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 employees
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 employees 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.
14.2 Call in Time
Eligible 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) hours pay at their overtime rate.
14.3 Sea Pay for Ship's Technicians
14.3.2 The normal
work day for Ship's Technicians shall consist of fifty-six (56) hours per
calendar week while at sea. For said work between forty (40) hours and
fifty-six (56) hours, said Ship's Technician shall be paid at the rate of 1.5
times their normal hourly rate.
14.3.3 Hours worked between
thirty-five (35) and forty (40) shall be compensated at straight time (1:1) one
hour's pay for each hour so worked.
14.3.4
"At sea" shall be defined as away from a
14.3.5 Only the
University's designated Ship's Technician Supervisor may authorize overtime
beyond the fifty-six (56) hour work week defined above. In the event said
overtime is so authorized beyond fifty-six (56) hours, then said additional
hours shall be subject to overtime pay at 1.5 time
their normal hourly rate. An employee may elect to take said overtime worked
above fifty-six (56) hours as time off with the approval of the Manager of
Marine Technicians.
14.3.6 When Ship's
Technicians are not at sea they shall be subject to overtime and compensatory
time as defined in this contract for non-sea going personnel.
14.3.7 All unit
sea-going personnel will be considered "at sea" when traveling to and
from the vessel. Eight (8) hours per day will be guaranteed for such travel and
any overtime beyond eight (8) hours must be authorized in advance in writing
when circumstances permit. If travel is via public conveyance, compensation
will be limited to eight (8) hours per day.
14.4 Sea pay for other
than Ship's Technicians
14.4.2 The normal
work day for all sea-going unit employees shall be eight (8) hours per day
while at sea.
14.4.3 For said work day sea-going unit employees shall be paid at the rate of 1.5 times their normal hourly rate for hours worked beyond eight (8) hours.
14.4.4 Hours worked
between seven (7) and eight (8) shall be compensated with compensatory time at
the rate of one hour for each hour worked.
14.4.5 Only the
immediate supervisor of the sea-going unit employees may authorize overtime
beyond the eight (8) hour work day defined above. When circumstances permit,
such authorization will be in advance and in writing.
14.4.6 Hours worked
beyond eight (8) on weekends and holidays will be paid at the rate of one and
one-half and can be authorized only by the employee's immediate supervisor.
Such authorization will be made in advance and in writing whenever
circumstances permit.
14.4.7 When said
employees are not at sea they shall be subject to the overtime provisions of
this contract as herein defined.
14.4.8 "At
sea" shall be defined as away from a
14.4.9 All unit
sea-going personnel will be considered "at sea" when traveling to and
from the vessel. Eight (8) hours per day will be guaranteed for such travel and
any overtime beyond eight (8) hours must be authorized in advance in writing
when circumstances permit. If travel is via public conveyance, compensation
will be limited to eight (8) hours per day.
ARTICLE XV
15.1 Sick Leave - Sick leaves 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 a contagious disease and may include absence due to illness or
death in the immediate family of the employee or necessary attendance upon a
member of the immediate family who is ill.
15.1.1 Employees
shall accrue four (4) hours of sick leave for each bi-weekly period of service.
15.1.2 When the total
accumulation shall amount to 875 hours (125 days) for an employee assigned to a
thirty-five (35) hour schedule or a 1000 (125 days) for an employee assigned to
a forty (40) hour work schedule, no further credit shall accrue until the total
shall have been reduced to less than the maximum.
When the service of
an employee shall be terminated by retirement (mandatory, voluntary or
involuntary), or death, such employee or their estate shall be entitled to
receive full pay for each hour of sick leave to their credit as of the date of
termination, according to the following formula:
A 35-hour a week
employee shall be entitled to receive a 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 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.
15.1.3 The
Administration may require a physician's certificate or other satisfactory
evidence in support of any request for sick leave with pay, but must require a
physician's certificate or other satisfactory evidence for each sick leave with
pay covering an absence of more than three (3) consecutive working days.
15.1.4 Sick leave
will be allowable for death in the family. Family shall include wife, husband,
child, mother, father, sister, brother, mother-in-law, father-in-law,
grandparents, grandchildren, step-parents, step-children, and any person living
in the employee's household.
15.1.5 Whenever an
employee shall be absent from his duties and receiving compensation as provided
in the Worker's Compensation Laws, he shall be granted a sick leave in
accordance with rules applicable thereto, in an amount not to exceed his
regular compensation. Deductions from accumulated credits shall be applied only
to that part of his salary which is paid as an addition to Workmen's
Compensation payments, and the total of the two 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.
15.1.6 Special Sick Leave - Any employee whose
employment required exposure to unusual employment hazard shall be granted
special sick leave credits not to exceed 120 hours in a calendar year if he is
a forty (40) hour employee or 105 hours in a calendar year if he is a
thirty-five (35) hour employee, a non-standard or non-scheduled employee. Such sick leave credits shall be available
and sick leave granted upon written recommendation by Office of Human Resources
that it has been determined by blood test 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.
15.1.7 Parental Leave
PTAA members with one year or more of service shall be granted six (6) weeks
of paid parental leave at the birth of a child or the placement of an adopted
child under the age of twelve (12) years.
PTAA members should provide at least one months notice prior to the
start of the leave, whenever possible.
When additional time
is needed beyond the six weeks because of medical reasons,
that time may be charged to sick leave with proper medical
documentation.
15.1.8 Borrowed Sick Leave - Employees shall
be permitted to borrow two (2) weeks of sick leave against future accumulation
in the next fiscal year, provided they have used all accrued vacation and sick
leave and other accrued paid leave.
15.1.9 Shared Sick Leave - The Administration and the PTAA shall
establish a Sick Leave Bank Committee, consisting of two members appointed by
the PTAA and two members appointed by the Administration. Each member of the PTAA may contribute one
(1) day per year of accumulated sick days to the Sick Leave Bank. To be eligible to receive sick days from the
sick leave bank, a member must have exhausted all accumulated leave (sick,
vacation and personal), must present medical documentation of a catastrophic
illness or injury that is not work-related, and must have borrowed two weeks of
sick leave in accordance with Article 15.1.8 of the collective bargaining
agreement. A PTAA member meeting these
criteria may request a specific number of days from the Sick Leave Bank
Committee, based upon financial hardship and health prognosis. The Sick Leave Bank Committee shall decide
the exact number of days a PTAA member may receive from the Sick Leave Bank up
to a maximum of six (6) months or approval of disability. Decision of the Sick Leave Bank Committee shall
be final and not subject to the grievance and arbitration provisions of the
contract.
