CONTRACT BETWEEN
THE STATE OF
AND
THE UNIVERSITY OF
ASSOCIATION OF
CLERICAL-TECHNICALS
UNIVERSITY OF
NATIONAL EDUCATION ASSOCIATION
(ACT/URI-NEA)
2004 - 2008
TABLE OF CONTENTS
ARTICLE PAGE
Overtime, Shift Differential, and Call In Time
Seniority, Promotions, Transfers, Layoffs,
Limited Positions and/or Appointments,
Reorganizations, and Reassignments
Probationary Employees and Due Process and Review Process
It is agreed that the purpose of this Agreement is to carry
out the policy of the State and the University of Rhode Island by encouraging a
more harmonious and cooperative relationship between the State, the University
and its employees by providing for procedures which will facilitate the free
and frequent communications between the State, the University and its
employees.
The State, the University and the Association recognize that
members of the Association of Clerical Technicals/URI/NEA are an invaluable
resource, and perform a vital service to the University. The professional way
in which they perform their duties contributes greatly to the efficient way in
which the University operates.
The State, The University and the Association further
recognize the high level of responsibility members of our unit have assumed,
and the many contributions to the University members of our unit have rendered,
and it will be reflected in the respect received. It is agreed that members of the Association
will be able to further their contributions to the University by serving as
members of the various University Committees and by becoming part of the policy
making mechanism that is unique to the University Community.
The State, the University, and the Association agree to
encourage personal and professional development by offering educational
programs affording members of our unit opportunities to take incentive courses
and develop training skills. The University
further agrees that by encouraging these programs, they will be developing the
inner strength of our membership, and the University understands the benefits
that will be derived. The State, the
University, and the Association agree to work to improve the classified system
so that it becomes a system which encourages equality and upward mobility.
These above-stated concerns are primary motivations for the
parties to enter into this Agreement.
The State hereby recognizes the Association as the sole and
exclusive bargaining agent for all employees within the bargaining unit. The bargaining unit consists of those classes
of position found appropriate as a result of the petition submitted in Case
Number EEN3109.
The State agrees that no employee shall be discriminated
against, intimidated, or coerced in the exercise of her right to bargain
collectively through the Association, or on account of her membership in or
activities on behalf of the Association.
No person or persons represented by the exclusive negotiating
agent shall bargain individually or collectively with the State concerning any
terms or conditions of employment except through the authorized representatives
of the ACT/URI/NEA as provided in the State Labor Relations Act.
The State and the Association agree not to discriminate in
any way against employees covered by this Agreement on account of race,
religion, creed, color, national origin, sex, age, marital status, physical
handicap, political affiliation, parental status, or sexual preference.
All references to employees in the Agreement designate both
sexes, and wherever the female gender is used, it shall be construed to include
male and female employees.
The Association and the employer shall not discriminate
against, interfere with, restrain or coerce an employee from exercising the
right to join or not to join the Association and will not discriminate against
the employee in the administration of this Agreement because of membership or
non-membership in the Association.
Nothing in this Agreement shall be construed so as to prevent
compliance with any obligation imposed by the Americans with Disabilities Act
of 1990.
The State and the
In accordance with University policy, sexual harassment shall
not be allowed.
Membership in any employee organization may be determined by
each individual employee, provided, however, that all non-members of the
exclusive representative organization shall pay to the exclusive organization a
service charge as a contribution toward the negotiation and administration of
any collective bargaining agreement in an amount equal to the regular bi-weekly
membership dues of said organization.
The State Controller shall, upon certification of the
exclusive organization, deduct bi-weekly from said employee’s salary said above
amount and remit the same to the treasurer of the exclusive bargaining
organization. The State will not deduct
dues for membership in any other
The State Controller shall also deduct Association dues from
the wages of those members who authorized the State to do so in writing and
shall forward promptly to the treasurer of the Association a check representing
the amount so deducted.
The appointing authority shall give written notice to the
treasurer of the Association of those employees within the respective
bargaining unit who become eligible for membership in the Association.
A. Designated Association members and/or officers shall be
granted time with pay during working hours to investigate and seek to settle
grievances. In addition, time with pay
will be granted to attend hearings and to attend other meetings and conferences
on contract negotiations with State officials.
Such time shall be with the approval of the department
director involved, and such approval shall not be unreasonably withheld. It is
understood that full accountability for the use of such paid leave is a
legitimate management concern.
B. No Association steward or committee member or representative
shall be discriminated against as a result of performance of legitimate
Association business.
C. The Association shall furnish the State and University with a
written list of its officers immediately after their designation and shall
promptly notify the State and University of any change in such officers.
D. Association representatives will be permitted to visit
Association officers and committee members on State premises for the purpose of
discussing Association business.
E. The Association shall have the right to use the University
Central Mail System for communications, including mass distribution, subject to
University policy. The Association will
be assigned reasonable bulletin boards for the exclusive use of the
F. Nothing contained herein shall be construed to deny or
restrict any employee rights she may have under the General Laws of the State
of
G. The State recognizes the Association’s rights to have access
to information relative to budget requests and authorization and staffing
projections as it affects the members of the bargaining unit, register of
personnel, names and addresses and salaries and steps of all employees in the
bargaining unit, and agenda and minutes of all open Board of Governors. Upon written request, the Association shall
furnish information requested by the University.
H. The University Administration shall inform the Association as
to new or modified, long-range institutional planning at least thirty (30) work
days prior to the implementation of any plans that would affect members of the
bargaining unit. Upon notification, the
Association may meet with the Administration for the purpose of discussing the
above-mentioned plans.
I. The President of the University, the Personnel Director or
the Labor Relations Administrator will meet with the President of the
Association upon request at a mutually convenient time.
J. It is hereby agreed that a representative appointed by the
President of the Association may be included on all search and screening
committees for Chief University Administrators.
K. The University commits itself to strive for more balance in
making appointments to committees in a continuing effort to increase
participation.
Furthermore, the University reaffirms its belief that the
outcome of committee activities are meaningful only to the extent that the
composition of committees represents a cross-section of the University
community. Appointed committee members
may be granted leave with pay to attend committee meetings held during regular
hours of work. Such leave will not be
unreasonably withheld.
Therefore, the President of the University will appoint a
member of the bargaining unit to the following committees:
The Space Allocation Committee
Safety Committee
The Affirmative Action Committee
The Student Employment committee
The President of the University will notify the President
of the Association of all appointments.
L. The Association shall be allowed to rent space similar to
that rented by other Unions. Space will
be provided within 60 days of the signing of this Agreement.
M. An employee shall have the right to talk with a Union
representative concerning Union business during working hours free from
employer domination or interference.
N. The
The political or religious activities of any employee shall
not at any time affect her employment or be grounds for discipline or
discrimination subject to the limitations of the Merit System enumerated in
36-4-63.
Every member of the bargaining unit shall have the right to
join and participate in the activities of the Association without prejudice of
any kind.
A. Health, Safety, and Welfare
The State and University shall provide and maintain safe
working conditions relating to the health, welfare, and safety of the employee
and make a conscientious effort to maintain standards comparable with OSHA
standards.
1. Conditions
a. The University shall provide employees
with toilet facilities with locks, cool, clean drinking water and hot water
within reasonable access to the employee’s work area. (Reasonable shall mean within the building of
employment excluding trailers).
b. Every effort will be made to provide all
offices and work areas with natural or mechanical systems of ventilation.
c. If the temperature in any area is such
to negate the employee’s ability to function adequately, for a period of more
than ninety (90) consecutive minutes, the employee will be assigned to an area
for the remainder of the work day where the temperature is appropriate to
enable the employee to function adequately.
d. Every effort will be made to ensure that
parking areas will be lighted, and cleared of ice and snow during winter.
e. In the event of a bomb scare, the
building will be searched and declared safe by trained personnel before
employees are required to return to work.
f. The University will make every effort
to provide suitable space for an employee’s lounge in each office building. If
this is not possible, then a space in each building will be set aside for the
exclusive use of employees for coffee breaks and lunch. All buildings currently having an employees’
lounge which has been designated as such shall continue to provide a lounge
within the building.
g. In the event of a power outage that
exceeds ninety (90) consecutive minutes in an affected area, the employee will
have the option to:
1. Remain in the
affected area, or
2. Take leave
without pay for the remainder of work day, or
3. Take vacation or personal leave for the
remainder of the work day, or
4. Move to an
unaffected area.
B. University-wide Safety Committee
The State shall make every reasonable effort to provide
and maintain safe working conditions relating to the safety and health of
employees. The University will appoint a
representative to the University-wide Safety Committee.
A University-wide Safety Committee shall be appointed
composed of two (2) representatives selected by the Association and two (2)
representatives of the University appointed by the State. Said Committee shall appoint its own
chairperson and shall meet when it is determined by two (2) or more members
that such a meeting is warranted (not to exceed more than two (2) meetings per
month). The University-wide Safety Committee shall be responsible for the
securing, locating, and maintaining of a first aid kit for each work area
designated by the Committee, such material to be furnished by the State and the
University.
All safety and health problems shall first be discussed by
the employee and the University’s designee and the Association’s
representative. If they are unable to
resolve the matter, it shall be referred to the next University-wide safety
meeting, provided, however, that any situation that may place in jeopardy the
life, limb, or physical and/or mental health of an employee shall be
immediately resolved by the University’s designee, Association representative,
and a representative of the Physical Plant.
C. Miscellaneous Working Conditions
1. No employee shall be required to perform
personal services for supervisors such as serving coffee, shopping, etc.
2. The University Administration shares the
Association’s concern that work performed for personal gain not be conducted
during normal working hours or involve the use of University facilities. Members of the bargaining unit who question
the propriety of a specific work assignment may refer the question to the
appropriate department chair or manager for a decision. An appeal of that decision may be made to the
Vice-President of Business and Finance.
