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1.1 This Agreement is made and entered into by and between the Board of Trustees of the University of Massachusetts ("Employer") and the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA ("Union") as the exclusive bargaining agent for members in the bargaining unit. Pursuant to the provisions of M.G.L. Chapter l50E and rules and regulations promulgated thereunder, the parties clearly recognize their statutory obligation to negotiate in good faith with respect to wages, hours, standards of productivity and performance and any other terms and conditions of employment. In recognition of these obligations, the parties hereby agree as follows:
2.1 The Employer/University Administration agrees to recognize the Union as the exclusive representative for purposes of bargaining for all matters pertaining to wages, hours, standards of productivity and performance and other terms or conditions of employment (including those related to the Division of Continuing Education) for bargaining unit faculty and librarians employed at the Boston and Amherst campuses of the University, including Professors; Associate Professors; Assistant Professors; Instructors; Research Professors; Research Associate Professors; Research Assistant Professors; Faculty of Stockbridge School; Program Directors (not otherwise excluded); Non-Tenure Track Faculty; Lecturers; Clinical Nursing Faculty; Faculty on Terminal Contract; Full-time Visiting Faculty, after two consecutive years of employment at the University, at the beginning of their third consecutive year of employment; Part-time Faculty pursuant to Article XXI; Faculty Members of the Campus Governance and Personnel Committees; Librarians I-V; Coaches holding Faculty rank; and "Soft Money" Faculty subject to the conditions and limitations of the controlling grant; but excluding Chancellors; Assistant and Associate Chancellors; Vice Chancellors; Assistant and Associate Vice Chancellors; Provosts; Assistant and Associate Provosts; Deans; Assistant and Associate Deans; Teaching Fellows; Teaching Associates; Students; Senior Post-Doctoral Research Associates; Senior Research Fellows; Research Fellows; Professors Emeriti who are not eligible in another category; Academic Coordinators; Directors, Deputy Associate Directors and Associate Directors of the Libraries; Chairs and Heads of Departments; Center Heads; Division Chairpersons; Ombudsmen; Extension Specialists; County Extension Agents; Visiting Faculty employed by the Federal Government; Director of Control Services; Director of the Institute for Governmental Services; Director of the Computing Center; Director of Athletics; Trainers and Physiotherapists; Director of Public Health; Director of Nursing; Director and Associate Directors of the Institute for Learning and Teaching; Director of the School of Physical Education; Adjunct Faculty; Director of the Center for International Agriculture; Associate Director of the Fine Arts Center; Deputy Associate Director of Extension Services; Director of Environmental Sciences Program; and all other employees. 2.2 In the event of the creation of a new personnel classification(s), the Employer/University Administration shall notify the Union within thirty (30) calendar days of the creation of the new personnel classification(s) and the Employer/University Administration shall inform the Union of the Employer's/University Administration's determination of the inclusion or exclusion in/from the bargaining unit. If the Union disagrees with the Employer's/University Administration's determination, the disagreement shall be submitted by the Union to the Massachusetts Labor Relations Commission within forty-five (45) calendar days of notification by the Employer/University Administration of the new classification(s) for resolution of the matter.
3.1 The Employer/University Administration shall not discriminate against any bargaining unit member with respect to wages, hours, standards of productivity and performance and conditions of employment for reasons of race, color, religion, creed, sex, age, marital status, national origin, sexual preference, mental or physical handicap, political beliefs or affiliation or membership/nonmembership in the Union. 3.2 The Union shall accept into membership and represent equally all eligible persons in the bargaining unit without regard to race, color, religion, creed, sex, age, marital status, national origin, sexual preference or mental or physical handicap. 3.3 The Employer/University Administration agrees that when the effects of employment practices, regardless of their intent, discriminate against any persons or group of people on the basis of race, color, religion, creed, sex, age, national origin or mental or physical handicap, 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 appointment, reappointment, promotion, transfer, lay-off or termination, salary and the awarding of sabbatical and other leaves. Therefore, the parties acknowledge the need for positive and aggressive affirmative action. 3.4 The provisions of this Article shall not be subject to Article XXV, Grievance Procedure.
