XXVI Salaries

XXVII Supplemental Compensation (Benefits)

XXVIII Maintenance of Policies

XXIX Effect of Agreement

XXX Cost Items and Appropriation by the General Court

XXVI Salaries

XXVII Supplemental Compensation (Benefits)

XXVIII Maintenance of Policies

XXIX Effect of Agreement

XXX Cost Items and Appropriation by the General Court

XXVI Salaries

XXVII Supplemental Compensation (Benefits)

XXVIII Maintenance of Policies

XXIX Effect of Agreement

XXX Cost Items and Appropriation by the General Court

XXVI Salaries

XXVII Supplemental Compensation (Benefits)

XXVIII Maintenance of Policies

XXIX Effect of Agreement

XXX Cost Items and Appropriation by the General Court

XXVI Salaries

XXVII Supplemental Compensation (Benefits)

XXVIII Maintenance of Policies

XXIX Effect of Agreement

XXX Cost Items and Appropriation by the General Court

XXVI Salaries

XXVII Supplemental Compensation (Benefits)

XXVIII Maintenance of Policies

XXIX Effect of Agreement

XXX Cost Items and Appropriation by the General Court

26.3 Effective July 7, 2002, each bargaining unit member on the payroll on July 6, 2002, who meets the eligibility criteria for satisfactory performance set forth in Article 26.7 shall receive a salary rate increase of 3% based on the July 6, 2002, salary.

26.4 Effective July 7, 2002, each bargaining unit member on the payroll on July 6, 2002, shall be eligible to receive a merit award from a 2% pool based on the total annual salary rate of all full-time employee equivalents in the bargaining unit on the payroll on July 6, 2002, calculated after the implementation of Article 26.3.

26.5 Effective July 6, 2003, each bargaining unit member on the payroll on July 5, 2003, who meets the eligibility criteria for satisfactory performance set forth in Article 26.7 shall receive a salary rate increase of 3% based on the July 5, 2003, salary.

26.6 Effective July 6, 2003, each bargaining unit member on the payroll on July 5, 2003, shall be eligible to receive a merit award from a 2% pool based on the total annual salary rate of all full-time employee equivalents in the bargaining unit on the payroll on July 5, 2003, calculated after the implementation of Article 26.5.

26.7 The portion of salary increases described in Sections 26.1, 26.3, and 26.5 shall be distributed to each bargaining unit member unless (1) the department head and department personnel committee both agree that the increase should be denied, and (2) (a) in the case of nontenured faculty members and librarians, their appointments are not being renewed and/or tenure candidates are not being recommended by the Chancellor for tenure, or (b) in the case of tenured faculty members, the procedures specified in Article 17, "Failure to Perform Minimum Assigned Duties," have progressed to the imposition of sanctions specified in Article 17.3(b). If a bargaining unit member is denied this increase, he or she may have such denial reviewed by the dean, who shall review all the circumstances of said denial. If the dean disagrees with the decision to deny the increase, the bargaining unit member shall receive the increase. If the dean agrees with the denial, the bargaining unit member may have such denial reviewed by the Chancellor, who shall review all the circumstances of said denial. If the Chancellor disagrees with the denial, the bargaining unit member shall receive the increase. If the Chancellor agrees with the denial, the bargaining unit member may have the denial reviewed by the President, who shall review all the circumstances of said denial. If the President disagrees with the denial, the bargaining unit member shall receive the increase. If the President agrees with the denial, the bargaining unit member may, with the approval of the Union, request review of the denial by a tripartite panel consisting of one member designated by the Union, one member designated by the President, and one member jointly selected by the parties from a standard list of arbitrators designated by the Chairperson of the Board of Conciliation and Arbitration. The standard of review shall be whether the Employer can demonstrate by compelling evidence that the denial of the increase was justified and that the Employer did not change its standards after the date of this Agreement in order to effect the denial. If a majority of the panel determines that the denial of the increase was not justified, the bargaining unit member shall receive the increase retroactive to the effective date. The panel's review shall be conducted on an expedited basis, without the submission of written briefs, and shall be final. The parties will share equally in the payment of the arbitrator. The amount of all increases denied, if any, shall be redistributed to each bargaining unit member on a pro rata basis.

26.8 The portion of salary increases designated as a merit pool in Sections 26.2, 26.4, and 26.6 shall be distributed in the following manner:

a) One-half (50 percent) of the merit pool available shall be distributed to bargaining unit members in accordance with Article XI or Section 20.3 to recognize meritorious performance, provided only that such awards shall not be distributed as across-the-board increases, nor shall they be limited to a predetermined percentage of bargaining unit members eligible. Such monies shall be allocated to departments/programs/libraries on a pro-rata basis of the number of full-time equivalent bargaining unit members in each department/program/library on the date of the generation of the merit pool as a percentage of the number of full-time equivalent bargaining unit members in the overall bargaining unit as of the same date.

