Article 2, Recognition

1Q. Who is covered by Bargaining Unit 7 contract?

1A. The BU 7 Contract covers all employees in classifications commonly referred to as, "technical classifications," listed in Article 2, Recognition, whose employment exceeds both fourteen (14) hours per week (or 35% of the normal work week) and sixty-seven (67) working days in any calendar year. (Article 2)

Article 4, Discrimination Prohibition

1Q. What internal avenues are available to an employee to resolve an issue alleging prohibited discrimination?

1A . An employee may allege a violation of the contract by filing a grievance under Article 21, Settlement of Disputes, or may file a complaint with University Office of Equal Opportunity and Affirmative Action according to Appendix A of the contract. An employee must choose between these internal remedies. (Article 4) (Article 21, Sections 2 and 3) (Article 7 , Section 6) (Appendix A)

2Q. Does a mandatory retirement age exists for BU 7 employees?

2A. No. The law does not permit a mandatory retirement age. (Article 4, Section 1)

Article 5, Recruitment and Employment

1Q. Applicants or employees with bumping rights must meet the measurable, job related selection criteria of the position they seek. What is meant by measurable, job related selection criteria?

1A. Measurable, job related selection criteria are specific, objective refinements of the qualifications required for a position. They are predictors of an employee's success in a position. Selection criteria are defined within the broad construction of the minimum qualifications of a classification. For instance, the minimum qualifications required for a Library Assistant 2 position is: "two (2) years of college course work and/or relevant library experience. " The measurable, job related, selection criteria for a particular position are added to the essential qualifications to aid the recruiting and selection process. The selection criteria added for a particular Library Assistant 2 position might be the following: "A basic competence in the Chinese language, both written and spoken". (Article 5, Section 3, A, B, C, D)

2Q. When is it necessary for a department to process a Personnel Requisition and post a vacancy?

2A. A Personnel Requisition is required to fill any vacant position in a BU 7 classification, regardless if the vacancy is posted or not. Posting the vacancy is required if the designated position types are, "Temporary Posted" or "Continuing". Neither a Personnel Requisition nor posting is required to increase the percentage time of the position by any amount, if the incumbent of a position has passed probation in the position. (Article 5) (Article 6, Section 2B) (Article 25, Section 3)

3Q Is a department having a vacancy in a BU 7 classification required to interview each applicant for the position who has been referred to the vacancy by the appropriate Human Resources Staffing Consultant?

3A. The department may screen the applications of the persons referred to the vacancy according to the measurable, job related selection criteria, and interview those applicants who appear to meet the requirements of the position most closely. However, the bargaining unit agreement requires the department to offer interviews to the two most senior employees by University Seniority from BU 7 who have applied for the vacancy within seven (7) calendar days of its posting and meet its measurable, job related selection criteria. (Article 5, Section 4. A) (Article 24, Section 3)

Article 6, Temporary Appointments

1Q. An employee, who worked at the University for 18 years in positions eligible to accrue vacation, quit and was paid out for their accumulated vacation. Within a year the employee returned to University employment in a Temporary No Post position. What is the employee's correct vacation accrual rate?

1A. The employee had a break in service of less than three years, so the employee's previous vacation earning rate and eligibility are restored, if their new appointment is for 75% time or more, or 50-74% time if the initial three year requirement for vacation and sick leave accumulation was met. The employee in this example would accrue vacation at the 13-20 year earning rate prorated by the percent time of their appointment. (Article 6, Section 2,c,3), (Article 16, Section 2,B), (Article 24, Section 5)

2QCan an employee's appointment to a Temporary No Post position be extended for more than nine (9) months?

2A. A Temporary No Post appointment can be extended beyond nine (9) months only to cover for another employee who is on a continuing disability, pregnancy leave, or other approved leave of absence and is expected to return. (Article 6, Section 2,c,2)

3Q. What can a department do to correct an employee's appointment if the Temporary No Post appointment has extended for more than nine (9) months?

3A. The department can post the position as a Temporary Posted or a Continuing position, and allow the employee to apply for it; or terminate the position and its incumbent. (Article 6, Sec 2)

4Q. What is a Supplemental position?

4A. A Supplemental position in a BU 7 classification has a variable, intermittent, or on-call schedule that exceeds the lessor of 14 hours per week and 67 work days per calendar year, and is paid on an hourly basis. If a position has a schedule of less than 14 hours per week or less than 67 work days per calendar year, it is not recognized in the bargaining unit and should have a Civil Service classification. (Article 6, Section 2A)

5Q. A department filled a Temporary Posted position for a term of one year. The position has been extended for another year. Does the department have to post the position again?

5A. The position must be posted as a Temporary Posted or a Continuing position, unless the extension is the result of a continuing disability, pregnancy leave, or other approved leave of the employee from the original appointment and that employee is expected to return. (Article 6, Section 2, B, 2)

6Q. An employee was hired on a Temporary No Post position for a year. The position is posted as a continuing position. The employee who held the position on a Temporary No Post appointment is hired. Is the person considered as a new hire?

6A. The employee is treated as a new hire and must begin serving a new probationary period. The employee must be paid within the pay range for the classification according to the compensation guidelines noted in Article 19. If the employee passes the new probationary period, seniority will be credited for the time served in the Temporary No Post position. (Article 6, Section 2, C, 2)

7Q. A Temporary Posted position was filled three years ago. The funding for the position has been extended for an additional year. Can the employee's appointment be extended, or must the position be reposted and refilled?

7A. When the overall duration of the employee's service in the position exceeds three years, the employee's appointment becomes "Continuing" without posting the position. The employee gains layoff rights with the Continuing appointment, but also is subject to being bumped if the layoff of a more senior employee in the seniority unit is laid off. The position itself remains temporary even though its incumbent has a continuing appointment. (Article 6, Section 2, B, 2)

Article 7, Probationary Period

1QAn employee who has passed probation in a continuing position in BU 7 is promoted to another position in BU 7. If the employee fails probation on the new position, what are the employee's rights to return to their prior position.

1A. Before bumping back to their prior position, the employee must apply for vacancies in the classification of their prior position, for which the employee is qualified and meets the measurable job related selection criteria. If offered a vacancy at 90% or more of their salary on the prior position, the employee must take it or lose the right to bump back into their prior position. The employee retains the right to the BU 7 layoff list if they lose their right to bump back to their former position. If the employee declines more than two such offers, the employee also loses the right to be on the layoff list .

If there is no vacancy in their prior classification, and the employee has more University Seniority than the current incumbent of their prior position, and the current incumbent has not passed probation in it, the employee may bump back to their prior position. (Article 5, Section 3), (Article 7, Section 6), (Article 25, Section 7, D)

2Q. An employee has passed probation in a continuing position in BU 7. The employee transfers or is promoted to a position outside bargaining unit and does not pass probation on the new position. Can the employee bump pack to their prior position in BU 7, or be placed on the layoff list for BU 7?

2A.

1. The employee must take a vacancy in their prior continuing BU 7 classification, if qualified based on the minimum qualifications, selection criteria, and University Seniority.
2. If such a vacancy does not exist, the employee shall bump the incumbent of their former position provided the employee has more University seniority than its current incumbent, and the current incumbent has not passed probation in the position.
3. If the employee cannot take a vacancy or cannot or chooses not to bump the incumbent of their prior position for the reasons listed, the employee may be placed on the BU 7 layoff list. The employee may not go to the layoff list in their new bargaining unit, because they did not pass probation in that bargaining unit. (Article 5, Section 3A) (See Article 7, Section 6, paragraph 4. )

3Q. A probationary employee in their initial probationary period is not producing satisfactory work performance in their job. What actions does the contract allow the supervisor to take?

