It is the purpose of this agreement to carry out the policy of the Board of Governors for Higher Education by encouraging a more harmonious and cooperative relationship between the Board and its employees by providing for procedures which will facilitate free and frequent communication between the Administration and its employees.
By means of this agreement, therefore, the signatories hereto bind themselves to maintain and improve the present high standards of service to the Board of Governors for Higher Education and agree further that sound labor-management relations are essential to carry out this end.
MEMORANDUM OF AGREEMENT
In this agreement entered into this 1st day of July, 2004, between the Rhode Island Board of Governors for Higher Education and the University of Rhode Island Professional/Technical/Administrative Association, Rhode Island Council 94, the parties hereby agree as follows:
For the purpose of this contract, the term Board shall mean the Board of Governors for Higher Education, the term Administration shall mean the University of Rhode Island, and the term Union shall mean the University of Rhode Island Professional/Technical/Administrative Association (Rhode Island Council 94, AFSCME, AFL-CIO).
1.1 The Board hereby recognizes the Union as the sole and exclusive bargaining agent for all employees within the bargaining unit, said bargaining unit to consist of those classes of positions declared appropriate by the State Labor Relations Board. As a result of the petition submitted by the Union in case number EE-2048 a listing of the above mentioned classes of positions appears in Appendix B.
1.2 The Board agrees that no employee shall be discriminated against, intimidated, or coerced in the exercise of his right to bargain collectively through the Union, or on account of his membership in or activities on behalf of the Union.
The Union recognizes that except as specifically limited, abridged, or relinquished by the terms and provisions of this agreement, all right to manage, direct, or supervise the operations of the Board and the employees are vested solely in the Board.
2.1 For example, but not limited thereto, the employer shall have the exclusive rights subject to the provisions of this agreement and consistent with applicable laws and regulations:
2.1.1 To direct employees in the performance of official duties;
2.1.2 To hire, promote, transfer, assign, and retain employees in positions within the bargaining unit and to suspend, demote, discharge, or take other disciplinary action against such employees;
2.1.3 To maintain the efficiency of the operations entrusted to it;
2.1.4 To determine the methods, means, and personnel by which such operations are to be conducted;
2.1.5 To relieve employees from duties because of lack of work or for other legitimate reasons;
2.1.6 To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.
3.1 Designated Union members and/or officers shall be granted reasonable time with pay during working hours to investigate and seek to settle grievances and to participate in hearings and meetings with the Administration or Labor Relations Board on contract negotiations and contract administration. Such time shall be with the approval of the appropriate supervisor involved, and such approval shall not be unreasonably withheld.
3.2 No Union steward, committee member, or representative shall be discriminated against as a result of the performance of legitimate Union business.
3.3 Union representatives shall be permitted to visit Union officers and committee members on Board/Administration premises for the purpose of discussing Union business. Such visits should not interfere with the normal conduct of University business.
3.4 The Union shall furnish the Board/Administration with a written list of its officers immediately after their designation and shall promptly notify the Board/Administration of any change in such officers.
3.5 The Union shall have the right to use the University’s Central Mail systems for communications, including mass distribution, with the approval of the University Personnel Office.
3.6 The Board recognizes the Union’s right to have access to information relative to budget requests and authorization and staffing projections as it affects the members of the bargaining unit, to register of personnel, names and addresses, and salaries and steps of all employees in the bargaining unit, and to agenda and minutes of all open Board of Governors meetings.
3.7 Where possible, the Administration shall advise the Union on new or modified long-range institutional planning as it affects bargaining unit personnel.
3.8 In the case of reorganization, the University shall discuss with the Union the pending reorganization at least twenty (20) working days prior to its implementation.
3.9 The President of the University shall meet with the President of the Union when either feels it necessary to meet at the mutual convenience of both parties.
3.10 The Union shall be allowed to rent space similar to that rented by other Campus Unions.
3.11 The Administration commits itself to making appointments to University Committees in a manner to insure full participation by non-classified, Administrative Staff in the University Community. The President may appoint a member of the bargaining unit with prior notice to the Union President to any committee.
4.1 The Board and the Union agree not to discriminate in any way against employees covered by this agreement on account of race, religion, creed, color, national origin, ancestral origin, association, sex, age, disability, marital status, or sexual orientation.
4.2 All references to employees in this agreement designate both sexes, and wherever the male gender is used it shall be construed to include male and female employees.
4.3 The Union shall not discriminate against, interfere with, restrain or coerce an employee from exercising the right not to join the Union and will not discriminate against the employee in the administration of this agreement because of non-membership in the Union.
4.4 The Union accepts its responsibility as exclusive representative and agrees to represent all employees in the bargaining unit without discrimination.
4.5 The Board shall not discriminate against, interfere with, restrain, or coerce an employee who exercises the right to join the Union and participate in Union activity.
DUES DEDUCTIONS – AGENCY SHOP
5.1 Membership in any employee organization may be determined by each individual employee; provided, however, that if the employees have selected an exclusive bargaining representative organization all non-members of the exclusive representative organization shall pay to the exclusive organization a service charge as contribution toward the negotiation and administration of any collective bargaining agreement in an amount equal to the regular bi-weekly membership dues of said organization.
5.2 The State Controller shall, upon certification of the exclusive organization, deduct bi-weekly from said employee’s salary said above amount and remit the same to the Treasurer of the exclusive bargaining organization.
5.3 The State Controller shall also deduct Union Dues from the wages of those members who have authorized the State to do so in writing and shall forward promptly to the Treasurer of the Union a check representing the amount so deducted.
The Board/Administration agrees to provide reasonable space where notices may be posted on bulletin boards for use by the Union.
POSTING AND FILLING OF NEW AND VACANT POSITIONS
7.1 All new and vacant positions within the bargaining unit shall be posted on the Union bulletin boards and on a central bulletin board in the Personnel Office for a period of ten (10) work days.
7.2 Postings shall include pay grade, duties, qualifications, responsibilities, and nature of funding (temporary, limited period, permanent) and the bargaining unit within which the position falls. If the position does not fall within any bargaining unit, it shall be so stated in said posting and job specifications.
7.3 All vacancies shall be filled in compliance with the Board of Governors for Higher Education Affirmative Action Policy.
7.4 Whenever a change is made to the title or job description of a vacant and/or newly created position after it has been posted and before it has been filled, in accordance with 7.1 above, all applicants from the bargaining unit shall be notified of the change and be given an opportunity to amend their applications or re-apply. Such change shall require that the position be reposted according to 7.1 above.
7.5 In the event a member of the bargaining unit is selected to fill a vacant position of a higher pay grade, as the result of a competitive search approved by the Affirmative Action Office, the starting salary shall be determined by the Vice President/Provost, subject to the approval by the President. In no event will the salary increase be less than 5% above his/her current base rate or exceed the maximum of the higher pay grade.
7.6 In the event a position is upgraded to a higher classification within the bargaining unit through the Personnel Review Committee, the employee shall receive the base rate of the higher classification, or 10% above his/her base rate whichever is greater. In no event will the salary amount exceed the maximum of the higher pay grade.
EMPLOYEE COMPENSATION IN A DIFFERENT CLASSIFICATION
8.1 In the event an employee is required to fill a position in a higher classification on an interim basis, said employee shall receive the base rate of said different classification, or 10% above his current rate, whichever is greater, while serving in said position if the interim period extends beyond thirty (30) working days. The additional compensation shall be retroactive to the day the employee began filling the position in the higher classification. This article shall not apply to vacation replacements.
8.2 Upon the employee’s return to the position held prior to the interim assignment, salary currently in effect for said employee position shall be resumed.
DISCIPLINE AND DISCHARGE
Disciplinary action may be imposed upon an employee only for just cause. Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure as specified in Article XVII.
9.1 If the Administration 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. Initial minor infractions, irregularities, or deficiencies shall be privately brought to the attention of the employee. Each employee shall have access to his personnel record as specified in Article X.
9.2 Where appropriate, disciplinary action or measures shall include only the following:
A. Oral reprimand
B. Written reprimand
E. Demotion where appropriate
9.3 When disciplinary action other than an oral reprimand is to be implemented, the Administration shall notify the employee and the Union in writing of the specific reasons for such action.
9.4 The Administration shall not discharge or suspend an employee without just cause. Within two weeks of such suspension or discharge, the Union may file a grievance as set forth in Article XVII.
9.5 In the case of demotion the Administration shall give the employee and the Union written notice of its intention to affect the demotion not less than fifteen (15) days before the date it is intended to become effective.
9.6 In the event that an employee is dismissed, demoted or suspended under this section and such employee appeals such action and his appeal is sustained, he shall be restored to his former position and compensated at his regular rate for time lost during the period of such dismissal, demotion or suspension.