If the decision of the Vice-President is not acceptable, the decision
may be appealed to the Assistant Director (Employee Relations) of the Department
of Administration. The decision of the
Assistant Director will be final and binding.
3. Employees who are required to assume
additional responsibilities or perform work outside their classification shall
be requested to do so in writing and be entitled to appeal through the
Reclassification Appeals Procedure as provided for in this Agreement. If such written request is not made within
twenty-four (24) hours, the employee need not perform the additional
responsibilities.
4. Any employee whose salary is allocated
from “soft” funds, either directly or indirectly shall be entitled to all the
rights of the contract.
5. Employees will be informed of any change in
supervisors prior to the new supervisor being employed in the new position.
6. All employees will be provided with
identification cards by the University at no cost.
7. All privileges and benefits which employees
have hitherto enjoyed shall be maintained and continued by the State and
University for the term of this Agreement.
8. Any employee who believes she has been treated
unfairly as it applies to her working conditions, or that her working
conditions have been unfairly assigned, may have access to the Grievance
Procedure (Article XII).
9. a. Employees
not included in the recognized bargaining unit shall not perform work normally
assigned to employees in the bargaining unit to displace said employees except
in an emergency situation.
b. The long
standing practice of providing part-time employment as a University obligation
to needy and worthy students will continue. Students shall not be employed to perform
duties within the occupations represented by this bargaining unit for more than
20 hours per week per student except for vacation periods. Further, students
shall be defined as those individuals carrying at least nine (9) credit hours
per semester.
A. It is hereby agreed that there shall be four (4) basic work
weeks as follows:
1. A thirty-five (35) hour work week (five
consecutive days of seven consecutive hours), Monday through Friday, exclusive
of unpaid lunch periods.
2. A forty (40) hour work week (five
consecutive days of eight consecutive hours), Monday through Friday, exclusive
of unpaid lunch periods.
3. A non-standard work week of an average of
at least thirty-five (35) hours per week, exclusive of unpaid lunch periods.
4. Non-Standard, non-exempt work week: Employees so classified by the Personnel
Administrator who work more than forty (40) hours in a work week shall receive
overtime pay at time and one half for all hours worked in excess of forty (40)
hours. Employees so classified are
listed in Appendix A. The number of
hours in an employees’ regular work week will not be increased as a consequence
of this paragraph. Nothing in this
agreement shall be construed to change existing work weeks.
B. Variable Work Week
Where variations in regular employee work schedules of 35
or 40 hours per week are necessary or desired, they may be arranged in advance
with appropriate immediate supervisors upon consulting with the employees. If the affected employee does not agree with
the change, she may avail herself of her rights under the Grievance Procedure
(Article XII). An employee whose work
schedule requires her to work fourteen (14) or more hours of a thirty-five (35)
hour work week during the “evening tour of duty” or during the “night tour of
duty” shall be paid a shift differential for her entire (35) hour work
week. An employee whose work schedule
requires her to work sixteen (16) or more hours of a forty (40) hour work week
during the “evening tour of duty” or the “night tour of duty” shall be paid a
shift differential for her entire forty (40) hour work week.
C. A flex work week schedule shall be defined as a work week,
Sunday through Saturday, and shall consist of a total of thirty-five (35) hours
in those classes of positions where applicable, or a total of forty (40) hours
in those classes of positions where applicable, or an average of at least
thirty-five (35) hours in those classes of positions where applicable.
1. A flex work schedule shall only be
implemented at the sole discretion of the University. If the University decides to implement a flex
work week schedule in any area or department, it shall follow the following
procedure:
a. The University shall notify in writing
the Union President and all affected employees at least thirty (30) days prior
to the proposed date of implementation.
b. The University shall schedule a meeting
within ten (10) days of said written notice between the Union President, all
affected employees in the area or department, the employee’s supervisor(s), the
University Personnel Office, and the Labor Relations Administrator or his
designee.
c. A flex time work week will be implemented
in an affected area or department only with mutual agreement between the Union
President and the State. Should no
agreement be reached, the then existing work week shall be retained.
d. In the event that it is not necessary
for all employees in the affected area or department to work on a flex work
week schedule, it shall be offered to employees on the basis of primary
seniority.
e. Failure by the University to exercise
its discretion in Section C-1 above shall not be subject to the grievance
procedure.
D. 1. Those
classifications/job titles currently in the bargaining unit, employed in a
regular or variable thirty-five (35) hour work week, shall remain so employed.
2. Those classifications/job titles found
newly appropriate to this bargaining unit which were heretofore forty (40) hour
positions may be employed in a forty (40) hour week.
3. Those classifications/job titles found
newly appropriate to this bargaining unit which where heretofore non-standard
work week positions may be employed in a non-standard work week.
4. Any forty (40) hour classification/job
title which was paid above the thirty-five (35) hour pay scale shall continue
to be so compensated if placed in this bargaining unit.
E. All part-time employees in the bargaining unit employed in a
minimum of sixteen (16) hours per week shall be entitled to annual leave and/or
sick leave on a pro-rata basis. All
part-time employees in the bargaining unit employed a minimum of twenty (20) hours
per week shall be entitled to fringe benefits on a pro-rata basis.
F. Employees shall be granted a fifteen (15) minute coffee break
during the first half and the second half of their work day. All employees
shall be granted a meal period of not less than one-half (1/2) hour duration
nor more than one (1) hour duration during each work day. Employees may leave their place of employment
during the above-mentioned time periods.
G. Shift hours, upon being scheduled, will be posted.
H. When an employee is required in writing by the appointing
authority or her designee to work in a higher class of position for a period of
more than three (3) consecutive working days, such employee shall receive the
lowest salary rate of that higher class which will provide a pay increase of at
least one (1) step over her present assignment.
An employee may refuse such assignment if she does not receive such
written authorization.
I. Employees working sixteen (16) hours or more per week are
in the bargaining unit.[1]
A. Wages
Year 1, July, 2004 (beginning June 27, 2004) 1.5%.
(There shall
be a payment to all employees representing 3.5% of the overtime earnings of
each employee during the period June 27, 2004 through June 25, 2005.)
Year 1, July, 2005 (beginning June 25, 2005) 2.5%
(Based on wages as of June 26, 2004.)
Year 2, July, 2005 (beginning June 26, 2005) 4.0%
Year 3, July, 2006 (beginning June 25, 2006) 3.0%
Year 4, July, 2007
(beginning June 24, 2007) 3.0%
B. An employee appointed from an employment or promotional list
shall receive a one-step increase at the satisfactory completion of the
probationary period and shall receive an additional one-step increase each year
thereafter until she has reached the maximum of her grade.
C. Any employee who is appointed to a position in the bargaining
unit for which there is no list shall receive a one-step increase after six (6)
months of service and after each year of service thereafter in her
classification until she has reached the maximum step in her pay grade.
D. Each employee shall be granted longevity
increase according to the following formula:
YEARS
OF SERVICE PERCENTAGE
INCREASE
5 5%
of current salary
11 10%
of current salary
15 15%
of current salary
20 17.5%
of current salary
25 20%
of current salary
Each employee shall be granted longevity increases according
to the existing formula, computation of longevity shall begin however, with the
initial day of employment.
E. Each employee who has successfully completed a four-course
curriculum approved in advance by the Office of Training and Development, in
the Department of Administration, shall be entitled to a one-step increment
next above her current base step (or if the employee is at the maximum of the
grade, an increment equal in amount to the difference between the last step in
the pay range and that step immediately prior to it). If an employee moves into a higher
classification, she may take an additional four-course curriculum subject to
the above mentioned provisions contained herein. These incremental stipends shall be limited
to a maximum of two in two different classifications. Any employee whose position is reclassified
to a higher classification shall be eligible for only one four-course
curriculum increment. Employees pursuing
work related courses under these provisions may, subject to prior approval of
their supervisor/manager, attend such courses during their normal working hours
provided that the same course is not offered at a time the employee is not
normally at work. Approval will not be unreasonably denied.
1. Persons employed prior to July 1, 2001
shall remain covered by the existing provision of Article 8.E except that all
incentive courses must receive prior approval from the Office of Training and
Development in the Department of Administration.
2. Persons first employed on or after July 1,
2001 shall retain said increment for not more than four years; provided they
shall be eligible to earn additional increments, under the Incentive In-Service
Training Program, by commencing additional training three years or more after
final payment of the previously earned increment.
3. A person employed prior to July 1, 2001 may
become eligible for multiple increment payments under Paragraph 2 by submitting
to the Department of Administration’s Office of Training and Development a
written form giving up career increment retention under Paragraph 1.
F. Association of Clerical-Technicals/URI/NEA Classified Annual
Salary Ranges (attached at the end of the contract).
G. Classification Revision Committee
The State and the
A. During the term of this Agreement, any employee who believes
her responsibilities more closely resemble the job description of another
classified position rather than the one assigned; or any employee asked to
perform responsibilities out of classification, may appeal for reclassification
to that position in the following manner:
1. Make a request in writing for a desk audit
to the Personnel Office at the University.
The employee shall be furnished with a classification questionnaire
within five (5) working days of said request.
2. Within thirty (30) working days of receipt
of the completed questionnaire, the employee’s immediate supervisor and
appointing authority shall forward said questionnaire to the State Office of
Personnel Administration for study, and notify the employee and the Association
when submitted. Appropriate University
officials shall document whether the employee’s statements are true and
accurate, and whether they believe the employee is performing the work of a
different classification.
