12.0 Promotions and Other Transfers

12.1 Definitions

12.1.1 Promotion. A promotion is defined as the transfer of an employee to a regular job opening in a classification assigned to a higher pay grade.

12.1.2 Regular Job Opening. A regular job opening is a position which is expected to be filled for more than four (4) consecutive months unless mutually extended by the Union and the Employer.

12.1.3 A transfer is defined as the explicit movement of an employee from one regular job opening in a classification to another during which time the employee performs or is expected to perform the full range of duties which are characteristic of the classification description.

12.1.4 A temporary transfer is defined as the explicit movement of an employee to a position during which time the employee performs or is expected to perform the full range of duties which are characteristic of the position. A temporary transfer will generally not exceed the duration of time necessary to cover for the expected return of an absent employee or fluctuation in the department's work activity.

12.1.4.1 If an employee, upon written notification from the employee's supervisor with prior approval from the appropriate Vice President or President, is required to perform the full range of duties of a higher graded classification for a period of fourteen (14) calendar days or longer, they will receive a five percent (5%) increase in their current salary or the minimum of the higher classification, whichever is greater. This increase will be retroactive to the day they were required to perform such duties. When the temporary assignment is completed, the employee will receive the salary then in effect for the employee's original classification.

12.1.4.2 If an employee is temporarily assigned to the duties of a lower graded classification, there will be no reduction in salary.

12.1.4.3 Any grievance of the provisions of temporary assignment will be processed at Step Three of the grievance procedure.

12.1.5 Requisite Qualifications. Requisite qualifications mean that the records of the University or other knowledge made known to the University indicate with reasonable certainty that the employee will be able to perform competently the full range of duties of the regular job opening within a reasonable period of time. Competent performance includes acceptable interpersonal skills.

12.1.6 Normal orientation shall be as defined in Section 8.6.

12.2 Basis of Promotions. The University and the Union agree that promotional opportunities for current employees should be encouraged throughout the University. Promotions and transfers shall be made on the basis of requisite qualifications and seniority. If two (2) or more bargaining unit employees who possess the requisite qualifications bid for a position, the employee with the most bargaining unit seniority will be offered the position. The Employer shall have the right to hire qualified new employees from outside the bargaining unit in the event there is an exceptional difference in the qualifications of the applicants.

12.2.1 If two (2) or more people apply for a position, the employee(s) not selected shall be sent written notification from the hiring department of rejection within three (3) working days after the successful applicant has accepted the position. This notification will state the reason why the employee was not chosen. The notification should also identify the successful applicant.

12.3 Posting and Bidding Procedure

12.3.1 If a regular job opening is not filled in another manner consistent with the terms of the Agreement, the regular job opening will be posted for five (5) working days and a copy shall be sent to the Union President and to each bargaining unit member. 

12.3.2 When the regular job opening is posted, the posting will note the classification, the pay grade, the minimum qualifications, the department, the position attributes (e.g., full-time, 11 months), and the closing date for receipt of applications.

12.3.3 A promotion or transfer under this Section will be made as soon as reasonably practicable after the successful applicant has been selected.

12.4 General Provisions

12.4.1 During any period in which employees are being considered for promotion or transfer and during any posting period, the regular job opening may be filled by anyone on a temporary basis.

12.4.2 An employee who is promoted or transferred will be given a reasonable period of time not to exceed fifty (50) actual days worked in the new position to demonstrate competent performance. During this period of time, the employee will receive a normal orientation as defined in Section 8.6. If competent performance is not demonstrated, the employee will be returned to a vacancy, if any, or displace the least senior employee in the classification from which the employee was promoted or transferred at the same rate of pay (plus any scheduled increases) as before the promotion or transfer.

12.4.3 An employee who has been promoted or transferred and not returned to the employee's former classification, need not be considered by the University for a subsequent promotion or transfer during the six (6)-month period following the employee's promotion or transfer.

12.4.4 An employee who is returned to the classification from which the employee was promoted will be paid at the same pay rate the employee received prior to the promotion or at a higher pay rate if the employee would have received an increase in pay pursuant to the terms of this Agreement if the employee had not been promoted.

