INDEX

 

                                              Paragraph No.    Page No.

 

Annual Military Duty                          29 1    59-60

Appendix “A” – Wage Schedules and                     100-106

   Apprentice Rates/Committee                         125-128

Appendix “B” – Plant Department, Hospital,            107-108

   Housing Facility and Information Technology

   Central Services Steward Structure by

   Classification Combination

Appendix “C” – Bulletin Board Locations               109

Appendix “D” – Overtime Units of Distribution         110

Arbitration                                   43 1-7  93-96, 117

Benefits, Other Legal & Vision Plans,         32a  1  73

   Long Term Care Insurance                  

Bulletin Boards                               8 1-2   12-13, 109

Call Back Pay                                 15 1-2  27

Christmas/New Year Season Days                25 1-7  52-54

Classification and Wages                      10 1-4  17-18

Continuing Education                          38   1  79-80

Discipline                                    40 1-9  82-84, 129

Dues or Service Charge Check-off              7 1-6   9-12

Employee Address and Seniority Lists          18 1-8  31-33

Funeral/Memorial Service Leave Pay            27 1-3  57-58

Grievance Procedure                           42 1-25 87-93, 114

Group Life Insurance                          31 1-3  70-71, 118

Health Insurance                              32 1-9  71-73, 118

   Dental Plan                                32   7  72-73, 118

Holidays                                      24 1-7  50-52

Internal Position Change and External         20 1-14 34-37

   Job Posting

Jury and Witness Service                      28 1-5  58-59

Layoff and Recall Procedure                   21 1-5  37-41, 111

Lead-Paint Abatement                                  106

Lead Person Pay                                       104-105

Leaves of Absence                             30 1-32 60-70

Longevity Pay                                 36 1-4  77-79

Long Term Disability Plan                     34 1-3  74-76, 118

Management Rights                             2 1-2   3

Meal Periods                                  9 3     14, 124

Memorandums of Understanding                          111-129

   Audio & Video Recording #6                         116

   Apprentice Training Programs/Reimbursement #15     125-128

   Benefits, Me Too Provision #18                     118

   Extra Curricular Committees #5                     115

   First Aid Training #9                              119

   Health Reimbursement Account (HRA) #13             123

   Meal and Rest Periods #14                          124

   Overtime, Compensatory OT Laws #2                  112

   Panel of Arbitrators #7                            117

   Paper Disciplinary Layoff #16                      129

 

   Prescription Drug Co-Pays #10                      120

   Seniority Group Merger #11                         121

   Temporary Help During Layoff #1                    111

   Union Representation #4                            114

   Vacation Recording #3                              113

   Vacation Time Accrual #12                          122

Miscellaneous                                44 1-10  96-98

Non-Discrimination                            5 1-5   6

No-Strike Guarantee                           4 1-7   4-5

On-Call Pay                                  14 1-3   25-27

Overtime                                     11 1-22  18-24, 112

Pay Shortage                                 10 2-3   17

Probationary Employees                       19 1-3   33

Rates of Pay on Transfer                     13 1-5   24-25

Recognition and Definitions                   1 1-6   1-2
Rest Period                                   9 4     14, 124

Retirement Plan                              35 1-4   76-77, 118

Return to Bargaining Unit                    16 3     29  

Safety                                       39 1-4   80-82

Seniority Definitions & Loss of Seniority    16 1-8   28-31, 121

Seniority List                               17 1     31

Shift Premium                                12 1-5   24

Sick Time                                    23 1-33  41-50

   Abuse                                     23 25    48-49

   Attendance Incentive                      23 32-33 50

   Determination of Sick Time Pay            23 22    48

   During Vacation                           23 1, 7  42

   Extended Sick Time                        23 13-20 45-47

      Eligibility & Schedule of Maximums     23 13,18 45-47

      Worker’s Compensation                  23 14,20 46-47

   Notice and Proof of Disability            23 23-24 48

   Part-Time Employees                       23 21    47

   Physician’s Statements/General Conditions 23 26-31 49

   Short Term Sick                           23 2-12  42-44

      Annual Renewal                         23 4     42-43

        New Hires and Transfers              23 5     43

   Eligibility                               23 1     41-42

   Family Care Time                          23 12    44

   Scheduled Medical and Dental              23 11    44

      Care Appointments

   Sell Back and Maximum Accrual             23 7-10  43-44

   Use of Vacation if No Sick Time           23 6     43

Special Conferences                           3 1     4

Temporary Employees                          12 4     2

   Layoff of TRADES Employees                44 9             97-98, 111

Term of Agreement                            46 1     99

Transfers, Other                             22 1     41

Travel Accident Insurance                    33 1-2           74, 118

Tuition Support Program                      37 1     79

Tunnel Premium                                        106

Union and University Representation          41 1-5   84-87

Union Security                                6 1-6   6-9

Vacations                                    26 1-14  54-57

   Accrual                                   26 1-7   54-55

   Pay for Accrued Vacation Time             26 10-11 56

   Pay in Lieu of Vacation Time              26 9     56

   Scheduling of Paid Vacation Time          26 12-14 56-57

Waiver                                       45 1     98   

Wash Up Time                                  9 5     14  

Work Schedules                                9 1-9   13-16


 

 

 

 

 

      The Regents of the University of Michigan (hereinafter called the "University") and the University of Michigan Skilled Trades Union, Inc. (hereinafter called the "Union") agree as follows:

 

 

ARTICLE 1

 

RECOGNITION AND DEFINITIONS

 

SECTION A

 

DESCRIPTION OF UNIT

 

1-1      Pursuant to and in conformity with the Certification issued by the Michigan Labor Mediation Board on November 17, 1967 in Case No. R65 H-25, and subsequent negotiations between the parties, and subsequent certifications from the Michigan Employment Relations Commissions, the University recognizes the Union as the exclusive representative for the purposes of collective bargaining in respect to wages, hours, and other conditions of employment for all employees in the following bargaining units:

 

         Electricians; Sheet Metal Workers; Roofers; Roofer and Sheet Metal Helpers; Painters, including Sign Painters and Spray Painters; Masons; Plasterers; Carpenters, including Carpenter Machinists; Cabinet Makers; Heavy Equipment Operator Underground Specialists; High Voltage Electricians; HVAC Control Specialists; Plumber Pipe-Fitters, including Pipe Coverers and Steam Fitters; Heavy Equipment Operators; Telecommunication Specialists; Telephone Installer Repairpersons; Welders; Construction Laborers; Materiel Expediter-Trades; Sanitary & Storm Water Systems Specialist; AC & Refrigeration Mechanic; Industrial Electrician; Industrial Machinist; Fire Alarm Electrician; Elevator Mechanic; Central Power Plant Electrician; Glazier; Mechanical Systems Field Service Specialist; Medical Equipment Repairer and all Apprentices to the foregoing at any location or facility of the University of Michigan; EXCLUDING Temporary and Student Help; Professional Employees; Teaching Faculty; Research Staff; Office Clerical Employees; Technical Employees; Supervisors, and all other employees.

 

SECTION  B

 

DEFINITIONS

 

1-2      The term "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.

 

1-3      The term “temporary help” shall mean any individual or individuals hired by the University whose employment is limited in duration, unless otherwise agreed to by the Union, to not more than (100) work days, within the same department or seniority group, during the consecutive twelve (12) month period beginning with the individuals date of hire, except that the employment of any such individual hired during the months of April or May shall not exceed 150 work days or October 31, whichever occurs first.  Temporary help is intended to be used for 1) a specific project, 2) the purpose of relieving employees who are absent due to sickness or injury, leave of absence, or vacation, or 3) augmenting the regular work force of employees to meet the requirements of the University that may be occasioned by termination, dismissal, increased workloads, or other conditions that may create short-term staffing shortages.

 

1-4      Contract Vendor Labor are employees of third party contractors utilized by the University to augment the regular and temporary workforce, and they are not subject to the work duration limitations stated in paragraph 1-3 above.

 

(See Memorandum of Understanding-1)

 

 

1-5      The term "full-time employee" shall mean an employee whose normal schedule of work is forty (40) hours per calendar week.

 

1-6      The term "part-time employee" shall mean an employee whose normal schedule of work is less than forty (40) hours per calendar week.

 

 

ARTICLE 2

 

MANAGEMENT RIGHTS

 

2-1      The University retains, solely and exclusively, all its inherent rights, functions,   duties, and responsibilities with the unqualified and unrestricted right to determine and make decisions on all terms and conditions of employment and the manner in which the operations of the University will be conducted except where those rights may be clearly, expressly, and specifically limited in this agreement.   It is expressly recognized, merely by way of illustration and not by way of limitation, that such rights, functions, duties, and responsibilities which are solely and exclusively the responsibility of the University include, but are not limited to: (1) full and exclusive control of the management of the University, the supervision of all operations, methods, processes, means, and personnel 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.

 

2-2      Nothing in this Article shall be construed to prevent a filing of a grievance in accordance with Article 42.

  


ARTICLE 3

 

SPECIAL CONFERENCES

 

3-1      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 can be made.  Safety, Apprenticeship Training, Insurance and other benefit plans will be appropriate subjects for Special Conferences. All such Special Conferences shall be arranged through a designated representative of the University Human Resource Office. Employees, not to exceed four (4), shall not suffer loss of time or pay when attending Special Conferences during their normal working hours. Conferences may be attended by officials of the Washtenaw County Skilled Building Trades Council, Inc.  At the request of either the University or the Union the other party will respond in writing to written matters of mutual interest presented by either party within fourteen (14) calendar days of the date of the Special Conference, unless both parties mutually agree to another time limit.

 

 

ARTICLE 4

 

NO-STRIKE GUARANTEE

 

4-1      Under no circumstances shall the Union, its officials, affiliates, or its members prohibit or restrict the right of any person to unlimited ingress and egress of University premises, nor shall any employee or employees cause or take part in any strike, work stoppage, sit down, slow down, curtailment of work, restriction of production, or any picketing or similar demonstration at any location on the University premises during the term of this agreement. This shall not be construed as limiting individual participation in an activity that is unrelated to the employment relationship.

 

4-2      In the event of any such action or interference and on notice from the University, the Union, without any delay, shall take whatever affirmative action is necessary and is within its authority and power to prevent and bring about the termination of such action or interference.  Such affirmative action shall include the immediate disavowal and refusal to recognize any such action or interference, and the Union immediately shall instruct any and all employees to cease their misconduct and inform them that their misconduct is a violation of the agreement subjecting them to disciplinary action, including discharge.

 

4-3      In addition, the Union shall, within twenty-four (24) hours of notice to the Union by the University of any such action or interference, deliver the following notice to the University:

 

         "To all employees of the University represented by The University of Michigan Skilled Trades Skilled Trades Union:

 

         "You are advised that the action against and interference with the operations of The University of Michigan which took place (date) is unauthorized by the Union and in violation of the collective bargaining Agreement.  You are directed to cease this action and interference immediately."

 

4-4      An authorized official of the Union shall sign the notice.

 

4-5      In the event that an employee or employees shall refuse to cease such action or interference, the University agrees that it will not file or prosecute any action for damages arising out of such action or interference against the Union, its officials, or representatives if the Union, its officials, and representatives perform their obligations as set forth in this Article.

 

4-6      Nothing herein shall preclude the University from seeking legal or other redress of any individual who has caused damage to or loss of University property or from taking disciplinary action, including discharge, against any employee.

 

4-7      In the event of any such action or interference, the University may suspend all benefits under this Agreement with respect to any employee taking part in the action or interference.


ARTICLE 5

 

NON-DISCRIMINATION

 

SECTION A

 

5-1      Neither the Union, its officials, its employees, its affiliates, nor its members shall discriminate against, intimidate, coerce, or interfere with any University employee, whether represented by the Union or not, with respect to the employee's work, or with respect to Union activities, or membership or the right to refrain from engaging in any Union activities or membership.

 

SECTION B

 

5-2      The University shall not discriminate against, restrain, intimidate, or coerce any employee with respect to or because of the employee's membership or lawful Union activity.

 

SECTION C

 

5-3      The University and the Union agree that there will be no discrimination in the application of this agreement because of race, sex, age, creed, color, or national origin, or any other factor prohibited by applicable federal and state laws.

 

5-4      Nothing in this agreement shall be construed to prevent the University from making reasonable accommodations to persons with disabilities as required by State and Federal laws.

 

5-5      Nothing in this Section shall be construed to prevent an employee alleging discrimination from exercising constitutional or statutory rights which may be available.

 

 

ARTICLE 6

 

UNION SECURITY

 

SECTION A

 

6-1      During the life of this Agreement and to the extent the laws of the State of Michigan permit, every employee, beginning with the month following (1) thirty (30) calendar days after the execution date of this agreement or (2) thirty (30) calendar days after employment in the bargaining unit, whichever date is the later, and monthly thereafter shall tender to the Union, as a condition of continued employment in the bargaining unit, either periodic and uniformly required dues or, in the alternative, a service charge in an amount equivalent to periodic and uniformly required dues.  Uniformly required dues or an equivalent service charge as used in this Article and in Article 7 shall mean that amount of uniform dues required by the affiliate of the Washtenaw County Skilled Building Trades Counsel for the classification in which the employee is classified.  

 

SECTION B

 

6-2      No employee shall be terminated under Section A of this Article unless:

 

      1. The Union first has notified the employee and the University with the following written letter:

 

         Date                    

 

         Dear                   :

 

         According to our records you are delinquent in not tendering either periodic and uniformly required dues or the service charge in an amount equivalent to periodic and uniformly required dues.  The current amount of such delinquency is  $_________                 for the  months of             , 20    .  Unless such dues or service charge is tendered within thirty (30) calendar days, you will be reported to the University for termination of your employment as provided in Article 6 of our collective bargaining Agreement.  A copy of this letter has been sent to The University of Michigan.

 

         Sincerely yours,

 

 

 

         Secretary/Treasurer/President

         University of Michigan Skilled

         Trades Union.

 

 


      2. 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 the employee has not complied with the request.  The Union must specify further, when requesting the University to terminate the employee, the following by written notice:

 

         "The Union certifies that           

      has failed to tender either the periodic and uniformly required 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

 

6-3      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.

 

SECTION D

 

6-4         The University will inform the President when any employee(s) represented by the Skilled Trades Union is scheduled for new employee orientation. During this new employee orientation the University will advise the new employee(s) of their obligation under Section A of this Article and that the employee's obligation under Section A is an express condition of employment. In addition, within five (5) working days after employment, the University shall provide the President, in writing, a confirmation of the University’s Section A discussion with the new employee, including the employee's name, address, and telephone number.  The President will also conduct a Union orientation with the new employee(s)for a reasonable period of time, within the new employee orientation schedule. Items such as the employee’s obligations under Section A of this Article, and the Voluntary Authorization for Deduction of Dues or Service Charge form (which will be furnished by the President), will be discussed. The form will be returned to the President at the completion of the Union orientation.

 

6-5     Upon completion of the Union orientation, the President shall return the Voluntary Authorization for Deduction of Dues or Service Charge form to the duly designated University office.

 

SECTION E

 

6-6      Notwithstanding the specific provisions of Article 6, Union Security, the University and the Union agree that if the amount of the service fee is formally challenged by an employee who is not a member of the Union, the Union shall have the sole burden of establishing the legal validity of the fee.  During the period of this formal challenge to determine the employee's pro rata share of the Union's cost of negotiating and administering the collective bargaining Agreement, the University shall not be obligated to terminate such employee's employment until the formal challenge has been resolved.

 

 

ARTICLE 7

 

DUES OR SERVICE CHARGE CHECKOFF

 

7-1      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 one month's current uniform and periodic dues or service charge from the pay of each employee who voluntarily executes and delivers to the University the following authorization form:

 

 

 


UNIVERSITY OF MICHIGAN SKILLED TRADES UNION

 VOLUNTARY AUTHORIZATION FOR DEDUCTION

OF DUES OR SERVICE CHARGE

 

 

      I,                                      ,                                       

                 (Print Name)

      (authorize/do not authorize) the University to deduct from wages earned or to be earned by me monthly dues     or service charge           (check one) as certified to the University by the financial officer of the Trades Board and to remit the same to the Trades Board at such time and in such manner as may be agreed upon between the University and the Trades Board.

 

      This authorization and direction shall be effective until revoked in writing by me on a form provided by the University or until the termination of the collective bargaining Agreement between the University and the Union which is in force at the time of delivery of this authorization, whichever occurs sooner; and I agree and direct that this authorization and direction shall be automatically renewed for the period of each  succeeding applicable  collective bargaining Agreement between the University and the Union until revoked in writing by me on a form provided by the University or until the termination of each applicable collective bargaining Agreement between the University and the Union,  whichever occurs sooner.  This authorization and direction shall be automatically revoked upon my termination of employment with the University.

 

 

          

                                   

      Home Address

                                   

      Home Phone Number

                                   

      Signature of Employee

                                   

      Date of Signing

                                   

      Date of Delivery to University

                                   

      Classification

                                        

      Monthly Dues

                                   

      Local Union

 

 

 

7-2      The following certification form shall be used by the Union when certifying membership dues or service charge:

 

CERTIFICATION OF FINANCIAL OFFICER

OF UNION

 

      I certify that the membership dues for:

                                             

     

      is $                     per               .

         Type or Print

      The service charge is:

      $                    per                .

 

      Date               

 

      Signature                               .

     

      Financial Secretary/Washtenaw County Skilled Building Trades Board

                    

      Date of Delivery to University                        

 

 

7-3      Payroll deductions shall be made only from the pay due employees on the last pay day of each calendar month; provided, however, the initial deduction for any employee shall not begin unless both (1) a properly executed "Voluntary Authorization for Deduction of Dues or Service Charge" and (2) the amount of the monthly membership dues or service charge certified by the financial 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 pay day of the calendar month. Changes in the amount of the monthly 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 pay day of the calendar month before the change will become effective.

 

7-4      An employee may revoke the employee's "Voluntary Authorization for Deduction of Dues or Service Charge" at any time by written notification to the University on a form provided by the University.  Payroll deductions shall terminate when a revocation has been delivered to the University at least thirty (30) calendar days prior to the last payday of the calendar month.

 

7-5      All sums deducted by the University shall be remitted to the financial 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.

 

7-6      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 8

 

BULLETIN BOARDS

 

8-1      The University shall provide the Union with space on bulletin boards at various University locations and one key for each glass enclosed lockable board.  The boards shall be of the quantity and located as set forth in Appendix C unless the parties mutually agree to a different number and/or a change in location.  The Union's exclusive space on these boards shall be for the purpose of posting Union notices and shall be sufficient for posting four (4) 8 1/2 by 11 inch notices.  Such notices may be posted during working hours and without loss of time or pay by the steward or alternative steward working at each of the following locations:  Medical Hospital, Flint Campus, Dearborn Campus, Housing, and North Campus Housing, and by the President at all locations.  In the event that the President does not function as such on a full-time basis as provided for elsewhere in this Agreement, the President may designate a representative who may post such notices at all locations during working hours and without loss of time or pay.  These notices shall be of that type:

 

      a. Recreational and social events of the

            Union;

      b. Union meetings;

      c.  Union elections, appointments;

      d. Results of Union elections.