4.1 The Employer/University Administration retains and reserves to itself all rights, powers, privileges, duties, responsibilities and authority conferred upon and vested in it by law, whether exercised or not, including but not limited to the right to operate, manage, control, organize and maintain the University and in all respects carry out the ordinary and customary functions of management and to adopt policies, rules, regulations and practices in furtherance thereof. 4.2 Except as modified by this Agreement, all rights, powers, privileges, duties, responsibilities and authority are retained by the Employer/University Administration. 4.3 The judgment of an arbitrator shall not be substituted for that of the Employer/University Administration with regard to any complaint or grievance based upon a challenge of a management right, subject to the provisions of this Agreement and to limitations as may be imposed by M.G.L. Chapter l50E as amended from time to time. 4.4 The Employer/University Administration reserves the right to initiate personnel actions. (The faculty shall review these personnel actions prior to their implementation in accordance with other provisions of this Agreement.)
5.1 The Union shall be permitted the continued right to utilize the intra- and inter-campus mail system for official Union communication. 5.2 A copy of the time, place and agenda of all Board of Trustees meetings, including committee and subcommittee meetings thereof, shall be sent to the Union concurrent with distribution to Board members. In addition, the Union shall receive copies of the minutes of all Board meetings, including committee and subcommittee meetings thereof. The Union shall be provided an opportunity to request to appear on the agenda of any regularly or specially scheduled Board meetings; such requests shall be granted at least twice each semester, provided that the requests are made at least ten (l0) working days in advance of said meetings. 5.3 In accordance with applicable state statutes, the Employer/University Administration shall make available to the Union, upon its written request and within a reasonable time thereafter, official statistics, information, records, budget data and financial data necessary for negotiations and/or the implementation of this Agreement. In each year of this Agreement, the Employer/University Administration shall furnish the Union with the following information: (a) on October l and March l, a list of bargaining unit members who are going on unpaid leaves or full-year sabbatical leaves and the dates they are scheduled to return; (b) on October l and March l, a list of bargaining unit members going to or returning from a non-bargaining unit position, including academic base salary; (c) on October 3l and March 3l, a list of bargaining unit members whose fraction of appointment has changed in such a manner that bargaining unit status is affected; (d) on or before March l, a salary list for the Boston, Amherst and Worcester campuses and the President's Office to be submitted once yearly;
(g) all officially adopted (i.e., by the Board of Trustees) long-range plans from the departments/programs/libraries/colleges, campuses, and University. 5.4 By October l and March l of each year of this Agreement, the Employer/University Administration shall furnish to the Union an updated list of the names, work addresses, work telephones, position and department/program by campus of all bargaining unit members. The Union shall receive and retain such information in accordance with the provisions of the M.G.L. Chapter 66A, Fair Information Practices Act. In addition, on October 3l and March 3l of each year of this Agreement, the names, work addresses, work telephones, position and department by campus of all bargaining unit and nonbargaining unit part-time faculty shall be similarly communicated to the Union. 5.5 The Employer/University Administration agrees to provide a reduced workload for a maximum of three (3) faculty bargaining unit members and a maximum of one (1) librarian bargaining unit member from each campus for each academic semester in which collective bargaining occurs. In the case of faculty, instructional workload shall be reduced by one (1) course per semester. In the case of librarians, release time shall be granted one and one-half (1 1/2) days per week during those weeks when bargaining occurs and one-half (1/2) day per week during those weeks when bargaining does not occur. Librarians' release time pursuant to this Section may be accumulated and used as needed. A librarian on the bargaining team who elects to fulfill his or her full time commitment in the library through rescheduling, in consultation with the Director of Libraries, rather than utilize the released time provided in Article 5.5 will receive $3000 for each semester in which bargaining occurs. Within a reasonable period after either party makes a written request for negotiations for a subsequent Agreement, the parties shall meet and discuss the implementation of the above reductions. 5.6 Any bargaining unit member whose presence is required as a witness at a meeting the subject of which deals with the administration of this Agreement pursuant to the grievance procedure as set forth in Article XXV or proceedings before the Massachusetts Labor Relations Commission pursuant to the provisions of M.G.L. Chapter 150E or proceedings before any governmental agency or any court of law pursuant to the application of the terms and conditions of this Agreement shall be afforded upon request leave with pay by the Employer/University Administration for said purposes. 