PREAMBLE
This Agreement entered into by the University of Massachusetts, hereinafter referred to as the Employer, and the Union will set forth procedures for the equitable resolution of grievances, the terms of employment with respect to wages and working conditions, and means by which the parties may consult periodically on mutually perceived problems.
ARTICLE 1
RECOGNITION
The
Employer recognizes the Union as the sole and exclusive bargaining agent for
the purpose of establishing wages, hours, standards of productivity and
performance and other terms and conditions of employment for all full-time and
regular part-time employees in bargaining units presently certified by the
Labor Relations Commission or consented to by the parties.
Should any
new classified classification(s) be added to the work force, the Employer shall
notify the appropriate
The
Employer will not aid, promote or finance any labor group or organization which
purports to engage in collective bargaining, or make any agreement with any
such group or individual for the purpose of undermining the
The
Employer agrees to apply applicable provisions of this Agreement to those
employees who receive all contractual benefits, whose funding source is derived
from grants or other non-state appropriated funds and who perform the functions
of those positions covered by this Agreement to the extent that the terms of
their respective grants or non-state appropriated funding source and the level
of funding thereunder so allow, as determined by the Chief Executive Officer of
the campus or his/her designee.
ARTICLE 2
RULES
AND REGULATIONS
The
parties agree that this Agreement in all respects supplants and replaces all
particular provisions of the following General Laws of the Commonwealth of
Massachusetts and Rules and Regulations thereto and any future rules and
regulations promulgated thereunder namely:
the Second Paragraph of Section Twenty-Eight of Chapter Seven (Red
Book); Section Twenty-Four A; Paragraphs (4) and (5) (Gray Book), formerly
paragraphs 5 and 6 of Section Forty-Five; paragraphs (1), (4), and (10) of
Section Forty-Six, and Section Fifty-Three of Chapter Thirty; Sections Thirty
to Forty-Two, inclusive, of Chapter One Hundred and Forty-Nine.
ARTICLE 3
UNION
SECURITY
Dues Checkoff
Section 1.
The
Section 2.
An
employee may consent in writing to the authorization of the deduction of Union
dues from his/her wages and to the designation of the
Section 3.
An
employee may consent in writing to the authorization of the deduction of an
agency service fee from his/her wages and to the designation of the
Section 4.
The
appointing authority shall deduct dues or an agency service fee from the pay of
employees who request such deduction in accordance with this Article and
transmit such funds in accordance with departmental policy to the Treasurer of
the Union together with a list of employees whose dues or agency service fee
are transmitted, provided that the appointing authority is satisfied by such
evidence that it may require that the Treasurer of the Union has given to the
Union a bond in a form approved by the appointing authority for the faithful
performance of his/her duties, in a sum and with such agency or securities as
are satisfactory to the appointing authority.
AGENCY SERVICE
FEE
Section 1.
Each
employee who elects not to join or maintain membership in the Union shall be
required to pay as a condition of employment, beginning thirty (30) days
following the commencement of his/her employment, an agency service fee to the
Union in an amount that is proportionately commensurate with the cost of
collective bargaining and contract administration, but not to exceed the amount
of periodic dues paid by employees who are members of the Union.
Section 2.
This
Article shall not become operative until this Agreement has been formally
executed, pursuant to a vote of a majority of all employees in that bargaining
unit present and voting.
Section 3.
The
Union shall reimburse the appointing authority for any expenses incurred as a
result of being ordered to reinstate an employee terminated at the request of
the Union for not paying the agency service fee. In such litigation, the appointing authority
shall have no obligation to defend the termination.
Section 4.
Disputes
between the parties concerning this Article shall be resolved in accordance with
the grievance procedure contained in this Agreement. In the event such a dispute is submitted to
arbitration, the arbitrator shall have no power or authority to order the
appointing authority to pay such agency service fee on behalf of any employee.
If the
arbitrator decides that an employee has failed to pay or authorize the payment
of the agency service fee in accordance with this Article, the only remedy
shall be the termination of the employment of such employee if the employee
continues to refuse to pay or authorize payment of the required agency service
fee after having sufficient time to do so.
Section 5.
It is
specifically agreed that the appointing authority assumes no obligation,
financial or otherwise, arising out of the provisions of this Article and the
preceding Dues/Agency Service Fee Checkoff Article, and the Union hereby agrees
it will indemnify and hold the appointing authority harmless from any claims,
actions or proceedings by an employee arising from the termination of an employee
here under or from deductions made by the appointing authority.
ARTICLE 5
UNION BUSINESS
Section 1. Union Representation
Union
staff representatives shall be permitted to have access to the premises of the
appointing authority for the performance of official Union business, provided
that there is no disruption of operations.
Requests for such access will be made in advance and will not be
unreasonably denied. The Union will
furnish the appointing authority with a list of staff representatives and their
areas of jurisdiction.
Section 2. Grievance
Processing
Except
as hereinafter provided, Union business shall be conducted by Union stewards
and officials on off-duty hours.
