Employees first hired January 1, 1996 or later who are scheduled to work at least twenty (20) hours per week and complete the necessary applications within ninety (90) days of their date of hire will be members of Teachers Insurance and Annuity Association-College Retirement Equities Fund (TIAA-CREF).
For those employees hired prior to October 1, 1998 who participate in TIAA-CREF, the University contribution to TIAA-CREF will be twelve and one-half percent (12.5%) of the first $20,000 of salary and seventeen and one-half percent (17.5%) of any salary above $20,000.
For those employees hired June 1, 2011 or later who participate in TIAA-CREF, the employer shall contribute seven and one quarter percent (7.25%) of salary. In addition, the University will provide a contribution match up to one and one half percent (1.50%) of an employee’s equal contribution amount.
Effective January 1, 2000, the salary base for retirement contribution purposes will no longer include "in kind" payments (e.g., value of meals, lodging, personal use portion of an employer-furnished vehicle, etc.)
Effective January 26, 2006, the University shall make contributions to the Non-ORP with TIAA-CREF for MPSERS retirees who are scheduled to work at least twenty (20) hours per week and who have completed the necessary application forms within ninety (90) days of their employment date. Employees scheduled to work less than twenty (20) hours per week will not have retirement contributions made on their behalf by the Employer.
For those NON-ORP employees hired June 1, 2011 or later who participate in TIAA-CREF, the employer shall contribute seven and one quarter percent (7.25%) of salary. In addition, the University will provide a contribution match up to one and one half percent (1.50%) of an employee’s equal contribution amount.
To be considered a retiree and eligible for retirement benefits and privileges as a retiree of Northern Michigan University, regardless of the retirement program in which an employee participates, the total of an employee's age and years of service at Northern Michigan University must equal or be greater than seventy (70) as of the retirement effective date and the employee must have a minimum of ten (10) years of full-time service with the University.
All regular full-time employees hired prior to October 1, 1998 who are actively at work or on sick leave or annual leave as of October 1 of any year shall be entitled to receive longevity pay for length of continuous service with the Employer according to the following rules and schedule of payments. Prorated payments shall be made to those employees who are on Workers' Compensation or Short-Term Disability.
a. Longevity pay shall be computed as a percentage of the employee's gross earnings for the prior calendar year (the year that ended on the December 31 preceding the October 1 eligibility date) as shown on the employee's Form W-2.
b. Following completion of six (6) years of continuous full-time service on or before October 1 of any year according to the seniority list and continuing in subsequent years of such service, each employee shall receive annual longevity payments as provided in the schedule.
d. Prorated payments shall be made to those employees who retire under the University retirement plan based on the prior year's Form W-2. This also applies to those employees not under the retirement plan but who are sixty-five (65) years of age at the time of their separation. In case of death, longevity payments shall be made to the beneficiary as designated on the Authorization to Disburse Earnings and Allowances form on file in the Human Resources Department. Such prorated payments as indicated above shall be based on the number of calendar months of full-time service credited to an employee from the preceding October 1 to the date of retirement, separation, or death and shall be made as soon as practicable thereafter.
All employees covered under this Agreement, their spouses, and dependents as defined by the I.R.S. shall be entitled to receive a twenty percent (20%) discount on all books purchased and a ten percent (10%) discount on all other items purchased from the Northern Michigan University Bookstore. These discounts shall not apply to sale items or cap and gown rentals and purchases.
2. Employees, spouses, and dependent children as identified in Item #1 and in accordance with University policy, shall be allowed to take an unlimited number of credit hours per semester. Those who participate in this Program are not eligible to receive additional University-funded scholarships or grants.
3. Employees may enroll in courses up to a maximum of four (4) credit hours during regular working hours. Arrangements for such time off must be made with the immediate supervisor. All time so devoted will be made up within the same biweekly pay period through arrangements with the immediate supervisor and/or department head. If the Employer assigns a bargaining unit member to take a class offered only during the employee's scheduled work time, the employee shall not be required to make up the time. Employees may bring courses to the attention of their supervisor that are designed to facilitate staying current in areas relevant to their current job assignment and to facilitate movement within the University.
4. No employee on a leave of absence (except those receiving long-term disability benefits) or their spouse or dependent children as identified in Item #1 and in accordance with University policy, shall receive such a scholarship unless it is approved by the Director of Human Resources prior to the commencement of such leave.
