ARTICLE 28

SUPPLEMENTAL AGREEMENTS

The provisions herein contained, the supplemental letters specified therein, and the appendices hereunto attached constitute the entire Agreement between the parties.

All supplemental agreements shall be subject to the approval of the Employer and the Council and/or International Union. Final documents shall be approved or rejected, with notification in writing, as indicated by signatures of the parties, within a reasonable period of time. 

ARTICLE 29

BARGAINING COMMITTEE

The Bargaining Committee shall consist of the Executive Board, and one other member, for a total of seven (7). There will be two (2) alternates that will function only when a Committee member is absent.

Members of the Bargaining Committee who are scheduled to work during regularly scheduled negotiation sessions shall be given released time with pay to attend such sessions once negotiations to modify this Agreement begin. However, no overtime will be paid for attendance at negotiations unless otherwise agreed to by the Employer.

ARTICLE 30

TERM OF AGREEMENT

This Agreement shall become effective on October 1, 2010, and shall remain in full force and effect for three (3) years from the date of the latter of the Union or Board ratification. This Agreement shall not be extended beyond that date, except by written consent of the parties. If either party desires to amend or modify this Agreement, written notice to that effect shall be given to the other party not less than sixty (60) nor more than ninety (90) days prior to the date of termination. 

The parties agree to an economic re-opener with regard to articles associated with wages and fringe benefits (article 18).  If either party desires to amend or modify these articles, written notice to that effect will be provided to the other party not less than sixty (60) nor more than ninety (90) days prior to October 1, 2012 and/or October 1, 2013. 

See Appendix C for October 1, 2012 re-opener, and Appendix D for October 1, 2013 reopener.

IN WITNESS THEREOF:

Date Signed:

COUNCIL NO. 25 OF THE AMERICAN FEDERATIONOF STATE, COUNTY AND MUNICIPAL EMPLOYEES' UNION (AFL-CI0), LOCAL 1094

ON BEHALF OF THE NORTHERN MICHIGAN UNIVERSITY BOARD OF TRUSTEES

 

Jeffry Smith, President

R. Gavin Leach
Vice President for Finance and Administration

Peter Dompierre
AFSCME Staff Specialist, Council No. 25

 

NORTHERN MICHIGAN UNIVERSITY BARGAINING COMMITTEE

Nathan Jennings
Bargaining Committee Member

Ann Sherman, Chief Negotiator and Director of Human Resources

Ryan Healy
Bargaining Committee Member

Debra LaMere
Assistant Director of Human Resources

Rick Doucette
Bargaining Committee Member

Kathy Richards
Associate Vice President, Engineering & Planning/Facilities

John Strom
Bargaining Committee Member

Greg Minner
Director of Dining Services

William Ombrello
Bargaining Committee Member

Michael Bath
Director of Public Safety and Police Services

Kristine Clemins
Bargaining Committee Member

Cindy Pohlman
Senior Financial Analyst

Approved by the Board of Trustees
on September 1, 2011


Ratified by AFSCME - Local 1094
on July 27, 2011


APPENDIX A

WAGES

Effective ratification of the contract by both parties, all active employees of the bargaining unit at Northern Michigan University will receive wages as set forth in the schedule of wage rates dated October 1, 2010.  Refer to Appendix C for October 1, 2012 re-opener.

All new employees will be hired at the Starting Rate of the job as noted below.  The Starting Rate will be paid for the first 1040 hours.    Beginning with the first complete payroll period after an employee completes 1040 hours, the employee will be paid the Training Rate.  Beginning with the first complete payroll period after an employee successfully completes 3,120 hours, the employee will be paid the Interim Rate.  The Full Working Rate will be paid the first payroll period after 6,240 hours from the date of hire. Each rate increase is dependent on a minimum of an overall rating of Effective/Competent on the employee’s performance evaluation.

It is the employer’s responsibility to perform employee evaluations.  In the event the employer fails to evaluate the employee prior to the hours noted above, the employer will apply the rate of the employee pending the next scheduled evaluation.  In the event an employee receives an overall rating of Less than Fully Effective or Unsatisfactory in the performance evaluation, a Special Conference will be scheduled to discuss the issue.  In the event the matter remains unresolved, the matter may be submitted directly to Step 3 of the Grievance Procedure.  

