Office of Human Resources
Collective
Bargaining Agreements
| Collective Bargaining Agreement |
Effective Date/Last Revision Date |
| District
Council 88 AFSCME (Secretarial/Clerical) |
July 1, 2003 |
| International
Brotherhood of Firemen, Oilers, Powerhouse Operators and Maintenance
Men, Local 473 (Housekeeping/Maintenance) |
July 1, 2007 |
| Lincoln University Chapter
of the American Association of University Professors (Faculty) |
September 1, 2007 |
| Lincoln
University Chapter of the American Associate of University
Professors (Faculty) - Addendums/Exhibits |
September 1, 2007 |
| United
Federation of Special Police and Security Officers, Inc.,
Local 696 (Public Safety) |
July 1, 2007 |
This page
was last updated on February 4, 2008.
District
Council 88 AFSCME (Secretarial/Clerical)
AGREEMENT
THIS AGREEMENT made and entered into this first day
of July, 2003, by and between THE TRUSTEES OF LINCOLN UNIVERSITY
OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION (hereinafter referred
to as the "University") and DISTRICT COUNCIL 88, AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES -- AFL-CIO (hereinafter
referred to as the "Union").
WITNESSETH
WHEREAS the University is furnishing an essential
public service vital to the health, safety and welfare of the Commonwealth
of Pennsylvania;
WHEREAS it is the intent and purpose of the parties
hereto that this Agreement promote and improve the health, welfare
and safety of the residents of the Commonwealth of Pennsylvania;
WHEREAS the parties are desirous of establishing
collective bargaining between the University and its employees represented
by the Union and avoiding interruptions of and interferences with
services to the community of the University; and
WHEREAS this Agreement has as its purpose the promotion
of harmonious relations between the Union and the University; the
establishment of an equitable and peaceful procedure for the resolution
of differences; and the establishment of rates of pay, hours of
work and other conditions of employment;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties hereto agree as follows:
ARTICLE I: RECOGNITION AND BARGAINING UNIT
Section 1.1 The University recognizes the Union
as the exclusive representative for collective bargaining purposes
of certain of its employees pursuant to the certification by the
Pennsylvania Labor Relations Board in Case Number PERA-R-81-396-E
as hereinafter set forth and this Agreement shall apply to such
employees:
"In a subdivision of the employer unit comprised
of all full-time and regular part-time non-professional white collar
employees including but not limited to: Secretarial, Clerical, Library
Assistants, Switchboard Operators, Senior Secretary, Public Safety
and Security; Senior Secretary, Office of Admissions; Senior Secretary,
Office of Academic Affairs; and Clerks, Business Office; and Senior
Secretaries, Offices of the Deans; and Excluding professional employees,
management level employees, supervisors, first level supervisors,
confidential employees, and guards as defined in the Act."
Should any of the following titles return, they would
be included in this section: Academic Recorder, Registrar's Office;
Administrative Assistant, LASER Program.
Section 1.2 For purposes of this Agreement, unless
otherwise qualified, "employee" shall mean a person within the bargaining
unit described in Section 1.1 above.
Section 1.3 All employees newly hired or rehired
shall be considered "probationary" employees until completion
of ninety (90) days of employment. If, for any reason, the employee
is transferred to a second position within the first ninety (90)
days of employment, the employee will enter into an additional forty
five (45) day probationary period upon the expiration of the initial
ninety (90) day probationary period. During and at the end of the
probationary period, the University may discharge any such probationary
employee in its sole discretion and such discharge shall not be
subject to the grievance provisions of this Agreement. Probationary
employees shall not be entitled to any benefits provided by this
Agreement, except that an employee who has successfully completed
his/her probationary period shall be entitled to holiday pay in
accordance with Article VII for any holiday falling within his/her
probationary period; and provided further that the accrual of vacation
time as set forth in Article VI and the accrual of sick leave as
set forth in Article VIII shall be retroactive to the beginning
of the probationary period for any employee who has successfully
completed his/her probationary period.
Section 1.4 A temporary employee is one who is hired
for a period of up to six (6) months and is so informed at the time
of hire, and who is hired to fill a temporary job or a temporary
vacancy or for a special project or to replace any employee on leave
or vacation. Temporary employees shall not be entitled to any benefits
provided by this Agreement and shall not be included within the
bargaining unit.
(a) All but thirty (30) days of the continuous time
period during which a temporary employee worked in a specific position
shall be counted toward satisfaction of the ninety (90) day probationary
period required by new hires provided the temporary employee becomes
a regular full-time employee for the identical position he/she worked
as a temporary employee.
Section 1.5 A part-time employee is one who is hired
by the University to work less than thirty (30) but more than twenty
(20) hours a week on a regular basis. Part-time employees covered
by this Agreement shall not receive any benefits under this Agreement,
unless specifically provided for.
Section 1.6 Neither the University nor the Union
shall discriminate against or in favor of any employee on the basis
of race, color, creed, national origin, sex, age, disability, marital
status, sexual preference, union or political affiliation, or any
other protected classifications.
The University and the Union are committed to the
principle of non-discrimination in employment. The parties agree
to abide by all federal, state and local anti-discrimination laws.
The parties also recognize their obligation to accommodate, where
appropriate, qualified individuals with disabilities under the Americans
with Disabilities Act. The parties further agree, however, that
any accommodations made pursuant to the Americans with disabilities
Act shall be subject to the requirements of Article XIV of the Agreement
(Seniority).
Section 1.7 The Union recognizes its responsibility
as bargaining agent and agrees to represent all employees in the
bargaining unit without discrimination, interference, restraint,
or coercion.
ARTICLE II: UNION SECURITY
Section 2.1 Each employee who, on the effective date
of this Agreement, is a member of the Union, and each employee who
becomes a member after that date, shall maintain his/her membership
in the Union, provided that such employee may resign from the Union
during a period of fifteen days prior to the expiration of this
Agreement. The payment of dues and assessments while a member shall
be the only requisite employment condition.
Section 2.2 The Union shall notify the University
in writing of any employee covered by this Agreement who has ceased
to be a member of the Union in good standing and may request the
discharge of such employee, the Union agreeing to set forth the
reasons supporting its request for discharge, including the reasons
why such employee ceased to be a member of the Union in good standing.
ARTICLE III: DUES DEDUCTION
Section 3.1 The University agrees to deduct the Union
dues, and assessments, if any, from the pay of those employees who
individually request in writing that such deductions be made. This
authorization shall be irrevocable during the term of this Agreement.
The amounts to be deducted shall be certified to the University
by the Union, and the aggregate deductions of all employees shall
be remitted together with an itemized statement to AFSCME Council
13, 4031 Executive Park Drive, Harrisburg, Pennsylvania 17111-1599.
The University agrees to deduct from the paycheck
of employees covered by this Agreement voluntary contributions to
the Union's Political Action League (PAL) Committee. The University
shall make such deductions only in accordance with the written authorization
of respective employees which shall specify the amount, frequency
and duration of the deductions. Political Action Contributions will
be sent to: the Legislative Director, (PAL) at the above address.
Section 3.2 The Union shall indemnify and save the
University harmless against any and all claims, demands, suits,
grievances, attachments, or other forms of liability that arise
out of or by reason of action taken by the University for the purpose
of complying with any of the provisions of this Article or any other
provisions of this Agreement relating to any requirements of membership
in the Union, or obligation of Union members; or by reason of the
University's reliance upon any list, notice, request or assignment
furnished under any of such provisions; or by reasons of any action
taken by the Union.
