ARTICLE 12

REDUCTION OF THE WORK FORCE AND RECALL PROCEDURES

Section A Procedure for the Reduction of the Working Force

1. When there is a decrease in force other than defined in Section D, the following procedure shall be followed: Probationary and temporary employees will be laid off on a unit-wide or occupational group basis whichever is in effect provided the seniority employees can do the available work.

2. The University will attempt to place employees with seniority in positions in their bargaining unit within their specific classification by displacing the least senior employee in that specific classification on the same shift.  If a vacant position is available, for which the affected employee has the appropriate qualifications and seniority rights, the position may be offered to the affected employee.   If a position within their specific classification on the same shift is not available, they shall displace the least senior employee within the specific classification. If positions within their specific classification are not available, they shall displace an employee in a different classification but in the same or lower working rate with the least seniority on the same shift, provided the seniority employee can do the available work. If a position within that classification on the same shift is not available, they shall displace the least senior employee within the classification, provided that the senior employee has the ability to perform the work available. This procedure is to be repeated until the least senior employee within the classification is placed on layoff. If, because of seniority, it becomes necessary to displace an employee in a lower classification, the same procedure as above will apply.

If an employee has successfully performed the work in a higher classification for ninety (90) working days or longer at Northern Michigan University and such employee has sufficient seniority, the employee may bump into that higher classification.

3. In proper cases exceptions may be made. Disposition of these cases will be a proper matter for the third (3rd) step of the grievance procedure.

4. Employees to be laid off will have at least fourteen (14) calendar days of notice of layoff. The Local Union Secretary and President will receive a list from the Employer of the employees being laid off on the same date the notices are issued to the employees.

5. The Union recognizes that Northern Michigan University is an educational institution and by its nature is obligated to provide jobs for its students for their development and financial aid. Northern Michigan University also recognizes its responsibility to members of Local 1094.

6. Student personnel performing the work of bargaining unit employees at the time of layoff will be a proper matter for a Special Conference, and if not resolved to the mutual agreement to both the Union and the Employer, such will become a proper matter of the grievance procedure to be entered into at Step 3 of said grievance procedure.

7. In the event it becomes necessary for a layoff, the Employer shall meet with the Local Union President and Chief Steward at least three (3) calendar weeks prior to the effective date of the layoff if possible, and in any event no less than forty-eight (48) hours in advance of the layoff.

Section B Recall Procedure

1. When the working force is increased after a lay-off, employees will be recalled according to seniority, provided the greater seniority employees are able to perform the available work. However, the Employer shall not be required to promote an employee at time of recall unless the employee has previously performed the higher rated job and is able to do the work.

2. Seniority of an employee who is reemployed from a seniority list shall be restored to its status as of the date the employee left the service of the Employer.

3. Notice of recall shall be sent to the employee at the employee's last known address by registered or certified mail. If an employee fails to report for work within eight (8) calendar days from the date of receipt of notice of recall, the employee shall be considered a quit. Extension will be granted by the Employer in proper cases.

4. Employees who are recalled to work from a layoff may be required to successfully pass a physical examination prior to returning to work, the cost to be provided by the Employer and performed by an approved medical facility or physician as designated by the University.

5. In the case of special events and/or banquets, employees may be called back without regard to the seniority clause without the concurrence of the Union.

Section C Seniority Preference

1. Notwithstanding their position on the seniority list, members of the Local Union negotiating committee while actively engaged in negotiations shall, in the event of a layoff of any type, be continued at work as long as there is a job in their district for which they can perform and shall be recalled to work in the event of a layoff on the first open job in their district which they can perform. The committee shall be limited in size to seven (7) members.

2. Notwithstanding their position on the seniority list, the Union's grievance committee which consists of the President, Chief Steward, and Stewards of the Local Union shall, in the event of a layoff, only be continued to work at all times provided they can perform any of the work available in the unit.

