PURPOSE
It is the purpose of this Agreement to carry out the policy of
the Board of Governors 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 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 and The University of Rhode
Island Professional Staff Association (URI/PSA/NEARI/NEA), the parties hereby
agree as follows:
ARTICLE I
RECOGNITION
1.1 Recognition
The Board hereby recognizes the Association as the sole and
exclusive bargaining agent for all
employees within the bargaining unit. The bargaining unit consists of those classes
of
positions found appropriate as a result of the petition
submitted in case number EE-2071
and any such positions which may be added or deleted by the
State Labor Relations Board.
1.2 a. For the purpose of this contract, the term
“Board”·shall mean the Board of Governors
b. The term “Administration” shall mean The University of Rhode
Island.
c. The term “University” refers to The
University of Rhode Island.
d. The unqualified term “Staff”, “Staff
Member” or “employee” as used in this Agreement
means a member or
members of the bargaining unit as defined in Section 1.1 of this
Agreement.
e.
The term “President” as used in this Agreement means the
Chief Executive Officer or
Acting Chief Executive Officer of The
f.
The term “Association” shall mean The University of Rhode
Island Professional Staff
Association (URI/PSA/NEARI/NEA).
1.3
No person or persons represented by the exclusive bargaining
agent shall bargain individually or
collectively with the Board or its
representatives concerning any terms or conditions of
employment except through the
authorized representatives of the URI/PSA/NEARI/NEA.
1.4 a. The University must notify the
Association of any new non-classified, non-faculty
supervisory staff positions
approved by the Personnel Review Committee, or the
establishment of any new
non-classified, non-faculty supervisory staff positions approved
by the Personnel Review
Committee, or the establishment of any new non-classified, non-
faculty supervisory staff
positions not requiring Personnel Review Committee approval
within twenty (20) days
of such actions.
b. The University must
notify the Association in writing twenty (20) days prior to the retitling or
change in job description of any such supervisory staff positions.
c. In addition, The University agrees to
notify the Association in writing when it petitions to
change or otherwise
seeks to alter an employee’s bargaining unit status.
ARTICLE II
MANAGEMENT
RIGHTS
2.1 The Association recognizes that the
Board, the Commissioner of Higher Education and the
administration of The University have
responsibility and authority to manage and direct on
behalf of the public, all the operations and
activities of The University to the full extent authorized
by law.
2.1 a. Except as hereinafter specifically provided,
the operation and administration of The University
of
fully
vested in the Board and its Chairman and their duly designated representative.
b.
Nothing herein stated shall be construed as a delegation
or waiver of any powers or duties vested in the Board or any agent thereof.
ARTICLE III
NON-DISCRIMINATION
CLAUSE
3.1 The Board and the Association agree not to
discriminate in any way against employees covered by this Agreement on account
of race, religion, creed, color, national origin, sex, sexual orientation, age,
marital status, physical handicap, disability or political affiliation.
3.2
All references to employees in this Agreement designate
both sexes and wherever the male gender
is used it shall be construed to include male
or female employees.
3.3 The Association and the Board shall not
discriminate against, interfere with, restrain or coerce an
employee from exercising the right to join or
not to join the Association and will not discriminate
against the employee in the administration of
this Agreement because of membership or non-
membership in the Association.
ARTICLE IV
DUES
DEDUCTIONS - AGENCY SHOP
4.1
Membership in any employee association may be determined
by each individual employee; provided, however, that if the employees have
selected an exclusive bargaining representative association, all non-members of the exclusive representative
association shall pay to the exclusive association
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 association.
4.2
The State Controller shall, upon certification of the exclusive
association, deduct bi-weekly from said employee’s salary said above amount and
remit the same to the treasurer of the exclusive bargaining association.
4.3
The State Controller shall also deduct association 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 association a check
representing the amount so deducted.
ARTICLE V
RIGHTS OF
THE ASSOCIATION
5.1
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. All union business time
conducted by Association officers
(President, Vice President/Grievance Chair, Secretary, Treasurer) shall be recorded on an agreed upon form submitted
quarterly to the Office of Labor Relations.
5.2
No Association committee member or representative shall be
discriminated against as a result of
the performance of legitimate Association
business.
5.3 The Association shall
furnish the Board/Administration with a written list of its officers
immediately after their
designation and shall promptly notify the Board/ Administration of any
change in such officers.
5.4 Association representatives will be
permitted to visit Association officers and committee members
on Board/ Administration premises
for the purpose of discussing Association business. Such
visits should not interfere with
the normal conduct of University business.
5.5 The Association
will be allowed to use designated bulletin boards throughout the campus.
5.6 Nothing
contained herein shall be construed to deny or restrict any employee’s rights
he may have under the General Laws of the State of
5.7 The Board
recognizes the Association’s rights to have access to information relative to
budget, staffing projections as they pertain to this unit, names and addresses
and salaries of all employees in the bargaining unit and agenda of all open
Governors meetings. Where material is
normally available to the public, the Association will utilize the same avenues
of acquisition as the public. It is understood
that this shall not be construed to require The University to compile information
and statistics that are not readily available.
Upon written request, the Association shall furnish information
requested by The University.
5.8 Where practical
The University administration shall advise the Association on new or modified,
long-range institutional planning as to its specific effect on the bargaining
unit.
5.9
In the case of a reorganization, the University will
notify the Association in writing of the pending reorganization twenty (20)
days prior to its implementation.
Information on reorganization shall be limited to names and positions of
all members of the bargaining unit included in the reorganization, title
changes, changes in duties and responsibilities, and where appropriate, organizational
charts, job descriptions and pay grades. The Association acknowledges that
this information is not public information until the University officially
announces the reorganization.
A reorganization is hereby defined as a
restructuring of the University including a department or a division which
affects any member of the bargaining unit with respect to the underlined
phrases.
5.10
The President of The University will meet with the
President of the Association when either feels it necessary to meet at the mutual
convenience of both parties.
ARTICLE VI
PERSONNEL
FILES
6.1 a. The University shall
maintain one (1) official personnel file for each employee who is
subject to this
Agreement. Such file shall contain
copies of personnel transactions, official
correspondence with the
employee and evaluation reports prepared by The University and
other relevant
documents.
b. Job Descriptions
A side agreement (attached) which shall
provide that all present state funded Job Descriptions (approx. 150-200) shall
be added to personnel files. Currently
6.2
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.
6.3
A designated member of the Association, having written
authorization from the employee
concerned, and in the presence of a
representative of The University Administration, may examine
the official personnel file of that
employee, except for the limitation provided above, if the
examination relates to a filed
grievance, a grievance in preparation, or written charge(s) proffered
against the employee by The
University.
6.4 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 or in any manner.
6.5 A member of the
bargaining unit shall have the right to reproduce all documents in his or her
personnel file, except as noted above, at the employee’s expense.
6.6 No anonymous
material shall be placed in the employee’s official personnel file.
6.7 Materials shown
to be false or unsubstantiated shall be removed from the employee’s official
personnel file. The burden of proof of
false or unsubstantiated material shall rest with the employee. The Office of Human Resource Administration
shall be responsible for notifying in writing any persons or organizations to
which it may have forwarded false information.
6.8 a. Copies of letters of
commendation and appointments to committees shall be filed in an
employee’s official
personnel file provided the employee so requests and delivers such
letters to the Office of
Human Resource Administration for inclusion.
b. The employee may add pertinent information for
an up-to-date personnel file.
