COLLECTIVE BARGAINING AGREEMENT
between the
UNIVERSITY of MEDICINE and DENTISTRY
of
NEW JERSEY
and
Office Professional Employees International Union Local 153
(July 1, 1999 - June 30, 2003)
INDEX
ARTICLE/TITLE
ARTICLE II FAIR TREATMENT
ARTICLE VI ADMINISTRATION OF AGREEMENT
ARTICLE VII WAGES
ARTICLE X VACATIONS
ARTICLE XIV STAFF PERFORMANCE EVALUATION
ARTICLE XV LEAVES OF ABSENCE
ARTICLE XVII UNIVERSITY - UNION BUSINESS
ARTICLE XIX PRESERVATION OF RIGHTS
ARTICLE XX
ARTICLE XXII AVAILABILITY OF CONTRACTS
ARTICLE XXIII
APPENDIX A - Attendance Control Policy
APPENDIX B - Layoffs
The University of Medicine and Dentistry hereby recognizes OPEIU, Local 153 of AFL-CIO for the purpose of collective negotiations for all terms and conditions of employment in a unit of staff employed by the University of Medicine and Dentistry at all locations as set forth in Paragraph (B) hereof.
A. The staff included are:
1. Security Officers
3. Regular Full-time, Part-time staff in the above category who regularly work a minimum of 20 hours per week.
4. Temporary full-time staff in category 1 above who have been continuously employed by the University in the same position for a period of six months or longer.
1. Public Safety Interns
2. University Police Officers
3. Sergeants
4. Managerial Executives
5. All other part-time, casual or Temporary staff
This Agreement between the University of Medicine and Dentistry of New Jersey and Office and Professional Employees International Union Local 153 AFL-CIO has been created for the purpose of furthering harmony and mutual understanding between the University, the Union and its staff.
It is mutually understood that the mission of the University is to provide a quality education to its students and through its hospital facilities to deliver uninterrupted quality medical care to its patients and that this Agreement is intended to contribute to the fulfillment of that mission.
The parties agree to follow a policy of non-discrimination on the basis of age, race, color, creed, national origin, ancestry, sex or marital status, political affiliation or participation in or association with the activities of any employee organization.
All staff are entitled to fair and equitable treatment
by supervision and management with regard to the terms and conditions of
employment that affect them.
ARTICLE I
A. The University
hereby retains and reserves unto itself, without limitation, all powers,
rights, authority, duties and responsibilities conferred upon and vested
in it prior to the signing of this Agreement by the laws and Constitution
of the State of New Jersey and of the United States, including, but without
limiting the generality of the foregoing, the following rights:
2. To hire all staff and subject to the provisions of law, to determine their qualifications and conditions for continued employment, or assignment, and to promote and transfer staff;
3. To suspend, demote, discharge or take other disciplinary
action for good and just cause according to law.
C. Nothing contained herein shall be construed
to deny or restrict the University of its rights, responsibilities and
authority under national, state, county or local laws or ordinances.
ARTICLE II
Provisions of Article XI (Seniority and Transfers)
shall not be applicable to any temporary full-time staff in this unit.
A. The University agrees to provide adequate and regularly maintained sanitary facilities for staff use. Each staff member will maintain acceptable standards of personal hygiene and cleanliness in accordance with the requirements of his job.
B. The University shall furnish identification cards to all staff. Lost cards shall be reported immediately.
C. Whenever a staff member is delayed in reporting
for a scheduled work assignment, he shall endeavor to contact his supervisor
in advance, if possible. A staff member who has a reasonable excuse and
is less that five (5) minutes late is not to be reduced in salary or denied
the opportunity to work the balance of his scheduled shift and he shall
not be disciplined except where there is evidence of repetition or neglect.
Lateness beyond the five (5) minute period above shall be treated on a discretionary basis. However, this provision is not intended to mean that all lateness or each incidence of lateness beyond five (5) minutes shall incur disciplinary action or loss of opportunity to complete a work shift or reduction of salary.
D. Lateness or Absence Due to Weather Conditions
b. Staff members required to work or given permission to work on an Inclement Weather Day will be given additional compensation in accord with the University's Inclement Weather Day Policy.
c. Should the University declare an Inclement Weather Day all Security Officers or Security Dispatchers who have been scheduled to work, are already at work, or directed to report to work, must report to work or remain at work. Failure to comply will result in a loss of pay for the day(s) and may result in disciplinary action.
2. If an Inclement Weather Day is not declared
by the University, staff members receiving permission from his/her department
head/designee not to report to work due to weather conditions shall utilize
accrued benefit time (i.e. vacation time, float holiday) other than sick
time or if no accrued benefit time is available, shall result in a loss
of pay for the day(s). Staff members not excused from work for the day
and who do not report to work will be salary deleted and may be subject
to discipline.
3. Staff members reporting to work late for duty
due to delays caused by weather conditions and who made a reasonable effort
to report on time may be given credit for such late time at the discretion
of the Director of Public Safety.
ARTICLE IV
2. A claimed violation, misinterpretation, or misapplication of rules or regulations, existing policy, or orders of the University affecting the terms and conditions of employment.
1. The purpose of this procedure is to assure prompt and equitable solutions of problems arising from the administration of this Agreement or settlement of staff grievances.
2. It is agreed that the individual staff member is entitled to utilize this grievance procedure and to Union representation in accordance with the provisions thereof. He shall not be coerced, intimidated or suffer any reprisals as a direct or indirect result of its use.
2. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. When a grievant has Union representation, the Union's decision to request the movement of any grievance at any step or to terminate the grievance at any step shall be final as to the interests of the grievant and the Union.
3. Any claim of unjust discipline against a staff member shall be processed in accordance with the provisions of this Article.
4. All disciplinary grievances must be signed by the individual grievants prior to the filing of the Step II appeal or within two (2) work days of the filing of the appeal.