9.7 An employee may be granted a demotion upon request, when recommended by his appointing authority.
10.1 The University shall maintain one (1) personnel file for each employee.
10.2 The Official Personnel File shall include:
10.2.1 Personnel information.
10.2.2 Information relating to the employee’s academic and professional accomplishment submitted by the employee or placed in the file on his request.
10.2.3 Records generated by the University.
10.2.4 All observation reports and evaluation of the employee’s professional performance.
10.2.5 Memoranda of discussions between the employee and his department chair, director or supervisor relating to evaluations of the employee’s professional performance.
10.3 The employee shall have the right to examine his Official Personnel File at any time during normal business hours and to file a statement in response to any item placed in the file, provided, however, any letters of recommendation solicited in connection with his employment shall not be available to that employee or his representative.
10.4 No anonymous material shall be placed in an employee’s Official Personnel File.
10.5 An employee may request copies of materials contained in his Official Personnel File.
10.6 Copies of materials in an employee’s Official Personnel File shall be permitted for official University purposes, for use at formal proceedings of grievance reviews, or for the express use of the individual employee, but shall not be permitted for any other purpose. Only materials in the Official Personnel File or related documents may be used against the employee at any time in any manner.
10.7 No other file shall be maintained for official purposes.
10.8 Civil Service materials shall be filed in the Official Personnel File.
10.9 All employees shall be evaluated periodically, but not less than once every two (2) years. A written statement of evaluation shall be placed in the employee’s official personnel file. A copy of the evaluation shall be given to the employee. The employee shall read, date and sign the evaluation and it shall be placed in the employee’s official personnel file. In addition, the employee may comment in writing; said comments shall be attached to the evaluation. Employees shall be offered constructive criticism, and specific areas of improvement shall be noted, if appropriate.
10.10 No formal evaluation shall be based on anonymous, erroneous or unsubstantiated material.
10.11 Personnel Files – During the life of the Agreement, personnel files will be updated to include current job descriptions. All employees shall receive copies of their job descriptions, and copies will be forwarded to the union.
HOURS OF WORK, SALARY RANGES, AND WORKING CONDITIONS
11.1 There are established six (6) basic work weeks as follows:
11.1.1 A thirty-five (35) hour work week (five consecutive seven (7) hour days, Monday through Friday);
11.1.2 A non-standard week (five (5) consecutive days of at least seven (7) hours each, to total no more than thirty-five (35) hours, normally Monday through Friday);
11.1.3 A non-scheduled work week (a total of no more than thirty-five (35) hours in seven (7) consecutive days).
11.1.4 A forty (40) hour work week [five consecutive eight (8) hour days, Monday through Friday].
11.1.5 A non-standard week [five (5) days of at least eight (8) hours each, to total no more than forty (40) hours, normally Monday through Friday].
11.1.6 A non-scheduled work week [a total of no more than forty (40) hours in seven (7) consecutive days].
11.2 It is agreed that the work schedule shall be on a calendar year basis (12 months) or on an academic year basis as set forth in the attached Memorandum of Agreement.
11.3 Breaks and meal periods
11.3.1 All employees shall be granted a fifteen (15) minute break with pay during the first half and the second half of their work day, provided there is no disruption to the operation of the University.
11.3.2 All employees shall be granted a meal period without pay of not less than one-half hour duration, nor more than one hour duration during each work day to be determined by the work schedule that applies and the immediate supervisors.
11.4 It is recognized that there are now in existence work schedules peculiar to certain classes of positions and such exceptions shall remain in full force and effect. In the event it becomes necessary to change the scheduled work hours. as detailed in section 11.1, the board and the Union shall make every effort to agree mutually on the hours for such schedules, and fix hours subject to the grievance and arbitration provisions of the contract.
11.5 Working conditions
11.5.1 The University shall make an effort to provide affected employees with all necessary safety equipment.
12.1 Retirement - All employees in the bargaining unit who work twenty (20) hours per week or more are required to participate in the Teachers Insurance and Annuity Association and the College Retirement Equities Fund (TIAA-CREF), VALIC, or MetLife annuity programs after completion of two (2) years of employment and attainment of age thirty (30). Employees who are members of the Rhode Island Employees Retirement System (ERS) at the time of employment at the University may elect to remain in the Employee Retirement System.
12.2 Tax Deferred Annuity Program - All employees in the bargaining unit who work twenty (20) hours per week or more are permitted to request that a portion of their salary be allocated for the purpose of annuities, subject to rules and regulations of the State of Rhode Island and Internal Revenue codes.
12.2.1 Employees within this bargaining unit who work twenty (20) hours per week or more are permitted to request that a portion of their salary be allocated for the purpose of annuities, subject to rules and regulations of the State ofRhode Island and Internal Revenue codes subject to approval of the State Controller.
12.3 Disability Insurance - All employees in the bargaining unit who work twenty (20) hours per week or more and who have one (1) year of continuous service at the University and who are members of TIAA-CREF or who will be eligible for membership in the future are covered by disability benefits.
12.3.1 Also covered are ERS employees with one year of service at the University and who have less than five (5) years of service in ERS.
12.3.2 Employees with five (5) years of membership in ERS are eligible for total disability benefits under that program and are not eligible under TIAA-CREF disability insurance.
12.4 Group Life Insurance - It is agreed that all employees shall be eligible to participate in the State Employees Group Life Insurance Program as established by 36-12-6 of the General Laws of 1956, as amended.
12.4.1 The following provisions of the Insurance Program are set forth herein:
(A) Each new employee will be automatically covered unless such employee designates in writing that he desires not to be insured.
(B) Each covered employee will be provided with an amount of Group Life Insurance equal to the amount of his annual compensation taken to the next higher multiple of one thousand ($1,000.00) dollars plus an equal amount of Group Accidental Death Insurance with dismemberment coverage.
(C) Each such amounts of insurance will be reduced by two percent (2%) thereof at the end of each calendar month following the date the employee attains the age of sixty-five (65) years until the amount of such insurance reaches twenty-five per cent of the coverage in force immediately prior to the employee’s sixty-fifth birthday.
(D) The cost to the employee of such insurance shall not exceed the rate of twenty-five cents ($0.25) bi-weekly for each one thousand dollars ($1,000.00) of his Group Life Insurance.
(E) Upon an Employee’s termination from State Service, the policy may be converted to an individual policy of Life Insurance at standard rates.
12.5 Health Benefits – Effective July 1, 2005 all employees will participate in premium sharing as a percentage of premium.
FY06 6.00% 8.00%
FY07 9.00% 11.00%
<$35,000 <$75,000 >$75,000
FY06 4.00% 6.00% 8.00%
FY07 6.00% 9.00% 11.00%
Effective July 1, 2006 there will be a ten percent (10%) cap on premium escalation. In addition, emergency room co-pays will increase from $25.00 to $30.00 and urgent care co-pays will increase from $10.00 to $15.00 on July 1, 2006.
12.6 Travel Reimbursement - Reimbursement for travel expenses shall be made in accordance with regulations of the State of Rhode Island after approval has been granted by the appropriate Vice President or designee. Required use of a person’s vehicle in accordance with existing travel regulations shall be reimbursed at the prevailing state rate.
12.7 Tuition Waiver - General fees or course charges for all full-time employees may be waived when they undertake a regular study program at the University. Spouses and children of full-time employees who are not full-time students may be registered, with the approval of the Registrar, for no more than three (3) courses up to and including 11 credits in any one semester for undergraduate work and no more than two courses up to and including 8 credits in any one semester for graduate work.
12.7.1 Spouses and children of full-time employees, enrolled full-time or part-time in the University, degree or non-degree candidates, shall pay all regular University fees except the General Fee. Children eligible are those who are unmarried and under age 21 at the time of original registration and who remain continuously registered.
12.7.2 General fees or course charges may be waived for all full-time employees, their spouses, and their children when they undertake a regular program of study at the undergraduate level at any post-secondary institution in the Board of Governors’ system other than the University.
SENIORITY AND LAYOFFS
13.1 It is hereby agreed that the parties hereto recognize and accept the principle of seniority.
13.1.1 Seniority by Department is defined as the employee’s date of hire into the Department. The principle of seniority by Department shall apply in cases of days off, vacation time, holiday time, transfers and shift preference.
13.1.2 Seniority by University shall be defined as the employee’s date of hire by the University unless seniority has been broken. The principle of seniority by University shall apply to layoffs and recalls, provided, however, that the employee is qualified and able to do the work in accordance with position specifications. In the event of recall the order of layoff described above shall be reversed provided that the employee is qualified and able to do the work in accordance with position specifications.
13.1.3. The Administration shall prepare and forward to the Secretary of the Union a Seniority List of employees by class of positions on a Departmental and University wide basis. The Administration shall notify the Union bi-monthly of member additions and deletions. Revised lists shall be furnished to the Union every six (6) months.
13.1.4 Seniority shall be retained but not accrued during all leaves without pay.
Seniority shall be retained and accrued during all paid leaves of absence.