ARTICLE VII
CONDITIONS
OF EMPLOYMENT
7.1 Work Day and Work
Week
a. There are hereby two (2) basic work weeks as
follows:
1. A standard work week shall consist of
thirty-five (35) work hours a week to be
performed Monday through Friday.
2. A non-standard work
week shall consist of five (5) consecutive working days
normally Monday through
Friday for a total of thirty-five (35) work hours in any one week.
b. 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.
c. In the event an
employee is not able to report for work at his regularly scheduled time, he
shall notify his immediate supervisor or department head within a reasonable
length of time before the scheduled starting time, circumstances permitting.
7.2 Overtime
a. Employees in
classifications covered by the Fair Labor Standards Act shall be paid, or
receive compensatory time at the rate of time and one half (1.5), for work
performed in excess of forty (40) hours per week; and shall receive
compensatory time at the rate of one (1) hour for each hour worked between 36
and 40 hours.
b.1 Employees in classifications that are exempt from the Fair
Labor Standards Act who work in excess of thirty-five (35) hours per week shall
receive compensatory time at the rate of one hour for each hour worked. All employees shall expend earned
compensatory time according to the schedule which shall be prescribed by the
appropriate supervisor, at the time the overtime is required. Normally compensatory time shall be expended,
according to this schedule, within twenty (20) work days of when it is earned,
and in no event beyond thirty (30) work days of when it is earned. If, however, an employee is denied
opportunity to expend said compensatory time throughout the thirty day period,
he/she shall refer the matter to the Vice President for Business and Finance or
his designee who shall, within fifteen (15) days, at his sole discretion,
either order the payment of the compensatory time which was accrued within the
previous thirty (30) day period, or prescribe a schedule of no more than three
(3) months over which this compensatory time shall be expended, or combination
of both.
b.2 If during
this three (3) month period the employee’s service is terminated by death or
retirement (mandatory, voluntary, or involuntary), or resignation and the
employee shall not have fully expended the compensatory time accrued within
said previous thirty (30) day period, the employee or his estate shall be paid
for the unexpended balance of this compensatory time.
b.3 The Vice President of
Human Resource Administration shall write and distribute a memo regarding the
policies and procedures to implement the contractual provisions for
compensatory time.
c. In cases of emergency where overtime
work could not have been authorized in advance,
then upon verification of such facts by the
employee to his or her immediate superior or department head, such overtime shall
be recognized.
7.3 Sea Pay
a. Sea pay shall apply to
those members of the bargaining unit who are “at-sea” for a period of time in
excess of ten (10) days per contract year.
Days at sea during a contract year shall be cumulative. When an employee achieves more than ten (10)
days at sea, pay provisions of this contract shall be paid retroactively to the
first day at sea.
b. The normal work day for
all sea-going unit employees shall be eight (8) hours per day while at sea.
c. The term “at-sea” work
day will be defined as seven (7) hours of straight time, one hour of
compensatory time, one hour to one hour basis and a maximum of eight (8) hours
of paid overtime. Any hours worked
between eight (8) and sixteen (16) hours per day overtime will be paid at the
rate of 1.5 times the normal hourly rate.
Any hours worked beyond sixteen (16) hours per day, except for weekends
and holidays, shall be credited with additional compensatory hours on a one to
one basis.
d. The term “at-sea” shall
be defined as any time spent on any research vessel away from a
e. Employees working at
sea on weekends (Saturday and Sunday) and holidays falling on other than a
Saturday or Sunday shall be compensated in accordance with c. above, and in
addition, said employee working on said weekends or holidays shall receive an additional
three (3) hours of compensatory time for the first eight (8)hours worked. If said employees work less than eight (8)
hours the compensatory time will be prorated.
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.
f. When employees are not
at sea, they shall be subject to the overtime provisions of this contract as
herein defined.
g. 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.
h. All unit sea-going
personnel will be considered “at-sea” when traveling to and from the vessel or
remote field stations. 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 VIII
PROMOTIONS
AND TRANSFERS
8.1 Promotions
Members of the bargaining unit who apply for
and who meet the qualifications for posted bargaining unit vacancies shall, if
he/she requests, be given an interview with the search committee, if such
interviews are conducted and as long as such is consistent with Affirmative
Action and applicable laws and regulations.
8.2 Transfers
Transfers within the same class of
position: Whenever an opening occurs in
an existing class of position, an employee presently holding such class of
position, may, if he so elects, apply and receive consideration for the job
prior to implementing the promotional procedure.
8.3 Should such
transfer or promotion request be denied, the appropriate administrator shall
provide written reasons to the employee.
ARTICLE IX
POSTING
OF NEW AND VACANT POSITIONS
9.1 a. All new and/or vacant staff positions within
The University shall be posted on the
Association bulletin
board for a period of ten (10) working days.
b. The notification shall contain a description
of the requirements and qualifications, as well
as a description of the duties and responsibilities of the position, pay
grade, and the
nature
of position (i.e. temporary, limited).
9.2 A letter of
acknowledgment shall be forwarded to the member of the bargaining unit upon receipt
of a request for reassignment, transfer and/or a new position.
9.3 All employees within
the bargaining unit who apply for a vacant or newly-created position shall be
notified if they were not chosen for the position.
9.4 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, all applicants from the
bargaining unit shall be notified of the change and be given an opportunity to
amend their applications or reapply.
Such change shall require that the position be re-posted for five (5)
working days and employees will be given three (3) working days after the
posting period to apply.
9.5 All vacancies shall be filled in compliance
with the Board of Governors Affirmative Action Policy.
9.6 In the event that the
Administration intends to waive the search process for a new or vacant
position, the Administration shall consult with the President of URI/PSA.
9.7 The Administration will
provide the URI/PSA President, upon request, with information regarding the
status of all new/vacant positions not filled six (6) months after posting.
9.8 The URI/PSA and the
Board recognize that there is one official job description, located in the
Office of Human Resource Administration, which governs the responsibilities of
URI/PSA members.
ARTICLE X
OUTSIDE
EMPLOYMENT
10.1 Members of the
Professional Staff Association are expected to carry out their full position responsibilities. Outside employment is permissible, provided
that said employment does not adversely affect the quality of the employee’s
duties and responsibilities to the University.
10.2 If The University
offers outside employment to a member of the bargaining unit, such work may be accepted with pay providing that such
work and its preparation are done outside of the individual’s working hours and
that the work and its preparation do not conflict with the performance of the
individual’s job duties and responsibilities. However, such employment is permissible
only if said employment is not within the primary job assignment at The
University.
10.3 a. In addition, in unusual circumstances as
determined by the Vice President for Business
and Finance members may teach for The
University during regular working hours and shall be paid for such services
according to the current rate for such part-time teaching,
but only if such teaching assignment has the
prior written approval of both the employee’s supervisor and the Vice President
for Business Affairs.
b. Such teaching is
contingent upon the member replacing hours used during the regular work day at
a time specified by their supervisor.
c. Under no circumstances
may permission be granted to teach during the work day, nor payment be made
therefore, unless the employee has agreed to replace and in fact replaces the
regular working hours at times specified by the supervisor.
ARTICLE XI
PROMOTION
AND COMPENSATION FOR SERVICE
IN A
HIGHER CLASSIFICATION
11.1 In the event an
employee is requested to fill a position in a higher classification on an
interim basis, if the period exceeds thirty working days, the employee shall
receive the base rate of the higher classification, or 10% above his current rate,
whichever is greater; in no event will the amount exceed the maximum of the
higher pay grade while he/she is serving in said position.
