PURPOSE
It is the purpose of this agreement to carry out the policy of the Board of Governors for Higher Education by encouraging a more harmonious and cooperative relationship between the Board and its employees by providing for procedures which will facilitate free and frequent communication between the Administration and its employees.
By means of this agreement, therefore, the signatories hereto bind themselves to maintain and improve the present high standards of service to the Board of Governors for Higher Education and agree further that sound labor-management relations are essential to carry out this end.
MEMORANDUM OF AGREEMENT
In
this agreement entered into this 1st day of July, 2004, between the Rhode
Island Board of Governors for Higher Education and the
For
the purpose of this contract, the term Board shall mean the Board of Governors
for Higher Education, the term Administration shall mean the
ARTICLE I
RECOGNITION
1.1
The Board hereby recognizes the
1.2
The Board agrees that no employee shall be discriminated against, intimidated,
or coerced in the exercise of his right to bargain collectively through the Union,
or on account of his membership in or activities on behalf of the Union.
ARTICLE
II
MANAGEMENT
RIGHTS
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 Board and the employees are vested solely in the Board.
2.1 For example, but
not limited thereto, the employer shall have the exclusive rights subject to
the provisions of this agreement and consistent with applicable laws and
regulations:
2.1.1 To direct employees in the performance of official duties;
2.1.2 To hire,
promote, transfer, assign, and retain employees in positions within the
bargaining unit and to suspend, demote, discharge, or take other disciplinary
action against such employees;
2.1.3 To maintain the
efficiency of the operations entrusted to it;
2.1.4 To determine
the methods, means, and personnel by which such operations are to be conducted;
2.1.5 To relieve employees
from duties because of lack of work or for other legitimate reasons;
2.1.6 To take
whatever actions may be necessary to carry out its mission in emergency
situations, i.e., an unforeseen circumstance or a combination of circumstances
which calls for immediate action in a situation which is not expected to be of
a recurring nature.
ARTICLE III
UNION RIGHTS
3.1 Designated Union members and/or officers shall be granted reasonable time with pay during working hours to investigate and seek to settle grievances and to participate in hearings and meetings with the Administration or Labor Relations Board on contract negotiations and contract administration. Such time shall be with the approval of the appropriate supervisor involved, and such approval shall not be unreasonably withheld.
3.2
No Union steward, committee member, or representative shall be discriminated
against as a result of the performance of legitimate Union business.
3.3
Union representatives shall be permitted to visit Union officers and committee
members on Board/Administration premises for the purpose of discussing Union
business. Such visits should not interfere with the normal conduct of
University business.
3.4
The
3.5
The
3.6
The Board recognizes the Union's right to have access to information relative
to budget requests and authorization and staffing projections as it affects the
members of the bargaining unit, to register of personnel, names and addresses,
and salaries and steps of all employees in the bargaining unit, and to agenda
and minutes of all open Board of Governors meetings.
3.7
Where possible, the Administration shall advise the
3.8
In the case of reorganization, the University shall discuss with the
3.9
The President of the University shall meet with the President of the
3.10
The
3.11
The Administration commits itself to making appointments to University
Committees in a manner to insure full participation by non-classified,
Administrative Staff in the University Community. The President may appoint a
member of the bargaining unit with prior notice to the Union President to any
committee.
ARTICLE IV
NON-DISCRIMINATION CLAUSE
4.1 The Board and the
4.2 All references to
employees in this agreement designate both sexes, and wherever the male gender
is used it shall be construed to include male and female employees.
4.3 The Union shall
not discriminate against, interfere with, restrain or coerce an employee from
exercising the right not to join the Union and will not discriminate against
the employee in the administration of this agreement because of non-membership
in the
4.4 The
4.5 The Board shall
not discriminate against, interfere with, restrain, or coerce an employee who
exercises the right to join the
ARTICLE
V
DUES
DEDUCTIONS - AGENCY SHOP
5.1 Membership in any employee organization may be determined by each individual employee; provided, however, that if the employees have selected an exclusive bargaining representative organization all non-members of the exclusive representative organization shall pay to the exclusive organization a service charge as 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.
5.2 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.
5.3 The State
Controller shall also deduct Union Dues from the wages of those members who
have authorized the State to do so in writing and shall forward promptly to the
Treasurer of the
ARTICLE
VI
BULLETIN
BOARDS
The Board/Administration agrees to provide reasonable space
where notices may be posted on bulletin boards for use by the
ARTICLE
VII
POSTING
AND FILLING OF NEW AND VACANT POSITIONS
7.1 All new and
vacant positions within the bargaining unit shall be posted on the Union
bulletin boards and on a central bulletin board in the Personnel Office for a
period of ten (10) work days.
