articles16

16.1 Academic administrative officials who wish to teach and/or perform any other form(s) of bargaining unit work may do so in coordination and with the approval of the department involved, but in no case if it jeopardizes the employment of current bargaining unit members.

16.2 Graduate students are granted teaching and research assistantships and associateships for the purpose of providing financial support and training for the individual graduate students, enhancing the overall graduate programs of the University and providing academic support for faculty. These considerations shall constitute the primary rationale for the distribution of such support among the academic departments and the assignment of the individual graduate students. Such distribution and assignment shall not be affected in such a manner as to displace an incumbent bargaining unit member.

ARTICLE XVII
FAILURE TO PERFORM MINIMUM ASSIGNED DUTIES

17.1 Subject to the provisions of this Agreement, in cases where an individual faculty member/librarian fails, in the opinion of the Employer/University Administration, to perform minimum assigned duties (for example, for faculty engaged in instructional duties, failure such as but not limited to not meeting classes, not keeping office hours, or not advising students; for librarians, failure such as but not limited to not meeting pertinent schedules of work), the following procedures shall apply.

17.2 When an appropriate academic administrative official is concerned about a faculty member's/librarian's alleged failure to perform specific minimum assigned duties, the appropriate academic administrator shall informally discuss the matter with the affected faculty member/librarian.

17.3 In the event that the matter has not been resolved pursuant to Section 17.2 and, in the judgment of the Employer/University Administration, the faculty member/librarian has not shown improved performance relative to the alleged failure to perform specific minimum assigned duties, the following actions may be taken:

(a) The faculty member/librarian will be notified in writing by the appropriate academic administrative official of the specific minimum assigned duties that the faculty member/librarian has allegedly failed to perform. Said notice shall include the factual basis for the allegations.

(b) If, in the opinion of the Employer/University Administration, the faculty member/librarian continues to neglect his/her specific minimum assigned duties after a reasonable period of time, the appropriate academic administrative official shall notify the faculty member/librarian in writing that he/she is being penalized financially in an amount not to exceed one (1) percent of the individual's base annual salary.

(c) If, in the opinion of the Employer/University Administration, the faculty member/librarian continues to neglect his/her specific minimum assigned duties after the imposition of the penalties imposed under Subsection 17.3(b) and after a reasonable period of time, the appropriate academic administrative official shall notify the faculty member/librarian in writing that his/her appointment will be reduced by an amount commensurate with the proportion of specific minimum assigned duties not being performed.

(d) Appropriate actions taken under Subsections 17.3(b) and (c) may be retroactive to the date of the first written notice to the faculty member/librarian.

17.4 Any action taken under this Article shall be taken only for just cause. This Article shall be utilized only in rare instances and for demonstrated and continued failure to perform minimum assigned duties.

ARTICLE XVIII
SUSPENSION AND TERMINATION FOR DISCIPLINARY REASONS

18.1 The appointment of a faculty member/librarian may be suspended or terminated if there is found to be just cause for such action(s). Suspensions for failure to pay the agency fee required by Article VII, Agency Fee, are not covered by this Article; such suspensions are covered in Article VII, Agency Fee.

18.2 Activities of a faculty member/librarian protected by the principles of academic freedom incorporated into Article VIII of this Agreement shall not constitute just cause for suspension or termination.

18.3 Until the final decision on suspension or termination of a faculty member/librarian has been reached, the faculty member/librarian shall continue at full pay. If in the judgment of the Employer/University Administration the continued service of the bargaining unit member would do serious harm to the University, the bargaining unit member may be relieved of duties.

18.4 A faculty member/librarian on an academic year appointment who is finally determined to have been terminated shall receive compensation equivalent to the proportion of the academic year served at the time that the determination becomes final.

18.5 Suspension or termination for just cause shall be made consistent with due process standards. Termination for just cause shall be governed by the following procedure:

DISMISSAL HEARING PROCEDURES

Dismissal of Faculty Members and Librarians

These procedures shall apply to all instances where dismissal of a faculty member or librarian is being considered except those covered by the "Procedures for Dealing with Charges of Misconduct in Research and Scholarly Activities at the University of Massachusetts at Amherst" (Trustee Document T91-035A), the "University of Massachusetts at Amherst Sexual Harassment Policy," or the "Sexual Harassment Grievance Procedures" in the University of Massachusetts at Boston Affirmative Action Plan. Dismissal, defined as termination of the employment of a faculty member with tenure or a librarian with renewal rights, or of any unit member before the end of a specified term of appointment, may be effected by the University for just cause. Except for serious misconduct, progressive discipline shall ordinarily be applied which may include specific attempts to remediate conduct or performance, as well as measures such as reprimand, censure, or suspension.

Just cause for dismissal will be related to the fitness of the faculty member or librarian in his or her professional capacity, and may include, but not be limited to, demonstrated substantial and manifest neglect of duty or failure to perform one’s duty, severely inadequate performance, or egregious misconduct that substantially impairs the individual’s fulfillment of his or her institutional responsibilities. In all cases of substandard performance, the University will make attempts at remediation prior to invoking dismissal procedures.

Dismissal procedures will not be used to restrain faculty members or librarians in the exercise of their academic freedom, or in the exercise of any other rights they possess as members of society.

