ARTICLE 1
GENERAL PROVISIONS
1.1 Complete Agreement. This collective bargaining
Agreement represents the complete Agreement between the parties and supersedes
any and all prior agreements, understandings, customs, and practices. This
Agreement incorporates all the mutually-agreed-to subjects of negotiation,
and both parties acknowledge that they were free to discuss all matters
of concern dealing with wages, hours, and working conditions. During the
term of this Agreement, neither party will be required to negotiate with
respect to any such matters, whether or not covered by this Agreement and
whether or not within the knowledge or contemplation of either or both
of the parties at the time they negotiated or signed this Agreement. This
Agreement may be amended, modified, or supplemented only by a written document
signed by authorized representatives of both parties.
1.2 Purpose. The purpose of this Agreement is to
set forth wages, hours, and terms and conditions of employment; to establish
the procedure for the prompt and equitable resolution of grievances; and
to promote orderly and peaceful labor relations. To these ends, the University
and the Union encourage to the fullest degree friendly, professional, and
cooperative relations between their respective representatives at all levels
and among all employees.
1.3 Separability. In the event that any provision
of this Agreement, in whole or in part, is declared to be illegal, void,
invalid, or unenforceable by any court of competent jurisdiction or by
any administrative agency having jurisdiction from whose final judgment
or decree no appeal has been taken within the time provided for doing so,
all of the remaining terms, conditions, and provisions of this Agreement
which are not rendered meaningless, inoperable, or ambiguous as a consequence
of the declaration shall remain in full force and effect.
1.4.1 "Board" means the Board of Trustees of Northern Michigan
University, Marquette, Michigan, a state institution of higher education,
and its administrative agents.
1.4.2 "Union" means the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America (Technical, Office
and Professional and its Local 2178).
1.4.3 "Unit" or "bargaining unit" means the bargaining
unit defined in Section 1.5.
1.4.4 "Employee" or "bargaining unit member"
or "unit member" means a person employed in the bargaining unit
defined in Section 1.5.
1.4.5 For the purpose of this Agreement, 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.
1.4.6 Pronouns of masculine and feminine gender include each other.
1.4.7 "Board", "University," and "Employer"
are synonymous.
1.4.8 "Annual leave" and "vacation" are synonymous.
1.5 Recognition. Pursuant to and in accordance
with all applicable provisions of Act 379 of the Michigan Public Acts of
1965, as amended, the Board recognizes the Union as the exclusive collective
bargaining representative of employees of Northern Michigan University
in the unit described below for the purpose of negotiating with respect
to wages, hours, terms, and conditions of employment. The bargaining unit
as certified by Case Number R80K-423 of the State of Michigan, Department
of Labor, Employment Relations Commission, includes:
All full-time and regular part-time employees in Administrative/Professional classifications.
Excluding:
Confidential employees, Administrative/Professional employees who
supervise other Administrative/Professional employees, employees already
covered by collective bargaining agreements, and all other employees.
1.6 Use of Facilities and Services. The Union shall
be afforded:
(a) The right to send through the regular University campus mail
service and/or e-mail, newsletters and such other communications as are necessary to the
conduct of the Union's business as a collective bargaining agent, provided
such use of the mail shall not cause an unreasonable load on the system.
(b) The privilege of scheduling monthly Union meetings and meetings
for the purpose of ratification on campus in appropriate facilities free
of charge, provided suitable facilities are available at the time requested,
and the Union conforms to all regulations established by the Employer.
The Employer reserves the right to charge a reasonable fee for any set-up
or clean-up costs incident to provision of such space when appropriate
pursuant to University Center policy. Requests for such facilities shall
follow regular University procedures.
(c) The privilege of contracting, at the same rate charged to registered
campus organizations, for such of the following services as are needed
for the Union's conduct of its business as a collective bargaining agent:
printing address labels, label affixing, material folding and insertion,
duplicating, copying, audio-visual, and food; provided, however, that time
and material are available at the time requested and that provision of
such service does not interfere with normal University operations.