7.2 Postings shall
include pay grade, duties, qualifications, responsibilities, and nature of
funding (temporary, limited period, permanent) and the bargaining unit within
which the position falls. If the position does not fall within any bargaining
unit, it shall be so stated in said posting and job specifications.
7.3 All vacancies
shall be filled in compliance with the Board of Governors for Higher Education
Affirmative Action Policy.
7.4 Whenever a change
is made to the title or job description of a vacant and/or newly created
position after it has been posted and before it has been filled, in accordance
with 7.1 above, all applicants from the bargaining unit shall be notified of
the change and be given an opportunity to amend their applications or re-apply.
Such change shall require that the position be reposted according to 7.1 above.
7.5 In the event a
member of the bargaining unit is selected to fill a vacant position of a higher
pay grade, as the result of a competitive search approved by the Affirmative
Action Office, the starting salary shall be determined by the Vice
President/Provost, subject to the approval by the President. In no event will the salary increase be less
than 5% above his/her current base rate or exceed the maximum of the higher pay
grade.
7.6 In the event a
position is upgraded to a higher classification within the bargaining unit
through the Personnel Review Committee, the employee shall receive the base
rate of the higher classification, or 10% above his/her base rate whichever is
greater. In no event will the salary
amount exceed the maximum of the higher pay grade.
ARTICLE
VIII
EMPLOYEE
COMPENSATION IN A DIFFERENT CLASSIFICATION
8.1 In the event an employee
is required to fill a position in a higher classification on an interim basis,
said employee shall receive the base rate of said different classification, or
10% above his current rate, whichever is greater, while serving in said
position if the interim period extends beyond thirty (30) working days. The
additional compensation shall be retroactive to the day the employee began
filling the position in the higher classification. This article shall not apply
to vacation replacements.
8.2 Upon the employee's
return to the position held prior to the interim assignment, salary currently
in effect for said employee position shall be resumed.
ARTICLE
IX
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 specified in Article XVII.
9.1 If the
Administration has reason to reprimand 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. Each employee shall have
access to his personnel record as specified in Article X.
9.2 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
9.3 When disciplinary
action other than an oral reprimand is to be implemented, the Administration
shall notify the employee and the
9.4 The
Administration shall not discharge or suspend an employee without just cause. Within
two weeks of such suspension or discharge, the
9.5 In the case of
demotion the Administration shall give the employee and the Union written
notice of its intention to affect the demotion not less than fifteen (15) days
before the date it is intended to become effective.
9.6 In the event that
an employee is dismissed, demoted or suspended under this section and such
employee appeals such action and his appeal is sustained, he shall be restored
to his former position and compensated at his regular rate for time lost during
the period of such dismissal, demotion or suspension.
9.7 An employee may
be granted a demotion upon request, when recommended by his appointing
authority.
ARTICLE
X
PERSONNEL
FILES
10.1 The University
shall maintain one (1) personnel file for each employee.
10.2 The Official
Personnel File shall include:
10.2.1 Personnel
information.
10.2.2 Information relating
to the employee's academic and professional accomplishment submitted by the
employee or placed in the file on his request.
10.2.3 Records
generated by the University.
10.2.4 All
observation reports and evaluation of the employee's professional performance.
10.2.5 Memoranda of
discussions between the employee and his department chair, director or
supervisor relating to evaluations of the employee's professional performance.
10.3 The employee
shall have the right to examine his Official Personnel File at any time
during normal business hours and to file a statement in response to any item
placed in the file, provided, however, any letters of recommendation solicited
in connection with his employment shall not be available to that employee or
his representative.
10.4 No anonymous
material shall be placed in an employee's Official Personnel File.
10.5 An employee may
request copies of materials contained in his Official Personnel File.
10.6 Copies of
materials in an employee's Official Personnel File shall be permitted
for official University purposes, for use at formal proceedings of grievance
reviews, or for the express use of the individual employee, but shall not be
permitted for any other purpose. Only materials in the Official Personnel
File or related documents may be used against the employee at any time in
any manner.
10.7 No other file
shall be maintained for official purposes.
10.8 Civil Service
materials shall be filed in the Official Personnel File.