Union stewards and officials shall be permitted to have time off without loss of pay for the investigation and processing of grievances and arbitrations. Grievants shall be permitted to have time off without loss of pay for processing their grievances through the contractual grievance procedure, except that for class action grievances no more than three (3) grievants shall be granted such leave. Requests for such time off shall be made in advance and shall not be unreasonably denied. No steward or other representative of the Union shall at any time use his/her Union position as an excuse to refuse to carry out his/her own duties or to interfere with the work of any other employee.
The union will furnish the Employer with a list of Union stewards and their jurisdictions.
Section 3. Paid Union Leave of Absence
A. Leave of absence without loss of wages,
benefits or other privileges may be granted to elected delegates of the Union
to attend conventions of the State, Regional and Parent Organization. Such leave will require the prior approval of
the Chancellor or designee. Persons
designated as alternate delegates shall not be granted paid leaves of absence
to attend such conventions.
B. Leaves of absence without loss of
wages, benefits or other privileges may be granted to Union negotiating
committee members for attendance at negotiating sessions with the Employer and
related Union caucuses. Such leave will
require the prior approval of the Chancellor or designee.
C. Leaves of absence without loss of
wages, benefits, or other privileges may be granted for attendance at joint labor-management
meetings. Such leave will require the
prior approval of the Chancellor or designee.
Section 4. Unpaid Union Leave of Absence
Upon
request by the Union, an employee may be granted a leave of absence without pay
to perform full-time official duties on behalf of the Union. Such leave of absence shall be for a period
of up to one year and may be extended for one or more additional periods
of one year or less at the request of
the Union. Advance approval of the
Chancellor or designee is required for all such leaves of absence or the
extension thereof.
Leaves
of absence without loss of benefits or other privileges (not including wages)
may be granted to Union Officers and stewards to attend executive board
meetings and other union meetings. Such
leave will require the prior approval of the Chancellor or designee.
Section 5. Attendance at Hearings
Representatives
and officers of the Union may be granted leave of absence without loss of
wages, benefits or other privileges to attend hearings before the Legislature
and State agencies concerning matters of importance to the Union and the
Employer. Such leave will require prior
approval of the Chancellor or designee.
Witnesses
called by the Union to testify at a Step 4 hearing or in an arbitration
proceeding (Step 5) may be granted time off without loss of benefits or other
privileges (not including wages).
All
leave granted under this section shall require prior approval of the Chancellor
or designee.
Section 6. Union Use of Premises
The
union shall be permitted to use the same or similar facilities of the Employer
for the transaction of Union business during working hours which have been used
in the past for such purpose, and to have reasonable use of the Employer's
facilities during off duty hours for Union meetings subject to appropriate
compensation if required by law.
This
section shall not be interpreted to grant an employee the right to carry on
Union business during his/her own working hour, not granted elsewhere in the
agreement.
Section 7 Bulletin Boards
The
Union may post notices on designated bulletin boards or an adequate part
thereof in places and locations where notices usually are posted by the
appointing authority for employees to read.
All notices shall be on Union stationery, signed by an official of the
Union, and shall only be used to notify employees of matters pertaining to
Union affairs. The notices may remain
posted for a reasonable period of time. No material shall be posted which is
inflammatory, profane or obscene, or defamatory of the Commonwealth or its
representatives, or which constitutes election campaign material for or against
any person, organization or factions thereof.
Section 8. Employer Provision of Information
The
Employer shall be required to provide the Union with the following information:
A. Every three months a list of all new employees in the bargaining unit, date of employment and classification.
B. Every six months a list of all
employees who have been terminated.
C. A list of all employees who withdraw checkoff authorizations within two months of such withdrawal.
D. A list of employees in each bargaining unit, including title and last date of hire. Such lists shall be updated each six months.
Where the Employer has been providing the above information
to the Union at more frequent time intervals, the information shall continue to
be furnished at such intervals.
Section 9. Orientation
Where
the Institution provides an orientation program for new employees, one-half
hour shall be allotted to the Union and to the new employees during which time
a Union representative may discuss the Union with the employee.
ARTICLE
6
NON-DISCRIMINATION
AND AFFIRMATIVE ACTION
Section 1.
The
employer and the Union agree not to discriminate in any way against employees
covered by this Agreement on account of race, religion, creed, color, national
origin, gender, sexual orientation, age, mental or physical handicap, or
veteran's status.
Section 2.
The
Union and the Employer agree that when the effects of employment practices,
regardless of their intent, discriminate against any group of people on the
basis of race, religion, national origin, gender, sexual orientation, age,
mental or physical handicap, or veteran's status specific positive and
aggressive measures must be taken to redress the effects of past
discrimination, to eliminate present and future discrimination, and to ensure
equal opportunity in the areas of hiring, upgrading, demotion or transfer,
recruitment, layoff or termination, rate of compensation, and in-service or
apprenticeship training programs.
Therefore the parties acknowledge the need for positive and aggressive
affirmative action.
Section 3.
This
Article shall be in accordance with all applicable federal and state laws.
