Agreement
Between
The
University of Massachusetts/Amherst
and
The
American Federation of
State,
County And Municipal Employees
Council
93, Local 1776, AFL-CIO
Table of Contents
ARTICLE 7. Non-Discrimination And
Affirmative Action
ARTICLE 9. Health Promotion Programs
ARTICLE 10. Workweek And Work Scheduled.
ARTICLE 12. Extension Of Sick Leave
ARTICLE 17. Employee Compensation
ARTICLE 18. Health And Welfare
ARTICLE 19. Promotions And Filling Of
Vacancies
ARTICLE 23. Classification And
Reclassification
ARTICLE 24. Class Reallocations
ARTICLE 25. Professional Development
ARTICLE 27. Probationary Employees
ARTICLE 28. Disciplinary Action
ARTICLE 29. Grievance And Arbitration
Procedure
ARTICLE 31. Evaluation Of Employees
ARTICLE 32. Labor/Management Committee
ARTICLE 33. No Strike/No Lockouts
ARTICLE 34. Cost Items And Appropriation
By The General Court
Supplemental Agreement B. Campus Security
Supplemental Agreement C. Regarding Summer Employment for
less than 52-week Employees
Supplemental Agreement D. Regarding Temporary Employees
Side Letters. For the 2004-2007 Bargaining
Agreement
Appendix A Titles in AFSCME Local
1776
Appendix B-1, Schedule of Biweekly Salary Rates - as of
July 6, 2003
Appendix B-2 , Schedule of
Biweekly Salary Rates - as of April 3, 2005
Appendix B-3 Schedule of Biweekly Salary Rates - as of
January 1, 2006
Appendix B-3, Schedule of Biweekly Salary Rates - as of
January 1, 2007
Appendix C, Request for Extension of Sick Leave Form
Appendix D, Temporary Work Assignment Form
Appendix E-1, Request to Appeal Classification of
Trust-funded Position
Appendix E-2, Request to Appeal Classification of
Trust-funded Position Form
Appendix E-3, Request to Appeal Classification of
State-funded Position
Appendix F, Certificate of Eligibility for Systemwide Tuition Remission
Appendix G, Employee Request for Change in Work Location
or Assignment
Appendix H, Employee Request for Change in Work Shift or
Days off
Appendix I, Seniority Bypass Appeal Form
Appendix J, Temporary Work Assignment Form
Appendix K, Sick Leave Bank Enrollment Form
Appendix L, Sick Leave Bank Application
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.
1.
BOARD - The term "Board" shall mean the Board of Trustees of
the
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
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.
12. WORK WEEK - The term "Work
Week" shall mean a calendar week, i.e., a week extending from Sunday to
Saturday inclusive.
The
Employer recognizes the
Should
any new classified classification(s) be added to the work force, the Employer
shall notify the
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
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.
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.
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.
Section 1.
The
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
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
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.
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
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
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
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
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
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
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
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
B.
Witnesses called by the
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
Section 8. Employer
Provision of Information
The
Employer shall be required to provide the
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
8.
The
Section 9. Orientation
Where
the Employer provides an orientation program for new employees, one-half hour
shall be allotted to the
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.
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
Section 3.
The
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
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 -
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 -
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
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
Hampden
Dining Common
Hampshire
Dining Common
Snack
Bars/Munchies
Athletic
Dining Room
Kosher
Dining Room
Trade
and Maintenance
Loading
Docks
Retail
Food and Catering
Bakery
b.
Trade
and Maintenance
Accommodations
Book
Store 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.
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.
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.
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
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
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
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.
Rest
period of a maximum of fifteen (15) minutes shall be given to employees in each
one-half (½) tour of duty. Where employees are working at a site that is too
remote from their normal break facility to practically take their breaks there in the available time allowed,
employees will be allowed to take breaks in the nearest suitable facility. In
those limited occasions where absence from the work site would cause a
hazardous condition, cause a significant campus impact, or it is not reasonably
feasible to travel to the nearest break site in the break time, the supervisor
will send an employee to bring coffee and other break items to the job site.
Any grievance concerning the application of
this subsection shall within 20 calendar days be heard at a single 3rd step
meeting. If not heard within prescribed time or resolved the case shall be
moved to expedited mediation/arbitration
before a mediator/arbitrator from the Massachusetts Board of Conciliation and
Arbitration or another neutral agreed by the parties as soon as such a meeting
can be practically scheduled.
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 ($20.00) for such stand-by period.
B.
The stand-by period shall be fifteen (15) hours in duration for any night
stand-by duty and shall be nine (9) hours in duration for any daytime stand-by.
C.
Stand-by duty shall mean that a department head has ordered any employee to be
immediately available for duty upon receipt of a message to report to work.
D.
Employees hired into or appointed into trades after
Section 12. Shift Differential.
A.
Employees of the Commonwealth rendering service on a second or third shift as
defined in Section 1.B. shall receive a shift differential of
seventy-five cents per hour ($.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
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
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. For
the purposes of this Section, a weekend shift shall be defined as a shift that
commences on or after
Section 14. Paid Detail
Paid
details are addressed in the Supplemental Agreement Regarding Campus Security.
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
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.
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; and
4.
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
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
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
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
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.
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.
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.
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.
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
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.
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.
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.
Section 15. Transitional
Work Assignment
When
an employee has been injured and cannot perform the primary functions of
his/her job due to medical restriction the University or its agent may, in
their sole discretion, require that employee to accept a transitional work
assignment for up to ninety (90) calendar days performing any tasks within the
University which need to be performed and can be performed within the
restrictions medically determined for such employee. A grievance contesting the availability of transitional
work assignment may be processed but only through Mediation, issues of the
availability of transitional work are deemed by the parties substantively inarbitrable. An employee required to perform a
transitional work assignment shall be compensated either at the rate of the
position which they held immediately prior to their injury or at the
compensation level of a position in thee bargaining unit of the same grade as
the position in which they have been assigned during this transitional period
to work. Upon medical verification of ability to perform their normal duties an
employee shall be returned to their regular position.
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.
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 ½ years).
(total
of 10 days per yr.)
Fifty-four
(54) months, but less
than
one hundred fourteen
(114)
months 11/4
days per month
(4
½ - 9 ½ years).
(total
of 15 days per yr.)
One
hundred fourteen (114) months,
but
less than two hundred thirty- four
(234)
months 1
2/3 days per month
(9 ½ - 19 ½ years).
(Total
of 20 days per yr)
Two
hundred thirty-four (234)
months or
more 2
½ days per month
(19 ½ 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
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 (½) 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.
Section 1.
The
following days shall be holidays for employees:
New
Years’s Day
Martin
Luther King Day
Washington’s
Birthday
*Evacuation
Day
Patriots
Day
Memorial
day
*
Indepenence Day
Labor
Day
Columbus
Day
Veteran’s
Day
Thanksgiving
Day
Christmas
Day
*(
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.
A
part-time employee shall earn pay for a holiday in the same proportion that
his/her service bears to full-time service. Such pay for a holiday shall be
paid whether or not the holiday falls on the employee's regularly scheduled
workday. Part-time employees who work less than five days per week may use
vacation or personal time to make up a full day's pay if the holiday falls on
their regularly scheduled day of work.
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 shall be compensated at the rate of two
(2) times his/her regular rate of pay, or upon the sole discretion of the CEO
when requested in writing and approved may receive pay for one (1) day at
his/her regular rate and one (1) compensatory day off with pay within two
hundred and seventy days (270) days following the holiday, to be taken at a
time approved by the CEO. Less than fifty two (52) week employees may continue
at their discretion to be awarded compensatory time for holidays worked.
Section 5.
An
employee not otherwise entitled to the
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
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
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.
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
Section 4.
Representatives
from the Employer and the
Section 5.
A
reasonable number of rows in the North End of Lot 21 (
ARTICLE
17. Employee Compensation
Section 1. Duration,
Wages and Retroactivity
Duration:
1.
Fiscal Year 2005:
Effective
the first Sunday of the beginning of the first payroll period in the Month of
April 2005, each employee then on the payroll and in the bargaining unit on the
date of execution of
this Agreement, shall receive a stipend rate
increase of two (2) percent.
Effective
2.
Fiscal Year 2006:
Effective
on the first Sunday of the beginning of the payroll period immediately
following
3.
Fiscal Year 2007:
Effective
of the first Sunday of the beginning of the payroll period immediately
following
It
is also hereby agreed to replace current classification appeals forms with one
form for both trust and state funded employees.
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:
1.
Determine the employee's salary rate at his/her current job group.
2.
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 ten one-hundredths (1.10)
3.
Compare the resultant sum to the rates for the higher job group into which the
employee is promoted.
4.
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 the bargaining unit covered by this
Agreement, without a break in service from a position in another Commonwealth
of Massachusetts public employer, in a bargaining unit not covered by this
Agreement, from a position determined by Human Resources to be of a type with
similar duties and responsibilities to the positions in this unit, in the Grade
level of the position which they are being hired into, shall be placed at the
first step-in-grade up to the 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 the bargaining unit covered by this
Agreement, without a break in service from a position in another Commonwealth
of Massachusetts public employer, in a bargaining unit not covered by this
Agreement, from a position determined by Human Resources to be of a type with
similar duties and responsibilities to the positions in this unit, which are at
a lower grade level than the position which they are being hired into, 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 the bargaining unit covered by this
Agreement, without a break in service from a position in another Commonwealth
of Massachusetts public employer, in a bargaining unit not covered by this
Agreement, from a position determined by Human Resources to be of a type with
similar duties and responsibilities to the positions in this unit, which are at
a higher grade level than the position which they are being hired into, shall
be placed at a step-in-grade within his/her new job grade based upon the
employee's creditable years of service in the equivalent 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.
D.