11.2 Upon the employee’s
return to the position he held prior to the interim assignment, salary
currently in effect for
his/her position will be resumed.
11.3
In the event a member of the bargaining unit is selected
to fill a vacant promotional 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 of
the President. In no event will
the salary increase be less that 5% above his/her current base rate
or exceed the maximum of the
higher pay grade.
11.4
In the event a position is upgraded to a higher
classification within the bargaining unit through
the Personnel Review Committee or
in the event a member of the bargaining unit is selected to fill
a vacant promotional position, of
a higher pay grade, which is not the result of a competitive
search, the employee shall receive
the base rate of the higher classification, or 10% above his/her
base rate whichever is greater,
adjusted to the next step. In no event will the salary amount
exceed the maximum of the higher
pay grade.
11.5 In the event an employee is requested to fill a non-promotional vacant bargaining unit position on a
temporary/interim basis, if the period exceeds thirty working days, the employee shall receive 5% above
his/her current rate. The additional compensation shall be retroactive to the day the employee began filling
the position.
ARTICLE XII
EVALUATIONS
12.1 All
employees shall be evaluated periodically but not less than once every two
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 within two (2) weeks of receipt and it shall be
placed in the employee’s official personnel file. In addition, the employee may comment in
writing; said comment shall be attached to the evaluation. Employees should be offered constructive
criticism and specific areas of improvement shall be noted if appropriate.
12.2 No formal
and/or final evaluation shall be based on anonymous, erroneous or
unsubstantiated material.
12.3 a. Each member should be appraised of his/her evaluation during
a personal conference between the supervisor and the staff member.
b. The evaluation shall be read and signed
by the staff member to indicate that he/she has read the evaluation but the
signature does not suggest agreement.
c. The staff member may append to the
evaluation appropriate comments.
d. The evaluation along with any appended
comment shall be forwarded to the Office of Human Resource Administration
through the appropriate Vice President/Provost.
e. Said Vice President/Provost shall sign
indicating having seen the evaluation.
f. If a subsequent administrator rejects
or modifies a recommendation by a supervisor to the disadvantage of a staff
member, he/she shall notify both the supervisor and staff member by sending
copies of said changes.
g. If no changes are made, it shall
proceed to the Office of Human Resource Administration to be placed in said
individual’s personnel file.
h. Appropriate
forms and signature pages will be developed mutually by the Office of Human
Resource Administration and URI/PSA no later than
ARTICLE XIII
STANDARDS FOR NOTICE OF DISMISSAL
13.1 All
employees shall serve a probationary period of one (1) year. Employees who serve the full probationary
period shall receive two evaluations.
One shall occur during the first six months of employment, and the other
during the second six months of employment.
A probationary employee may be dismissed at any time during the
probationary period with a written statement of reasons.
13.2 An
employee who has served his/her probationary period may be dismissed only for
just cause.
13.3 An
employee who has served his/her probationary period and as a result of his/her
evaluation is deemed to be incompetent and/or inefficient shall be warned in
writing that his/her performance is below expectation and advised that he/she
has four (4) months to correct the deficiency.
If said employee fails to perform at an acceptable level after the four
(4) month period, he/she may be dismissed.
13.4 An
employee who has served for two (2) or more years and as a result of his/her
evaluation is deemed to be incompetent and/or clearly inefficient shall be
warned in writing that his/her performance is below expectations and advised
that he/she has six (6) months to correct the deficiency. If said employee fails to perform at an
acceptable level after the six (6) month period, he/she may be dismissed.
13.5 All cases
of dismissal, excluding those concerning probationary employees, shall be
subject to appeal through the grievance procedure and to arbitration. In the event that an employee is dismissed
under this section and the employee appeals the action and his appeal is
sustained, he/she shall be restored to his/her former position and compensated
at his/her regular rate of pay for any time lost during the period of such
dismissal.
ARTICLE XIV
REPRIMAND, DEMOTIONS AND SUSPENSIONS
14.1 It is
agreed that the administration may reprimand, demote or suspend an employee who
has served his/her probationary period only for just cause.
14.2 It is
agreed that the administration may reprimand, demote or suspend a probationary
employee with a statement of reasons.
14.3 In the
case of a demotion, the administration shall notify the employee and the
Association on or before the effective date of its intention to effect the
demotion. Such notification shall be
followed by a written statement within ten (10) working days.
14.4
In the case of suspension, the administration shall notify
the employee and the Association on or before the effective date of
suspension. Such notification shall be
followed by a written statement within ten (10) working days.
14.5
All cases of reprimand, demotion and suspension shall be
subject to appeal through the grievance procedure and to arbitration.
14.6 In the
event that an employee is demoted or suspended under this section and such
employee appeals such action and his/her appeal is sustained, he/she shall be
reinstated to his/her former position and compensated at his/her regular rate
of pay for any time lost during the period of such demotion or suspension.
14.7 An
employee may be granted a demotion upon request when recommended by the
appropriate supervisor and approved by the President of The University or his
designee.
ARTICLE XV
GRIEVANCE PROCEDURE
For the purpose of this
Agreement, the term “grievance” means any difference or dispute between the
Board and the Association or between the Board and any employee with respect to
the interpretation, application, or violation of any of the provisions of this
Agreement. There shall be a grievance
procedure as follows:
15.1 STEP 1 - Immediate Supervisor
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 attempt to settle the
grievance within two (2) working days of its receipt.
15.2 STEP 2 - Presidential Level
If the grievance is not
resolved in Step 1, it shall be submitted within three (3) working days of the
immediate supervisor’s decision to the President or his designee, who shall
grant a hearing to the aggrieved within ten (10) working days of the receipt of
the written grievance. A written
decision shall be rendered within seven (7) working days of the conclusion of
the hearing.
15.3 STEP 3 - Commissioner’s Level
If the grievance is not
resolved in Step 2, it shall be submitted within five (5) working days of the
President’s decision to the Commissioner of Higher Education or his designee,
as agent for the Board of Governors, who shall grant a hearing to the aggrieved
within ten (10) working days of the receipt of the grievance. A written decision shall be rendered within
ten (10) working days of the conclusion of the hearing.
15.4 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.
15.5 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.
15.6 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.
15.7 Further,
in a group grievance only one (1) of the grievants and the appropriate employee
representative shall be in pay status as spokesman for the group. Group grievances are defined as, and limited
to, those grievances which cover more than one (1) employee within an employing
unit and which involve like circumstances and facts for the grievance involved. The Association representative shall have the
right to assist the aggrieved at any step of the grievance procedure. Nothing contained herein deprives an
individual employee of the right to process his grievance without Association
representation. If such grievance is
processed without Association representation, the facts of said grievance will
be furnished to the Association.
15.8 It is also
agreed that in all cases of dismissal or suspension the aggrieved may go
immediately to Step 2 of the grievance procedure. It is further agreed that either party may
submit a grievance to each other and proceed immediately to Step 2.
15.9 Decisions
rendered shall be forwarded to the Association and to the aggrieved employee.
15.10 For purposes
of this Article, the following definitions shall apply:
a. “within a
working day” shall mean prior to the end of the normal closing time on the
working day following receipt of the grievance and shall be exclusive of
weekends, vacations, and holidays.
b. “aggrieved”
shall mean either the employee and/or the Association.