3A. It gives the supervisor an opportunity to evaluate the employee's work performance before the employee's appointment becomes continuing. The supervisor must give the employee one performance appraisal near the mid-point of the employee's probationary period, but may give more than one. The supervisor can discuss the employee's performance with the employee, or give the employee more formal performance appraisals to let the employee know how well they are doing and explain what they must do to improve. The supervisor may terminate the employee immediately if in the supervisor's judgment, the employee's performance is such that termination is warranted. The employee can appeal the termination only if the employee believes the supervisor's decision was based on prohibited discrimination. (Article 7, Sections 1, 5, and 6) (Article 4) (Article 22, Section 1)

4Q. A continuing position is being abolished. Its incumbent has passed probation and has four years of seniority in the classification. The department has no vacancies in the classification. Three positions in the same classification exist in the Collegiate/Administrative Unit. Each is filled by an employee in their initial probationary period. Which probationary employee should be bumped?

4A. The collegiate or equivalent unit should decide which employee is to be bumped. (Article 25, Section 7, F)

5Q. An employee in BU 7 with more than two years of seniority took another position in the same collegiate/administrative unit. The employee failed probation, but does not want to return to the former position. Can the employee go to the layoff list instead?

5A. If the employee has vacancy preference rights, they must exercise those rights before bumping or going to the layoff list. If the employee chooses not to exercise rights back to their formerly held position, they will be allowed to choose the layoff list instead. Once on the layoff list, if they choose to accept a position in their prior classification, they will be as new hires for purpose of salary. This means they can be hired anywhere in the salary range of the new position according to standard hiring guidelines. (Article 7, Section 6, paragraph 4)

6Q. What are the rights of an employee who is laid off during a subsequent probationary period?

6A. The employee is treated as if they failed probation on the position. If they had no break in service between the prior Continuing position (the Continuing position the employee last held and successfully passed probation), and the current position, the employee has vacancy preference rights before the right to return to the prior Continuing position. The employee must take a vacancy in the classification of their prior Continuing position. To be eligible for the vacancy, the employee must meet its essential requirements and its measurable, job related selection criteria.

If such a vacancy does not exist, the employee can choose to bump into their prior Continuing position, if it still exists, if its incumbent has not passed probation in the position, and if the incumbent does not have more University Seniority than the employee.

If the employee cannot take a vacancy or chooses not to bump back into their prior continuing position the employee is placed on the layoff list. (Article 7, Section 6, paragraph 4) (Article 5, Section 3A)

7Q. If an employee who held a continuing position in another bargaining unit takes a continuing position in BU 7 and fails probation, can the employee return to their former position in the other bargaining unit?

7A. The BU 7 contract does not cover rights an employee may have in another bargaining unit. The employees return rights depend on the language in the Civil Service Rules or bargaining unit agreement that covered the former position.

Article 8, Performance Appraisals

1Q. An employee in BU 7 is due for a performance appraisal. Should the supervisor ask a union steward to attend?

1A. The presence of a steward is not required or recommended. However, if the employee feels the performance review meeting has become disciplinary in nature, the employee has the right to adjourn the meeting and reschedule it with a union steward present . (Article 8, Section 1, paragraph 2)

Article 9, Classification and Reclassification

1Q. Can an employee file a reclassification appeal and a related grievance at the same time?

1AAn employee may appeal a reclassification decision. The appeal would be heard by a classification appeal panel. Such an appeal would allege a violation of Article 9, Classification and Reclassification. A related grievance must allege violations of one or more other articles of the BU 7 Contract. (Article 9, Section 4)

Article 12, Hours of Work

1Q. The Bargaining Unit 7 employees in a department want a meeting to discuss flexible work schedules. What should be discussed at the meeting?

1A. The employees in a department may request a meeting to discuss flexible schedules as often as once each six (6) months. The discussion should focus on the possible effects of flexible schedules on administrative costs, work productivity, delivery of service, and the benefits of flexible scheduling. After the meeting, the department's decision should be communicated in writing to the employee(s). The employee(s) may appeal the department's determination within 14 calendar days of its receipt. This appeal should go to the next level supervisor who did not have an active role in making the decision. The employer's decision may be appealed only through the procedure set forth in Article 12, Section 2. (Article 12, Section 2. )

Article 15, Holidays

1Q. An employee has a 75 percent time appointment and a supplemental hourly appointment for time worked in excess of the percent time appointment. How much pay does the employee receive for the week if the employee worked for 8 hours during the holiday and 6 hours per day for the rest of the week? If the employee worked 8 hours for one day of the week, but not on the holiday?

1A. If an employee has a 75% time appointment, their work week is 30 hours and a holiday is 6 hours. Overtime is paid only if the employee works over 40 hours in the work week.

If the employee worked for 8 hours on the holiday and 6 hours per day for the rest of the week, the employee would receive 8 hours pay at time and one half for work on the holiday, plus 6 hours of compensatory time or pay for the holiday, and 24 hours at straight time for the other four days in the work week.

If the employee worked for 8 hours on one day of the week, but not the holiday, the employee would receive 6 hour of pay at straight time for the holiday, 6 hours of pay at straight time for each of the other four days, and 2 hours pay at straight time for the 2 hours worked on the 8-hour day.

In both examples above, the employee did not work more than 40 hours in the week, so overtime pay at time and one half did not occur. (Article 13) (Article 15)

2Q. A new employee began work on January 1, the beginning of the new year. January 1 is a holiday. Does the employees receive holiday pay?

2A. The employee will receive holiday pay. However, the new employee should have been appointed on January 2 instead, so the University would not be liable for the holiday pay. In cases where an employee transfers, promotes, or demotes to a new department effective on the first day following a holiday, the two departments should work out an agreement as to which department pays for the holiday. (Article 15)

3QAn employee is on an unpaid leave. A holiday occurs during the leave. Is the employee paid for the holiday?

3A. Employees on unpaid leave of absence do not receive pay for holidays occurring during the unpaid leave. However, they are paid for holidays occurring at the beginning or end of the unpaid leave, if they return to work at the end of the leave. (Article 15)

4Q. What are the guidelines for the approval of a personal holiday?

4A. The University's guidelines on the use of personal holidays are listed below.

• An employee must be appointed at a designated percentage of time and begin employment prior to May 1 of the fiscal year;
• A supervisor may limit the number of employees permitted to take a personal holiday on any given day, subject to operational needs;
• The personal holiday must be taken in a whole day increment at the employee's current designated percentage;The personal holiday must be taken by June 30;
• If the employee has not requested their personal holiday by May 1, the supervisor has to schedule the employee's personal holiday.
• Any employee who terminates from the University prior to using their personal holiday shall not be entitled to compensation for it;
• The Chancellor of each campus may designate an additional "floating" holiday on which the campus is closed in lieu of granting a personal holiday to each employee. (Article 15)

5Q. How much pay or time off does an employee in BU 7 receive for a given holiday, or day observed as a holiday?

5A. An employee's pay or time off for a holiday is proportional to the designated percent time of the employee's appointment, that is between 36 and 100 percent time, inclusively. The contract does not recognize appointments of 35 percent time or less. (Article 15, Section 1) (Article 2, Section 1)

6Q. Two employees work full time, forty (40) hours per week, on a schedule of four ten hour days. A holiday falls on one employee's work day and on the other employee's day off. Neither employee worked on the holiday. How much pay should each receive.

6A. Employees usually work five 8-hour days, so a holiday for a 100% time employee is eight hours. The employee whose holiday fell on their day off worked 40 hours during the week and did not receive credit for the holiday, so the University owes this employee eight hours of pay or time off at a later date. The employee whose holiday fell on a work day received ten (10) hours off, but a holiday is worth only eight (8) hours. So, this employee must work two hours on another day during the week to be paid for their full work week. The easiest way to handle this problem is to return to a schedule of five eight-hour days for each work week containing a holiday. (Article 15)

7Q. An employee has a 75% time appointment. The employee normally works six hours per day, Monday through Friday, On a particular holiday, (a Monday) the employee is required to work eight (8) hours. What pay should the employee receive?