Upon written request the
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
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.
Effective
January 1, 2006, the University will contribute an additional one dollar
($1.00) per week per FTE to the Health
and Welfare Trust.
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.
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.
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.
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.
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.
Less
than fifty two week employees shall not be considered laid off during their
periods of non-responsibility. They shall receive notice of an upcoming period
of non-responsibility as provided in Supplemental Agreement C.
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.
Section A.
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 designated
by the appropriate Union officials and persons designated by Management. Said
Committee's review may include, but is not limited to, the cost effectiveness
of one system compared to the other (AFSCME unit members vs. outside vendor);
the quality of work and the impact on career development. Within a reasonable
amount of time the Committee shall develop and recommend alternatives.
The
parties shall establish a Special Labor/Management Committee to address general
areas of concern relating to the contracting out of services.
Section B.
Notwithstanding
the forgoing in instances in which the Union identifies a vendor performing
work that has normally been preformed by AFSCME Employees the Union may request
a copy of the vendor contract or agreement under which the particular work is
being preformed and copies of a summary of payment made under that contract or
agreement. In addition the, Union may request a meeting with Management
concerning the possibility that bargaining unit members might provide the same
service at lower cost or greater efficiency. Nothing in this provision shall
alter the authority of the employer in this area provided for in Article 3 of
this agreement or in any other section of the Contract.
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 designated
by the appropriate Union officials and persons designated by Management. Said
Committee's review may include, but is not limited to, the cost effectiveness
of one system compared to the other (AFSCME unit members vs. outside vendor);
the quality of work and the impact on career development. Within a reasonable
amount of time the Committee shall develop and recommend alternatives.
The parties shall establish a Special Labor/Management
Committee to address general areas of concern relating to the contracting out
of services.
Section 1. Work in a Lower
Classification
A.
When an employee is assigned by his/her supervisor to perform the duties of a
position classified in a grade lower than that in which the employee performs
his/her duties, he/she will be compensated at his/her regular rate of pay as if
performing his/her regular duties.
B.
An employee who is assigned by his/her supervisor to perform overtime work in a lower classification shall have
overtime compensation computed at the employee's regular rate of compensation.
Section 2. Work in a Higher
Classification
A.
Any employee who is clearly directed by his supervisor to perform work in a
higher classification for a period of one (1) day or more up to fifteen (15)
consecutive work days shall receive, in addition to his or her regular salary,
six dollars ($6.00) per day. If after fifteen (15) consecutive work days the
employee continues to perform work in a higher classification said employee shall
receive pay at the step determined by the established method of calculating
step placement for promotions. Whenever any
employee is assigned to any vacant higher rated position he/she shall complete
and transmit to his/her supervisor the form attached. The supervisor shall
thereupon complete the applicable portion of the form and transmit the same to
the CEO who shall thereupon determine whether the work assignment is or is not
out of title work.
B.
An employee who is assigned by his/her supervisor to perform overtime work in a
higher classification shall have overtime compensation computed at the first step rate of the higher classification, unless
the employee's regular rate of compensation is higher, in which case the
overtime compensation shall be computed at the employee's regular rate of
compensation. In no case shall an employee receiving out of title pay receive
an overtime rate that is at less than 4% greater then their normal overtime
rate at anytime during which they work out of grade.
ARTICLE 23. Classification
And Reclassification
Section 1. Class
Specifications
A.
The Employer shall provide the Union with a copy of the class specification of
each title covered by this contract for which such a specification exists.
B.
Each employee in the bargaining unit shall be permitted by the Employer to have
access to examine his or her class specification.
C.
The parties to this Agreement acknowledge that the classification structure and
the accompanying job specifications have been created by the Commonwealth
through its Department of Personnel Administration for the purpose of
describing the duties and responsibilities of each job title.
Section 2 .Individual Appeal
of Classification
The
parties agree that any appeal pertaining to reclassification or reallocation
shall continue to be governed by the provisions of Section 49 of Chapter
30 of the Massachusetts General Laws and shall not be subject to the grievance and arbitration
procedure herein.
Section 3. Appeal of
Classification of "Trust Funded" Position
An
employee in a "trust-funded" position who seeks a reclassification
shall adhere to the following procedure:
1.
An employee in a "trust funded" position who seeks a reclassification
of that position may request an audit of the position on the form attached
hereto.
2.
The employee shall file said form with the Director of Human Resources and
shall forward a copy of same to the Union.
3.
The Director of Human Resources or designee shall conduct a job audit within 90
calendar days of receipt of the request.
4.
Within ten working days of completion of the job audit, the Director of Human
Resources or designees shall hold a hearing. In the case of a request for an
individual reclassification, the hearing officer shall not be in the
supervisory chain of the employee seeking the reclassification. The Union may
participate in the hearing if the employee so requests.
5.
The Director of Human Resources shall make a final determination within 30
calendar days of the hearing.
6.
The decision of the Director of Human Resources may be appealed within 10
calendar days to the CEO or designee who shall issue a decision within 30
calendar days of receipt of the appeal.
7.
The decision of the CEO may be appealed within ten (10) calendar days to the
University President or designee who shall issue a decision within thirty (30) calendar
days of receipt of the appeal.
8.
When such reclassification request is
granted, the moneys necessary to fund such reclassification shall be budgeted
for the following fiscal year, and if funds are available such reclassification
shall be effective at the beginning of the payroll week next following the date
of the appeal to the Director of Human Resources.
9.
The above procedures shall also govern requests for class reallocations of
"trust funded" positions.
10.
The parties agree that the procedure herein provided shall be the sole
procedure for reclassification and reallocation of "trust funded"
positions and the grievance and arbitration procedures of Article 29 shall not
apply.
ARTICLE 24. Class Reallocations
Section 1.
Class
reallocations may be requested by the Union whenever it believes a reallocation
is justified by the existence of an inequitable relationship between the
positions covered by the reallocation requests and other positions covered by
this Agreement. If the Employer agrees that such an inequity exists, the
Employer and the Union agree to jointly petition the General Court for such
reallocation. If, however, the parties are unable to reach agreement, the
matter shall not be subject to the grievance procedure.
Section
2.
The
Employer and the Union agree that the procedure provided in Section 1
shall be the sole procedure for class reallocation for all classes covered by
this Agreement and no other class reallocations shall be granted.
Section 3.
Effective
July 1, 2001, the positions of Electrician, Grade 14, shall be upgraded to
Grade 15, and the positions of Steam Fireman I, Grade 13, shall be upgraded to Grade
15, and the positions of Steam Fireman II, Grade 15, shall be upgraded to Grade
17.
ARTICLE 25. Professional
Development
Section 1. Tuition Remission
A.
Full-time Employees
1.
Eligibility
a.
All full-time employees of a public college or university who are paid from the
01 or 02 Subsidiary Account, and who have completed at least six (6) months of
service as of the date of enrollment, shall be eligible for system-wide tuition
remission benefits. Employees on paid leave of absence or industrial accident
leave remain eligible during the period of any such leave. Employees on unpaid
leave shall remain eligible for a maximum of one calendar year. Retired or
former employees shall not be eligible; however, the spouse and dependent
children of retired, former, or deceased employees may retain eligibility under
certain conditions (see c, d, and e below).
b.
The spouse and dependent child or children of any eligible employee shall also
be eligible for system-wide tuition remission benefits. A "dependent
child" shall mean any natural, adopted or step child who is claimed as a
dependent on the eligible employee's Federal Tax Return for the tax year
immediately preceding enrollment. No employee's child beyond the age of
twenty-five (25) shall be eligible for tuition remission; provided, however,
that in exceptional circumstances and for good reason the President of the
public college or university granting the tuition remission may waive this age
limitation for an employee's child who continues to meet the IRS standards of
dependency.
c.
If an eligible employee retires while a child or spouse is enrolled in a
program of study or degree program, the spouse or child may complete such
program with tuition remission, provided that enrollment is continuous.
d.
If an eligible employee who has completed at least five (5) years of full-time
equivalent service dies, the surviving spouse and children shall be eligible to
enter and/or complete one full program of study or degree program with tuition
remission. The term "program" as used in this Section d and
the above Section c shall include, but not be limited to, any program of
study begun at a Community College and continued without interruption through
the bachelor's degree at a State College or University.
e.
If an eligible employee leaves the employment of public higher education under
conditions other than those described in c and d above while a spouse or child
is enrolled in a course or program, the spouse or child may complete the
semester already begun. At the end of the semester his/her eligibility for
tuition remission terminates.
2.
Applicability
Tuition
remission shall be provided to eligible employees, their spouse and dependent
children as follows:
a..
For enrollment in any State supported course or program at the undergraduate or
graduate level at any Community College, State College or University excluding
the M.D. Program at the University of Massachusetts Medical School, full
tuition remission shall apply.
b.
For enrollment in any non-State-supported course or program offered through
continuing education, including any community service course or program at any
Community College, State College, or University, fifty percent (50%) tuition
remission shall apply.
c..
Tuition remission shall apply to non-credit as well as credit-bearing courses.
3.
Limitations
a.
Employees (or their spouse or dependent children) receiving tuition remission
are responsible for the payment of all other educational costs, including fees
(application, laboratory, etc.) books, and supplies.
b.
Employees (or their spouse or dependent children) must apply for admission and
meet all admissions standards for the desired course/program.
c.
Admission to all courses/programs in continuing education is on a space
available basis. Further, each local campus administration reserves the right
to cancel any continuing education course in which a minimum number of full
tuition-paying students, as determined by the administration, has not enrolled.
d.
Tuition remission benefits are non-transferable.
4.
Certification Process
To
qualify for tuition remission, an employee must take the following steps:
a.
Apply for, and be admitted to the desired course/program.
b.
