AGREEMENT
This is an Agreement by and between the Northern Michigan University Board of Trustees, the Employer, hereinafter referred to as the "Board" or the "Employer", and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Technical, Office and Professional and its Local 1950), hereinafter referred to as the "Union."
ARTICLE 1
GENERAL PROVISIONS
1.1 Complete Agreement. This contract represents the complete agreement between the parties and supersedes any and all prior agreements, understandings, customs, and practices. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. 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 collective bargaining; and to promote orderly and peaceful labor relations between the Employer and the employees. To the above end, it is the intent of the parties to abide by the terms of this Agreement at all times.
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, 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.
1.3.1 Minimum Requirements. This Agreement states minimum terms and conditions for employment or continued employment of a member of the bargaining unit, and the Board shall not employ a member on terms less favorable to the employee than those stated herein without the consent of the affected individual and the Union.
1.3.2 Special Conferences. Special Conferences for important matters will be arranged between the Local President and the Director of Human Resources or their designated representatives upon request of either party. Such meetings shall be between at least two (2) representatives of the Employer and at least two (2) representatives of the Union. Requests for such Special Conferences shall be made in writing and an agenda of the matter to be taken up at the meeting shall be presented at the time the Conference is requested. Matters taken up in Special Conferences shall be confined to those included in the agenda. The members of the Union shall not lose time or pay for time spent in such Special Conferences. This Conference will be scheduled at a mutually convenient time. However, such a Conference will be scheduled within ten (10) working days from the date of receipt of the written request for such Conference.
1.4.1 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 is assigned to work twenty (20) hours per week or more but less than thirty (30) hours per week, excluding overtime.
1.4.2 "Board" means the Board of Trustees of Northern Michigan University, Marquette, Michigan, a state institution of higher education, and its administrative agents.
1.4.3 "Union" means the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Technical, Office and Professional and its Local 1950).
1.4.4 "Unit" or "bargaining unit" means the bargaining unit defined in Section 1.5.
1.4.5 "Employee" or "bargaining unit member" or "unit member" means a person employed in the bargaining unit defined in Section 1.5.
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 R75G 298 of the State of Michigan, Department of Labor, Employment Relations Commission, includes:
All regular full-time and regular part time employees classified as 4G through 4A employed by Northern Michigan University at all its installations, but excluding: Faculty, Post Doctoral Fellows, Research Assistants, Graduate Assistants, Tutorial Assistants, Professional Employees, Administrative Employees, Student Employees including Work Study Employees, Confidential Employees, Supervisors, and all Employees presently represented as part of a certified bargaining unit.
No provisions of the Local 1950 contract shall be interpreted so as to prevent members of the bargaining unit to serve as contingent faculty and thereby establish eligibility to join the AAUP bargaining unit.
This contract has changed to reflect the original certification. The original classifications have been, and will be, modified as needed to reflect current practice.
1.5.1 The Union has sole collective bargaining jurisdiction over all of the positions covered by this Agreement.
1.5.1.1 Members of the bargaining unit shall have the right to perform the duties, and shall have the responsibilities of each position as described in the job descriptions as set forth in Appendix A and as outlined in the job description, except as limited by paragraphs 1.5.2. Administrative employees, supervisory employees, faculty members and student employees may occasionally, on a limited basis, perform the work of these positions in the following situations:
a. In emergencies
b. For the purpose of training employees and students
c. When it is traditionally closely related to the work performed by that employee
It is understood that supervisory, administrative employees, and student employees will not be used to replace a bargaining unit employee on a permanent basis. It is recognized that certain clerical work which is the same or similar to that which is performed by employees in the bargaining unit has and may continue to be performed by employees who are excluded from the bargaining unit.
In the event the Employer makes changes in its organizational structure which transfers work currently being performed by bargaining unit members outside of the unit or makes major changes within the bargaining unit, the Director of Human Resources or the Director's designee shall notify the Union President of such changes at least five (5) working days prior to the implementation of the proposed changes. The Union President may request a Special Conference with the Employer to discuss concerns the Union has prior to implementation of any proposed changes.
1.5.1.2 Grant Employees. 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 11.2, and layoff and recall as described under Article 7.
1.5.1.3 Grant employees are entitled to fringe benefits as provided in Article 10 while employed at the University.
1.5.1.4 Termination of any grant position due to the expiration or reduction of the grant funding shall not be grievable.
1.5.2 Student Employment. Northern Michigan University and Local 1950 of the UAW recognize and agree that the employment of students is a part of the total financial aid program at the University.
Any person enrolled for at least six (6) credit hours in a degree granting program and employed under the work-study program or any other student employment program monitored by the Financial Aid Office, or performing services for compensation in order to fulfill an academic requirement, student internship, or graduate assistantship shall be considered a student employee. A graduate student is required to be enrolled for a minimum of four (4) credit hours in a degree granting program to qualify as a student employee.
It is understood that student employees will not be hired to replace or displace a bargaining unit employee, nor to reduce the number of positions in the bargaining unit, nor prevent new bargaining unit positions from being created.
This provision will not require the University to lay off any student employee nor will it prevent the University from replacing student employees who leave with a like number of additional hours.
1.6 Temporary Employees. The Employer and the Union agree that it may become necessary to hire temporary employees on a full or part time basis. The determination that such action is necessary shall rest in the independent judgment and complete discretion of the Employer. However, it is recognized that it is not the intent of the Employer to use temporary employees for the purpose of eroding the bargaining unit.
1.6.1 Definition. The term "temporary employee" shall mean any individual or individuals whose employment is limited in duration to not more than four (4) consecutive full time months and is established for:
a. a specific project,
b. the purpose of relieving employees who are absent due to sickness or injury, leave of absence, or vacation, or,
c. augmenting the regular work force of employees to meet the requirements of the Employer that may be occasioned by increased workloads or other conditions that may create short term staffing shortages.
1.6.2 In the event that a vacated position is filled by a temporary employee, the Employer will make a concerted effort to provide the chief steward with the name of the person assigned, starting date, department, previous incumbent, job assignment, and which subsection of 1.6.1 ((a)- (c)) applies. If conditions warrant continued employment in a bargaining unit position beyond four (4) months, the position will be posted in accordance with Section 11.3. The four (4) month period may be extended by mutual agreement between the Union and the Employer.
1.7 Nondiscrimination, Harassment, Hostile Work Environment.
1.7.1 Non-Discrimination. 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.
No individual will knowingly discriminate against any member of the bargaining unit because of the member's membership or non-membership 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.
1.7.2 Harassment. 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.
1.7.3 Hostile Work Environment. Employees who believe they are being subjected to abusive behavior by their supervisor or a hostile work environment may schedule a meeting with the director of human resources, or director’s designee, for discussion of the perceived abuse. A union representative may accompany the employee to this meeting.
1.8 No Strike or Lockout. The Union agrees that it will not 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 or from any threat thereof.
1.9 Information. Within a reasonable period of time, the Employer will provide the Union with such additional information from its records as is necessary to enable the Union to carry out its function of bargaining with respect to the wages, hours, and conditions of employment of bargaining unit members.
However, this provision shall not be construed to require the Employer to develop information for the Union or to provide requested information in any specific form or format.
1.9.1 The Employer shall be provided with a list of local Union officers, committee members, and stewards and the jurisdictional districts to which they are assigned. The Employer shall be notified of any subsequent changes.
1.9.2 Employees shall be responsible for providing the Employer and the Union with changes in their names, addresses, or telephone numbers within ten (10) working days or as soon as possible of such change.
1.9.3 The Employer shall post an electronic searchable copy of this Agreement on the Human Resources web site within sixty (60) calendar days after its ratification by both parties.
1.10 Personnel Files. The official personnel file is an electronic file that is maintained in the Human Resources Department. If the Employer designates a new department to assume the responsibilities of the official personnel file, the Union will be notified in writing of such change.
Employees shall have the right to inspect the contents of their official personnel file electronically vis MyNMU.
Any written documentation regarding an employee, generated outside the university’s employment system, will result in a dated copy being sent to the employee and notification that a copy will be placed in their personnel file. The employee has a right to submit a response to the report or statement and such response shall be attached to and filed with the report or statement in the employee's personnel file. The employee has the right to request that letters of commendation be placed in their official personnel file.
1.11 Safety and Wellness. The Employer shall continue to make provisions for the safety and wellness of its employees during hours of employment and affirms its obligation under Federal and State Worker Right-To-Know Laws.
1.11.1 The existing University wide 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 1950 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 first notify their supervisor or the appropriate department.
If a safety or wellness concern is raised at a committee meeting, and the Union wishes to file a grievance regarding an alleged violation of Section 1.11, then the Union may file its grievance at the third step of the grievance procedure.
1.11.2 Employees who have concerns regarding their office environment should reference the university office environment policy under Human Resources policies and procedures. (http://webb.nmu.edu/hr/sitesections/resources/ adminproceduremanual/officeenvironmentprocedure.html)
1.11.3 An employee injured on the job during working hours and requiring medical attention shall be paid for the remainder of the day on which they were injured if the attending physician determines that the injury is serious and the employee must remain off the job for the day. Thereafter, Section 10.8 will apply.
1.11.4 Personal Protective Equipment. The Employer agrees to continue to provide personal protective equipment, devices, and clothing at locations where they are currently provided. In the event that there is mutual agreement between the Employer and the Union that other personal protective equipment, devices, and clothing is required or in the event the Employer requires other personal protective equipment, devices, or clothing, it will be provided without cost to employees.
1.12 Use of Facilities and Services. The Union shall be afforded:
a. The right to send through the regular University campus mail service and/or electronic mail services (per the university’s computer network acceptable use policy (http://webb.nmu.edu/hr/SiteSections/Resources/AdminPolicyManual/AcceptableUse.html), 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 written requests for such space are made in a reasonable time in advance and suitable facilities are available at the time requested, and the Union conforms to all regulations established by the Employer.
c. The privilege of contracting, at the same rate charged to registered campus organizations, for the following services as are needed for the Union’s conduct of its business as a collective bargaining agent: printing and mail services, audio-visual, computer, and food.
d. Union office space: the university has identified a location, located near the human resources offices, which is intended to be jointly shared among UAW and AFSCME locals.
1.13 Temporary Closures. When the University determines that, due to inclement weather or other reasons, the University offices will be temporarily closed, the employees will suffer no loss of pay for the hours the offices are 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.
The official sources for authorized announcements are Public Safety and Police Services (227- 2777) and the NMU website. Determination of temporary closure will be made at the earliest practical time. For additional details, the inclement weather procedures can be accessed at the following weblink: https://nmu.edu/policies/694#procedure_anchor
As stated in the procedure referenced above, if the University offices are open and the employee is unable to report, the employee shall use annual leave, personal leave, or lost time.
1.14 Continuation of Practices.
1.14.1 The University will continue to provide all currently available payroll deductions and direct deposits.
1.14.2 The University will continue to allow employees to utilize the Library in accordance with such regulations as the University may establish.
1.14.3 The University will continue to pay employees on a biweekly schedule for the duration of this Agreement.
1.15 Parking Facilities. The Employer shall provide parking facilities to members of the bargaining unit in accordance with the uniform regulations established by the Employer.
1.16 University Wide Affairs. Study groups or programs which potentially affect the members of this bargaining unit will seek active and equal involvement from bargaining unit representatives during development of any program prior to implementation.
1.17 Rest/Wellness Breaks. The purposes of wellness breaks are for relief from performing work duties and to refresh both physically and mentally. They shall be taken at a time and a place where employees can enjoy healthy avenues to rejuvenate. Stretching, walking or other wellness initiatives are encouraged. Sufficient rest areas will be provided for all bargaining unit employees.
1.18 Subcontracting. 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.
ARTICLE 2
REPRESENTATION
2.1 Grievance Procedure. The Union will be represented in the grievance procedure as follows:
There may be one (1) steward and one (1) alternate steward for each Steward District set forth in Section 2.5.3. Each steward and alternate steward shall be a non-probationary employee working in the Steward District. The alternate steward shall only function as a steward when the steward is unavailable.
The stewards, during their working hours, without loss of time or pay, may in their own district, in accordance with the terms of this Section and the terms of the grievance procedure, investigate and present employee concerns to the Employer, upon having received permission from their supervisor to do so. The supervisor will grant permission and provide sufficient time to the stewards to leave their work for these purposes subject to necessary emergency exceptions. The privilege of stewards leaving their work during working hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of member concerns and union issues, that the release is not detrimental to the department and will not be abused; and stewards will perform their regularly assigned work at all times, except when necessary to leave their work to handle concerns and/or grievances as provided herein. Any alleged abuse by either party will be a subject for a Special Conference. The President of the Union shall be given released time with pay for participation in the meetings between the Employer and the Union as specified in the grievance procedure.
2.2 Bargaining Committee. There will be a bargaining committee of five (5) members who shall be non-probationary employees. The committee shall be elected in a manner determined by the Union. The Employer shall also recognize alternate members of the committee as fully participating members.
Members of the bargaining committee shall be given released time with pay for attendance at regularly scheduled negotiation sessions once negotiations to modify this Agreement as specified in Section 14.1.2 have begun. However, no overtime will be paid for attendance at negotiations unless otherwise agreed to by the Employer.
2.3 List of Representatives. The Union shall furnish the Employer with a list by Steward District of the stewards and alternate stewards and members and alternate members of the bargaining committee. Any change in the list shall be reported promptly in writing by the Union to the Employer. The Employer shall not recognize any employee as a steward or alternate steward or member or alternate member of the bargaining committee without such notice.
2.4 Union Affairs. Members designated by the Union shall be allowed released time with pay for official business of the International Union, provided that the employee has given the employee's supervisor and the Director of Human Resources or the Director’s representative written notice of not less than five (5) working days, and further provided that the employee's absence from the job will cause no undue hardship on the operation of the employee's department. Such released time shall not exceed a combined total of twenty (20) days per fiscal year (July 1 through June 30) for all union members. In the event of a request exceeding the combined total of twenty (20) days or more than four (4) employees at any one time, the HR office will make efforts to accommodate the exception. Additional unpaid released time may be granted for official union business provided that written notice of not less than five (5) working days is given to the supervisor and the Director of Human Resources or the Director’s representative and further provided that such absence will cause no undue hardship on the operation of the department or the University.
2.5.1 The number of representation districts in the unit shall be agreed upon by the Employer and the Union. The Employer and the Union may redistrict the unit from time to time by agreement. Districts, as used in this Agreement, shall mean an agreed upon area of the Employer for the purposes of establishing steward representation districts. There may be one (1) steward and one (1) alternate steward for each steward district set forth in section 2.5.3.
2.5.2 It is mutually recognized that the principle of proportional representation which reflects the increase and decrease in the work force is a sound and sensible basis for implementing this section of the Agreement.
2.5.3 Current representation districts are:
|
District No. |
Location |
|
1 |
Cohodas Hall |
|
2 |
Services Building |
|
3 |
Jamrich Hall West Science |
|
4 |
McClintock Building Thomas Fine Arts |
2.6 International Representation. The Employer shall recognize authorized representatives of the International Union for the purpose of participating in negotiations and representing the Local in connection with other matters under this Agreement.
ARTICLE 3
MANAGEMENT RIGHTS
The Board hereby retains and reserves unto itself all powers, rights, and authority to manage, direct, and control the University and its programs, properties, facilities, and employees, including, but not limited to, and without limiting the generality of the foregoing, the rights: (1) to hire all employees, to determine their qualifications and compensation and the conditions for their continued employment, and to dismiss, demote, discipline, promote, transfer, assign, lay off, and recall all such employees; (2) to determine work schedules, the hours of employment and the duties, responsibilities, and assignments of employees with respect thereto.
The exercise of the foregoing powers, rights, and authority by the Board and/or its designated administrators, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.