(b) One-half (50 percent) of the merit pool available shall be awarded by the Employer/University Administration to bargaining unit members to recognize meritorious performance, after consultation with appropriate departments/programs/libraries. Thirty (30) percent of the monies from the pool specified in Subsection 26.8(b) shall be allocated to departments/programs/libraries on a pro-rata basis of the number of full-time equivalent bargaining unit members in each department/program/library as of the date of the generation of the merit pool as a percentage of the number of full-time equivalent bargaining unit members in the overall bargaining unit as of the same date. The remaining seventy (70) percent of this pool shall be allocated to appropriate schools, faculties, colleges, libraries or other analogous units on a pro-rata basis of the number of full-time equivalent bargaining unit members in each school, faculty, college, library or other analogous unit as of the date of the generation of the merit pool as a percentage of the number of full-time equivalent bargaining unit members in the overall bargaining unit as of the same date.

(c) All bargaining unit members who meet the eligibility criteria under Sections 26.2, 26.4, and 26.6, except those whose appointments are not being renewed and tenure candidates not being recommended by the chancellor for tenure, shall be eligible for merit awards, including the following:

(1) individuals funded through a grant, contract or trust fund, provided that sufficient funds are available in the account in accordance with Article 30.2;

(2) individuals on sabbatical leave, provided that payment shall be proportionate to the bargaining unit member's fraction of appointment during the term of the sabbatical leave and shall be raised to the appropriate rate of increase upon his/her return to regular duties;

(3) individuals on leave without pay, provided that payment shall not commence until regular duties have been resumed;

(4) individuals on replacement loan to other departments/programs/libraries, provided that they shall be counted for allocation purposes in the department/program/library where normally employed to the extent of the fraction of appointment in the department/program/library where normally employed.

26.9 Merit awards made pursuant to Subsection 26.8(b) shall not be subject to Article XXV, Grievance Procedure.

26.10 Part-time faculty members in the bargaining unit shall receive increases as follows:

(a) Part-time bargaining unit faculty members shall be eligible for the satisfactory performance and merit increases in this Article.

(b) The minimum per course rate paid to part-time bargaining unit members paid on a per-course basis shall be $3600 effective July 1, 2001, $3750 effective July 7, 2002, and $3900 effective July 6, 2003. The maximum per course rate paid to part-time bargaining unit members paid on a per-course basis shall be $4325 for the life of this Agreement, except that the maximum may be exceeded through salary increases for satisfactory performance or merit as described above.

26.11Effective September 1, 2001, raises for promotions shall be as follows:

Effective September 1, 2002, raises for promotions shall be as follows:

$4400 for promotion from Librarian IV to Librarian V.

Effective September 1, 2003, raises for promotions shall be as follows:

$4050 for promotion from Librarian III to Librarian IV;

$4625 for promotion from Librarian IV to Librarian V.

26.12 Salary increases made pursuant to this Article shall not be subject to the limits of the general salary scales for employees of the Commonwealth.

26.13 There shall be made available professional development and research assistance funds as follows:

1. 2% of the total annual base salary (state-funded) of all full-time employee equivalents in the bargaining unit calculated as of July 2, 2001, shall be available for professional development and research assistance.
2. An amount calculated by dividing the total in Section 26.13(a) by the number of full-time equivalent bargaining unit members on the payroll as of September 30, 2001, shall be made available to each full-time and, on a pro-rata basis, to each part-time bargaining unit member on the payroll and in the unit on that date. A bargaining unit member may request reimbursement from or expenditure of such funds for any legitimate scholarly, educational, or professional purpose, including without limitation professional travel, supplies, books, journals, and equipment.
3. Such funds may not be used to enhance salary rates or as a salary bonus.
4. Expenditure of such funds shall be in accordance with state statutes, and with all applicable state and University rules and regulations.
5. All requests must indicate the specific purpose for expenditures, and no payment will be made without all documentation required by University policies and procedures.
6. Such funds may be expended during FY01, FY02, or FY03. Deadlines for expenditure will be established by the University after consultation with the Union.
7. A joint committee, consisting of equal numbers of representatives of the FSU

1. Effective 7/1/01 and subsequent to implementation of Article 26.1 and 26.2, an increase of 3% in the current salary floors, resulting in the following new salary floors:

Lecturer: $36,191

Instructor: $39,375

Assistant Professor: $46,037

Associate Professor: $53,911

Professor: $67,237

Librarian I: $35,134

Librarian II: $40,080

Librarian III: $46,037

Librarian IV: $53,911

Librarian V: $62,390

2. effective 7/7/02, and subsequent to implementation of Article 26.3 and 26.4, an additional increase of 3% in said floors, resulting in the following new salary floors:

Lecturer: $37,277

Instructor: $40,556

Assistant Professor: $47,418

Associate Professor: $55,529

Professor: $69,254

Librarian I: $36,188

Librarian II: $41,283

Librarian III: $47,418

Librarian IV: $55,529

Librarian V: $64,262

3. effective 7/6/03, and subsequent to implementation of Article 26.5 and 26.6, an additional increase of 3% in said floors, resulting in the following new salary floors:

26.16 Payroll deduction shall be permitted for unit members who wish to participate in MTA’s VOTE, a political action committee. All payroll deductions for unit members shall be allocated in equal amounts in each paycheck. A bargaining unit member who wishes to participate must consent in writing to the authorization of the deduction from his or her wages and to the designation of VOTE as the recipient thereof. Such consent shall be in a form acceptable to the Employer/University Administration and shall bear the signature of the bargaining unit member. A bargaining unit member may withdraw his or her authorization by giving at least sixty (60) days notice in writing to his or her campus personnel office. The Employer/University Administration shall deduct contributions from the pay of bargaining unit members who request such a deduction in accordance with this Article and transmit such funds to the VOTE holding account within thirty days after the last day of the month in which the deduction is made, provided that the Employer/University Administration is satisfied by such evidence as it may require that the treasurer of VOTE has given a bond, in a form approved by the Employer/University Administration, for the faithful performance of his or her duties in a sum and with such surety or securities as are satisfactory to the Employer/University Administration. The Union will defend the Employer/University Administration against any and all claims arising from or related to this Article.

27.1 Mileage Allowances. Subject to the provisions of the Commonwealth's "Red Book"

27.2 Meal Allowance. Subject to the provisions of the Commonwealth's "Red Book" rules and regulations, a bargaining unit member who is assigned to duty that requires him/her to be absent from his/her home for more than twenty-four (24) hours shall be reimbursed for reasonable charges for lodging, including reasonable tips, and for meal expenses, including tips, not to exceed the following amounts: $25 per diem after at least twenty-four hours and $12.50 for partial days of at least twelve hours after the first twenty-four-hour period.

27.3 In the event that the Commonwealth authorizes an increase in the reimbursement rates for mileage and/or meals during the life of this Agreement, said increase shall be extended to bargaining unit members in accordance with terms established by the Commonwealth.

27.4 The Commonwealth and each covered employee shall pay the monthly premium rate for the Group Insurance Plan in a percentage amount to be determined by the General Court for the type of coverage that is provided to such employee and his or her dependents under the Plan.

27.5 Miscellaneous Benefits. The Employer/University Administration agrees to continue during the term of this Agreement those benefits presently enjoyed by members of the bargaining unit as contained in the Commonwealth's "Red Book" rules and regulations and procedures governing vacation leave, sick leave, court leave, holidays, maternity leave, personal days, etc., except as specifically modified by this Agreement.

27.6 . Liability Insurance. The Employer/University Administration agrees to continue liability insurance for bargaining unit members as is currently in effect at no cost. A copy of the liability insurance policy shall be given to the Union as a condition of this Agreement.

27.7 Retirement. The Employer/University Administration agrees to comply with all applicable provisions of the Massachusetts General Laws, including appropriate rules and regulations promulgated thereunder, with respect to retirement membership, rights and benefits for bargaining unit members.

27.8Sick Leave Bank.

(a) The Sick Leave Bank established under the predecessor Agreement will be maintained on the Amherst and Boston campuses for the benefit of bargaining unit members who have chosen, pursuant to these policies and procedures, to be members thereof; bargaining unit members who are members of a Sick Leave Bank on the effective date of this Agreement shall remain members unless they choose to withdraw or fail to meet the continuing requirements for membership.

(b) During the month of October, a bargaining unit member may become a member of a Sick Leave Bank by assigning one or more day(s) of accumulated personal sick leave to the bank. Forms for this purpose shall be made available in the campus personnel office. Bargaining unit members may also become members of a Sick Leave Bank under the following circumstances:

(1) A bargaining unit member first employed after October may become a member on or before the date on which such bargaining unit member first accrues personal sick leave.