Section 3.3 The University shall be relieved from
making check-off deductions for an employee upon:
(a) termination of employment;
(b) transfer to a job outside the bargaining unit;
(c) layoff from work; and
(d) an unpaid leave of absence.
ARTICLE IV: MANAGEMENT FUNCTION
Section 4.1 The parties agree that pursuant to Section
5 of the Lincoln University Commonwealth Act of 1971, "the entire
management, control and conduct of the instructional, administrative,
and financial affairs of the University are ... vested in the Board
of Trustees under regulations established by the State Board of
Education, and that except where limited by the University's by-laws
and by the express terms of this Agreement, the property, business
and affairs of the University shall be managed and controlled exclusively
by the Board of Trustees.
Section 4.2 As provided in Section 702 of Act 195,
matters of inherent managerial policy reserved exclusively to the
University "include but shall not be limited to such areas of discretion
or policy as the functions and programs of [the University], standards
of services, its overall budget, utilization of technology, the
organizational structure, and selection and direction of personnel,”
providing the action taken does not violate the specific terms of
this Agreement.
Section 4.3 In addition, but without limitation to
any of the foregoing sections of this Article, the control of all
matters relative to the management and operation of the University
shall be vested exclusively in the University except to the extent
expressly restricted by the terms of this Agreement. These rights
shall include, but shall not be limited to, the right to hire, discipline,
discharge for cause, layoff, promote, recall, transfer and assign
employees; to determine the number of employees and the duties to
be performed by each; to fix hours of work and schedules of work;
to contract out; however, the university will not use temporary
employees or agency employees to permanently replace workers of
the AFSCME bargaining unit or work done by this unit. Temporary
employees may only be used in accordance with Article 1.4; to require
employees to work overtime; and otherwise generally to manage the
University so as to attain and maintain full operating efficiency.
The University shall not exercise any rights under this clause with
the intent to discriminate against any member of the unit by reason
of his union activities.
ARTICLE V: HOURS OF WORK
Section 5.1 The normal workweek shall be thirty-seven
and one-half (37½) hours. The normal work schedule is seven
and one-half (7-1/2) consecutive hours with a one (1) hour, unpaid
lunch period. Flex schedules are permitted and defined as a pre-established
work schedule a minimum of ½ hour (unpaid) lunch must be
taken by employee's working 6 (six) hours or more. All schedules
must be pre-established and any change in the work schedule must
be in accordance with Section 5.3. All schedules are subject to
approval by the Supervisor and the Office of Human Resources. The
Payroll Department must have a copy of all approved flex schedules.
All Library Assistants whose work shift consists
of 7½ or 8 hours on a normal scheduled workday, beginning
before 8:00 a.m. or after 12:00 noon, shall receive 8½
hours pay at his/her regular rate of pay for the hours worked respectively.
Section 5.2 It is expressly understood by the Union
that certain adjustments in work schedules may be necessary to insure
a staff that will meet the needs of the University. The University
will give affected employees two weeks notice prior to changing
their regular starting and quitting times. It is understood that,
if an employee desires to change his/her regular starting and quitting
times, any such request must be made and approved by the Supervisor
and the Office of Human Resources at least two weeks before the
date when the requested scheduling change is to go into effect.
It is further understood that nothing in this Agreement shall be
construed as a guarantee by the University of hours worked per day,
per week, or per year.
Section 5.3 Time and one-half of the employee's regular
rate of pay shall be paid for all hours actually worked in excess
of thirty-seven and one-half (37-1/2) hours actually worked in any
workweek. All hours worked on Sunday shall be paid at two times
the employee's regular rate of pay.
Section 5.4 Whenever it becomes necessary for the
University to assign overtime work, the University, where possible,
shall first ask for volunteers from among those employees within
the office where the work is required who are deemed by the University
to be qualified to perform the work. If two or more qualified employees
wish to perform the work, preference shall be given to the employee
with the greatest University seniority. If no one within the
office volunteers, the University shall have the right to assign
such work beginning with the least senior of those employees.
Irrespective of the above paragraph, if overtime
work is available which, in the opinion of the University, is not
attached to the work of a particular office and/or which the University
feels should be offered to qualified employees regardless of the
office in which they work, and the need for that overtime work is
known sufficiently far in advance, the University shall ask for
volunteers from among those employees deemed by it to be qualified
to perform the work. If two or more qualified employees wish to
perform the work, preference shall be given to the employees with
the greatest University seniority.
If no qualified employees volunteer to perform the
overtime work, the University may select employees to perform the
overtime work and employees so selected may not refuse to perform
the over time work. Where possible, the University will endeavor
to give advance notice of overtime work to be performed.
Section 5.5 There shall be no duplication or pyramiding
in the computation of overtime and other premium wages, and nothing
in this Agreement shall be construed to require the payment of overtime
and other premium pay more than once for the same hours worked.
If more than one of the provisions of this Agreement shall be applicable
to any time worked by an employee, he/she shall be paid for such
time at the highest rate specified in any of such applicable provisions,
but he/she shall not be entitled to additional pay for such time
under any other of such provisions.
Section 5.6 The University has provided time clocks
appropriately placed within the university. Each employee shall
use the clock at the start and end of her/his workday and the start
and the end of his/her lunch period. The University and the Union
expressly agree that each employee must use the clock in sufficient
time to be at her/his workstation at the start of her/his shift.
The University and the Union further agree that should any employee
use another employee's time card, it shall be grounds for immediate
discipline up to and including discharge.
Section 5.7 All full-time employees must take an
unpaid lunch break of one hour. It is expressly understood that
in order to assure necessary staffing, employees may be required
to stagger their lunch hour. Employees must, however, notify the
immediate supervisor prior to taking lunch, and all lunch hours
must begin no later than 2:00 p.m. unless specific work units dictate
a different schedule. If voluntary staggering, in the University's
judgment, does not result in necessary staffing, the University
shall designate the times employees are to observe their lunch hour.
Section 5.8 Part-time employees who work a period
of at least two (2) consecutive hours immediately prior to 12:00
noon must take one-half (½) hour unpaid lunch break. The
provisions of Section 5.7 regarding staggering of lunch periods
shall apply equally to part-time employees.
Section 5.9 Two fifteen (15) minute rest periods,
one in the morning and one in the afternoon, are granted each day
to all full-time employees. These rest periods shall not be taken
immediately prior to or immediately after lunch, immediately after
the commencement of the workday or immediately prior to the close
of the workday. Employees must, however, notify the immediate
supervisor, prior to taking their break.
Section 5.10 One fifteen (15) minute rest period
is granted to part-time employees during periods of three and one-half
(3-1/2) consecutive hours of work. Rest periods shall not be taken
immediately prior to or immediately after lunch, immediately after
the commencement of the workday or immediately prior to the close
of the workday.
Section 5.11 If, for some reason, a full-time or
part-time employee is expressly required by his/her supervisor to
work through his/her lunch period he/she shall have the additional
time worked counted as paid time worked.
Section 5.12 The University recognizes that an employee
may be required to leave work unexpectedly to attend to an emergency
or may be delayed in arriving at work due to an emergency. An emergency
is understood to be an unusual or unexpected event, which could
not be reasonably anticipated by an employee in the normal course
of her/his life. An emergency shall include unsafe road conditions
and area school delays due to inclement weather. For example, an
employee may be notified by an educational institution that her/his
child is ill and must be taken home promptly, thus necessitating
that the employee immediately leave work. However, before leaving
on an emergency, the employee must first notify her/his supervisor
and if unsuccessful, utilize the chain of command within that area.