10.9
All employees shall be evaluated periodically,
but not less than once every two (2) years.
A written statement of evaluation shall be placed in the employee’s
official personnel file. A copy of the
evaluation shall be given to the employee.
The employee shall read, date and sign the evaluation and it shall be
placed in the employee’s official personnel file. In addition, the employee may comment in
writing; said comments shall be attached to the evaluation. Employees shall be offered constructive
criticism, and specific areas of improvement shall be noted, if appropriate.
10.10 No
formal evaluation shall be based on anonymous, erroneous or unsubstantiated
material.
10.11 Personnel
Files – During the life of the Agreement, personnel files will be
updated to include current job descriptions.
All employees shall receive copies of their job descriptions, and copies
will be forwarded to the union.
11.1 There are
established six (6) basic work weeks as follows:
11.1.1 A thirty-five
(35) hour work week (five consecutive seven (7) hour days, Monday through
Friday);
11.1.2 A non-standard
week (five (5) consecutive days of at least seven (7) hours each, to total no
more than thirty-five (35) hours, normally Monday through Friday);
11.1.3 A
non-scheduled work week (a total of no more than thirty-five (35) hours in
seven (7) consecutive days).
11.1.4 A forty (40)
hour work week [five consecutive eight (8) hour days, Monday through Friday].
11.1.5 A non-standard
week [five (5) days of at least eight
(8) hours each, to total no more than forty (40) hours, normally Monday
through Friday].
11.1.6 A
non-scheduled work week [a total of no more than forty (40) hours in seven (7)
consecutive days].
11.2 It is agreed that
the work schedule shall be on a calendar year basis (12 months) or on an
academic year basis as set forth in the attached Memorandum of Agreement.
11.3 Breaks and meal
periods
11.3.1 All employees
shall be granted a fifteen (15) minute break with pay during the first half and
the second half of their work day, provided there is no disruption to the
operation of the University.
11.3.2 All employees shall be granted a meal period without pay of not less than one-half hour duration, nor more than one hour duration during each work day to be determined by the work schedule that applies and the immediate supervisors.
11.4 It is recognized
that there are now in existence work schedules peculiar to certain classes of
positions and such exceptions shall remain in full force and effect. In the
event it becomes necessary to change the scheduled work hours. as detailed in section 11.1, the board and the
11.5 Working
conditions
11.5.1 The University shall make an effort to provide affected employees with all necessary safety equipment.
ARTICLE XII
FRINGE BENEFITS
12.1 Retirement - All employees in the
bargaining unit who work twenty (20) hours per week or more are required to
participate in the Teachers Insurance and Annuity Association and the College
Retirement Equities Fund (TIAA-CREF), VALIC, or MetLife annuity programs after
completion of two (2) years of employment and attainment of age thirty (30).
Employees who are members of the Rhode Island Employees Retirement System (ERS)
at the time of employment at the University may elect to remain in the Employee
Retirement System.
12.2 Tax Deferred Annuity Program - All
employees in the bargaining unit who work twenty (20) hours per week or more
are permitted to request that a portion of their salary be allocated for the
purpose of annuities, subject to rules and regulations of the State of Rhode Island
and Internal Revenue codes.
12.2.1 Employees
within this bargaining unit who work twenty (20) hours per week or more are
permitted to request that a portion of their salary be allocated for the
purpose of annuities, subject to rules and regulations of the State of
12.3 Disability Insurance - All employees in
the bargaining unit who work twenty (20) hours per week or more and who have one
(1) year of continuous service at the University and who are members of
TIAA-CREF or who will be eligible for membership in the future are covered by
disability benefits.
12.3.1 Also covered
are ERS employees with one year of service at the University and who have less
than five (5) years of service in ERS.
12.3.2 Employees with
five (5) years of membership in ERS are eligible for total disability benefits
under that program and are not eligible under TIAA-CREF disability insurance.
12.4 Group Life Insurance - It is agreed
that all employees shall be eligible to participate in the State Employees
Group Life Insurance Program as established by 36-12-6 of the General Laws of
1956, as amended.
12.4.1 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 he desires not to be insured.
(B) Each covered employee will be provided with an amount of Group Life Insurance equal to the amount of his annual compensation taken to the next higher multiple of one thousand ($1,000.00) dollars plus an equal amount of Group Accidental Death Insurance with dismemberment coverage.
