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WELCOME TO MOU TRAINING

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Review the provisions of both union contracts ... distribution of increments must have completed original probationary period ... – PowerPoint PPT presentation

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Title: WELCOME TO MOU TRAINING


1
WELCOME TO MOU TRAINING
2
OBJECTIVES
  • Discuss working relationships between supervisors
    and employees in a labor-management context
  • Review the provisions of both union contracts
  • Highlight the most impactful provisions (on
    front-line supervisors)
  • AGENDA
  • How we got here..
  • Why were here.
  • Operating in our new Environment Provisions of
    the MOU
  • What Supervisors need to know..
  • Q A throughout

3
Key Terms
  • MOU Memorandum of Understanding, I.e. the
    union contract
  • Union The certified representative for
    bargaining
  • Bargaining Unit (BU) Employees to be
    represented
  • AFSCME The Union representing BU staff
  • ULP A charge filed against a party under
    state/federal law
  • Grievance A dispute heard under our internal
    process
  • BOR Board of Regents
  • Job Steward A representative designated by the
    Union
  • Supervisor Supervises two or more employees
  • Manager Directs operations
  • Confidential employee An employee privy to HR
    info

4
Introduction How we got here
  • Enough BU employees signed cards/petition to
    request an election
  • Employees voted
  • AFSCME won the right to represent employees in
    the BU
  • Management and AFSCME bargained over certain
    provisions
  • The parties agreed upon the MOUs
  • BOR approved the MOUs

5
Who is included?..
  • The bargaining units consist of employees who
  • Are not supervising two or more people
  • Are not managing
  • Do not have access to confidential information
    (that is, HR information which could affect
    bargaining)
  • The Bargaining Unit do not include
  • Contingent I and Contingent II employees
  • Faculty
  • Supervisors, Managers, and Confidentials

6
Why we are here
  • Enough employees felt the need to bond together
  • There are many different reasons employees seek
    out the Union
  • Not all employees in the bargaining unit signed
    cards OR voted in the ratification process, but
    all of them are nevertheless bound by the MOU
  • Employees cannot opt out!

7
Supervisor / Employee Relationship
  • Management is not powerless.
  • There are rules that we have to live by.
  • Prior conduct led us to the present.. Future
    conduct will set future direction.
  • Consequences of conduct grievance activity,
    restrictions in future MOUs, past practices, etc.

8
Civility defined at UM
  • Supervisor and Employee Working Relationships

9
LAWS What we MUST do
  • Compliance with federal and state laws and
    regulations to stay out of legal trouble
  • Title VII
  • Employment laws
  • Privacy and confidentiality
  • Workplace provisions
  • etc.

10
LAWS POLICIES What we WILL do
  • Conduct imposed by law, plus behavior articulated
    through policies and procedures
  • The organization publicly articulates that it
    will conform to these standards
  • UM Policies
  • Sexual Harassment Prevention policy
  • Human Relations code
  • Use of University resources policy
  • Personnel policies and procedures
  • Etc.

11
LAWS POLICIES CIVILITY RESPECT What we
SHOULD do
  • Range of conduct that has evolved through custom,
    practice and/or informal or unspoken agreement
  • Language
  • Attitude
  • Behaviors
  • Expectations
  • Performance
  • Courtesy
  • Fairness
  • Mutual Respect

12
Aggravating Factors
  • Things NOT on the list
  • Retaliation
  • Abusive Language
  • Favoritism
  • Disrespect
  • Harassment
  • Unequal workload
  • No communication / poor communication
  • No PRDs / poor quality PRDs
  • Unrewarding workplace

13
YOUR CONDUCT sets the standard for the work
environment
  • The employees perception is reality.
  • Day to day conduct sets the tone
  • What they will complain about
  • Grievances filed
  • Future MOU provisions

14
How to Increase Your Relationship Effectiveness
  • Increase Self-Awareness
  • Learn to Manage Yourself. Developing
    Self-Control
  • Be Empathetic. Walk in their Shoes

15
Changes in Operations
  • Each area must operate pursuant to these
    provisions.
  • Cannot establish individual practices or
    policies.
  • Individual supervisors could inadvertently
    create binding past practices which could
    extend to the campus as a whole.

