GENERAL PROVISIONS
This
Agreement is negotiated pursuant to the Public Employment Relations Act, Act
No. 336 of the Public Acts of 1947 as amended, to establish the wages, hours,
and conditions of employment for the members of the bargaining unit herein
defined. The Board and the Association
recognize the importance of orderly and peaceful labor relations for the
mutual interest and benefit of the Employer, the Bargaining Unit Members, and
the Association. The Board and the
Association further recognize the mutual benefits of just and expeditious
resolution of disputes which may arise regarding this Agreement; and
accordingly, have included herein a grievance procedure for the effective
processing and resolution of such disputes.
The
Northern Michigan University Board of Trustees, the Employer, hereinafter
referred to as the “Board,” hereby recognizes the Northern Michigan University
Faculty Association (affiliated with the Michigan Association of Higher
Education-Michigan Education Association-National Education Association),
hereinafter referred to as the “Association,” as the exclusive bargaining
representative of all full- and regular part-time Northern Michigan University
Faculty Association faculty members employed or to be employed in the following
classifications: Instructor-TAS,
Assistant Professor-TAS, Associate Professor-TAS, and Professor-TAS with
academic rank; Counselor/Advisor, but excluding any other employees of the
Board of Trustees. Excluded: All others including any other
Administrative/ Professional employees; Executive/Management employees;
supervisors; other employees with academic rank; research assistants; graduate
assistants; tutorial assistants; student employees including work-study employees,
casual employees; temporary employees; and all employees currently represented
by certified bargaining units.
1.3 Bargaining
Unit Members; Faculty Members
The
term “bargaining unit member” or “faculty member” when used hereinafter in this
Agreement shall refer to all members of the designated bargaining unit and
reference shall include both male and female members.
This
Agreement shall prevail over any Board policies or bylaws which are in conflict
with its provisions. Any individual contract
between the Board and an individual bargaining unit member heretofore executed
shall be subject to and consistent with the terms and conditions of this
Agreement.
This
collective bargaining Agreement represents the complete agreement between the
parties and supersedes any and all prior agreements, understandings, customs,
and practices. This Agreement
incorporates all the mutually-agreed-to subjects of negotiation, and both
parties acknowledge that they were free to discuss all matters of concern
dealing with wages, hours, and working conditions. During the term of this Agreement, neither
party will be required to negotiate with respect to any such matters, whether
or not covered by this Agreement and whether or not within the knowledge or
contemplation of either or both of the parties at the time they negotiated or
signed this Agreement. This collective
bargaining Agreement may be amended, modified, or supplemented only by a
written document signed by authorized representatives of both parties.
Special
Conferences for important matters may be arranged between the Association
President and/or the Association President’s designee and the Employer or its
designated representative upon request of either party. Such meetings shall be between two (2)
representatives of the Employer and two (2) representatives of the
Association. Requests for such Special
Conferences shall be made in writing and an agenda of the matter to be taken up
at the meeting shall be presented at the time the Conference is requested. Matters taken up in Special Conferences shall
be confined to those included in the agenda.
This Conference may be scheduled at a mutually convenient time. However, such a Conference will be scheduled
within ten (10) calendar days excluding Saturdays, Sundays, and holidays from
the date of receipt of the written request for such a Conference. This meeting may be attended by a
representative of the State Association.
The
Board agrees to continue to abide by all federal and state laws regarding
discrimination in employment. The Board
will not knowingly discriminate against any member of the Association because
of membership or nonmembership in the Association or for engaging in activities
which may be supportive of or against the Association or any other employee
group, providing such activities do not interfere with the proper performance
of job duties. The Board will not
knowingly aid, promote, or finance any group or organization (other than the
Association) which purports to engage in collective bargaining on behalf of
faculty members in the bargaining unit.
The extent of any aid to the Association shall be as specified elsewhere
in this Agreement. Any claimed breach of
this clause shall be remedied through the procedures provided by law and not
through the grievance procedure.
1.8 The
Association agrees to abide by all federal and state laws regarding
discrimination.
1.9 If
any provision of this Agreement or any application of this Agreement to any
bargaining unit member or employee or group of bargaining unit members or
employees is held to be contrary to law, then such provision or application
shall not be deemed valid and subsisting, except to the extent permitted by law;
but all other provisions or applications shall continue in full force and
effect.
The
Association agrees that it will not authorize, sanction, or support, nor will
any of its members participate in any strike, work stoppage, work slowdown, or
other job action which in any way interferes with the normal operation of the
When
the University determines that employees are not required to report to work, or
to continue working if they have reported, the employees affected will suffer
no loss of pay for the hours not worked.
Those employees who are required to work at times when the University operations are
curtailed due to inclement weather, will be paid their regular salary and will
be given compensatory time off with pay at a later date. Such compensatory time off is to be arranged
with a supervisor and is to normally be used within thirty (30) days of
accrual.
The
University will make a reasonable attempt to notify employees through media
announcements; however, it will not be responsible for unauthorized
announcements. Employees are expected to
contact the Office of Public Safety and Police Services for information on
curtailments.
Employees
on sick leave or a previously scheduled personal leave day will not be given
any additional time off with pay at a later date.
If
work currently being done by faculty members can be performed within the
required time limits and at a cost equal to or less than the cost of
subcontracting the work and at a standard comparable to the subcontracting
work, then such work shall not be subcontracted. However, administrators of the
NMUFA-represented programs may be assigned to perform work which NMUFA faculty
members may perform provided that this assignment does not result in a reduced
assignment to any full- or part-time faculty member or prevent the recall of a
faculty member who has been laid off in full
or part and who is eligible for recall.
1.13 Pronouns of masculine and feminine gender include each
other.