5. Reference by name or title or otherwise in this Agreement to Federal or State laws, rules, regulations promulgated thereunder, formal policies or orders of the State and/or University shall not be construed as bringing any allegation concerning the interpretation or application of such matters within the scope of arbitrability as set forth in this Agreement except as provided in this Agreement.
6. Grievance resolutions or decisions at Step I and II shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the University and Union. This shall not be construed to preclude either party from introducing relevant evidence, including such grievance resolutions, as to the prior conduct of the other party.
7. No adjustment of any grievance shall impose retroactivity beyond the date on which the grievance was initiated or the twenty-one (21) day period, provided in E.1 below except that payroll errors and related matters shall be corrected to date of error.
8. The Union representative and the University have the right directly to examine or cross-examine witnesses who appear at any step of this procedure.
9. Discipline under this article means official written warning, suspension without pay, reduction in grade or dismissal from service, based upon the personal conduct or performance of the involved staff member. Dismissal from service or reduction in grade based upon a layoff or operational changes made by the University shall not be construed to be discipline.
10. Just cause for discipline including dismissal from service shall include those causes set forth in the University Rules and Regulations. This list of causes is not exclusive and discipline up to and including dismissal from service may be made for any other combination of circumstances amounting to just cause.
11. Where an appointing authority or his designee imposes discipline pursuant to paragraph 10, written notice of such discipline shall be given to the staff member. Such notice shall contain a reasonable specification of the nature of the charge, a general description of the alleged acts and/or conduct upon which the charge is based and the nature of the discipline.
12. The name of any staff member who is notified of suspension or dismissal pursuant to paragraph 11 shall be transmitted to the Union as soon as feasible but not to exceed 72 hours after such notice excluding weekends.
13. The terms of this Article shall not apply to probationary a staff member, provided it does not exceed six months. This exclusion shall not apply to probationary staff who otherwise hold regular appointment in a job classification included in the negotiating unit, except that under no circumstances will the University's judgment as to the adequacy of the staff member's performance in a probationary period or any action taken in pursuance thereof be deemed to be discipline within the meaning of this Article.
14. Directive
A member of the unit who receives a verbal or written directive to report to the Campus Labor Relations Coordinator/Specialist, a supervisor or other administrative officer on a matter involving discipline, suspension or discharge may be accompanied by a representative of the Union local at the staff member's request. If during the course of a discussion between staff member and a representative of the Human Resources Department, a supervisor or other administrative officer, a matter should arise which could lead to a question of discipline, suspension or discharge, the staff member may, at that time, request such Union representation.
15. Where criminal charges are initiated, the right of the staff member to representation by his attorney shall not be violated.
16. A staff member shall not be disciplined for acts, except those which would constitute a crime, which occurred more than one year prior to the service of the notice of discipline or three months after the University had notice of the acts. The staff member's whole record of employment, however, may be considered with respect to the appropriateness of the penalty to be imposed.
17. Nothing in this Article of Agreement shall be construed to limit the right of the University to implement any disciplinary action notwithstanding the pendency of any grievance proceeding.
18. The University may, in lieu of a suspension, substitute a forfeiture of vacation days (or other benefit time, except sick time) up to or equal to the same number of days of suspension.
2. Reference to days in this procedure are working days of the party to which they apply except as otherwise specified.
3. Should a grievance not be satisfactorily resolved or should no decision be forthcoming in the prescribed time at Steps One or Two, the grievance may, within three (3) working days, be submitted to the next step. The lack of response by the University within the prescribed time, unless time limits have been extended by written mutual agreement, shall be construed as a negative response.
4. Where the subject of the grievance suggests it is appropriate and where the parties mutually agree in writing such grievance may be initiated at or moved to Step Two without a hearing at the lower step.
5. If the finding or resolution of a grievance at any step in the grievance procedure is not appealed within a procedure is not appealed within a prescribed time, said grievance will be considered settled on the basis of the last answer provided, and there shall be no further appeal or review.
6. Time limits under this article may be changed by written mutual agreement only.
7. Hearings shall be held and decisions after a scheduled grievance hearing shall be rendered in writing with the time limits below:
b. at Step Two the Hearing shall be held within twenty-one (21) calendar days of the receipt of the appeal from the Step One decision and a decision rendered within twenty-one (21) calendar days from the conclusion of the hearing.
2. Demotion
3. Discharge
2. Arbitrators shall be selected, on a case by case basis, under the selection procedure of the Public Employment Relations Commission.
3. In non-disciplinary matters, the arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement or laws of the State, or any written policy of the State or sub-division thereof or of the University, and shall confine his decision solely to the interpretation and application of this Agreement. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him, nor shall be final and binding, consistent with applicable law and this Agreement. In no event shall the same question or issue be the subject of arbitration more that once. The arbitrator may prescribe and appropriate back pay remedy when he finds a violation of this Agreement. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Agreement. Rules, regulations, formal policies or orders of the State or the University shall not be subject to revision by the arbitrator except if specifically provided herein. The fees and expenses of the arbitrator and recording of the procedure shall be divided equally between the parties. Any other cost of this proceeding shall be borne by the party incurring the cost.
