Section A Description of the Unit
Pursuant to and in accordance with all applicable provisions of Act 379 of the Public Acts of 1965, as amended, the Employer does hereby recognize the Union as the sole and exclusive representative for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment for the term of this Agreement of all regular employees; excluding (1) Employees regularly scheduled to work less than twenty (20) hours per week, (2) Clerical/Technical personnel, (3) Supervisory personnel, (4) Management personnel, (5) Administrative personnel, (6) Professional personnel, (7) Academic personnel, and (8) Student personnel.
Section B Definitions
1. The terms "employee" and "employees" as used in this Agreement shall mean only an employee or employees within the bargaining unit described in Section A.
2. The term "temporary employee" shall mean any individual, or individuals, whose employment is for any purpose described in (a) through (b) below. Employment of a temporary employee shall not exceed six (6) months in any twelve (12)-month period. After a temporary employee has worked six (6) months in any twelve (12)-month period, that individual shall not be eligible to be hired by the Employer to do any work normally done by this bargaining unit for a period of three (3) calendar months. The Employer will notify the Union in writing within ten (10) calendar days of the hire of a temporary employee. Such notification will indicate the job classification and location of the temporary employee. The employment of individuals pursuant to a grant/contract funded position is dealt with in Section C, below, and is not "temporary employment" within the meaning of this Section. Employees in this category shall not be used to circumvent Article 17, Sections B.
(a) Augmenting the regular work force of employees to meet the requirements of the Employer that may be occasioned by increased workloads or other conditions that may create short-term staffing shortages; or
(b) Staffing specific short-term projects such as those which are seasonal in nature (including but not limited to planting seeds and trees, snowplowing, spring cleaning, etc.).
3. The term "substitute employee" shall mean any individual or individuals whose employment is for the purpose of relieving employees who are absent due to reasons such as sickness or injury, leave of absence, or vacation.
4. The term "student employee" shall refer to any individual or individuals enrolled in an educational program or who have made a commitment to enroll in an educational program. It is understood that such an individual's status as a "student employee" will not be affected, though not enrolled, when working during the following periods:
a. between consecutive terms
b. during the spring-summer term (May-August)
5. A regular "full-time employee" is an employee who is assigned to work one thousand five hundred and sixty (1,560) hours or more per year, excluding overtime. A regular "part-time employee" is an employee who works a minimum of twenty (20) hours a week or more but less than thirty (30) hours a week, excluding overtime.
Section C Grant/Contract Appointments
Job postings of grant/contract funded positions shall state the duration and conditions of the grant contract. In accordance with the provisions of the grant, grant employees will be given the same consideration for salary and fringe benefits to the degree that the grant will allow.
Grant employees will not obtain unit seniority. However, grant employees hired in a full-time general fund position will be granted unit seniority retroactive to the date of hire in a regular position.
Termination or layoff of any grant/contract employee due to expiration or reduction of grant funding shall not be grievable.
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, 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 just cause; and (6) to maintain an orderly, effective, and efficient operation of the University.
The University and the Union agree that there will be no unlawful discrimination in the application of this Agreement because of nonrelevant factors of height, weight, religion, race, color, national origin, marital status, sexual orientation, familial status, veteran status, disability, age, or sex. It is understood that reference to the male gender includes females as well.
The Employer will not aid, promote, or finance any labor group or organization which purports to engage in collective bargaining or make any agreement with any such group or organization for the purpose of undermining the Union.
The Employer shall not discriminate against, intimidate, restrain, or coerce any employee because of or with respect to the employee's lawful union activity or the employee's membership or nonmembership in the Union.
During the term of this Agreement, the Union agrees that it will not engage in or sanction or physically support any strike, work stoppage, work slowdown, or other job action which in any way interferes with the normal operation of the University. The Board agrees that it will refrain from locking out members of the bargaining unit or from any threat thereof.
Requirements of Union membership. To the extent that the laws of the State of Michigan permit it is agreed that:
Employees covered by this Agreement at the time it becomes effective and who are members of the Union at that time shall be required as a condition of continued employment to continue membership in the Union for the duration of this Agreement.
Employees covered by this Agreement who are not members of the Union at the time it becomes effective shall be required as a condition of continued employment to become members of the Union for the duration of this Agreement, effective thirty (30) days after the date of hire.
