Wildcat Statue

Police Officer Association of Michigan (POAM) Union Contract 2024-2027


Police Officer Association of Michigan (POAM) Union Contract 2024-2027

Index

ARTICLE 1 RECOGNITION AND DEFINITIONS.............................................................. 2

ARTICLE 2 MANAGEMENT RIGHTS............................................................................... 3

ARTICLE 3 NON-DISCRIMINATION................................................................................. 4

ARTICLE 4 NO STRIKE OR LOCKOUT............................................................................ 5

ARTICLE 5 UNION MEMBERSHIP, FEES, AND PAYROLL DEDUCTION....................... 6

POAM UNION DUES DECISION FORM.......................................................................... 9

ARTICLE 6 BULLETIN BOARDS.................................................................................... 10

ARTICLE 7 WORK SCHEDULES.................................................................................... 11

ARTICLE 8 EMPLOYEE COMPENSATION.................................................................... 12

ARTICLE 9 SENIORITY AND LOSS OF SENIORITY...................................................... 15

ARTICLE 10 PROBATIONARY EMPLOYEES................................................................. 17

ARTICLE 11 REDUCTION OF THE WORK FORCE AND RECALL PROCEDURES...... 18

ARTICLE 12 JOB POSTINGS.......................................................................................... 20

ARTICLE 13 RETURN TO UNIT....................................................................................... 21

ARTICLE 14 SICKNESS, FAMILY CARE AND INJURY PAY............................................ 22

ARTICLE 15 HOLIDAYS................................................................................................... 26

ARTICLE 16 LEAVES....................................................................................................... 28

ARTICLE 17 FRINGE BENEFITS.................................................................................... 37

ARTICLE 18 DISABILITY PROGRAMS........................................................................... 40

ARTICLE 19 RETIREMENT............................................................................................. 42

ARTICLE 20 ADDITIONAL BENEFITS............................................................................ 44

ARTICLE 21 SAFETY...................................................................................................... 46

ARTICLE 22 DISCIPLINE............................................................................................... 47

ARTICLE 23 GRIEVANCE PROCEDURE...................................................................... 48

ARTICLE 24 SPECIAL CONFERENCES....................................................................... 53

ARTICLE 25 MISCELLANEOUS.................................................................................... 54

ARTICLE 26 SUPPLEMENTAL AGREEMENTS............................................................ 56

ARTICLE 27 BARGAINING COMMITTEE..................................................................... 57

ARTICLE 28 TERM OF AGREEMENT........................................................................... 58

APPENDIX A WAGES ....................................................................................................60

 

ARTICLE 1
RECOGNITION AND DEFINITIONS

Section A Description of the Unit

Pursuant to and in accordance with all applicable provisions of Act 379 of the Public Acts of 1965, as amended, the Employer does hereby recognize the Union as the sole and exclusive representative for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment for the term of this Agreement of all regular employees; excluding (1) Employees regularly scheduled to work less than twenty (20) hours per week, (2) Food Services/Maintenance Services, (3) Clerical/Technical personnel, (4) Supervisory personnel, (5) Management personnel, (6) Administrative personnel, (7) Professional personnel, (8) Academic personnel, and (9) Student personnel.

Section B Definitions

1. The terms "employee" and "employees" as used in this Agreement shall mean only an employee or employees within the bargaining unit described in Section A.

2. 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 a 0.5 FTE] or more but less than thirty (30) hours a week [or a 0.75 FTE], excluding overtime.

ARTICLE 2
MANAGEMENT RIGHTS

All management rights and functions, except those which are clearly and expressly abridged by this Agreement, shall remain vested exclusively in the University. It is expressly recognized, merely by way of illustration and not by way of limitation, that such 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, the 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, establish and change work schedules, set hours of work, establish, eliminate, or change classifications, assign, transfer, promote, demote, release and lay off employees;

(5) the right to determine the qualifications of employees and to suspend, discipline, and discharge employees for just cause; and

(6) to maintain an orderly, effective, and efficient operation of the University.

ARTICLE 3
NON-DISCRIMINATION

Section A

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 or creed, race, color, age, sex or gender, sexual orientation, gender identity, gender expression, genetic information, national origin, immigration status (unless restricted by state or federal laws and regulations), ancestry, ethnicity, marital status, familial status, pregnancy, military or veteran status, disability or any other characteristic protected by federal or state law. 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.

Section B

The Employer will not aid, promote, or finance any labor group or organization which purports to engage in collective bargaining or make any agreement with any such group or organization for the purpose of undermining the Union.

Section C

No individual will knowingly discriminate against, intimidate, restrain, or coerce any employee because of or with respect to the employee's lawful union activity or the employee's membership or non-membership in the Union.

ARTICLE 4
NO STRIKE OR LOCKOUT

During the term of this Agreement, the Union agrees that it will not engage in or sanction or physically 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.

ARTICLE 5
UNION MEMBERSHIP, FEES, AND PAYROLL DEDUCTION

Section A

This Article applies to all employees in the bargaining unit. The bargaining unit is described in Article 1. All employees are in the bargaining unit. Only those who join the Union and pay Union dues are Union members.

Section B

The Union represents all employees in the bargaining unit. Each bargaining unit employee can freely choose to become a member of the Union, or to not become a member of the Union. Being a bargaining unit employee is not the same as being a Union member.

Section C
An employee is always a bargaining unit employee; an employee becomes a Union member only through choice. If an employee chooses not to become a Union member they will remain a bargaining unit employee, remain entitled to representation by the Union, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement.

Section D
The Employer agrees to notify the Union of all new employees and provide information regarding position, department, and building assignment within the first week of employment.

Section E
An employee who becomes a Union member will be required to pay Union dues (the amounts and regularity of those dues payments to be decided by the Union). An employee choosing to become a Union member will be required by the Union to sign a payroll deduction authorization form (acceptable to the University) authorizing the University’s Payroll Office to deduct Union dues from the employee’s paychecks.

Section F

The Union or employee will present the signed dues deduction authorization forms directly to the University’s Payroll Office. Any such authorization form shall remain in effect until revoked in writing (signed) by the employee and provided to the Employer and Union. A revocation shall become effective at the beginning of the first regular payroll period subsequent to the date on which it is received in the Payroll Office.

Section G

Each employee may submit a signed payroll deduction authorization form to the Payroll Office up to twice per year.

Section H

The Union shall annually certify in writing to the University’s Payroll Office the authorized amount to be deducted from each Union member who submits a signed payroll deduction authorization form. The University’s Payroll Office shall deduct the authorized amount from each of the employee’s regular paychecks and shall within fifteen (15) days after deduction transmit the amounts to the Union, together with a list setting forth the name of each employee for whom deductions were made.

Section I

The University’s Payroll Office shall use its best efforts to make the aforesaid deductions in the manner set forth but assumes no responsibility for any errors in making such deductions other than to correct such errors. In the event of overpayment, the Union agrees to refund such monies.

Section J

Neither the University nor the Union will discriminate against any employee because the employee chooses to become a Union member or chooses not to become a Union member. Joining the Union is not a condition of employment; an employee cannot and will not be terminated because the employee chooses to not join the Union. Paying Union dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses to not pay Union dues. The University will not tolerate harassment or discrimination against any employee who chooses to become a Union member or chooses not to become a Union member (see Article 3).

Section K

The Union agrees to indemnify and hold the University harmless against any and all claims, suits and/or other forms of liability that may arise out of or by reason of deductions made by the University pursuant to this Article, or by reason of the University complying with the provisions of this Article.

Section L

All sums deducted by the University shall be remitted to the Union President 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 the names and the amount deducted for each Union member for whom a deduction was made. The list shall also identify new bargaining unit employees and Union members deleted since the last listing with an explanation of the changes.
Such communication shall be made electronically, in a format agreeable to the parties.

Section M

The Union agrees to make whatever adjustments are necessary directly with a Union member who may, as a result of this deduction procedure, pay more or less than the Union’s dues.
 
Section N
The University shall not be liable to the Union by reason of the requirements of this Article for the remittance of payment or any sum other than that constituting actual deductions made from the pay earned by the Union member. 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.

 

POAM UNION DUES DECISION FORM

Employee Name (type or print):________________________________________________

NMU IN:___________________________________________

Each employee may submit a signed Union Dues Decision Form (via the Union) to the NMU Payroll Office up to twice per calendar year.

____________ I authorize the collection of Union dues.

By making this selection and signing below, the University is authorized to deduct from wages earned or to be earned by me, Union dues as certified to the University by the Union; the university shall remit the same to the Union at such time and in such manner as may be agreed upon between the University and the Union.

Any such authorization shall remain in effect until revoked in writing (signed) by the employee.

____________ I do not authorize the collection of Union dues.

By making this selection and signing below, the University is either not authorized or is no longer authorized to deduct wages earned or to be earned by me for Union dues.

A revocation shall become effective at the beginning of the first regular payroll period subsequent to the date on which it is received in the NMU Payroll Office.

______________________________________________
Signature of Employee

______________________________________________
Date of Signing

______________________________________________
Date of Delivery to University

 

ARTICLE 6
BULLETIN BOARDS

The Employer will provide a minimum of one enclosed bulletin board that may be locked which may be used by the Union for posting notices of the following types:

1. Notices of Union recreational and social events.

2. Notices of Union elections.

3. Notices of results of Union elections.

4. Notices of Union meetings.

5. Notices of Union position advertisements.

6. Union seniority lists.

The Union shall have the exclusive right to the use of these bulletin boards. In the event a dispute arises concerning the appropriateness of material posted on the Union bulletin boards, the President of the Local Union will be advised by the Human Resources Department of the nature of the dispute and the notices or bulletins in question will be removed from the bulletin boards until the dispute is resolved.

ARTICLE 7
WORK SCHEDULES

Section A Work Schedule

An employee's workday normally shall consist of eight (8), ten (10), twelve (12) consecutive working hours including lunch periods, unless modified by mutual agreement.

The University will schedule all of the bargaining unit members eighty (80) hours in a two-week payroll period.

Training is scheduled in advance. If training is scheduled for hours less than an employee’s regularly scheduled shift, and the employee does not return to work, the difference between shift hours and the eight (8) hours of training will require employees to use annual or compensatory time.

In instances of “slack” or “down” periods the employer may require that compensatory time or annual leave be used during these periods. The minimum increment to be used is one (1) full shift.

Section B Meals and Breaks

Employees are permitted to take a paid meal break of thirty (30) minutes during their regular shift; however, Police Officers are subject to call while on meal break.

Employees may take a wellbeing break of not more than fifteen (15) minutes for each four (4) hours of work and are subject to call while taking a wellbeing break.

Employees will be given the necessary time prior to punching out, to wash and change from work uniforms.

Section C Work Shifts

Consideration will be given to seniority and employee preference when schedules are being established.

Normally, there shall be no change to an employee's shift and days off except with the consent of the affected employees or except because of matters beyond the control of the Employer. Matters beyond the control of the Employer shall be absences of employees because of sickness, vacation, or otherwise. Managers will communicate short notice schedule changes with impacted employee(s) as soon as possible.

ARTICLE 8
EMPLOYEE COMPENSATION

Section A Overtime Premium

Time and one-half the regular straight time rate will be paid for all time worked in excess of a regular scheduled shift or eighty (80) hours per pay period.

For the purpose of computing overtime pay, a holiday, seasonal bonus day, annual leave, personal leave, comp time, or sick leave, for which the employee receives pay, will be counted as hours worked.

Section B Pyramiding

In no case shall premium pay be paid twice for the same hours worked.

Section C Overtime

Overtime for Police Officers and Specialists shall be assigned at the discretion of the Employer. Where it is practicable to do so, the Employer agrees to give forty-eight (48) hours' advance notice of required and scheduled overtime or when circumstances do not permit advance notice, an employee will be expected to work unless sufficient other employees capable of doing the work are available.

All overtime 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 work not approved in advance by a supervisor. However, Police Officers or Police Specialists are authorized to work one

(1) hour of unscheduled overtime at the end of a shift for completion of a complaint investigation when circumstances require it.

Police Officers or Police Specialists are subject to several different types of overtime such as but not limited to:

1. Scheduled overtime for special events, athletic contests, or shift coverage,

2. Unscheduled overtime for emergencies, complaint investigation, or shift coverage,

3. Mandatory overtime for training,

4. Scheduled overtime for court appearances or disciplinary hearings, and

5. Voluntary overtime for contract services.

Section D Overtime Equalization

Scheduled overtime for special events, athletic events, scheduled shift coverage, or voluntary overtime for contract services will be divided as equally as possible. An equalization of overtime chart will be maintained as outlined:

1. All overtime shall be divided as equally as possible. The Employer agrees that an equalization of overtime chart will be maintained and posted in a prominent place in each department or recognized work area before the fifteenth (15th) of each month. This chart will indicate the overtime worked, refused, and unavailability of the employee.

2. Whenever overtime is required, the person with the least number of overtime hours who can adequately perform the required job within their department will be called first and so on down the list in an attempt to equalize the overtime hours.

3. For the purpose of this clause, an employee who was contacted and did not choose to work, will be charged the average number of overtime hours worked by other employees during the period said employee did not choose to work (two [2] hour minimum). Unavailable employees, those on annual leave or sick leave, will also be charged as described above.

4. Overtime hours will be reviewed quarterly in an attempt to identify any potential inequities in the equalization process. Any inequities will be corrected during the next quarterly review period dependent upon the availability of overtime hours.

5. It is understood that there will be no cash payment(s) in lieu of work during any review period and any settlement of any dispute arising out of this provision will be limited to the offer of future overtime opportunities in an attempt to equalize overtime hours.

6. Upon completion of the Field Training Officer program, officers will be charged with the average number of overtime hours that exist in the classification on the day they were hired.

Unscheduled overtime, scheduled overtime for court appearances or disciplinary hearings, and mandatory training, are beyond the control of the Employer and shall not be considered in the equalization of overtime.

Overtime for court appearances is paid when the court appearance is directed by an officer of the court. The minimum rate for overtime is two (2) hours, unless the Officer is working a scheduled shift during the court appearance. In those instances, overtime is only paid for the actual time spent outside the scheduled shift. (This also applies to disciplinary hearings.)

At an Officer's request and with the approval of the Employer, compensatory time off may be granted in lieu of overtime. Compensatory time off shall be at the rate of time and one half. Earned compensatory time off will be granted when it does not interfere with the department operation.

The Employer agrees to consider the desires of the employee when scheduling overtime. Compensatory time off will normally be used within ninety (90) days of accrual with the provision that an extension may be granted by the Chief of Police or designee. An employee may maintain no more than 240 hours of compensatory time accrual. The employer reserves the right to schedule officers off, using compensatory time, and agrees to consider the desires of the employee when doing so.

Section E Shift Premium

The first shift is any shift that regularly starts on or after 5:00 a.m. but before 1:00 p.m. The second shift is any shift that regularly starts on or after 1:00 p.m. but before 9:00 p.m. The third shift is any shift that regularly starts on or after 9:00 p.m. but before 5:00 a.m.

Employees who work on the second or third shift shall receive a shift premium as compensation in addition to their regular pay according to the following:

SECOND SHIFT                THIRD SHIFT
$.35/per hour                      $.40/per hour

Shift premium is to be added to the total wages and does not increase the hourly rate. Shift premium will be paid for all hours worked on a shift.

Section F Call-in Pay

An employee reporting for duty at the Employer's request for work which the employee had not been notified in advance and which is outside of and not continuous with the employee's regular work period, shall be guaranteed at least three (3) hours of pay at the rate of time and one-half.

An employee reporting for duty on a Seasonal Bonus Day at the Employer's request for work which the employee had not been notified in advance and which is outside of and not continuous with the employee's regular work period, shall be guaranteed at least three (3) hours of pay at the rate of time and one-half. If an employee works beyond the three (3) hours, the additional time worked is paid at time and one-half.

Section G Reporting Pay

An employee who reports for scheduled work and no work is available will receive three (3) hours of pay at the employee's regular straight time rate.

ARTICLE 9
SENIORITY AND LOSS OF SENIORITY

Section A

Seniority refers to the length of time someone is employed by the University, calculated from their most recent date of hire. Seniority dates may be adjusted, subject to the terms of the agreement. Seniority shall be on a bargaining-unit-wide basis.

All present employees who are included within the bargaining unit and who have served their probationary period shall be credited with accumulated seniority as of the employee's last date of hire.

Bargaining unit members working in full-time, less than twelve (12)-month positions will accrue seniority during the designated time periods the bargaining unit members are actively employed.

In the event that two (2) or more employees have identical seniority dates, seniority will be determined by alphabetical order by last name as of the date of hire.

Section B

1. Seniority Lists of the date of this Agreement will show the names, job classifications and date of hire of all employees of the Unit entitled to a ranking for seniority. Service records in effect at the date of this Agreement shall be used by the parties hereto as the records of continuous service as of such date.

2. The Employer will keep the seniority lists up to date at all times, and whenever a Steward shall raise a question of seniority, shall make the seniority list available for the Steward's inspection for the purpose of settling the question. The Employer will furnish the Union with a copy of the current seniority list every month.

Section C

An employee shall lose seniority for the following reasons:

1. The employee quits and is not rehired by the University within thirty (30) days after the employee's last day of work.

2. The employee is discharged and the discharge is not reversed through the Grievance Procedure.

3. The employee is absent from the employee's job for three (3) consecutive working days without notifying the Employer. In proper cases, exceptions shall be made by the Employer. After such absence, the Employer shall send written notification to the employee at the employee's last known address that the employee has lost seniority, and the employee's employment has been terminated with a copy to the Union President. If the disposition made of such case is not satisfactory, the matter may be referred to the Grievance Procedure, but the Employer will not accept a grievance of this kind that is initiated more than one (1) month after the occurrence of the incident.

4. If the employee does not return to work when recalled from layoff within eight (8) calendar days from the date of receipt of notice of recall. In proper cases, exceptions shall be made by the Employer.

5. Failure to return to work within the time limits of a leave of absence, an extended leave of absence, or an approved seasonal leave of absence, will be treated the same as 4 above.

6. Failure to accept a position of the same classification and shift upon return from a personal leave of absence.

7. Laid off and not recalled for a period equal to the length of the employee's seniority at time of layoff or five (5) years whichever is shorter.

ARTICLE 10
PROBATIONARY EMPLOYEES

All Police Officers and Police Specialists shall be considered as probationary employees for the first one hundred and eighty (180) calendar days of their continuous employment following being sworn in. Police Officers/Specialists-NMU/UPHS who transfer into Police Officer positions shall be required to complete the Field Training Officer (FTO) Program for one hundred and eighty (180) calendar days of their continuous employment in the Police Officer position, and shall have the right of return to a Police Officer/Specialist-NMU/UPHS position. When an employee finishes the probationary period, the employee shall be entered on the seniority list of the unit and shall rank for seniority from one hundred and eighty (180) calendar days prior to the date the employee completed the probationary period.

There shall be no seniority among Police Officer-NMU/UPHS probationary employees nor Police Officers in the FTO Program.

The Union shall represent probationary employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment, except discharged or disciplined employees for other than Union activity.

New employees will be hired at the starting rate of the classification.

ARTICLE 11
REDUCTION OF THE WORK FORCE AND RECALL PROCEDURES

Section A Temporary Adjustment of the Work Force

When there is a temporary decrease in the work force of four (4) months or less and probationary employees will be laid off by classification first. Seniority employees may exercise their bumping rights, within their classification. When the working force is increased after a temporary lay-off, affected employees will be recalled to the position held prior to the temporary layoff. In the event that such a work adjustment extends beyond four (4) months, the Union can request the procedure in Section B be followed.

Section B Procedure for the Reduction of the Working Force

1. In the event it becomes necessary for a layoff, the Employer shall meet with the Local Union President at least three (3) calendar weeks prior to the effective date of the layoff if possible, and in any event no less than forty-eight (48) hours in advance of the layoff.

2. Employees to be laid off will have at least fourteen (14) calendar days of notice of layoff. The Local Union President will receive a list from the Employer of the employees being laid off on the same date the notices are issued to the employees.

3. When there is a decrease in force other than defined in Section A, the following procedure shall be followed: Probationary employees will be laid off on a unit-wide or occupational group basis whichever is in effect provided the seniority employees can do the available work.

4. The University will attempt to place employees with seniority in positions in their bargaining unit within their specific classification in the following order:

a. Fill any vacancies in a different classification with the same or lower working rate, same shift, provided the employee can do the work.

b. Displace the least senior employee in a different classification with the same or lower working rate, same shift, provided the employee can do the work.

c. Displace the least senior employee in a different classification with the same or lower working rate, different shift, provided the employee can do the work.

d. This process will be continued until the employee is either placed, or is laid off.

If, because of seniority, it becomes necessary to displace an employee in a lower classification, the same procedure as above will apply.

5. In proper cases exceptions may be made. Disposition of these cases will be a proper matter for the third (3rd) step of the grievance procedure.

Section C Recall Procedure

1. When the working force is increased after a lay-off, employees will be recalled according to seniority, provided the greater seniority employees are able to perform the available work.

However, the Employer shall not be required to promote an employee at time of recall unless the employee has previously performed the higher rated job and is able to do the work.

2. Seniority of an employee who is reemployed from a seniority list shall be restored to its status as of the date the employee left the service of the Employer.

3. Notice of recall shall be sent to the employee at the employee's last known address by registered or certified mail. If an employee fails to report for work within eight (8) calendar days from the date of receipt of notice of recall, the employee shall be considered a quit. Extension will be granted by the Employer in proper cases.

Section D Seniority Preference

1. Notwithstanding their position on the seniority list, members of the Local Union negotiating committee while actively engaged in negotiations shall, in the event of a layoff of any type, be continued at work as long as there is a job in their district for which they can perform and shall be recalled to work in the event of a layoff on the first open job in their district which they can perform. The committee shall be limited in size to two (2) members.

2. Notwithstanding their position on the seniority list, the Union's grievance committee which consists of the President and Vice President of the Local Union shall, in the event of a layoff, only be continued to work at all times provided they can perform any of the work available in the unit.

ARTICLE 12
JOB POSTINGS

Section A Job Posting

1. When there is a vacancy consideration will be given to seniority and employee preference when schedules are being established.

2. A Police Officer vacancy shall be offered to all Police Officers/Specialists-NMU/UPHS prior to external posting based on seniority.

3. If it has been determined that no internal candidate has interest in the vacancy the Employer may expand the pool of candidates by conducting an external search.

Section B General Provisions

1. An employee who is awarded a position in a different classification will be given a reasonable period of time to demonstrate, by actual performance, whether the employee has the ability to perform the work. If the employee does not have the ability to perform the work, the employee, the Union President shall be given written notice of the reason. The employee will be returned to a vacancy in the employee's former classification or displace the least senior employee in the employee's former classification at the same rate of pay (plus any scheduled increases) and same months employed as before the promotion or transfer.

If the employee requests, within a five (5) calendar day period following the award of a position from a different classification, the employee shall be returned to the former position within a one (1) month period following the request. In the event the position has been abolished, the employee may displace the least senior employee in the employee's former classification at the same rate of pay (plus any scheduled increases) and same months employed as before the promotion or transfer and said movement will occur within a one (1) month period following the request.

2. In the event an employee is returned to the employee's original classification after being awarded a position at either the employee's request or at the Employer's discretion, the Employer need not repost the job, but choose the next senior qualified employee or the most qualified applicant, whichever is applicable.

ARTICLE 13
RETURN TO UNIT

If an employee is transferred to a position under the Employer not included in the unit and is thereafter transferred again to a position within the same unit, the employee's accumulated seniority shall be that amount of seniority attained at the time of leaving the unit.

The Employer agrees that in any movement of work not covered above such movements will be discussed with the Union in order to provide for the protection of the seniority of the employees involved.

ARTICLE 14
SICKNESS, FAMILY CARE AND INJURY PAY

Section A Sick Leave

Sick leave shall be available for personal use by employees for the following purposes:

1. Personal illness or incapacity over which the employee has no reasonable control.

2. Absence from work because of exposure to contagious disease which, according to public health standards, would constitute a danger to the health of others by the employee's attendance at work.

3. Health appointments for oneself to the extent of time required to complete such appointments when it is not possible to arrange such appointments for non-duty hours.

In their initial year of employment, or upon return to work from layoff or an unpaid leave of absence, employees hired or returned to active employment from layoff or unpaid leave between July 1 and September 30 shall be eligible for up to two hundred and forty (240) hours of sick leave; employees hired or returned to active employment from layoff or unpaid leave between October 1 and December 31 shall be eligible for up to one hundred sixty (160) hours of sick leave; employees hired or returned to active employment from layoff or unpaid leave between January 1 and March 31 shall be eligible for up to one hundred twenty (120) hours of sick leave; and employees hired or returned to active employment from layoff or unpaid leave between April 1 and May 31 shall be eligible for up to sixty-four (64) hours of sick leave in the fiscal year. Employees hired or returned to active employment from layoff or unpaid leave after May 31 shall be eligible for sick leave in the subsequent fiscal year. New employees may use sick leave, if eligible, after they have completed two (2) biweekly pay periods.

Upon return to work from layoff or an unpaid leave of absence, employees shall be eligible for sick leave as indicated above.

Section B Sick Leave General Conditions

If an employee is in a period of continuing sick leave utilization at the change of fiscal years, the employee will be required to requalify for sick leave by returning to active employment and working a period of twenty (20) consecutive work days.

Employees who are not eligible for short-term disability and who have exhausted their sick leave and are still unable to return to work shall exhaust any unused annual leave. Employees who have exhausted their sick leave and their accrued annual leave and are still unable to return to work, must apply for a leave of absence for illness or disability as specified under Article 16, Section E2.

Employees are required to notify their supervisor or designated reporting contact of all absences on a daily basis prior to the start of their shift.

Where an employee is expected to be hospitalized or confined to the employee’s home, the employee and the Head of Human Resources or designee or delegate may arrange for notification at appropriate intervals.

An employee who has been severely ill or who has been hospitalized because of illness or surgery must provide a statement from the employee’s personal physician stating that the employee is able to resume the employee’s full range of duties, including any limitations attached thereto.

Absences of four (4) or more consecutive work days due to illness requires that the employee submit a satisfactory physician’s statement on the authorized form to HR-Benefits. In an effort to determine the validity of an employee’s use of sick leave, the employee must furnish a physician’s statement of medical condition to the Head of Human Resources or designee.

Satisfactory Physician’s Statements

If any submitted physician’s statement is unsatisfactory, the Human Resources Department may request that the employee contact the provider of the statement to request more information. If this request is not responded to in a reasonably timely way, or if the supplemental physician’s statement is still unsatisfactory, the Employer may require the employee to submit to a physical or, where relevant, psychiatric examination by a licensed physician or psychiatrist of its choice at its expense.

Section C Hours of Sick Pay Payable

1. Sick leave taken for less than a full day must be taken, and will be charged, in increments of tenths (10ths) of one (1) hour. (e.g., absence of two [2] hours and five [5] minutes would be charged as 2.1 hours of sick leave.).

2. All payments for sick leave shall be made at the employee's current rate of pay.

3. An employee using sick leave during a period that includes a scheduled holiday will be paid for the holiday. An employee cannot be paid for both on the same day, nor will he be charged for a day of sick leave.

Refer to the Letter of Agreement #1 for sick leave/personal days conversion.

Section D Medical Dispute

If the fitness of an employee to continue in the employee’s responsibilities becomes questionable for reasons of physical or mental health, the employee’s supervisor shall discuss the matter with the employee and their steward, if requested, in a personal conference. In cases of potential workplace violence concerns as determined by the NMU Police Department and Human Resources, the personal conference may be waived. In such cases, if the Employer makes a determination for leave, Human Resources shall notify the employee and the Union in writing. If the problem cannot be resolved in such a conference, the Employer may require the employee to submit to a physical or psychiatric evaluation. The Employer may designate an examiner who must be a licensed physician or psychiatrist and the Employer will assume the cost of the examination. In the event the medical examination results in a finding that the employee is unable to discharge the employee’s duties in a competent manner, the Union recognizes that the Employer may have to place the employee on mandatory sick leave, with entitlement to any applicable sick leave, short- term disability payments. Before an employee is involuntarily placed on such leave, the Employer will notify the President of the Union and give the Union an opportunity to make any objections it has to the proposed action. If the employee is not satisfied with the determination of the University designated physician, the employee may submit a report from a licensed physician or psychiatrist of the employee’s own choosing and at the employee’s own expense. If the dispute still exists, at the request of the Union the University designated physician and the employee's doctor shall agree upon a third licensed physician, psychiatrist, surgeon, or osteopathic physician and surgeon, to submit a report to the University and the employee, and the decision of such third party will be binding on both parties. The expense of the third party shall be shared equally by the University and the employee.

Section E Family Care Leave

Full-time employees may use up to forty (40) hours of paid family care leave per fiscal year for the confining illness or injury (not routine medical/dental appointments) to family members.

Family members shall be interpreted as including: spouse or designated individual; biological, adopted or foster child, stepchild, child to whom the employee stands in loco parentis, daughter-in- law, or son-in-law; biological parent, foster parent, step-parent, adoptive parent, legal guardian, father-in-law, mother-in-law, person who stood in loco parentis when the employee was a minor child; biological, foster or adopted siblings, sister-in-law, or brother-in- law; grandfather, grandmother, grandfather-in-law, grandmother-in- law; grandchild; and other dependent persons (relatives residing in the home). The name of the designated individual must be on file with the Human Resources Department at least six (6) months prior to utilization of such leave.

Once an employee uses forty (40) hours of family care leave, additional time required for the care of a family member must be taken as a personal leave day, annual leave or unpaid leave. The University reserves the right to review cases on an individual basis and to require documentation.

These forty (40) hours of family care leave will not be counted toward the twelve (12) week mandatory protection offered by the Family Medical Leave Act (FMLA).

Section F Workers’ Compensation

A seniority employee who suffers a work-related injury or illness will not be required to use sick leave for time away from work as a result of that injury or illness providing: (1) the injury or illness claim is approved by the University’s workers’ compensation carrier, and (2) the employee provides Human Resources with satisfactory medical documentation in a timely manner from a physician attesting to the necessity for such time away from work. A seniority employee who suffers injury compensable under the Workers' Compensation Act and is awarded such compensation shall be paid the difference between the employee’s regular wages and payment received under provisions of the Act for a maximum of six (6) consecutive months. Employees who are receiving workers' compensation will not accrue annual leave during the period of time that they are off of work. Employees who have been disabled for six (6) consecutive months and are still unable to return to work, must apply, if eligible, for a leave of absence for illness or disability as specified under Article 16, Section E2, with the exception that there will be no loss of seniority, or if eligible, apply for long-term disability as specified under Article 18, Section B.

ARTICLE 15
HOLIDAYS

Section A

The following holidays will be observed on the calendar day on which each falls, except that a holiday falling on Sunday will be observed on the following Monday and a holiday falling on Saturday will be observed on the preceding Friday:

1. New Year's Day

2. Memorial Day

3. Independence Day

4. Labor Day

5. Thanksgiving Day

6. December 25

Section B Seasonal Bonus Days

In addition to the holidays stated above, each fiscal year the Employer will schedule six (6) seasonal bonus days. One (1) seasonal bonus day will be the day after Thanksgiving, one (1) will be the day before or after December 25, and one (1) will be the day before or after New Year's Day. It is the Employer's intention to designate the days between December 25 and New Year's Day a "holiday week."

If an employee is required to work on a seasonal bonus day or Easter Sunday, the employee will be paid straight time, but will be given an additional day off with pay, the time to be arranged with the employee's supervisor who will make an effort to grant the additional day off as near as practical to the designated seasonal bonus day or Easter Sunday.

Section C

If an employee is absent on the scheduled working day immediately preceding or immediately following the holiday, the employee will not be paid for the holiday unless the employee's absence is excused. However, if an employee is laid off for the period between the end of the fall semester and the beginning of the winter semester or during spring break because of lack of work, the employee will receive the same holiday pay given to the rest of the employees, if applicable.

Section D

When the designated holiday occurs on a scheduled day off in the employee's workweek, the employee will receive an additional day off with pay, the time to be arranged with the employee's supervisor who will make an effort to grant the additional day off as near as practical to the designated holiday.

Time and one-half the regular straight time rate will be paid for time worked on any actual weekend holiday or on the designated holiday, but not both. If the employee is not given an additional day off for the holiday on which the employee is scheduled to work, the employee will receive holiday pay in addition to the time and one-half for the time worked.

If an employee terminates employment, the employee will not receive pay for holidays nor accrue annual leave occurring after the last day worked even though the holidays may fall within the period of the employee's projected terminated annual leave.

ARTICLE 16
LEAVES

Section A

A1: Annual Leave

Annual leave with pay is based on an employee’s length of continuous employment and accrues at the following rate:

Length of Continuous Service at NMU

Accrual Per Pay Period

  Hours Per Year

  Maximum Accrual Hrs

Zero (0) through twelve (12) months

   1.54 hours

          40

      60

Thirteen (13) through forty-eight (48) months

   3.08 hours

          80

     120

Forty-nine (49) through ninety-six (96) months

   4.62 hours

         120

     180

Ninety-seven (97) through one hundred and forty-four (144) months

   6.15 hours

         160

     240

One hundred and forty-five (145) months or more

   7.69 hours

         200

     300

An employee must be compensated for forty (40) hours of the pay period in order to accrue annual leave.

Years of service must be consecutive and an employee will be given credit only for time actually worked in meeting the requirements of this annual leave plan.

An approved leave of absence for military service will not be counted as a break in the employee’s service record when determining the employee’s annual leave.

A2: Eligibility

An employee can carry over annual leave from one year to another; however, the maximum accumulation per employee is as specified in Section A.

A3: Pay in Lieu of Annual Leave Time

An employee will receive pay in lieu of paid annual leave time (i.e. without taking actual time off from work) only after completion of the first six (6) months of employment and then only under the following circumstances:

1. Retirement; or

2. Cessation of employment, including layoff; or

3. Death, in which case the pay for unused annual leave will be paid to the beneficiary or the estate of the deceased employee; or

4. Will be at the request of the employee and only if it benefits the University and must be approved by the supervisor and Head of Human Resources or designee. All requests must be for a minimum of ten (10) days or eighty (80) hours and an employee must have a minimum of ten (10) days or eighty (80) hours of accrued annual leave.

A4: Pay for Accrued Annual Leave Time

1. Pay for annual leave time shall be at the employee’s hourly base rate at the time annual leave is taken, times the number of paid annual leave time scheduled and used.

2. Pay in lieu of annual time shall be at the employee’s hourly base rate, at the time the event set forth in Section A3 occurs, times the number of hours of accrued annual leave time.

A5: Scheduling of Paid Annual Leave Time

Annual leave will be taken at the convenience of the University, conforming with the requirements of the individual departments. An employee should consult with the employee’s supervisor at an appropriate time each year concerning the employee’s annual leave allowance and the time the employee wishes to be scheduled.

In the event of a dispute regarding the choice of annual leave time, whenever possible the seniority employee will be given the choice of annual leave.

In instances of “slack” or “down” periods the employer may require that compensatory time and annual leave be used during these periods. The minimum increment to be used is one (1) full shift.

If a legal holiday falls within an employee’s annual leave, the employee will be given an extra day, the time to be arranged with the employee’s supervisor.

Section B Personal Leave Hours

For the purpose of attending to, or caring for personal matters during the course of the fiscal year (July 1 to June 30), full-time employees hired between July 1 and December 31 shall be granted twenty-four (24) personal leave hours to be used during the fiscal year, at such time as the employee arranges with the employee's supervisor's permission, as described below. New employees hired between January 1 and June 30 will be granted twelve (12) hours of personal leave on their date of hire.

To receive pay an employee shall request permission from the employee's supervisor to use personal leave hours in advance.

Personal leave hours shall be utilized and charged to employees in increments of not less than one (1) hour.

Personal leave hours do not accrue from one fiscal year to another, nor is pay received in lieu of personal leave hours, nor may personal leave hours be used immediately preceding or following annual leave. In proper cases, exceptions to this policy will be made provided that the reason for the request is given to the supervisor.

Refer to the Letter of Agreement #1 for sick leave/personal hours conversion.

Section C Funeral Leave Pay

If a death occurs among members of an employee’s immediate family, the employee will be excused from work with pay, for three (3) working days in order to attend the funeral and to make other necessary arrangements. In the case of an employee’s parent, parent in-law, spouse or designated individual, child or stepchild, five (5) days will be permitted. Whenever a death occurs outside of the normal commuting distance, additional days as agreed by Management and the employee will be granted to an employee to be deducted from annual leave, or without pay at the option of the employee.

Definition of Immediate Family:

The immediate family shall be interpreted as including: spouse or designated individual, child, stepchild, father, mother, sister, brother, father-in-law, mother-in-law, sister-in-law, brother-in- law, daughter-in-law, son-in-law, grandfather, grandmother, grandfather-in-law, grandmother-in- law, grandchild, stepfather, stepmother, half brother, half sister, and dependent persons (foster children or relatives residing in the home).

The name of the designated individual must be on file with the Human Resources Department at least six (6) months prior to utilization of such leave.

One (1) day, the day of the funeral, is allowed in the case of the death of an uncle, aunt, nephew, or niece of the employee or employee’s spouse.

Permission will be granted to a reasonable number of employees in the unit who wish to attend the funeral of a fellow employee or former employee, provided they return to work after the funeral. Employees who serve as pallbearers at a funeral of a fellow employee or former employee will be paid during the time they must be off the job.

Section D Jury Duty

An employee with seniority who serves or is called and reports for jury duty will be paid the difference between his pay for jury duty and his regular pay. An employee shall report for regular University duty when temporarily excused from attendance at court. Persons assigned and working the second or third shifts will receive time off work equal to the time spent on jury duty. Checks for jury duty should be endorsed to Northern Michigan University and forwarded to the Financial Services Office with a memorandum that includes the dates of the jury duty.

Section E Unpaid Leaves of Absence

E1: General Conditions
Except as otherwise specified in a particular leave of absence provision, the following general conditions shall apply to all leaves of absence without pay:

a) Seniority in effect or time worked toward seniority at the outset of leave shall be retained, but shall not continue to accumulate during the period of the leave.

b) With the exception of FMLA, fringe benefits ordinarily provided to the employee shall not be provided during the period of the leave; provided, however, that the employee may contact the Human Resources Department to make arrangements for the continuation of group life insurance, group health insurance, dental insurance, and vision insurance at the employee's own expense.

c) Leaves of absence must be approved by the administrative head or Human Resources, as appropriate.

d) The employee will not receive pay for the holidays falling within the leave of absence.

e) The employee will not accrue annual leave while on a leave of absence.

f) Per Article 9, Section C5, an employee who does not return from a leave of absence upon the expiration of the leave shall have his employment terminated.

E2: Illness or Disability Leave

Employees who are not eligible for long-term disability benefits may apply for a leave for illness or disability as follows:

a. An employee with seniority who (1) is unable to work because of personal sickness or injury and (2) has exhausted sick pay under Article 14 and annual leave payments under Section A shall be granted a leave of absence without pay upon request in writing and furnishing evidence of disability satisfactory to the University.

b. The leave of absence shall be for the period of continuing disability, but not to exceed three (3) months, unless extended, at the sole discretion of the Employer, for a period up to the length of seniority or two (2) years whichever is shorter at which time the employee will lose seniority in accordance with Article 9, Section C5.

c. Seniority of employees shall not continue during leaves of this provision, except as specified under Article 14, Section F. The Employer will provide hospitalization, dental, and vision insurance, if applicable, and one (1) times regular annual salary as group life insurance as provided by our carriers for those employees who are on an approved leave of absence due to sickness or disability including those receiving Workers' Compensation benefits. However, employees are responsible for paying the necessary employee premium share, if any, for such plans including supplemental and dependent life insurance.

Employees who have been employed full-time on a continuous basis for one (1) year or longer will apply for benefits under the Long-Term Disability Program as specified under Article 18.

Employees who receive benefits under the Long-Term Disability Program will be considered to be on a disability leave and are subject to the conditions of Article 18.

E3:  PERSONAL LEAVE OF ABSENCE

Leaves of absence up to three (3) months without pay may be granted, in cases of exceptional need for those employees who have acquired seniority under this Agreement. Leaves may be granted for such reasons as settlement of an estate, serious illness of a member of the employee's family, temporary termination of the employee's work, child care for a new born infant (including adopted infants), or an extended trip, but not for the purpose of obtaining employment elsewhere. Leaves of absence for like causes may be extended for an additional three (3) month period, but the total leave time shall not exceed one (1) year.

E4:  Family Medical Leave ACT (FMLA)

The provisions of this Article are intended to comply with the Family and Medical Leave Act of 1993, and as amended, and any terms used from the FMLA will be as defined in the Act. To the extent that this Article is ambiguous or contradicts the Act, the language of the Act will prevail. Except as expressly provided in this Article, these FMLA provisions do not impair any rights granted under other provisions of this Agreement. The link to the department of labor website and FMLA detail can be found at the following link: http://www.dol.gov/whd/fmla/index.htm

An employee is eligible for a FMLA leave if the employee has been employed for at least twelve (12) months and has worked at least one thousand two hundred and fifty (1,250) hours during the twelve- (12) month period immediately preceding the leave effective date at a worksite where the employer employs at least fifty (50) employees within a seventy-five (75) mile radius.

Subject to the notice and certification requirements described below, an eligible employee may request and will be granted up to twelve (12) workweeks of unpaid FMLA leave during any twelve- (12) month period for one or more of the following events:

a. For the birth of a son or daughter of the employee and to care for such child.

b. For the placement of a child with the employee for adoption or foster care.

c. To care for a spouse or designated individual (such individual must be on file with human resources at least six (6) months prior to utilization of such leave) , child, or parent of the employee if they have a serious health condition, or

d. Because of a serious health condition of the employee, which renders the employee unable to perform the functions of the employee's position.

e. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

The taking of a FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; provided, however, that nothing in this sentence shall be construed to entitle any employee who returns from leave to the accrual of employment benefits during the period of the leave or to any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

Employees who take a FMLA leave for the intended purpose of the leave shall be entitled, on return from the leave, to be restored by the Employer to the position of employment held by the employee when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

During the period of a FMLA leave, the Employer shall maintain coverage under any group health plan as defined by the FMLA for the duration of such leave and at the level and under the conditions coverage would have been provided if the employee had continued in employment for the duration of the leave; provided, however, that the Employer may recover the premiums paid for maintaining coverage for the employee under such group health plan during the period of a FMLA leave if the employee fails to return to work for reasons other than the continuation, recovering, or onset of a serious health condition entitling the member to leave under Sections (c) or (d) above, or other circumstances beyond the employee's control. The Employer may require certification of inability to return to work as specified and allowed by the FMLA.

If the requested leave is for the birth/care of a child, the placement of a child for adoption or foster care, or to care for a spouse or designated individual, child, or parent who has a serious health condition, the employee is first required to exhaust any available paid vacation leave and necessity leave (e.g., Family Care Leave, personal leave days). Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.

The name of the designated individual must be on file with the Human Resources department at least six (6) months prior to utilization of such leave.

If the requested leave is due to the employee's serious health condition, the employee is first required to exhaust any available paid sick leave and short-term disability. Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.

An unpaid family leave of up to twelve (12) workweeks for the birth/care of a child or for the placement of a child for adoption or foster care may be taken at any time within the twelve (12) month period which starts on the date of such birth or placement of adoption or foster care. However, regardless of when the leave becomes effective, it will expire no later than the end of the twelve (12) month period. For example, an employee who requests a leave at the start of the twelfth month (of the twelve [12] month period from the date of birth or placement) is entitled to only four (4) workweeks of unpaid leave.

Spouses, or designated individuals, both of whom are employed by the Employer are limited to a combined total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for the birth/care of their child, placement of their child for adoption or foster care, or for the care of a parent with a serious health condition. However, each employee may use up to twelve (12) workweeks of unpaid leave during any twelve (12) month period to care for the employee's child or spouse or designated individual who is suffering from a serious health condition, or if the leave is necessitated by the employee's own serious health condition.

An eligible employee who foresees that leave will be required for the birth/care of a child or for the placement of a child for adoption or foster care, must notify, in writing, the Head of Human Resources or designee, not less than thirty (30) calendar days in advance of the start date of the leave. If not foreseeable, the employee must provide as much written notice as is practicable under the circumstances.

An eligible employee who foresees the need for a leave of absence due to planned medical treatment for themselves, the employee's spouse or designated individual, child or parent, should notify, in writing, the Head of Human Resources or designee as early as possible so that the absence can be scheduled at a time least disruptive to the Employer's operations. Such an employee must also give at least thirty (30) calendar days' written notice, unless impractical in which case the employee must provide as much written notice as circumstances permit.

If the requested leave is to care for a spouse or designated individual, child, or parent who has a serious health condition, the employee may be required to file with the Employer in a timely manner a health care provider's statement that the employee is needed to care for the son, daughter, spouse or designated individual, or parent and an estimate of the amount of time that the employee is needed for such care.

If the requested leave is because of a serious health condition of the employee which renders the employee unable to perform the functions of the employee's position, the employee may be required to file with the Employer the physician's or health care provider's statement as allowed by the FMLA.

Leaves taken under Sections (a) or (b) above shall not be taken intermittently unless the Employer and the employee agree otherwise. Subject to the limitations and certifications allowed by the FMLA leaves taken under Sections (c), (d), or (e) above may be taken intermittently or on a reduced leave schedule when medically necessary; provided, however, that where such leave is foreseeable based upon planned medical treatment, the Employer may require the employee to transfer temporarily to an available alternative position offered by the Employer for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee's regular position.

An employee on an approved leave under this policy must report to the Head of Human Resources or designee every four (4) workweeks regarding his status and intent to return to work upon conclusion of the leave.

In any case in which the Employer has reason to doubt the validity of the health care provider's statement or certification for leaves taken under Sections (c), (d), or (e) above, the Employer may, at its expense, require second and third opinions as specified by the FMLA to resolve the issue.

E5:  Military Leave

The Employer will abide by federal and state laws regarding eligible employees who serve in uniformed services and take leaves of absence for such service.

The Employer will pay the difference between the employee's military pay and regular pay, if the employee's military pay is less, for a period not to exceed fifteen (15) work days in any one calendar year. In order to receive this difference, the employee shall furnish the Employer with written evidence of the amount of base service pay the employee was eligible to receive.

Although an employee cannot be required to use annual leave to complete a period of training or service, an employee may, at his or her sole option, choose to use accrued annual leave during a period of training or service.

E6:  Leave for Union Business

Members of the Union elected to Local Union offices or elected or selected to positions within POAM which takes them from their employment with the Employer shall at the written request of the Union receive temporary leaves of absence without pay for periods not to exceed two (2) years or the term of office, whichever may be shorter. The employee agrees to provide the University with a minimum of fourteen (14) calendar days' notice of their intent to return to the University if returning prior to the expiration of the leave. A leave for Union Business is limited to a maximum of two (2) years for each employee during their tenure at the University.

Upon their return, they shall be reemployed in their former job with accumulated seniority. If the leave of absence exceeds one (1) year, the University may require an employee to undergo and successfully pass a physical examination before returning to work at the expense of the University.

E7:  Union Educational Leave

Leaves of absence with pay will be granted to those employees who are elected or selected by the Union to attend educational classes conducted by the Union. The number will not exceed four (4) employees at any one time for a combined total of twenty-two (22) working days per contract year during the term of this contract. Such absences under this Section shall be approved if not less than five (5) working days' notice is given to the employee's supervisor and provided that the employee's absence will not unreasonably interfere with the University's operation. An immediate conference shall be held between the Union and Management if in the Union's opinion such leave has been unreasonably withheld.

E8:  Educational Leave for Veterans

Employees who are reinstated in accordance with the Universal Military Training Act, as amended, and other applicable laws and regulations, will be granted leaves of absence for a period equal to their seniority but not to exceed two (2) years (without pay) in order to attend school full-time under applicable federal laws in effect on the date of this Agreement.

Section F:  Return to Active Employment

The University, at its option and without cost to the employee, may require that a physician or physicians of its choosing examine the employee before returning him to active employment.

In addition, and in order to be eligible to return to active employment, an employee returning from an illness or disability leave of absence must provide a statement from the employee's physician releasing the employee to return to work. The assignment upon return from a personal leave will be dependent upon the vacancies available within the same classification.

If a vacancy within the same classification and pay grade does not exist, the employee will have the right to displace the least senior employee in the same classification.

If the employee does not return to the University when a vacancy exists, or does not exercise seniority, the employee's employment shall be terminated.

In addition, and in order to be eligible to return to active employment, an employee returning from a military leave of absence must have a certificate of satisfactory completion of service and apply for reinstatement within time limits specified by federal law.

ARTICLE 17
FRINGE BENEFITS

Section A Health Benefit

The Board will, during the life of the Agreement, maintain and contribute to the cost for the current hospitalization and medical program for bargaining unit members regularly scheduled to work thirty (30) hours or more per week (1,560 hours or more per year). Employees regularly scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week are eligible for the hospitalization and medical program by paying the University the difference between the University’s full contribution and the full-time equivalent cost (e.g., for an employee scheduled to work twenty [20] hours per week, the University will pay fifty percent [50%] of the specified contribution and the employee will pay fifty percent [50%]). If an employee elects not to pay the prorated contribution, the employee will not be covered for this benefit. Employees must complete and file an application in accordance with the Board’s and the administrator’s regulations.

The health plan year is January through December.

Effective January 1, 2015, the University will offer the Community Blue PPO with ECM
$2000/$4000 plan. The Board will elect the 80%/20% requirements of Section 4 of the Publicly Funded Health Insurance Contribution Act (Act 152 of 2011), hereinafter referred to as the “Act”, for the immediate future. Accordingly, the University will pay no more than 80% of the total annual costs of the medical benefit plan selected above. Employees will pay 20% of the total annual costs of the medical benefit plan selected above. For purposes of this provision, total annual costs includes the premium or illustrative rate of the medical benefit plan, administrative fees, stop loss reinsurance, fees and taxes mandated by state and federal law, and all employer payments for reimbursement of co-pays, deductibles, payments into health savings accounts, flexible spending accounts or similar accounts used for health care, but does not include the costs of dental and vision and does not include beneficiary-paid co-payments or beneficiary payments into health savings accounts, flexible spending accounts or similar accounts used for health care. The employee’s share of premium or illustrated rates will be paid via payroll deduction. The election by the University under Section 4 and 8 of PA 152 may be made annually. If, during the life of this Agreement, the University fails to elect 80%/20%, by default the University will instead use the “hard caps”; the parties will promptly negotiate this decision’s impact on the bargaining unit.

The Union authorizes the University to withhold the bargaining unit member’s health insurance premium/illustrated rate contributions through 26-pay pre-tax payroll deduction based on a single, two-person, family plan. Deductions will be made on a bi-weekly schedule through the NMU premium conversion plan, which means that contributions will be withheld in such a way that they are not subject to state, federal, social security, or Medicare withholding. The dollar amounts of withholding may be increased or decreased without further specific authorization, provided that employees receive 30 days advance notice of the amount of any increase in withholding.

If it is determined that an employee has paid more than the actual amount owed due to an error, the bargaining unit member will be issued a refund. The refund will be processed during the earliest possible payroll cycle and the Union President will be notified.

In the event that the Employer exercises its right to change insurance carriers, including third party administrators, any substantial changes in coverage would be subject to the provisions of the Collective Bargaining process. The Union and representatives of the Board will hold a Special Conference to discuss any proposed future changes to health care prior to any implementation action.

Section B Dental Benefit

The Employer will contribute the full cost per bargaining unit member of a two-person plan illustrative premium for bargaining unit members regularly scheduled to work at least thirty (30) hours per week (1,560 hours per year) for a defined dental plan for all participating bargaining unit members.

Participation in the plan is optional for all eligible bargaining unit members. Participation in the plan will become mandatory when the dental plan of any other University employee group becomes a mandatory participation plan unless an employee is currently covered by another dental plan and provides proof of such coverage to the Employer and/or insurance carrier. Payroll deductions will be deducted in advance for coverage for the following month.

The plan must maintain the level of participation of the employees on roll as determined by the carrier.

The Employer will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.

Section C Vision Benefit

The Employer will contribute the full cost per bargaining unit member of a family plan illustrative premium for eligible bargaining unit members for a defined vision plan for all participating bargaining unit members.

Participation in the plan is optional for all eligible bargaining unit members. Participation in the plan will become mandatory when the optical plan of any other University employee group becomes a mandatory participation plan unless an employee is currently covered by another optical plan and provides proof of such coverage to the Employer and/or insurance carrier.

The plan must maintain the level of participation of the employees on roll as determined by the carrier.

The Employer will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.

Section D Flexible Spending Accounts

Dependent Care Spending Account. The employer agrees to offer an employee-paid Dependent Care Spending Account to bargaining unit members in accordance with Section 125 of the Internal Revenue Code.

Health Care Spending Account. The employer agrees to offer an employee-paid Health Care Spending Account to bargaining unit members in accordance with Section 125 of the Internal Revenue Code.

Section E Group Life Insurance

The Employer shall provide a term life insurance policy equal to one (1) times annual rate (hourly rate times 2,080 hours or its equivalent) to the next thousand dollar increment with an Accidental Death and Dismemberment rider for an equal amount for all employees who are regularly scheduled to work at least twenty (20) hours per week on a continuous basis. Employees must complete and file an application in accordance with the carrier's regulations.

Employees may, at their expense, apply for additional coverage up to five (5) times their annual base salary rate. Additional optional insurance may be obtained at the employee's expense for the employee's spouse and/or dependent children, including foster children. The amount for the spouse may be up to $20,000 and for dependent children up to $10,000.

This policy is subject to change due to University policy, our carrier's regulations, and the requirements of the State Insurance Commission.

The Employer's only obligation with respect to all insurance coverage shall be payment of insurance premiums as above provided. The amount and nature of benefits and the commencement and duration of coverage for any program shall be as provided in the master insurance policy and the carrier's rules and regulations.

ARTICLE 18
DISABILITY PROGRAMS

Section A Short-Term Disability

When sick leave has been exhausted, full-time employees who are eligible for disability coverage under the University's Long-Term Disability Insurance Program are covered by additional short- term insurance benefits as follows:

1. Upon receipt of satisfactory medical evidence of disability (inability to discharge regular duties), the Head of Human Resources or designee will authorize payment of seventy-five percent (75%) of the employee's regular salary and all of the employee's fringe benefit payments. Employees will use accumulated and unused annual leave to make up the difference between the seventy- five percent (75%) short-term disability payment and full salary.

2. The benefits provided in the preceding paragraph will continue until the Long-Term Disability Insurance Program becomes effective, or until the employee recovers and resumes the employee's regular duties, or until the employee dies, but the benefits will in no event continue for a period longer than the first of the month following six (6) consecutive months of total disability.

3. An employee shall continue to accrue annual leave while using sick leave.

4. Once sick leave and personal sick leave reserve have been exhausted and the employee is placed on short-term disability, the employee shall cease to earn annual leave.

5. An employee who returns to work after having received short-term disability will be required to requalify for short-term disability benefits by working a period of twenty (20) work days unless the subsequent disability arises from a cause unrelated to the original disability. The only exceptions to this requalification may be made by the Head of Human Resources or designee in cases of very serious illness or disability. Exceptions shall be granted at the sole discretion of the Employer and any such decision to grant or deny any exception shall not be grievable.

Employees with seniority who are not eligible under the Long-Term Disability Insurance Program will be paid their regular salary rate until their sick leave and annual leave have been exhausted. When sick leave and annual leave is exhausted, an employee may apply for a leave of absence for illness or disability according to the provisions of Article 16, Section E2, except that the period of the leave of absence will not exceed the length of their seniority at which time their employment will terminate.

Section B Long-Term Disability

The University will pay the full cost of a Long-Term Disability Insurance Program.

The policy provides for the payment of sixty percent (60%) of the regular yearly salary for all full- time employees who have been employed one (1) full year or longer and who, in the opinion of our carrier, are considered to be totally disabled. Disability payments, if approved, will commence the first of the month following six (6) months of disability. The sixty percent (60%) level is less any and all offsets (sick leave, short-term disability, social security, workers' compensation, etc.) as determined by the insurance policy.

The definition of total disability is as specified in the insurance policy. You must be under the regular care of a physician, other than yourself or a member of your family.

Physician is defined as a physician legally licensed to practice medicine and/or surgery. Seniority of employees shall not accrue while on long-term disability.

The University will provide hospitalization, dental, and vision insurance, if applicable, as provided in Article 17 and one (1) times regular annual salary as group life insurance as provided by our carriers for those receiving long-term disability benefits to a maximum of two (2) calendar years.

Employees who receive benefits under the Long-Term Disability Insurance Program will be considered to be on a disability leave and are subject to the conditions as specified under Article 16, Section E1, C to a maximum of two (2) calendar years, at which time employment shall be terminated.

Section C Return to Work Accommodations

Employees who have been off of work due to illness, injury (including work-related injury), or disability and who are released to return to active employment by their treating physician must present the Director of Benefits with the Employer provided form completed by the physician.

If return to work restrictions are identified by the physician, the Employer will determine whether reasonable accommodations are available or are required in accordance with applicable state and/or federal law. If the Employer is unable to accommodate an employee's return to work, the employee and the Union President shall be notified of such determination. The Union may request a Special Conference to discuss the matter. The Employer's decision shall be nonarbitrable.

ARTICLE 19
RETIREMENT

All employees first hired prior to January 1, 1996 are required by legislative action to be members of the Michigan Public School Employees Retirement System (MPSERS).

Employees first hired January 1, 1996 or later who are scheduled to work at least twenty (20) hours per week and complete the necessary applications within ninety (90) days of their date of hire will be members of Teachers Insurance and Annuity Association (TIAA).

For those employees hired prior to October 1, 1998 who participate in TIAA, the University contribution to TIAA will be twelve and one-half percent (12.5%) of the first
$20,000 of salary and seventeen and one-half percent (17.5%) of any salary above $20,000.

For those employees hired between October 1, 1998 and May 31, 2011 who participate in TIAA, the University shall contribute twelve and one-half percent (12.5%) of salary.

For those employees hired June 1, 2011 or later who participate in TIAA, the Employer shall contribute seven and one quarter percent (7.25%) of salary. In addition, the University will provide a contribution match up to one and one half percent (1.50%) of an employee’s equal contribution amount.

Any employee planning to retire should notify the Human Resources Department of such plans at least six (6) months in advance.

The salary base for retirement contribution purposes will not include "in kind" payments (e.g., value of meals, lodging, personal use portion of an employer- furnished vehicle, etc.)

Non-Other Retirement Plan (ORP)

Effective January 26, 2006, the University shall make contributions to the Non-ORP with TIAA for MPSERS retirees who are scheduled to work at least twenty (20) hours per week and who have completed the necessary application forms within ninety (90) days of their employment date. Employees scheduled to work less than twenty (20) hours per week will not have retirement contributions made on their behalf by the Employer.

For those employees, MPSERS retirees, covered under the Non-ORP, the Employer shall contribute twelve and one-half percent (12.5%) of salary.

For those NON-ORP employees hired June 1, 2011 or later who participate in TIAA, the Employer shall contribute seven and one quarter percent (7.25%) of salary. In addition, the
 
University will provide a contribution match up to one and one half percent (1.50%) of an employee’s equal contribution amount.

Those employees, MPSERS retirees, covered under the Non-ORP are not eligible for coverage under the University's hospitalization and medical program.

Retirement Privileges

To be considered a retiree and eligible for retirement benefits and privileges as a retiree of Northern Michigan University, regardless of the retirement program in which an employee participates, the total of an employee's age and years of service at Northern Michigan University must equal or be greater than seventy (70) as of the retirement effective date and the employee must have a minimum of ten (10) years of full-time service with the University. The summary of Retiree Privileges can be found on the NMU HR webpage.

ARTICLE 20
ADDITIONAL BENEFITS

Section A University Bookstore Discount

Full-time employees, their spouse and dependents (as defined by the IRS), and retirees and their spouses shall receive a 20% discount on books and a 10% discount on all other merchandise available at the Bookstore except textbook rentals, digital content, special orders, sale books, class and alumni rings, cap and gown rentals and purchases, computer software, periodicals, discounted merchandise, computer hardware, stamps, health and beauty aids, food snacks, and beverages. Discounts are subject to change per the policy of the owner/operator of the Bookstore. The Employer shall notify the Union of any changes to the vendor contract as soon as practical.

It is agreed that once the other employee groups agree to eliminate the "benefit," POAM will also agree to eliminate it.

Section B Tuition Scholarship

1. Tuition scholarship is awarded to employees, spouses, and dependent children (son, stepson, daughter, stepdaughter, and a legally adopted child), on a space available basis.

2. Employees, spouses, and dependent children as identified in Item #1 and in accordance with University policy, shall be allowed to take an unlimited number of credit hours per semester. Those who participate in this Program are not eligible to receive additional University-funded scholarships or grants.

3. Employees may enroll in courses up to a maximum of four (4) credit hours during regular working hours. Arrangements for such time off must be made with the immediate supervisor. All time so devoted will be made up within the same biweekly pay period through arrangements with the immediate supervisor and/or department head. If the Employer assigns a bargaining unit member to take a class offered only during the employee's scheduled work time, the employee shall not be required to make up the time. Employees may bring courses to the attention of their supervisor that are designed to facilitate staying current in areas relevant to their current job assignment and to facilitate movement within the University.

4. No employee on a leave of absence (except those receiving long-term disability benefits) or their spouse or dependent children as identified in Item #1 and in accordance with University policy, shall receive such a scholarship unless it is approved by the Head of Human Resources or designee prior to the commencement of such leave.

5. In the event of an employee's death, the surviving spouse as long as the employee does not remarry, and dependent children as identified in Item #1 and in accordance with University policy, who are participating in the Tuition Scholarship Program as specified above at the time of the employee's death may continue in the Program until completion.

6. In the event of death to an employee who had at least fifteen (15) years of service at NMU, the surviving spouse, as long as the employee does not remarry, and the dependent children as identified in Item #1 and in accordance with University policy, when they become eligible for enrollment at NMU, may participate in the Program until they complete their course of study.

7. Northern Michigan University will abide by state and federal laws regarding the taxability of tuition benefits.

Section C Recreation Membership

All employees may acquire a single recreation membership for themselves, free of charge, by completing the annual application process. The cost of an annual family membership may, in the alternative, be reduced by the cost of a single membership for the family of such employees. Once per year, employees may sponsor one (1) person, other than their spouse, for a recreation membership at the reduced rate which would otherwise be afforded family members of employees.

Section D Parking Fees

The Employer will allow employees who complete the necessary forms to receive one (1) parking decal at no cost and have the cost of additional parking decal fees deducted from their payroll check on a pre-tax basis.

ARTICLE 21
SAFETY

One (1) member of the Union shall be representatives on the University Safety Committee. This Committee shall meet periodically during regular working hours for a period not to exceed two (2) hours for the purpose of serving as the central clearinghouse for all issues related to safety. As of 1989, the University Safety Committee acts as an advisory group to the University administration for apprising them of potentially unsafe procedures, practices or conditions; and developing and implementing recommendations for controlling or correcting problems. The Committee is charged to review compliance with current rules, codes, and regulations, discuss accident prevention methods, safety education and training, compliance inspections and investigations, hazardous material storage and removal, and compliance with the Right to Know Law. The Committee is also charged to discuss, evaluate and implement recommendations on various safety related issues brought to the attention of Committee members.

ARTICLE 22
DISCIPLINE

A. Employees will be informed as to the nature of business for which their supervisors may require their presence for a meeting. If the nature of the business is for disciplinary action or reprimand of a serious nature, the employee will have the right to representation by the Union President or in the absence of the President the Vice President if the employee so requests.

B. The Employer shall not discharge employees or take other disciplinary action without just cause. When administered, it will be done in a fair and equitable manner.

C. Notice of Discharge or Discipline. The Employer agrees promptly upon the discharge or discipline of any employee to notify in writing the Local Union President of the discharge or discipline.

D. A discharged or disciplined employee will be allowed to discuss the discharge or discipline with the Union President or Vice President, and the Employer will make available an area where the employee may do so before the employee is required to leave the property of the Employer. Upon request, the Employer or the Employer's designated representative will discuss the discharge or discipline with the employee and the Union President or Vice President. Exception may be made to this provision when immediate action is taken by the University to remove an employee from the premises in cases involving violence or willful destruction of property.

E. Appeal of Discharge or Discipline. Should the discharged or disciplined employee or the Union President or Vice President consider the discharge or discipline to be improper, the discharge or discipline will be a proper matter for the grievance procedure and will be submitted in writing to the third (3rd) step of the grievance procedure within ten (10) working days of receiving the notice of discharge or discipline.

F. Use of Past Records. In imposing any discipline on a current charge, the Employer will not take into account any prior infractions written and on file in the employee's personnel file that occurred more than two (2) years previously unless the infractions include suspensions of three (3) or more days in which case the Employer may use past records. The Employer can also take into account the nature and severity of any prior incidents related to discrimination, harassment, and/or workplace violence.

ARTICLE 23
GRIEVANCE PROCEDURE

Section A

1. The Union President and Vice President, during their working hours, without loss of time or pay in accordance with the terms of this Section investigate and present grievances to the Employer, upon having received permission from the supervisor to do so. The supervisor will grant permission and provide sufficient time to the representative to leave their work for these purposes subject to necessary emergency exceptions. The privilege of representatives 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 grievances and will not be abused; and representatives will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. Any alleged abuse by either party will be a proper subject for a Special Conference and/or disciplinary action.

2. The Local Union President may be designated to investigate and discuss grievances with supervisors prior to reducing the grievance to writing. The Local President or Vice President may leave work during working hours without loss of pay based on the understanding that their supervisor has granted permission to leave work, that the time will be devoted to the prompt handling of legitimate grievances and that they will perform regularly assigned work at all times except when necessary to leave work to handle grievances as provided herein. Any alleged abuse by either party will be a proper subject for a Special Conference and/or disciplinary action.

3. The Union will furnish the Head of Human Resources or designee with the names of its authorized representatives and members of its Grievance Committees, and such changes as may occur from time to time in such personnel, so that the Employer may at all times be advised as to the authority of the individual representatives of the Union with which it may be dealing.

Section B Employee Grievance

If an employee experiences an issue in connection with employment, the employee should first discuss the matter with the employee's immediate supervisor in an attempt to resolve the issue. In the event the parties are unable to resolve the issue, the employee may refer the matter to the Union.

A grievance is defined as a disagreement, arising under and during the term of this Agreement, between the Employer and any employee concerning (1) employment and (2) the interpretation and application of the provisions of this Agreement. Such a grievance may be submitted only by the aggrieved employee in accordance with the procedure set forth in Section E; except that the Union President or the Union President's designated representative may submit a grievance on behalf of an aggrieved employee, beginning at Step 1 of the grievance procedure, provided the grievance is submitted within ten (10) working days following the day on which the aggrieved employee had knowledge of the facts giving rise to the employee's grievance and the aggrieved employee refuses to process the grievance. Such a grievance by the Union President must set forth the reasons the Union President is processing the grievance. In proper cases exceptions may be made if mutually agreed upon by the Union President and the Head of Human Resources or designees.

Section C Group Grievance

A group grievance shall be defined as one in which the fact questions and the provisions of the Agreement alleged to be violated are the same as they relate to each and every employee in the group. In the event that employees have a group grievance, it shall be sufficient if one (1) employee or the Union President submits the grievance on behalf of all named and similarly affected employees. Such group grievances shall begin at that step of the grievance procedure where all affected employees have a common Employer representative.

Section D Union Grievance

A Union grievance is defined as a disagreement, other than one which can be processed under Section B or C above, arising under and during the term of this Agreement, between the University and the Union concerning the interpretation and application of the provisions of this Agreement on a question which is not an employee grievance.

In the event that the Union has a grievance, it shall begin at Step 3 of the grievance procedure, provided the grievance is submitted within ten (10) working days following the day on which the Union had knowledge of the facts giving rise to the grievance. Such a grievance shall be submitted by the Union President or the Union President's designated representative.

Section E Presenting a Grievance

Any employee or groups of employees having a grievance in connection with their employment shall present it to the Employer as follows and provided that no grievance shall be considered unless it is presented to the first step of the grievance procedure by the employee or Steward, within ten (10) working days of the time the employee or the Union has obtained knowledge of its occurrence. In no event shall monetary adjustments of a grievance cover a period prior to one hundred and twenty (120) calendar days before the filing of a written grievance.

Grievances which by their nature are not capable of being settled at a preliminary step of the Grievance Procedure may, by mutual agreement between the Head of Human Resources or designee and the Union President or the Union President's designee, be filed at the appropriate advanced step where the action giving rise to the grievance was initiated or where the requested relief could be granted.

STEP 1

If an employee has been unsuccessful in addressing an employment issue with the immediate supervisor, the employee may refer the matter to the Union President. If the representative believes that the employee has a legitimate grievance, the representative may begin the formal process by presenting the written grievance to the supervisor. If the Union President or Vice President has a grievance issue related to their own employment, the other will be assigned to investigate and present the grievance.

The supervisor will meet with the representative within a reasonable period of time and will give a written answer within five (5) working days of the meeting.

STEP 2

If the grievance is not thereby resolved, the employee and the representative will present the written grievance to the head of the unit within five (5) working days of the Step 1 written answer.

The head of the unit or division will give an answer in writing within five (5) working days of receiving the written grievance.

STEP 3

If the representatives of the Employer and the Union representatives do not dispose of the matter at Step 2 of the Grievance Procedure and the Union believes that the matter should be carried further, it shall then refer the matter to POAM. The POAM representatives as well as the Local President and/or Vice President shall meet with the Head of Human Resources or designee and Employer representatives for the purpose of attempting to resolve the dispute(s), provided that such meeting will be requested in writing within fifteen (15) working days from the date of the Step 2 answer. The Employer will assign a grievance log number and will respond in writing to the Union within fifteen (15) working days of the Step 3 meeting.

STEP 4: Voluntary Mediation

If the grievance is not resolved at Step 3, the parties may elect to pursue mediation of a grievance through the services provided by the Michigan Employment Relations Commission. The Union and the University must mutually agree in writing to submit the matter to mediation within fifteen (15) working days of the Step 3 response. The mediator shall have no power to add to, subtract from or modify any of the terms of this agreement. It is clearly understood that the mediator’s role is to assist the parties in resolving the dispute and nothing done by the mediator is binding on either the University or Union.

Section F Arbitration

If, as a result of the Step 3 meeting, the dispute(s) remains unsettled, or does not wish to accept the recommendation of the mediator (if the grievance has been referred to Mediation), either party may submit the matter to arbitration within thirty (30) working days. A log number to the grievance will assigned. The notification to the arbitrator will include the grievance number and the subject of the grievance

The arbitrator shall operate under the Voluntary Labor Arbitration Rules of the American Arbitration Association to the extent they are applicable given these procedures.

Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions:

a. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms of this Agreement.

b. No grievance claiming back wages shall exceed the amount of wages the employee otherwise would have earned at his regular rate less any payment the employee may have received from unemployment compensation during the period of suspension or discharge from employment with the University.

c. The arbitrator's decision shall be final and binding upon the University, the Union and the employee or employees involved. The Union will discourage any attempts of its members in any appeal to any court or labor board from a decision of any arbitrator.

d. The expense for the arbitrator shall be shared equally between the Employer and the Union.

e. Each party shall be responsible for compensating its own representatives and witnesses in an arbitration hearing. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pay for the record and make copies available without charge to the other party.

f. After a case has been referred to the arbitrator, the case may not be withdrawn except by the mutual consent of both parties.

Section G General Conditions

1. The Union representatives may meet at a place designated by the Employer on the Employer's property for at least one-half (1/2) hour immediately preceding a meeting with the representatives of the Employer for which a request has been made.

2. The Local President or representative shall be allowed time off without loss of time or pay to investigate a grievance to discuss or has discussed with the Employer, upon having received permission from the immediate supervisor to do so. The supervisor will grant permission and provide sufficient time to the Local President or representative to leave work for these purposes subject to necessary emergency exceptions. The privilege of the Local President or representative leaving 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 grievances and will not be abused; and the Local President or representative will perform regularly assigned work at all times, except when necessary to leave his/her work to handle grievances as provided herein. Any alleged abuse by either party will be a proper subject for a Special Conference.

3. A grievance that is not appealed from one step to another within the time limits allotted shall be considered settled on the basis of the Employer's last answer and not subject to further review.

4. A grievance not answered within the specified time limits by the Employer may be submitted to the next higher step of the grievance procedure.

5. A grievance may be withdrawn without prejudice, and, if so withdrawn, all financial liabilities shall be cancelled. If the grievance is reinstated, the financial liability shall date only from the date of reinstatement. If the grievance is not reinstated within three (3) months from the date of withdrawal, the grievance shall not be reinstated. Where one (1) or more grievances involve a similar issue, those grievances may be withdrawn without prejudice pending the disposition of the appeal of a representative case. In such event, the withdrawal without prejudice will not affect financial liability.

6. Time limits on answers may be extended with the mutual consent of both the Union and the Employer, provided that such a mutual extension shall be verified in writing by both parties within five (5) working days.

7. For purposes of this Article, working days shall include only University operating working days, excluding Saturday, Sunday, holidays, seasonal bonus days, and other days the University is closed as recognized by the Agreement.

ARTICLE 24
SPECIAL CONFERENCES

Special Conferences for important matters will be arranged between the Local President and the Employer or its designated representative 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) University operating working days, excluding Saturday, Sunday, holidays, seasonal bonus days, and other days the University is closed, from the date of receipt of the written request for such Conference. This meeting may be attended by a representative of POAM.

ARTICLE 25
MISCELLANEOUS

Section A Working Supervisors

1. It is the policy of the University that supervisory employees shall not perform work in any job classification of the bargaining unit; however, it is understood that occasionally management personnel are required to perform manual tasks and, in those situations, the Union agrees that there is no violation of the policy herein stated.

2. Additionally, it is understood that, in emergency situations when regular employees are not available, supervisory employees may be required to perform work within specific job classifications. The same thing is true when operational difficulties are encountered or when regular unit employees do not have the ability to do the work. Likewise, instruction or training of employees may well include demonstrating proper methods of accomplishing the tasks assigned.

Section B Uniform Allowance

All employees in the bargaining unit will receive $100 per year as a uniform allotment, payable the last payday in September. New employees entering the bargaining unit will be given a uniform allotment of $100. However, no employee will receive more than a $100 allotment in a one (1) year period.

Employees will be required to wear University-supplied uniforms, which complies with their department policy. The University reserves the right to require that the attire worn by the employee present an appropriate appearance. Employees will have their uniforms furnished and maintained by the Employer at the discretion of the Department Head.

Section C Use of Student Employees

Northern Michigan University and POAM Employees, recognize and agree that the employment of students is a part of the total employment program and recognize the necessity of employing students during the vacation periods including summer vacation.

Northern Michigan University recognizes its obligation to its full-time regular employees. Therefore, it will be the policy of Northern Michigan University to limit the offer of employment opportunities to student labor when all regular full-time employees who desire to work are working and they will not be hired to replace regular employees who can do the job under consideration.

It is further understood that student labor normally will be limited to students of Northern Michigan University and who shall be placed in positions traditionally held by students. Applicants will be referred to departments for approved openings in the same nondiscriminatory manner as is used for regular employees.

Section D Inclement Weather

POAM employees are considered essential personnel and a vital part of Northern Michigan University. Therefore, on those days when the University officially closes, POAM employees, if scheduled, are to report to work. Any employee who finds it impossible to report to work due to inclement weather must notify the employee's supervisor prior to the start of the regularly scheduled shift and may use a personal leave day to cover such absence without prior notification, or may use accrued annual leave or compensatory time. In cases where the police have closed roads making it impossible to travel to the University, employees so affected will suffer no loss of pay. Those employees who do report to work/campus will be given equivalent time off with pay to be arranged with their 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 the NMU Police Department (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 on NMU’s policy and resource database at www.nmu.edu/policies.