4. Arbitrators in disciplinary matters shall confine themselves to determinations of guilt or innocence and the appropriateness of penalties and shall neither add to, subtract from, nor modify any of the provisions of this Agreement by any award. The arbitrator's decision with respect to guilt, innocence or penalty shall be final and binding upon the parties. In the event the arbitrator finds the staff member guilty, he may approve the penalty sought or modify such penalty as appropriate to the circumstances, in accord with discipline as set forth in paragraph C, above. Removal from service shall not be substituted for a lesser penalty. In the event the arbitrator finds the staff member guilty, he may approve the penalty sought or modify such penalty as appropriate to the circumstances, in accord with discipline as set forth in paragraph C, above. Removal from service shall not be substituted for a lesser penalty. In the event the arbitrator finds the staff member innocent or modifies a penalty, he may order reinstatement with back pay for all or part of period of suspension or reduction in grade for all or part of a period of suspension or reduction in grade for all or part of the period that the staff member was dismissed from service. The arbitrator may consider any period of suspension served or the period that the staff member was dismissed from service in determining the penalty to be imposed. Should the arbitrator's award provide reinstatement with back pay for all or part of a period of suspension, termination of service or reduction in grade, the staff member may be paid for the hours he would have worked in his normally scheduled work week, at his normal rate of pay, but not exceeding 40 hours per week or eight hours per day, less any deductions required by law or other offsetting income, for the back pay period specified by the arbitrator. The arbitrator's decision shall contain a short statement of the nature of the proceedings, the positions of the parties and specific findings and conclusions of facts. In addition, the arbitrator's decision shall discuss any of the testimony, evidence or positions of the parties which merit special analysis. The fees and expenses of the arbitrator and recording of the procedure shall be divided equally between the parties. Any other cost of this proceeding shall be borne by the party incurring the cost.
5. The arbitrator shall hold the hearing at a time and place convenient to the parties within thirty (30) calendar days of his acceptance to act as arbitrator and shall issue his decision within thirty (30) days after the close of the hearing.
6. In both disciplinary and non-disciplinary cases, a neutral arbitrator may head and decide only one grievance during one arbitration proceeding unless otherwise mutually agreed in writing by the parties. In the event either party asserts the grievance is barred or waived by the grieving party=s failure to follow procedures or adhere to the time limits specified in this Article, the neutral arbitrator selected in accordance with the provisions contained herein, shall render a decision as to the waiver or bar of the issue prior to any hearing on the merits of the grievance, unless the parties agree in writing otherwise.
ARTICLE V
ARTICLE VI
2. A salary range with specific minimum and maximum rates and intermediate merit incremental steps therein for each position.
3. Regulations governing the administration of the plan, including a staff member's Performance Evaluation.
4. The authority, method and procedures to effect modifications as such are required.
2. There shall be a $3.25% across-the-board increase effective November 7, 1999.
3. All shift differentials paid to members of this bargaining unit will be ninety (90) cents per hour effective January 2, 2000.
4. There shall be a 3.5% across-the-board increase effective September 10, 2000.
5. There shall be no step increments in each of the first two years of this agreement.
b. If negotiations are unsuccessful, the following terms will apply only in the third fiscal year
E. The parties to
this Agreement understand that the public services provided to the citizenry
of the State of New Jersey require a continuing cooperative effort. They
hereby pledge themselves to achieve the highestlevel of service by jointly
endorsing a concept of intensive productivity improvement which may assist
inrealizing that objective.
ARTICLE VIII
2. All full-time staff shall be scheduled to work a regular shift as determined by the University which work shifts shall have stated starting and quitting times. When scheduled changes are made, the maximum possible notice shall be given and the staff member's convenience shall be given consideration.
3. A staff member whose shift has changed shall be given adequate advance notice which normally will be at least one week except in the case of an emergency. Should such advance notice not be given, A staff member affected shall not be deprived of the opportunity to work the regularly scheduled number of hours in his workweek.
4. Work schedules shall provide for a fifteen (15) minute rest period during each one half (1/2) shift. Staff who are required to work beyond their regular quitting time into the next shift shall receive a fifteen minute rest period when the period of work beyond their regular shift exceeds two (2) hours.
5. The time sheet of a staff member shall be made available for inspection on his request.
6. When a staff member is called to work outside his regularly scheduled shift, he shall be compensated for the actual hours worked. He shall be guaranteed a minimum of two (2) hours compensation whether or not the two (2) hours are worked, except when the end of the call-in period coincides with the beginning of his regular shift.
2. All staff shall be compensated at time and one half (1 1/2) times the regular rate of pay for all hours worked in excess of forty hours. Overtime pay and other premium pay shall not be pyramided.
3. Such overtime hours shall be compensated either by (a) cash, or (b) compensatory time off; at the rate of one and a half (1 1/2) hours times the regular rate of pay for each hour worked.
4. For the purpose of computing overtime, all paid but unworked time will be counted, except for paid sick time.
5. Insofar as the same is practical and consistent with the efficiency of operations, overtime shall be scheduled and distributed on a rotational basis by job classification within each functional work unit without any discrimination. To the extent that it is practical and reasonable to foresee, the University shall give the staff member as much advance notice as possible relative to the scheduling of overtime.
6. For the purpose of this provision, each staff member is expected to be available for overtime work. A staff member who refuses an overtime assignment shall be considered to have worked for the purpose of determining equal distribution of overtime. Once a staff member is scheduled and accepts an overtime assignment, he shall be subject to all University rules and regulations and the appropriate provisions of this Agreement.
7. In cases where there are no volunteers and overtime is required, then the least senior qualified staff member of the staff on duty shall be required to stay and work the overtime. Such mandatory overtime shall be rotated starting with the least senior qualified staff member.
8. Lists reflecting the overtime call status of the staff shall be available to the Union in the functional work unit.
9. Supervisors shall be required to maintain accurate weekly records of a staff member's compensatory time balances. This record shall be made available for inspections upon request of the staff member.
ARTICLE IX
A.
Martin Luther King's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas
3. Float holidays may be used for emergency, personal matters, observation of religious or other days of celebration (but not officially recognized University holidays).
4. Supervisors shall have the right to require proof of an emergency. Failure of any staff member to supply such proof shall result in a loss of pay for the day(s) and appropriate disciplinary action may be taken.
5. Consistent with proper security, the University will make every effort to rotate major holidays among the staff within the work unit.
All bargaining unit members hired or returning from unpaid leaves of absences between January 2 and July 1 of any year will be credited with three (3) float holidays within one full pay cycle after July 1. No float holidays will be credited for individuals hired or returning from leave of absence from July 2-December 31 (individuals returning from leave from January 2 to July 1 will only receive the three holidays if they did not already receive float holidays for the particular year).