Section D Temporary Adjustment of the Work Force

When there is a temporary decrease in the work force of four (4) months or less, temporary and probationary employees will be laid off by classification first, in that order.  Seniority employee may exercise their bumping rights, within their classification.  When the working force is increased after a temporary lay-off, affected employees will be recalled to the position held prior to the temporary layoff. In the event that such a work adjustment extends beyond four (4) months, the Union can request the procedure in Section A be followed.

ARTICLE 13

JOB POSTINGS AND BIDDING PROCEDURES

Section A Classification Lateral Transfer

1 Classification lateral transfer is defined as the movement of an employee to a job opening within the employee’s same classification. The Employer will permit lateral transfers to employees within the classification based on seniority prior to posting a vacancy.  Under extenuating circumstances, the employer may refuse a classification lateral transfer. 

2. Vacancy. A vacancy is defined as a job opening which the Employer expects to fill after the Employer has completed the classification lateral transfer process. A vacancy may be filled through the job posting and bidding procedure.

Section B Job Posting and Bidding Procedure

1. After the classification lateral transfer process has been completed, vacancies shall be advertised electronically by the Human Resources Department to all bargaining unit members for seven (7) calendar days. Upon completion of the posting for any job within the bargaining unit, the Union President will be informed of all Union members who applied for the position.

2. The posting will note the classification, pay grade, department, required minimum qualifications, work days, and shift.

3. Employees with seniority who wish to be considered for a posted vacancy will complete an application form available on the Human Resources web site and file it with the Human Resources Department on or before the advertised deadline date. It is the responsibility of the employee to keep his/her application in the Human Resources Department updated in order that the employee may be given proper consideration. The Employer will not be obligated to consider an application from an employee who has not submitted his/her request to the Human Resources Department on or before the advertised deadline date.

Employees are not eligible to bid on a vacancy within their same classification and department.

4. Employees with seniority who bid on a job in another classification and who possess the basic qualifications, shall receive an interview to explore and verify the appropriate credentials and qualifications. 

Basic Qualifications. Basic qualifications means that the employee meets the minimum qualifications of the position and the records of the university indicate the reasonable certainty that the employee will be able to perform competently the range of duties of the regular job opening within a reasonable period of time.

5. The Employer may, after the internal posting and interview process, expand the pool of candidates by conducting an external search when it has been determined that no internal candidate meets the basic qualifications.

If the external search proves unsuccessful and one (1) or more bargaining unit members has some of the basic qualifications, exceptions may be made, and the bargaining unit member with the most seniority shall be offered the job unless there is a great difference in qualifications.

6.  Applications received from bargaining unit members during the external search may not be considered.

Section C Relief/Special Projects/Temporary Assignments

1. Employees interested in becoming relief/special projects/temporary assignment workers must inform their supervisor/department head in writing. It is the responsibility of the employee to keep his/her application in the Human Resources Department updated in order that the employee may be given proper consideration.

2. A temporary assignment is defined as the movement of a qualified employee to a higher or lower graded position to cover for the expected return of an absent employee or fluctuation in the department's work activity. 

Management will give due consideration to qualifications, seniority, and operational impact before making the final selection. A notice of availability of positions will be posted electronically to employees. Any disputes arising in this Section will be dealt with in a Special Conference.

3. If any employee is temporarily assigned to a position in a higher graded classification, the employee will be paid the rate of the position. If any employee is temporarily assigned to a position in a lower graded classification, there will be no reduction in salary.

Section D General Provisions

1. An employee who is awarded a position in a different classification will be given a reasonable period of time, not to exceed four (4) weeks, to demonstrate, by actual performance, whether the employee has the ability to perform the work. If the employee does not have the ability to perform the work, the employee, the Chief Steward and the Union President shall be given written notice of the reason. The employee will be returned to a vacancy in the employee's former classification or displace the least senior employee in the employee's former classification at the same rate of pay (plus any scheduled increases) and same months employed as before the promotion or transfer.

If the employee requests, within a five (5) calendar day period following the award of a position from a different classification, the employee shall be returned to his/her former position within a one (1) month period following the request. In the event the position has been abolished, the employee may be placed in a position within the employee's former classification to which the employee's seniority entitles him/her and said movement will occur within a one (1) month period following the request.