MANAGEMENT RIGHTS
All Management rights and
functions, except those which are clearly and expressly abridged by this
Agreement, shall remain vested exclusively in the University. It is expressly recognized, merely by way of
illustration and not by way of limitation, that such rights and functions
include, but are not limited to:
(1) full and
exclusive control of the Management of the University, the supervision of all
operations, the methods, processes, means, and 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 of
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;
(6) the
right to reassign, at its discretion, administrators to bargaining unit
positions, in accordance with the seniority provisions of this Agreement;
(7) the
right to maintain an orderly, effective, and efficient operation of the
University.
PERSONNEL POLICIES
TYPES OF APPOINTMENTS,
CLASSIFICATION REQUIREMENTS, VACANCIES, PROMOTIONS, AND TRANSFERS
3.1 Bargaining
unit members may be employed under any one of the following types of
appointments:
(a) Term contract
(b) Probationary:
Continuing or Term contract
(c) Continuing
Types
of appointments relate primarily to Articles 3, 6, and 8 of this
Agreement. However, to the extent that
the types of appointments are referenced elsewhere in this Agreement, the three
(3) above-listed appointments only shall apply and “grant” or “grant/contract”
faculty members shall be treated as Term contract faculty members.
3.1.1 Term Contract Appointments
Term
contract appointments shall normally be made for such reasons as late
resignation or illness of regular instructional staff, enrollment requirements,
program demands, replacement for leaves of absence, nonpermanent funding
sources, and to meet specific program needs of business, industry, labor,
agencies, and education. Term
appointments shall generally not exceed two (2) years except in extenuating
circumstances and except for Term contracts permitted by nonpermanent funding
sources.
3.1.2 Term Contract Appointment Posting and Compensation
Job
postings of Term contract positions shall state the duration and conditions of
the Term contract. In accordance with
the provisions of any grant or contract, the Term contract faculty members will
be given the same consideration for salary, fringe benefits, promotions, merit,
and equity to the degree that the grant will allow.
3.2 Probationary
Appointments (Continuing or Term)
These
appointments shall be for a maximum period of three (3) years. For Term contract appointments this means
three (3) years of bargaining unit service with the Employer.
Any
faculty member granted a Continuing appointment, either initially or following
a probationary period, may have the expectation of a Continuing appointment unless
that faculty member is given notice of termination. Normally, faculty members employed on a
temporary labor basis shall not work for more than one (1) semester at a time;
however, for extenuating reasons, which shall be made known to the Association,
this limit may be exceeded.
3.4 Classification
Requirements
General
Education and Experience Provisions:
Only
educational obtainments related to the bargaining unit member’s assigned
responsibilities shall be considered for achievement of or promotion to any
rank or classification.
Only
educational obtainments verified by granting institutions accredited by the
appropriate regional accrediting agency shall be recognized by the Employer for
purposes of hire or promotion. All other
educational obtainments shall be recognized only after evaluation by and
written approval of the Dean of the
Experience
shall mean actual, compensated, full-time (as defined by the Employer or
self-employment as verified by the individual’s IRS form 1040-C returns or
other substantiated documentation satisfactory to the Employer showing
substantial business activity for the taxable year) and verified work
performance in a field or area related to the bargaining unit member’s assigned
responsibilities.
In
determining whether to grant credit for nonacademic training or experience, the
University will consider the guidelines for semester hour equivalents set forth
in Appendix A.
In
determining whether to grant credit for field experience, preference will be
given for technical, industrial, or business experience which identifies
Journeyman level work performed at a licensed or certification level.
The
University may hire qualified substitute faculty members when deemed necessary
by the appropriate administrator. Such
faculty members shall not obtain or accrue bargaining unit seniority nor shall
such a substitute faculty member have any expectation of continued employment
by virtue of such an appointment.
Substitute faculty members will be paid the hourly rate set forth in
Article 16 of this Agreement unless the appropriate administrator determines a
higher rate of pay is necessary to secure a substitute. Payment of a higher rate will at no time set
a precedent for subsequent payments to any substitute faculty member.
The
Paraprofessional classification is adjunct to the professional faculty member
in a classroom setting.
The
faculty member in the Paraprofessional classification will be paid on an hourly
rate.
The
position will require supportive duties in the instructional program without
having the principal responsibilities of major instruction.
Responsibilities
of the position will include, but not be limited to the following:
1. Tutorial
services.
2. Assist
the students and/or faculty member with dangerous and/or sophisticated
equipment.
3. Assist
the students having problems with technical related theory.
4. Assist
the faculty member in demonstrations and major presentations.
5. Substitute
for the faculty member on short demonstrations or presentations while the
faculty member spends time with students who require the faculty member’s
professional attention.
6. Assist
the professional staff in customer service duties and securing instructional
supplies.
Education:
A
Baccalaureate degree or equivalent amount of nonacademic training as determined
by the Employer.
Experience:
At
least three (3) years of field or work experience, plus two (2) years of
teaching experience.
Education:
A
Baccalaureate or equivalent degree, plus thirty (30) semester hours of
additional post-Baccalaureate graduate credit or an equivalent amount of
nonacademic training.
Experience:
At
least three (3) years of field or work experience plus three (3) years of
teaching experience.
Education:
A
Master’s degree, plus thirty (30) semester hours of additional post-Master’s
graduate credit or an equivalent amount of nonacademic training.
Experience:
At
least three (3) years of field or work experience plus four (4) years of
teaching experience.
Education:
A
Master’s degree, plus sixty (60) semester hours of additional post-Master’s
graduate credit or an equivalent amount of nonacademic training.
Experience:
At
least three (3) years of field or work experience plus six (6) years of
teaching experience.
3.4.7 Licensure or Certification
Any
faculty member required to be licensed or certified by any agency of the State
of
3.5.1 In the event that the Employer determines that a vacancy
exists in the bargaining unit, such notice shall be posted pursuant to Sections
3.5.4 through 3.5.7 respectively.
