An employee reporting for duty at the Employer's request for work which the employee had not been notified in advance and which is outside of and not continuous with the employee's regular work period, shall be guaranteed at least three (3) hours of pay at the rate of time and one-half.

An employee reporting for duty on a Seasonal Bonus Day at the Employer's request for work which the employee had not been notified in advance and which is outside of and not continuous with the employee's regular work period, shall be guaranteed at least three (3) hours of pay at the rate of time and one-half. If an employee works beyond the three (3) hours, the additional time worked is paid at straight time and the employee will also be given the additional time worked off with pay, the time to be arranged with the employee's supervisor who will make an effort to grant the additional time off as near as practical to the designated Seasonal Bonus Day.

An employee who reports for scheduled work and no work is available will receive three (3) hours of pay at the employee's regular straight time rate.

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

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 A

Seniority shall not be affected by the height, weight, religion, race, color, national origin, marital status, sexual orientation, familial status, veteran status, disability, age, or sex of the employee. Seniority shall be on a bargaining unit-wide basis.

All present employees who are included within the bargaining unit and who have served their probationary period shall be credited with accumulated seniority as of the employee's last date of hire.

Effective September 20, 1999, bargaining unit members working in full-time, less than twelve (12)-month positions will accrue seniority during the designated time periods the bargaining unit members are actively employed.  For example, a bargaining unit member whose nine (9)-month work assignment begins August 1 and extends through April 30 will not accrue seniority during the months of May, June, and July.  A bargaining unit member's seniority date will be adjusted at the time the member's employment status changes.  For example, a nine (9)-month assignment increases to twelve (12)-month status.

In the event that two (2) or more employees have identical seniority dates, seniority will be determined by alphabetical order by last name as of the date of hire.

Section B

1. There shall be no seniority or rights of recall for persons who are employed for specific temporary jobs lasting six (6) months or less. The Employer shall have the exclusive right to transfer these persons to other specific temporary jobs or sever them from employment during this period. However, if any of these persons are transferred to a regular job other than temporary within the bargaining unit within a six (6)- month period, they will be entered on the seniority list as of the latest date of hire.

2. With the exception of Item 1 above, the Union shall represent temporary employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment, except discharged or disciplined employees for other than Union activity. The probationary period in respect to wages only for temporary employees shall be one hundred and eighty (180) calendar days of continuous employment. Fringe benefits for temporary employees is limited to holiday pay only, provided that the employee has been on the payroll for two (2) consecutive pay periods and has worked at least twenty (20) days immediately preceding the holiday. Payroll deductions for union dues shall be made for those temporary employees who are on the payroll for two (2) consecutive pay periods and have worked at least fifteen (15) days during the two (2) consecutive pay periods. Such a deduction shall be dependent upon the Employer's receipt of a Dues Authorization Card.

Section C

1. Seniority Lists of the date of this Agreement will show the names, job classifications, department, and date of hire of all employees of the Unit entitled to a ranking for seniority. Service records in effect at the date of this Agreement shall be used by the parties hereto as the records of continuous service as of such date.

2. The Employer will keep the seniority lists up to date at all times, and whenever a Steward shall raise a question of seniority, shall make the seniority list available for the Steward's inspection for the purpose of settling the question. The Employer will furnish the Union with a copy of the current seniority list every month.

Section D

An employee shall lose seniority for the following reasons:

1. The employee quits and is not rehired by the University within thirty (30) days after the employee's last day of work.

2. The employee is discharged and the discharge is not reversed through the Grievance Procedure.

3. The employee is absent from the employee's  job for three (3) consecutive working days without notifying the Employer. In proper cases, exceptions shall be made by the Employer. After such absence, the Employer shall send written notification to the employee at the employee's last known address that the employee has lost seniority, and the employee's employment has been terminated with a copy to the Union President. If the disposition made of such case is not satisfactory, the matter may be referred to the Grievance Procedure, but the Employer will not accept a grievance of this kind that is initiated more than one (1) month after the occurrence of the incident.

4. If the employee does not return to work when recalled from layoff within eight (8) calendar days from the date of receipt of notice of recall. In proper cases, exceptions shall be made by the Employer.

5. Failure to return to work within the time limits of a leave of absence, an extended leave of absence, or an approved seasonal leave of absence, will be treated the same as 4 above.

6. Failure to accept a position of the same classification and shift upon return from a personal leave of absence.

7. Laid off and not recalled for a period equal to the length of the employee's seniority at time of layoff or five (5) years whichever is shorter.

New employees hired or transferred into the unit shall be considered as probationary employees for the first one hundred and eighty (180) calendar days of their continuous employment. When an employee finishes the probationary period, the employee shall be entered on the seniority list of the unit and shall rank for seniority from one hundred and eighty (180) calendar days prior to the date the employee completed the probationary period.

Police Officers shall be considered as probationary employees for the first one hundred and eighty (180) calendar days of their continuous employment following being sworn in after successful completion of the Basic Police School as currently defined.

There shall be no seniority among probationary employees.

The Union shall represent probationary employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment, except discharged or disciplined employees for other than Union activity.

New employees will be hired at the probationary rate of the job. The probationary rate will be ten percent (10%) below the six (6)-month rate and will be paid for the length of the probationary period.

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 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, probationary employees and seniority employees will be laid off by classification within their districts or their recognized work area as defined in Article 9, Section D. Seniority employee may exercise their bumping rights, within their classification, to bump probationary employees outside of their district or their recognized work area as defined in Article 9, Section D.  If no probationary employees exist within their classification, seniority employees may bump temporary employees working 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.

Section A Definitions

1. Departmental Lateral Transfer.  A departmental lateral transfer is defined as the movement of an employee to a job opening within the employee’s same classification and department.  The Employer will give serious consideration to employees within the classification and department prior to posting a vacancy.

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

3. 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.

4. Department.  Department is defined as Plant Operations, Intercollegiate Athletics and Recreational Sports, Housing and Residence Life, University Center, Dining Services, and Public Safety and Police Services.

Section B Job Posting and Bidding Procedure

1. After the departmental 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 a bid 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 a bid form 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. If employees with seniority bid on a posted vacancy within their same classification, the employee with the most seniority shall be offered the job.

5. Employees with seniority who bid on a job in another classification and who possess the basic qualifications, shall receive an interview.

6. The Employer may after the internal posting and interview process expand the pool of candidates by conducting an external search. No external applicant will be offered the position unless there is a great difference in qualifications.

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

7. In any case where the internal posting produces no candidates who bid on the position or who meet the basic qualifications, an external search may occur. Applications received from bargaining unit members during the external search may not be considered.

Section C Relief/Special Projects Workers

Employees interested in becoming relief/special projects workers within their department 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. 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 department employees. Any disputes arising in this Section will be dealt with in a Special Conference. Rates of pay will be reflected in the Schedule of Wage Rates.

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 bid for a vacancy in accordance with the provisions of Section B and is not selected for the position will receive a copy of his/her bid form 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, need not be considered by the Employer for a subsequent advertised vacancy during the six (6)-month period following the effective date of the employee's movement.