5.7 One specifically designated bargaining unit member on each campus shall be granted a workload reduction for the investigation and processing of grievances and arbitrations. In the case of a faculty member, instructional workload shall be reduced by one (1) course per semester, provided the request is made at least one (1) semester in advance of the semester in which the reduction is to occur. In the case of a librarian, release time shall be granted for one (1) day per week, provided the request is made three (3) months prior to the date on which release time is to begin. 5.8 In order to enable the Union better to discharge its duties and responsibilities as the exclusive bargaining agent, the Employer/University Administration agrees to provide: (a) a reduction in the instructional workload of the President of the Union of one (1) course per semester; in the event that the President is a librarian, he/she shall receive a workload reduction of one and one-half (1 1/2) days per week; and (b) a reduction in the instructional workload of the executive officer of each chapter of one (1) course per semester; in the event that the executive officer of the chapter is a librarian, he/she shall receive a workload reduction of one and one-half (1 1/2) days per week; and (c) a reduction in the instructional workload of a Union officer (designated by each chapter's governing body) of each chapter of one (1) course per semester, provided a written request that includes a statement of purpose or activity is made at least one (1) semester in advance of the semester in which the reduction is to occur; in the event that the officer designated is a librarian, he/she shall receive a workload reduction of one and one-half (1 1/2) days per week. 5.9 Insofar as possible, bargaining unit members who are members of the Union's governing body, the Joint Coordinating Committee, shall have their workload scheduled so that they shall be available, during one day of each calendar month during the academic year, to attend the regularly scheduled monthly meeting of the Joint Coordinating Committee. In order to facilitate such scheduling, the executive officer of each chapter shall notify the chancellor in writing by the first day of the prior semester of the names of the bargaining unit members for whom the priority scheduling is requested and the day, city and time of the regularly scheduled meeting. No interference with or disruption of any semester's classes or delivery of library services shall occur as a consequence of this Section. 5.10 The Union shall be permitted to use such facilities of the Employer/University Administration for the transaction of Union business as have been used in the past for such purpose. 5.11 The Employer/University Administration will provide separate office space for the Union's exclusive use at both the Amherst and Boston campuses of the University. The offices shall be equipped with a desk and desk chair, and said offices shall be approved by the Union. There shall be no charge to the Union for such office space, furniture, utilities (not to include telephone) or other normal building support services. The University will make training in web site creation available to a Union official designated by the Union and will authorize a link from the University’s home page to that created by the Union. The Union shall assume full responsibility for the creation and maintenance of its own web site. 5.12 The Employer/University Administration and the Union guarantee that there shall be no discrimination or reprisals of any kind, subtle or overt, against any bargaining unit member because of his/her membership or nonmembership in the Union or participation or nonparticipation in Union activities. 5.13 The Employer/University Administration will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining or make any agreement with any group or individual for the purpose of undermining the Union or changing any of the terms and conditions of this Agreement. 5.14 The President, Vice President, and Grievance Officer of each chapter and the President of the Joint Coordinating Committee may each choose to be exempt from the merit award process described in Article 26. Any individual duly elected or appointed by July 1 to one of the positions designated, and scheduled to begin serving in said position by September 1, and who meets the eligibility criteria for satisfactory performance set forth in Article 26.7 shall be eligible for exemption from the merit process in that fiscal year. To be exempt from the merit award process for any fiscal year, the union officer must inform the provost in writing of his or her desire to be exempt no later than July 1 of the fiscal year or within fourteen days of the signing of this Agreement, whichever is later. Any union officer who chooses such an exemption shall, at the time of merit increases, receive a percentage salary increase equal to the percentage of the total salary pool established for such merit increases. Once a union officer has been exempted from the merit process, the exemption shall continue in effect in subsequent years unless either (a) that officer informs the provost by July 1 of his or her desire to be re-included in the merit process in the fiscal year beginning that date or (b) he or she ceases to be in a designated position by July 1 of a fiscal year. |
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