Assignment to such openings shall be made to the applicant who is best
qualified for the position. When an applicant from within the bargaining
unit and an applicant from outside the University are equally qualified, the
bargaining unit applicant shall be given preference. When two (2) or more bargaining unit
applicants are equally qualified, seniority shall govern.
3.5.2 Bargaining unit members who believe that they meet the
minimum classification requirements for appointment as defined in Section 3.4
shall be eligible to apply for such opportunities.
3.5.3 With respect to nonpromotional openings, attendance,
discipline record, training, job skills, education, work experience in a
program where the opening exists, other related work experience, interpersonal
skills, and the overall needs and interests of the University shall be among
the factors in determining the qualifications of an individual for assignment
to a vacant or newly established position.
3.5.4 In order to provide bargaining unit members an
opportunity to apply for bargaining unit position openings, notice of all
bargaining unit position openings will be sent to the President of the Association
by the Office of Academic Affairs seven (7) working days prior to the stated
application closing date.
3.5.5 The Association shall have the responsibility for the
posting of such notices on the Association bulletin board. The notice shall include classification
title, salary grade and salary range, job qualifications, typical
responsibilities, and a stated application closing date.
3.5.6 If two (2) or more people apply for a position, the
faculty member(s) not selected shall be sent written notification of rejection
within three (3) working days after the successful applicant has accepted the
position.
3.5.7 Each individual bargaining unit candidate is responsible
for ensuring that the candidate’s application for an opening accurately sets
forth whatever qualifications the candidate desires to have the Employer
consider in evaluating the candidate’s candidacy, and that the records of the
University or other knowledge made known by the candidate to the University
indicate the candidate’s qualifications for the opening.
3.5.8 Appointment of new hires and Term contract faculty
members to a University position shall receive an appointment letter from the
Provost and Vice President for Academic Affairs specifying the following: effective date and length of employment,
classification, departmental appointment, compensation data, and terms and
conditions of the Term contract if applicable.
3.6 Promotion
Policy and Procedures
3.6.1 Faculty members may, upon application and approval by the
Board, advance from their current rank to the next higher rank in the
progression. Promotions shall be granted
only to faculty members who demonstrate a record of accomplishment in the
judgmental criteria since the last promotion or initial appointment (whichever
is more recent), which reflect significant growth and development required for
the rank for which the faculty member is applying.
3.6.2 Promotion is based on formal education, the updating of
skills and knowledge as defined in Section 3.4, and performance relating to the
three (3) judgmental criteria set forth in this Agreement and expectations
under these criteria as set forth in the departmental bylaws. To be eligible for promotion consideration, a
candidate must have achieved the minimum qualifications for the next higher
rank as specified in this Agreement, and full consideration must be given to
application of the judgmental criteria to promotion requirements as set forth
in the Agreement and the departmental bylaws.
3.6.3 Promotion review shall be conducted in accordance with
the following schedule:
- Faculty
applications for promotion shall be submitted to the Associate Dean by
September 15.
- The
appropriate administrator’s recommendation shall be sent to the Faculty
Advisory Committee (FAC, NMUFA membership only) by October 15. (The individual faculty member’s promotion
application file must be complete by the time the recommendation of the
department is forwarded to the FAC. No additional
materials may be added by the faculty member, department faculty, or an
administrator nor be requested by any faculty committee or academic
administrator except during the investigation of an appeal.)
- FAC
recommendations shall be sent to the Dean of the
- Recommendations
from the Dean of the
- Recommendations
of the Provost and Vice President for Academic Affairs for promotion shall be forwarded
to the Board of Trustees by April 8.
3.6.4 When a faculty member is notified of a recommendation
that is in any way negative, the faculty member shall have an opportunity to
lodge an appeal at the next level of review within fourteen (14) calendar days
of the receipt of such recommendation.
In the event of an appeal, each of the above deadlines shall be extended
thirty (30) calendar days.
3.6.5 If any individual or the FAC fails to submit a
recommendation or response within the time periods specified above, the process
shall proceed to the next step without the benefit of the recommendation,
unless an extension is granted to the faculty member, appropriate
administrator, or the FAC at the next step.
3.6.6 Upon promotion, a faculty member’s new rank and salary
increase takes effect at the beginning of the next regular academic semester
immediately following the action by the Board of Trustees.
3.7 Judgmental
Criteria for Promotion
A
faculty member who requests consideration for promotion shall present in the
faculty member’s annual evaluation information bearing on the quality of the
faculty member’s performance since the faculty member’s last promotion; this
information shall comprise both the written narrative and supporting
documentation in each of the following judgmental criteria:
1. Evidence
of growth in teaching effectiveness, advising effectiveness, and other service
to students (see bylaws for specific criteria).
2. Evidence
of continued growth in professional development and scholarship (see bylaws for
specific criteria).
3. Evidence
of growth and development in professionally related service, including both
academic and external communities (see bylaws for specific criteria).
3.8 Promotion
Application Procedures
3.8.1 The application for promotion will include a written
narrative from ten (10) to twenty-five (25) pages describing the faculty
member’s professional growth and development since the date of appointment or
last promotion (whichever is more recent).
This narrative will address the judgmental criteria as outlined in
Section 3.7 and the departmental bylaws.
Evidence substantiating growth and development in each judgmental
criterion will be placed in an appendix separated by index tabs labeled to
correspond to each of the three (3) judgmental criteria.
3.8.2 The application document shall begin with a general
information Section summarizing the faculty member’s years of service in
previous ranks held at the University or other relevant professional experience
relating to the faculty position currently held.
3.8.3 If the faculty member has completed an additional degree
since the date of appointment or last promotion, whichever is most recent, a
clear statement of the professional growth resulting from that educational
experience must be included.
