Table of Contents

Article 1, Recognition and Definitions………………………………………………….......... 2
Article 2, Management Rights…………………………………………………………......…4
Article 3, No-Interference and No-Lockout Guarantee……………………………......….… 4
Article 4, Non-Discrimination…………………………………………………………......... 5
Article 5, Union Security…………………………………………………………….....……6
Article 6, Initiation Fee or Processing Fee/Dues or Service Charge Checkoff………..........… 8
Article 7, Bulletin Boards……………………………………………………………......… 10
Article 8, Work Schedules…………………………………………………………......….. 11
Article 9, Classification and Wages…………………………………………………......…. 15
Article 10, Overtime……………………………………………………………….....…… 16
Article 11, Shift Premium……………………………………………………………......… 19
Article 12, Call Back Pay…………………………………………………………........…. 20
Article 13, Reporting Pay………………………………………………………………..... 20
Article 14, On-Call Pay………………………………………………………………....… 20
Article 15, Rates of Pay on Transfer……………………………………………………..... 21
Article 16, Seniority Definition and Loss of Seniority……………………………….........… 22
Article 17, Employee and Address Lists………………………………………………........ 23
Article 18, Probationary Employees……………………………………………………...... 24
Article 19, Reduction of the Working Force and Recall Procedures…………………........... 26
Article 20, Promotions and Other Transfers……………………………………………....... 29
Article 21, Return to Unit………………………………………………………………...... 37
Article 22, Holidays…………………………………………………………………….......37
Article 23, Season Days………………………………………………………………....... 39
Article 24, Personal Discretion Time…………………………………………………......... 41
Article 25, Paid Time Off………………………………………………………………...... 42
Article 26, Funeral Leave Pay…………………………………………………………....... 50
Article 27, Jury and Witness Service…………………………………………………......... 50
Article 28, Annual Military Duty………………………………………………………........ 51
Article 29, Leaves of Absence…………………………………………………………...... 52
Article 30, Group Life Insurance………………………………………………………....... 58
Article 31, Health Insurance……………………………………………………………...... 58
Article 31a, Group Dental Insurance Plan….……………………………………….…........ 61
Article 31b, Other Benefit Plans………………………………………………………........ 62
Article 32, Travel Accident Insurance…………………………………………………........ 62
Article 33, Disability Plan………………………………………………………………...... 62
Article 34, Retirement Plan……………………………………………………………........ 63
Article 35, Longevity Pay……………………………………………………………...........64
Article 36, Tuition Support Program………………………………………………….......... 65
Article 37, Health and Safety…………………………………………………………......... 66
Article 38, Discipline…………………………………………………………………..........68
Article 39, Grievance Procedure………………………………………………………....... 72
Article 40, Arbitration…………………………………………………………………....... 80
Article 41, Special Conference……………………………………………………….......... 83
Article 41a, Lead Person Pay…………………………………………………………........ 83
Article 42, Miscellaneous………………………………………………………………...... 84
Article 43, Waiver………………………………………………………………………..... 86
Article 44, Term of Agreement………………………………………………………….......87
Appendix A, Wage Schedules…………………………………………………………....... 88
Appendix B, Classification Titles and Pay Grades…………………………………….......... 93
Appendix C, Steward Districts and Chief Steward Classification Grouping………….. .........104
Appendix E, Classification Series……………………………………………………........ 113
Appendix F, Grievance Procedure……………………………………………………...... 117
Memorandum of Understanding, Miscellaneous………………………………...……........ 118
Memorandum of Understanding, Chairperson of the Bargaining Committee-Pay……........... 120
Memorandum of Understanding, Special Individual Rates.……………………...……........ 121
Memorandum of Understanding, Experimental Training Program………………...…….......123
Memorandum of Understanding, Union Orientation………………………..…………....... 126
Memorandum of Understanding, PTO Accrual……………………………..…………..... 127
Memorandum of Understanding, Pre-Arbitration Grievance Investigations…..………......... 128
Memorandum of Understanding, Safety Shoes………………………………………........ 129
Memorandum of Understanding, Alleged Misclassification of an Employee..………............ 130
Memorandum of Understanding, Technological Change……………………...….….......... 131
Memorandum of Understanding, Child Care…………………………………...….…....... 132
Memorandum of Understanding, Health Insurance……………………………………...... 133
Memorandum of Understanding, Work Schedule Option and Overtime Pay…………........ 134
Memorandum of Understanding, Hospitals and Health Centers Training Initiative..…............135
Memorandum of Understanding, President’s Pay……………………………………........ 136
Memorandum of Understanding, Article 20, Section D, Posting Procedures…………........ 137
Memorandum of Understanding, Retroactive Payments………………………………....... 138
Memorandum of Understanding, Instrument Processor/Sterilizer.……………………......... 139
Memorandum of Understanding, Arbitration Back Log &
Expedited Arbitration (XARB)…………………………......……………………………. 140
Memorandum of Understanding, Seasonal Leave of Absence…......……………………... 142
Memorandum of Understanding, One-Time Wage Payments ...…….......…………....…... 143
Memorandum of Understanding, PTO Accrual……………...……....…………………… 144
Memorandum of Understanding, Labor/Management Committee on Standardization
Qualifications for Selected Classifications…………………………...........……………… 145
Memorandum of Understanding, Personal Discretion Time (PDT) Renewal
Change and PTO Sellback Transition Period………………………............……………. 147
Memorandum of Understanding, Training…………………………....…………..……… 148
Memorandum of Understanding, Promotions and other Transfers
Classification Series…………………………………………….........…………………. 150
Memorandum of Understanding, Classification Review Project……..........……………… 151

 

 

1     The Regents of The University of Michigan, hereinafter called the "University" or the "Employer,” and AFSCME, Local l583, Affiliated with Council #25 AFSCME, hereinafter called the "Union,” enter into the following agreement, which amends the collective bargaining agreement executed on May 10 th 2002, and which collective bargaining agreement, as amended and fully bargained, settles and contains all matters with respect to wages, benefits, hours and other terms and conditions of employment for the term of the agreement.

 


ARTICLE 1

 

RECOGNITION AND DEFINITIONS

 

   SECTION A. DESCRIPTION OF UNIT

 

2     Pursuant to and in conformity with the Certification issued by the Michigan Labor Mediation Board on May 3, 1968, in case No. R67 I-308, the University recognizes the Union as the sole and exclusive represen­tative for the purposes of collective bargaining in respect to wages, hours and all other conditions of employment for all employees in the following described bargaining unit:

 

3     All service-maintenance employees at all facilities of The University of Michigan, excluding temporary employees, student employees, professional employees, teaching faculty, research staff, clerical employees, security officers, traffic enforcement officers, barbers, technical employees, supervisors, administrative staff and all employees in Unit A and Unit B found to be appropriate in Michigan Labor Mediation Board Case Number R65 H-25 and R65 H-28, decided September 27, 1967.

 

   SECTION B. DEFINITIONS

 

   4     The terms "employee" and "employees" as used in this Agreement (except where the Agreement clearly indicates otherwise) shall mean only an employee or employees within the bargaining unit described in Section A.

 

5      The term "temporary employee" shall mean any individual, or individuals, whose employment is fixed at the time of employment to not exceed ninety (90) calendar days, and will not exceed ninety (90) calendar days without the consent of the Union, and is for the purpose of meeting staffing shortages and staffing short-term projects or is irregular and casual except that the employment of any such individual during the month of May or June shall not exceed September 30 without the consent of the Union. A temporary employee may be used to fill in for an employee using PTO time or on an approved leave of absence for the duration of the absence not to exceed one (1) year. The University shall provide notification to the Union of all temporary employees who are being used to replace

employees on either PTO time or on approved leave of absence, which will include the names of the employees being replaced.

 

5a.     When a "temporary employee" is replacing an employee using PTO time or an approved leave of absence, the use of such a "temporary employee" shall not exceed the duration of the absence of the employee replaced, and in no event shall it exceed one (1) year.

 

5b.     Except as specifically provided for in reference paragraphs 5 and 5a above, no "temporary employee" who has been employed for up to ninety (90) days shall be employed for consecutive terms of employment in the same department or subdivision of a department without an intervening period of at least twenty-eight (28) calendar days between such consecutive terms of employment.

 

6     The term "full-time employee" shall mean an employee whose normal schedule of work is forty (40) hours per calendar week.

 

7     The term "part-time employee" shall mean any employee whose normal schedule of work is less than forty (40) hours per calendar week.

 

8     The term "student employee" shall mean any individual, or individuals, (1) enrolled in the University of Michigan and whose normal schedule of work is less than thirty (30) hours per calendar week or (2) pursuing a University educational program for which services related to that educational program are rendered.

 

9     It is understood that such an individual's status as a "student employee" will not be affected, though not enrolled, when working on a full-time basis during the following periods:

 

     a.   between consecutive terms;

   b.     during the Spring-Summer term (May-

       August).

 


ARTICLE 2

 

MANAGEMENT RIGHTS

 

10     All management rights and functions, except those which are clearly and expressly abridged by this Agreement, shall remain vested exclusively in the University. It is expressly recognized, merely by way of illustration and not by way of limitation, that such rights and functions include, but are not limited to: 1) full and exclusive control of the management of the University, the supervision of all operations, the methods, processes, means and Human Resources by which any and all work will be performed, the control of property and the composition, assignment, direction and determination of the size and type of its working forces; 2) the right to determine the work to be done and the standards to be met by employees covered by this Agreement; 3) the right to change or introduce new operations, methods, processes, means or facilities, and the right to determine whether and to what extent work shall be performed by employees; 4) the right to hire, establish and change work schedules, set hours of work, establish, eliminate or change classifications, assign, transfer, promote, demote, release and lay off employees; 5) the right to determine the qualifications of employees, and to suspend, discipline and discharge employees for cause and otherwise to maintain an orderly, effective and efficient operation.

 

 

ARTICLE 3

 

NO-INTERFERENCE AND

NO-LOCKOUT GUARANTEE

 

   SECTION A. NO-INTERFERENCE

 

11     The Union, and its officials, will not cause, support, condone, or take part in any interference with the operations of the University, nor will any employee or employees cause, support, or take part in any interference with the operations of the University during the term of this Agreement.


   SECTION B. NO-LOCKOUT

 

12     The University shall not conduct a lock-out of its employees during the term of this Agreement.

 

 

ARTICLE 4

 

NON-DISCRIMINATION

 

   SECTION A.

 

13     The University and the Union agree that there will be no discrimination in the application of this Agreement because of race, creed, color, national origin, age, sex, marital status, handicap, sexual orientation, Vietnam era veteran status or HIV antibody status.

 

13a     Nothing in this agreement shall be construed to prevent the University from making reasonable accommodations for individuals with disabilities as required by State and Federal laws.

 

14     Nothing in this Section shall be construed to prevent an employee alleging discrimination from exercising constitutional or statutory rights which may be available.

 

   SECTION B.

 

15     The University, in accordance with Michigan Public Act 379 of 1965, and as it may be amended from time to time, will not aid, promote, or finance any labor organization for the purpose of undermining the Union.

 

   SECTION C.

 

16     The University shall not discriminate against, intimidate, restrain or coerce any employee because of or with respect to his/her lawful union activity or his/her membership or non-membership in the Union.


ARTICLE 5

UNION SECURITY

 

   SECTION A.

 

17     During the life of this Agreement and to the extent the laws of the State of Michigan permit:

 

18     Every individual who becomes an employee after the execution date of this agreement and in the month following thirty (30) calendar days employment in the bargaining unit, shall tender to the Union, as a condition of continued employment, either the uniformly required initiation fee, or in the alternative, an amount equivalent to the uniformly required initiation fee as a processing fee.

 

19     Every employee, beginning with the month following thirty (30) calendar days employment in the bargaining unit, and every month thereafter, shall tender to the Union, as a condition of continued employment, either uniformly required union dues, or in the alternative, an amount equivalent to uniformly required union dues as a service charge.

 

   SECTION B.

 

20     No employee shall be terminated under Section A. of this Article unless:

 

21     The Union first has notified the employee by letter, explaining that he/she is delinquent in not tendering either the uniformly required initiation fee or processing fee and/or either uniformly required union dues or an amount equivalent to uniformly required union dues, and specifying the current amount of such delinquency and warning him/her that unless such initiation fee or processing fee and/or dues or service charge are tendered within thirty (30) calendar days he/she will be reported to the University for termination as provided in this Article, and

 

22     The Union has furnished the University with written proof that the procedure of Section B. 1. of this Article has been followed or has supplied the University with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Union must specify further, when requesting the University to terminate the employee, the following by written notice:

 

23     "The Union certifies that has failed to tender either uniformly required initiation fee or processing fee and/or uniformly required union dues or service charge required as a condition of continued employment under the collective bargaining agreement and that under the terms of the agreement, the University shall terminate the employee."

 

   SECTION C.

 

24     The Union shall indemnify and save the University harmless from any and all claims, demands, suits, or any other action arising from this Article or from complying with any request for termination under this Article.

 

25     To assist new employees, including other University staff members placed in the bargaining unit, with their obligation under this Article, the University will advise them of this obligation in writing, provide them with a Voluntary Authorization for Deduction of Initiation Fee or Processing Fee and Union Dues or Service Charge form and the address of the Union's headquarters.


ARTICLE 6

 

INITIATION FEE OR PROCESSING FEE

DUES OR SERVICE CHARGE CHECKOFF

 

26     During the life of this Agreement and to the extent the laws of the State of Michigan permit and as provided in this Article, the University will deduct an initiation fee or processing fee and current and periodic Union dues or service charge based upon a uniform dues and initiation fee schedule from the pay of each employee who voluntarily executes and delivers to the University the following authorization form:

 

27 VOLUNTARY AUTHORIZATION FOR DEDUCTION OF

   INITIATION FEE OR PROCESSING FEE AND UNION DUES OR SERVICE CHARGE

 

Local 1583, AFSCME

 

   Name ___________________________________

(type or print)

 

   Social Security No. __________________________

 

   Department _______________________________

 

28     I authorize the University to deduct from wages earned or to be earned by me initial Initiation Fee or Processing Fee and Union Dues or Service Charge (check one) as certified to the University by the Secretary of the Union, and to remit the same to the Union at such time and in such manner as may be agreed upon between the University and the Union.

 

29     This authorization and direction shall remain in effect during the period of this Agreement, and unless revoked in writing by me at least thirty (30) calendar days prior to the termination date of the collective agreement between the University and the Union which is in force at the time of delivery of this authorization, such authorization and direction shall be automatically renewed for the period of each succeeding applicable collective agreement between the University and the Union unless revoked in writing by me at least thirty (30) calendar days prior to the termination date of each applicable collective agreement between the University and the Union. This authorization and direction shall be automatically revoked upon my termination of employment with the University.

 

 

   _____________________________

   (Signature of Employee)

 

 

   _____________________________

   (Address of Employee)

 

 

   _____________________________

   Date of Signing

 

 

   _____________________________

   Date Delivered to University

 

30     The following certification form shall be used by the Union when certifying initiation fee or processing fee and membership dues or service charge:

 

CERTIFICATION OF SECRETARY OF UNION

 

31     I certify that the membership dues or service charge for employees in the bargaining unit is per ___ and that the initiation fee or processing fee is $ ­ .

 

   Date _____________ Signature_________________________

                Secretary of Union

 

   Date of Delivery to University ________________________

 

32     Payroll deductions shall be made only from the pay due employees for each bi-weekly pay period; provided, however, the initial deduction for any employee shall not begin unless both (1) a properly executed "Voluntary Authorization for Deduction of Initiation Fee or Processing Fee and Union Dues or Service Charge" and (2) the amount of the initiation fee or processing fee and membership dues or service charge certified by the Secretary of the Union has been delivered to the University at a place designated by the University at least thirty (30) calendar days prior to the last day of a bi-weekly pay period. Changes in the amount of the initiation fee or processing fee and membership dues or service charge also must be delivered to the University at a place designated by the University at least thirty (30) calendar days prior to the last day of a bi-weekly pay period before the change will become effective.

 

33     An employee may revoke his/her "Voluntary Authorization For Deduction of Initiation Fee or Processing Fee and Union Dues or Service Charge" only as provided by the terms of his/her voluntary authorization.

 

34     All sums deducted by the University shall be remitted to the Secretary of the Union at an address given to the University by the Union, once each month by the fifteenth (15th) calendar day of the month following the month in which the deductions were made, together with a list of names and the amount deducted for each employee for whom a deduction was made. The University will also notify the Union of the name of each employee who revokes his/her "Voluntary Authorization For Deduction of Initiation Fee or Processing Fee and Union Dues or Service Charge.”

 

35     The University shall not be liable to the Union by reason of the requirements of this Article for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the employee. In addition, the Union shall indemnify and save the University harmless from any liability resulting from any and all claims, demands, suits or any other action arising from compliance with this Article, or in reliance on any list, notice, certification or authorization furnished under this Article.

 

 

ARTICLE 7

 

BULLETIN BOARDS

 

36     The University shall provide the Union with space on not less than seventy-five (75), unless the parties mutually agree to a different number, glass enclosed, lockable bulletin boards. The Union will be furnished with one (1) key for each board and a list of locations. The location of any board which is to be changed shall be by mutual agreement of the parties. The Union's exclusive space on these boards shall be thirty-six (36) inches by forty-two (42) inches which shall be for the purpose of posting union notices.

 

   Any material posted must be authorized by the Union and designated as an official Union publication. Such notices may be posted by the day shift steward, or the alternate steward if the steward is absent from work in his/her district. If a vacancy occurs in both the steward and alternate steward appointments in a steward district, the Bargaining Chairperson may designate an employee from the district of the vacancy to post the notices after informing the University Human Resources/Affirmative Action Office. Although not limited to the following notices, they shall be of that type:


37

1.   Recreational and social events of the Union;
2.     Union meetings;
3.     Union elections, appointments;
4.     Results of Union elections;
5.   General communication relevant to the Union's role as a collective bargaining agent.

 

38     It is understood that such notices shall not be derogatory or inflammatory.

 

39     In the event a dispute arises concerning the appropriateness of material posted, the Chairperson of the Bargaining Committee will be advised by the University Human Resources/Affirmative Action Office of the nature of the dispute, and the notices will be removed from the bulletin boards until the dispute is resolved.

 

 

ARTICLE 8

 

WORK SCHEDULES

 

   SECTION A. SCHEDULE OF WORK

 

40     Each full-time employee, unless he/she is specifically designated as having a special schedule, shall have a regular schedule of work which shall consist of the following:

 

41     Five (5) consecutive work days of eight (8) hours each, excluding the lunch period provided in Section B., if non-paid, followed by two (2) consecutive days off; and

 

42     Starting times which do not vary from earliest to latest, by more than four (4) hours. The first work day of a regular schedule of work may begin on any calendar day.

 

43     "Special Schedule" means a schedule of work other than a regular schedule of work for which no notice of assignment for an entire calendar week need be given. This Section shall not be construed as and is not a guarantee of any hours of work per day or calendar week.

 

   SECTION B. LUNCH PERIODS

 

44     Lunch periods shall be scheduled as to time and duration by the University. Lunch periods of thirty (30) consecutive minutes or more shall be non-paid. Paid lunch periods shall not exceed twenty (20) minutes. If an employee has already started his/her non-paid lunch period as scheduled for a work day and he/she is directed to, and does, return to work before the end of thirty (30) consecutive minutes, he/she shall be paid for the time not worked prior to returning to work. Thereafter, the non-paid lunch period need not be rescheduled.

 

   SECTION C.

 

45     A full-time employee's assignment to a regular schedule of work will reoccur from calendar week to calendar week, while such a schedule exists and within the starting time variation permitted by Section A. for a minimum of twelve (12) calendar weeks. Such an employee will be given four (4) calendar days notice of his/her assigned schedule of work for the entire calendar week.

 

46     Changes in such an employee's assigned regular schedule of work will not be made from one calendar week to the next, except for employee absences and variations in the regular amount of work which were known prior to the required four (4) days notice of his/her assigned schedule.

 

46a     In the event that the regular schedule of work of an employee is changed to a different shift, notice of the change of regular work schedule and shift shall be given to the employee as soon as practicable but not less than ten (10) calendar days before the work schedule and shift change is to be effective.

 

46b     In the event that an employee will be assigned to a special schedule, as defined in SECTION A, notice of the change will be given to the employee(s) as soon as practicable but not less than 10 calendar days before the work schedule change. A special schedule assignment will be for a minimum of 12 weeks. The Union will be notified of the special schedule assignment, and expected duration, if known. Assignment to a special schedule will be offered in the same department, or sub division of a department such as a building, a separate geographic location or patient care unit to the employees in the classification with the greatest University seniority. Thereafter, assignment to the special schedule is made by assigning the employee with the least seniority in the classification to the special schedule. Such an employee may opt for alternate placement limited to the language in paragraphs 114 through 118, conditioned on ability to perform the work. Ability to perform the work means present skills, basic knowledge and physical fitness, within the knowledge of the University from its records or as otherwise made known to the University, to competently perform the full range of duties of the position in question. If not placed by paragraph 118 that employee will be assigned to the special schedule in the affected department conditioned on the ability to perform the work.

 

47     Changes in such an employee's assigned regular schedule of work will not be made during the calendar week, except for employee absences and unforeseen variations in the regular amount of work.

 

48     If a change in an assigned regular schedule of work is made as provided by this Section, the employee with the least seniority who is assigned to the same classification and shift in the same department, or subdivision of a department such as a building, a separate geographic location or patient care unit, will be changed, but not more than two (2) consecutive times, providing the change would not adversely affect the operation of the University. If, however, an employee with more seniority requests the change, that employee will be changed.

 

49     If there are further changes, this procedure will be followed in reverse order of seniority until all employees have been changed. Thereafter, if necessary the procedure will be repeated.

 

50     In any case, a change in such an employee's assigned regular schedule of work will not be considered a violation of this Article when it results from the application of any other provisions of this Agreement or to maintain full-time employment.

 

51     Notwithstanding the minimum twelve (12) calendar week provision provided by this Section, the University may rotate the shifts and days off of full-time employees within a department or a subdivision of a department such as a building, a separate geographic location or patient care unit as the case may be, but not more often than once every twelve (12) calendar weeks.

 

52     Notwithstanding the schedule changes permitted by this Section, no chief steward, steward nor alternate steward shall be subject to such changes, as long as his/her assigned regular schedule of work continues to exist. If another schedule of work for the same classification in his/her area of representation exists and starts within two (2) hours of his/her assigned regular schedule of work, he/she shall be assigned to that schedule, replacing the employee with the least seniority whose work he/she has the ability to perform. The replaced employee shall then have his/her schedule changed.

 

53     Notwithstanding the provisions of Section A. of this Article, an employee's regularly assigned five (5) consecutive work days need not be followed by two (2) days off as a result of a regular schedule of work change as provided by this Section.

 

54     Notwithstanding any provisions of the Agreement to the contrary, an employee may be assigned to any regular schedule of work for the purposes of job orientation or a training program. It is understood that as soon as the orientation or training program is completed, the employee will be assigned to a schedule to which his/her seniority entitles him/her.

 

   SECTION D.

 

55     There shall be a rest period which shall be taken at a time and place and in a manner which does not interfere with the efficiency of the department. Such rest period shall be with pay and shall not exceed fifteen (15) minutes for each four (4) hours of work. The rest period is intended to be a recess to be preceded and followed by an extended work period. Consequently, it may not be used to cover an employee's late arrival to work or early departure, to extend the lunch period, nor may it be regarded as accumulative if not taken.