For the purpose of this provision, hours worked by the employee includes paid hours worked, overtime hours, holiday and seasonal bonus hours, personal days, annual vacation hours, and sick time after the probationary period has concluded.  Short- and long-term disability and worker’s compensation leaves are excluded from the calculation of hours worked for this provision.       

Modifications of the wage scales defined below may be made for hard-to-fill positions, or those with higher than desired turnover, provided the University hold a Special Conference to notify the union of its intent and discuss intended actions. 

The wages shown in the schedules of wage rates will be paid to Dining Services' employees plus maintenance as specified by state law and such maintenance will be a regular payroll deduction, subject to change according to state regulations. All Dining Services' employees will be provided meals only in kitchens that are already operating, unless instructed differently by their immediate supervisor.

SCHEDULE OF WAGE RATES  (Updated with Appendix D information)

 

 

 

 

 

APPENDIX B

JOB DESCRIPTIONS

All employees hired or promoted to a permanent position will be presented with a current job description by his immediate supervisor stating the normal duties and responsibilities of each position. When the University intends to make a revision in the text of any job description, the revision will be submitted to the Union for comment prior to implementation. The Union President will be contacted by the Human Resources Department to pick up the revision and sign a form acknowledging receipt.

The maintenance job descriptions will be approved by the Director of Facilities, the Director of Housing and Residence Life, the Director of Athletics/Associate Vice President of Athletics and Recreational Sports, the Director of University Center, and the Director of Human Resources.

The Dining Services' job descriptions will be approved by the General Manager of Dining Services and the Director of Human Resources.

The Public Safety and Police Services job descriptions will be approved by the Director of Public Safety and Police Services and the Director of Human Resources.

 

MEMORANDUM OF UNDERSTANDING  #1

BETWEEN

NORTHERN MICHIGAN UNIVERSITY

AND

LOCAL 1094 OF COUNCIL NO. 25 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES’ UNION (AFL-CIO)

 

NORTHERN MICHIGAN UNIVERSITY

Household Member Program

 

The Household Member Program (HMP) is a new program that expands the eligibility criteria for enrollment in Northern Michigan University’s health care plan (medical, hospitalization, and prescription drug program).  The HMP program will be implemented as soon as practicable.


REQUIREMENTS:

Under the HMP, a Full-time NMU Local 1094 employee, who does not already enroll a spouse in the health care plan, may enroll one adult individual for benefit coverage but only if all the following criteria are met:

• The employee is eligible for NMU’s benefits

• The Household Member, at the time of proposed enrollment, resides in the same residence as the employee and has done so for the previous 18 continuous months, other than as a tenant.

• The Household Member is not a “dependent” of the employee as defined by the IRS.

 

Children of the Household Member are also eligible for this benefit if they are members of the employee’s household and meet IRS dependent criteria as well as university dependent coverage for health benefits up to age 26, provided all the dependent eligibility criteria is met.

Eligibility for coverage of a Household Member, or of a Household Member’s dependent, ceases on the date that the above criteria are not met.

The following individuals are not eligible for participation in this program:

• Children of an employee and their descendents (children, grandchildren)

• Parents of an employee

• Parents’ other descendants (siblings, nieces, nephews)

• Grandparents and their descendents (aunts, uncles, cousins)

• Renters, boarders, tenants

 

This program does not affect the rights of or criteria application to any employee qualifying for enrollment in NMU’s benefits plans under any other applicable University policy.  The Employer cost of providing health benefits for Household Members is considered ordinary income and is, therefore, subject to taxes, including social security, Medicare, federal and state taxes. Household member enrollment must be completed during the open-enrollment period or no more than 30 days after all of the above criteria are met. 

In the event of an employee’s death, the surviving household member and dependent children of the household member are eligible for hospitalization and medical benefits consistent with the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) by paying the university the necessary premiums for an additional thirty-six (36) months.  After expiration of cobra benefits, an individual conversion policy is available from the carrier.