3.8.4 The application document will then continue with the
narrative describing the faculty member’s performance and contributions
pursuant to each of the three (3) judgmental criteria. This narrative should incorporate and build
upon prior years’ goal statements and formal annual evaluations, because these
evaluations form the cumulative performance record of the faculty member.
3.9 Promotional
Salary Increments
2005-06
Salary
Increments
Instructor-TAS
to Assistant Professor-TAS $1,389
Assistant
Professor-TAS to Associate Professor-TAS $1,943
Associate
Professor-TAS to Professor-TAS $2,776
Promotional
increments for 2006-07 and 2007-08 will be determined by the across-the-board
percentage increase for the AAUP in these years. (See Article 16, Section 16.4.)
3.10 Transfers Due to Illness, Injury, or Handicap
The
University will make a reasonable effort to reassign on a full- or part-time
basis faculty members partially incapacitated as a result of an accident or
disease or faculty members who, because of health, handicap, or other personal
circumstances, are not able to continue in their present position. Such reassignment may be made only to an open
position which the faculty member is capable of performing.
The
regular posting procedure shall not apply to such reassignment.
A
faculty member who is so reassigned will be paid at the rate established for
the position to which the faculty member is reassigned but in no event less
than the faculty member’s current rate or the maximum rate of the pay grade,
whichever is lower.
3.11 Temporary Transfer or Assignment
A
temporary transfer or assignment is defined as the movement of a faculty member
to a position within the same department or to another department due to
sickness, accident, disciplinary layoff, leaves of absence, or sudden and
unexpected fluctuation in a department’s activity. An attempt shall be made to effect such
transfer on a voluntary basis. If there
are no volunteers, the Employer may proceed to effect the transfer. Faculty members are expected to perform the
full range of duties characteristic of the position to which they are
temporarily transferred. It is
understood that it is not the intent of the Employer to erode the bargaining
unit through the use of temporary transfers.
If
the temporary transfer is to a position of higher classification and the
transfer exceeds two (2) weeks, the transferred faculty member will be paid the
minimum rate for the higher classification or the transferred faculty member’s
current salary, whichever is higher, for all the work performed beyond the two-
(2) week period. If the transfer is to a
lower classification, the transferred faculty member will be paid at the
transferred faculty member’s current salary.
A
temporary transfer shall not exceed a six (6) month period, at which time the
transferred faculty member will be returned to the transferred faculty member’s
former position, unless the transferred faculty member is the successful
applicant for the vacated position. If
the position is still required after six (6) months, it will be posted in the
normal manner as provided in Article 3 unless the absent faculty member is
expected to return in the near future, or the fluctuation in the department’s
activity is expected to decrease in the near future. Should outside recruitment prove necessary in
filling a temporary position, faculty members who are laid off and qualified
will be given first consideration. In
the event that two (2) or more laid off faculty members are qualified, seniority
will govern.
ASSOCIATION MEMBERSHIP,
FEES, AND PAYROLL DEDUCTION
4.1 During
the life of this Agreement, and to the extent the laws of the State of Michigan
permit, every faculty member shall choose, as a condition of continuing
employment, one (1) of the following two (2) options:
(a) If
a faculty member is a member of the Association or decides to become a member
of the Association, then the faculty member shall tender to the Association
periodic and uniformly required Association dues.
(b) If
a faculty member does not wish to become a member of the Association, then the
faculty member shall tender to the Association a service charge in an amount
not greater than periodic and uniformly required Association dues.
4.2 The
amounts described in Section 4.1 shall begin with the month following:
(a) thirty
(30) calendar days after the execution date of this Agreement; or
(b) thirty
(30) calendar days after employment in the bargaining unit, whichever date is
the later, and shall be tendered monthly thereafter.
4.3 No
faculty member shall be terminated under Section 4.1 of this Article unless:
(a) the
Association has first notified the faculty member by letter, explaining that
the faculty member is delinquent in not tendering either Association dues or
service charge, and specifying the current amount of such delinquency, and
warning the faculty member that unless such dues or service charge is tendered
within thirty (30) calendar days, the faculty member will be reported to the
University as provided in this Article; and
(b) the
Association has furnished the University with written proof that the procedure
of Subsection (a) of Section 4.3 of this Article has been followed or has
supplied the University with a copy of the letter sent to the faculty member
and notice that the faculty member has not complied with the request. The Association must specify the following by
written notice:
“The
Association certifies that _______________ has failed to tender either the
Association dues or service charge required as a condition of continued
employment under the collective bargaining Agreement.”
4.4 The
University will notify the Association in writing within ten (10) working days
of the receipt of an acceptance of appointment by a new bargaining unit member.
4.5 Dues
or Service Charge Check Off
During
the life of this Agreement and to the extent the laws of the State of
4.6 The
initial deduction for any faculty member shall not begin unless both:
(a) a
properly executed “Voluntary Authorization for Deduction of Association Dues or
Service Charge” form and
(b) the
amount of the dues or service charge certified by the Association’s Financial
Officer has been delivered to the University at a place designated by the
University at least thirty (30) calendar days prior to the last payday of the
calendar month. Changes in the amount of
the monthly Association 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 payday of the calendar month before the change
will become effective.
4.7 A
faculty member may revoke the faculty member’s “Voluntary Authorization for
Deduction of Association Dues or Service Charge” form only as provided by the
terms of the faculty member’s voluntary authorization.
4.8 All
sums deducted by the University shall be remitted to the Association’s
Financial Officer at an address given to the University by the Association once
each month by the 15th calendar day of the month in which the deductions were
made, together with a list of the names and the amount deducted for each
faculty member for whom a deduction was made.
The list shall also identify “new faculty members” and faculty members
deleted since the last listing with an explanation of the changes.