Complete a "Certificate of Eligibility for System-Wide Tuition
Remission" and have it signed by his/her Department Head or Supervisor and
by the Chief Personnel Officer of the college or university at which he/she is
employed. If the tuition remission is to be used by the employee's spouse or
dependent child, the name and relationship of this individual should be
indicated on the certificate. The certificate should be completed as far in
advance of the date of enrollment as possible.
c.
Submit the completed Certificate of Eligibility with his/her tuition bill to
the college or university at which he/she plans to enroll. The employee (or his
spouse or dependent children) must remit payment at the same time for costs not
covered by tuition remission.
d.
It is the responsibility of the employee to insure that the Certificate of
Eligibility is approved in a timely fashion. Retroactive tuition rebates will
not be made except in unusual circumstances beyond the control of the employee.
5.
Continuation of Existing Benefits
The
implementation of this policy shall not limit or preclude any tuition remission
benefits currently enjoyed by higher education employees under the terms of
applicable collective bargaining agreements or personnel policies.
6.
Interpretation of This Policy
The
Chancellor or his designee shall have the sole authority to resolve any dispute
concerning the interpretation and application of this policy. The Chancellor
may amend or modify this policy from time to time, as he deems appropriate and
necessary. No dispute or claim of benefits arising from this policy shall be
the subject of a grievance or arbitration
procedure.
1.
Eligibility
a.
All part-time employees who are members of a collective bargaining unit, who
are paid from the 01 or 02 Subsidiary Account, and who have completed at least
six months of full-time equivalent service as of the date of enrollment, shall
be eligible for system-wide tuition remission benefits. No other part-time employees shall be eligible
for system-wide tuition remission.
b.
The spouse and dependent child or children of any eligible part-time employee
shall also be eligible for system-wide tuition benefits. The age limitation and
IRS dependency standards set forth in the Regent's System-Wide Tuition
Remission Policy shall apply to children of eligible part-time employees.
2.
Applicability
Tuition
remission shall be provided to eligible part-time employees, their spouse and
dependent children as follows:
a.
For enrollment in any State-supported course or program at the undergraduate or
graduate level at any Community College, State College, or University,
excluding the M.D. program at the University of Massachusetts Medical School,
fifty percent (50%) tuition remission shall apply.
b.
For enrollment in any non-State course or program offered through continuing
education, including any community service course or program, at any Community
College, State College, or University, twenty-five percent (25%) tuition
remission shall apply.
c.
Tuition remission shall apply to non-credit as well as credit-bearing courses.
In all other respects, the provisions of the Regent's System-Wide Tuition
Remission Policy shall be applicable to eligible part-time employees.
Section 2. Educational Leave
Full-time
unit members may upon application and approval be granted leave of absence with
pay for educational purposes to attend conferences, seminars, briefing sessions
or functions of a similar nature that are intended to improve or upgrade the
individual's skill or professional ability. The unit member shall not suffer
any loss of seniority or benefits as a result of such leave.
A.
An employee shall be allowed to take one job related course per semester during
said employee's regular hours of work. The determination of whether a course is
job related shall be made by the Director of Human Resources or designee.
B.
An employee may be allowed to take one (1) course per semester during said
employee's regular hours of work. As a consequence of taking a course during
regular work hours, an employee's tour of duty shall be adjusted so that in
addition to the time during which an employee is released to take such course,
said employee will be scheduled for a complete tour of duty. In calculating the
tour of duty under such circumstances an employee must take a minimum of
fifteen (15) minutes as a regular meal break and must include sufficient time,
as determined by the University Personnel Officer, to travel to and from the
work area to the class location.
Section 3. Labor/Management Workplace
Education Program
A.
The Employer and the Union recognize that the development of employee basic
skills is linked to customer service, employee advancement and employee
retention.
B.
The success of the Labor/Management Workplace Education Program (LMWEP) of the
Training and Development Unit is a testament to the commitment of both the
University and AFSCME to qualify employee basic skills services. Since 1987
both the niversity and the Union have committed
considerable good will, time and resources to this award winning joint effort.
C.
By supporting and continuing LMWEP the Employer and the Union recognize the
critical importance of maintaining on-going opportunities for employees to
improve such workplace basic skills as writing, reading, math, English,
communication, diversity and leadership. More, both employer and union affirm
the worth of working together on this collaborative, joint labor/management
effort. Investment in human resources is a priority for both Employer and
Union.
D.
It is therefore agreed that LMWEP shall be managed and operated under the
following provisions:
a)
Employees of LMWEP shall be University employees within the Division of Human
Resources. The program of LMWEP shall reflect the subject areas noted in
subsection C above. The goal of LMWEP shall be to provide effective services to
the largest possible number of employees in the most cost efficient manner.
b)
The LMWEP program shall be overseen by a joint labor-management committee
consisting of five (5) members nominated by the University and five members
nominated the Exclusive Representatives of the certified bargaining units on
the Amherst Campus. All actions of this joint labor-management committee shall
be by majority vote.
c)
Any funds appropriated by the General Court of the Commonwealth for the
purposes of supporting LMWEP shall be placed in a separate fund denominated for
that purpose. The University and the Exclusive Representatives of the certified
bargaining units on the Amherst Campus shall continue to explore approaches and
methods for providing ongoing support for LMWEP.
d)
The parties agree that on going discussion seeking to agree upon the most
appropriate legal structure for the funds mentioned in Section C should be
ongoing and if necessary continue beyond the expiration date of the contract.
Section 4. Training and Career Ladders
A.
The Employer and the Union recognize the importance of training programs, the
development of career ladders and of equitable employment opportunity
structures and seek here to establish a process for generating such program
recommendations and their implementation.
B.
Toward these ends the Employer and the Union agree to establish a Training and
Career Ladders Committee consisting of three (3) persons appointed by the Union
and three (3) persons appointed by the Employer. Such committee shall function
continuously throughout the life of this Agreement. The committee shall meet
within sixty (60) days to draw up rules and regulations. The committee shall
determine the content and priority of training and/or retraining programs and
the criteria for selection of participants.
C.
Career Ladder Training Fund
The
Employer agrees to contribute thirty-five dollars ($35.00) per fiscal year,
effective July 1, 2001, for each full-time equivalent employee to establish a
Career Ladder Training Fund to be available for all members of the unit. The
parties recognize the need to provide members of the bargaining unit with
opportunities to advance to more responsible positions within the bargaining
unit. As such, such funds may be utilized for unit members to pay for
individual educational and training programs in order to improve working skills
and knowledge beyond the normal requirements for the position presently held by
such employee. Trust Funded employees shall be fully eligible for participation
in all training programs.
A
program must be given advance approval and certified by the Career Ladder
Training Committee. Such committee will develop guidelines to review proposed
programs and internal committee procedures during the initial year of this
agreement.
These
funds may not be used to enhance salary rates or as a salary bonus. In addition
to the programs above, a bargaining unit member may request reimbursement from
or expenditure of such funds for any educational or training purpose,
including, but not limited to travel, supplies and equipment. The Employer will
hold title to any materials and equipment purchased in whole or in part with
such funds. All requests must indicate the specific purpose for the expenditure
and no payment shall be made without all documentation required by University
policies and procedures. Preference in such training will be given to programs,
which benefit the University's implementation of new administrative systems.
Any
funds not expended prior to January 1, 2004 shall be placed into a Career
Ladder Training account to be expended on programs, training seminars, and
other such services as agreed upon by the labor-management committee for
bargaining unit members.
Section 1.
The
Employer shall comply with any and every applicable statute, federal and state,
and with any such rules and regulations as may be promulgated there under, that
govern the conditions of health and safety in the place of work of its
employees. The Employer may promulgate and enforce any such rules and
regulations as it may deem appropriate from time to time to provide for the
safety of its employees and to ensure compliance with any such statute or with
the rules and regulations promulgated thereunder.
Prior
to the promulgation of any such rules and regulations by the Employer the CEO
shall consult with representatives of the Union regarding such rules and regulations
and their enforcement; provided however, consultation shall not be required in
respect of such rules and regulations in force at any Campus on the date of
this Agreement.
All
work related injuries shall be reported to the appropriate administrator
immediately upon their occurrence or when the employee has knowledge of such
injuries in accordance with the procedures in effect at the University. When an
employee is injured while at work, the Employer shall complete and process the standard
form for Employer's first report of injury within two (2) days from the filing
of said report with a copy to the employee.
Grievances involving the interpretation or
application of the provisions of this Article not resolved at Step 3 of the Grievance procedures set forth in
Article 29 of this Agreement may be referred to a 3 member review committee
within 7 days of receipt of the Step 3 decision. Said committee shall be
comprised of the Director of Environmental Health and Safety or equivalent, one
union-designated representative and one management-designated representative to
review and make recommendations to the Chancellor. The committee shall meet
within 15 working days of said referral and shall make recommendations within
10 working days of the meeting. Time limits may be extended by mutual agreement
of the parties.
Section 2.
There
shall be established a committee to be known as the Union/Management Safety Committee. Such Committee shall be
composed of twelve (12) members, six (6) representing the Employer and six (6)
representing the Union. Such Committee may reduce their number by mutual
agreement. The purpose of the Committee shall be to promote a safe, clean and
wholesome environment, the development of safety programs and procedures and
shall focus attention on any injuries, which have resulted and would serve to
alter or revise any such programs or procedures. There shall be at least four
(4) meetings of the Committee each year. Additional meetings shall be arranged
at the request of either party.
Any
health and safety issue which cannot be resolved by the local level Safety
Committees may be referred by mutual agreement of both parties to the
University Level Labor/Management Committee for discussion.
Section 3.