Section 4.
Any matters
concerning this Article shall be subject to the Campus Affirmative Action
Grievance Procedure and not the grievance and arbitration procedures provided
in Article 29 of this Agreement.
ARTICLE 7
WORKWEEK AND WORK SCHEDULES
Section 1. Scheduled Hours, Workweek, Workday
A. Except as otherwise specified in
this Agreement, the regular hours of work for full-time employees shall be
thirty-seven and one-half hours per week excluding meal periods or forty hours
per week excluding meal periods, as has been established for that job title at
the particular job location. Any
employee whose regular workweek has averaged more than forty hours excluding
meal periods in the past shall have a forty hour workweek.
B. The work schedule, both starting
times and quitting times, of employees shall be posted on a bulletin board at
each work location or otherwise made available to employees and Union stewards.
C. When the Employer desires to change
the regular work schedule of an employee he shall give the affected employee at
least seven consecutive (7) days written notice of such contemplated change,
except in cases of emergency involving the protection of the property of the
Institution or involving the health and safety of those persons whose care
and/or custody have been entrusted to the Institution.
D. To the extent practicable, the
normal workweek shall consist of five consecutive days, Monday through Friday,
with the regular hours of work each day to be consecutive except for meal
periods. Similarly, to the extent
practicable, employees in continuous operations shall receive two consecutive
days off in each seven day period. This
subsection should not apply to employees in authorized flexible hours programs
or on a four and two schedule, or summer hours.
E. Each employee shall be required to
record his/her attendance in accordance with procedures presently established
by the appointing authority. Thirty (30)
days prior to any change in the existing method of recording attendance, the
Chancellor or designee will notify the Union of such change and will meet and
confer with the Union to discuss such change.
Section 2. Overtime
A. An employee shall be compensated at
the rate of time and one-half his/her regular rate of pay for authorized
overtime work performed in excess of forty hours per week or eight hours per
day; provided, however, that an employee whose regular workday is more than
eight hours shall be compensated at the rate of time and one-half of his/her
regular hourly rate of pay for authorized overtime work performed in excess of
his/her regular workday.
B. Compensatory time off in lieu of pay
for overtime work may be granted to an employee at the option of the Chancellor
or his/her designee and with the consent of the employee. Such compensatory time shall be at time and
one-half for each hour worked. The
appointing authority shall not, for the purpose of avoiding the payment of
overtime, curtail the scheduled hours of an employee during the remainder of a
workweek in which the employee has previously worked hours beyond his/her
normally scheduled workday. This
paragraph shall not apply to employees who, because of the nature of the duties
of their positions, work an irregular workday, nor shall it apply to employees
who have been permitted by the Employer
to participate in an approved voluntary flexible hours program that has been
duly authorized by the Chancellor or his/her designee.
C. With the exception of sick leave,
all time for which an employee is on full pay status such as vacation,
holidays, paid education leave, and paid union leave shall be considered time
worked for the purpose of calculating overtime compensation. If sick leave is taken in a week of mandatory
overtime, an employee may substitute three (3) days per year for alternative
time (vacation, compensatory, holiday, or personal time) and up to two (2) days
per year of sick time.
D. There shall be no duplication or
pyramiding of the premium pay for overtime work provided for in this Agreement.
E. The appointing authority shall make
every effort to send out checks for overtime no later than the second payroll
period following the payroll period of the overtime worked.
F. Overtime shall be distributed as
equitably and impartially as practicable among persons in each work location
who ordinarily perform such related work in the normal course of their
workweek.
G. The provisions of this Section shall
not apply to employees on full travel status.
H. In instances where no employee can
be found to perform institutional overtime work, the appointing authority may
assign such work to the least senior employee who, in the judgment of the
appointing authority, is capable of carrying out the required duties.
Section 3. Regular Meal Periods
A meal
period shall be scheduled as close to the middle of the shift as possible
considering the needs of the institution and the needs of the employee.
Section 4. Rest Periods
Employees
shall be granted two fifteen minute rest periods per work day of at least seven
and one-half hours, but separate from the meal period.
Section 5. Call Back Pay
Effective
on the date of signing of this Agreement, an employee who has left his/her
place of employment after completing work on his/her regular shift and is
called back to work prior to the commencement of his/her next scheduled shift
shall receive a minimum of four hours
pay at his/her regular hourly overtime rate.
This Section shall not apply to an employee who is called in to start his/her
shift early and who continues to work that shift.
Section 6. Court Time
Any
member of the bargaining unit who, while off duty, is required by the
appointing authority to appear as a witness for the Commonwealth in a criminal
case, in district, juvenile or superior courts, License and Police Commissions,
and show cause hearings and civil cases arising out of such criminal cases
shall be paid at a rate of time and one-half.
The unit member will be paid a minimum of three (3) hours at the time
and one-half rate, except that when such duty is required on the employee's
regular day off, he/she shall be paid a minimum of four (4) hours at the time
and one-half rate.