Dismissal Procedures

Initiation of the Process

The formal initiation of the process for dismissal shall come from the Provost. (This duty may be delegated by the Provost or the Chancellor to another officer. Such officer acting as charging party shall hereinafter be referred to as the "Provost.") Throughout all stages of this procedure up to the appointment of a Hearing Panel, the Provost shall remain the officer in charge.

Informal Resolution Process

It is the declared objective of the University and the Union to encourage the prompt resolution of potential causes for dismissal in the interest of maintaining harmony within the campus environment. Whenever practicable, before a formal recommendation for dismissal is initiated, every effort should be made to resolve or remediate the problem. Unless the individual concerned requests otherwise, the following efforts to resolve the problem will be undertaken in all cases where the issue is the individual’s performance and may be undertaken at the University’s discretion in other instances. The department personnel committee, the department chair or head, the individual concerned, and his or her union representatives may review the matter and explore a mutually acceptable resolution of the matter. The Provost and/or appropriate dean may, upon request of the department personnel committee, the department chair or head, the individual concerned, or the union representatives, join in the discussions about resolving the matter. Informal attempts at resolution shall not extend beyond thirty days without the written agreement of the individual concerned and the Provost.

Filing of Formal Charges

If attempts at resolution of the problem fail at the informal level, and the Provost decides to proceed, he or she shall make a formal recommendation for dismissal of the individual concerned, and shall give written notice to the individual employee and to the MSP/FSU, stating the explicit charge against the employee. The written notice shall be given within ninety days after the University becomes aware of the matters giving rise to the charge, but this period may be extended for an additional thirty days in order to conduct the informal resolution process. The written notice shall contain:

a detailed statement of the charges, with reasonable particularity;
as to each charge, the names of the witnesses, insofar as known, who will testify in support of the specific allegations; and
insofar as known, the documentary evidence which will be presented.

The individual may submit his or her response to the charges, which shall become part of the record. The charges in support of the recommendation for dismissal may be added to or enlarged upon if investigation or review brings forth additional charges.

In cases of consideration of dismissal for performance as opposed to misconduct, Sections D, E, and F below shall apply. In all other cases, the process shall move immediately to Section G. The Provost, in his or her written notice under Section C above, shall indicate whether the case is unrelated to performance and is to be moved directly to a hearing under Section G. If the individual concerned disagrees with the Provost’s determination as to the nature of the case, the matter shall be referred to the individual’s department personnel committee for resolution. The personnel committee shall be limited to a determination as to the nature of the case and the resultant procedure to be followed.

Preliminary Review by the Department Personnel Committee

If the Provost decides to proceed, he or she will refer the charges to the department personnel committee (DPC) for a preliminary review. The DPC will review the charges, and all available information, and make its written report to the Provost. The report of the DPC may contain a specific recommendation and shall remain part of the documentation brought forward with the charges should the Provost decide to proceed.

Preliminary Review by the College Personnel Committee

If the Provost decides to proceed after receiving the report of the DPC, the Provost will refer the charges to the college personnel committee (CPC) for a preliminary review. The CPC will review the charges, and all available information, and make its written report to the Provost. The report of the CPC may contain a specific recommendation and shall remain part of the documentation brought forward with the charges should the Provost decide to proceed. On the Boston campus, the preliminary review called for in this subsection shall be conducted by the CPC members in residence from the previous year, excluding any members of that CPC who are also members of the department/center/program of the charged individual or who are members of the CPC in the current year.

Provost’s Decision to Proceed

Within fourteen days after receipt of the CPC’s report, the Provost shall decide whether to go forward with the dismissal process, and provide a written copy of his or her decision to the DPC, the CPC, the individual concerned, and the MSP/FSU. If neither the DPC nor the CPC has recommended dismissal, and the Provost decides to proceed, he or she must provide compelling reasons in written detail for doing so. The individual concerned may be relieved from any or all academic duties during the proceedings if the Provost believes this to be in the best interest of the University. Such relief of duties shall be without loss of compensation and without prejudice.

Hearing Procedures

If the Provost decides to proceed, he or she shall provide a written copy of his or her decision to the individual concerned and to the MSP/FSU.

Convening of the Hearing

Within fourteen days after the Provost’s decision to proceed, a Hearing Panel shall be appointed, as follows.

The Provost and the MSP/FSU shall conduct a random drawing of the names of all CPC members, placing the names on a roster in order of drawing. This shall be the order in which members will be selected for service on the Hearing Panel. The Hearing Panel shall consist of five tenured faculty members or librarians selected in order from among all CPC members, and two alternate members. However, on the Boston campus, selection shall be subject to the limitation that no more than three members of the Hearing Panel will be from the College of Arts and Sciences (CAS), and no more than two members of said Panel will be from any other college. The expiration of a member’s term on the CPC shall not affect continued service on a Hearing Panel.
No sooner than one week after the circulation of the ordered roster:

on the Amherst campus, the first ten CPC members on the ordered roster who are not members of the CPC of the college of the charged individual shall meet in the presence of the parties to select the Hearing Panel;
on the Boston campus, the first twelve CPC members on the ordered roster shall meet in the presence of the parties to select the Hearing Panel.