 

   SECTION E.

 

56     An employee who needs time to wash because of the nature and conditions of his/her job, will be excused by his/her supervisor to use necessary time, not to exceed ten (10) minutes, to wash before the end of his/her working period.

 


ARTICLE 9

 

CLASSIFICATIONS AND WAGES

 

   SECTION A. WAGE SCHEDULE

 

57     Wages shall be paid in accordance with the wage schedules as set forth in Appendix A.

 

58     The pay grade assigned to each existing classification and the pay grade assigned to each new or changed classification shall remain in effect and as assigned during the term of this Agreement unless the job content of a classification is significantly changed.

 

   SECTION B. NEW OR CHANGED CLASSIFICATIONS

 

59     In the event a new classification is established or an existing classification is changed, the University shall assign it to an existing pay grade in the wage schedule on the basis of the relative value of the elements of the new or changed classification in comparison with the elements of existing classifications which have a job content sufficiently similar or dissimilar in nature to provide a practical comparison.

 

   SECTION C. PROCEDURE FOR ASSIGNMENT OF A NEW OR CHANGED CLASSIFICATION TO A PAY GRADE IN THE WAGE SCHEDULE

 

60     The following procedure will be followed whenever a new or changed classification is assigned to a pay grade as provided in Section B.

 

61     The University shall provide the Union with a written classification description of the new or changed classification which shall describe the job content sufficiently to identify the classification.

 

62     Upon receipt of the University's description, the Bargaining Chairperson, or his/her designated representative, and not more than two (2) others from Council 25 and the International Union, with a representative of the University shall be afforded an opportunity to meet to discuss the new or changed classification and the assignment to a pay grade.

 

63     If there is a disagreement with the assignment to a pay grade, a grievance concerning compliance with Section B. of the Article may be processed through the Grievance and Arbitration Procedures, provided it is submitted in writing at Step Two of the Grievance Procedure within seven (7) calendar days after the Union is afforded the opportunity to discuss the matter with the University. If such a grievance is processed through the Arbitration Procedure, the arbitrator shall have no power or authority to establish or change any wage, but only to determine whether assignment to a pay grade has been made in accordance with Section B. of this Article.

 

 

ARTICLE 10

 

OVERTIME

 

   SECTION A. OVERTIME PREMIUM

 

64     An overtime premium of one-half the employee's hourly rate and shift premium or special premium, if applicable, will be paid for time paid as follows:

 

65   1.   In excess of an employee's regular schedule of work of not less than eight (8) hours in a day;

 

   2.   In excess of forty (40) hours in a calendar week;

 

   3.   During scheduled time off for a full-time employee on a regular schedule of work who has fully worked each of his/her scheduled work days in the calendar week except as such scheduled time off may be changed as provided in Section C. of Article 8.

 
65a     At an employee’s written request, the daily overtime premium in the above paragraph may be waived for a schedule change to a full or partial shift within the same calendar week, if approved by the employee’s supervisor. Following such a request, the employee is to receive a written answer not later than the end of the next regular working day. If the employee’s schedule change is approved with overtime being waived it is not to result in mandatory overtime for other employees.

 

66     In calculating the eight (8) and forty (40) hours to determine when the overtime premium is payable, (1) time when actual work is performed and (2) time off work for which pay is received pursuant to Article 25 (PTO), Article 26 (Funeral Leave Pay) and Article 22 (Holiday Pay), except paid time for a holiday which falls on an employee's scheduled day off, and (3) time off work pursuant to Article 27 (Jury and Witness Service) will be counted.

 

   SECTION B. PYRAMIDING

 

67     Overtime premium shall not be pyramided, compounded or paid twice for the same time paid.

 

   SECTION C. SCHEDULING

 

68      In general, overtime work shall be voluntary, provided, however, when at least forty-eight (48) hours advance notice of an overtime assignment is given, or when circumstances do not permit advance notice, an employee will be expected to work unless sufficient other employees capable of doing the work are available, in which case an employee who does not wish to work will be excused from overtime.

 

   SECTION D. DISTRIBUTION

 

69     Overtime within a unit of distribution shall be distributed as equitably as practicable among employees assigned to the same unit of distribution who are qualified to perform the overtime assignment. Whenever practicable, such overtime shall be distributed in the following order of priority:

 

70     Employee(s) within the unit of distribution, within the classification(s) of the assignment shall be offered the overtime first, starting with the employee with the least number of hours on the overtime log;

 

71     Other employee(s) within the unit of distribution, starting with the employee with the least number of hours on the overtime log.

 

72     In this connection, the University need not call in an employee to work rather than extend the shift of an employee already at work nor assign or call in an employee to work who has provided the University with a written statement that he/she does not wish to work overtime. Such a statement will be effective until withdrawn in writing by the employee. Nothing herein, however, shall prohibit the University from assigning or calling in such an employee to work if sufficient other employees capable of doing the work are not available.

 

73     New employees, employees returning from a leave of absence or layoff, employees transferred into a new unit of distribution or into another classification in the same unit of distribution, and employees withdrawing the written statement expressing the wish not to work overtime will be charged with the highest number of overtime hours then worked by any employee in the same classification in the unit of distribution. An employee who is continuously absent from work for one (1) month or more, for whatever the reason except as provided above, shall be charged for overtime in the same amount as the employee who was next lowest on the overtime record at the time his/her absence began, except he/she shall not be charged for any overtime charged to that employee during the first month of his/her absence.

 

74     Employees who work overtime or who are assigned overtime and do not work, whether excused or not, shall be charged for the overtime worked or offered for the purposes of equitably distributing overtime. Any inequitable distribution will be rectified in the future scheduling of overtime. An overtime record shall be maintained for each unit of distribution and posted within seventy-two (72) hours after any overtime is worked. Overtime assigned and not worked, whether excused or not, shall be color coded in red when posted. Overtime worked shall be posted in a contrasting color.

 

74a     The overtime record for each unit of distribution will begin at zero for all employees, effective with the beginning of the first pay period following the execution date of this Agreement and shall continue through the expiration date of this Agreement.

 

   SECTION E. DEFINITIONS

 

75     For the purposes of this Article and the computation of overtime premium the following definitions shall apply:

 

76   1.   "Day" means the twenty-four (24) consecutive hour period beginning with an employee's starting time on each work day.

 

77   2.   "Calendar Week" means seven (7) consecutive calendar days beginning at midnight between Saturday and Sunday.

 

78   3.   "Unit of Distribution" means either a department or a building or other separate geographic location even though employees are working in the same department.

ARTICLE 11

 

SHIFT PREMIUM

 

 

79     A shift premium in accordance with the schedule in paragraph 83a shall be paid to any employee who is scheduled to start work on or after 12 noon and before 8:00 p.m. Starting times within this period of time shall be known as the afternoon shift.

 

80     A shift premium in accordance with the schedule in paragraph 83a shall be paid to any employee who is scheduled to start work on or after 8:00 p.m. and before 4:00 a.m. Starting times within this period of time shall be known as the evening shift.

 

81     An employee who works beyond his/her scheduled hours shall continue to receive the shift premium, if any, if he/she works an additional full eight (8) hour shift, he/she shall be paid the shift premium for that shift, or the shift premium for his/her first eight (8) hours, whichever premium is greater.

 

82     If an employee's schedule of work is divided by a period of time exceeding one (1) hour (split shift), the second segment will be considered a starting time for determining shift premium.

 

83     A premium in accordance with the schedule in paragraph 83a, shall be paid to an employee during the period of time he/she is assigned to a special schedule and subject to schedule changes without notice. When an employee receives this premium, he/she shall not receive a shift premium.

 

83a       Shift Premium Schedule

Afternoon Shift

Evening Shift

Special Schedule

 

 

 

$.50

$.60

$.60

 

 ARTICLE 12

 

CALL BACK PAY

 

 

84     An employee who returns to work because of a call made after he/she has left the University premises upon completion of his/her assigned schedule of work shall receive the overtime premium as set forth in Section A. of Article 10 for the time worked, or a minimum of four (4) hours pay at his/ her hourly rate, and shift or special schedule premium, if applicable, whichever amount is greater. This shall not apply, however, to employees who are called in to begin work prior to the start of their shift and work continuously, except for a lunch break, into their shift, provided the University permits him/her to work his/her assigned schedule of work for that day. To the extent an employee is paid the overtime premium pursuant to this Article, he/she shall not be paid an overtime premium under Section A. of Article 10 for the same time worked.

 

 

ARTICLE 13

 

REPORTING PAY

 

85     An employee who reports to work at his/her scheduled starting time when he/she has not been notified that no work is available shall be paid his/her hourly rate, plus shift premium or special schedule premium, if applicable, for not more than ½ of the hours regularly scheduled during which no work is offered by the University. Such payment will not be payable if no work is available because of conditions beyond the control of the University such as fire, flood, tornado, power failure, labor dispute and student disruption, or if the employee fails to receive notice not to report through his/her own fault, such as absence or failure to provide a correct address or telephone number.  

 

 

ARTICLE 14

 

ON-CALL PAY

 

86     Each employee specifically designated as in an "on-call" status shall be paid twenty percent (20%) of the job rate for his/her classification for hours spent in that status. Employees, when designated for on-call status, are required to restrict their whereabouts to the extent that they are required to leave word at their home or with their supervisor where they can be reached and be in a position to return to work immediately when called. Upon return to work, such employees are not eligible for call back or reporting pay, as provided in Articles 12 and 13, nor for on-call pay while at work, but shall be paid their regular hourly rate, plus shift premium or special schedule premium, if applicable, or the overtime premium as set forth in Section A. of Article 10, if applicable, for actual work performed. Time spent in an on-call status shall not be counted in calculating time worked for determining when an overtime premium shall be paid.

 

 

ARTICLE 15

 

RATES OF PAY ON TRANSFER

 

87     Except for transfers on a temporary basis,

 

88     An employee with seniority who is transferred shall be paid the job rate for the classification to which he/she is transferred, and

 

89     A probationary employee who is transferred shall be paid the probationary rate for the classification to which he/she is transferred.

 

90     An employee who is transferred on a temporary basis to a classification in a lower pay grade shall have his/her hourly rate maintained.

 

91     An employee who is transferred on a temporary basis to a classification in a higher pay grade for fifty percent (50%) or four (4) hours of his/ her assigned schedule of work on any day of work shall be paid, dependent upon his/her employment status, either the job rate or the probationary rate for that classification for all hours worked during his/her shift.

 


ARTICLE 16

 

SENIORITY DEFINITION AND

LOSS OF SENIORITY

 

   SECTION A. DEFINITIONS

 

92     For the purposes of this Agreement, the following definitions shall apply:

 

93     "Seniority" means uninterrupted employment with the University beginning with the latest date of hiring with the University and shall include periods of University employment outside the bargaining unit, layoffs and other periods of absence authorized by and consistent with this Agreement.

 

   SECTION B. LOSS OF SENIORITY

 

94     An employee shall lose his/her seniority and no longer be an employee if:

 

95     He/she resigns or quits;

96     He/she is discharged (unless reversed through the Grievance or Arbitration Procedure);

 

97     He/she retires;


98      He/she does not return to work from layoff within seven(7) calendar days after being notified to return by certified or registered mail or by telegram addressed to the employee at his/her last address filed with the University Human Resources Office and the Union president, or his/her designated representative, has been notified in writing of that fact, except when the failure to return to work is due to circumstances beyond the control of the employee and the University has been so notified;

99     He/she has been on layoff for a period of time equal to his/her seniority at the time of his/her layoff or two (2) years, whichever is less; or

 

l00     He/she is absent from work for three (3) consecutive days without notifying the University, except when the failure to notify and work is due to circumstances beyond the control of the employee. After such absence, the University shall send written notification to the employee at his/her last known address that he/she has lost his/her seniority, and his/her employment has been terminated. In addition, the Chairperson of the Bargaining Committee, or his/her designated representative, shall be notified in writing of that fact.

 

101     A grievance involving compliance with this Section shall begin at Step Two of the grievance procedure, and may be processed through the Grievance and Arbitration Procedures by the Union only for an employee who has lost his/her status as an employee and his/her seniority, provided it is submitted in writing at Step Two of the grievance procedure within 10 days after facts have occurred giving rise to his/her grievance, except that in the event of employment termination as provided in paragraph 98 or 100 a grievance may be submitted, provided it is submitted in writing within 10 days after the Chairperson of the Bargaining Committee, or his/her designated representative, has received written notification of the termination.

 

   SECTION C. REINSTATEMENT

 

101a     If an employee with one or more years of seniority resigns or quits and subsequently is rehired by the University, within twelve (12) months of the termination of their previous employment, their original seniority date will be restored upon completion of three (3) consecutive years of employment, excluding time on leave of absence.

 

 

ARTICLE 17

 

EMPLOYEE AND ADDRESS LISTS

 

   SECTION A. EMPLOYEE LISTS

 

102     The University shall prepare and maintain a list which shall show the names alphabetically and the classification title, department number, pay grade, hourly rate and seniority date of all employees. The Union (Local 1583) shall be given two copies and Council 25 one copy of the list within thirty (30) calendar days after the date of this Agreement, and thereafter a current list monthly.

 

103     A departmental seniority list, including the same information, shall be maintained by each department. This list shall be available for inspection by the employee or his/her steward.

104     These lists shall be deemed correct as to an employee's seniority date unless the employee, or the steward for the employee, notifies the University to the contrary in writing after a list is given to the Union.

 

   SECTION B. ADDRESS LISTS

 

105      Monthly, the University shall give to the Union (Local 1583) two copies and Council 25 one copy of a list of employees together with their most current addresses as they appear on the records of the University. The Union (Local 1583) and Council 25 shall retain such information in confidence and disclose it only to those officials of the Union whose union duties require them to have such information.

 

   SECTION C. HIRE, TERMINATION AND LEAVES OF ABSENCE LISTS

 

106     The University, on a monthly basis, shall give to the Union (Local 1583) one copy of each of the following: (1) list of employees hired during the previous calendar month, (2) list of employees terminated, for whatever the reason, during the previous calendar month, (3) employees on a leave of absence and (4) employees who are on the active payroll lists but not the dues deduction register for the month. In addition to names, these listings shall include the same information provided on the seniority list.

 

   SECTION D. TEMPORARY EMPLOYEES LIST

 

107     The University, on a monthly basis, shall give to the Union (Local 1583) one copy of a list of temporary employees performing substantially the same work as employees in this bargaining unit, together with their classification title, department number, and the number of hours worked each bi-weekly pay period. The list shall include current available information with hours of work for the six (6) most recent consecutive pay periods.

 

 

ARTICLE 18

 

PROBATIONARY EMPLOYEES

 

108     An employee is a "probationary employee" for his/her first three (3) months of employment.

 

109     A temporary employee who becomes an employee in the same department in which he/she was performing substantially the same work as a temporary employee for any continuous period immediately preceding the date he/she became an employee, will have that continuous period counted towards completion of his/her probationary period.

 

109a      A temporary employee who becomes an employee in a different department immediately following a period of continuous uninterrupted employment will, following completion of his/her probationary period, acquire seniority from the date he/she began the period of continuous uninterrupted temporary employment.

 

110     No matter concerning the discipline, layoff or termination of a probationary employee shall be subject to the grievance and arbitration procedures. At the request of the Chairperson of the Bargaining Committee, however, the University through a designated representative, shall discuss the termination of the probationary employee with the Chairperson, provided the request is made within seventy-two (72) hours following the termination.

 

111     A probationary employee shall have no seniority, except as otherwise provided in this Agreement, until he/she has completed his/her probationary period. Upon the completion of his/her probationary period, he/she will acquire seniority from his/her date of hire. An employee who has a continuous period of temporary employment counted towards completion of his/her probationary period will acquire seniority from the date he/she began his/her continuous period of temporary employment. In the event this period of continuous temporary employment exceeds the limits set forth in Article 1 (ref. par. 4) without consent of the Union, the employee will also be provided PTO accruals as provided in Article 25 and Article 24 from the date that he/she began that continuous period of temporary employment.

 


ARTICLE 19

 

REDUCTION OF THE WORKING FORCE

AND RECALL PROCEDURES

 

   SECTION A. PROCEDURE FOR THE REDUCTION OF

   THE WORKING FORCE

 

112    When it is necessary for a department to reduce the workforce in a classification, temporary employees in the affected classification shall be removed first. Of the remaining employees, those employees with the least seniority in the affected classification in that department shall be removed first, provided that the employees remaining in the classification have the ability to perform the work available. In applying this procedure, full-time probationary employees shall be removed from the affected department and classification or replaced, as the case may be, prior to removing or replacing full-time, non probationary employees, and part-time probationary employees shall be removed or replaced prior to removing or replacing part-time, non-probationary employees.

 

113      A removed employee shall be transferred, conditioned upon ability to perform the work available, in the following order of priority:

 

114     To a vacancy, if any, in the same classification;

 

115       To a vacancy, if any, in another classification assigned to the same pay grade;

 

116     To replace an employee with the least seniority, if any in the same classification;

 

117     To replace an employee with the least seniority, if any, in the same pay grade;

  

118     To a vacancy, if any, in a classification assigned to the next lower pay grade;

 

119     To replace an employee with the least seniority, if any, in a classification assigned to the next lower pay grade;

 

120      The procedure set forth above shall be applied for an employee who is replaced as a result of the application of the above procedures.

 

121      In applying the procedures set forth above, a removed or replaced full-time employee shall be transferred to another full-time position. A removed or replaced part-time employee shall be transferred to either a full-time or part-time position. Part-time employees eligible for benefit programs may exercise seniority to maintain benefit eligibility rather than accepting a transfer to a position without benefit eligibility.

 

   NOTE: There is no paragraph 122 & 123.

 

124      A removed employee not transferred as provided in 2. above shall have the procedure set forth in 2. e and f applied to classifications assigned to each succeeding next lower pay grade until he/she is transferred or laid off.

 

125    The procedure set forth in 2. and 5. above shall be applied for an employee who is replaced as a result of the application of the above procedure until he/she is transferred a laid off.

 

126     This confirms our agreement that the application of the provisions of Article 19 shall not be on a bargaining unit wide basis but that the application shall be separate for each of the following areas:

 

   1.   Ann Arbor Campus

   2.   Dearborn Campus

   3.   Flint Campus

   4.   Each other separate geographic area

 

   NOTE: There is no paragraph 127, 128.

 

 

   SECTION B. PROCEDURE FOR RECALL

 

129     An employee with seniority who has been laid off or transferred as a result of a reduction of the working force shall be recalled to work, conditioned upon ability to perform the work available, in accordance with the reverse application of the procedure for reduction of the working force.

 

   SECTION C. SENIORITY PREFERENCE

 

130     For the purposes of this Article, the executive officers of the Union, the bargaining committee, chief stewards, stewards and alternate stewards shall have seniority preference over all the employees they represent, conditioned upon ability to perform the work available, provided, however, that in the application of subparagraph 2. of Section A., each priority shall include the following provision: "providing the department includes employees, or a vacancy for employees, represented.”

 

   SECTION D. TEMPORARY LAYOFFS

 

131     In the event employees with seniority are laid off because of a temporary discontinuance of operations, or any portion thereof, caused by the academic calendar or conditions not immediately correctable by the University, temporary adjustments in the work force can be made without application of the Reduction of the Working Force or Recall Procedures. The Union will be notified of such temporary adjustments. If such temporary adjustments continue for more than five (5) work days, the Union can request the University to apply the reduction of the working force procedure and the University will do so within the following five (5) work days.

 

131a     If the circumstances of a planned reduction in force or reduction in hours are known in advance by the University, the Union will be given written notice of the planned changes not less than 14 days prior to the reduction and an opportunity for explanation of the circumstances will be scheduled with the President, the Chairperson of the Bargaining Committee and the Chief Steward(s) for the classification(s) affected. It is understood that responsibility for notifying the employees affected remains with the University and that any disagreements regarding reductions will be submitted using the grievance procedure after employees have been notified.

 

   SECTION E. NOTICE TO UNION AND LIABILITY

 

132     Names of employees removed from a classification, given the option of remaining in the part-time position, or laid off in a reduction of the working force and recalled to work shall be given to the Union office in writing. A grievance alleging a violation of the reduction of the working force or recall procedures may be processed through Grievance and Arbitration Procedures, provided it is submitted in writing at Step Two within seventy-two (72) hours after the Union receives notification of a removal, a part-time option, or layoff or a recall to work.

 

  


SECTION F. DEFINITION

 

133     For the purposes of this Article "ability to perform the work" means present skills and basic knowledge and physical fitness, within the knowledge of the University from its records or as otherwise made known to the University, to competently perform the full range of duties of the position in question.

 

   SECTION G. PROCEDURE FOR THE REDUCTION OF HOURS

 

134     In the event the hours of work of a full-time employee with seniority are reduced to part-time for more than ten (10) work days, that employee shall have the option of remaining in the part-time position. If that option is not selected, the full-time employee with the least seniority in that classification in that department, provided that the employees remaining in the classification have the ability to perform the work available, shall have the option of remaining in the department in the part-time position, or be transferred, conditioned upon ability to perform the work available, in accordance with the procedures set forth in subparagraphs 2. through 6. of Section A.

 

 

ARTICLE 20

 

PROMOTIONS AND OTHER TRANSFERS

 

   SECTION A. DEFINITIONS

 

135     Promotion - A "promotion" is defined as the transfer of an employee to a regular job opening in a classification assigned to a higher pay grade.

 

136     Regular Job Opening - Except during the months of May and June, a "regular job opening" is a position which is expected to be filled for more than ninety (90) calendar days, except as provided in Article I, paragraph 5 regarding use of PTO time and leaves of absence. In the event that a position which was not expected to be filled for more than ninety (90) calendar days is still filled after ninety (90) calendar days, that position, upon request of the Union will become a "regular job opening" subject to the provisions of this Article for the balance of the need for it to be filled. The University will notify the Chairperson of the Bargaining Committee if the position is still filled after ninety (90) calendar days. During the months of May and June, the use of a "temporary employee" shall not exceed September 30.

 

137       Necessary qualifications - "Necessary qualifications" means that the records of the University or other knowledge made known to the University indicates the reasonable certainty that the employee will be able to perform competently the full range of duties of the regular job opening within a reasonable period of time.

 

   SECTION B. POSITION AND SHIFT CHANGES

   WITHIN A DEPARTMENT

 

138      An employee who wishes to change from one position to another position, or from one shift to another shift, within his/her own classification and department, shall fill out a “Request for Transfer” form supplied by the University identifying either a specific position or the location and/or days off and the range of starting times and file it with the department at a place designated by the department. The employee and the Union office will receive a copy of the filled out Request for Transfer form.

  

139      Position or shift changes may be made by the University among employees within a subdivision of a department such as a building, a separate geographic location or a patient care unit as the case may be, prior to considering Request for Transfer forms. If such changes are made they will be done on the basis of seniority. After this process, if it is utilized, and prior to posting, all Request for Transfer forms on file, and properly completed listing the specific information referenced in paragraph 138, at the time a regular job opening occurs shall be considered by the University for that regular job opening. Any Request for Transfer forms not properly completed listing the specific information required will be disqualified from consideration. During the month of December employees who want to be considered for a transfer during the following year may complete up to two (2) Request for Transfer forms and submit them to their department. The Request for Transfer forms are valid only for the following calendar year. Each December employees who want to be considered for position and shift changes in the following calendar year must complete new Request for Transfer form(s). Employees transferred or promoted into a department from another department may complete up to two (2) Request for Transfer forms and submit them to their new department after they have been in their new department a minimum of six months. These Request for Transfer forms will be valid only for the remainder of that calendar year. In the event a department changes an employee’s schedule, that employee will be allowed to submit one (1) request for transfer form within 30 days from when their schedule was changed.