12.4.5 As determined by the Human Resources Department, new employees are required to take examinations and present employees may be required to take examinations if they apply for or are promoted to a higher position within the University, except when sufficient evidence of requisite qualifications is already on file with the University. Only those employees and candidates who meet the requisite skill level will be considered for employment or promotion.

12.4.6 It is not the intent of the Employer to subcontract work (whether on or off University premises) which is regularly and customarily performed by employees of the bargaining unit to sources outside the University when qualified employees in the bargaining unit, and necessary equipment, are available to do the work.

12.5 Transfers Due to Illness, Injury, or Disability

12.5.1 The University will make a reasonable effort to reassign employees partially incapacitated as a result of an accident or disease or employees who, because of health or other disability, are not able to continue in their present position. Such reassignment may be made only to an open position which the employee is capable of performing.

12.5.2 The regular posting procedure shall not apply to such reassignment.

12.5.3 An employee who is so reassigned will be paid at the rate established for the position to which they are reassigned but in no event less than their current rate or the maximum rate of the pay grade, whichever is lower.

12.6 Salary Rates for Transfers

12.6.1 When an employee is transferred, the following rules shall apply to establishing the salary of the employee:

12.7 Job Classifications

12.7.1 General Provisions. The classification of positions and salary grades as enclosed in Appendix A of this Agreement is designed to identify and categorize positions according to the qualifications required, the degree of responsibility, complexity, effort, and skill of the duties associated with the positions. The Employer and the Union agree upon and accept the position classifications, descriptions, and respective salary grades in effect at the time of ratification of this Agreement as the basis for payment of wages as provided herein.

12.7.2 Revised Positions. In the event of the addition of new job duties not inherent or otherwise a part of an employee's current realm of responsibility, the employee or the employee's Union representative may submit a reclassification request to the Employer which will be forwarded through proper channels in accordance with the following administrative procedure agreed upon by the Union and the Employer:

12.7.3 Six (6) months must elapse before a position can be submitted for reevaluation unless Management and the Union agree to waive the time limitation.

12.7.4 The Employer may initiate a reclassification request at the first step (University vice president or President) described above in the event of the addition of new job duties not inherent or otherwise a part of an employee's current realm of responsibility.

12.7.5 The Job Evaluation Committee shall be comprised of three (3) representatives from the Union, appointed by the Union, and three (3) representatives of the Employer. The information required for the job evaluation will be secured by the Job Evaluation Committee and distributed to all Committee members prior to the scheduled meeting. All jobs will be evaluated according to the system as set up by the Joint Management and Union Study Committee dated April, 1978 as amended.

12.7.6 Any employee who believes that the proper method and procedure was not followed by the Job Evaluation Committee in application of the system may submit a grievance through the Union, at which time it becomes a Union grievance, at the third step of the grievance procedure, Article 3.

12.7.7 Newly Created Positions. In the event a new position is established, the University will determine which employee group it will be assigned to.

12.7.7.1 The University will provide the Union with a written description of the new position, along with the employee group determination. Upon receipt of the University's description and employee group determination, the Union may within ten (10) working days, request a Special Conference to discuss the placement of the new position.

12.7.8 All new bargaining unit positions will be reviewed by the Job Evaluation Committee who will determine the appropriate pay grade assignment and title.

12.7.9 Any grievance filed for an alleged violation to established time limits shall be filed at Step Three of the Grievance Procedure.

13.1 If a position is funded by state, federal, or private grant, the wages and other terms and conditions of employment are necessarily affected by the terms of the grant. A grant employee becomes a regular employee after the expiration of the grant employee's probationary period except as specified below. The position, when grant-funded, shall be noted on the job posting. Grant employees will acquire seniority for the purpose of promotions/transfers as described under Section 12.2, Basis for Promotions, and layoff and recall as described under Article 8.

13.2 Grant employees are entitled to fringe benefits as provided in Article 11 while employed at the University.

13.3 Termination of any grant position due to the expiration or reduction of the grant funding shall not be grievable.

14.1 Union Security. 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:

14.1.2 The amounts described in Section 14.1 shall be automatically deducted from the employee's pay beginning with the month following:

14.1.3 No employee shall be terminated under Section 14.1 of this Article unless:

14.1.4 The Union shall indemnify and save the University harmless from any and all claims, demands, suits, or any other action arising from this Article or from complying with any request for termination under this Article.