16
2004 MOU Overview
  • Most of the policies remain the same
  • Some new concepts
  • Bereavement Leave
  • Advance notice on Non-Exempt overtime assignments
  • Labor-Management Problem Solving Committee
  • Handouts highlight the major new provisions in
    each MOU
  • Presentation will primarily follow Non-Exempt
    MOU, with Exempt rules noted if differences noted

17
2004 2007 MOU
  • Here we go..

18
2004 MOU
  • Preamble
  • promotion of harmonious relations
  • administration in a fair and expeditious
    manner
  • This is a statement of principle
  • Not to be the basis for a grievance

19
Article 1 Recognition Scope of Agreement
  • Section 1 - AFSCME Is The Certified
    Representative for This Unit (p.1)
  • Section 2 - New Jobs Which Are Excluded From Unit
    (pp.1-2)

20
Article 1 Recognition Scope of Agreement
  • Section 3 - Effect on USM, BOR and UMCP
    Policies (p.2)
  • a) Policies unchanged unless altered by MOU (in
    part or in full)
  • b) Subject to all pre-existing laws, USM Charter
    and By-Laws and existing third party contracts
  • c) Policies affecting terms and conditions of
    employment cannot be changed without 30 days
    notice to the Union and an opportunity for the
    Union to bargain about changes, unless required
    by law

21
Article 1 Recognition Scope of Agreement
  • Section 4 - Bargaining Unit Work / No
    Contracting Out (p.2)
  • Endeavor to use BU employees for BU work rather
    than contract out
  • If permanently displacing, requirement to provide
    notice and will meet with Union if requested
  • Not a violation of MOU for other employees to
    perform work if traditionally and customarily
    performed as long as does not directly cause
    layoff

22
Article 2 Non-Discrimination
  • Section 1 Non-Discrimination (p.3)
  • Section 2 Employee Rights (p.3)
  • Five (5) days notice of intent to file ULP

23
Article 3 Hours of Work
  • Section 1 Workweek and Work Schedules (p.3)
    Nonexempt
  • Each employee will be given a regular work
    schedule.
  • If it is being permanently changed, must provide
    30 days notice
  • Temporary changes (lasting 30 days or less)
    require 10 days notice
  • Except in emergencies or demonstrated need beyond
    the Universitys control
  • Employees involuntarily transferred to shift
    requiring work on both Saturday AND Sunday
    receive 8 per weekend not part of overtime
    calculation

24
Article 3 Hours of Work
  • Section 2 Copy of Job Description (p.3)
  • Upon initial and each change in job
    classification, work schedule or work location,
    each employee is to receive, in writing, a copy
    of his/her job description, applicable salary,
    work location and work schedule (if applicable)

25
Article 3 - Hours of Work
  • Section 3 Breaks (p.4) Nonexempt
  • Two 15-minute breaks per day (pro-rated for
    part-time employees)
  • Not in addition to smoke breaks
  • Can be combined with lunch with supervisory
    approval
  • Cannot be used to arrive late or leave early
  • No overtime for working through break
  • Section 4 Lunch Break (p.4) Nonexempt
  • If work at least 6 hours, get 30-minute duty free
    lunch
  • Can be combined with breaks with supervisory
    approval
  • Cannot be used to arrive late or leave early

26
Article 3 - Hours of Work
  • Section 5 Overtime (p.4) Nonexempt
  • Continues to be based on hours in a paid status
    over 40 hours in a workweek
  • Section 6 Payment of Overtime (p.4) Nonexempt
  • Payment in the next pay period after reporting
  • If payment is delayed more than a full pay
    period, the University will arrange special
    payment

27
Article 3 - Hours of Work
  • Section 7 Advance Notice of Overtime (p.4)
    Nonexempt
  • Shall provide at least one days notice of
    overtime assignment
  • Unless overtime is due to an emergency or because
    of a demonstrated need beyond the Universitys
    control