(2) A bargaining unit member who was on sabbatical leave or leave without pay during the fall semester may request membership in a Sick Leave Bank within three (3) weeks after returning from leave.

(3) A bargaining unit member who can present a doctor's letter stating that he/she was unable because of sickness to apply in October will be admitted to a Sick Leave Bank upon receipt of such letter by the personnel office, provided that such letter is submitted no later than December 1 of that same year.

(4) In other cases, the campus director of personnel will have the authority to grant a waiver of the October deadline. A decision against granting a waiver may be appealed to the Sick Leave Bank Committee (constituted below); the decision of that committee shall be final and binding and shall not be subject to Article XXV, Grievance Procedure. No bargaining unit member shall be entitled to become a member of a Sick Leave Bank except as provided in this section.

(c) The campus personnel office shall provide to the Union a membership listing and the number of sick leave days accumulated in the Sick Leave Bank by November 30 and March 30 of each year of this Agreement.

Decisions of the Sick Leave Bank Committee made under this section shall be final and binding and shall not be subject to Article XXV, Grievance Procedure.

(e) A member of a Sick Leave Bank drawing upon the Bank who is also entitled to accumulate sick leave in accordance with University policy shall continue to do so except that the amount of such sick leave shall accrue in its full amount to the Sick Leave Bank and not to the member.

(f) A department chairperson/head or the Sick Leave Bank Committee may request at any time (and, upon the written request of the President of the Union, shall require) that any member who is drawing sick leave from a Sick Leave Bank submit a physician's statement certifying the medical ground for sick leave. Any such member who thereafter fails or declines to submit such a letter shall not be entitled to draw sick leave from the Sick Leave Bank for so long as he/she fails to submit the requested certification.

(g) A member of a Sick Leave Bank who receives workers' compensation may not draw upon the Sick Leave Bank to supplement such compensation.

(h) Whenever the accumulation of sick leave days in the Sick Leave Bank shall fall below one hundred (100) days on the Amherst campus or fifty (50) days on the Boston campus, the campus personnel office shall no notify Sick Leave Bank members. Any members wishing to retain membership shall within twenty-five (25) days after such notice assign one or more additional day(s) of accumulated personal sick leave to the Sick Leave Bank on the form to be distributed with the notice. However, any member wishing to retain membership and who shall have exhausted accumulated personal sick leave on the date of such notice shall assign such additional day(s) within twenty-five (25) days after the date on which such member is again entitled to personal sick leave; provided further, that such member shall retain all rights in the Sick Leave Bank until such period for assigning an additional day shall have expired.

(i) On each campus, the Employer/University Administration and the Union shall provide two (2) members of a Sick Leave Bank Committee, which shall be responsible for managing the campus Sick Leave Bank and carrying out the responsibilities mandated in this Article during the term of this Agreement; its decisions shall be final and binding and shall not be subject to Article XXV, Grievance Procedure. The Committee may also recommend changes in Sick Leave Bank procedures, which shall, upon acceptance by the Employer/University Administration and the Union, become part of this Agreement.

(j) The Employer/University Administration agrees to maintain an account of the Sick Leave Bank's assets on each campus.

27.9 Health and Welfare Trust.

1. The Employer and the Union agree to continue the Health and Welfare Fund in effect as of the date of this Agreement. The board of trustees of the Health and Welfare Fund composed of an equal number of representatives of the Employer and the Union, 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 bargaining unit members and/or their dependents.
2. Effective July 1, 2001, the Employer agrees to contribute to the Health and Welfare fund on behalf of each full-time equivalent bargaining unit member the sum of nine dollars ($9) each calendar week. Effective July 7, 2002, the

The amount of contributions for each fiscal year shall be based on the number of full-time equivalent bargaining unit members as of the last payroll period in the month of October; provided, however, that for non-state funded bargaining unit members the number of full-time equivalent bargaining unit members may be surveyed quarterly during such fiscal year.

(c) No dispute over a claim for any benefits extended by this Health and Welfare Fund shall be subject to Article XXV, Grievance Procedure.

(d) 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 bargaining unit member claiming any of the benefits extended by the Health and Welfare Fund; such liability shall be limited to the contributions indicated under Subsection 27.9(b).

27.10 Tuition Remission. The Board of Trustees Systemwide Tuition Remission Policy for Higher Education Employees in effect on July 1, 1986, will remain applicable to bargaining unit members during the life of this Agreement. Neither this Policy, its application, nor its procedure shall be subject to the provisions of Article XXV, Grievance Procedure.