Section 7. Inclement
Weather
In the
event that classes are canceled due to inclement weather, only personnel
designated as “essential” shall be required to work. Essential personnel who report to work on a
day when classes are canceled shall be entitled to compensatory time off, based
on the actual number of hours worked.
Such compensatory time shall be taken within ninety (90) days following
its accrual. Each year a list of
essential personnel shall be forwarded to the Director of Human Resources by
the appropriate supervisor.
Section 8. Shift Differential
A. Employees rendering service on a
second or third shift as hereinafter defined shall receive a shift differential
of 50 cents per hour for each hour worked.
B. For the purpose of this Section
only, a second shift shall be one that commences at 1:00 p.m. or after and ends
no later then 2:00 a.m. and a third shift shall be one that commences at 9:00
p.m. or after and ends no later than 9:00 a.m.
C. The above hourly shift differential
shall be paid in addition to regular salary for eligible employees when their
entire workday is on a second or third shift.
Eligible employees who are required to work a second or third shift or
any portion thereof on an overtime basis, replacing a worker who normally works
such second or third shift, will receive an hourly differential pursuant to
paragraph A of this section.
D. For employees who are required to
work a second or third shift as governed by paragraph C of this section,
overtime shall be compensated at the rate of time and one-half of the regular
salary rate and the shift differential for the number of hours in excess of
forty (40) hours per week worked on such second or third shift.
The University will allow bargaining unit members to
participate in a compressed work schedule in accordance with the following:
Effective the Monday following the
University’s Commencement Exercise through the second Friday in August, and the
Monday following final exams in the Fall semester through the second Friday in
January bargaining unit members may elect to work a compressed work schedule
subject to the following terms and conditions:
-Unit members will begin work at 8:30
AM, will eliminate the two – fifteen (15) minute breaks, reduce their lunch
break to one half hour and end the work day at 4:00 PM.
-All offices must be covered until
5:00 P.M.
-A rotating work schedule should be
developed if all employees in an office choose compressed work schedules and
the supervisor determines that one or more employees must work until 5:00 P.M.
-Supervisors in offices which are
staffed by one bargaining unit employee and have no other clerical help, may
develop a rotating schedule with a nearby office.
ARTICLE 8
LEAVE
Section 1. Sick Leave
(a) A full-time employee shall accumulate
sick leave with pay credits at the rate of one work day for each full payroll
month of employment for a total of twelve (12) days per year. An employee on any leave with pay or
industrial accident leave shall accumulate sick leave credits.
(i) Each
employee may exercise the option to receive, at the end of the fiscal year, a
dollar amount equal to 50% of the value of unused annual sick leave credits to
a maximum of six (6) days, based on the table below. This option is based on an employee’s annual
sick leave accrual and usage only.
Sick Leave Days Used Cash
in allowed Days
Accrued
0 6 6
1 5 6
2 4 6
3 3 6
4 2 6
5 1 6
6 or
more 0 6
or fewer
The
decision to cash in sick leave time must be made by May 1. Sick days cashed in shall be deducted from
the employee’s sick leave balance. In
order to exercise this option an employee must cash in all sick leave as
allowed below.
(b) A
regular part-time employee shall accumulate sick leave credits in the same
proportion that his/her part-time service bears to full-time service.
(c) Sick leave shall be granted, at the discretion of the appointing authority, to an employee only under the following conditions:
(i) when an employee cannot perform his/her
duties because he or she is incapacitated by personal illness or injury;
(ii) when the spouse, domestic partner, child, or parent of either employee or his/her spouse or a relative living in the immediate household of an employee, is ill, the employee may utilize sick leave credits up to a maximum of sixty (60) days per fiscal year; and
(iii) when through exposure to contagious disease,
the presence of the employee at his/her work location would jeopardize the
health of others.
(d) A full-time employee on leave without pay or absent without pay for any part of any pay period, shall accrue pro-rated sick leave time for that pay period calculated as a portion of the number of hours worked in that pay period. This provision shall be implemented consistent with the date of implementation of the PeopleSoft Human Resources Information System.
(e) Whenever the Chancellor or his/her
designee has reason to believe that sick leave is being abused or whenever an
employee has been absent on account of sickness in excess of five days, the
Chancellor or designee may require the employee to present a physician's
statement indicating the medical reason for any absence on account of sickness.
Failure of an employee to present such statement seven (7) working days
after a request therefore has been made by the CEO or designee, may, at the
discretion of the CEO or designee, result in the absence being treated as
absence without pay.
(f) The appointing authority may require
that an employee, wishing to return to work after an absence of more than five
(5) consecutive working days because of illness or injury, be examined by a
physician designated by the appointing authority and/or by a physician of the
employee's choosing. If the appointing
authority requires the employee to be examined by its designated physician, the
appointing authority shall assume the cost of such examination. The results of such examinations(s) must
attest to the fitness of such employee to return to his/her regularly assigned
duties.
(g) Sick leave must be charged against
unused sick leave credits in units of one-half hour (1/2) or full hours, but in
no event may the sick leave credits used be less than the actual time off.