15.11 Arbitration
a. If a
grievance is not settled under Article XV, such grievance shall, at the request
of the Association or the Board, be referred to the American Arbitration
Association in accordance with its rules then obtaining.
b. 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.
c. Only
grievances arising out of the provisions of this contract relating to the
application or interpretation or violation thereof may be submitted to
arbitration.
d. All
submissions to arbitration must be made within fifteen (15) working days after
the grievance procedure decision.
ARTICLE XVI
APPEAL PROCESS
16.1 The
purpose of this appeal process is to remedy inequities in the placement of
positions in pay grades of members of the bargaining unit.
16.2 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 member’s present grade classification shall have the right to
appeal for a grade change as follows:
16.3 a. The employee shall request a review by the Assistant Vice
President for Human Resource Administration who will meet with the individual
and the Association within two (2) weeks following the request.
b. The
Assistant Vice President for Human Resources Administration will respond in
writing to the employee and the Association stating his recommendation for
approval or disapproval and the reasons for his actions within one (1) week
following the meeting.
c. If agreement
is reached with the employee and the Association, the recommendation will go
directly to the Personnel Review Committee for a hearing in accordance with the
provisions of paragraph 16.5.
If an agreement cannot
be reached with the employee, the appeal will be directed to the committee
specified in paragraph 16.4.
16.4 a. The employee shall request a review by a five (5) member
committee comprised of two
(2) members appointed by The University
President and two (2) members appointed by
the President of the Association.
b.
The fifth member will be appointed by the President of The
University with the approval of the Association.
c. The
committee will meet with the employee within two (2) weeks following receipt of
the request.
d. The employee
and/or the Association shall have the right to present evidence and testimony
in support of his/her claim.
e. The majority
decision of the committee shall be set forth in writing, with reasons, within
one (1) week following the meeting.
16.5 Personnel Review Committee
a. Written decisions of the
above-mentioned committee will be forwarded to the Board of Governors Personnel
Review Committee (PRC), the employee, and the Association within one (1) week
of the issuing of a decision.
b.
The Personnel
Review Committee shall consider the appeal at the next scheduled
meeting, but no later than six (6) months
after submission.
c. Decisions by
the committee shall be reviewed by the Personnel Review Committee in an
impartial and judicious manner.
d. The
Personnel Review Committee shall render its final decision within fifteen (15)
days of the hearing. This decision shall
be in writing.
e. If the
appeal is denied, specific reasons based upon the evidence presented, shall be
set forth. Denials shall not be based
upon monetary reasons. A simple majority
vote is required for a decision.
16.6 The
employee and the Association shall have the right to present evidence and
testimony in support of his/her appeal before The University Appeals Committee
and the Personnel Review Committee. The
employee and the Association shall be notified one (1) week prior to each
appeal hearing. Pay grade increases
shall be made retroactive to the date of the first pay period following the
filing of the initial appeal by the Association member. An employee granted a grade increase will not
be placed at a step within the new grade which is lower in dollar amount than
what he/she is presently receiving.
ARTICLE XVII
SENIORITY
17.1 a. It is hereby agreed that the parties hereto recognize and
accept the principles of seniority.
Seniority shall be defined as the total length of service at The
University of Rhode Island.
b. In the event
of a layoff or reduction in force, employees shall be laid off according to
seniority. Employees with the least
seniority will be laid off first in accordance with Article XVIII.3
(18.3). 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.
17.2 Employees
shall lose their seniority for the following reasons:
a. resignation;
b. termination
not reversed through grievance procedure;
c. retirement;
d. when an
employee fails to notify the appropriate supervisor, Director or Dean of his
absence from work within three (3) consecutive working days unless extenuating
circumstances prohibit said notice;
e. when an
employee fails to renew a leave of absence;
f. failure to
return within twenty-two (22) work days of receipt of certified mail (return
receipt requested) after recall from layoff.
17.3 Seniority - Probationary Employees
New employees shall be
considered as probationary employees for the first twelve (12) months of their
continuous employment. There shall be no
seniority among probationary employees.
17.4 Any member
of the bargaining unit hired after July 1, 1979 and whose position is supported
primarily by auxiliary funds or enterprise funds (student fee supported,
activity fee or conference fee) who is to be laid off because such funds are no
longer available or have been reduced, shall be eligible to displace only those
individuals who occupy similarly funded positions over whom they have seniority
and subject to the conditions of ARTICLE XVIII.3 (18.3). Recall of such laid off employees shall be in
accordance with Article XVIII.
17.5 Any member
whose bargaining unit position is supported primarily by research grant funds,
federal funds, or other outside funds (except auxiliary funds or enterprise
funds) shall not be eligible to bump/displace other employees in the event of
layoff unless he/she has twenty (20) or more years of service at the
University. Said employees shall also
not be available to be bumped by other employees in the bargaining unit. Such employees, however, shall be eligible
for recall under Article XVIII.
ARTICLE XVIII
LAYOFFS
18.1 Layoff as
a result of financial curtailment, program curtailment, lack of work, or for
any reason that may be beyond the control of the employer shall be accomplished
in the following manner:
a. In the event
of layoff or reduction in force, employees shall be laid off according to
seniority.
b. Employees
with the least seniority will be laid off first in accordance with Section 18.3
below.
b.1 Among the
part-time employees in the position classification of the affected layoff area,
before full-time employees.
b.2 Among
full-time employees in the position classification of the affected layoff area
with probationary employees being laid off before those employees who have
served their probationary period. Such
layoff shall be made in inverse order of appointment within each such group.
18.2 The
President or his designee shall notify persons affected in writing stating the
reasons for the layoff. Notice shall be
sent to both member and union in writing.
Where circumstances permit, notice of layoff will be provided:
a. For those
holding temporary or probationary appointment at least seven (7) calendar days
when circumstances permit.
b. For those
holding non-probationary status at least thirty (30) calendar days when
circumstances permit.
18.3 An
employee who is to be laid off shall have the right to proceed in order through
the following steps to identify a position which he/she may “bump”/displace:
a. Displace the
employee with the least seniority in the same position classification and in
bargaining unit. If no such position is
available;
b. Displace the
employee with the least seniority in the same pay grade within his/her
university division, and in the bargaining unit, for whose position he/she is
qualified. If no such position is
available;
c. Displace the
employee with the least seniority in the same pay grade and within the
bargaining unit (University-wide) for
whose position he/she is qualified. If
no such position is available;
d. Displace the
employee with the least seniority (within the bargaining unit) in a lower pay
grade (in declining order), first within their division and secondly
University-wide, for whose position he/she is qualified. If no such position is available;
e. Displace a
bargaining unit employee with less seniority in a lower grade position formerly
held (the same position) if said position still exists and for which he/she
maintained qualification.
f. If an
employee following the above process is only able to displace a person in a
lower pay grade which involves a reduction in salary, such individual may
decline utilization of his/her bumping rights and retain his/her recall rights.
18.3.1
Any employee exercising his/her seniority under these
provisions must possess the necessary
qualifications, ability, training or equivalent
experience needed to perform the work of the
position. Any
question concerning qualifications of an individual to displace another
employee
will be finally adjudicated by a three member
committee consisting of one member appointed
by the Association President, one member appointed
by the University President and one
member appointed by the University President
subject to the approval of the President of the
Association.
18.4 Any
employee who has been laid off shall be notified of the opportunity for
re-employment in the same or a similar position for one (1) year from the date
of layoff, and must accept such offer within thirty (30) days. Seniority shall continue in effect to any
employee who is laid off.