1.7 The Employer will not knowingly aid, promote, or finance any
group or organization (other than the Union) which purports to engage in
collective bargaining on behalf of employees in the bargaining unit. The
extent of any aid to the Union shall be specified elsewhere in this Agreement.
1.8 Continuation of Practices.
1.8.1 The University will continue to provide all current payroll
deduction options now in effect and implement any new deductions provided
by this Agreement.
1.8.2 The University will continue to pay employees on a biweekly
schedule.
When the University determines that due to inclement weather, the
University will be temporarily closed, the employees will not suffer any
loss of salary for the hours the University is temporarily closed. When
certain employees are required to report to work during such temporary
closing, they will be given equivalent time off with regular pay to be
arranged with the 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. Employees
who are not working on the Marquette campus will be governed by their local
weather conditions.
The University is not responsible for any unauthorized announcements
made by the media. Public Safety and Police Services will be the official
source which an employee may contact to determine the official policy of
the University.
If the University offices are open and the employee is unable to
report, the employee shall use annual leave, compensatory time, personal
leave, or lost time.
1.10 No Strike or Lockout. The Union agrees that
it will not, during the period of this contract or during any extension
of this contract, engage in or sanction or 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.
The Employer and the Union reaffirm in this collective bargaining
Agreement their commitments to not discriminate in violation of the statutes
of the United States or of the State of Michigan. To that end, the Employer
and the Union will not unlawfully discriminate against any bargaining unit
member in their wages, hours, or other terms and conditions of employment
including training, upgrading, transfer, layoff, discipline, or discharge
because of height, weight, religion, race, color, sex, national origin, marital
status, familial status, veteran status, age, sexual orientation, or disability. The Employer and the Union also affirm their
commitment against unlawful workplace harassment. When the Employer becomes
aware of such harassment, the Employer will comply with applicable legal
obligations to investigate and take corrective action as deemed appropriate.
The Employer will not knowingly discriminate against any member of the bargaining unit because of membership or nonmembership in the Union or for engaging in activities which may be supportive of or against the Union or any other employee group, providing such activities do not interfere with the proper performance of job duties.
1.12 Employment of Relatives. Employment and advancement
at the University shall be based solely on professional qualifications
and abilities without regard to family relationships. Concurrent employment
of members of the same family in a department or division will not be prohibited,
provided that such individuals meet and fulfill regular University employment
standards and the requirements of the respective positions.
University personnel should neither initiate nor participate in institutional
decisions involving a direct benefit (i.e., initial appointment, retention,
promotion, salary, leave of absence, etc.) to members of their immediate
families. In the event that one member of a family should be placed in
a supervisory relationship to another, the person in the supervisory position
must excuse himself from the evaluative and other decisions of potential
direct benefit to the family member; and these functions shall be carried
on by another member of the department or division and referred to the
next immediate supervisor.
1.13.1 Employees shall have the right, at reasonable intervals, to
inspect the contents of their own personnel file maintained by the Director
of Human Resources. Such right shall be initiated by a written request
to the Director of Human Resources signed by the employee which describes
the personnel record or portion of the personnel file sought to be reviewed.
The Employer will attempt to have the review take place in one (1) day,
and the file shall be made available within two (2) working days after
the written request is received whenever possible.
1.13.2 After the review described in Section 1.13.1, an employee
may obtain a copy of the information or part of the information contained
in the employee's personnel file. A fee shall be charged for the cost of
duplicating in same amount as charged to individuals for duplicating records
requested pursuant to the State Freedom of Information Act. If an employee
demonstrates that he is unable to review his personnel file at the office
of the Director of Human Resources, then the Employer, upon that employee's
written request, shall mail a copy of the requested personnel record to
the employee at the employee's expense.
1.13.3 If an employee disagrees with information contained in his
personnel file, removal or correction of that information may be mutually
agreed upon by the Employer and the employee. If an agreement is not reached,
the employee may submit a written statement explaining the employee's position.