 

8-2      In the event a dispute arises concerning the appropriateness of material posted, the Secretary of the Union and the President will be advised by the University Human Resource Office of the nature of the dispute, and the notices will be removed from the bulletin boards until the dispute is resolved.

 

 

ARTICLE  9

 

WORK SCHEDULES

 

SECTION A

 

9-1      A normal schedule of work for a full-time employee shall be eight (8) hours per day and forty (40) hours per week, excluding non-paid meal periods. Upon arrangements satisfactory to the University and the Union a normal schedule of work can consist of ten (10) hours per day and forty (40) hours per week.  This Section shall not be construed as and is not a guarantee of any hours of work per day or per week, but the normal schedule of work shall not be reduced in order to avoid a layoff unless agreed to in advance by the Union.  When an employee's normal schedule of work is changed, it shall be for not less than five (5) workdays, except as indicated in paragraph 9-2 below for intermittent flex scheduling.

 

9-2      An employee may request, in writing, to

      intermittently flex their work schedule to a full or partial schedule within the same calendar week. If approved by the employee’s supervisor the employee and their steward will receive a written confirmation of the approval no later than the end of the next regular work day. If approved, any daily overtime premiums in accordance with paragraphs 11-1 and 11-3 of Article 11, Overtime, shall be waived.

 

9-3      Meal periods shall be scheduled as to time and duration by the University. Meal periods of thirty (30) minutes or more shall be non-paid.  Paid meal periods shall not exceed twenty (20) minutes.

 

9-4      There normally will be a rest period which shall be taken at a time determined by the University.  Such rest period shall be with pay and shall under no circumstances exceed fifteen (15) minutes for each four (4) hours of work.  No employee shall leave the employee's work prior to the beginning of this fifteen (15) minute period and must resume work at the end of this period. The employee may leave his/her work site during the rest period, however, in no case shall any employee use a vehicle during the rest period or to get to a place other than the employee's work site for the rest period, nor shall the rest period exceed fifteen (15) minutes, and the University may prohibit the taking of such rest periods in specific locations of its facilities and grounds. The rest period is intended to be a recess from work 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 meal period, nor may it be regarded as cumulative if it is not taken.  It is understood that the Union does not condone any abuse of this Section and that an employee who violates any requirement of this Section shall be subject to disciplinary action.

 

(See Memorandum of Understanding-14) 

 

SECTION  B

 

9-5      All employees shall be at the place designated by their immediate supervisor, ready for work, at their starting time and shall remain at their work site and continue working until the end of their working period unless otherwise instructed or excused by their immediate supervisor, except that at the end of the work day employees normally will be permitted a period not to exceed ten (10) minutes to wash.

 

9-6      When an employee who normally works at job sites in the Ann Arbor area is required to work at a job site outside of the Ann Arbor area, the Plant Department Building, Hospital, Bendix Building or other maintenance service center on the Ann Arbor campus will be the designated place for starting and quitting, unless the employee lives closer to that job site than to these designated places or otherwise requests and is permitted to start or quit at that job site.

 

SECTION C

 

9-7      In the event that the normal schedule of work of an employee is changed to a shift, for which the employee would be eligible for Shift Premium as provided under Article 12, notice of the shift change shall be given to the employee as soon as practicable but, in any event, not less than fifteen (15) calendar days before the shift change is to be effective. In the event that a new shift is established, which did not previously exist within a seniority group, notice of the new shift change shall be given to the employee as soon as practicable but, in any event, not less than thirty (30) calendar days before the new shift change is to be effective.  For temporary shift changes of ten (10) workdays or less, as much notice as is practicable will be given. If the temporary shift change is for more than ten (10) workdays, notice shall be given to the employee as soon as practicable but, in any event not less than ten (10) calendar days before this temporary shift change is to be effective, unless both parties agree to a shorter notice. In making shift changes, the University will consider the classification seniority of an affected employee within the seniority group and the preference of the employee.  The employee with the least classification seniority within the seniority group shall be affected first, provided the employee to be assigned has the requisite skill, knowledge and ability to perform the work required.

 

SECTION D

 

9-8      An employee who wishes to change from one shift to another shift within his/her own classification and seniority group, shall submit a written request to his/her supervisor, identifying a specific position, starting times and work days requested.  After making position or shift transfers among employees within a seniority group and prior to posting a regular job opening, all requests for shift transfer from within the seniority group, which have been on file for at least thirty (30) calendar days at the time a regular job opening occurs, shall be considered by the University for that regular job opening.  If an employee has submitted more than one request for transfer, only the most recently dated request will be considered by the University.  In making such transfers, employees will be offered the shift in accordance with classification seniority, provided the employee to be assigned has the requisite skill, knowledge and ability to perform the work required, and in such a manner as will not adversely affect the operation of the University, except that a newly hired employee may be assigned to such a regular job opening or shift for the purpose of training and familiarization for a period not to exceed three (3) months.  The President will receive written notification where and how such an offer would adversely affect the operation of the University.

 

9-9      An employee may request a change from one shift to another shift within the same classification and seniority group by submitting a written request to his/her supervisor identifying a specific position, starting times and work days requested.  The University may grant such a request provided the change does not adversely affect the operations of the University and the employee has the skills and knowledge to perform the work competently.  In making such changes when no regular job opening exists, only an employee with less classification seniority than the employee requesting the change shall be displaced.  Notice of the change shall be given to the employee to be displaced as soon as practicable but in any event not less than fifteen (15) calendar days before the change is to be effective.  The displaced employee will be transferred to a shift and position within the same classification and seniority group for which the employee possesses the requisite skills, knowledge and ability.  The University need not accept or approve such requests for shift change if the requesting employee has had a shift change within the preceding six (6) month period.

 

 


ARTICLE 10

 

CLASSIFICATIONS AND WAGES

 

SECTION  A

 

WAGE SCHEDULE

 

10-1        Wages shall be paid in accordance with the wage schedules as set forth in Appendix A, on a biweekly basis every other Friday throughout the calendar year.

 

10-2    If there is a pay shortage in an employee’s check it will be corrected by payment in their next regular biweekly check.

 

10-3     If the pay shortage is $100 or more the employee may request in writing, through their supervisor, an off cycle payment by their choice of 1) a Monday direct deposit to their designated account consistent with Central Payroll cutoffs, or 2) an online check issued as soon as practicable and no later than four full business days after the request. It is, however, recognized between the parties that due to early payroll cutoffs over the Christmas/New Year Holidays the University may not be able to comply with the above pay shortage timelines. If this occurs the University will notify the President and seek their input on a notification to supervisors and employees of the delay, including the date by which the pay shortage is expected to be paid. 

 

SECTION  B

 

CLASSIFICATION DESCRIPTIONS

 

10-4     The University shall provide the Union and the President with a job classification description for each job classification title referenced in Appendices A and B.  In the event a new job classification is established or an existing classification is changed, the University shall provide a job classification description to the President and the Union not later than fifteen (15) calendar days prior to the effective date of such new or changed classification.  Upon request of the President, the President and a reasonable number of non-employee officials of the Union shall be afforded an opportunity to meet and discuss the new or changed classification with representatives of the University.

 

 

ARTICLE  11

 

OVERTIME

 

SECTION  A

 

OVERTIME PREMIUM

 

11-1     An overtime premium computed at one and one-half times the employee's hourly rate plus shift premium and/or lead person pay, if applicable, will be paid for time paid (1) in excess of eight (8) hours in a day or (2) in excess of forty (40) hours in a calendar week for which an overtime premium has not previously been earned.

 

11-2      Upon arrangements satisfactory to the University and the Union, a normal schedule of work can consist of ten (10) hours per day and forty (40) hours per week. In such a case, regardless of whatever else may be mutually agreed to, any employee or employees involved shall not be eligible for the daily overtime premium provided in paragraphs 11-1 and 11-3 until such time as the hour calculation exceeds ten (10) hours in a day.

 

11-3     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 23 (Disability Income), Article 25 (Christmas/New Year Season Days), Article 26 (Vacation Time Pay), Article 27 (Funeral Leave Pay), and Article 24 (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 28 (Jury and Witness Service) will be counted. The rates of pay for hours worked on Season Days are specifically addressed in Article 25, Section E, paragraph 25-5.

 

SECTION  B

 

PYRAMIDING

 

11-4     Overtime premium shall not be pyramided, compounded, or paid twice for the same time paid.

 


SECTION  C

 

SCHEDULING

 

11-5     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 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.  When practicable, the employee with the least classification seniority who is available within the unit of distribution will work overtime required and assigned.

 

11-6     Overtime work will not be assigned to “temporary help” or “contract vendor labor” until it has been offered to all employees in the same unit of distribution who are available to perform the work.

11-7     After four (4) hours of overtime work at the end of an employee’s regular 8 or 10 hour workday there shall be a paid meal period not to exceed twenty (20) minutes, provided that work resumes immediately following the meal period.

 

11-8     Whenever an apprentice works overtime, at least one (1) journeyperson in a similar Trade as the apprentice will also be assigned to work overtime.

 

SECTION D

 

DISTRIBUTION

 

11-9     Overtime within a unit of distribution (see Appendix D) shall be distributed as equitably as practicable among employees having the ability to do the work competently and efficiently and who are assigned to the same classifications within the unit of distribution.

 

 

11-10   It shall not be considered practicable (1) if an employee has performed the available work unsatisfactorily or inefficiently on a previous occasion or (2) to call in an employee to work rather than extend the shift of an employee already at work.  In addition, an employee who has provided the University with a written statement that the employee does not wish to work overtime need not be assigned or called in to work overtime.  Such a statement will be effective until withdrawn in writing by the employee.

 

11-12    As an exception to the overtime scheduling provisions of paragraphs

      11-5 through 11-10, and in recognition of promoting work assignment continuity, employees who have worked a minimum of four (4) hours on a particular work assignment, or if less than four (4) hours are working on an emergency repair assignment, may be assigned overtime on that work assignment rather than offering it to an employee with a lower number of overtime hours recorded, as referenced in paragraph 11-14 below. This work assignment continuity overtime distribution exception will be in accordance with the following provisions:

 

         The overtime spread, within a classification and unit of distribution, is the difference between the employee with the highest and lowest number of overtime hours recorded who is available and able to work.

 

         If the overtime spread is twenty(20) hours or less the University may assign up to two (2) employees per classification, already on that assignment, to work the continuity overtime.

 

         The overtime spread will need to be met for each such continuity overtime assignment.   

 

         The University will notify the steward as soon as practicable when overtime is worked under this paragraph.

 

     Units of distribution where the average overtime per employee by classification is less than forty (40) hours recorded in the previous contract year will not be eligible for continuity overtime assignments. Those units of distribution will be required to assign all scheduled overtime in accordance with paragraphs 11-5 through 11-10. (e.g.- the total number of employees in a given classification in a unit of distribution is 4; 4 employees x 40 hours = 160 hours; if the total recorded overtime hours for those 4 employees at the end of the contract year is less than 160 hours this classification of employees would not be eligible for continuity overtime as provided by this paragraph) The average overtime hours per employee by classification in the previous contract year will be posted by the University on the overtime record.

 

11-13    Any overtime assignment exceptions outside the provisions of paragraphs 11-5 through 11-12 must be approved by the appropriate trade steward(s), and this exception request process will not be abused by the University.

        

11-14    A record of the overtime worked for each calendar week shall be maintained for each unit of distribution and posted by the steward after the overtime is worked.  In general, the employee with the lowest number of overtime hours recorded will be offered overtime first.  Employees who work overtime or who do not work overtime when it has been offered or assigned to them, whether excused or not, will be charged the amount of overtime hours worked.  Any inequitable distribution will be rectified by offering the employee an overtime assignment of at least like duration of the overtime missed, and at a time agreeable to the employee. If there is not mutual agreement of the scheduling of this overtime assignment, the original inequitable distribution will be rectified in the future scheduling of overtime. If there is a dispute regarding the overtime distribution the President, or designated representative, may request a second step hearing which will be scheduled and heard within four (4) workdays of the request, or as otherwise mutually agreed. The University’s written answer to the grievance will be issued as soon as practicable, and no later than five (5) workdays. If the grievance is granted the overtime offer will be for an assignment occurring within fourteen (14) calendar days after the second step hearing. This overtime offer will occur even if there is no overtime otherwise scheduled within that fourteen (14) calendar day period.  Overtime assigned or offered and not worked, whether excused or not, shall be color-coded in red when posted.  Overtime worked shall be posted in a contrasting color.  Overtime worked pursuant to Article 15, Call Back Pay, shall not be posted on the overtime log and considered for the equitable distribution of overtime, but will be recorded separately and posted.

     

     

11-15    The steward will be granted a necessary and reasonable amount of time off from his/her assigned schedule of work without loss of time or pay to maintain and post the overtime record.  In the event that the overtime record is not accurate or up to date, the responsible supervisor may immediately confer with the steward who will correct the record as soon as reasonably practicable.

 

11-16    New employees, employees returning from a leave of absence, excluding a work related injury leave of absence, employees transferred into another classification in the same unit of distribution, employees withdrawing the written statement expressing the wish not to work overtime, and employees transferred into another unit of distribution or returning from layoff will be charged with the highest number of overtime hours then worked by an employee in the same classification in the unit of distribution.

 

11-17    An employee who is temporarily assigned to a different classification in their regular unit of distribution, or to another unit of distribution in their regular or different classification, will remain on their regular overtime log and will be included in overtime distribution on their regular overtime log.  It is recognized that employees may also be assigned overtime in their temporary assignment after the overtime has been offered to the regular employees in the applicable classification. If an employee works or is offered any overtime in a temporary assignment, those overtime hours worked or offered will be recorded on the employees’ regular overtime log.     

 

11-18    Units of distribution will be as established by the University, and the University shall provide the Union with a list which will identify each unit of distribution.  In the event that a new unit of distribution is established, the University will provide notice to the Union not later than thirty (30) calendar days prior to the effective date of such unit of distribution.  Upon request of the President, the University and the Union will meet to discuss the new unit of distribution.

 

11-19    An employee who is continuously absent from work or who is otherwise unable to work overtime for one (1) month or more, for whatever the reason, except as provided in paragraph 11-16, shall be charged for overtime in the same amount as the employee who was the next lowest on the overtime record at the time the employee’s absence or inability to work overtime began, except the employee shall not be charged for any overtime charged to that employee during the first month of the employee’s absence.

 

SECTION  E

 

COMPENSATORY OVERTIME

 

11-20    When an employee has worked overtime, such employee may request, and with the approval of their supervisor, be granted time off from work in an amount equal to the overtime hours worked times one and one-half provided the time off from work is scheduled and taken within the same pay period in which the overtime was worked. In that event, the overtime worked will be recorded and paid and the equivalent time off from work will be considered an excused absence without pay.

 

11-21    Time off from work under this Section shall not affect the accrual of vacation as provided in Article 26 (Vacations), nor shall a request for such time off be arbitrarily denied.

 

(See Memorandum of Understanding-2)

 

 

SECTION  F

 

DEFINITIONS

 

11-22    For the purposes of this Article and the computation of overtime premium, the following definitions shall apply:

 

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

 

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

 

 

ARTICLE  12

 

SHIFT PREMIUM

 

12-1     A shift premium of $.90 per hour worked shall be paid to any employee who starts work on or after 12 noon and before 8:00 p.m.

 

12-2     Effective 7/26/09 and subsequent years this shift premium will be a rate equal to 3% of the T6 pay rate, and  increases in this premium shall be as follows:

                                                           Effective 7/26/09 ($.96)  

 

         Effective 7/25/10 ($.99)

 

12-3     A shift premium of $1.05 per hour worked shall be paid to any employee who starts work on or after 8:00 p.m. and before
4:00 a.m.

 

12-4     Effective 7/26/09 and subsequent years this shift premium will be a rate equal to 3.5% of the T6 pay rate, and increases in this premium shall occur as follows:

 

           Effective 7/26/09 ($1.12)

 

         Effective 7/25/10 ($1.16)

 

12-5     An employee who works beyond the employee's scheduled hours shall continue to receive the shift premium, if any, determined by the employee's starting time, except if the employee works a full eight (8) hour shift, the employee shall be paid the shift premium for that shift or the shift premium for the employee's first eight (8) hours, whichever premium is greater.

 

 

ARTICLE  13

 

RATES OF PAY ON TRANSFER

 

13-1        When an employee is promoted, the employee's hourly rate shall be the top step for the classification.

 

13-2     When an employee is transferred from one classification to another classification in the same pay grade, the employee's hourly rate shall remain the same. If the employee is not at the top of rate progression, the employee will continue to progress as if the employee had not been transferred.

 

13-3     When an employee is transferred to a classification in a lower pay grade, the employee's hourly rate shall be the top step of the lower pay grade.

 

13-4    When an employee is transferred on a temporary basis to a classification in a higher pay grade for four (4) or more hours in an eight (8) hour shift, the employee's hourly rate during the period of the employee's transfer shall be the top step for that classification.

 

13-5     When an employee is transferred on a temporary basis to a classification in a lower pay grade, the employee's hourly rate shall be maintained.

 

 

ARTICLE  14

 

ON CALL PAY

 

14-1     Each employee specifically assigned as in "on call" status shall be paid twenty percent (20%) of the hourly rate for their classification for hours spent in that status.  Employees, when assigned 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, within no longer than approximately one hour.  Upon return to work, such employees are not eligible for call back pay as provided in Article 15, nor for on call pay while at work, but shall be paid their regular hourly rate plus shift premium if applicable, or the overtime premium as set forth in Section A of Article 11, if applicable, for actual work performed. A minimum of two hours pay at the employee’s applicable overtime rate will be paid for all return to campus on-call responses. Time spent in on call status shall not be counted in calculating time worked for determining when an overtime premium shall be paid.

 

 

14-2     When on call assignments are determined necessary by the University, such assignments will, in general, be staffed on a voluntary basis among qualified employees by classification within seniority groups as defined in Article 16.  If, however, the University determines the number of volunteers is not operationally acceptable, the voluntary schedule may be revised by the University and the remaining on call assignments will be mandatory for all qualified employees, including already scheduled and approved volunteers, within the classification and seniority group.  If mandatory scheduling is necessary, the remaining unfilled assignments on the schedule will be filled chronologically by assigning the qualified employee with the lowest classification seniority first, and so on, until all on call assignments are filled.  Subsequent mandatory on call assignments will be rotated through the classification seniority list until all qualified employees have served an on call assignment.  The University will provide forty-eight hours advance notice of all on call assignments, unless operational circumstances do not permit such advance notice.  The respective steward is responsible for scheduling all on call assignments.  The University may exclude some employees from on call status based on various operational considerations such as but not limited to familiarity with on call area, response time from home back to the University, discipline and work performance record.  Regular ongoing on call assignments will generally be one week in duration, with specific beginning and end times to be determined by the University within each respective on call area.  However, other duration assignments may be scheduled by the University considering operational requirements in specific on call areas for regular ongoing, or sporadic on call assignments.  The time period for on call assignment schedules will be determined by the University at whatever time frequency is most operationally efficient within each respective on call area.  Coverage for on call assignments is the responsibility of each employee.  However, with advance notice to and approval by supervision, trading of on call assignment times is permitted among employees as long as required coverage is provided.  Time spent in on call status and time actually worked when reporting to work pursuant to on call assignments will not be entered on any overtime logs.  In addition, when employees are in on call status they are exempt from working overtime, except when it may be a critical operational need, or as otherwise approved by supervision.  No on call employees will be charged for any overtime worked by other employees during periods of their on call assignment.

