This Memorandum of Agreement is entered into by and between the PSA/NEA URI and the Board of Governors/University of Rhode Island on this 1st day of July, 2000, and applies during the term of the 2000-2003 contract.
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 July 1, 1985, who are eligible to assert bumping rights under Section XVIII.3 in the event their position is converted.
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.
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 January 1, 2001 shall not be required to pay union membership dues for the term of the non-union appointment.
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.
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. 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 June 30, 2003, unless it is extended by express agreement of the parties. This Agreement shall not constitute or be used as a precedent.
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.
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 Union. A representative of the Personnel Office and a representative of the Union will meet with the laid-off employee (if he/she desires a meeting) and advise him/her of their contractual rights after the need to lay off has been determined. Copies of all layoff notices will be sent to the Union.
2. The Union agrees to maintain a recall list, that is, a list of all individuals who have been laid off and who desire to be placed on recall. Those individuals who desire to be placed on the recall list, shall submit their name to the Union office. The Union shall periodically update this list and give a copy of same to The University Personnel Office.
3. Individuals who are on the recall list, are responsible for maintaining a correct current address with the Union.
4. The Office of Human Resource Administration will forward to the Union a copy of The University Affirmative Action Form "A" Vacancy Declaration for all bargaining unit positions which are posted.
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 tothe 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 availablework 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 Union.
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 Union or 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.
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 May 1, 1992. All appointments made prior to May 1, 1992 shall not be subject to challenge. The pending grievance by the URI/PSA alleging a violation of Article IX is hereby withdrawn without prejudice and settled.
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 June 30, 2003.
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.
A study committee shall be established to review compensation practices and work schedules concerning the fundraising staff.