1. Effective January 1, 1997, staff required to work on the following holidays will be paid at the rate of time and one half (1 1/2) their regular rate of pay for all hours worked. In addition, the bargaining unit members shall receive either a scheduled day off or be credited with one (1) day of compensatory time. Part-time staff shall receive holiday payments on a prorated basis.
New Year's Day Independence Day
Christmas Martin Luther King's Birthday
Labor Day Memorial Day
Thanksgiving
2. Staff who are required to work on Good Friday or the Day after Thanksgiving shall be paid at straight time for all hours worked. In addition, the bargaining unit members will receive a scheduled day off or be credited with one (1) day compensatory time.
3. On any of the above Nine (9) holidays, University management retains the right to pay cash at straight time in lieu of granting a scheduled day off or crediting compensatory time.
ARTICLE X
Amount of Service:
Up to the end of the first
1 1/4 working days for each month
calendar year
From 1 to completion of 10 years 1 1/4 working days for each month
From 11 to 20 years 1 2/3 working days for each month
Upon completion of 20 years 2 1/12 working days for each month
2. A staff member may carry one (1) year of earned vacation time over into any new calendar year. If he/she wants to carry over more than one (1) year of earned vacation, he/she may make this request in writing to the appropriate department head and the Campus Human Resource Director.
3. All regular part-time staff who are included in this bargaining unit shall accrue vacation leave credit on a proportionate basis.
4. Staff will not be charged for vacation leave on a holiday or for the scheduled day off in lieu of a holiday.
5. When a staff member is on vacation and requires sick leave for any portion of that vacation leave, he/she must immediately request the use of accumulated sick leave, in accordance with the University policies through the designated authority. Such requests may be made by telephone, telegram or letter, but if by phone, should be confirmed by telegram or letter. No sick leave will be credited unless supporting medical evidence verifying the illness or injury is presented.
6. Departmental policies shall not automatically
restrict the amount of vacation time which staff can request to use at
one time. The granting/denial of such a request shall be based on the operational
needs of the department as determined by the Director of Public Safety
or his/her designee.
ARTICLE XI
A. Seniority
1.Job Promotion
Seniority will be one of the criteria for job promotions.
2.Seniority
Seniority will be credited from date of hire to all regular staff upon the completion of a one hundred eighty (180) days probationary period. The University reserves the right to extend the initial probationary period up to an additional thirty (30) days for full and part-time staff.
3.Layoff
Effective January 1, 2000, seniority will prevail in layoffs due to economic reasons or reorganization. Bumps shall be only within a job title ina University Operating Unit or to the immediate prior title on the campus. (See Appendix B for listing of University Operating Units)
4.Changes In Status
A staff member hired, transferred, bumped, reclassified or promoted shall serve a one hundred eighty (180) days probationary period. If a newly hired staff member fails probation, he/she shall be terminated. If a staff member came from outside the bargaining unit he/she will return to his/her former position, if still available. If not available, he/she will be terminated. A staff member from within the bargaining unit who fail probation (other than a new hire) shall return to a Security Officer position.
A staff member hired, transferred, bumped, reclassified or promoted into the title of Public Safety Dispatcher shall not be eligible to bid on any position within the University for two (2) years from the date he/she entered the position.
5.Termination of Seniority
A staff member's seniority is broken, by resignation, discharges, other types of termination, lay-offs of more than one year, or refusal of a suitable position while on lay-off.B. Transfers
b. Non-probationary staff who wish to make application for any vacancy shall submit their requests in writing to the Human Resources Department.
c. Selection shall be based on the qualifications of the applicants, seniority and the welfare of the University.
d. All accumulated leave benefits will be transferred with the staff member.
e. When an eligible staff is not transferred for reasons other than lack of seniority, such staff member shall be notified of the reasons for denial or transfer in writing by the Human Resources Department.
2. Involuntary
Transfer from One Unit to Another Unit
b. Where requested, the Human Resources Department shall furnish to the staff member who has been transferred, an explanation in writing for the transfer.
c. All accumulated leave benefits will be transferred with the staff member.
If such subcontract necessitates the layoff of personnel, a staff member shall be given at least thirty (30) calendar days notice prior to being laid off.
ARTICLE XII
A. Health and Retirement Benefits
1. Where the University requires a staff member to wear uniforms, the University will generally provide the uniforms. However, in those instances where the University chooses not to provide uniforms required to be worn by certain staff, the University will give the staff member an annual uniform allowance.
2. The annual Uniform Allowance shall be $300 per year.
3. The University shall provide a Uniform Maintenance Allowance of $150.00 in the first three fiscal years of this agreement, payable during the first pay period in December. The fourth year shall be a subject of the economic re-opener for year's three and four of this agreement.
Effective January 1, 2001, the University shall increase tuition reimbursement to one thousand dollars ($1,000) per semester, a maximum of three thousand dollars ($3,000) per year.
The program shall provide for eligible staff and dependents to receive a $35 payment for prescription eyeglasses with regular lenses or a $40 payment for such glasses with bifocal lenses.
Full-time staff and eligible dependents as defined above shall be eligible for a maximum payment of $35.00 or the cost, whichever is less, of an eye examination by an Ophthalmologist or an Optometrist.
Each eligible staff member and dependant shall be eligible to receive only one payment for glasses and one payment for examinations during each of two fiscal periods, namely July 1, 1999 to June 30, 2000 and July 1, 2000 to June 30, 2001. The extension of benefits to dependents shall be effective only after the staff member has been continuously employed for a minimum of sixty (60) days. Proper affidavit and submission of receipts are required of the staff member in order to receive payment and must be submitted to the local Human Resources or Benefits office.
This program shall be discontinued on June 30, 2001.
An optional Group Dental program which will provide services through specific dental clinics will be made available to staff in this unit when legally and administratively feasible. Participation in this program shall be voluntary with a condition that each participating staff authorized a bi-weekly salary deduction not to exceed 50 percent of the cost of the coverage for a one year period. When the new program is available, the staff will be able to enroll in only one of the two programs or in no program at all.
