (5) or more days, shall be entitled to one (1) day off with pay in lieu of each of the Suffolk County holidays. Such day off shall be approved by the CEO and taken by the employee within one hundred and twenty (120) days.

Section 6.

Whenever any holiday falls on a Sunday, such holiday shall be deemed to fall on the day following. Whenever any holiday falls on a Saturday, such holiday shall be deemed to fall on the day preceding. Such holidays shall be granted in accordance with and subject to the foregoing provisions of this Article. However, if an employee is scheduled to work on such a Saturday or Sunday, that workday shall be deemed to be the holiday in accordance with the preceding Section 4.

Section 7.

Whenever the CEO has been informed that any workday has, in whole or in part, been declared a skeleton day he/she shall determine, who among the employees shall be released with pay from the regularly scheduled duties for the duration of the skeleton day.

Section 8.

An employee who is on unauthorized leave without pay for any of his/her scheduled workday immediately preceding or immediately following a holiday, or is on authorized leave without pay for the entire work day immediately preceding and immediately following the holiday, shall not receive pay or compensatory day off for that holiday. Denial of authorization for such leave shall not be arbitrary or capricious.

Section 9.

A unit member scheduled to work on a holiday and who fails to report as scheduled shall be recorded as absent without pay unless the unit member properly notifies the CEO at least one hour prior to the beginning of the scheduled tour of duty. In circumstances beyond the control of the employee such notice shall be made as early as possible on the day of absence. An employee who is granted paid leave for a holiday on which he/she is scheduled to work shall not receive holiday pay or a compensatory day off for that holiday

Section 10.

Employees rendering service on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day shall receive a holiday differential of fifty cents ($.50) per hour for each hour worked between the hours of 11:00 p.m. on the holiday eve and 11:00 p.m. on the holiday.

ARTICLE 15

EMPLOYEE EXPENSES

Section 1.

When official business for the Employer takes an employee out of the employee's officially assigned workplace, the employee is said to be in travel status and shall be reimbursed in accordance with the University of Massachusetts Employee Travel Policy and Guidelines (T92-031). A copy of the University's policy may be obtained from the office of Human Resources at each of the campuses.

Section 2.

The employer will make readily available current codebooks and licensing manuals for licensed positions, and all other codes related to the building trades, at places designated by the CEO.

ARTICLE 16

PARKING

Section 1.

Proper parking facilities shall be available to the employees covered by this contract within reasonable proximity of their regular work location.

Section 2.

The Employer shall endeavor to maintain adequate lighting in all parking areas.

Section 3.

The CEO agrees to discuss with the Union any proposed changes in the Parking Program at which time the Union can make recommendations for changes and the CEO will inform the Union and all employees prior to implementing any such changes.

Section 4.

Representatives from the Employer and the Union agree to meet to discuss any increases in parking fees which affect bargaining unit members, and shall forward their recommendations for review to the Board of Trustees and the applicable University governing bodies prior to implementing any such increase.

Section 5.

A reasonable number of rows in the North End of Lot 21 (Lot 21A) shall be reserved for bargaining unit employees.

ARTICLE 17

EMPLOYEE COMPENSATION

Section 1. Annual Salary Rate Increase

A. Effective July 1, 2001, employees shall receive a base increase equal to two and one-half percent (2.5%) of the employee's current annual salary as of that date.

Effective July 1, 2001, a NEW step 13, which is two percent (2%) higher than the current top step will be added to the salary schedule.

Effective July 7, 2002, employees shall receive a base increase equal to three percent (3%) of the employee's current annual salary as of that date.

Effective July 7, 2002, a NEW step 14, which is two percent (2%) higher than the current top step will be added to the salary schedule.

B. Effective July 6, 2003, employees shall receive a base increase equal to three percent (3%) of the employee's current annual salary as of that date.

Section 2. Step Rate Increases and Promotions.

A. An employee shall advance under the terms of this Agreement to the next higher step in his/her job group until the maximum salary rate is reached, unless he/she is denied such step rate by his/her CEO. An employee shall progress from one step to the next higher rate after each fifty-two (52) weeks of creditable service in a step commencing from the first day of the payroll period immediately following his/her anniversary date or promotion date as determined within this article.