(h) Any employee having no sick leave
credits, who is absent due to illness, may be placed, unless otherwise notified
by the employee, on personal leave, or, if no personal leave credits, then on
vacation leave. Such leave shall be
charged on the same basis as provided in subsection (g).
(i) An employee who is reinstated or
reemployed after an absence of less than three (3) years shall be credited with
his/her prior employment. An employee
who is reinstated or reemployed after a period of three (3) years or more shall
receive prior sick leave credits, if approved by the appointing authority where
such absence was caused by:
(i) Illness
of said employee;
(ii) Dismissal through no fault or delinquency attributable solely to said employee;
(iii) Injury
while in the employment of the Employer in the line of duty, and for which said
employee would be entitled to receive Workmen's Compensation benefits.
(j) A regular part-time employee shall
not accrue sick leave credits for any month in which he/she was on leave
without pay or absent without pay in the same proportion that his/her service
bears to one day of service of a full-time employee.
(k) Notification of absences under this
Article must be given to the designated representative of the appointing
authority at least one-half (1/2) hour prior to the beginning of the scheduled
tour of duty. If such notification is
not made, such absence may, at the discretion of the appointing authority, be applied
to absence without pay. In extraordinary
circumstances beyond the control of the employee, the above notification period
may be waived.
(l) No employee shall be entitled to a
leave under the provisions of this Article in excess of the accumulated sick
leave credits due such employee (including any sick leave bank provisions).
(m) Employees whose service with the
Employer is terminated shall not be entitled to any compensation in lieu of
accumulated sick leave credits.
Employees who retire shall be paid twenty percent (20%) of the value of
their unused accrued sick leave at the time of their retirement. It is understood that any such payment will
not change the employee's pension benefit.
Employees who are eligible to retire in accordance with the provisions
of Chapter 32 of the Massachusetts General Laws and decease while employed,
shall have paid to their beneficiary(ies) or estate twenty percent (20%) of the
value of their unused accrued sick leave at the time of their death.
(n) Sick leave credits earned by an
employee following a return to duty after a leave without pay or absence
without pay shall not be applied to such period of time.
(o) An employee who while in the
performance of his/her duty receives bodily injuries resulting from acts of
violence of patients or who receives
such injuries in the pursuit, apprehension, or detention of suspects as
reflected in the official police report, and who as a result of such injuries
would be entitled to benefits under Chapter 152 of the General Laws, shall, if
entitled under Chapter 30, Section 58 of the General Laws, be paid the
difference between the weekly cash benefits to which he/she would be entitled
under said Chapter 152 and his/her regular salary without such absence being
charged against available sick leave credits, even if such absence may be for
less than six (6) calendar days.
Section 2. Paid Personal Leave
Except as noted below, effective
January, 2002 and annually thereafter, on the first payroll of the new calendar
year, full-time employees shall be credited with three (6) paid personal
leave days, which must be taken during the following twelve (12) months at a
time or times requested by the bargaining unit member and approved by the
supervisor. Any paid personal leave not taken by the last payroll date of the
payroll month of December will be forfeited by the bargaining unit member. Except if as the result of a layoff,
employees who leave the University and return shall be eligible for no more
than one personal leave award per calendar year. Personal leave days for regular part-time
bargaining unit members will be granted on a pro-rata basis. Personal leave may
be available in units of one half hour and may be used in conjunction with vacation
leave. Full time bargaining unit members
hired into the bargaining unit on or after the first full payroll day of the
payroll month of January will be credited with personal leave days in
accordance with the following schedule:
January 1 to March 31 6
October 1 through December 31 0
For the period July 1, 2001 through December 2002 each full time bargaining unit member on the payroll as of July 1, 2001 will be credited with nine (9) paid personal leave days which must be used or forfeited by the last payroll day of the payroll month of December 2002. Full time bargaining unit members hired into the unit after the first payroll day of the month of July 2001 and prior to the last payroll of December 2001 shall be credited with three (3) days in addition to amounts listed in the schedule above.
Section 3. Bereavement Leave
Upon
evidence satisfactory to the appointing authority of the death of a spouse,
child, stepchild, parent, brother, sister, grandparent, or grandchild of an
employee; or parent of spouse; or person living in the household, an employee
shall be entitled to leave without loss of pay for a maximum of four
consecutive working days.
In
addition, a maximum of two (2) consecutive working days shall be available for
use by an employee in case of the death of his/her spouse's brother, sister,
great-grandparent or step-grandchild.
A
maximum of one (1) day shall be available for use by an employee in case of the
death of the employee’s aunt or uncle.
Section 4. Voting Leave
An
employee whose hours of work preclude him/her from voting in a town, city,
state, or national election shall upon application be granted a voting leave
with pay, not to exceed two hours, for the sole purpose of voting in the
election.
Section 5. Civic Duty Leave
A. Employees summoned for jury duty
will be granted a leave of absence with pay for time lost from their regular
work schedule while on said jury duty upon presentation of the appropriate
summons to the department head by the employees.