2. In the event an employee is returned to the employee's original classification after being awarded a position at either the employee's request or at the Employer's discretion, the Employer need not repost the job, but choose the next senior qualified employee or the most qualified applicant, whichever is applicable.

3. An employee who has applied for a vacancy in accordance with the provisions of Section B and is not selected for the position will receive an electronic notice stating the reason not selected. The employee who is not selected shall be sent written notification of rejection within three (3) working days from the date the successful applicant was notified. Copies will also be furnished to the President and the Chief Steward.

4. An employee who has been awarded a position through the job posting and bidding procedure or classification lateral transfer procedure need not be considered by the Employer for a subsequent advertised classification vacancy during the six (6)-month period following the effective date of the employee's movement.

ARTICLE 14

RETURN TO UNIT

If an employee is transferred to a position under the Employer not included in the unit and is thereafter transferred again to a position within the same unit, the employee's accumulated seniority shall be that amount of seniority attained at the time of his/her leaving the unit.

The Employer agrees that in any movement of work not covered above such movements will be discussed with the Union in order to provide for the protection of the seniority of the employees involved.

ARTICLE 15

SICKNESS, FAMILY CARE AND INJURY PAY

Section A Sick Leave

Sick leave shall be available for use by employees for the following purposes:

1. Acute personal illness or incapacity over which the employee has no reasonable control.

2. Absence from work because of exposure to contagious disease which, according to public health standards, would constitute a danger to the health of others by the employee's attendance at work.

3. Medical and dental extractions or treatment to the extent of time required to complete such appointments when it is not possible to arrange such appointments for non-duty hours.

Full-time employees shall be eligible for up to sixty-four (64) hours of sick leave with pay per fiscal year. New employees may use sick leave, if eligible, after they have completed two (2) biweekly pay periods. In their initial year of employment, employees hired between July 1 and September 30 shall be eligible for up to sixty-four (64) hours of sick leave; employees hired between October 1 and December 31 shall be eligible for up to forty-eight (48) hours of sick leave; employees hired between January 1 and April 30 shall be eligible for up to thirty-two (32) hours of sick leave in the fiscal year. Employees hired between May 1 and May 31 shall be eligible for up to eight (8) hours of sick leave. Employees hired after May 31 shall be eligible for sick leave in the subsequent fiscal year.

Upon return to work from layoff or an unpaid leave of absence, employees shall be eligible for sick leave as indicated above.

Those employees who work at least twenty (20) but less than forty (40) hours per week as defined in Article 1 will be entitled to sick leave proportionate to the time actually worked. Temporary employees as defined in Article 1 and employees who regularly work less than twenty (20) hours per week will not quality for this benefit.

Section B Personal Sick Leave Reserve

Each fiscal year full-time employees shall be eligible for up to one hundred and seventy six (176) hours of personal sick leave reserve. Prior to approval of an excused absence and payment from the sick leave reserve, an employee must submit satisfactory medical evidence, utilizing the authorized form, of the serious health condition to the Director of Human Resources. Failure to provide satisfactory medical evidence of a serious health condition in a timely manner will result in payments from sick leave, if available, or lost time. New employees may use personal sick leave reserve, if eligible, after they have completed two (2) biweekly pay periods.

Serious health condition means an illness, incapacity due to pregnancy, injury, impairment, or a physical or mental condition that would qualify under the Family Medical Leave Act. 

In their initial year of employment, employees hired between July 1 and September 30 shall be eligible for up to one hundred and seventy-six (176) hours of personal sick leave reserve; employees hired between October 1 and December 31 shall be eligible for up to one hundred thirty-two (132) hours of personal sick leave reserve; employees hired between January 1 and April 30 shall be eligible for up to eighty-eight (88) hours of personal sick leave reserve; employees hired between May 1 and May 31 shall be eligible for sixteen (16) hours of personal sick leave reserve in the fiscal year. Employees hired after May 31 shall be eligible for personal sick leave reserve in the subsequent fiscal year.