For areas where there is no one else in position of authority then
as a final resort notification should be provided to the Office
of Human Resources prior to leaving work due to an emergency and
then punch out on the time clock.
Full time employees who have at least one year of
continuous service with the University will be permitted to take
three hours noncumulative unpaid time per month in order to attend
to emergencies. Every thirty days, such employees will be permitted
to make up no more than three hours taken for every emergency at
the beginning of a work day, at the end of a work day and during
one-half hour of the employees' allotted lunch hour. However, this
modified work schedule must be approved in advance by the employee's
supervisor as well as the Director of Human Resources. It is understood
that a change in the regular work schedule can only be made where
adequate work, as well as supervision, is available. Also, it is
understood that time which the University allows an employee to
make up as a result of an emergency will not be used in the computation
of overtime.
Section 5.13 In the event of a snowstorm for which
the Commonwealth of Pennsylvania issues a travel advisory warning
for a time period commencing within one (1) hour prior to the beginning
and/or the end of an employee's scheduled shift as established by
the University, an employee who reports to work within one (1) hour
subsequent to the beginning of his/her scheduled shift and/or leaves
work within one (1) hour before the end of his/her scheduled shift
will be paid for the time missed. The employee must notify his/her
supervisor and the Office of Human Resources at least one-half (½)
hour before the start and/or end of his/her scheduled shift that
he/she will be late or leaving early. If the employee attempts to
contact the supervisor but is unsuccessful, then the employee's
actual notification of the Office of Human Resources will satisfy
this obligation. The Office of Human Resources may be notified by
telephoning the University switchboard.
An employee who is sent home for some reason beyond
the control of the University, including but not limited to floods,
snowstorms, ice storms or other natural emergencies shall be paid
for four (4) hours or those hours actually worked, whichever is
greater, at the employees regular rate of pay.
Under the directives of the Office of the Vice President
for Fiscal Affairs and Administration, the Office of Human Resources
would be permitted to send employees home with pay under unfavorable
working conditions (i.e., work sites that are unsafe, too hot/cold,
etc.). If the problem continues beyond that work day, the
employee would be reassigned to another work area until the building
is safe.
ARTICLE VI: VACATIONS
Section 6.1 Vacations shall be scheduled on a fiscal
year basis (July 1 - June 30) and are based on the vacation earned
as set forth in Section 6.2.
Section 6.2 Full-time employees shall earn vacation
with pay as follows:
|
Length of Service
|
Amount of Vacation that can be Earned
|
| Less than five (5) years |
75.00 hours
|
| After five (5) years |
112.50 hours
|
| After fifteen (15) years |
150.00 hours
|
| After twenty (20) years |
157.50 hours
|
Full-time employees with less than five (5) years
of service earn vacation at the rate of 6.25 hours a month for every
full month of service.
Full-time employees with more than five (5) years
of service earn vacation at the rate of 9.5 hours a month for every
full month of service.
Full-time employees with more than fifteen (15) years
of service earn vacation at the rate of 12.5 hours a month for every
full month of service.
Full-time employees with more than twenty (20) years
of service earn vacation at the rate of 13.25 hours a month for
every full month of service.
Section 6.3 Vacations shall be taken in the fiscal
year, which they are earned, or in the fiscal year immediately following
the fiscal year in which they are earned. Employees who are unable
to take vacation time within the allotted time period set above
shall first submit to the supervisor a written request for approval
of an extension. The supervisor will have 5 working days to respond
in writing. If approved the extension request shall be submitted
to the Office of Human Resources. If not approved, or if the supervisor
does not respond, the employee may appeal by sending a copy of the
request and the denial along with an explanation of the appeal to
the Office of Human Resources. Human Resources must respond in writing
within 5 working days. Extension request periods shall not exceed
a six (6) month period. Vacations may not otherwise be accumulated
from year to year. Employees shall not be compensated for any vacation
time not taken except as set forth in Section 6.6.
Section 6.4 Employees with less than ninety (90)
days of full-time service are not entitled to any vacation, but
upon successful completion of such service accumulate vacation time
retroactive to the date on which the employee began to work after
last being hired.
Section 6.5 The needs of the University come first
when scheduling vacations or other time off for an employee. In
so far as possible, however, consideration will be given to any
specific requests by an employee; competitive requests for the same
time off shall be decided in favor of the employee with the longer
period of continuous service. If vacation or other time in excess
of two consecutive days is to be charged to the vacation accumulation
of an employee, it must be scheduled and approved by the supervisor
with the concurrence of the Office of Human Resources at least two
weeks in advance. Exceptions to these requirements may be made for
emergency situations by the Director of Human Resources or designate.
Section 6.6 An employee whose employment with the
University is separated shall be paid only for unused vacation days
accrued during the fiscal year of termination, at his/her regular
rate of pay. Employees may not take vacation days during the final
two (2) weeks of their employment at the University.
ARTICLE VII: HOLIDAYS
Section 7.1 The following days shall be recognized
as paid holidays for full-time employees:
New Year's Day
Official Birthday of Reverend Dr. Martin Luther King,
Jr.
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
The Friday after Thanksgiving Day
Christmas Day
Two normal working days immediately before Christmas
Day
One working day immediately after Christmas Day
New Year’s Eve Day
Section 7.2 In addition, full-time employees who
have successfully completed their probationary period are entitled
to two (2) personal days each fiscal year. Full-time employees
with ten (10) to fifteen (15) years of service are entitled to three
(3) personal days. Full-time employees with fifteen (15) years
of service or more are entitled to four (4) personal days.
Personal days may not be accumulated from year to year and employees
shall not be paid for unused personal days. Personal days must be
scheduled, if at all possible, at least one (1) week in advance.
Section 7.3 If a holiday falls on a Sunday, the following
Monday will be observed as the paid holiday, and if a holiday falls
on a Saturday, the preceding Friday shall be observed as the holiday.
If the needs of the University so require, the University may require
that a holiday that falls on Sunday be observed on the preceding
Friday and a holiday that falls on a Saturday be observed the following
Monday.
Section 7.4 If a full-time employee is required to
work on any of the holidays set forth in Section 7.1, he/she shall
be compensated at two (2) times his/her regular rate of pay for
all hours worked on said holiday.
Section 7.5 An employee who is scheduled to work
on any holiday and does not work, unless for a reason satisfactory
to the University, shall not receive holiday pay.
Section 7.5 In order to be eligible for holiday pay,
an employee must work the scheduled day before and the scheduled
day after the holiday unless unable to do so for a reason satisfactory
to the University. In the event that an employee claims to have
been unable to work his/her last scheduled day before or first scheduled
day after a holiday because of illness, that employee must present
a doctor's certificate to the Office of Human Resources on his/her
first day back if he/she expects to be paid for the holiday.
Section 7.6 Holidays not worked and paid for will
count as a day worked for the purpose of computing eligibility for
overtime pay.
