ARTICLE 12
POSITION CLASSIFICATION COMMITTEE


12.1 Definition. The Position Classification Committee shall be comprised of six (6) members: three (3) Employer representatives and three (3) members of the UAW Local 2178. Neither the Executive, Senior Management or Department Head who approves the Management Questionnaire prior to submission to the Position Classification Committee, nor the employee whose position is under consideration for reclassification, shall participate in the Committee's deliberations.

12.2 Function. To assign an Administrative Professional pay grade and title to newly created positions and to reclassify positions as a result of the changes in job content of any position.

12.3 Before any reclassification request is processed according to the procedure outlined in Section 12.4, it shall be submitted to a two (2) person Review Committee. The Committee shall consist of one (1) person appointed by the Director of Human Resources and one (1) appointed by the Union. Unless extended by mutual agreement, the Review Committee shall, within ten (10) working days after receiving the Management Questionnaire, meet to consider whether or not the request demonstrates the addition of new job duties not inherent or otherwise a part of an employee's current realm of responsibility. If the Committee decides that such a change does not exist, then the request will not be processed.

12.4 In the event of the addition of significant new job duties not inherent or otherwise a part of an employee's current realm of responsibility, the employee, the employee's Union representative, or the Employer may initiate a reclassification request by completing a Management Questionnaire which will be forwarded through proper channels to the appropriate Executive or Senior Management member. If the Executive or Senior Management member does not approve of the change in job content, the responsibilities of the position shall revert to the status quo duties before the change. If the Executive or Senior Management member approves of the change in job content, the following administrative procedure agreed upon by the Union and the Employer will be in effect. Each supervisor within the administrative channel shall review and forward the questionnaire to the supervisor at the next level within ten (10) working days. The Executive or Senior Management member will have fifteen (15) working days to approve or disapprove of the changes in job content.

(a) The classification/reclassification request will be forwarded to the Human Resources Department.

(b) A meeting of the Administrative Professional Position Classification Committee will normally be scheduled within fifteen (15) working days from the date of receipt by the Human Resources Department.

(c) The Committee will have the authority to evaluate and recommend to the Executive or Senior Management member the proper pay grade and title.

(d) The pay grade and title will be effective the day of the recommendation, if accepted by the Executive or Senior Management member.

(e) If the recommendation is not accepted by the Executive or Senior Management member, the responsibilities of the position shall revert to the status quo duties before the change in job content.

(f) The Committee may ask supervisors to participate in the meetings when deemed appropriate.

12.5 Credit will be given for supervision of student employees at fifty percent (50%) of the established standard provided there is significant supervision required.

12.6 If circumstances warrant, the Director of Human Resources, or the Director's designee, may approve an earlier date for pay of promotion other than that specified in Section 12.4(d).

12.7 Six (6) months must elapse before a position can be submitted for reevaluation unless all of the Committee members agree to waive the time limitation.

12.8 The Union will designate three (3) permanent members of the Position Classification Committee and an alternate for each one. The Committee will only convene when the permanent member or their designated respective alternate is available and that member has the Management Questionnaire at least two (2) working days prior to the meeting unless this two (2) day requirement is waived by mutual agreement.

12.9 In the event that the minimum qualifications for a position are changed, the Director of Human Resources, upon request, will meet with the Union President to discuss the basis for the change.

ARTICLE 13
POSITION POSTINGS/COMMUNICATIONS


13.1 It is the general policy of the University to fill bargaining unit positions from within whenever the best qualified applicant is available within the University. Employees may apply for positions for which they believe they are qualified. All bargaining unit applicants including "interim" bargaining unit employees who meet the minimum qualifications for a bargaining unit position will be given due consideration, including an interview, and will receive proper notification of the disposition of their applications.

13.2 In order to provide bargaining unit members an opportunity to apply for bargaining unit position openings, notice of all bargaining unit position openings will be sent to all bargaining unit members by the Human Resources Department at least ten (10) working days prior to the stated application closing date.  The notice shall include classification title, salary grade and salary range, minimum job qualifications, typical responsibilities, special requirements, job shift, and a stated application closing date.

13.3 All bargaining unit positions will be posted internally before notice of vacancies are sent to external publications or agencies.

13.4 Nothing in this Article shall prevent the Employer from accepting or considering applications received after the stated application closing date. If the application closing date is extended, it will be extended to all internal and external applicants.

13.5 The Employer may require new and continuing employees to sign an individual Employment Agreement. The purpose of the Agreement is to set forth conditions particular to the job. In the event of a conflict between the Employment Agreement and the Master Agreement, the Master Agreement will supersede the individual Employment Agreement.

ARTICLE 14
CONTRACTING AND SUBCONTRACTING AND PRESERVATION OF WORK


14.1 If work currently being done by bargaining unit employees can be performed within the required time limits and at a cost equal to or less than the cost of subcontracting the work and at a standard comparable to the subcontracting work, then such work shall not be subcontracted.

14.2 If the Employer wishes to subcontract work presently performed by bargaining unit employees, the Director of Human Resources, or the Director's designee, shall notify the Union in writing prior to the subcontractor commencing in such work.

14.3 In the event the Employer creates a classification outside the bargaining unit which includes work performed by bargaining unit employees, the Director of Human Resources, or the Director's designee, shall notify the Union in writing in advance of consideration by the Position Classification Committee.

14.4 The Director of Human Resources, or the Director's designee, will take appropriate steps to notify all department heads of the requirements of this Article.

ARTICLE 15
WORKDAY AND WORKWEEK/OVERTIME PAY


15.1 The normal workday shall consist of eight (8) hours, exclusive of a lunch period without pay; provided, however, that this shall not constitute any guarantee of eight (8) hours per day nor does it affect the requirement that an administrative employee is responsible for performing the full range of the employee's duties and responsibilities without regard to any fixed number of hours in any given workday.