3. Within ninety (90) working days after
receipt of said questionnaire, the Office of personnel Administration shall
conduct a classification review and issue a written decision addressing the
merits of the employee’s claim and will set forth specific reasons for its
findings. A copy of this report will be
forwarded to the employee, the Association and the University.
4. If an employee is reallocated from a
standard to a non-standard job classification, any overtime earned during the
retroactive period shall be an overpayment to the employee subject to repayment
to the State. If the desk audit is
favorable to the employee, the employee will be upgraded in the higher
classification, and her pay shall be retroactive to the pay period closest to
the date upon which the appeal was filed provided that the employee is on the
certified list and is reachable if such list exists. For good cause, the University Personnel
Office may withhold implementation of a favorable desk audit if they believe
there is no continued need for the employee to perform the responsibilities for
which the position was upgraded. The
employee and the immediate supervisor will be informed in writing by the
University Personnel Office which tasks the employee need no longer perform.
This action must take place within 10 working days of receipt of the audit/review
by the Association.
5. If the classification questionnaire finds
that the employee is not performing the duties of the desired classification,
the employee may file an appeal pursuant to the provisions of the Merit System
Law.
6. If the appeal is granted, the employee will
be upgraded and paid in accordance with Section A.4 of this Article.
B. The Association may assist the appellant at any step of the
appeal.
C. Any appeal hearing conducted during the work day shall not
result in the loss of pay for any employee who has filed an appeal or for any
Association representatives assisting the appellant.
A. Overtime
1. It is agreed that when it becomes necessary
for the efficient conduct of the business of the State, an immediate supervisor
may direct or authorize overtime work.
Overtime work shall be a matter of record and distributed fairly and
equally among employees capable of performing the work, in their respective
department and class of position based on seniority. It is understood that an employee may decline
overtime if she has seniority within that classification over other members of
her department if other authorized personnel are available and willing to meet
the need of management.
2. Overtime shall be defined as the required
performance of work within the employee’s classification in excess of the
established work week.
3. Time and one-half shall be paid for work
performed in excess of the established work week. However, in any event, an employee may elect
to take compensatory time in lieu of cash, with the approval of the Supervisor.
4. Whenever an employee is required to work on
a holiday which falls on her regularly scheduled work day, she will be credited
with the number of hours in her official schedule for that day plus the number
of hours actually worked at the rate of time and one-half.
5. Overtime work is to be made a matter of
record and distributed fairly and equitable among employees capable of
performing the work in their respective classification.
6. A record of overtime work will be furnished
the Association at the close of each pay period following a request from the
7. In the event that the Association has reason
to believe that overtime is being unfairly and inequitably distributed within
the bargaining unit, the Association may, upon request with reasonable notice,
inspect records of overtime. Upon
finding such inequities in granting overtime, the Association will file a group
grievance.
8. If the Association finds repeated overtime
by the same individuals is warranted and justified, the
9. Hours credited for holidays, vacation, and
compensable injury, shall be considered as time worked for the purpose of
computing overtime. Where the employee’s
work record gives evidence of abuse of sick leave, their manager may deny
application of hours credit for sick leave for the purpose of computing
overtime. It is understood that any
denial will be for good and just cause and subject to the grievance procedure
of this Contract.
10. Any employee may elect to accumulate
compensatory time in lieu of paid overtime, at the overtime rate subject to the
provisions of R.I.G.L. 36-4-63 when she/he is required by her/his supervisor to
work in excess of the established work week for her/his classification in
accordance with the following procedure:
a. All compensatory time accruals and
discharges must be reported on the University bi-weekly attendance reports. An
employee electing compensatory time in lieu of paid overtime must complete a
form signed by the employee and the supervisor and submit it to the payroll
office prior to the accumulation and/or discharge of the compensatory time.
Elections must conform to pay periods.
b. Any employee will be allowed to
accumulate up to a maximum of one hundred forty (140) hours of compensatory
time during any calendar year (January-December). Once an employee reaches an
accumulation of one hundred forty (140) hours she/he will be prohibited from
accumulating any additional compensatory time until the balance falls below the
maximum.
c. No compensatory time shall be carried
over from one calendar year to another. All compensatory time balances occurred
through pay period fourteen (14) will be paid on the second pay period of the
new year.
d. Any employee must have advanced
approval from her/his supervisor prior to discharging accrued compensatory
time. Supervisor may require the discharge of compensatory time during specific
periods, but such mandated discharge shall not be unreasonable.
B. Shift Differential
1. The evening tour of duty shall mean the
shift commencing at 3:00 p.m. and ending at 11:00 p.m. or commencing at 4:00
p.m. and ending at 12:00 midnight. The
night tour of duty shall mean the shift commencing at 11:00 p.m. and ending at
7:00 a.m. or commencing at 12:00 midnight and ending at 8:00 a.m.
2. Personnel permanently assigned to the
evening or night tour of duty shall receive a shift differential pay of fifty
($.50) cents per hour. Shift
differential shall be increased by five (5) cents per hour effective the first
pay period in February 2001 with additional five (5) cent increase effective
the first pay period in July, 2002 and July, 2003.
C. Call-In Time
1. It is agreed that when an employee is called
to work a shift other than her own, she will be permitted to complete the shift
period unless she is informed prior to the beginning of the shift that she is
only needed for a stated number of hours.
2. Employees who are called in to report for
emergency work after having left their place of employment and outside their
regular scheduled work hours shall receive not less than four (4) hour pay at
their overtime rate.
Seniority, Promotions, Transfers, Layoffs,
Limited Positions and/or Appointments,
Reorganizations, and Reassignments
A. Seniority
1. It is hereby agreed that the parties hereto
recognize seniority within a class of position in all cases of shift
preference, transfer, days off, vacation time, holiday time, layoffs, and
recalls. Promotions shall be based on
seniority in accordance with the procedure set forth in Section B., Promotions.
2. Primary Seniority - Length of service in
current class of position within the bargaining unit, in State classified
service, computed from the date that employment commenced in the current class
of position within the bargaining unit (as per Sections 5 and 6 below).
3. Secondary Seniority - Length of service in
previously held class of position within the bargaining unit, in State
classified service, in which the employee held permanent status, computed from
the date employment commenced in said class of position within the bargaining
unit. For purposes of layoff, secondary,
and primary seniority shall be added together to determine years of service (as
per Sections 5 and 6 below).
4. State Seniority - Total length of State
service (Base entry date).
5. a. Seniority
shall only be broken for resignation, retirement, discharge for good and just
cause, exceeding an unauthorized leave of absence, failure to return for recall
pursuant to Section D-3 of this Article, or when an employee is separated from
State classified service for more than three (3) consecutive years.
b. Prior to October 1, 1981, seniority shall
only be broken for discharge for good and just cause, or when an employee is
separated from State classified service for more than three (3) consecutive
years. Seniority shall not continue to
accrue during periods of resignation or retirement which occurred prior to
October 1, 1981.
6. a. Seniority
shall continue to accrue during all periods of active employment and authorized
leaves of absence, except leaves to protect status.
b. Seniority shall not continue to accrue
during periods of layoffs, nor shall it be broken.
7. Bargaining unit seniority in State classified
service, regardless of class of positions, within and area/department shall be
used to resolve any conflicts due to days off, vacation time, holiday time,
leaves of absence.
When a department is composed of a number of small area
(1 person offices), the Dean or Director shall resolve the above-stated
conflicts based upon #7.
An area shall be defined as a unit headed by a
chairperson or equivalent supervisory position.
A department shall be defined as a unit headed by a Dean
or Director. (Neither the State or University shall be required to compile a
seniority list for Area/Department Seniority).
B. Promotions
1. The implementation of A.1 regarding
promotions shall be in accordance with the following procedure:
2. All new and vacant positions, including
promotional position to which recruitment is to be initiated, shall be posted
on bulletin boards in all work areas within the bargaining unit for a period of
seven (7) calendar days and notice of vacancies shall be sent to the Association
at the time of posting. Employees applying for such promotional vacancies shall
make a request in writing to the Personnel Officer or appropriate
administrative officer of the department or division where the vacancy exists
not later than three (3) days after the posting period has ended. A copy of such request must be sent to the
Union office.
3. The Association and Administration agree
that in the best interest of both parties, active attempts to promote from
within the bargaining unit should be made.
The resultant benefits in terms of productivity and employee morale are
self-evident.
a. When there are six (6) or more
bargaining unit members on the certified promotional list, the vacancy shall be
filled from within the bargaining unit.
Where there are less than six (6) employees from within the bargaining
unit covered by the contract on the certified promotional list, every effort
will be made to promote from within the bargaining unit. However, selection shall be made from among
the six.
b. Promotional vacancies shall be filled
from within the bargaining unit wherein the vacancy exists from the top three
(3) state seniority employees in the bargaining unit on the certified
promotional list.
c. Where there are less than three (3)
eligible employees from within the bargaining unit covered by the contract on
the certified promotional list, every effort will be made to promote from
within the bargaining unit.
d. Where no list exists for certification,
the vacancy will be filled from within the bargaining unit provided an employee
is qualified.
4. A letter of acknowledgement shall be
forwarded to the member of the bargaining unit upon receipt of a request for
reassignment, transfer, and/or a new position.
5. Any employee who applied for promotional
positions shall be informed of the disposition of her application in writing,
and shall be entitled to reasons why she was not chosen.
C. Transfers
1. Employees may bid for vacant positions of a
similar classification title within the bargaining unit on the basis of primary
seniority. An employee so transferred
shall not be eligible to again be so transferred until one month has expired
from the date of the latest transfer.
The limitation of one (1) month, however, shall not apply to employees
in classifications that may be required to work a schedule other than the
normal Monday through Friday.
2. Employees performing work in the bargaining
unit shall not be required to perform work in any agency outside of their
classification except in an emergency.