(C) Each such amounts of insurance will be reduced by two percent (2%) 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 per cent of the coverage in force immediately prior to the employee's sixty-fifth birthday.
(D) The cost to the employee of such insurance shall not exceed the rate of twenty-five cents ($0.25) bi-weekly for each one thousand dollars ($1,000.00) of his Group Life Insurance.
(E) Upon an Employee's termination from State Service, the policy may be converted to an individual policy of Life Insurance at standard rates.
12.5 Health Benefits – Effective
Individual Coverage
<$75,000 >$75,000
FY06 6.00% 8.00%
FY07 9.00% 11.00%
Family Coverage
<$35,000 <$75,000 >$75,000
FY06 4.00% 6.00% 8.00%
FY07 6.00% 9.00% 11.00%
Effective
12.6 Travel Reimbursement - Reimbursement
for travel expenses shall be made in accordance with regulations of the State
of
12.7 Tuition Waiver - General fees or
course charges for all full-time employees may be waived when they undertake a
regular study program at the University. Spouses and children of full-time
employees who are not full-time students may be registered, with the approval
of the Registrar, for no more than three (3) courses up to and including 11
credits in any one semester for undergraduate work and no more than two courses
up to and including 8 credits in any one semester for graduate work.
12.7.1 Spouses and
children of full-time employees, enrolled full-time or part-time in the
University, degree or non-degree candidates, shall pay all regular University
fees except the General Fee. Children eligible are those who are unmarried and
under age 21 at the time of original registration and who remain continuously
registered.
12.7.2 General fees
or course charges may be waived for all full-time employees, their spouses, and
their children when they undertake a regular program of study at the
undergraduate level at any post-secondary institution in the Board of
Governors' system other than the University.
ARTICLE XIII
SENIORITY AND LAYOFFS
13.1 It is hereby agreed
that the parties hereto recognize and accept the principle of seniority.
13.1.1 Seniority by
Department is defined as the employee's date of hire into the Department. The
principle of seniority by Department shall apply in cases of days off, vacation
time, holiday time, transfers and shift preference.
13.1.2 Seniority by
University shall be defined as the employee's date of hire by the University
unless seniority has been broken. The principle of seniority by University
shall apply to layoffs and recalls, provided, however, that the employee is
qualified and able to do the work in accordance with position specifications.
In the event of recall the order of layoff described above shall be reversed
provided that the employee is qualified and able to do the work in accordance
with position specifications.
13.1.3. The
Administration shall prepare and forward to the Secretary of the
13.1.4 Seniority
shall be retained but not accrued during all leaves without pay.
Seniority shall be
retained and accrued during all paid leaves of absence.
Seniority shall be
retained when Departments are reorganized and/or Department titles are changed.
Seniority shall be
retained when job titles are changed.
13.2 Seniority - Probationary Employees -
New employees shall be considered as probationary employees for the first
twelve (12) months of their continuous employment and shall serve at the
pleasure of the President of the University. There shall be seniority among
probationary employees.
13.2.1 The
13.3 Loss of Seniority - An employee shall
lose his seniority for the following reasons:
13.3.1 Resignation
13.3.2 Termination not
reversed through grievance procedure
13.3.3 Retirement
13.3.4 When an
employee fails to notify the Departmental Director or appropriate supervisor of
his absence from work within three (3) working days unless extenuating
circumstances prohibit said notice.
13.3.5 Failure to
return to work within ten (10) working days after recall from lay-off
13.3.6 When an
employee is laid off in excess of two (2) consecutive years
13.3.7 When an
employee fails to renew a leave of absence
13.3.8 When an employee
engages in other work without authorization while on a leave of absence.
13.4 Lay-off - University-wide seniority for
layoffs shall be utilized as follows:
13.4.1 First, within
a current class of position, or,
13.4.2 Second, if the
above is not available, the employee may bump into any other position. Any
other position shall be defined as any position previously held for a period of
at least ninety (90) days.
13.4.3 Layoffs for
the purposes of this section shall be defined to include retrenchment,
reduction-in-force, subcontracting, and position abolishment.
13.4.4 The employee's
bumping rights defined in 13.4.1 and 13.4.2 above will be restricted to the
least senior person in the classification affected.
13.4.5 If an employee
whose position is State funded is unable to exercise seniority under sections
13.4.1 or 13.4.2, he/she may if determined to be qualified by the Assistant
Vice President for Human Resource Administration, bump into one of the
following positions, if said position is also State funded:
1. The position occupied by the bargaining unit employee with the least seniority in the same pay grade.
2. The position occupied by the bargaining
unit employee with the least seniority in a lower pay grade.