The Household Member enrollment form must be completed during the regular enrollment period or no more than 30 days after all the above criteria are met. Any information falsified on the HMP enrollment form may result in consequences that could include discipline up to and including termination from employment and/or appropriate legal action.

 

MEMORANDUM OF UNDERSTANDING #2

BETWEEN NORTHERN MICHIGAN UNIVERSITY

AND AFSCME – LOCAL 1094


This Memorandum of Understanding executed between Northern Michigan University, a Michigan constitutional body corporate (hereinafter referred to as the University), and the American Federation of State, County, and Municipal Employees’ Union Local 1094 (hereinafter referred to as the Union), the recognized bargaining agent for food, maintenance, and police employees of the University, whereas the parties agree as follows:

1. Due to the success of the work schedule experiment for bargaining unit members in the Plant Operations Steam Plant Department, it is agreed that said work schedule arrangement will be extended for the term of this agreement.

2. During this period of time, the University will schedule all of the bargaining unit members for twelve (12) hours per day with rotating shifts during each eighty (80) hour payroll period.

3. The Union recognizes and reaffirms the right of the University to alter these schedules in conformity with the Master Agreement as well as to move employees to other shifts to cover vacancies created by long-term illnesses, vacations, training, etc.

4. The University reserves the right to terminate or suspend the work schedule arrangement if in its judgment the best interests of the University will be served. Before exercising its right to terminate or suspend the scheduling arrangement, the University will meet with the Union officials to try and resolve problems related to the scheduling arrangement.

5. The Union, on behalf of its bargaining unit members, agrees that overtime will be paid to bargaining unit members participating in this scheduling arrangement only after eighty (80) hours of work in one (1) payroll period.

6. Bargaining unit members will accrue annual leave as set forth in Article 21 of the Master Agreement after being compensated for forty (40) hours in the pay period. Usage of sick and annual leave time will be charged on an actual time used basis.

7. Bargaining unit members will observe holidays and seasonal bonus days as scheduled. If a holiday or a seasonal bonus day falls on a day when the bargaining unit members affected by this schedule arrangement are not regularly scheduled to work, the regular work day closest to that day shall be scheduled as a holiday or a seasonal bonus day and the time off with pay will be at eight (8) hours for the bargaining unit members. Bargaining unit members and supervisors may schedule holidays and/or seasonal bonus days at other times by mutual agreement.

8. All hours worked on a designated holiday or a seasonal bonus day shall be treated as holiday or seasonal bonus day time.

9. Bargaining unit members affected by this scheduling arrangement will accrue three (3) personal leave days (24 hours) as set forth in Article 22 of the Master Agreement.

10. It is understood that the above action does not establish a precedent with respect to the interpretation or application of the Master Agreement or any written supplement to it.

 

COUNCIL NO. 25 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES' UNION (AFL-CIO), LOCAL 1094


ON BEHALF OF THE NORTHERN MICHIGAN UNIVERSITY BOARD TRUSTEES

Peter Dompierre
AFSCME Staff Specialist
Council No. 25
R. Gavin Leach
Vice President for
Finance and Administration
Jeffrey Smith
President
 




 

LETTER OF AGREEMENT

BETWEEN NORTHERN MICHIGAN UNIVERSITY

AND AFSCME – LOCAL 1094

This Letter of Agreement is executed between Northern Michigan University, a Michigan constitutional body corporate (hereinafter referred to as the University), and the American Federation of State, County, and Municipal Employees' Union Local 1094 (hereinafter referred to as the Union), the recognized bargaining agent for food, maintenance, and police employees of the University, whereas the parties agree as follows:

RE: COMMERCIAL DRIVERS LICENSE (CDL) SUBSTANCE ABUSE PROGRAM

I. GENERAL GUIDELINES

1. The University and the bargaining unit agree to promote a drug and alcohol free work place through education, awareness and training resulting in a safe and productive work environment.

2. Drug and alcohol testing will be done in accordance with Department of Transportation (DOT) guidelines using DOT certified drug and alcohol testing laboratories.