4.9 The
Association agrees to make whatever adjustments are necessary directly with a
faculty member who may, as a result of this deduction procedure, pay more or
less than the Association’s dues or service charge.
4.10 The University shall not be liable to the Association by
reason of the requirements of this Article for the remittance of payment or any
sum other than that constituting actual deductions made from the pay earned by
the faculty member. In addition, the
Association 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.
VOLUNTARY AUTHORIZATION
FOR _DEDUCTION OF ASSOCIATION DUES OR SERVICE CHARGE
Name__________________________________________________________________________________________
(type or print)
Social Security No. _______________________ Department
____________________________________________
I authorize the University to
deduct from wages earned or to be earned by me, monthly Association Dues
__________ or Service Charge __________ (check one) as certified to the
University by the Association’s Financial Officer, and to remit the same to the
Association at such time and in such manner as may be agreed upon between the
University and the Association.
The authorization and direction
shall be irrevocable for the period of one (1) year from the date of delivery
to the University or until termination of the collective Agreement between the
University and the Association 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, and shall be
irrevocable for successive periods of one (1) year each or for the period of
each succeeding applicable collective Agreement between the University and the
Association, whichever shall be shorter, unless written notice is given by me
to the University at least thirty (30) calendar days prior to the expiration of
each period of one (1) year, or of each applicable Collective Agreement between
the University and the Association whichever occurs sooner.
I understand that if I have
authorized a service charge deduction in lieu of Association dues, I have the
right, if I so choose, to inform the Association that I object to any portion
of the service charge being used for purposes not related to the negotiation
and administration of the collective bargaining Agreement in force between the
Association and the Employer. I further
understand that in the event I so object, the Association, according to
internal policies of the MEA-NEA, must account for and refund to me the portion
of the service charge not related to the negotiation and administration of the
Agreement.
________________________________________________ Signature of Faculty Member
________________________________________________ Address of Faculty Member
________________________________________________ Date of Signing
________________________________________________ Date of Delivery to University
REPRESENTATION
5.1 The
Association shall be afforded:
(a) The
right to send through the regular University campus mail service newsletters
and such other communications as are necessary to the conduct of the
Association’s business as a collective bargaining agent, provided such use of
the mail shall not cause an unreasonable load on the system.
(b) The
Employer will provide an enclosed bulletin board that may be locked which may
be used by the Association for posting notices of the following types:
1) Notices
of Association recreational and social events
2) Notices
of Association elections
3) Notices
of results of Association elections
4) Notices
of Association meetings
The
Association shall have the exclusive right to the use of this bulletin
board. In the event a dispute arises
concerning the appropriateness of material posted on the bulletin board, the
President of the Local Association will be advised by the Director of Human
Resources of the nature of the dispute and the notices or bulletins in question
will be removed from the bulletin board until the dispute is resolved.
(c) The
privilege of scheduling monthly Association meetings and meetings for the
purpose of ratification on campus in appropriate facilities, provided written
requests for such space are made a reasonable time in advance and suitable
facilities are available at the time requested, and the Association conforms to
all regulations established by the Employer.
The Employer reserves the right to charge a reasonable fee for any
set-up or clean-up costs incident to provision of such space.
(d) The
privilege of contracting, at the same rate charged to registered campus
organizations, for such of the following services as are needed for the
Association’s conduct of its business as a collective bargaining agent: printing address labels, label affixing,
material folding and insertion, duplicating, copying, audio-visual, and food;
provided, however, that time and material are available at the time requested and
that provision of such service does not interfere with normal University
operations.
5.2 The
Board will provide the Association with such additional information from its
records as is necessary to enable the Association to carry out its function of
bargaining with respect to wages, hours, and conditions of employment of
bargaining unit members; provided, however, that this provision shall not be
construed to require the Board to prepare or
develop information for the Association or to provide information in any
form other than that of copies of already existing records.
5.3 The
rights granted herein to the Association shall not be granted or extended to
any competing labor organization, except as may be otherwise required by law.
5.4 Before
appointing any bargaining unit members to any committees, task forces,
councils, or other advisory or policy-making bodies created or maintained by
the Board, the Board will seek recommendations for such appointment from the
Association.
5.5 The
Local Association shall specify in writing those duly authorized
representatives of the Association and/or any MEA-NEA representative(s) who
may transact Association business.
5.6 Designated
officials of the Association shall be allowed released time with pay for
official business of the Association provided that the faculty member has given
to the faculty member’s supervisor and the designated representative of the
Office of the Provost and Vice President for Academic Affairs written notice of
not less than seven (7) working days, and further provided that the faculty
member’s absence from the job will not interfere with the normal operation of
the School of Technology and Applied
Sciences programs and services. Such
released time shall not exceed a combined total of five (5) days per contract
year for all Association officials and shall be granted to not more than two
(2) faculty members at any one (1) time.
Additional unpaid released time may be granted for official Association
business provided that written notice of not less than seven (7) working days
is given to the supervisor and the designated representative of the Office of
the Provost and Vice President for Academic Affairs and further provided that
such absence will not interfere with the normal operation of the School of
Technology and Applied Sciences programs and services.
5.6.1 The Association President shall be afforded four (4)
credit hours on a released–time basis to be allocated by the Provost and Vice
President for Academic Affairs each semester.
Prior to the beginning of each semester, in coordination with the Associate Dean of the
5.7 When
contract negotiations are conducted during regular working hours, released time
shall be provided for the Association’s negotiating committee.
5.8 Neither
party in any negotiations shall have any control over the selection of the
negotiating or bargaining representatives of the other party. The parties mutually pledge that their
representatives will be clothed with all necessary power and authority to make
proposals, consider proposals, and make concessions in the course of negotiations.