Employees hired, rehired, reinstated, or transferred into the bargaining unit after the effective date of this Agreement and covered by this Agreement shall be required as a condition of continued employment to become members of the Union for the duration of this Agreement, effective thirty (30) days after the date of hire.
An employee who shall tender an initiation fee (if not already a member) and the periodic dues uniformly required as a condition of acquiring or retaining membership shall be deemed to meet the condition of this Section as of the completion of their thirtieth (30th) day of work.
Notwithstanding the provisions of Section A through D, immediately above, it is agreed that if the tenets of an employee's religious faith or strong personal convictions, genuinely held, object to the payment of Union dues, the employee may satisfy the employee's obligation under this Article by contributing an equivalent amount of money to a charitable organization of the employee's choice or the Northern Michigan University Development Fund. An employee deciding to avail herself/himself of this exception shall provide the Employer, the President of the Local, and the Council Staff Representative with a detailed written statement supporting the claimed exemption, and shall have the burden of persuasion with regard to this question. However, the employee may be retained at work while the dispute is being resolved.
The Employer will furnish the Union a list of new employees who are eligible to belong to the bargaining unit within ten (10) days after hire.
Employees may tender the initiation fee uniformly required as a condition of acquiring membership in the Union and monthly membership dues by signing the Authorization for Check-Off of Dues Form.
Check-Off Form: During the life of this Agreement and in accordance with the terms of the form of Authorization of Check-Off of Dues hereinafter set forth and to the extent the laws of the State of Michigan permit, the Employer agrees to deduct Union membership dues or an amount established by the Union as a service fee in lieu of dues levied in accordance with the Constitution and Bylaws of the Union from the pay of each employee who executes or has executed the Union's "Authorization for Check-Off of Dues" or service fees form.
Deductions shall be made only in accordance with the provisions of said Authorization for Check-Off of Dues or service fees, together with the provisions of this Agreement. The Employer shall have no responsibility for the collection of initiation fees, membership dues, special assessments, or any other deductions not in accordance with this provision.
A properly executed copy of such Authorization for Check-Off of Dues or service fees form for each employee for whom the Union membership dues are to be deducted hereunder shall be delivered to the Employer before any payroll deductions are made. Deductions shall be made thereafter only under Authorization for Check-Off of Dues or service fees forms which have been properly executed and are in effect. Any Authorization for Check-Off of Dues or service fees form which is incomplete or in error will be returned to the Local Union Financial Secretary by the Employer.
Check-Off deductions under all properly executed Authorization for Check-Off of Dues or service fees forms shall become effective at the time the application is tendered to the Employer and shall be deducted from each biweekly pay period.
The Union will provide to the Employer any additional Authorization for Check-Off of Dues or service fees forms under which the Union membership dues or service fees are to be deducted.
Deductions for any calendar month shall be remitted to the designated Financial Officer of the Michigan AFSCME Council No. 25 as soon as possible after the biweekly deduction of that month. The Employer shall furnish the designated Financial Officer of the Council, biweekly with a list of those for whom the Union has submitted signed Authorization for Check-Off of Dues or service fees forms, but for whom no deductions have been made. The Employer shall additionally indicate the amount deducted and notify the Financial Officer of the Council of the names and addresses of employees, who through a change in their employment status, are no longer subject to deductions and further advise said Financial Officer by submission of an alphabetical list of all new hires since the date of submission of the previous month's remittance of dues.
Section H Termination of Check-Off
An employee shall cease to be subject to Check-Off deductions beginning with the biweekly in which he is no longer a member of the bargaining unit. The Local Union will be notified by the Employer of the names of such employees following the end of the biweekly in which the termination took place.
Section I Limit of Employer's Liability
The Employer shall not be liable to the Union by reason of the requirements of this Agreement for the remittance or payment of any sum other than that constituting actual deductions made from wages earned by employees.
Any dispute between the Union and the Employer which may arise as to whether or not an employee properly executed or properly revoked an Authorization for Check-Off of Dues or service fees form, shall be reviewed with the employee by a representative of the Local Union and the designated representative of the Employer. Should this review not dispose of the matter, the dispute may be referred to an arbitrator, whose decision shall be final and binding on the employee, the Union, and the Employer. Until the matter is disposed of, no further deductions shall be made.