Seniority shall be retained when Departments are reorganized and/or Department titles are changed.
Seniority shall be retained when job titles are changed.
13.2 Seniority – Probationary Employees - New employees shall be considered as probationary employees for the first twelve (12) months of their continuous employment and shall serve at the pleasure of the President of the University. There shall be seniority among probationary employees.
13.2.1 The Union shall represent probationary employees for the purpose of collective bargaining, except when a probationary employee is discharged.
13.3 Loss of Seniority - An employee shall lose his seniority for the following reasons:
13.3.2 Termination not reversed through grievance procedure
13.3.4 When an employee fails to notify the Departmental Director or appropriate supervisor of his absence from work within three (3) working days unless extenuating circumstances prohibit said notice.
13.3.5 Failure to return to work within ten (10) working days after recall from lay-off
13.3.6 When an employee is laid off in excess of two (2) consecutive years
13.3.7 When an employee fails to renew a leave of absence
13.3.8 When an employee engages in other work without authorization while on a leave of absence.
13.4 Lay-off - University-wide seniority for layoffs shall be utilized as follows:
13.4.1 First, within a current class of position, or,
13.4.2 Second, if the above is not available, the employee may bump into any other position. Any other position shall be defined as any position previously held for a period of at least ninety (90) days.
13.4.3 Layoffs for the purposes of this section shall be defined to include retrenchment, reduction-in-force, subcontracting, and position abolishment.
13.4.4 The employee’s bumping rights defined in 13.4.1 and 13.4.2 above will be restricted to the least senior person in the classification affected.
13.4.5 If an employee whose position is State funded is unable to exercise seniority under sections 13.4.1 or 13.4.2, he/she may if determined to be qualified by the Assistant Vice President for Human Resource Administration, bump into one of the following positions, if said position is also State funded:
1. The position occupied by the bargaining unit employee with the least seniority in the same pay grade.
2. The position occupied by the bargaining unit employee with the least seniority in a lower pay grade.
13.4.6 Any employee asserting his/her seniority under Article 13.4.5 must be determined by the Assistant Vice President for Human Resource Administration to possess the qualifications, ability, and training or equivalent experience to perform the work of the position. The determinations of the Assistant Vice President for Human Resource Administration as to an employee’s ability to utilize the provisions of 13.4.5 shall be final and not grievable.
13.4.7 When an employee is separated under this article he shall receive full pay for all annual leave and compensatory time accrued to the date of lay-off.
Application of this provision shall not affect the employee’s right to recall.
13.5 Notification - The employee shall be notified in writing at least 30 calendar days prior to separation under this article, setting forth the specific reasons for the separation, and a copy of the notification shall be furnished at the same time to the Union.
13.6 Prior to separation under of any employee under this article, the Board shall make every reasonable effort to place the employee in another existing funded vacancy within the University for which the employee possesses the specific qualifications, ability, and training necessary to perform the available work in accordance with position specifications. This shall not be construed to encroach upon any other bargaining unit.
13.7 Any employee who has been separated under this article shall have his name placed on an appropriate re-employment list for two (2) years from date of separation. Seniority shall be retained to such employees while on said re-employment list.
13.8 The principle of seniority shall not apply to limited period positions supported by research grant funds, federal funds, or other such funds, when said funds are no longer available or have been reduced. However, such employees shall have their names placed on a priority re-employment list by date of hire, provided that they are capable and qualified to do the work in accordance with position specifications for recall, should said funds be restored.
13.9 Recall will be in reverse order provided the greater seniority employee possesses the specific qualifications, ability, and training necessary to perform the available work in accordance with position specifications.
OVERTIME, CALL IN TIME, AND SEA PAY
14.1.1 It is agreed that when it becomes necessary for the efficient conduct of the business of the University, an immediate supervisor may direct or authorize overtime work.
14.1.2 Overtime shall be defined as the required performance of work within an employee’s classification in excess of the established work week.
14.1.3 Time and one-half shall be paid for work performed in excess of 40 hours in a work week and compensatory time at the rate of one (1) hour for each hour worked between 35 and 40 hours for employees who are covered by the Fair Labor Standards Act. That includes the following titles:
Administrative Assistant III
Administrative Secretary II
Lab Tech II
Marine Research Assistant II
Network Tech III
Network Tech II
Network Tech I
OIS Customer Service Rep
Research Assistant I
Research Assistant II
Research Assistant IV
Technician (Ice Rink)
Tech I (Lab Animal Care)
14.1.4 Whenever an employee is required to work on a holiday which falls on his regular scheduled work day, he shall be credited with the number of hours in his official work schedule for that day plus the number of hours actually worked at the rate of one and one-half times.
14.1.5 Overtime work shall be a matter of record and shall be distributed fairly and equitably among employees capable of performing the work, in their respective department and class of position based on seniority. A record of overtime shall be provided to the Union if needed to resolve a dispute.
14.1.6 Employees who do not receive paid overtime and who work in excess of thirty five (35) hours per week shall receive compensatory time, i.e., one hour for each hour worked. All employees shall expend earned compensatory time according to a schedule prescribed by the appropriate supervisor within 30 work days of when it is earned, or it shall be considered lost.
If, however, an employee is denied the opportunity to expend compensatory time throughout said 30 days, he/she may refer the matter to the Assistant Vice President for Human Resource Administration who shall within 15 days, at his sole discretion, either order the payment of the compensatory time which has accrued within the previous 30 day period or prescribe a schedule during which this compensatory time shall be expended, or a combination of both.
When the service of an employee is terminated by death, retirement or resignation, the employee or his/her estate shall receive full pay for any compensatory time earned by the employee during the last 30 days of employment.
14.1.7 Hours credited for holidays, sick leave, vacation, and compensable injury shall be considered as time worked for the purpose of computing overtime.
14.1.8 An employee offered overtime will be excused at his request provided authorized personnel are available and willing to meet the need, and shall not be offered it again until his name comes up again in the seniority rotation.
14.2 Call in Time
Eligible employees who are called in to report for emergency work after having left their place of employment and outside their regular scheduled work hours shall receive not less than four (4) hours pay at their overtime rate.
14.3 Sea Pay for Ship’s Technicians
14.3.1 Sea pay as defined below shall apply to Ship’s Technicians.
14.3.2 The normal work day for Ship’s Technicians shall consist of fifty-six (56) hours per calendar week while at sea. For said work between forty (40) hours and fifty-six (56) hours, said Ship’s Technician shall be paid at the rate of 1.5 times their normal hourly rate.
14.3.3 Hours worked between thirty-five (35) and forty (40) shall be compensated at straight time (1:1) one hour’s pay for each hour so worked.
14.3.4 “At sea” shall be defined as away from a Rhode Island port in support of sea-going research, whether it be on board a URI vessel or another vessel authorized for such use.
14.3.5 Only the University’s designated Ship’s Technician Supervisor may authorize overtime beyond the fifty-six (56) hour work week defined above. In the event said overtime is so authorized beyond fifty-six (56) hours, then said additional hours shall be subject to overtime pay at 1.5 time their normal hourly rate. An employee may elect to take said overtime worked above fifty-six (56) hours as time off with the approval of the Manager of Marine Technicians.
14.3.6 When Ship’s Technicians are not at sea they shall be subject to overtime and compensatory time as defined in this contract for non-sea going personnel.
14.3.7 All unit sea-going personnel will be considered “at sea” when traveling to and from the vessel. Eight (8) hours per day will be guaranteed for such travel and any overtime beyond eight (8) hours must be authorized in advance in writing when circumstances permit. If travel is via public conveyance, compensation will be limited to eight (8) hours per day.
14.4 Sea pay for other than Ship’s Technicians
14.4.1 Sea pay as defined below shall apply to those members of the bargaining unit who are at sea for a period of time in excess of fifteen (15) days per contract year.
14.4.2 The normal work day for all sea-going unit employees shall be eight (8) hours per day while at sea.
14.4.3 For said work day sea-going unit employees shall be paid at the rate of 1.5 times their normal hourly rate for hours worked beyond eight (8) hours.
14.4.4 Hours worked between seven (7) and eight (8) shall be compensated with compensatory time at the rate of one hour for each hour worked.
14.4.5 Only the immediate supervisor of the sea-going unit employees may authorize overtime beyond the eight (8) hour work day defined above. When circumstances permit, such authorization will be in advance and in writing.
14.4.6 Hours worked beyond eight (8) on weekends and holidays will be paid at the rate of one and one-half and can be authorized only by the employee’s immediate supervisor. Such authorization will be made in advance and in writing whenever circumstances permit.
14.4.7 When said employees are not at sea they shall be subject to the overtime provisions of this contract as herein defined.
14.4.8 “At sea” shall be defined as away from a Rhode Island port in support of sea-going research, whether it be on board a URI vessel or another vessel authorized for such use.