5.9 There
shall be two (2) signed copies of any final Agreement. One (1) copy shall be retained by the Board
and one (1) by the Association.
5.10 The Association may schedule a two- (2) hour meeting for
members of its bargaining unit during the annual orientation process at the
beginning of the academic year.
REDUCTION OF WORK
FORCE—LAYOFF/RECALL
6.1 In
the event the Employer determines that it is necessary to reduce the number of
Continuing contract faculty members, or to discontinue a position to which such
a faculty member is assigned, or to eliminate a program or department in whole
or in part, or to reorganize a program or department in whole or in part,
whether due to lack of work, reallocation of resources, change in institutional
priorities, general or specific declines in student enrollment, efficiency or
economy of operations, budgetary reductions, or similar reasons, the Employer
agrees to provide the affected Continuing contract laid-off faculty member and
the Association with the following periods of notice:
(a) 0 - 1 year
of service: 2 weeks’ notice
(b) 1 - 3 years
of service: 30 days’
notice
(c) 4 - 6 years
of service: 60 days’ notice
(d) 7 - 9 years
of service: 90 days’
notice
(e) Over 10
years of service: 6 months’ notice
The
decision as to the number of faculty members to be laid off shall not be
grievable. The notice provisions of
Section 6.1 do not apply to Term contract faculty members. However, to the extent possible (limited to
the time remaining on the Term contract faculty member’s contract when the
decision not to reappoint is made), a Term contract faculty member will be
provided notice on a similar basis.
6.1.1 Upon inquiry by any bargaining unit member, the
University will make reasonable efforts to keep the bargaining unit member
informed about the status of grant renewals.
In addition, the University will promptly notify affected bargaining
unit members of renewals when such notice is received by the University from
the granting agency.
6.2 Prior
to the implementation of a layoff of any particular full-time faculty member, a
reduced assignment may be offered.
Continuing
contract faculty members shall not be laid off or offered a reduced assignment
until after the options below, if applicable, are considered:
(a) Supplementation
of teaching with nonteaching duties
(b) Transfer
to a vacant nonteaching position
(c) Reassignment
to another department
(d) Shared
load between departments
(e) Retraining
(f) Early
retirement (buy-out)
If
a reduced assignment is accepted, the faculty member’s full medical insurance
coverage will be maintained for one (1) semester while the faculty member is on
a reduced assignment.
6.3 In
the event of a layoff, the Employer shall inform the Association President of
its contemplated actions. Such notice
shall be given at least ten (10) days prior to any layoff notices being sent to
bargaining unit members. If the
Association so requests, the Employer shall meet with the Association prior to
the mailing of any layoff notices. At
such meetings, the Association may present to the Employer for consideration by
the Employer any suggestions it may have regarding the layoff or how it will be
accomplished.
6.3.1 Within ten (10) working days of issuing layoff notices to
a bargaining unit member, any affected bargaining unit member must request, in
writing, an opportunity to exercise the bargaining unit member’s seniority
rights under this Agreement or the right will be deemed to be waived. Within fifteen (15) working days of issuing
layoff notices, the Employer shall convene a meeting to afford each bargaining
unit member who has so requested the opportunity to exercise the bargaining
unit member’s seniority rights. In the
event the bargaining unit member has qualifications and experience at least
equal to another less senior bargaining unit member, the bargaining unit member
shall be allowed to displace the less senior bargaining unit member and the
Employer shall notify the displaced bargaining unit member and that bargaining
unit member shall be afforded the same opportunity to exercise seniority if
that bargaining unit member so desires.
Such a notice of bumping shall not be deemed a layoff notice, and the
bargaining unit member so displaced shall cease the bargaining unit member’s
employment at the University not later than the work day on which the
bargaining unit member receiving the original layoff notice would have been
laid off had the bargaining unit member receiving the original layoff notice
not been able to successfully exercise that bargaining unit member’s seniority.
Bargaining
unit members who bump into Term contract positions funded by grants or
contracts, shall be employed in such a position on the first working day
following the termination of the then current grant or contract when the
University has received formal notice that the grant or contract funding the
position has been extended or renewed.
6.3.1.1 For purposes of Sections 6.3.1 and 6.5, the University shall
determine whether a bumping bargaining unit member has qualifications and
experience at least equal to another less senior bargaining unit member by
reviewing the full range of duties to which the less senior bargaining unit
member may be assigned. The University
academic administrator making such a determination is strongly encouraged to
consult with other departmental faculty when reviewing the qualifications and
experience of the bumping bargaining unit member.
6.4 If
a layoff begins before the required period of written notice is satisfied, the
affected faculty member shall be paid salary, and fringe benefits shall be
continued for the balance of the required notice period. Salary and fringe benefits will not be
provided by the Employer after the required period of written notice has been
satisfied. However, a faculty member who is laid off may contact
the Human Resources Department to make arrangements for the continuation of
group life insurance. Federal law
provides for the continuation of health insurance benefits as a result of a
layoff or other terminations of employment.
Details are available from the Human Resources Department.
6.5 Term
contract faculty members without seniority can not bump Continuing contract
faculty members. A Term contract faculty
member may be bumped at the end of the Term contract faculty member’s then
current appointment period by either (a) a Continuing contract faculty member
with more years of service in the bargaining unit who is fully qualified to
perform the specific duties of the Term contract position or (b) a Term
contract faculty member with more years of service in the bargaining unit who
possesses qualifications equal to or greater than the faculty member to be
bumped.
6.5.1 A Continuing contract faculty member who successfully
bumps into a Term contract position shall retain Continuing contract rank,
recall, and seniority rights for up to two (2) calendar years. Such a faculty member may not, however,
exercise recall rights during the faculty member’s period of appointment to a
Term contract position. It is also
agreed that retention of rank is not a guarantee of the same salary rate the
faculty member earned in the Continuing contract position.