The Employer will provide a minimum of one enclosed bulletin board that may be locked in each district which may be used by the Union for posting notices of the following types:
1. Notices of Union recreational and social events.
2. Notices of Union elections.
3. Notices of results of Union elections.
4. Notices of Union meetings.
5. Notices of Union position advertisements.
6. Union seniority lists.
The Union shall have the exclusive right to the use of these bulletin boards. In the event a dispute arises concerning the appropriateness of material posted on the Union bulletin boards, the President of the Local Union will be advised by the Human Resources Department of the nature of the dispute and the notices or bulletins in question will be removed from the bulletin boards until the dispute is resolved.
The normal workweek shall consist of forty (40) hours between 11:01 p.m. Saturday to 11:00 p.m. Saturday.
An employee's workday normally shall consist of eight (8) consecutive working hours excluding lunch periods, unless modified by mutual agreement.
The Employer may provide the option of summer flex time hours depending upon the operational needs of each department.
All employees covered by this Agreement will have an unpaid lunch period of thirty (30) minutes except those employees who are assigned to work a continuous shift.
Employees may take a rest period of not more than fifteen (15) minutes for each four (4) hours of work. Rest periods shall be taken at a time and a place designated by the supervisor in such a manner that least interferes with the efficiency of the work unit. The rest period is intended to be a recess to be preceded and followed by an extended work period. Thus, it may not be used to cover an employee's late arrival to work or early departure, to extend the lunch period, nor may it be regarded as accumulative if not taken.
Employees will be given the necessary time prior to punching out, to wash and change from work uniforms.
Shift preference will be granted on the basis of seniority according to the provisions of the job posting procedure. Consideration will be given to allowing the senior employees to elect a preference in starting time within Dining Services.
Normally, Dining Services' employees will be given fourteen (14) calendar days' notice of their work schedule, subject to changes caused by additional banquet catering events, changes in banquet numbers, sickness or other employee absences, Presidential or Board events, or deviations for similar reasons.
Normally, there shall be no changing of an employee's shift and days off except with the consent of the affected employees or except because of matters beyond the control of the Employer. Matters beyond the control of the Employer shall be absences of employees because of sickness, vacation, or otherwise. When it becomes necessary to change shifts or days off on either a permanent or temporary basis, the employee with the least seniority within the classification and building will be required to so change unless a volunteer acceptable to the Employer is found.
Police Officers are permitted to take a meal break during their regular shift. However, Police Officers are subject to call while on meal break.
Police Officers are subject to call while taking a rest period.
Consideration will be given to seniority and employee preference when schedules are being established for Police Officers.
Section A Overtime Premium
Time and one-half the regular straight time rate will be paid for all time worked in excess of eight (8) hours per day and/or forty (40) hours per week.
For the purpose of computing overtime pay for over forty (40) hours in the employee's workweek, a holiday, vacation day, or an earned sick leave day, for which the employee receives pay, will be counted as a day worked.
Section B Pyramiding
In no case shall premium pay be paid twice for the same hours worked.
Section C Scheduling
In general, overtime work shall be voluntary, provided, however, when at least thirty-six (36) hours advance notice of an overtime assignment is given, or when circumstances do not permit advance notice, an employee will be expected to work unless sufficient other employees capable of doing the work are available, in which case an employee who does not wish to work will be excused from overtime. The University need not call in an employee to work who has provided the University with a written statement that the employee does not wish to work overtime. Such a statement will be effective until withdrawn in writing by the employee. Nothing herein, however, shall prohibit the University from assigning or calling in such an employee to work in situations that require immediate attention or in the event that sufficient other employees capable of doing the work are not available.
Section D Distribution
All overtime shall be divided as equally as possible within the same department. The Employer agrees that an equalization of overtime chart will be maintained and posted in a prominent place in each department or recognized work area before the fifteenth (15th) of each month. This chart will indicate the overtime worked, refused, and unavailability of the employee. In the event of failure to post, the Union shall notify the Employer and the Employer shall take steps to assure that the correct posting will be made within five (5) working days of notification.
Whenever overtime is required, the person with the least number of overtime hours in that department who can adequately perform the required job within their department will be called first and so on down the list in an attempt to equalize the overtime hours. Employees in other classifications may be called if there is a shortage of employees in the classification needed. In such cases they would be called on the basis of least hours of overtime in their classification provided they are capable of doing the work.