     

14-3    The provisions of this Article shall not be construed as relieving any employee not designated as in an on call status of their obligation when required by the University to return to work pursuant to the provisions of Article 15, Call Back Pay.  Furthermore, it is mutually agreed that, except for extraordinary circumstances beyond the control of the employee, the failure of any employee to return to work when so required is serious misconduct subject to disciplinary action.

 

 

ARTICLE  15

 

CALL BACK PAY

 

15-1     Whenever an employee is called back to work pursuant to this Article the employee shall receive the overtime premium as set forth in Section A of Article 11 for the time worked or a minimum of four (4) hours pay at the employee's hourly rate and shift 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 into their shift, provided the University permits the employee to work the employee's scheduled hours of work for that day.  To the extent that an employee is paid the overtime premium pursuant to this Article, the employee shall not be paid an overtime premium under Section A of Article 11 for the same time worked.

 

15-2     All overtime worked or paid as a result of the application of this Article shall be recorded separate from the overtime record and posted as set forth in Section D, reference paragraph 11-14, of Article 11.

 


ARTICLE  16

 

SENIORITY DEFINITIONS AND LOSS OF SENIORITY

 

SECTION  A

 

DEFINITIONS

 

16-1     For the purpose of this Agreement the following definitions shall apply:

 

      1. University seniority means length of continuous service with the University beginning with the latest date of hiring with the University and shall include periods of service outside the bargaining unit.

 

      2. Classification seniority means length of continuous service in a classification beginning with the latest date of hiring or transfer into the classification, provided, however, when an employee remains in the employee's classification but is transferred to another seniority group as a result of the application of Article 21, as distinguished from a reallocation of the work force, the employee's classification seniority for purposes of further application of the Layoff Procedure shall date from the employee's transfer into the new seniority group.

 

      3. "Length of continuous service" means uninterrupted employment but includes lay-offs and other periods of absence authorized by and consistent with this Agreement except as limited by Section B of this Article.

 

      4. "Seniority group" means that grouping of employees assigned to work at the following locations:

 

         a. Plant Department, Ann Arbor

 

         b. University Hospital, Ann Arbor

 

         c. University Housing, Ann Arbor

 

         d. Flint Campus

 

         e. Dearborn Campus

 

         f. Each other location

 

16-2      Each of these locations shall be a

     separate seniority group.

 

(See Memorandum of Understanding-11)

 

16-3     An employee who is, or was in the past, promoted or transferred to any position with the University outside of the bargaining unit shall retain the classification seniority the employee had when the employee left the unit as long as the employee remains in the employment of the University.  In the event such an employee is returned to the unit, the employee's placement in a classification in the unit shall be determined by the amount of classification seniority the employee had when the employee left the unit; provided, however, for the purposes of the Layoff Procedure set forth in Section A of Article 21, the employee who is returned to the unit shall have no classification seniority for the first three (3) months following return to the unit.

 

16-4     An employee whose employment is terminated subsequent to and as a result of layoff, in accordance with Section B of this Article, and who is subsequently rehired by the University within thirty-six (36) months from the date of termination, upon the employee's request, may have his university seniority restored (excluding the period of time between termination and rehire) upon completion of two (2) consecutive years of employment, provided the employee had a minimum of one (1) year of continuous service prior to layoff.  In the event that the employee is rehired in the same classification and seniority group in which she/he was employed immediately preceding termination, classification seniority shall also be restored (excluding the period of time between termination and rehire).

 

16-5     If an employee with one year or more of University seniority quits or resigns and is subsequently rehired by the University within twelve (12) months following the termination of her/his previous employment, the employee may, upon her/his request, have her/his University seniority restored (excluding time on leave of absence), upon completion of three (3) consecutive years of employment.  In the event the employee is rehired in the same classification and seniority group in which she/he was employed immediately preceding termination, classification seniority shall also be restored (excluding time on leave of absence).

 

16-6     The University shall take into consideration the seniority of an employee in selecting a supervisor, but no employee must accept a supervisory position with the University.

 

SECTION  B

 

LOSS OF SENIORITY

 

16-7     An employee shall lose his/her status as an employee and his/her seniority if:

 

      1. The employee resigns or quits;

 

      2. The employee is discharged or terminated (unless reversed through the grievance or arbitration procedures);

 

      3. The employee retires;

 

      4. The employee does not return to work from layoff within five (5) calendar days after being notified to return by certified or registered mail or by telegram addressed to the employee at the employee's last address filed with the University Human Resource Office. In Employee who changes address must notify the University of the change.  The University will give the employee a receipt for this notice;

 

      5. The employee has been on layoff for a period of time equal to the employee's classification seniority at the time of the employee's layoff or two (2) years, whichever is lesser; or

 

      6. The employee is absent from work, including the failure to return to work at the expiration of a leave of absence, vacation, or disciplinary lay-off, for three (3) consecutive working days without notifying the University, except when the failure to notify and work is due to circumstances beyond the control of the employee.

 

16-8    The 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 only by 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 seventy-two (72) hours after facts have occurred giving rise to the employee's grievance.

 

 

 

ARTICLE 17

 

SENIORITY LIST

 

17-1     The University shall prepare and maintain seniority lists by seniority group which shall show the names, classification title, and the university and classification seniority dates of all non-probationary employees.  The Union, President and stewards shall each be given one (1) copy of the list and notice of changes within five (5) working days of knowledge of the changes by the Human Resource Office.  The lists and any changes thereafter shall be deemed correct as to an employee's seniority dates unless the employee or the Union notifies the University to the contrary in writing.  The University may rely on the date it deems correct until such time as the question is resolved.  The seniority lists and changes thereafter shall be posted by seniority group location.

 

 

ARTICLE 18

 

EMPLOYEE ADDRESS AND SENIORITY LISTS

 

SECTION A

 

EMPLOYEE LISTS

 

18-1     The University shall prepare and maintain a list which shall show the names, alphabetically, and the classification title, department, pay grade and seniority date of all employees.  The Union shall be given two (2) copies within sixty (60) calendar days after the date of this agreement, and thereafter a current list monthly.

 

18-2     A departmental classification seniority list shall be maintained by each department.  This list shall be available for inspection by the employee, his or her steward or the President.

 

18-3     These lists shall be deemed correct as to an employee's seniority date unless the employee or the President notifies the University to the contrary, in writing, after the list is given to the Union.

 

SECTION B

 

ADDRESS LISTS

 

18-4     Monthly the University shall give to the Union two (2) copies of a list of employees, together with their most current addresses and telephone numbers as they appear on the records of the University. 

 

18-5     The Union 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 LEAVE OF ABSENCE LISTS

 

18-6     The University, every three (3) months, shall give to the Union one copy of each of the following:

 

      1. A list of employees hired during the previous three (3) calendar months.

 

      2. A list of employees terminated, for whatever the reason, during the previous three (3) calendar months.

 

      3. A list of employees on a leave of absence of any type.

 

      4. A list of employees who are on the active payroll lists, but not having union dues or service fees deducted for the previous three (3) calendar months.

 

18-7     In addition to names, these listings

      shall include the same information provided on the seniority list.

 

SECTION D

 

18-8     The University, monthly, shall give to the Union one copy of a list of "temporary help" performing the same work as employees in this bargaining unit.  The list shall also include the job classification, identification of the employing department and number of hours worked in each bi-weekly period for each such person.  The list shall include current available information for the six (6) most recent consecutive pay periods.

 

 

ARTICLE 19

 

PROBATIONARY EMPLOYEES

 

19-1     An employee is a "probationary employee" for the employee's first six months of employment. (e.g. date of hire 1/5/xx through and including 7/4/xx- first day off probation would be 7/5/xx)  An individual who was hired for "temporary help" and who becomes an employee in the same department in which the employee was performing substantially the same work as temporary help for any continuous period immediately preceding the date the employee became an employee will have that continuous period counted towards completion of the employee's probationary period.

 

19-2     No matter concerning the discipline, lay-off, or termination of a probationary employee shall be subject to the grievance and arbitration procedures.  At the request of the Union however, the University, through a designated representative, shall meet and discuss the termination of the probationary employee with an official of the Union and the President, provided the request is made within five (5) calendar days following the termination.

 

19-3     A probationary employee shall have no seniority, except university seniority, until the employee has completed his/her probationary period.  Upon the completion of the employee's probationary period, the employee shall acquire classification seniority and be entered on the employee's seniority list with the classification seniority date as provided in paragraph   16-1.  An employee who has a continuous period of temporary employment counted towards completion of the employee's probationary period will acquire seniority from the date the employee began his/her continuous period of temporary employment.

 

 


ARTICLE 20

 

INTERNAL POSITION CHANGE AND

EXTERNAL JOB POSTING PROCEDURE

 

20-1     A regular job opening occurs when a new position is established and to be filled or when a position held by a full time employee is vacated and that employee is to be replaced by an internal position change or external job posting.

 

SECTION  A

 

INTERNAL POSITION CHANGES

 

20-2     When a regular job opening exists within an overtime unit of distribution as listed in Appendix D and prior to external posting, written notification of the job opening will be posted for fourteen (14) calendar days at various bulletin board locations throughout the respective seniority group where the job opening exists. Employees within the units of distribution in the respective seniority group may request a change from one position to another in the same classification in another unit of distribution within the same seniority group.  The employee’s request will be written on a form, provided by the University, submitted to the department head (or equivalent level of supervision), identifying the specific job opening and its location.  Such internal position changes to a regular job opening will be offered to an employee who has the qualifications as set forth in paragraph 20-10, provided such an internal position change does not adversely affect the operation of the University.  In the event two (2) or more employees request the same internal position change, the provisions of paragraphs 20-6 and 20-9 shall be applicable to the selection process.

 

SECTION B

 

EXTERNAL JOB POSTING

 

20-3       If a regular job opening is not filled by an internal position change or in another manner consistent with the terms of this Agreement, the regular job opening will be posted externally online, and shall also be posted at all Bulletin Board locations set forth in Appendix C of this Agreement through the end date listed on the external posting.  If a regular job opening is not filled within ninety (90) days after it was posted externally, as provided for above, internal position change written notification will be required again as set forth in paragraph  20-2 above, before the external posting can be filled. 

 

20-4    Non-probationary employees, excluding apprentices, may apply for an external posting to a regular job opening in another seniority group by submitting an online bid.

 

20-5     Employees assigned to job classifications in pay grades T1-T6 may apply for apprentice openings for job classifications assigned to pay grades    T6-T9 and will be afforded an opportunity to be interviewed, consistent with the University's selection procedure for apprentices, including but not limited to successful completion of applicable apprenticeship aptitude testing.

 

20-6     Employees who apply for a regular job opening, excluding job openings for apprentices, will be afforded an opportunity to be interviewed.  However, the University need not interview more than five (5) employees for any individual regular job opening.  Only employee(s) who possess the minimum qualifications as described by the classification job description, and indicate their qualifications when they apply online will be interviewed.

 

20-7     When a regular job opening is filled, the most qualified person shall be selected.  In the event that an employee who has bid on a regular job opening possesses qualifications equal to those of other applicants, such employee shall be given preference over the other applicants, provided the selection of the employee does not adversely affect operations of the University.

 


SECTION C

 

GENERAL PROVISIONS

 

 20-8     The internal position change and external job postings shall consist of, but not be limited to, the job classification title, pay grade, department, shift, and necessary qualifications for the position.

 

 

20-9      In the event that two (2) or more employees who are equally qualified request the same internal position change or bid on the same regular job opening, the employee with the most classification seniority shall be given preference, provided the selection of the employee or internal position change does not adversely affect operations of the University.

 

20-10     For the purpose of internal position changes or external job postings, qualifications shall be determined solely on the ability of each person to perform the work required competently.  Ability to perform the work required may include, by way of example, but not limitation, such considerations as training and communication skills, system or craft specialty knowledge, attendance, willingness to work overtime or written or lost time disciplinary action which occurred within the preceding two (2) year period.

 

20-11       A new hire or an employee who has had an internal position change or has been selected for an external job posting need not be considered by the University for a subsequent internal position change or external job posting during the 12 month period following the internal position change or external job posting selection.

 

20-12       After a person has been selected for an internal position change or external job posting, the University will provide the President with the name of any employee in the same classification who has applied for an internal position change or external job posting to the regular job opening.  In the event that an employee is not selected for a regular job opening, and at the request of the employee or the President, the University will provide the determinant reasons why the employee was not selected.

 

20-13       Under the provisions of this Article, an employee who is selected for a regular job opening in another job classification will be given a reasonable period, but not to exceed 60 days; 30 days if selected for a regular job opening within the same classification, to demonstrate in actual work performance whether the employee has the ability to competently perform the work.  If the employee does not have the ability to competently perform the work, the employee shall be returned to the job classification from which they left.  In addition, within thirty (30) days of the selection to a regular job opening, the employee may, upon request, return to the job classification or position from which the employee left, except when an employee is moved on a temporary basis or was selected for a classification in a lower pay grade.  An employee affected by such a return shall be placed in a regular job opening, if any, or placed or laid off in accordance with the provisions of Article 21, Section A.

 

20-14       A grievance concerning compliance with this Article shall begin at Step Two of the Grievance Procedure provided the grievance is submitted in writing within fifteen (15) calendar days following the day on which the employee had knowledge of the facts giving rise to the grievance; except when classification seniority is the determining selection factor, the selection cannot be grieved by an employee having less classification seniority than the employee selected.

 

 

ARTICLE 21

 

LAYOFF AND RECALL PROCEDURES

 

SECTION  A

 

LAYOFF PROCEDURE

 

21-1      When an employee is to be laid off, the following procedures shall apply:

 

      1. Layoff shall be by and from each classification within each seniority group; except for purposes of this Article Painter and Painter Incumbent will be considered as one classification as will Roofer and Roofer Incumbent.

 

         

      2.  Temporary help and contract vendor labor, in whatever sequence the University finds least disruptive to operations, and then probationary employees in an affected classification within a seniority group shall be laid off first

 

      3.  Then an employee with the least apprentice classification seniority for the affected classification shall be laid off.  This subparagraph shall apply to the next lowest senior apprentice, providing there is one, after no more than two (2) journeyperson employees in an affected classification have been laid off as a result of application of subparagraph 4 below.  Nothing in this step of the procedure is intended to preclude the University from laying off all apprentices in the affected classification before applying subparagraph 4 below, nor shall it result in having a ratio of less than two (2) journeyperson to one (1) apprentice in the affected classification;

 

      4.  Then the employee with the least classification seniority in an affected classification within the employee's seniority group shall be laid off, provided that the employee's remaining in the classification have the ability to perform competently the work available.

     

      5. For the purposes of this Article and Article 22, In the event that there are two or more employees with the same classification seniority date, the employee with the most bargaining unit seniority will have the higher seniority.  If the bargaining unit seniority is also equal, then the employee with the most University seniority will have the higher seniority.  If the University seniority is also equal, then the last four (4) digits of the employee’s social security number will be considered and the employee with the higher last four digits of their social security number will have the higher seniority.

 

      6.  The University may transfer an employee who is laid off or is to be laid off to another classification in the employee's seniority group or to any classification in another seniority group, but the employee shall have the option of electing the layoff rather than the transfer.

 

      7. In the event an employee is laid off because of a temporary discontinuance of operations, or any portion thereof, caused by conditions beyond the control of, and not immediately correctable by the University, temporary adjustments in the work force can be made without prior notice and without application of the regular Layoff and Recall Procedures.  A layoff resulting from such temporary adjustments to the workforce shall not exceed fifteen (15) calendar days.

 

      8. In the event an employee is laid off because of a temporary workload, staffing, or other condition, the employee shall be given at least seven (7) calendar days notice of a temporary layoff. A temporary layoff shall not exceed sixty (60) calendar days and shall be in accordance with the layoff and recall procedures set forth in paragraphs 21-1 (1-6), 21-2 and 21-3. University contributions for Group Life, Health, Dental and Long Term Disability Insurances will continue for the duration of the temporary layoff, up to sixty (60) days, and the employee must make their own benefits contributions for them to be continued during their temporary layoff. At the employee’s request, they can receive a one time pay in lieu of accrued vacation for all or part of their vacation accrual, to be paid at the first scheduled pay day after the effective date of their layoff. In the event a temporary layoff becomes a regular layoff the required minimum thirty (30) calendar day notice will be given in accordance with paragraph 21-1 (9).

 

      9. In the event of a regular layoff, an employee who is to be laid off shall be given written notice of layoff as soon as practicable but not less than thirty (30) calendar days prior to layoff. Regular layoffs shall be in accordance with the layoff and recall procedures set forth in paragraphs 21-1 (1-6), 21-2  and 21-3. An employee subject to regular layoff shall be paid for any wages due, and pay in lieu of accrued vacation, at the first scheduled pay day after the effective date of their layoff.

 

     10. Every effort will be made by the University and Union to mitigate or avoid a temporary or regular layoff, including voluntary layoffs and effort reductions, or other alternatives. 

 

(See Memorandum of Understanding – 1)

 

SECTION  B

 

RECALL PROCEDURE

 

21-2      The reverse application of the layoff procedure shall be used when a seniority employee is to be recalled to work from a temporary or regular layoff or there is to be a return to a classification or seniority group from which the employee was transferred, conditioned upon the employee’s ability to perform the work competently.  An employee with seniority who has been laid off will be recalled to any posted opening within his classification regardless of department or seniority group, conditioned upon the employee’s ability to perform the work, in accordance with the requirements set forth in Article 20, Section D., reference paragraph 20-10.  In addition, an employee who has been recalled to such a posted opening in a different seniority group will serve a trial period, not to exceed ninety (90) calendar days, within which to demonstrate satisfactory attendance and performance.  During this trial period, if the employee’s performance or attendance are not satisfactory, the employee will be returned to layoff status in their original seniority group, and such action shall not be subject to the grievance and arbitration procedures set forth in Article 42 and Article 43.

 

SECTION  C

 

SENIORITY PREFERENCE

 

21-3     For the purpose of this Article, the President, Vice President, stewards, and alternate stewards shall have seniority preference over all the employees in their classification in their area of representation, conditioned upon ability to perform competently the work available.