3. In the event of an involuntary transfer, the
most junior employee in the bargaining unit within the appropriate
classification and in the affected area or department will be transferred to a
position occupied by the most junior employee within the bargaining unit in the
appropriate classification. The president of the Association will be notified
of all involuntary transfers.
D. Layoffs
1. Layoff shall be defined as any separation of
a member of the bargaining unit from employment for any reason other than
discharge for good and just cause, or the expiration of a limited position
and/or appointment pursuant to Section E-7 of this Article.
2. In the event of layoff in a class of position
within an affected area or department employee(s) and the Union President shall
be notified in writing of layoff.
Employees shall be laid off in the following order based upon primary
seniority regardless of full or part-time status:
1. Those with
temporary status
2. Those with
provisional status
3. Those with
probationary status
4. Those with
permanent status
5. Those with
statutory status
Three (3) weeks notice of layoff shall be given to the
employee so affected and to the Association President.
a. An employee so notified of layoff shall
have the right to displace the most junior employee in the bargaining unit in
the same class of position, based upon greater primary seniority.
b. Provided further, that any employee in
1, 2, 3, 4, or 5, above who had been previously permanent in a next lower class
of position shall have the right to displace the most junior employee in the
bargaining unit in such next lower class of position based upon greater
secondary seniority.
c. An employee may exercise her secondary
seniority within the bargaining unit in a position in which she held permanent
status, and in which she has greater secondary seniority.
d. If the employee is unable to exercise
her primary or secondary seniority advantageously, she may exercise her State
seniority for any position in the bargaining unit for which she is eligible,
that is, for which a list exists, or in which she can perform, if no list
exists for the position.
e. In the application of b and c above, the
State will attempt to waive or modify any law or regulation which would in any
way deny preferred treatment for the employee to qualify for the positions
which she can perform.
f. Part-time employees may only exert seniority rights over
other part-time employees. However, any
part-time employee who exercises said seniority rights shall not have their
hours and/or benefits changed as a result.
g. Full-time employees may only exert
seniority rights over other full-time employees.
3. a. Prior to any bumping
process pursuant to Section 1 and 2 above, the State will place an affected
employee in an available existing vacant comparable position within the
bargaining unit. Comparable shall be
defined as:
1. Within the same classification;
2. Having same hours (full time to full
time; part time to part time)
3. Within the same geographic area (
b. An employee who was in a permanent
position, and is placed into a limited position and/or appointment pursuant to
this Section, shall retain all seniority and bumping rights provided in this
Article, upon the expiration of limited position and/or appointment.
4. Recall of any employee who has been laid off
shall be in the reverse order of the procedure as stated above for layoffs. Any
person who has held permanent status and who has been laid off shall have her
name placed on the preferred re-employment list for this bargaining unit. No appointment may be made to any position
covered by the agreement in a class affected by a layoff while an employee who
has been laid off is available for certification from a re-employment list.
Employees with permanent status affected by a layoff action will be
placed on a preferred re-employment list and shall be recalled in order of
seniority as described above. Employees
who refuse recall from the preferred list to a permanent position shall waive
all recall rights provided herein and shall be placed on the appropriate
re-employment list. A permanent employee
who is recalled to a limited position and/or appointment shall have their name
retained on the preferred re-employment list for recall to a permanent
position. A permanent employee may not
refuse recall to a limited position and/or appointment. An employee who held a permanent position at
the time of layoff, and is recalled to a limited position and/or appointment,
shall retain all seniority and bumping rights provided in this Article, upon
the expiration of the limited position and/or appointment.
A full-time employee does not waive recall for refusing a part-time
position. A part-time employee does not
waive recall for refusing a full-time position.
5. Any involuntary transfer which results from
the implementation of this Section will be done in accordance with Section C-3
of this Article.
6. Recall notices shall be sent by certified
mail, return receipt requested.
7. Unpaid sick leave and personal leave
accruals will be frozen for three (3) years from date of layoff.
E. Limited Positions and/or Appointments.
1. Limited positions and/or appointments shall
be defined as those with a known termination date.
2. An employee filling a limited position
and/or appointment of six (6) months (i.e. thirteen (13) bi-weekly pay periods)
or more shall receive all rights and benefits of this Agreement except as
defined in Section 8 below.
3. An employee filling a limited position that
was established for six (6) months or more shall receive all rights and
benefits of the agreement even if his/her appointment is for less than six
months.
4. An employee filling a limited appointment of
less than (6) six months to a permanent position shall receive all rights and
benefits of the contract.
5. If the status of a limited position and/or
appointment changes to that of a regular position, it shall be posted pursuant
to Article XI-B.
6. All limited positions and/or appointments
which are continued or extended beyond their initial termination date shall not
be posted unless the initial position and/or appointment was for less than six
(6) months and/or the status (i.e. limited to permanent) of the position
changes.
7. An employee hired prior to October 1, 1981,
in a limited position and/or appointment may, upon the expiration of the
existing and/or subsequent limited positions and/or appointments, exercise
rights pursuant to Section D of this Article.
8. An employee either hired or who voluntarily
laterally transferred into a limited position and/or appointment on or after
October 1, 1981, shall not, upon the expiration of the limited position and/or
appointment, have the right to exercise bumping rights pursuant to Section D of
this Article. Said employee shall receive benefits pursuant to Article XIII A-8.
9. An employee hired on or before December 1,
1982, and who accepts a promotion into a limited position and/or appointment,
and who held permanent status in a lower class of position, shall be placed on
leave to protect status for the first six (6) months. After the six (6) months, and when the
employee completes satisfactorily the probationary period, the employee will be
entitled to exert seniority rights at the end of the limited appointments in
accordance with Article XI.
10. An employee hired after December 1, 1982, and
who accepts promotion into a limited position and/or appointment shall not,
upon the expiration of the limited position and/or appointment, have the right
to exercise bumping rights pursuant to Section D of this Article. Said employee shall receive benefits pursuant
to Article XIII A-8.
F. Reorganization
1. A reorganization shall be defined as: when a
position(s) currently held by a member (s) of the bargaining unit on the
University position control list for a division is moved between departments,
or between divisions.
2. It is a reassignment to move positions
within a department.
3. Definitions:
a. Division - a unit headed by a Vice-President
b. Department - a unit headed by a Dean or Director
c. Area
- a unit headed by a chairperson, or equivalent supervisory position.
4. The Union President will be notified by the
Assistant Vice President for Personnel, or his designee, of a reorganization
prior to sending written notices to the affected employees. Such written notices shall be sent to the
affected employees at least 30 calendar days prior to the effective date of the
reorganization, with copies sent to the Union President.
5. Employees notified of reorganization shall
have the right to either accept the reorganization or to be assigned to the
position held by the most junior employee, based upon primary seniority, in the
affected class of position within the Department or Division. The most junior employee shall then be moved.
G. Reassignment
1. A reassignment shall be defined as: when a
position currently held by a member of the bargaining unit on the University
position control list is moved within a Department, from one area to another.
2. Employees notified of reassignment shall
have the right to either accept the reassignment or to be assigned to the
position held by the most junior employee, based upon primary seniority, within
the affected class of position, within the Department. The most junior employee shall then be
reassigned.
3. The Union President will be notified by the
Assistant Vice President for Personnel, or his designee, of a reassignment
prior to sending written notices to the affected employee(s). Such written notice(s) shall be sent to the
affected employees at least two (2) weeks prior to the effective date of the
reassignment, with copies sent to the Union President.
H. Transfer in Emergency Situations
1. In the event of an emergency situation -
defined as thirty (30) calendar days and shall not reoccur - the University may
transfer any member of the bargaining unit within the Department to staff a
vacant position for the emergency situation, except when Section E. applies.
a. In the event the emergency situation
cannot be staffed within the Department, the University may transfer the least
senior employee in the appropriate classification within the division, except
when Section E. applies.
b. Such transfers shall require forty-eight
(48) hours notice in writing to the affected employee and the Union President prior
to the effective date of transfer.
c. In unusual circumstances which may
require more than thirty (30) days or less than forty-eight (48) hours notice,
the Union President and the Assistant Vice President for Personnel shall meet
to mutually agree to any exceptions to the above.
d. The Union President and the Assistant
Vice President for Personnel or his designee shall meet prior to implementation
to discuss the changes.
e. Any employee transferred pursuant to this
Section shall not be subject to another transfer in emergency situations for a
period of at least twelve (12) months from the beginning date of the last
transfer.
f. An employee transferred to a vacant
position which is a different class of position then the one the employee
holds, shall not be required to perform work outside of their class of
position, unless authorized in writing pursuant to Article VII H.
g. For a transfer in emergency situations
to other than a vacant position, mutual agreement between the Union President
and the Assistant Vice-President for Personnel or his designee shall be
required.
I. Departmental Mergers
In the event two (2) or more departments (defined as a
Unit headed by a Dean or Director) merge into one department the following
shall occur:
1. The Union President and bargaining unit
members affected will be notified by the Director of Human Resources of said
merger at least thirty (30) calendar days, whenever practicable, prior to the
effective date of the merger.
2. The Union President and the Director of
Human Resources will meet to discuss the impact of said merger upon bargaining
unit members assigned to the affected departments.
3. Supervisors of the affected departments
shall meet with all bargaining unit members prior to any merger to establish
work assignments, responsibilities, and any other issues directly affecting
said employees, i.e., vacations, seniority, etc. Affected members will not be
assigned nor required to work out of their job classifications when said merger
takes place.
A. For the purpose of this Agreement, the term “grievance” means
any difference or dispute between the State and the Association or between the State
and any employee with respect to the interpretation, application, or violation
of any of the provisions of this Agreement.