15.1.10 Family Leave (Leave
Without Pay) - (a) Upon written application, a staff member may be granted a
leave without pay normally not to exceed six (6) months for reasons of personal
illness, disability or other purpose deemed proper and approved by the
President or his/her designee. Staff members on leave without pay due to
personal illness, disability, parental leave or family leave are eligible for
one (1) year of State paid health benefits and when applicable must pay the
employee's share of the optional health plans. If, in unusual circumstances a
leave is extended for more than one (1) year, the employee must transfer to a
direct payment plan, at the group rate, for his or her health care, if the
employee wishes to maintain coverage.
(b) Parental Leave
means leave by reason of the birth of a child of an employee or the placement
of a child 16 years of age or less with an employee in connection with adoption
of such child by the employee.
(c) A Family Leave is
for a family member defined as a parent, spouse, child, mother-in-law or
father-in-law. Family leave is granted by reasons of serious illness of a
family member. Serious illness is defined as disabling, physical or mental
illness, injury, impairment or condition that involves in-patient care in a
hospital, nursing home, hospice or out-patient care requiring continuing
treatment or supervision by a health care provider. The staff member shall
provide the University with written certification from the physician caring for
the person who is the reason for the employee's leave and such certification
shall state the probable duration of the employee's requested leave.
15.1.11 Reduced Workload - For reasons and period
of time listed in Article 15.1.11, employees may request a reduced workload
with a commensurate reduction in salary. If the workload is at least 20 hours,
health benefits shall be continued at the employer's expense, as provided in
the contract.
15.2 Special Time Off - Whenever it appears
desirable, in the best interest of the Board and its employees, to allow
collective absence from duty, the executive officer may excuse employees at a
stated time, provided that enough employees remain on duty to maintain contact
with the public and carry on crucial work.
15.2.1 Employees who
are required to work when other employees are so excused shall be paid their
regular rate of pay and in addition shall be granted, at the discretion of the
President, either compensatory time off or cash payment for this service at the
rate of one and one-half times for each hour worked.
15.3 Military Training Leave - 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 part of the state military force or special active duty as 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.
15.3.1 Should the
employee be required to participate in such training activities for a period
greater than fifteen (15) working days, he shall be granted leave without pay
for this period.
15.3.2 During the
period of military training leave without pay, the employee shall accrue sick
and vacation leave credits.
15.3.3 Such training
activities as defined in this section shall not include weekly drill nights or
similar drill period lasting less than one day or training periods voluntarily
engaged by the employee beyond the training period required generally of the
members of the respective armed service.
15.4 Bereavement Leave - Each employee shall be granted
leave with full pay for four (4) days for a death in the immediate family. Immediate family shall is as defined in
Article 15.1.4. One (1) day of
bereavement leave will be allowed for the death of a brother-in-law or
sister-in-law. Days needed beyond four
may be taken from sick leave.
15.5 Jury Duty - Every
employee covered by this Agreement who is ordered by the appropriate authority
to report for jury duty shall be granted a leave of absence from his regular
duties during the actual period of such jury duty and shall receive for such
period of jury duty his/her regular pay or his/her jury duty pay whichever is
greater.
15.6 Civic Duty - The Board agrees to grant Administrative
leave, leave with full pay, to an employee of the Bargaining Unit that is
required to appear before a court or tribunal of competent jurisdiction on
matters related to their work with the
15.7 Leave Without Pay
- It is agreed that, upon written application, an employee who has served his
probationary period may be granted a leave without pay, not to exceed six (6)
months, subject to renewal, for reason of personal illness, disability, or
other purpose deemed proper and approved by the President or his/her designee.
15.7.1 At the
expiration of such leave, the employee shall be returned to the position from
which he is on leave at pay rate the position would have if there had been no
leave.
15.7.2 For positions
which are supported by federal or other non-state funds, when said leave
expires, the employee shall be returned to the position from which he is on
leave or any other similar position at the pay rate the position would have if
there had been no leave for which he is qualified if said position exists.
15.7.3 Seniority
shall be retained during all leaves without pay.
15.8 Sabbatical Leave -
Employees in the bargaining unit shall be eligible for sabbatical leave which
he may take with the approval of the President for the purpose of advanced
study, independent research or pursuance of a higher academic degree at the
completion of six (6) years of employment.
15.8.1 An employee on
sabbatical leave shall receive for a period of one (1) year, half-pay, or for a
period of six (6) months, full-pay, with the understanding that he return to
his duties for at least one (1) year upon termination of the leave, unless by
mutual agreement between the employee and the President, it is deemed
inadvisable.
15.8.2 Upon his return
from sabbatical leave, an employee's salary shall be at the same pay rate the
position would have if there had been no leave, and he shall be returned to the
same level which he held at the time said leave commenced if it exists, or is
not a substantially equivalent level. A sabbatical leave of absence may be
extended without pay or increment for one (1) additional year.
15.8.3 As soon as
decisions are made regarding sabbatical leaves the President or his/her
designee shall furnish the
15.9 Leave for Professional Development -
Members who have served for at least two (2) years full-time may be granted
short-term leaves of absence to pursue professional development at workshops,
seminars, and conventions. This leave shall be granted at regular pay and the
recipient upon termination of the leave shall return to his/her duties at the
University. Applications for such leaves shall be made six (6) weeks prior to
the date for which the leave is required. In certain circumstances, shorter
notice for such leave may be considered.
15.10 Leave for Graduate Study - An employee
who has served at least three (3) years may, upon written approval of the
President, be granted a leave of absence for the purpose of pursuing graduate
study for a period of either a year or a half-year.
15.10.1 An employee applying
for such leave may apply for leave without pay or leave at one-quarter pay for
either period of time. In either case, there is the understanding that the
employee will return to his duties upon termination of the leave for a period
equivalent to one (1) year for each half year of leave, unless by mutual
agreement between the employee and the President, it is deemed inadvisable.
