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. They shall be approved or rejected within a period of ten (10) days following the date they are filed by the Local Union.

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.

This Agreement shall become effective on October 1, 2007, and shall remain in full force and effect until and including September 30, 2010, when it shall terminate. This Agreement shall not be extended beyond 11:59 p.m., September 30, 2010, 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 October 1, 2010.

IN WITNESS WHEREOF THE PARTIES HAVE SET THEIR HANDS:

Date Signed: 

Approved by the Board of Trustees
on December 14, 2007

Ratified by AFSCME - Local 1094
on December 10, 2007

Effective October 1, 2007, 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, 2007.

Effective October 1, 2008, 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, 2008.

Effective October 1, 2009, 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, 2009.

All 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 as set forth in the following schedules of wage rates.

The probationary rate will be paid for the length of the probationary period, one hundred and eighty (180) calendar days, except for Police Officers who shall be considered as probationary employees for the first one hundred and eighty (180) calendar days of their continuous employment and successful completion of the Basic Police School as now defined.

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 - October 1, 2007

Schedule of Wage Rates - October 1, 2008

Schedule of Wage Rates - October 1, 2009

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.

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:

RE: TRAINING PROGRAM

A joint Union and Employer Committee will meet as needed to continue evaluation and modification of the Training Program including but not limited to the following:

1.  Identification of classifications which potentially should be included; and

2.  Identify Program scope.

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 period October 1, 2007 through October 1, 2010.

2. During this period of time, the University will schedule all of the bargaining unit members for twelve (12) hours per day with one (1) eight (8) hour per day shift 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.

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.