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.
A. Job related expenses shall be paid
in accordance with the University of Massachusetts Board of Trustees Policy on
Employee Expenses.
B. An employee who travels from his/her
home to a temporary assignment rather than to his/her regularly assigned office
shall be allowed transportation expenses for the distance between his/her home
and his/her temporary assignment or between his/her regularly assigned office
and his/her temporary assignment whichever is less.
C. Employees shall not be reimbursed
for commuting between their home and office or their regular work
location. With approval of the
Chancellor, an employee's home may be designated as his/her regular office by his/her
appointing authority for the purpose of allowed transportation expenses in
cases where the employee has no regular office or other regular work location.
Section 2.
Bargaining
unit members who have his/her day extended by three (3) hours either by a call back or additional hours, shall receive, after three
(3) hours, a meal stipend of $ 5.00 for
the first six (6) hours then $5.00 for every four (4) hours thereafter.
ARTICLE 12
EMPLOYEE COMPENSATION
Section 1. Annual Salary Rate Increases
The following
general salary rate increases shall
apply to all full-time bargaining unit employees employed on the effective
dates of salary increases and the date of execution, except for those employees
who were employed on the effective dates of the salary increases and who
subsequently retired, deceased, or transferred to another bargaining unit at
the University of Massachusetts Lowell prior to the date of execution.
A. Effective April 1, 2005, the salary
rate of each unit member employed on such date shall be increased in an amount
equal to two percent (2%) thereof based on a most recent performance rating of
at least “Satisfactory”.
B. Effective January 1, 2006, the salary
rate of each unit member employed on such date shall be increased in an amount
equal to two percent (2%) thereof based on a most recent performance rating of
at least “Satisfactory”.
C. Effective January 1, 2007, the salary
rate of each unit member employed on such date shall be increased in an amount
equal to two percent (2%) thereof based on a most recent performance rating of
at least “Satisfactory”.
Should additional funding be made available through an
appropriation of the General Court the parties agree to meet to discuss the
terms of such appropriation and to amend the agreement as is necessary and
appropriate.
Section 2. Employees Hired, Reinstated or Reemployed on or after
July 1,2001
The
Salary rate for an employee hired, reinstated, or reemployed on or after July
1,2001 shall be Step 1 for the job group of his/her position except in cases
where an employee is hired at an approved salary rate above the usual hiring
rate.
Section 3. Step Rate Increases and Promotions
A. An employee shall advance under the
terms of this Agreement to the next higher salary step in his/her job group
until the maximum salary rate is reached, unless he/she is denied such step
rate by his/her appointing authority. An
employee shall progress from one step to the next higher step after each
fifty-two (52) weeks of creditable service in a step commencing from the first
day of the payroll period immediately following his/her anniversary date or
promotion date as determined within the Article.
In the
event an employee is denied a step rate increase by his/her appointing
authority, he/she shall be given a written statement of reasons therefor not
later than five (5) days preceding the date when the increase would otherwise
have taken effect. Time off the payroll
is not creditable service for the purpose of step rate increases.
B. Whenever an employee receives a promotion
to a position as defined in Article 17, the employee's new salary rate shall be
calculated as follows:
1. determine the employee's salary rate at
his/her current job group;
2. find the next higher step within the
employee’s current job group, or, for employees at the maximum rate within
their current job group, multiply the employee’s current salary rate by one and
two one hundredths (1.02).
3. compare the resultant sum to the rates for
the higher job group into which the employee is promoted;
4. the employee's salary rate shall be the first
rate in the higher job group that at least equals the resultant sum.
The
anniversary date for such an employee shall become the effective date of the
promotion.
Section 4. General Provisions
A. Salary rates of full-time employees
are set forth in the Appendices to this Article which are attached hereto and
hereby made a part of this Article.
B. The salary rates set forth in said
Appendices shall remain in effect during the term of this Agreement. Salary rates shall not be increased or
decreased except in accordance with the provisions of this Article.
C. Employees shall be compensated on
the basis of the salary rate for their official job classification.
Section 5. Regular Part-Time Employees
A regular
part-time employee shall be entitled to the provisions of this Article in the
proportion that his/her service bears to full-time service.
Section 6. New Unit Employees From Units Not Covered By This
Agreement
A. An employee entering a position
within a bargaining unit covered by the Agreement from a position in the same
salary grade in a bargaining unit not covered by this Agreement shall be placed
at the first step in a grade which at least equals the rate of compensation
received immediately prior to his/her entry into the bargaining unit, provided
that no employee shall be reduced in compensation by such entry into the
bargaining unit.
B. Whenever an employee enters a
position in a higher job grade from a position within a bargaining unit not
covered by the Agreement, the employee's new salary rate shall be determined in
the same manner as set forth in Section 3, paragraph "B".
C. An employee entering a position
within a bargaining unit covered by this Agreement from a position in a higher
salary grade in a bargaining unit not covered by this Agreement shall be placed
at a step in grade within his/her new job grade based upon the employee's
creditable years of service in the new job grade or higher job grade, provided
that in no event shall the employee be placed in a step grade which results in
the employee receiving a rate equal to or greater than the average salary
received by the employee for the preceding six (6) months.
Section 7.
The
salary rates increased as provided in this Article shall apply only to those
employed on the execution date of the Agreement. However, former bargaining unit members who
died, retired or transferred out of the bargaining unit (but remained in the
employ of the Employer during the period between June 30, 2001 and the
execution date shall receive appropriate increases as provided in this Article
for their period of employment in the bargaining unit).
ARTICLE 13
GROUP HEALTH INSURANCE CONTRIBUTION
The
Commonwealth of Massachusetts and each covered employee shall pay the monthly
premium rate for the Group Insurance Plan in a percentage amount to be
determined by the General Court for the type of coverage that is provided to
such employee and his/her dependents under the Plan.
ARTICLE 14
HEALTH AND WELFARE
Section 1. Trust Agreement
The
parties have agreed to maintain a Health and Welfare Fund under an Agreement
and Declaration of Trust executed by the Union and the Employer. Such Agreement and Declaration of Trust
(herein after referred to as the "trust agreement") provides for a
Board of Trustees composed of equal representation of the Employer and the
Union.