ARTICLE VIII: SICK LEAVE
Section 8.1 Full-time employees are entitled to one
(1) sick day with pay for each full month of employment. Sick days
may be accumulated only in accordance with the following schedule:
|
Length of Service
|
Maximum Accumulation
|
| Less than five (5) years |
225 hours
|
| Five (5) to ten (10) years |
270 hours
|
| Over ten (10) years |
375 hours
|
| Over fifteen (15) years |
480 hours
|
Section 8.2 "Sick leave" is defined as leave necessitated
by an illness or accident, which is non-work connected and not compensable
under the workmen's compensation. However, a full time employee
who has worked continuously for the University in excess of one
year may use up to five accumulated sick days in any fiscal year
to attend to the sickness of an immediate family member, i.e., spouse,
child, dependent and/or parent. Employees who are absent three days
or more while attending to the sickness of an immediate family member
must furnish the University with a written certificate of a physician
with regard to the sickness of the immediate family member in order
for the employee to receive sick leave. For any absence of less
than three days, in lieu of a doctor's certificate, the employee
must submit a signed statement stating the reason for her/his absence.
This statement also must identify the immediate family member who
was sick. Presentation of a fraudulent sick leave statement or doctor's
a certificate will subject the employee to immediate discipline
up to and including discharge at the time the fraud is discovered.
Section 8.3 Employees with less than ninety (90)
days service are not entitled to sick leave. Upon successful completion
of ninety (90) days service, credit shall be given for such service
for purposes of determining the number of sick days to which an
employee is entitled from that point on.
Section 8.4. To be eligible for sick leave, an employee
must have notified his/her Supervisor/Department within one (1)
hour before the start of his/her regularly scheduled workday. Employees
who are absent three (3) days or more must furnish the University
with a written certificate of a physician in order for the employee
to receive sick leave. Presentation of a fraudulent sick leave statement
or doctor's certificate will subject the employee to immediate discipline
up to and including discharge at the time the fraud is discovered.
Section 8.5 An employee taken ill during working
hours will not be paid for the balance of his/her working day, but
can charge the time to his/her sick leave.
ARTICLE IX: BEREAVEMENT LEAVE AND JURY DUTY
Section 9.1 Employees who wish to take time off due
to the death of an immediate family member should notify their supervisor
immediately.
Up to 3 days of paid bereavement leave will be provided
to eligible employees in the following classification(s):
- Regular full-time employees
- Regular part-time employees
Bereavement pay is calculated based on the base pay
rate at the time of the absence.
Employees may, with their supervisor's approval,
use any available paid leave for additional time off as necessary.
Lincoln defines “immediate family” as the employee's
spouse, parent, child, sibling; the employee's spouse's parent,
child, or sibling; the employee's child's spouse; grandparents or
grandchildren; or other member of the employee's immediate household.
If death in the family occurs while an employee is
on vacation or a holiday, bereavement leave shall be in addition
to that time.
Section 9.2 Full-time employees shall be granted
a leave of absence with pay for time spent on jury duty or in court
as a subpoenaed witness. Employees shall be paid the difference
between any jury duty compensation or witness fees they receive
and their regular wages for each day of service on jury duty or
as a subpoenaed witness. The University requires proof of subpoena
and proof of jury duty and witness fee compensation.
ARTICLE X: CALL TIME
Section 10.1 Employees called into work outside of
their regular work shift shall be guaranteed a minimum of four (4)
hours of pay at straight time.
ARTICLE XI: UNPAID LEAVE
Section 11.1 Leaves of absence without pay, subject
to the limitations set forth below, shall not be unreasonably denied
by the University.
Section 11.2 Leaves of absence for the performance
of duty with the U.S. Armed Forces or with a Reserve component shall
be granted in accordance with applicable law.
Section 11.3 A leave of absence without pay for reasons
other than properly certified medical disability ("nonmedical
leave") shall not be granted for a period in excess
of 30 days.
Section 11.4 In cases of medical leave (leave granted
for properly certified medical disability), the University shall
require the employee to provide written medical certification
of disability on a regular semi-monthly basis. This information
must be forwarded to the Director of Human Resources. Failure to
do so can lead to disciplinary action and/or termination.
Section 11.5 There shall be no pyramiding of leaves
of absence.
Section 11.6 An employee on leave without pay shall
not be entitled to holiday pay.
Section 11.7 Employees on leave of absence without
pay shall not be permitted to accept other employment during their
leave without pay. Violators shall be subject to immediate
discipline up to and including discharge.
Section 11.8 An employee's classification position
and University seniority as defined in Article XIV shall be frozen
and shall not accrue during any leave without pay.
An employee shall not earn any vacation days or sick days during
unpaid leave.
Section 11.9 In accordance with the Family Medical
Leave Act, employees are entitled to a maximum of twelve (12) weeks
of unpaid leave in a twelve (12) month period. This unpaid leave
may be taken in addition to accumulated paid sick leave. However,
it is the employees’ option to use his/her accumulated leave prior
to taking an unpaid leave of absence. It is understood by the Union
and Management that an employee would not be mandated to use all
of his/her accumulated leave prior to taking unpaid leave. The employee
would be permitted to save five (5) accumulated sick days when taking
twelve (12) weeks of unpaid leave under the Family Medical Leave
Act. Employees must provide a medical certificate to the Office
of Human Resources prior to the effective date of leave, if "foreseeable."
Employees will be entitled to health care benefits
while on leave under this Act.
ARTICLE XII: DISCIPLINE AND DISCHARGE
Section 12.1 The University shall have the right
to discipline, suspend and discharge employees for just cause.
For purposes of this Article, progressive disciplinary
action shall include written reprimand, suspension, demotion and
discharge with just cause.
Section 12.2 If the University has reason to reprimand
an employee, it shall be done in a manner that will not embarrass
the employee before other employees or the public.
Section 12.3 In the event an employee is suspended
or discharged, the University shall notify the employee affected
and
the Union in writing immediately, whenever possible,
but no more than three (3) working days after the effective date
of the suspension or discharge.
Section 12.4 The Union shall have the right to grieve
the suspension or discharge at the second step of the grievance
and arbitration procedure set forth in Article XVII.
Section 12.5 Probationary employees may be disciplined,
suspended or discharged with or without cause and such actions shall
not be subject to the grievance and arbitration procedure set forth
in Article XVII.
Section 12.6 A formal disciplinary process
which assures that each division/ department maintains and administers
appropriate disciplinary procedures according to structured uniform
practices will be followed. Appropriate disciplinary action
is a critical issue. Supervisors must be conscious of and
demonstrate fair and proper treatment. The extent of the disciplinary
action taken will be commensurate with the offense as listed in
the Disciplinary Guideline and move progressively through the following
steps: Step 1- Verbal Reprimand (informal counseling); Step 2 -
Formal Written Notice (written warning and counseling); Step 3 -
Suspension; and Step 4 - Termination or Discharge. The employee
will be afforded Union representation at each step of disciplinary
action. Any disciplinary action taken by Management is subject
to the grievance procedure.
Progressive Discipline and Employee Conduct
Lincoln University is committed to a philosophy of
discipline, which promotes corrective action. All instances of misconduct
will be dealt with appropriately, based upon the frequency and seriousness
of the offense and the circumstances under which it occurred. Therefore,
if you violate a work rule or engage in any other act of misconduct,
you will be subject to the following incremental levels of discipline
as outline on the guidelines.
Guidelines for Disciplinary Action
The following chart represents the disciplinary action
that shall be taken for certain enumerated offenses. This is only
a guideline and is not inclusive of all offenses or work rule violations,
which are subject to disciplinary action. Furthermore, nothing contained
in this chart limits the University's right to discipline or discharge
employees in any way. Lincoln University reserves the right at all
time, to add, to, delete from, or change this list when the University
deems such action necessary.