Where
uniforms, protective clothing, safety shoes,
safety glasses or any type of protective device are necessary and required in
the performance of an employee's duties, or where employee's clothing is subject
to excessive wear and tear because of chemicals, abrasives, pollutants, etc.,
and need to be frequently replaced, such uniforms, protective clothing or any
type of protective device will be provided by the Employer.
Section 4.
1.
Employees shall have a First Aid kit available in their work area.
2.
No employee shall be required to lift unreasonable weights without adequate
assistance.
3.
No employee shall be required to operate defective equipment.
4.
Where it is currently the practice, at least two employees shall be assigned
when working underground, in tunnels, in crawl spaces, in hazardous areas where
steam, sewage, electrical, or other systems exist, in trenches with a depth of
five or more feet, or when working more than ten feet above the floor or the
ground. For other institutions, appropriate precautions (i.e. additional
staffing, close supervision, etc.) will be taken to ensure the safety of
employees working in these hazardous areas.
5.
No employee shall be assigned to work from ladders, staging, or rigging unless
such equipment meets all safety regulations.
6.
The provisions of all applicable rules, standards, regulations and codes
promulgated under the provision of the General Laws shall apply to all
apparatus, materials, equipment and structures, their installation, maintenance
and operation within this University. The Employer and the Union shall endeavor
to conform to such rules, standards, regulations, and codes.
7.
Employees shall notify the appropriate office of the University (i.e. Office of
Employee/Labor Relations or the Physical Plant Division) prior to notifying any
administrative agency of the Commonwealth of any condition or situation
concerning work orders, or work performed requiring a license, a certificate of
competency, certificate of registration, or a permit.
8.
Employees shall not work in areas, known by management, where toxic or
radioactive materials are present unless they are made aware of the hazards.
All such hazards shall be posted and identified.
9.
The Employer agrees to take positive action to eliminate pets and stray animals
on campus and the problems arising from the keeping of pets.
10.
Employees needing transportation shall be transported in enclosed vehicles
during cold and/or inclement weather
to perform assigned duties.
11.
Employees shall not be assigned excessive or unreasonable workloads.
12.
All work shall be performed under safe and sanitary conditions; provided,
however, the workforce may be used to correct an unsafe or unsanitary
condition.
13.
The Employer shall endeavor to keep each women's restroom equipped with a sanitary
napkin dispensing machine which shall be kept supplied and in working order.
14.
Those institutions that currently provide a cot suitably equipped and a chair
and/or furnish adequate rest area facilities for the use of employees shall continue
to do so. The issue of providing an adequate rest area will be a permanent
agenda item for the Campus Safety Committee established by the terms of Article
26.
15.
The Employer shall supply chemicals to eliminate nauseous odors.
16.
The first aid area shall be equipped with a cot and necessary first aid
supplies.
17.
Employees assigned to work exposed to unreasonable
conditions of weather or extremities in temperature shall be allowed reasonable
rest periods each hour.
18.
Power tools and saws shall be sharpened by competent individuals.
19.
An occupational health and safety program is available to employees for
emergency care.
20.
The Employer shall comply with the rules and regulations of the Commonwealth of
Massachusetts, which apply to the University. The Employer agrees to endeavor
to arrange for transportation to a medical facility for any employee requiring
medical treatment. When an employee is separated from the payroll because
he/she has exhausted his/her sick leave, the
Employer shall furnish the necessary forms for requesting group insurance
coverage on a current premium basis.
21.
No employee shall be assigned to work in areas where heavy moving machinery,
high voltage current, or nauseous gases are present unless he/she is
accompanied by one or more other employees.
22.
Except at campuses where it is currently the practice of the custodial force to
wash windows on the outside of buildings where it is necessary to use extension
ladders, safety belts, boatswain chairs, staging, and power lifts, no member of
the custodial force shall be required to perform such tasks using said
equipment.
23.
Any grievance which cites an alleged violation of Article 26 and which remains
unresolved following the Step 2 decision may be
referred to the campus Department of Environmental Health and Safety for an
evaluation and recommendation in writing prior to proceeding to Step 3.
24.
With all reasonable speed, areas found to contain friable asbestos-containing
materials shall be posted, and all reports of suspected areas of asbestos
hazard shall be promptly investigated.
25.
The issue of asbestos generally will be a permanent agenda item for the Campus
Safety Committee established by the terms of this Article 26. The Committee
shall periodically review standards for adequacy with respect to current
research and recommend additions to the standards where shown to be necessary.
Section 5.
A.
In order to promote and establish a safe environment within the workplace the
parties hereto agree that health and safety issues relative to VDT's shall be an
appropriate item for discussion by the labor/management committee as
established in Article 32.
B.
VDT operators shall not be required to perform continuous duties at the work
screen for periods in excess of two (2) hours at a time. For each consecutive
two (2) hour period worked at his/her station, the employee shall be entitled
to be away from the screen for a contiguous period of fifteen (15) minutes.
Such fifteen (15) minute period may consist of an alternative job assignment or
any break or lunch period otherwise authorized by this Agreement.
C.
The CEO/designee shall make reasonable efforts to reduce Repetitive Strain
Injuries within the institution.
D.
Pregnant employees who work on VDT systems may request temporary reassignment
within their job description or a comparable position, and be reassigned within
two weeks of notification for the duration of the pregnancy. Such work assignment shall be determined by the
CEO. This request must be in writing to the CEO with verification from the
employee's physician.
Section 6.
Employees
who are required to wear safety shoes by Management shall be supplied with such
shoes. The safety shoes supplied shall comply with all applicable regulations.
A joint labor-management committee shall be established consisting of three
representatives of each party to assess which jobs require safety shoes. The
decision of management as to who wears safety shoes shall be final and is not
subject to the grievance and arbitration provision of this Agreement.
ARTICLE 27. Probationary Employees
Section 1.
New
employees hired into the bargaining unit shall be considered as probationary
employees for the first six (6) months of their continuous employment.
Section 2.
The
purpose of the new hire probationary period is to provide for the evaluation of
an employee over a period of six (6) months. Should that period be interrupted
to a significant degree, the new hire probationary period shall be extended to
compensate for that absence.
Section 3.
At
the completion of the first three (3) months and within one (1) month prior to
the completion of such probationary period, each probationary employee shall be
evaluated by his/her supervisor. Such evaluation shall be recorded in writing
by the supervisor. The supervisor shall also indicate his/her recommendation
for the retention or termination of such
employee. Such employee shall receive a written copy of the supervisor's
evaluation and recommendation and shall, upon written request submitted within
seven (7) days of receipt, be entitled to meet with the supervisor to discuss
the evaluation and recommendation prior to their transmittal to the CEO.
Section 4.
During
the new hire probationary period, an employee may be disciplined or terminated without recourse to
the grievance and arbitration procedures provided herein, except discipline or
discharge for lawful and protected union activity.
Section 5.
An
employee whose employment is severed with the University must serve an
additional probationary period upon re-employment, whether in the same or a
different job title.
Section 6.
During
the Probationary Period an employee may not laterally transfer or seek lateral
appointment. Nothing contained in this Section shall deny an employee
the right to a promotion pursuant to Article
19.
ARTICLE 28. Disciplinary Action
Section 1.
A.
The parties agree that corrective and disciplinary action, when imposed, shall
be implemented in progressive stages from minor to severe. Such action is
intended to be from a less severe to more severe corrective action in order to
bring about the necessary change in work habits. An employee having
successfully completed the required probationary period shall not be
discharged, suspended or demoted or given a written reprimand (the parties have
agreed to exclude oral reprimands from the purview of just cause review) for
disciplinary reasons without just cause.
Section 2.
Just
cause may include, but shall not be limited to the following with each
discipline being treated on a case by case basis:
A.
Willful neglect or non-performance of one or more assigned duties;
B.
Demonstrated incompetence in the performance of one or more assigned duties;
C.
Behavior that seriously interferes with the normal operation of the
institution, the department or any members of the workforce;
D.
Insubordination, which shall mean a
refusal to carry out a direct order;
E.
Dishonesty in the performance of assigned duties;
F.
Chronic absenteeism or tardiness without reasonable excuse;
G.
Unauthorized possession or use of alcohol or an unprescribed
controlled substance during any period of assigned work;
H.
Institutional theft.
Section 3.
When
terminating a unit member, the CEO shall inform the member in writing with the
reasons therefore.
Section 4.
The
Union shall receive a concurrent notice of all disciplinary charges, hearings
and decisions.
When
an investigation may lead to the discipline of an employee, the supervisor
shall advise the employee that he or she may be accompanied by a Union
representative.
ARTICLE 29. Grievance And
Arbitration Procedure
The
parties agree that they shall use the procedure set forth in this Article for the
resolution of all disputes involving the application of this Agreement; unless
such matters have been specifically excluded from these procedures.
Section 1. Definitions
A.
Grievant - shall mean an employee, group of employees, or the Union on behalf
of the employee(s), as the case may be, who pursuant to the terms of this
Agreement, seeks resolution of a grievance.
B.
Grievance - the term "Grievance" shall mean an allegation by the
grievant(s) or the Union that a specific provision or provisions of this
Agreement has/have been breached in its application to him/her/them. A
grievance shall mean a written statement stating the event or occurrence on
which the grievance is based, including the date when such breach is alleged to
have occurred and the specific contractual provisions alleged to have been
breached, and shall set forth the remedy requested.
C.
Day - Except as otherwise provided in this Article, "day" shall mean
a calendar day, exclusive of any Saturday, Sunday, holidays
enumerated in Article 14 of this Agreement or duly authorized skeleton days.
D.
Immediate Supervisor - the term "Immediate Supervisor" for the
purposes of this Article shall mean the immediate work supervisor designated by
the CEO.
E.
Intermediate Supervisor - The term "Intermediate Supervisor" for the
purpose of this Article shall mean the intermediate work supervisor designated
by the CEO.