7A. An employee having 75% time appointments, receives holiday pay worth 75% of a normal work day, or six hours. An employees who does not work on a holiday receive their six hours of pay for the holiday. The employee who works on the holiday receives pay at time and one half for all hours worked, plus their regular pay for the holiday, This employee is paid a total of 18 hours for the day (6 hours at straight time plus 8 hours at time and one half). (Article 13, Section 1, Paragraph 1)(Article 15, Section 2)

Article 16, Vacation

1Q. Does an employee in BU 7 who has a 75-100% semi monthly appointment accrue vacation during months when the employee works less than 75% time?

1A. If the employee has worked fewer than three years, the employee does not accrue vacation for any month during which their work time is less than 75%. If the employee has worked more than three (3) years in vacation eligible positions, the employee will accrue vacation on a proportionate basis for any month their work time drops to between 50 and 74% time. (Article 16, Section 1)

2Q. Can an employee who terminates extend their appointment by the number of accrued vacation days they have?

2A. An employee's appointment ends on their final day of work The employee is paid in a lump sum for the vacation accumulated as of their last day of work. An employee does not accrue additional vacation days or receive pay for holidays that occur after their termination date. (Article 16, Section 5, paragraphs 3 and 4. )

3Q. If an employee from BU 7 takes a vacation eligible civil service or academic position and returns to a BU 7 position at a later date, what is the effect on the employee's vacation accrual rate?

3A. An employee in a percent time position at more than 75% time (after three years in 50-75 percent time position) is eligible to accrue vacation. The employee would accrue vacation leave for at a rate based on work time at the University. It makes no difference whether such work was performed under a BU 7 or an academic or a civil service appointment. (Article 16, Sections 1 and 2) (Article 24, Section 5)

4Q. What happens to a BU 7 employee's vacation accumulation if the employee takes an academic appointment?

4A. The unused vacation time will not be paid to the employee. It is banked at the rate in effect at the time of the appointment change. The record is maintained by the new department. The employee may use this time while on the academic appointment provided they have their supervisor's approval. Such vacation is credited in equal units (day for day), not reduced due to the higher academic salary level. However, upon termination from the University, all banked unused vacation will be paid out at the rate in effect at the time the last BU 7 vacation day was earned. (Article 16, Section 1)

5QAn employee in BU 7 worked at the University for 18 years in vacation eligible positions. The employee terminated and was paid out for their accumulated vacation. The employee returned to a Temporary No Post position at 100% time after a break in service of less than one year. What is the employee's correct vacation rate?

5A. An employee who returns to a vacation eligible position after a break in service of less than three years has their previous vacation accrual rate and eligibility restored. The employee is eligible to accumulate vacation if their current appointment is for 75% time or more, or 50-74% time if the initial three year requirement was met. The new position may be Temporary No Post, Temporary Posted, or continuing position. The employee in the above example will accrue vacation at the 13 through 20 year earning rate. (Article 24, Sections 4 and 5) (Article 16, Section 2)

6Q. If an employee requests vacation leave 30 or more days in advance, how much time does the supervisor have to decide if the leave will be granted?

6A. The supervisor must respond to a written request for vacation received 30 or more days in advance within five calendar days of receipt of the request. (Article 16, Section 3)

Article 17, Sick Leave

1Q. If a holiday fell while the employee was on sick leave, should the employee receive holiday pay instead of sick leave for that day?

1A. The employee receives holiday pay if the holiday occurs during a leave of absence with pay. If the holiday falls within the employee's approved sick leave, the employee receives holiday pay only instead of sick leave for that day. The employee does not receive sick leave in addition to holiday pay for that day. (Article 15, Section 4)

2Q. What happens to a BU 7 employee's unused sick leave accumulation if the employee takes an academic appointment?

2A. The employee's unused sick leave accumulation is banked and reinstated if/when the employee returns to BU 7 appointment, provided the employee returns to a position in BU 7 within three years of their termination from their academic position. (Article 24, Section 5)

3Q. If an employee has exhausted all accumulated sick leave, can the employee use accumulated vacation leave as sick leave?

3A. If sick leave is exhausted, the employee is allowed to use vacation leave or compensatory time from overtime worked for legitimate sick leave reasons. The employee may also use their vacation or overtime accruals subject to the provisions of the use of vacation or overtime. (Article 17, Section 2, paragraph 7)

Article 19, Salary

1Q. What is the progression date for an employee in BU 7 hired prior to October 1, 1997?

1A. Each employee in a BU 7 classification is eligible for a step increase on October 1 of each year, provided the employee has served one year in the bargaining unit and has not reached the maximum salary rate for the pay range. An employee who is rehired from the layoff list retains credit for their time worked, since their last step increase and before their break in service, toward their next step increase. An employee who served less than one year in the bargaining unit and was laid off retains their credit toward eligibility for a step increase. (Article 19, Section 4)

2Q. What is the progression sequence of an employee hired between October 1 and March 3 of each year beginning in 1997?

2A. An employee who is hired between October 1 and March 3 will progress to the second step of the pay range for their classification after six months of service. The employee will be eligible to progress to the third step of their pay range on the October 1 following completion of one year of service at step two. Thereafter, they are eligible to progress one step each year on October 1, until they reach the top of their pay range.

3Q. An employee was eligible to receive a progression increase on October 1, but the employee was off the payroll for more than four consecutive months during the preceding year. Should this employee receive their progression increase on October 1?

3A. No. Since this employee was off the payroll for more than four consecutive months, the employee's progression increase eligibility date for this year is extended beyond October 1 by the entire amount of time off the payroll. Next year, the employee will be eligible for a progression increase again on October 1, unless their eligibility is extended because they are off the payroll for more than four consecutive months between October 1 of this year and October 1 of next year. (Article 19, Section 4, paragraph 5)

4Q. How is the employee's salary determined when a new employee is hired or a current employee is promoted, transferred, demoted, or reclassified?

4A. All employees in BU 7 shall be paid within the salary range of their classification and on a step of the salary range for the classification. The normal starting salary for a new employee is the beginning of the pay range for the classification of the position.

A promotion occurs when an employee moves from one BU 7 position to another having a classification with a higher pay range, or when an employee moves from a position outside BU 7 to a position within BU7 that has at least a 4% higher pay range, when the respective pay ranges are compared at their mid points. A promotion can occur if an employee applies for and is hired for a higher level position or when an employee's position is reclassified. The normal starting salary for a promoted employee is the nearest step of the salary range of the new classification that provides at least a four percent (4%) salary increase. Promotional increases may be greater than 4% when in conformance with University policy. Starting salaries greater than the beginning of the pay range, or promotional increases greater than 4% are possible upon approval of the appropriate responsible administrator or their designee. Requests by hiring authorities to pay an employee at a higher salary must be documented using the following points of consideration. The salaries of employees supervising or giving work direction to the employee;The employee's salary relative to salaries paid similarly qualified, or experienced employees in comparable positions within the department or collegiate/administrative unit;The employee's current or previous salary;The timing of anticipated salary adjustments;The performance record of the employee on previous positions. A transfer occurs when an employee moves from one BU 7 position to another having a classification with the same pay range, or when an employee moves from a position outside BU 7 to a position within BU7 that has a pay range within 4% of their former pay range, when the respective pay ranges are compared at their mid points. A transfer occurs if the employee applies for and is hired for an equivalent level position or when an employee's position is reclassified. Employees who take transfers must be paid within the pay range, but may receive salary adjustments.