Guidelines for Disciplinary Actions
|
Actions
|
Verbal Warning
|
Written Warning
|
Disciplinary 3-Day
Suspension
|
Discharge
|
|
Offenses
|
1
|
2
|
3
|
4
|
| Failure or refusal to meet work standards |
x
|
x
|
x
|
x
|
| Loafing |
x
|
x
|
x
|
x
|
| Violation of safety rules |
x
|
x
|
x
|
x
|
| Unauthorized soliciting University property |
x
|
x
|
x
|
x
|
| Careless Work |
x
|
x
|
x
|
x
|
| Leaving work area without permission |
|
x
|
x
|
x
|
| Disobedience to proper authority |
|
x
|
x
|
x
|
| Countermanding orders of supervisor |
|
x
|
x
|
x
|
| Abusive or threatening language |
|
x
|
x
|
x
|
| Refusal or failure to perform work assigned |
|
x
|
x
|
x
|
| Sleeping on duty |
|
x
|
x
|
x
|
| Unauthorized gambling |
|
|
|
x
|
| Clocking-in another's time; Permitting a Clock-in
to be done by another falsifying attendance information |
|
|
|
x
|
| Willful destruction of University property |
|
|
|
x
|
| Immoral or indecent conduct |
|
|
x
|
x
|
| Theft |
|
|
|
x
|
| Soliciting students, visitors, vendors, or contractors |
|
|
|
x
|
| Being under the influence of alcohol |
|
|
|
x
|
| Being under the influence of illegal drugs |
|
|
|
x
|
| Using position for personal advantage |
|
|
|
x
|
| Removal or unauthorized reproduction of University
records and notices |
|
|
|
x
|
| Falsification of University records |
|
|
|
x
|
| Endangering safety of University employees |
|
|
|
x
|
| Possession or sale of illegal drugs or drug
paraphernalia on University property |
|
|
|
x
|
| Absenteeism/LatenessEarly Departure |
|
|
|
|
| Violation of the anti-harassment policy |
|
|
|
x
|
| Violation of the sexual harassment policy |
|
|
|
|
| Failure to submit time-sheets (applicable to
salaried administrative employees only) |
x
|
x
|
x
|
x
|
Disciplinary Measures for Unexcused Lateness
and Early Departures
|
Offenses
|
|
| Five instances of unexcused early departures
in a three month period |
Verbal Warning |
| Six instances of unexcused lateness or early
departures in a four month period |
1st Written Warning |
| Ten instances of unexcused lateness or early
departures in a vice month period |
2nd Written Warning |
| One additional instance of unexcused lateness
or early departure within six months of second written warning |
3-Day Suspension |
| One additional unexcused lateness or early departure
within three months of three-day suspension |
Discharge |
Section 12.7 All written reprimands and suspensions
shall be removed from an employee's file one (1) year from the date
of issuance, if no other infractions of the same type have been
entered during that period or unless removed through the grievance
procedure.
Section 12.8 Employees shall be given copies
of all evaluations and/or disciplinary letters prepared subsequent
to the effective date of this Agreement. Employee evaluations
shall be performed no more than once each year, during the period
of April 1 through June 30, unless an employee receives an “unacceptable”
or a “marginal” evaluation. Those employees not evaluated during
the designated time period shall be considered “satisfactory.”
Evaluations are subject to the grievance procedure.
ARTICLE XIII: HEALTH, WELFARE, AND EDUCATIONAL
BENEFITS
Section 13.1 The University shall, to the extent
set forth in this Section 13.1, provide an employee benefit program
that provides for life insurance, short and long term disability
insurance, medical insurance, dental and vision insurance. The terms
of such program are incorporated herein by reference. All full-time
employees who have successfully completed their probationary period
and have been notified by the Office of Human Resources that they
are regular, full time employees of the University shall be eligible
for inclusion within the aforesaid plan. The University's contributions
to the aforesaid plan, if any, for employees covered by this Agreement
shall be the same as paid by the University for all other of its
employees. Should the University change the contribution rate or
any aspect of the aforesaid program for all other employees at the
University, the same change, be it an increase or a decrease, shall
also apply, for the duration of this Agreement, to the employees
and dependents covered hereby. The University agrees to meet and
discuss the above contemplated changes with the Union prior to implementation.
Management will provide life insurance coverage after ten (10) years
of full-time service at one-half (½) of the employees’ salary
upon retirement at the age of sixty-two (62).
During the probationary period, full-time employees
wishing to participate in the employee benefit program must pay
the entire cost of coverage under the plan. An exception to this
is the life insurance plan in which employees participate during
their first year of employment.
Regular part-time employees shall be covered under
the program once they have met the condition of working 20 hours
per week. The eligibility of part-time employees is subject to the
following special conditions:
1. Must be employed as a regular employee (not a
temporary employee).
2. Must work a minimum of 20 hours every week.
3. Insurance is based on salary for the last full
fiscal year. For new employees, insurance is based on a projection
of the full fiscal-year salary.
(a) With regard to the employee benefit program,
the Union will be provided representation on the committee not to
exceed two (2) members of the bargaining unit. The committee will
review and make recommendations concerning any changes in the carriers,
which provide health care benefits to University employees. This
committee would be entrusted with the responsibility of reviewing
any proposals for changing the carrier(s), including associated
costs and the impact of such costs on union employees at the University,
before a change in the carrier(s) could be made. It is understood
that any changes in carrier(s) would provide equal or better coverage
for the employee at a cost that does not exceed the cost of the
program(s) being changed.
Section 13.2 The present disability plan with its
attending terms and limitations carried with Teacher's Insurance
and Annuity Association shall be continued by the
University for all full-time employees under the age of seventy
(70) years covered by this Agreement who have completed one (1)
full year of service with the University. The terms of such plan
are incorporated herein by reference.
Section 13.3 The present retirement plan, with its
current eligibility provisions, carried with the Teacher's Insurance
and Annuity Association - College Retirement Equities Fund shall
be continued by the University. The University shall
contribute to this plan at the rate of 5% of an employee's
annual salary. The University will increase its contribution
by 1% per year for each year to a maximum of 10% providing that
the employee matches the University's additional contribution on
a one-to-one basis. Participation in the plan is voluntary.
Should the employee elect not to contribute to the retirement plan,
then the University shall not be required to make any contribution
above the 5% stated above. The terms of the aforesaid plan
are incorporated herein by reference.
Section 13.4 The existing savings bond plan provided
by the University shall remain in effect. This plan is available
to
employees who sign an appropriate authorization form
on or about January 1 or on or about July 1. Deductions will be
made on a monthly basis, one-half of the monthly amount being deducted
from each paycheck.
Section 13.5 Education Benefits--After one year (12
months) of full-time continuous employment, an employee is
eligible to take two (2) courses during the Fall and
Spring semesters provided that the supervisor's approval has been
obtained. One (1) course is permitted during the summer session,
at the University under the tuition remission plan. The request
must be pursuant to the terms and conditions of the tuition remission
policy.
All course time must be made up in the same week,
by reporting to work one-half (½) hour before the scheduled
work day begins or one-half (½) hour after the end of the
work day or during the one (1) hour lunch period. Employees must
clock in and out for classes that fall within the normal working
hours. The modified work schedule must be approved in advance by
the supervisor and the Director of Human Resources. Any other type
of change must be approved, in advance, by the Director of Human
Resources and the Chief Fiscal Officer.