5. In the event of an employee's death, the surviving spouse as long as he/she does not remarry, and dependent children as identified in Item #1 and in accordance with University policy, who are participating in the Tuition Scholarship Program as specified above at the time of the employee's death may continue in the Program until completion.
6. In the event of death to an employee who had at least fifteen (15) years of service at NMU, the surviving spouse, as long as he/she does not remarry, and the dependent children as identified in Item #1 and in accordance with University policy, when they become eligible for enrollment at NMU, may participate in the Program until they complete their course of study.
All employees may acquire a single recreation membership for themselves, free of charge, by completing the annual application process. The cost of an annual family membership may, in the alternative, be reduced by the cost of a single membership for the family of such employees. Once per year, employees may sponsor one (1) person, other than their spouse, for a recreation membership at the reduced rate which would otherwise be afforded family members of employees.
The Employer will allow employees who complete the necessary forms to receive one (1) parking decal at no cost and have the cost of additional parking decal fees deducted from their payroll check on a pre-tax basis.
Two (2) members of the Union shall be representatives on the University Safety Committee. This Committee shall meet periodically during regular working hours for a period not to exceed two (2) hours for the purpose of serving as the central clearinghouse for all issues related to safety. As of 1989, the University Safety Committee acts as an advisory group to the University administration for apprising them of potentially unsafe procedures, practices or conditions; and developing and implementing recommendations for controlling or correcting problems. The Committee is charged to review compliance with current rules, codes, and regulations, discuss accident prevention methods, safety education and training, compliance inspections and investigations, hazardous material storage and removal, and compliance with the Right to Know Law. The Committee is also charged to discuss, evaluate and implement recommendations on various safety related issues brought to the attention of Committee members.
A. Employees will be informed as to the nature of business for which their supervisors may require their presence for a meeting. If the nature of the business is for disciplinary action or reprimand of a serious nature, the employee will have the right to representation by his Chief Steward or in the absence of the Chief Steward the Local Union President if the employee so requests.
C. Notice of Discharge or Discipline. The Employer agrees promptly upon the discharge or discipline of any employee to notify in writing the Steward of the district, the Chief Steward and the Local Union President of the discharge or discipline.
D. A discharged or disciplined employee will be allowed to discuss his/her discharge or discipline with the Steward of the district, and the Employer will make available an area where the employee may do so before the employee is required to leave the property of the Employer. Upon request, the Employer or the Employer's designated representative will discuss the discharge or discipline with the employee and the employee's Steward. Exception may be made to this provision when immediate action is taken by the University to remove an employee from the premises in cases involving violence or willful destruction of property.
E. Appeal of Discharge or Discipline. Should the discharged or disciplined employee or the Steward consider the discharge or discipline to be improper, the discharge or discipline will be a proper matter for the grievance procedure and will be submitted in writing to the third (3rd) step of the grievance procedure within ten (10) working days of receiving the notice of discharge or discipline.
F. Use of Past Records. In imposing any discipline on a current charge, the Employer will not take into account any prior infractions written and on file in the employee's personnel file that is maintained in the Human Resources Department that occurred more than two (2) years previously unless the infractions include suspensions of three (3) or more days in which case the Employer may use past records that occurred three (3) years previously.
The number of representation districts in the unit shall be the agreed upon number. Unit wide, as used in this Agreement, shall mean the total bargaining unit. The Employer and the Union may redistrict the unit from time to time by agreement. Districts, as used in this Agreement, shall mean an agreed upon area of the Employer for the purposes of establishing Steward representation districts.
It is mutually recognized that the principle of proportional representation which reflects the increase and decrease in the work force is a sound and sensible basis for implementing this section of the Agreement.
Current representation districts are: District 1, Quad 1 and Quad 2; District 2, University Center Quad and University Apartments; District 3, Facilities and Intercollegiate Athletics and Recreational Sports Departments - First Shift; District 4, Facilities and Intercollegiate Athletics and Recreational Sports Departments - Second Shift; District 5, Facilities and Intercollegiate Athletics and Recreational Sports Departments - Third Shift; District 6, Facilities Department - Grounds, Trades, Power Plant; and District 7, Public Safety and Police Services.