A demotion occurs when an employee moves from one BU 7 position to another having a classification with a lower pay range, or when an employee moves from a position outside BU 7 to a position within BU7 that has a pay range 4% or more lower than their former pay range, when the respective pay ranges are compared at their mid points. A transfer occurs if the employee applies for and is hired for a lower level position, is laid off and bumps to a lower level position in formerly held classification or when an employee's position is reclassified. An employee who is demoted has their salary cut by no more than 10% or the top of the new lower pay range, whichever is lower. (Article 19, Sections 1,2 and 3)

5Q. What is a break in service for an employee on a supplemental appointment?

5A. Employees on Supplemental Positions have work schedules that are variable, intermittent or on-call. Twelve (12) months of service is defined as a 12-month period of service during which no break in service occurred. For an employee on a supplemental appointment, a break in service is a termination of employment, or a period of employment at 35% time or less for a duration of four months or more. If on biweekly payroll, a break in service is employment that averages 14 hours per week or less for a duration of eight biweekly pay periods or more. (Article 24, Section 1) (Article 6, Section 2A 2b)

6Q. What is the progression anniversary date for an employee appointed on a nine-month per year basis, or any recurring term of appointment of a less than 12-month per year basis?

6A. The employee who works on an appointment of 9, 10, or 11 months per year receives service credit of 12 months each year. The employee receives a progression increase on the first October 1 following completion of 12 months of service credit since their appointment or their last progression increase. (Article 19, Section 4)

7Q. An employee is appointed on a 12-month, percent time basis. The employee is reduced to a lesser percent-time or to a term of appointment that is lower than the employee's definition of layoff. What is the employee's eligibility for a progression increase?

7A. This action meets the definition of a layoff. The employee may accept the reduction in time, or exercise their layoff rights. If the employee accepts the reduction in term of appointment or percent-time, their progression increase date does not change. If the employee goes to the layoff list and is reemployed from the layoff list, the time worked between their last progression increase or appointment (if they have worked less than one year), and their layoff is credited toward their one year of service in the bargaining unit required for their next progression increase. (Article 19, Section 4, paragraph 4)

8Q. What is the progression anniversary date of an employee appointed on a less than 12 month basis who has been transferred or demoted into their current classification?

8A. The employee who was transferred or demoted maintains their eligibility for the next progression increase on the following October 1. (Article 19, section 3)

9Q. What is the effect of a layoff on a progression anniversary date?

9A. If rehired from the layoff list, the employee retains credit for the time the employee has worked prior to the layoff toward the one year of service in the bargaining unit required for their next progression increase. If rehired, but not from the layoff list, the employee will receive a progression increase on the October 1 following their first day of the pay period following their most recent entry into the bargaining unit upon the completion of twelve (12) months of service. (Article 19, Section 4)

10Q. If an employee is temporarily filling in for an employee in a higher classification and is receiving a salary augmentation, when is the employee eligible for a progression increase?

10A. Salary augmentations have no effect on the timing of progression increases. The employee should receive a progression increase on the October 1 following one year of service. (Article 19, Section 7)

11Q. What discretion does a hiring authority have in the determination of the salary paid to a current BU 7 employee hired to fill a vacancy in a BU 7 classification?

11A. The employee must be paid within the pay range for the classification. If the position is a promotion, the employee must receive at least a 4% pay increase or the minimum of the new pay range whichever is greater and must be paid on step. If the new position is a transfer or voluntary demotion the employee must be paid within the pay range and may not receive a salary increase. (Article 19, Sections 1, 2, and 3)

12Q. What is shift differential in BU 7 and how is it applied?

12A. A shift differential is paid to an employee for work shifts of at least six (6) hours in duration that are scheduled by the employee's supervisor and begin before 6:00 a. m. or end on or after 7:00 p. m. The applications for shift differential are listed below:

• A shift is not made eligible for shift differential by the employee working into the time period that is eligible for shift differential.
• A shift is eligible for shift differential if the shift is of at least six hours in duration any part of the shift is scheduled during the period eligible for shift differential.
• Shifts that do not qualify for shift differential are not paid the shift differential.
• Overtime worked on a shift that is eligible for shift differential is paid at time and one half on both the base and the shift differential.
• Shift differential is not paid during vacation leave, sick leave, holidays or other paid time off. (Article 19, Section 6)

13Q. An employee's work shift is 7:45 a. m. until 4:30 p. m. except on Wednesdays, when it is from 11:00 a. m. until 7:30 p. m. What shift differential should the employee receive?

13A. The employee will receive shift differential only for their work on Wednesday, because only the Wednesday shift is eligible for shift differential. See the applications of shift differential, above, (Article 19, Section 6)

14Q. Can the supervisor withhold an employee's progression increase for work performance that is not satisfactory?

14A. The employee's progression increase may be withheld for unsatisfactory work performance. A written notice that the progression increase is being withheld must be given to the employee prior to the employee's progression anniversary date. The progression increase may be granted at a later date by certifying that the employee has achieved a satisfactory level of performance. Withholding or delaying the progression increase does not change the employee's eligibility for their next progression increase on the following October 1. A delayed increase is not retroactive. (Article 19, Section 4)

15Q. A department is hiring an employee who is currently employed in a higher level classification for a vacancy in a BU 7. How does the department determine what salary to offer?

15A. This is a demotion. The supervisor must offer a salary within the pay range of the classification and "on step". The employee's salary on demotion may be cut by no more than 10% or to the top of the new pay range, whichever is lower. (Article 19, Section 3)

16Q. If a position of an employee from another bargaining unit is reclassified to a classification in BU 7, how is the employee's salary upon the reclassification determined?

16A. The employee's salary depends on if the reclassification is a promotion, a demotion or a transfer. The comparison is made at the midpoints of the old and new classification and the promotion/demotion/transfer policy applies. In all cases, the employee must be paid within the pay range for the new BU 7 classification and "on step". (Article 19, Sections 1,2 and 3)

Article 21, Settlement of Disputes

1Q. Are tape recordings allowed as evidence during a grievance hearing?

1A. Tape recordings can be presented as evidence in a grievance hearing. Their authenticity should be examined and questioned by the panel or individual hearing the grievance. The weight or consideration given the tape recording is an individual judgment call in each grievance. (Article 21)

2Q. Are grievance hearings tape recorded? Should they be tape recorded?

2A. The BU 7 grievance procedure does not provide for tape recorded hearings. The hearings should not be tape recorded unless all parties agree. (Article 21)

3Q. If a grievance is held during work hours, are witnesses who are University employees paid?

3A. The department head of the aggrieved employee's department can decide if the witnesses from that department are on payroll while they attend the grievance hearing to provide testimony. If witnesses are from another department, the department head of the other department can decide if those witnesses are on payroll while they attend the grievance hearing to testify. The hearing officer may suggest affidavits instead of testimony, particularly if a witness is not present to provide testimony on disputed facts. (Article 21)

4Q. Does a representative from the Office of Equal Opportunity and Affirmative Action attend hearings of grievances that allege violation of Article 4, Discrimination Prohibition?

4A. The Office of Equal Opportunity and Affirmative Action is invited by the respective HR Consultant to attend hearings of grievances that allege violation of Article 4, Discrimination Prohibition. The Office of Equal Opportunity and Affirmative Action decides if a representative from that office should attend.

5Q. Should a supervisor hear a grievance if the grievance application is inconsistent with the BU 7 grievance procedure as outlined in the contract?

5A. Every grievance must be heard. The supervisors' response can be that the grievance is not timely or is defective in any other procedural way. This can be the basis for denying a grievance.

Article 22, Discipline

1Q. Can an employee be dismissed for insubordination if the employee has not responded to a direct request from the supervisor to finish a project?