On the Boston campus, in proceeding through the roster to select members of the Hearing Panel, if a point is reached where three Panel members are faculty from CAS, then no additional faculty on the roster from CAS will be included on the Panel; and if a point is reached where two members of the Panel are faculty from one of the other colleges, then no additional faculty member on the roster from that college will be included on the Panel. If the Hearing Panel does have either three members from CAS or two members from one other college or both, then both of the alternates cannot be from the college that is at its limit. If an alternate is needed to replace a member of the Panel, that alternate must be chosen so as not to exceed the per college limits on the Hearing Panel.
Any potential Hearing Panel member may request in writing that he or she be excused for appropriate reason. Requests to be excused shall be the first order of business during the meeting referenced above. The remaining members shall, if necessary, question a member requesting an excuse and then decide whether to grant the excuse. The remaining members shall select one member who will question each potential Hearing Panel member as to the extent of his or her personal or professional relationships with either party, and whether there is any reason he or she would be unable to hear the case fairly and impartially and render a fair and impartial recommendation. Additional questions may be submitted by the parties to the member conducting the questioning. Any members not excused shall have the opportunity to suggest further questions to be asked. The member conducting the questioning may disallow any questions on grounds of lack of relevance. Another member will be selected to question the member conducting the questioning according to the same process.
Each party shall have an unlimited number of challenges for cause. If a party challenges a member of the Hearing Panel roster for cause, the party shall state the grounds for the challenge. The standard to be followed in ruling on for cause challenges is whether in light of the challenged person’s knowledge of the case, personal or professional relationships with a party, and statements made during the selection and challenge process, the committee member is able to fairly and impartially hear the case and render a fair and impartial recommendation. The challenge for cause shall be ruled on by the remaining members. Each party shall have one peremptory challenge. Peremptory challenges shall follow challenges for cause.
If a member is removed from the Hearing Panel under these provisions, the next name on the ordered roster will be advanced to keep the Hearing Panel at five members, with two alternate members. All such replacements are subject to the same process described above. Should the pool of candidates at the selection meeting be reduced to less than five plus two, the pool shall be replenished by adding the next name(s) from the CPC ordered roster. Selection of additional Hearing Panel members shall proceed in the manner outlined above. The Hearing Panel shall be composed of the first five CPC members from the ordered roster remaining, and the next two shall serve as alternates. In addition, the Provost shall designate a dean (not from the college of the individual concerned) who shall serve as an ex officio member of the Hearing Panel. The designated dean shall participate in all proceedings and deliberations of the Hearing Panel, but shall not vote.
All five members and two alternates shall attend all proceedings, but alternate members shall not be involved in deliberations or recommendations. If a Hearing Panel member is unable to continue service on the Panel, the Hearing Panel shall designate an alternate to serve. If this occurs before the hearing of evidence, a new alternate shall be designated by the Panel from the ordered roster using the same procedure described above. If, due to attrition, the Hearing Panel membership is reduced to four after hearing evidence has begun, the hearing process shall continue. Further attrition shall result in cancellation of further hearings and reinitiation of the process.
A detailed, confidential record of the Hearing Panel selection process shall be kept, and shall include names of all participants and their relations to the case.

The Hearing Process

The Chair of the Hearing Panel, who shall be selected by majority vote of the Hearing Panel, shall be in charge of all subsequent stages in the hearing process, and may vary the following procedures as justice and due efficiency may require. The University will bear any costs of the hearing procedure, except that the individual concerned will be responsible for any fees he or she incurs for counsel, expert witnesses, and other defense expenses.
Within seven days of the selection of a Hearing Panel, written notice of the specific charges will be given to the individual. If the individual concerned waives his or her right to appear, or refuses to participate in the hearing in person or in writing, the Hearing Panel will evaluate all available evidence, and will rest its recommendation upon the evidence in the record.
The hearing will be closed unless the individual concerned requests in writing that it be open.
During the hearing, the individual concerned will be permitted to be represented by an academic advisor, a Union representative, or a personal advisor. Representation by an attorney will not be permitted, except that the charged individual may be accompanied and advised by legal counsel only when criminal charges involving the same issues as the disciplinary charges are pending against the individual. In such a circumstance, the Provost may likewise be accompanied and advised by legal counsel. Legal counsel may not speak on behalf of either party. The Provost may be accompanied by or represented at the hearing by a designee. At its request, the Union may additionally have two representatives observe the proceedings, and the individual may, at his or her request, have one personal or academic advisor in attendance as an observer. Each side shall prior to commencement of the hearing notify the Chair of the Hearing Panel as to the identity of the person who will speak for each side and any other individuals who will be present. Unless permitted in the discretion of the Hearing Panel, only one person shall speak for each side, in presenting evidence, or cross-examining witnesses, or making opening or closing statements.
A tape recording of the hearing or hearings shall be made and shall be provided to the individual promptly upon request. If a transcript is mutually desired the cost shall be shared equally; otherwise, either party requesting a transcript shall bear the cost.
The burden of proof that just cause exists rests with the Provost.
The individual concerned will be afforded an opportunity to obtain all relevant witnesses and documentary or other evidence, and the administration of the University will attempt to secure the cooperation of such witnesses and make available all relevant documents and other evidence within its control.
The Chair of the Hearing Panel may grant adjournment to enable either party to investigate evidence as to which a valid claim of surprise is made.
The Provost and the charged individual shall have the right to confront and cross-examine all witnesses. No anonymous material will be introduced into evidence; in this regard, student evaluations of teaching pursuant to Articles 21.7, 21.9, 33.6, and 33.8 shall not be considered anonymous material.
The Hearing Panel will not be bound by strict rules of legal evidence. The Hearing Panel will make all determinations about relevance of testimony and witnesses, and will rule on all interpretations of rules, regulations, and policies and any requests that are made during the hearing.
The Hearing Panel will conduct a fair and impartial hearing which ensures the rights of all parties involved; will receive and consider relevant evidence which reasonable people customarily rely upon in the conduct of serious business; will ask relevant questions of the Provost, the individual charged, and any witnesses if needed to elicit information which may assist in making a recommendation; and will ensure that the Provost and the individual have full opportunity to present their claims orally or in writing, to present and cross examine witnesses, and to present evidence which may establish their claims.
The findings of fact and the recommendation will be based solely on the hearing record.
Unless the individual concerned requests otherwise, except for such simple announcements as may be required covering the time of hearing and similar matters, public statements and publicity about the case by the Hearing Panel, the individual concerned and his or her representatives, and the administration will be avoided until the proceedings have been completed and a recommendation reached. The appropriate chancellor, the individual concerned, and the MSP/FSU will be notified of the recommendation in writing and will be given a copy of the record of the hearing.
Conduct of the Hearing

The Chair of the Hearing Panel shall be in full charge of the hearing.
Hearing sessions may be scheduled, at the discretion of the Chair of the Hearing Panel, on any weekday during the academic year during the hours from 8:00 a.m. to 6:00 p.m. or, by unanimous consent of the parties, at other times or during other periods.
The Chair of the Hearing Panel shall read the specification of charges against the individual.
The Chair of the Hearing Panel shall request the individual to submit a brief response to the charges, indicating whether the specifications are admitted or denied.
Brief opening statements will be permitted.
The Provost shall present testimony to support the charges. The individual concerned and his or her advisor or Union representative shall have the right to cross-examine witnesses and present evidence in response to the charges. The Provost shall have the right to cross-examine the individual’s witnesses.
After the case of the individual, the Provost may present rebuttal evidence. Rebuttal evidence shall be limited to new matters brought forth in the individual’s case. Surrebuttal evidence (limited to evidence rebutting the charging party’s rebuttal evidence) shall be allowed.
The provost may present closing arguments.
The individual concerned or his or her advisor or Union representative may present closing arguments.
The Hearing Panel shall adjourn the hearing and shall thereafter prepare its findings and conclusions in the form of a written report. The oral deliberations of the Hearing Panel shall be confidential.

The Hearing Panel’s Report; Chancellor’s Decision

The Hearing Panel shall report to the Chancellor within thirty days after the conclusion of the hearing, or as soon thereafter as possible. The Hearing Panel shall determine, with supporting reasons as to each charge, whether the administration by a preponderance of the evidence has proved that the conduct as charged occurred, and if so, whether it (a) merits dismissal or (b) does not merit dismissal. If the Hearing Panel concludes that the conduct does merit dismissal, but that there are circumstances that warrant clemency, it will so recommend. If the Hearing Panel concludes that the conduct does not merit dismissal, it may recommend (a) that the conduct does not merit any disciplinary action or (b) a lesser penalty than dismissal.

The Chancellor shall not be limited in his or her decision to the recommendation of the Hearing Panel, but shall provide a statement of compelling reasons in written detail if he or she decides to impose a sanction more severe than that recommended by the Hearing Panel. Such decision shall be rendered within seven days of receipt of the Hearing Panel’s report, and the Chancellor shall promptly notify the individual concerned, the Provost, the Hearing Panel, and the MSP/FSU of his or her decision in the case, together with reasons therefor if he or she does impose a penalty. The decision of the Chancellor shall be final, subject only to review by the President or designee as hereinafter provided, judicial review or grievance procedures available under existing collective bargaining agreements. The MSP/FSU shall have the sole right, within thirty days of receipt of the notification of the Chancellor’s decision, to initiate final and binding arbitration of said decision under the provisions of Article 25.5(c).

Review by the President or Designee

Within five days of receipt of the Chancellor’s decision, the individual may appeal the Chancellor’s decision to the President or designee. After reviewing the written record, the President or designee shall, within thirty days, render a written decision either concurring with the Chancellor’s decision or remanding the matter to the campus for reconsideration at the appropriate level(s), as specified by the President. The timelines set forth in this article for such level(s) shall then apply. A matter may only be remanded to the campus once. If such an appeal is made to the President or designee, the thirty-day period for filing for arbitration shall begin on the date the President or designee’s decision is received or the due date for such decision, whichever shall occur first.

Time Limits

Expeditious completion of these procedures is in the best interests of all parties concerned. The time limits specified are desired. The Provost, Hearing Panel, or Chancellor, as appropriate, may, upon request or his, her, or its own initiative, extend for compelling cause, any of the foregoing time limits.

Trustee Policy

This Agreement supercedes and replaces Trustee Policy #T64-061, which is hereby rescinded as it applies to bargaining unit members.

Implementation

The parties agree to the creation of a joint committee on each campus to devise

implementation guidelines to address such issues as timelines and quorum provisions, and to discuss the relationship of this process to the process described in Article 17.