After one (1) year of full-time continuous service,
an employee is eligible to receive tuition benefits for his/her
spouse and children. An eligible employee's dependents may receive
tuition remission to attend the University on a full-time basis.
Any dependent may take courses for eight (8) semesters or for 128
semester hours, whichever comes first. A dependent may not be enrolled
for more than eight semesters. Room, board, general, and miscellaneous
fees are not covered. However, the University will consider
adjusting some general and miscellaneous fees on a case-by-case
basis. Application should be made directly to Admissions and Financial
Aid, who will help the employee follow the proper procedures. There
is no limitation concerning the number of dependents taking courses,
but, to be eligible, a dependent must be either a spouse, son, daughter,
stepson, or stepdaughter. If remitted tuition is requested for a
dependent, that person must live in the employee's household and
must qualify as a dependent for purposes of federal income tax.
The University shall require proof of this living arrangement and
tax status. To maintain eligibility, the employee or dependent must
satisfactorily complete the course work according to the scholastic
standards required by the University.
ARTICLE XIV: SENIORITY
Section 14.1 The definition of seniority shall be
as follows:
(a) University seniority shall be defined as the
length of time an employee has been continuously employed in a full-time
capacity in the University beginning with the date and hour on which
the employee began to work full-time after last being hired.
(b) Classification seniority shall be defined as
the length of time an employee has worked continuously and full
time in his/her present job classification an employee shall have
classification seniority in no more than one classification at any
time.
(c) Position seniority shall be defined as the length
of time an employee has worked continuously and full time in his/her
present position (example: secretary, payroll clerk, clerk typist
I, etc.). An employee shall have position seniority in no more than
one position at any time.
Section 14.2 Seniority shall accrue as follows:
(a) An employee's University seniority shall commence
after the completion of his/her probationary period and shall be
retroactive to the date and hour on which the employee began to
work full-time after last being hired.
(b) Classification seniority shall accrue after the
completion of an employee's probationary period, if any, retroactive
to the date and hour on which the employee began to work full-time
in the classification, and shall accrue during the
time an employee works in that classification.
(c) Position seniority shall accrue after the
completion of an employee's probationary period, if any, retroactive
to the
date and hour on which the employee began to work
full time in the position and shall accrue during the time an employee
works in that position.
Section 14.3 An employee shall lose all seniority
rights and all other rights under this Agreement and shall cease
to be an employee of the University when:
(a) the employee quits or resigns;
(b) the employee is discharged with just cause;
(c) the employee is absent from work for three (3)
consecutive work days without notifying the University unless for
reason satisfactory to the University;
(d) the employee fails to report back to work at
the conclusion of an approved leave of absence;
(e) the employee fails to notify the University of
his/her intention to report back to work within five (5) working
days after recall from layoff, which recall shall be by registered
mail to an employee's last known address, or fails to return to
work within three (3) working days after the effective date of recall
from layoff;
(f) the employee retires;
(g) the employee is laid off for a continuous period
of one (1) year or more.
Section 14.4 In the event of a layoff within a position,
employees in that position will be laid off in inverse order of
their University seniority provided the remaining employees within
the position have, at that time, the required experience, skill,
and ability to perform the remaining jobs within the position.
Section 14.5 Whenever a vacancy occurs in a position
and the University decides to fill that vacancy, employees who are
on layoff in that position shall be recalled in accordance with
their University seniority provided they have, at that time, the
required experience, skill, and ability to perform the job. If a
vacancy occurs in a position and the University decides to fill
that vacancy and there are no employees on layoff in that position
who have, at that time, the required experience, skill, and ability
to perform the job, the laid off employee with the most University
seniority will be recalled if he has, at that time, the required
experience, skill, and ability to perform the job and if not, the
next senior qualified employee will be recalled.
If a vacancy occurs in a part-time position and the
University decides to fill that vacancy, part-time employees who
are on layoff shall be recalled provided they have, at that time,
the required experience, skill and ability to perform the job.
Section 14.6 Every six months the University shall
post on all bulletin boards a seniority list showing the continuous
service of each employee. A copy of the seniority
list shall be furnished to the Union President and Chief Shop Steward
when it is posted.
ARTICLE XV: FULL-TIME JOB OPENINGS
Section 15.1 When possible, openings for full-time
jobs at the University will be filled, if at all, by employees presently
on the payroll and in accordance with the procedure set forth in
Section 15.2. Promotions to higher paying jobs and
transfers to equal or lower paying jobs will be based
on the needs of the University and the experience, skill, ability,
interviewing and seniority of the employee as set
forth below. Where there is no appreciable difference between the
relative experience, skill, ability and interviewing of two or more
employees, the employee with the most university seniority shall
be given first consideration. (Ex. Two employees from different
classifications from the vacancy bid on a position. There is no
appreciable difference between them. The employee with the most
University seniority will be granted the position.) As between employees
in the same classification as the vacancy, the employee with the
most classification seniority as defined in Section 14.1 shall be
given first consideration. As between employees in the same classification
as the vacancy with equal classification seniority, the employee
with the most University seniority will receive first consideration.
If no present employee possesses the experience, skill and ability
to fill the vacancy, the University may employ someone from outside
the University.
Section 15.2 Except as set forth in Sections 14.4
and 14.5, the University will, when possible, fill job openings,
if at all, in accordance with the following procedure:
(a) A job opening notice will be posted on the University
website, with the posting date and job bid deadline for internal
candidates for five (5) working days. Upon posting of the job opening
notice, the Union President will also be sent a copy. A listing
of all vacant job positions can be found in the Office of Human
Resources.
(b) Employees wishing to bid for the opening must
submit a Job Vacancy Bid Form to the Director of Human Resources
within the five (5) working days during which the notice is posted.
Job Vacancy Bid Forms will be available in the Office of Human Resources.
(c) The University may interview the bidders for
the opening and may require that applicable tests be taken or retaken
by those employees who are bidding on a position at a higher classification/grade.
The University will endeavor to give due consideration to all qualified
bidders.
(d) Within forty-five (45) days from vacancy, positions
will be posted and filled. Any opening may be filled temporarily
by the University until there has been a permanent award of the
job to an employee or until a new employee is hired for the job.
The University may decide at any time not to fill a vacancy.
The University will notify the unsuccessful bidder(s).
(e) An employee, when hired, promoted or transferred,
shall receive the pay appropriate to the new position only when
he/she has fulfilled whatever qualifications are required by that
new position.
(f) An employee, when promoted or transferred, shall
be on probation in the new position for thirty (30) days during
which time the employee may be returned to his/her former position
if his/her performance in the new position is deemed unsatisfactory
by the supervisor. When an employee accepts a position that has
fallen vacant as a result of the promotion or transfer of another
employee, the employee shall do so with the understanding that a
return may be made to the previous position if the first employee
is returned to his/her former position.
(g) A successful bidder on one job (including a new
hire) may not bid on another for a period of twelve (12) months;
provided, however, that the University and the Union may agree to
waive this restriction.
Section 15.3 Nothing in Section 15.1 or 15.2 shall
restrict the right of the University to require the transfer or
promotion of employees because of organizational needs or other
reason or to demote an employee at any time because of unsatisfactory
performance.
Section 15.4 The University retains the right to
hire such applicants as it deems qualified in its sole discretion.