B. There shall be a grievance procedure as follows:
1. A grievance shall be presented by the
aggrieved to her immediate supervisor outside the bargaining unit within
fifteen (15) working days after the employee knew or “should have known” of the
act, event, and/or commencement of the condition which is the basis of the
grievance. The Supervisor shall meet
with the grievant and attempt to settle the grievance within one (1) working
day of its receipt.
2. If the grievance is not resolved, or if a
decision is not rendered within one (1) day as prescribed in Step 1, it shall
be reduced to writing within five (5) working days after receipt of the
immediate supervisor’s decision and submitted to the appropriate Dean or Vice
President who shall grant a hearing to the aggrieved within three (3) working
days of the receipt of the written grievance.
A written decision shall be rendered within three (3) working days of
the conclusion of the hearing.
3. If the grievance is not resolved in Step 2,
it shall be submitted within five (5) working days of receipt of the Dean or
Vice-President’s decision to the President or his designee who shall grant a
hearing to the aggrieved within five (5) working days of the receipt of the
written grievance. A written decision
shall be rendered within three (3) working days of the conclusion of the
hearing.
4. If the grievance is not resolved in Step 3,
it shall be submitted to the designee of the Director of the Department of
Administration within five (5) working days of the Step 3 decision. Within fourteen (14) days of the submission
of the grievance, the Director’s designee shall conduct a hearing on the
grievance and submit a written decision within fourteen (14) days of the
hearing.
C.
Arbitration
1. If a grievance is not settled under Section XII.B.4 above,
such grievance shall at the request of the Association, be referred to the American
Arbitration Association in accordance with its rules.
2. The decision of the arbitrator shall be final and binding
upon the parties. The expense of the
arbitration shall be borne equally by the parties.
3. Only grievances arising out of the provisions of this
contract, relating to the application or interpretation of violation thereof,
may be submitted to arbitration. All
submissions to arbitration must be made within thirty (30) days after a
decision is rendered under Section XII.B.4 above.
4. All matters concerning changes in wage schedules, monetary
fringe benefits, or any other matters requiring the appropriation of money
shall not become a subject for arbitration.
It is understood that this section shall not be applied to any
obligation arising under this Agreement.
D. The time limits specified herein shall be regarded as
maximums, and every effort shall be made to expedite the processing of
grievances provided, however, that the parties may by mutual agreement extend
any time limitation specified herein. A
grievance shall automatically proceed to the next step of the grievance
procedure if within the time limits specified herein, a decision has not been
rendered.
E. Either party to this Agreement shall be permitted to call witnesses
as part of the grievance procedure. The
University, on request, will produce relevant payroll and other relevant
records, as necessary. Employee witnesses who are State employees and the
grievant will receive their regular rate of pay for time spent processing
grievances during the employee’s normal work schedule.
F. Further, in a group grievance only 1 of the grievant and the
appropriate employee representative shall be in pay status as spokesman for the
group. Group grievances are defined as,
and limited to, those grievances which cover more than 1 employee within a
bargaining unit and which involve like circumstances and facts for the
grievance involved. The Association
representative will have the right to assist the aggrieved at any step of the
grievance procedure. Nothing contained
herein deprives an individual employee of the right to process her grievance
without Association representation, provided the union delegates that authority
and provides the State with documentation of said delegation. Group grievances will begin at the
President’s level (B.3.).
G. It is also agreed that in all cases of dismissal or grievances
involving more than one employee, the aggrieved or the Association may go
immediately to level 3 of the grievance procedure.
H. Decisions rendered shall be forwarded to the Association
Grievance Chairperson and to the aggrieved employee.
I. For purposes of this Article, the following definitions
shall apply:
1. “within a working day” shall mean prior to
the end of the shift on the working day following receipt of the grievance, and
shall be exclusive of weekends, vacation, and holidays.
2. “aggrieved” shall mean either the employee
and/or the Association.
3. “the State,” the Board,” and “the
University” shall mean the employer.
J. A civil service employee may process her grievance through
either the civil appeal procedure or the grievance procedure. The pendency or granting of a hearing before
the Personnel Appeal Board shall be deemed a waiver of the employee’s rights to
proceed to utilize the grievance procedure as provided in the proposed
contract. However, in the event the
Personnel Appeal Board refuses to hear an employee’s appeal on the merits, then
said employee shall have two (2) weeks after such denial within which the
grievance procedure may be utilized.
A. The
State will maintain the current health benefits through June 30, 2008, through
a product provided by Blue Cross, United Health Care, or a substantially
equivalent package of benefits delivered through a PPO, except as modified as
set forth herein.
B. The parties shall consider modest health care plan design changes, to be effective July 1, 2006, that will provide additional savings in the overall cost of the premium which would allocate slightly more costs to the direct users, which at a minimum shall implement increases in Emergency Room co-pays from $25.00 to $30.00 and Urgicare co-pays from $10.00 to $15.00.
C Effective June 26, 2005, employees shall contribute toward the cost of health care coverage which includes medical, dental and vision coverage in the amount equal to 2.5% of base wages and 0.5% of other wages. Said amounts shall be via payroll deductions.
D. Employee contributions, for employees who opt out of health care coverage but retain or choose vision/optical care and/or the dental program, shall be calculated based on the cost of the benefits elected relative to the total cost of healthcare, vision/optical, and dental program combined.
E. The employee waiver will be increased from $1,300 to $2,002 effective January 1, 2002.
F. Employee Drug Co-Pay - The employee drug co-pay shall be as follows:
Generic Formulary Non-formulary
$5.00 $12.00 $30.00
The State will explore the feasibility of offering a drug mail order program which will be less expensive for both the State and the employees.
G. The State agrees to pay the entire cost of providing a dental
plan for employees and eligible dependents equivalent to Delta Dental Level I,
II, and effective July 1990, Delta Dental Level IV. The maximum calendar year benefit for the
program is $850 per year per subscriber.
Dental Program:
Coverage shall be $1,200 under the dental program to be effective upon
the expiration of the current dental program.
The State agrees to continue to pay it’s share of the
cost of health care benefits for all employees covered by this Agreement for a period
of three (3) months for employees who are laid off.
H. Tax Annuity
Full time employees within this bargaining unit are
permitted to request that a portion of their salary be allocated for the
purchase of annuities, subject to rules and regulations of the State of
I. Group Life Insurance
1. It is agreed that all employees shall be
eligible to participate in the State Employee’s Group Life Insurance Program,
as established by 36-12-6 of the General Laws of 1956, as amended.
2. The following provisions of the insurance
program are set forth herein:
a. Each new employee will be automatically
covered unless such employee designates in writing that she desires not to be
insured.
b. Each covered employee will be provided
with an amount of group life insurance equal to the amount of her annual
compensation taken to the next higher multiple of one thousand ($1,000) dollars
plus an equal amount of group accidental death insurance with dismemberment
coverage.
c. Each such amounts of insurance will be
reduced by one percent (1%) thereof at the end of each calendar month following
the date the employee attains the age of sixty-five (65) years until the amount
of such insurance reaches twenty-five percent of the coverage in force
immediately prior to the employee’s sixty-fifth (65) birthday.
J. Holidays
1. The following shall constitute the official
holidays:
New Year’s Day
Martin Luther King Day Memorial Day
Independence Day
Victory Day
Labor Day
Columbus Day
Veteran’s
Day
Thanksgiving
Day
Christmas
Day
Any day which a general election of State officers is held,
as Election Day
Any day which the Governor may appoint as a holiday
Any day which shall hereafter
be appointed as a holiday by the General Assembly
2. If a holiday falls on a regularly scheduled
work day, the employee shall be entitled to the day off and shall be credited
with the number of hours in her official work schedule for that day.
3. Whenever an employee is required to work on
a holiday which falls on her regularly scheduled work day, she shall be
credited with the number of hours in her official work schedule for that day
plus the number of hours actually worked. The hours actually worked shall be
compensated at the rate of time and one-half.
4. If a holiday falls on one of an employee’s
regularly scheduled days off she shall be credited with the number of hours for
one day in her official work schedule.
The hours so credited for this day shall not be used in the computation
of overtime.
5. Whenever an employee is required to work on
a holiday which falls on one of her scheduled days off, she shall be credited
with the number of hours for one day in her official work schedule plus the
number of hours actually worked. The
hours actually worked shall be compensated at the rate of time and one-half.
6. If a holiday falls on a regularly scheduled
work day within an employee’s vacation period, the employer shall not be
charged annual leave for her absence on that date.
7. Weekend holidays will be celebrated in
accordance with R.I. Gen. Laws 25-1-1.
8. When a non-standard employee is required to
work on a holiday which falls on her regularly scheduled work day, she shall be
compensated for an additional seven (7) hours at her base pay rate.
9. Employees are guaranteed the same number of
days off with pay as are listed herein even if the legislature removes any
holidays. Any days removed as holidays
and not replaced will be treated as additional personal days.
K. Retirement
It is agreed by the parties hereto that all employees covered
by this Agreement shall be the recipients and beneficiaries of all retirement
benefits contained in the General Laws of the State of Rhode Island as amended
from time to time, as well as of any rules and regulations or determinations
made by the State Retirement Board as set forth in Title 36, Chapter 8, of the
General Laws of the State of Rhode Island as it pertains to said Board’s
establishment of rules and regulations for the administration and transaction
of the business of the retirement system.
L. Vacations
1. No employee shall receive any vacation until
such employee has completed thirteen (13) bi-weekly pay periods, but vacation credits
shall accrue during such time.
2.