B. An employee who receives jury fees
for jury service upon presentation of the appropriate court certificate of
service, shall either:
(1)
retain such jury fees in lieu of pay for the period of jury service if
the jury fees exceed his/her regular rate of compensation for the period
involved; or
(2)
remit to the appointing authority the jury fees if less than his/her regular rate of compensation for the
period involved.
C. Jury fees for the purpose of this
Article shall be the per diem rate paid for jury duty by the court not
including the expenses reimbursed for travel, meals, rooms, or incidentals.
D. An employee summoned as a witness in
court on behalf of the Commonwealth or any town, city or county of the
Commonwealth or on behalf of the federal government shall be granted court
leave with pay upon filing of the appropriate notice of service with his/her
department head except that this Section shall not apply to an employee who is also
in the employ of any town, city or county of the commonwealth or in the employ
of the federal government or any private employer and who is summoned on a
matter arising from that employment.
E. All fees for court service except
jury fees paid for service rendered during office hours must be paid to the
Commonwealth. Any fees paid to an
employee for court service performed during a vacation period may be retained
by the employee. The employee shall
retain expenses paid for travel, meals, rooms, etc.
F. An employee on court leave who has
been excused by the proper court authority shall report to his/her official
duty station if such interruption in court service will permit four or more
consecutive hours of employment. Court
leave shall not affect any employment rights of the individual.
G. No court leave shall be granted when
the employee is the defendant or is engaged in personal litigation, unless such
litigation arises out of the proper and legitimate performance of his/her
assigned responsibilities.
Section 6. Military Leave
A. An employee shall be entitled during
the time of his/her service in the armed forces of the Commonwealth, under
Section 38, 40, 41, 42, or 60 of c.33 of the General Laws, to receive pay
therefor, without loss of his/her ordinary remuneration as an employee.
B. An employee shall be entitled,
during his/her annual tour of duty of not exceeding seventeen days as a member
of a reserve component of the armed forces of the United States, to receive pay
therefore, without loss of his ordinary remuneration as an employee under
section 59 of C.33 General Laws as amended.
C. An employee who is a member of a
reserve component of the armed forces of the United States and who is called
for duty other than the annual tour of duty of not exceeding seventeen days
shall be subject to the provisions of Chapter 708 of the Acts of 1941 as
amended, or of Chapter 805 of the Acts of 1950 as amended, or Chapter 671 of
the Acts of 1966, and amendments thereto.
D. In accordance with Chapter 708 of
the Acts of 1941, as amended, an employee who, on or after January first,
nineteen hundred and forty, shall have tendered his/her resignation or
otherwise terminated his/her service for the purpose of serving in the military
or naval forces of the United States who does serve or was or shall be rejected
for such service shall except as otherwise provided by Chapter 708 of the Acts
of 1941, as amended, be deemed to be or to have been on military leave, and no
such person shall be deemed to have resigned from the service of the
Commonwealth or to have terminated such service until the expiration of two
years from the termination of said military or naval service by him/her.
Section 7. Child Birth and Maternity Leave
A. A full-time female employee who has
completed her probationary period , and who is absent from her employment with
the Commonwealth for a period not exceeding eight weeks for the purpose of
giving birth shall be granted a maternity leave without pay if her request for
such leave is made to the appointing authority as least two weeks in advance of
the anticipated date of departure.
During family leave taken in conjunction with the birth, adoption or
placement for foster care of a child an employee shall receive his/her salary
for ten (10) days of said leave, immediately following the birth, adoption or
placement. If an employee has accrued
sick leave or vacation credits at the commencement of her maternity leave, she
may use such leave credits for which she may be eligible under the sick leave
or vacation provisions of this Agreement.
B. At the expiration of the maternity
leave, the employee will be restored to her previous position or similar
position with the same status, pay, and length of service credit as of the date
of her leave. If during the period of
the leave, employees in the same or similar position in the department have
been laid off through no fault of their own, the employee will be extended the
same rights or benefits, if any, extended to employees of equal length of
service in the same or similar position in the department.
C. Notwithstanding any other provision
of this agreement to the contrary, the maternity leave granted under the
Article shall not affect the employee's right to receive any contractual
benefits for which she was eligible at the time of her leave.
If,
upon the request of an employee, the appointing authority grants a leave beyond
eight (8) weeks, such leave shall be considered a regular leave of absence
without pay. The period of such unpaid
leave shall not be included in any computation of contractual benefits, rights,
or advantages.
Section 8. Parental Leave
Upon
written application to the appointing authority, including a statement of any
reasons, any employee who has completed any applicable probation period and who
has been employed at least three (3) consecutive months and who has given at
least two (2) weeks prior notice of his/her anticipated date of departure and
who has given notice of his/her intention of return, may be granted parental or
adoptive leave for a period not exceeding eight (8) weeks. . Such leave shall be without pay for such period. The purpose for which an employee may submit
his/her application for such unpaid leave shall be limited to the need to care
for, or to make arrangement for care of, a minor dependent child of the
employee, whether or not the child is the natural, adopted or stepchild of such
employee.