The statement and supporting documentation shall not exceed seven (7) sheets
of 8-1/2 inch x 11 inch paper and shall be included when the information
is divulged to a third party and as long as the original information is
a part of the file. If either the Employer or employee knowingly places
in the personnel file information which is false, then the Employer or
employee, whichever is appropriate, shall have remedy through legal action
to have that information expunged.
1.13.4 Employees shall have the right to place in their files materials
which attest to their proficiency, experience, or update their educational
achievements.
1.13.5 If an employee has not already received a copy of a disciplinary
or evaluative document by the time that such a document is placed in the
employee's personnel file, the employee shall be sent a copy by certified
mail at the time it is inserted in the personnel file.
1.13.6 The official personnel record is the file that is maintained
in the Human Resources Department. If the Employer designates a new department
to assume the responsibilities of the official personnel record, the Union
will be notified of such a change.
1.14 The Employer shall post an electronic
copy of this Agreement on the Human Resources web site after ratification by both parties.
1.15 Health and Safety. The Employer shall continue to
make provisions for the health and safety of its employees during hours of
employment and affirms its obligation under federal and state laws.
1.15.1 The existing University-wide Health and Safety Committee will
meet at least once every other month (with the possible exception of the
summer months). In the event the University abolishes a University-wide
Committee, the Director of Human Resources, or the Director's designee,
shall meet with a Local 2178 UAW Committee comprised of three (3) Union
representatives at least once every other month (with the possible exception
of the summer months). Prior to the Union representative raising an item
at any Committee meeting, the employee(s) affected by the item shall bring
the matter to the attention of their immediate supervisor.
If a health or safety concern is raised at a Committee meeting and
the Union wishes to file a grievance regarding an alleged violation of
Section 1.15, then the Union may file its grievance at the Second Step
of the Grievance Procedure.
1.15.2 When any bargaining unit employee complains that the office
environment or safety conditions are so unusual that the Employer should
consider sending the employee home or relocating the employee, the employee
should follow the Office Environment Policy approved by the President's
Council on March 28, 1989 (or any subsequent modification of that Policy).
Pursuant to that Policy, the employee should notify the Human Resources
Department of such a complaint. The employee has the right to also notify
his Union steward.
1.15.2.1 Employees who have a complaint regarding routine or normal
environmental adjustments to office conditions should first call the Facilities
Department. If the Facilities Department does not respond to the complaint
within a reasonable period, the employee may then notify the Human Resources
Department and his Union steward.
1.15.3 The University will continue to provide employees with protective
clothing and/or safety equipment related to the performance of their job.
1.16 The Employer and the Union affirm their joint commitment to the
professional development of bargaining unit members through opportunities
designed to facilitate staying current in areas relevant to their current job
assignment and to facilitate movement within the University.
The Board hereby retains and reserves unto itself, without limitations,
all customary and usual powers, rights, authority, duties, and responsibilities
conferred upon and vested in it by the laws and the Constitution of the
State of Michigan and of the United States, and any modifications made
thereto, and any resolution passed by the Board. Further, all management's
rights and functions, except those which are clearly and expressly abridged
by this Agreement, are reserved to and remain vested in the Board, including
all powers, rights, and authority to manage, direct, and control the University
and its programs, properties, facilities, and employees. It is expressly
recognized, merely by way of illustration and not by way of limitation,
that such management 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, 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 all employees, establish and change work schedules,
set hours of work, establish, eliminate or change classifications, assign,
transfer, promote, demote, release, and lay off and recall employees;
(5) The right to determine the qualifications and compensation and
the conditions for the continued employment of employees, and to suspend,
discipline, and discharge employees for just cause;
(6) The right to reassign, at its discretion, to a bargaining unit
position any employee who supervises bargaining unit employees;
(7) The right to manage its affairs efficiently and economically,
and to maintain an orderly, effective, and efficient operation of the University,
including the determination of quantity and quality of service to be rendered,
the control of materials, tools, and equipment to be used, and the discontinuance
of any program, services, material, or method of operation.