28
Article 3 Hours of Work
  • Section 8 Compensatory Time Off (p.5) NEW!
    Nonexempt
  • At the request of the employee, compensatory time
    can be earned in lieu of overtime payment
  • Earned at the rate of time and one-half for each
    hour of work
  • Request to earn comp time (in lieu of payment)
    shall not be unreasonably denied
  • Not an unreasonable denial in department/office
    where there are 3 or fewer non-exempt bargaining
    unit employees
  • Compensatory time accumulates up to 60 hour
    maximum at the end of January, April, July, and
    October
  • Hours over 60 must be paid out the next pay
    period after the above months
  • All hours over 12 months old may be paid out at
    the discretion of the University
  • Departments with employees over 60 hours will be
    contacted
  • New PHR Time Leave Codes

29
EXEMPT WORK RULES Work typically requires 80
hours per biweekly period, but is not measured
solely by hours worked. Limited compensatory
time could be granted. Lunch and other breaks
are available. Telecommuting might be
allowed. Recall to work might prompt a relief
period. Acting Capacity and Temporary
Assignments incorporated.
30
Article 4 Wages and Compensation
  • Section 1 Salary Increases (p.5)
  • (a) In July of each year, the University and
    Union will sit down and discuss possible salary
    increases to be included in the asking budget
  • (b) FY2005 Union members will receive same as
    everyone else
  • (c ) Unless told otherwise, BOR salary guidelines
    will govern distribution of increments must
    have completed original probationary period to be
    eligible, etc.

31
Article 4 Wages and Compensation
  • Section 2 Shift Differential (p.6)
  • No change to current BOR policy VII 4.60
  • Section 3 Hazardous Duty Pay (p.6)
  • Asbestos situations
  • Section 4 Acting Capacity Pay (p.6)
  • No change to current BOR policy VII 9.50

32
Articles 5, 6 7
  • Article 5 Performance Evaluation (p.6)
  • After much negotiations, no change to current
    policy
  • Article 6 Health and Welfare
  • Section 1 Maintenance of Benefits (p.6)
  • Same as other State employees
  • Section 2 EAP (p.7)
  • Article 7 Tuition Remission (p.7)
  • Will maintain tuition remission benefits during
    the term of the Agreement

33
Article 8 Probationary Period
  • Section 1 Probationary Period (p. 7) Nonexempt
  • Probationary Period 6 months ONLY no
    extensions
  • Section 2 Transfers (p.7) Nonexempt
  • Probationary Period 3 months if voluntarily
    laterally transferred
  • No salary increase when probation completed
  • If employee doesnt work out, can return to old
    position if not filled
  • Section 3 Probation of Contingent II Employees
    (p.7)
  • Conversion from Contingent II to Regular
  • Thirty days as long as employee goes into same
    job and has employment service of at least six
    months

34
PROBATION FOR EXEMPT
  • 12 months for new employees
  • 9 months for status change after original
    probation
  • No probation if transfer or reinstatement after
    original probation

35
Article 9 Leaves of Absence (LOAs)
  • Section 1 Eligibility for LOAs (p. 8)
  • Must work at least 50 to accrue leave PAID
    LEAVE
  • Accrued each pay period used in hours
    minutes
  • Section 2 Annual Leave (p.8)
  • Affirms major provisions of BOR Policy VII-7.00
  • New provision which reimburses employees for
    forfeited costs when vacation cancelled by
    University after prior approval
  • Wont be denied annual leave for entire calendar
    year except for certain business reasons never
    denied two years in a row

36
Article 9 Leaves of Absence (LOAs)
  • Section 3 Annual Leave Accrual (p.8)
  • Rate of accrual remains the same
  • Section 4 Annual Leave Advancement (p.9)
  • No change except to describe payback of debt
  • Section 5 Sick Leave (pp.9-10)
  • Only minor changes ex., can now use sick leave
    for foster children
  • Eliminates job performance as criteria for
    granting advanced sick leave

37
Article 9 Leaves of Absence (LOAs)
  • Section 6 Proof of Illness or Injury (pp.
    10-11)
  • No change to current BOR Policy VII 7.45
  • Section 7 Personal Leave (p. 11)
  • No change to current BOR Policy VII 7.10
  • Section 8 Religious Observance (p.11)
  • No change to current BOR Policy VII 7.10