 

 

SECTION  D

 

LIABILITY

 

21-4     A grievance involving compliance with this Article shall begin at Step Two of the Grievance Procedure, provided it is submitted in writing at Step Two of the Grievance Procedure within seven (7) calendar days after facts have occurred giving rise to the grievance.

 

21-5     Liability of the University for failure to apply correctly any provision of this Article, except for a layoff because of a temporary adjustment of the work force as provided for in Section A., shall commence not earlier than the date of submitting the written grievance alleging such violation at Step Two of the Grievance Procedure.  The University shall send notices of layoff or recall to the Union, President, and the steward representing the employee involved at least five (5) working days prior to the effective date of the layoff or recall.

 

 

ARTICLE 22

 

OTHER TRANSFERS

 

22-1     When the work force is reallocated among seniority groups, as distinguished from a transfer to another seniority group as a result of the application of Article 21, the employee with the least classification seniority shall be transferred, conditioned upon the employee's ability to perform the work competently.

 

 

ARTICLE 23

 

SICK TIME

 

SECTION  A

 

ELIGIBILITY

 

23-1     An employee shall be eligible to receive sick time in accordance with the provisions of this Article when the employee is unable to work because of personal illness or injury, family care time and scheduled medical and dental appointments, and providing the employee meets the requirements of Section F, except no sick time shall be payable for any disability which results or occurs as follows:

 

      1. Intentionally self-inflicted;

 

      2. Participating in any criminal act;

 

      3. Participating in a riot or civil commotion;

 

      4. Working for an employer other than the University;

 

      5. During a layoff, leave of absence, or disciplinary layoff;

 

      6. Following a termination date that was determined prior to the occurrence of the disability; or

 

      7. During a vacation, except when hospitalized or equivalent confinement at home, which is directed by the employee’s physician or, in the case of a disabling mental illness, by a physician who has completed an accredited residency program in psychiatry or licensed psychologist who possesses a doctoral degree.  Evidence of such hospitalization or directed confinement may be required by the University for an employee to be eligible to receive sick time.

 

Section B

 

Short-term Sick Time

 

23-2     Short-term sick time is available to employees for scheduled and unscheduled absences due to personal illness or injury, family care time, and scheduled medical and dental appointments.

 

23-3     All current full time employees as of July 31, 2008, will receive 100 hours of short-term sick time on September 1, 2008.

 

23-4     Beginning August 1, 2009, and each August 1st thereafter, 72 hours of short-term sick time will be added to a full-time employee’s accrual balance. To be eligible for this yearly accrual, the employee must be on paid status on August 1st.  If the employee is not on paid status, the accrual will be provided on a prorated basis when the employee returns to paid status.  The accrual will be prorated consistent with the practice for new hires and transfers as described below. 

 

23-5     New hires or University employees transferring into the Bargaining Unit after July 31, 2008 will receive a prorated amount of short-term sick time.  This prorated amount is six (6) hours per month multiplied by the number of months remaining in the contract year.  The month of hire or transfer is considered a full month for purposes of determining the prorated amount of short-term sick time (For example, an employee hired or transferred into the bargaining unit on any date in October, will receive sixty (60) hours of short-term sick time, six (6) hours times ten months).

 

23-6     At the request of an employee, an absence normally covered by short-term sick time will be charged against the employee’s accrued vacation time after the employee’s short-term sick time accrual has been exhausted.

 

23-7     Beginning in the October, 2009 benefits open enrollment period, and during subsequent benefit open enrollment periods, an employee may submit a written request to sell back short-term sick time.  A minimum accrual balance of forty (40) hours of short-term sick time must be maintained in the employee’s accrual balance after the sell back, which will be available for future use.  The written request must contain the following information:

 

      1. Employee’s name

      2. Employee’s UMID

      3. The number of hours to be maintained in the employee’s accrual balance

      4. The employee’s signature

 

      Once submitted, a written request may not be rescinded. 

 

23-8     If an employee has more than 120 hours of short-term sick time in their accrual balance as of the beginning of the second pay period in January each year, all hours in excess of that 120 hours will be sold back to the employee.

 

23-9     All short term sick time sell back payments will be made in the last paycheck in January.

 

23-10    Upon retirement, any unused short-term sick-time will be paid to the employee.

 

Scheduled Medical and Dental Care Appointments

 

23-11    An employee may be granted short-term sick time for scheduled medical and dental care appointments, including post-operative examinations and care.  In order to be considered for short-term sick time, the employee must give his or her supervisor written notice at least five (5) calendar days prior to the appointment. 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 that prevents giving the required notice, as much notice as possible based on the circumstances is required. 

 

Family Care Time

 

23-12    Employees may use short-term sick time to care for family members who are incapacitated, ill or injured.  The definition of "family member" is as follows:

 

      A. Spouse:  Husband or wife as recognized by the State of Michigan.

 

      B. Domestic partner with whom the employee shares living accommodations and expenses.

 

      C. Child, sibling, parent, or grandparent of the employee, the employee’s spouse or the employee’s domestic partner.

 

      D. Other related individual whose care is the responsibility of the employee, spouse, or domestic partner.

 


Section C

 

Extended Sick Time

 

23-13    An employee with two or more years of University service and a fifty percent or greater appointment is eligible for extended sick time for the employee’s own illness or injury as outlined in the following schedule.  The two years of University service must be attained as of the last day worked.  If an employee is absent for a reason recognized by this Article at the employee's two-year anniversary, the employee will not be eligible for extended sick time until the employee returns to work.

 

                                                  Maximum Hours of

    University Seniority      Extended Sick Time

 

Two through three years              288

 

Over three through                   384

four years

 

Over four through               480

five years

 

Over five through               576

six years

 

Over six through                672

seven years

 

Over seven through                   768

eight years

 

Over eight through                   864

nine years

 

Over nine years                 960

 

 


23-14    Extended sick time and short-term sick time are used as follows for a continuous absence for the employee’s own illness or injury:

 

 

Number of continuous

sick time hours
used due to personal illness or injury
 

 

 

 

Sick time used

 

0–40 Hours

 

Short-term sick

 

More than 40–80 Hours

 

Short-term sick 0–40

Extended sick more than 40-80

 

80 or more Hours

 

Extended sick from the first day of the absence

 

Absence that qualifies

for Workers’ Compensation regardless of the

duration of the absence

 

Extended sick

 

 

23-15   To be eligible for extended sick time the employee must provide the University with acceptable medical documentation signed by the employee’s treating physician certifying that the employee was unable to work all days of the absence.

 

23-16    Employees with less than two years of University service as of July 31, 2008, and with at least a fifty percent appointment are eligible for extended sick time on the following schedule:

 

 

                          Maximum Hours of

University Seniority      Extended Sick time

 

First Year                          96

 

Over one and less                        192

than two years

 

 


23-17    Once an employee covered by this paragraph reaches two years of University seniority, he or she will have eligibility for extended sick time as outlined above in this Section.

 

23-18    The number of extended sick time hours payable to an eligible employee shall be based upon time lost from work, but in no case shall the number of hours payable exceed the maximum number of extended sick time hours set forth above in this Section based upon the employee’s University seniority at the time the employee’s disability occurs, minus the number of hours paid in the immediately preceding twelve (12) consecutive month period.

 

23-19    The University will manage extended sick time absences, and employees must cooperate and comply with all required policies and procedures, including providing suitable physician statements as required.

 

23-20    Employees must exhaust all extended and short term sick time prior to receiving Worker’s Compensation payments.

 

Section D

 

Part-Time Employee

 

23-21    A part-time employee normally scheduled to work twenty (20) or more hours per calendar week shall be eligible for sick time providing the employee meets the eligibility requirements of Sections A through C of this Article, but the number of hours of sick time payable as provided in Sections B and C shall be on a basis dependent on the employee’s normal schedule of hours which shall be directly proportionate to the maximum hours of sick time for which a full-time employee is eligible.  An employee normally scheduled to work less than twenty (20) hours per calendar week shall not be eligible for sick time.

 

 


Section E

 

Determination of Sick Time Pay

 

23-22    Except as otherwise limited by this Article, the amount of sick time payable to an eligible employee shall be determined by multiplying the number of hours, not to exceed eight (8) in a calendar day, or ten (10) hours if normally assigned to a ten (10) hour day, or forty (40) in a calendar week, of time lost from work because of the disability times the employee's hourly rate at the time the disability occurs, plus shift premium, if applicable.

 

Section F

 

Notice and Proof of Disability

 

23-23    No sick time shall be payable to an employee unless the employee's department head is notified of the nature of the disability and the probable duration thereof as soon as possible but in no event later than the beginning of the employee's shift, except when the failure to notify is due to circumstances beyond the control of the employee.

 

23-24    At the University’s request, an employee returning to work shall be required to certify on a Notice and Proof of Disability form provided by the University the following:

 

      1. The nature of the disability which prevented the employee 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 disability;

 

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

 

Section G

 

Abuse

 

23-25    It is understood that the parties do not condone any abuse of this Article.  Where there is cause to suspect an employee’s absence is for reasons that are not legitimate, corrective action may be initiated including requiring a doctor’s note, sick time counseling and/or disciplinary action.

 

Section H

 

Physicians Statements/General Conditions

 

23-26    Following an absence due to personal illness or injury and prior to return to active employment, the University may require a statement from the employee's physician releasing the employee to return to work.

 

23-27    If the University, at its option, decides to have an employee who is claiming sick time examined by a physician or physicians of its choosing, that examination will be without cost to the employee.

 

23-28    Following written notice to an employee and the Union, and after discussion with the Union, the employee, and the President, statements from certain physicians will not be considered as evidence of disability under any provision of this Article.

 

23-29    In the case of an absence due to a disabling mental illness, evidence of disability will be accepted only from a physician who has completed an accredited residency program in psychiatry or a licensed psychologist who possesses a doctoral degree.

 

23-30    Employees with chronic health conditions who experience short-term, recurring disability absences will be provided flexible work scheduling opportunities as operationally possible and approved by supervision to reduce their use of short-term sick time. Overtime pay shall not be incurred on flexible scheduling on greater than eight hours worked in a twenty-four hour period. See paragraph 9-2 for other flexible work scheduling opportunities.

 

23-31    Arbitrary failure or refusal to follow accepted medical practice in treating a disability shall be reason for discontinuing or withholding short-term or extended sick time.

 

 


Section I

 

Attendance Incentive

 

23-32    An employee who uses twelve (12) hours or less of sick time in the six (6) month periods of March 1 – August 31, or September 1 – February 28 or 29, may sell back up to twenty (20) hours of future vacation time accrual for each six (6) month period, providing they have a minimum of forty (40) hours of vacation in their accrual as of August 31 or February 28 or 29. If the employee wants to exercise this vacation sell back eligibility, they must submit a written request to their department, on a form provided by the University, by September 15th or March 15th respectively for the two above mentioned six (6) month periods. The form will include the following:

 

      1. Employee’s name

 

      2. Employee’s University Identification Number, job title and department

 

      3. Number of future accrual vacation hours the employee wishes to sell back

 

      4. The employee’s vacation accrual as of February 28 or 29 or August 31

 

      5. The employee’s signature

 

      6. Supervisor’s signature approving request

 

      Once submitted a written request may not be rescinded.

 

23-33    Payment for the future accrual vacation time sold back will be made in the employee’s second biweekly paycheck in December and June respectively.

 

 

ARTICLE  24

 

HOLIDAYS

 

SECTION  A

 

24-1     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.

 

      1. New Year's Day

 

      2. Memorial Day

 

      3. Independence Day

 

      4. Labor Day

 

      5. Thanksgiving Day

 

      6. Day after Thanksgiving

 

      7. Christmas Day

 

SECTION  B

 

24-2     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

 

24-3     Each full-time employee, other than an employee on layoff or on any leave of absence, shall receive eight (8) hours pay at the employee's hourly rate plus shift premium, if applicable, for the holiday, provided the employee meets the following eligibility requirement:

 

24-4     The employee works the employee's last scheduled work day prior to and the employee's first scheduled work day following the holiday unless the employee's failure to work on either or both such days is excused because of (1) personal sickness or injury as provided in Article 23 or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for the employee to meet the employee's employment obligation.

 

SECTION  D

 

24-5     Each part-time employee normally scheduled to work twenty (20) 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 the employee's

      hourly rate plus shift premium, if applicable, times the employee's normal schedule of hours per calendar week divided by five (5).  Those normally scheduled to work less than twenty (20) hours per calendar week shall not receive pay for the holiday.

 

SECTION  E

 

24-6     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 the employee's hourly rate and shift premium, if applicable.  To the extent that time worked is paid pursuant to this Section, it shall not be paid under Article 11 for the same time worked.

 

SECTION  F

 

24-7     An employee who fails to work on a holiday when assigned or called in shall not receive holiday pay as provided in Section C or D unless the employee's failure to work is excused because of (1) personal sickness or injury as provided in Article 24 or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for the employee to meet the employee's employment obligation.

 

 

ARTICLE  25

 

CHRISTMAS/NEW YEAR SEASON DAYS

 

SECTION  A

 

25-1     Between the days observed as the Christmas Day and New Year's Day holidays, as provided in Section A of Article 24, there shall be four (4) Christmas/New Year Season Days which may be designated on an individual basis.


SECTION  B

 

25-2     Each Christmas/New Year 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 Christmas/New Year Season Day is designated.

 

SECTION  C

 

24-3     Each full-time employee, other than an employee on layoff or on any leave of absence, shall receive eight (8) hours pay at the employee's hourly rate plus shift premium, if applicable, for each Christmas/ New Year Season Day for which the employee is not scheduled to work, provided the employee meets the following eligibility requirements:

 

         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 the employee's failure to work on either or both such days is excused because of (1) personal sickness or injury as provided in Article 23, or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for the employee to meet the employment obligation.  An employee who is late but finishes the employee's schedule of work, meets the eligibility requirement.

 

SECTION  D

 

25-4     Each part-time employee normally scheduled to work twenty (20) 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 Christmas/New Year Season Day for which the employee is not scheduled to work, determined by multiplying the employee's hourly rate plus shift premium, if applicable, times the employee's normal schedule of hours per calendar week divided by five (5).  Those normally scheduled to work less than twenty (20) hours per calendar week shall not receive pay for the Christmas/New Year Season Days.

 

SECTION  E

 

25-5     An employee who works their regular or otherwise assigned work schedule on a Christmas/New Year 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 such Christmas/New Year Season Day the employee works, an equivalent amount of time shall be added to the employee's vacation accrual and thereafter shall be subject to the provisions of Article 26. Any time worked


      outside of their regular or assigned work schedule will be compensated at time and one half.

 

SECTION  F

 

25-6     An employee who fails to work on a Christmas/New Year Season Day on which the employee is scheduled to work shall not receive the pay as provided in Section C or D unless the employee's failure to work is excused because of (1) personal sickness or injury as provided in Article 23 or (2) other extraordinary circumstances beyond the control of the employee which cannot be corrected in time for the employee to meet the employment obligation.

 

25-7     The University will notify employees of the work schedule for the Christmas/New Year Season Days at least fifteen (15) calendar days prior to the Christmas Day holiday.  If a change to the work schedule is necessary after such notice is given, and an employee is required to work on a Christmas/New Year Season Day, the employee will be given at least four (4) days notice unless circumstances do not permit advance notice.

 

 

ARTICLE  26

 

VACATIONS

 

SECTION  A

 

ACCRUAL

 

26-1     Except as provided in 26-3 and 26-4 of this Section, full-time employees accrue paid vacation time as follows:

 

     University              Rate of Accrual Per

     Seniority                  Calendar Month  

 

     First 5 years                  eight hours

     From 5 through 8 years      twelve hours

     Over 8 years                  sixteen hours

 

26-2     An increase in the rate of accrual shall be effective with the first calendar month following completion of the required years of University seniority.

 

26-3 During the calendar month in which a full-time employee starts or ends employment or starts or returns from any leave of absence, the employee shall accrue paid vacation time on a percentage basis of the rate of accrual in 26-1 depending upon the day of the calendar month on which the event occurs as follows:

 

 

                           Start of      End of

                          Employment  Employment

                           or Return   or Start

        Day of            from Leave   or Leave

      Calendar Month      of Absence  of Absence

 

      One through ten         100%        none

      Eleven through twenty     50%        50%

      Twenty-one through end   none       100%

 

 

26-4     Except as provided in 26-3 above, an employee shall not accrue any paid vacation time during any leave of absence or during any calendar month in which the employee is absent without pay for fifteen (15) or more work days.  During any calendar month in which the employee is absent without pay for less than fifteen (15), but more than seven (7) work days, the employee shall accrue fifty percent (50%) of his/her 26-1 accrual.

 

26-5     Part-time employees normally scheduled to work twenty (20) or more hours per calendar week accrue paid vacation time on a basis which is directly proportionate to that accrued by full-time employees.  Those normally scheduled to work less than twenty (20) hours per calendar week shall not accrue paid vacation time.

 

26-6     Paid vacation time accrues and is recorded at the beginning of each calendar month of employment.

 

26-7     No employee may accrue paid vacation time in excess of twenty-four (24) times his rate of accrual per calendar month.

 

SECTION  B

 

ELIGIBILITY

 

26-8     No employee shall be eligible for paid vacation time or receive pay in lieu of vacation time before it accrues.

 


SECTION  C

 

PAY IN LIEU OF VACATION TIME

 

26-9     An employee will receive pay in lieu of paid vacation (i.e., without taking actual time off from work) only after completion of the employee's probationary period and then only under the following circumstances:

 

         1. Retirement; or

         2. Termination, for whatever the reason;

           or

           3. Death, in which case a survivor will be paid.

 

 

SECTION  D

 

PAY FOR ACCRUED VACATION TIME

 

26-10    Pay for vacation time shall be at the employee's hourly rate at the time vacation is taken plus shift premium, if applicable, times the number of hours of accrued paid vacation time scheduled and used and shall be paid to the employee on the employee's regular pay day.

 

26-11    Pay in lieu of vacation time shall be at the employee's hourly rate at the time the event set forth in Section C occurs plus shift premium, if applicable, times the number of hours of accrued vacation time.

 

SECTION  E

 

SCHEDULING OF PAID VACATION TIME

 

26-12    Paid vacation time shall be scheduled to meet the work requirements of the University on a departmental basis and by classification with due consideration given to an employee's wishes as to time and duration in accordance with the following procedure:

     

 

      1. Each department will post any limitations concerning the scheduling of vacation, including the election to close down any or all of the operations of the department and schedule vacations during the close down period, providing notice of the close down period is given in writing at least ninety (90) days prior to the close down to the Union, the President, and the employees affected.  At the employee's option, the employee may elect to be temporarily laid off rather than being scheduled on vacation

 

      2. Employees will request vacations as early as possible but no later than thirty (30) calendar days prior to the date the vacation is to begin.

 

      3. Based upon the requests submitted, the department will schedule vacations in order of preference by classification on the basis of classification seniority.