14.4.9 All unit sea-going personnel will be considered “at sea” when traveling to and from the vessel. Eight (8) hours per day will be guaranteed for such travel and any overtime beyond eight (8) hours must be authorized in advance in writing when circumstances permit. If travel is via public conveyance, compensation will be limited to eight (8) hours per day.
15.1 Sick Leave - Sick leaves with pay shall be granted to employees covered by this Agreement. Sick leave with pay is hereby defined to mean a necessary absence from duty due to illness, injury or exposure to a contagious disease and may include absence due to illness or death in the immediate family of the employee or necessary attendance upon a member of the immediate family who is ill.
15.1.1 Employees shall accrue four (4) hours of sick leave for each bi-weekly period of service.
15.1.2 When the total accumulation shall amount to 875 hours (125 days) for an employee assigned to a thirty-five (35) hour schedule or a 1000 (125 days) for an employee assigned to a forty (40) hour work schedule, no further credit shall accrue until the total shall have been reduced to less than the maximum.
When the service of an employee shall be terminated by retirement (mandatory, voluntary or involuntary), or death, such employee or their estate shall be entitled to receive full pay for each hour of sick leave to their credit as of the date of termination, according to the following formula:
A 35-hour a week employee shall be entitled to receive a full pay for 50% of all accrued sick leave over 390 hours, up to and including 630 hours and 75% pay for all accrued sick leave over 630 hours, up to and including 875 hours. A 40-hour a week employee shall be entitled to receive full pay for 50% of all accrued sick leave over 468 hours up to and including 720 hours and 75% pay for all sick leave over 720 hours, up to and including 1000 hours.
15.1.3 The Administration may require a physician’s certificate or other satisfactory evidence in support of any request for sick leave with pay, but must require a physician’s certificate or other satisfactory evidence for each sick leave with pay covering an absence of more than three (3) consecutive working days.
15.1.4 Sick leave will be allowable for death in the family. Family shall include wife, husband, child, mother, father, sister, brother, mother-in-law, father-in-law, grandparents, grandchildren, step-parents, step-children, and any person living in the employee’s household.
15.1.5 Whenever an employee shall be absent from his duties and receiving compensation as provided in the Worker’s Compensation Laws, he shall be granted a sick leave in accordance with rules applicable thereto, in an amount not to exceed his regular compensation. Deductions from accumulated credits shall be applied only to that part of his salary which is paid as an addition to Workmen’s Compensation payments, and the total of the two shall not exceed the regular salary for a given pay period. Annual leave credits may be applied in the same manner. When such absence shall not be covered by sick leave or annual leave, it shall be deemed to be leave without pay.
15.1.6 Special Sick Leave - Any employee whose employment required exposure to unusual employment hazard shall be granted special sick leave credits not to exceed 120 hours in a calendar year if he is a forty (40) hour employee or 105 hours in a calendar year if he is a thirty-five (35) hour employee, a non-standard or non-scheduled employee. Such sick leave credits shall be available and sick leave granted upon written recommendation by Office of Human Resources that it has been determined by blood test or other approved method and supported by a statement from a qualified physician that the health of the employee required such sick leave to permit recuperation from exposure to such occupational hazards.
15.1.7 Parental Leave – PTAA members with one year or more of service shall be granted six (6) weeks of paid parental leave at the birth of a child or the placement of an adopted child under the age of twelve (12) years. PTAA members should provide at least one month’s notice prior to the start of the leave, whenever possible.
When additional time is needed beyond the six weeks because of medical reasons, that time may be charged to sick leave with proper medical documentation.
15.1.8 Borrowed Sick Leave - Employees shall be permitted to borrow two (2) weeks of sick leave against future accumulation in the next fiscal year, provided they have used all accrued vacation and sick leave and other accrued paid leave.
15.1.9 Shared Sick Leave - The Administration and the PTAA shall establish a Sick Leave Bank Committee, consisting of two members appointed by the PTAA and two members appointed by the Administration. Each member of the PTAA may contribute one (1) day per year of accumulated sick days to the Sick Leave Bank. To be eligible to receive sick days from the sick leave bank, a member must have exhausted all accumulated leave (sick, vacation and personal), must present medical documentation of a catastrophic illness or injury that is not work-related, and must have borrowed two weeks of sick leave in accordance with Article 15.1.8 of the collective bargaining agreement. A PTAA member meeting these criteria may request a specific number of days from the Sick Leave Bank Committee, based upon financial hardship and health prognosis. The Sick Leave Bank Committee shall decide the exact number of days a PTAA member may receive from the Sick Leave Bank up to a maximum of six (6) months or approval of disability. Decision of the Sick Leave Bank Committee shall be final and not subject to the grievance and arbitration provisions of the contract.
15.1.10 Family Leave (Leave Without Pay) – (a) Upon written application, a staff member may be granted a leave without pay normally not to exceed six (6) months for reasons of personal illness, disability or other purpose deemed proper and approved by the President or his/her designee. Staff members on leave without pay due to personal illness, disability, parental leave or family leave are eligible for one (1) year of State paid health benefits and when applicable must pay the employee’s share of the optional health plans. If, in unusual circumstances a leave is extended for more than one (1) year, the employee must transfer to a direct payment plan, at the group rate, for his or her health care, if the employee wishes to maintain coverage.
(b) Parental Leave means leave by reason of the birth of a child of an employee or the placement of a child 16 years of age or less with an employee in connection with adoption of such child by the employee.
(c) A Family Leave is for a family member defined as a parent, spouse, child, mother-in-law or father-in-law. Family leave is granted by reasons of serious illness of a family member. Serious illness is defined as disabling, physical or mental illness, injury, impairment or condition that involves in-patient care in a hospital, nursing home, hospice or out-patient care requiring continuing treatment or supervision by a health care provider. The staff member shall provide the University with written certification from the physician caring for the person who is the reason for the employee’s leave and such certification shall state the probable duration of the employee’s requested leave.
15.1.11 Reduced Workload - For reasons and period of time listed in Article 15.1.11, employees may request a reduced workload with a commensurate reduction in salary. If the workload is at least 20 hours, health benefits shall be continued at the employer’s expense, as provided in the contract.
15.2 Special Time Off - Whenever it appears desirable, in the best interest of the Board and its employees, to allow collective absence from duty, the executive officer may excuse employees at a stated time, provided that enough employees remain on duty to maintain contact with the public and carry on crucial work.
15.2.1 Employees who are required to work when other employees are so excused shall be paid their regular rate of pay and in addition shall be granted, at the discretion of the President, either compensatory time off or cash payment for this service at the rate of one and one-half times for each hour worked.
15.3 Military Training Leave - Employees covered by this agreement who by reason of membership in the United States Military, Naval or Air Reserve or the Rhode Island National Guard or Naval Reserve, are required by the appropriate authorities to participate in training activities or in active duty as part of the state military force or special active duty as part of the federal military force, shall be granted military training leave with pay not to exceed fifteen (15) working days in any one calendar year.
15.3.1 Should the employee be required to participate in such training activities for a period greater than fifteen (15) working days, he shall be granted leave without pay for this period.
15.3.2 During the period of military training leave without pay, the employee shall accrue sick and vacation leave credits.
15.3.3 Such training activities as defined in this section shall not include weekly drill nights or similar drill period lasting less than one day or training periods voluntarily engaged by the employee beyond the training period required generally of the members of the respective armed service.
15.4 Bereavement Leave - Each employee shall be granted leave with full pay for four (4) days for a death in the immediate family. Immediate family shall is as defined in Article 15.1.4. One (1) day of bereavement leave will be allowed for the death of a brother-in-law or sister-in-law. Days needed beyond four may be taken from sick leave.
15.5 Jury Duty - Every employee covered by this Agreement who is ordered by the appropriate authority to report for jury duty shall be granted a leave of absence from his regular duties during the actual period of such jury duty and shall receive for such period of jury duty his/her regular pay or his/her jury duty pay whichever is greater.
15.6 Civic Duty - The Board agrees to grant Administrative leave, leave with full pay, to an employee of the Bargaining Unit that is required to appear before a court or tribunal of competent jurisdiction on matters related to their work with the University of Rhode Island.
15.7 Leave Without Pay - It is agreed that, upon written application, an employee who has served his probationary period may be granted a leave without pay, not to exceed six (6) months, subject to renewal, for reason of personal illness, disability, or other purpose deemed proper and approved by the President or his/her designee.
15.7.1 At the expiration of such leave, the employee shall be returned to the position from which he is on leave at pay rate the position would have if there had been no leave.
15.7.2 For positions which are supported by federal or other non-state funds, when said leave expires, the employee shall be returned to the position from which he is on leave or any other similar position at the pay rate the position would have if there had been no leave for which he is qualified if said position exists.
15.7.3 Seniority shall be retained during all leaves without pay.
15.8 Sabbatical Leave - Employees in the bargaining unit shall be eligible for sabbatical leave which he may take with the approval of the President for the purpose of advanced study, independent research or pursuance of a higher academic degree at the completion of six (6) years of employment.