38
Article 9 Leaves of Absence (LOAs)
  • Section 9 Military and War Leaves (pp.11-12)
  • No change to current BOR Policy VII 7.23 or
    7.24
  • Section 10 Jury Duty, Administrative Leave and
    Arbitrations (p.12)
  • No change to current BOR Policy VII 7.21 7.22

39
Article 9 Leaves of Absence (LOAs)
  • Section 11 Bereavement Leave (p. 12)
  • New provision 3 days paid leave (5 days if
    overnight travel required) in the event of the
    death of immediate family member (or relative
    permanently living with family at time of
    persons death)
  • No longer required to use sick leave
  • 1 day of leave where death involves employees
    (or spouses) aunt, uncle, niece or nephew
  • New PHR leave code created entered by employee
    OR supervisor
  • Now applicable to all regular Exempt and
    Non-Exempt employees

40
Article 9 Leaves of Absence (LOAs)
  • Section 12 Administrative Leave (pp. 12-13)
  • Leave for several purposes including emergencies
    declared by the University and where in the best
    interest of employee
  • Creates paid release time for Union business
    (such as attending conventions or leave for
    certain Union offices -- President of Council 92
    or Local 1072)
  • 1 day for every 60 bargaining unit members
  • Once exhausted, no more unless otherwise provided
    for under the Agreement (such as for grievance
    handling)
  • Seven days advance notice to University Human
    Resources
  • Leave will not be unreasonably denied
  • New PHR leave code only supervisors may enter
    this code

41
Article 9 Leaves of Absence (LOAs)
  • Section 13 Counsel 92 Presidents and Local
    1072 Leave (p. 13)
  • If elected, may request an unpaid leave of
    absence not to exceed two (2) years
  • Not to have negative impact on employees career
    at the University
  • New PHR leave code established entry made only
    by supervisor
  • Section 14 Leave of Absence W/O Pay (p. 13)
  • No change to BOR VII 7.12
  • Not to be used because employee ran out of sick
    leave or vacation

42
Article 9 Leaves of Absence (LOAs)
  • Section 15 Family Medical Leave (p. 14)
  • Contains only highlights - No change to current
    BOR Policy VII 7.50
  • Section 16 Leave Reserve Fund (p. 15)
  • No change to current BOR Policy VII 7.11
  • Section 17 Leave Upon Return or Reinstatement
    (p.15)
  • No change to current policy

43
Article 9 Leaves of Absence (LOAs)
  • Section 18 - Transfer of Annual Leave (p. 15)
  • No change to BOR Policy VII 7.00
  • Section 19 Leave Cash Out (p. 15)
  • No change to BOR Policy VII. 7.00

44
Article 10 Holidays
  • Section 1 Recognized Holidays (p. 16)
  • No change to current BOR Policy VII 7.30
  • Section 2 Days of Observance (p. 16)
  • Only change is that if dates of observance are
    changed, notice to Union required
  • Section 3 Holiday Pay (pp. 16-17)
  • Only change is that if employee is required to
    work on the holiday, has option to request pay
    rather than substitute holiday
  • New WOW report available on employees not using
    their holiday within the 90-day timeframe.

45
Article 10 Holidays
  • Section 4 Payment of Carried-Over Holidays (p.
    17)
  • No change to current BOR Policy VII 7.30
  • Section 5 - Substitute Holidays (p. 17)
  • No change to current BOR Policy VII 7.30

46
Article 11 - Maintenance of Membership
  • Section1 Payroll Deduction (p. 17)
  • No change from current practice includes a
    hold harmless clause for the University
  • Section 2 Remittance of Union Dues (p. 17)
  • No change from current practice except to provide
    mechanism for making corrections

47
Article 12 Union Rights
  • Section 1 Right of Access (p. 18)
  • New provision allowing reasonable access to
    non-employee Union representatives
  • Are subject to change from current practice
    includes a hold harmless clause for the
    University
  • Section 2 Right to Employee Information (p. 18)
  • Certain quarterly reports will be provided