The
Board of Trustees of the Health and Welfare Fund shall determine in their
discretion and within the terms of this Agreement and the Agreement and Declaration
of Trust such health and welfare benefits to be extended by the Health and
Welfare Fund to employees and/or their dependents.
Effective January 2, 2006, the Employer agrees to contribute on behalf of each full-time employee equivalent the sum of twelve dollars ($12.00) per calendar week.
Should additional funding be made available through an
appropriation of the General Court, the parties agree to amend this Article to
reflect the additional funding.
The
contributions made by the Employer to the Health and Welfare Fund shall not be
used for any purpose other than to provide health and welfare benefits and to
pay the operating and administering expenses of the fund. The contributions shall be made by the
Employer in an aggregate sum within forty-five (45) days following the end of
the calendar month during which contributions were collected.
Section 3. Non-Grievability
No
dispute over a claim for any benefits extended by Health and Welfare Fund shall
be subject to the grievance procedure.
Section 4. Employer's Liability
It is
expressly agreed and understood that the Employer does not accept, nor is the
Employer to be charged with hereby, any responsibility in any manner connected
with the determination of liability to any employee claiming under any of the
benefits extended by the Health and Welfare Fund. The Employer's liability shall be limited to
the contributions indicated under Section 2 above.
ARTICLE
15
TUITION
REMISSION
Section 1.
A. For full-time
employees, their spouses and dependent children enrolled in a State-supported
course or program in any State institution of higher education excluding the MD
program at UMASS Medical Center, full remission of tuition shall apply.
B. For full-time employees, their
spouses and dependent children enrolled in a course or program offered through
continuing education in any State institution of higher education, fifty
percent remission of tuition shall apply.
C. Tuition waiver will be extended at
the University of Massachusetts Lowell to the dependent children, through
twenty-five (25) years of age, of bargaining unit members who have been
employed at the University of Massachusetts Lowell for five (5) or more years
and who die while an employee of the University of Massachusetts Lowell.
D. The remission benefit is subject to
space available and usual and ordinary admissions policies, as well as, in
accordance with the Higher Education Coordinating Council and policies and
procedures set forth in Chancellor John B. Duff's memorandum of May 21, 1984.
Section 2.
The
Employer agrees to maintain all other tuition benefits which employees covered
by this Agreement enjoyed under policies and agreements with the employer
immediately prior to the effective date of this Agreement. These benefits shall
not be limited or precluded by the provisions of this Article.
ARTICLE 16
SENIORITY
Section 1. Definitions
a. Campus
Seniority The length of continuous
full-time equivalent service as a full-time or regular part-time employee,
regardless of source of finds, as computed from last date of hire by the
campus.
b. Classification
Seniority The length of
continuous full-time equivalent service as a full-time or regular part-time
employee, regardless of source of funds, in a specific job classification
covered by this Agreement, as computed
from the last date of hire into that job classification on the campus.
c. Unit
Seniority The length of cumulative
full-time equivalent service as a full-time or regular part-time service as a
member of the bargaining unit.”
Section 2. Computation of Seniority
For the
purpose of computing seniority as defined above, when an employee is off the
payroll for a period of thirty (30) consecutive working days or more, except
when such absence from the payroll is for industrial accident leave, military
leave, maternity leave, or involuntary leave due to serious illness or injury,
his/her seniority shall be computed from the day he/she returns to the payroll
until such time as he/she remains continuously on the payroll for a period of
twice the length of his/her absence at which time he/she may add his/her
previous creditable service for consideration under the specific personnel
procedure in which seniority is a factor.
An employee who is recalled shall, upon reinstatement be credited with
such seniority as he/she had on the date of layoff.
Section 3. Seniority for Days Off and Shift Assignments
For days
off and shift assignments, classification seniority shall be applied in
accordance with past practice at the Institution.
Section 4. Termination of Seniority
An employee's seniority shall be terminated and his /her rights under this Agreement forfeited for the following reasons.
(a) Discharge
for cause, resignation or retirement.
(b) Acceptance of a settlement for total and
permanent disability.
(c) Absence from work for fourteen (14) days without valid reasons and without proper and timely notification to the appointing authority, except where excused there from by the appointing authority.
ARTICLE 17
PROMOTIONS AND FILLING OF VACANCIES
Section 1. Posting of Vacancies
A. A vacancy in a position subject to
this Agreement, when available to be filled as determined by the appointing
authority, shall be posted for not less than seven (7) work days.
B. the notice of vacancy shall include
the following:
1. Job Title
2. Grade and/or Salary Range
3. Application Closing Date
4. A description of duties and
qualifications or the location where
such description can be obtained.
C. Any employee seeking to be considered
for any such vacant position shall submit a written application in accordance
with the procedures and within the time limits prescribed in such notice. The pool of candidates for such vacant
position shall include every employee and every other person who shall have
applied for such position in accordance with the terms of such notice.
Section 2. Criteria For
Appointments and Promotions
A. The following criteria shall be
used by the Employer in selection a candidate to fill a vacant position except
where the position is a targeted position in accordance with the Institution's
Affirmative Action Plan:
1. ability to perform the requirements
of the position
2. education and training related to
the vacant position
3. experience in related work
4. work history and performance.
B. Where qualification of applicants for
posted Bargaining Unit vacancies are substantially equal, seniority shall be
the deciding factor.
C. Permanent vacancies for promotion
shall be filled from within the Bargaining Unit unless there is sufficient
reason for exception.
Section 3. Trial Period for Promoted Employees
A. An employee who has been promoted to
a new position shall be on
trial status for a period not to exceed ninety (90) calendar days. When any position requires that an employee
successfully complete a formal training program, the trial period will commence
upon successful completion of such program.
B. If the employee's work performance
in the new position is not satisfactory
to the appointing authority during this trial period, said employee shall revert back to his or her former position.
C. If the promoted employee is not
satisfied with the new position, he or she may elect to return to the former
position within thirty (30) days after the said promotion.
D. All promotions made pursuant to this
Article shall be temporary or provisional appointments at least until the
completion of the trial period. All
vacancies resulting from an employee's promotion pursuant to this Article,
shall be filled temporarily or provisionally at least until the promoted
employee has completed his/her period.