15.10.2 The employee
applying for such leave shall present to the President the plan of study he
expects to pursue while on leave which must be approved by the President before
the request for leave is granted. At the close of the period of leave, he shall
file an appropriate report with the President.
15.10.3 If an
employee resigns and does not return after leave, money received must be
returned to the University.
15.10.4 An employee
who is on leave for graduate study and who is receiving a salary from the Board
shall be permitted to accept financial aid in the form of a fellowship or scholarship
which does not require the performance of teaching or other duties that would
prevent him from pursuing a full program of graduate study.
15.11 Holidays - The
following, as approved by the Rhode Island General Assembly and as long as
these days, or others that may be added or deleted by the General Assembly,
continue to be designated as State employee work holidays by the General
Assembly, shall constitute the official holidays:
New Year's Day
Columbus Day
Martin Luther King
Day
Veterans Day
Memorial Day
Thanksgiving Day
Independence Day
Any day on which a general election or State Officers is held, as Election Day
Victory Day
Christmas Day
Labor Day
15.11.1 Each employee
shall be entitled to time off at his regular rate of pay for the holidays
specified above when such holidays fall on his regularly scheduled work days,
and shall be credited with the number of hours in his official work schedule
for that day.
15.11.2 When any
holiday shall fall on the scheduled day off within the scheduled work week of
any employee, the next scheduled work day shall be substituted for the holiday.
15.11.3 If a holiday
falls on a regularly scheduled work day within an employee's vacation period,
the employee shall not be charged annual leave for his absence on that day.
15.12 Annual Vacation - The annual vacation
for a full-time employee shall be fifteen (15) working days during the first
three (3) years of employment, twenty-two (22) working days thereafter. Subject to R.I. General Laws, 36-6-18,
employees with twenty (20) years state service will receive an additional five
(5) days of vacation. Working days shall refer to five (5) seven-hour days or
five (5) eight-hour days per week, Monday through Friday, and exclusive of scheduled
holidays. Vacation time for employees who work less than full time, on a
calendar year basis, shall be computed on a pro-rata basis.
15.12.1 Vacation time
shall be allowed to accumulate to a maximum of thirty (30) working days for those
earning fifteen (15) working days per year or forty-four (44) working days for
those earning twenty-two (22) working days per year or to fifty-four (54) days
for those earning twenty-seven (27) working days per year. Time and number of
days of vacation to be taken are to be mutually agreed to in advance by the
employee, the employee's immediate supervisor and the appropriate
Dean/Director. In the event that the employee is denied reasonable opportunity
to take vacation in the total amount accumulated each year, then upon proof of
denial of such reasonable opportunity, said employee shall be able to
accumulate a maximum beyond the thirty (30) or forty-four (44), or fifty-four
(54) working days set out in the first sentence of this paragraph.
On December 31 of any
given year, vacation time which has accumulated in excess of the maximum
accrual shall be forfeited. In the event that the employee is denied reasonable
opportunity to take vacation in the total amount accumulated each year, then
upon proof of such denial of such reasonable opportunity provided to the
Assistant Vice President for Human Resource Administration, said employee shall
be able to accumulate a maximum of ten (10) work days beyond the maximum
accrual set out in the first paragraph. In no case shall an employee be denied
a reasonable opportunity to take at least ten (10) consecutive vacation days
twice per year.
Termination - When
the service of an employee is terminated by resignation, retirement, or death,
if such employee shall not have used actual vacation time equal to the vacation
credits outstanding on his account, he or his estate shall receive full pay for
each day of vacation leave to his credit as of the date of termination, up to
his/her maximum accrual.
15.12.2 Grant Funded Personnel
- When the source of funding for an employee's salary is shifted from one grant
to another, all properly accrued vacation time will automatically be carried
over unless the employee requests to be paid for the time. Employees wishing to
be paid for accrued vacation time shall request payment through the Office of
the Dean. The Dean may at his discretion act affirmatively or negatively on the
request or a portion thereof. If the request for payment is denied, the accrued
vacation time will be carried over to the new grant. If the employees covered
by this Agreement are unable to reach agreement, with their immediate
supervisor as to the time period for taking vacation, then the impasse will be
forwarded to the Dean who will resolve the matter by designating the time when
the vacation will be taken. The Dean shall attempt to resolve the dispute in a
manner which is fair and equitable to the employee and at the same time does
not conflict or disrupt the work requirements.
15.13 Personal Leave -
Each full-time calendar year staff member shall be entitled to up to four (4)
days leave of absence with pay each year for emergencies or to attend to
personal matters and/or religious observance which cannot be reasonably
attended to outside of the normal work day. This personal leave may be used for
the one-half day before a day of religious observance, as well as time off for
days of religious observance. Staff
members shall not be required to give a reason as a condition of utilizing this
personal leave, but prior approval must be obtained from the immediate
supervisor to assure that the absence does not interfere with the proper
conduct of the office. Personal leave credits cannot be carried over from
calendar year to calendar year.
The following
schedule shall apply for all new employees in their first year of employment
for the distribution of personal leave:
Employees appointed
between January 1 and April 30 shall be entitled to four (4) personal days as
provided in this article. Employees appointed between May and August 31 shall
be entitled to three (3) personal leave days as provided in this article.
Employees appointed after September 1 shall be entitled to two (2) personal
leave days as provided in this article.
15.14.1 Disabled Employees - The Administration
and the
15.14.2 If after a
staff member has used all accrued sick, vacation, and personal leave and he/she
is still unable to resume the essential functions of the position he/she shall
apply for disability insurance (ERS or TIAA) as applicable, apply for a leave
without pay or resign his/her position.
ARTICLE XVI
GRIEVANCE PROCEDURE
16.1 For the purpose
of this agreement, the term "Grievance" means any difference or
dispute between the Board and the Union or between the Board and any employee
with respect to the interpretation, application, or violation of any of the
provisions of this agreement.
16.2 There shall be a
grievance procedure as follows:
16.2.1 A grievance
shall be presented by the aggrieved to his immediate supervisor within ten (10)
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 render a decision within two (2) working days.