2. The Stewards, during their working hours, without loss of time or pay, may in their own district, in accordance with the terms of this section investigate and present grievances to the Employer, upon having received permission from the Steward's supervisor to do so. The supervisor will grant permission and provide sufficient time to the Stewards to leave their work for these purposes subject to necessary emergency exceptions. The privilege of Stewards leaving their work during working hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused; and Stewards will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. Any alleged abuse by either party will be a proper subject for a Special Conference and/or disciplinary action.
3. A Chief Steward may be designated to investigate and discuss grievances with district supervisors and/or district Stewards prior to reducing the grievance to writing. In the absence of the Chief Steward, the Local President may act as the Chief Steward. The Chief Steward or the Local President in the Chief Steward's absence may leave work during working hours without loss of pay based on the understanding that his/her supervisor has granted him/her permission to leave work, that the time will be devoted to the prompt handling of legitimate grievances and that he/she will perform his/her regularly assigned work at all times except when necessary to leave his/her work to handle grievances as provided herein. Any alleged abuse by either party will be a proper subject for a Special Conference and/or disciplinary action.
4. The Union will furnish the administrative head of the unit with the names of its authorized representatives and members of its Grievance Committees, and such changes as may occur from time to time in such personnel, so that the Employer may at all times be advised as to the authority of the individual representatives of the Union with which it may be dealing. The Employer will, in return, through its administrative heads of the units keep the Union advised as to its representatives.
A grievance is defined as a disagreement, arising under and during the term of this Agreement, between the Employer and any employee concerning (1) his employment and (2) the interpretation and application of the provisions of this Agreement. Such a grievance may be submitted only by the aggrieved employee in accordance with the procedure set forth in Section F; except that the Union President or the Union President's designated representative may submit a grievance on behalf of an aggrieved employee, beginning at Step 1 of the grievance procedure, provided the grievance is submitted within ten (10) working days following the day on which the aggrieved employee had knowledge of the facts giving rise to the employee's grievance and the aggrieved employee refuses to process his/her grievance. Such a grievance by the Union President must set forth the reasons the Union President is processing the grievance. In proper cases exceptions may be made if mutually agreed upon by the Union President and the Director of Human Resources or their designees.
A group grievance shall be defined as one in which the fact questions and the provisions of the Agreement alleged to be violated are the same as they relate to each and every employee in the group. In the event that employees have a group grievance, it shall be sufficient if one (1) employee or their Steward or Chief Steward submits the grievance on behalf of all named and similarly affected employees. Such group grievances shall begin at that step of the grievance procedure where all affected employees have a common Employer representative.
A Union grievance is defined as a disagreement, other than one which can be processed under Section C or D above, arising under and during the term of this Agreement, between the University and the Union concerning the interpretation and application of the provisions of this Agreement on a question which is not an employee grievance.
In the event that the Union has a grievance, it shall begin at Step 3 of the grievance procedure, provided the grievance is submitted within ten (10) working days following the day on which the Union had knowledge of the facts giving rise to the grievance. Such a grievance shall be submitted by the Union President or the Union President's designated representative.
Any employee or groups of employees having a grievance in connection with his/her or their employment shall present it to the Employer as follows and provided that no grievance shall be considered unless it is presented to the first step of the grievance procedure by the employee or Steward, within ten (10) working days of the time the employee or the Union has obtained knowledge of its occurrence. In no event shall monetary adjustments of a grievance cover a period prior to one hundred and twenty (120) calendar days before the filing of a written grievance.
Grievances which by their nature are not capable of being settled at a preliminary step of the Grievance Procedure may, by mutual agreement between the Director of Human Resources or the Director's designee and the Union President or the Union President's designee, be filed at the appropriate advanced step where the action giving rise to the grievance was initiated or where the requested relief could be granted.
If an employee believes he/she has a grievance, the employee should first discuss the matter with the employee's immediate supervisor. In the event the employee is not satisfied with the supervisor's disposition of the matter, the employee may refer the grievance to the Steward of the employee's district. If the Steward believes that the employee has a legitimate grievance, the Steward may begin the formal process by presenting the written grievance to the supervisor.
If the grievance is not thereby resolved, the employee and the Steward may confer with the Chief Steward, and then present the written grievance to the administrative head of the unit or division within five (5) working days of the Step 1 written answer.