Section 4. Grievability
Provisions
of the foregoing sections 1 and 2 shall be subject to the grievance procedure
set forth in Article 29.
ARTICLE 18
OUT OF TITLE WORK
Section 1. Work in a Lower Classification
a. When an employee is assigned by the
appointing authority to perform the duties of a position classified in a grade
lower than that in which the employee performs his/her duties, he/she will be
compensated at his/her rate of pay as if performing his/her regular duties.
b. An employee who is assigned by the
administration to perform overtime work in a lower classification shall have
overtime compensation computed at the employee's regular rate of compensation.
Section 2. Work in a Higher Classification
a. Any employee who is assigned by the
appointing authority to a vacant position in a higher grade for more than
thirty (30) days in any one hundred twenty (120) day period shall receive the
salary rate at the first step of the higher classification from the first date
of the appointment. Whenever any
employee is assigned to any vacant higher rated position he/she shall no later
than the tenth working day of his/her performing the higher rated position's
duties, complete and transmit to his/her supervisor the form attached as
APPENDIX A. The supervisor shall
thereupon complete the applicable portion of the form and transmit the same to
the Chancellor, or designee, who shall
thereupon determine whether the work assignment is or is not out of title
work. However, if such assigned
employee's regular rate of compensation is higher, the compensation shall be at
the step of the higher classification which is closest to the employee's
regular compensation and provides at least one promotion factor of the higher
classification over the employee's regular rate of compensation.
b. An employee who is assigned by the
appointing authority to perform overtime work in a higher classification shall
have overtime compensation computed at the first step rate of the higher
classification, unless the employee's regular rate of compensation is higher,
in which case the overtime compensation shall be computed at the employee's
regular rate of compensation.
TEMPORARY WORK ASSIGNMENT APPENDIX
A
This form must be competed by an employee who has been
assigned by his/her immediate supervisor to perform the duties of a higher
rated position.
This form must be completed and submitted to your immediate
supervisor no later than the tenth consecutive working day of your performance
of the higher rated position's duties.
________________________________________________________________________
__________________________________ ______________________________
Name of Employee Area
of Assignment
__________________________________ ______________________________
Employee Number Title
of Present Position
__________________________________ ______________________________
Title of higher rated positions to which Effective Date of
Assignment
you have been assigned.
__________________________________ ______________________________
Signature of Employee Date
of Signature
________________________________________________________________________
IMMEDIATE SUPERVISOR
__________________________________ ______________________________
Name of Immediate Supervisor Area
of Responsibility
__________________________________ ______________________________
Date Form Received from Employee Employee's Present Title
__________________________________ ______________________________
Title of higher position that you Effective Date of Assignment
assigned to employee.
__________________________________
Previous Incumbent of the Position
Reasons for Assignment:
Anticipated Duration of Assignment:
___________________________________ ______________________________
Signature of Immediate Supervisor Date of Signature
IMMEDIATE SUPERVISOR MUST FORWARD
ORIGINAL TEMPORARY FORM TO THE HUMAN RESOURCES DIRECTOR AND A COPY TO THE
DEPARTMENTAL SUPERVISOR.
DIRECTOR OF HUMAN RESOURCES
Approval ____________ ________________________
Title
of Higher Rated Position
Disapproval _____________* ________________________
Duration
of Assignment
*Reason
for Disapproval:
___________________________________ ______________________________
Signature of Director of Human Date of Signature
Resources
cc: Employee
Immediate
Supervisor
Department
Supervisor
ARTICLE 19
CLASSIFICATION AND RECLASSIFICATION
Section 1. Class Specifications
(a) The appointing authority shall provide the
Union with a copy of the class specifications of each title covered by this
contract for which such a specification exists.
(b) Each employee in the bargaining unit shall be
permitted by the appointing authority to have access to examine his or her
class specification.
Section 2. Individual Appeal of Classification
The
parties agree that any appeal pertaining to reclassification or reallocation
shall continue to be governed by the provisions of Section 49 of Chapter 30 of
the Massachusetts General Laws and shall not be subject to the grievance and
arbitration procedure herein.
ARTICLE 20
CLASS REALLOCATION
Section 1.
Class
reallocations may be requested by the Union whenever it believes a reallocation
is justified by the existence of an inequitable relationship between the
positions covered by the reallocation requests and other positions covered by
this Agreement. If the Employer agrees
that such an inequity exists, the Employer and the Union agree to jointly
petition the General Court for such class reallocation. If, however, the parties are unable to reach
agreement, the matter shall not be subject to the grievance procedure.
Section 2.
The
Employer and the Union agree that the procedure provided in Section 1 shall be
the sole procedure for class reallocation for all classes covered by this
Agreement and no other class reallocations shall be granted.
ARTICLE 21
LAYOFF AND RECALL
Section 1. Layoff
A. Subject to the provisions of Article
6, in the event of a reduction of personnel, those employees having least
seniority within classification would be first considered for release.
B. As soon as feasible after the
appointing authority becomes aware of an impending reduction in the work force
and prior to notifying any employees who may be affected, the appointing
authority shall notify the Union of such impending reduction. Thereafter, the appointing authority shall
meet with the Union to discuss the impact of the layoff on the affected employees,
including the availability of similar vacant positions within the same
appointing authority and including the availability of any training program
which may be applicable to the employees.
C. In the event an employee is
scheduled to be laid off and there exists a position in an equal or
lower-graded classification on campus, the duties of which the employee has the
ability to immediately perform, unit seniority shall prevail in permitting such
employee to bump the least senior individual in such classification in the
bargaining unit.
D. In the event an employee is
scheduled to be laid off and there exists a vacant position on campus which has
been certified for filling in an equal or lower-graded classification in the
bargaining unit, upon timely application by the employee, unit seniority shall
prevail in permitting such an employee to fill such position provided the
employee has the ability to perform the work.
Section 2. Recall
A. The appointing authority shall
maintain a recall roster from which laid off employees will be recalled to
available positions within their classification in accordance with unit
seniority and subject to their ability to perform the work.