15.8.1 An employee on sabbatical leave shall receive for a period of one (1) year, half-pay, or for a period of six (6) months, full-pay, with the understanding that he return to his duties for at least one (1) year upon termination of the leave, unless by mutual agreement between the employee and the President, it is deemed inadvisable.
15.8.2 Upon his return from sabbatical leave, an employee’s salary shall be at the same pay rate the position would have if there had been no leave, and he shall be returned to the same level which he held at the time said leave commenced if it exists, or is not a substantially equivalent level. A sabbatical leave of absence may be extended without pay or increment for one (1) additional year.
15.8.3 As soon as decisions are made regarding sabbatical leaves the President or his/her designee shall furnish the Union with a list of those receiving sabbatical leave, and those denied sabbatical leave. For those whom replacement positions have been provided, notice to the Union will be given as soon as the decision has been made.
15.9 Leave for Professional Development - Members who have served for at least two (2) years full-time may be granted short-term leaves of absence to pursue professional development at workshops, seminars, and conventions. This leave shall be granted at regular pay and the recipient upon termination of the leave shall return to his/her duties at the University. Applications for such leaves shall be made six (6) weeks prior to the date for which the leave is required. In certain circumstances, shorter notice for such leave may be considered.
15.10 Leave for Graduate Study - An employee who has served at least three (3) years may, upon written approval of the President, be granted a leave of absence for the purpose of pursuing graduate study for a period of either a year or a half-year.
15.10.1 An employee applying for such leave may apply for leave without pay or leave at one-quarter pay for either period of time. In either case, there is the understanding that the employee will return to his duties upon termination of the leave for a period equivalent to one (1) year for each half year of leave, unless by mutual agreement between the employee and the President, it is deemed inadvisable.
15.10.2 The employee applying for such leave shall present to the President the plan of study he expects to pursue while on leave which must be approved by the President before the request for leave is granted. At the close of the period of leave, he shall file an appropriate report with the President.
15.10.3 If an employee resigns and does not return after leave, money received must be returned to the University.
15.10.4 An employee who is on leave for graduate study and who is receiving a salary from the Board shall be permitted to accept financial aid in the form of a fellowship or scholarship which does not require the performance of teaching or other duties that would prevent him from pursuing a full program of graduate study.
15.11 Holidays - The following, as approved by the Rhode Island General Assembly and as long as these days, or others that may be added or deleted by the General Assembly, continue to be designated as State employee work holidays by the General Assembly, shall constitute the official holidays:
New Year’s Day
Martin Luther King Day
Any day on which a general election or State Officers is held, as Election Day
15.11.1 Each employee shall be entitled to time off at his regular rate of pay for the holidays specified above when such holidays fall on his regularly scheduled work days, and shall be credited with the number of hours in his official work schedule for that day.
15.11.2 When any holiday shall fall on the scheduled day off within the scheduled work week of any employee, the next scheduled work day shall be substituted for the holiday.
15.11.3 If a holiday falls on a regularly scheduled work day within an employee’s vacation period, the employee shall not be charged annual leave for his absence on that day.
15.12 Annual Vacation - The annual vacation for a full-time employee shall be fifteen (15) working days during the first three (3) years of employment, twenty-two (22) working days thereafter. Subject to R.I. General Laws, 36-6-18, employees with twenty (20) years state service will receive an additional five (5) days of vacation. Working days shall refer to five (5) seven-hour days or five (5) eight-hour days per week, Monday through Friday, and exclusive of scheduled holidays. Vacation time for employees who work less than full time, on a calendar year basis, shall be computed on a pro-rata basis.
15.12.1 Vacation time shall be allowed to accumulate to a maximum of thirty (30) working days for those earning fifteen (15) working days per year or forty-four (44) working days for those earning twenty-two (22) working days per year or to fifty-four (54) days for those earning twenty-seven (27) working days per year. Time and number of days of vacation to be taken are to be mutually agreed to in advance by the employee, the employee’s immediate supervisor and the appropriate Dean/Director. In the event that the employee is denied reasonable opportunity to take vacation in the total amount accumulated each year, then upon proof of denial of such reasonable opportunity, said employee shall be able to accumulate a maximum beyond the thirty (30) or forty-four (44), or fifty-four (54) working days set out in the first sentence of this paragraph.
On December 31 of any given year, vacation time which has accumulated in excess of the maximum accrual shall be forfeited. In the event that the employee is denied reasonable opportunity to take vacation in the total amount accumulated each year, then upon proof of such denial of such reasonable opportunity provided to the Assistant Vice President for Human Resource Administration, said employee shall be able to accumulate a maximum of ten (10) work days beyond the maximum accrual set out in the first paragraph. In no case shall an employee be denied a reasonable opportunity to take at least ten (10) consecutive vacation days twice per year.
Termination – When the service of an employee is terminated by resignation, retirement, or death, if such employee shall not have used actual vacation time equal to the vacation credits outstanding on his account, he or his estate shall receive full pay for each day of vacation leave to his credit as of the date of termination, up to his/her maximum accrual.
15.12.2 Grant Funded Personnel – When the source of funding for an employee’s salary is shifted from one grant to another, all properly accrued vacation time will automatically be carried over unless the employee requests to be paid for the time. Employees wishing to be paid for accrued vacation time shall request payment through the Office of the Dean. The Dean may at his discretion act affirmatively or negatively on the request or a portion thereof. If the request for payment is denied, the accrued vacation time will be carried over to the new grant. If the employees covered by this Agreement are unable to reach agreement, with their immediate supervisor as to the time period for taking vacation, then the impasse will be forwarded to the Dean who will resolve the matter by designating the time when the vacation will be taken. The Dean shall attempt to resolve the dispute in a manner which is fair and equitable to the employee and at the same time does not conflict or disrupt the work requirements.
15.13 Personal Leave - Each full-time calendar year staff member shall be entitled to up to four (4) days leave of absence with pay each year for emergencies or to attend to personal matters and/or religious observance which cannot be reasonably attended to outside of the normal work day. This personal leave may be used for the one-half day before a day of religious observance, as well as time off for days of religious observance. Staff members shall not be required to give a reason as a condition of utilizing this personal leave, but prior approval must be obtained from the immediate supervisor to assure that the absence does not interfere with the proper conduct of the office. Personal leave credits cannot be carried over from calendar year to calendar year.
The following schedule shall apply for all new employees in their first year of employment for the distribution of personal leave:
Employees appointed between January 1 and April 30 shall be entitled to four (4) personal days as provided in this article. Employees appointed between May and August 31 shall be entitled to three (3) personal leave days as provided in this article. Employees appointed after September 1 shall be entitled to two (2) personal leave days as provided in this article.
15.14.1 Disabled Employees - The Administration and the Union shall adhere to Federal and State laws and regulations as they apply to treatment or accommodations for persons with disabilities.
15.14.2 If after a staff member has used all accrued sick, vacation, and personal leave and he/she is still unable to resume the essential functions of the position he/she shall apply for disability insurance (ERS or TIAA) as applicable, apply for a leave without pay or resign his/her position.
16.1 For the purpose of this agreement, the term “Grievance” means any difference or dispute between the Board and the Union or between the Board and any employee with respect to the interpretation, application, or violation of any of the provisions of this agreement.
16.2 There shall be a grievance procedure as follows:
16.2.1 A grievance shall be presented by the aggrieved to his immediate supervisor within ten (10) working days after the employee knew or “should have known” of the act, event, and/or commencement of the condition which is the basis of the grievance. The supervisor shall render a decision within two (2) working days.
16.2.2 If the grievance is not resolved in step 1, it shall be submitted in writing within three (3) working days of its receipt by the Union to the President or his designee, who shall grant a hearing within five (5) working days. A written decision shall be rendered within five (5) working days of the conclusion of the hearing.
16.2.3 If the grievance is not resolved in step 2, it shall be submitted within five (5) working days of the Union’s receipt of the President’s decision to the Commissioner of Higher Education or his designee, who shall grant a hearing within ten (10) working days of the receipt of the grievance, and shall render a written decision within ten (10) working days of the conclusion of the hearing.
16.3 The time limits specified herein shall be regarded as maximums and every effort shall be made to expedite the processing of grievances, provided, however, that the parties may by mutual agreement extend any time limitation specified herein.
16.4 A grievance shall automatically proceed to the next step of the grievance procedure if within the time limits specified herein a decision has not been rendered. It shall be the responsibility of the aggrieved to forward copies of grievance letters and responses thereto at each successive step of the grievance procedure.
16.5 Either party to this agreement shall be permitted to call witnesses as part of the grievance procedure. The Board, on request, will produce payroll and other records, as necessary. Employee witnesses who are state employees and grievants will receive their regular rate of pay for time spent processing grievances. Such time spent shall be subject to approval of the appropriate chief administrator, which should not be unreasonably withheld.