16.2.2 If the
grievance is not resolved in step 1, it shall be submitted in writing within
three (3) working days of its receipt by the
16.2.3 If the
grievance is not resolved in step 2, it shall be submitted within five (5)
working days of the Union's receipt of the President's decision to the
Commissioner of Higher Education or his designee, who shall grant a hearing
within ten (10) working days of the receipt of the grievance, and shall render
a written decision within ten (10) working days of the conclusion of the
hearing.
16.3 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.
16.4 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. It
shall be the responsibility of the aggrieved to forward copies of grievance
letters and responses thereto at each successive step of the grievance
procedure.
16.5 Either party to
this agreement shall be permitted to call witnesses as part of the grievance
procedure. The Board, on request, will produce payroll and other records, as
necessary. Employee witnesses who are state employees and grievants
will receive their regular rate of pay for time spent processing grievances.
Such time spent shall be subject to approval of the appropriate chief
administrator, which should not be unreasonably withheld.
16.6 It is also
agreed that in all cases of dismissal the aggrieved may go immediately to step
3 of the grievance procedure. It is further agreed that either party may submit
a grievance to each other and proceed immediately to step 3.
16.7 Decisions
rendered shall be forwarded to the
16.8 For the purposes
of this article, the following definitions shall apply:
16.8 (a) "Within
a working day" shall mean prior to the end of the shift on working day
following receipt of the grievance, and shall be exclusive of weekends,
vacations, and holidays.
16.8 (b)
"aggrieved" shall mean either the employee and/or the
16.9 ARBITRATION - If
a grievance is not settled under this Article, such grievance shall, at the
request of the
16.10 The decision of
the arbitrator shall be final and binding upon the parties except where the
decision would require an enactment of legislation, in which case it shall be
binding only if the legislation is enacted. The expense of such arbitration
shall be borne equally by the parties.
16.11 Only grievances
arising out of the provisions of this contract relating to the application or
interpretation or violation thereof may be submitted to arbitration.
16.12 All submissions
to arbitration must be made within thirty (30) calendar days after the
grievance procedure decision.
ARTICLE XVII
OUTSIDE EMPLOYMENT
17.1 The Board of Governors for Higher Education, the University of Rhode Island, and the Union agree that if and when the University or other employer offers employment to a member of the bargaining unit such work may be accepted with pay providing such work and its preparation are done outside the individual's working hours and that the work and its preparation do not interfere with the performance of the individual's job duties and responsibilities.
ARTICLE XVIII
STUDENT EMPLOYMENT
18.1 The parties agree that the primary function of student workers is to assist University employees and not supervise or direct members in Local 2877.
ARTICLE XIX
SALARY PROVISIONS
19.1
Effective July 1, 2004, employees shall receive a 1.0 percent
across-the-board salary increase plus 2.5% equity increase. Effective
19.2
Effective July 1, 2005, employees shall receive a 3.5 percent across-the-board
salary increase. Effective
19.3
Effective July 1, 2006, employees shall receive a 3.5 percent across-the-board
salary increase. Effective
ARTICLE XX
RECLASSIFICATION APPEAL PROCESS
20.1 The purpose of this appeal process is to
remedy inequities in the placement of positions in pay grades of members of the
PTAA bargaining unit.
20.2 During the term of this agreement, any
employee who claims that his/her job description has been changed, or that
he/she has undertaken additional job responsibilities, or that his/her job
situation is unique so as to constitute an inequity with respect to the
members present grade classification shall have the right to appeal for a
grade change as follows:
20.3 a. The
employee shall request a review by the Office of Human Resource Administration
who will meet with the individual and the
20.3 b. The Office of Human Resource
Administration will respond in writing to the employee and the
20.3 c. If
agreement is reached with the employee and the
20.3 d. If
an agreement cannot be reached with the employee, the appeal will be directed
to the committee specified in paragraph 22.4.
20.4 a. The employee shall request a review by
a three (3) member committee comprised of one (1) member appointed by the
University President, one (1) member appointed by the President of the Union
and one (1) member appointed by the President of the University with the
approval of the
20.4 b. The committee will meet with the
employee within two (2) weeks following receipt of the request.
20.4 c. The
employee and/or the
20.4 d. The
majority decision of the committee shall be set forth in writing, with reasons,
within one (1) week following the meeting.
Personnel Review Committee
20.5 a. Written decisions of the above-mentioned committee will be forwarded
to the Board of Governors Personnel Review Committee (PRC), the employee, and
the
20.5 b. The Personnel Review Committee will
consider the appeal at its next regularly scheduled meeting.
20.5 c. Decisions
by the committee shall be reviewed by the Personnel Review Committee in an
impartial and judicious manner.
20.5 d. The
Personnel Review Committee shall render its final decision within fifteen (15)
days of the hearing. This decision shall
be in writing.
20.5 e. If the appeal is denied, specific
reasons, based on the evidence presented, shall be set forth. Denials shall not be based upon monetary
reasons. A simple majority vote is required
for a decision.
20.6 The employee and the
ARTICLE XXI
NO STRIKES OR LOCKOUTS
21.1 The
21.2 It is agreed
that all provisions of this agreement are binding on each of the individuals covered
by this contract.
ARTICLE XXII
ALTERATION OF AGREEMENT
22.1 It is hereby
agreed that any alteration or modification of this agreement shall be binding
upon the parties hereto only if executed in writing and signed by the parties.
22.2 The waiver of
any breach or condition of this agreement by either party shall not constitute
a precedent in the future enforcement of all the terms and conditions herein.
ARTICLE XXIII
SAVINGS CLAUSE
23.1 Should any
provision of this agreement or any application thereof be unlawful by virtue of
any federal or state law, such provision of this agreement shall be null and
void, but in all other respects the provision of this agreement shall continue
in full force and effect for the life thereof.
ARTICLE XXIV
IMPLEMENTATION PROVISION
24.1 The parties
agree that the new contract herein negotiated shall be for the time period of
July 1, 2004, to June 30, 2007.
24.2 Except as otherwise expressly changed or amended herein, the parties mutually agree that all provisions contained within the existing agreement shall remain in full force and effect for the term of the new agreement.
24.3 Contract
provisions expressly changed or amended herein shall be in full force and
effect until expiration of the new agreement.
24.4 The parties
further agree and recognize that the existing agreement and negotiated
improvements are the result of intensive negotiation efforts made by the
existing parties to the agreement, that is, the Board of Governors for Higher
Education and the PTAA - Local 2877, AFSCME Council 94, AFL-CIO.