On January 1st of each
year, employees shall be credited with certain vacation days in accordance with
Schedule A and B below. Said days shall
not be subject to accrual and shall be designated as “Up Front Days.” The balance of an employee’s vacation
entitlement shall be subject to accrual in accordance with the following
schedule. All vacation days subject to
accrual shall be accrued according to the following formula:
SCHEDULE
A
Days Subject
Years
of Service Up
Front Days to Accrual Total
a. At least 6 mos. but
2 8 10
not more than 5
years
b. At least 5 years
but 2 13 15
not more than 10
years
c. At least 10 years
but 5 13 18
not more than 15
years
d. At least 15 years
but 5 15 20
not more than 20
years
e. At least 20 years
but 10 16 26
not more than 25
years
f. Twenty-five years
or 10 18 28
more
SCHEDULE
OF ACCRUAL
Days Subject to Accrual Rate
8 .0308
13 .0500
15 .0577
16 .0615
18 .0692
“Up Front Days” shall be indicated on the employee’s time
card as well as on the Accrued Hours Quarterly Statement. The employee’s balance of vacation
entitlement shall be indicated by a separate entry on the Accrued Hours
Quarterly Statement.
When an employee reaches the required number of years of
service which would increase his/her vacation entitlement, the State agrees to
add without regard to accrual the additional up-front days on account of the
increase in vacation entitlement. For example: An employee who reaches 20 years
of service on September 1st would have five (5) additional vacation days added
to his/her total of earned vacation credits.
The balance of any increase shall be subject to accrual.
3. When the service of an employee shall be terminated
by resignation, death, dismissal, or otherwise, if such employee shall not have
used actual vacation time equal to her vacation credits, such employee or her
estate shall on such termination be entitled to receive full pay for each hour
of vacation to her credit as of the date of termination.
4. Vacation leave assignments shall be made in
a fair and equitable manner.
5. Each employee shall be allowed to take at
least two–(2) consecutive weeks of vacation at some time during the calendar
year.
6. Should a question arise between the
employees as to when their vacation will be taken, the senior employee shall
have preference.
7. Employees may carry over from one year to another
year up to two (2) years accrual of annual leave, provided the carry over in
excess of vacation time accrued and credited for one (1) year shall be
discharged by December 1st of the subsequent year.
M. Employees who are authorized to travel on State business shall
be compensated for mileage. Mileage will
be paid at the rate set by the Federal General Services Administration. The rate shall be adjusted on July 1 and January
1 of each year.
The President of the University agrees to continue the
committee composed of all segments of the University dealing with a day care
center at the University for employees.
At least 50% of the committee will be women.
A. The State shall continue to provide work for employees in the
bargaining units, and shall avoid insofar as is practicable the sub-contracting
of work performed by employees in the bargaining unit, on the date of this Agreement,
provided however:
B. The State agrees that upon considering sub-contracting of any
work presently performed by an employee which would have an adverse effect upon
job security, wage rate, or classification status of any employee in the
bargaining unit, it shall:
1. Notify the Union’s Executive Director in
writing of its intention six (6) months in advance the sub-contracting and;
2. Meet with the Union prior to receiving bids
or letting contracts for the purpose of discussing the problem during which
discussions the Union will be granted reasonable requested opportunities to
meet with the Director of Administration or other appropriate State officials
to discuss a desirability of sub-contracting and to develop and establish a
mutually acceptable plan for protecting adversely affected employees.
The State’s assurances
in the development of such plan would be to:
a. Place employees affected by the
sub-contracting into available jobs which they can perform;
b. Place employees laid off on a preferred
hiring list for recall;
c. Prohibit the hiring of any new
employees to positions which the affected employees could perform;
d. Attempt to waive or modify any law or
regulations which would in any way deny preferred treatment of affected
employees. In the event that such
mutually acceptable plan is not resolved, either party may request the Federal
Mediation and Conciliation Service to attempt to resolve the dispute. If such efforts do not provide a mutually acceptable
plan, the FMCS shall recommend steps to be taken by the parties, but in any
event employees adversely affected by sub-contracting shall be enabled to
utilize the seniority rights as established in this Agreement.
A. Jury Leave
1. Every employee covered by this Agreement who
is ordered by appropriate authority to report to jury duty shall be granted a
leave of absence from her regular duties during the actual period of such jury
duty and shall receive for such period of jury duty her regular pay or her jury
duty pay, whichever is greater.
2. Every employee covered by this Agreement who
is subpoenaed to appear in court on State business on a day off or during
vacation shall be compensated for the time expended.
Any employee who expends time in accordance with this section shall
be paid at the rate of time and one-half.
A minimum of four (4) hours shall be allocated to each employee,
regardless of the time expended less than four (4) hours.
1.
Every employee covered
by this agreement who has left or shall leave their position by reason of
entering the armed forces of the United States (whether through membership in
the Reserve of the United States Military or Naval Forces or in the Rhode
Island National Guard or Naval Reserve, or by reason of enlistment, induction,
commission, or otherwise) and who has been employed for one hundred-eighty
(180) or more calendar days within the twelve (12) months next proceeding such
entrance into the armed forces is entitled to and is hereby granted military
leave of absence from said position for said purpose and continuing throughout
the duration of said absence required by the continuance of service in the
armed forces. Such leave of absence
shall be deemed to have expired six (6) months after the date of discharge from
or authorized separation from active duty as a member of the armed forces. Re-enlistment or other continued service in
the armed forces resulting from a choice by the employee shall serve to cancel
such leave.
2.
For the first sixty (60)
calendar days of such absence, every such employee shall be paid by the State
the same amount, as they would have received had they not been absent from
their position.
3.
New employees hired
after 7/1/86 shall receive benefits contained under this section as
follows: For the first sixty (60) days
of such absence every such employee shall receive the difference between their
state salary and their military base pay.
In no case shall such employee receive more than the amount they would
have received had the employee not been absent from their position. No employee shall be allowed to receive pay
more than once under this Article for Military Leave for training purposes in a
three (3) year period. (Military leave
modifications for existing employees shall be deferred for reopener
negotiations).
4.
During that part of the
period of leave described above for which the employee shall receive their salary,
they also accrue such sick leave and annual leave credits as they would have
accrued while working in said position during such period of sixty (60) days.
5.
Employees on military
leave shall be granted yearly salary increases and longevity increases when due
in accordance with the conditions of eligibility outlined in these regulations.
6.
At the conclusion of
such military leave of absence, the employee shall be returned to their position,
subject, however, to any law or rule, which may hereafter be enacted affecting
such right of return or defining the conditions under which such returns may be
made. At the conclusion of each calendar
year during such absence, annual leave and sick leave accumulations shall be
carried over to the credit of the employee.
1. Employees covered by this Agreement, who by
reason of membership in the United States Military, Naval or Air Reserve, or
the Rhode Island National Guard or Naval Reserve are required by the
appropriate authorities to participate in training activities or in active duty
as a part of the State military force or special duty as a part of the Federal
military force, shall be granted military training leave with pay not to exceed
fifteen (15) working days in any one calendar year. Should the employee be required to
participate in such training activities for a period greater than fifteen (15)
working days, she shall be granted a leave without pay for this purpose.
2. During the period of military training leave
with pay, the employee shall accrue sick and vacation leave credits.
3. Such training activities as defined in this section
shall not include weekly drill nights or similar drill periods lasting less
than one day or training periods voluntarily engaged in by the employee beyond
the training period required generally of the members of the respective armed
services.
D. Leave for Personal Reasons
1. It is agreed that, upon written application,
an employee with permanent status may be granted a leave without pay, not to
exceed six (6) months, subject to renewal, for reasons of personal illness,
disability, educational improvement, child care, serious illness of a member of
the family, settlement of estate, extended trip, or other purpose deemed proper
and approved by the appointing authority and the Personnel Administrator. Approval of such leaves shall not be
unreasonably withheld.
2. At the expiration of such leave, the
employee shall be returned to the position from which she is on leave at the
same step of the then current range of her class of position.
3. Employees granted leave for personal reasons
shall receive health benefits paid by the University in accordance with the
existing payroll manual regulations that are in effect when the employee is
granted leave.
E. Any employee in the bargaining unit with permanent status who
accepts another position of a different classification in the classified
service, shall be granted automatically a leave of absence of six (6) months to
protect his/her status in the former classification. At the expiration of such leave, the employee
shall be entitled to be restored to the former classification from which he/she
was transferred even though it should be necessary to lay off the most junior
employee if no vacant comparable position exists in the affected
classification, within the bargaining unit.
1. A pregnant employee so certified by her
physician shall be entitled to use accrued sick leave for any time she is
unable to work, for medical reasons.
a. At the expiration of maternity leave,
the employee shall be returned to the position from which she is on leave at
the same step of the then current range for her class of position.
b. It is agreed that, pregnant employees
who have exhausted their sick leave accruals, or who decline to utilize their
sick leave, shall be granted a maternity leave without pay. A pregnant employee shall submit written
notification to the University of the anticipated duration of the maternity
leave at least two (2) weeks in advance, if possible, of the commencement of
the leave period. Leave shall be granted
for a period of not more than 12 months and may be extended by mutual consent
and an early return by the employee may be made upon written notice of thirty
(30) days to the University. Employees
granted leave for personal reasons shall receive health benefits paid by the
University in accordance with the existing payroll manual regulations that are
in effect when the employee is granted leave.
Health benefits to continue up to one (1) year paid by URI.
c. Paternity leave of up to five (5) days
may be charged to sick leave.
d. It is agreed that, upon written
application, an employee may be granted a leave of absence without pay, but
with paid health benefits for the purposes of adopting a child in accordance
with the following schedule:
1. Children from birth to six (6) years -
up to one (1) year
2. Children from six (6) years to sixteen
(16) years - up to thirteen weeks.