For the purpose of this clause, an employee who was contacted and did not choose to work, will be charged the average number of overtime hours worked by other employees during the period said employee did not choose to work (two  hour minimum). Unavailable employees, those on annual leave or sick leave, will also be charged as described above.
Overtime hours will be reviewed quarterly in an attempt to identify any potential inequities in the equalization process. Any inequities will be corrected during the next quarterly review period dependent upon the availability of overtime hours.
It is understood that there will be no cash payment(s) in lieu of work during any review period and any settlement of any dispute arising out of this provision will be limited to the offer of future overtime opportunities in an attempt to equalize overtime hours.
Employees who have changed classifications will be charged with the average number of overtime hours that exist in the new classification on the day they were reclassified.
Section E Police Officer and Police Specialist Overtime
Overtime for Police Officers and Specialists shall be assigned at the discretion of the Employer. Where it is practicable to do so, the Employer agrees to give forty-eight (48) hours' advance notice of required and scheduled overtime.
All overtime must be approved in advance and must be worked as directed by each employee's supervisor. Overtime pay or compensatory time off shall not be awarded for work not approved in advance by a supervisor. However, Police Officers or Police Specialists are authorized to work one (1) hour of unscheduled overtime at the end of a shift for completion of a complaint investigation when circumstances require it.
Police Officers or Police Specialists are subject to several different types of overtime such as but not limited to:
1. Scheduled overtime for special events, athletic contests, or shift coverage,
2. Unscheduled overtime for emergencies, complaint investigation, or shift coverage,
3. Mandatory overtime for training,
4. Scheduled overtime for court appearances or disciplinary hearings, and
5. Voluntary overtime for contract services.
Sections A and B of this Article shall not apply to Police Trainees.
Scheduled overtime for special events, athletic events or a scheduled shift coverage will be divided as equally as possible. An equalization of overtime chart will be maintained as outlined in Section D. Unscheduled overtime, scheduled overtime for court appearances or disciplinary hearings, mandatory training and voluntary overtime, are beyond the control of the Employer and shall not be considered in the equalization of overtime.
Overtime for court appearances is paid when the court appearance is directed by an officer of the court. The minimum rate for overtime is two (2) hours, unless the Officer is working a scheduled shift during the court appearance. In those instances, overtime is only paid for the actual time spent outside the scheduled shift. (This also applies to disciplinary hearings.)
At an Officer's request and with the approval of the Employer, compensatory time off may be granted in lieu of overtime. Compensatory time off shall be at the rate of time and one half. Earned compensatory time off will be granted when it does not interfere with the department operation. The Employer agrees to consider the desires of the employee when scheduling overtime. Compensatory time off will normally be used within ninety (90) days of accrual with the provision that an extension may be granted by the Director of Public Safety and Police Services. If said extension cannot be granted, any overtime accrual beyond ninety (90) days from date of accrual will be paid off.
SECTION F Shift Premium
The first shift is any shift that regularly starts on or after 5:00 a.m. but before 1:00 p.m. The second shift is any shift that regularly starts on or after 1:00 p.m. but before 9:00 p.m. The third shift is any shift that regularly starts on or after 9:00 p.m. but before 5:00 a.m.
Employees who work on the second or third shift shall receive a shift premium as compensation in addition to their regular pay according to the following:
SECOND SHIFT THIRD SHIFT
$.35/per hour $.40/per hour
Shift premium is to be added to the total wages and does not increase the hourly rate. Shift premium will be paid for all hours worked on a shift.
SECTION G Call-in Pay
An employee reporting for duty at the Employer's request for work which the employee had not been notified in advance and which is outside of and not continuous with the employee's regular work period, shall be guaranteed at least three (3) hours of pay at the rate of time and one-half.
An employee reporting for duty on a Seasonal Bonus Day at the Employer's request for work which the employee had not been notified in advance and which is outside of and not continuous with the employee's regular work period, shall be guaranteed at least three (3) hours of pay at the rate of time and one-half. If an employee works beyond the three (3) hours, the additional time worked is paid at time and one-half.
SECTION H Reporting Pay
An employee who reports for scheduled work and no work is available will receive three (3) hours of pay at the employee's regular straight time rate.
SENIORITY AND LOSS OF SENIORITY
Seniority refers to the length of time someone is employed by the university, calculated from their most recent date of hire. Seniority dates may be adjusted, subject to the terms of the agreement. Seniority shall be on a bargaining-unit-wide basis.