ARTICLE XXV
TERMINATION OF AGREEMENT
25.1 This agreement
shall be effective as of the 1st day of July, 2004, and shall remain in full
force and effect until the 30th day of June, 2007.
It shall be automatically
renewed from year to year thereafter, commencing the 1st day of July, 2007,
unless either party shall notify the other in writing at least ninety (90) days
prior to the anniversary date that it desires to modify this agreement.
25.2 This agreement
shall remain in force during negotiations.
In the event that
either party desires to terminate this Agreement, written notice must be given
to the other party not less than ten (10) days prior to the desired termination
date which shall not be before the anniversary date set forth in the preceding
paragraph.
Appendix A-1
PTAA PAY PLAN
EFFECTIVE
(3.5% Total: 1% ATB, 2.5% Equity Increase)
PAY GRADE MINIMUM MID MAXIMUM
1 20,919 23,535 26,150
2 22,307 25,111 27,914
3 23,750 26,766 29,781
4 25,233 28,594 31,954
5 26,989 30,604 34,219
6 28,459 32,624 36,788
7 30,549 35,048 39,547
8 32,745 37,706 42,667
9 35,229 40,837 46,444
10 37,750 43,997 50,243
11 40,778 47,498 54,218
12 43,907 51,397 58,886
13 47,385 55,460 63,535
14 50,984 59,909 68,833
15 55,083 64,694 74,304
16 59,313 69,973 80,634
17 63,834 75,391 86,949
Appendix A-2
PTAA PAY PLAN
EFFECTIVE 07/01/05 (3.5%)
PAY GRADE MINIMUM MID MAXIMUM
1 21,651 24,359 27,065
2 23,088 25,990 28,891
3 24,581 27,703 30,823
4 26,116 29,595 33,072
5 27,934 31,675 35,417
6 29,455 33,766 38,076
7 31,618 36,275 40,931
8 33,891 39,026 44,160
9 36,462 42,266 48,070
10 39,071 45,537 52,002
11 42,205 49,160 56,116
12 45,444 53,196 60,947
13 49,043 57,401 65,759
14 52,768 62,006 71,242
15 57,011 66,958 76,905
16 61,389 72,422 83,456
17 66,068 78,030 89,992
Appendix A-3
PTAA PAY PLAN
EFFECTIVE 07/01/06 (3.5%)
PAY GRADE MINIMUM MID MAXIMUM
1 22,409 25,212 28,012
2 23,896 26,900 29,902
3 25,441 28,673 31,902
4 27,030 30,631 34,230
5 28,912 32,784 36,657
6 30,486 34,948 39,409
7 32,725 37,545 42,364
8 35,077 40,392 45,706
9 37,738 43,745 49,752
10 40,438 47,131 53,822
11 43,682 50,881 58,080
12 47,035 55,058 63,080
13 50,760 59,410 68,061
14 54,615 64,176 73,735
15 59,006 69,302 79,597
16 63,538 74,957 86,377
17 68,380 80,761 93,142
Appendix B
The following is a
list of the employee classifications represented by the bargaining unit as of
the signing date of the contract. An updated list is maintained by the
University and may be obtained from the Universitys Human Resources Office.
TITLE HOURS GRADE
Accountant
(International Research) 35** 9
Accountant (Research
Receivables) 35** 9
Accountant (Cash
Reconciliation) 35** 9
Administrative
Assistant III 35* 6
Administrative
Secretary II 35* 4
Animal Technician 35** 3
Artist 35* 10
Clinical Counselor 35** 13
Editor 35* 10
Educator III 35** 14
Educator IV 35** 16
Hall Director 35*** 5
Information
Technologist 35** 10
Jr. Programmer
Analyst 35* 8
Jr. Programmer
Consultant 35* 8
Laboratory Technician
II 35** 11
Lead Database Support
Tech 35** 14
Lead Information
Technologist 35** 14
Lead Programmer
Analyst 35** 14
Lead Programmer
Consultant 35** 14
Marine Research
Assistant I 35*** 1
Marine Research
Assistant II 35*** 3
Marine Research
Assistant III 35*** 5
Marine Research
Assistant IV 35*** 7
Appendix B
Page 2 of 3
TITLE HOURS GRADE
Network Technician 35** 8
Network Technician II 35** 10
Network Technician
III 35** 12
Network Technician IV 35*** 14
OIS Customer Service
Rep 35** 8
Photographer,
Scientific 35** 9
Programmer Analyst 35** 10
Programmer Consultant 35** 10
Research Assistant I 35*** 1
Research Assistant II 35*** 3
Research Assistant
III 35***
5
Research Assistant IV 35*** 7
Senior Information
Technologist 35** 12
Senior Programmer
Analyst 35** 12
Senior Programmer
Consultant 35** 12
Senior Technical
Programmer 35** 14
Ships Technician I 35*** 8
Ships Technician II 35*** 10
Ships Technician III 35*** 12
Ships Technician IV 35*** 13
Ships Technician V 35*** 14
Technologist, Imaging
Services 35** 9
Technical Programmer 35** 12
Technician (Ice Rink) 40** 6
Technical Writer 35** 11
Technician I 35* 7
Appendix B
Page 3 of 3
TITLE HOURS GRADE
Technician II 35* 9
Technician III 35* 11
University
Photographer 35** 11
University Police
Lieutenant 40****** 10
University
Psychologist 35** 14
Writer 35* 10
* 11.1.1
Schedule
** 11.1.2
Schedule
*** 11.1.3 Schedule
**** 11.1.4 schedule
***** 11.1.5 schedule
****** 11.1.6 schedule
MEMORANDUM OF AGREEMENT
BETWEEN PTAA/AFSCME
AND BOARD OF GOVERNORS/UNIVERSITY OF
RE: Academic Year Positions
2004-07 CONTRACT
This memorandum of
agreement is entered into by and between the PTAA and the Board of
Governors/University of
The parties hereby
agree:
1. Academic year
positions shall normally consist of at least twenty (20) pay periods but less
than twenty-six (26) pay periods per year. The posting of such a position shall
include a statement of the position's status as well as the dates of the
employment period.
2. These pay periods
shall be consecutive. When the employee is not working, for example during the
summer months, the employee shall be placed on furlough.