 

139a     Notwithstanding the provisions of Article 20, paragraph 139, for the purposes of position or shift changes among employees, the following will be considered as centralized departments;

    

1. Hospital Materiel Services

     2. Hospital Food & Nutrition Services

     3. Hospital Environmental Services

     4. Ann Arbor Plant Building Services

     5. Ann Arbor Housing Residential Dining Services

6. Ann Arbor Housing Facilities

 

139b     In addition, an employee whose appointment is less than twenty (20) hours per week shall not have their assigned hours of work increased to a full time schedule as a consequence of the application of 1. and/or 2. above.

 

140      Among the employees considered, employees will be offered the position in accordance with seniority and in such a manner as will not adversely affect the operation of the University. The Chairperson of the Bargaining Committee, or his/her designated representative, will receive written notification where such an offer would adversely affect the operation of the University. An employee who has a Request for Transfer on file and refuses an offered position or shift change, will have that Request for Transfer form removed from the file and they will not be considered for that position or shift change under the provisions of Section B for the remainder of the calendar year.

 

   SECTION C. PROMOTIONS WITHIN A CLASSIFICATION SERIES EXISTING EXCLUSIVELY WITHIN A DEPARTMENT

 

141     In making a promotion or transfer within a classification series which exists exclusively within a department, the employee with the most seniority who has the necessary qualifications will be given the promotion or transfer when the classification is assigned to pay grade 2 through 6. When the classification is assigned to pay grade 7 or above, qualifications shall be the determining factor, except that among those with equal qualifications, seniority shall control.

 

141a     In addition, and if as a result of reorganization within a department, or subdivision of a department, a different complement of classifications exists within the department, any position assigned to a new or additional existing classification within a classification series, will be subject to the provisions of this Section.

 

142     If a promotion or transfer is made under this Section, the seniority of employees shall be applied in the following order of preference: first - employees within a classification series from another classification(s) in the same pay grade; second - employees within a classification series from the classification(s) in the next lower pay grade; third - employees within a classification series from the classification(s) in each next succeeding lower pay grade.

 

143     The name of the employee who was promoted, together with his/her classification title and seniority date will be sent to the Union office.

 

144     For the purposes of this Article, the classifications in each series are set forth in Appendix E. From time to time, and after discussing the matter with the Union, the classifications assigned to the series may be changed by mutual agreement.

 

   SECTION D. PROMOTIONS AND TRANSFERS - POSTING AND BIDDING PROCEDURE

 

145    1.    If a regular job opening is not filled from within a department or in another manner consistent with the terms of this Agreement, the regular job opening, except for openings in pay grade 1 and openings which are filled by offering the opening to employees in seniority order through the first three orders of preference set forth below, will be posted throughout a posting area for six (6) calendar days, Monday through Saturday. Each of the following geographic areas shall be a separate posting area:

   2.    An employee in one of the posting areas as set forth above may make known to the University in writing that he/she wishes to be considered for a “regular job opening” in another posting area if such an opening is posted. Such a notification shall include the classification and the starting time or times and department or departments if these are essential factors. In such a case, this employee will be considered along with the bidders by the same standard set forth in #3 below, provided his/her written notification is received prior to the end of the posting period for that “regular job opening.”

 

3.   When the opening is filled, the employee with the most seniority among the bidders in the posting area who has the necessary qualifications will be given the promotion or transfer when the classification is assigned to pay grade 2 through 6. External candidates will not be considered by the hiring department until it has been determined that there are no qualified internal bidders. When the classification is assigned to pay grade 7 or above, qualifications shall be the determining factor, except that among those with equal qualifications seniority shall control. When the opening is filled under this Section, the seniority of employees shall be applied in the following order of preference: first- bidders within a classification series from the same or another classification in the same or higher pay grade; second- bidders within a classification series from the classification(s) in the next lower pay grade; third- bidders within a classification series from the classification(s) in each next succeeding lower pay grade; fourth- other bidders.

 

   4.    When the opening is to be filled in classifications assigned to pay grade 7 or above, employees meeting the posted qualifications shall be considered for the opening. Of those employees who possess the posted qualifications, no less than the three most senior will be interviewed. The most qualified of the internal or external applicants will be selected. When qualifications are equal, seniority shall be the determining factor.

 

146     However, no employee shall be promoted or transferred into a department or unit under the supervision of a relative. For purposes of this Article, relative means an employee's spouse, or the son, daughter, parent, grandparent, brother, sister, grandchildren (or the spouse of any of them), of either the employee or his/her spouse, or of any other related person living in the employee's household.

 

SECTION E. GENERAL PROVISIONS

 

147     “When a regular job opening is posted in accordance with Section D., the posting will note the classification, the pay grade, an accurate description of the duties to be performed in this particular job opening, the department, the starting time and the necessary qualifications for openings in pay grades 2 through 6, and the necessary and any desired qualifications for openings in pay grade 7 and above, for which the person must at least possess the necessary qualifications in order to be considered. A copy of the posting will be sent to the Union Office. The University shall include a sequential numbering system on all job postings.

 

147a    At the request of either the Union or University, a Special Conference shall be held to discuss and clarify any concerns or information regarding the relevance of necessary or desired qualifications posted for regular job openings.

  

148     During any period in which employees are being considered for promotion or transfer and during any posting period, the regular job opening may be filled by anyone on a temporary basis.

 

149     At the time a bid is received by the supervisor or the Human Resources Office, it will be dated and a copy returned to the employee. Only bids providing all requested information and received by the University within the posting period by the employee's supervisor or at a University Human Resources Office will be considered by the University prior to making a promotion or transfer. Once a regular job opening is posted, other methods of filling a regular job opening shall not be used until all bidders are considered in accordance with the standard set forth in Section D.

 

150     An employee who does not provide all requested information or deliberately falsifies information on the bid form may be disqualified.

 

151     Any bidder must be at work or otherwise available following the closing date of the bid and during the period when bidders are being considered. If a bidder is not at work or otherwise available to be considered, the bidder may be disqualified.

 

152     An employee who has received a disciplinary layoff within the twelve (12) month period prior to the date the University begins considering employees for a promotion or transfer, may be disqualified by the Human Resources Office. However, prior to such action, the University through a designated representative, shall discuss the matter with the employee and the Bargaining Chairperson or his/her designated representative.

 

153     An employee who is promoted or transferred to another classification will be given a reasonable period, but not to exceed one (1) month, to demonstrate in actual performance whether he/she has the ability to perform the work. If he/she does not have the ability to perform the work, he/she shall be returned to the classification from which he/she was promoted or transferred and given a written notice of reason. A copy of this notice will be sent to the employee's chief steward and to the Union office.

 

154     If the employee requests within the one (1) month period following a promotion or transfer from another classification, he/she shall be returned to a regular job opening in the classification from which he/she was promoted or transferred, but in any event, he/she shall be returned within the one (1) month period following his/her request. If there is no regular job opening in the classification from which the employee was promoted or transferred, the employee will be returned to any other regular job opening in the same pay grade for which the employee has the necessary qualifications. If no such regular job opening exists, the employee will be returned to a classification in the same pay grade consistent with seniority and ability to perform the work. An employee affected by such a return shall be placed or laid off in accordance with the provisions of Section A. of Article 19.

 

155     In the event that an employee is returned to the classification from which he/she was promoted or transferred, the University shall consider the other bidders prior to posting again.

 

156     An employee who has been hired, promoted or transferred, including an employee returned at the employee’s request, but not an employee returned by the University because the employee does not have the ability to perform the work, need not be considered by the University for a subsequent transfer or promotion during the twelve- (12) month period following the hire and six (6) month period following the transfer and promotion; unless the employee is the only bidder who meets the standard set forth in Section D.

 

157   An employee who has bid for a promotion or transfer in accordance with the provisions of Section D. and who has more seniority than the employee selected for promotion or transfer, will be notified in writing within twenty-one (21) days after a person has been selected for the job opening that he/she lacks the qualifications or he/she does not have equal qualifications, as the case may be, together with the name and seniority date of the employee promoted or transferred. A summary list of AFSCME bidders, and the name and seniority date of the person selected for the job opening will be sent to the Union Office within twenty-one (21) calendar days after the person has been selected. An employee who has been notified that he/she has not been selected for promotion to a classification in pay grades 2-6 because he/she lacks the qualifications may, through the Bargaining Chairperson, request an explanation. An employee who has been notified that he/she has not been selected for promotion to a classification assigned to pay grade 7 or above because he/she lacks the qualifications, may individually request an explanation. Upon request of the Bargaining Chairperson, the University will provide the Union with information and explanation as to why the chosen applicant was more qualified. This information will be provided to the Union no later than the Step Two hearing, if applicable.

 

158     Should a regular job opening fail to receive any bids for a minimum of three (3) different, but consecutive, posting periods, after written notice to the Union Office, the University may discontinue posting for one (1) year such regular job openings which subsequently occur in that classification, in that department and at that starting time. Thereafter, the University will again post any such regular job openings and the provisions of this paragraph shall be repeated. The Union shall be sent a written notice, on a weekly basis, of all regular job openings for which no bids were received by the University.

 

159     Simultaneous posting of more than one (1) opening at the same starting time in a classification within the same department shall be considered a single regular job opening for the purposes of this Article.

 

160     Promotions or other transfers resulting from the application of this Article can be questioned through the Grievance and Arbitration Procedures only by an employee who has more seniority than the employee selected for the promotion or transfer and/or who has a higher order of preference and, if applicable, who has bid prior to the closing date.

 

161     A grievance concerning compliance with this Article shall begin at Step Two of the Grievance Procedure provided the grievance is submitted in writing within the fifteen (15) calendar day period following the day on which the aggrieved employee had knowledge of the facts giving rise to the employee's grievance.

 

 

ARTICLE 21

 

RETURN TO UNIT

 

162     An individual who has performed the type of work now performed by employees in the bargaining unit who is or was in the past transferred out of the unit, but not to another bargaining unit, may be returned by the University to the unit. In such a case the return shall be to a vacancy in the classification from which he/she was transferred, or if none, then to a vacancy in a classification in the same pay grade. If no vacancy exists, the return shall be by replacing the least senior employee in the classification from which he/she was transferred. However, an individual placed in the bargaining unit from another bargaining unit or non-bargaining unit shall not use his/her University seniority date for the purposes of Promotions and Transfers for twelve (12) calendar months. Any employee placed in the bargaining unit from another bargaining unit or non-bargaining unit will be placed in a pay grade 01 position, unless otherwise agreed by the Union and the University, or the placement is to a regular job opening for which no bids were received or for which there were no bidders possessing the necessary qualifications.

 

Note: Paragraphs 163-188 are deleted.

 

 

ARTICLE 22

 

HOLIDAYS

 

   SECTION A.

 

189     The following holidays will be observed on the calendar day on which each falls, except that a holiday falling on Sunday will be observed on the following Monday and a holiday falling on Saturday will be observed on the preceding Friday:

 

190     1.   New Year's Day

     2.   Memorial Day

     3.   Independence Day

     4.   Labor Day

     5.   Thanksgiving Day

     6.   Day after Thanksgiving Day

     7.   Christmas Day

 

190a         Providing sufficient other employees capable of doing the work required are available, an employee may substitute up to three (3) days of his/her choice that are of greater personal significance than the designated Holidays for any three (3) of the designated Holidays within the calendar year in which the designated Holidays fall. A written request for such substitutions must be given to the employee's immediate supervisor on or before July 1 of each year.

 

   SECTION B.

 

191     The holiday shall be the consecutive twenty-four (24) hour period starting with the employee's starting time on the calendar day on which the holiday is observed.

 

   SECTION C.

 

192     Each full-time employee, other than an employee on layoff or on any leave of absence, shall receive eight (8) hours pay at his/her hourly rate plus shift or special schedule premium if applicable, for the holiday, provided the employee meets the following eligibility requirement:

 

193     He/she works his/her last scheduled work day prior to and his/her first scheduled work day following the holiday, unless his/her failure to work on either or both such days is excused because of (1) personal illness or injury as provided in Article 25, or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for him/her to meet his/her employment obligation. An employee who is late, but finishes his/her schedule of work, meets the eligibility requirement.

 

   SECTION D.

 

194     Each part-time employee normally scheduled to work eight (8) or more hours per calendar week, other than an employee on layoff or on any leave of absence, who meets the eligibility requirement set forth in Section C. shall receive pay for the holiday determined by multiplying his/her hourly rate plus shift premium, if applicable, times his/her normal schedule of hours per calendar week divided by five. Those normally scheduled to work less than eight (8) hours per calendar week shall not receive pay for the holiday.

 

   SECTION E.

 

195     In addition to the holiday pay as provided in Section C. or D., an employee who works on the holiday will be paid for the time worked at one and one-half times his/ her hourly rate and shift premium, if applicable. To the extent that an employee is paid pursuant to this Section, he/she shall not be paid an overtime premium under Section A. of Article 10 for the same time worked.

 

195a         If an employee is regularly scheduled to work on Christmas Day, New Year's Day or Independence Day that falls on a Saturday or Sunday, and the employee is regularly scheduled off on the Friday or Monday of the observed holiday, then such an employee will be eligible to receive holiday pay based on the Saturday or Sunday that the holiday occurred only.

 

   SECTION F.

 

196     An employee who fails to work on a holiday on which he/she is scheduled to work shall not receive holiday pay as provided in Section C. or D. unless his/her failure to work is excused because of (1) personal illness or injury as provided in Article 25, or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for him/her to meet his/her employment obligation.

 

197     When an employee is scheduled to work on a holiday, he/she will be given at least seven (7) calendar days notice unless circumstances do not permit advance notice.

 

 

ARTICLE 23

 

SEASON DAYS

 

   SECTION A.

 

198     Between the days observed as the Christmas Day and New Year’s Day holidays (except for University Hospitals, between December 15 and January 15), there shall be four (4) Season Days which may be designated on an individual basis.

 

SECTION B.

 

199     Each Season Day shall be the consecutive twenty-four (24) hour period starting with the employee's starting time on the calendar day on which the Season Day is designated.

 

   SECTION C.

 

200     Each full-time employee, other than an employee on layoff or on any leave of absence, shall receive eight (8) hours pay at his/her hourly rate plus shift or special schedule premium if applicable, for each Season Day for which the employee is not scheduled to work, provided the employee meets the following eligibility requirement:

 

201     The employee works the employee's last scheduled work day prior to and the first scheduled work day following the day observed as the Christmas Day and the New Year's Day holiday, respectively, unless his/her failure to work on either or both such days is excused because of (1) personal illness or injury as provided in Article 25, or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for him/her to meet his/her employment obligation. An employee who is late, but finishes his/her schedule of work, meets the eligibility requirement.

 

   SECTION D.

 

202     Each part-time employee normally scheduled to work eight (8) or more hours per calendar week, other than an employee on layoff or on any leave of absence, who meets the eligibility requirement set forth in Section C. shall receive pay for each Season Day for which the employee is not scheduled to work, determined by multiplying his/her hourly rate plus shift premium, if applicable, times his/her normal schedule of hours per calendar week divided by five. Those normally scheduled to work less than eight (8) hours per calendar week shall not receive pay for the Season Days.

 

   SECTION E.

 

203     An employee who works on a Season Day will be paid for the time worked at the employee's hourly rate and shift premium, if applicable. In addition and for each Season Day the employee works, an equivalent amount of time, not to exceed a total of thirty-two (32) hours shall be added to the employee's PTO accrual and, thereafter, shall be subject to the provisions of Article 25.

 

   SECTION F.

 

204     An employee who fails to work on a Season Day on which the employee is scheduled to work shall not receive the pay as provided in Section C. or D. unless his/her failure to work is excused because of (1) personal illness or injury as provided in Article 25, or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for him/her to meet his/her employment obligation.

 

205     When an employee is scheduled to work on a Season Day, he/she will be given at least four (4) calendar days notice unless circumstances do not permit advance notice.

 

Note: Paragraphs 206-229 are deleted.

 

 

ARTICLE 24

 

PERSONAL DISCRETION TIME

 

229a    A non-probationary employee may use personal discretionary time, provided the employee notifies the department head no later than thirty (30) minutes prior to the beginning of the employee’s shift, except when the failure to notify is due to circumstances beyond the control of the employee. Personal Discretionary time is limited to not more than twenty-four (24) hours (twelve [12] hours for employees working half time or less) in a 12 month period following the employees renewal date, and not more than 1/3 of the hours in any one month. It is not available for the last scheduled work day prior to nor the first scheduled work day following a holiday or other time off, whether approved or not, except regularly scheduled days off. Hours used under this Article shall be charged to accrued PTO time in not less than four (4) hour increments. In no case will the provisions of this Article be available if it is being used for the purpose of a work stoppage. Personal discretionary time will be viewed as an excused absence. An employee’s personal discretionary time renews on the employee’s seniority date.

 

Note: Implementation of the use of seniority date will begin in January 2006. During calendar year 2006, any employee with a seniority date that occurs between June 1 and December 31, shall have access to an additional 1.5 days (or 12 hours) of Personal Discretion Time. This access to 1.5 days (or 12 hours) of Personal Discretion Time will come available on June 1, 2006.

 

 

ARTICLE 25

 

PAID TIME OFF

 

SECTION A. ELIGIBILITY

 

229b     The Paid Time Off (herein after referenced to a “PTO”) program provides for paid time off from work for personal illness, family care responsibilities, vacation and personal business. An employee shall be eligible to receive PTO in accordance with the provisions of the Article when he/she meets the requirements of Sections B, C and D.

 

1.   Except as provided in 2. and 3. of this Section, full-time employees accrue PTO according to the following schedule:     

 

Seniority Monthly Accrual Maximum Accrual
0 to 5 Years 13.3 hours 240 hours
5 to 10 Years 17.3 hours 312 hours
Over 10 Years 21.3 hours 384 hours

 

An employee will accrue but not be eligible to use PTO prior to the completion of his/her probationary period. No full-time employee shall accrue PTO beyond the maximum total hours listed above (pro-rated for part-time employees). If an employee reduces his/her appointment fraction and correspondingly his/her maximum accrual, any PTO accrued over the maximum for the employee’s new appointment will be paid to the employee.

  

2.   During the calendar month in which a full time employee starts or ends employment, or starts or returns from any leave of absence, he/she will accrue PTO hours depending upon the day of the calendar month on which the event occurs as follows:

 

Day of Calendar Mo. Start of Employment or Return from Leave of Absence End of Employment or Start of Leave of Absence
One through ten 100% none
Eleven through twenty 50% 50%
Twenty-one through end none 100%

 

 

3.   Except as provided in 2. above, an employee shall not accrue any hours of PTO during any leave of absence or during any calendar month in which he/she is absent without pay for fifteen(15) or more work days. During any calendar month in which he/she is absent without pay for less than fifteen (15), but more than seven (7) work days, he/she shall accrue 50% of PTO accrual.

 

4.   Part-time employees normally scheduled to work eight (8) or more hours per calendar week accrue hours of PTO on a basis which is directly proportionate to that accrued by full-time employees. Those normally scheduled to work less than eight (8) hours per calendar week shall not accrue PTO.

 

5.   Hours of PTO accrue and are recorded on the first day of each calendar month of employment.

 

 

SECTION B. USAGE OF PTO – SCHEDULED

 

229c   1.   PTO may be used for scheduled absences (such as vacations, planned personal absences, preventative medical and dental care appointments, etc.) when approved in advance by the supervisor.

  

   Scheduled PTO time shall be scheduled to meet the work requirements of the University on a departmental basis with due consideration given to an employee’s wishes as to time and duration in accordance with the following procedure:

 

2.   Each department will post prior to March 1 and September 1 of each year and at such other times as may be established by a department any limitations concerning the scheduling of time off, including the election to close down any or all of the operations of the department and schedule time off during the close down period. Such limitations shall not include a limitation on the length of time off of an individual employee to provide time off for an employee with less seniority.

 

3.   Employees will request time off during the month of March and September for all scheduled time off to be taken during the following May through October and November through April respectively unless a department establishes a procedure in which time off can be requested on a more frequent basis, in which case time off will be requested for those time periods.

 

4.   Based upon these requests and within the time period established by a department, the department will schedule time off in order of preference by classification on the basis of seniority.

 

5.   Upon completion of the scheduling, the time off schedule shall be posted during the last week of April and October or on a more frequent basis as established by the department, and may only be changed because of work requirements caused other than by the scheduling of time off.

 

6.   An employee who transfers from a department and who has not taken his/her scheduled and posted time off loses his/her time off preference. In such a case, he/she will be permitted to reschedule, consistent with the work requirements of his/her new department.

 

7.   If a day observed by the University as a holiday as provided in Article 22 occurs during an employee’s time off, he/she shall, if otherwise eligible for it, receive holiday pay and will not have that time off charged against PTO accrual.

 

8.   Time off which is not scheduled and posted in accordance with the above procedure may be granted in the sole discretion of the University, provided it is requested as promptly as possible but no later than the beginning of the employee’s shift, except when extraordinary circumstances beyond the control of the employee cannot be corrected in time for him/her to meet his/her employment obligation, PTO time may be granted for the absences. Written Supervisory approval or disapproval of time not scheduled according to 229c shall be given to the employee within three (3) working days or prior to their requested time off, whichever comes first.

 

   SECTION C. PREVENTIVE MEDICAL AND DENTAL    CARE APPOINTMENTS

 

229d     A full-time employee or a part-time employee working thirty-two(32) or more hours in a calendar week, will be granted paid time off from his/her assigned schedule of work for a preventive medical or dental care appointment, including post-operative examinations and care, providing he/she gives his/her immediate supervisor written notice at least five (5) calendar days prior to the appointment, unless the appointment is scheduled by the University doctor. The written notice shall include the time and day of the appointment, the name of the doctor and the probable duration of the absence. A series of appointments may be included in the same notice. In the event that a doctor schedules a return appointment or post-operative examination or care which prevents giving the required notice, as much notice as possible based on the circumstances is required. In the event that the time of the appointment adversely affects the operation of his/her department, the employee will reschedule the appointment to a mutually convenient time. Notwithstanding the fact that such an absence is not the result of a sickness or injury within the meaning of this Article, the provisions of this Article shall apply.

 

   SECTION D. USAGE OF PTO-UNSCHEDULED

 

229e     In order to be paid for unscheduled PTO, an employee must call in at least thirty (30) minutes prior to the start of their shift unless circumstances are beyond the employee's control. For an unscheduled absence which is due to personal illness, PTO shall be payable to an employee provided the employee’s department head is notified of the nature of the sickness or injury and the probable duration thereof as soon as possible, but in no event later than the beginning of his/her shift, except when the failure to notify is due to circumstances beyond the control of the employee. All other unscheduled PTO, may be granted by the supervisor.

 

In all cases on returning to work from an absence due to personal illness an employee must certify on a form provided by the University the following:

 

1.   The nature of the sickness or injury which prevented him/her from working, including time, dates and circumstances, and whether or not under the care of a physician;

 

2.   The amount of time lost from work in hours because of the sickness or injury;

 

3.   The name of the person to whom advance notice was given, together with the time, or the reason notice was not given.