48
Article 12 Union Rights
  • Section 3 Meeting Space (p. 18)
  • To be granted access to meeting space as any
    other non-University group, but will be charged
    same rate as University groups
  • Section 4 Bulletin Boards (pp. 18-19)
  • New provision providing for bulletin board space
    in each campus building having non-exempt
    bargaining unit employees

49
Article 12 Union Rights
  • Section 5 Electronic Campus Mail Access (p.
    19)
  • Individual employees may have short messages
  • Nine mass emails per year
  • Courtesy copy to University within 24 hours
  • Cannot use campus mail
  • Not permitted to use University photocopying or
    printing

50
Article 12 Union Rights
  • Section 6 - New Employee Information (p. 19)
  • 20 Minutes at end of University Human Resources
    orientations (or departmental orientation session
    if done in lieu of UHR orientation session)
  • Only one AFSCME orientation (not separate
    exempt/non-exempt presentations)
  • If new employee does not attend a University
    orientation within first 30 days, at option of
    employee may get 20 minutes to meet with Union
    official to obtain same
  • To be coordinated with supervisor

51
Article 12 Union Rights
  • Section 7 - Prohibited Activity (p. 20)
  • Union agrees there will be no strikes,
    sickouts, slowdowns, work stoppages, failing to
    perform duties
  • Constitutes a violation of law

52
Article 13 Job Stewards
  • Section 1 Union Job Stewards (p. 20)
  • Up to 20 job stewards to be named
  • They have 4,500 cumulative hours of paid release
    time for things like conducting orientations,
    grievance investigation and meetings with
    management such as the Labor Management Problem
    Solving Committee
  • UP TO 10 JOB STEWARDS FOR EXEMPT, CHARGED TO 2400
    HOURS ACCOUNT.
  • New PHR leave code - only supervisors can enter

53
Article 13 Job Stewards
  • Section 2 Duties (p. 20)
  • Stewards responsible for investigating and
    processing Union grievances under the MOU
  • Upon request of employee, responsible for
    investigating and processing employee grievances
  • Use new PHR leave code entered by supervisors
    only
  • Section 3 Meetings with Management (p. 20)
  • Either for processing grievances, administering
    MOU, or serving on LMPSC
  • Not to be used for collective bargaining
    negotiations

54
Article 14 Management Rights
  • Section 1 Statutory Rights (p. 21)
  • Affirms all rights under provided to management
    under State Higher Education Labor Relations Act
  • Includes the right to hire, fire, promote,
    discipline, discharge, layoff, transfer, etc.
  • Section 2 Fees for Service (p. 21)
  • Bargaining unit members will pay prevailing rate
    for voluntary campus services for the life of the
    contract
  • Parking fees handled separately under Side Letter
    2

55
Article 15 Disciplinary Action
  • Section 1 Progressive Discipline (p. 21)
  • Statement that the University subscribes to the
    tenets of progressive discipline, for example
  • Counseling
  • Written Reprimand
  • Suspensions
  • Termination
  • Does NOT mean that each offense must begin with a
    counseling memo ?written reminder ? 1 day
    suspension, etc. Decided case-by-case basis
  • No employee will be disciplined without cause

56
Article 15 Disciplinary Action
  • Section 2 Disciplinary Action (p. 21)
  • Describes possible responses, both disciplinary
    and administrative
  • Section 3 Right to Union Representation (p.21)
  • Reflects rights extended by the U.S. Supreme
    Court
  • Generally known as Weingarten Rights

57
Weingarten Rights
  • Investigatory interviews ONLY
  • Used only when the employee reasonably believes
    the situation may result in disciplinary action
    against him/her
  • Request for steward must be initiated by the
    employee (not required to offer)
  • Questioning must STOP postpone meeting
  • Right to prior consultation with representative
  • Representative cannot interfere there to bring
    out most favorable information
  • Any questions Call Staff Relations at
    301-405-5651