 

      4. Employees will be advised by their supervisor whether their vacation request is approved or denied within seven (7) calendar days.  

 

26-13    Vacations which are not scheduled in accordance with the above procedure may be granted by the University provided it is requested forty-eight (48) hours in advance by the employee; except when extraordinary circumstances beyond the control of an employee cannot be corrected in time for the employee to meet his/her employment obligation, paid vacation time may be granted for the absence without the forty-eight (48) hours notice.

 

26-14    If a day observed by the University as a holiday as provided in Article 24 occurs during an employee's vacation, the employee shall, if otherwise eligible for it, receive holiday pay and will not have that time off charged against accrued vacation time.

 

 

ARTICLE  27

 

FUNERAL/MEMORIAL SERVICE LEAVE PAY

 

27-1     In the event of the death of (1) an employee's spouse, or (2) a significant other non-related person living in the employee's household, or (3) the son, daughter, parent, grandparent, brother, sister, grandchildren (or the spouse of any of them) of either the employee or the employee's spouse or (4) any other related person living in the employee's household, an employee who attends the funeral or memorial service shall be granted time off work with pay for a daily maximum of however many hours the employee normally works per day at the employee's hourly rate plus shift premium, if applicable.  The amount of time off work with pay shall be only that which is required to attend the funeral or memorial service and make necessary funeral or memorial service arrangements and (prior or subsequent to the funeral or memorial service) financial, custodial, or other necessary arrangements   for surviving family members.  In no event shall the time off exceed twenty-four (24) hours per funeral or memorial service occurrence.

 

27-2     In the event of the death of the son, daughter, parent, grandparent, brother, sister, grandchildren (or the spouse of any of them) of a significant other non-related person living in the employee's household, the employee who attends the funeral or memorial service shall be granted time off work without pay, or at the employee's option, paid vacation time.  The amount of time absent from work, either without pay or on vacation as the case may be, shall be only that which is required to attend the funeral or memorial service and make necessary funeral or memorial service arrangements and (prior or subsequent to the funeral or memorial service), financial, custodial or other necessary arrangements for surviving family members.  In no event shall the time off exceed three (3) work days.

 

27-3     In the event an employee is on vacation, the provisions of this Article nevertheless apply.

 

 

ARTICLE  28

 

JURY AND WITNESS SERVICE

 

28-1     An employee who loses time from work during the employee’s normal schedule of work because of jury duty service or to testify pursuant to a subpoena shall be paid for such time lost at the employee’s hourly rate plus shift premium, if applicable.

 

28-2     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 and time of jury duty or witness service.  An employee will report for work when released from jury duty or witness service.

 

28-3     An employee who does not lose time from 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 the request of the employee may have an amount of time off work equal to the time the employee was required to spend in court during that eight hour period.  In such a case, the employee will be paid for this time in the same manner as if he/she had lost time from work.

 

28-4     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. 

 

28-5     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 vacation or an excused absence without pay.

 

 

ARTICLE 29

 

ANNUAL MILITARY DUTY

 

29-1     An employee who is a member of the armed forces reserve or National Guard and who loses time from work during the employee's normal schedule of work to participate in annual military training or for service required as 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 the employee's hourly rate plus shift premium, if applicable.  Armed forces reserve 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 the employee was eligible to receive.  If an employee receives vacation pay during a period of training or service, the employee shall not be eligible for the pay provided by this Article for that period of time for which the employee received vacation pay.

 

 

ARTICLE 30

 

LEAVES OF ABSENCE

 

SECTION  A

 

General Conditions

 

30-1     Leaves of absence are without compensation by the University.

 

30-2     Unpaid leaves of absence are intended to provide continuity of service during an extended period of absence.

 

30-3     To be eligible for a leave of absence, an employee must be beyond his or her probationary period.

 

30-4     A leave of absence may affect the continuation of an employee’s benefit coverage, and an employee’s contributions to maintain benefit coverage.  The University will continue its contribution to maintain an employee’s health, dental and vision coverage for the period of time that an employee’s absence is covered by the Family and Medical Leave Act of 1993 (FMLA).  An employee’s absence may be partially or completely covered by the FMLA during the following leaves of absence:  medical, parental, family care, care of an injured service member, and call to active duty.  An absence for an FMLA qualifying event will be counted toward an employee’s twelve weeks of eligibility under the FMLA from the beginning of the employee’s FMLA eligible leave of absence.

 

30-5     A calendar year is used to designate an employee’s FMLA benefit year. 

 

30-6     To the extent applicable, all provisions of this Article will be interpreted to be consistent with the Family and Medical Leave Act of 1993, as amended.  Where provisions of this Article are more expansive than the FMLA, this Article is controlling.  Where provisions of the FMLA are more expansive, the FMLA is controlling.

 

30-7     Care of an Injured Service member and Call to Active Duty leaves of absence will be made available to employees consistent with the FMLA and this Article.

 

Section B

 

Non-Discretionary Leaves of Absence

 

30-8     Non-discretionary leaves of absence are granted when the employee meets the eligibility and approval requirements and are as follows:

 

 

30-9  Medical

 

        A. Eligibility

 

        Employee is medically unable to work due to personal illness or injury.  Arbitrary failure to follow accepted medical practice may result in the denial of an employee’s request for a medical leave of absence or an extension of a previously granted medical leave of absence.

 

        B. Use of Paid Time

 

        Employee must use all available sickness or injury disability income and vacation prior to the start of the leave of absence.  However, an employee covered by Workers’ Compensation may, but is not required to, use all available vacation prior to the start of the leave of absence.


 

        C. Approval

 

                            Granted when the employee provides medical documentation acceptable to the University.

 

        D. Maximum Duration

 

        Two calendar years or the employee’s University seniority, whichever period of time is less.  The length of the initial leave period and any extensions will be based on the supporting medical documentation.

 

        E. Return to Work

 

        Employee will be placed in the same or equivalent position in the employee’s seniority group unless circumstances have so changed as to make it impossible or unreasonable to do so.  “Equivalent position” is defined in Section D (2) of this Article.

 

30-10    An employee returning from a medical leave of absence must provide medical documentation acceptable to the University that contains a release to return to work, noting any restrictions.

 

30-11    The University may require, without cost to the employee, that a physician or physicians of its choosing examine the employee and provide evidence of ability to return to work that is acceptable to the University before the employee is returned to work.

 

30-12 Parental (Maternity/Paternity)

 

        A. Eligibility

 

        Available when the employee is medically unable to work due to pregnancy/childbirth and/or for the care of an employee’s child following birth, adoption or foster care placement.  A qualifying adoption or foster care placement is one in which the child is under the age of eighteen, or eighteen years of age or older and incapable of self-care due to a physical or mental disability.

 


B. Use of Paid Time

 

        1. An employee who is medically unable to work due to pregnancy/childbirth must use:

              A.   All available sickness or injury income until medically able to return to work, and

              B.   All available vacation prior to the start of the leave of absence.

 

           2. An employee who is absent to care for a child following birth, adoption or foster care placement must exhaust all available vacation prior to the start of the leave of absence.

 

C. Approval

 

           Granted when the employee provides documentation acceptable to the University.

 

        D. Maximum Duration

 

           One calendar year from the child’s date of birth, adoption, or foster care placement.

 

        E. Return to Work

 

           Employee will be placed in the same or equivalent position in the employee’s seniority group unless circumstances have so changed as to make it impossible or unreasonable to do so.  “Equivalent position” is defined in Section D (2) of this Article.

 

30-13 Family Care

 

        A. Eligibility

 

        Employee is needed to care for a family member with a serious health condition.  “Family member” and “serious health condition” are defined in Section D (3) and D (4) of this Article.


        B. Use of Paid Time

 

        Employee chooses the amount of family care time and vacation, if any, to be used prior to the start of the leave of absence.

 

    C. Approval

 

        Granted when the employee provides documentation acceptable to the University.

 

    D. Maximum Duration

 

        Exhaustion of the employee’s available time under the Family and Medical Leave Act of 1993.

 

    E. Return to Work

 

        Employee will be placed in the same or equivalent position in the employee’s seniority group unless circumstances have so changed as to make it impossible or unreasonable to do so.  “Equivalent position” is defined in Section D (2) of this Article.

 

30-14 Military Service

 

        A. Eligibility

        Employee has a selective service induction, A-1 enlistment, or has been called-up as a member of the National Guard or Reserve.

 

        B. Use of Paid Time

        Employee chooses the amount of vacation, if any, to be used prior to the start of the leave of absence.

 

        C. Approval

        Granted when the employee provides documentation acceptable to the University.

 

        D. Maximum Duration

 

        Up to five years.  The five-year period is a cumulative total of all absences from employment at the University due to the employee’s service in the military.  If it appears that an employee has exceeded the five-year total, the appropriate Human Resources office must be contacted to verify the total length of the employee’s military service, and determine the department’s obligation to place the employee.

 

        E. Return to Work

        The University’s obligation under the Federal Uniformed Services Employment and Reemployment Rights Act (USERRA) to place employees upon their return from a military service leave of absence is as follows:

 

        1. If the period of service in the military was 90 days or less, the employee must be placed in the position in which the employee would have been employed had he or she not been on a military service leave of absence.

 

        2. If the period of service in the military was more than 90 days, the employee must be placed in the position in which the employee would have been employed had he or she not been on a military service leave of absence or a similar position.  To be considered similar, the position must have equivalent status and pay.

 

30-15    The employee’s department is responsible for the placement of an employee returning from a military service leave of absence.  If placement is impossible or unreasonable, the appropriate Human Resources office must be consulted regarding the department’s obligation to place the employee.

 

30-16    An employee returning from a military leave of absence must have an honorable discharge or certificate of honorable service, and apply for reinstatement within ninety (90) days after release from duty.

 

30-17 Union and Affiliated Locals

 

        A. Eligibility

 

        Employee is elected or appointed to a full-time office in the Union or one of its affiliated Locals.

 

B. Use of Paid Time

 

           Employee must use all available vacation prior to the start of the leave of absence.

 

        C. Approval

 

           Granted upon written request of the Union.

 

        D. Maximum Duration

 

           Unlimited, however, granted in one year or less increments as requested in writing by the Union.

 

        E. Return to Work

 

           Employee will be placed in the same or equivalent position in the employee’s seniority group unless circumstances have so changed as to make it impossible or unreasonable to do so.  “Equivalent position” is defined in Section D (2) of this Article.

 

30-18 Disability

 

        Subject to and consistent with the University Disability Plan as provided for in Article 34, an employee who qualifies for disability benefits will be granted a leave of absence for an indefinite period.

 

Section C

 

Discretionary Leaves of Absence

 

  30-19    A discretionary leave of absence is granted when approved by the employee’s department and Human Resources.

 

30-20 Personal

 

        A. Eligibility

 

           An employee requests a leave of absence that does not meet the eligibility requirements of a non-discretionary leave of absence.  A personal leave of absence cannot be used to provide continuing University employment for an employee who has accepted employment outside the University.

 

        B. Use of Paid Time

 

           Employee must use all available vacation prior to the start of the leave of absence.

 

        C. Approval

 

           Granted at the discretion of the employee’s department with the approval of the appropriate Human Resources office.  Department must guarantee a return to the same or equivalent position.  “Equivalent position” is defined in Section D (2) of this Article.

 

        D. Maximum Duration

 

           One calendar year.

 

        E. Return to work

 

           The employee’s department must place the employee in the same or equivalent position.  “Equivalent position” is defined in Section D (2) of this Article.


Section D

 

Regulations and Definitions

 

30-21 Outside Employment

 

    Employment outside the University while on a leave of absence is cause for termination of University employment unless the appropriate Human Resources office approves the employment in advance, or the employment is for military service.

 

30-22 Equivalent Position

 

To be considered equivalent, the position must have:

 

The same or equivalent shift and work schedule.

 

30-23 Family Member

 

        A. Spouse:  Husband or wife as recognized by the State of Michigan.

 

B. Domestic partner with whom the employee shares living accommodations and expenses.

 

        C. Child, sibling, parent, or grandparent of the employee, the employee’s spouse or the employee’s domestic partner.

 

D. Other related individual whose care is the responsibility of the employee, spouse, or domestic partner.

 

30-24 Serious Health Condition

 

A. Inpatient care at a hospital or other medical facility, or

 

    B. Continuing treatment by a health care provider that includes one or more of the following:

 

 

 

 

 

 


 

30-25 Excused Time - Without Pay

      An employee may not use Excused Time -Without Pay for more than fourteen consecutive calendar days.

 

30-26 Sick Time Pay

 

      An employee placed on a medical leave of absence in association with Workers’ Compensation coverage must use all available sickness or injury disability income prior to the start of the leave of absence.

 

30-27 Vacation

 

Vacation does not accrue while an employee is on a leave of absence.

 

30-28 Length of Service

 

Length of service, which is calculated from an employee’s latest date of regular employment, continues to accrue during a leave of absence.

 

30-29 Extending a Leave of Absence

 

Employees are eligible for an extension of a leave of absence in accordance with the regulations provided under the specific type of leave.  An employee’s request for an extension must be submitted to the appropriate Human Resources office at least two weeks before the leave of absence expires.

 

30-30 Return Before the Expiration of a Leave of Absence

 

An employee’s return to work before the expiration of a leave of absence is at the discretion of the University.

 

30-31 Failing to Return from a Leave of Absence

 

Failure to report for work at the conclusion of a leave of absence without requesting and receiving an extension of the leave is cause for termination of the employee’s University employment.

If an employee does not return to work from a leave of absence, the last day worked shall be considered the date of termination for the purposes of determining eligibility for retirement or for Disability Plan benefits.

 

30-32 False Pretense

 

      Any employee who obtains a leave of absence under false pretense or uses the leave for purposes other than for which it was obtained shall be subject to immediate discharge.

 

 

ARTICLE  31

 

GROUP LIFE INSURANCE

  

31-1      During the term of this Agreement, the University Life Insurance Plan and the Optional Life Insurance Plan shall be provided by the University within the Benefits program in the same manner and to the same extent as provided to University employees not represented by a Union. The University Life Insurance Plan will provide $30,000 in coverage at no cost to the employee.  The amount of life insurance coverage elected by an employee under the Optional Life Insurance Plan may range from $5,000 at the minimum to an amount equal to six times the employee’s salary. Salary as indicated is based upon an employee’s job rate for a normal forty (40) hour work week, excluding overtime and other premiums.

 

31-2     The cost of the Optional Life Insurance Plan 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 is increased.  The cost will also increase when moving into the next higher age bracket The employee will pay the full cost in the same manner and to the same extent as provided to the University employees not represented by a Union.

        

31-3     The Dependent Life Insurance Plan shall be as provided by the University within the Benefits Program in the same manner and to the same extent as provided to University employees not represented by a Union. In the event of any amendment that affects employees in the bargaining unit, the Union will be notified prior to the effective date of the amendment. 

 

 (See Memorandum of Understanding – 8)

 

 

ARTICLE 32

 

HEALTH INSURANCE

 

32-1     The Group Health Insurance Plan provided by the University includes a medical and prescription drug plan, and shall be as provided by the University within the Benefits Program in the same manner and to the same extent as provided by the University for employees not represented by a Union.  Prior to the execution date of this Agreement the Union has 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 prior to the effective date of change.

 

32-2     In addition to the current health care programs offered by the University, the University will offer a Comprehensive Major Medical program with no employee cost at any coverage level.  It is understood that to accomplish this, the offered program may change from time to time.

 

32-3     The University will provide a monthly opt-out credit to those employees who elect no health insurance, and certify they have coverage through another employer’s plan, in the same manner and to the same extent as provided to University employees not represented by a Union. Newly hired eligible employees who do not elect to enroll in a health insurance plan when eligible, or do not opt out when eligible within 30 days will not be enrolled or receive opt out credits.

 

32-5     The Group Health Insurance Plan (medical and prescription drug) will contain a 4-tier rate structure consisting of:

 

I.   One adult;

II.  One adult plus any number of children;

III. One adult plus one adult dependent; 

IV.  One adult plus one adult dependent plus any number of children.

 

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.

      

32-6     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. 

 

32-7     The Group Dental Plan shall be as provided by the University in the same manner and to the same extent as provided to University employees not represented by a Union within the Benefits Program.  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 prior to the effective date of change.  The University contribution toward dental plan coverage will be provided in the same manner and to the same extent as provided to University employees not represented by a Union. 

 

32-8     No matter concerning the Dental Plan shall be subject to the Grievance and Arbitration Procedures, except for questions concerning compliance with the specific provisions of this Article, and whether or not the employee has coverage in accordance with terms of the Plan.

 

32-9     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 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.

     

(See Memorandum of Understanding - 8)

 

 

ARTICLE 32a

 

OTHER BENEFITS

 

32a-1    A Legal Plan; Long-Term Care Insurance; and a Vision Plan shall be as provided under the Benefits Plan in the same manner and to the same extent as is provided for employees not represented by a Union. In the event of any changes in these benefits, the Union will be notified prior to the effective date of change.   No matter concerning the above benefits will be subject to the Grievance and Arbitration Procedures; except for questions concerning compliance, with the specific provisions of this Article and whether or not the employees have coverage in accordance with terms of the Benefits Plan.

 

 

 

 

 

 ARTICLE  33

 

TRAVEL ACCIDENT INSURANCE

 

33-1     The Travel Accident Insurance Plan shall be as provided by the University. It may be amended, but not eliminated, by the University, except that the following, without cost to an employee and consistent with the terms of the Plan, shall not be changed during the term of this Agreement:

 

1. The amount of the principal sum of insurance, for full-time employees shall be $50,000, or ten (10) times hourly rate times 2080, not to exceed a maximum of $500,000, except as the amount may be reduced proportionately by a catastrophic accident.

 

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 a maximum of $500,000.

 

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

 

4. Disability benefits.                                                     

 

33-2     In the event of any amendment that affects employees in the bargaining unit, the Union will be notified prior to the effective date of the amendment. No matter concerning the Travel Accident Insurance Plan shall be subject to the Grievance and Arbitration Procedures, except for questions concerning compliance with the specific provisions of this Article. 

 

(See Memorandum of Understanding-8)

 

 

ARTICLE 34

 

LONG TERM DISABILITY PLAN

 

34-1     The Disability Plan shall be as provided by the University.  Newly hired employees may elect to enroll in the Expanded Disability Plan within 30 days of their date of hire.  Expanded Disability Plan enrollment after the 30 day new hire period is subject to a health statement approval by the Disability Plan Claims Administrator.  The Basic Disability Plan is available for employees with a benefit eligibility date before 8/1/86.  Participants in the Basic Disability Plan may apply and obtain approval for Expanded Disability Plan enrollment with a health statement, subject to approval by the Disability Plan Claims Administrator. Once approval is granted in the Expanded Disability Plan participants shall not be able to return to the Basic Disability Plan.  The Disability Plan may be amended, but not eliminated, by the University, except that the following, consistent with the terms of the plan, shall not be changed during the term of this Agreement:

       

      1.    The University will pay the entire cost for coverage for the Basic Disability Plan. The University will pay the entire cost of the Expanded Disability Plan, except during the first four (4) years of service when the employee must pay the entire cost for coverage on all annual base income, and except on annual base income over $30,000 per year after four(4)years of service. Coverage on base income over $30,000 after four (4) years of service is elective and the employee must pay the cost as provided in the Disability Plan Policy.