14.1.5 The University will advise new employees of their obligations under this Article, in writing, and will provide them with an authorization for deduction of initiation fee or processing fee and union dues or service charges form and the address of the local Union's headquarters.

14.2 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 initiation or processing fees and periodic Union membership dues or service fees levied in accordance with the Constitution of the International Union, from each pay period 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.

14.2.1 The initial deduction for any employee shall not begin unless both:

14.2.2 An employee may revoke the employee's "Voluntary Authorization for Deduction of Union Dues or Service Fees" only as provided by the terms of the employee's voluntary authorization.

14.2.3 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 each biweekly pay period 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.

14.2.4 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 fees.

14.2.5 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, suits, or any other action arising from compliance with this Article, or in reliance on any list, notice, certification, or authorization furnished under this Article.

15.0 Wages

15.1 First year – 2005-2006.  Effective July 1, 2005, all employees on roll and working at the time of ratification will receive a twenty ($.20) cent per hour salary increase over the 2004-2005 salary base if the increase will not place them above the maximum of the 2005-2006 salary schedule which has been raised one percent (1%) above the 2004-2005 salary schedule.  If the increase places an employee above the maximum, then the employee shall receive the portion of the increase which will bring the employee to the maximum and the remainder of the increase as a bonus payable on a biweekly basis over the course of the fiscal year. Employees at the maximum before any increase will receive the entire salary increase as a bonus payable on a biweekly basis over the course of the fiscal year.

15.2 Second year – 2006-2007.  Effective July 1, 2006, all employees on roll and working will receive a two and twenty-five hundredths percent (2.25%)  salary increase over the 2005-2006 salary base if the increase will not place them above the maximum of the salary schedule which has been raised one percent (1%) above the 2005-2006 salary schedule.  If the two and twenty-five hundredths percent (2.25%) increase places an employee above the maximum, then the employee shall receive the portion of the two and twenty-five hundredths percent (2.25%) which will bring the employee to the maximum and the remainder of the two and twenty-five hundredths percent (2.25%) as a bonus payable on a biweekly basis over the course of the fiscal year.  Employees at the maximum before any increase will receive the entire two and twenty-five hundredths percent (2.25%) as a bonus payable on a biweekly basis over the course of the fiscal year.

15.3 Third year – 2007-2008.  Effective July 1, 2007, all employees on roll and working will receive a two and twenty-five hundredths percent  (2.25%) salary increase over the 2006-2007 salary base if the increase will not place them above the maximum of the salary schedule which has been raised one percent (1%) above the 2006-2007 salary schedule.  If the two and twenty-five hundredths percent (2.25%) increase places an employee above the maximum, then the employee shall receive the portion of the two and twenty-five hundredths percent (2.25%) which will bring the employee to the maximum and the remainder of the two and twenty-five hundredths percent (2.25%) as a bonus payable on a biweekly basis over the course of the fiscal year.  Employees at the maximum before any increase will receive the entire two and twenty-five hundredths percent (2.25%) as a bonus payable on a biweekly basis over the course of the fiscal year.

15.4 Salaries of grant employees will be governed by the terms of the grant. Grant employees will be treated in the same manner as regular employees if their grant funding permits. However, in no case, will a grant employee receive a higher increase than a regular bargaining unit member received.

15.5 "On roll" is defined as working, on paid sick leave, family care leave, annual leave, or personal leave hours but does not include being paid annual leave after resignation.

16.0 Termination or Modification

16.1 This agreement shall continue in full force and effect until 11:59 p.m., June 30, 2008.

16.1.1 If either party desires to terminate this Agreement, it shall sixty (60) days prior to the termination date, give written notice of termination. If neither party shall give notice of termination of this Agreement as provided in this paragraph or notice of amendment, as hereinafter provided, or if each party giving a notice of termination withdraws the same prior to termination date, this Agreement shall continue in effect from year to year thereafter subject to notice of termination by either party on sixty (60) days' written notice prior to the contract anniversary date.