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.

Section E Master Agreement

The Employer shall post an electronic copy of this Agreement on the Human Resources web site after ratification by the Union membership and approval of the Board of Trustees.

Section F Union Meetings

For the purpose of attending the regular monthly Union meeting, employees working during the time the meeting is scheduled may ask their supervisor for one (1) hour off to attend the meeting; however, the on-duty Officer(s) are subject to call. The supervisor may deny the request for reasons such as operational needs or emergency requirements.

ARTICLE 26
SUPPLEMENTAL AGREEMENTS

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 POAM. Final documents shall be approved or rejected, with notification in writing, as indicated by signatures of the parties, within a reasonable period of time.

ARTICLE 27
BARGAINING COMMITTEE

The Bargaining Committee shall consist of Local Union President and Vice President.

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. Schedules may be modified to accommodate negotiation sessions. However, no overtime will be paid for attendance at negotiations unless otherwise agreed to by the Employer.

ARTICLE 28
TERM OF AGREEMENT

This Agreement shall become effective on July 1, 2024 and, except as otherwise set forth in this Article, shall continue in full force and effect until 12:01 a.m. on June 30, 2027, and for continuing periods of one (1) year thereafter unless a written notice is served by one party upon the other at least sixty (60) calendar days prior to June 30, 2027, or at least sixty (60) calendar days prior to the expiration of any subsequent automatic one (1) year renewal period, of that parties’ intent to amend, modify, or terminate this Agreement.

Notice shall be in writing, shall be sent certified mail, and shall be sent to POAM at 27056 Joy Road, Redford, MI 48239; and to NMU at Head of Human Resources, Northern Michigan University, Marquette, Michigan 49855; or to an updated/alternate address POAM or NMU may make available to the other.

 

IN WITNESS WHEREOF THE PARTIES HAVE SET THEIR HANDS:

Date Signed: _______________________________

POLICE OFFICERS ASSOCIATION OF                     ON BEHALF OF THE NORTHERN
MICHIGAN (POAM)                                                     MICHIGAN UNIVERSITY BOARD OF
                                                                                     TRUSTEES

Emil Kezerle, Business Agent – Upper                        R. Gavin Leach
Peninsula                                                                     Vice President, Finance & Administration
POAM-TROAM-COAM

Timothy Forslund, President                                        NORTHERN MICHIGAN UNIVERSITY
POAM, NMU                                                                BARGAINING COMMITTEE

Gregory Carrier, Vice President                                   Rhea Dever,
POAM, NMU                                                                Vice President - People, Culture
                                                                                     and Wellbeing
 

                                                                                     Renee Sheen
                                                                                     Assoc. Dir., Employee Experience

          
                                                                                     Michael Bath
                                                                                     Chief of Police

 

                                                                                     Heather Haupt
                                                                                     Director, Benefits

Signatures on File

Ratified by POAM on June 20, 2024.
Approved by the Board of Trustees on July 2, 2024.

 

APPENDIX A
WAGES


Effective ratification of the contract by both parties, all active employees of the bargaining unit at Northern Michigan University will receive wages as set forth in the schedule of wage rates dated July 1, 2024.

Effective July 1, 2024 employees will receive a 2% increase plus a market adjustment of $1.30 per hour. Effective July 1, 2025 employees will receive a 2.75% increase. Effective July 1, 2026 employees will receive a 2.5% increase.

Notice shall be in writing, shall be sent certified mail, and shall be sent to POAM at 27056 Joy Road, Redford, MI 48239; and to NMU Human Resources, Northern Michigan University, Marquette, Michigan 49855; or to an updated/alternate address POAM or NMU may make available to the other.

Wage Scale

The Starting Rate will be paid for the first 2080 hours. Beginning with the first complete payroll period after an employee completes 2080 hours, the employee will be paid the Full Working Rate.

General Conditions

For the purpose of this provision, hours worked by the employee includes paid hours worked, overtime hours, holiday and seasonal bonus hours, personal days, annual leave hours, compensatory time, and sick time after the probationary period has concluded. Short- and long-term disability and worker’s compensation leaves are excluded from the calculation of hours worked for this provision.

Modifications of the wage scales defined below may be made for hard-to-fill positions, or those with higher than desired turnover, provided the University hold a Special Conference to notify the Union of its intent and discuss intended actions.
 

SCHEDULE OF WAGE RATES

July 1, 2024 – June 30, 2025

 

 

   Starting
  (0 – 2080)

   Working       (2080+)

  P1

     Police Officer – NMU/UPHS

     24.33

     25.44

  P1.5

     Police Specialist – NMU/UPHS

     25.39

     26.56

  P2

     Police Officer

     27.58

     28.81

  P3

     Police Specialist

     28.81

     30.14

July 1, 2025 – June 30, 2026

 

 

   Starting
  
(0 – 2080)

   Working     (2080+)

  P1

     Police Officer – NMU/UPHS

     25.00

     26.14

  P1.5

     Police Specialist – NMU/UPHS

     26.09

     27.30

  P2

     Police Officer

     28.34

     29.61

  P3

     Police Specialist

     29.61

     30.97

July 1, 2026 – June 30, 2027

 

 

    Starting
   
(0 – 2080)

   Working   (2080+)

  P1

     Police Officer – NMU/UPHS

     25.63

     26.80

  P1.5

     Police Specialist – NMU/UPHS

     26.75

     27.99

  P2

     Police Officer

     29.05

     30.36

  P3

     Police Specialist

     30.36

     31.75

 

APPENDIX B
JOB DESCRIPTIONS

All employees hired or promoted to a permanent position will be presented with a current job description by the 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 President and Vice President for comment prior to implementation. Once finalized, the Human Resources Department will email the finalized job description to the Union President and Vice President and the Union will send a confirming email acknowledging receipt.

The Police Services job descriptions will be approved by the Chief of Police and Human Resources.

 

MEMORANDUM OF UNDERSTANDING #1 


BETWEEN NORTHERN MICHIGAN UNIVERSITY AND
POLICE OFFICERS OF MICHIGAN ASSOCIATION (POAM)

NORTHERN MICHIGAN UNIVERSITY
Household Member Program

 

The Household Member Program (HMP) is a new program that expands the eligibility criteria for enrollment in Northern Michigan University's health care plan (medical, hospitalization, and prescription drug program). The HMP program will be implemented as soon as practicable.

REQUIREMENTS:

Under the HMP, a Full-time NMU POAM employee, who does not already enroll a spouse in the health care plan, may enroll one adult individual for benefit coverage but only if all the following criteria are met:

• The employee is eligible for NMU's benefits
• The Household Member, at the time of proposed enrollment, resides in the same residence as the employee and has done so for the previous 18 continuous months, other than as a tenant.
• The Household Member is not a "dependent" of the employee as defined by the IRS.

Children of the Household Member are also eligible for this benefit if they are members of the employee's household and meet IRS dependent criteria as well as University dependent coverage for health benefits up to age 26, provided all the dependent eligibility criteria is met.

Eligibility for coverage of a Household Member, or of a Household Member's dependent, ceases on the date that the above criteria are not met.

The following individuals are not eligible for participation in this program:

• Children of an employee and their descendants (children, grandchildren)
• Parents of an employee
• Parents' other descendants (siblings, nieces, nephews)
• Grandparents and their descendants (aunts, uncles, cousins)
• Renters, boarders, tenants

This program does not affect the rights of or criteria application to any employee qualifying for enrollment in NMU's benefits plans under any other applicable University policy. The Employer cost of providing health benefits for Household Members is considered ordinary income and is, therefore, subject to taxes, including social security, Medicare, federal and state taxes. Household member enrollment must be completed during the open-enrollment period or no more than 30 days after all of the above criteria are met.

In the event of an employee's death, the surviving household member and dependent children of the household member are eligible for hospitalization and medical benefits consistent with the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) by paying the University the necessary premiums for an additional thirty-six (36) months.

The Household Member enrollment form must be completed during the regular enrollment period or no more than 30 days after all the above criteria are met. Any information falsified on the HMP enrollment form may result in consequences that could include discipline up to and including termination from employment and/or appropriate legal action.

Date:

_________________________________          _________________________________
For POAM                                                            For Northern Michigan University

Signatures on File
 

 


LETTER OF AGREEMENT #1
BETWEEN NORTHERN MICHIGAN UNIVERSITY
AND 
POLICE OFFICERS OF MICHIGAN ASSOCIATION (POAM)


Northern Michigan University will provide twenty-four (24) additional Personal Leave hours to those POAM employees who do not use any Sick Leave-time during a fiscal year. After the last payroll period of the fiscal year has been processed, employees who did not utilize any Sick Leave will receive a notification letter of receipt confirming the additional Personal Leave hours. This LOA will remain in effect through the term of the Agreement.

Date:

_________________________________          _________________________________
For POAM                                                           For Northern Michigan University

Signatures on File

 

LETTER OF AGREEMENT #2
BETWEEN NORTHERN MICHIGAN UNIVERSITY
AND
POLICE OFFICERS OF MICHIGAN ASSOCIATION (POAM)


Shift premium is defined in Article 8, Section E. These shift premiums were established for standard 8-hour and 10-hour scheduling assignments. Officers may be assigned to a 12-hour shift schedule. With regard to the 12-hour shift premium, the day shift is any shift that regularly starts on or after 5:00 a.m. but before 5:00 p.m.. The night shift is any shift that regularly starts on or after 5:00 p.m. but before 5:00 a.m. The Employer agrees to pay the third shift premium of $0.40/per hour to officers who are assigned the night shift. Shift premium will be paid for all hours worked on a shift.

Date:

________________________________           _________________________________
For POAM                                                           For Northern Michigan University

Signatures on File

 

LETTER OF AGREEMENT #3
BETWEEN NORTHERN MICHIGAN UNIVERSITY
AND
POLICE OFFICERS OF MICHIGAN ASSOCIATION (POAM)


The POAM Collective Bargaining Agreement with Northern Michigan University was established July 1, 2024. NMU agrees to maintain the seniority dates of all current officers covered by the Agreement.

Date:

_________________________________           ________________________________
For POAM                                                             For Northern Michigan University

Signatures on File

 

LETTER OF AGREEMENT #4
BETWEEN NORTHERN MICHIGAN UNIVERSITY
AND
POLICE OFFICERS OF MICHIGAN ASSOCIATION (POAM)


In accordance with Article 8, Section D, Northern Michigan University will maintain balances of no more than 240 hours of compensatory time accrual for POAM employees. For officers with a current balance above 200 hours, NMU agrees to make a one-time payout of compensatory hours above 200 hours. These hours will be paid at the wage rate effective July 1, 2024, in one lump sum, less applicable withholdings and deductions, on the payroll cycle immediately following the Union ratification and Board approval.

Date:

__________________________________          ________________________________
For POAM                                                              For Northern Michigan University

 

 


Date Approved:7-2-2024
Last Revision:7-2-2024
Last Reviewed:7-2-2024
Approved By:Board of Trustees
Oversight Unit:HUMAN RESOURCES