 

 

In the event that facts and circumstances indicate that the employee may not be eligible for PTO pay as claimed, evidence of eligibility may be required. A physician’s statement on a form provided by the University is such evidence, but will not be a mandatory requirement necessary to receive PTO unless other evidence is not satisfactory or except as provided below.

 

Arbitrary failure to follow accepted medical practice shall be reason for discontinuing or withholding PTO. If sickness or injury recurs frequently or regularly so as to raise a question about the employee’s general state of health, or there is an arbitrary failure to follow accepted medical practice, the University may require the employee to see the employee’s own physician and provide the University with a statement concerning his/her health problem, the treatment required and what can be expected. If the employee does not have a personal physician, the University will assist the employee in obtaining appropriate medical care.

 

The University may request a Sick Time Conference with an employee, the employee’s supervisor, a representative of the University Human Resources Office, the Bargaining Chairperson and the Chief Steward to discuss the employee’s sick time usage and ability to work. Although not limited to the following, information discussed shall be of the type:

 


1.   time lost from work due to sickness or injury;

2.   physician’s evaluation(s);

3.   ability of employee to meet employment obligation of regular and reasonable attendance.

 

If the University requires an employee to be examined by a physician or physicians of its choosing with a report of the findings made to the University, that examination and report will be without cost to the employee.

 

   SECTION E. SUPPLEMENTAL DISABILITY INCOME FOR    EXTENDED DISABILITY

 

229f     A full-time employee who has at least two full years of continuous service and has received PTO, as provided in this Article, for ten (10) consecutive work days (80 hours) will be eligible for up to not more than sixty (60) days (480 hours) of Supplemental Disability Income in the immediately following five (5) year period. This five (5) year period begins on the first day that the employee became eligible for Supplemental Disability Income.

 

This Supplemental Disability Income will be available to an eligible employee only for consecutive and contiguous work days of absence following an original ten (10) consecutive work days of absence for which PTO provided by this Article has been received. Thereafter other accrued hours of PTO are again used and paid.

 

A full time employee will have the full four hundred and eighty (480) hours of Supplemental Disability Income reinstated in full on the first day of the following each successive five year period provided the employee is at work on that day. If the employee is not at work on that day, reinstatement will take place on the day the employee returns to active employment. In no case will the employee be eligible for more than four hundred and eighty (480 hours of Supplementary Disability Income in any five (5) year period.

  

Part-time employees normally scheduled to work eight (8) or more hours per calendar week will be eligible for Supplemental Disability Income on a basis which is directly proportionate to that of full-time employees. Those normally scheduled to work less than eight (8) hours per calendar week shall not be eligible for Supplemental Disability Income.

 

   SECTION F. SELLING BACK UNUSED PTO TIME

 

229g   1.   Once per year full time employees may sell back to the University up to 10 unused PTO days (80 hours) at 100% of current value, providing that at least five days (40 hours) remain in their PTO bank to cover unanticipated absences. Part-time employees scheduled to work (8) or more hours per calendar week may sell back PTO days on a basis which is directly proportionate to that of full-time employees.

 

2.   During the October benefits open enrollment period, a written request to sell back some PTO time may be submitted. The written request must contain the following information:

 

     1.   Employee’s name

     2.   Employee’s Social Security number

     3.   Number of PTO hours the employee wishes to sell back

     4.   The minimum balance to be maintained in the employee’s PTO bank if greater than five days
(40 hours)

     5.   The employee’s signature

 

   Once submitted a written request may not be rescinded.

 

3.   Payment for PTO time sold back will be made in the employee’s last paycheck received in January.

 

   SECTION G. ACCRUAL TRANSFERS UPON PTO START UP

 

229h     Upon the start-up of the PTO program employees were credited with all accrued short term sick hours up to the permitted maximum accrual of 800 hours ( or if a part-time employee, the appropriate proportionate number of maximum accrued hours). These hours are available for employees to use to satisfy the 80 hour qualifying period for Supplemental Disability Income and for use, if necessary, immediately upon the exhaustion of the employee’s Supplemental Disability Income. Employees were also credited with 100% of their accruals for vacation.

 

  

SECTION H. PTO AND TERMINATION

 

229i     Unused PTO will be paid to the employee upon termination of employment, reduction in force, start of a military leave of absence (at employee’s option), and other leaves of absence.

 

   SECTION I. REPORTING TIME AND ATTENDANCE

 

229j     Time worked and absences from the normal work schedule are to be reported to the nearest 1/10 of an hour.

 

   SECTION J. PTO AND WORKERS’ COMPENSATION

 

229k     In the event an employee has received PTO pay due to personal illness or injury for any period of time for which the employee would otherwise be eligible for a loss of time Worker’s Compensation Benefit, a Worker’s Compensation Benefit will not be substituted for the PTO pay for the first eighty(80) hours of PTO time paid for the absence due to personal illness or injury. Thereafter the Worker’s Compensation Benefit will be substituted and the employee credited with any PTO time paid rather than the Worker’s compensation Benefit. In no case will an employee receive payment, whether it be from Worker’s compensation or PTO Pay in excess of what would have been paid if the employee had been at work. If, for whatever reason this has happened, adjustments in subsequent payments to an employee from whatever the source will be made. For the purposes of this section PTO is considered as sick pay.

 

SECTION K. PAY IN LIEU OF PTO TIME

 

229l     An employee will receive pay in lieu of paid PTO time only after completion of the employee’s probationary period and then only under the following circumstances.

 

1.   Retirement; or

2.   Start of a leave of absence

3.   Termination, for whatever the reason, provided that the employee has one (1) year of seniority at the time of termination; or

4.   Death, in which case a survivor will be paid; or

5.   Selling back of PTO


 

6.   Start of a leave of absence, except that an employee who is granted a leave of absence for for a period of six (6) months or less shall, upon written request, have up to one hundred twenty (120) hours of accrued PTO retained, provided the request is made prior to the beginning of the leave of absence.

 

SECTION L. PAY FOR ACCRUED PTO TIME

 

229m   1.   Pay for PTO time shall be at the employee’s rate of pay at the time taken, times the number of hours of accrued PTO time scheduled and used. Pay for PTO time shall be paid to the employee on the employee’s regular pay day.

 

2.   Pay in lieu of PTO time shall be at the employee’s rate of pay at the time the event set forth in section K. occurs, times the number of hours accrued PTO time.

 

 

ARTICLE 26

 

FUNERAL LEAVE PAY

 

230     In the event of the death of (1) an employee's spouse, or (2) a domestic partner with whom the staff member shares living accommodations and expenses, or (3) the son, daughter, parent, grandparent, brother, sister, grandchildren (or the spouse of any of them), of either the employee or his/her spouse or domestic partner or (4) any other related person living in the employee's household, an employee who attends the funeral or service shall be granted time off work with pay (maximum of eight [8] hours a day at his/her hourlyrate plus shift or special schedule premium, if applicable). The amount of time off work with pay shall be only that which is required to attend the funeral or service and/or make necessary funeral or service arrangements, and (prior to or subsequent to the funeral or service) financial, custodial, or other necessary arrangements for surviving family member, but in no event shall it exceed three (3) work days.

 

231     If additional time off is needed, the employee may request the use of accrued PTO time.

 

232     In the event that an employee is on PTO, the provisions of this Article nevertheless shall apply.

ARTICLE 27

JURY AND WITNESS SERVICE

 233 An employee who loses time off his/her assigned schedule of work because of jury duty service or to testify pursuant to a subpoena shall be paid for such time lost at his/her hourly rate plus shift or special schedule premium, if applicable. Except as otherwise provided in this Agreement, such jury duty and witness service shall be considered time worked. The employee shall furnish the University a written statement from the court showing the days of jury duty or witness service and the amount of jury duty or witness fees he/she was eligible to receive for each day. The employee will report for work when released from jury duty or witness service.

234 An employee who does not lose time from his/her assigned schedule of work, but who nevertheless has performed jury duty service or testified pursuant to a subpoena within the eight hour period immediately before the beginning of his/her shift, at his/her request, may have an amount of time off work equal to the time he/she was required to spend in court during that eight hour period. In such a case, the employee will be paid for this time off, in the same manner as if he had lost time from work.

235 An employee who is required to report for jury duty service or testify pursuant to a subpoena following completion of a shift which ends after midnight, will be excused from work at midnight and paid for such lost time at his/her hourly rate plus shift or special schedule premium, if applicable.

235a None of the above provisions will apply to an employee who is a plaintiff, except for a plaintiff in a domestic dispute, whether testifying pursuant to a subpoena or not. Such an employee must make prior arrangements with the supervisor for either PTO or an excused absence without pay.

ARTICLE 28

 ANNUAL MILITARY DUTY

 236 An employee who is a member of the Armed Forces Reserves or National Guard and who loses time from his/her assigned schedule of work to participate in annual military training, or for service required as a result of a civil disorder or other temporary emergency, shall be granted an excused absence from work, not to exceed fifteen (15) work days in any one calendar year. Such an employee will be paid for the time lost at his/her hourly rate plus shift or special schedule premium, if applicable. Armed Forces Reserves or National Guard base pay shall be offset against such pay. Except as otherwise provided in this Agreement, such service shall be considered time worked. The employee shall furnish the University with written evidence of service and the amount of base pay he/she was eligible to receive. If an employee requests and is scheduled for PTO during a period of training or service, he/she shall not be eligible for the pay provided by this Article for that period of time for which he/she received PTO pay.

ARTICLE 29

LEAVES OF ABSENCE

SECTION A. MEDICAL

 

237 An employee with seniority who (1) is unable to work because of personal sickness or injury and (2) has exhausted PTO pay under Article 25 shall be granted a leave of absence without pay upon request in writing and furnishing evidence of disability satisfactory to the University. Such request and evidence may be furnished by the Union or any other interested party. Medical leave may be taken in an intermittent basis or on a reduced effort schedule up to an absence totaling 12 weeks, but only when medically necessary and PTO is exhausted.

238 The leave of absence shall be for the period of continuing disability, but not to exceed twelve (12) months, unless extended by the University. In no case, however, shall a leave and extensions exceed two years. To continue the leave of absence an employee must receive appropriate medical treatment and furnish satisfactory evidence of continuing disability. When necessary, physicians' opinions shall be the basis used to determine the question of appropriate medical treatment or evidence of continuing disability.

SECTION B. DISABILITY

239 Subject to, and consistent with, the University Disability Plan as provided for in Article 33, an employee who qualifies for disability benefits will be granted a leave of absence for an indefinite period.

SECTION C. PERSONAL

240 An employee with seniority may be granted a leave of absence without pay by the University for a period not to exceed six (6) months. The leave may be extended for additional periods, but in no case shall a leave and extensions exceed one year.

SECTION D. MILITARY

241 An employee entering the military service as (1) an inductee through the Selective Service System, or (2) a voluntary enlistee while having a 1-A selective service classification, or (3) a member of the Armed Forces Reserves or National Guard either pursuant to an order or call to active duty or active duty for training, or by volunteering during a period of national emergency, shall be granted a leave of absence without pay for the period of active duty or active duty for training, not to exceed four (4) years, plus additional time imposed by law and the period in which reinstatement must be requested as set forth in paragraph 248.

SECTION E. UNION

242 An employee with seniority who is elected or temporarily appointed to an elective office with the Union (Local 1583), Council 25 or the International Union, upon written request of the Chairperson of the Bargaining Committee of the Union, shall be granted a leave of absence without pay for the period of time for which elected or temporarily appointed.

243 An employee with seniority who is elected for regular employment with the Union (Local 1583), Council 25, or the International Union, upon written request of the Chairperson of the Bargaining Committee of the Union, shall be granted a leave of absence without pay for not more than a year. Upon written request of the Chairperson of the Bargaining Committee of the Union the leave will be extended for additional periods, but in no case shall a leave and extensions exceed two years.

SECTION F. UNION-EXCUSED ABSENCE

244 An employee with seniority who is elected or selected by the Union, upon the written request of the Chairperson of the Bargaining Committee, shall be granted an excused absence without pay for a period of time sufficient to attend conferences or conventions, provided, however, and except for executive officers of the Union, and chief stewards, not more than one employee from a department will be granted an excused absence at any one time. Provided further, no such request need be granted unless an oral or written request is received at least seven (7) calendar days prior to the requested time off. An oral request must be confirmed in writing. For the purposes of this Section, Sections I. and J. of this Article shall not apply, but the excused absences shall be considered time worked except as otherwise provided in this Agreement.

SECTION G. CHILDCARE

245 Within the twelve (12) month period following the birth of the employees child or the adoption or foster care placement of a child, an employee with seniority, upon written request, shall be granted a leave of absence without pay for not more than six (6) months. The leave may be extended for additional periods but in all cases a leave and extension must be completed by the end of one year from the date of the child's birth, adoption or foster placement.

245a "Child" is defined as a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person who is serving in the capacity of a parent and who is under the age of eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability.

SECTION H. FAMILY MEDICAL

245b An employee with seniority who is unable to work because s/he is needed to care for a seriously or chronically ill family member will be granted a leave of absence of up to twelve (12) weeks. The twelve (12) weeks is reduced by any medical or child care leave of absence taken in the current calendar year.

Family member is defined as the staff member's spouse or a domestic partner with whom the staff member shares living accommodations and expenses; and without regard to their place of residence, the child, sibling, parent, grandparent, or other related individual whose care is the responsibility of the staff member, spouse, or domestic partner.

An employee will not be required to use PTO or personal discretion time prior to taking a Family Medical Leave of Absence.

SECTION I. EDUCATIONAL

246 An employee with seniority shall be granted an educational leave of absence without pay for the purpose of pursuing a formal full-time educational program. Such a leave shall be for a period of up to one (1) year and shall be renewable for additional periods of up to one (1) year, but in no case shall a leave and renewals exceed four (4) years or the employee's seniority, whichever period of time is the lesser. An employee on an educational leave of absence shall not be eligible for benefits under the Disability Plan. For the purposes of this Section, and not withstanding Section A. of Article 16, seniority shall not accrue during an educational leave of absence or any renewal, provided, however, after return to work from an educational leave of absence, Section A. of Article 16 shall become applicable. Upon return to work from an educational leave of absence, or any renewal, an employee shall not be eligible for a further educational leave of absence until the employee has worked for at least twelve (12) calendar months.

SECTION J. RETURN TO ACTIVE EMPLOYMENT

247 The University, at its option and without cost to the employee, may require that a physician or physicians of its choosing examine the employee before returning the employee to active employment.

248 In addition, and in order to be eligible to return to active employment, an employee returning from a military leave of absence must have a certificate of satisfactory completion of service and apply for reinstatement within ninety (90) days after release from duty.

248a In addition, and in order to be eligible to return to active employment, an employee returning from any leave of absence must provide at least fourteen (14) calendar days notice of the employee’s intent to return from leave.

249 In addition, and in order to be eligible to return to active employment, an employee returning from a medical or childcare leave of absence must provide, at least fourteen (14) calendar days prior to the end of the leave, a statement from the employee's physician releasing the employee to return to work, except that this shall not apply in the case of a childcare leave of absence granted for an adoption.

250 Employees returning from initial child care, medical, or family leaves of absence which have not exceeded twelve (12) weeks will be returned to their former position or an equivalent position. At the conclusion of an initial child care, medical or family leave of absence which exceeded twelve (12) weeks a part-time employee eligible to return will be placed in their former department and classification; and if formerly eligible for health insurance, in an appointment of 20 hours or more; provided that the circumstances of the employee or the University have not changed so as to make this impracticable. In like manner, a full-time employee returning from a medical or childcare leave of absence which exceeded twelve (12) weeks will be placed in their former department, classification and full-time status. At the conclusion of any other leave of absence (excluding military leaves), employees will be placed at their former hourly rate of pay. In any case, placement will be consistent with seniority and ability to perform the work. In cases where a leave is not for a fixed period of time or when an employee returns prior to the expiration of any leave, or extension, the return to active employment shall be within the fourteen (14) calendar-day period after notice is given to the University. If the return is not timely the employee will be terminated, unless extraordinary circumstances beyond the control of the employee prevented the employee from returning as scheduled, except that continuation of the reasons that the employee was granted a leave shall not be an extraordinary circumstance. If the employee was able to (1) seek a leave extension prior to the leave expiration or (2) notify the University that the return would not be timely, but did not, this exception to termination shall not apply. Employees affected by this return shall be placed or laid off in accordance with the provisions of Section A. of Article 19.

250a A Chief Steward, District Steward or Alternate Steward returning from a leave of absence shall have the option to be placed in the same job classification in the same Chief Steward Classification Grouping or Steward District in which he/she previously worked.

SECTION K. GENERAL CONDITIONS

251 During a leave of absence, an employee will not accrue PTO nor be eligible for any payments for time off work provided by this Agreement.

252 Subject to, and consistent with, the Group Health Insurance Plan, coverage may be continued during a leave of absence provided direct payment of the total premium is made through and as prescribed by the University, except as provided by the University Disability Plan.

252a Subject to and consistent with the Group Health Insurance C Plan and the Group Dental Assistance Plan coverage including University contributions will be continued for up to 12 weeks in each 12 month period for employees with 12 or more months of service during Child Care, Family Medical and Personal Medical leaves of absence. Eligibility for such coverage shall be renewed each January 1.

253 Subject to, and consistent with, the Group Life Insurance Plan, coverage may be continued during a leave of absence provided direct payment of the employee's portion of the premium is made through and as prescribed by the University, except as provided by the University Disability Plan.

254 During a leave of absence, both the University's and the employee's contributions to the Retirement Plan are discontinued, except as provided by the University Disability Plan, provided, however that subject to and consistent with the Retirement Plan, an employee on a leave of absence may continue active participation by making direct payment of any amount to TIAA-CREF, Fidelity or Calvert.

254a As a condition of being granted an extension of a Personal, Military, Childcare or Educational Leave of Absence, an employee must request an extension of the leave at least thirty (30) days prior to the expiration of the leave of absence.

255 Unless otherwise specifically provided for by this Agreement, seniority shall accumulate during a leave of absence and extensions.

SECTION L. SEASONAL LEAVE OF ABSENCE

255a Not more than eighty (80) Seasonal Leave of Absence positions, University wide, may be established, including Flint and Dearborn campuses to include a prearranged period of inactive employment of from three (3) weeks to four (4) months. An employee working in such a position will not receive University pay nor be eligible for unemployment compensation during the period of inactive employment. Such a regular job opening will be posted designating the appropriate periods of inactive employment. The provisions of Article 20, Promotions and Other Transfers and Article 19, Reduction of the Working Force and Recall Procedures shall not be available for, or applicable to, any employee during the period of inactive employment. PTO accrual shall cease during the period of inactive employment and shall resume upon return to work. University contributions to health, dental, and life insurance will continue during the seasonal leave of absence and employee contributions to these plans (if any) will be deducted from the last paycheck prior to the seasonal leave. The Union will receive a quarterly report of employees on seasonal leaves of absence.

ARTICLE 30

 GROUP LIFE INSURANCE 

The Optional Life Insurance Plan shall be provided by the University within the Flexible Benefits Program. The amount of Optional Life Insurance coverage elected by an employee may range from $5,000 at the minimum to an amount equal to six times the employees salary, up to a maximum of $1,000,000. Salary as indicated is based upon an employee's job rate for a normal 40-hour workweek excluding overtime and other premiums. The cost of the Optional Group Life Insurance Plan is fully paid by the employee and is determined by the amount of coverage selected, current age, smoking status, and current salary. The amount of coverage chosen and its cost will increase when salary increases. The cost will also increase when moving into the next higher age bracket. 

The Dependent Life Insurance Plan shall be as provided by the University.  

 

ARTICLE 31

HEALTH INSURANCE

259 The Group Health Insurance Plan (medical and prescription drugs) shall be as provided by the University within the Flexible Benefits Program. Prior to the execution date of this Agreement the Union had the opportunity to have explained the hospital, medical, and prescription drug coverage available from the various organizations during the term of this Agreement and from which an employee can select coverage. In the event of any changes in the coverage from any of the organizations, the Union will be notified 90 days prior to the effective date of the change and the University will inform the Union on similar alternative plans offered by the University.

The Group Health Insurance Plan (medical and prescription drug) as of 01/01/06 will contain a 4-tier structure of coverage consisting of:

 

As of 01/01/06 for individual Employee coverage (Tier i: one adult) the Employer contribution toward the cost of the group health insurance plan premium will be 95% of the average premium cost of the two lowest-cost comprehensive plans. The Employer contribution toward the cost of group health insurance plan premiums for other tiers of coverage (those that include dependents) shall be the same contribution for the coverage for the employee plus an additional contribution for covered dependents, calculated such that the Employer pays 85% of the aggregate premium cost for all covered individuals. The Employee will be responsible for any additional premium cost above the base Employer contribution rate toward the Employee’s plan of choice.

260 In addition to the current health care programs offered by the University, the University will offer a Comprehensive Major Medical program where the full family coverage premium does not exceed the University’s contribution. It is understood that to accomplish this, the offered program may change from time to time. In the event the current Blue Cross and Blue Shield of Michigan Comprehensive Major Medical Plan ceases to be offered by the University the Union will be provided a 90 day notice of the change, The University agrees to maintain an similar alternative Comprehensive Major Medical Plan for the Union.

261 In addition, and if the University increases its monthly contribution for University employees not represented by a Union, the University will increase its contributions for employees in this bargaining unit in the same manner and to the same extent.

262 If, during the term of this Agreement, a federal or state law is enacted which requires the payment of taxes or premiums to either the federal or state government or another entity for hospital or medical benefits for employees, the University may make such adjustments in the schedules of benefits provided by this Article to avoid duplication of benefits. In addition, any such taxes or premiums paid by the University shall be included in the total dollar limitation provided in this Article.

262a The University will provide a monthly opt out credit to those employees who elect no health insurance coverage in the same manner as provided to employees not represented by a union. University employees who do not elect to opt out or enroll in a health insurance plan within 30 days of the eligibility date will be automatically enrolled in the employee only Comprehensive Major Medical Plan. Opt down credits will not be provided if automatic enrollment occurs. 

262b During the term of this Agreement and consistent with the terms of the Prescription Drug Plan, the following schedule of co-pays will be in effect for prescription drugs for the duration of the agreement.

Date Generic Preferred Non Preferred

1/1/05 $5.00 $10.00 $15.00

1/1/06 $5.00 $12.00 $20.00

1/1/07 $5.00 $12.00 $22.00

1/1/08 $5.00 $14.00 $24.00

1/1/09 $5.00 $14.00 $24.00

The Non Preferred co-pay will only be in effect if such co-pay is in effect for other University of Michigan employees.

ARTICLE 31A

 

GROUP DENTAL INSURANCE PLAN

 

262c   The Group Dental Insurance Plan shall be as provided by the University within the Flexible Benefits Plan. Prior to the execution date of this Agreement the Union has had the opportunity to have explained the dental plan coverage available during the term of this Agreement and from which an employee can select coverage. In the event of any changes in the coverage, the Union will be notified 90 days prior to the effective date of change. 

 

262d   In addition, and if the University increases its monthly contribution for University employees not represented by a Union, the University will increase its contributions for employees in this bargaining unit in the same manner and to the same extent.