B. In the event an employee is denied a step rate increase by his/her CEO, he/she shall be given a written statement of reasons therefore not later than five (5) days preceding the date when the increase would otherwise have taken effect. Time off the payroll is not creditable service for the purpose of step rate increases.

C. Whenever an employee receives a promotion, as defined in Article 19, the employee's new salary rate shall be calculated as follows:

determine the employee's salary rate at his/her current job group.

1. find the next higher step within the employee's current job group, or for employees at the maximum rate within their current job group, multiply the employee's current rate by one and two one-hundredths (1.02)

2. compare the resultant sum to the rates for the higher job group into which the employee is promoted.

3. the employee's salary rate shall be the first rate in the higher job group that at least equals the resultant sum.

The anniversary date for such employees shall become the date of promotion.

D. A unit employee who is appointed to a position in a lower salary grade shall be placed in a step in grade within his/her new job grade based upon the employee's creditable years of service in an equivalent job grade or higher job grade. However, the step in grade of a unit employee who is appointed to a lower graded position that is higher in grade than a third position occupied by the employee during the year preceding said appointment shall be determined as if the placement in the new position were a promotion from the lower graded third position, if this will result in a higher step placement for the employee.

Section 3. General Provisions

A. Salary rates of full-time employees are set forth in the Appendices to this Article which are attached hereto and hereby made a part of this Article.

B. The salary rates set forth in said Appendices shall remain in effect during the term of this Agreement. Salary rates shall not be increased or decreased except in accordance with the provisions of this Article.

C. Employees shall be compensated on the basis of the salary rate for their official job classification.

Section 4. Regular part-time Employees

A regular part-time employee shall be entitled to the provisions of this Article in the proportion that his/her service bears to full-time service.

Section 5. Salary Adjustments for Employees Entering From Other State Bargaining Units.

A. An employee entering a position within a bargaining unit covered by this Agreement, without a break in service, from a position in an equivalent salary grade in a bargaining unit not covered by this Agreement shall be placed at the first step-in-grade up to maximum of the grade, which at least equals the rate of compensation received immediately prior to his/her entry into the bargaining unit.

B. An employee entering a position within a bargaining unit covered by this Agreement, without a break in service, from a position in a salary grade which is the equivalent of a lower grade in a bargaining unit not covered by this Agreement shall be placed at a step-in-grade in accordance with the provisions of Section 3 of this Article.

C. An employee entering a position within a bargaining unit covered by this Agreement, without a break in service, from a position in a salary grade which is the equivalent of a higher grade in a bargaining unit not covered by this Agreement shall be placed at a step-in-grade within his/her new job based upon the employee's creditable years of service in the equivalent of the new job grade or higher job grade, provided that in no event shall the employee be placed in a step-in-grade which results in the employee receiving a salary rate equal to or greater than the average salary received by the employee for the preceding six (6) months.

Section 6.

The salary increases as provided for in this article shall apply only to those employed on the execution date of this agreement. However, former bargaining unit members who died, retired or transferred out of the bargaining unit but remained in the employ of the University during the time from June 30, 1998, and the execution date shall receive appropriate increases as provided in this Article for their period of employment.

ARTICLE 18

HEALTH AND WELFARE

Section 1. Group Health Insurance Contributions

A. The Commonwealth and each covered employee shall pay the monthly premium rate for the Group Health Insurance Plan in a percentage amount determined by the General Court for the type of coverage that is provided for him/her and his/her dependents under the Plan. The current pre-tax treatment of group health insurance contributions shall continue.

Section 2. Health and Welfare Plan

A. Creation of Trust Agreement

The parties have established a Health and Welfare Fund under an Agreement and Declaration of Trust drafted by the Employer and executed by the Union and the Employer. Such Agreement and Declaration of Trust (hereinafter referred to as the "trust agreement") provides for a Board of Trustees composed of an equal number of representatives of the Employer and the Union.

The Board of Trustees of the Health and Welfare Fund shall determine in their discretion and within the terms of this Agreement and the Agreement and Declaration of Trust such health and welfare benefits to be extended by the Health and Welfare Fund to employees and/or their dependents.

B. Funding

Effective July 1, 2001, the Employer agrees to contribute on behalf of each full-time employee equivalent a total of nine dollars ($9.00) per calendar week.