18.5 Recall
will be in reverse order of layoff provided the greater seniority employee possesses
the specific qualifications, ability and training necessary to perform the
available work in accordance with the official job description.
18.6 The
University shall prepare a list of employees noting dates of appointment and
forward it to the Association upon request.
18.7 The
University will make every effort to the maximum extent possible to utilize
existing funded vacancies within the bargaining unit and to place employees who
would otherwise be laid off in those positions.
18.8 An
employee who has been laid off shall be given preferential employment rights to
any newly-created or vacant position within the bargaining unit provided he/she
is qualified for the position.
18.9 Whenever a
layoff is anticipated, the President of The University or the Assistant Vice
President for Human Resource Administration shall meet and discuss with
representatives of the Association any anticipated layoff.
ARTICLE XIX
FRINGE BENEFITS
19.1 Retirement
a. All
employees in the bargaining unit who have six (6) months of service at URI and
who work twenty (20) hours per week or more are required to participate in the RIBOG
defined contribution retirement plan after completion of two (2) years of
employment and attainment of age thirty (30).
Employees who are members of the Rhode Island Employees Retirement
Systems (ERS) at the time of employment at the University may elect to remain
in the Employees Retirement System.
19.2 Disability Insurance
a. All
employees in the bargaining unit who work twenty (20) hours or more per week,
who have one (1) year of service at the University, are covered by disability
insurance.
b. Also covered
are full-time employees with one (1) year of service at the University and who
have less than seven (7) years of service in ERS.
c. Employees
with seven (7) years of membership in ERS are eligible for total disability
benefits under that program and are not eligible under TIAA/CREF disability
insurance.
19.3 Group Life Insurance
a. It is agreed that all employees shall
be eligible to participate in the State Employees Group Life Insurance Program
as established by 32-12-6 of the General Laws of 1956, as amended.
b. Each
employee will be automatically covered unless such employee designates in
writing that he desires not to be insured.
19.4 Tax Deferred Annuity Program
Full-time employees
within this bargaining unit are permitted to request twice each calendar year
that a portion of their salary be allocated for the purchase of annuities,
subject to rules and regulations of the State of
19.5
Health Benefits
Effective
of premium.
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
In addition, emergency room co-pays will
increase from $25.00 to $30.00 and urgent care
co-pays will increase from $10.00 to $15.00 on
The URIPSA will receive
Domestic Partner Benefits if the legislature permits it and the renegotiated
Health Insurance master State Contract includes it.
19.6 Tuition Waiver
a. General fees
or course charges of institutions under the jurisdiction of the Board of
Governors may be waived for all full-time members of the bargaining unit when
they undertake a regular study program at their own or another
institution. The level of eligibility
for members of the bargaining unit shall be unlimited. The same fee remission applies to spouses and
legal dependents when pursuing courses for credit to the baccalaureate level.
b. In the event
of an employee’s death, the tuition waiver benefit shall be provided for those
spouses and legal dependents who have been accepted or are enrolled at the time
of such death and who maintain continuous enrollment.
19.7 Travel
Reimbursement for
travel expenses shall be made in accordance with travel regulations of the
State of
ARTICLE XX
20.1 Sick Leave
a.
Sick
leave with pay shall be granted to employees covered by this Agreement. Sick leave with pay is hereby defined to mean
a necessary absence from duty due to illness, injury, or exposure to contagious
disease and may include absence due to illness or death in the immediate family
of the employee or necessary attendance upon a member of the immediate family
who is ill.
b. If after a staff member
has used all accrued sick 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 or apply for
a leave without pay or resign his/her position.
c. Disability
Accommodations - The administration and the union shall adhere to Federal
and State laws and
regulations as they apply to treatment and accommodations of
persons with disabilities.
20.2 Employees
shall accrue four (4) hours for each bi-weekly period of service. When the total accumulation shall amount to
875 hours (125 days) for an employee assigned to a thirty-five (35) hour work
week, or a non-standard work week, 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 his estate shall be entitled to receive full pay for each hour of
accrued sick leave to his credit as of the date of termination according to the
following formula:
A thirty-five (35) hour a
week employee, or a non-standard employee, shall be entitled
to receive full pay for 50%
of all accrued sick leave over 390 hours up to and including
630 hours and full pay for
75% of all accrued sick leave over 630 hours up to and
including 875 hours.
20.3
The administration may require a physician’s certificate or
other satisfactory evidence for each sick leave with pay covering an absence of
more than five (5) working days.
20.4
Whenever an employee shall be absent from his duties and
receiving compensation as provided in the Workers’ Compensation Laws, he shall
be granted a sick leave in accordance with the 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 Workers’ 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.
20.5
In the event a member of the bargaining unit is recalled
from layoff within one year of the effective date of layoff, his/her sick leave
balance as of the date of said layoff shall be reinstated.
20.6 Parental Leave
a.
PSA members with one or more years of services 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. PSA members should provide at least one
month’s notice prior to the start of the leave, whenever possible.
b.
When additional time is needed beyond the six (6) weeks
because of medical reasons, that time may be charged to sick leave, with proper
medical documentation.
c.
An employee may also apply for an unpaid leave of absence
for up to six (6) months following the birth or placement of a child. Such leave of absence may be renewed with the
approval of the Assistant Vice President for Human Resources.
d.
At the expiration of such leave, the employee shall be
returned to the position from which she/he is on leave at the same step of the
then current range for that class of position.
e.
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 she/he is on leave or any other similar position at the
same step of the then current range for that class of position(s) for which
she/he is qualified if said position exists.
20.7 Special Sick Leave
a.
Any employee whose employment requires exposure to unusual
employment hazards shall be granted special sick leave credits not to exceed
105 hours in a calendar year. Such sick
leave credits shall be available and sick leave granted upon written recommendation
by the administration to the Assistant Vice President for Human Resource
Administration that it has been determined by blood tests or other approved
method and supported by a statement from a qualified physician that the health
of the employee required such a sick leave to permit recuperation from exposure
to such occupational hazards.
b.
Employees working a thirty-five (35) hour work week will
be permitted to borrow
seventy (70) hours of sick leave against future
accumulation in the next fiscal year.
Employees working a forty (40) hour week will be
permitted to borrow eighty (80)
hours of sick leave against future accumulation in the
next fiscal year. Denial of this
right must be substantiated by credible evidence or prior
abuse of sick leave by the
employee making said request.
c. The Administration and the
20.8 Bereavement Leave
Each employee shall be
granted leave with full pay for four (4) days for a death in the immediate
family. The definition of “immediate
family” for the purpose of this article shall include domestic partners of the
same or opposite sex who have lived in the same household for at least six (6)
months and have made a commitment to continue to live as a family. The immediate family shall include father,
mother, brother, sister, husband, wife, son, daughter, mother-in-law,
father-in-law, sister-in-law, brother-in-law, step-child, grandmother,
grandfather, grandchildren, and any person living in the employee’s
household. Days needed beyond four (4)
days may be taken from sick leave.
20.9 Special Time Off
a. 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, providing that enough employees remain on duty to maintain
contact with the public and carry on crucial work.
b. 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 (1 ½) times for each hour worked.