1A. Insubordination is the willful refusal to carry out a direct order or obey a work rule. An employee's refusal may be mitigated by the issues surrounding the case. Because of its complexity, the supervisor should consult with a Human Resources Consultant or legal counsel before taking an action to dismiss an employee for "insubordination. (Article 22)

2Q. Can a supervisor apply disciplinary action to encourage the employee to make improvement in work performance?

2A. Minor deficiencies in work performance normally are brought to the employee's attention privately through coaching. Coaching is not considered as discipline, but if an employee's work-related behavior does not improve after coaching, the supervisor may take corrective disciplinary action.

Corrective disciplinary action usually is progressive and administered in increasingly more stringent disciplinary steps. The steps are: oral warning, written warning, suspension without pay, and dismissal. After each instance of disciplinary action, the supervisor should provide the employee an opportunity to improve.

3Q. Can a supervisor suspend or dismiss an employee at the first instance of serious misbehavior?

3A. The level of disciplinary action may begin at a higher step for serious misbehavior. Theft, dishonesty, assault, etc. are examples of serious misbehavior. In these cases, suspension or dismissal may be appropriate at their first occurrence. The supervisor always should consult with a Human Resources Consultant or legal counsel before taking a higher level of disciplinary action. (Article 22)

4Q. Why should a supervisor conduct an investigation of the facts of the case before taking disciplinary action against an employee?

4A. Constitutional due process and the contract require that an employee be presented with all charges and be given an opportunity to respond. An investigation permits discovery of all relevant facts. The employee has a right to have a union representative present during any investigation which may result in disciplinary action. (Article 22, Section 3)

5Q. If the supervisor knows the details in a case of an employee's improper work behavior, should an investigation be conducted anyway?

5A. Yes. An investigation should always be conducted before administering any disciplinary action, including oral and written warnings. The investigation provides the supervisor opportunity to uncover and consider all circumstances before taking disciplinary action. Information obtained during an investigation also gives the supervisor a better position for showing the disciplinary action was taken for just cause. (Article 22, Section 1)

6Q. Who should attend an investigatory meeting with an employee regarding misbehavior that may result in disciplinary action?

6A. The employee and the supervisor must attend as they are the principals in the case. The employee is entitled to have a Union representative at the meeting. If the employee has a Union representative, the supervisor should have another supervisor attend. The other supervisor should not be in a position to hear the case on appeal. (Article 22, Section 3)

Article 24, Seniority and Appendix C

1Q. How much classification seniority as a Library Assistant 2 does the employee have in the following situation? The employee had a position of a Library Assistant 2 (supervisory) from July 1, 1990 through June 30, 1994, and a position of Library Assistant 2 (non-supervisory) from July 1, 1994 through July 1, 1996.

1A. The employee was supervisory, and was not part of the bargaining unit until July 1, 1994. The previous time as a Library Assistant 2 (supervisory) is counted for University seniority, but not for classification seniority as a Library Assistant 2. On July 1, 1996, the employee had two years of seniority as a Library Assistant 2. (Article 24, Section 2)

2Q. What seniority may be restored for the following employee? Is it usable? The employee worked at the University in a continuing position for 18 years, terminated, and was paid out for their accumulated vacation. The employee returned to a Temporary No Post position after a break in service of less than one year.

2AUniversity and Classification seniority are restored, but the University Seniority is not usable while the employee is in a Temporary No Post position, and the employee does not have layoff and bumping rights. The Temporary No Post appointment does not restrict the use of classification seniority for the selection of reassignable overtime

If the position subsequently is posted as a Temporary Posted or a Continuing position, and the same employee who served in the initial Temporary No Post position is hired, the employee's University seniority from the previous 18 years will become usable after the employee passes the six month probationary period for the position. After passing probation, the employee also gains seniority retroactively for the time spent in the Temporary No Post position and gains layoff rights. Please note that an employee laid off from a Temporary Posted position does not have bumping rights, only access to the layoff list. (Article 24, Section 5) (Article 6, Section 2C) (Article 24, Section 2C2) (Article 13, Section B) (Article 25, Section 7G, paragraph 5)

3Q. One University unit is being acquired by another unit. How will the acquisition affect the seniority of the employees acquired by the new unit?

3A. Mergers occur when the positions in two or more seniority units are blended into one through reorganization. Acquisitions occur when one or more positions, but not all, are acquired by another seniority unit through reorganization. In both cases, mergers or acquisitions, the employee's seniority credit from the former unit is maintained in the new unit. (Article 24, Sections 1, 2, and 3)

4Q. If an employee holds a 25% time appointment in a different classification in each of two departments, what seniority does the employee accrue?

4A. Two departments may independently hire an employee at 25% time each. The contract recognizes only positions of more than 35% time, so both appointments of less than 35% should be made using a non-represented Civil Service classification. (Article 2) (Article 6)

5Q. What is an employee's seniority unit?

5A. The employee's work department is the seniority unit for their initial bumping option and if the employee is bumping option back into a formerly held classification. The Collegiate/Administrative Unit is the employee's seniority unit if the employee cannot bump the least senior employee in their same classification in their work department. The list of Collegiate/Administrative Units is printed in Appendix C of the contract. The Seniority Roster is organized and posted alphabetically by Collegiate/Administrative Unit.

6Q. On August 1, 1996, the employee was hired to a 100% time continuing position in a BU 7 classification. The employee had previous service in a 75% time BU 7 position that terminated on March 31, 1994. Can the employee be reinstated?

6A. The contract requires the reinstatement of an employee hired to a position in a BU 7 classification of at least 50% time within three years of their termination, unless the employee was terminated pursuant to a settlement agreement. If the employee had a percentage appointment of at least 75%, or 50% time if the initial 3-year criteria were met, the employee's former unused sick leave and vacation leave accumulation rate and eligibility are reinstated. (Article 24, Section 5)

7Q. If an employee returns to University employment in BU 7 within three years and is reinstated, how does the employee's new department know the specifics of the reinstatement?

7A. The Human Resources Information System (HRIS) auditor sends the employing department a statement showing the employee's unused sick leave and Vacation Anniversary Date. The new Vacation Anniversary Date is the employee's old Vacation Anniversary Date extended by the number of work days in the employee's break in service. The period of time between the returning employee's new Vacation Anniversary Date and their new hire date is their service time from which to determine their vacation accumulation rate. (Article 16, Section 2, chart and paragraph 2) (Article 16, Section 2, paragraph 2) (Article 24, Section 5)

8Q. A former employee's seniority is reinstated whenever the employee returns to a position in BU 7 within three (3) years of their termination. What is the employee's seniority upon reinstatement?

8A. An employee's seniority is their number of calendar days of service with the University that can be reinstated. Their seniority will appear on the next seniority roster. If the employing department must know the employee's exact seniority before that (as may occur if the department has a layoff), a seniority report can be provided by the Office of Human Resources. (Article 7, Section 4, C and D) (Article 24, Section 4) (Article 24, Section 6)

9 Q. Can a former employee be reinstated if their termination was pursuant to a termination/severance or layoff/non-renewal program?

9 A. An employee may not be reinstated if the employee participated in a termination/severance or a layoff /non-renewal package.

Article 25, Layoff and Recall

1Q. Can a department minimize the effects of multiple wave bumping during a layoff by reassigning more senior employees, whose positions are being abolished, to the positions occupied by the least senior employees?

1A. Departments, Collegiate/Administrative units, and more broadly defined units are encouraged to reassign employees who have continuing appointments and are being laid off to the positions of the least senior employees who have continuing appointments, or to temporary posted positions, probationary positions, temporary no post positions, or supplemental positions. This will minimize the disruptions caused by multiple wave bumping. From 0 to 28 calendar days are necessary to implement the reassignment and provide appropriate notice of termination, depending on the type of appointment held by the least senior employee. The appropriate Human Resources Consultant should be consulted about the notice required under each set of circumstances. (Article 7, Section 6) (Article 25, Section 7G)

2Q. What is the appointment status of a BU 7 employee who is laid off from a continuing position and takes a vacant temporary position.