B. A laid off employee will remain on
the recall roster for two years, provided that an employee who is offered
recall to a position in the same job grade as the position from which he/she
was laid off and who fails to accept such offer within five days from the date
on which he/she received or should have received such notice, shall be removed
from the recall list and his/her recall rights and seniority shall terminate at
that time.
C. An employee who is recalled shall
have that seniority which he/she had at the time of layoff.
D. An employee who is recalled shall
retain that step which he/she had at the time of layoff.
ARTICLE 21A
LAYOFF AND RECALL
LABOR/MANAGEMENT COMMITTEE
The parties agree to establish
within thirty (30) days of the execution of this agreement a joint
Labor/Management Committee to redesign the Layoff and Recall process. It is agreed that the committee will be
comprised of the S.E.I.U. Business Agent and two other unit members for the
union, and the Director of Human Resources and two other management employees
for management. It is agreed to continue
with the provisions and process of Article 21 until such time as a new
agreement is established.
It was also agreed that, to the
extent practical, temporary employees performing bargaining unit work shall be
released prior to laying off bargaining unit members.
ARTICLE 22
PROBATIONARY EMPLOYEES
Section 1.
New
employees hired into the bargaining unit shall be considered as probationary
employees for the first six (6) months of their employment; provided, however,
that whenever any such employee shall, without break in service, have
performed, on a part-time basis, the job whose specifications are the same as
those of the position being so filled, such part-time service shall be credited
toward fulfillment of the probationary requirement in such pro-rated amount as
such part-time service bears to full-time service.
Section 2.
The six
(6) months probationary period for new employees required to attend a formal
training program as a condition of employment, will commence on the first full
day of employment upon successful completion of the program providing that the
training program starts no later than three (3) months from his/her date of
hire.
Section 3.
There
shall be no seniority during the probationary period, but upon successful
completion of that period, the employee shall be credited with seniority from
the date of hire.
Section 4.
The
Union shall represent probationary employees for the purposes of collective
bargaining with respect to tours of duty and other conditions of employment.
Section 5.
During the
probationary period an employee may be disciplined or terminated without
recourse to the grievance procedure; provided that no employee will be
disciplined or discharged for lawful and protected Union activity.
Section 6.
An
employee whose employment is severed must serve an additional probationary
period upon reemployment, whether in the same or different job title; provided,
however, that this requirement shall not apply to employees who are recalled.
Section 7.
The
purpose of the probationary period is to provide for the evaluation of an
employee over a period of six (6) months.
Should that period be interrupted for more that thirty (30) consecutive
working days, the probationary period shall be extended to compensate for that
absence. The employee will be notified
of this extension and the reasons for it.
Section 8.
At the
completion of the first three (3) months of such probationary period and again
within on (1) month prior to the completion of his/her probationary service,
each probationary employee shall be evaluated by his/her immediate
supervisor. Such evaluation shall be
recorded in writing by the immediate supervisor. The immediate supervisor shall also indicate
his/her recommendation for the retention or termination of such employee. Such employee shall receive a written copy of
the immediate supervisor's evaluations and recommendations and shall, upon
written request submitted within seven
(7) days of receipt, be entitled to meet with the immediate supervisor to
discuss the evaluation and recommendation prior to their transmittal to the
Chancellor or designee.
ARTICLE
23
PERSONNEL
FILES
Section 1.
the Institution shall maintain an official personnel file for each
employee. An employee shall have the
right to inspect his/her personnel file during regular business hours upon
written request and by appointment, and shall have a right to a copy at his/her
expense. The Union, or a representative
thereof, shall have access to an employee's personnel file upon prior written
authorization of such employee.
Section 2.
The
personnel file shall be one of the sources on which the administration bases
decisions affecting the employment status of the employee and other decisions
relating thereto. The personnel file
shall include copies of official personnel correspondence with the
employee. An employee shall receive a
copy of any adverse material placed in his/her file and shall have the right to
file a statement in response to any such material placed in his/her file. Any adverse material in an employee's file
shall be removed after five (5) years upon written request of the employee;
provided, however, that the appointing authority may, upon written request from
an employee, remove any documentation of verbal warnings from the file after a
period of two years, if there have been no further disciplinary actions taken
against the employee.
Section 3.
Grievances
relative to materials in the personnel file shall be limited to those materials
which result in disciplinary action.
ARTICLE 24
EVALUATION OF EMPLOYEES
Section 1.
Performance evaluations are designed to served the needs of both the employee and Employer. An organized program for employee performance evaluation will:
1. Improve
employee satisfaction and potentially reduce employee absenteeism, turnover,
and grievances;
2. Serve as an important motivational
tool and improve the quality of job performance;
3. Enhance the ability to achieve
Affirmative Action goals through improved
supervisor-employee communication;
4. Base personnel actions and taking
disciplinary action on objective,
accurate and fair performance appraisals;
5. Monitor the performance of
probationary employees on a timely basis.
Performance
evaluation is the review and rating of all factors relevant to an employee's
effectiveness on the job. It involves
observation, guidance, training and open communication between the employee and
supervisor. For it to be of significant
benefit to both the individual employee and employer, it should be a continuous
process.
Performance
evaluation should be seen primarily as a developmental tool. Its purpose is to assess an employee's job
related strengths and weaknesses and develop his/her competence to the fullest. In a correctly executed evaluation, the
supervisor and the employee work together to find the means by which the
employee's ability can be strengthened and directed.
Section 2.
Performance
evaluation of an employee shall be made annually by the immediate supervisor,
following the anniversary date of initial hire or appointment to present
position with the exception of a probationary employee who shall be evaluated
at the completion of the first three (3) months of probationary service and
within one month prior to the completion of the probationary period. Such evaluation will be recorded in writing
on a form similar to the one attached hereto as Appendix F and shall be made on
the basis of the following criteria:
1. Quality and quantity of work
2. Work habits;
3. Work attitudes;
4. Working relationships with others;
5. Supervisory ability (if employee
supervises others).
Section 3.
Each
employee shall receive a written copy of his/her evaluation and shall be
entitled to discuss the evaluation with his/her immediate supervisor and, if
requested, with the supervisor or the next higher level who has been so
assigned.
Section 4.
The
Director of Human Resources shall receive all evaluations from the immediate
supervisors and shall retain such evaluations, together with any
recommendations made on the basis of any such evaluation and any evidence or
materials submitted in support of such evaluation, in the respective personnel
file on each employee.
Upon
receipt of an employee's evaluation, the Director of Human Resources and/or
designee shall determine whether a rating of "Exceeds Expectations,"
"Meets Expectations," or "Fails to Meet Expectations" shall
apply.
Section 5.
Any
evaluation so retained in respect of any employee may be reviewed by such
employee in the office of the Director of Human Resources at any reasonable
time upon reasonable prior notice. Such
employee shall have the right to file a written statement in response to any
such evaluation.
Section 6.
The
affected employee shall have the opportunity to see the completed performance
evaluation form and will be given the opportunity to initial it, whether in
agreement with its contents or not.
Section 7.
An
employee may only grieve the evaluation procedures of this Article and only to
the level of Step 4 of Article 29.
ARTICLE 24A
EVALUATION PROCESS
LABOR/MANAGEMENT COMMITTEE
The
parties agree to continue the joint Labor/Management Committee to redesign the
Employee Performance Evaluation process and form. The Committee will continue to meet and,
within fiscal year ‘99, will pilot a new performance appraisal form and
process. At such time as a new form and
process is established the committee will meet to review performance based
awards and/or incentives. It is agreed
that the committee will be comprised of the S.E.I.U. Business Agent and two
other unit members for the union, and the Director of Human Resources and two
other management employees for management.
It is agreed to continue with the provisions and process of Article 24
until such time as a new process and/or form is promulgated.
ARTICLE 25
SAFETY PROCEDURES
The
employer shall comply with any and every applicable statute, federal and state,
and with any such rules and regulations as may be promulgated thereunder, that
govern the conditions of health and safety in the place of work of its
employees. The appointing authority may promulgate and enforce any such rules and
regulations as it may deem appropriate from time to time to provide for the
safety of its employees and to ensure compliance with any such statutes or with
the rules and regulations promulgated thereunder. It was agreed that when the temperature in an
office falls below sixty-two degrees (62°F), effected employees shall be moved
to an alternate work location.
All
work-related injuries shall be reported to the appropriate administrator
immediately upon their occurrence in accordance with the procedures in effect
at the Institution.
Grievances
involving the interpretation or application of the provisions of this Article
may be processed through Step 4 of the Grievance Procedures set forth in
Article 29 of this Agreement but shall not be processed to Step 5 thereof.
ARTICLE 26
LABOR/MANAGEMENT COMMITTEE
Section 1. Campus Level
With
respect to each Unit covered by this Agreement, there shall be established a
Committee at the campus level to be known as the Labor/Management
Committee. Such Committee shall be
composed of six (6) members: three (3)
representing the campus administration and three (3) representing the
Local. Such representatives shall
respectively be appointed by the Chancellor and the Local.
The
purpose of said Committee shall be to discuss matters of mutual concern to the
campus and Local, including safety, equipment and employer/employee
relations. It is also agreed that the
Committee shall meet regularly and agree to include, as a standing agenda item,
the status of accretions and other new positions to the bargaining unit.
The
Committee shall seek to meet regularly.
It is understood that said Committee shall not discuss pending
grievances and shall have no power to negotiate, alter, or amend the terms of
this Agreement.
ARTICLE 27
SICK LEAVE BANK
Upon the
date of execution of this Agreement, a Sick Leave Bank may be established for
each unit covered by this Agreement where such bank does not currently exist.
Every
sick leave bank that exists at any institution prior to the effective date of
this Agreement shall be deemed to have been established pursuant to the
provisions of this Agreement, and any employee who is a member of any bank on
the effective date of this Agreement may remain a member thereof subject to the
terms and conditions of this section.
During
the term of this Agreement, an employee who is not a member of the Sick Leave
Bank may become so by assigning to the Bank one (1) or more full days of
his/her personal sick leave accumulation, during the annual thirty (30) day
period established by the Union Management Committee for such purpose.
A member
of the Sick Leave Bank shall be eligible to draw upon the Bank after the
exhaustion of the member's personal sick leave, vacation leave, personal leave
accumulation as well as any compensatory days.
The Sick
Leave Bank shall be administered by a joint Union Management Committee with
majority representation of Union members.
The Committee shall establish applicable rules and regulations not in
conflict with this Article.
This
local Union-Management Committee will determine at what level the Sick Bank
will be replenished. However, members
can donate one or more full days each time it is required that the Bank be
replenished.
Any
member of the Bank wishing to remain a member thereof and who has exhausted
his/her personal sick leave accumulation shall assign such additional full day
or days as of the date on which such member is next entitled to personal sick
leave.
A member
of the Sick Leave Bank shall begin drawing on the Bank only upon presentation
of a medical certificate satisfactory to the Sick Leave Bank Committee. Such medical certificate shall be signed by a physician and shall set forth the nature of
the employee's illness or disability and its anticipated duration. A unanimous vote of the Sick Leave Bank
Committee shall be required to authorize the employee to begin drawing on the
Sick Leave Bank.
After an
employee has drawn on the Bank for ten (10) working days, his/her case shall be
reviewed by the Sick Leave Bank Committee which may, by unanimous affirmative
vote, authorize the employee to continue drawing on the Bank. This process shall be repeated after each
successive period of ten (10) working days.
Notwithstanding the foregoing, any employee drawing on the Sick Leave
Bank may at any time be disqualified from continuing to draw on the Bank by
unanimous vote of the Sick Leave Committee.
Any
personal vacation leave, sick leave or personal leave which accrues to an
employee during a period in which he/she is drawing on the Sick Leave Bank
shall be credited automatically to the Sick Leave Bank.
Any
provision of this Article to the contrary notwithstanding, for those Sick Leave
Banks in existence on the date of execution of this Agreement, the current
Committee structure shall continue; provided, however, that at least one
management representative shall be a member of each Committee. All decisions that the committees are
empowered to make pursuant to this Article shall be by majority vote.
ARTICLE
28
DISCIPLINARY
ACTION
Section 1.
The parties agree that the purpose of discipline in a labor intensive
enterprise is to insure, through corrective action, that employees conduct
themselves in a responsible manner.
Progression from less severe to more severe corrective action is
intended to bring about a change in behavior rather than simply to punish. The parties further acknowledge that it is
not possible to agree upon the full range of potential corrective actions which
may be taken by an employer or its representatives, particularly in a diverse
statewide system of higher education.
Section 2.
An
employee having successfully completed the required probationary period shall
not be discharged, suspended or demoted for disciplinary reasons without just
cause. An employee who severs his/her
employment with the Employer must serve an additional probationary period upon
reemployment, whether in the same or different job title.
Section 3.
Just
cause may include, but shall not be limited to, the following:
1. Neglect or non-performance of
duties;
2. Demonstrated incompetence in the
performance of duties;
3. Willful dishonesty in the
performance of duties;
4. Insubordination;
5. Violent behavior;
6. Chronic absenteeism or tardiness;
7. Unauthorized possession or use of
alcohol or an unprescribed controlled
substance during any period of assigned work;
8. Willful release of information
classified as confidential;
9. Unauthorized possession of weapons;
10. Theft or willful misuse of property
of the Institution or its community.
Section 4.
Recognizing
the importance of counseling in effective corrective discipline, the parties
agree that disciplinary action, when imposed, will progress from minor to
severe for repeated failure to meet obligations except in those circumstances
which have resulted or may result in harm to the Institution or its community.
Disciplinary actions may include, but are not limited to, oral reprimand, oral reprimand with notation to the personnel file, written reprimand, suspension with pay, suspension without pay, denial of salary step increase, transfer, demotion and discharge.
Section 5.
In the
event that an employee is not given a hearing prior to the imposition of
discharge, suspension or demotion for disciplinary reasons, then a grievance
alleging a violation of Section 3 of this Article shall be submitted in writing
by the aggrieved employee within seven (7) calendar days of the date such
action was taken. The grievance shall be
treated as a Step 2 grievance and Article 29 Grievance and Arbitration
Procedure - shall apply.
Section 6.
In the
event that an employee is given a hearing prior to the imposition of discharge,
suspension or demotion for disciplinary reasons, a grievance alleging a
violation of Section 3 of this Article shall be submitted in writing by the
aggrieved employee within seven (7) calendar days of the date such action was
taken. The grievance shall be treated as
a Step 3 grievance and Article 29 Grievance and Arbitration Procedure -
shall apply.
Section 7.
An
employee shall have the right to request that a representative of the Union be
present at any disciplinary hearing that is held.
ARTICLE 29
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1. Introduction
The
parties recognize that Massachusetts General Laws Chapter 150E Section 8
provides a mechanism for arbitration of disputes between the parties to a
collective bargaining agreement and further provides that the parties to an
agreement may establish an independent grievance procedure culminating in final
and binding arbitration. It is the
intent of the parties to this Agreement to use their best efforts to encourage
the informal and prompt settlement of grievances which may arise between the
Union or an employee or group of employees and the Employer. In the event the Union or an employee elects
to pursue any matter covered by this Agreement in any other forum, the Employer
shall have no obligation to process or to continue to process any grievance or
arbitration proceedings pursuant to this Article or the Affirmative Action
Article herein.
Section 2. Definitions
A. Grievance - “Grievance” shall mean any
dispute concerning the application or interpretation of the terms of the
collective bargaining agreement. It
shall be a written statement on a Grievance Form setting forth all the known
facts material to the alleged breach on which the grievance is based, including
the date when such breach is alleged to have occurred and the specific
contractual provisions alleged to have been breached, and shall set forth the
remedy requested.
B.
Grievant - “Grievant” shall mean
an employee or group of employees, as the case may be, who, pursuant to the
terms of this Agreement, seeks resolution of a grievance.
C. Day - Except as otherwise
provided in this Article, “day” shall mean a work day.
Section 3. Procedures for Filing a
Grievance
A. Step 1: Informal - Immediate -
Supervisor and/or Department Head
The Union and/or the
grievant shall institute the grievance procedure of this Article by filing with
his/her Immediate Supervisor during the term of this Agreement a written
grievance. Said grievance shall be filed
within seven (7) days from the date of the occurrence of the event or the date
on which the unit member had or should have had reasonable knowledge of the
event or conditions upon which the grievance is based. Within three (3) days after receipt of such
notice, the Immediate Supervisor, and/or the Department Head where appropriate
in the judgment of the appointing authority, shall meet or arrange to meet with
the Union and/or the grievant in an attempt to resolve the grievance. If within five (5) days after such meeting,
the Union and/or the grievant and the Immediate Supervisor and/or Department
Head have failed to agree upon a resolution of the grievance, the Union and/or
the grievant may elect to proceed to the next level.
B. Step 2: Department
Head and/or Director of Human Resources
If the Union and/or the grievant
elects to proceed to this Step, then within seven (7) days after the expiration
of the final time period provided for in Step 1, he/she or the Union shall file
a written grievance with the Department Head.
The Department Head, and/or the Director of Human Resources, or
designee, if appropriate in the judgment
of the appointing authority, shall meet or arrange to meet with the Union
and/or the grievant within five (5) days to resolve the dispute and shall
respond in writing within fifteen (15) days from the conclusion of the Step 2
Grievance Hearing.
C.
Step 3: Campus Chancellor or Designee
If the Union and/or the grievant
elects to proceed to this Step, then within seven (7) days of receipt of the
Step 2 decision, or the expiration of the time period provided for in Step 2
above, the Union and or the grievant shall send a notice of this intent to the
Chancellor, or designee. The Chancellor,
or designee shall meet or arrange to
meet with the Union and/or grievant within ten (10) days for review of the
grievance and shall render a written opinion within twenty (20) days from the
conclusion of the Step 3 Grievance Hearing.
D. Step 4: President
of the University of Massachusetts
If
the Union and/or the grievant elects to proceed to this Step, then within ten
(10) days of receipt of the Step 3 decision, or the expiration of the time
period provided for in Step 3 above, the Union and/or the grievant shall file a
notice of this intent with the President of the University of Massachusetts or
his/her designee (hereinafter in this Article “President” and a copy of such
notice with the Chancellor. The
Chancellor shall forward, forthwith, a complete copy of the grievance record to
the President. Within twenty five (25)
days of receipt of the notice required to initiate this Step, the President
shall review said grievance and issue a written decision.