3. Notification of testing and results will be done in a uniform confidential manner.

4. After testing positive an employee will immediately be removed from safety sensitive duties and a meeting will be scheduled as soon as possible with the affected employee, union representative and the Director of Human Resources, and/or the director's designee.

5. During the meeting, the employee will be advised of confirmation testing, return to duty testing, substance abuse evaluation and/or recommendation of treatment; potential work/duty accommodations; discussion of financial responsibilities and possible disciplinary action; and, any Medical Review Officer (MRO) recommendations.

6. Upon recommendation of the MRO to complete a substance abuse program as a result of a positive drug and/or alcohol test, it will be the responsibility of the employee to enroll, complete and finance such treatment.

7. A suspended employee will not be eligible to accrue annual leave while on suspension due to a confirmed positive drug and/or alcohol test result.

8. An employee who is required to take a reasonable suspicion test(s) is considered unqualified to work and placed on immediate suspension, without pay, pending results of his/her test(s). If the test results are negative and the employee has fully cooperated with the testing, reimbursement will be made for the time of the suspension.

9. An employee who refuses to participate in or fails to cooperate with testing procedures of a drug and/or alcohol test will be treated as a confirmed positive test and subject to Section III of the CDL Substance Abuse Program.

10. An employee who incurs a confirmed positive drug and/or alcohol test result will be placed on disciplinary review status as set forth below.

11. An employee who is required to submit to post-accident drug and/or alcohol testing may be assigned to non-safety sensitive duties or placed on nondisciplinary suspension while awaiting the post-accident test results.

II. POSITIVE ALCOHOL TEST RESULT

1. An employee who maintains a Commercial Drivers License (CDL) and has a confirmed breath alcohol content (BAC) test result equal to or greater than .02 percent but less than .04 percent will be subject to the following:

- he/she will be removed from duty for twenty-four (24) hours without pay, and

- he/she will be subjected to six (6) additional alcohol tests in the subsequent twelve (12) months as determined by the University and will be considered to be on disciplinary review status in accordance with the CDL Substance Abuse Program.

2. An employee who maintains a CDL and has a confirmed BAC test result equal to or greater than .04 percent but less than .07 percent will be subject to the following:

- he/she will be removed from his/her duties for the remainder of the shift and for the subsequent consecutive five (5) working days without pay, and

- he/she will enroll and complete a substance abuse program as recommend by a MRO, and

- he/she will provide documentation to the Director of Human Resources, or the director's designee, indicating a less than .015 percent BAC or current DOT guidelines alcohol test upon returning to active duty, and

- he/she will be subjected to six (6) additional alcohol tests in the subsequent twelve (12) months as determined by the University and will be considered to be on disciplinary review status in accordance with the CDL Substance Abuse Program.

3. An employee who maintains a CDL and has a confirmed BAC test result equal to or greater than .07 percent will be subject to the following:

- he/she will be removed from his/her duties for the remainder of the shift and for the subsequent consecutive ten (10) working days without pay, and

- he/she will enroll and complete a substance abuse program as recommended by a MRO, and

- he/she will provide documentation to the Director of Human Resources, or the director's designee, indicating a less than .015 percent BAC or current DOT guidelines alcohol test upon returning to active duty, and

- he/she shall be subject to a Last Chance Agreement in accordance with Section IV.

4. If an employee fails to complete a substance abuse program, as a result of a positive alcohol test and recommended by the MRO, it will be treated as a confirmed positive BAC test and therefore follow the next step of the disciplinary procedure.

5. In the event an employee, who is not subject to a Last Chance Agreement, registers a second confirmed BAC positive test equal to or greater than .02 percent but less than .04 percent in a twelve (12) month period, the employee will be subject to a ten (10) consecutive working day suspension without pay. An additional minimum of six (6) alcohol tests will be administered in the next twelve (12) month period as determined by the University.

6. In the event an employee registers a second confirmed BAC positive test equal to or greater than .04 percent in a twelve (12) month period, the employee will be terminated from employment with the University.

