AGREEMENT

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 Suervisor" 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 not more than twelve (12) 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 fol lowing 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.

8. The Union recognizes that requests for information made on behalf of members or the bargaining unit can require substantial time, effort and cost to the University in collecting information for a response. For information sought by the Union from the employer, not described in Sections 10 and 13 of this article, it is understood that the employer may respond to the Union that the request is excessive, burdensome or otherwise impractical to respond provided such response is made within ten (10) working days of receiving the request in the Labor Relations Office. If the employer so responds the information request shall be considered to in abeyance and no action regarding it shall be taken by either party until a joint labor-management meeting described in this provision is held. As soon as possible, a labor-management meeting will be held to discuss the request for information including alternative approaches to provision of the information and the relevancy and need for such information. Management will provide at this meeting a written estimate of the time of completion. If the parties do not mutually agree upon a method for responding to the information request the employer shall then have ten (10) working days to determine if it will provide the information or decline to provide it, though the Union recognizes that in respect to some requests the actual time needed to assemble and transmit may be longer and reasonable periods of time for such activity shall be allowed.

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 Scheduled.

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

Mech.l and Electrical Utility Maint. - 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 Mgt-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.