E.
Step 5: Arbitration
Within
30 days of receipt of the Step 4 decision, or the expiration of the time period
provided for in Step 4 above, arbitration of a grievance may be initiated
subject to and in accordance with the following provisions:
a.
The Union shall have the exclusive
right to initiate arbitration of
a grievance.
b.
The Union may initiate arbitration
of a grievance only if the
resolution
of the grievance has been sought through all four (4)
prior Steps of the grievance procedure, except as
is otherwise
provided
in this Article;
c. The Union shall initiate arbitration by
giving written notice to the
President
and Chancellor within 30 days that it intends to
submit
a grievance to arbitration.
d. The arbitrator shall be selected and
the arbitration conducted
pursuant
to normal American Arbitration Association procedures.
Costs
of Arbitration
In all arbitration
proceedings, the arbitrator's fees and expenses shall be paid fifty percent by
the Union and fifty percent by the appropriate institution. In all other respects the parties shall bear
their own cost of arbitration.
Section 4. Decision of the Arbitrator
A.
The arbitrator shall have no power to add
to, subtract from, or modify any provision of this Agreement or to issue any
decision or award inconsistent with applicable law.
B. Within thirty (30) days after the
conclusion of the hearing, the arbitrator shall make his determination. The decision of the arbitrator shall be final
and binding on all parties to the arbitration proceeding including the grievant
and shall be enforceable in any court of competent jurisdiction.
Section 5. Union Representation
Any
member of the Unit may initiate and pursue a grievance through the
first four (4) steps of the
grievance procedure without intervention by any agent of the exclusive
representative, provided that the exclusive representative shall be afforded
the opportunity to be present at any conference held and that any adjustment
made shall not be inconsistent with the terms of this Agreement.
Any
employee may request that the Union represent him/her at the initial step of
the grievance procedure. No other
representative shall be permitted at Steps 1 - 5. If the employee chooses at any point during
the grievance procedure to not be represented by the Union then the Union shall
have no further responsibility to represent the employee in regard to that grievance. The Union shall notify the Immediate
Supervisor, the Department Head, and the Chancellor, as the case may require,
of the name and address of such Union representative at the time he/she is so
authorized to represent the grievant.
Section 6. Waiver and Admission
A.
Waiver If the Employer exceeds any time limit
prescribed at any step in the grievance procedure, the grievant and/or the
Union may assume that the grievance is denied and may, within twenty-five (25)
days of the response due date, invoke the next step of the procedure, except,
however, that only the Union may request impartial arbitration under Step
5. Failure of Union and/or the grievant
to comply with any of the provisions of this Article shall be deemed to be a
waiver of the right to seek resolution of the grievance under the terms of this
Agreement. In determining whether there
has been any such failure to comply with any of the provisions of this Article,
time shall be deemed to be of the essence, and any failure of the Union and or
the grievant to comply with any of the time limits prescribed herein shall be
deemed to be such failure to comply with the provisions of this Article;
provided, however, that the time limits prescribed herein may be extended in
any specific instance by mutual written agreement of the parties.
B. Admission The resolution of a grievance by the
immediate supervisor, the Department
Head, the Chancellor, the President
or any of their designees, as the case may be, shall not be deemed to be an
admission by the Employer that the grievance has, for any other purpose or
proceeding, standing as a grievance or constitutes an admission of any
violation or breach of the terms of this agreement, or is recognizable or
justifiable according to any applicable provisions of the law of the
Commonwealth.
C. Grounds of Appeal The Employer and the Union shall have the
right to appeal any final decision of the arbitrator pursuant to the provisions
of Chapter 150E, §8, and Chapter 150C, §10, 11, and 12 of the General Laws.
Section 7. Collateral Consequences of
a Grievance
The fact that a grievance is alleged by a member of the bargaining unit,
regardless of the ultimate disposition thereof, shall not be recorded in the
Official Personnel File of such member, nor shall such fact be used in the
making of any recommendation for the job placement of such member; nor shall
such member or any other member or members who participate in any way in the
grievance procedure be subjected to any action by the appointing authority whether disciplinary or otherwise, for having
processed such grievance; provided, however, that nothing herein contained
shall derogate or be deemed to derogate from the right of the appointing
authority to take any action that might be authorized or required to be taken
to give effect to the resolution of any grievance.
ARTICLE 30
MANAGEMENT RIGHTS
The Union and the University of
Massachusetts Lowell agree that the provisions of this Agreement shall be
expressly limited to conditions of employment covered by this Agreement, and no
provision shall be construed to restrain the Institution from the management of
its operations, including but not limited to the determination of the standards
of service to be provided and standards of productivity and performance of its
employees; the right to determine the size and composition of the work force;
to determine educational and work standards; to decide the location and number
of its offices, administrative buildings, dormitories, facilities, and physical
plant; to determine the quantity and type of equipment to be used in its
operation; the speed of such equipment or any job; to determine the content of
job classification; to promulgate reasonable rules and regulations; to select
supervisory and managerial employees; to discipline, demote and discharge
employees; to contract out work, to control and determine the state of products
which may be used by employees; to determine the time for work, staffing
pattern and work area, to determine the method and place of performing work
including the right to determine that the Institution's work force shall not
perform certain work; to transfer employees from one administrative area to
another; to schedule work shifts and work breaks; to determine the method of
performing work including the introduction of
improved methods and facilities; to determine whether such work shall be
performed by bargaining unit employees or others; to fix standards of quality
and quantity for work to be done; to determine whether any part or the whole of
its operation shall continue to operate; to establish, to change, or abolish
any service; to maintain order and efficiency in its facilities and operations;
to determine the duties of employees; to hire, layoff, assign, transfer,
retrench; to determine the qualifications of employees; to promote; to upgrade,
allocate, reallocate, or reclassify employees; to determine the starting and
quitting time; to require overtime, and all other rights and prerogatives
including those exercised unilaterally in the past, subject only to such
regulations and restrictions governing the exercise of these rights as
expressly provided in this Agreement, statute or law. Any management right set out in this Article
shall be subject to the grievance and arbitration provisions herein.