 

262e   The Group Dental Plan shall be as provided by the University within the Flexible Benefits Plan. Employees have a choice of three dental plan options. During the term of this Agreement no less than the University of Michigan Dental Plan, Option I schedule of benefits in effect at the execution date of this Agreement will be provided and maintained. In the event of any changes in the benefits, the Union will be notified 90 days prior to the effective date of change. The University contribution toward dental plan coverage will be as provided in the same manner as provided to employees not represented by a union. The University will provide a monthly opt out credit to those employees who elect no dental coverage and have at least one year of continuous service. The opt out credit will be provided in the same manner as provided to employees not represented by a union. The University will automatically enroll employees in the University of Michigan Dental Plan, Option I after one year of continuous service.  

 

262f   If, during the term of this Agreement, a federal or state law is enacted which requires the payment of taxes or premiums to either the federal or state government to another entity for dental benefits for employees, the University may make such adjustments in the schedules of benefits provided by this Article to avoid duplication of benefits. In addition, any such taxes OR premiums paid by the University shall be included in the total dollar limitation provided in this Article.

 

 

ARTICLE 31B 

 

OTHER BENEFIT PLANS

 

262g   The Legal Plan; Long-Term Care Insurance; Flexible Spending Accounts (Health and Dependent Care) and a Vision Plan shall be as provided by the University within the flexible benefit plans. The University will maintain access to the above employee-paid benefit plans during the life of the contract.

 

 

ARTICLE 32 

 

TRAVEL ACCIDENT INSURANCE 

 

263   During the term of this Agreement and consistent with the terms of the Travel Accident Insurance Plan, the following, without cost to an employee, will be provided and maintained:

 

264   1.   The amount of the principal sum of insurance for full-time employees shall be $50,000, or five (5) times hourly rate times 2,080, whichever is more, but not to exceed $200,000, except as the amount may be reduced proportionately by a catastrophic accident.

 

265   2.   The principal sum will be paid for loss of life or any two members (hand, foot, or sight of one eye), not to exceed $200,000.

266   3.   One-half the principal sum for loss of any one member.

267   4.   Disability benefits.

 

ARTICLE 33 

 

DISABILITY PLAN

 

268      During the term of this Agreement and consistent with the terms of the Disability Plan, the following, without cost to an employee, will be provided and maintained:

269   1.   An eligible full-time employee shall receive a disability income which shall be 50% of the employee's monthly base income (hourly rate times 2,080 divided by twelve [12]) or $1,200.00 per month, whichever amount is less.

270   2.   In the event that cash benefits are received from other sources as set forth in the Plan, the disability income set forth in 1. above shall be adjusted so that the combination of disability income and cash benefits of other sources shall not exceed:  

 

    A.   75% of the employee's gross monthly base income;    or   

 

   B.   the employee's net monthly base income (gross monthly base income minus the employee's regular retirement, health insurance, federal income tax, state income tax, life insurance, and FICA deductions) whichever amount is less. Deductions will be calculated using the employee's actual dependency status.

 

271   3.   For each month that a disability income is received, Retirement Plan, Group Life Insurance, and Health Insurance Plan contributions shall be made by the University, if and when applicable as provided in the Disability Plan. 

 

 

ARTICLE 34

 

RETIREMENT PLAN 

 

272      During the term of this Agreement and consistent with the terms of the Retirement Plan, the following will be provided and maintained: 

 

273   1.   The University will contribute an amount equal to ten (10) percent of an employee's earnings each month and the employee will contribute an amount equal to five (5) percent of the employee's earnings each month, or 

 

274   2.   At the option of the employee, age thirty-five (35) or older, with two years of service and working at a 100% appointment effort, the University will contribute an amount equal to five (5) percent of an employee's social security base earnings each month and the employee will not contribute. When earnings are in excess of the social security base, 1. above shall apply. 

 

 


ARTICLE 35

 

LONGEVITY PAY

 

   SECTION A. ELIGIBILITY

 

275     An employee will be eligible for annual longevity pay in accordance with Section B. of this Article if (1) the employee received pay as an employee in the calendar year preceding the year of payment and (2) except as provided in Section D., the employee is still an employee on June 30 in the year of payment.  

 

   SECTION B. SCHEDULE OF PAYMENTS

 

276     Longevity pay shall be based on seniority as of June 30 in the year of payment and shall be computed as a percentage of Form W-2 gross earnings for the calendar year preceding the year of payment in accordance with the following schedule:

 

 

277 Percentage of Form W-2 Gross Earnings not to exceed:

  

   $12,000 in calendar year 2005

   $12,500 in calendar year 2006

   $13,000 in calendar year 2007

   $13,500 in calendar year 2008

     

   Seniority        

 

   6 or more, but less than 10 yrs. 2%  

   10 or more, but less than 14 yrs. 3%

   14 or more, but less than 18 yrs. 4%

   18 or more, but less than 22 yrs. 5%

   22 or more, but less than 26 yrs. 6%

   26 or more yrs.    8%  

  

 

   SECTION C. PAYMENT DATE

 

278      Longevity pay to an eligible employee shall be paid no later than July 31 in the year of payment.  

 

   SECTION D. RETIREMENT OR DEATH

 

279     If an eligible employee retires or dies, the employee or a survivor, as the case may be, shall nevertheless be entitled to the longevity pay based on the employee's seniority at the time of retirement or death.

 

280     Such longevity pay shall be prorated on the basis of completed calendar months of service from the preceding June 30 to the date of retirement or death.

 

 

ARTICLE 36

 

TUITION SUPPORT PROGRAM

 

   SECTION A. ELIGIBILITY

 

281     An employee will be eligible to receive tuition support as provided in Section B of this Article if (1) the employee has more than six (6) months seniority at the time of enrollment in educational course approved by the University at, or through, an educational or training institution approved by the University and (2) the employee successfully completes the educational course and (3) the employee was on the active employment rolls throughout this entire period. Approvals must be authorized prior to enrollment. “Successful completion” means a final transcript grade of “C” or better for credit courses and a certificate of satisfactory completion for a non-credit course.

 

282     An "educational course,” within the meaning of this Article, is one which either (1) is job-related or (2) prepares the employee to enroll in one that is job-related. The term "job-related" includes preparation for potential promotion as well as improvement in currently utilized skills and knowledge.  

 

   SECTION B. AMOUNT OF SUPPORT

 

283   University of Michigan Courses. Full-time employees will receive seventy-five percent (75%) of the cost of in-state tuition plus registration fees for up to four (4) credit hours per term. Part-time employees whose normal schedule of work is at least twenty (20) hours per calendar week, but less than forty (40) hours per calendar week, will receive tuition support proportional to that received by a full-time employee. Non-University of Michigan Courses. Full-time employees will receive tuition support of not more than seventy-five percent (75%) or eight hundred fifty-two dollars ($852.00) per term, whichever is less, for the cost of tuition plus registration fees paid by the employee. In no case shall an employee receive tuition support in excess of one thousand seven hundred four dollars ($1,704.00) for courses taken in any twelve (12) monthperiod. At the option of the employee, tuition support under this Article may be paid as either reimbursement or an advance. Part-time employees whose normal schedule of work is at least twenty (20) hours per calendar week, but less than forty (40) hours per calendar week, will receive tuition support proportional to that received by a full-time employee.

 

   If the University increases the tuition support amounts for University employees not represented by a union, the University will increase the amounts for employees in this bargaining unit in the same manner and to the same extent.

   SECTION C.

 

284     Educational courses under this program are to be taken during non-working hours.

 

 

ARTICLE 37

 

HEALTH AND SAFETY

 

   SECTION A.

 

285     The University shall continue to provide for the health and safety of employees during the hours of their employment. In this regard the University will receive and consider written recommendations with respect to unsafe conditions or other health and safety ideas from any employee or the Union.

 

286     A Joint Health and Safety Committee of University and Union representatives shall meet at least once a month for a regularly scheduled meeting to discuss unsafe conditions, health and safety ideas. At least one calendar week prior to the meeting, the University and/or the Union shall submit an agenda of matters to be discussed to the other party. If no such agenda is submitted, there shall be no meeting. If the Joint Health and Safety Committee feels that an investigation should be made concerning a particular practice or rule that affects the health and safety of employees, one regular Union member and one regular University member shall be designated to promptly investigate and thereafter report their findings to the Joint Health and Safety Committee which may make an appropriate recommendation to the University. The University shall respond in writing to the Joint Health and Safety Committee within seven (7) calendar days after receipt of any recommendation requesting action. Nothing in this section shall preclude or limit the University from conducting its own investigations and taking whatever action it deems necessary at any time. Representatives of the Union, not to exceed four (4), who have been designated as regular members of the Joint Health and Safety Committee shall not suffer loss of time or pay when absent from their assigned schedule of work while attending a meeting or participating in an investigation for the Joint Health and Safety Committee. The University and the Union shall exchange a list of its regular members. The other party shall be notified promptly in writing of any changes in its members.  

 

   SECTION B.

 

286a     It is recognized and understood by the Union and the Universitythat some of the work performed by employees in this bargaining unit involves potential hazards and risks inherent in the work itself.

 

286b     A working condition, procedure, operation or process will not, for the purpose of this Article, be considered unsafe if the work and the methods, practices and procedures required to perform it are in conformance with established and accepted industry practices and procedures and with recognized and accepted safety standards and protocols.

 

286c     Whenever an employee alleges that an unsafe condition exists on a work assignment to which he/she has been assigned, and the unsafe condition could with reasonable certainty cause serious physical harm or disabling illness or injury, the employee shall immediately contact his supervisor. If the supervisor agrees that an unsafe condition exists, the supervisor will reassign the employee to other work until the unsafe condition is corrected. If correction is not made by the supervisor, or if the supervisor is not certain of the seriousness of the condition, the supervisor will contact the department head (or equivalent level of supervision) who will, if facts and circumstances warrant, contact the University Department of Occupational Safety and Environmental Health for investigation and determination of what action, if any, is necessary to correct the unsafe condition. Until the department head (or equivalent level of supervision) has reviewed the alleged unsafe condition, the employee will be reassigned to other work or, in the alternative, not be required to proceed with the work assignment. In the event that the department head (or equivalent level of supervision) disagrees with the employee's allegation and after explanation to the employee, the employee (who may nevertheless be required to perform the assignment) may immediately request the Chief Steward who may immediately file a grievance at Step Two of the Grievance Procedure. Such a grievance hearing will be scheduled as promptly as reasonably practicable, but in no event later than the next two (2) working days. Should an investigation by the University Department of Occupational Safety and Environmental Health be deemed necessary in accordance with the above procedure, the employee will not be required to proceed with the work assignment until such investigation and determination is completed.

  

286d     It is understood and agreed that the Union, consistent with Article III, Section A., does not condone any abuse of the provisions of this Section, and that an employee who intentionally makes false claims or refuses to perform a work assignment when no unsafe condition exists shall be subject to discipline.

 

   SECTION C.

 

287     An employee who is injured during the employee's hours of employment shall report the injury to the employee's immediate supervisor as soon as possible. If the injury is to the extent of doctor's or hospital care, arrangements will be made by the University to provide transportation to University Hospital, if practicable, otherwise to another medical facility. The injured employee shall be paid at the employee's hourly rate of pay, plus shift premium, if applicable, for the time lost from work, provided the employee returns to work and finishes out the shift following treatment, unless on doctor's orders the employee is told not to return to work, in which case the employee's pay shall cease on completion of treatment. In no event, however, shall the employee be paid for time beyond the quitting time of the scheduled shift or for any overtime hours.

 

 

ARTICLE 38

 

DISCIPLINE

 

   SECTION A.

 

287a     All decisions on any disciplinary actions for employees with seniority shall be made on the basis of whether or not there is just cause. The parties agree that discipline should be both corrective and progressive rather than punitive. In that regard, the University will follow a discipline procedure which is both corrective and progressive. The application of the discipline procedure will generally be a documented oral warning, written warning, disciplinary layoff(s) or written warning in lieu of disciplinary layoff (paper dlo - for absenteeism only), and discharge. A paper dlo will be clearly identified as such, and used as disciplinary action for unexcused absenteeism. In any individual situation, the extent of disciplinary action taken will depend on the facts, including mitigating and aggravating circumstances, available at the time the decision is made. For serious offenses, steps of progressive discipline may vary.

 

   SECTION B.

 

287b     In taking disciplinary action, the University shall not take into account any prior incidents which occurred more than two (2) years previously.  

 

   SECTION C.

 

287c     When the University intends to order an employee to leave work for disciplinary reasons, or issue a paper dlo, the employee's steward shall be notified by the University and without loss of time or pay, be afforded the opportunity to be present and hear the reasons, and thereafter be afforded the opportunity to consult with the employee for a reasonable period of time at a place provided by the University before the employee leaves the premises, provided, however, if the immediate removal of the employee from University premises is necessary or if the employee is not otherwise available, such opportunity to be present and thereafter consult need not be afforded. In the event immediate removal is necessary, the University, within the shift, shall notify the Union of the incident. If the steward is not present before the employee leaves work, the steward shall hear the disciplinary reasons upon arrival. It is understood that this Section does not prevent the suspension of the employee or notice to the employee of the disciplinary action taken before the arrival of the steward or notice to the employee that the steward has been called. It is also understood that the steward is present as an observer only and that the grievance procedure is the appropriate procedure to review the merits of the disciplinary action taken.  

 

  


SECTION D.

 

288     The University shall notify the Chairperson of the Bargaining Committee or his/her designated representative, prior to discharging an employee. Thereafter, and prior to final decision by the University, the Union shall have the opportunity to review the case with the University provided such review is requested by the Union within two (2) calendar days after notification by the University of such proposed action.

 

289     The University shall give the Chairperson of the Bargaining Committee, or his/her designated representative written notification of any disciplinary action taken which involves a disciplinary layoff or discharge, including a copy of any written notification to the employee and letters of reprimand and disciplinary layoff, if any, involved in the decision, within five (5) calendar days after the action is taken.

 

290     The review shall be held within two (2) calendar days after request by the Union. The employee and the employee's immediate supervisor and one other University employee (not necessarily in the bargaining unit) named by the Union who may be in possession of relevant facts will be at the review unless this requirement would not permit the review to be held within the two (2) calendar day period because of the unavailability of the employee or the absence from work of the supervisor, provided however, the University and the Union may arrange for another mutually agreeable time. In addition, the employee and each representative of the Union, not to exceed two (2), who lose time from the assigned schedule of work while attending such a review, shall not suffer loss of time or pay provided permission is received from the employee's immediate supervisor to leave work and the employee reports back to the immediate supervisor when the review has been completed.

 

291     In the event that an employee is suspended from employment pending a decision as to the extent of the disciplinary action to be taken, if any, the suspension will be no longer than is necessary to gather sufficient facts to make the decision. In the event a suspension lasts for fourteen (14) or more calendar days and a decision has not been made, the Union may request a meeting with the University to discuss the employee's status. If at that meeting the Union requests a decision, the University will take disciplinary action within the next two (2) calendar days based on the information available to the University at that time.  

 

SECTION E.

 

292     A grievance which (1) concerns a disciplinary layoff or discharge of a non-probationary employee, and (2) alleges that no just cause in fact existed, or that the disciplinary action was taken arbitrarily and was clearly excessive, may be processed through the Grievance and Arbitration Procedures provided it is submitted in writing at Step 2 within ten (10) calendar days after receipt by the Union of the University's written notification of the disciplinary action. Failure to submit a written grievance by the Union on behalf of the employee within the ten (10) calendar day period shall constitute a waiver of all claims concerning such disciplinary layoff or discharge.

 

   SECTION F.

 

293     If any grievance alleging a violation of this Article should be taken to Arbitration, the arbitrator's authorization shall be limited to the fact question of whether there was just cause and as follows:

 

294   1.   If the arbitrator finds there was just cause, he/ she may modify the disciplinary action taken only if it:

a.   was taken arbitrarily or
b.   was excessive; otherwise he/she must affirm it.

 

295   2.   If he/she finds there was no just cause, he/she shall nullify the disciplinary action taken.  

 

295a   3.    A paper dlo appealed to arbitration will be held in abeyance at the Union’s option without prejudice to the Union until such time that the grievance is either heard at arbitration or withdrawn by the union because the time limits of Section B of Article 38 have expired, or for any other reason by the union.

 

   SECTION G.

 

296     Whenever time limits are used in this Article, actual receipt or a postmark, if mailed, will control.

 

 


ARTICLE 39

 

GRIEVANCE PROCEDURE

 

   SECTION A. UNION REPRESENTATION

 

297     Employees shall be represented by the Union in the grievance procedure as follows:

 

298     One steward and one alternate steward for each shift, geographic area, facility or department (hereinafter called district) set forth in Appendix C. Each steward and alternate steward shall be an employee with seniority working within the district he/she represents.

 

299     No steward or alternate steward shall be assigned to a work location outside of the district he/she represents except as provided by Article 19, in which case Section C. of Article 19 shall be applicable.

 

300     The alternate steward shall only represent an aggrieved employee when the steward is absent from work.

 

301     When both the steward and the alternate steward are absent from work, the aggrieved employee shall be represented by a steward, from one other district where there is a steward on the shift made known to the University as provided in paragraph 313.    

 

302     When no steward or alternate steward from the aggrieved employee's district, or no steward or alternate steward from one other district is available, the aggrieved employee may be represented by the Chief Steward who represents the classification to which his/her position is assigned.

 

302a     If the Chief Steward is not available, the President or Chairperson of the Bargaining Committee will be called. In such a case the Chairperson or President will either represent the employee or identify another who will represent the employee.

 

303     When a steward has a grievance, he/she shall be represented by the alternate steward if he/she so requests.

 

304     One chief steward for each combination of classification groupings for employees of the Ann Arbor Campus as set forth in Appendix C. Each chief steward shall be an employee with seniority assigned to one of the classifications the chief steward represents.

 

305     In addition there shall be a chief steward for employees working in the Medical Center and a chief steward for employees in the rest of the bargaining unit at the Ann Arbor Campus. Each such chief steward shall be an employee with seniority working within the area the chief steward represents and on a shift which starts on or after 12:00 p.m.

 

306     One chief steward for employees working at the Dearborn Campus. The chief steward shall be an employee with seniority working at the Dearborn Campus.

 

307     One chief steward for employees working at the Flint Campus. The chief steward shall be an employee with seniority working at the Flint Campus.

 

308 When a chief steward has a grievance, he/she shall be represented at Step One of the grievance procedure by the chief steward working nearest to him/her if he/she so requests, or in the alternative, the Chairperson of the Bargaining Committee or his/her designated representative may begin such a grievance at Step Two.

 

309     The Chairperson of the Bargaining Committee or his/her designated representative(s) who shall be employee(s) with seniority.

 

310     The University and the Union shall on the request of either party meet to redistrict by mutual agreement, including an increase or decrease in the number of stewards. In the event the parties cannot agree, the question of adequate representation shall be decided by an arbitrator based on the presentation of the facts and arguments of the parties.

 

311     A district steward or Chief Steward, while on leave of absence, may represent employees in the grievance procedure as set forth in this Article with mutual consent of the University and the Union. In such an event, the steward's or Chief Steward's time shall be unpaid.  

 

   SECTION B. UNIVERSITY REPRESENTATION

 

 

Step 1. The immediate supervisor of the aggrieved employee.

 

Step 2. The University Review Committee, including the department head, or equivalent level of supervisor (or designated representative), of the aggrieved employee;

 

   SECTION C.

 

313     The Union shall furnish the University Review Committee with a list of the stewards, alternate stewards, chief stewards and executive officers. Any changes in the list shall be reported promptly to the University Review Committee in writing.

 

314     The University shall furnish the Union with a list of its department heads, or equivalent level of supervisor, and their office location and the members of its Review Committee. Any changes in the list shall be reported promptly to the Union in writing.  

 

   SECTION D. EMPLOYEE GRIEVANCE

 

315     A grievance is defined as a disagreement, arising under and during the term of this Agreement, between the University and any employee concerning (1) the employee's employment and (2) the interpretation and application of the provisions of this Agreement. Such a grievance may be submitted only by the aggrieved employee in accordance with the procedure set forth in Section G., except that the Chairperson of the Bargaining Committee or his/her designated representative in the Chairperson's absence, may submit a grievance on behalf of an aggrieved employee, beginning at Step Two of the grievance procedure, provided the grievance is submitted within the fifteen (15) calendar day period following the day on which the aggrieved employee had knowledge of the facts giving rise to the employee's grievance and the aggrieved employee refuses to process his/her grievance. Such a grievance by the Chairperson of the Bargaining Committee or his/her designated representative, in addition to the requirements of paragraph 322, must set forth the reasons the employee refuses to process the grievance.  

 

   SECTION E. GROUP GRIEVANCES

 

316     In the event that employees have a group grievance, it shall be sufficient if one employee or their steward or chief steward submits the grievance on behalf of all named and similarly affected employees. A group grievance shall be only one in which the fact questions and the provisions of the Agreement alleged to be violated are the same as they relate to each and every employee in the group. Such group grievances shall begin at that step of the grievance procedure where all affected employees have a common supervisor.

 

   SECTION F. UNION GRIEVANCES

 

317     A Union grievance is defined as a disagreement, other than one which can be processed under Section D. or E. above, arising under and during the term of this Agreement, between the University and the Union concerning the interpretation and application of the provisions of this Agreement on a question which is not an employee grievance.

 

318     In the event that the Union has a grievance, it shall begin at Step Two of the grievance procedure, provided the grievance is submitted within the fifteen (15) calendar day period following the day on which the Union had knowledge of the facts giving rise to the grievance. Such a grievance shall be submitted by the Chairperson of the Bargaining Committee or the Chairperson's designated representative, on behalf of the Union.  

 

   SECTION G. PROCEDURE

 

319     The following grievance procedure shall be the means for resolving grievances:  

  

   STEP ONE – ORAL PRESENTATION

 

320     An employee promptly should notify the employee's immediate supervisor that he/she may have a grievance. A grievance meeting for resolution of the potential grievance shall be scheduled with the employee, district steward and immediate supervisor as promptly as practicable, but in any event during the employee's next eight (8) regular working hours following the request, or at any other time if mutually convenient, provided that the request for the meeting is made within the fifteen (15) calendar day period following the day on which the employee had knowledge of the facts giving rise to the potential grievance. Before the meeting, the district steward, at the steward's request, shall have the opportunity to discuss the concerns with the employee and with other employees in his/her district, one at a time, in possession of facts relevant to the potential grievance, for a reasonable period of time at a place provided by the immediate supervisor.

 

The purpose of the meeting is to discuss the grievance and to engage in problem solving in an attempt to reach a mutually agreed resolution.

 

 

320a     If the aggrieved employee does not receive a satisfactory oral answer, or if the employee does not receive any answer, within one (1) mutual working day following the day of the oral presentation and upon written request by the involved employee on a form provided by the University, the employee’s immediate supervisor will make the necessary arrangements for the employee to meet with the Chief Steward within three (3) working days. The purpose of the meeting is to discuss the grievance.

 

     The Chief Steward, at his/her request, shall have the opportunity to discuss the grievance with the employee, the employee’s district steward, and other employees in the employee’s district, one at a time, in possession of facts relevant to the grievance for a reasonable period of time at a place provided by the immediate supervisor.

 

   STEP TWO – WRITTEN GRIEVANCE SUBMISSION

 

 

322     The grievance shall be dated and signed by the aggrieved employee and shall set forth the name of the steward, the facts, including dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired.

 

323     The Chief Steward shall provide a copy of the written grievance to the aggrieved employee, the district steward, Union office and the aggrieved employees’ supervisor.