CLASSIFICATION OF NEW POSITIONS AND JOB DESCRIPTIONS
B. The University shall upon written request provide the Union with a copy of any job description within the Unit. The University shall further provide copies of new job descriptions or those job descriptions which are changed.
ARTICLE XIV
B. Each staff shall be notified of the rating determined for him and given an opportunity to participate in the formulation of performance standards and improvement goals for the next appropriate evaluation. The period of such re-evaluation should be established consistent with the performance standards and improvement goals developed by the Supervisor and the staff.
C. The staff shall be provided with copies of the performance evaluation and the agreement on performance standards and improvement goals. All evaluations shall be signed by the supervisor and by the staff before being placed in the staff's personnel file. The staff's signature shall signify that the staff has seen and reviewed the evaluation, but not that he necessarily concurs with its contents.
D. Staff receiving a rating of "Partially Meets Standards" shall not be entitled to receive a merit increase. The supervisor shall review the performance deficiencies with the staff and shall counsel the staff as to appropriate steps which should be taken to improve performance and shall review with the staff any warnings or prior counseling received with respect to performance. The staff's performance must be re-evaluated after another three month period (within 90 days) and if the performance is evaluated at a level of "Meets Standards" or better, then the staff shall receive a merit increase as of the date of the re-evaluation. If upon re-evaluation the performance has not come up to a "Meets Standards" level then the merit shall be denied for the balance of the year and re-evaluation shall be considered to be a final warning for purposes of the disciplinary process. The supervisor shall also advise the staff that failure to improve performance may result in further discipline up to and including discharge.
E. Staff receiving a rating of "Does Not Meet Standards" shall not be entitled to receive a merit increase. Such performance evaluation shall be considered as a final warning for purposes of the disciplinary process. The supervisor shall review the performance deficiencies with the staff and shall counsel the staff as to appropriate steps which should be taken to improve performance and shall review with the staff any warnings or prior counseling received with respect to performance. The performance of staff receiving the "Does Not Meet Standards" evaluation shall be carefully monitored by the supervisor.
If the staff's performance improves to the level of "Meets Standards" or better, then the staff shall be re-evaluated six months after the date of the "Does Not Meet Standards" rating and shall receive a merit increase as of the date of the re-evaluation. If performance remains below the "Meets Standards" level, such staff shall be discharged.
ARTICLE XV
A. Sick Pay and Leaves of Absence
Effective January 1, 2001 all staff will receive one sick day a month.
2. A staff member with five (5) or more years service will be eligible for an emergency advance of up to one year's worth of sick leave under the following circumstances:
A. At least twenty
(20) sick days have been or will have been used immediately
before any of the advanced days. These days must have been used to cover
absences for illness.
B. The
staff member has not been the subject of a written warning, suspension
or any
other discipline within the previous two years for attendance. All evaluations
over the last year must have been satisfactory.
C. The
application
for the advance must be approved by the Department Head
and accompanied by documentation of the illness.
D. The
application must also be approved by the Campus Human Resource
Director or his/her designee.
E. The
approval/disapproval of the application for emergency advance of
sick leave is grievable, only to Step II of the grievance procedure. It
is not
subject to arbitration. The decision of the Step II hearing officer in
all such
grievances will be final.
3. Sick pay accruals are cumulative from one year to the next. Bargaining unit members can use no more than thirty-four (34) weeks of paid sick leave in any twelve month period, except as provided in Section D2.
4. Staff are required to comply with the departmental call in procedure. If the illness extends beyond one day, the staff member must continue to call in ill each day unless they have already indicated to their supervisor an expected return date. If the illness extends beyond the expected return date he/she must call in with a new expected return date.
5. A staff member taken ill while on duty and who leave their work station with their supervisor's permission shall be paid for the time spent on the employer's premises and may use accrued sick leave if they desire payment for the balance of the work shift. A staff member may be excused by their supervisor.
6. Whenever a regular staff member retires, except
a staff member who elects deferred retirement, pursuant to the provisions
of a state administered retirement system and has to his/her credit any
accrued sick leave, he/she shall be compensated for such accrued sick leave
as follows:
The supplemental compensation amount payment shall be computed at the rate of one-half (1/2) of the eligible staff member's daily rate of pay for each day of unused accumulated sick pay accruals based upon the average annual base rate of compensation received during the last year of his/her employment prior to the effective date of his/her retirement provided however that no lump sum supplemental compensation payment shall exceed $15,000.
The compensation shall be paid in accordance with the State rules then applying.
2.As provided in this Article, Section B3, paid sick time can be used up to thirty-four (34) weeks. Once either all sick time is used or thirty-four (34) weeks expire, a staff member may then apply for up to an eighteen (18) week unpaid medical leave of absence. Staff who have applied for a medical leave after the expiration of thirty-four (34) weeks of paid sick time will be able to use any remaining sick time accruals to be paid during the medical leave of absence. The total amount of time that a bargaining unit member may be continuously out of work cannot exceed fifty-two (52) weeks.
3. A letter from the staff member's personal physician indicating the staff member is able to return to work must be presented before or at the time of the staff member's return to work and clearance obtained through Student & Employee Health Services where applicable.
2. In no case will Jury Duty be granted or credited for more than the standard work day or work week for the staff member's position.
The staff member shall notify management immediately of his/her requirement for this leave, and subsequently furnish evidence that he/she performed the duty for which the leave was requested.
2. If not approved by Risk & Claims Management, application may be made to use sick leave, if available, and then application may be made for a medical leave of absence under University policy.