20.10 Military
Training Leave
a. Employees
covered by this Agreement who, by reason of membership in the United States
Military, Naval or Air Reserve or the Rhode Island National Guard or Naval
Reserve, are required by the appropriate authorities to participate in training
activities or in active duty as a part of the state military force or special
duty as a part of the federal military force, shall be granted military
training leave with pay not to exceed fifteen (15) working days in any one (1)
calendar year.
b. Should the
employee be required to participate in such training activities for a period of
greater than fifteen (15) working days, he shall be granted leave without pay
for this period.
c. During the
period of military training leave with pay, the employee shall accrue sick and
vacation leave credits.
d. Such
training activities as defined in this section shall not include weekly drill
nights or similar drill periods lasting less than one (1) day or training
periods voluntarily engaged in by the employee beyond the training period
required generally of the members of the respective armed services.
20.11 Jury Duty
Every employee covered
by this Agreement who is ordered by appropriate authority to report for jury
duty shall upon request be granted a leave of absence from his or her regular
duties during the actual period of such jury duty, in which circumstance, he or
she shall receive for such period of jury duty his or her regular pay or his or
her jury duty pay, whichever is the greater.
20.12 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 (i.e. Harvard
Community Health or
b. Parental Leave is leave by reason of the birth of a
child of an employee or the placement of a child 16 years of age or less in
connection with adoption of such child by the employee.
b.
Family Leave is for a family member
defined as a parent, spouse, child, mother-in-
law, father-in-law or
other immediate family member. For the
purpose of this article,
other immediate family members shall include domestic
partners of the same or
opposite sex who have
lived in the same household for at least six months and have made a commitment
to continue to live as a family. Family
leave is granted for reasons of serious illness of a family member. Serious illness is defined as disabling,
physical or mental
illness, injury, impairment or a 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.
d. At the
expiration of such leaves, the employee shall be returned to the position from
which he is on leave at the same step of the then current range for that class
of position.
e. 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 same step of the then current
range for that class of position(s) for which he is qualified if said position
exists.
f. Seniority
shall be retained during all leaves without pay. Seniority shall be retained and accrued
during all paid leaves of absence.
20.13 Leave for Professional Development
Members who have served
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 the termination of the leave shall return to his/her
duties at the University. Application
for such leaves shall be made six (6) weeks prior to the date for which the
leave is requested. In certain
circumstances, shorter notice for such leave may be considered.
20.14 Leave for Graduate Study
a. An employee
who has served for 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. An employee applying for such leave may apply
for leave without pay, leave at half pay, or leave at full pay for either
period of time. In either case, there is
the understanding that the employee will return to his duties upon the
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.
b. The employee
applying for such leave shall present to the President the plan for 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.
c.
If an employee resigns and does not return after leave,
money received must be
returned to The University.
d.
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.
20.15 Sabbatical Leave
a. Employees in
the bargaining unit shall be eligible for sabbatical leave which they 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. As soon
as decisions are made regarding sabbatical leaves, the Administration shall
furnish the Association with a list of those receiving sabbatical leave, and
those denied sabbatical leave. For those
for whom replacement positions have been provided, notice to the Association
will be given as soon as the decision has been made.
b. 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/her 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.
c. Upon his/her
return from sabbatical leave an employee’s salary shall be the same as he would
have received had the period of his/her leave been spent in the service of the
Board and he/she shall be returned to the same level which he/she held at the
time said leave commenced if it exists, or if not, a substantially equivalent
level. A sabbatical leave of absence may
be extended without pay or increment for one (1) additional year.
20.16 Annual Vacation
a. The annual
vacation for a full-time employee hired prior to
b. For the
purpose of computing the number of vacation days to which an employee is
entitled, previous employment in the non-classified service of the Board of
Governors shall be credited to any new employees.
c. For those
hired after
d. All
employees shall be guaranteed at least ten (10) consecutive vacation days per
year. No vacation may be taken until an
employee shall have served in the employ of the Board of Governors for six (6)
months; however, this time shall be included when crediting vacation time.
e. When the
service of any employee shall be terminated by resignation, death, dismissal or
otherwise, and such employee shall not have used maximum vacation accrual, such
employee or his/her estate shall be entitled to receive full pay for each day
of vacation.
20.17 Holidays
a. 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:
Christmas Day
New Year’s Day
Martin Luther King Day
Memorial Day
Independence Day
Victory Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Any day on which a general election of State officials is held, as Election Day
b. Each
employee shall be entitled to time off at his/her regular rate of pay for the
holidays specified above when such holidays fall on his/her regularly scheduled
work days, and shall be credited with the number of hours in his/her official
work schedule for that day.
c. When any
holiday shall fall on the scheduled day off, the employee shall not be charged
annual leave for his/her absence on that date.
The employee shall be entitled to take one (1) day off for each holiday
by the end of the next pay period.
d. 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/her absence on that
date.
20.18 Personal Business Leave
a.
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 business leave may be used for
the one-half day off on Good Friday afternoon, the one-half day off on the day
before Christmas, the one-half day off on the day before New Year’s Day, as
well as for time off for other Holy Days. 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.
b. 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 leave days as provided in this article. Employees appointed between May 1 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.
ARTICLE XXI
NO STRIKES OR LOCKOUTS
21.1 The
Association and its members will not cause, call or sanction any strike, work
stoppage, or slowdown, nor will the Board lockout its employees during the term
of this Agreement.
21.2 It is
agreed that all provisions of this Agreement are binding on each of the
individuals covered by this Agreement.
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 In the
event that this Agreement or any part of it shall at any time be held to be
contrary to law, void, or invalid by any court of competent jurisdiction or any
administrative agency having jurisdiction, the parties shall meet to
renegotiate the items in question within two (2) weeks after such a ruling has
been made.
ARTICLE XXIV
TERMINATION OF AGREEMENT
24.1 a. 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.
b. 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 one hundred twenty (120) days prior to the anniversary date that it
desires to modify this Agreement.
c. In the event
that such notice is given, negotiations shall begin not later than sixty (60)
days prior to the anniversary date. This
Agreement shall remain in full force and be effective during the period of
negotiations.
d. 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.
In witness whereof, the parties hereto have set their hand this
_____________ day of _____________, 2004.
FOR THE BOARD OF GOVERNORS FOR THE UNIVERSITY OF
FOR HIGHER EDUCATION: PROFESSIONAL STAFF ASSOCIATION
____________________________ ____________________________________
Board of Governors for Higher President,
URI/PSA/NEARI/NEA
Education
____________________________ ____________________________________
The
Negotiations
Committee
____________________________ _____________________________________
Date Executive Director, NEARI/NEA
APPENDIX A
Appendix A -
Salary
A.
For the contract year
for employees in the bargaining unit shall be as follows:
1.
A 1% across the board range adjustment on
2.
A 2.5% across the board equity adjustment on
B.
For the contract year
for employees in the bargaining unit shall be as follows:
1.
A 3.5 increase across the board range adjustment on
C.
For the contract year
bargaining unit shall be as follows:
1. A 3.5% increase
across the board range adjustment on
I. MEMORANDUM OF
AGREEMENT
Between
(URI/PSA/NEARI/NEA)
and
BOARD OF GOVERNORS/UNIVERSITY OF
RE: Academic
Year Positions
This Memorandum of
Agreement is entered into by and between the PSA/NEA URI 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 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 employees 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 URI/PSA 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 July 1, 1985 while he/she remains in
said position without the agreement of said employee. However, such agreement shall not be required
of employees hired on or after
12. An academic year position which is
full time shall be considered full time for the 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 XVII only over the
employees in academic year positions.
15.
All
University PSA/NEA employees shall be granted up to eleven (11) vacation days
per academic year. The vacation days are
to be given in full at the start of academic year. Up to eleven (11) days of unused vacation can
be carried forward from the previous academic year.