 

 

325     Upon receipt of the written grievance, the University Review Committee shall set a place and time during working hours, or outside of working hours if mutually convenient within the next fourteen (14) calendar day period for a hearing of the grievance with the Chairperson of the Bargaining Committee, or the Chairperson's designated representative, and at the option of the Chairperson, or the Chairperson's designated representative, the aggrieved employee, the employee's chief steward and/or a Council 25 representative. The University Review Committee shall provide at least five (5) calendar days notice to the parties as to the scheduling of such a hearing. The aggrieved employee will sign a notice as acknowledgement to the date, time and location of the hearing. It is understood that this section does not apply to cases where the employee is not actively employed and at work; such as a leave of absence, suspended, discharged, absent without permission or otherwise absent.

 

326     In such a case the University Review Committee shall notify the Chairperson of the Bargaining Committee and make arrangements for the employee’s chief steward and/or the employee, if presence is requested as provided above, to be present for the hearing. Prior to the hearing of the grievance and if the employee’s chief steward is not present, the Chairperson of the Bargaining Committee, or his/her designated representative, at his/her request, shall have the opportunity to discuss the grievance with the aggrieved employee and with other employees, one at a time, in possession of facts relevant to the grievance, for a reasonable period of time at a place provided by the University Review Committee. In the event an aggrieved employee, fails to appear, the Chairperson of the Bargaining Committee or his/her designated representative will have the opportunity to present the case and an answer will be issued based on the facts known to the University at the time of the hearing. If the failure of the aggrieved employee to appear was due to facts and circumstances beyond their control, the hearing will be rescheduled.

 

327     The written answer will be issued within the forty-five (45) calendar day period following the date of the Step Two hearing, except in the case of a grievance involving a discharge, the time period shall be thirty (30) calendar days.

 

327a     In potential violations involving the duration of employment of a temporary employee as is indicated in paragraph 5, the Union will provide the University with a list of the temporary employees. The University will then gather information on the employment of the temporary employees within thirty (30) calendar days and hold a conference to share the information. The time limits for filing a grievance as a result would begin as of the day of the conference.

 

As an alternative to the Step Two hearing, and at the request of either party, following discussion and mutual agreement, a written grievance similar in facts, circumstances and an alleged contractual violation (s) may be added as an addendum to an existing grievance. In such a case, the grievance will not be heard at the Second Step of the grievance procedure. The final disposition of the appended grievance(s) will be the same as the original grievance.

    

     A written answer regarding an employee who has been placed into the bargaining unit with retroactive pay and benefits, will specify the following:

 

   1.   Employee name

   2.   Department

   3.   Former classification and new  classification

   4.   Seniority date

   5   Effective date of change

   6.   Former rate of pay and new rate of pay

   7.   Number of hours of back pay

   8.   Total amount of back pay earned

   9.   Number of hours of PTO accrual.

  

   SECTION H. INVESTIGATION BY INTERNATIONAL   AND COUNCIL REPRESENTATIVES

 

328     Upon request to the University Review Committee, a representative of the International and a representative of Council 25 who will represent an employee in the grievance or arbitration procedures, may visit the University for the purpose of preparing the case for presentation.

 

329     During such a visit, the representatives of the International or Council 25 may view any area of the University relevant to the grievance with the Chairperson of the Bargaining Committee. A representative of the University, at its option, may accompany the parties. In addition, the International and/or Council 25 representatives and the Chairperson of the Bargaining Committee may privately interview employees, one at a time, in possession of facts relevant to the grievance. The interviews shall be held at a place provided by the University and for a reasonable period of time.

 

330     During any such visit, the representatives shall not in any way interfere with the orderly and efficient operation of the University.

 

   SECTION I. PAY, TIME LIMITS AND ADJUSTMENT

 

331     An employee who loses time from his/her assigned schedule of work in the manner provided for in this Article shall do so without loss of time or pay.

 

332     A steward, alternate steward, chief steward, or the will be granted a necessary and reasonable amount of time off from his/her assigned schedule of work, without loss of time or pay,

while directly involved in the manner provided at the appropriate step of the grievance procedure for the following activities:

 

   1.   Oral presentation,

   2.   Reducing the grievance to writing,

   3.   Discussion of grievance with the employee and other employees, or

   4.   Hearing.

 

333     Such union representatives and other employees shall receive permission from their immediate supervisor to leave their work, but must report back to their immediate supervisor when their part in the grievance handling has been completed.

 

334     If the aggrieved employee or the Union, as the case may be, does not submit the employee's grievance to Step Two of the grievance procedure within the prescribed time limit, the grievance shall be considered settled on the basis of the University's answer at Step One, except the University Review Committee may extend the time limit for submission to Step Two, providing the extension is requested by the aggrieved employee or the Union before the time limit ends.

 

335     The Chairperson of the Bargaining Committee, the aggrieved employee and the employee's chief steward shall all receive a copy of all written answers.  

 


   SECTION J. LIABILITY

 

336     Except as otherwise specifically provided or limited, the University shall not be liable on a grievance claiming back wages or other financial reimbursement for any of the following periods:

 

337     The period prior to forty-five (45) calendar days prior to the time a satisfactory oral answer is received at Step One or the period prior to sixty (60) calendar days prior to the time the written grievance is submitted at Step Two.

 

338     The period between the first date the arbitrator is available for an arbitration hearing and the date of hearing, when the first date is rejected by the Union.  

 

   SECTION K. WITHDRAWAL OF GRIEVANCE

 

339     A grievance which has been submitted may be withdrawn by the Union at any step of the grievance procedure without prejudice to the position the Union may take in handling another grievance.

 

 

ARTICLE 40

 

ARBITRATION

 

   SECTION A. SUBMISSION TO ARBITRATION

 

339a     The Union, at its discretion, may be represented by an outside advocate in selecting arbitrators and hearing dates; and in assigning and presenting arbitration cases.

  

340     A grievance as defined in this Agreement, which is properly submitted to Step Two of the grievance procedure and is within the jurisdiction of the arbitrator, may be submitted to arbitration by the Union if the aggrieved employee does not receive a satisfactory written answer, or if the employee does not receive a written answer within the forty-five (45) calendar day period (thirty [30] calendar day period for a grievance involving a discharge) following the date of the employee's Step Two hearing, provided the Union gives written notice to the University Review Committee within the twenty-eight (28) calendar day period following the day of receipt of an unsatisfactory answer at Step Two. Such notice shall identify the grievance and the issue and state the provisions of the Agreement involved. If no such notice is given within the applicable twenty-eight (28) calendar day period, the grievance shall be considered settled on the basis of the Step Two answer. AFSCME 1583/Council 25 will notify the University when an arbitration case is closed and there is no longer intent to arbitrate. The University, Local and Council will meet quarterly in a pre-arbitration conference to review accepted cases in an attempt to resolve.

SECTION B. SELECTION OF ARBITRATORS

 

341     Following the written notice to the University Review Committee, the University and the Union may attempt to select an arbitrator. If an arbitrator is not selected by mutual agreement within the seven (7) calendar day period following receipt of the written notice, unless extended by mutual agreement, then within the next seven (7) calendar days only, unless extended by mutual agreement, the arbitrator shall be selected on a blind draw from a panel of arbitrators mutually agreed to by the University and the Union. In the event an arbitrator does not accept selection, the blind draw will be repeated until an arbitrator is designated. This panel of arbitrators from which the blind draw is made may be changed from time to time by mutual agreement of the parties.

 

342     If at any time the panel is reduced to less than two (2) and the parties cannot agree on new panel members, either the University or the Union, or both, within the next seven (7) calendar days only, may request the American Arbitration Association to submit a list of five (5) qualified arbitrators, none of whom may be in the employment of the University. If one of the five (5) arbitrators on the list is not mutually agreeable, then the arbitrator shall be selected from the list by alternately striking names, beginning with the Union until one name remains. The remaining person shall act as the arbitrator.

 

343     The arbitrator selected shall be for a single grievance unless the parties mutually agree otherwise.

 

343a     In the event that the University and the Union request and receive a date or dates from an Arbitrator without a specific case assigned, the University and the Union will promptly assign a case or cases to the offered date. Cases will be assigned alternately by the Union and the University, except that any discharge case that is older than nine (9) months will be scheduled next, in order of discharge date. Whenever practicable, assignment of cases and changes therein should be confirmed in writing.

 

   SECTION C. TERMS AND CONDITIONS OF ARBITRATION

 

344     Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions:

 

345     The University and the Union may arrange mutually agreeable terms for a pre-hearing conference to consider means of expediting the hearing by, for example, reducing the issue or issues to writing, stipulating facts and authenticating proposed exhibits.

 

346     The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms of this Agreement.

 

347     Except as otherwise provided and limited by this Agreement, no grievance claiming back wages shall exceed the amount of wages the employee otherwise would have earned less any remuneration or payment the employee may have received during the employee's period of suspension from employment with the University.

 

348     An employee who loses time from work during the employee's assigned working hours when testifying during an arbitration hearing shall do so without loss of time or pay.

 

349     The arbitrator's decision when made in accor­dance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the University, the Union, and the employee or employees involved.

 

350     The fees and expenses of the arbitrator, shall be shared equally by the University and the Union, except that if the Union does not receive a written answer or the written answer is not postmarked within the forty-five (45) calendar day period (thirty [30] calendar day period for a grievance involving a discharge) following the date of the Step Two hearing, unless extended by mutual agreement of the parties, and the Union gives written notice for arbitration of the grievance as provided in Section A., the University will pay the full fees and expenses of the arbitrator if the grievance is sustained by the arbitrator. If the University or the Union request postponement of a scheduled hearing date for a specific case, the requesting party will pay the full fees and expenses of the arbitrator if their position is not sustained by the arbitrator.

 

351     Either the University or the Union may arrange at its own expense, unless the parties mutually agree to share the expense, for a court reporter to record and/or transcribe the hearing. The transcript, or a copy of the transcript, shall be available to the Arbitrator. In the event that the party which did not arrange for the court reporter wishes a copy of the transcript, the cost of the court reporter and transcripts shall be shared equally.

 

 

ARTICLE 41

 

SPECIAL CONFERENCE

 

352     At the request of either the Union or the University, Special Conferences shall be held for the purpose of considering matters of mutual interest, other than grievances under consideration in the Grievance Procedure, provided that mutually acceptable arrangements as to time and place can be made.

 

353     All Special Conferences shall be arranged through the Bargaining Chairperson, or his/her designated representative and a designated representative of the University Human Resources Office.

 

354     Representatives of the Union and employees not to exceed six (6) shall not suffer loss of time or pay when absent from their assigned schedule of work for the purpose of attending a Special Conference.

 

355     Conferences may be attended by representatives of Council 25 and the International.

 

356     It is understood that Special Conferences shall not be for the purpose of continuing collective bargaining negotiations, nor, in any way, to modify, add to or detract from the provisions of this Agreement, nor to change or alter the rights of either the University or the Union under the terms of this Agreement.

 

 

ARTICLE 41-A

 

LEAD PERSON PAY

 

356a     An employee who, in addition to his/her normal duties and responsibilities, is specifically assigned by his/her immediate supervisor the responsibility to assign and coordinate the work of three or more assigned assistants and to see that the assignment runs smoothly and efficiently and to answer to his/her immediate supervisor for progress or lack of progress and the quality of the work being done shall be paid a rate of his/her normal hourly rate, plus $1.25 per hour, plus shift premium or special schedule premium if applicable, for the entire shift in which he/she works in such an assignment. Typically assignments shall be made to run the day-to-day activities of employees assigned to one or more work sites. Duties include direction, manpower requests, material ordering, communication with other parts of the organization, customer relations, and the reporting of job related problems to his/her supervisor. A lead person will have no authority to hire, discipline, discharge or approve time off requests. Nothing in this article shall be construed to mean that an employee must be assigned these responsibilities, or that the employee must accept such an assignment. Such assignments are offered solely within the discretion of the University. At the request of either party, a special conference to evaluate this program, including any problems or difficulties, will be scheduled within 72 hours. Following the discussion and failing successful resolution, at the Union’s request, the University, will discontinue the specific assignment in question within 7 days. For lead person assignments of at least 30 calendar days, and at the employee’s request, documentation of lead person responsibility will be noted in the employee’s personnel folder.

 

ARTICLE 42

 

MISCELLANEOUS

 

   SECTION A.

 

357     It is not the University's intention to have work regularly and customarily performed by employees in the bargaining unit performed on University operated premises by sources outside the University during the term of this Agreement.

 

358     In the event a decision is made to have work regularly and customarily performed by employees in the bargaining unit performed on University operated premises by a source outside the University, no employee in the bargaining unit shall suffer a loss of base wages as a result of such a decision.  

 

   SECTION B.

 

359     It is not the University's intention to have students perform work regularly and customarily performed by employees in the bargaining unit to the extent that student employment erodes the proportion of such work being done by employees in the bargaining unit.

 

360     Work regularly and customarily performed by an employee shall not be performed by a student employee or temporary employee to the extent that it results in the employee's layoff or removal from a classification. Neither shall an employee be required to take a PTO to permit employment for a student employee or temporary employee. If any such incident occurs the employee shall be compensated for any loss in base hourly rate, plus shift or special schedule premium, if applicable.

 

361     When a student employee or temporary employee has not been scheduled for work, he/she shall not be called to do the work which otherwise would have been performed by an employee in the bargaining unit on an overtime basis by extending his/her shift. If such an incident occurs the appropriate employee shall be compensated as if the employee had worked this overtime.

 

362     A position filled by a full-time employee which becomes open will not be split into two or more part-time positions in order to provide employment for a student employee, unless the position cannot be filled with an employee on a full-time basis. It is understood that this commitment does not obligate the University to establish full-time positions from part-time positions.

 

363     Except for Section B. of this Article, the employment of a student employee shall not violate any provision of this Agreement.

 

   SECTION C.

 

364     Work regularly and customarily performed by an employee shall not be performed by a supervisor to the extent that it results in the employee's layoff or removal from a classification. If any such incident occurs the employee shall be compensated for any loss in hourly rate, plus shift or special schedule premium, if applicable.

 

365     In addition and in the event that a supervisor is performing work normally and customarily performed by employees in the bargaining unit on a regular and recurring basis for more than eight (8) hours in a calendar week, the University will either reduce the hours of such work or assign the supervisor to a classification in the bargaining unit, provided, however, that this paragraph shall not apply to seasonal operations or remote locations. The application of any requirement of this paragraph will not violate any provision of Article 20 or 21.

 

 

ARTICLE 43

 

WAIVER

 

366     The University and the Union acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the University and the Union for the life of this Agreement each voluntarily and unqualifiedly waives the right, and agrees the other shall not be obliged, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement.


 

ARTICLE 44

 

TERM OF AGREEMENT

 

367     This agreement shall become effective and shall remain in full force and effect until and including July 25, 2009, when it shall terminate. This agreement shall not be extended beyond July 25, 2009, except by written consent of the parties. If either party desires to amend or modify this agreement, written notice to that effect shall be given to the other party not less than 60 or more than 90 days prior to July 25, 2009.

 

368   Executed the 16 th day of March, 2006.

 

The Regents of the University of Michigan American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1583

 

________________________    ______________________    

 

________________________    ______________________    

 

________________________    ______________________    

 

________________________    ______________________    

 

________________________    ______________________    

 

________________________    ______________________    

 

________________________    ______________________    

 

________________________    ______________________    

 

________________________    ______________________    

 

        

APPENDIX A

 

WAGE SCHEDULES

 

 

369     Effective with the beginning of the bi-weekly pay period starting on July 31, 2005, the wage schedule shall be as shown in Schedule A.

 

370     Effective with the beginning of the bi-weekly pay period starting on July 30, 2006, the wage schedule shall be shown in Schedule B.

 

371     Effective with the beginning of the bi-weekly pay period on July 29, 2007, the wage schedule shall be shown in Schedule C.

 

372     Effective with the beginning of the bi-weekly pay period on July 27, 2008, the wage schedule shall be shown in Schedule D.

 

372a     On the effective date, non-probationary employees will be increased to the Job Rate.

 

372b     Probationary employees will be paid not less than the Minimum Probationary Rate nor more than the Job Rate and will be increased to the Job Rate at the beginning of the first pay period following completion of their probationary period.

 

 

 

373
WAGE SCHEDULE A
 
Pay Grade
Minimum Probationary Rate Change
Job Rate
1
$7.96
$12.61
     
2
$8.23
$13.04
     
3
$8.50
$13.46
     
4
$8.80
$13.94
     
5
$9.27
$14.69
     
6
$9.71
$15.39
     
7
$10.36
$16.42
     
8
$10.88
$17.24
     
9
$11.54
$18.29
     
10
$12.05
$19.09
     
11
$12.56
$19.90
     
12
$13.08
$20.72
     
13
$13.56
$21.49
     
14
$14.95
$23.69

 

 

374
WAGE SCHEDULE B
 
Pay Grade
Minimum Probationary Rate Change
Job Rate
1
$8.20
$12.99
     
2
$8.48
$13.43
     
3
$8.76
$13.87
     
4
$9.06
$14.35
     
5
$9.55
$15.13
     
6
$10.00
$15.85
     
7
$10.67
$16.91
     
8
$11.21
$17.76
     
9
$11.88
$18.84
     
10
$12.41
$19.66
     
11
$12.94
$20.50
     
12
$13.47
$21.35
     
13
$13.97
$22.13
     
14
$15.40
$24.40

 

 

          

375
WAGE SCHEDULE C
 
Pay Grade
Minimum Probationary Rate Change
Job Rate
1
$8.45
$13.37
     
2
$8.73
$13.83
     
3
$9.02
$14.28
     
4
$9.33
$14.78
     
5
$9.84
$15.58
     
6
$10.30
$16.33
     
7
$10.99
$17.42
     
8
$11.55
$18.29
     
9
$12.24
$19.41
     
10
$12.78
$20.25
     
11
$13.33
$21.11
     
12
$14.11
$21.99
     
13
$14.39
$22.79
     
14
$15.86
$25.13

 

 

375a
WAGE SCHEDULE D
 
Pay Grade
Minimum Probationary Rate Change
Job Rate
1
$8.70
$13.78
     
2
$8.99
$14.25
     
3
$9.29
$14.71
     
4
$9.61
$15.23
     
5
$10.14
$16.05
     
6
$10.61
$16.82
     
7
$11.32
$17.94
     
8
$11.90
$18.84
     
9
$12.61
$19.99
     
10
$13.16
$20.86
     
11
$13.73
$21.74
     
12
$14.53
$22.65
     
13
$14.82
$23.48
     
14
$16.34
$25.89

 

 

APPENDIX B

 

CLASSIFICATION TITLES

AND PAY GRADES

 

376

 

CLASSIFICATION TITLE
GRADE
JOBCODE
ABLE BODIED SEAMAN
9
931080
AMBULANCE ATTENDANT
9
960380
AMBULANCE COMMUNICATION SPEC
12
972020
ANESTHETIST AIDE
4
960180
ANIMAL AIDE
4
930180
ANIMAL ATTENDANT
3
930280
ASSISTANT LOCKSMITH
7
971590
ATHLETIC FACILITY WORKER I
4
972160
ATHLETIC FACILITY WORKER II
7
973040
AUDIO VISUAL AIDE
3
910180
AUTO BODY REPAIR/REFINISH
13
970650
AUTO MECHANIC I
9
970480
AUTO MECHANIC II
11
970580
BAKER I
3
940180
BAKER II
5
940280
BAKER III
7
940380
BAKER IV
8
940480
BOOK BINDER I
3
951380
BOOK BINDER II
7
951480
BOOK BINDER III
9
951580
BOTANICAL PREPARATOR
5
930680
BUS OPERATOR
8
970680
CAMERA OPERATOR II
11
951700
CHEF ASSISTANT
7
941300
COOK I
3
940980
COOK II
5
941080
COOK III
7
941180
COOK IV
8
941280
CUSTODIAN I
1
971180
CUSTODIAN II
3
971280
CUSTODIAN III
4
971380
DECKHAND
3
931280
DISPATCHER I
4
971960
DISPATCHER II
6
971980
DISPATCHER III
7
971940
DUCT CLEANER
7
970860
ELEVATOR MAINTENANCE MECHANIC
13
972780
ENTRANCE ATTENDANT
3
960480
EXTINGUISHER SERVICER
6
973780
FILM PROCESSOR I
3
961480
FILM PROCESSOR II
5
961580
FINISH MACHINE OPERATOR I
8
952180
FINISH MACHINE OPERATOR II
10
952280
FINISHING WORKER
3
953980
FIXTURE & WALL CLEANER
4
970980
FOOD SERVICE WORKER
1
941880
GALLEY FOOD SERVICE AIDE
2
941980
GARDENER I
5
930780
GARDENER II
7
930880
GARMENT WORKER I
2
951080
GARMENT WORKER II
4
951180
GOLF COURSE GREENSKEEPER
9
972090
GROUNDSKEEPER I
5
972080
GROUNDSKEEPER II
7
972180
HEAVY EQUIPMENT MECHANIC
14
970600
HOME HEALTH AIDE I
3
960510
HOME HEALTH AIDE II
4
960520
HOSP COMMUNICATION OPERATOR I
7
972000
HOSP COMMUNICATION OPERATOR II
9
972040
HOSPITAL BAKER I
7
940200
HOSPITAL BAKER II
8
940300
HOSPITAL COOK I
3
941000
HOSPITAL COOK II
5
941100
HOSPITAL COOK III
8
941200
HOUSEKEEPER
4
971480
HOUSEKEEPER CHANCELLORS HOUSE
5
971500
HOUSEKEEPER PRESIDENTS HOUSE
7
971490
INCINERATOR LOADER
4
971250
INSTRUMENT/STERILIZER PROCESSOR
5
961380
KEYLINER
5
954680
KEYMAKER
5
971560
KITCHEN CLEANER
3
940880
LABORATORY AIDE
4
930380
LABORATORY ATTENDANT
2
930480
LAUNDRY CHECKER
3
950580
LAUNDRY CLASSIFIER
3
950680
LAUNDRY FEEDER FOLDER
1
950780
LAUNDRY MACHINE OPERATOR
5
950880
LAUNDRY MOTOR VEHICLE OPERATOR
7
950890
LAUNDRY PLANT MECHANIC
13
972900
LAUNDRY PRESSER
2
950980
LAUNDRY WEIGHER LOADER
5
951280
LETTERPRESS OPERATOR
10
952480
LIBRARY MATERIAL ROOM DELIVERY DRIVER
7
970810
LINEN ATTENDANT
3
950380
LINEN SERVICES ATTENDANT
5
950480
LOCKER ROOM ATTENDANT
3
910280
LOCKSMITH
12
971600
MACHINIST I
8
972580
MACHINIST II
11
972680
MAIL SERVICE AUTO EQUIPMENT HELPER
7
980000
MAIL SERVICE AUTO EQUIPMENT OPER
9
980010
MAINTENANCE MECHANIC I
7
972880
MAINTENANCE MECHANIC II
9
972980
MAINTENANCE MECHANIC III
11
973080
MAINTENANCE MECHANIC TRAINEE
7
972870
MEAT CUTTER I
8
941480
MEAT CUTTER II
10
941580
MEAT CUTTER III
12
941680
MEDICAL PROCEDURES AIDE
4
960870
MESSENGER
1
961080
METABOLIC COOK
8
941380
MICROFILM OPERATOR I
4
980580
MICROFILM OPERATOR II
9
980480
MICROFILM OPERATOR III
10
980680
MILLWRIGHT
14
972720
MOTOR VEHICLE OPERATOR
6
970780
MOVER I
6
973180
MOVER II
10
973280
M-STORES ROOM DELIVERY DRIVER
7
970790
NURSE AIDE I
3
960580
NURSE AIDE II
4
960680
NURSE AIDE III BURN CARE
5
960780
NURSE AIDE III INTENSIVE CARE
5
960820
NURSE AIDE III ORTHO CARE
5
960800
OFFSET PRESS FEEDER OPERATOR
9
952700
OFFSET PRESS OPERATOR I
8
952680
OFFSET PRESS OPERATOR II
10
952780
OFFSET PRESS OPERATOR III
11
952880
OFFSET PRESS OPERATOR IV
12
952900
OFFSET PRESS OPERATOR V
13
952920
OFFSET PRESS OPERATOR VI
14
952930
OFFSET PRESS SECOND OPERATOR
11
952910
OPERATING ROOM AIDE
4
960860
OR INSTRUMENT PROCESSOR I
5
961980
OR INSTRUMENT PROCESSOR II
6
961960
PARKING ATTENDANT
3
970180
PARKING EQUIPMENT REPAIRPERSON I
10
970260
PARKING EQUIPMENT REPAIRPERSON II
12
970280
PARKING MAINTENANCE WORKER
7
972140
PATIENT VISITOR ENTRANCE ATTENDANT
4
970200
PATIENT EQUIPMENT ATTENDANT
5
960500
PATIENT TRANSPORTER
2
961180
PLANT MOUNTER I
3
930580
PLANT MOUNTER II
4
930600
POSTAL CLERK I
4
980180
POSTAL CLERK II
6
980280
POSTAL CLERK III
7
980380
PRESS OPERATOR
9
954780
PARKING EQUIPMENT REPAIR II TRAINEE
10
970270
PRODUCTION BAKER I
4
940580
PRODUCTION BAKER II
7
940680
PRODUCTION BAKER III
8
940780
PSYCHIATRIC AIDE
3
961880
PSYCHIATRIC CARE WORKER
7
961780
REFUSE TRUCK HELPER
4
972060
REFUSE TRUCK OPERATOR
7
972200
SERVICE STATION ATTENDANT
6
970380
SHIP STEWARD
9
931180
STOCKKEEPER I
4
954280
STOCKKEEPER II
6
954380
STOCKKEEPER III
8
954480
STRIPPER I
9
953480
STRIPPER II
11
953580
TEACHER AIDE
3
960280
TRANSIT COACH OPERATOR
9
970800
TREE TRIMMER I
10
972380
TREE TRIMMER II
12
972480
TREE TRIMMER TRAINEE
10
972370
UNIT CUSTODIAN
2
971200
UPHOLSTERER I
8
973380
UPHOLSTERER II
10
973480
UPHOLSTERER III
13
973580
UPHOLSTERER IV
14
973680
VEHICLE MECHANIC-REGIONAL CAMPUS
12
970590
VENETIAN BLIND CLEANER
4
971080
WASTE HANDLER I
4
972330
WASTE HANDLER II
5
972340
WINDOW WASHER
6
971780
X-RAY AIDE
4
960980