If the representatives of the Employer and the Union representatives do not dispose of the matter at Step 2 of the Grievance Procedure and the Union believes that the matter should be carried further, it shall then refer the matter to Council No. 25. The representatives of the Council as well as the Local President and/or Chief Steward shall meet with the Director of Human Resources and Employer representatives for the purpose of attempting to resolve the dispute(s), provided that such meeting will be requested in writing within fifteen (15) working days from the date of the Step 2 answer. The Employer will respond in writing to the Union within fifteen (15) working days of the Step 3 meeting.
If, as a result of the Step 3 meeting, the dispute(s) remains unsettled, and the Council wishes to carry the matter further, Council No. 25 will, within thirty (30) working days from the date of the Employer’s Step 3 response, assign a Council log number to the grievance, name and notify the appropriate arbitrator from the panel, and notify the Director of Human Resources, or the Director’s designee, by certified mail that the grievance is going to arbitration. The date of notice will be the date of the postmark. The notification to the arbitrator will be by a mutually agreeable form letter and will include both the Employer and the Council grievance numbers and the subject of the grievance.
b. No grievance claiming back wages shall exceed the amount of wages the employee otherwise would have earned at his regular rate less any payment the employee may have received from unemployment compensation during the period of suspension or discharge from employment with the University.
c. The arbitrator's decision shall be final and binding upon the University, the Union and the employee or employees involved. The Union will discourage any attempts of its members in any appeal to any court or labor board from a decision of any arbitrator.
e. Each party shall be responsible for compensating its own representatives and witnesses in an arbitration hearing. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pay for the record and make copies available without charge to the other party.
The Employer and the Union shall select an arbitrator from the panel of arbitrators on a rotating basis. The arbitrators shall be placed on the panel in the order identified above. The first arbitrator selected shall be the arbitrator whose name is at the top of the list. After an arbitrator has been assigned a grievance, his/her name shall be placed at the bottom of the list. The arbitrator whose name is then at the top of the list shall hear the next grievance, and so on. If a selected arbitrator is not able to hear a grievance, his/her name shall remain in the same place on the list and the next arbitrator on the list shall be selected. This procedure shall continue until an arbitrator is selected. When an arbitrator is selected, the parties shall jointly ask the arbitrator to provide a hearing date (or dates). If the arbitrator is unable to offer a hearing date within twelve (12) months of selection, the parties may, by mutual agreement, select the next arbitrator on the list if that arbitrator is available to hear the grievance sooner.
If none of the arbitrators is available to hear the grievance within twelve (12) months after selection, the parties shall jointly submit the grievance to the American Arbitration Association and thereafter it shall be handled in accordance with the Voluntary Labor Arbitration Rules.
1. The Union representatives may meet at a place designated by the Employer on the Employer's property for at least one-half (1/2) hour immediately preceding a meeting with the representatives of the Employer for which a request has been made.
2. The Local President or his/her representative shall be allowed time off his/her job without loss of time or pay to investigate a grievance he/she is to discuss or has discussed with the Employer, upon having received permission from his/her supervisor to do so. The supervisor will grant permission and provide sufficient time to the Local President or his/her representative to leave work for these purposes subject to necessary emergency exceptions. The privilege of the Local President or his/her representative leaving work during working hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused; and the Local President or his/her representative will perform his/her regularly assigned work at all times, except when necessary to leave his/her work to handle grievances as provided herein. Any alleged abuse by either party will be a proper subject for a Special Conference.
5. A grievance may be withdrawn without prejudice, and, if so withdrawn, all financial liabilities shall be cancelled. If the grievance is reinstated, the financial liability shall date only from the date of reinstatement. If the grievance is not reinstated within three (3) months from the date of withdrawal, the grievance shall not be reinstated. Where one (1) or more grievances involve a similar issue, those grievances may be withdrawn without prejudice pending the disposition of the appeal of a representative case. In such event, the withdrawal without prejudice will not affect financial liability.
6. Time limits on answers may be extended with the mutual consent of both the Union and the Employer, provided that such a mutual extension shall be verified in writing by both parties within five (5) working days.
Special Conferences for important matters will be arranged between the Local President and/or Chief Steward and the Employer or its designated representative upon request of either party. Such meetings shall be between at least two (2) representatives of the Employer and at least two (2) representatives of the Union. 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. The members of the Union shall not lose time or pay for time spent in such Special Conferences. This Conference will 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 Conference. This meeting may be attended by a representative of the Council or a representative of the International Union.