27.11 The Employer/University Administration agrees to continue during the term of this Agreement the current voluntary Dependent Care Assistance Plan (DCAP) which complies with the requirement for federal tax deductibility.

27.12 The parties agree to the implementation of Trustee Policy #T93-123, "Family Leave Policy," for bargaining unit members.

27.13 Longevity Bonus Payment. At the time of retirement, bargaining unit members shall be entitled to a longevity bonus payment in the amount of l.5 day's pay for each year of service, including all paid leaves.

27.14 Parental Leave. Effective July 1, 2001, full-time tenured and tenure-track faculty members and librarians on multi-year contracts who become biological or adoptive parents of a child under five years of age shall receive, upon request, a one-semester paid leave. During that semester, which shall be the semester in which the child’s birth or adoption occurs or an adjacent semester, the faculty member or librarian shall be required to use his or her accrued sick leave. Any otherwise eligible faculty member or librarian with insufficient accrued sick leave may draw against the sick leave bank. FMLA leave shall run concurrent with such parental leave, and no affected faculty member of librarian may use sick leave or the sick leave bank to extend this leave, unless such an extension is medically indicated. Any faculty member or librarian taking such a leave must join the sick leave bank prior to commencing the leave and must return for one year of full-time service. Parental Postponement of TDY. A non-tenured faculty member who becomes the biological or adoptive parent of a child under five years of age may, at his or her discretion, delay for one year his or her tenure decision date. A faculty member choosing to exercise this option shall notify the department chair, in writing, no later than six months after the birth or adoption of the child or, if the faculty member takes a leave as described in the paragraph above, no later than two months after the conclusion of the leave. A faculty member may apply for such a delay for the birth or adoption of subsequent children; the decision about whether to approve such additional request(s) shall be entirely within the discretion of the department chair. Child Care. The parties agree to establish a joint committee, comprised of equal numbers of representatives of the Amherst campus administration and the Union, to discuss the 1998 Report of the Campus Child Care Planning Committee and the implementation of the recommendations contained therein.

28.1 During the life of this Agreement, the following policies for bargaining unit members will be maintained:

(a) policy on sabbatical and other leaves (as amended);

(b) policy on sabbatical leave for librarians (as amended) and University policy on short-term professional leave (T73-090, section entitled: "Professional Improvement," excluding paragraphs A, B and C), applicable only to bargaining unit librarians;

(c) policy on tuition waivers for employees (as amended); and

(d) policies on "Intellectual Property," "Conflicts of Interest Relating to Intellectual Property and Commercial Ventures," and "Faculty Consulting and Outside Activities."

(e) policy on additional faculty compensation (T01-012). [T86-087 is hereby rescinded.]

28.2 The parties agree to open negotiations, at the request of either the University or the Union, with respect to the terms and conditions of employment related to distance learning performed by bargaining unit members at both campuses and to any or all terms and conditions of employment related to courses taught in the Division of Corporate, Continuing, and Distance Education at the Boston campus.

28.3 The parties agree to establish a joint committee, comprised of equal numbers of representatives of the University and the Union, to explore the possibility of revisions in the sabbatical leave policy aimed at reducing costs associated with such leaves and to reopen negotiations on this matter if there is mutual agreement that the work of the committee so warrants.

28.4 The parties agree to establish a joint committee, comprised of equal numbers of representatives of the Amherst campus administration and the Union, to explore issues related to spousal and domestic partner employment on that campus and recommend any appropriate changes in personnel policy, and to reopen negotiations on this matter if there is mutual agreement that the work of the committee so warrants.

1. The parties will discuss the development of a process for salary anomaly adjustments for the Boston campus, but no such adjustment(s) will be made absent agreement of both parties.

ARTICLE XXIX
EFFECT OF AGREEMENT

It is acknowledged that during the negotiations that resulted in this Agreement the Union had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining. Therefore, for the life of this Agreement, this Agreement shall constitute the total agreement between the parties and the Union agrees that the Employer/University Administration shall not be obligated to any additional collective bargaining.

30.1 The cost items contained in this Agreement (including Articles 26.1 through 26.8, 26.13, and 27.9) are specifically subjected to additional, complete and identifiable appropriation by the General Court and shall not become effective unless the appropriation necessary to fund fully such cost items has been enacted in accordance with Massachusetts General Laws, Chapter 150E, Section 7 and allocated by the Governor to the Board of Trustees, in which case the cost items shall be effective on the dates provided in this Agreement.

30.2 All bargaining unit members 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.

30.3 The Employer/University Administration 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 cost items shall be returned to the parties for further bargaining.