3. The furloughed
employee will retain the sick leave, personal leave and annual leave balances
he/she had at the commencement of the furlough consistent with other provisions
of the Agreement.
4. Furloughed
employees shall not earn any leave accruals during the furlough period.
5. When the furlough
period has ended, the employee shall resume the position held prior to
furlough.
6. The salary consideration
date shall remain the same as it was when the employee was furloughed, i.e., an
employee shall receive wage increases as if there were no break in service,
except for probationary employment.
7. If the employee
was serving a probationary period at the time he/she was furloughed, the
probation will resume where it left off at the time the furlough commenced.
8. Seniority shall
continue to accrue through the furlough period as if there were no break in
service.
9. Health benefit
coverage as provided in the Contract shall remain in effect during the
furlough. An employee shall pay his/her portion of health benefit and life
insurance costs in order to have coverage through the furlough period.
10. When the
University changes the work year of an employee, it shall notify said employee
and the union thirty (30) days prior to effecting such change. The University
shall also notify the PTAA president when it changes the work year of a vacant
bargaining unit position or when it establishes an academic year position.
11. The University
shall not convert from calendar year to academic year basis the positions
currently occupied by bargaining unit employees hired prior to September 1,
1990 while he/she remains in such position without the agreement of said
employee. However, such agreement shall not be required of employees hired on
or after September 1, 1990 who may, if eligible under Article 13, assert
bumping rights in the event his/her position is converted.
12. An academic year
position which is full time shall be considered full time for purposes of
tuition waiver, and the break in service (furlough) shall be considered as time
worked for purposes of eligibility for tuition waiver, consistent with other
provisions of the Agreement.
13. Furlough shall be
defined as the break in service between periods of employment.
14. An employee in an
academic year position may assert the seniority rights of Article XIII only
over other employees in academic year positions.
15. PTAA
members who are on academic year appointments shall be granted eleven (11)
vacation days. The use of this time
shall be determined by prior approval of his/her supervisor, and the
appropriate Dean/Director, and the use of such time shall not be unreasonably
withheld. These vacation days shall be
taken during student breaks, i.e., on the Friday after Thanksgiving, during
Christmas recess or Spring recess.
16. Personal days will be prorated for academic year employees.
LETTER OF AGREEMENT
RE: 1997-1999 BOARD OF GOVERNORS--URI/PTAA CONTRACT
Concerning Section 11 of the Letter of Agreement
on Academic Year Positions
During the term of this contract the
University shall not convert from calendar to academic year the work year of an
employee hired on or after
This letter shall expire on
LETTER OF UNDERSTANDING
Between PTAA and the
Re: Contract Appendix B
The
parties agree that those titles in Appendix B in the 2004-07 contract
listed below and which do not reflect a work week indicator shall be converted
as indicated as said positions become vacant or as upgrades occur on an
individual basis.
POSITION FROM TO
Educator(s)
** ***
Cooperative Extension
Assistant * ***
Cooperative Extension
Associate ** ***
Photographer, Scientific * **
Laboratory Technician
II * **
Programmer
positions
* **
This
letter of understanding shall remain in full force and effect until
LETTER OF AGREEMENT
The
parties agree that there may be situations in which members of the bargaining
unit have been assigned permanent responsibilities for an increased workload
which do not warrant pay grade increases.
In
such circumstances, an employee may initiate a review on the above.
Supervisors
may also recommend, with written approval of the appropriate
vice-president/provost, to human resources a 3%-5% in-grade increase for such
employee, not to exceed the maximum of the pay grade. The union will be notified of all such
awards. In the event of a denial, the
union and the employee will receive notification in writing stating the reason
for denial within thirty (30) days of the recommendation or request.
The
decision regarding the granting of such an increase shall rest with the
president, or designee, and shall not be grievable.
All
such recommendations must be forwarded to Human Resources.
LETTER OF AGREEMENT
New
employees may be hired up to the maximum of the salary range for the position
with the approval of the Office of Human Resource Administration.
In
the event the University hires a new employee above the minimum of the pay
grade, members of the bargaining unit employed within the same classification,
whose salaries are below that of the new hire, may petition the Office of Human
Resources for a review of their salary based on the criteria established by the
department for hiring above the minimum.
The Office of Human Resources shall compare the education, experience
and specific qualifications of the new hire to determine whether a salary
adjustment is appropriate. The
determination by the Office of Human Resources shall be in writing.
In
the event of a proposed reorganization, the parties recognize the obligation to
bargain with the collective bargaining agent pursuant to Article I, Recognition
Memorandum
of Agreement
Between
PTAA,
Local 2877
And
Board
of Governors /
In order to recognize and reward members of the bargaining unit for outstanding performance, the University agrees to establish a merit pool in the amount of $35,000.00 in FY2005/06 and $40,000 in FY2006/07.
Members
will be eligible to receive a one-time lump sum merit bonus not accruing to
their salary base, in the amounts listed below and paid out for the fiscal
year:
$500.00
$750.00
$1,000.00
The Vice President/Provost may ward merit bonuses based on the recommendations of the deans/department directors, along with completed annual evaluations. Evaluations and recommendations will be completed no later than March 30th, and merit increases will be distributed prior to the end of June. The union will be notified of the individual merit increases prior to payment. The decisions of the Vice President/Provost concerning the awarding of merit bonuses shall not be grievable.
This
memorandum expires
_______________________________________ ______________________________________
Board of Governors for
Higher Education President,
URI/PTAA
_______________________________________ ______________________________________
Date Date
SPECIAL
PURPOSE AGREEMENT
The parties hereto,
1.
The parties will create a one-time only
committee to review the need for an on-call schedule for Network Technicians.
2.
The Committee will be made up of three
(3) members chosen by the University and three (3) members chosen by the Union
which will include one Network Technician with over two (2) years at the
University.
3.
The Committee will start meeting three
(3) weeks after the signing of this Agreement.
4.
The Committee will be charged with the
duty of investigating other means for on-call for Network Technicians.
a.
Background information will be reviewed
as to what is an emergency requiring on-call coverage.
(Definition of an emergency).
b.
Who would make that determination.
c.
Who would make calls for coverage.
d.
Are there other means to handle
emergency situations.
5.