In certain circumstances a staff member may be permitted to take unpaid leaves of absence from their positions with the University. Leaves of absence may be applied for and are available to regular full-time and part-time staff working more than twenty (20) hours per week provided they have completed six months of continuous service. Requests for leave of absence, the reasons for the leave and duration must be submitted in writing to the staff member's supervisor along with any supporting documentation at least two weeks prior to the requested starting date of the leave except in the case of a bonafide emergency. The maximum length of unpaid leaves are:
TYPES OF LEAVE MAXIMUM LENGTH
Medical Leave including maternity 18 Weeks months (extending beyond up to 34 weeks of
available sick time)
Personal Leave 1 month
Education 6 months in any calendar year
Military In accordance with Federal LawJ. Return from Leaves
ARTICLE XVI
B. No lockout of staff shall be instituted or supported by the University during the term of this Agreement.
C. The Union recognizes its responsibility as exclusive collective negotiations agent and agrees to represent all staff in the unit without discrimination.
ARTICLE XVII
b) Investigate a grievance which has been formalized and submitted in writing, providing that such investigation time will be limited to a maximum of one hour and further provided there is no interruption of work activities. In emergency situations these limitations may be extended.
c) Submit Union notices for posting.
d) Attend negotiating meetings if designated as a member of the negotiating team and scheduled to attend by the Union.
e) Attend scheduled meetings with the University and its representatives concerning the application and administration of this Agreement.
The Union may designate and the University shall recognize up to six (6) stewards including the Chief Steward to represent its members at the University.
2. The University will furnish the occupational title of every University staff member such as Director of the Hospital, Department Heads or subordinate level department supervisors or Human Resources representatives who have the authority from the University to be considered either the immediate supervisor of any negotiations unit staff for oral or written complaint, or written grievance purposes, or who are otherwise empowered by the University to interpret or apply the terms and provisions of the Agreement on behalf of the University.
3. Both parties agree to recognize and deal with only properly authorized and empowered University or Union representatives who are officially made responsible by the parties' written compliance with the Section of this Article.
4. Staff designated by the Union as stewards will be allowed to wear identification including Union insignia and their name, department and shift providing the identification does not become hazardous in the duties of said staff.
2. Where there are public address systems in the work areas, the Union may submit calls for Union representatives which will be announced.
3. Where the Union has mail to be delivered to its Officers or Shop Stewards, the interoffice mail system will be made available, provided that priority is retained for the business of the University.
4. The Union shall be allowed to conduct normal business meetings on University properties, provided that space is available, requests are made and approved at least one (1) week in advance of the proposed date of use and that liability or the damages, care and maintenance and any costs which are attendance thereto are borne by the Union. Staff may attend such meetings only during off duty hours.
5. Where the University has a newsletter or house organ which is published periodically for the information of staff, announcements of Union meetings or affairs will be included if requested by the Union, provided such announcements are consistent with the editorial practice in effect.
6. The Local President may request use of available space for use as an office or for the storage of papers and files of the OPEIU Local. Provisions of such space shall not be unreasonably withheld when available; however, the University shall not incur any liability for loss or damage that may occur. Further, the Union may be permitted to furnish file cabinets or other equipment to the commitment above and under the same conditions. The permission to utilize facilities of the University may be withdrawn at any time.
7. The University shall not be responsible for phone bills for any phones or extensions utilized by Local 153 in any offices which may be provided for their use.
2. Union Officers and Stewards shall not be reassigned, unless special circumstances warrant it. This provision will not be used unreasonably or arbitrarily.
2. The material to be posted on the bulletin boards will be brought to the Personnel Office by the Union for approval. The Union business agent shall make the postings.
3. The material to be placed on the Union bulletin boards will consist of the following:
b) Notices of Union appointments
c) Notices of Union meetings
d) Notices of Union social and recreational events
e) Notices concerning official Union business.
2. Union dues deductions from any staff member in this negotiating unit shall be limited to the OPEIU Local 153, the duly certified majority representative.
3. Dues or fees so deducted by the University shall, within ten (10) days of the date of deduction, be transmitted to the designated officer of the Union, together with a listing of the staff included.
4. The Secretary-Treasurer of the Union shall certify to the University the amount of Union dues and shall notify the University of any changes in dues structure thirty (30) days in advance of the requested date of such change.
This leave is to be used exclusively for participation in regularly scheduled meetings or conventions of labor organizations with which the Union is affiliated or for training programs for Stewards and Union Officers and for which appropriate approval by the University is required. Written notice, from the Union of the authorization of an individual to utilize such leave time shall be given to the University Personnel Office where the individual is employed at least twenty-one (21) days in advance of the date or dates of such meeting except in an emergency, less notice may be given. It is intended to be fairly distributed among Institutions of the University. Granting of such leave to a staff member shall not be unreasonably withheld by the University.
Leave will be granted to individuals authorized by the President or the Business Manager of the Union, but shall be limited to a maximum of ten (10) days of paid leave in a year period and five (5) days of paid leave for any single conference or convention for any individual staff member except in the case where special approval or an exception may be granted by the University.
In addition, the University agrees to provide leave of absence without pay for delegates of the Union to attend Union activities approved by the University. A total of ten (10) days of such leave of absence without pay is to be used under the same conditions and restrictions expressed in connection with the leave of absence with pay. This time limitation may be extended by written mutual agreement between the Union and University.
Such time release shall not be construed to include preparation of paperwork, record keeping, conference among Union Officials not preparation for presentation at a grievance hearing.
1. Purpose of Fee
2. Amount of Fee
Prior to the beginning of each contract year, the Union will notify the University in writing of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year. Any changes in the representation fee structure during the contract year shall be in accordance with F.4 above.
3. Deduction and Transmission of Fee
After verification by the University that a staff member must pay the representation fee, the University will deduct the fee for all eligible staff in accordance with this Article.
The mechanics of the deduction of representation fees and the transmission of such fees to the Union will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Union.
The University shall deduct the representation fee as soon as possible after the tenth day following reentry into this unit for staff who previously served in a position identified as excluded or confidential, for individuals reemployed in this unit from a reemployment list, for staff returning from leave without pay, and for previous staff members who become eligible for the representation fee because of nonmember status.