16.6 It is also agreed that in all cases of dismissal the aggrieved may go immediately to step 3 of the grievance procedure. It is further agreed that either party may submit a grievance to each other and proceed immediately to step 3.
16.7 Decisions rendered shall be forwarded to the Union and to the aggrieved employee.
16.8 For the purposes of this article, the following definitions shall apply:
16.8 (a) “Within a working day” shall mean prior to the end of the shift on working day following receipt of the grievance, and shall be exclusive of weekends, vacations, and holidays.
16.8 (b) “aggrieved” shall mean either the employee and/or the Union.
16.9 ARBITRATION – If a grievance is not settled under this Article, such grievance shall, at the request of the Union or the Board, be referred to the American Arbitration Association in accordance with its rules then obtaining.
16.10 The decision of the arbitrator shall be final and binding upon the parties except where the decision would require an enactment of legislation, in which case it shall be binding only if the legislation is enacted. The expense of such arbitration shall be borne equally by the parties.
16.11 Only grievances arising out of the provisions of this contract relating to the application or interpretation or violation thereof may be submitted to arbitration.
16.12 All submissions to arbitration must be made within thirty (30) calendar days after the grievance procedure decision.
17.1 The Board of Governors for Higher Education, the University of Rhode Island, and the Union agree that if and when the University or other employer offers employment to a member of the bargaining unit such work may be accepted with pay providing such work and its preparation are done outside the individual’s working hours and that the work and its preparation do not interfere with the performance of the individual’s job duties and responsibilities.
18.1 The parties agree that the primary function of student workers is to assist University employees and not supervise or direct members in Local 2877.
19.1 Effective July 1, 2004, employees shall receive a 1.0 percent across-the-board salary increase plus 2.5% equity increase. Effective July 1, 2004, the minimum and maximum of each pay grade pay grade shall be increased by 3.5 percent. The 2004-05 salary schedule is set forth in Appendix A-1.
19.2 Effective July 1, 2005, employees shall receive a 3.5 percent across-the-board salary increase. Effective July 1, 2005, the minimum and maximum of each pay grade pay grade shall be increased by 3.5 percent. The 2005-06 salary schedule is set forth in Appendix A-2.
19.3 Effective July 1, 2006, employees shall receive a 3.5 percent across-the-board salary increase. Effective July 1, 2006, the minimum and maximum of each pay grade shall be increased by 3.5 percent. The 2006-07 salaryschedule is set forth in Appendix A-3.
RECLASSIFICATION APPEAL PROCESS
20.1 The purpose of this appeal process is to remedy inequities in the placement of positions in pay grades of members of the PTAA bargaining unit.
20.2 During the term of this agreement, any employee who claims that his/her job description has been changed, or that he/she has undertaken additional job responsibilities, or that his/her job situation is unique so as to constitute an inequity with respect to the member’s present grade classification shall have the right to appeal for a grade change as follows:
20.3 a. The employee shall request a review by the Office of Human Resource Administration who will meet with the individual and theUnion within two (2) weeks following the request.
20.3 b. The Office of Human Resource Administration will respond in writing to the employee and the Union stating a recommendation for approval or disapproval and the reasons for actions within one (1) week following the meeting.
20.3 c. If agreement is reached with the employee and the Union, the recommendation will go directly to the Personnel Review committee for a hearing in accordance with the provisions of paragraph 20.5.
20.3 d. If an agreement cannot be reached with the employee, the appeal will be directed to the committee specified in paragraph 22.4.
20.4 a. The employee shall request a review by a three (3) member committee comprised of one (1) member appointed by the University President, one (1) member appointed by the President of the Union and one (1) member appointed by the President of the University with the approval of the Union.
20.4 b. The committee will meet with the employee within two (2) weeks following receipt of the request.
20.4 c. The employee and/or the Union shall have the right to present evidence and testimony in support of his/her claim.
20.4 d. The majority decision of the committee shall be set forth in writing, with reasons, within one (1) week following the meeting.
Personnel Review Committee
20.5 a. Written decisions of the above-mentioned committee will be forwarded to the Board of Governors Personnel Review Committee (PRC), the employee, and the Union within one (1) week of the issuing of a decision.
20.5 b. The Personnel Review Committee will consider the appeal at its next regularly scheduled meeting.
20.5 c. Decisions by the committee shall be reviewed by the Personnel Review Committee in an impartial and judicious manner.
20.5 d. The Personnel Review Committee shall render its final decision within fifteen (15) days of the hearing. This decision shall be in writing.
20.5 e. If the appeal is denied, specific reasons, based on the evidence presented, shall be set forth. Denials shall not be based upon monetary reasons. A simple majority vote is required for a decision.
20.6 The employee and the Union shall have the right to present evidence and testimony in support of his/her appeal before the University Appeals Committee and the Personnel Review Committee. The employee and the Unionshall be notified one (1) week prior to each appeal hearing. Pay grade increases shall be made retroactive to the date of the first pay period following the filing of the initial appeal by the employee. The decision of the PRC is final and not grievable.
NO STRIKES OR LOCKOUTS
21.1 The Union and its members will not cause, call or sanction any strike, work stoppage or slowdown, nor will the Board lockout its employees during the term of this agreement.
21.2 It is agreed that all provisions of this agreement are binding on each of the individuals covered by this contract.
ALTERATION OF AGREEMENT
22.1 It is hereby agreed that any alteration or modification of this agreement shall be binding upon the parties hereto only if executed in writing and signed by the parties.
22.2 The waiver of any breach or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all the terms and conditions herein.
23.1 Should any provision of this agreement or any application thereof be unlawful by virtue of any federal or state law, such provision of this agreement shall be null and void, but in all other respects the provision of this agreement shall continue in full force and effect for the life thereof.
24.1 The parties agree that the new contract herein negotiated shall be for the time period of July 1, 2004, to June 30, 2007.
24.2 Except as otherwise expressly changed or amended herein, the parties mutually agree that all provisions contained within the existing agreement shall remain in full force and effect for the term of the new agreement.
24.3 Contract provisions expressly changed or amended herein shall be in full force and effect until expiration of the new agreement.
24.4 The parties further agree and recognize that the existing agreement and negotiated improvements are the result of intensive negotiation efforts made by the existing parties to the agreement, that is, the Board of Governors for Higher Education and the PTAA – Local 2877, AFSCME Council 94, AFL-CIO.
TERMINATION OF AGREEMENT
25.1 This agreement shall be effective as of the 1st day of July, 2004, and shall remain in full force and effect until the 30th day of June, 2007.
It shall be automatically renewed from year to year thereafter, commencing the 1st day of July, 2007, unless either party shall notify the other in writing at least ninety (90) days prior to the anniversary date that it desires to modify this agreement.
25.2 This agreement shall remain in force during negotiations.
In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph.
PTAA PAY PLAN
(3.5% Total: 1% ATB, 2.5% Equity Increase)
PAY GRADE MINIMUM MID MAXIMUM
1 20,919 23,535 26,150
2 22,307 25,111 27,914
3 23,750 26,766 29,781
4 25,233 28,594 31,954
5 26,989 30,604 34,219
6 28,459 32,624 36,788
7 30,549 35,048 39,547
8 32,745 37,706 42,667
9 35,229 40,837 46,444
10 37,750 43,997 50,243
11 40,778 47,498 54,218
12 43,907 51,397 58,886
13 47,385 55,460 63,535
14 50,984 59,909 68,833
15 55,083 64,694 74,304
16 59,313 69,973 80,634
17 63,834 75,391 86,949
PTAA PAY PLAN
EFFECTIVE 07/01/05 (3.5%)
PAY GRADE MINIMUM MID MAXIMUM
1 21,651 24,359 27,065
2 23,088 25,990 28,891
3 24,581 27,703 30,823
4 26,116 29,595 33,072
5 27,934 31,675 35,417
6 29,455 33,766 38,076
7 31,618 36,275 40,931
8 33,891 39,026 44,160
9 36,462 42,266 48,070
10 39,071 45,537 52,002
11 42,205 49,160 56,116
12 45,444 53,196 60,947
13 49,043 57,401 65,759
14 52,768 62,006 71,242
15 57,011 66,958 76,905
16 61,389 72,422 83,456
17 66,068 78,030 89,992
PTAA PAY PLAN
EFFECTIVE 07/01/06 (3.5%)
PAY GRADE MINIMUM MID MAXIMUM
1 22,409 25,212 28,012
2 23,896 26,900 29,902
3 25,441 28,673 31,902
4 27,030 30,631 34,230
5 28,912 32,784 36,657
6 30,486 34,948 39,409
7 32,725 37,545 42,364
8 35,077 40,392 45,706
9 37,738 43,745 49,752
10 40,438 47,131 53,822
11 43,682 50,881 58,080
12 47,035 55,058 63,080
13 50,760 59,410 68,061
14 54,615 64,176 73,735
15 59,006 69,302 79,597
16 63,538 74,957 86,377
17 68,380 80,761 93,142
The following is a list of the employee classifications represented by the bargaining unit as of the signing date of the contract. An updated list is maintained by the University and may be obtained from the University’s Human Resources Office.