B. Bereavement and Funeral Leave
In the event of death in the employee’s family, the employee
shall be entitled to absence with full pay for four (4) days not chargeable to
the employee’s sick leave or vacation accumulation per death. Such family members shall include; the
husband, wife, child, mother, father, brother or sister. In the event of the death of the employee’s
mother-in-law, father-in-law, grandfather, grandmother, grandchild or any other
relative residing in the employee’s household, the employee shall be entitled
to absence with full pay for three (3) days not chargeable to the employee’s
accumulated sick leave or vacation leave per death. In the event of the death of the employee’s
brother-in-law, sister-in-law, or any step child, the employee shall be
entitled to absence with full pay for one (1) day not chargeable to the
employee’s accumulated sick leave or vacation leave per death. In any of the above situations, any needed
additional days required by the employee may be utilized from the employee’s
accumulated sick leave or vacation time. The definition of “immediate family”
for the purpose of this article shall include domestic partners of the same or
opposite sex who have lived in the same household for at least six (6) months
and have made a commitment to continue to live as a family.
C. Sick
Leave
1. Sick leave with pay shall be granted to
employees covered by this Agreement.
Sick Leave with pay is hereby defined to mean a necessary absence from
duty due to illness, injury, or exposure to contagious disease, and may include
absence due to illness in the immediate family of the employee or necessary
attendance upon a member of the immediate family who is ill or to attend to
doctors visits. However, the State may
be entitled to require verification from the employee regarding the illness of
a member of their immediate family or the necessity for attendance for doctors
visits, and the employee may use up to, but not in excess of ten (10) working
days in any calendar year for the purpose of attending a member of the
immediate family who is ill or their attending necessary doctors appointments.
The definition of “immediate family” for the purpose of this article shall
include domestic partners of the same or opposite sex who have lived in the
same household for at least six (6) months and have made a commitment to
continue to live as a family.
2. Employees whose basic work week is
thirty-five (35) hours or in the non-standard category shall accrue four (4)
hours for each bi-weekly period of service; employees whose basic work week is
forty (40) hours shall accrue five (5) hours for each bi-weekly period of
service.
3. When the total accumulation shall amount to
875 hours (125 days) for an employee assigned to a thirty-five hour (35 )
schedule, or 1000 hours (125 days) for an employee assigned to a forty hour
work schedule, no further credit shall accrue until the total shall have been
reduced to less than the maximum.
4. When the service of an employee shall be
terminated by retirement, (mandatory, voluntary, or involuntary) or death, such
employee or his estate shall be entitled to receive full pay for each hour of
accrued sick leave to his credit as of the date of termination according to the
following formula:
A thirty-five (35) hour a week employee or a non-standard employee
shall be entitled to receive full pay for 50% of all accrued sick leave over
390 hours up to and including 630 hours and 75% pay for all accrued sick leave
over 630 hours up to and including 875 hours.
A forty (40) hour a week employee shall be entitled to receive full
pay for 50% of all accrued sick leave over 468 hours up to and including 720
hours and 75% pay for all sick leave over 720 hours up to and including 1000
hours.
5. If the employee becomes ill while on
vacation and the illness extends beyond two (2) days, vacation leave will be
changed to available sick leave accumulation providing the employee shall
furnish to the State a physician’s certificate attesting to the illness of the
employee during the time in question.
6. Whenever an employee shall be absent from
her duties and receiving compensation as provided in the Workmen’s Compensation
Laws, she shall be granted sick leave in accordance with the rules applicable
thereto, in an amount not to exceed her regular compensation. Deductions from accumulated credits shall be
applied only to that part of her salary which is paid as an addition of
Workmen’s Compensation payments, and the total of the two (2) shall not exceed
the regular salary for a given pay period. Annual leave credits may be applied
in the same manner. When such absence
shall not be covered by sick leave or annual leave, it shall be deemed to be
leave without pay. Provided, however,
that if it shall be determined during the Workmen’s Compensation proceedings
that the injury resulted from a physical assault arising out of the regular
course of employment, the employee’s leave shall not be reduced for the first
twenty-six (26) weeks of disability arising from such an assault. During the 27th week and thereafter for the
duration of the employee’s disability, deductions from accumulated credit shall
be applied as indicated above.
7. Any employee whose employment requires
exposure to X-rays, radiation, or other harmful substances, shall be granted
special sick leave credits not to exceed 105 hours in a calendar year if she is
a thirty-five (35) hour or non-standard scheduled employee. Such sick leave
credits shall be available and sick leave granted upon the approval by the
Personnel Administrator of the written recommendation of the appointing
authority. Such recommendation shall be
based upon a determination by blood tests or other approved method and
supported by a statement from a qualified physician that the health of the
employee required such sick leave to permit recuperation from exposure to such
occupational hazards.
8. The State and the
The Sick Leave Bank Committee shall
be composed of four members, two (2) of whom shall be appointed by the
President of the
The following provisions must be included in the rules and procedures adopted by the Sick Leave Bank Committee:
a. The Committee must review the sick leave utilization of any member of the Sick Leave Bank who applies for sick leave from the bank. Sick leave will not be granted to an applicant with evidence of prior sick leave abuse in his or her personnel file or attendance record. Prior utilization of sick leave does not by itself indicate sick leave abuse.
b. The Committee must require adequate evidence of catastrophic illness or injury which is not job-related.
c. The maximum amount of sick leave that the Committee may grant shall be 480 hours per employee assigned to a forty (40) hour work week and 420 hours per employee assigned to a thirty-five (35) hour work week. Hours granted shall not exceed the total hours available in the Bank.
d. Employees must make contributions to the Sick Leave Bank on January 2 of each calendar year. Any employee who does not make a contribution to the Bank shall not be eligible to apply to the Bank for any sick leave.
e. Members of the bargaining unit who wish to be eligible to apply to the Bank for sick leave shall contribute eight (8) hours of sick leave if assigned to a forty (40) hour work week and seven hours of sick leave if assigned to a thirty-five (35) hour work week.
f. An employee who applies to the Sick Leave Bank must have used all available accrued and accumulated leave including vacation and personal leave and compensatory time.
Any unused sick leave remaining in the Sick Leave Bank on December 31st shall not be carried forward into the next year.
If during the calendar year the Sick Leave Bank falls below three hundred and fifty (350) hours, the Sick Leave Bank Committee may solicit additional contributions from those employees who made a contribution on January 2 of that calendar year.
D. Transitional Employment.
The parties recognize the desirability of light duty assignments as a
means of returning injured workers to productive employment.
The Office of Human Resources Administration and/or her/his
designee in agreement with the Union shall define and assign transitional
employment for employees who have job related injuries which prevent or limit
performance of full job duties and responsibilities within the following
parameters:
Based upon clearly defined medical verification, the
parties shall modify the tasks of the employee including job task, hours, shift
and/or work location, to provide transitional employment in order to
accommodate the employee’s injury.
If no transitional employment is available in the
employee’s classification, the employee may be offered work outside her/his
classification on a limited basis with approval of the
The transitional employment for such employees shall be
reviewed on a regular basis. The review
interval shall be agreed upon by the
If the employee cannot return to her/his classification
and/or assignment based upon medical verification after attaining maximum
medical improvement, the State shall attempt to assist them with other
employment, education, or training in State service within the bargaining unit
in accordance with the Workers’ Compensation Laws.
If the injury is not job related and the employee
requests to return to work, the appointing authority upon receipt of medical
verification that the injured employee can perform limited tasks in her/his
classification, the appointing authority, subject to the needs of the
University may modify the tasks of the employees’ normal assignment to enable
the employee to return to work after utilization of the employees’ sick leave.
Any such transitional employee will not displace any
bargaining unit member while participating in the program.
E. Personal Days
Each member of the bargaining unit shall be entitled to four
(4) days of personal leave with pay to attend to personal business which can
only be conducted during working hours.
The State shall not require a member to give a reason as a condition of
approval of the use of such personal leave, providing, however, that prior approval
for the requested leave must be obtained, and that the resulting absence will
not interfere with the proper conduct of Department or Division
activities. However, these four personal
days shall be diminished by any official time off given as a result of the
appointing authority of the Governor of the State of
Employees newly appointed between January 1 and March 30
shall be entitled to four (4) personal leave days as provided in this
Article. Employees newly appointed
between April 1 and June 30 shall be entitled to three (3) personal leave days
as provided in this Article. Employees
newly appointed between July 1 and September 30 shall be entitled to two (2) personal
leave days as provided in this Article.
Employees newly appointed between October 1 and December 31 shall be
entitled to one (1) personal leave day as provided in this Article.
A. The University agrees to encourage continued professional
development for attendance at conferences, conventions, and/or workshops by the
MBUS in order to broaden their working experiences.
B. The Association will submit whatever proposals it deems appropriate
for the planning of career development workshops. The University will meet with
the Association to discuss such proposals.
C. The Union President will be notified by the University of all
announcements from the training section of the Division of Personnel relative
to courses available for incentive increases (work related courses). If there is any dispute on the part of the
supervisor relative to “work related” courses, the training officer for the
Division of Personnel will determine the question. Participation in such courses must be
approved by the immediate supervisor; approval will not be unreasonably denied.
D. The State will provide a minimum of one training course per
year at the URI campus for which employees in the bargaining unit will be
eligible to participate, provided members of the bargaining unit apply in
sufficient numbers to fill the class quota.
A. Probationary Employees
1. All original appointments and promotional
appointments shall be considered as probationary employees for the first 130
days worked of their continuous employment and shall serve at the pleasure of
the President of the University. Any promotional appointee who is dismissed
from the position to which she was promoted during the probationary period or
at the conclusion thereof shall be restored to their former position.