58
Article 15 Disciplinary Action
  • Section 4 Time Limits (p. 22)
  • Discipline and dismissal to be imposed no later
    than 10 days from when the University knew (or
    should have known) of the event
  • Suspensions must be imposed within 3 days

59
Article 16 Grievance Procedure
  • Article deals with two types of grievances (p.
    22)
  • Those arising solely out of the provisions of the
    MOU ex., bulletin boards
  • Follows same procedures as existing grievance
    process
  • The Union will be the only principals who will
    serve as representatives in such grievances
  • Those arising out of traditional grievance
    procedure
  • Described in Side letter 3
  • No change to existing procedures
  • Recognizes AFSCME as the sole labor organization
    to represent bargaining unit employees in the
    grievance process
  • Employees still have right to choose anyone else
    to represent them in grievances (including
    self-representation)

60
Article 17 Uniforms and Equipment
  • Section 1 Uniformed Job Classifications (p. 22)
    Nonexempt
  • University determines which jobs require uniforms
  • Where required, five sets will be provided, plus
    any seasonally required items
  • Uniforms will be replaced not more than once per
    year at Universitys expense, and not if
    necessitated by gross negligence
  • Employees responsible for cleaning and routine
    maintenance
  • Uniforms remain the property of the University

61
Article 17 Uniforms and Equipment
  • Section 2 Safety Glasses (p. 22)
  • Where primary duties require safety glasses
  • University and applicable safety codes determine
    who receives non-prescription glasses
  • For employees receiving prescription safety
    glasses, to be replaced every two years, if
    necessary
  • Operating areas must NOT make replacements more
    frequently except where destroyed during work
    through no fault of the employee
  • Example of where variation may extend to entire
    University
  • Consistent with current administrative practices

62
Article 17 Uniforms and Equipment
  • Section 3 Safety Shoes (p. 22)
  • Where duties require safety shoes
  • University and applicable safety codes determine
    employees who require safety shoes
  • Section 4 Personal Protective Clothing and
    Equipment (p. 23)
  • University and applicable safety codes determine
    employees who require such clothing and/or
    equipment

63
Article 18 Health Safety
  • Section 1 General Duty (p. 23)
  • Creates Labor Management Problem Solving
    Committee (described in Article 19)
  • Affirms commitments to safe work environment

64
Article 18 Health and Safety
  • Section 2 Duties of Health Safety Committee
    (p. 23)
  • LMPSC may review or recommend new or revised
    safety and health rules, discuss current safety
    conditions or problems, or discuss safety
    laws/regulations
  • Final determinations remain a proper function of
    management
  • Steward hours working on LMPSC charge to Article
    13, Section 1

65
Article 18 Health and Safety
  • Section 3 Cardiopulmonary (CPR) Training (p.
    23)
  • Where CPR training may be valuable job-related
    skill as determined by the University
  • CPR training paid for by University
  • Given by certified trainer
  • If request denied, may appeal to Director of
    Staff Relations

66
Article 18 Health and Safety
  • Section 4 Weather-Related Conditions (p. 24)
  • No change
  • With supervisory approval, employees are allowed
    to use annual or personal leave in the face of
    potentially hazardous weather conditions
  • With the exception of essential employees and
    unless the campus is under closure, delayed
    opening or early closure.
  • Section 5 - Hepatitis B (p. 24)
  • University will pay for vaccine when employees
    have contact with blood or other bodily fluids

67
Article 18 Health and Safety
  • Section 6 Communicable Diseases (p. 24)
  • As currently done, employees will be provided
    with information about diseases to which they may
    have routine exposure
  • Annual training on recognition and prevention of
    such diseases and blood borne pathogens as
    established and required by OSHA
  • Section 7 Physical Exams (p. 24)
  • As currently done, University will pay for exams
    and tests when employees health is affected by
    an on the job injuries, exposure to harmful
    agents or assaults while on campus

68
Article 18 Health and Safety
  • Section 8 Inspection by Governmental Agencies
    (p. 24)
  • Union representative entitled to accompany
    governmental reps during health safety
    investigations directly affecting bargaining unit
    employees
  • University will furnish Union with copy within 2
    workdays following receipt