16.1.2 If either party desires to negotiate modifications of this Agreement, it shall sixty (60) days prior to the termination date or any subsequent termination date, give written notice of such intent, in which event the notice shall set forth the nature of the modification or modifications desired. In the event that the Employer and the Union undertake such negotiations to modify this Agreement, it shall expire on June 30, 2008, unless it is extended for a specified period by mutual written agreement of the Employer and the Union.

16.1.3 Notice of Termination or Modification. Notice shall be in writing and shall be sufficient if sent by certified mail addressed, if to the Union, to Secretary, Local 1950, UAW, and if the Employer, addressed to Human Resources Director, Northern Michigan University, or to any such address as the Union or the Employer may make available to each other.

16.2 Effective Date. This Agreement shall be in effect upon ratification by the Union and approval by the Board, and shall continue in effect until 11:59 pm, June 30, 2008.

IN WITNESS WHEREOF THE PARTIES HAVE SET THEIR HANDS:

Date Signed: 12/2/05

APPENDIX A
CLERICAL/TECHNICALCLASSIFICATIONS BY PAY GRADE

Pay Grade 4E
Office Assistant II
Office Assistant II - Accounting

Pay Grade 4D
Office Assistant III
Office Assistant III - Accounting
Equipment Supervisor

Pay Grade 4C
Office Assistant IV
Office Assistant IV - Accounting

Pay Grade 4B
Accounting/Transportation Coordinator
Office Assistant V
Office Assistant V - Accounting
Mail Processing Clerk
Studio Technician

Pay Grade 4A
Office Assistant VI
AIS Support Coordinator
AdIT Support Representative
Control Coordinator II
Customer Service-Type/Prepress Technician
Energy Management Systems Operator/Technician
Help Desk Consultant
High Volume Mail Technician
Parking Services Coordinator
Press Operator II
Senior Computer Operator
Technical Coordinator

2005-2006 SALARY SCHEDULE

2006-2007 SALARY SCHEDULE

2007-2008 SALARY SCHEDULE

This Memorandum of Understanding executed between Northern Michigan University, a Michigan constitutional body corporate (hereinafter referred to as the University), and the International Union, Automobile, Aerospace and Agricultural Implement Workers of America (Technical, Office, and Professional) Local 1950 (hereinafter referred to as the Union), the recognized bargaining agent for Clerical/Technical employees of the University, whereas the parties agree as follows:

1. There have been concerns that the University's current methodology for setting and assessing skills is flawed because it is too secretive and fails to adequately apprize employees of those skills they must possess in order to qualify for promotion, transfer, etc.

2. To address the above concerns, the University and the Union will work together to develop and implement a more open and interactive process by adopting the following principles as a guideline:

a. The University will identify the skills (qualifications, experience, interpersonal, etc.) required for each classification recognizing the unique requirements of some positions within the classification.
b. Directors/department heads will determine which skills and level of skills are needed for a position.
c. Training will be provided in areas where an incumbent's skills do not meet the University's needs.
d. Values will be assessed to each identified skill (percentage of time, proven ability, years of experience, etc.)
e. Each skill will be assigned a value, possibly similar to the existing system. There may be need for a multiplier.
f. Values will be determined based upon the University's needs.
g. Human Resources will audit skills and values as determined by managers/directors.
h. The point total will determine pay grade level.

3. The University will develop updated job descriptions for all clerical/technical positions. The Union will be kept apprized of the University's progress in the development of required skills and the University will periodically seek the Union's input and ideas.

4. The University and the Union will continue to work together in the implementation and maintenance of the newly developed classification system.

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (TECHNICAL, OFFICE AND PROFESSIONAL AND ITS LOCAL 1950)

Susan Tollefson
President

Dated:

James Tharp
UAW International Representative

Dated: 

ON BEHALF OF THE NORTHERN MICHIGAN UNIVERSITY BOARD OF TRUSTEES

Arthur D. Pickering, Jr.
Director of Human Resources

Dated: 

Michael J. Roy
Vice President for Finance and Administration

Dated: