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.
In this Agreement entered into this 1st day of July, 2000 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:
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.
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 University of Rhode Island.
f .The term "Association" shall mean The University of Rhode Island Professional Staff Association (URI/PSA/NEARI/NEA).
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 theauthorized representatives of the URI/PSA/NEARI/NEA.
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.
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.
a. Except as hereinafter specifically provided, the operation and administration of The University of Rhode Island, including the right to make rules and regulations pertaining thereto, shall be fully vested in the Board and its Chairman and their duly designated representative.
b. Nothing herein stated shall be construed as a delegation or waiverof any powers or duties vested in the Board or any agent thereof.
ARTICLE III NON-DISCRIMINATION CLAUSE
a. 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.
b. The term "sexual orientation" means having an orientation for or being identified as having an orientation for heterosexuality, bisexuality or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of Rhode Island. It is not the intention of the parties to extend employee benefits (health, insurance, etc.) not presently provided by The University.
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.
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
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.
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.
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
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.
No Association committee member or representative shall be discriminated against as a result of the performance of legitimate Association business.
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.
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.
The Association will be allowed to use designated bulletin boards throughout the campus.
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 Rhode Island or other applicable laws.
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.
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.
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.
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.
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 ADA language is being added. As they are completed and reviewed, they will be added to files. There shall be no change in said job descriptions while position is occupied without prior discussion with the individual and the Association.
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.
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.
Copies of materials in an employee's official personnel file shall be permitted for Official University purposes for use at formal proceeding 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.
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.
No anonymous material shall be placed in the employee's official personnel file.
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.
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 forinclusion.
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 hisregularly scheduled time, he shall notify his immediate supervisor or department head within a reasonable length of time before the scheduled starting time, circumstances permitting.
a. Time and one-half shall be paid for work performed in excess of the established work week for employees who earn less that $19,688 annually. Overtime shall be defined as the required performance of work, authorized in advance by the immediate supervisor or department head, in excess of thirty-five (35) hours per week. Overtime shall be included in the paycheck on the pay day next subsequent to the pay period in which said overtime was earned.
b.1 Employees who do not receive paid overtime and 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 Rhode Island port on which the employee is performing his/her duties; away from a Rhode Island port does not include working in Narragansett Bay and coastal waters. With the approval of the Dean of GSO, work at certain remote field stations may also be eligible for sea pay, particularly if it requires long hours and a demanding work load. Only the Dean shall determine what constitutes bay and coastal waters, and what remote field stations may be eligible for sea pay, and his determinations regarding both of these matters are final, and thus not grievable.
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 theovertime 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
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.
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.
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
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).
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.
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.
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.
All vacancies shall be filled in compliance with the Board of Governors Affirmative Action Policy.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
No formal and/or final evaluation shall be based on anonymous, erroneous or unsubstantiated material.
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 April 30, 2001.
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.
An employee who has served his/her probationary period may be dismissed only for just cause.
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.
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.
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.
It is agreed that the administration may reprimand, demote or suspend an employee who has served his/her probationary period only for just cause.
It is agreed that the administration may reprimand, demote or suspend a probationary employee with a statement of reasons.
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.
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.
All cases of reprimand, demotion and suspension shall be subject to appeal through the grievance procedure and to arbitration.
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.
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.
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.
The time limits specified herein shall be regarded as maximums and every effort shall be made to expedite the processing of grievances provided, however, that the parties may by mutual agreement extend any time limitation specified herein.
A grievance shall automatically proceed to the next step of the grievance procedure if within the time limits specified herein a decision has not been rendered. 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.
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.
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.
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.
Decisions rendered shall be forwarded to the Association and to the aggrieved employee.
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.
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.
The purpose of this appeal process is to remedy inequities in the placement of positions in pay grades of members of the bargaining unit.
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:
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.
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.
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.
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.
Employees shall lose their seniority for the following reasons:
b.termination not reversed through grievance procedure;
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.
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.
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.
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.
The President or his designee shall notify persons affected in writing stating the reasons for the layoff. 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.
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.
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.
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.
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.
The University shall prepare a list of employees noting dates of appointment and forward it to the Association upon request.
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.
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.
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.
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 Teachers' Insurance and Annuity Association and the College Retirement Equities Fund (TIAA-CREF, VALIC, 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 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 Rhode Island and Internal Revenue codes.