 


 

CLASSIFICATION TITLES

BY PAY GRADE

 

377   PAY GRADE 01

 

CUSTODIAN I

FOOD SERVICE WORKER

LAUNDRY FEEDER FOLDER

MESSENGER

 

 

378   PAY GRADE 02

 

GALLEY FOOD SERVICE AIDE

GARMENT WORKER I

LABORATORY ATTENDANT

LAUNDRY PRESSER

PATIENT TRANSPORTER

UNIT CUSTODIAN

 

 

379   PAY GRADE 03

 

ANIMAL ATTENDANT

AUDIO VISUAL AIDE

BAKER I

BOOK BINDER I

COOK I

CUSTODIAN II

DECKHAND

ENTRANCE ATTENDANT

FILM PROCESSOR I

FINISHING WORKER

HOME HEALTH AIDE I

HOSPITAL COOK I

KITCHEN CLEANER

LAUNDRY CHECKER

LAUNDRY CLASSIFIER

LINEN ATTENDANT

LOCKER ROOM ATTENDANT

NURSE AIDE I

PARKING ATTENDANT

PLANT MOUNTER I

PSYCHIATRIC AIDE

TEACHER AIDE

 

 

380   PAY GRADE 04

 

ANESTHETIST AIDE

ANIMAL AIDE

ATHLETIC FACILITY WORKER I

CUSTODIAN III

DISPATCHER I

FIXTURE & WALL CLEANER

GARMENT WORKER II

HOME HEALTH AIDE II

HOUSEKEEPER

INCINERATOR LOADER

LABORATORY AIDE

MEDICAL PROCEDURES AIDE

MICROFILM OPERATOR I

NURSE AIDE II

OPERATING ROOM AIDE

PATIENT VISITOR ENTRANCE ATTENDANT

PLANT MOUNTER II

POSTAL CLERK I

PRODUCTION BAKER I

REFUSE TRUCK HELPER

STOCKKEEPER I

VENETIAN BLIND CLEANER

WASTE HANDLER I

X-RAY AIDE

 


381   PAY GRADE 05

 

BAKER II

BOTANICAL PREPARATOR

COOK II

FILM PROCESSOR II

GARDENER I

GROUNDSKEEPER I

HOSPITAL COOK II

HOUSEKEEPER CHANCELLORS HOUSE

INSTRUMENT/STERILIZER PROCESSOR

KEYLINER

KEYMAKER

LAUNDRY MACHINE OPERATOR

LAUNDRY WEIGHER LOADER

LINEN SERVICES ATTENDANT

NURSE AIDE III BURN CARE

NURSE AIDE III INTEN CARE

NURSE AIDE III ORTHO CARE

OR INSTRUMENT PROCESSOR I

PATIENT EQUIPMENT ATTENDANT

WASTE HANDLER II

 

 

382   PAY GRADE 06

 

DISPATCHER II

EXTINGUISHER SERVICER

MOTOR VEHICLE OPERATOR

MOVER I

OR INSTRUMENT PROCESSOR II

POSTAL CLERK II

SERVICE STATION ATTENDANT

STOCKKEEPER II

WINDOW WASHER

 

 

383   PAY GRADE 07

 

ASSISTANT LOCKSMITH

ATHLETIC FACILITY WORKER II

BAKER III

BOOK BINDER II

CHEF ASSISTANT

COOK III

DISPATCHER III

DUCT CLEANER

GARDENER II

GROUNDSKEEPER II

HOSP COMMUNICATION OPERATOR I

HOSPITAL BAKER I

HOUSEKEEPER PRESIDENTS HOUSE

LAUNDRY MOTOR VEHICLE OPERATOR

LIBRARY MATERIAL ROOM DELIVERY DRIVER

MAIL SERVICE AUTO EQUIPMENT HELPER

MAINTENANCE MECHANIC I

MAINTENANCE MECHANIC TRAINEE

M-STORES ROOM DELIVERY DRIVER

PARKING MAINTENANCE WORKER

POSTAL CLERK III

PRODUCTION BAKER II

PSYCH CARE WORKER

REFUSE TRUCK OPERATOR

 

 

384   PAY GRADE 08

 

BAKER IV

BUS OPERATOR

COOK IV

FINISH MACHINE OPERATOR I

HOSPITAL BAKER II

HOSPITAL COOK III

MACHINIST I

MEAT CUTTER I

METABOLIC COOK

OFFSET PRESS OPERATOR I

PRODUCTION BAKER III

STOCKKEEPER III

UPHOLSTERER I

 

 

385   PAY GRADE 09

 

ABLE BODIED SEAMAN

AMBULANCE ATTENDANT

AUTO MECHANIC I

BOOK BINDER III

GOLF COURSE GREENSKEEPER

HOSP COMMUNICATION OPERATOR II

MAIL SERVICE AUTO EQUIPMENT OPERATOR

MAINTENANCE MECHANIC II

MICROFILM OPERATOR II

OFFSET PRESS FEEDER OPERATOR

PRESS OPERATOR

SHIP STEWARD

STRIPPER I

TRANSIT COACH OPERATOR

 

 

386   PAY GRADE 10

 

FINISH MACHINE OPERATOR II

LETTERPRESS OPERATOR

MEAT CUTTER II

MICROFILM OPERATOR III

MOVER II

OFFSET PRESS OPERATOR II

PARKING EQUIPMENT REPAIRPERSON I

PARKING EQUIPMENT REPAIRPERSON II TRAINEE

TREE TRIMMER I

TREE TRIMMER TRAINEE

UPHOLSTERER II

 

 

387   PAY GRADE 11

 

AUTO MECHANIC II

CAMERA OPERATOR II

MACHINIST II

MAINTENANCE MECHANIC III

OFFSET PRESS OPERATOR III

OFFSET PRESS SECOND OPERATOR

STRIPPER II

 


388   PAY GRADE 12

 

AMBULANCE COMMUNICATION SPEC

LOCKSMITH

MEAT CUTTER III

OFFSET PRESS OPERATOR IV

PARKING EQUIPMENT REPAIRPERSON II

TREE TRIMMER II

VEHICLE MECHANIC-REGIONAL CAMPUS

 

 

388a   PAY GRADE 13

 

AUTO BODY REPAIR/REFINISH

ELEVATOR MAINTENANCE MECHANIC

LAUNDRY PLANT MECHANIC

OFFSET PRESS OPERATOR V

UPHOLSTERER III

 

 

388b   PAY GRADE 14

 

HEAVY EQUIPMENT MECHANIC

MILLWRIGHT

OFFSET PRESS OPERATOR VI

UPHOLSTERER IV

 

 

 

 

APPENDIX C

STEWARD DISTRICTS AND CHIEF STEWARD

CLASSIFICATION GROUPING

 

 

   STEWARD DISTRICTS

 

389   Area A - North Campus

 

   A-1   North Campus Commons, Chrysler Center, Bursley Hall, School of Music, Vera Baits Houses, Northwood Apartments I, II, III, IV, V; Architecture and Design, North Campus Intramural Building, IST Building, University Printing, Library Storage and Bindery, Bentley Library.

 

   A2 -   Laundry, Property Control, Incinerator, North Campus Grounds, Highway Safety Research Institute, and all other North Campus Buildings.

 

   A3 -   Radrick Farms, Radrick Golf Course, Botanical Gardens.

 

   *One afternoon steward for A1 through A3.

 

390   Area B - Medical Campus

 

   B1 -   Main Hospital Floors B2, B1, 1.

   B2 -   Main Hospital Floors 2, 3, 4, 5.

   B3 -    Main Hospital Floors 6, 7, 8, 9.

B4 -    Taubman Cntr, MPOB, CPH, CFOB, Mott/Women's/ Holden, Simpson, Towsley, Med Cntr Parking Struc & Lot, SPH I and II.  

B5 –   Buhl Research Center, Catherine Street Parking Structure, Kresge Med Research, MHRI, Radiation Ther Lab (special projects bldg), Speech Clinic, Victor Vaughn, Kresge Med Research II, Kresge Hearing Research, Neuro-Science, Taubman Med Library, Med Sci I and II, Lab Animal Med Unit, Nursing School.  

 

B6 -   Kellogg Eye Center, Turner, Riverview, University Hospital Education Center, and all other buildings on the Medical Campus.

 

   * One afternoon steward for (B1 through B4 and B6)

 

   **One night steward for (B1 through B6)


 

391   Area C - Central Campus

 

C1 -   Mary Markley, Alice Lloyd, Observatory, Couzens, Mosher Jordan, Stockwell, CCRB, Women's Athletic Building, Margaret Bell Pool, Oxford Housing, Arboretum.

C2 -   Dental Building, Health Service, Fletcher Street Parking Structure, Power Center, Plant Service Building, Heating Plant, North University Building, North Hall, Museums Annex, Museum Building, Michigan League, Frieze Building, Rackham Building, Modern Languages Building, Social Work Annex, Thayer Street Parking Structure, Burton Tower, Hill Auditorium, Lane Hall.  

C3 -   Area bounded by State Street, North University, Washtenaw, Forest, and South University; East Quadrangle; Area Bounded by State Street, South University, Forest, and Hill; South Quadrangle; Michigan Union; West Quadrangle; Area bounded by State Street, Liberty, Fifth Avenue, and Madison, including Fourth Street and Williams Street Buildings; All other Central Campus Buildings.

 

391a    Area D - Stadium Area  

 

D1 -   Transportation, Plant Bldg. and Annex, Old General Stores Bldg., University Press Warehouse, Administrative Services Bldg., Data Systems Center, Heavy Equipment Garage.  

D2 -   All Stadium Area Athletic Bldgs., Fletcher Hall, Revelli Hall, Intramural Bldg., Coliseum, Hospital Stores Warehouse (Dock 3).  

D3 -   Food Stores, General Stores, Chemical Stores.

 

391b    Area E - Dearborn Campus

 

   E1 -    Dearborn Campus

 

391c   Area F - Flint Campus

  

   F1 -    Flint Campus   

 

* One afternoon steward for (C1 through C3 and B5), **One night steward for (C1 through C3), (E1).

 

392   Notwithstanding the provisions of Article 39 and in the event that a grievance arises in any district not set forth above, Union representation shall be as follows:

 

393   The aggrieved employee may have an employee, if any at his/her work location, represent him/her at Step One.

 

394      Thereafter, if he/she reduces his/her grievance to writing, he/she shall send one copy to the attention of the Bargaining Chairperson and another copy to the University Review Committee and at the request of the Union a hearing shall be scheduled as provided at Step Two of the Grievance Procedure.

 

395     If both the University and the Union agree it advisable, arrangements will be made to have the aggrieved employee present at the hearing.

 


CHIEF STEWARD

CLASSIFICATION GROUPING

 

396 Chief Steward I – Maintenance

  

CLASSIFICATION TITLE

GRADE

JOBCLASS

ASSISTANT LOCKSMITH

7

971590

AUDIO VISUAL AIDE

03

910180

AUTO BODY REPAIR/REFINISHER

13

970650

AUTO MECHANIC I

09

970480

AUTO MECHANIC II

11

970580

ELEVATOR MAINTENANCE MECHANIC

13

972780

EXTINGUISHER SERVICER

06

973780

HEAVY EQUIPMENT MECHANIC

14

970600

KEYLINER

05

954680

KEYMAKER

05

971560

LAUNDRY PLANT MECHANIC

13

972900

LOCKSMITH

12

971600

MACHINIST I

08

972580

MACHINIST II

11

972680

MAINTENANCE MECHANIC TRAINEE

07

972870

MAINTENANCE MECHANIC I

07

972880

MAINTENANCE MECHANIC II

09

972980

MAINTENANCE MECHANIC III

11

973080

MILLWRIGHT

14

972720

MOVER I

06

973180

MOVER II

10

973280

PARKING EQUIPMENT REPAIRPERSON I

10

970260

PARKING EQUIPMENT REPAIRPERSON II

12

970280

PARKING MAINTENANCE WORKER

07

972140

PARKING EQUIPMENT REPAIR II TRAINEE

10

970270

UPHOLSTERER I

08

973380

UPHOLSTERER II

10

973480

UPHOLSTERER III

13

973580

UPHOLSTERER IV

14

973680

VEHICLE MECHANIC-REGIONAL

CAMPUS

12

970590

 

 

 


397 Chief Steward II - Food & Nutrition & Printing

 

CLASSIFICATION TITLE

GRADE

JOBCODE

BAKER I

03

940180

BAKER II

05

940280

BAKER III

07

940380

BAKER IV

08

940480

BOOK BINDER I

03

951380

BOOK BINDER II

07

951480

BOOK BINDER III

09

951580

CAMERA OPERATOR II

11

951700

CHEF ASST

07

941300

COOK I

03

940980

COOK II

05

941080

COOK III

07

941180

COOK IV

08

941280

FINISH MACHINE OPERATOR I

08

952180

FINISH MACHINE OPERATOR II

10

952280

FINISHING WORKER

03

953980

FOOD SERVICE WORKER

01

941880

GALLEY FOOD SERVICE AIDE

02

941980

HOSPITAL BAKER I

07

940200

HOSPITAL BAKER II

08

940300

HOSPITAL COOK I

03

941000

HOSPITAL COOK II

05

941100

HOSPITAL COOK III

08

941200

KITCHEN CLEANER

03

940880

LETTERPRESS OPERATOR

10

952480

MAIL SERVICE AUTO EQUIPMENT HELPER

07

980000

MAIL SERVICE AUTO EQUIPMENT OPERATOR

09

980010

MEAT CUTTER I

08

941480

MEAT CUTTER II

10

941580

MEAT CUTTER III

12

941680

METABOLIC COOK

8

941380

MICROFILM OPERATOR I

4

980580

MICROFILM OPERATOR II

9

980480

MICROFILM OPERATOR III

10

980680

OFFSET PRESS FEEDER OPERATOR

09

952700

OFFSET PRESS OPERATOR I

08

952680

OFFSET PRESS OPERATOR II

10

952780

OFFSET PRESS OPERATOR III

11

952880

OFFSET PRESS OPERATOR IV

12

952900

OFFSET PRESS OPERATOR V

13

952920

OFFSET PRESS OPERATOR VI

14

952930

OFFSET PRESS SECOND OPERATOR

11

952910

PRESS OPERATOR

09

954780

PRODUCTION BAKER I

04

940580

PRODUCTION BAKER II

07

940680

PRODUCTION BAKER III

08

940780

STRIPPER I

09

953480

STRIPPER II

11

953580

 

 

398    Chief Steward III - Aides & Attendants

 

CLASSIFICATION TITLE

GRADE

JOBCODE

AMBULANCE ATTENDANT

09

960380

AMBULANCE COMMUNICATION SPECIALIST

12

972020

ANESTHETIST AIDE

04

960180

ANIMAL AIDE

04

930180

ANIMAL ATTENDANT

03

930280

ENTRANCE ATTENDANT

03

960480

FILM PROCESSOR I

03

961480

FILM PROCESSOR II

05

961580

HOME HEALTH AIDE I

03

960510

HOME HEALTH AIDE II

04

960520

INSTRUMENT/STERILIZER PROCESSOR

05

961380

LABORATORY AIDE

04

930380

LABORATORY ATTENDANT

02

930480

MEDICAL PROCEDURES AIDE

04

960870

MESSENGER

01

961080

NURSE AIDE I

03

960580

NURSE AIDE II

04

960680

NURSE AIDE III BURN CARE

05

960780

NURSE AIDE III INTENSIVE CARE

05

960820

NURSE AIDE III ORTHO CARE

05

960800

OPERATING ROOM AIDE

04

960860

OR INSTRUMENT PROCESSOR I

05

961980

OR INSTRUMENT PROCESSOR II

06

961960

PATIENT VISIT ENTRANCE ATTENDANT

04

970200

PATIENT TRANSPORTER

02

961180

PSYCHIATRIC AIDE

03

961880

PSYCHIATRIC CARE WORKER

07

961780

TEACHER AIDE

03

960280

X-RAY AIDE

04

960980

 

 

399   Chief Steward IV - Service & Cleaning

CLASSIFICATION TITLE

GRADE

JOBCODE

CUSTODIAN I

01

971180

CUSTODIAN II

03

971280

CUSTODIAN III

04

971380

DUCT CLEANER

07

970860

FIXTURE & WALL CLEANER

04

970980

GARMENT WORKER I

02

951080

GARMENT WORKER II

04

951180

HOUSEKEEPER

04

971480

HOUSEKEEPER CHANCELLORS HOUSE

05

971500

HOUSEKEEPER PRESIDENTS HOUSE

07

971490

INCINERATOR LOADER

04

971250

LAUNDRY CHECKER

03

950580

LAUNDRY CLASSIFIER

03

950680

LAUNDRY FEEDER FOLDER

01

950780

LAUNDRY MACHINE OPERATOR

05

950880

LAUNDRY PRESSER

02

950980

LAUNDRY WEIGHER LOADER

05

951280

LINEN ATTENDANT

03

950380

LINEN SERVICES ATTENDANT

05

950480

UNIT CUSTODIAN

02

971200

VENETIAN BLIND CLEANER

04

971080

WASTE HANDLER I

04

972330

WASTE HANDLER II

05

972340

WINDOW WASHER

06

971780



400 Chief Steward V - Grounds, Gardeners,    Transportation & Stores

 

CLASSIFICATION TITLE

GRADE

JOBCODE

ABLE BODIED SEAMAN

09

931080

ATHLETIC FACILITY WORKER I

04

972160

ATHLETIC FACILITY WORKER II

07

973040

BOTANICAL PREPARATOR

05

930680

BUS OPERATOR

08

970680

DECKHAND

03

931280

DISPATCHER I

04

971960

DISPATCHER II

06

971980

DISPATCHER III

07

971940

GARDENER I

05

930780

GARDENER II

07

930880

GOLF COURSE GREENSKEEPER

09

972090

GROUNDSKEEPER I

05

972080

GROUNDSKEEPER II

07

972180

HOSPITAL COMMUNICATION OPERATOR I

07

972000

HOSPITAL COMMUNICATION OPERATOR II

09

972040

LAUNDRY MOTOR VEHICLE OPERATOR

07

950890

LOCKER ROOM ATTENDANT

03

910280

MOTOR VEHICLE OPERATOR

06

970780

M-STORES ROOM DELIVERY DRIVER

07

970790

PARKING ATTENDANT

03

970180

PATIENT EQUIPMENT ATTENDANT

05

960500

PLANT MOUNTER I

03

930580

PLANT MOUNTER II

04

930600

POSTAL CLERK I

04

980180

POSTAL CLERK II

06

980280

POSTAL CLERK III

07

980380

REFUSE TRUCK HELPER

04

972060

REFUSE TRUCK OPERATOR

07

972200

SERVICE STATION ATTENDANT

06

970380

SHIP STEWARD

09

931180

STOCKKEEPER I

04

954280

STOCKKEEPER II

06

954380

STOCKKEEPER III

08

954480

TRANSIT COACH OPERATOR

09

970800

TREE TRIMMER I

10

972380

TREE TRIMMER II

12

972480

TREE TRIMMER TRAINEE

10

972370

 


401    Chief Steward VI – All Areas Midnights  

  

401a   Chief Steward VII – Hospital Afternoons

 

401b   Chief Steward VIII – Central Campus Afternoons    
402   Deleted  

MEMORANDUM OF UNDERSTANDING

 

MISCELLANEOUS

 

 

405     This confirms our agreement that:

 

406     Notwithstanding the provisions of Article X, Overtime, and at the option of the majority of employees in each group, the University may provide compensatory time off rather than pay for employees assigned to Great Lakes Research and Student Publications.

 

407      If an employee uniform is required by the department, the uniform and/or its maintenance will be provided.

 

      In addition, each full-time employee will receive a minimum of five (5) uniforms.

 

408     Where an employee is required to take meals provided during his/her assigned schedule of work, he/she will not be charged for meals when he/she is absent from work.

 

409     No employee will be required to furnish his/her own tools or equipment.

 

410     If there is a pay shortage in an employee’s check of four (4) hours or more, at the request of the employee the correct payment will be made by the University not later than the end of the first working day of the University’s payroll department following the day the employee’s immediate supervisor is notified of the shortage. Pay shortages for less than four (4) hours will be corrected and paid on the next regular payday.

 

411     While rules, regulations, and requirements may vary within the University, no such rule, regulation or requirement shall be contrary to terms of this agreement nor shall any such rule, regulation or requirement be administered in an arbitrary or capricious manner.