The Committee will report in ninety
(90) days and make recommendations concerning the need for Network Technicians
being on-call requirements.
6.
The parties hereto, if mutually
agreeable, will adopt any of the recommendations of the Committee.
FOR THE BOARD OF GOVERNORS FOR
PTAA
_____________________________________ _____________________________________
DATE:________________________________ DATE:________________________________
LETTER OF AGREEMENT
Between the
PROFESSIONAL/TECHNICAL ADMINISTRATIVE ASSOCIATION,
Local 2877, Council 94, AFL-CIO
And the
URI DEPARTMENT OF HOUSING AND RESIDENTIAL LIFE:
OVERTIME/COMPENSATORY TIME OFF
The University and the
1.
Compensatory time off under this
procedure shall be earned for time worked in excess of the thirty-five (35)
hour work week, as specified in HOURS OF WORK, SALARY RANGES, AND WORKING
CONDITIONS and APPENDIX B in the current contract between the Rhode Island
Board of Governors for Higher Education and the Professional/Technical
Administrative Association, Local 2877, Council 94, AFL-CIO.
2.
Hours worked over the thirty-five (35)
hour work week shall be compensated with compensatory time off at the rate
specified in the OVERTIME, CALL-IN TIME AND SEA PAY provisions of said
contract.
3(a) Over thirty-five (35) hours. In exchange for job duties and
responsibilities performed during the academic year in excess of the
thirty-five (35) hour work week, HDs shall earn 119 hours of compensatory time
off. Said compensatory time shall be
discharged during Intersession and Spring Break, as defined by the Office of
the Registrars University Calendar, or on occasional days during the course
of each semester with prior approval from the Director of Housing and
Residential Life; such permission shall not be unreasonably withheld.
3(b) Spring and fall residence hall closings. In exchange for job duties and
responsibilities performed in excess of thirty (35) hours during fall and
spring semester residence hall closings, HDs shall earn twenty-one (21) hours
of compensatory time off. Said
compensatory time shall be discharged during Intersession and Spring Break, as
defined by the Office of the Registrars University Calendar, or on
occasional days during the course of each semester with prior approval from the
Director of Housing and Residential Life; such permission shall not be
unreasonably withheld.
3(c) Resident
Assistant (RA) training & fall semester, residence hall opening. In exchange for job duties and
responsibilities performed in excess of thirty-five (35) hours during fall
Resident Assistant (RA) training and fall semester, residence hall openings,
HDs shall earn compensatory time off at the rate specified in the OVERTIME,
CALL-IN TIME AND SEA PAY provisions of said contract. Said compensatory time shall be paid as
overtime on the bi-weekly payroll. The
number of additional training and opening work hours shall be mutually
determined prior to RA training by the union area steward(s) and chief steward
and the Director of Housing and Residential Life or his/her designee.
3(d) Emergencies, special work and projects within a HDs
assigned residence halls. Emergencies, special work and projects within
a HDs assigned residence halls which are authorized by the Director of Housing
an Residential Life and fall beyond the scope of the present HD position
description shall be compensated according to the OVERTIME, CALL-IN TIME AND
SEA PAY provisions of said contract; compensatory time off shall be paid as
overtime if not discharged within thirty (30) calendar days.
3(e) Emergencies, special work
and projects outside a HDs assigned residence halls. Emergencies, special work and projects
outside a HDs assigned residence halls which are authorized by the Director of
Housing and Residential Life and fall beyond the scope of the present HD
position description shall be assigned according to the principle of seniority
and shall be compensated according to the OVERTIME, CALL-IN TIME AND SEA PAY
provisions of said contract; compensatory time off shall be paid as overtime if
not discharged within thirty (30) calendar days.
4. This agreement shall be automatically renewed
after commencing the tenth day of January, 1996, unless either party shall
notify the other in writing at least ninety (90) days prior to August 31 of the
calendar year.
5. A
record of overtime compensation, signed by each member, shall be furnished to
the Director of Housing and Residential Life and to the
6. No change shall be made in this agreement
unless mutually agreed in writing by both parties as designated below.
FOR THE BOARD OF
GOVERNORS: FOR
THE
______________________________________ ___________________________________
DATE:_________________________________ DATE:______________________________
AGREEMENT
The undersigned parties, the
1.
The standard work week for ice
technicians will be 40 hours per week.
Ice technicians will be eligible for paid overtime (time and one-half)
for hours worked in excess of 40 hours per week.
2.
The schedule for these positions will
be days off and hours may vary according to business need as determined by
Global Spectrum and will be posted as such in the event of a vacancy. The schedule may be set so that employees
will not work five (5) consecutive days.
3.
The ice technicians will be required to
wear uniforms supplied by Global Spectrum.
4.
In the event of a vacancy the
University may be required to replace a full-time employee with an emergency
appointment until such time as to posting/interview process has been completed.
5.
Whenever an ice technician is required
to work on a holiday which falls on their regular scheduled work day; they
shall be credited with the number of hours in their official work schedule for
that day, plus the number of hours in their official work schedule for that
day, plus the number of hours actually worked.
The hours actually worked shall be compensated at the rate of one and
one-half times.
6.
This agreement and the provisions
hereunder shall not constitute a precedent by either party and shall not be
introduced or referred to in any grievance, or other proceeding involving the
parties, except for the sole purpose of enforcing the provisions hereof.
FOR THE BOARD OF GOVERNORS: FOR
THE
__________________________________ ____________________________________
DATE:____________________________ DATE:_______________________________
IN WITNESS
WHEREOF,, the parties hereto have set their hands on
this day of _____ day of _________, 2006.
For the Board of Governors For URI/PTAA, Local 2877,
for
Higher Education
AFSCME,
AFL-CIO.