69
Article 18 Health and Safety
  • Section 9 Unsafe Conditions (pp. 24-25)
  • Provision already required because of Supreme
    Court decision in Whirlpool - long-standing
    provision (since late 1980s)
  • Where employee has a reasonable basis to believe
    an assignment will subject him/her to serious
    injury or death, may not have to perform task IF
  • Exercised all reasonable options including
    consulting with supervisor
  • No reasonable alternative to prevent risk of
    serious injury or death
  • Employee reports the condition to supervisor
  • In such cases, no retaliation, including
    discipline
  • Very extreme and limited situations

70
Article 18 Health and Safety
  • Section 10 Indoor Air Quality (p. 25)
  • University will provide healthy air quality and
    attempt to provide comfortable air temperature in
    buildings consistent with state and federal
    standards
  • Section 11 Asbestos (p. 25)
  • Employees working with or exposed to asbestos in
    the performance of their duties University will
    take appropriate precautionary measures (ex.,
    equipment, training)
  • Provide copies of inspections to Union

71
Article 18 Health and Safety
  • Section 12 Reproductive Hazard (p. 25)
    Nonexempt
  • Applies to pregnant women only
  • Can request reassignment if works in an
    environment with reproductive hazards
  • If reassigned, job will be in same department
    with no loss of pay
  • Section 13 No Retaliation (p.25)
  • University commits it will continue not to
    retaliate for reporting safety concerns or
    exercising rights under this Article

72
Article 18 Health and Safety
  • Section 14 Accident Inspection and Release Time
    (p. 26)
  • Will notify Union within 48 hours where accident
    involves a bargaining unit employee
  • Member of the LMPSC may accompany accident
    inspection
  • Reasonable release time for such inspections

73
Article 19 Labor-Management Problem Solving
Committee
  • Section 1 Purpose of Committee (p. 26)
  • Established to review operations of this MOU
  • No Agreement can be reached absent mutual
    agreement
  • Section 2 Scope and Composition of Committee (p.
    26)
  • Will meet to oversee and discuss issues affecting
    the operation of the MOU
  • Consists of not more than 6 representatives each
    from
  • 1) the University, and
  • 2) The Union or employees sufficient authority
    to facilitate meeting items

74
Article 19 Labor-Management Problem Solving
Committee
  • Section 2 Scope and Composition of Committee
    (p. 26)
  • For first 6 months, will meet monthly
    thereafter, every other month, provided there are
    agenda items first meeting July 29
  • Agenda items must be submitted in writing at
    least one week before the scheduled meeting
  • Participants granted up to 2 hours of paid
    release time
  • Stewards on committee have hours charged against
    4,500 in Article 13, Section 1

75
Article 19 Labor-Management Problem Solving
Committee
  • Section 3 Committee Limitations (pp. 26-27)
  • May raise any issue, however, cannot be used for
    grievances
  • No MOU provision may be modified or replaced
    without mutual agreement
  • If agreed, must be reduced to writing and becomes
    a side letter to MOU, subject to total approval
    and execution

76
Article 20 Shared Governance
  • Shared Governance (p. 27)
  • Union affirms it supports entities like
    University senate, committees and forums, and all
    may continue
  • May talk about issues which would normally be the
    subject of bargaining
  • Recommended action on wages, hours and working
    conditions affecting bargaining unit employees
    cannot be approved, finalized or implemented
    until the University notifies and bargains with
    AFSCME on that subject

77
Article 20 Shared Governance
  • Shared Governance continued (p. 27)
  • Items on permissive subjects of bargaining
    cannot be approved, finalized or implemented
    until the University notifies and, if requested,
    bargains with AFSCME on that subject
  • As required, the University has provided the
    Senate, etc. with a copy of this provision
  • Bargaining unit employees not prohibited from
    serving on such bodies
  • Bargaining unit members serving on such bodies
    cannot waive MOU provisions on behalf of the
    Union

78
Article 21 Miscellaneous
  • Section 1 Attendance at Job Interviews (p. 28)
  • Up to four (4) hours per quarter to interview for
    other University positions outside of the
    employees own department
  • Section 2 Job Related Training (p. 28)
  • Paid release time to attend up to three job
    related trainings per year with supervisory
    approval