F.
Temporary Employees - The University
may hire or promote an employee temporarily only under the following
conditions. The termination of a temporary
employee at the end of their service shall not be considered a layoff and shall if they were not previously
employed by the University constitute a complete and final separation from
employment. If the employee was previously employed by the University they may
be returned to their prior position. A temporary
employee or a temporarily promoted employee may not grieve or arbitrate the termination of their temporary employment. Upon
written request from the Union a labor-management meeting shall be held to
review the status of and prospective circumstances of a temporary position
provided that such meeting shall not occur more often then once in each year of
the temporary appointment. Temporary promotion
and employment shall be limited to the following circumstances:
a)
An employee may be hired to fill a vacancy on a temporary basis. Such
appointment shall not exceed the end of the fiscal year in which the
appointment is made or six (6) months whichever is longer.
b)
An employee may be hired to fill a vacancy when an employee is on leave due to
illness, injury or any other approved leave. Such position may be filled for
the duration of such leave.
c)
Employees may be hired for a specific project or a specific need provided the
duration of the appointment is announced on the job posting. A term appointment
may not to exceed two (2) years.
d)
Temporary appointment shall be made under the following conditions:
Appointments
determined to be of thirty (30) working days duration or longer shall be
advertise on the yellow sheet. In all cases appointments which last more then
thirty (30) working days shall be advertised on the yellow sheet.
Section 2.
A.
A grievance may be filed at the level at
which the action or inaction being grieved occurred.
B.
Failure of a grievant to comply with any of the provisions of this Article
shall be deemed to be a waiver of his/her right to seek resolution of the
grievance under the terms of this Agreement. In determining whether there has
been any such failure to comply with any of the provisions of this Article,
time shall be deemed to be of the essence, and any failure of the grievant to
comply with any of the time limits prescribed herein shall be deemed to be such
failure to comply with the provisions of this Article; provided, however, that
the time limits prescribed herein may be extended in any specific instance by
mutual written agreement of the parties. If the Employer exceeds any time limit
prescribed at any step in the grievance procedure, the grievant and/or the
Union on behalf of the grievant(s) may assume that the grievance is denied and
invoke the next step of the procedure, except, however, that only the Union may
request impartial arbitration under Step 4. In the event the Union or any employee
elects to pursue any matter covered by this Agreement in any other forum the
Employer shall have no obligation to process or continue to process any
grievance or arbitration proceedings pursuant to this Article or Article 28
herein. However, in the event the Union or an employee files a complaint before
EEOC, MCAD or MLRC, and a grievance has been filed on the same matter, said
grievance will be put in abeyance pending outcome of the complaint. If the
Employer prevails in the above forum(s), the grievance shall be processed
accordingly. If the Union or the employee prevails, the grievance shall be
deemed withdrawn.
C.
Any member of the unit may initiate and pursue a grievance through the steps of
the grievance procedure without intervention by any agent of the exclusive
representative provided however that the Union representative and/or Steward whichever
is appropriate shall be notified of grievances filed by an employee on his/her
own behalf and shall be afforded the opportunity to be present at any step of
the grievance procedure and that any adjustment made shall not be inconsistent
with the terms of this Agreement.
Any
employee may request that the Union represent him/her at any Step of the
grievance procedure. No other representation shall be permitted. The Union
shall notify the Immediate Supervisor, the Department Head, the CEO and the
Chancellor, as the case may require, of the name and the business address of
such Union representative at the time he/she is so authorized to represent the
grievant. Reasonable substitution of Union representation is not to be
considered a breach of this notice requirement.
D.
A grievance may be withdrawn at any level.
E.
No reprisals of any kind shall be taken by either party to this Agreement
against any unit member(s) initiating or participating in grievance.
F.
Collateral Consequences of a Grievance - The
fact that a grievance is alleged by a member of the bargaining unit, regardless
of the ultimate disposition thereof, shall not be recorded in the official
Personnel File of such member; nor shall such fact be used in making any
recommendation for the job placement of such member; nor shall such member or
any other member or members who participate in any way in the grievance
procedure be subjected to any action by the CEO whether disciplinary or otherwise,
for having processed such grievance; provided, however, that nothing herein
contained shall derogate from the right of the CEO to take any action that
might be authorized or required to be taken to give effect to the resolution of
any grievance.
Section 3. Procedure for
Filing of a Grievance
A.
Step 1: Informal - Immediate Supervisor and/or
Department Head.
A
grievant shall institute the grievance procedure of this Article by filing with
his/her Immediate Supervisor and/or Department Head during the term of this
Agreement a written notice that a grievance exists. Such notice need not be in
the form of a grievance as defined above. Said notice need only state that the
grievant seeks a resolution of a grievance. No such notice may be filed more
than ten (10) days from the date of the occurrence of the event or the date on
which the unit
member
had reasonable knowledge of the event or conditions upon which the grievance is
based. The Immediate Supervisor and/or Department Head shall meet or arrange to
meet within three (3) days with the grievant and attempt to resolve the
grievance. If within three (3) days after such meeting, the grievant and the
Immediate Supervisor and/or Department Head have failed to agree upon a
resolution of the grievance the grievant may elect to proceed to the next
level. Grievance involving the termination of an employee shall be filed in the
first instance at step 3 of this Agreement which
is the step involving the Chief Executive Officer of the Campus or Designee.
B.
Step 2. Intermediate Supervisor - Department Head
and/or Personnel Officer
If
the grievant elects to proceed to this Step, then within five (5) days after
the expiration of the final time period provided for in Step 1, he/she shall
file a grievance with the Department Head, and/or the Personnel Officer or
designee. The Department Head, and/or the Personnel Officer or designee shall
meet or arrange to meet with the grievant(s) within five (5) days to resolve
the grievance (such arranged date not to delay the meeting more than fourteen
(14) days) and shall respond in writing within ten (10) days from the date of
the meeting.
C.
Step 3: Chief Executive Officer of the Campus or Designee
If
the grievant elects to proceed to this Step, then within seven (7) days of
receipt of the Step 2 decision, he/she shall send a notice of his/her appeal to
the CEO. The CEO shall meet or arrange to meet within five (5) days with the
grievant for review of the grievance (such arranged date not to delay the
meeting more than fourteen (14) days). The grievant may request of the CEO the
presence and participation of those individuals who have knowledge relevant to
the grievance. If the CEO agrees, such individuals shall be authorized to
attend the hearing. Such requests shall not be unreasonably denied. The CEO
shall render a written decision within ten (10) days of the date of the
meeting. Although new violations may be identified at this level, no further
issues or contract violations may be added subsequent to the close of the
hearing at Step 3.
D.
Step 4. Mediation and Arbitration.
Within
forty (40) days of receipt of the Step 3 decision, arbitration of a grievance
may be initiated. Once the arbitration request has been made, if the parties
agree, a mediation and conciliation process shall be used as a way to resolve
the grievance. A grievance mediator shall be requested from the Massachusetts Board
of Conciliation & Arbitration or the parties may agree on a neutral of
their own choosing. If a resolution of any grievance is achieved through the
mediation process, the terms of the resolution shall be reduced to writing and
signed by both parties. If after sixty (60) days from the request for grievance
mediation the matter is not settled the matter shall be referred to
Arbitration. All statements, documents communications and correspondence
exchanged or made during or concerning grievance mediation shall not be
admissible at Arbitration. In all mediation proceedings, mediator's fees and
expenses shall be paid 50% by the Union and 50% by the Employer. The Union
maintains the right to proceed to arbitration.
Arbitration
of a grievance may be initiated subject to
and in accordance with the following provisions:
1.
The Union shall have the exclusive right to initiate arbitration of a
grievance, the resolution of which heretofore has been sought by a member or
members of the bargaining unit. The decision or award of the arbitrator shall
be final and binding upon the Union, the grievant(s) and the Employer in
accordance with the applicable provisions of state law.
2.
The Union may initiate arbitration of a grievance only if the resolution of the
grievance has been sought through all applicable steps of the Grievance
Procedure and only if submission of the grievance to arbitration has been duly
authorized by the Union. The Union shall give written notice to the University
President and the CEO or designee that it intends to submit a grievance to
arbitration.
3.
The Union and the Employer shall select an arbitrator from the following panel:
Tammy Brynie, Timothy Bucklew,
Joan Dolan, Paul Dorr Ann Gosline, William Hayward,
Nancy Peace and Gary Wooters. They shall be selected
by rotating turns. If the arbitrator next in line is not available, the next
available shall be selected.
4.
The arbitrator shall convene a hearing giving due regard to the necessity of
the parties for time to prepare and the availability of witnesses, if any. The
arbitrator shall give at least ten (10) days notice to the parties prior to the
scheduled hearing date.
5.
The Union and Employer shall have the right to be represented by counsel at any
hearing convened by the arbitrator pursuant to the provisions of this Article.
All proceedings before the arbitrator, including his/her jurisdiction to
inquire into any issue presented by the complaint and his/her authority to
render an award, shall be governed solely by the provisions of this Article.
6.
Decision of the Arbitrator
Within
thirty (30) days after the conclusion of the hearing, the arbitrator shall
determine:
a.
Whether the Union and, where an employee or group of employees sought
resolution of the grievance through the applicable Steps of this Article, such
employee or group of employees, has complied with the procedures for initiating
and pursuing a grievance as set forth in this Article;
b.
Whether the complaint alleges an express breach of the contract;
c.
Whether the arbitrator has jurisdiction to arbitrate; and
d.
Whether an express provision of this Agreement has been violated in its
application to the grievant. The arbitrator shall render a decision in writing,
shall state the reasons therefore, and shall promptly provide copies of the
decision to the parties to the arbitration proceeding.