       

      2.    An eligible employee, normally scheduled to work twenty (20) or more hours per calendar week, shall receive a disability income under the Expanded Disability Plan which shall be 65% of his or her covered monthly base income, (hourly rate time 2080 divided by 12 or pro-rated for appointments less than 2080 hours) or under the Basic Disability Plan 50% of the employee’s monthly base income (hourly rate times 2080 divided by twelve (12) or $1,200.00 per month, which ever amount is less, for the Basic Disability Plan.

       

      3.    In the event that cash benefits are received from other sources as set forth in the Basic or Expanded Disability Plan, the disability income set forth in 2 above shall be adjusted so that the combination of disability income and cash benefits from other sources shall not exceed 65% of the employee's covered monthly base income for the Expanded Disability Plan or 75% of the employee’s gross monthly base income, not to exceed $1,200.00 of disability income from the University, for the Basic Disability Plan. 

       

      4. 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 as provided in the Basic Disability Plan or the Expanded Disability Plan Policy.           

 

34-2     In the event of any amendment that affects employees in the bargaining unit, the Union will be notified prior to the effective date of the amendment.  No matter concerning the Disability Plan shall be subject to the Grievance and Arbitration Procedures, except for questions concerning compliance with the specific provisions of this Article.   

                   

34-3              In addition, in the event the University amends the provisions of the plan for employees not represented by a Union to increase the $30,000 per year base income limit as set forth in subparagraph 1 of reference paragraph 34-1, or to the 65% of monthly base income limit as set forth in subparagraph 2 of reference paragraph    34-1, or to decrease to not less than 60% the maximum amount available as set forth in subparagraph 3 of reference paragraph 34-1 the University shall make these changes for employees of this bargaining unit to the same extent and at the same time.

 

(See Memorandum of Understanding – 8)

 

 

ARTICLE  35

 

RETIREMENT PLAN

 

35-1       The retirement program shall be as provided by the University.  It is understood that the retirement plan may be amended, except that the following, consistent with the terms of the Teacher's Insurance Annuity Association and College Retirement Equity Fund (TIAA-CREF) retirement plan and Fidelity Investments retirement plan shall not be changed during the term of this agreement.

 

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

 

        2. At the option of a full-time employee, age thirty-five (35) or older, and with two (2) years of service, the University will contribute an amount equal to five percent (5%) 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.

 

35-2     In the event of any amendment that affects employees in the bargaining unit, the Union will be notified prior to the effective date of the amendment. No matter concerning the retirement program shall be subject to the Grievance and Arbitration Procedures except for questions concerning the specific provisions of this Article.  

 

35-3     The provisions of the University’s Standard Practice Guide 201.83 – Retirement (Revised 5/1/91), Section II-A,RETIREE, Retirement Plan age and years of service requirements will be maintained for employees during the term of this agreement.  In the event the University amends the above referenced Section, the amended provision will apply to employees hired after the effective date of the amendment.  At the termination of the current agreement all employees will be covered by the amended agreement.

 

35-4     Additionally, the University will not implement other changes to Standard Practice Guide 201.83 for employees in this bargaining unit prior to six (6) months from the date the University notifies the Union of the changes.

 

(See Memorandum of Understanding - 8)

 

 

ARTICLE  36

 

LONGEVITY PAY

 

SECTION  A

 

ELIGIBILITY

 

36-1     An employee will be eligible for annual longevity pay in accordance with Section B of this Article if (1) he/she received pay as a University employee in the calendar year preceding the year of payment and (2) except as provided in Section D, he/she is an employee in the bargaining unit on October 1st in the year of payment. If any Trades employee has already received a longevity payment from another employee group in the year of payment for the Trades longevity payment, they shall only be eligible for the longevity payment that is the largest amount. Any one employee is only eligible for one longevity payment per calendar year. The longevity payment that is the smaller amount shall be deducted from the employee’s pay.

 

SECTION  B

 

SCHEDULE OF PAYMENTS

 

36-2     Longevity pay shall be based on seniority as of October 1, in the year of payment and shall be computed as a percentage of Form W2 gross earnings (Long Term Disability payments are not W2 gross earnings), for the calendar year preceding the year of payment, but not to exceed $20,500 in 2007 gross earnings for the October 2008 payment; $21,000 in 2008 gross earnings for the October 2009 payment; and $21,500 in 2009 gross earnings for the October 2010 payment, in accordance with the following schedule:

 

 

                         

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 years                              8%

 

 

SECTION  C

 

PAYMENT DATE

 

36-3     Longevity pay to an eligible employee shall be paid no later than November 1st in the year of payment.

 

 

 

SECTION  D

 

RETIREMENT OR DEATH

 

36-4     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. Such longevity pay shall be prorated on the basis of completed calendar months of service from the preceding October 1st to the date of retirement or death.

 

 

ARTICLE  37

 

TUITION SUPPORT PROGRAM

 

37-1      The University agrees to provide the same Tuition Support Program it administers for employees not represented by a Union, and which it may revise from time to time, to employees of this bargaining unit. The policies, regulations, definitions, and procedures outlined in the University’s Tuition Support Program Standard Practice Guide shall govern the use of this program for employees in this bargaining unit. The Tuition Support Program shall not be eliminated during the term of this Agreement.

 

 

ARTICLE 38

 

CONTINUING EDUCATION

 

SECTION A

 

38-1       The Union and the University recognize that it is in the best interests of both parties that employees receive continuing education to acquire new knowledge or skills and to enhance existing skills and abilities related to their job assignments. Accordingly, at the request of the employee and with the approval of the employee's department head (or equivalent level of supervision), an employee may attend appropriate seminars, course work or participate in other continuing education directly related to that employee's current or future job assignments.  The seminars and course work may include, but are not limited to, training provided for by equipment manufacturers, education in work methods and materials, and education to improve work related knowledge and abilities.  In the event that such education is required by the University, the University shall pay the cost of tuition, course fees and books required, except for and excluding any fees required for membership in any professional or trade organization or association.  Employees who participate in such approved or required training shall not suffer a loss of time or pay.  If such continuing education is required by the University and attendance outside of the employee's regularly scheduled working hours is required as a work assignment, the employee shall be paid for the actual hours of classroom attendance.  In addition, employees who receive such training or education may be required to train or assist in the training of others.

 

 

ARTICLE 39

 

SAFETY

 

SECTION  A

 

39-1     The University shall continue to provide for the safety of employees during the hours of their employment.  In the event that an employee has a grievance concerning this provision the employee should use the Grievance Procedure as soon as possible.  The University also will receive and consider written recommendations with respect to unsafe conditions or other safety ideas from any employee or the Union.

 

39-2     A Central Safety and Health Committee (CSHC) of the University including Union representatives shall meet once a month for a regularly scheduled meeting to discuss safety and health issues, and develop and implement programs related to safety and health.  Representatives of the Union not to exceed five (5), who have been designated as regular members of the CSHC shall not suffer loss of time or pay when absent from their assigned schedule of work while attending a meeting. A list of regular CSHC members shall be exchanged by the parties.  The other party shall be notified promptly in writing of any changes in its members.  In addition, at least once during each month, each shop or suitable group of employees shall conduct a meeting to discuss safety issues.

 

39-3     Whenever an employee alleges that an unsafe condition exists on a work assignment to which he has been assigned, and the unsafe condition could 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 Department of Environmental Health and Safety 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 may immediately request the President 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 workday.  Should an investigation by the Department of Environmental Health and Safety 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.

 

SECTION  B

 

39-4     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 practicable.  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 employee's 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 employee's scheduled shift or for any overtime hours.

 

 

ARTICLE  40

 

DISCIPLINE

 

SECTION  A

 

40-1     The University shall not discharge or take other disciplinary action for employees who have acquired classification seniority without just cause.  Following the determination of just cause, such disciplinary action taken shall not be arbitrary nor shall it be excessive in relation to the offense.

 

SECTION  B

 

40-2     In taking disciplinary action, the University shall not take into account any prior incidents which occurred more than two (2) years previously.

 

SECTION  C

 

40-3     When an employee is suspended and ordered to leave work for disciplinary reasons, the Union, and the President, or in the President's absence, the Vice President, shall be notified by the University and, without loss of time or pay, the President or the Vice President will be afforded the opportunity to consult privately with the employee for a reasonable period of time at a place provided by the University before the employee leaves the University premises; provided, however, that if the immediate removal of the employee from University premises is necessary, such opportunity to consult need not be afforded.  In such a case the University within the shift shall notify the Union and the President, or Vice President, of the incident.

 

40-4     In addition and thereafter the President or the Vice President may discuss the situation with other employees, one at a time, in possession of relevant facts.

 

40-5     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 a decision. If a disciplinary review conference is necessary it will be convened as soon as possible, and within fourteen (14)calendar days of the suspension.

 

SECTION  D

 

40-6     The University shall convene a disciplinary review conference prior to discharging an employee to discuss the matter(s) of concern and give the Union and employee an opportunity to respond. The President, employee, employee’s steward and supervisor(s), and a representative of the Human Resource Office will be at this conference. The employee and the employee’s steward who may lose time from their regular work schedule shall not lose time or pay while attending this conference, unless the employee is suspended at the time of the conference.

 

40-7     The University shall give the President written notification of any disciplinary action taken which involves a disciplinary layoff, paper 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.

 

(See Memorandum of Understanding-16)

 

SECTION  E

 

40-8     A grievance which (1) concerns a disciplinary layoff, paper 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/or was excessive, may be processed through the Grievance and Arbitration Procedures provided it is submitted in writing at Step 2 within the President's next ten (10) work days following the day of notification to the President of the disciplinary action.  Failure to submit a written grievance within that time period shall constitute a waiver of all claims concerning such disciplinary layoff, paper disciplinary layoff or discharge.

 

40-9     If any grievance alleging a violation of this Article should be taken to Arbitration, the arbitrator’s authority shall be limited to the fact question of whether there was just cause and as follows:

 

      1. If the arbitrator finds there was just cause, the arbitrator may modify the disciplinary action taken only if it was

 

         (a)   taken arbitrarily and/or

 

         (b)   excessive; otherwise the arbitrator must affirm it.

 

      2. If the arbitrator finds there was no

         just cause, the arbitrator shall nullify the disciplinary action taken.

 

 

ARTICLE  41

 

UNION AND UNIVERSITY REPRESENTATION

 

SECTION  A

 

UNION REPRESENTATION

 

41-1     For the purpose of the grievance procedure, and where otherwise provided in this Agreement, employees shall be represented by the Union as follows:

 

          1. There may be one (1) steward and one (1) alternate steward for each of the following facilities or geographic areas:

 

             a. Dearborn Campus;

 

             b. Flint Campus.

 

          2. For the Plant Department, Ann Arbor, there may be one (1) steward and one (1) alternate steward for each combination of classifications as set forth in Appendix "B".

 

          3. For University Hospital, Ann Arbor, there may be one (1) steward and one (1) alternate steward for each combination of classifications as set forth in Appendix "B".

 

          4. For the University Housing, Ann Arbor, there may be one (1) steward and one (1) alternate steward for each combination of classifications as set forth in Appendix "B".

 

          5. There may be one (1) President, who upon notice to the University of being elected will be placed on a full-time excused absence from work. The President will be paid for eighty (80) hours   each bi-weekly pay period for 26 bi-weekly pay periods per annum.  It is understood that such time paid is to participate in administration of the Agreement under Article 40, Discipline; Article 42, Grievance Procedure; Article 3, Conferences; and Article 23, Sick Time and otherwise to prepare for scheduled joint meetings with the University, arbitrations and other business of the Union which is directly related to the administration of this Agreement.  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 activities are more or less than the hours for which paid. The University shall pay fringe benefit premiums to the same extent as a full-time employee while the President is on this full-time excused absence from work.

 

             When a new President is elected, there may be a transition period not to exceed two (2) calendar weeks when, at the written request of the new President, the previous President will be granted an excused absence without pay to assist with the new President’s transition to office.

         

             The President shall be paid at the job rate of pay grade ten (10)and the President’s vacation accrual will be frozen at the amount it was when they took office.

 

             In the event that the President ceases to perform the functions set forth in this paragraph due to personal illness or injury or other unforeseen circumstance (short term absences excepted), after University notice to the Union and reasonable opportunity to remedy the situation, the pay shall cease until the situation is remedied.

 

          6. The Vice President will be released from work with pay for eight (8) hours per month to attend to business of the Union. Additional release time from work with pay may be granted if mutually agreed. The President will provide the University with at least five (5) work days notice of all release time requests. Shorter notice may be given in extraordinary circumstances if mutually agreed.

 

             The Vice President may also function as a steward or alternate steward, as the case may be, and as provided in subparagraphs 1-4 above.  

 

41-2     Each steward, each alternate steward, the President and the Vice President shall be a non-probationary employee working in the facility he/she represents, except that one of the Plant Department Stewards may be designated to represent employees working in other Ann Arbor locations exclusive of those set forth in subparagraphs 1, 2, and 3 above.  The President shall furnish the University with the names of the stewards, alternate stewards, the President and the Vice President and shall report promptly any changes to the University.  The University shall not recognize any employee as steward, alternate steward, President or Vice President without this notification.  The alternate steward shall only represent an aggrieved employee when the steward is absent from work.  The Vice President shall only represent an employee when the President is absent from work.

 

41-3     When a steward has a grievance, the steward shall be represented by the President. When the President has a grievance, the President shall be represented by the Vice President.

 


SECTION  B

 

UNIVERSITY REPRESENTATION

 

41-4     The University will be represented in the Grievance Procedure as follows:

 

      1. The department head, or equivalent level of supervision, (or his/her designated representative) of the aggrieved employee and at the option of the department head, the aggrieved employee's immediate supervisor.

 

      2. The University Review Committee.

 

41-5     The University shall furnish the Union and the President with a list of its department heads, or equivalent level of supervision, their office location and phone number and the members of its Review Committee.  Any changes in the list shall be reported promptly to the Union and President in writing.

 

 

ARTICLE  42

 

GRIEVANCE PROCEDURE

 

SECTION  A

 

EMPLOYEE GRIEVANCE

 

42-1     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) 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 D, except that the President, or the Vice President in the President'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 refused to process his/her grievance.  Such a grievance by the President, or the Vice President in the President's absence in addition to the requirements of paragraph 42-20, must set forth the reasons the employee refuses to process his/her grievance.

 

SECTION  B

 

GROUP GRIEVANCE

 

42-2     In the event that employees have a group grievance, it will be submitted by one employee or their steward or President on behalf of all names 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.

 

SECTION  C

 

UNION GRIEVANCES

 

42-3     A Union grievance is defined as a disagreement, other than one which can be processed under Section A or B 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 the Agreement on a question which is not an employee grievance.

 

42-4     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 President or the Vice President in the President's absence, on behalf of the Union.

 

SECTION  D

 

PROCEDURE

 

42-5     The following Grievance Procedure shall be the sole and exclusive means for resolving grievances:

 

      Step One - Oral Presentation

 

42-6     An aggrieved employee, promptly, but in no event later than fifteen (15) calendar days after the employee had knowledge of the facts giving rise to the employee's grievance, shall notify the employee's supervisor that he/she has a grievance.

 

42-7     Thereafter, no later than the end of the next working day the employee's supervisor or department head (or equivalent level of supervision) shall set a place and time during working hours, or at another time, if mutually convenient, for a conference to discuss the grievance with the aggrieved employee and the employee's steward who shall represent the employee in the conference.

 

42-8     The supervisor or department head (or equivalent level of supervision) shall make arrangements for the steward to be excused from work for the conference.  Before the conference to discuss the grievance, the steward, at the steward's request, shall have the opportunity to discuss the grievance with the employee and with other employees in the steward's area of representation, one at a time, in possession of facts relevant to the grievance for a reasonable period of time at a place provided by the supervisor or department head (or equivalent level of supervision).  In the event that employees not within the steward's area of representation are in possession of facts relevant to the grievance, the steward may request, and the supervisor or department head (or equivalent level of supervision) may grant, the opportunity to discuss the grievance with such employees for a reasonable period of time at a place provided by the supervisor or department head (or equivalent level of supervision).

 

      Step Two - Written

 

42-9     If the aggrieved employee does not receive a satisfactory oral answer, or if the employee does not receive any answer, at Step One within one (1) mutual working day following the day of the oral presentation, the President may reduce the grievance to writing and submit it to the University Review Committee for written answer, provided the President submits it within the fifteen (15) calendar day period following the day on which the employee had knowledge of the facts giving rise to the employee's grievance, except the University Review Committee may extend the time limit for submission to Step Two, providing the extension is requested by the President before the time limit ends.

 

42-10    In reducing his/her grievance to writing, the employee shall request his/her supervisor to call the President.  In such a case, the President shall be called during that shift or not later than the end of the employee's next shift and arrangements made for a place and time either during the shift, or at the end of the shift if mutually convenient, to reduce the grievance to writing.

 

42-11    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.

 

42-12    The grievance shall not be considered submitted until the written grievance is received by the University Review Committee at a place designated by the University.  At the time the grievance is received it shall be dated and a copy returned to the President.

 

42-13    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 seven (7) calendar day period for a hearing of the grievance with the aggrieved employee, the President, the employee's steward, management representatives from the employee’s department and Human Resources, and a reasonable number of non-employee officials of the Washtenaw County Skilled Building Trades Council. The hearing shall be convened within 21 calendar days from the receipt of the written grievance, unless mutually agreed otherwise.

 

42-14    In such a case, the University Review Committee shall make arrangements for the employee, the President and the employee's steward to be excused from work for the oral presentation.  Before the hearing of the grievance, the President, at the President's request, shall have the opportunity to discuss the grievance with the 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.  However, if the President has used the opportunity provided in Section C of Article 40 prior to submitting the grievance, no additional discussion need be provided.

 

(See Memorandum of Understanding-4)

 

42-15    The written answer will be issued as soon as practicable but, in any event, no later than thirty (30) calendar days following the date of the Step Two hearing.  The answer shall be mailed to the Union on the date appearing on the Step Two answer.

 

SECTION  E

 

INVESTIGATION BY NON-EMPLOYEE

 

UNION OFFICIALS

 

42-16    Upon request to the University Review Committee, two (2) non-employee officials of the Union who will represent an employee in the grievance or arbitration procedures, may visit the University for the purpose of preparing the case for presentation.

 

42-17    During such a visit the representatives may view any area relevant to the grievance with the President and the aggrieved employee.  A representative of the University, at its option, may accompany the parties.  In addition, the representatives and the President 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.