Academic year employees
who have served a total of twenty (20) years with the State of Rhode Island, if
entitled by RIGL Section 36-6-18, shall
receive an additional four (4) days of vacation per year for a total of fifteen
(15) vacation days per year. The maximum
number of
vacation days allowed
at the start of the academic year for members described above will be increased
from twenty-two (22) to twenty-six (26).
Once the academic year begins no additional vacation time will be
issued. New academic year employees,
hired after the beginning of the academic year, will be given a prorated number
of hours for every full pay period remaining in the current academic year
during the first year of employment. The
use of this time shall be by mutual agreement between the staff member, the
immediate supervisor and the appropriate Vice-President; use of such time shall
not be
unreasonably withheld. These vacation days shall be taken during the
class recess time, i.e., on the Friday after Thanksgiving, during the Christmas
recess and the Spring recess.
16. Personal days will be prorated for
academic year employees.
_____________________________ __________________________________
Board of Governors for President,
URI/PSA/NEARI/NEA
Higher
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ ____________________________________
DATE Executive Director, NEARI/NEA
II. MEMORANDUM OF AGREEMENT
Between
(URI/PSA/NEARI/NEA)
And
BOARD OF GOVERNORS/UNIVERSITY OF
RE: 2004-2007 CONTRACT
1.
During the term of this contract when an
employee in the Bargaining Unit is appointed to serve on an acting basis in a
non-union position, union membership dues will continue to be deducted from
said employee’s pay unless the Bargaining Unit position from which said
employee is on leave is filled. Any
employee appointed to serve on an acting basis in a non-union position after
2. While in an acting non-union position outside of the
Bargaining Unit, said employee shall serve subject to the terms and conditions
of that position, and shall be considered on leave from his/her Bargaining Unit
position.
3. This Agreement applies to employees placed in acting
positions after the ratification of this contract, and shall not be used by
either party in any way as a precedent or admission or to prejudice either
party.
______________________________ _________________________________
Board of Governors for
Higher President,
URI/PSA/NEARI/NEA
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ ____________________________________
DATE Executive
Director, NEARI/NEA
III. MEMORANDUM OF
AGREEMENT
Between
(URI/PSA/NEARI/NEA)
And
BOARD OF GOVERNORS/UNIVERSITY OF
CONCERNING
“Soft Money” Members of the PSA/NEARI/NEA Bargaining Unit
The parties hereby
agree to this memorandum which shall apply exclusively to PSA employees
supported in whole or on federal or other grant funds (ledger 3 (Dean’s
overhead) ledger 5, or ledger 6 or any combination of the same).
1. When the
source of funding of an employee employed at GSO is being shifted from one
source of funding to another the employee shall be sent notice thereof in
writing.
2. Recognizing
the desire to reward and because of the characteristics of this category of
employee, the parties agree that a supervisor, who is the principal
Investigator on a grant, may initiate and recommend that a step increase be
granted to an employee for such high quality performance where funding within
the grant would permit. This
recommendation shall be forwarded to the Dean and then to the Provost and Vice
President for Academic Affairs for their approval or disapproval. The decision of the Provost and Vice
President for Academic Affairs shall be final and not grievable.
The source of payment
for such step increases and for all costs associated therewith shall be from
the relevant federal or grant funds only.
In no event shall state funds be used to support such increases or
costs. In the event that an employee who has received such an increase becomes
supported in whole or in part by state funds, such as through a change of
position or a change in source of funding, such step increases shall become
inoperative as a part of the employee’s salary.[1] An employee may receive such increase only
once during each contract year.
3. 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.
4. A
Committee to Study “Soft Money” Employees Issue:
a. There shall
be an Adhoc Committee, whose membership shall consist of three (3) members
appointed by the URI/PSA President and three (3) members appointed by the
Administration.
b. The purpose
of said Committee shall be to study the entire area of “soft money” employees,
including, but not limited to:
compensation, seniority and recall, and other conditions of professional
employment.
This Agreement shall
terminate on
______________________________ ________________________________
For the Board of
Governors President,
URI/PSA/NEARI/NEA
______________________________ ___________________________________
The
Negotiations
Committee
_____________________________ ____________________________________
DATE Executive
Director, NEARI/NEA
IV. MEMORANDUM OF
AGREEMENT
Between
(URI/PSA/NEARI/NEA)
and
THE UNIVERSITY OF
The parties agree that,
notwithstanding Articles IX, XV, or XVIII, conditions sometimes exist when an
individual who is not currently employed within the bargaining unit is hired by
The University.
1. To temporarily
replace an employee within the bargaining unit who is on leave without pay,
maternity leave, military leave, or medical leave, or who has been temporarily
promoted; or
2. To assume a
short-term (six months or less) position of a temporary nature within the
bargaining unit which is posted/advertised as such, and is not to be extended.
When such conditions
exist, the hired individuals shall not receive layoff notices at the end of the
stated time nor shall they receive recall rights. Employees who assume a position as described
in #1 above, whose duration of employment is one year or more, shall not
receive a layoff notice but shall receive recall rights. If an employee working under the condition
described in #2 above is extended beyond the initial appointment in any
position for a total of more than six months, said employee becomes subject to
all provisions of the contract.
Employees appointed to
a position for less than six months shall not be eligible to receive health
benefits. Regardless of length of
appointment, these employees shall pay dues or the agency fee in accordance
with Article IV.
______________________________ ________________________________
Board of Governors for
Higher President,
URI/PSA/NEARI/NEA
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ ____________________________________
DATE Executive
Director, NEARI/NEA
V. MEMORANDUM OF
AGREEMENT
Between
THE UNIVERSITY OF
(URI/PSA/NEARI/NEA)
And
BOARD OF GOVERNORS/UNIVERSITY OF
The following will
apply to recall procedures for all individuals subject to recall within the
provisions of the collective bargaining contract. It specifically clarifies provisions of
Article XVIII.
1. Management
agrees that, consistent with the contract, Management will notify and discuss
all anticipated layoffs with the
2. The
3. Individuals
who are on the recall list, are responsible for maintaining a correct current
address with the
4. The Office
of Human Resource Administration will forward to the
5. The PSA/NEA
agrees to send to all persons on their list, the job descriptions as outlined
in the Affirmative Action Form “A”.
6. Individuals who elect
to apply for a position sent to them by the PSA/NEA which is the same
or similar position previously
held, or a position for which they are qualified in accordance
with Article XVIII.5 will do so
within the time limits noted on the posting.
Their application will
contain the statement at the top “that they are
exercising recall rights in accordance with the
PSA/NEA contract”.
The individual will forward this to the Office of Human Resource
Administration with a copy to PSA/NEA.
7. The Office of Human Resource Administration
shall submit to the screening Committee/interviewer copies of those
applications coming from individuals on the recall list.
The screening committee/interviewer must declare
whether the individual meets the specific qualifications and has the ability
and training necessary to perform the available work in accordance with
position specifications or not. If the
individual meets the specific qualifications and has the ability and training
necessary to perform the available work in accordance with position
specifications, that individual will be hired in accordance with the
contract. If more than one individual
from the recall list has applied, the most senior employee who is so qualified
shall be offered the position. If the
individual is deemed not to be qualified by the screening committee/interviewer, the committee/interviewer shall
put in writing the reasons, and it shall be signed by the appropriate
administrative representative and returned to the Office of Human Resource
Administration, the individual, and the
8. If all individuals from
the recall list were deemed by the screening committee as not having the
specific qualifications, ability,
and training necessary to perform the available work in
accordance with position
specifications and the appropriate administrative representative
signs in agreement, the remaining
applications will be released for review.