7. In the event an employee registers a third confirmed BAC positive test equal to or greater than .02 percent in a twelve (12) month period, the employee will be terminated from employment with the University.

III. POSITIVE ILLEGAL/CONTROLLED SUBSTANCE (DRUG) TEST RESULT

1. An employee who maintains a CDL and has a confirmed positive drug test will be removed from his/her duties for the remainder of the shift and subsequent consecutive ten (10) working days without pay. A non-positive test will be required prior to returning to active duty. The employee will be responsible for scheduling a return to work test at a DOT certified lab. If non-positive test results are not available at the conclusion of the ten (10) working day suspension period, the employee will be eligible to use his/her accrued annual and/or personal leave not to exceed fifteen (15) additional working days while waiting for test results to return.

2. An employee who maintains a CDL and has a confirmed positive drug test will be subject to the following:

- enrollment in and completion of a substance abuse program as recommended by the MRO, and

- a minimum of six (6) drug tests in the subsequent twelve (12) month period from the point of a positive test occurrence, and

- a Last Chance Agreement in accordance with Section IV.

3. If an employee fails to complete a MRO recommended substance abuse program as a result of a positive drug test, it will be treated as a confirmed positive test and will result in immediate termination from employment with the University.

 

IV. LAST CHANCE AGREEMENT

An employee placed on a Last Chance Agreement will be subject to the following:

- a minimum of six (6) drug/alcohol tests subsequent to refusal to participate in a drug/alcohol test, and

- if the employee has a subsequent positive drug and/or alcohol test within a thirty-six (36) month period from the date of the prior positive test (or refusal to test), the employee will be immediately terminated from employment with the University, and

- the employee will be required to sign a receipt of said Agreement.

COUNCIL NO. 25 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES' UNION (AFL-CIO), LOCAL 1094


ON BEHALF OF THE NORTHERN MICHIGAN UNIVERSITY BOARD TRUSTEES

Jeffrey Smith
President
R. Gavin Leach
Vice President for
Finance and Administration
Peter Dompierre
AFSCME Staff Specialist
Council No. 25
 

 

 

 

LETTER OF AGREEMENT

BETWEEN NORTHERN MICHIGAN UNIVERSITY

AND AFSCME – LOCAL 1094

This Letter of Agreement is executed between Northern Michigan University, a Michigan constitutional body corporate (hereinafter referred to as the University), and the American Federation of State, County, and Municipal Employees' Union Local 1094 (hereinafter referred to as the Union), the recognized bargaining agent for food, maintenance, and police employees of the University, whereas the parties agree as follows:

RE: PEOPLE Check-off

Unless held invalid by operation of law or by any competent tribunal, the Employer agrees to deduct from the wages of any employee who is a member of the union a PEOPLE deduction as provided for in a written authorization.  Such authorization must be executed by the employee and may be revoked by the employee at any time by given written notice to both the Employer and the Union. 

The Union will provide to the Employer any additional Authorization forms under which the PEOPLE contributions are to be deducted.

A properly executed copy of such Authorization for deduction form for each employee for whom the Union PEOPLE contribution 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 forms which have been properly executed and are in effect. Any form which is incomplete or in error will be returned to the Local Union Financial Secretary by the Employer.

Deductions under all properly executed deduction forms shall become effective at the time the application is tendered to the Employer and shall be deducted from each biweekly pay period.

The Employer agrees to remit any deductions made pursuant to this provision to the Union together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance.   

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.

Under the current law, the Employer may charge an administrative fee for this service.  The Employer will notify the Union of the service fee and recoup the service fee prior to deductions being implemented in the payroll system or withheld from employees.   


Termination of Check-Off

An employee shall cease to be subject to 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.

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 a 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.

COUNCIL NO. 25 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES' UNION (AFL-CIO), LOCAL 1094


ON BEHALF OF THE NORTHERN MICHIGAN UNIVERSITY BOARD TRUSTEES

Jeffrey Smith
President
R. Gavin Leach
Vice President for
Finance and Administration
Peter Dompierre
AFSCME Staff Specialist
Council No. 25