Section 15.5 Temporary transfers or promotions may
be made by the University without regard to seniority. Employees
so transferred or promoted for a period in excess of one week shall
receive the rate of their former job or the rate of the job to which
they are transferred or promoted, whichever is higher. During periods
of temporary transfer, employees shall continue to accrue position
and classification seniority in the position and classification
from which they have been transferred or promoted. They shall not
accrue position and classification seniority in the position and
classification to which they have been transferred or promoted.
Section 15.6 An employee will not be required to
retake test merely to keep his or her present position.
Section 15.7 The University will notify the
Chief Shop Steward and the Union President of all new hires within
the bargaining unit and their classification as they occur.
Section 15.8 Upon establishment of a new comprehensive
classification and compensation system by the University, the employees
under such classification and compensation system will be allowed
to petition the University for reclassification. Such reclassification
petition shall be filed on forms developed by the Office of Human
Resources. The Office of Human Resources in consultation with the
employee's supervisor and the appropriate Vice President shall make
a determination within seventy-five (75) days on the merit of any
reclassification petition.
If the petition for reclassification is approved,
the position shall be placed in the appropriate classification.
The employee holding such position shall receive the salary equivalent
to all the positions in the higher classification, effective on
the date the reclassification is approved.
In the event that the petition for reclassification
results in a determination that the position should be downgraded,
the employee shall be demoted to the proper classification, but
remain at his/her current salary.
Determinations for reclassification which result
in positions being downgraded or remaining the same may be grieved
through the normal grievance procedure at Step 2, except that a
panel shall be formed to review the merit of the grievance at Step
3. Such panel shall be comprised of one (1) representative selected
and compensated by the Union, one (1) representative selected and
compensated by the University, and one (1) representative mutually
agreed upon and compensated who shall be an expert in the field
of classification and compensation, but shall not be affiliated
with the American Federation of State, County and Municipal Employees.
ARTICLE XVI: NO STRIKES OR LOCKOUTS
Section 16.1 For the duration of this Agreement,
there shall be no strikes, slowdowns, work stoppages, picketing,
or other interference with or interruption of work at any of the
University's operations by the Union or by any of the employees
covered by this Agreement. There shall also be no lockouts by the
University for the duration of this Agreement.
Section 16.2 In the event of any violation of Section
16.1, the Union shall immediately notify employees of its disapproval
of such action and instruct such employees to cease such action
and return to work immediately.
Section 16.3 Any employee who violates the provisions
of this article may be subject to disciplinary action by the University
including discharge and shall not be entitled to any benefits or
wages whatsoever. Any disciplinary action taken by the University
under this section shall be subject to the grievance procedure.
ARTICLE XVII: GRIEVANCE - ARBITRATION PROCEDURE
Section 17.1 A grievance shall be defined as any
difference between the parties regarding the interpretation or application
of any of the provisions of this Agreement. Such difference shall
be treated as a grievance and an earnest effort shall be made to
settle such difference immediately through the following procedure:
Step 1: Within five (5) working days after the occurrence
of an event upon which a grievance is based, an employee having
a grievance and/or a Shop Steward shall submit the grievance in
writing to the grievant's immediate Supervisor (with a copy to the
Director of Human Resources), stating precisely the character of
the grievance, the section or sections of this agreement allegedly
violated and the remedy sought. The Supervisor shall respond to
the grievance within five (5) working days after submission of the
grievance. If the Union is not satisfied with the Supervisor's response,
the grievance may be appealed in writing to Step 2 within five (5)
working days after receipt of the Supervisor's response.
Step 2: A conference will be held between the employee
submitting the grievance, a Shop Steward, a Union representative,
the Director of Human Resources, and designated representatives
of the University within fifteen (15) working days of receipt of
the appeal. The University's decision shall be due in writing within
ten (10) working days after the conference is held. If the grievance
remains unsettled, it may be appealed by the Union within fifteen
(15) working days after receipt of the University's answer to an
impartial arbitrator appointed by mutual agreement of both parties.
Section 17.2 Where the University and the Union are
unable to agree upon the impartial arbitrator within fifteen (15)
working days after receipt of the University's decision in Step
2, either party may apply to the American Arbitration Association
and request it to submit a panel from which an arbitrator may be
selected in accordance with the rules of the American Arbitration
Association.
Section 17.3 The Arbitrator shall have jurisdiction
and authority only to apply and interpret the provisions of this
Agreement. He/she shall have no power to add to, or subtract from,
or modify any of the terms of this Agreement; nor shall he/she substitute
his/her discretion for that of the University or the Union where
such discretion has been retained by the University or the Union;
nor shall he/she exercise any responsibility or function of the
University or the Union.
The Arbitrator's award shall be made in writing and
shall be rendered within thirty (30) calendar days after the close
of the proceedings.
Section 17.4 The decision of the Arbitrator on any
matter within his/her jurisdiction shall be final and binding on
the Union, the University and the grievant. The expenses and fees
of the Arbitrator shall be shared equally by the University and
the Union.
Section 17.5 "Class action" grievances may be presented
at the second step of the grievance procedure. A "class action"
grievance is understood to mean a grievance common to numerous employees
where it would be burdensome and impractical to require the filing
of a separate grievance for each of the employees involved.
Section 17.6 Any grievance of any kind which
has been presented under the grievance procedure and which is not
appealed to the next step within the applicable time specified above,
and any grievance which has not been submitted under the grievance
procedure within the time period for presentation of grievances,
shall be considered as settled and shall not be subject to further
discussion or appeal.
Section 17.7 Employees shall be permitted to have
a Union Steward and or full-time Union representative present at
each Step of the grievance procedure. It is expressly agreed that
the unavailability of a Union Steward or full-time Union representative
shall not affect the time restrictions set forth in Steps 1 or 2.
Section 17.8 The Union will inform the University
of the official Chief Steward and two other stewards. The
activities of these representatives shall not interfere with their
work for the University or with the work of other employees.
Section 17.9 Time spent by a Steward, during regular
working hours, in connection with the processing of a grievance
through Steps 1 and 2 of the grievance procedure, will be paid for
by the University, calculated at the Steward's regular rate of pay.
It is expressly understood between the University and the Union
that the foregoing sentence includes time for investigating grievances
only as provided in Section 17.10 below. The grievant will
be paid only for time spent during regular working hours in connection
with the processing of his/her grievance through Steps 1 and 2.
Section 17.10 Whenever a Union Steward finds it necessary
to leave his/her job to investigate a grievance, the Steward must
first receive the permission of his/her Supervisor. Such permission
shall not be unreasonably denied by the University. In addition,
in order to be paid for time spent in investigation, a Steward must
inform his/her supervisor and the Office of Human Resources, prior
to leaving for the investigation and immediately upon return, of
the exact time spent on investigating.
Section 17.11 The time limits set forth in this Article
XVII may be extended by mutual agreement of the Director of Human
Resources or that Director's designee and the Union.
ARTICLE XVIII: UNION ACTIVITY
Section 18.1 No employee shall engage in any union
activity, including the distribution of literature, which would
interfere with the performance of work during his/her working time
or in working areas of the University at any time, except as provided
in Article XVII. An employee's lunch period and rest periods are
not considered his/her "working time" for purposes of the preceding
sentence.
Section 18.2 The University shall not discriminate
against any Steward by reason of his/her union activities.
Section 18.3 Representatives of the Local Union of
the American Federation of State, County and Municipal Employees
or of the District Council shall have reasonable access to the University's
premises anytime during working hours upon prior notice to the Office
of Human Resources, for the purpose of administering this agreement.