All present employees who are included within the bargaining unit and who have served their probationary period shall be credited with accumulated seniority as of the employee's last date of hire.
Effective September 20, 1999, bargaining unit members working in full-time, less than twelve (12)-month positions will accrue seniority during the designated time periods the bargaining unit members are actively employed. For example, a bargaining unit member whose nine (9)-month work assignment begins August 1 and extends through April 30 will not accrue seniority during the months of May, June, and July. A bargaining unit member's seniority date will be adjusted at the time the member's employment status changes. For example, when a nine (9)-month assignment increases to twelve (12)-month status.
In the event that two (2) or more employees have identical seniority dates, seniority will be determined by alphabetical order by last name as of the date of hire.
1. There shall be no seniority or rights of recall for persons who are employed for specific temporary jobs lasting six (6) months or less. The Employer shall have the exclusive right to transfer these persons to other specific temporary jobs or sever them from employment during this period. However, if any of these persons are transferred to a regular job other than temporary within the bargaining unit within a six (6)- month period, they will be entered on the seniority list as of the latest date of hire.
2. With the exception of Item 1 above, the Union shall represent temporary employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment, except discharged or disciplined employees for other than Union activity. The probationary period in respect to wages only for temporary employees shall be one hundred and eighty (180) calendar days of continuous employment. Fringe benefits for temporary employees is limited to holiday pay only, provided that the employee has been on the payroll for two (2) consecutive pay periods and has worked at least twenty (20) days immediately preceding the holiday. Payroll deductions for union dues shall be made for those temporary employees who are on the payroll for two (2) consecutive pay periods and have worked at least fifteen (15) days during the two (2) consecutive pay periods. Such a deduction shall be dependent upon the Employer's receipt of a Dues Authorization Card.
1. Seniority Lists of the date of this Agreement will show the names, job classifications, department, and date of hire of all employees of the Unit entitled to a ranking for seniority. Service records in effect at the date of this Agreement shall be used by the parties hereto as the records of continuous service as of such date.
2. The Employer will keep the seniority lists up to date at all times, and whenever a Steward shall raise a question of seniority, shall make the seniority list available for the Steward's inspection for the purpose of settling the question. The Employer will furnish the Union with a copy of the current seniority list every month.
An employee shall lose seniority for the following reasons:
1. The employee quits and is not rehired by the University within thirty (30) days after the employee's last day of work.
2. The employee is discharged and the discharge is not reversed through the Grievance Procedure.
3. The employee is absent from the employee's job for three (3) consecutive working days without notifying the Employer. In proper cases, exceptions shall be made by the Employer. After such absence, the Employer shall send written notification to the employee at the employee's last known address that the employee has lost seniority, and the employee's employment has been terminated with a copy to the Union President. If the disposition made of such case is not satisfactory, the matter may be referred to the Grievance Procedure, but the Employer will not accept a grievance of this kind that is initiated more than one (1) month after the occurrence of the incident.
4. If the employee does not return to work when recalled from layoff within eight (8) calendar days from the date of receipt of notice of recall. In proper cases, exceptions shall be made by the Employer.
5. Failure to return to work within the time limits of a leave of absence, an extended leave of absence, or an approved seasonal leave of absence, will be treated the same as 4 above.
6. Failure to accept a position of the same classification and shift upon return from a personal leave of absence.
7. Laid off and not recalled for a period equal to the length of the employee's seniority at time of layoff or five (5) years whichever is shorter.
New employees hired or transferred into the unit shall be considered as probationary employees for the first one hundred and eighty (180) calendar days of their continuous employment. When an employee finishes the probationary period, the employee shall be entered on the seniority list of the unit and shall rank for seniority from one hundred and eighty (180) calendar days prior to the date the employee completed the probationary period.
Security Police Officers and Police Officers shall be considered as probationary employees for the first one hundred and eighty (180) calendar days of their continuous employment following being sworn in. Security Police Officers who transfer into Police Officer positions shall be considered as probationary employees for the first one hundred and eighty (180) calendar days of their continuous employment in the Police Officer position, and shall have the right of return to a Security Police Officer position
There shall be no seniority among probationary employees.
The Union shall represent probationary employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment, except discharged or disciplined employees for other than Union activity.
New employees will be hired at the probationary rate of the job.