_____________________________ _______________________________
Chairman, Board of Governors President,
URI/PTAA, Local 2877
for
Higher Education
_____________________________ ________________________________
Commissioner of Higher Education Chairman,
Negotiation Committee
_____________________________ ________________________________
President, The
_____________________________ ________________________________
Director, Labor Relations Committee
Member
_______________________________
Committee Member
_______________________________
Committee Member
_______________________________
Committee Member
_______________________________
Committee Member
_______________________________
Chief Negotiator, Council 94
_______________________________
Executive Director, Council 94
AGREEMENT
BETWEEN
RHODE
AND
UNIVERSITY
OF
LOCAL
2877
AMERICAN
FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
AFL
- CIO
TABLE OF CONTENTS
Page
PURPOSE 1
MEMORANDUM OF
AGREEMENT 1
ARTICLE I RECOGNITION
1
ARTICLE II MANAGEMENT RIGHTS 1
ARTICLE III
3.1 Time off 2
3.3 Union
Business 2
3.4 Notification
of Elected Officers
2
3.5 Central
Mail
2
3.6 Access
to Information 2
3.7 Institutional
Planning 2
3.8 Reorganization 2
3.9 Meetings
with President
2
3.10 Office
Space 2
3.11 University
Committees
2
ARTICLE IV NON-DISCRIMINATION 3
4.1 No
Discrimination 3
4.2 Gender
Designation
3
4.3 Union
Membership 3
4.4 Union
Representation 3
4.5 Non
Discrimination by the Board 3
ARTICLE V DUES DEDUCTION - AGENCY SHOP
3
5.2 Bi-weekly Deduction of Union Dues
3
5.3 Union Dues Authorization 3
ARTICLE VI BULLETIN BOARDS 3
ARTICLE VII POSTING & FILLING OF NEW & VACANT
POSITOINS 3
7.1 Application
Time Period
3
7.2 Job
Specifications
4
7.3 Affirmative
Action Compliance 4
7.4 Job
Title or Description Change
4
7.5 Salary
Increase 4
ARTICLE VIII EMPLOYEE COMPENSATION IN A DIFFERENT
4
CLASSIFICATION
8.1 Working Out of Classification 4
8.2 Return To
Previous Position 4
ARTICLE IX DISCIPLINE AND DISCHARGE 4
9.1 Reprimand
4
9.2 Types
of Action
5
9.3 Written
Notification 5
9.4 Just
Cause Grievance
5
9.5 Demotion
& Written Notice 5
9.6 Restoration
& Compensation
5
9.7 Demotion
Upon Request 5
ARTICLE X PERSONNEL FILES 5
10.1 Number
5
10.2 Contents
5
10.3 Right
to Examine
5
10.4 Anonymous
Material
6
10.5 Copies
6
10.6 Use
of Materials
6
10.7 One
File
6
10.8 Civil
Service
6
10.9 Evaluation
6
10.10 Anonymous material
6
10.11 Personnel Files
6
ARTICLE XI HOURS OF WORK,
11.1 Three
Work Weeks 6
11.2 Work
Schedule
6
11.3 Breaks
and Meal Periods
6
11.4 Changes
to Work Schedules
7
11.5 Working
Conditions--Safety Equipment
7
ARTICLE XII FRINGE BENEFITS 7
12.1 Retirement 7
12.2 Tax
Deferred Annuity Program
7
12.3 Disability
Insurance
7
12.4 Group
Life Insurance 7
12.5 Health
Benefits
8
12.6 Travel
Reimbursement
8
12.7 Tuition
Waiver 8
ARTICLE XIII SENIORITY AND LAYOFFS 9
13.1 Principle
of Seniority 9
13.2 Probationary
Employees
9
13.3 Loss
of Seniority 9
13.4 Layoffs 10
13.5 Notification 10
13.6 Placement 10
13.7 Re-employment
Lists 10
13.8 Limited
Period Positions 10
13.9 Recalls 11
ARTICLE XIV OVERTIME, CALL-IN TIME AND SEA PAY 11
14.1 Overtime 11-12
14.2 Call-In
Time 12
14.3 Sea
Pay Ship's Technicians 12-13
14.4 Sea
Pay Other than Ship's Technicians 13
ARTICLE XV LEAVES 13
15.1 Sick Leave 13
Special Sick Leave 14
Maternity Leave 14
Parental Leave 14
Borrowed Sick Leave 14
Shared Sick Leave 14
Family Leave 15
Reduced Workload 15
15.2 Special Time Off 15
15.3 Military Training Leave 15
15.4 Bereavement Leave 16
15.5 Jury Duty 16
15.6 Civic Duty 16
15.7 Leave Without Pay 16
15.8 Sabbatical Leave 16
15.9 Leave for Professional Development 16
15.10 Leave for Graduate Study 17
15.11 Holidays 17
15.12 Annual Vacation 17
15.13 Personal Leave 18
15.14 Disabled Employees 18
ARTICLE XVI GRIEVANCE PROCEDURE 19
16.1 Definition 19
16.2 Procedure 19
16.3 Time
Limits 19
16.5 Witnesses 19
16.6 Dismissal 19
16.7 Copies
of Decision 19
16.8 "Working
Day" and "Aggrieved 19
16.9 Arbitration 20
ARTICLE XVII
OUTSIDE EMPLOYMENT 20
ARTICLE XVIII STUDENT EMPLOYMENT 20
ARTICLE XIX
SALARY PROVISIONS 20
ARTICLE XX
RECLASSIFICATION APPEAL PROCESS 21
ARTICLE XXI NO
STRIKES OR LOCKOUTS 22
ARTICLE XXII
ALTERATION OF AGREEMENT 22
ARTICLE XXIII
SAVINGS CLAUSE 22
ARTICLE XXIV IMPLEMENTATION
PROVISIONS 22
ARTICLE XXV TERMINATION OF AGREEMENT 23
APPENDIX A PAY SCHEDULES 24
Appendix
A-1 (2004-05) 24
Appendix
A-2 (2005-06) 25
Appendix
A-3 (2006-07) 26
APPENDIX B JOB TITLES 27
MEMORANDUM OF
AGREEMENT Re: Academic Year Positions 30
LETTER OF AGREEMENT
Re: Section 11 of Memorandum of
Agreement Regarding Academic Year
Positions 32
LETTER OF
UNDERSTANDING Re: Contract Appendix B 33
LETTER OF AGREEMENT
Re: Increased Workload 34
LETTER OF AGREEMENT
Re:
MEMORANDUM OF
AGREEMENT Re: Merit Pool (2005-06) 36
MEMORANDUM OF
AGREEMENT Re: Merit Pool (2006-07) 37
LETTER OF AGREEMENT
Overtime/Compensatory Time-Off (Hall
Directors) 38
AGREEMENT Ice
Technicians 40