2A. If the laid off employee initiates the action, their appointment status becomes temporary. If the employee is reassigned to the position by the employer, the employee retains a continuing appointment.

3Q. What is the status of a laid off BU 7 employee who had a continuing position and bumped an employee in the same Collegiate/Administrative Unit who held a continuing appointment in a temporary position?

3A. The bumping employee retains a continuing appointment and the position remains temporary. The employee who held the temporary posted position gained continuing appointment status in a temporary position by serving in the temporary posted position for more than three (3) years, and as a result, the employee is susceptible to a bump by a laid off employee from the same Collegiate/Administrative Unit who had more University Seniority.

4Q. If an employee on a continuing position is being laid off or bumped, what layoff notice should an employee in a continuing position receive?

4A. If a continuing position is being abolished or reduced to a level below its applicable definition of layoff, the incumbent of that position must receive a notice in writing at least 28 calendar days before the effective date of the layoff, except in emergencies. The notice should identify the specific position, if any, to which the employee has bumping rights. The employee has seven calendar days to seek out an appropriate vacancy or decide whether to bump the incumbent of the position identified in the notice of layoff.

The employee being bumped, must receive a 21 calendar-day written notice of layoff that identifies the specific position, if any, to which the employee has bumping rights. The employee has seven calendar days to seek out an appropriate vacancy or decide whether to bump the incumbent of the position identified in the notice of layoff. (Article 25, Section 3, A-D) (Article 25, Section 5

5Q. What are the layoff rights of an employee who has a continuing position in BU 7 and is laid off?

5A. Before the actual layoff occurs the department and the employee should consider alternatives to layoff, including reassignment, voluntary reduction in appointment, Layoff/Non-Renewal program, and vacancy preference. The employee's options upon layoff are listed in order below.

The Layoff/Non-Renewal Program. The employee being laid off, is eligible for the Layoff/Non-Renewal program. Their layoff rights are not diminished if they decline to take the Layoff/Non-Renewal program. (Memorandum of Understanding on Alternatives to Layoff)

Vacancy Preference. If the employee being laid off does not take the Layoff/Non-Renewal program as provided in the Memorandum of Understanding on Alternatives to Layoff, the employee has preference to vacancies in continuing positions in their Immediate Geographic Area according to the conditions listed below. (Article 5, Section 3a)

• The employee has submitted an updated job application to the appropriate Human Resources Department and has requested to be placed on the layoff list.
• The vacancy is in the employee's current classification and the employee has passed probation in the classification.
• The vacancy is in the employee's applicable definition of layoff and provides the same salary. (Article 25, Section 3, A-D) Please note, the hiring department has no obligation to provide the same salary as the employee's current position. (Article 25, Section 7 D)
• The employee is qualified for the vacancy as determined by the employer and meets the measurable, job related selection criteria as applied by the department having the vacancy.
• If more than one employee is laid off at the same time, the position is offered in order of University Seniority.

Bump to a continuing position in the same Classification in the Employee's Department. If the employee does not accept a vacancy offered according to the conditions mentioned above, the employee loses the eligibility to bump. However the employee still has the right to be placed on the layoff list. If the employee was not offered a vacancy according to the above conditions, the employee may bump to the position occupied by the least senior employee according to the conditions listed below. (Article 25, Section 6. A) (Article 25, Section 11)

If such a position does not exist, the employee may choose to bump into a position in the same classification that provides less work time per Section 3, A-D. In this case the employee also must meet all of the above criteria that can apply to that position. Otherwise, the employee may exercise their next option.

If such a position does not exist, the employee may choose to bump into a position in the Collegiate/Administrative Unit and in the same classification that provides less work time per Section 3, A-D. In this case the employee also must meet all of the above conditions that are applicable. Otherwise, the employee may exercise their next option.

6Q. How does an employee get on the layoff list for Bargaining Unit 7?

6A. During the employee's layoff notice period, an employee who submits an updated application may request the appropriate Human Resources Department in writing to have their name placed on the layoff list. (Employees in the Twin Cities Campus Immediate Geographic Area should contact the Layoff List Coordinator, Office of Human Resources. The employee's name will be placed on the layoff list if: (a) the employee has passed an initial probationary period in a bargaining unit classification and after the receipt of a written notice of layoff; or (b) a notice of failure to pass probation after a bump and after exhausting or waiving bumping rights.

The employee's name will stay on the layoff list for two years. It is removed if the employee is returned to work within that time. (Article 5, Section 3A) (Article 25, Section 10)

7Q. Can a laid off employee who is laid off use seniority gained in another Collegiate/Administrative Unit for bumping in their current unit?

7A. Yes. Bumping rights are based on University seniority. University seniority includes all service at the University in continuing and temporary positions. (Article 24, Section 1) (Article 25, Section 6) (Article 7, Section 6, par 4)

8Q. Does an employee have the right to bump an employee in a lower level classification?

8A. Laid off employees can bump to a position in a lower classification if they cannot bump to a position in their current classification and if they have passed probation in the lower classification. If the employee has no other bumping rights, the employee can bump into a position in a formerly held classification, or to a position in a formerly held classification which provides less work time than their applicable definition of layoff, and the employee has more University Seniority than its incumbent. (Article 25, Section 6)

9Q. If an employee receives a written layoff notice, when can the employee go on the layoff list?

9A. The employee can go on the layoff list at any time after receiving a written layoff notice, provided the employee does not participate in the Layoff/Non-Renewal Program. During their layoff notice period, the laid off employee has first priority to vacant positions in their current classification, applicable definition of layoff, and immediate geographic area. (Article 25, Sections 8 and 10)

10Q. What are the rights of a laid off employee while on the layoff list?

10A. The laid off employee has the right to be recalled when a vacancy occurs in their former department, classification, and applicable definition of layoff provided the employee is qualified and meets the selection criteria for the vacant position.

Employees are rehired from the layoff list in order of University Seniority accrued in the Bargaining Unit 7, ahead of all other applicants (except recalled employees), within their previously held classifications and applicable definition of layoff provided the employee is qualified and meets the measurable job-related selection criteria for the vacant position. (Article 25, Sections 9 and 10)

11Q. Does an employee have to take every position offered to remain on the layoff list?

11A. The employee must accept a recall to their former department and classification, if they are to remain eligible for the layoff list. The employee may refuse the first two offers to other positions in the same classification, Immediate Geographic Area, applicable definition of layoff, and salary more than 90% of their salary at the time of layoff. The employee must accept the third or be removed from the layoff list. Any refusal of suitable employment may affect the employee's eligibility for Unemployment Compensation. (Article 25, Section 9) (Article 25, Section 10, paragraph 2)

12Q. What happens to an employee's vacation and sick leave balances if they are laid off?

12A. The employee will be paid out for the unused vacation balance at the time of layoff. If the employee is rehired within three years into a position which meets the criteria for vacation, their vacation accumulation rate, and their unused sick leave will be restored. They will be eligible to use vacation immediately as accrued.

If the employee is rehired from the layoff list, they will have the option to buy back the vacation that was paid out at the time of layoff. If the employee chooses this option, they must buy back their entire amount of vacation time that was paid out at the time of layoff.

A record of the employee's unused sick leave balance is maintained and is automatically reinstated if the employee is rehired within three years into a position which meets the criteria for sick leave eligibility. (Article 24, Sections 4 and 5) (Article 16)

13Q. Does a laid off Civil Service employee who has passed probation on the Civil Service position have rights to a BU 7 vacancy or position in a previously held BU 7 classification?