The University shall deduct the representation fee from a new staff member as soon as possible after thirty (30) days from the beginning date of employment in a position in this unit.
4. Demand and Return System
The representation fee in lieu of dues only shall be available to the Union if the procedures hereafter are maintained by the Union.
The burden of proof under this system is on the Union.
The Union shall return any part of the representation fee paid by the staff member which represents the staff member's additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment, or applied toward the cost of any other benefits available only to members of the majority representative.
The staff member shall be entitled to a review of the amount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in conformance with the internal steps and procedures establish by the Union.
The Union shall submit a copy of the Union review system to the University's Office of Labor Relations. The deduction of the representation fee shall be available only if the Union established and maintains this review system.
If the staff member is dissatisfied with the Union's decision, he may appeal to the three-member board established by the Governor.
The Union hereby agrees that it will indemnify and hold the University harmless from any claims, actions or proceedings brought by any staff member in the negotiations unit which arises from deductions made by the University in accordance with this provision. The University shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the University as excluded or confidential or in good faith was mistakenly or inadvertently omitted from deduction of the representation fee.
6. Representation Fee
It is understood that the implementation of the agency fee program is predicated on the demonstration by the Union that more than 50% of the eligible staff member in the negotiating unit are dues paying members of the Union.
If at the signing of this Agreement the above percentage has not been achieved, the agency fee plan will be continued through pay period 26 of the calendar year, after which it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1, April l, July 1, or October 1, the agency fee plan shall be reinstated, with proper notice to affected staff.
In each year of the agreement on July 1, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee shall continue until the following annual assessment. If it has not, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above.
7. Legal Requirements
Provisions in this clause are further conditioned upon all other requirements set by statute.
ACCESS TO PERSONNEL
FOLDERS AND EVALUATIONS
A. A staff member shall, within five (5) working days of a written request to his department, have an opportunity to review his central personnel history folder in the presence of an appropriate official of the department to examine any criticism, commendation or any evaluation of his work performance or conduct prepared by the University during the term of this Agreement. Such examination shall not require a loss of paid time. If requested by the staff member, a non-staff union representative may accompany the staff member.
He/she shall be allowed to place in such file a response of reasonable length to anything contained therein. The University will honor a request made by a staff member for a copy of any derogatory item included in that staff member's folder.
B. Each regular written evaluation of work performance shall be reviewed with the staff member and evidence of this review shall be the required signature of the staff member on the evaluation form. Such signature shall not be construed to mean agreement with the content of the evaluation unless such agreement is stated thereon.
C. A staff member may request the expungement of materials including in the folder where there are pertinent and substantive inaccuracies or for reasons of time duration, relevance or fairness. Such requests will be evaluated in relations to the University's needs for comprehensive and complete records but will not be unreasonably denied.
D. No document of anonymous origin shall be maintained in the personnel folder.
ARTICLE XIX
ARTICLE XX
2. In the event that legislation become effective during the term of this Agreement which has the effect of improving the fringe benefits otherwise available to eligible staff member in this unit, this Agreement shall not be construed as a limitation on their eligibility for such improvements.
Upon request of either party the University and the
Union, agree to meet and renegotiate any provision so affected.
TERM
OF AGREEMENT, SUCCESSOR AGREEMENT AND NEGOTIATION PROCEDURES
A. Term of Agreement
The Agreement shall be renewed from year to year thereafter unless either party shall give written notice of its desire to terminate, modify or amend the Agreement. Such notice shall be by certified mail prior to October 1, 2002 or October 1, of any succeeding year for which the Agreement has been renewed. The parties agree to enter into collective negotiations concerning a successor Agreement to become effective on or after July 1, 2003, subject to the provisions above.
The parties also agree to negotiate in good faith on all matters properly presented for negotiations. Should an impasse develop, the procedures available under law shall be utilized exclusively in an orderly manner in an effort to resolve such impasse.
For the purpose of giving notice as provided in Article XXIII, the University may be notified through the Vice President for Human Resources, 65 Bergen Street, Newark, New Jersey, 07107; and the Union through OPEIU, Local 153 AFL-CIO, 265 West 14th Street, New York, New York, 10011.
IN WITNESS WHEREOF, the University of Medicine
and Dentistry of New Jersey and the Office & Professional Employees
International Union, have caused this agreement to be signed by their duly
authorized representative as of this _______day of 1999.
APPENDIX A ö Attendance Control Policy
SUBJECT: Labor and Employee Relations CODING: 30-01-50-40:00 PAGE: 1 of 8
TITLE: Attendance Control Policy Effective Date: 04/01/00 Revision: 04/01/00
PURPOSE: To set policy for the control of attendance for exempt and non-exempt staff members covered by a collective bargaining agreement or in a union eligible title (confidential staff).
RESPONSIBILITY: The Vice President for Human Resources is responsible for ensuring compliance with this policy.
POLICY:
In order to maintain efficient operation, excessive absenteeism and/or lateness will not be tolerated. Staff members are expected to maintain satisfactory attendance by reporting to work regularly and on time, and by returning from lunch and authorized breaks on time. It is the responsibility of each department to inform all staff members of their obligations under the Attendance Control Policy, Sick Pay Policy and the Death and Serious Illness in the Family Policy.
It is a staff memberâs responsibility to keep unscheduled absences to an absolute minimum in order to meet required work obligations. Perfect attendance (no unscheduled absences) will be recognized beginning January 1, 2001. All individuals (first supervisory level and below) who have no unscheduled absences in 2000 or in any subsequent year shall receive a $200 bonus by April 1, 2001. This bonus will be $250 for calendar year 2001 and $300 for calendar year 2002. The bonus will be paid by April 1 of all subsequent years. X
Staff members who do not maintain satisfactory attendance will be subject to disciplinary action up to and including discharge. Unscheduled absences include all instances when a staff member is scheduled to come to work and does not, except as noted below.