Anything
herein contained to the contrary notwithstanding, in making a decision the
arbitrator shall apply the express provision of this Agreement and shall not
alter, amend or extend, or revise any term or condition hereof. The decision of
the arbitrator shall be final and binding on all parties to the arbitration
proceeding and shall be enforceable in any court of competent jurisdiction.
7.
Costs of Arbitration
In
all arbitration proceedings, the arbitrator's fees and expenses shall be paid
fifty percent (50%) by the Union and fifty percent (50%) by the Employer.
Section 4. Application
The
parties hereby agree that the provisions of Section 53 of Chapter 30 of
the General Laws are, in their entirety, hereby rendered of no force and effect
in their application to members of the bargaining unit.
Section 5. Admission &
Grounds of Appeal
A.
Admission - The resolution of a grievance by the Immediate Supervisor, the
Department Head, the CEO, the Chancellor, or any of their designees, as the
case may be, shall not be deemed to be an admission by the Employer that the
grievance has, for any other purpose or proceeding, standing as a grievance or
constitutes an admission of any violation or breach of the terms of this
Agreement, or is cognizable or justiciable according
to any applicable provisions of the laws of the Commonwealth.
B.
Grounds of Appeal - The Employer and the Union shall have the right to appeal
any final decision of the arbitrator pursuant to the provisions of Chapter
150E, Section 8, and Chapter 150C, Section 10, 11 and 12 of the
General Laws.
Section 6.
In
addition to its right to be present at all grievance steps, the Union shall
receive a concurrent notice of all grievance hearings and decisions at Step 2 and above.
Section 1.
A.
An employee shall have the right to inspect his/her personnel file during
regular business hours upon request and when necessary by appointment, and
shall have a right to copy at his/her expense. The Union, or a representative
thereof, shall have access to an employee's personnel file upon prior written
authorization of such employee.
B.
There shall be only one (1) official Personnel file for the employee,
maintained at the campus Division of Human Resources, currently located in
Whitmore Administration Building.
C.
Unit members shall not be charged for a reasonable number of copies of material
within their Personnel file.
Section 2.
Whenever
any substantive materials are inserted into the personnel file or records of an
employee, such employee shall be given a copy of such material.
Section 3.
A.
The employee may challenge the accuracy or propriety of such material by filing
a written statement of the challenge in the personnel file.
B.
Grievances relative to materials in the personnel file shall be limited to
those materials, which result in a negative action. Upon determination at any
step of the grievance procedure that such material, or portion thereof, is
either inaccurate or improperly placed in such employee's personnel records,
such inaccurate material, or portion thereof shall be removed from the file,
together with any of the employee's statements related thereto.
Section 4.
Upon
request of the employee, negative material shall be removed from the employee's
Personnel File unless the Labor Relations Administrator determines it shall not
be removed. In making a decision as to whether material will be removed, the
Administrator shall consider the time which has elapsed since the material was
placed in the employee's file, the employment record of that employee, and the
importance of the material to maintaining necessary information about an
employee's University service. The decision of the Labor Relations
Administrator as to whether material will be removed from the file shall be
issued in writing with reasons. In the case of material that is more than three
(3) years old, the decision of the Administrator shall be subject to review
through the grievance arbitration procedure as to whether the decision to not
remove material was arbitrary and capricious. The parties agree to use an
expedited process with the Board of Conciliation and Arbitration for those
decisions by the Administrator that are challenged by the Union in arbitration
pursuant to this Section. The parties recognize that letters of
suspension are considered negative material under the terms of this Section.
Section 5.
Whenever
any individual(s) inspects the personnel file of a unit member, except those
who do so in the regular course of business, the date and name of the
individual(s) shall be noted in the file.
ARTICLE 31. Evaluation Of
Employees
Section 1.
Performance
evaluations are designed to serve the needs of
both the employee and Employer. An organized program for employee performance
evaluation will:
A.
Improve employee satisfaction and potentially reduce employee absenteeism,
turnover, and grievance;
B.
Serve as an important motivational tool and improve the quality of job
performance;
C.
Enhance the ability to achieve Affirmative Action goals through improved
supervisor-employee communications;
D.
Base personnel actions on objective, accurate and fair performance appraisals;
E.
Monitor the performance of probationary
employees on a timely basis.
Performance
evaluation is the review and rating of all factors relevant to an employee's
effectiveness on the job. It involves observation, guidance, training and open
communication between the employee and supervisor. For it to be of significant
benefit to both the individual employee and the Employer, it should be a
continuous process.
Performance
evaluation should be seen primarily as a developmental tool. Its purpose is to
assess an employee's job related strengths and weaknesses and develop his/her
competence to the fullest. In a correctly executed evaluation, the supervisor
and the employee work together to find the means by which the employee's
ability can be strengthened and directed.
Section 2.
Performance
evaluation of an employee shall be made annually by the supervisor within sixty
(60) days prior to the anniversary date of initial hire or appointment to
present position with the exception of a probationary employee who shall be
evaluated at completion of the first three (3) months of probationary service
and within one month prior to the completion of the probationary period. Such
evaluation will be recorded in writing on the form attached hereto, and shall
be made on the basis of the following criteria:
A.
Quality and quantity of work;
B.
Work habits;
C.
Work attitudes;
D.
Working relationships with others;
E.
Supervisory ability (if employee supervises others).
Section 3.
A.
To the extent practicable, an employee who may be nearing a "Does Not Meet
Standards" rating shall be counseled by his/her supervisor at least three
(3) months in advance of the final stage of the evaluation as to the specific
areas that must be improved and what he/she must do to attain a "Meets
Standards" rating.
B.
Each employee shall receive a written copy of his/her evaluation and shall be
entitled to discuss the evaluation with his/her immediate supervisor and, if
requested, with the supervisor of the next higher level than the immediate
supervisor who has been assigned to review the performance evaluation. For the
purpose of this Article, the term immediate supervisor shall mean an individual
who is outside of the bargaining unit.
C.
Upon receipt of a "Does Not Meet Standards" evaluation, the employee
shall receive a remedial plan on how to reach a "Meets Standard"
rating.
Section 4. Evaluation Appeal
Process
A.
If a "Does Not Meet Standards" rating is received, the employee has
the following choices:
1.
a one - time appeal option to a Tripartite Evaluation Appeal Panel (either
before or after the re-evaluation period) or
2.
a 90-day re-evaluation period.
B.
An appeal of the original evaluation shall be initiated at the President's
level within 21 days. Appeals shall be held by a tripartite panel consisting of
one (1) person designated by the Union, one (1) person designated by
Management, and one (1) mutually agreed upon neutral third party. Prior to the
implementation of this Section, the Union and Management will meet and
agree on a list of "third party neutrals".
1.
The standard of review to be applied by the Panel shall be solely limited to
whether or not the final performance rating of "Does Not Meet
Standards" was justified.
2.
The decision of the Tripartite panel shall be final and binding.
3.
Any employee having a "Does Not Meet Standards" rating overturned
shall be made whole in as prompt a manner as possible.
4.
Any decision in favor of the employee will be effective from the month of the
appeal forward.
C.
The re-evaluation period shall be 90 days in length. An employee shall have
his/her re-evaluation done at the end of the 90-day period to determine if a
"Meets Standards" rating has been achieved.
1.
If an employee receives a "Meets Standards" evaluation during the
re-evaluation process, he/she shall be eligible for the denied Step and/or
salary increase effective from the date of receiving the "Meets
Standards" rating.
2.
At the end of the re-evaluation period, an employee who continues to receive a
"Does Not Meet Standards" rating shall be able to make a one-time
appeal of the re-evaluation rating to the Tripartite Panel. This appeal must be
filed at the President's level within 10 days of the re-evaluation.
Such
appeal may not be filed if the employee has already filed an appeal at the time
of the original "Does Not Meet Standards" review.
D.
Whether or not an employee receives a "Does Not Meet Standards"
rating during the re-evaluation process, his/her anniversary date for Step
purposes shall not be retarded.
E.
Job duties and performance criteria shall be observable and measurable to the
extent practicable.
Section 5.
Any
evaluation so retained in respect of any employee may be reviewed by such
employee in the office of the Personnel Officer at any reasonable time upon
prior written notice. Such employee shall have the right to file a written
statement in response to any such evaluation.
Section 6.
A.
An employee may not grieve the substance of his/her evaluation, except where
such evaluation results in a negative action.
B.
Employees may grieve the evaluation procedure, as set out in the preceding Sections
of this Article, to step three (3) of the grievance
procedure.
Section 7.
The
implementation of section 3, sub-sections A and C, and section
4 of this article shall be subject to guidelines developed by a campus
labor-management committee.
Section 8.
Supervisors
and managers shall not use performance evaluations
to threaten or coerce employees in any manner. There shall be no predetermined
formula or ratio used to establish the number of "Does Not Meet
Standards" ratings.
ARTICLE 32.
Labor/Management Committee
There
shall be established a Committee to be known as the Labor/Management Committee.
Such Committee shall be comprised of no more than twelve (12) members: six (6) representing
the Employer and six (6) representing the local Union. Such representatives
shall be appointed respectively by the CEO and the local Union. In addition,
the CEO shall designate the chairperson for campus administration and the Union
shall designate the chairperson for the Union. The purpose of said Committee
shall be to discuss matters of mutual concern to the campus and the Union.
There
shall be four (4) meetings per year, unless mutually agreed otherwise, with the
position of chairperson alternating between the campus administration and the
local Union. Both parties may submit items for the agenda to the chairperson at
least two (2) weeks in advance of any scheduled Committee meetings. The agenda
shall be distributed one (1) week in advance of any scheduled Committee
meetings. It is understood that said Committee shall not discuss pending
grievances and shall have no power to negotiate, alter or amend the terms of
this Agreement.
ARTICLE 33. No Strike/No
Lockouts
Section 1.