6.5.2 In the event a Continuing contract faculty member is laid
off as a result of the elimination of a general fund position, then the duties
of that position shall not be replaced by use of a Term contract position. If, however, nonpermanent funding monies
become available specifically for that position, then the position will be
first offered to the laid off faculty member.
The
ability of the program to fulfill its assigned instructional/service
responsibilities must be maintained. In
the event that a layoff is necessary, and further provided that the bumping
faculty member and the remaining faculty members must be qualified and able to
perform the available work, faculty members will be laid off in the following
order, unless it can be demonstrated that the program would be adversely
affected by this specific layoff sequence.
If
the layoff of a Continuing contract faculty member is necessary:
(a) Probationary Continuing contract faculty
members
(b) Full-time Continuing contract faculty members
If
the layoff of a Term contract faculty member is necessary:
(a) Part-time Term contract faculty members
(b) Probationary Term contract faculty members
(c) Full-time Term contract faculty members
Subject
to the above considerations, within an affected classification in a department,
the faculty member with the least seniority will be subject to layoff provided
that the remaining faculty members have the ability to perform the available
work.
6.5.3 Full-time Term bargaining unit members, with seniority,
who are offered an assignment which is less than full time shall be deemed to
have been laid off and may exercise their seniority rights to bump a less
senior bargaining unit member as provided in Article 6. This provision shall only be construed to
allow a more senior bargaining unit member to bump a less senior bargaining
unit member from the less senior bargaining unit member’s entire position not
to add to the reduced time assignment.
(a) Faculty
Members with Seniority
When
an opening occurs in a position from which a
faculty member with seniority has been laid off, a faculty member laid
off from that position shall, during a period of two (2) years or length of
service, whichever is shorter, from the date of that faculty member’s layoff,
be eligible for recall for such an opening.
If, in the judgment of the Employer, two (2) or more Continuing contract
faculty members on layoff are equally qualified for the job opening, the most
senior faculty member shall be offered the job first. All rights to recall shall terminate either
upon the expiration of two (2) calendar years from the date of layoff or length
of service, whichever is shorter, or in the event that a laid-off faculty
member does not report for work within ten (10) working days after the date on
which the notice of recall is mailed by certified mail to the last address
supplied to the University by the faculty member, whichever date occurs
first. It shall be the bargaining unit
member’s responsibility to provide a current address where the bargaining unit
member may be reached in the event a position in the bargaining unit member’s
field of specialization becomes available.
(b) Term
Contract Faculty Members
Bargaining
unit members in Term contract positions which have terminated shall, for a
period of two (2) calendar years from time of termination or length of
continuous service, whichever is shorter, be entitled to recall rights for new
Term contract positions for which they are fully qualified (including
possession of proper certification if required), that may become available in
the School of Technology and Applied Sciences provided they received
satisfactory evaluations while on a Term contract appointment. All rights to recall shall terminate either
upon the expiration of two (2) calendar years from the date of layoff or length
of service, whichever is shorter, or in the event that a laid off faculty
member does not report for work within ten (10) working days after the date on
which the notice of recall is mailed by certified mail to the last address
supplied to the University by the faculty member, whichever date occurs
first. It shall be the bargaining unit member’s
responsibility to provide a current address to the Human Resources Department
where the bargaining unit member may be reached in the event a position in the
bargaining unit member’s field of
specialization becomes available. Recall
rights end when a position is offered by the University and is not accepted by
the former faculty member.
6.7 It
is mutually agreed and understood that “fully qualified” for the purpose of
Section 6.6(b) includes the current expertise necessary to meet the position
requirements without any training period.
A brief orientation period will be afforded a Continuing contract
faculty member bumping into a term contract position.
GRIEVANCE PROCEDURE
7.1 A
grievance is a complaint by the Association, on behalf of one (1) or more
bargaining unit members or in its own behalf, concerning an alleged violation
of a specific provision(s) of this Agreement.
The grievance shall identify the members of the bargaining unit on whose
behalf it is brought. If the Association
brings a grievance on its own behalf, it shall state that it is being filed on
behalf of every member of the Association.
All grievances shall be adjusted through the grievance procedure
provided in this Article.
7.2 In
computing any time limit herein specified, Saturdays, Sundays, and holidays
will be excluded. Unless extended by
mutual written agreement, the time limits specified herein shall be the maximum
time allowed. Failure to comply with
time limits on the part of the Board’s administrative agent shall permit the
grievance to proceed to the next step.
If the appropriate management representative at any step advises the
grievant or the Association representative that the management representative
does not have the authority to respond to the grievance, then the grievance
will automatically proceed to the next step.
A
bargaining unit member (or group of members) who claims that the contract
provisions have allegedly been violated shall initially seek to resolve the
problem by informal means and/or through administrative channels with, however,
the right to prompt reply to the bargaining unit member’s inquiries.
(a) Informal
Verbal
The
bargaining unit member (or group of members) will verbally discuss the alleged
violation with the bargaining unit member’s immediate supervisor.
(b) Formal
Written
Failing
resolution of the alleged violation by informal verbal means, the Association
shall initiate the grievance procedure by serving a written grievance to the
grievant’s immediate supervisor. The
grievance shall be signed by the appropriate Association representative, and
the bargaining unit member(s) involved shall concisely state the facts upon
which the grievance is based and the contract provisions which have allegedly
been violated and shall specify the relief or remedy sought. The grievance shall be filed within ten (10)
working days after the Association or bargaining unit member(s) on whose behalf
the grievance is filed became aware, or reasonably should have become aware, of
the action complained of. If the
grievance is not served within that time, the grievance is barred.
The
immediate supervisor will arrange a meeting to discuss the grievance with the
appropriate representatives of the Association.