 

42-18    During any such visit, the representatives shall not in any way interfere with the orderly and efficient operation of the University.

 

SECTION  F

 

PAY, TIME LIMITS, AND ADJUSTMENT

 

42-19    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.

 

42-20    A steward, alternate steward, President, or Vice President 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. reducing the grievance to writing,

 

      2. discussion of grievance with the employee and other employees, or

 

      3. hearings.

 

42-21    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.

 

42-22    If the aggrieved employee does not submit his/her grievance to Step Two of the grievance procedure within the prescribed time limit, the employee's grievance shall be considered settled on the basis of the University's answer at Step One, unless the University has extended the time limit for submission to Step Two as provided in Section D of this Article.

 

42-23    The Union, the aggrieved employee, the employee's steward, the employee's Vice President and the employee's President shall all receive a copy of all written answers.

 

SECTION  G

 

LIABILITY

 

42-24    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:

 

      1. The period between the first date offered for discussion of a grievance by the University at Step Two and the date when the Union is first available for discussion, when the first date offered by the University is delayed at the request of the employee or the Union, except if the Union is available prior to the first date offered by the University this provision shall not apply; and

 

      2. 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  H

 

WITHDRAWAL OF A GRIEVANCE

 

42-25    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  43

 

ARBITRATION

 

SECTION  A

 

SUBMISSION TO ARBITRATION

 

43-1    A grievance as defined in Article 42, and within the jurisdiction of the arbitrator, may be submitted to arbitration by the Union within no later than thirty (30)calendar days, unless mutually agreed otherwise, after the date of the University’s Step Two answer, or if the Union does not receive a Step Two answer within thirty (30) calendar days after the Step Two answer was due.

 

43-2     The Union will provide written notice of its arbitration submission to the University’s Staff HR Services Office. The notice will include the following information:

 

43-3     If no such arbitration submission notice is given to the University within the above referenced thirty (30) calendar days the grievance shall be considered settled. 

 

43-4     The Union may send written notice to the assigned arbitrator at any time after giving notice to the University, however, upon receipt of the Union’s arbitration submission the parties may attempt to resolve the grievance prior to notifying the assigned arbitrator. If the parties are unable to resolve the grievance and it is determined that an arbitration hearing date needs to be set, the Union will send written notice to the assigned arbitrator, with a copy including attachments, to the University’s Office of the General Counsel, requesting the arbitrator’s services and possible available dates for scheduling the

hearing.  The notice to the arbitrator will include the following information:

 

43-5  A notice to an arbitrator shall be for a single grievance, unless the parties mutually agree otherwise in writing, and shall be given to an arbitrator on a rotating basis and in sequential order based on the date on the written Step Two answer. Once an arbitrator is provided notice and the case does not go to hearing for any reason, the assigned arbitrator will go to the bottom of the rotation list just as if he/she had heard the case.

 

SECTION B

 

               SELECTION OF ARBITRATORS

 

43-6     The Union and the University shall agree in writing on a panel of five (5) arbitrators.  If an appointed arbitrator(s)is unable or unwilling to continue this appointment, the rotating schedule shall be sequentially adjusted in order that all arbitrations are assigned to the remaining arbitrators.  The Union shall provide each arbitrator with a copy of this agreement within fifteen (15) calendar days after printed copies are available.

 

(See Memorandum of Understanding-7)

 

SECTION  C

 

TERMS AND CONDITIONS OF ARBITRATION

 

43-7     Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions:

 

1.  Upon receipt of the notice to the arbitrator as set forth in Section A., the arbitrator shall set the time for the hearing by contacting the Union and the University by telephone conference call or otherwise.  To the extent practicable, the time of the hearing shall be as mutually agreed by all parties; however, in the event mutual agreement cannot be reached, the arbitrator shall schedule the hearing.

 

2.  Any and all other correspondence or communication to or with an arbitrator, by either the Union or the University, unless done by telephone conference call with all parties present or initiated by the arbitrator, shall be in writing with copies of same being sent to the other party.

 

3.  Adjournments of previously scheduled arbitrations at the request of either the Union or the University shall be only by mutual written agreement, except that the arbitrator may order a new date at the request of either party for good cause and based on reasonable necessity.

 

4.  At the time of the arbitration hearing, both the University and the Union shall have the right to examine and cross-examine witnesses.

 

5.  Upon the request of either the University or the Union, or both, or the arbitrator, a transcript of the hearing shall be made and furnished to the arbitrator, with the University and the Union having an opportunity to purchase their own copy.

 

6.  At the close of the hearing, the arbitrator shall afford the University and the Union a reasonable opportunity to furnish briefs.

 

7.  The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined in Article 42 submitted to the arbitrator consistent with this Agreement and considered by the arbitrator in accordance with this Agreement.

 

8.   The arbitrator shall not have any authority to add to, subtract from, or

otherwise modify any of the terms, clauses or provisions of this Agreement.

 

9.  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 payments the employee may have received, during the employee's period of suspension from employment with the University.

 

10. The fees and expenses of the arbitrator, including the expense of a transcript, if any, 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 thirty (30) calendar day period 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, but not the transcript, if the grievance is sustained by the arbitrator.

 

11. An employee who loses time from his/ her work during assigned working hours when testifying during an arbitration hearing shall do so without loss of time or pay.

 

12. The arbitrator shall render his/her decision in writing as soon as possible.

 

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

 

 

ARTICLE  44

 

MISCELLANEOUS

 

44-1     The parties recognize that there is a certain amount of overlap in work performed by employees in this bargaining unit and work performed by other University employees. It is understood that while certain identified duties may be characteristic of the knowledge and expertise of a classification in this bargaining unit, it is the ability to perform the assignment of the complete variety which distinguishes the members of this bargaining unit from others not in the bargaining unit.  It is not the intent of the University that this overlap adversely affect any employee in this unit.

 

44-2     The term "overlap" is defined as a situation or circumstance when one or more of the job functions and/or characteristic duties of a classification in this bargaining unit are the same as one or more job functions and/or characteristic duties of another University classification, which are regularly performed by University employees outside of this bargaining unit.

 

44-3     No grievance concerning overlap will be processed or accepted unless the grievance specifically identifies an employee(s) who has been laid off or removed. Otherwise, if any overlap issues arise the Union will request a Special Conference which will be convened to discuss the matter.

 

44-4     In addition the University shall provide the Union, no later than March 1st of each year, changes in the number of University employees not in this bargaining unit who are in classifications where such overlap regularly exists.

 

44-5     A supervisor will not perform work assigned to employees in this bargaining unit, unless practical considerations call for the supervisor to perform such work, but it shall not be to the extent that an employee is displaced nor more than what the situation calls for.

 

44-6     No employee properly in the bargaining unit may be transferred out of the bargaining unit without the consent of the employee.

 

44-7     No employee will be required to furnish his/her own tools or equipment.

 

44-8     No employee will be required to use his/her own vehicle to perform a work assignment or to furnish his/her own transportation from his/her assigned reporting location to or from another work location.

 

44-9     Within a seniority group, work regularly and customarily performed by an employee shall not be performed by "temporary help" to the extent that it results in the lay off of an employee.  Neither shall "temporary help" be hired to perform the work of an employee while that employee is laid off, unless that employee is recalled and does not return at the time recalled.

 

(See Memorandum of Understanding-1)

 

44-10    If any provisions of this Agreement shall be found to be contrary to Federal or State Law that portion only shall be null and void and such a determination shall not affect any other portion of this Agreement.

 

 

ARTICLE  45

 

WAIVER

 

45-1     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 that the other shall not be obliged, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement.

 

 


ARTICLE 46

 

TERM OF AGREEMENT

 

46-1     This agreement shall become effective on August 1,2008 and shall remain in full force and effect until and including    July 31, 2011, and thereafter from year to year, unless within the thirty (30) day period immediately preceding June 1, 2011 or any anniversary thereof, written notice of termination is given by either the University or the Union to the other party.

 

Executed this 5th day of November, 2008.

 

For the Regents of the For the University of

University of Michigan    Michigan Skilled Trades Union

 

 

__________________        ___________________

Keith L. Clark            F. Kenneth Chaves

 

__________________        ___________________

Jon Lund                  Richard Clark

 

__________________        ___________________

Richard W. Robben         Jack Haynes

 

__________________        ____________________

Paul Guttman              Robert Melise

 

__________________        ____________________

Lowell Hanson             Tom Williams

 

__________________        _____________________

JoElla Coles              John Farley

 

__________________        _____________________

Stacey Johnson            John Nichols

 

__________________        _____________________

Mike Swanson              Jeff Bentley

 

__________________        _____________________

  Victoria Hueter           Nick Roumel

       

 


APPENDIX A

WAGE SCHEDULE A

Effective July 27, 2008, the Wage Schedule shall be as follows:

 

Pay Grade

Class Code

Classification Title

Start

Three Months

T1

736180

Materiel Expeditor - Trades

$17.74

$18.24

T1A

731520

Mechanical Systems Field Service Specialist

$21.20

$21.70

T2

735280

Heavy Equipment Operator

$23.54

$24.04

T3

735580

Construction Laborer

$24.11

$24.61

 

733370

Painter

 

T4

733380

Painter Incumbent

$27.14

$27.64

T4A

735480

Heavy Equipment Operator Underground Specialist

$27.97

$28.47

 

734170

Roofer

 

 

 

735490

Sanitary & Storm Water Systems Specialist

 

 

 

734800

Telephone Installer/Repairperson

 

 

T5

734180

Roofer Incumbent

$29.85

$30.35

 

733180

Sign Maker

 

 

733280

Spray Painter

 

T6

731480

AC & Refrigeration Mechanic

$30.51

$31.01

 

730280

Cabinet Maker

 

 

730180

Carpenter

 

 

733480

Glazier

 

 

731510

HVAC Control Specialist

 

 

734670

Industrial Electrician

 

 

734000

Industrial Machinist

 

 

734980

Mason

 

 

731580

Pipecoverer

 

 

732980

Plasterer

 

 

731780

Plumber

 

 

731980

Steamfitter

 

 

734820

Telecommunications Specialist

 

T7

734680

Electrician

$30.86

$31.36

 

734650

Fire Alarm Electrician

 

 

733980

Sheet Metal Worker

 

 

731970

Steamfitter/Certified Welder

 

 

737780

Certified Welder

 

T8

735500

Medical Equipment Repairer

$32.22

$32.72

T8A

734750

High Voltage Electrician

$32.76

$33.26

T9

734760

Central Power Plant Electrician

$34.67

$35.17

 

734880

Elevator Mechanic

 

 

T10

 

President

N/A

$38.69

 


 

 

APPENDIX A

WAGE SCHEDULE B

Effective July 26, 2009, the Wage Schedule shall be as follows:

 

Pay Grade

Class Code

Classification Title

Start

Three Months

T1

736180

Materiel Expeditor - Trades

$18.32

$18.82

T1A

731520

Mechanical Systems Field Service Specialist

$21.89

$22.39

T2

735280

Heavy Equipment Operator

$24.31

$24.81

T3

735580

Construction Laborer

$24.90

$25.40

 

733370

Painter

 

T4

733380

Painter Incumbent*

$27.14

$27.64

T4A

735480

Heavy Equipment Operator Underground Specialist

$28.88

$29.38

 

734170

Roofer

 

 

 

735490

Sanitary & Storm Water Systems Specialist

 

 

 

734800

Telephone Installer/Repairperson

 

 

T5

734180

Roofer Incumbent

$30.82

$31.32

 

733180

Sign Maker

 

 

733280

Spray Painter

 

T6

731480

AC & Refrigeration Mechanic

$31.50

$32.00

 

730280

Cabinet Maker

 

 

730180

Carpenter

 

 

733480

Glazier

 

 

731510

HVAC Control Specialist

 

 

734670

Industrial Electrician

 

 

734000

Industrial Machinist

 

 

734980

Mason

 

 

731580

Pipecoverer

 

 

732980

Plasterer

 

 

731780

Plumber

 

 

731980

Steamfitter

 

 

734820

Telecommunications Specialist

 

T7

734680

Electrician

$31.86

$32.36

 

734650

Fire Alarm Electrician

 

 

733980

Sheet Metal Worker

 

 

731970

Steamfitter/Certified Welder

 

 

737780

Certified Welder

 

T8

735500

Medical Equipment Repairer

$33.27

$33.77

T8A

734750

High Voltage Electrician

$33.82

$34.32

T9

734760

Central Power Plant Electrician

$35.80

$36.30

 

734880

Elevator Mechanic

 

 

T10

 

President

N/A

$39.93

*In lieu of a base rate increase, employees in the T4 "Painter Incumbent" classification will receive a one-time lump sum payment of $860.00 in the 8/14/2009 paycheck.

 

 

 

 

 

APPENDIX A

WAGE SCHEDULE C

Effective July 25, 2010, the Wage Schedule shall be as follows:

 

Pay Grade

Class Code

Classification Title

Start

Three Months

T1

736180

Materiel Expeditor - Trades

$18.94

$19.44

T1A

731520

Mechanical Systems Field Service Specialist

$22.63

$23.13

T2

735280

Heavy Equipment Operator

$25.13

$25.63

T3

735580

Construction Laborer

$25.74

$26.24

 

733370

Painter

 

T4

733380

Painter Incumbent*

$27.14

$27.64

T4A

735480

Heavy Equipment Operator Underground Specialist

$29.85

$30.35

 

734170

Roofer

 

 

 

735490

Sanitary & Storm Water Systems Specialist

 

 

 

734800

Telephone Installer/Repairperson

 

 

T5

734180

Roofer Incumbent

$31.85

$32.35

 

733180

Sign Maker

 

 

733280

Spray Painter

 

T6

731480

AC & Refrigeration Mechanic

$32.56

$33.06

 

730280

Cabinet Maker

 

 

730180

Carpenter

 

 

733480

Glazier

 

 

731510

HVAC Control Specialist

 

 

734670

Industrial Electrician

 

 

734000

Industrial Machinist

 

 

734980

Mason

 

 

731580

Pipecoverer

 

 

732980

Plasterer

 

 

731780

Plumber

 

 

731980

Steamfitter

 

 

734820

Telecommunications Specialist

 

T7

734680

Electrician

$32.93

$33.43

 

734650

Fire Alarm Electrician

 

 

733980

Sheet Metal Worker

 

 

731970

Steamfitter/Certified Welder

 

 

737780

Certified Welder

 

T8

735500

Medical Equipment Repairer

$34.38

$34.88

T8A

734750

High Voltage Electrician

$34.95

$35.45

T9

734760

Central Power Plant Electrician

$37.00

$37.50

 

734880

Elevator Mechanic

 

 

T10

 

President

N/A

$41.25

*In lieu of a base rate increase, employees in the T4 "Painter Incumbent" classification will receive a one-time lump sum payment of $1,150.00 in the 8/13/2010 paycheck.

 

APPENDIX  A

 

APPRENTICE RATES

 

1. An employee who is an apprentice shall be paid at a percentage of the top rate as set forth below for the classification for which he/she is an apprentice. Providing satisfactory progress is achieved in his/her academic and on-the-job training, the apprentice shall progress from one step to the next per the applicable schedules below, except the final step to 100% for apprentices under the sixty (60) month step schedule below will be the completion of 8,000 hours, or sixty (60) months, depending on which apprenticeship educational curriculum program the apprentice is participating in, and depending on any licensing obtainment requirements that may be approved by the Joint Apprenticeship Committee for the apprentice’s classification.  In the event that an apprentice does not successfully complete any or all required course work, on-the-job training or final licensing requirements, such step increases, including the final increase, may be withheld for an additional period of time not to exceed six (6) months or until the deficiency is corrected.  Prior to a step increase being withheld, the University will notify the President, who shall be afforded the opportunity to meet and confer with the apprentice and representatives of the University:

 

 

    

For a 48 Month Apprenticeship

Start

18 mons.

30 mons.

42 mons.

48 mons.

 

65%

 

70%

 

75%

 

80%

 

100%

 

             

 

For a 60 Month Apprenticeship

Start

18 mons

30 mons

42 mons

48 mons

54 mons

60 mons

 

65%

 

70%

 

75%

 

80%

 

85%

 

90%

 

100%

 

2. Time off without pay shall not be counted in progressing from one rate to the next in the wage schedule.

 

3. Any apprentice who, as part of an apprenticeship program established by the University, is assigned to participate in classroom training during the normal work schedule of the apprentice shall not suffer loss of time or pay as a result of such participation.

 

4. An apprentice who completes the apprenticeship program will be classified as journeyperson.  Upon successful completion of the apprenticeship, 2 years classification seniority will be given to employees in a 48 month apprenticeship program, and 2½ years to employees under a sixty (60) month step schedule apprenticeship program.

 

(See Memorandum of Understanding-15)

 

LEAD PERSON PAY

 

               An employee who, in addition to or as a substitution for the employee's normal duties and responsibilities, is specifically assigned by the employee's immediate supervisor the responsibility to assign and coordinate the work of not less than three (3) other employees working together as a crew and to see that the assignment runs smoothly and efficiently and to answer to the employee's immediate supervisor for progress or lack of progress and the quality of work being done shall be paid $1.50 per hour in addition to the employee's hourly rate during the period of the employee's 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 and customers, the collection and confirmation of time card data, 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 paragraph shall be construed to mean that an employee must be assigned this responsibility.  Such assignments are solely within the discretion of the University.  However, when consistent with the operating needs and work requirements of the University, such assignments will be offered to employees on a rotating basis to the extent practicable.  An assignment as lead person will not exceed 150 calendar days without the consent of the Trades Board.  The University will notify the Trades Board when any lead person assignment exceeds 120 calendar days.

 

Joint Apprenticeship Committee

 

      Guidance shall be provided to the University Apprenticeship Program by a Joint Apprenticeship Committee, which shall consist of four (4) persons representing the University and four (4) employees representing the Union.  Other persons may attend the meetings of the Committee upon invitation by either party to provide information, technical assistance or educational expertise, but such persons shall have no official voice in the proceedings of the Committee.  The Committee shall meet as it determines, but in no event less than quarterly, to discuss issues of mutual interest and concern regarding apprenticeship.  Meetings shall be arranged by the University Human Resource Office and shall be held during normal working hours. Employees who are Committee members shall not suffer loss of time or pay for attending such meetings.

 

      The Committee shall provide advice and recommendations on the establishment of selection criteria, qualifications for apprentices, selection of apprentices, instructional programs and schedules of necessary on-the-job work experiences, and shall review the progress of apprentices with regard to course work and on-the-job work experience.

 

                    This understanding shall not be construed as adding to or detracting from the provisions of Article 2 (Management Rights) of this Agreement; however, prior to a decision to remove or retain an apprentice, to extend training or to withhold a step increase, the Committee shall be consulted by the University and the Committee shall provide a recommendation on the appropriate action to be taken.  In this regard, and recognizing that problems concerning the performance, attendance or misconduct of apprentices shall be referred to the Committee prior to decision, any disciplinary action taken against an apprentice, including discharge, shall not be subject to the provisions of Article 42 (Grievance Procedure) or Article 43 (Arbitration Procedure).