Removal of Principal Investigators

Funded activities with contracted obligations under the direction of a principal investigator or project director are normally appropriately viewed as work products of those who have secured funding in these roles. These activities will include, but not be limited to, research grants, training grants, education grants, conference grants, and unrestricted donations or grants for unspecified research or consultation in designated areas. From time to time, issues arise concerning the discharge of contracted obligations that can have serious consequences for the University, its officials, faculty, and students who are involved. There may be occasions such as issues concerning misconduct, incapacitation, or resignation, which could appropriately result in removing a principal investigator or project director from a position of primary responsibility in fulfilling funded obligations, or not allowing a successor grant application to be made. The intention of this policy is to specify the procedures for dealing with such circumstances in a way that preserves the rights and responsibilities of all concerned parties (including funding sources). No principal investigator or project director will be involuntarily removed from grantee status or disallowed opportunity to renew grantee status except in conformance with the procedures below.

For the purposes of this policy, the line of administration will be considered to go from the faculty member to the head, chair, or director of his or her department or program, then to the dean of the appropriate college, and then to the Vice Chancellor for Research or similar position. Hereafter, "grantee" will refer to any principal investigator, any pair (or larger group) of principal investigators, or any project director or pair (or larger group) of project directors.

Procedures:

In the event that anyone has concerns about the conduct of a grantee in the performance of a grantee’s funded obligations, those concerns shall be directed in writing to the head, chair, or director of the grantee’s department or program, who will then initiate an informal meeting with the grantee to discuss the situation. At this point in the process, the head, chair, or director will discuss the situation without identifying the person or agency that has brought forward the concerns. This initial step should be regarded as a primarily informal attempt at a quick resolution of issues.

If the situation cannot be resolved informally to the satisfaction of both parties (the head, chair, or director and the grantee), the head, chair, or director will inform the grantee in writing of the concerns that were previously discussed informally, as well as detailing the origins of the concerns, and may suggest formal steps to be taken to deal with the concerns that would be satisfactory. At this point, the Vice Chancellor for Research or similar position may seek input from the sponsor. The grantee shall make any response in writing within two weeks after receiving written notice of the concerns. If the outstanding issues are not resolved by this exchange to the satisfaction of both parties, and cannot be resolved within two additional weeks by a further exchange of letters, then either party can request that the file of letters be forwarded to the dean. The dean will initiate an informal meeting with the grantee and the head, chair, or director in an effort to negotiate a settlement. If the dean cannot negotiate a mutually agreeable settlement within one month of receiving the case, the file will go forward with a narrative letter reporting the efforts attempted and their failure, along with any comments, to the Vice Chancellor for Research or similar position.

When the file reaches the Vice Chancellor for Research, a final attempt at a mutually agreeable informal settlement may be made by the Vice Chancellor for Research. If this fails, or if the Vice Chancellor does not believe that an informal settlement is possible, he or she shall, within one month of receiving the case and with the concurrence of the Research Council at the Amherst campus (and through an analogous procedure at the Boston campus to be determined by the Union and the Administration), appoint a hearing panel of five tenured faculty members not from the same school who have been extramural grantees of some kind during the past seven years to settle the disagreement. The Vice Chancellor will appoint the chair of the hearing panel. The hearing panel will meet within one month of their appointments. After hearing from all parties in an appropriate hearing procedure, to be concluded within one month of the initial meeting and to be determined by agreement between the hearing panel and the Vice Chancellor for Research after consultation with all parties, the hearing panel will issue its written recommendation, based on a majority decision, to the Vice Chancellor for Research and all parties within one month after the hearing ends. The recommendation, with explanation of reasons, will be either that no change in the management of the funded activity be made, or that the Vice Chancellor work with the funding agency and any campus agencies involved to negotiate a change in funding responsibilities. The decision of the Vice Chancellor for Research will be made within two weeks of receipt of the hearing panel’s recommendation and will be binding on all parties, as will the results of any negotiations concluded by the Vice Chancellor for Research after a recommendation for change.

Timelines:

Every effort should be made to observe the timelines above, which may nonetheless be extended by mutual agreement.

ARTICLE XIX
WORKING CONDITIONS

19.1 . The Employer/University Administration agrees to provide working conditions that meet health and safety standards provided for in applicable state and federal statutes. When a condition is found not to meet such standards, the Employer/University Administration agrees to remedy such conditions as soon as possible and within budgetary constraints; provided further, however, that no bargaining unit member shall be compelled to work under conditions which confront him/her with an imminent safety and/or health danger.

19.2 Subject to the availability of funds, the Employer/University Administration agrees to continue to provide overall support services at least at a level commensurate with those currently in effect for bargaining unit members.

19.3 The Employer/University Administration agrees to provide to the Union on an annual basis an accounting of the sources and distribution of indirect funds derived from the procurement of grants and other external funding awards.

19.4 During the period following the negotiation of this Agreement, the parties will, jointly with other Boston campus unions which choose to participate, engage in negotiations about proposed increases in the parking fees. If these negotiations do not produce an agreement by December 1, 2001, the University shall have the unchallenged right to implement, effective January 1, 2002, its last best offer or the rate structure proposed by the University on April 30, 2001, whichever of the two is deemed preferable by the Union. Duly elected or appointed student representatives will be invited to attend the negotiation sessions concerning this issue.

19.5 Parking rates on the Amherst campus shall be governed by the terms of the agreement reached between Amherst campus unions and the University in May 1999.

ARTICLE XX
LIBRARIANS

20.1 The Employer/University Administration recognizes that professional librarians are a closely allied group whose ultimate academic support function of aiding and furthering the educational and scholarly goals of the University in its three-fold educational mission of teaching, research and service, converges with that of the faculty, although pursued through different means and in a different manner.