The discussion will take place within ten (10) days after the grievance is filed. The immediate supervisor will provide the
Association with a written, mutually agreeable adjustment or a denial of the
grievance within seven (7) days of the meeting with the Association.
If
the grievance is not adjusted in Step I, the Association may, within ten (10)
days of the Step I written answer, submit the grievance to the Dean of the
If
the grievance is not adjusted in Step II, the Association may, within ten (10)
days of the Step II written answer, submit the grievance to the Provost and
Vice President for Academic Affairs or the Provost and Vice President’s
designated representative. The Provost
and Vice President for Academic Affairs shall promptly arrange a meeting to
discuss the grievance and the written answer and appeals. The Association may be represented by its
President, or designated representative, by the grievant and/or Association
Steward, and by the Association’s MEA representative. This discussion shall be completed within
fifteen (15) days after the filing of a request to have the grievance
considered in Step III. If the grievance
is satisfactorily adjusted, the adjustment will be reduced to writing and
signed by the appropriate representatives of the Board and the
Association. If there is no mutually
agreeable adjustment, the Provost and Vice President for Academic Affairs or
the Provost and Vice President’s designated representative shall provide the
Association with a written answer stating the reasons for denial of the
grievance. Such answer shall be provided
within seven (7) days of the meeting with the Association.
7.6 Step
IV: Binding Arbitration
If
the grievance is not satisfactorily adjusted in Step III, the Association may
submit the grievance to binding arbitration by written submission to the
American Arbitration Association (
7.7 Any
adjustment of a grievance agreed upon by the Board and the Association at any
stage of the grievance procedure shall conclusively dispose of the grievance and shall be binding upon the
Board, the Association, and any bargaining unit member(s) involved.
7.8 Failure
by the Association to appeal a grievance from one step to the next within any
of the time limits specified above shall result in the grievance being settled
on the basis of the Employer’s last answer.
If mutually agreed to in writing by the Association and the Vice
President for Academic Affairs, a grievance may be initiated at a step other
than Step I of the grievance procedure.
However, this does not relax any of the time limitations. The Association may withdraw a grievance
without prejudice and without establishing a precedent at any step of the
grievance procedure.
7.9 The
Board and the Association may agree to expedited, streamlined, or any other
arbitration procedures, on a case-by-case basis. In the event there is no mutual consent to
modified procedures, then the arbitrator will be selected and the arbitration
will be conducted under the then current Labor Arbitration Rules of the
American Arbitration Association.
7.10 The arbitrator’s decision shall be final and binding
upon the Board, the Association, and any bargaining unit member(s) involved and
may be enforced in any court of competent jurisdiction. The arbitrator’s decision shall be based
solely upon the express and specific provisions of this Agreement.
7.11 The Board and the Association will bear their own
expenses individually including transcripts, if ordered, and will share equally
the fees and expenses of the arbitrator.
7.12 Powers of and limitations upon the arbitrator are as
follows:
(a) The
arbitrator shall have no power to add to, subtract from, disregard, alter, or
modify any of the terms of this Agreement.
(b) Arbitration
awards will not be made retroactive beyond the date of the occurrence or
nonoccurrence of the event upon which the grievance is based. In no event shall monetary adjustments cover
a period prior to ninety (90) days before the filing of the written grievance.
(c) Where
there has been no loss of wages or fringe benefits caused by the action of the
Board complained of, the arbitrator shall not recommend that the Board be obligated
to make monetary adjustments.
SENIORITY
8.1 Probationary
and Term contract faculty members shall not have seniority in the bargaining
unit until the following conditions have been met:
8.1.1 Probationary faculty members must successfully complete a
probationary period for the first two (2) calendar years of their continuous
regular full- or part-time (i.e., half time or more) employment. The probationary period may be extended up to
one (1) additional year if the faculty member receives less than a satisfactory
evaluation or if specific concerns are identified in the evaluation
process. The probationary period may be
extended a fourth calendar year by mutual consent of the Board and the
Association. When a faculty member
completes the probationary period, the faculty member shall be entered on the
seniority list of the bargaining unit, with seniority retroactive to the date
of hire. There shall be no seniority
among probationary faculty members. The
discharge of a probationary faculty member, except for Association activity,
shall be nongrievable.
8.1.2 Term contract faculty members will be granted seniority
provided they have completed eight (8) semesters of full-time employment with
the University and have a full-time appointment for the following year. Such seniority will be retroactive to the
start of the period of consecutive full-time employment. Term contract faculty members hired in a
full-time Continuing contract position will be granted bargaining unit
seniority retroactive to the date of hire in a half-time position or more. Term contract faculty members shall not be
deemed to have any seniority except as provided in this section.
8.2 Seniority
shall be measured by credits earned on seniority year basis. The seniority year shall run from August 25
to August 24 of the following calendar year.
A maximum of two (2) seniority credits can be earned for each seniority
year. Bargaining unit members who work
less than half time in a seniority year will earn no seniority credits. Bargaining unit members who work half time or
more for the seniority year will earn seniority credits on a pro rata basis.
8.3 For
the purposes of earning seniority credits only, full time is defined as
follows:
8.3.1 A minimum of twenty-two (22) semester credit hours of
assigned instructional work per the University Academic Calendar, or
8.3.2 Forty (40) hours per week of noninstructional work for
nine (9) months (e.g., two [2] academic semesters) per year per the University
Academic Calendar.
8.3.3 Twenty-five (25) teaching contact hours per week for ten
(10) months per year per the Marquette-Alger Regional Educational Service
Agency (MARESA) contract calendar.
8.4 Any
combination of assignments may be used to earn up to the maximum of two (2)
seniority credits for the seniority year.
8.5 For purposes of distinguishing seniority among faculty members who have earned the same number of seniority credits, the faculty member with the earli