TITLE HOURS GRADE
Accountant (International Research) 35** 9
Accountant (Research Receivables) 35** 9
Accountant (Cash Reconciliation) 35** 9
Administrative Assistant III 35* 6
Administrative Secretary II 35* 4
Animal Technician 35** 3
Artist 35* 10
Clinical Counselor 35** 13
Editor 35* 10
Educator III 35** 14
Educator IV 35** 16
Hall Director 35*** 5
Information Technologist 35** 10
Jr. Programmer Analyst 35* 8
Jr. Programmer Consultant 35* 8
Laboratory Technician II 35** 11
Lead Database Support Tech 35** 14
Lead Information Technologist 35** 14
Lead Programmer Analyst 35** 14
Lead Programmer Consultant 35** 14
Marine Research Assistant I 35*** 1
Marine Research Assistant II 35*** 3
Marine Research Assistant III 35*** 5
Marine Research Assistant IV 35*** 7
Page 2 of 3
TITLE HOURS GRADE
Network Technician 35** 8
Network Technician II 35** 10
Network Technician III 35** 12
Network Technician IV 35*** 14
OIS Customer Service Rep 35** 8
Photographer, Scientific 35** 9
Programmer Analyst 35** 10
Programmer Consultant 35** 10
Research Assistant I 35*** 1
Research Assistant II 35*** 3
Research Assistant III 35*** 5
Research Assistant IV 35*** 7
Senior Information Technologist 35** 12
Senior Programmer Analyst 35** 12
Senior Programmer Consultant 35** 12
Senior Technical Programmer 35** 14
Ship’s Technician I 35*** 8
Ship’s Technician II 35*** 10
Ship’s Technician III 35*** 12
Ship’s Technician IV 35*** 13
Ship’s Technician V 35*** 14
Technologist, Imaging Services 35** 9
Technical Programmer 35** 12
Technician (Ice Rink) 40** 6
Technical Writer 35** 11
Technician I 35* 7
Page 3 of 3
TITLE HOURS GRADE
Technician II 35* 9
Technician III 35* 11
University Photographer 35** 11
University Police Lieutenant 40****** 10
University Psychologist 35** 14
Writer 35* 10
* 11.1.1 Schedule
** 11.1.2 Schedule
*** 11.1.3 Schedule
**** 11.1.4 schedule
***** 11.1.5 schedule
****** 11.1.6 schedule
MEMORANDUM OF AGREEMENT
AND BOARD OF GOVERNORS/UNIVERSITY OF RHODE ISLAND
RE: Academic Year Positions
This memorandum of agreement is entered into by and between the PTAA and the Board of Governors/University of Rhode Island on this 1st day July, 2004, and applies during the term of the 2004 – 2007contract.
The parties hereby agree:
1. Academic year positions shall normally consist of at least twenty (20) pay periods but less than twenty-six (26) pay periods per year. The posting of such a position shall include a statement of the position’s status as well as the dates of the employment period.
2. These pay periods shall be consecutive. When the employee is not working, for example during the summer months, the employee shall be placed on furlough.
3. The furloughed employee will retain the sick leave, personal leave and annual leave balances he/she had at the commencement of the furlough consistent with other provisions of the Agreement.
4. Furloughed employees shall not earn any leave accruals during the furlough period.
5. When the furlough period has ended, the employee shall resume the position held prior to furlough.
6. The salary consideration date shall remain the same as it was when the employee was furloughed, i.e., an employee shall receive wage increases as if there were no break in service, except for probationary employment.
7. If the employee was serving a probationary period at the time he/she was furloughed, the probation will resume where it left off at the time the furlough commenced.
8. Seniority shall continue to accrue through the furlough period as if there were no break in service.
9. Health benefit coverage as provided in the Contract shall remain in effect during the furlough. An employee shall pay his/her portion of health benefit and life insurance costs in order to have coverage through the furlough period.
10. When the University changes the work year of an employee, it shall notify said employee and the union thirty (30) days prior to effecting such change. The University shall also notify the PTAA president when it changes the work year of a vacant bargaining unit position or when it establishes an academic year position.
11. The University shall not convert from calendar year to academic year basis the positions currently occupied by bargaining unit employees hired prior to September 1, 1990 while he/she remains in such position without the agreement of said employee. However, such agreement shall not be required of employees hired on or after September 1, 1990 who may, if eligible under Article 13, assert bumping rights in the event his/her position is converted.
12. An academic year position which is full time shall be considered full time for purposes of tuition waiver, and the break in service (furlough) shall be considered as time worked for purposes of eligibility for tuition waiver, consistent with other provisions of the Agreement.
13. Furlough shall be defined as the break in service between periods of employment.
14. An employee in an academic year position may assert the seniority rights of Article XIII only over other employees in academic year positions.
15. PTAA members who are on academic year appointments shall be granted eleven (11) vacation days. The use of this time shall be determined by prior approval of his/her supervisor, and the appropriate Dean/Director, and the use of such time shall not be unreasonably withheld. These vacation days shall be taken during student breaks, i.e., on the Friday after Thanksgiving, during Christmas recess or Spring recess.
16. Personal days will be prorated for academic year employees.
LETTER OF AGREEMENT
RE: 1997-1999 BOARD OF GOVERNORS–URI/PTAA CONTRACT
Concerning Section 11 of the Letter of Agreement
on Academic Year Positions
During the term of this contract the University shall not convert from calendar to academic year the work year of an employee hired on or after September 1, 1985, while he/she remains in his/her initial position, without first negotiating the matter with the union. However, this shall not be construed to limit the management rights of the Board and the University regarding job abolishment, layoff reorganization, job establishment, etc.
This letter shall expire on June 30, 2007
LETTER OF UNDERSTANDING
Between PTAA and the University of Rhode Island
Re: Contract Appendix B
The parties agree that those titles in Appendix B in the 2004-07 contract listed below and which do not reflect a work week indicator shall be converted as indicated as said positions become vacant or as upgrades occur on an individual basis.
POSITION FROM TO
Educator(s) ** ***
Cooperative Extension Assistant * ***
Cooperative Extension Associate ** ***
Photographer, Scientific * **
Laboratory Technician II * **
Programmer positions * **
This letter of understanding shall remain in full force and effect until June 30, 2007.
LETTER OF AGREEMENT
The parties agree that there may be situations in which members of the bargaining unit have been assigned permanent responsibilities for an increased workload which do not warrant pay grade increases.
In such circumstances, an employee may initiate a review on the above.
Supervisors may also recommend, with written approval of the appropriate vice-president/provost, to human resources a 3%-5% in-grade increase for such employee, not to exceed the maximum of the pay grade. The union will be notified of all such awards. In the event of a denial, the union and the employee will receive notification in writing stating the reason for denial within thirty (30) days of the recommendation or request.
The decision regarding the granting of such an increase shall rest with the president, or designee, and shall not be grievable.
All such recommendations must be forwarded to Human Resources.
LETTER OF AGREEMENT
New employees may be hired up to the maximum of the salary range for the position with the approval of the Office of Human Resource Administration.
In the event the University hires a new employee above the minimum of the pay grade, members of the bargaining unit employed within the same classification, whose salaries are below that of the new hire, may petition the Office of Human Resources for a review of their salary based on the criteria established by the department for hiring above the minimum. The Office of Human Resources shall compare the education, experience and specific qualifications of the new hire to determine whether a salary adjustment is appropriate. The determination by the Office of Human Resources shall be in writing.
In the event of a proposed reorganization, the parties recognize the obligation to bargain with the collective bargaining agent pursuant to Article I, Recognition
Memorandum of Agreement
PTAA, Local 2877
Board of Governors / University of Rhode Island
In order to recognize and reward members of the bargaining unit for outstanding performance, the University agrees to establish a merit pool in the amount of $35,000.00 in FY2005/06 and $40,000 in FY2006/07.
Members will be eligible to receive a one-time lump sum merit bonus not accruing to their salary base, in the amounts listed below and paid out for the fiscal year:
The Vice President/Provost may ward merit bonuses based on the recommendations of the deans/department directors, along with completed annual evaluations. Evaluations and recommendations will be completed no later than March 30th, and merit increases will be distributed prior to the end of June. The union will be notified of the individual merit increases prior to payment. The decisions of the Vice President/Provost concerning the awarding of merit bonuses shall not be grievable.
This memorandum expires June 30, 2007.
Board of Governors for Higher Education President, URI/PTAA
SPECIAL PURPOSE AGREEMENT
The parties hereto, University of Rhode Island, Board of Governors for Higher Education and AFSCME Council 94, Local 2877, hereby agree to the following:
1. The parties will create a one-time only committee to review the need for an “on-call” schedule for Network Technicians.