Upon return to work from layoff or an unpaid leave of absence, employees shall be eligible for personal sick leave reserve as indicated above.

Those employees who work at least twenty (20) but less than forty (40) hours per week as defined in Article 1 will be entitled to personal sick leave reserve proportionate to the time actually worked. Temporary employees as defined in Article 1 and employees who regularly work less than twenty (20) hours per week will not qualify for this benefit.

If an employee is in a period of continuing sick leave and/or personal sick leave reserve utilization at the change of fiscal years, the employee will be required to requalify for sick leave and personal sick leave reserve by returning to active employment and working a period of twenty (20) consecutive work days.

Employees who are not eligible for short-term disability and who have exhausted their sick leave and personal sick leave reserve and are still unable to return to work shall exhaust any unused annual leave. Employees who have exhausted their sick leave, their sick leave reserve, and their accrued annual leave and are still unable to return to work, must apply for a leave of absence for illness or disability as specified under Article 19.

Employees are required to notify their supervisor or designated reporting contact of all absences due to illness or disability on a daily basis prior to the start of their shift.

Where an employee is expected to be hospitalized or confined to the employee’s home, the employee and the Human Resources Director or delegate may arrange for notification at appropriate intervals. 

An employee who has been severely ill or who has been hospitalized because of illness or surgery must provide a statement from the employee’s personal physician stating that the employee is able to resume the employee’s full range of duties, including any limitations attached thereto.

In the case of extended sick leave absences or in an effort to determine the validity of an employee’s use of sick leave, the employee must furnish a physician’s statement of medical condition to the Director of Human Resources (or delegate).

Personal sick leave reserve must be taken, and will be charged in accordance with actual time required, or proportionate to the time actually worked, or on a reduced schedule for a limited time in order to accommodate a return to active employment.

Satisfactory Physician’s Statements

If any submitted physician’s statement is unsatisfactory, the Human Resources Department may request that the employee contact the provider of the statement to request more information. If this request is not responded to in a reasonably timely way, or if the supplemental physician’s statement is still unsatisfactory, the Employer may require the employee to submit to a physical or, where relevant, psychiatric examination by a licensed physician or psychiatrist of its choice at its expense.

Section C Hours of Sick Pay Payable

1. Sick leave taken for less than a full day must be taken, and will be charged, in increments of tenths (10ths) of one (1) hour. (e.g., absence of two [2] hours and five [5] minutes would be charged as 2.1 hours of sick leave.).

2. All payments for sick leave shall be made at the employee's current rate of pay.

3. An employee using sick leave during a period that includes a scheduled holiday will be paid for the holiday. He cannot be paid for both on the same day, nor will he be charged for a day of sick leave.

Refer to Appendix C, 3 for converting sick days.

Section D Medical Dispute

If the fitness of an employee to continue in the employee’s responsibilities becomes questionable for reasons of physical or mental health, the employee’s supervisor shall discuss the matter with the employee and their steward, if requested, in a personal conference. If the problem cannot be resolved in such a conference, the Employer may require the employee to submit to a physical or psychiatric evaluation. The Employer may designate an examiner who must be a licensed physician or psychiatrist and the Employer will assume the cost of the examination. In the event the medical examination results in a finding that the employee is unable to discharge the employee’s duties in a competent manner, the Union recognizes that the Employer may have to place the employee on mandatory sick leave, with entitlement to any applicable sick leave, short-term disability, or long-term disability payments. Before an employee is involuntarily placed on such leave, the Employer will notify the President of the Union and give the Union an opportunity to make any objections it has to the proposed action. If the employee is not satisfied with the determination of the University designated physician, the employee may submit a report from a licensed physician or psychiatrist of the employee’s own choosing and at the employee’s own expense. If the dispute still exists, at the request of the Union the University designated physician and the employee's doctor shall agree upon a third licensed physician, psychiatrist, surgeon, or osteopathic physician and surgeon, to submit a report to the University and the employee, and the decision of such third party will be binding on both parties. The expense of the third party shall be shared equally by the University and the employee.