3.1 During the life of this Agreement, and to the extent the laws
of the State of Michigan permit, every employee, shall choose, as a condition
of employment, one of the following two (2) options:
(a) If an employee is a member of the Union or decides to become
a member of the Union, then the employee shall tender to the Union periodic
and uniformly required Union dues;
(b) If an employee does not wish to become a member of the Union,
then the employee shall tender to the Union a service charge in an amount
not greater than periodic and uniformly required Union dues.
3.2 The amounts described in Section 3.1 shall begin with the month
following:
(a) thirty (30) calendar days after the execution date of this Agreement;
or
(b) thirty (30) calendar days after employment in the bargaining
unit; whichever date is the later; and shall be tendered monthly thereafter.
3.3 No employee shall be terminated under Section 3.1 of this Article
unless:
(a) The Union first has notified the employee by letter, explaining
that the employee is delinquent in not tendering either Union dues or service
charge, and specifying the current amount of such delinquency, and warning
the employee that unless such dues or service charge is tendered within
thirty (30) calendar days, the employee will be reported to the University
as provided in this Article; and
(b) The Union has furnished the University with written proof that
the procedure of Subsection (a) of 3.3 of this Article has been followed
or has supplied the University with a copy of the letter sent to the employee
and notice that the employee has not complied with the request. The Union
must specify the following by written notice:
"The Union certifies that _______________ has failed to tender
either the Union dues or service charge required as a condition of continued
employment under the collective bargaining Agreement."
3.4 The University will advise new employees of their obligation
under this Article, in writing, and will provide them with an Authorization
for Deduction of Union Dues or Service Charge form and the address of the
Union's headquarters.
3.4.1 Senior Administrative employees who suffer the permanent loss
of their subordinate Administrative/Professional positions will, within
three (3) months, be placed in the bargaining unit and will be subject
to all the provisions of Article 3 and provided with an Authorization for
Deduction of Union Dues or Service Charge form.
3.5 Dues or Service Charge Checkoff. During the life of this Agreement
and to the extent the laws of the State of Michigan permit and as provided
in this Article, the University agrees to deduct Union dues or service
charge levied in accordance with the Constitution of the International
Union, from the first payday of each month for each employee who voluntarily
executes and delivers to the University an authorization form, the content
of which form shall be specified in a Letter of Understanding between the
parties.
3.6 The initial deduction for any employee shall not begin unless
both:
(a) a properly executed "Voluntary Authorization for Deduction
of Union Dues or Service Charge;" and
(b) the amount of the dues or service charge certified by the Union's
Financial Officer has been delivered to the University at a place designated
by the University at least thirty (30) calendar days prior to the last
payday of the calendar month. Changes in the amount of the monthly Union
dues or service charge also must be delivered to the University at a place
designated by the University at least thirty (30) calendar days prior to
the last payday of the calendar month before the change will become effective.
3.7 An employee may revoke his "Voluntary Authorization for
Deduction of Union Dues or Service Charge" only as provided by the
terms of his voluntary authorization.
3.8 All sums deducted by the University shall be remitted to the
Union's Financial Officer at an address given to the University by the
Union once each month by the 15th calendar day of the month in which the
deductions were made, together with a list of names and the amount deducted
for each employee for whom a deduction was made. The list shall also identify
"new employees" and employees deleted since the last listing
with an explanation of the changes.
3.9 The Union agrees to make whatever adjustments are necessary directly
with an employee who may, as a result of this deduction procedure, pay
more or less than the Union's dues or service charge.
3.10 If the University fails to place an individual in the bargaining unit, who should properly be in the bargaining unit, it will, after being notified of such oversight in writing, promptly place the individual in the bargaining unit. The University shall not be liable to the Union by reason of the requirements of this Article for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the employee. In addition, the Union shall indemnify and save the University harmless from any liability resulting from any and all claims, demands, suit or any other action arising from compliance with this Article, or in reliance on any list, notice, certification or authorization furnished under this Article.