20.2 Definitions

20.2.1 Librarian is defined as a bargaining unit member with the title of Librarian I, II, III, IV or V.

20.2.2 Professional librarian work experience, as used in this Article, is defined as employment at an academic, research or specialized library in a job capacity recognized as professional.

20.2.3 Total years of previous experience, as used in this Article, is defined as years of professional librarian work experience prior to employment at the University or other relevant work experience which is directly related to the qualifications of the specific position.

20.2.4 Credit for prior experience, as used in this Article, is defined as those years of total previous experience credited toward rank upon initial appointment and credited toward eligibility for a five (5) year reappointment, which credit shall not exceed three (3) years.

20.2.5 Length of service at the University, as used in this Article, is defined as the total number of years in the ranks of Librarian I through V at the libraries of the University.

20.2.6 Years of service in rank, as used in this Article, is defined as the total number of years in a given librarian rank at the University.

20.2.7 Year, as used in this Article, in calculating years of previous experience or shall be defined as twelve (12) months of employment at thirty-five (35) or more hours a week. Anything less shall be pro-rated.

20.2.8 Personnel action, as used in this Article, is defined as reappointment, promotion, and merit salary increases.

20.3 Committees

20.3.1 Librarians Personnel Committee

Each year the librarians in the bargaining unit on each campus shall elect a Librarians Personnel Committee (LPC), for the purpose of making recommendations to the Director of Libraries (DOL) in personnel actions as set forth herein. This committee shall serve from July 1 through June 30 and the DOL shall be notified by July 1 of the members elected to serve. The LPC shall meet as necessary to fulfill its responsibilities set forth in this Agreement.

In addition, the LPC may make recommendations for sabbatical leaves and, pursuant to Subsection 20.5.2 recommendations for initial appointments and for the number of years of credit for prior experience that should be granted toward rank upon a librarian's initial appointment and toward eligibility for a five-year reappointment. Neither these recommendations nor decisions counter to them shall be grievable.

20.3.2 Other Committees
The Employer/University Administration retains the right to seek the advice and counsel of an individual or group of librarians on matters of mutual interest, consistent with this Agreement and the requirements of M.G.L. Chapter 150E.

20.4 Procedures for Personnel Actions

20.4.1 Notice of a personnel review for reappointment or promotion shall be send to the librarian by the DOL no later than August 1 prior to the academic year in which the review takes place.

20.4.2 In reviews for promotions and five-year reappointments the procedures listed below shall be followed.

A. In accordance with Sections 24.4 and 24.5, a basic file shall be created.

B. The librarian shall submit to the administrative unit head any and all materials for inclusion in the basic file that he/she believes will be relevant to the scheduled personnel action.

C. The materials in the basic file shall be accessible to the librarian, with the exception of any letters of reference or evaluation to which he/she has voluntarily waived access.

D. When the basic file is forwarded from the level of the librarian's administrative unit head, it shall contain:

1. a table of contents;

2. a current resume (including a list of professional accomplishments);

3. the librarian's Annual Report and Evaluation Forms;

4. copies and reviews of publications and/or evidence of other professional accomplishments;

5. any letters of reference or commendation received by the department head in connection with the scheduled personnel action;

6. any and all materials submitted by the librarian; and

7. the recommendation of the librarian's administrative unit head.

E. At subsequent administrative levels, there shall be added, as applicable at each level:

1. the recommendations of department and/or division heads;

2. the recommendation and numerical vote of the LPC;

3. the recommendation of the DOL;

4. the decision of the provost; and

5. other materials solicited, submitted, or received during the review process.

F. A copy of the updated table of contents of the basic file and the recommendation of the LPC shall be send to the librarian when the basic file is forwarded to the Director.

G. A copy of the updated table of contents and the recommendation of the DOL shall be sent to the librarian and the LPC when the basic file is forwarded to the provost.

H. A copy of the updated table of contents and the decision of the provost shall be sent to the librarian, the DOL and the LPC when the decision is made.

20.4.3 A. The DOL or other administrative official shall make a recommendation or decision counter to the original recommendation of the LPC only in exceptional circumstances and with compelling reasons in written detail, which shall specifically address the content of that recommendation as well as the established standards and criteria.

When the DOL is considering making a recommendation or decision counter to the original recommendation of the LPC in those personnel actions specified in Article 24.4(b), the DOL shall invite the LPC to provide additional information for the basic file or clarification of the recommendation in question.

When the Provost is considering making a decision counter to either the recommendation of the LPC or the recommendation of the DOL in those personnel actions specified in Article 24.4(b), the provost shall invite the DOL to provide additional information for the basic file or clarification of the recommendation in question.

20.5 Appointments

20.5.1 Posting of Vacancies

When a vacancy is to be filled, notice of all such vacancies in librarian positions within the bargaining unit, with a description of the position,

shall be posted on a designated bulletin board in each of the University's libraries, or by comparable electronic means. In addition, the job opportunity sheet shall be forwarded to the Union office on each campus.

B. The recruitment procedures and filling of vacancies shall conform to applicable affirmative action guidelines.

20.5.2 Procedure

The LPC shall have the opportunity to review the application files of every applicant for any vacant bargaining unit position in the libraries. After consulting the LPC, the DOL and the departmental head shall select the candidates to be interviewed for the position. The LPC shall have the opportunity to interview all final candidates and to recommend to the DOL and the departmental head the order of preference in which the final candidates should be offered the position. When appropriate the LPC may recommend the number of years of credit for prior experience that should be granted toward rank and toward eligibility for a five-year reappointment.