ARTICLE 31
SCOPE OF AGREEMENT
Section
1.
The parties agree that during
the negotiations of the terms of this agreement, they were afforded the
unrestricted right to negotiate all
matters covered by Chapter 150E; that they shall be governed exclusively by and
limited to the terms and provisions of the Agreement and that neither shall
have any other obligation or be obligated to negotiate with respect to any
matter pertaining to wages, hours, or other terms and conditions of employment
whether or not specifically included in this Agreement or discussed during the
negotiations preceding the execution of this Agreement.
Section
2.
No addition to, alteration,
modification, practice, or waiver of any term, provision, covenant or condition
or restriction in this Agreement shall be valid, binding or of any force or
effect unless made in writing and executed by the Employer and the Union.
Any prior agreements covering
employees covered by this Agreement shall be terminated and of no effect, upon
the effective date of this Agreement
and shall be superseded by this Agreement except for those benefits that are
specifically continued into the new Agreement by mutual consent.
ARTICLE 32
NO STRIKE/NO LOCKOUT
Section
1.
Neither the Union nor any
employee shall engage in, induce, support, encourage, or condone a strike, work
stoppage, slowdown or withholding of
services by employees.
Section
2.
The Union shall exert its best
efforts to prevent any violation of Section 1 of this Article and, if such action
does occur, to exert its best effort to terminate it.
Section
3.
The Employer agrees not to
engage in the lock-out of unit employees.
ARTICLE 33
SAVING CLAUSE
If any of the provisions of this
Agreement shall in any manner conflict with, or contravene any federal or state
law, or the rules and regulations promulgated thereunder, such provisions shall
be considered null and void and shall not be binding on the parties hereto; in
such event, the remaining provisions of this Agreement shall remain in full
force and effect and, upon mutual agreement, the Union and the Employer will
meet to negotiate a replacement for the lost article.
ARTICLE 34
COST ITEMS AND APPROPRIATION BY THE GENERAL COURT
Section
1. The
cost items contained in this Agreement are specifically subjected to
additional, complete, and identifiable appropriation by the General Court and
shall not become effective unless appropriations necessary to fully fund such
cost items have been enacted in accordance with Massachusetts General Laws, Chapter
150E, Section 7 and allocated by the Governor to the University of
Massachusetts, in which case the cost items shall be effective on the effective
date provided in this Agreement.
Section
2. All
employees shall receive the benefit of the cost items of this Agreement in the
cases where those cost items are effective for state-funded employees. In the case of Institute, Grant, or Contract
employees, support funds must be available in the specific institute, grant or
contract budget for the fiscal year in which payment must be made.
Section 3. The Employer shall make a request
for the funding of this Agreement as required by Massachusetts General Laws,
Chapter 150E, Section 7. In the event
the funding requested by the above section is not provided, the cost items
shall be returned to the parties for further bargaining.
ARTICLE 35
CONTRACTING OUT
Within a reasonable time prior
to the appointing authority contracting out work which will result in the
layoff of an employee who performs the function that is contracted out, the
Union shall be notified and the appointing authority and the Union shall
discuss the availability of similar positions within the appointing authority's
jurisdiction for which the laid-off employee is determined to be qualified and the
availability of any training programs which may be applicable to the
employee. In reviewing these placement
possibilities, every effort will be made to seek matches of work skill and
qualifications with available, comparable worth.
ARTICLE 36
PARKING
Proper parking facilities shall
be available to the employees covered by this Agreement within reasonable
proximity to their regular work locations.
The appointing authority shall
endeavor to maintain adequate lighting in all of said parking areas.
ARTICLE 37
UNIFORMS
Where uniforms are required,
present practice regarding issuance, cleaning, maintenance, and replacement
will continue.
ARTICLE 38
DURATION
This agreement shall be in force and effect until June 30,
2007 and the terms contained herein shall become effective February 1, 2005
unless otherwise specified. At the
written request of either party, negotiations for a subsequent Agreement on or
after March 1, 2007.
This Agreement will remain in full force and effect until a
new Agreement is executed or an impasse in negotiations is reached.
AGREEMENT SIGNED THIS DAY OF , 19
FOR THE SERVICE EMPLOYEES FOR
THE UNIVERSITY OF
INTERNATIONAL UNION, LOCAL MASSACHUSETTS
254 CLERICAL/TECHNICAL UNIT
APPENDIX C
Title Job
Grade
Administrative Asst. 15
Mail Clerk II 11
Second Class P.P. Engineer 18
EDP Entry Operator I 7
EDP Entry Operator III 12
Computer Operator I 14
Clerk IV 13
Accountant I 15
Stenographer I 7
Typist I 7
Library Assistant I(Higher
Ed. 10
Laboratory Technician I 14
Library Assistant II 14
Nuclear Engineering Asst. 15
Nuclear Model Shop Asst. 18
Bookkeeper II 12
Clerk III 11
Receiving Teller I 13
Second Class P.P. Engineer 18
Accountant II 16
Accountant III 18
Bookkeeper I 9
Stenographer II 10
Typist II 9
Library Asst. II (Higher Ed.)
12
Library Asst. III (Higher
Ed.) 14
Statistical Machine Op. I 10
Telephone Operator
7
Technical Asst. I 11
APPENDIX D
ADMINISTRATIVE COMPUTING AND PAYROLL SYSTEMS
The parties acknowledge that the University will be
implementing new administrative computing and payroll systems. To ensure that the changes required by these
systems are introduced and implemented in the most effective manner, the Union
agrees to support the University’s implementation and accepts such changes to
business practices, procedures, and functions as are necessary to achieve such
implementation (e.g. the change from a weekly to biweekly payroll system). The University and the Union will establish a
Special Labor-management Committee made up of an equal number of Union
representatives and Management representatives.
This committee shall be the sole forum for the parties to discuss any
issues of impact to the bargaining unit arising from the implementation of the
systems.
APPENDIX E
DIRECT DEPOSIT
The University and the Union agree that all employees
shall have their net salary checks electronicallly forwarded to an account or
accounts selected by each employee.