79
Article 21 Miscellaneous
  • Section 3 Release Time for Campus or System
    Sponsored Committees (p. 28)
  • Bargaining unit employees elected or appointed
    to
  • Campus Senate and Senate standing committees
  • USM Councils
  • Otherwise appointed by President or Provost to a
    campus or system committee
  • Granted paid release time to fulfill those
    responsibilities on same basis as non-bargaining
    unit employees on such bodies

80
Article 22 Layoffs
  • Section 1 Layoff Notice (p. 28)
  • Essentially the same as procedure currently in
    place
  • If Union requests, will meet to discuss the
    effects of the layoff or specific issues not
    covered by MOU
  • Section 2 Order of Layoff (pp. 28-29)
  • Same as procedure currently in place
    probationary employees before regular employees
  • Lowest number of points first laid off
  • EXEMPT EMPLOYEES Seniority in job title AND job
    function
  • Section 3 Seniority Points (pp. 29-30)
    Nonexempt
  • Calculated on the same basis
  • In case of ties, University and Union will select
    which employee will be laid off

81
Article 22 Layoffs
  • Section 4 Displacement Rights (p. 30)
  • Key provisions remain the same
  • Applies to all non-exempt jobs (not just
    positions in the bargaining unit)
  • If do not bump (or cannot), is laid off
  • Section 5 Priority Consideration for
    Re-Employment (pp. 30-31)
  • Same right to 3 years priority consideration
  • First priority to those laid off from hiring
    department greatest number of points offered job
  • If vacancy in another department, receive
    priority over other University staff and
    non-University candidates
  • If Department wants to reject, must get written
    concurrence from Director, University Human
    Resources

82
Article 22 Layoffs
  • Section 6 Re-Employment Notifications (p. 31)
  • Must be sent certified mail/return receipt
  • Seven days from first delivery attempt to accept
  • Up to 14 days to resume work
  • Section 7 Earned Wages and Accrued Benefits (p.
    31)
  • No change to current practice
  • Receive all separation wages and benefits in
    first check after layoff effective

83
Article 22 Layoffs
  • Section 8 Administrative Leave (p. 32)
  • All employees must get 90 days of duty-free
    administrative leave
  • If must work part of 90 day notice period, notice
    is extended until have 90 days of administrative
    leave
  • Section 9 Tuition Remission (p. 32)
  • No change to current practice
  • Semester in which layoff occurs plus one semester

84
Article 23 Duration of MOU
  • Section 1 Duration (p. 32)
  • Term is 3/9/04 to 3/8/07
  • EXEMPT term is 7/1/04 to 6/30/07
  • Section 2 Renewal (p. 33)
  • Automatically renews unless bargaining requested

85
Non-Exempt MOU Side Letters
  • Side Letter 1 Facilities Management Overtime
    Nonexempt
  • Side Letter 2 AND EXEMPT Parking Fees
    Bargaining unit employees will pay prevailing
    rate
  • Professional Development Day provided for in each
    contract year
  • 15 days notice
  • No more than 40 employees at a time
  • Denial not unreasonably withheld
  • Requests go through the Union to University Human
    Resources
  • Union determines what the Professional
    Development Day will be used for, not the
    employee
  • Side Letter 3 Grievance Procedure
  • Statutory grievance procedure no change

86
CONCLUSION What Do Supervisors Need to Know
  • High Impact Provisions
  • What have I heard today that affects my
    operation now?
  • What have I heard today that affects my
    planning?
  • When in doubt, ask Staff Relations!

87
CONCLUSION
  • It will take time
  • Dont just accept their word on what a provision
    says or how it is to work
  • If the MOU is administered contrary to the
    written word, the meaning can be changed.
  • AND it will change for every entity across
    campus.

88
Thank You
  • Staff Relations Extension 5-0001
  • Cherie Forster x5-3576
  • Bill Pugh x5-5681
  • Jennifer Smith x5-0193
  • Natalie Torres x5-0001
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