20.5.3

Criteria

Initial Appointment Criteria

A. For appointment as Librarian I, a candidate must have satisfied all the requirements of a master's degree in library science – or equivalent degree -- from a program accredited by the American Library Association, or its appropriate equivalent in librarianship from another country, or have appropriate equivalent experience; and have qualifications appropriate to the specific job description.

For appointment as Librarian II, a candidate must have a master's degree in library science -- or equivalent degree -- from a program accredited by the American Library Association, or its appropriate equivalent in librarianship from another country, or have appropriate equivalent experience; normally have two (2) years of experience as a professional librarian in this or another academic research or specialized library; and have qualifications appropriate to the specific job description.

C. For appointment as Librarian III, a candidate must have a master's degree in library science -- or equivalent degree -- from a program accredited by the American Library Association, or its appropriate equivalent in librarianship from another country, or in exceptional circumstances, have appropriate equivalent experience; normally have five (5) years of experience as a professional librarian in this or another academic, research or specialized library, of which three (3) years of experience must be in an appropriate field of library specialization; and have qualifications appropriate to the specific job description.

D. For appointment as Librarian IV, a candidate must have a master's degree in library science -- or equivalent degree -- from a program accredited by the American Library Association, or its appropriate equivalent in librarianship from another country, or, in exceptional circumstances, have appropriate equivalent experience; normally have ten (10) years of experience as a professional librarian in this or another academic, research or specialized library, of which three (3) years of experience must be in an appropriate field of library specialization; and have qualifications appropriate to the specific job description.

E. For appointment as a Librarian V, a candidate must have a master's degree in library science -- or equivalent degree -- from a program accredited by the American Library Association, or its appropriate equivalent in librarianship from another country, or in exceptional circumstances, have appropriate equivalent experience; normally have fourteen (14) years of experience as a professional librarian in this or another academic, research or specialized library, of which three (3) years of experience must be in an appropriate field of library specialization; demonstrated excellence in librarianship and individual specialization; and have qualifications appropriate to the specific job description.

20.5.4 Initial Contract Length
A. Individuals appointed full-time and part-time to the position of Librarian I or II shall be granted an initial contract of at least twelve (12) months, but may be granted a contract of up to twenty-four (24) months at the discretion of the Employer/University Administration.

B. Individuals appointed full-time and part-time to the position of Librarian III, IV or V shall be granted an initial contract of at least twelve (12) months, but may be granted a contract of up to thirty-six (36) months at the discretion of the Employer/University Administration.

C. All such initial contracts mentioned in Subsections 20.5.4A and B shall be granted so that the contracts expire on July 1.

D. Individuals appointed to the positions of Librarian I through V for the purpose of carrying out a specific project or to fill a short-term need shall be appointed for no longer than twenty-four (24) months. Individuals appointed to such temporary positions shall be included in the bargaining unit upon appointment only when their initial appointment is for a period longer than one (1) year. Individuals appointed to such temporary positions with initial appointments of one (1) year or less shall become members of the bargaining unit upon completion of nine (9) calendar months of service.

E. All individuals appointed to permanent part-time Librarian I through V positions shall be included in the bargaining unit and shall receive pro- rated salary and fringe benefits, as appropriate.

20.6 Evaluation

20.6.1 Each librarian shall be reviewed annually on the agreed-upon form entitled "Annual Report and Evaluation for Librarians." This review shall be in accordance with the timeline for personnel actions.
20.6.2 The librarian shall receive a copy of the completed evaluation form.
20.6.3 Personnel actions shall be based on the evaluation of the librarian's performance of assigned duties and responsibilities on the evaluation form and other relevant materials gathered in accordance with past practice in the campus library.
20.6.4 Except for the failure to evaluate a bargaining unit librarian according to his/her assigned duties and responsibilities, the provisions of Subsection 20.6.3 shall not be subject to Article XXV, Grievance Procedure.

20.7 Reappointments

20.7.1 In accordance with Subsection 20.3.1, 20.4.1, 20.4.3,

and in cases involving five-year reappointments also 20.4.2, the LPC shall make recommendations on reappointments in conformity with Section 20.12, Timelines. The LPC shall forward its recommendations in writing to the DOL. After considering the LPC recommendation and relevant materials, the DOL shall forward his/her recommendation and the recommendation of the LPC to the Provost. Copies of the recommendations shall be sent to the librarian and the LPC at the same time they are sent to the next level of review.

A copy of the Provost’s decision shall be sent to the librarian and the LPC.

20.7.2 After completion of the initial appointment, a librarian shall be eligible for reappointments with a term of either two (2) or three (3) years, expiring July 1, provided that the librarian has exhibited satisfactory performance as demonstrated through his/her annual review (using the form set forth in subsection 20.6.1), unless timely notice is given of intent not to reappoint or to reappoint for a shorter period.
20.7.3 After demonstrated satisfactory completion of six (6) or more years of service (including credit granted for prior experience), as of July 1, the librarian is eligible for a five-year reappointment. On the recommendation of the LPC, a librarian may be granted up to three years' credit for prior experience toward the establishment of the foregoing eligibility. In order to obtain a five-year reappointment, a librarian must demonstrate a high degree of competence in the performance of his/her duties as demonstrated through his/her annual review.
20.7.4 Once a librarian is given a five-year reappointment, such reappointment shall be renewable only for successive five-year terms unless timely notice is given in writing of intent not to reappoint or to reappoint for a shorter period, either of which shall be only for just cause.