Section 9. Family and Medical Leave Act (FMLA)
The
Appointing Authority shall implement the provision of the FMLA in accordance
with the University of Massachusetts Board of Trustees Policy (Doc T93-123) as amended.
Section 10. Education Leave
Employees
may be granted a paid leave of absence in accordance with the policies of the
Institution for educational purposes, to attend conferences, seminars, briefing
sessions, or other functions of a similar nature that are intended to improve
or upgrade the individual's skill or professional ability. The employee shall not suffer any loss of
seniority or benefits as a result of such leave.
Section 11. Unpaid Personal Leave
Unpaid
personal leave, other than herein before specified, may be granted by the
appointing authority upon the written request of an employee at least thirty
(30) days in advance. Approval shall not
be unreasonably denied.
Retirement,
seniority, sick leave, vacation credit and time accrual for step increase shall
not accrue during the terms of such leave.
ARTICLE
9
VACATIONS
Section 1.
(a) Beginning at the end
of the first full payroll month (herein after in this Article
"month") of employment, vacation leave with pay shall be credited to
full-time employees at the end of each full month of employment, as follows:
Length of continuous Vacation Credit Accrued
full-time "creditable
service" as of the end
of each applicable month.
less
than fifty four (54) months. 5/6
day per month (total of ten days
per year)
Fifty-four
(54) months, but 1
1/4 days per month (total of
less
than One Hundred fourteen 15
days per year)
(114)
months.
One
hundred fourteen (114) 1
2/3 days per month (total
months,
but less than two of
20 days per year)
hundred
thirty-four (234)
months.
Two
hundred thirty-four 2
1/12 days per month (total of
(234)
months, or more. 25
days per year)
(b)
For
determining vacation status under this Article, "creditable service"
only shall be used.
All service beginning on the first working day of the first
full month in the Institution where rendered, and all service thereafter
becomes "creditable service" provided there has not been any break of
three (3) years or more in such service as referred to in Section 12 of this
Article. In computing an employee's
vacation status all "creditable service" from the first working day
in the Institution up to the end of each full month of service rendered shall
constitute the "creditable service" which shall be used to establish
vacation credit for such month. Anything
in the foregoing to the contrary notwithstanding, an employee shall, on the
effective date of the Agreement, be deemed to have that "creditable
service", if any, which he/she has at the termination of the predecessor
Agreement.
Section 2.
A
regular part-time employee shall be granted vacation leave in the same
proportion that his/her part-time service bears to full-time service.
Section 3.
Vacation
leave accrued during any month shall be credited on the last day of the month
based on the employee's full-time equivalent status on that date and shall be
available for use the following day.
Section 4.
An
employee on leave without pay or absent without pay for any part of any pay
period, shall accrue pro-rated vacation leave time for that pay period
calculated as a portion of the number of work days in that pay period that were
worked. This provision shall be implemented
consistent with the date of implementation of the PeopleSoft Human Resources
Information System.
Section 5.
An
employee who is reinstated or reemployed after less than three (3) years shall
have his/her prior service included in determining his/her continuous service
for vacation purposes.
Section 6.
The
appointing authority shall grant vacation leave within twelve months after it
is credited, unless in the appointing authority's opinion it is impossible or
impracticable to do so because of work schedules or emergencies.
No
employee shall carry more than fifty 50 days of vacation leave credits.
Section 7.
Absences
on account of sickness in excess of the authorized sick leave provided in the
Agreement (or for personal reasons not provided for under said sick leave
provisions), may be charged, unless otherwise notified by the employee, to
personal leave, if any, then to vacation leave, if any.
Section 8.
Charges
to vacation leave credit may be allowed in units of one half (1/2) hour.
Section 9.
Upon the
death of an employee who is eligible for vacation under this Agreement, payment
shall be made in an amount equal to the vacation leave which had accrued prior
to the employee's death but which had not been used by the employee up to the
time of his/her separation from payroll.
Section 10.
An
employee who is eligible for vacation under these rules, whose services are
terminated for any reason other than dismissal for cause, shall be paid an
amount equal to the vacation leave that had been accrued prior to such
termination but which had not been used.
An employee who is dismissed for cause shall be entitled to payment for
any accrued but unused vacation leave up to a maximum of twelve (12) months
accrual calculated on the basis of the monthly rate applicable to the employee
on the date of dismissal.
Section 11.
An
employee who is reinstated or reemployed shall be entitled to his/her vacation
status at the termination of his/her previous service; provided, however, that
no credit for previous service may be allowed where reinstatement occurs after
an absence of three years unless approval of the appointing authority is
secured for any of the following reasons:
A. Illness of the employee
B. Dismissal through no fault or
delinquency attributable to the employee.
C. Injury
while in the service of the Commonwealth in the line of his/her duties and for
which the employee would be entitled to receive Workers’ Compensation benefits.
Section 12.