Individuals shall not be considered as having violated the policy for a single extended documented illness.
X EXCEPT FOR MEMBERS OF TEAMSTERS LOCAL 97 WHO WILL RECEIVE A $100 BOND
The following authorized absences are not violations of the Attendance Control Policy:
Approved leave of absence
Non-routine scheduled (documented) medical or dental appointments/examinations
Death in family (documented)
Serious illness in family (documented and as defined by FMLA)
Serious illness (documented and as defined by FMLA/ADA)
In-patient hospitalizations
Approved time off in advance such as holidays, vacations and float holidays
Absences when it was physically impossible to go to work due to an emergency or calamity
Suspension day(s)
Jury duty
Infection control time
Management mandated Medical Sick Leave
Departments must require staff members to provide proof of illness from their personal physician stating
the nature of the illness and anticipated date of return whenever such a requirement appears reasonable
or when the absence is more than two days.
x For calendar year 2000, non-nursing bargaining unit staff members, hired prior to July 1, 1993 are granted 1 1/6sick days per month (9 1/3 hours for 12-hour staff)
Staff members who are in violation of the Attendance Control Policy may be placed on doctorâs note restriction which requires the staff member to provide a note from their personal physician stating the nature of the illness and anticipated date of return for all future absences including one (1) day absences. The sole exception is an individual who is receiving counseling and who has never been the recipient of any attendance related discipline during the course of his/her University employment
.X Acceptable documentation may also be required for non-illness related absences.
The doctors note restriction is not discipline. It is a restriction which must be complied with during the six months following the receipt of formal counseling, written warning or suspension. Failure to submit the doctorâs note immediately upon return to work will result in the staff member not being paid for the absence(s), and when warranted, in accordance with this policy, issued the next level of discipline for attendance abuse. The doctorâs note restriction will be removed if the staff member has no absences for a period of six (6) months from the date he/she was placed on doctorâs note restriction. Any absences during the six (6) month period will result in the staff member being retained on doctorâs note restriction for an additional six (6) months from the date of the last absence.
The compliance with the doctorâs note restriction does not mean that disciplinary action will not be taken based on the number of unscheduled absences. Moreover, the fact that a staff member is no longer on doctorâs note restriction does not mean that disciplinary action will not be taken based on the individualâs disciplinary history.
ACCEPTABILITY OF EXCUSES/DOCUMENTS:
Staff credibility and document credibility are critical components of this attendance abuse control policy. A number of factors will be considered before accepting staff member explanations and/or documents including physiciansâ notes:
- Past discipline history
X THIS EXCEPTION DOES NOT APPLY TO MEMBERS
OF TEAMSTERS LOCAL 97
- Length of service
- Circumstances (Ex: denied day off and called out sick)
- Performance evaluations
- Nature of illness (Ex: length of absence verses frequency verses diagnosis)
- Utilizing sick day (day after and/or before holiday/weekend)
UMDNJ reserves the right to accept or reject any excuse and/or documentation based on but not limited to the above noted considerations. Additional documentation may also be required to validate the need for time off. Remember, the doctor is not the employer. Only the department head or his/her designee can excuse an absence. The submission of any altered and/or falsified document is cause for termination of employment even if it is the first occurrence.
Non-compliance with the doctorâs note restriction is a separate violation of this policy. Disciplinary action can be taken for non-compliance with the restriction even if the absence itself does not exceed any of the limitations stated below.
"DOCKING" FOR LATENESS:
A non-exempt staff member who has a reasonable excuse, is less than five (5) minutes late, does not work on a shift which is relieving a previous shift and has not been the subject of any attendance related discipline as prescribed herein, should not be docked for the lateness, or denied the opportunity to work the balance of their shift. Where there is evidence of repetition or negligence, staff should be docked and disciplined per the guidelines contained herein.
Non-exempt staff who work on a shift relieving a previous shift must be docked for any lateness and disciplined per the guideline contained herein. Staff members who do not have a reasonable excuse should be docked for any lateness and disciplined per the guideline contained herein.
Non-exempt staff members who have received a formal counseling or discipline must be docked for any lateness and disciplined per the guideline contained herein.
PROCEDURE:
Written warning
Suspension of three (3) days without pay (or in the case of 12 hour shifts two (2) days without pay)
Termination
Four (4) occurrences of unscheduled absences in any twelve (12) month period or less or
Forty-five (45) hours unscheduled absences for seven (7) hour staff in any twelve month
period or less.
Forty-seven and one half (47.5) hours unscheduled absences for seven and one half (7.5)
hour staff in any twelve month period or less.
Fifty eight (58) hours unscheduled absences for eight (8) hour staff working 12 hour tours in
any twelve month period or less.
Late (ex: arriving late to work or returning late from breaks) three (3) times in any thirty (30) calendar days.
3. A staff member may be subject to the first
level of official discipline, a written warning, if the staff
member who has received formal counseling has:
period or less.
Forty-seven and one half (47.5) hours unscheduled absences for seven and one half (7.5)
hour staff in any twelve month period or less.
Fifty (50) hours unscheduled absences for eight (8)
hour staff in any twelve month period or less.
Fifty eight (58) hours unscheduled absences for eight (8) hour staff working 12 hour tours in
any twelve month period or less.
Late three (3) times within any subsequent
any thirty (30) calendar days or extended lunch, etc.
period or less.
Forty-seven and one half (47.5) hours unscheduled absences for seven and one half (7.5)
hour staff in any twelve month period or less.
Fifty (50) hours unscheduled absences for eight (8)
hour staff in any twelve month period or less.
Fifty eight (58) hours unscheduled absences for eight (8) hour staff working 12 hour tours in
any twelve month period or less.
AWOL or no-call/no-show absence of one (1) or two (2) workday (first incident only).
If, after receipt of a written warning, no further violation of this policy occurs for two (2) calendar years, an individual will receive another written warning instead of a three day suspension (or written warning in lieu of the three day suspension).