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.

Section A

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.

Section B

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.

Section C

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:

Section A

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.

Section B

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.

Section C

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.

Section D

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.

Section E

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.

Section F

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.

Section A

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.

Section B

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.

Section C

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.

Section D

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.

Section E

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.

Section F

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.

Section G

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.