An
employee who is granted a leave of absence to enter service in the armed forces
of the United States, under the provisions of Chapter 708 of the Acts of 1941,
as amended, and who, upon honorable discharge from such service in said armed
forces, returns to the service of the Institution, shall be paid an amount
equal to the vacation leave which had been accrued prior to his/her entry into
such service in said armed forces but which had not been used prior to military
leave.
Section 13.
An
employee who is reinstated after military leave, as referred to in Section 13
may be granted vacation allowance up to the equivalent of twelve months'
accrual as of the date on which he/she returned or return, provided, that prior
to such military leave, vacation had not been used or compensation paid in lieu
thereof for the same year. Neither the
above usage, nor absence due to military leave shall, in any way, affect
vacation credits accrued by such an employee in any full month of employment
after he/she returns from military service.
Section 14.
Vacation
leave shall accrue to an employee while on a leave with pay status or on
industrial accident leave.
Section 15.
Vacation
leave accrued following a return to duty after leave without pay or absence
without pay shall not be applied against such leave or absence.
Section 16.
An employee
who has available unused vacation leave, and who, because of the provisions of
Section 7 of this Article, would lose such vacation leave, shall have such
vacation leave converted to sick leave on the last day of the month in which
such vacation would be lost if not taken.
Section 17.
Any
employee wishing to exercise his/her seniority for vacation preference must
apply in writing at least sixty (60) days in advance of the first day
requested. The appointing authority
shall respond to this request in writing, indicating whether it can reasonably
schedule such vacation, at least forty-five (45) days in advance of the first
day requested.
All
vacation leave shall be requested and approved in advance.
ARTICLE 10
HOLIDAYS
Section 1.
The
following days shall be holidays for employees:
New
Year's Day
Martin
Luther King Day
Washington's
Birthday
*Evacuation
Day (Suffolk County only)
Patriots
Day
*Bunker
Hill Day (Suffolk County only)
Memorial
Day
Independence
Day
Labor
Day
Columbus
Day
Veterans Day
Thanksgiving
Christmas
Day
Section 2.
All
holidays shall be observed on the Commonwealth's legal holiday unless an
alternative day is designated by the appointing authority.
Section 3.
When a
holiday occurs on the regular scheduled workday of an employee, he/she, if not
required to work that day, shall be entitled to receive his/her regular day's
pay for such holiday.
Section 4.
When a
holiday occurs on a day that is not an employee's regular workday, if the
employee's usual workweek is five or more days, he/she at the option of the
appointing authority, shall receive pay for one (1) day at his/her regular rate
or one (1) compensatory day off with pay
within ninety (90) days following the holiday, unless agreed otherwise by the
appointing authority and the employee, to be taken at a time designated by the
employee and approved by the appointing authority.
Section 5.
An
employee required to work on a holiday shall receive one (1) compensatory day
off with pay or if a compensatory day cannot be granted by the appointing
authority because of a shortage of personnel or other reasons then he or she
shall be entitled to pay for one (1) day at his/her regular rate of pay in
addition to pay for the holiday worked.
Section 6.
An
employee who is on leave without pay or is absent without pay for any part of
his/her scheduled workday immediately preceding or immediately following a
holiday shall not receive holiday pay or a compensatory day off for that
holiday.
Section 7.
A unit
member scheduled to work on a holiday and who fails to report as scheduled
shall be recorded as absent without pay unless the unit member properly
notifies the administration at least one half (1/2) hour prior to the beginning
of the scheduled tour of duty and indicates, as a reason for such absence, a
reason that, pursuant to the terms of this Agreement warrants the granting of
paid leave of absence for such day. In
extraordinary circumstances beyond the control of the employee, the above
notification period may be waived. An
employee who is granted sick leave for a holiday on which he/she is scheduled
to work shall not receive holiday pay or compensatory day off for that holiday.
Section 8.
An
employee not otherwise entitled to the Suffolk County holidays pursuant to
Section 1 above, and who is scheduled to work on such a holiday, shall be entitled to a day off with
pay in lieu of each of the Suffolk County holidays. Additionally, an employee who is not
scheduled to work on Suffolk County holiday, if the employee's usual workweek
is five (5) or more days, shall be
entitled to a day off with pay in lieu of each of the Suffolk County
holiday. Such day off may be taken at a
time designated by the employee and approved by the appointing authority, but
usually within ninety (90) days.
Section 9.
Whenever
any holiday falls on a Sunday, such holiday shall be deemed to fall on the day
following. Whenever any holiday falls on
a Saturday, the rules for observing such holiday shall be consistent with the
Commonwealth of Massachusetts covering such observance. Such holidays shall be granted in accordance
with and subject to the foregoing provisions of this Article. However, if an employee is scheduled to work
on such a Saturday or Sunday, that workday shall be deemed to be the holiday in
accordance with the preceding Section 5.
If such day off cannot be granted for reasons satisfactory to the
appointing authority, such employee shall be given a day off in lieu thereof,
or shall be paid compensation therefor, in accordance with the provisions of
the preceding Section 5.
ARTICLE 11
EMPLOYEE EXPENSES
Section 1.