13A. A Civil Service employee retains rights in their previously held BU 7 classifications if they have passed probation in a BU 7 classification, and did not have a break in service between their BU 7 position and their Civil Service position. However, the employee must first exhaust their layoff rights in Civil Service, up to but not including their placement on their bargaining unit's layoff list.

If the employee is covered by the Civil Service Rules, any laid off employee who has passed their probationary period and chooses not to exercise their bumping rights may be placed on the layoff list. So, if the employee declines to bump in their Civil Service classification, they in effect have immediate layoff rights in BU 7.

The laid off employee's first layoff right in BU 7 is to a vacancy in a previously held BU 7 classification in which the employee has passed probation. This right applies only within the applicable terms and conditions of the employee's position at the time of layoff. The right is to a vacancy in BU 7 that the Employer determines the employee is qualified, in inverse order in which the BU 7 classifications the employee held, provided there are no applicants for the vacancy from BU 7.

If a vacancy is not available, the employee may bump into the position held by the BU 7 employee with the least classification seniority in a former classification held by the laid off employee in which probation was passed and the laid off employee has more classification seniority than the BU 7 employee to be bumped. The position must be in the same department or Collegiate/Administrative Unit from which the layoff occurred.

If neither a vacancy nor a position to bump is available in BU 7, the employee's name is placed on the layoff list for the bargaining unit in which the layoff occurred. (Article 25, Section 12)

14Q. If a former employee from BU 7 is on the lay off list and takes a position in a lower classification or a definition of layoff that provides less work time, does the employee loose the right to return to the Civil Service lay off list if the position ends or if the employee fails probation?

14A. The employee who takes a position in a lower classification or a definition of layoff that provides less work time remains on the layoff list not to exceed one (1) year from the date their name was put on the list, or two (2) years if outside the seven county metropolitan area, so they can be offered vacancies in the same classification and Collegiate/Administrative Unit from which they were laid off. (Article 25, Section 10) (Article 25, Section 3 A-D)

15Q. An employee is given a laid off notice. No vacancy exists in the employee's classification and layoff condition, so the employee decides to bump to the position held by the least senior employee. Before the bump is consummated, still during the notice period, a vacancy is posted. Must the laid off employee cancel the bump and take the vacancy?

15A. The employee's decision was made from the best information available. Once made, the employee may no longer exercise rights to a vacancy. (Article 5, Section 3 A) (Article 25, Section 7 D)

16Q. If an employee is not qualified to bump the employee with the least University Seniority in their classification, department, or Immediate Geographic Area, can they bump the next least senior?

16A. No. If the employee is not qualified for the position held by the least senior employee in their classification and their department, they must go to their next layoff option. Their next layoff option is to the position of the least senior employee in their classification in the Collegiate/Administrative Unit.

Article 28, Worker's Compensation

1Q. Does an employee earn seniority if placed on the job transfer list while on Workers' Compensation to assist in finding a position the employee can perform?

1A. An employee on leave of absence while on Workers' Compensation accrues seniority. (Article 18, Section 1) A former employee who is on the layoff list and is receiving Workers Compensation, but not on a leave of absence does not accrue seniority. Article 24, Sections 4 and 5)

2Q. Should a union steward be present in meetings with the employee and QRC regarding Workers' Compensation, accommodations needed, etc. ?

2A. A supervisor may decide if the steward should attend. Stewards are not automatically invited to attend. (Article 31, Section 2)

Memorandum of Understanding Union Activist/Supervisor Orientation

1Q. Who may attend the Union Activist/Supervisor Orientation meetings?

1A. These meetings promote understanding between the supervisor and the Union Activist regarding accommodations that might be needed by the Union Activist for Union activities, and the obligations of the Union Activist toward their University position. The contract provides for attendance at these meetings by the supervisor, the Union Activist, the appropriate Human Resources Department Representative, and a Union Representative. However, these meetings have been more open and others have been allowed to attend. (M. O. U. on Union Activist/Supervisor Orientation)

April 23, 1997

Administrative Interpretations for language in BU 7 that differs substantially from the equivalent language in BU 6

Article 5, Recruitment and Employment

3QIs a department having a vacancy in a BU 7 classification required to interview each applicant for the position who has been referred to the vacancy by the appropriate Human Resources Staffing Consultant?

3A. The department may screen the applications of the persons referred to the vacancy according to the measurable, job related selection criteria and may interview only those applicants who appear to meet the requirements of the position most closely. However, the department must offer interviews to the two employees from BU 7 who have applied for the vacancy within seven (7) calendar days of its posting, meet the measurable, job related selection criteria, and have the most University seniority among those who have applied for the vacancy. (Article 5, Section 4. A. ) (Article 24, Section 3)

Article 14, Reporting, Call In Time, On-Call Time

(This Article of the BU 7 contract has clear and concise language and does not require written interpretation. )

Article 19, Salary

1Q. What is the progression date for an employee in BU 7.

1A. Each employee in a BU 7 classification is eligible for a step increase on October 1 of each year, provided the employee has served one year in the bargaining unit and has not reached the maximum salary rate for the pay range. An employee who served at least on year in the bargaining unit and was laid off retains eligibility for a step increase upon their rehire from the layoff list. An employee who served less than one year in the bargaining unit and was laid off retains their credit toward the next step increase for the time worked before the break in service. (Article 19, Section 4. )

Article 24, Seniority

1Q. What is the employee's seniority upon reinstatement?

1A. A former employee's seniority is reinstated whenever the employee returns to a position in BU 7 within three (3) years of their termination. Their seniority will appear on the next seniority roster. If the employing department must know the employee's seniority before that (as may occur if the employee is not serving a probationary period and the department has a layoff), a seniority report can be provided by the Office of Human Resources. (Article 7, Section 4, C and D) (Article 24, Section 4) (Article 24, Section 6)

Article 25, Layoff and Recall

1Q. What are the layoff rights of an employee who has a continuing position in BU 7 and is laid off?

1A. Before the actual layoff occurs the department and the employee should consider alternatives to layoff, including reassignment, voluntary reduction in appointment, Layoff/Non-Renewal program, and vacancy preference. The employee's options upon layoff are listed in order below.

• The Layoff/Non-Renewal Program. The employee being laid off, is eligible for the layoff/Non-Renewal program. Their layoff rights are not diminished if they decline to take the Layoff/Non-Renewal program. ( Memorandum of understanding on Alternatives to Layoff )
• Vacancy Preference. If the employee being laid off does not take the layoff/Non-Renewal program as provided in the Memorandum of Understanding on Alternatives to Layoff, the employee has preference to vacancies in continuing positions in their Immediate Geographic Area according to the conditions listed below. (Article 5 , Section 3a)
• • The employee has submitted an updated job application to the appropriate Human Resources Department and has requested to be placed on the layoff list.
  • The vacancy is in the employee's current classification and the employee has passed probation in the classification;
  • The vacancy is in the employee's applicable definition of layoff and provides the same salary. (Article 25 , Section 3, A-D). Please note, the hiring department has no obligation to provide the same salary as the employee's current position. (Article 25 ,Section 7 D)
  • The employee is qualified for the vacancy as determined by the employer and meets the measurable, job related selection criteria as applied by the department having the vacancy.
  • If more than one employee is laid off at the same time, the position is offered in order of University Seniority
• Bump to a continuing position in the same Classification in the Department. If the employee does not accept a vacancy offered according to the conditions mentioned above, the employee loses the eligibility to bump. However the employee still has the right to be placed on the layoff list. If the employee was not offered a vacancy according to the above conditions, the employee may bump to the position occupied by the least senior employee according to the conditions listed below. (Article 25, Section 6. A. ) (Article 25, Section 11. )

If such a position does not exist, the employee may choose to bump into a position in the same classification that provides less work time per Section 3, A-D. In this case the employee also must meet all of the above criteria that can apply to that position. Otherwise, the employee may exercise their next option.