Neither
the Union nor any employee shall engage in, induce, support, encourage, or
condone a strike, work stoppage, slowdown or withholding of services of
employees.
Section 2.
The
Union shall exert its best efforts to prevent any violation of Section 1
of this Article and, if such action does occur, to exert its best efforts to
terminate it.
Section 3.
The
Employer agrees not to engage in the lockout of unit employees.
ARTICLE 34. Cost Items And
Appropriation By The General Court
Section 1.
The
cost items contained in this Agreement are specifically subjected to
additional, complete and identifiable appropriation by the General Court and
shall not become effective unless the appropriation necessary to fully fund
such cost items has been enacted in accordance with Massachusetts General Laws,
Chapter 150E, Section 7 and allocated by the Governor to the University
of Massachusetts, in which case the cost items shall be effective on the dates
provided in this Agreement.
Section 2.
All
employees shall receive the benefit of the cost items of this Agreement in the
cases where those cost items are effective for state-funded employees. In the
case of Institute, Grant or Contract employees, support funds must be available
in the specific institute, grant or contract budget for the fiscal year in
which payment must be made.
Section 3.
The
University shall make a request for the funding of this Agreement as required
by Massachusetts General Laws, Chapter 150E, Section 7. In the event
that the additional, specific, complete and identifiable funding in each year
of this agreement is not fully provided, the remaining cost items shall be
returned to the parties for further bargaining.
Any disputes involving this Article shall be subject to
binding arbitration.
If
any of the provisions of this Agreement shall in any manner conflict with, or contravene
any federal or state law, or the rules and regulations promulgated there under,
such provisions shall be considered null and void and shall not be binding on
the parties hereto; in such event, the remaining provisions of this Agreement
shall remain in full force and effect and the Employer agrees to reopen
negotiations on said issue(s).
The provisions of this Article notwithstanding, the
parties may, by mutual agreement, upon the request of one or both parties,
reopen negotiations on the provisions of this Agreement prior to the expiration
date as provided in Article 36.
This
Agreement shall be for the three (3) year period from July 1, 2004 to June 30, 2007
and terms contained herein shall become effective on the date of its execution
by the parties unless otherwise specified. At the written request of either
party, negotiations for a subsequent agreement will be commenced on or after
March 1, 2007.
This
Agreement will remain in full force and effect until a new Agreement is
executed or an impasse in negotiations is reached.
Nothing
herein shall derogate from the legal rights and duties of the respective
parties relative to matters that impact mandatory subjects of collective
bargaining.
SUPPLEMENTAL AGREEMENT A.
Regarding Vacations For Employees With Less Than 52 Weeks Guaranteed Employment
Employees
in positions with less than fifty-two (52) weeks guaranteed employment and/or
subject to periodic layoff, shall accrue
creditable service in such months in which they are laid off in excess of two
(2) working days based on the cumulative total of days worked in such month. Holidays, approved sick
leave, paid personal leave, vacation leave, and compensatory days shall
be counted as days worked. Each twenty (20) days worked in such months shall be
counted as creditable service for vacation purposes. Appropriate vacation shall
be credited to said employee at the end of each payroll month of employment.
Leave without pay of two (2) days in any payroll month shall result in the loss
of accrual for the month in accordance with Article 13 (Vacations).
SUPPLEMENTAL AGREEMENT B.
Campus Security
The
parties agree to the following for all Campus Security Personnel employed
within the bargaining unit.
Section 1.
The
provisions of Article 10, Section 5 (Call Back) shall be applicable to
Campus Security Personnel required to appear in court.
Section 2.
Effective
July 1, 2001, Campus Security employees will be allowed a clothing and
equipment allowance not to exceed six hundred dollars ($600) per person.
Effective July 7, 2002, Campus Security employees will be allowed a clothing and
equipment allowance not to exceed six hundred twenty-five dollars ($625) per
person. Effective July 6, 2003, Campus Security employees will be allowed a
clothing and equipment allowance not to exceed six hundred fifty dollars ($650)
per person. One hundred dollars ($100) of the above sums each year shall be
used for footwear. The above allowances shall be for the purpose of purchasing
clothing and equipment required by the campus. The provision of this section
shall not apply to the purchase of handguns.
Payment
shall be to a designated vendor or to the employee upon presentation of proper
receipts from a designated vendor.
Section 3.
A.
Employees hired or promoted into Campus Security positions which require the
successful completion of a job related training program, and who have entered
such training program prior to the end of his/her probationary/trial period as established in Article 27, Section
1 or Article 19, Section 4, shall be covered by the following
provisions:
1.
The probationary/trial period, as established in Article 27, Section 1
or Article 19, Section 4, shall continue until the completion of the
designated training programs or the time limits established above, whichever is
greater.
2.
For employees who fail to successfully complete the designated training
program, the CEO shall have five (5) working days to make a determination
regarding the employee's status in accordance with Article 27 or Article 19.
B.
Within thirty (30) days following the ratification of this Agreement, the CEO,
shall discuss with the appropriate union official, the type of training
required for new Campus Security Personnel. Prior to a change in the type of
training required or where the Employer is instituting a required program, the
CEO or designee shall notify the appropriate union official.
C.
Individuals hired or promoted into Campus Security Personnel positions shall be
notified, prior to the date of hire/promotion,
of the type of training required. For Campus Police Officer positions, the
position posting for the vacant position shall indicate the type of training
required by the Employer and the possible consequence of the failure to
complete such training.
Section 4.
Any
provision of the Agreement to the contrary notwithstanding, parties agree that
any employee who is hired or promoted into a Campus Security position, and who
is enrolled at the expense of the employer in a job related training program
shall, as a condition of employment, return to the service of the College for a
period of service as set forth below for each month or portion thereof that the
employee was enrolled in such job related training program. In default of the
completion of such service, he/she will refund to the Employer an amount equal
to such proportion of the salary received by him/her while enrolled in such job
related training program as the amount of service not actually rendered bears
to the entire amount of service agreed to be rendered.
The
period of service to be rendered by the employee enrolled in such a job related
training program shall be as follows:
A.
For a training program of eight (8) weeks duration or less there is no
obligation for continued service to the University.
B.
For a training program of greater than eight (8) weeks duration but of less
time than the training program for Municipal Police Officers conducted by the
Massachusetts Criminal Justice Training Council or equivalent sponsoring agency,
an obligation of $3,000 or eighteen (18) months of service to the University
from the date of graduation from such training is required.
C.
For a training program equivalent to that required for a Municipal Police
Officer and conducted by the Massachusetts Criminal Justice Training Council or
equivalent sponsoring agency, an obligation of $4,000 or thirty-six (36) months
of service to the University from the date of graduation from such training is
required.
Section 5.
All
training required by state law or by the Employer shall be at the full expense
of the Employer. When the employee is required to attend training on a day on
which he/she is not otherwise scheduled to work, said employee shall be
compensated at the rate of time and one-half of his/her regular rate of pay for
such training.
Section 6.
With
respect to Article 26, Safety
Procedures, the parties further agree as follows:
A.
Recognizing the need to maintain a safe environment, the Employer shall make
reasonable efforts to fill vacancies in the Campus Security workforce.
B.
At the request of either party, the Labor/Management Committee shall meet to
discuss the concerns of the Campus Security Personnel. The parties also agree
that concerns related to Campus Security shall constitute a standing agenda
item of the Campus Labor/Management Committee. At Labor/Management or Safety Committee meetings where Campus
Security issues are to be raised, either party may invite a Campus Security
employee to attend such meetings.
Section 7.
A.
For the purpose of this section, a detail shall mean a work assignment outside of normal working
hours that is paid for by an outside agency or organization which is not an organization
or department of the University. or work requested by a department other than
the Public Safety Department.
B.
Employees who work paid details shall be compensated at the rate of time and a
half (1 1/2) of their regular rate. Employees who work paid details at
non-athletic Mullins Center events shall be paid the top step overtime rates plus one dollar ($1.00) There shall
be a minimum of four (4) hours pay for each such paid detail.
C.
The Employer shall require a notice of cancellation of a detail from the
requester to the University of at least eight (8) hours prior to the time the
detail is scheduled to begin. If the requester fails to notify the University
within the above-specified limit, any officer assigned to that detail shall be
entitled to four (4) hours pay at the overtime rate.
Section 8.
On
each August 15 and February 15, respectively, badge numbers will be assigned
and reassigned among Unit members holding Campus Security positions according
to an individual's seniority by position title, with the lowest badge number
being assigned to the most senior individual and the highest badge number being
assigned to the most junior individual.
SUPPLEMENTAL AGREEMENT C.
Regarding Summer Employment For Less
Than 52-Week Employees
(Subject To Change)
Section 1.
The
Employer will make a reasonable effort to provide summer employment for AFSCME
bargaining unit members with less than fifty-two (52) weeks guaranteed employment
and/or subject to periodic layoffs. Moreover the
parties recognize that in some cases the designation of an employee as
thirty-five (35) or fifty two (52) week employee may be overridden in the case
of Auxiliary Services by seniority to
determine who shall be employed for the summer. The employer will provide less
than fifty two week employees two weeks notice of the start of periods of
non-responsibility. Should such notice be untimely it shall not create any
obligation on the part of the University to make any payment or pay any wages
to the employee entering the period of non-responsibility.
Section 2.
The
Director of University Dining and Retail Food Services (hereinafter referred to
as Director), or his/her designee, shall annually determine the number of such
employees required to meet the customer demand for dining and retail food
services for the summer weeks of the employees' period of non-responsibility.
These employees shall be selected on the basis of their campus seniority and shall be permitted to schedule the
use of accrued vacation, personal and compensatory
time except during those periods of time identified by the Director, or his/her
designee, as periods of time when the customer demand will not permit any vacation.