 

      This Memorandum of Understanding shall remain in effect until August 1, 1993, after which it may be extended by the mutual agreement of the University and the Union.

 

LEAD-PAINT ABATEMENT

 

      In the event that a Construction Laborer or Painter, trained and qualified in lead paint abatement, is assignment to the removal and abatement of lead-based paint for four (4) or more hours in an eight (8) hour shift, the employee will be paid at the Pay Grade 5 job rate for the entire shift.

 

TUNNEL PREMIUM

 

      The Union and the University recognize and agree that the circumstances and working conditions of employees assigned to a regular and recurring schedule of work in the utility tunnels are distinct and unique from those of all other employees.  Based on these considerations, employees whose normal schedule of work requires the performance of work in the utility tunnels for forty (40) hours or more in a bi-weekly pay period shall receive a premium of fifty cents ($.50) per hour for all hours worked.

 

 

 


APPENDIX  B

 

PLANT DEPARTMENT STEWARD

STRUCTURE BY CLASSIFICATION

COMBINATION

 

 

  1.  Heavy Equipment Operator

       Heavy Equipment Operator-Underground

       Specialist

 

  2.  Painter

      Sign Painter

      Spray Painter

      Glazier

 

  3.  Carpenter

      Cabinet Maker

 

  4.  Mason

      Materiel Expediter-Trades

      Plasterer

      Construction Laborer

 

5.  Electrician-Facilities Maintenance Central Shops & Utilities Maintenance

       High Voltage Electrician

      Industrial Electrician (Key Systems & Doors)

      Central Power Plant Electrician

 

6.  Electrician-Construction Services & Facilities Maintenance Zones

       Fire Alarm Electrician

       Industrial Electrician (Radio Shop)

       Elevator Mechanic

 

  7.  Sheet Metal Worker

      Welder

      Industrial Machinist

 

  8.  Roofer

 

  9.  Plumber

      Steamfitter

      Pipecoverer

      Sanitary & Storm Water Systems Specialist

 

  10. Air Conditioning and Refrigeration Mechanic

      Mechanical Systems Field Service Specialist

 

  11. HVAC Controls Specialist

 

12. All classifications where employees start a shift after 12:00 noon and before 8:00 p.m.

 

13. All classifications where employees start a shift after 8:00 p.m. and before 4:00 a.m.

 

 

HOSPITAL STEWARD

STRUCTURE BY CLASSIFICATION

COMBINATION

 

 

1.    Carpenter

      Mason

      Construction Laborer

      Plasterer

 

2.    Electrician

      Industrial Electrician

      Medical Equipment Repairer

 

3.    Plumber

      Steamfitter

      Air Conditioning & Refrigeration Mechanic

      Pipecoverer

 

4.    Painter

 

5.    All classifications where employees start a shift after 12:00 noon and before 8:00 p.m.

 

6.    All classifications where employees start a shift after 8:00 p.m. and before 4:00 a.m.

 

              

 

UNIVERSITY HOUSING FACILITY STEWARD

STRUCTURE BY CLASSIFICATION COMBINATION

 

 

1.  North Campus Housing - all classifications

2.  Central-Hill - all classifications.

 

 

INFORMATION TECHNOLOGY CENTRAL SERVICES

STEWARD STRUCTURE BY CLASSIFICATION

COMBINATION

 

 

  1.  Telephone Installer/Repairperson

    Telecommunications Specialist

  

 

   For all of the Steward Structure locations

   listed above, an Apprentice, for the purpose

   of representation, shall be considered a member

   of the classification for which he/she is an

   Apprentice. 


APPENDIX  C

 

BULLETIN BOARD LOCATIONS

 

 

AREA

 

LOCATION

 

Dearborn

Campus

 

Campus Support Services

 

North

Campus

 

Arbor Lakes-Building 2

North Campus Housing Service Building, West Employee Entrance (two boards)

 

Medical

Center

 

Hospital B-2 Level (B201)

Women's Hospital Maintenance Shop

North Ingalls Building-2nd Floor Shop 

 

Central

Campus

 

Plant-Outside wall of Welding Shop (two boards including one oversized)

 

Flint

Campus

 

Hubbard Building-Lobby next to

Electrician's Shop (not glass  enclosed)

 

Campus     

Zone Areas   

 

A bulletin board will be established

wherever a campus zone maintenance shop is located

.

 

 

 


APPENDIX D

 

OVERTIME UNITS OF DISTRIBUTION

 

 

1.    Plant Operations

     

      Air Conditioning/Refrigeration

      Central Power Plant

      Construction Services

      Elevator Shop

      Facilities Maintenance Electric Shop

      Grounds

      Key Office

      Plant Hospital Maintenance

      Plumbing Shop

      Roofing

      Sheetmetal/Welding

      Tunnel Crew

      Utilities Electric Shop

      Zone Maintenance

        

2.    University Hospital

     

      Biomedical Engineering

      Security

     

3.    University Housing

 

      Central-Hill

      North Campus

 

4.    Flint Campus

 

5.    Dearborn Campus

 

6.    Telecommunications

 

 

 

 

 


MEMORANDUM OF UNDERSTANDING-1

 

"Temporary Help"

 

    It is understood that "temporary help" will not be utilized to the extent an employee is displaced.  In the event that the University hires "temporary help" within any seniority group and in a classification in which there are employees on layoff, the employees on layoff will be considered for employment as such "temporary help" and be given preference over other applicants, provided the laid off employees have the ability to perform competently the work available.

 

    Any employees on lay-off who are hired as "temporary help" will not have their lay-off and/or recall rights affected by being in the status of "temporary help".

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 


MEMORANDUM OF UNDERSTANDING-2

 

Overtime

 

      In the event that applicable state or federal laws or regulations relating to the provisions of Section E of Article 11 should change during the term of this Agreement to provide that such time off may be taken in another pay period than that in which the overtime was worked, the University and the Union agree that, not-withstanding the provisions of Section E of Article 11, such time off may be granted.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

  

 

     


MEMORANDUM OF UNDERSTANDING-3

 

Vacation Recording

 

    During the term of this Agreement, and not- withstanding the provisions of Article 26, Section A, the Union agrees that the University may change the method of recording, calculating and reporting of hours of vacation time from a monthly to a bi-weekly basis, provided the annual vacation time accrued and payable to eligible employees is not reduced.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 

  

     


MEMORANDUM OF UNDERSTANDING-4

 

Union Representation

 

    Notwithstanding the provisions of Article 41, Union and University Representation,

both parties recognize that it is desirable to have persons representing the Union and the

University at the second step of the Grievance Procedure, as provided in Article 42, who participated in the negotiation of this Agreement.

 

    In this regard and during the term of this Agreement, the Union and the University mutually agree to endeavor to have a representative who participated in these negotiations present when a grievance is heard at Step Two of the Grievance Procedure.

 

    This understanding shall not be construed as adding to or detracting from the representation

provided for in Article 41, nor shall it limit or otherwise interfere with the right of the University to determine who shall serve as members of the University Review Committee.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

  

 


MEMORANDUM OF UNDERSTANDING-5

 

Extracurricular Committees

 

    It is understood and agreed that from time to time circumstances exist whereby employees are requested to serve on various extracurricular committees established by the University.  Such assignments shall be voluntary.  When a committee assignment which pertains to matters outside of an employees regular duties or usual work is to be made, volunteers will be requested.

 

    It is further understood and agreed that committee assignments related to an employee's regular duties or usual work, or as that work may relate to the work of others, are not subject to this memorandum of understanding and are specifically excluded from the foregoing provisions.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 

 

 

MEMORANDUM OF UNDERSTANDING-6

 

Audio & Video Recordings

 

    Employee conversations with or statements to or from supervisors and department heads (or equivalent level of supervision) shall not be recorded for any purposes whatsoever without the mutual written consent of all parties present, obtained prior to any audio & video recording occurring.  In the event such mutual consent is obtained, mutually satisfactory arrangements for each party present to obtain a complete and accurate copy of the audio & video recording of the conversation between the supervisor and employee must be agreed upon prior to any audio & video recording occurring, otherwise the consent is void.

 

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 

 


MEMORANDUM OF UNDERSTANDING-7

 

Panel of Arbitrators

 

    Effective with the execution date of this Agreement, the panel of arbitrators as provided for in reference paragraph 43-6 shall be as follows:

 

      1.  Ruth Kahn      

      2   Mario Chiesa

      3.  Paul Glendon  

      4.  Stephen Mazurak

      5.  David Grissom

 

 

 


For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 

MEMORANDUM OF UNDERSTANDING-8

 

Benefits

 

    It is understood and agreed that the Group Life Insurance (Article 31), Group Health Insurance (Article 32), Group Dental Assistance Plan (Article 32), Travel Accident Insurance Plan (Article 33), Long Term Disability Plan (Article 34) and Retirement Plan (Article 35) are and will be as provided by the University.  Notwithstanding the provisions of the above Articles of this Agreement, in the event that the University increases the level of University contribution for any of the above Plans for University employees not represented by a Union the University will increase the contribution level for employees in this bargaining unit to the same extent and at the same time, in accordance with the terms of the Plan(s).

 

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

MEMORANDUM OF UNDERSTANDING-9

 

First Aid Training

 

    The Union and the University recognize that it is in the best interests of both parties that employees receive first aid training both for their own protection and the protection of others.  Accordingly, at the request of an employee and with the approval of the employee's department head (or equivalent level of supervision), an employee may attend basic or advanced first aid courses (including CPR) or other safety education directly related to the employee's job assignments.  Such first aid or safety training will be provided by the University or, in the alternative, the University will pay the cost of tuition, course fees and books required for attendance approved in advance.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 

 

 



MEMORANDUM OF UNDERSTANDING-10

 

Prescription Drug Co-Pays

 

    The University agrees to provide and maintain a $7.00 Generic (tier 1), $14.00 Brand (tier 2), and $24.00 Non-Preferred (tier 3) schedule for prescription drug co-pays through December 31, 2008. Effective January 1, 2009 through December 31, 2011 the University shall provide and maintain the following schedule for prescription drug co-pays:   

 

 

 

Date

Generic

Tier 1

Brand

Tier 2

Non-Preferred

Tier 3

 

 

 

 

1/1/09

$5.00

$15.00

$30.00

       

 

Mail order 90-day supplies are provided for two (2) co-pays.

 

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

MEMORANDUM OF UNDERSTANDING-11

 

Seniority Group Merger

 

 

    In acknowledgment of the maintenance services agreement between Plant Utilities and Maintenance Services (UMS) and the University of Michigan Health System (HHS), the parties agree to merge those employees in the Hospital seniority group who are now working in the Utilities and Maintenance Services Hospital Maintenance Group with the Plant seniority group.

 

    If the maintenance contract terminates the trades employees who are assigned to Utilities and Maintenance Services Hospital Maintenance Group will remain in their positions and will again be designated in the Hospital seniority group.  Trades employees hired at the Hospital after any termination of the service agreement will remain at the Hospital and be included in the Hospital seniority group.

 

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 


MEMORANDUM OF UNDERSTANDING-12

 

Vacation Time Accrual

 

 

    During the term of the Agreement the accrual and recording of vacation time, per paragraph   26-6, may be changed from the beginning of the calendar month to the end of a calendar month.  The Union will be notified six months prior to the effective date of such a change.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

 

 

 



MEMORANDUM OF UNDERSTANDING-13

 

Health Reimbursement Account (HRA)

 

 

    The University established a Health Reimbursement Account (HRA) on January 1, 2006 for members of the Union.  The University will continue to administer and fund the HRA at the current rate of $20.00 per month per employee.

 

    The University has published a booklet on the rules regarding the use of the HRA consistent with IRS regulations.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008

     

 


MEMORANDUM OF UNDERSTANDING-14

 

Meal and Rest Periods

 

 

    In addition to the provisions of paragraphs  9-3 and 9-4, the parties agree that the University may establish a normal schedule of work that would combine one of the two 15 minute paid rest periods with an unpaid meal period that would be 15 minutes in duration.  In such instances, the workday would consist of one paid rest period and a 30-minute meal period, which will be recorded as 15 minutes paid time and 15 minutes unpaid time.  The goal of such a schedule of work is to increase efficiency by reducing from three rest/meal periods to two.  Such a schedule will result in employees leaving work 15 minutes earlier than the schedule contained in paragraphs 9-3 and 9-4.

 

    The University will give 14 days notice to the Union and employees of the start or stop of such a schedule.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008


 

 

MEMORANDUM OF UNDERSTANDING-15

 

Apprentice Training Programs,

 

Electrical - Local 252 

 

   By mutual agreement of the University and the Skilled Trades Board, there will be an experimental alternative training program provided for Electrical Apprentices, whereby they shall receive the classroom portion of their training through the Electrical Apprentice Training Program run by the Ann Arbor Electrical Joint Apprenticeship & Training Committee, Local 252.

 

    The apprentice(s) will attend class one full day (8 hours) every other week, on unpaid time. In order to accommodate this class training, the apprentice’s foreman will adjust their work schedule so that he/she may work eight, nine or ten hour workdays, or a combination of such workdays within a workweek.  It is agreed that the apprentice(s) will not receive overtime for any adjusted work schedule unless he/she works more than ten hours in a day or forty hours in a workweek.

 

    In recognition of the substantially higher cost of this Local 252 apprenticeship training, in comparison with training provided by the University for apprentices in other classifications, and to help ensure completion of the program and return on the University’s investment in the education of the apprentices, the University will require the Electrical Apprentices to sign a promissory note in the amount of $5000 at the beginning of each school year, acknowledging that the apprentice will be required to repay this amount to the University in the event they leave the apprenticeship program, whether voluntarily or not.

 

    At the end of the five year apprenticeship, the apprentice will owe the University of Michigan a total of $25,000, which may be paid in cash or forgiven in $5000 increments for each subsequent year of full-time employment with UM Plant Operations as a journeyperson. These payback provisions for leaving the Apprenticeship Program before completion, or for the journeyperson not


fulfilling their employment obligation to UM Plant Operations are illustrated by the following schedule:  

                            

                           Amount Owed to Apprentice Leaves Program:                        University:

 

During 1st year of apprenticeship      $5,000

 

During 2nd year of apprenticeship      $10,000

 

During 3rd year of apprenticeship      $15,000

 

During 4th year of apprenticeship      $20,000

 

During 5th year of apprenticeship      $25,000

 

 

Employee Leaves                 Amount Owed to

UM Plant Operations:             University:

 

During 1st year as a journeyperson     $25,000

 

After one year as a journeyperson     $20,000

 

After two years as a journeyperson    $15,000

 

After three years as a journeyperson  $10,000

 

After four years as a journeyperson   $5,000

 

After five years as a journeyperson        $0

 

 

If the employee ends employment any time before the completion of five year’s service as a journeyperson, the total amount owed to the University will become due immediately. If facts and circumstances such as layoff, serious illness or death indicate that repayment would cause a hardship, the Joint Apprenticeship Committee (JAC) may make a recommendation that the University defer or forgive all or a portion of the amount outstanding. It is recognized that the University will give due consideration to the recommendation of the JAC, but will retain final discretion in deciding whether or not to defer or forgive payment.

 

 

Plumbing, Pipefitting, and Air Conditioning and Refrigeration Mechanic - Local 190

 

By mutual agreement of the University and the Skilled Trades Union, there will be an experimental alternative training program provided for Plumbing, Steamfitting, or Air Conditioning and Refrigeration Mechanic Apprentices, whereby they may receive the classroom portion of their training through the Plumbing, Pipefitting, and Air Conditioning and Refrigeration Mechanic Apprentice Training Programs run by the United Association Local 190 in their facility at Washtenaw Community College.

 

In recognition of the substantially higher cost of this Local 190 apprenticeship training, in comparison with training provided by the University for apprentices in other classifications, and to help ensure completion of the program and return on the University’s investment in the education of the apprentices, the University will require the Apprentices to sign a promissory note with $3,500 annual increments, acknowledging that the apprentice will be required to repay this amount to the University in the event they leave the apprenticeship program, whether voluntarily or not.

 

At the end of the five year apprenticeship, the apprentice will owe the University of Michigan a total of $17,500 which may be paid in cash or forgiven in $3,500 increments for each subsequent year of full-time employment with UM Plant Operations as a journeyperson.  These payback provisions for leaving the Apprenticeship Program before completion, or for the journeyperson not fulfilling their employment obligation to UM Plant Operation are illustrated by the following schedule:

 

 

                               Amount Owed to

Apprentice Leaves Program:        University:

 

During 1st year of apprenticeship         $ 3,500

 

During 2nd year of apprenticeship         $ 7,000

 

During 3rd year of apprenticeship         $10,500

 

During 4th year of apprenticeship         $14,000

 

During 5th year of apprenticeship         $17,500


 

                                    Amount Owed to

Employee Leaves UM Plant Operations:     University:

 

During 1st year as a journeyperson        $17,500  

After one year as a journeyperson        $14,000

 

After two years as a journeyperson       $10,500

 

After three years as a journeyperson          $ 7,000

 

After four years as a journeyperson      $ 3,500

 

After five years as a journeyperson      $     0

 

 

If the employee ends employment any time before the completion of five year’s service as a journeyperson, the total amount owed to the University will become due immediately. If facts and circumstances such as layoff, serious illness or death indicate that repayment would cause a hardship, the Joint Apprenticeship Committee (JAC) may make a recommendation that the University defer or forgive all of a portion of the amount outstanding. It is recognized that the University will give due consideration to the recommendation of the JAC, but will retain final discretion in deciding whether or not to defer or forgive payment.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008


MEMORANDUM OF UNDERSTANDING-16

 

Paper Disciplinary Layoff

 

 

    It is understood and agreed that “disciplinary action” referenced in Article 40 – Discipline – may include a written reprimand in lieu of a disciplinary layoff (paper DLO).  A paper DLO will be clearly identified as such.  It is further understood that a paper DLO would still be considered a disciplinary layoff for progressive discipline purposes, and would be subject to processing through the grievance procedure in the same manner as a disciplinary layoff.

 

    A paper DLO appealed to arbitration would be held in abeyance at the Union’s option, and without prejudice to the Union until such a time that the grievance is either heard at arbitration or withdrawn by the union.

 

    When the University decides to impose a paper DLO, the president shall be notified and may reject the use of a paper DLO, in which case the paper DLO will revert to a disciplinary layoff.  If the president allows the paper DLO, it will in no way prejudice the Union’s position toward any grievance the Union may file on behalf of the disciplined employee.  Additionally, the president will be afforded the opportunity to meet with the employee and fully explain the paper DLO.

 

 

 

For the Regents of       For the University of

the University of        Michigan Skilled Trades

Michigan                 Union

 

 

 

By:                      By:                    

   Keith L. Clark           F. Kenneth Chaves

 

 

 

 

 

Date:  November 5, 2008