If such a position does not exist, the employee may choose to bump into a position in the Collegiate/Administrative Unit and in the same classification that provides less work time per Section 3, A-D. In this case the employee also must meet all of the above conditions that are applicable. Otherwise, the employee may exercise their next option.

• The position is in the same Collegiate/Administrative seniority unit and immediate geographic area as the employee's current position
• The position is within the employee's applicable definition of layoff that provides the same salary. (Article 25 ,Section 3, A-D).
• The employee is qualified for the position as determined by the employer.
• The employee's meets the measurable, job related selection criteria for the position.
• The employee has more University Seniority, than the employee holding the position.
• The employee shall have their salary cut by no more than ten percent, or the top of the new lower salary range whichever is lower.

If the employee does not meet all applicable conditions above, or declines to bump, or such a position does not exist, the employee may choose to bump into a position in the lower classification that provides less work time per Section 3, A-D.

If the laid off employee has passed probation in a BU 7 classification and cannot or chooses not to take an alternative to layoff, or a vacancy, or to exercise their bumping right, the employee has a right to the layoff list for two years, or three years if outside the seven county metropolitan area, or until the employee has returned to work at the University within their definition of layoff per Section 3 A-D, within that time, Internal manual, BU 6

Article 12, Hours of Work

2Q. The Union has requested a meeting do discuss ongoing issues involving sign language translators. This is the second request this quarter. Is the department required to meet the Union staff representatives and the two employee representatives.

2A. The meeting should be held. It is an opportunity for the department gain understanding of the issues of employee concern from the employees' perspective and to communicate the department's legitimate business reasons for its action. No more than two Translators should attend these meeting, and participating employees are on unpaid time. (Article 7, Section 7. C. )

4/23/97

John,

After hearing the HRMS update, I have two questions.

1. The overall guiding principle of the HRMS project is to, "simplify". I wonder if the project people know and are providing for the subtle differences in similar programs, from bargaining unit to bargaining unit, because we negotiate with each represented bargaining by separate and independent negotiations. Some examples are listed below.

Vacation leave

• BU 3 - Vacation accumulated as minutes per hour worked. Vacation anniversary dates are unimportant. No mention of what occurs if an employee works less than 75% time during any month. Vacation paid after 1044 hours.
• BU 6 & 7 - Vacation accumulated as minutes per hour worked if on biweekly payroll with no extra accrual on the anniversary date. Accrual occurs at the beginning the payroll period following eligibility. Or if on regular payroll, on a days per month basis,with an extra month's worth accrued at the vacation anniversary date, accrued on the beginning of the calendar month after eligibility. Must work 75% of the month to be eligible. After 3 years, eligible on a pro-rated basis.

A promotion occurs when an employee moves from one BU 7 position to another having a classification with a higher pay range, or when an employee moves from a position outside BU 7 to a position within BU7 that has at least a 4% higher pay range, when the respective pay ranges are compared at their mid points. A promotion can occur if an employee applies for and is hired for a higher level position or when an employee's position is reclassified. The normal starting salary for a promoted employee is the nearest step of the salary range of the new classification that provides at least a four percent (4%) salary increase. Promotional increases may be greater than 4% when in conformance with University policy. Starting salaries greater than the beginning of the pay range, or promotional increases greater than 4% are possible upon approval of the appropriate responsible administrator or their designee. Requests by hiring authorities to pay an employee at a higher salary must be documented using the following points of consideration.

• The salaries of employees supervising or giving work direction to the employee;
• The employee's salary relative to salaries paid similarly qualified, or experienced employees in comparable positions within the department or collegiate/administrative unit;
• The employee's current or previous salary;
• The timing of anticipated salary adjustments;
• The performance record of the employee on previous positions.

A transfer occurs when an employee moves from one BU 7 position to another having a classification with the same pay range, or when an employee moves from a position outside BU 7 to a position within BU7 that has a pay range within 4% of their former pay range, when the respective pay ranges are compared at their mid points. A transfer occurs if the employee applies for and is hired for an equivalent level position or when an employee's position is reclassified.  Employees who take transfers must be paid within the pay range.

A demotion occurs when an employee moves from one BU 7 position to another having a classification with a lower pay range, or when an employee moves from a position outside BU 7 to a position within BU7 that has a pay range 4% or more lower than their former pay range, when the respective pay ranges are compared at their mid points. A transfer occurs if the employee applies for and is hired for a lower level position, is laid off and bumps to a lower level position in formerly held classification or when an employee's position is reclassified. An employee who is demoted has their salary cut by no more than 10% or the top of the new lower pay range, whichever is lower.

An employee is promoted by moving from one BU 7 classification to another that is assigned a higher salary range. A promotion within BU 7 can occurs if the employee is hired for a vacancy in a classification with a higher salary rate or if their position is reclassified. The employee must receive a salary increase at least to the nearest higher step of the new pay range that provides at least a four percent (4%) increase. The hiring authority may request to pay the promoted employee at a higher salary step by documenting a request and receiving approval outlined above.

A promotion also occurs if the employee moves to a position in BU 7 from a position in another bargaining unit. This occurs whenever the salary range of the position in BU 7 exceeds the salary range of the employee's position in the other bargaining unit by four percent (4%) or more when compared at their midpoints. The employee can receive such a promotion by being hired for a vacancy in BU 7, or by having their position reclassified to a BU 7 classification. The promoted employee must receive a salary increase to the nearest step in the new salary range that provides a salary increase of at least four percent (4%). The hiring authority may pay the promoted employee at a higher salary rate by documenting a request and receiving approval, as outlined above.

A demotion is a change from one BU 7 classification to another that has a lower salary range. If demoted, the employee may not receive a salary increase and must be paid on a step within the new lower salary range. If the employee voluntarily accepts a demotion, by being hired on a vacancy, or by requesting a reclassification that results in a lower classification. The employee's new salary shall reflect what the department feels is appropriate based on the employee's qualifications and experience. If the employee is demoted involuntarily, the employee may not have their salary cut any more than ten percent (10%) or the top of the new lower pay range, whichever is lower. A demotion also can occur if the employee moves to a position in BU 7 from a position from another bargaining unit that has a higher salary range. This occurs whenever the salary range of the position in BU 7 is less than the salary range of the position in the other bargaining by four percent (4%) or more when compared at their midpoints. If demoted, the employee may not receive a salary increase and must be paid on a step within the new lower salary range. The employee can receive this type of demotion by applying for and being hired on a lower level classification in BU 7, or requesting a reclassification that results in a lower classification. If an employee is demoted from a position in another bargaining unit to a position in BU 7, the employee's new salary will reflect what the department feels is appropriate based on the employee's qualifications and experience.

A transfer is a move from one position in BU 7 to another in the same classification or salary range. The employee can transfer by applying for a vacancy, by a layoff and bump, or by reclassification of their position. The employee must be paid a salary rate that coincides with a step in the pay range of the new classification. If possible, the employee's salary is maintained on a transfer, but it may be raised slightly to place it on a step of the salary range. If the transfer is the result of a layoff and bump within the same department, the salary of the bumping employee before the layoff is maintained. If the bump is to a position in the Collegiate/Administrative Unit and the receiving department is limited on funds, the bumping employee shall receive at least the salary of the bumped employee.

A transfer also is a change from a position in another bargaining unit to a position in BU 7 whereby the salary ranges of the respective classifications are within four percent (4%) of each other when compared at their midpoints. The employee must be paid a salary rate that coincides with a step in the pay range of the BU 7 classification. The department having the new position shall attempt to maintain the employee's salary on the transfer, and it may be raised slightly to place it on a step of the salary range. However, if the department only has funds for a lesser salary, it is permissible to offer the transferring employee that lesser amount. (Article 19, Sections 1,2 and 3)