Section E Dependent Care Leave

Full-time employees may use up to twenty-four (24) hours of paid family care leave per fiscal year for the confining illness or injury (not routine medical/dental appointments) to members of the immediate family, including those who may not be IRS-defined dependents, but here defined as spouse or designated individual, children, parents, parents-in-law, brothers, sisters and any person for whose financial or physical care the employee is principally responsible. The name of the designated individual must be on file with the Human Resources Department at least six (6) months prior to utilization of such leave.

Once an employee uses twenty-four (24) hours of family care leave, additional time required for the care of a family member must be taken as a personal leave day, annual leave or unpaid leave. The University reserves the right to review cases on an individual basis and to require documentation.

These twenty-four (24) hours of family care leave will not be counted toward the twelve (12) week mandatory protection offered by the Family Medical Leave Act (FMLA).

Section F Workers’ Compensation

A seniority employee who suffers a work-related injury or illness will not be required to use sick leave for time away from work as a result of that injury or illness providing: (1) the injury or illness claim is approved by the University’s workers’ compensation carrier, and (2) the employee provides Human Resources with satisfactory medical documentation in a timely manner from a physician attesting to the necessity for such time away from work. A seniority employee who suffers injury compensable under the Workers' Compensation Act and is awarded such compensation shall be paid the difference between the employee’s regular wages and payment received under provisions of the Act for a maximum of six (6) consecutive months. Employees who are receiving workers' compensation will not accrue annual leave during the period of time that they are off of work. Employees who have been disabled for six (6) consecutive months and are still unable to return to work, must apply, if eligible, for a leave of absence for illness or disability as specified under Article 17, Section E, with the exception that there will be no loss of seniority, or if eligible, apply for long term disability as specified under Article 19, Section B.

ARTICLE 16

HOLIDAYS

Section A

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. December 25

Section B Seasonal Bonus Days

In addition to the holidays stated above, each fiscal year the Employer will schedule six (6) seasonal bonus days. One (1) seasonal bonus day will be the day after Thanksgiving, one (1) will be the day before or after December 25, and one (1) will be the day before or after New Year's Day. It is the Employer's intention to designate the days between December 25 and New Year's Day a "holiday week." Any additional days may be designated by the Employer on another date or left as a "floating" seasonal bonus days for the employee to schedule with the employee's supervisor. "Floating" seasonal bonus days may be utilized in increments of one (1) hour.

If an employee is required to work on a seasonal bonus day or Easter Sunday, the employee will be paid straight time, but will be given an additional day off with pay, the time to be arranged with the employee's supervisor who will make an effort to grant the additional day off as near as practical to the designated seasonal bonus day or Easter Sunday.

Section C

If an employee is absent on the scheduled working day immediately preceding or immediately following the holiday, the employee will not be paid for the holiday unless the employee's absence is excused. However, if an employee is laid off for the period between the end of the fall semester and the beginning of the winter semester or during spring break because of lack of work, the employee will receive the same holiday pay given to the rest of the employees, if applicable.

Section D

Employees who regularly work at least twenty (20) hours per week on a continuous basis will be entitled to holiday benefits proportionate to the hours normally scheduled. There will be no seasonal bonus day pay for temporary employees. Temporary employees will not qualify for holiday benefits except as provided for in Article 14, Section B, Item 2.

Section E

When the designated holiday occurs on a scheduled day off in the employee's workweek, the employee will receive an additional day off with pay, the time to be arranged with the employee's supervisor who will make an effort to grant the additional day off as near as practical to the designated holiday.

Time and one-half the regular straight time rate will be paid for all time worked on a designated holiday as provided in Section A of this Article. For police services and steam plant employees, time and one-half the regular straight time rate will be paid for time worked on any actual weekend holiday or on the designated holiday, but not both.  If the employee is not given an additional day off for the holiday on which the employee is scheduled to work, the employee will receive his/her holiday pay in addition to the time and one-half for the time worked.

If an employee terminates employment, the employee will not receive pay for holidays nor accrue annual leave occurring after the last day worked even though the holidays may fall within the period of the employee's projected terminated annual leave.