Section 18.4 The parties shall create a committee
composed of three (3) employees to be named by the Union and three
(3) employees to be named by the University, which shall meet and
discuss any issues that affect the bargaining unit. The Union will
notify the Office of Human Resources when the District Representative
has been invited to be in attendance.
Section 18.5 The parties shall create
a committee composed of three (3) bargaining employees to be named
by the Union and three (3) non bargaining unit employees to be named
by the University which shall meet no less than once every two (2)
months to discuss health and safety issues. The Union will notify
the Office of the Director of the Physical Plant when the District
Representative will be in attendance.
ARTICLE XIX: WAGES
Section 19.1 As of July 1, 2003, the pay rates scheduled
shall be as follows:
|
New Hires |
Incumbents |
| Grade I |
$32,854.79 |
$34,004.71 |
| Grade H |
$32,210.58 |
$33,337.95 |
| Grade G |
$31,272.41 |
$32,366.94 |
| Grade F |
$30,361.57 |
$31,424.22 |
| Grade E |
$27,270.91 |
$28,225.39 |
| Grade D |
$24,737.71 |
$25,603.53 |
| Grade C |
$22,492.98 |
$23,280.23 |
| Grade B |
$20,529.63 |
$21,248.17 |
| Grade A |
$18,840.32 |
$19,499.73 |
Section 19.2 The salaries earned by incumbent employees
in the bargaining unit as set forth in section 19.1 above have been
increased by three and one half percent (3-1/2%) effective July
1, 2003. The salaries for new hires as set forth above will remain
in effect until the next scheduled increase. The new hire will then
receive the percentage increase as scheduled for that year.
The salaries earned by all employees in the bargaining
unit as set forth in section 19.1 above shall be increased by four
percent (4%) effective July 1, 2004 and four percent (4%) effective
July 1, 2005 and four percent (4%) effective July 1, 2006 and four
percent (4%) effective July 1, 2007 and four and one half percent
(4-1/2%) effective July 1, 2008 and four and one half percent (4-1/2%)
effective July 1, 2009.
Section 19.3 Any full time employee who has worked
for the University continuously for five years will receive an automatic
longevity increase of $300 added to the base salary at the time
she/he completes five years of continuous service during the time
period covered by this collective bargaining agreement. This increase
shall be added to the employee's base salary for computation of
all annual increases. Longevity raises shall not be cumulative.
Section 19.4 Any full time employee who has worked
for the University continuously for ten years will receive an automatic
longevity increase of $425 added to the base salary at the time
she/he completes ten years of continuous service during the time
period covered by this collective bargaining agreement. This increase
shall be added to the employee's base salary for computation of
all annual increases. Longevity raises shall not be cumulative.
Section 19.5 Any full time employee who has worked
for the University continuously for fifteen years will receive an
automatic longevity increase of $500 added to the base salary at
the time she/he completes fifteen years of continuous service during
the time period covered by this collective bargaining agreement.
This increase shall be added to the employee's base salary for computation
of all annual increases. Longevity raises shall not be cumulative.
Section 19.6 Any full time employee who has
worked for the University continuously for twenty years will receive
an automatic longevity increase of $650 added to the base salary
at the time she/he completes twenty years of continuous service
during the time period covered by this collective bargaining agreement.
This increase shall be added to the employee's base salary for computation
of all annual increases. Longevity raises shall not be cumulative.
Section 19.7 Beginning not later than January
1, 1998, wages shall be paid every two (2) weeks; every other
Friday. When a pay day falls on a holiday, the workday preceding
the holiday shall be pay day.
ARTICLE XX: LAYOFFS
Section 20.1 In the event of a layoff, notice shall
be given, if possible, two weeks prior to the effective date of
the
layoff.
In the event of a layoff, the Union's Executive Officers
(namely, the President, Vice President, Treasurer and Secretary)
and the Chief Shop Steward will have “super seniority” and will
be the last employees affected by such a layoff. The affected
Executive Officers will have the right to exercise their bumping
rights or take the layoff. The least senior employee within
that Officers classification/grade would be bumped.
Section 20.2 In the event of a recall from layoff,
notice shall be made by registered mail to the employee's last known
address. It shall be the responsibility of each employee to keep
the University informed of his/her last known address.
Section 20.3 An employee shall not earn any vacation
days or sick days during any period of layoff.
Section 20.4 An employee shall not be entitled to
any rights or benefits under the Agreement during any period of
layoff, except as set forth in Article XIV.
ARTICLE XXI: MISCELLANEOUS
Section 21.1 The University agrees to furnish and
maintain suitable bulletin boards in convenient places to be used
by the Union. The Union shall limit the posting of notices and
bulletins on such bulletin boards to Union business.
Section 21.2 If any term or provision of this Agreement
is at any time during the life of this Agreement in conflict with
any law, such term or provision shall continue in effect only to
the extent permitted by such law. If any term or provision of this
Agreement is or becomes invalid or unenforceable, such invalid or
unenforceability shall not affect or impair any other term or provision
of this Agreement.
Section 21.3 In the event that any provision of this
Agreement requires legislative action to become effective, including,
but not limited to, amendment of existing statutes, the adoption
of new legislation, or the granting of appropriations, that provision
shall become effective only if such legislative action is taken.
In the event the legislation is not passed with respect to a specific
subject matter, the parties hereto shall have the right to renegotiate
regarding the subject matter contained in the appropriate article
in a manner permitted by law.
Section 21.4 This Agreement is subject to the approval
of the University's Board of Trustees.
Section 21.5 The Union shall be notified of
the hire date, job location and classification of all temporary
employees as they occur.
Section 21.6 The parties agree that AFSCME representation
will be included on the University Committees that have an impact
on the AFSCME bargaining Unit. This does not include any Committees
that may be excluded because of agreements with other Labor Organizations.
ARTICLE XXII: WAIVER
Section 22.1 The parties acknowledge that during
the negotiations which resulted in this Agreement, each had the
unlimited right and opportunity to make demands and proposals with
respect to all proper subjects of collective bargaining and that
the understandings and agreements arrived at thereafter are contained
in this Agreement.
Section 22.2 The University and the Union, for the
life of this Agreement, each voluntarily and unqualifiedly, waive
the rights, and each agrees that the other shall not be obligated
to bargain collectively with respect to any subject matter not specifically
referred to or covered in this Agreement.
ARTICLE XXIII: DURATION OF AGREEMENT
Section 23.1 The terms of this Agreement shall commence
upon execution by both parties and shall continue in full force
and effect until midnight on June 30, 2010. However, the pay rates
set forth in section 19.1 of this Agreement and the bonus provisions
set forth in sections 19.3, 19.4, 19.5 and 19.6 of this Agreement
shall be in effect as of July 1, 2003. This Agreement shall continue
from year to year unless written notice of desire to cancel or terminate
the Agreement is served by either party upon the other, in writing
by certified or registered mail, at least sixty (60) days prior
to the date of expiration.
IN WITNESS WHEREOF, the respective parties have entered
into this agreement on the year and date set forth above.
DISTRICT, COUNCIL 88 AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES -- AFL-CIO BY:
Robert Cooper, Director
Barbara Kremp, Staff Representative
LOCAL 2377 COMMITTEE MEMBERS:
Maxine Davis
Diane Smith
Edith Jones
Nancy Stabler
Valerie Reason
Myrtis Gray
Elizabeth Perkins
LINCOLN UNIVERSITY THE COMMONWEALTH SYSTEM OF HIGHER
EDUCATION BY:
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