19.5 Health Benefits
For the term of the 2000-2003 contract, the health insurance benefits extended to eligible employees by the state shall be those for which the Director of Administration has contracted in accordance with RIGL 36-12 and in effect as of July 1, 2000. These benefits include, but are not limited to, health insurance, prescription, dental and vision/optical benefits and are described in the applicable policies on file in the Office of Human Resource Administration and considered an addendum hereto. Any modification to these plans prior to June 30, 2003 will provide equivalent coverage at no increased costs to all eligible employees.
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.
Reimbursement for travel expenses shall be made in accordance with travel regulations of the State of Rhode Island after approval has been granted by the appropriate Vice President or designee.
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.
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.
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.
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.
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 Maternity Leave
a. When illness due to child bearing renders an employee unable to perform her duties, the employee may use her accrued sick leave until such time as she is able to return to work. If an employee has not accrued sufficient sick leave to cover the child bearing and recovery periods, an unpaid leave of absence of up to six months shall be granted for the duration of the recovery period. Such leaves of absence may be renewed with the approval of the Assistant Vice President for Human Resource Administration.
b. A staff member may be allowed to utilize accrued sick leave for childbearing reasons if the employee has a physician's certificate indicating her inability to perform her duties.
c. At the expiration of such leave, the employee shall be returned to the position from which she is on leave at the same step of the then current range for that class of position.
d. 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 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 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 fiscalyear. Denial of this right must be substantiated by credible evidence or prior abuse of sick leave by the employee making said request.
c. Each member in the bargaining unit may contribute one seven (7) hour day of sick time per year to a non-accumulating pool account to be drawn upon by any member of the unit who has been employed for at least one (1) year and who has exhausted all other available sick leave, vacation and personal days with pay. In order to be eligible said individual must demonstrate to the satisfaction of both the Executive Committee of the Association and the Assistant Vice President for Human Resource Administration that failure to obtain such relief would cause such member severe financial hardship. An individual's use of this provision shall be limited to no more than 910 hours within a calendar year from the date of approval.
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 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 1/2) 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 Ocean State). 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 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.
c. 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 or 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 July 1, 1985, shall total twenty-two (22) working days. Vacation for full-time employees hired after July 1, 1985 shall total fifteen (15) working days per year during each of the first three (3) years of employment and twenty-two (22) working days thereafter. Working days shall refer to five (5)days per week, Monday through Friday, exclusive of scheduled holidays.
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 July 1, 1985 vacation time shall be allowed to accumulate to a maximum of thirty (30) working days during their first three years. For those hired prior to July 1, 1985 vacation time shall be allowed to accumulate to a maximum of forty-four (44) working days. Those who are entitled by law to twenty-seven (27) vacation days shall be allowed to accumulate to a maximum of fifty-four (54) working days. 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 Vice President. 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) working days set out in the first sentence of this paragraph.
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.
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:
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.
New Year's Day
Any day on which
Martin Luther King Day
a general election of
State officials is held,
as Election 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.
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.
It is agreed that all provisions of this Agreement are binding on each of the individuals covered by this Agreement.
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.
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.
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.
a. This Agreement shall be effective as of the 1st day of July 2000, and shall remain in full force and effect until the 30th day of June, 2003.
b. It shall be automatically renewed from year to year thereafter commencing the 1st day of July, 2003 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 15th day of March, 2001.
For the Board of Governors for Higher Education
For the University of Rhode Island Professional Staff Association
Chairman, Board of Governors
Charlene Q. Dunn
Commissioner for Higher Education
Chairperson, URI/PSA/NEARI/NEA Negotiations Committee
Robert L. Carothers
The University of Rhode Island
Assistant Executive Director, NEARI
Anne Marie Coleman
Director of Labor Relations
A. For the contract year July 1, 2000 to June 30, 2001, the salary increase for employees in the bargaining unit shall be as follows:
1. A 3.5% increase across the board range adjustment on July l, 2000.
B. For the contract year July 1, 2001 to June 30, 2002, the salary increase for employees in the bargaining unit shall be as follows:
1.A 3.5% increase across the board range adjustment on July 1, 2001.
C For the contract year July 1, 2002, the salary increase for Employees in the bargaining unit shall be as follows:
1. A. 3.5% increase across the board range adjustment on July 1, 2002.