1. It is the policy of the University that supervisory employees shall not perform work in any job classification of the bargaining unit; however, it is understood that occasionally management personnel are required to perform manual tasks and, in those situations, the Union agrees that there is no violation of the policy herein stated.
2. Additionally, it is understood that, in emergency situations when regular employees are not available, supervisory employees may be required to perform work within specific job classifications. The same thing is true when operational difficulties are encountered or in the testing of material or equipment, or when regular unit employees do not have the ability to do the work. Likewise, instruction or training of employees may well include demonstrating proper methods of accomplishing the tasks assigned.
If the Employer wishes to subcontract work presently performed by bargaining unit employees, the Employer shall notify in writing the Union President or in the Union President's absence the Chief Steward of the proposed course of action and, if requested, provide the union with relevant information thereon. In the event that subcontracting may result in the layoff of a bargaining unit member, the Employer will provide the union with thirty (30) days' notice and will supply the union with relevant information.
All employees in the bargaining unit will receive $100 per year as a uniform allotment, payable the last payday in September. With the exception of Dining and Police Services, all employees will be required to wear University-supplied shirts and employee-supplied pants. Dining and police services employees will be required to wear University-supplied uniforms, which complies with their department policy. The University reserves the right to require that the attire worn by the employee present an appropriate appearance.
The only exception to the preceding paragraph is Dining Services' and Public Safety and Police Services' employees who will continue to have their uniforms furnished and maintained by the Employer at the discretion of the Department Head.
New employees will be given a uniform allotment of $100 at the end of the probationary period. No employee will receive more than a $100 allotment in a one (1)-year period. First year employees will receive a prorated uniform allotment on the last payday of September after hire equal to $8.33 per month for the months since the date they ended their probationary period. For example, an employee hired in March completes his/her probationary period in June. The employee would then receive a $100 allotment. The following September the employee would receive a $24.99 allotment.
Northern Michigan University and Local 1094, American Federation of State, County and Municipal Employees, recognize and agree that the employment of students is a part of the total employment program and recognize the necessity of employing students during the vacation periods including summer vacation.
Northern Michigan University recognizes its obligation to its full-time regular employees. Therefore, it will be the policy of Northern Michigan University to limit the offer of employment opportunities to student labor when all regular full-time employees who desire to work are working and they will not be hired to replace regular employees who can do the job under consideration.
It is further understood that student labor normally will be limited to students of Northern Michigan University and who shall be placed in positions traditionally held by students. Applicants will be referred to departments for approved openings in the same nondiscriminatory manner as is used for regular employees.
In the event the University receives a grant from any outside funding agency to employ qualified individuals with disabilities, the University may place up to a maximum of five (5) such employees in newly created grant positions. The rate of pay would be negotiated with the funding agency but will not exceed AFSCME pay rates.
AFSCME employees are considered essential personnel and a vital part of Northern Michigan University. Therefore, on those days when the University officially closes, AFSCME employees, if scheduled, are to report to work. Any employee who finds it impossible to report to work due to inclement weather must notify the employee's supervisor or Public Safety and Police Services prior to the start of his regularly scheduled shift and may use a personal leave day to cover such absence without prior notification, or may use accrued annual leave or floating Seasonal Bonus Day, if applicable. In cases where the police have closed roads making it impossible to travel to the University, employees so affected will suffer no loss of pay. Those employees who do report to work/campus will be given equivalent time off with pay to be arranged with their supervisor.
Compensatory time will not be given to any employee who is on leave, annual leave, sick leave, or on University business in an area not affected by the temporary closure or local weather conditions for the period during which the University is temporarily closed.
The official sources for authorized announcements are public safety and police services (227-2777) and the NMU website determination of temporary closure will be made at the earliest practical time. For additional details, the inclement weather procedures can be accessed at the following weblink:
As stated in the procedure referenced above, If the University offices are open and the employee is unable to report, the employee shall use annual leave, personal leave, or lost time.
Section H Master Agreement
The Employer shall post an electronic copy of this Agreement on the Human Resources web site after ratification by the Union membership and approval of the Board of Trustees.
Section I Union Meetings
For the purpose of attending the regular monthly Union meeting, employees working during the time the meeting is scheduled may ask their supervisor for one (1) hour off to attend the meeting. The supervisor may deny the request for reasons such as operational needs or emergency requirements. If the request is granted, an employee must make up the time at either the beginning or end of the shift on the day of the meeting.