20.8 Promotions

20.8.1 Procedures for Promotion
A. A librarian may become a candidate for promotion by self-nomination or by accepting nomination by the immediate supervisor, the LPC or the DOL or his/her designee. A nomination for promotion shall be sent in writing to the DOL.

B. The LPC shall consider each candidate for promotion and shall forward its written recommendation to the 8DOL. After considering the LPC recommendation and relevant materials, the DOL shall forward all recommendations in writing to the provost for action.

C. The procedure set forth in Subsections 20.8.1A and B shall be in accordance with the timelines as set forth in Section 20.12.

20.8.2 Criteria for Promotion
A. A promotion is defined as a change in rank as a librarian from one rank to the next higher rank.

B. In order to be considered for promotion, a librarian must meet the requirements of the rank in question as set forth in Subsections 20.5.3B through E and the following experience requirements:

To Promote To

Minimum Years of
Service in Rank

Minimum Total Years
Of Previous Experience
and Length of Service
To University

Librarian II

Librarian III

Librarian IV

Librarian V

Promotions will be primarily based on meritorious performance of duties and responsibilities; and secondarily on meritorious performance of professional growth and development and service activities as a professional librarian. The standards and criteria for promotion decisions will be those contained in the document "Library Promotion Policy."

Promotions will be primarily based on meritorious performance of duties and responsibilities; and secondarily on meritorious performance of professional growth and development and service activities as a professional librarian. The standards and criteria for promotion decisions will be those contained in the document "Library Promotion Policy."

20.9 Notice

20.9.1 The Employer/University Administration shall provide each librarian with notice of the decision regarding reappointment as follows:

Length of Continuous
Service to the University

Minimum Notice Required
Prior to Expiration of
Appointment

Up to one year

3 months

6 months

More than one but
less than six years

Six or more years (and
not covered below.)

12 months

Librarian serving on
second or subsequent five-
year contract

24 months

20.9.2 Notice of Resignation

A librarian who wishes to resign shall give the following minimum notice to the University prior to the expiration of appointment:

Minimum Notice Required

Length of Service
at the University

Up to one year

30 days

60 days

More than one year but
but less than six years

Six years or more

90 days

20.9.3 Continuous service shall be broken only by resignation or termination.

20.10 43 Week Workyear

20.10.1 Librarians who desire to be employed on less than a twelve (12) month basis may make written application to the DOL for conversion to a 43-week workyear no later than six (6) months prior to the effective starting date of the requested 43-week workyear. Such requests shall not be deemed a personnel action subject to Sections 20.3 and 20.4. Approval or disapproval of the request shall be given in writing by the DOL no later than three (3) months prior to the requested effective date. In making the decision, the DOL shall give consideration to the need of the library to perform its service obligations to the University community, the librarian's professional specialization, the number of 43-week workyears previously awarded to the librarian and years of satisfactory service. Where such requests are denied, specific reasons will be provided in writing to the librarian. Such denials shall not be subject to Article XXV, Grievance Procedure.
20.10.2 Librarians awarded a 43-week workyear shall receive a salary of eighty-five (85) percent of the then current 52-week contract salary. Such salary shall be paid over a 52-week period, and fringe benefits as applicable shall be appropriately pro-rated.
20.10.3 No librarian shall be required to convert to a 43-week workyear.

20.11 Workload

20.11.1 The workload for librarians shall be a maximum of thirty-seven and one half (37.5) hours per week. The scheduling of librarians' working hours shall be the right of the DOL or designee. The development of the working schedule shall take into account the following factors: the need of the library to perform its service obligations to the University community, the librarian's professional specialization, the years in rank of the librarian and his/her preference. To the extent possible there shall be equitable treatment in the scheduling of librarians' hours.
20.11.2 Each librarian who wishes release time to pursue advanced study, research or teaching, or to attend professional meetings, shall make written application to the DOL at least twenty (20) days prior to the requested date for release. The request shall specify the reasons for the request, the activities to be undertaken, the benefit to the library and the amount of release time necessary to complete the project. The DOL shall provide his/her written decision to the librarian within (10) days of receipt of the request.

20.12 Timelines

The DOL shall formulate a timeline for personnel actions no later than September 1 of each year. The timeline for personnel actions beyond the level of the DOL shall be in accord with the campus master calendar.

20.13 Vacation Leave

For bargaining unit librarians, paid vacation shall be twenty-two (22) days a year accumulated on a monthly basis and credited to bargaining unit librarians on the last Saturday of the calendar month during which such vacation leave accrued. One (1) additional day a year shall be added to the vacation leave benefits available to a bargaining unit librarian upon the completion of five (5), ten (10) and twenty (20) years of service, respectively. In no event shall the credited vacation leave of a bargaining unit librarian exceed sixty-four (64) days. Any unused vacation leave to exceed sixty-four (64) days will automatically be converted to paid sick leave.

20.14 Effective Date

In no case shall the terms of this Article abrogate notice and other actions properly given under University procedures in effect prior to the effective date of this Article, nor shall the Employer/University Administration be held to the requirements set forth herein where the effective date of this Article makes compliance with such requirements impossible or impracticable to fulfill.

Return to Top