15.1.1 Each full-time employee shall be entitled to a rest period of not more than fifteen (15) minutes for each half day worked. Rest periods should be taken at a time and in a manner that does not interfere with the efficiency of the work unit. The rest period may not be used to cover an employee's late arrival or early departure, nor may it be regarded as accumulative if not taken.

15.2 The normal workweek shall consist of five (5) days of forty (40) hours per week; provided, however, that this shall not constitute any guarantee of five (5) days or forty (40) hours per week nor does it affect the requirement that an administrative employee is responsible for the full range of the employee's duties and responsibilities without regard to any fixed number of hours in any given workweek.

15.3 For the purpose of determining compensation for time worked beyond the normal workweek, employees will reside in one (1) of three (3) groupings: (See Appendix A and 2006 Memorandums of Understanding)

(a) Nonexempt employees as defined by state or federal law.

(b) Exempt employees, except employees working in live-in positions.

(c) Employees working in live-in positions.

15.3.1 Overtime shall be assigned at the discretion of the Employer. Where it is practical to do so, the University agrees to give employees forty-eight (48) hours advance notice of required and scheduled overtime.

15.3.2 All overtime work, except that done in emergency situations, must be approved in advance and must be worked as directed by each employee's supervisor. Overtime pay or compensatory time off shall not be awarded for overtime work not approved in advance by the supervisor. If an employee performs work in an emergency situation, the employee may apply for overtime or compensatory time approval after the work is performed. 

15.3.3 An employee who is on annual leave and reports for work at the Employer's request, will not be charged annual leave for that day.

15.3.4 For purposes of computing overtime pay or compensatory time off, a paid holiday, paid sick day, or paid vacation day shall be considered as time worked.

15.3.5 Upon approval of the appropriate Executive or Senior Management member, "flex-time" (i.e., a schedule of hours different from the regular workday) may be maintained in a department.


15.3.6 Before an employee with compensatory time transfers to another department, a meeting shall be scheduled with the employee, the Union President, or designee, the director of the former department, the director of the new department, and a representative of Human Resources to discuss any concerns regarding use or pay out of the compensatory time.


15.4 NONEXEMPT (OVERTIME ELIGIBLE).  The Employer will pay overtime as required by state or federal laws to those nonexempt employees eligible for overtime payments under applicable law.

15.4.1 At the nonexempt employee's request and with approval of the employee's supervisor, an hour and one-half of compensatory time off shall be allowed for each hour of overtime worked.

15.4.2 Accrued hours of compensatory time may be "banked" up to a total of two hundred and forty (240) hours of compensatory time [one hundred and sixty (160) hours of overtime worked].  The Employer shall have the option of paying a nonexempt employee for any accrued compensatory time in excess of eighty (80) hours of compensatory time.  

15.4.3 A nonexempt employee who has accrued compensatory time and requests use of the time shall, with the approval of the employee's supervisor, be permitted to use the time off within a reasonable period of time after making the request provided that it does not unduly disrupt the operations of the Employer.  The Employer agrees to consider the desires of the employee when scheduling use of compensatory time.

15.4.4 If the Employer cannot grant a nonexempt employee's request for use of compensatory time within a reasonable period because it would unduly disrupt the Employer's operation, the Employer agrees that the employee shall have the option of being paid any or all of the employee's unused "banked" compensatory time.  The employee shall provide written notice to the Employer and shall be paid the requested "banked" compensatory time on the second pay date after receipt of the written notice.

15.4.5 A nonexempt employee required to report for work for which there has been no advance notification and which is not continuous with the employee's scheduled work period, shall be guaranteed at least three (3) hours' pay.

15.5 EXEMPT (OVERTIME INELIGIBLE).  Exempt employees required and scheduled to work over forty (40) hours in a regular workweek may request an equal amount of compensatory time off. However, if an employee voluntarily works additional time without prior approval, the employee may not be eligible for compensatory time off.  Compensatory time will be granted at times when it does not interfere with the departmental operation. This provision does not apply to circumstances as defined in Sections 15.5.1, 15.5.2, 15.5.3, and the 2006 Memorandums of Understanding.  

15.5.1 When exempt employees are required to travel and their absence from campus extends beyond 8 p.m. or overnight, they will receive two (2) hours of compensatory time for each day of travel; provided that the employee has exceeded the normal workday. However, bargaining unit members based in Marquette, who are required to travel for purposes of student recruitment on behalf of the Office of Admissions and are required to stay overnight, will receive two (2) hours of compensatory time for each day traveled.

15.5.2 Attendance at professional development conferences or events, off-campus travel except as stated in Section 15.5.1, and unapproved time spent at work beyond the normal workday or workweek, shall not qualify for compensatory time.

15.5.3 Exempt employees working in live-in positions, in view of their compensation in the form of room and board and living arrangements, and due to the unique requirements of their jobs, shall not be entitled to overtime or compensatory time; provided, however, when an employee working in a live-in position is required to work on a University holiday, one (1) day of compensatory time shall be allowed for each holiday worked. In addition, employees working in live-in positions will be off duty two (2) weekends per month or have the option of one (1) weekend and two (2) additional days per month by prior arrangement with the appropriate supervisor.


15.5.4 Any compensatory time accrued and approved under Sections 15.5, 15.5.1, and 15.5.3 between July 1 and December 31 will be used by June 30 of the following year and any compensatory time accrued and approved under Sections 15.5, 15.5.1, and 15.5.3 between January 1 and June 30 will be used by December 31 of the same year, with the provision that an extension may be approved by the Director of Human Resources or the Director's designee.  The University agrees to consider the desires of the employee when scheduling compensatory time off.