13.4.6 Any employee
asserting his/her seniority under Article 13.4.5 must be determined by the
Assistant Vice President for Human Resource Administration to possess the
qualifications, ability, and training or equivalent experience to perform the
work of the position. The determinations of the Assistant Vice President for
Human Resource Administration as to an employee's ability to utilize the
provisions of 13.4.5 shall be final and not grievable.
13.4.7 When an
employee is separated under this article he shall receive full pay for all
annual leave and compensatory time accrued to the date of lay-off.
Application of this
provision shall not affect the employee's right to recall.
13.5 Notification - The employee shall be notified
in writing at least 30 calendar days prior to separation under this article,
setting forth the specific reasons for the separation, and a copy of the
notification shall be furnished at the same time to the
13.6 Prior to
separation under of any employee under this article, the Board shall make every
reasonable effort to place the employee in another existing funded vacancy
within the University for which the employee possesses the specific
qualifications, ability, and training necessary to perform the available work
in accordance with position specifications. This shall not be construed to
encroach upon any other bargaining unit.
13.7 Any employee who
has been separated under this article shall have his name placed on an
appropriate re-employment list for two (2) years from date of separation.
Seniority shall be retained to such employees while on said re-employment list.
13.8 The principle of
seniority shall not apply to limited period positions supported by research
grant funds, federal funds, or other such funds, when said funds are no longer
available or have been reduced. However, such employees shall have their names
placed on a priority re-employment list by date of hire, provided that they are
capable and qualified to do the work in accordance with position specifications
for recall, should said funds be restored.
13.9 Recall will be
in reverse order provided the greater seniority employee possesses the specific
qualifications, ability, and training necessary to perform the available work
in accordance with position specifications.
ARTICLE XIV
OVERTIME, CALL IN TIME, AND SEA PAY
14.1 Overtime
14.1.1 It is agreed
that when it becomes necessary for the efficient conduct of the business of the
University, an immediate supervisor may direct or authorize overtime work.
14.1.2 Overtime shall
be defined as the required performance of work within an employee's
classification in excess of the established work week.
14.1.3 Time and
one-half shall be paid for work performed in excess of 40 hours in a work week
and compensatory time at the rate of one (1) hour for each hour worked between
35 and 40 hours for employees who are covered by the Fair Labor Standards Act.
That includes the following titles:
Administrative
Assistant III
Administrative
Secretary II
Information
Technologist
Lab
Tech II
Marine
Research Assistant II
Network
Tech III
Network
Tech II
Network
Tech I
OIS
Customer Service Rep
Research
Assistant I
Research
Assistant II
Research
Assistant IV
Technician
(Ice Rink)
Tech
I (Lab Animal Care)
Tech
II
Tech
III
14.1.4 Whenever an
employee is required to work on a holiday which falls on his regular scheduled
work day, he shall be credited with the number of hours in his official work schedule
for that day plus the number of hours actually worked at the rate of one and
one-half times.
14.1.5 Overtime work
shall be a matter of record and shall be distributed fairly and equitably among
employees capable of performing the work, in their respective department and
class of position based on seniority. A record of overtime shall be provided to
the
14.1.6 Employees who
do not receive paid overtime and who work in excess of thirty five (35) hours
per week shall receive compensatory time, i.e., one hour for each hour worked.
All employees shall expend earned compensatory time according to a schedule
prescribed by the appropriate supervisor within 30 work days of when it is
earned, or it shall be considered lost.
If, however, an
employee is denied the opportunity to expend compensatory time throughout said
30 days, he/she may refer the matter to the Assistant Vice President for Human
Resource Administration who shall within 15 days, at his sole discretion, either
order the payment of the compensatory time which has accrued within the
previous 30 day period or prescribe a schedule during which this compensatory
time shall be expended, or a combination of both.
When the service of
an employee is terminated by death, retirement or resignation, the employee or
his/her estate shall receive full pay for any compensatory time earned by the
employee during the last 30 days of employment.
14.1.7 Hours credited
for holidays, sick leave, vacation, and compensable injury shall be considered
as time worked for the purpose of computing overtime.
14.1.8 An employee
offered overtime will be excused at his request provided authorized personnel
are available and willing to meet the need, and shall not be offered it again
until his name comes up again in the seniority rotation.