If the
individual employee wishes to
challenge the issue of qualifications, they may do so
utilizing Article XVIII.3.1 of the existing PSA/NEA
Contract by notifying the Office of Human Resource
Administration within ten
calendar days of such decision. If the
committee agrees by majority vote
with the decision of the screening official/Dean,
said decision shall be final and not subject to
grievance or arbitration. If the committee by majority vote does not
agree with the decision of the
screening
official/Dean, said decision shall be overturned and the position shall be
offered to the
individual deemed qualified. The decision of the committee is final and
not subject to
grievance or arbitration.
9. Staff members on the recall list who
accept a temporary appointment(s) shall not be removed from
said recall list during said temporary
appointment(s).
10. Temporary employees hired to replace
a member of the bargaining unit on leave shall not be subject to the layoff or
recall provisions of the contract.
11. If two
people of equal seniority are deemed qualified and apply for the same position,
the person who is judged to be the more qualified by the Dean shall be hired;
said decision shall not be grievable or arbitrable.
______________________________ ________________________________
Board of Governors for
Higher President,
URI/PSA/NEARI/NEA
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ ____________________________________
DATE Executive
Director,
NEARI/NEA
VI. MEMORANDUM OF
AGREEMENT
Between
UNIVERSITY OF
(URI/PSA/NEARI/NEA)
And
BOARD OF GOVERNORS/UNIVERSITY OF
REGARDING ARTICLE IX
For mutual considerations hereby acknowledged, the parties
hereby agree to the following interpretation of Article IX Posting of New
and Vacant Positions with regard to acting, interim, or temporary
positions/appointments:
Article IX does not apply to appointments made under Article
XI, Compensation for Service in a Higher Classification. Article IX does not apply to acting, interim
or temporary positions/appointments not included within the URI/PSA bargaining
unit. Article IX does not apply to the
appointment of replacements for individuals on sabbatical, sick, maternity,
vacation or any other kind of leave.
If The University does not appoint a member of the bargaining
unit to an acting position/appointment within the bargaining unit prior to
seeking external applicants, the University shall post the acting, interim or
temporary position/appointment in accordance with Article IX of the Collective
Bargaining Agreement between the Board of Governors for Higher Education and
the URI/PSA/NEARI except in an emergency situation.
This interpretation of Article IX shall be effective as of
______________________________ ________________________________
Board of Governors for
Higher President,
URI/PSA/NEARI/NEA
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ ____________________________________
DATE Executive
Director, NEARI/NEA
VII. MEMORANDUM OF
AGREEMENT
Between
UNIVERSITY OF
(URI/PSA/NEARI/NEA)
And
BOARD OF GOVERNORS/UNIVERSITY OF
REDUCED WORK WEEK
Full-time employees whose hours of work are involuntarily
reduced to no less than twenty (20) hours per week, and who accept and don’t
grieve said reduction, will continue to be eligible for tuition waiver such as
is available to full-time bargaining unit members.
This letter shall expire on
______________________________ ________________________________
Board of Governors of
Higher President,
URI/PSA/NEARI/NEA
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ ___________________________________
DATE Executive
Director, NEARI/NEA
VIII. MEMORANDUM OF
AGREEMENT
Between
(URI/PSA/NEARI/NEA)
And
BOARD OF GOVERNORS/UNIVERSITY OF
RE: 2004-2007 CONTRACT
The parties agree that
there may be situations in which members of the bargaining unit have been
assigned permanent responsibilities for an increased workload beyond their
current job descriptions, which do not warrant pay grade increases. In such circumstances supervisors may
recommend, with prior written approval by the appropriate Vice
President/Provost, to Human Resources an increase in step levels for such
employee, not to exceed the maximum of the pay grade. The decision regarding the granting of such
an increase shall rest with the President, or his/her designee, and shall not
be grievable. All such recommendations
must be forwarded to Human Resources.
_____________________________ ________________________________
Board of Governors for
Higher President,
URI/PSA/NEARI/NEA
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ ___________________________________
DATE Executive
Director, NEARI/NEA
IX. MEMORANDUM OF
AGREEMENT
Between
(URI/PSA/NEARI/NEA)
and
Board of Governors/University of
RE: 2004-2007
Contract
A study committee shall be
established to review compensation practices and work schedules concerning the
fundraising staff.
______________________________ ________________________________
Board of Governors for Higher President,
URI/PSA/NEARI/NEA
Education
______________________________ ___________________________________
The
Negotiations
Committee
______________________________ _______________________________________
DATE Executive
Director, NEARI/NEA
CONTRACT BETWEEN
the
UNIVERSITY OF
(URI/PSA/NEARI/NEA)
and the
BOARD OF GOVERNORS FOR
HIGHER EDUCATION
2004-2007
URI/ PSA Negotiating Team: Board
of Governors Negotiating Team
George Lewis, Chairperson Anne
Marie Coleman
Charlene Dunn, President & Co-Chair Clifford
Katz
Robert Walsh, NEARI-Executive Director Paul Witham
Sheila Black Grubman Bruce
Hamilton
Jonathan Blaney
Daniel Schumacher
Karen Byron, PSA Executive Director
TABLE OF CONTENTS
ARTICLE PAGE
Article I Recognition.............................................
1
Article II Management
Rights.............................…
2
Article III Non-Discrimination
Clause................…..
2
Article IV Dues Deduction...................................… 2
Article V Rights of the
Association........................ 2
Article VI Personnel
Files...................................... 3
Article VII Conditions of
Employment..................… 4
Article VIII Promotions and Transfers...................…. 6
Article IX Posting of New and Vacant
Positions..…. 6
Article X Outside Employment.............................. 7
Article XI Promotion/Compensation for
Service
in Higher Classification............….. 7
Article XII Evaluations............................................
8
Article XIII Standards for Notice of Dismissal.......….
8
Article XIV Reprimand, Demotions and
Suspensions................................. 9
Article XV Grievance
Procedure...........................… 9
Article XVI Appeal
Process.......................................
11
Article XVII Seniority................................................. 12
Article XVIII Layoffs.................................................... 13
Article XIX Fringe
Benefits.......................................
14
Article XX Leaves..................................................... 15
Article XXI No Strikes or Lockouts........................…. 21
Article XXII Alteration of
Agreement.....................….. 21
Article XXIII Savings
Clause....................................… 21
Article XXIV Termination of
Agreement.................….. 21
Appendix A Salaries..................................................
23
I Memorandum of Agreement/Academic Year
Positions...…. 24
II Memorandum of Agreement/2004-2007
Contract........… 26
III Memorandum of Agreement/“Soft
Money”.....................… 27
IV Memorandum of Agreement/Temporary,
Short-term
Appointments.........................................................…… 28
V Memorandum of
Agreement/Recall................................. 29
VI Memorandum of Agreement/Article
IX............................ 31
VII Memorandum of Agreement/Reduced Work
Week........… 32
VIII Memorandum of
Agreement/Increased Workload………… 33
IX Memorandum of Agreement/Study
Committee…………… 34
PSA Pay Schedule/June
2004
PSA Pay Schedule/June
2005
PSA Pay Schedule/June
2006
[1] The employee’s salary shall be reduced to the level it would be if such step increases had not been given.