 

412     In the event that the application of a rule, regulation or requirement results in disciplinary action, the reasonableness of such rule, regulation or requirement shall be subject to review in the grievance and arbitration procedures as it relates to just cause.


 

413     In addition, the arbitrary or capricious administration of a rule, regulation or requirement, including the use of non-relevant personal factors, as distinguished from employment related factors, shall be subject to review in the grievance and arbitration procedure.

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

Date: March, 2006

Note: Paragraph 414 and 415 have been deleted.

 

MEMORANDUM OF UNDERSTANDING

 

CHAIRPERSON OF THE BARGAINING COMMITTEE-PAY

 

 

416     If the Chairperson of the Bargaining Committee elects to take a full-time excused absence from work rather than a leave of absence, the Chairperson nevertheless will be paid for 80 hours in a bi-weekly pay period for 26 bi-weekly pay periods per annum. It is understood that such time paid is for time spent investigating grievances at Step Two, Step Two hearings, disciplinary hearings, conferences, and the preparation for hearings, conference, and arbitration. It is further understood that the hours of pay referred to above shall be neither increased nor decreased during the term of this Agreement, even though hours spent in the foregoing areas are more or less than the hours for which paid.

 

417   It is further understood that, in the event of such full-time excused absence, the University shall pay fringe benefit premiums to the same extent as a full-time employee.

 

418   The chairperson of the Bargaining Committee shall be paid at the job rate of pay grade fourteen (14).

 

419   In the event, however, the Chairperson ceases to perform the functions set fort in this Memorandum or designates a representative when otherwise available (sickness, vacation, other short term absences and overlapping commitments covered by the Memorandum excepted), after notice to the Union and a reasonable opportunity to remedy the situation, the pay shall cease until the situation is remedied.

 

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

Date: March, 2006

 

 

MEMORANDUM OF UNDERSTANDING

 

SPECIAL INDIVIDUAL RATES AS A RESULT

OF CHANGES IN CLASSIFICATIONS AND

PAY GRADE ASSIGNMENTS UNDER PRIOR AGREEMENTS

 

 

421   This confirms our agreement that:

 

     Employees assigned to a classification in Appendix B. of this Agreement which has a lower pay grade than that of the classification to which they were last assigned under the agreement executed on March 7, 1974, will remain in the higher pay grade despite the fact that these classifications are now assigned to a lower pay grade or they are assigned to a new or different classification which has a lower pay grade. Such employees will remain in the higher pay grade as long as they remain in the classification to which they were assigned on the execution date (March 24, 1977) of the prior agreement or until they are offered assignment to a classification for which they have the necessary qualifications as defined in Article 20, and which is within their classification series, or for Custodian II’s to the Maintenance Mechanic classification series and the Offset Press Attendant to the Finishing Machine Operator classification series, and which classification has the same or higher pay grade than the pay grade in which they have remained. Such an offer of assignment must be in the employee’s same geographic area ( Ann Arbor, Flint, or Dearborn).

 

422     The offering of an assignment to a classification which has the same or higher pay grade shall not violate a provision of Article 20.

 

423     The employees who remain affected by the application of the March 24, 1977, Memorandum and this Memorandum shall be set forth in a separate memorandum.


 

424     In addition, the remaining employee, now classified as Dispatcher I, covered by the Memorandum of March 7, 1974, shall continue to be covered by the provision of that Memorandum.

 

 

    For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

  

 

Date: March, 2006

 

  

MEMORANDUM OF UNDERSTANDING

 

EXPERIMENTAL TRAINING PROGRAM

 

 

425     The University and the Union agree that it is in the best interest of the parties and the employees represented by the Union to undertake an experimental on-the-job training program as a means of providing employees with the requisite skills in order to qualify them for promotions which become available. In this connection, the parties agree that any training classification established will be consistent with the needs of the University.

 

426     Whenever a training classification is established, the position will be posted in accordance with the provisions of Article 20, Sections D. and E. The posting will set forth the purpose of the training program, the classification for which employees are to be trained, the rate of pay during the training program, and the department in which the training is to take place. Following the posting, selection will be based on the seniority of the employees who have the basic qualifications to perform the work of the classification for which they are to be trained. For the purposes of this training program, basic qualifications means that the records of the University or other knowledge made known to the University indicates the reasonable certainty that the employee will be able to perform competently the full range of duties of the classification upon completion of the training provided by this program. The Union will be sent a listing of the bidders and their seniority dates and the name of the employee selected.

  

427     In the event that some or all of the training is provided outside the employee’s regular schedule of work, his/her schedule of work may be adjusted so that the training takes place during hours paid at the regular hourly rate. In any event, time spent in training, including classroom time, shall be paid time.


 

428     An employee in the training program shall be paid initially $1.00 per hour less than the job rate of the classification for which he/she is to be trained, or his/her current hourly rate of pay, whichever is the higher. Three months thereafter the employee shall receive an additional 10 cents per hour and 15 cents per hour at the next two (2) three- (3) month intervals and 20 cents per hour at the next two (2) three- (3) month intervals, until his/her hourly rate reaches 20 cents per hour less than the job rate for the classification for which he/she is being trained. He/she shall remain at that rate until completion of the training program, when he/she shall receive the job rate.

 

429     Upon successful completion of training, the employee will be assigned to the classification for which he/she has been trained, Article 20 notwithstanding.

 

430     If it is decided that the employee’s progress in developing the requisite skills is unsatisfactory, he/she shall be assigned, consistent with his/her seniority, to the classification to which he/she was assigned immediately preceding assignment to the training classification, or to one of comparable status and hourly rate of pay.

 

431     The supervisor responsible for the training will prepare reports every three (3) months, and more often if needed, on the employee’s progress. A copy of this report will be sent to the University Personnel Office and the Chairperson of the Bargaining Committee.

 

432     The University and the Union will meet quarterly in special conference to evaluate this program and explore possibilities of further development unless mutually agreed that no conference is necessary. In this connection, a discussion of the University’s projection of needs, together with an analysis of promotions and new hires, will take place semi-annually. In every case, a conference will be held prior to establishing a training classification under this program. The Union will be provided a current listing of employees assigned to training classification, notification of successful completion, and subsequent assignment and notification of any removal from the training program.


 

433     In addition and apart from this program, the University and the Union agree that another method of qualifying employees for promotion is to permit periodic, but controlled, performance of duties of classifications assigned to higher pay grades. In such a case, and provided the name of the employee who is periodically so assigned is made known to the Union in advance of the performance, the provision of Article 15 shall not be applicable nor shall a misclassification result.

 

434     In the event that the University establishes a training program for classifications not covered by the collective bargaining agreement and an employee in this collective bargaining unit is selected for training, he/she shall be assigned, consistent with his/her seniority, to the classification in the bargaining unit to which he/she was assigned immediately preceding assignment to the training program, or one of comparable status and hourly rate of pay, if the University decides that the employee’s progress in developing requisite skills is unsatisfactory.

  

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

Date: March, 2006

MEMORANDUM OF UNDERSTANDING

 

UNION ORIENTATION

 

 435     The University will allow the Local Union President, or his/her designee who will be the Bargaining Chairperson, an Officer or Chief Steward, to participate in the University’s New Employee Orientation Program, if the orientation is attended by new employees hired into positions at the University which are represented by AFSCME, Local 1583. The Union will be allowed a reasonable time period to discuss such items as, but not limited to (1) the signing of Voluntary Authorization For Deduction Of Initiation For Or Processing Fee And Union Dues Or Service Charge (2) providing the names and telephone numbers of union representatives (3) discussing the employee’s rights and responsibilities as well as provisions of the Collective Bargaining Agreement. Where applicable, the Union Official participating in the orientation will do so without loss of time or pay from their assigned schedule of work.

 

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

  

Date: March, 2006  

 


MEMORANDUM OF UNDERSTANDING

 

PTO ACCRUAL

 

 

436     Unless otherwise provided, an employee may request from their supervisor or other designated University representative, their PTO balance. In addition, the University agrees not to post employee vacation and PTO time balances.

 

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

  

Date: March, 2006

 


MEMORANDUM OF UNDERSTANDING

 

PRE-ARBITRATION GRIEVANCE INVESTIGATIONS

 

 

437     During the term of this Agreement, both parties agree to an experimental procedure for the investigation of grievances prior to submission to arbitration, the intent of which is to reduce the number of grievances submitted to arbitration.

 

     The Chief Stewards, not to exceed six (6) will be granted time off from their assigned schedule of work without loss of time or pay for a maximum of four (4) hours per week, for the sole purpose of investigating grievances subsequent to receipt of a written answer at Step Three of the Grievance Procedure and prior to submission of such grievances to arbitration.

 

     Either the Union or the University may cancel this procedure on seven (7) days notice to the other party.

 

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

Date: March, 2006

 

 

Note: Paragraph 438 deleted.

 

MEMORANDUM OF UNDERSTANDING

 

SAFETY SHOES

 

 

439     The University shall reimburse employee(s) for the actual costs of safety shoes provided by the employee(s), not to exceed $45.00 per employee, only when required to be worn by the University and upon receipt of satisfactory evidence of purchase. Such safety shoes provided by the employee(s) must meet University specifications as to style and material and/or applicable safety standards established by federal or state laws or regulations.

  

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

  

 

Date: March, 2006

 


MEMORANDUM OF UNDERSTANDING

 

ALLEGED MISCLASSIFICATION OF AN EMPLOYEE

 

 

440     The University and the Union agree to the following experimental procedure:

 

     If the Chairperson of the Bargaining Committee disagrees with a determination that an employee is not misclassified, an on-site visit to the job will be arranged for the Chairperson of the Bargaining Committee upon the Chairperson’s request to a designated representative of the University Personnel Office. A representative of the University, at its option, may accompany the Chairperson.

 

     Either the University or the Union may cancel this procedure on seven (7) days notice to the other party.

 

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

Date: March, 2006

 

MEMORANDUM OF UNDERSTANDING

 

TECHNOLOGICAL CHANGE

 

 

441     In order for the parties to be informed concerning matters of mutual interest regarding technological change, the Union and the University agree to establish a Technological Change Information Committee, to be comprised of five representatives from each party. At the request of either party, meetings shall be scheduled at a mutually agreeable time and place. At least one calendar week prior to the meeting, the University and/or the Union shall submit an agenda of matters to be discussed to the other party. These matters may include concerns regarding the utilization and reorientation of employees affected by such changes. If no such agenda is submitted, there shall be no meeting.

 

 

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

  

 

Date: March, 2006


 

MEMORANDUM OF UNDERSTANDING

 

CHILD CARE

 

 

442     In the event the University conducts a study of Child Care Programs, the Union will be given an opportunity to provide input. Upon completion of any such study, the University will hold a Special Conference with the Union to report the findings and results.

  

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

Date: March, 2006  


MEMORANDUM OF UNDERSTANDING

 

HEALTH INSURANCE

 

 

443     In addition to the current health care programs offered by the University, the University will offer a Blue Cross/Blue Shield Comprehensive Major Medical program where the full family coverage premium does not exceed the University’s contribution.

 

     It is understood that to accomplish this, the offered program may change from time to time.

 

  

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

  

Date: March, 2006  


MEMORANDUM OF UNDERSTANDING

 

WORK SCHEDULE OPTION AND OVERTIME PAY

 

 

444     It is understood and agreed that upon arrangements acceptable to the Union and the University and notwithstanding the provisions of Section A of Article 8 and Section A of Article 10, a normal schedule of work can consist of ten (10) hours per day and forty (40) hours per week.

 

     In such a case, any employee or employees involved shall not be eligible for the daily overtime premium provided in Section A of Article 10 until such time as the hour calculation exceeds ten (10) hours in a day.

 

 

    For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

  

 

Date: March, 2006  


MEMORANDUM OF UNDERSTANDING

HOSPITALS AND HEALTH CENTERS TRAINING INITIATIVE

 

 445 During the life of the Agreement, the Hospitals and Health Centers agrees to invest up to $100,000 per year, for up to four (4) years, to create training opportunities for employees to qualify for positions at the Hospitals and Health Centers. It is understood that the training initiatives will be focused on classifications for which there are current or anticipated recruitment needs. A Special Conference will be convened prior to the initiation of training to receive input on the planned training.

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

Date: March, 2006

MEMORANDUM OF UNDERSTANDING

 

PRESIDENT’S PAY

 

 

446     At the request of the Bargaining Chairperson the President of AFSCME Local 1583 may elect to take a full-time excused absence from work rather than a leave of absence, the President nevertheless will be paid for 48 hours in a bi-weekly pay period for 26 bi-weekly pay periods per annum. It is understood that such time paid is for time spent representing employees in the Grievance Procedure when there is a Chief Steward vacancy or a Chief Steward not available, conducting Union Orientation (per paragraph 435), filling in for the Bargaining Chairperson for a short duration and may represent the Union on Committees. It is further understood that the hours of pay referred to above shall be neither increased nor decreased during the term of this agreement, even though hours spent in the foregoing areas are more or less than the hours for which paid. Hours designated will be set by the University following consultation with the President.

 

447     It is further understood that, in the event of such part-time excused absence, the University shall pay fringe benefit premiums to the same extent as a full-time employee.

 

448     The President shall be paid at the job rate of pay grade fourteen (14) or the top rate as the case may be.

 

449     In the event, however, the President ceases to perform the functions set forth in this Memorandum after notice to the Union and a reasonable opportunity to remedy the situation, the pay shall cease until the situation is remedied.

 

449a     This memorandum may be revoked by the Bargaining Chairperson with fourteen (14) days notice. At such time the President would be placed on an unpaid Leave of Absence.

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

Date: March, 2006

MEMORANDUM OF UNDERSTANDING

ARTICLE 20, SECTION D, PROCEDURES

 

 

450     The parties recognize that during the term of this Agreement, there will be a change from a manual posting procedure to an electronic posting and bidding system. The implementation of this system will make the bidding and posting procedure electronic.

 

     Given that the University is still in negotiations with the vendor to determine all of the features of the new system, it is difficult to outline in detail all of the expected changes.

 

     When the design phase is complete and prior to the implementation, the University will meet with the Union in Special Conference to discuss the features of the new system and their impact on the current posting and bidding process.  

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

Date: March, 2006

 

MEMORANDUM OF UNDERSTANDING

RETROACTIVE PAYMENTS

 

 

451     Each employee who was an employee on August 1, 2005, or who was hired after August 01, 2005 and who has remained an employee up to and including the execution date of this agreement, will receive a retroactive payment on the hours worked or paid based upon the employees’ pay grade in Wage Schedule A, except that there will be no retroactive wage payments to probationary employees. However, if a probationary period is completed on or after August 1, 2005, the employee will be entitled to a retroactive payment based upon their pay grade. The effective date of the retroactive payment will be the beginning of the first pay period following completion of their probationary period.

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

  

Date: March, 2006

 

MEMORANDUM OF UNDERSTANDING  

INSTRUMENT PROCESSOR/STERILIZER

 

452     The pay grade adjustment for Instrument Sterilizer/Processor from pay grade 04 to pay grade 05 is made with the following understanding:

 

1.   Additional responsibilities, including but not limited to additional instrument sets, may be introduced without moving this classification to a higher pay grade. In any event, the pay grade for Instrument Sterilizer/Processor will not exceed that of OR Instrument Processor I.

2.   The Instrument Processor/Sterilizer classification is distinct from the OR Instrument Processor I, pay grade 05, each having distinct necessary qualifications and not included in the same classification series.

 

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

Date: March, 2006

MEMORANDUM OF UNDERSTANDING

 

ARBITRATION BACK LOG &

 

EXPEDITED ARBITRATION (XARB)

 

 

453     The following procedure has been agreed to by the parties in an effort to reduce the number of grievances pending at arbitration. It is understood that the following is a one time pilot program that ends with the expiration of the current agreement (insert date) and will proceed as follows;

 

1.   Within 60 days following execution of this agreement a meeting will be held with representatives of the University, AFSCME Council 25 and AFSCME Local 1583 to review their records and determine the number of cases of pending grievances appealed to arbitration (backlog). Only grievances appealed to arbitration prior to the execution date of this agreement will be considered for this process.

 

2.   After the backlog has been agreed to by the parties, a meeting will be held within 60 days to decide which cases will be submitted to expedited arbitration (Xarb). Unless there is mutual agreement to proceed to Xarb, pending cases will proceed under the provisions of Article 40 of the agreement. Provided the conditions of 1 and 2 above are satisfied, arbitrators will be contacted to hear cases no later than 120 days from the execution of the agreement.

 

3.   The University and the Union will agree upon the arbitrator(s) to hear Xarb cases. It is understood that the arbitrator will hear multiple cases in a day. The hearing will involve, unless agreed to otherwise by the parties, an opening statement, submission of documentary evidence and a closing argument. The parties will meet and agree on additional specific process for the hearing. The arbitrator will submit a brief written decision following the hearing. All Xarb decisions are final and binding and without precedent. All fees and expenses of the arbitrator are shared by the parties.


 

4.   Nothing in the Xarb procedure will prevent the parties from arriving at settlement of pending arbitrations prior to hearing.

 

At the request of either party, the parties will meet in Special Conference for the purpose of evaluating the process.

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 Date: March, 2006

 

MEMORANDUM OF UNDERSTANDING

 SEASONAL LEAVE OF ABSENCE

 

 

454     In addition to the 80 seasonal leave of absence positions allowed under Section L of Article 29, it is understood and agreed that at such time that 80 positions are established and filled, the Housing Division may utilize an additional 20 newly created seasonal leave positions. In such a situation, the provisions of Sections L shall apply.

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

Date: March, 2006

 


Note: Paragraph 455 has been deleted.

 

MEMORANDUM OF UNDERSTANDING

 

ONE-TIME WAGE PAYMENTS

 

 

456     In addition to the job rate on the appropriate wage schedule in Appendix A, an individual employee may be granted a one-time, lump-sum gross wage payment under the following conditions:

 

 

     It is understood that this is a pilot program for the duration of this Agreement, during which the Union may request a review through Special Conference.

 

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

Date: March, 2006

 

 

Note: Paragraph 457 has been deleted.

 

 

MEM0RANDUM OF UNDERSTANDING

 

PTO ACCRUAL

 

 

458     During the term of the Collective Bargaining Agreement the accrual and recording of PTO per paragraph 229b, number 5, may be changed from the beginning of the calendar month to the end of a calendar month. AFSCME will be notified six months prior to the effective date of such a change.

 

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

  

Date: March, 2006

 

MEMORANDUM OF UNDERSTANDING

 LABOR/MANAGEMENT COMMITTEE ON STANDARDIZATION OF QUALIFICATIONS FOR SELECTED CLASSIFICATIONS

 

459     The Union and the University agree to the formation of a joint committee to review the possibility of standardizing qualifications for selected pay grade 2-6 classifications for the purpose of defining minimum necessary qualifications. The committee will consist of three representatives for the Union and three representatives for the University. The three representatives for each party may change based on the specific classifications being reviewed at any given time. At the mutual agreement of both parties, additional representatives for both parties may be invited to meet with the committee to provide input on specific classifications being reviewed at any given time. Any person who loses time from his/her assigned schedule of work participating on this committee will do so without loss of time or pay. Mutual agreement must be obtained by the parties on standardized qualifications for any specific classification. If mutual agreement is not reached no standardized qualifications will be established for that specific classification. The classifications to be reviewed by the committee are as follows:

 

Pay Grade 01:

 

Custodian I, Laundry Feeder Folder, Food Service Worker

 

Pay Grade 02:

 

Unit Custodian, Laundry Presser, Patient Transporter

 

Pay Grade 03:

 

Nurse Aide I, Locker Room Attendant, Parking Attendant, Baker I, Laundry Checker, Laundry Classifier, Kitchen Cleaner, Cook I,

Hospital Cook I, Custodian II

 

Pay Grade 04:

 

Nurse Aide II, Patient Visitor Entrance Attendant, Fixture & Wall

Cleaner, Venetian Blind Cleaner, Postal Clerk I, Dispatcher I

Stockkeeper I


Pay Grade 05:

 

Nurse Aide III- Burn Care, Nurse Aide III- Intensive Care, Nurse Aide III- Orthopedic Care, Patient Equipment Attendant, Baker II, Cook II, Hospital Cook II, Groundskeeper I, Processor Instrument/Sterilizer, OR Instrument Processor I, Laundry Weigher Loader, Laundry Machine Operator

 

Pay Grade 06:

 

Service Station Attendant, Dispatcher II, OR Instrument Processor II

 

This committee will be in effect for as long as it takes to review the above referenced classifications. Scheduling of meetings will be at the mutual consent and availability of the respective representatives.

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

Date: March, 2006

Note: Paragraph 460 has been deleted.

MEMORANDUM OF UNDERSTANDING

PERSONAL DISCRETION TIME (PDT) RENEWAL CHANGE AND PTO SELLBACK TRANSITION PERIOD

461 In order to provide for proper personal discretion time renewals caused by the change in those renewals from January to June, and the changes to the PTO Sell Back provision of our Agreement as an incentive not to use personal discretion time, the following provisions apply:

• On January 1, 2003 employees will renew 1.5 days of PDT.

• On June 1, 2003 employees will renew 3 days of PDT. (employees working half time or less will receive one half of the above PDT renewal amounts)

• An employee who uses no personal discretion time from June 1, 2003 through May 31, 2004, may sell back up to 72 hours of PTO time in October, 2004 in accordance with Article 24, Section F of our Agreement.

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME



Date: March, 2006

MEMORANDUM OF UNDERSTANDING

TRAINING

462   In support of employee development and of units in accomplishing their missions, the University and AFSCME agree to the following:  

 

 

     For the Regents of the       For Local 1583,

     University of Michigan       AFSCME

 

 

Date: March, 2006


Note: Paragraph 463 has been deleted.

 

 

MEMORANDUM OF UNDERSTANDING

 

PROMOTIONS AND OTHER TRANSFERS

CLASSIFICATION SERIES

 

 

464     The Union and the University agree to the formation of a joint committee to review Appendix E - Classification Series. The committee will consist of 3 representatives for the Union and 3 representatives for the University. The committee will review the appropriateness of the Classification Series as described in Article 20 – Promotions and other Transfers. An employee who loses time from his/her schedule of work while participating on this committee will do so without loss of time or pay. Mutual agreement must be obtained by the parties prior to any changes in the collective bargaining agreement. If there is no mutual agreement the current contract language will remain in effect during the term of this agreement.

 

The Committee shall meet within 90 days from execution of the agreement and shall conclude its work within 6 months of the initial meeting. The time may be extended by mutual agreement.

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

 

 

Date: March, 2006

MEMORANDUM OF UNDERSTANDING

 

CLASSIFICATION REVIEW PROJECT

 

465     The Union and University agree to the formation of a joint committee to review specific individual employees and/or job titles for potential reclassification to higher level positions. The committee will consist of three representatives for the Union and three representatives for the University.

 

The criteria to be used when evaluating such individuals or classifications is as follows:

 

Significant change in:

 

 

   Market factors:

 

 

   Other factor(s):

 

 

Factors That Will Not Influence Reclassification:

 

 

   An employee who loses time from his/her schedule of work while participating on this committee will do so without loss of time or pay. If there is no mutual agreement the current contract language will remain in effect during the term of this agreement.


 

The committee shall meet within 90 days from the execution of the agreement and shall conclude its work within six months of the initial meeting. The time may be extended by mutual agreement.

 

 

 

   For the Regents of the       For Local 1583,

   University of Michigan       AFSCME

 

 

 

 

Date: March, 2006