The remainder of the unit members shall not be employed in their regular
positions by Auxiliary Services. Such employees may use accrued vacation,
personal and compensatory time during this period of non-employment. The
employer shall pay its monthly percentage of the rate for the Group Heath
Insurance Plan. If additional employment is available for brief periods of time
during peak periods of customer demand, it will be offered to such employees,
on a campus seniority basis.
Section 3.
Annually
by the third Monday in April the Director shall inform the Union in writing of
the number of employees in each group, as defined below, that shall be employed
in the upcoming summer. It is understood that not all groups may be utilized
each summer. The determination of the number of employees needed shall be based
on the needs of Dining Services. Employees shall be selected based on campus
seniority provided that management determines they are able to perform the job
and there is adequate staffing within each needed classification.
Section 4. Period of
Non-responsibility for All Employees
All
unit employees in Auxiliary Services employed in Dining and Retail Food
Services may be subject to a possible period of non-responsibility for the
period of the Monday following Commencement until the first Monday in June
without possibility of reinstatement in their regular jobs for that period.
A
number of employees, if any, annually determined by the Director, based upon
campus seniority, who elect to work, may be retained during the period of
non-responsibility to clean the Dining Halls. A number of such employees
annually determined by the Director shall be assigned to clean each hall.
Employees shall be assigned to clean the Dining Hall to which they are
regularly assigned. However, if there are fewer than one quarter of the
determined number from any given dining hall, employees from one hall among the
designated number of senior employees that are above the number determined
above, shall be assigned to that hall by inverse seniority.
During
the period of non-responsibility, employees may use accrued vacation, personal
and compensatory time. Management may at its sole discretion recall certain employees for training during that
week. However, any employees needed to perform work ancillary to the training,
shall be called back on the basis of their seniority within the building where
the training is being conducted. The Union shall be informed of who attends
training, when the training occurred and what the training concerned.
Anyone
eligible for a group based upon seniority may elect to become part of any group
described later in the agreement. Such election must be made no later than one
week after the employee receives notification of the group to which they belong
and may not be revoked without permission of the Director.
Group
1
A
number of employees in Dining and Retail Food Services to be annually
determined by the Director shall return to work on the first Sunday in June and
be employed for the entire summer excluding the above-mentioned week. They
shall be selected based on campus seniority provided that management determines
they are able to perform the job and there is adequate staffing within each
needed classification
The
unit employees who work for the entire summer shall be paid at their current
classification and grade even if they are assigned to work in a lower
classification. During peak business periods, employees assigned to lower
classifications may be assigned to work in their regular titles. Management
shall determine the number of employees needed in each classification.
Employees shall work and be compensated in accordance with Article 22 of the
Collective Bargaining Agreement. Management will make functional assignments
pursuant to Article 10, Section 2.
Employees
may use accrued vacation time but must schedule their vacations by the first
Monday in May. Vacation time shall be awarded on the basis of campus seniority. No vacations may be taken the last
two weeks of August. Once vacation time is authorized it may not be changed
unless authorized by the Director.
Group
2
A
number of positions in Dining and Retail Food Services to be annually determined
by the Director shall be available for eligible employees for a callback period
from fourth Sunday in June, until the end of the summer.
Employees
may use accrued vacation time but must schedule their vacations by the first
Monday in May. No vacations may be taken the last two weeks of August. Vacation
time shall be awarded on the basis of campus seniority. Once vacation time is
authorized it may not be changed unless authorized by the Director.
During
the callback period said employees shall be paid at their current
classification and grade even if they are assigned to work in a lower
classification. During peak business periods, employees assigned to lower
classifications may be assigned to work in their regular titles. Management shall
determine the number of employees needed in each classification. Employees
shall work and be compensated in accordance with Article 22 of the Collective
Bargaining Agreement. Management will make functional assignments pursuant to
Article 10, Section 2.
Group
3
A
number of employees in Dining and Retail Food Services annually determined by
the Director and selected on the basis of seniority as long as such seniority
provides adequate staffing within needed classifications, shall be subject to a
period of non-responsibility for the summer without possibility of reemployment
in their regular jobs except for a callback period from the fourth Monday in
June through the third Saturday in July.
Employees
shall accrue one month's vacation and sick
leave credits from during this period, but will not be permitted to use
previously accrued vacation, personal or compensatory
time leave credits during this period of employment. Employees may use up to
three (3) sick days during this period of employment; such usage must be
supported by a physician's note.
During
the callback period said employees shall be paid at their current
classification and grade even if they are assigned to work in a lower
classification. During peak business periods, employees assigned to lower
classifications may be assigned to work in their regular titles. Management
shall determine the number of employees needed in each classification.
Employees shall work and be compensated in accordance with Article 22 of the
Collective Bargaining Agreement. Management will make functional assignments
pursuant to Article 10, Section 2.
Group
4
By
the third Friday in April, employees shall be informed whether their seniority makes
them eligible for Groups 1, 2 or 3. Employees whose seniority does not qualify
them for jobs in Group 1 or 2 or who, although eligible for Group 1, 2 or 3, so
elect within one week after group membership is announced, will be able to
apply for the following positions in Dining and Retail Food Services or other
University departments where jobs may be made available. Employees shall be
selected for positions on the basis of campus seniority if management
determines they have the ability to do the job. Once employees have chosen a
job they shall not be able to bump into another position. The following
positions shall be available:
Annually
the Director shall determine a number of part-time (minimum 20 hours per week)
temporary jobs in Dining and Retail Food Services for a callback period
beginning the first Sunday in June. During the callback period said employees
shall be paid at their current classification and grade even if they are
assigned to work in a lower classification.
The
twenty hours shall be scheduled as straight time unless the employee requests a
split shift.
Employees
who are hired into the above described temporary jobs shall not accrue vacation
or sick leave credits and will not be permitted to use previously accrued
vacation, sick, personal or compensatory time leave credits during their
employment except, each may use one week (five consecutive days) of accrued
vacations and may use up to three (3) sick days, supported by a physicians
note. Bereavement leave may be used in
accordance with Article 11, Section 3. If management determines that the
employee can be spared, he/she will not be scheduled to work on the Saturday
and Sunday preceding and following the vacation. Selection of the vacation week
shall be by seniority to be scheduled by the first Monday in May.
Annually
by the third Monday in April the Director of Housing Services, the Director of
the Physical Plant or any other University Department that wishes to
participate in hiring Dining and Retail Food Services employees for the summer
shall determine if any full-time temporary positions are available. Positions
identified shall be paid at grade 5, step10. An interview shall be conducted.
Said
positions shall begin on the last Monday in May, and end on the first Saturday
in September.
Said
employees shall not accrue vacation or sick leave. Employees may use up to
three (3) vacation days and three (3) sick days during the period. Bereavement
leave may be used in accordance with Article 11, Section 3. Vacations
must be requested in writing at least one week in advance and approved by the
supervisor. Illness must be verified by a physician's note in order for sick
time to be used. Personal or compensatory time leave credits may not be used.
Such
employees may take vacation (using accrued leave), at their regular rate of
pay, at the end of their commitment to the position in a department outside of
Dining and Retail Food Services during the two weeks from the third Monday in
August through the first Monday in September. Such vacation must be scheduled
prior to the first Monday in August with the Auxiliary Services Human Resources
Office. If an employee elects to take vacation during this period, he/she shall
be returned to his/her regular position in Dining or Retail Food Services
effective on the first day of the vacation.
Laid
Off Employees
The
remaining employees in Auxiliary Services employed in Dining or Retail Food
Services shall be subject to a period of non-responsibility for the period of
the date of last service described above without possibility of reinstatement
in their regular jobs.
During
the period of non-responsibility, retirement,
sick leave, vacation credit and time accruals for step increases shall not accrue. The employer
shall pay its monthly percentage of the rate for the Group Heath Insurance
Plan.
Other
Conditions
The
day after Thanksgiving shall be deemed a period of non-responsibility.
The
probationary period shall not run during the period of summer employment or non-responsibility,
but shall be extended by that period. However, should the employees be hired by
the University during the period of non-responsibility, any disciplinary action imposed during that
period shall become part of the employee's personnel record. Employees may be
disciplined and discharged and in more serious instances may lose all
University employment provided such discipline,
discharge and loss of University employment is for just cause as described in
Article 28 of the Collective Bargaining Agreement. Likewise, any commendations
for good performance during that period shall become part of the employee's
record.
All
employees shall return to their regular positions on the last Thursday in
August except those in jobs in departments outside of Dining and Retail Food
Services who shall return on the first Sunday in September. They shall receive
full accruals of sick and vacation leave
for the payroll month of September.
The
Union will be supplied with copies of summer vacation requests including
vacation times granted.
A full time thirty-five (35) week employee shall be
guaranteed at least one hundred seventy-five (175) days of responsibility on which
they can report for work. Part time employees shall receive a pro rated number
of possible days for work during their period of responsibility.
SUPPLEMENTAL AGREEMENT D.
Regarding Temporary Employees
The
Union and the University agree to meet as soon as possible to bargain an
agreement covering the hiring of temporary bargaining unit employees.
SIDE
LETTERS. For The 2004-2007 Bargaining Agreement
Side Letter 1 - Parking (from 1998-2001
contract)
The
Employer and the Union agree to enter multi-union negotiations concerning
raising parking rates as soon as this Agreement is ratified. If no multi-union
negotiations take place the Union will meet with management to discuss this
matter. If on May 1, 1999, no agreement has been reached the Employer may
implement its proposal on the table at that time. The Union agrees such
implementation shall not be challenged either through a grievance or through the filing of an unfair
labor practice of other administrative or legal proceeding objecting to this
implementation.
Side Letter 2 - Picture Identification Badges