2. During this probationary period, the
employee will be evaluated by the employee’s immediate supervisor every two (2)
months. The employee shall be notified
in writing of the evaluation after each evaluation is made, and if appropriate
shall be offered constructive criticism to enable the employee to improve her
performance. In no case shall any
evaluation of an employee be based on hearsay.
Evaluation reports will be placed in the employee’s personnel file. The employee shall have the right to attach
appropriate comments to any evaluation.
3. At the end of the probationary period, a
decision will be made whether to retain or terminate the employee. If the employee is not notified, in writing,
that her services are not satisfactory, or that her continued employment is not
desired at the expiration of the probationary period, then she shall be
continued in her employment. Any employee may be dismissed by the University
during the probationary period for reasons relating to the employee’s lack of
qualifications or for the good of the service.
Such dismissals shall be in writing with a copy sent to the employee and
the
B. Due Process
1. Disciplinary action may be imposed upon an
employee only for just cause. Any
disciplinary action imposed upon an employee may be processed as a grievance
through the regular grievance procedure as outlined in Article XII. If the appropriate supervisor has reason to
discipline an employee, it shall be done in a manner that will not embarrass
the employee before other employees or the public. Initial minor infractions, irregularities, or
deficiencies shall be privately brought to the attention of the employee. After a period of six (6) months if the
employee has not committed any further infractions of appropriate rules and
regulations, written notations or oral reprimands shall be expunged from the
employee’s personnel records. Written
reprimands will be removed after a period of one (1) year if there are no
further infractions. The employee shall
be furnished with a copy of all performance evaluations or disciplinary entry
in his personnel record and shall be permitted to respond thereto. The content of an employee’s personnel record
shall be disclosed to the employee’s Union representative only with the written
consent of the employee. Where
appropriate, disciplinary action or measures shall include only the following:
a. Oral
Reprimand;
b. Written
Reprimand;
c. Suspension;
d. Discharge;
e. Demotion where appropriate.
When suspension,
demotion or discharge is to be implemented, the Appointing Authority shall
before or at the time such action is taken, notify the employee and the
2. If the Appointing Authority decides to
demote, suspend or terminate an employee, the employee and the Union President
shall receive notice in writing.
3. Within two weeks of a suspension or
discharge, the Union may file a grievance with the State Labor Relations
Administrator as set forth in Article XXV, and such hearing shall be held no
later than three (3) days after the
4. In the event that an employee is dismissed,
demoted or suspended under this Section, and such employee appeals such action
and her appeal is sustained, she shall be restored to her former position and
compensated at her regular rate for any time lost during the period of such
dismissal, demotion or suspension.
5. An employee will be granted a demotion upon
request when recommended by the appropriate supervisor and approved by the
appointing authority.
6. An arbitrator shall be empowered to change the
disciplinary action if he/she determines the action taken was not warranted
under the circumstances.
C. Review Process
The
1. identify specific indicators of
achievement;
2. stimulate improved performance;
3. develop mutually established goals;
4. establish employer-employee communications;
5. training of supervisors prior to the
implementation of the review process;
6. feasibility of the establishment of an
incentive program; and
7. an evaluation of the review process to
begin one (1) year after.
A. An employee shall, upon request during normal business hours,
be permitted to examine her personnel file, provided, however, that any letters
of recommendation solicited in connection with her initial employment shall not
be available to that employee. The
employee shall have the right to reproduce at the employee’s cost any document
in the employee’s personnel file.
B. An employee shall be given a copy of any material if it is to
be used in connection with a grievance or a personnel hearing.
C. No derogatory material shall be placed in the employee’s
personnel file unless the employee has an opportunity to read the material and
an opportunity to sign and date the material indicating the employee has read
the material. Such signature merely
signifies that the employee has read the material to be filed and does not
necessarily indicate agreement with its content.
D. No anonymous material shall be placed in
the employee’s personnel file. Materials
shown to be false or unsubstantiated shall be removed from the employee’s
personnel file. The personnel office shall be responsible for notifying in
writing any persons or organization to which it may have forwarded false
information.
E. There shall be only one official file
kept in the University Personnel Office.
University administration shall not maintain a separate file or
personnel records in another location except the Kingston Campus unless this
separate file is for duplication reasons only.
F. Additional information must be signed by the employee
indicating the employee has seen, but is not necessarily in agreement with said
information.
G. The employee shall have the right to answer any material
filed, and the employee’s answer shall be attached to the copy in her personnel
file.
Employees who have been previously admitted to an examination
shall, upon reapplication be admitted to said examination unless the job
specification is changed by Public Hearing.
The employee shall fill out a new application as if it was an
application for the initial examination.
In the event that the Governor or designee determines that an emergency situation exists and as a result makes a public declaration that an emergency exists or that State offices are closed, the following provisions shall apply:
A. The Department of Administration shall determine the designated starting time of the emergency.
B. Employees who are either allowed to leave their work place early or are excused from traveling to work shall be allowed to discharge vacation leave, personal leave or sick leave. An employee who elects to discharge sick leave may discharge up to a maximum of two (2) sick days per calendar year for such events.
C. Employees who are required to remain at their place of work or to travel to work shall be compensated at the rate of time and one half for each hour worked commencing at the designated starting time of the emergency as determined by the Department of Administration.
D. Deletion of the prior language in Article 22 shall not negate the practice of granting time off for annual employee outings outlined in the M.O.A.
The State agrees to provide legal defense for and to hold
harmless the employees who are defendants in civil litigation arising from
their conduct on behalf of the State.
Provided, however, that this provision shall apply only in the cases in
which the employee is being sued for errors or mistakes in intellectual
judgment or analysis and shall not apply to physical acts of the employees,
except in reasonable self defense.
Should any part of this agreement be rendered or declared
invalid by a court of competent jurisdiction of the State of
It is further agreed that if part of the agreement is
determined invalid, either party may open negotiations solely with respect to a
substitute for such article, section, or portion.
The Union recognizes that except as specifically limited,
abridged, or relinquished by the terms and provisions of this Agreement, all
right to manage, direct, or supervise the operations of the State and the
employees are vested solely in the State.
It is agreed by the parties that the State of
The
It is agreed that all provisions of this Agreement are
binding on each of the individuals covered by the Contract.
A. It is hereby agreed that any alteration or modification of
this Agreement shall be binding upon the parties only if agreed to in writing
by both parties.
B. The waiver of any condition of this Agreement by either party
shall not constitute a precedent in the future enforcement of all terms and
conditions herein.
This Agreement
shall be in force from July 1, 2004 through June 30, 2008. Negotiations for a subsequent Agreement shall
be consistent with State Law.
IN WITNESS WHEREOF, the parties hereto have set their hands on this ____ day of
_______________, 2006.
FOR THE STATE: FOR
ACT/NEA:
________________________________ ______________________________
Governor Donald L. Carcieri Joan
Hernandes, President
________________________________ ______________________________
Director of Administration Assistant
Executive
Director/NEARI
________________________________
Robert Carothers, President
________________________________
Anne Marie Coleman, Director
Department of Human Resources/URI
# 1
BETWEEN
STATE OF
AND
THE ASSOCIATION OF CLERICAL-TECHNICALS/NEA
This Memorandum of Agreement is entered into by and between
the State of Rhode Island/University of
1. All members of the bargaining unit who
receive leave without pay for personal reasons, pursuant to Article XVI D. of
the contract, in accordance with the Payroll Manual, shall not receive paid
health benefits, but may continue health insurance coverage by paying at the
group rate.
2. All members of the bargaining unit who
receive leave without pay for personal reasons, pursuant to Article XVI D. of
the contract, shall be required to discharge all accrued vacation leave, except
to a maximum of five (5) days prior to commencing their leave.
3. All members of the bargaining unit who
receive leave without pay for personal reasons, pursuant to Article XVI D. of
the contract shall not be required to discharge any accrued sick leave prior to
commencing their leave of absence.
4. The ACT/NEA will withdraw grievance #GC
83-013 (G8060) and GC 83-015 (G8061).
________________________________ ______________________________
Associate Director of Administration President, ACT
State of
________________________________ ______________________________
Asst. Vice President for Personnel Vice President, ACT
# 2
BETWEEN
STATE OF
AND
THE ASSOCIATION OF CLERICAL-TECHNICALS/NEA
This Memorandum of Agreement is entered into by and between
ACT/NEA and the State of
1. Article XI C.1 Transfers shall be
implemented regardless of whether the vacant position which is in the
bargaining unit is full or part-time and/or regardless of whether the bidding
employee in the similar classification is full or part-time. The employee with the greater primary
seniority shall be transferred pursuant to Article XI C.1.
Employees who bid (Transfer) under Article XI C.1 to a
part-time position (within the bargaining unit) must accept the conditions as
posted in the vacancy notice.
All postings for part-time positions shall include daily
hours of work and variable or rotating schedule.
2. It is agreed that in settlement of Gr. 82-53
(G-7244) the grievant will not bump the employee transferred to the position in
the
_______________________________ ______________________________
Richard Miller Ralph
Lataille
ACT/NEA
______________________________
John
J. Turano
State
of
January 24, 1983
# 3
BETWEEN
STATE OF
AND
THE ASSOCIATION OF CLERICAL-TECHNICALS/NEA
The Association of Clerical-Technicals/NEARI/NEA and the State and the
1. Members of the bargaining unit are
eligible for tuition remission for non-credit courses for the term of the
current agreement, which are run by the University of Rhode Island College of
Continuing Education according to the following conditions:
a. Payments will be limited strictly to
tuition. All fees, books and other
expenses must be paid for by the individual.
b. Waiver Students are eligible for said
courses on a space available basis after paying students, and are not counted
in determining whether the courses has enough students to run or is to be
cancelled.