Effective July 7, 2002, the Employer agrees to contribute on behalf of each full-time employee equivalent a total of ten dollars ($10.00) per calendar week.

Effective July 6, 2003, the Employer agrees to contribute on behalf of each full-time employee a total of eleven dollars ($11.00) per calendar week. Furthermore, should the Health and Welfare Trust choose out of its reserves to operate a day care reimbursement program for eighteen months the eleven dollars ($11.00) shall be raised to twelve dollars ($12.00). The program involves reimbursement up to five hundred ($500.00) per member for approved day care costs each year.

The amount of contributions for each year shall be based on the number of full-time equivalent employees as of the October payroll period during such fiscal year; or as of the last payroll period in the month of October for those on a weekly payroll; provided however that for non-state funded employees, the number of full-time equivalent employees may be surveyed quarterly. The contributions made by the Employer to the Health and Welfare Fund shall not be used for any purpose other than to provide health and welfare benefits and to pay the operating and administering expenses of the fund. The contributions shall be made by the Employer in an aggregate sum within forty-five (45) days following the end of the calendar month during which contributions were collected.

C. Non-Grievability

No dispute over a claim for any benefits extended by this Health and Welfare Fund shall be subject to the grievance procedure established in any collective bargaining agreement between the Employer and the Union.

D. Employer's Liability

It is expressly agreed and understood that the Employer does not accept, nor is the Employer to be charged with hereby, any responsibility in any manner connected with the determination of liability to any employee claiming under any of the benefits extended by the Health and Welfare Fund. The Employer's liability shall be limited to the contributions indicated in Section 2 above.

ARTICLE 19

PROMOTIONS AND FILLING OF VACANCIES

Section 1 Posting of Vacancies

A. All vacancies in positions subject to this Agreement as soon as possible after the Employer determines they are available to be filled, shall be posted for not less than seven (7) calendar days, and said posting shall be on the so-called yellow sheet under the procedures of the Employment Office.

B. The notice of vacancy shall include the following:

1. Job Title

2. Grade and/or Salary Range

3. Application Closing Date

4.Department of Personnel Administration job specifications, or location where such description can be obtained.

5. If Grant Funded, the termination date, source of funding and length of funding, if known

6. Hours and Days of Work (Shifts).

7. Notice of any written or practical test that may be required.

C. All notices of vacancies at the University shall be posted in at least one conspicuous place and other places customarily used for such purposes.

D. Notice of vacancies will be sent to the designated Union official upon posting.

E. Any employee seeking to be considered for any such vacant position shall submit a written application in accordance with the procedures and within the time limits prescribed by this Agreement. The pool of candidates for such vacant position shall include every employee and every other person who shall have applied for such position in accordance with the terms of such notice.

Section 2. Selection

Positions shall be awarded at an appropriate time after consideration of all applicants then available in accordance with the following provisions, except where a position is targeted in accordance with the official campus Affirmative Action plan. Every feasible effort will be made to FAX the targeting letter to the Union Office by 4 pm on the Friday following the appearance of a targeted bargaining unit position on the yellow sheet. In no event shall the awarding of the position be later than thirty (30) days after the closing date. In the event circumstances arise that preclude the awarding of the position within this time, the union shall be notified of the delay.

Section 3. Criteria

A. For the purposes of this Article, promotion shall be defined as an appointment to a position of a higher job grade; a change in job title without a change in job grade shall be considered a lateral appointment. Any employee who applies for a lateral transfer shall be subject to the same criteria and shall not be disadvantaged in comparison to/with employees seeking a promotion. A demotion shall be defined as an appointment to a position of a lower job grade.

B. The following criteria shall be used by the CEO in selecting a candidate to fill a vacancy. Each of the criteria will be applied to all candidates for a vacant position.

1. Ability to perform the requirements of the position.

2. Work History and Performance.

3. Experience in Related Work.

4. Education and/or Training related to the Position.

C. If in the judgment of the CEO there are two or more candidates who are approximately equally best qualified, then among such candidates, preference shall be granted to the employee in the bargaining unit who has the most seniority at the University.

Section 4. Trial Period

A. An employee who is promoted, or laterally appointed shall serve a three (3) month trial period from the effective date of such promotion, or lateral appointment. In no case, however, shall this trial period expire prior to the completion of six (6) months continuous employment from the most recent date of hire.

B. During this trial period, if the employee's work performance in the new assignment is not satisfactory to the CEO, said employee shall revert back to his or her former position. Following management's decision to return an individual to his/her former position, the employee may request in writing to discuss the reason(s) for this action. This discussion will take place at the level the decision was made. If the employee is not satisfied with the reason(s) given for his/her return, he/she may file a grievance at the next higher level of the grievance procedure. Provided however, that there shall be at least one formal grievance hearing held at a campus level.

C. If the employee is not satisfied with the new position, he/she may elect to return to his/her former position within thirty (30) days after said new appointment.

D. All appointments made pursuant to this Section shall be temporary or provisional appointments at least until the completion of the trial period or the completion of the grievance procedure. All vacancies resulting from an employee's appointment pursuant to this Section shall be filled temporarily or provisionally at least until the appointed employee has completed his/her trial period or the completion of the grievance procedure. An employee who has been promoted pursuant to this Article and whose promotion is overturned by the Grievance Procedure shall not be terminated but shall return to his/her former position.

Section 5.

Unsuccessful bargaining unit applicants for posted vacancies within the bargaining unit shall, within a reasonable period of time, receive notice by way of the so-called yellow sheet on the back of such sheet of non-selection by the appearance of an applicant's name (not their own) which shall serve as notice of the non-selection of all other applicants. Late notice shall not preclude the filing of a grievance of non-selection.

At the employee's written request, on the attached form, he/she will be entitled to attend a meeting with management to discuss the reasons for non-selection. At the employee's option, he/she may be accompanied by the local designated union. If the employee is not satisfied with the reason(s) for non-selection, he/she may file a grievance at the next higher level of the grievance procedure. Provided, however, that there shall be at least one formal grievance hearing held at a campus level. Late notice shall not preclude the filing of a grievance for non-selection.

Section 6. Extension of Seniority

In the case of institute, grant or contract employees, seniority for the purpose of applying for vacant positions shall be extended three (3) months beyond the actual expiration date of the then current funding source.

Section 7. Reduction in Grade

Any employee in a grade higher than that announced in the vacancy notice, may submit an application for the posted vacancy in accordance with the provision of this Article. If the applicant is successful, the reduction in grade will be concurrent with the appointment to the new position.

Section 8. Maintainer

The title of Maintainer (Grade 5) is abolished effective July 1, 2001, and all employees in that title shall immediately be placed in either Dietary Worker or Maintainer I, as appropriate.

A Dietary Worker seeking appointment to a Maintainer I, and a part-time Maintainer I seeking a full-time appointment, within or without his/her current work location, shall both be considered a voluntary transfer, and be governed by the terms of Article 10, section 4.

Section 9.

Bargaining unit members promoted into positions determined by the Employer to involve the exercise of supervisory responsibilities may be required to attend and to successfully complete a course of instruction designed to provide employees with the basic introductory skills of supervision. Whenever practicable, training sessions will be scheduled during the 90-day trial period.

Measurement standards for course evaluation shall be determined by the instructor and conveyed to participants at the beginning of the course. The evaluation of the employee by the trainer shall be evidence of the employee's qualification in the supervisory area.

The decision to enroll the employee in a supervisory training program is not grievable.

ARTICLE 20

LAYOFF AND RECALL

Section 1.

A. Procedures

In the event of a reduction of personnel, the parties shall endeavor to maintain as near as possible the same percentage of minority and female employees as existed immediately prior thereto, where under-utilization or under representation exists. Subject to this understanding, those employees having least seniority within classification would be considered first for release.

B. Notice to Union

In the event management becomes aware of an impending reduction in the work force, it shall, when practical, notify the Union fifteen (15) working days prior to the layoff.

C. Meeting with Union

Within three (3) working days of management notice to the Union of an impending layoff, management shall meet with the Union and discuss the impact of the layoff on the affected employee(s).

This discussion shall include, but shall not be limited to the following:

1. Availability of similar positions within the University.

2. Availability of training or retraining programs, which may be applicable to the affected employees.

3. In reviewing these placement possibilities, every effort will be made to seek matches of worker skills and qualifications with available comparable positions.

D. Notice to Employee

In the event of an actual layoff, management will notify the affected employees in writing as soon as possible, but not less than fifteen (15) working days in advance of the layoff date and will send a copy of such notice to the Union. Where notices are sent by first class mail, the time shall begin to run one day after the date of the mailing of the notice. Failure by the employer to provide such notice to less than fifty-two (52) week employees shall not result in any payment of monies to those employees.

Section 2.

A. Selection for Layoff

In the event that the CEO shall lay off employees because of a reduction in force, layoff shall be conducted by job classification on the basis of the employee's campus seniority provided the employee retained has the ability to perform the job. In the event of a layoff within a job classification, probationary employees within that job classification shall be laid off first.

B. Layoff

In the event an employee is scheduled to be laid off and there exists a vacant position which has been certified for filling in an equal or lower-graded classification, upon timely application by the employee, campus seniority shall prevail in permitting such an employee to fill such position provided the employee has the ability to perform the work in a competent manner.

C. Bumping

In the event an employee is scheduled to be laid off, the employee may bump into a position held by the least senior employee at the University in an equal or lower-graded classification for which management has determined the employee meets qualifications. An employee will have ten (10) working days in which to exercise his/her bumping options, following notification to the employee.

Layoffs shall be conducted within each division with all other provisions of this Article applicable. The divisions at shall be as follows:

1. Auxiliary Services

a. Dining Services (includes those listings under Article 10, section 1.C.3)*

b. Campus Center (includes those listings under Article 10, section 1.C.3)*

2. University Health Services

3 Physical Plant

4 Parking Services

5 Athletics

6 Public Safety

7 Office of Information Technology

8 Transit

9 Distribution Services

10 Environmental Health and Safety

11 Housing Services

12 Other Academic areas.

*1a and 1b for purposes of this agreement shall be treated as divisions.

Section 3. Recall

A. The CEO shall maintain a recall roster from which laid off employees will be recalled to positions to be filled in accordance with their seniority within classification.

B. A laid off employee will remain on the recall roster for three (3) years, provided that an employee who is offered recall to a position in the same job classification as the position for which he/she was laid off and who fails to accept such offer within five (5) calendar days or three (3) working days, whichever is greater, shall be removed from the recall list and his/her recall rights and seniority shall terminate at that time. The recalled employee may delay his/her return to work for a period of up to fourteen (14) calendar days except in emergency situations after the date of acceptance of recall.

Section 4. Seniority

A. As used in this Article, seniority shall mean all continuous service since the last date of hire at the campus.

B. In computing seniority as defined in this Article, any break in service or any time off the payroll in excess of twenty-eight (28) consecutive days shall be excluded from total seniority except approved military, maternity, industrial accident leave, and a layoff of up to three (3) months.

Section 5.

Those employees who are subject to periodic layoffs within a calendar year and who have less than 52 week employment commitment shall enjoy layoff rights at the times indicated in their individual employment contracts in accordance with this Article except that their rights under section 2C shall be limited to that of bumping other limited term of employment employees. At other times, the layoff provisions of this Article shall apply.

Section 6.

This Article shall not apply to employees paid from institute, grant or contract funds. Such employees shall retain their seniority for three (3) months after their termination for the purpose of applying for vacant positions.

Section 7.

Notwithstanding their position on the seniority list, in the event of a layoff the president and the ten chief stewards of the Union shall continue to be employed at all times, provided they can perform the duties of any available positions

Section 8.

In the event there is a layoff of bargaining unit employees, they shall not be replaced by students, except for short periods of time not in excess of twenty (20) hours.

Section 9.

In the determination of selecting unit employees to be laid off in accordance with this Article, management shall make all reasonable efforts to first lay off 03 and similar type employees who normally perform those duties performed by bargaining unit members in classifications affected by the layoff.

Section 10.

The Employer shall investigate the possibility of identifying appropriate work for certain employees who are in a temporary lay-off status. Such work may or may not be within the job specifications of the employees concerned.

ARTICLE 21

CONTRACTING OUT

Prior to issuing any RFP for consultants or outside vendors, the Employer shall notify the Union. The Labor/Management Committee shall meet within five (5) working days at the Union's request and may discuss alternatives to contracting out.

When contracting out is contemplated which will result in a layoff, but prior to its implementation, there shall be established, at the campus level, a Special Labor/Management Committee. The Committee shall consist of persons