2. The Committee will be made up of three (3) members chosen by the University and three (3) members chosen by the Union which will include one Network Technician with over two (2) years at the University.
3. The Committee will start meeting three (3) weeks after the signing of this Agreement.
4. The Committee will be charged with the duty of investigating other means for “on-call” for Network Technicians.
a. Background information will be reviewed as to what is an emergency requiring on-call coverage. (Definition of an emergency).
b. Who would make that determination.
c. Who would make calls for coverage.
d. Are there other means to handle emergency situations.
5. The Committee will report in ninety (90) days and make recommendations concerning the need for Network Technicians being “on-call” requirements.
6. The parties hereto, if mutually agreeable, will adopt any of the recommendations of the Committee.
FOR THE BOARD OF GOVERNORS FOR PTAA
LETTER OF AGREEMENT
PROFESSIONAL/TECHNICAL ADMINISTRATIVE ASSOCIATION,
Local 2877, Council 94, AFL-CIO
URI DEPARTMENT OF HOUSING AND RESIDENTIAL LIFE:
OVERTIME/COMPENSATORY TIME OFF
The University and the Union mutually agree that Hall Directors (HD’s), union members employed by the Department of Housing and Residential Life, shall be covered by the following overtime/compensatory time off provisions:
1. Compensatory time off under this procedure shall be earned for time worked in excess of the thirty-five (35) hour work week, as specified in “HOURS OF WORK, SALARY RANGES, AND WORKING CONDITIONS” and “APPENDIX B” in the current contract between the Rhode Island Board of Governors for Higher Education and the Professional/Technical Administrative Association, Local 2877, Council 94, AFL-CIO.
2. Hours worked over the thirty-five (35) hour work week shall be compensated with compensatory time off at the rate specified in the “OVERTIME, CALL-IN TIME AND SEA PAY” provisions of said contract.
3(a) Over thirty-five (35) hours. In exchange for job duties and responsibilities performed during the academic year in excess of the thirty-five (35) hour work week, HD’s shall earn 119 hours of compensatory time off. Said compensatory time shall be discharged during Intersession and Spring Break, as defined by the Office of the Registrar’s “University Calendar,” or on occasional days during the course of each semester with prior approval from the Director of Housing and Residential Life; such permission shall not be unreasonably withheld.
3(b) Spring and fall residence hall closings. In exchange for job duties and responsibilities performed in excess of thirty (35) hours during fall and spring semester residence hall closings, HD’s shall earn twenty-one (21) hours of compensatory time off. Said compensatory time shall be discharged during Intersession and Spring Break, as defined by the Office of the Registrar’s “University Calendar,” or on occasional days during the course of each semester with prior approval from the Director of Housing and Residential Life; such permission shall not be unreasonably withheld.
3(c) Resident Assistant (RA) training & fall semester, residence hall opening. In exchange for job duties and responsibilities performed in excess of thirty-five (35) hours during fall Resident Assistant (RA) training and fall semester, residence hall openings, HD’s shall earn compensatory time off at the rate specified in the “OVERTIME, CALL-IN TIME AND SEA PAY” provisions of said contract. Said compensatory time shall be paid as overtime on the bi-weekly payroll. The number of additional training and opening work hours shall be mutually determined prior to RA training by the union area steward(s) and chief steward and the Director of Housing and Residential Life or his/her designee.
3(d) Emergencies, special work and projects within a HD’s assigned residence halls. Emergencies, special work and projects within a HD’s assigned residence halls which are authorized by the Director of Housing an Residential Life and fall beyond the scope of the present HD position description shall be compensated according to the “OVERTIME, CALL-IN TIME AND SEA PAY” provisions of said contract; compensatory time off shall be paid as overtime if not discharged within thirty (30) calendar days.
3(e) Emergencies, special work and projects outside a HD’s assigned residence halls. Emergencies, special work and projects outside a HD’s assigned residence halls which are authorized by the Director of Housing and Residential Life and fall beyond the scope of the present HD position description shall be assigned according to the principle of seniority and shall be compensated according to the ‘OVERTIME, CALL-IN TIME AND SEA PAY” provisions of said contract; compensatory time off shall be paid as overtime if not discharged within thirty (30) calendar days.
4. This agreement shall be automatically renewed after commencing the tenth day of January, 1996, unless either party shall notify the other in writing at least ninety (90) days prior to August 31 of the calendar year.
5. A record of overtime compensation, signed by each member, shall be furnished to the Director of Housing and Residential Life and to the Union.
6. No change shall be made in this agreement unless mutually agreed in writing by both parties as designated below.
FOR THE BOARD OF GOVERNORS: FOR THE UNION:
The undersigned parties, the University of Rhode Island and PTAA agree to the following conditions of employment for the ice technicians employed at the Boss Arena effective 7/13/03:
1. The standard work week for ice technicians will be 40 hours per week. Ice technicians will be eligible for paid overtime (time and one-half) for hours worked in excess of 40 hours per week.
2. The schedule for these positions will be days off and hours may vary according to business need as determined by Global Spectrum and will be posted as such in the event of a vacancy. The schedule may be set so that employees will not work five (5) consecutive days.
3. The ice technicians will be required to wear uniforms supplied by Global Spectrum.
4. In the event of a vacancy the University may be required to replace a full-time employee with an emergency appointment until such time as to posting/interview process has been completed.
5. Whenever an ice technician is required to work on a holiday which falls on their regular scheduled work day; they shall be credited with the number of hours in their official work schedule for that day, plus the number of hours in their official work schedule for that day, plus the number of hours actually worked. The hours actually worked shall be compensated at the rate of one and one-half times.
6. This agreement and the provisions hereunder shall not constitute a precedent by either party and shall not be introduced or referred to in any grievance, or other proceeding involving the parties, except for the sole purpose of enforcing the provisions hereof.
FOR THE BOARD OF GOVERNORS: FOR THE UNION;
IN WITNESS WHEREOF,, the parties hereto have set their hands on this day of _____ day of _________, 2006.
For the Board of Governors For URI/PTAA, Local 2877,
for Higher Education Rhode Island Council 94,
Chairman, Board of Governors President, URI/PTAA, Local 2877
for Higher Education
Commissioner of Higher Education Chairman, Negotiation Committee
President, The University of Rhode Island Committee Member
Director, Labor Relations Committee Member
Chief Negotiator, Council 94
Executive Director, Council 94
RHODE ISLAND BOARD OF GOVERNORS FOR HIGHER EDUCATION
UNIVERSITY OF RHODE ISLAND PROFESSIONAL/TECHNICAL/ADMINISTRATIVE ASSOCIATION
RHODE ISLAND COUNCIL 94
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
AFL – CIO
July 1, 2004 – June 30, 2007
TABLE OF CONTENTS
MEMORANDUM OF AGREEMENT 1
ARTICLE I RECOGNITION 1
ARTICLE II MANAGEMENT RIGHTS 1
ARTICLE III UNION RIGHTS 2
3.1 Time off 2
3.3 Union Business 2
3.4 Notification of Elected Officers 2
3.5 Central Mail 2
3.6 Access to Information 2
3.7 Institutional Planning 2
3.8 Reorganization 2
3.9 Meetings with President 2
3.10 Office Space 2
3.11 University Committees 2
ARTICLE IV NON-DISCRIMINATION 3
4.1 No Discrimination 3
4.2 Gender Designation 3
4.3 Union Membership 3
4.4 Union Representation 3
4.5 Non Discrimination by the Board 3
ARTICLE V DUES DEDUCTION – AGENCY SHOP 3
5.2 Bi-weekly Deduction of Union Dues 3
5.3 Union Dues Authorization 3
ARTICLE VI BULLETIN BOARDS 3
ARTICLE VII POSTING & FILLING OF NEW & VACANT POSITOINS 3
7.1 Application Time Period 3
7.2 Job Specifications 4
7.3 Affirmative Action Compliance 4
7.4 Job Title or Description Change 4
7.5 Salary Increase 4
ARTICLE VIII EMPLOYEE COMPENSATION IN A DIFFERENT 4
8.1 Working Out of Classification 4
8.2 Return To Previous Position 4
ARTICLE IX DISCIPLINE AND DISCHARGE 4
9.1 Reprimand 4
9.2 Types of Action 5
9.3 Written Notification 5
9.4 Just Cause Grievance 5
9.5 Demotion & Written Notice 5
9.6 Restoration & Compensation 5
9.7 Demotion Upon Request 5
ARTICLE X PERSONNEL FILES 5
10.1 Number 5
10.2 Contents 5
10.3 Right to Examine 5
10.4 Anonymous Material 6
10.5 Copies 6
10.6 Use of Materials 6
10.7 One File 6
10.8 Civil Service 6
10.9 Evaluation 6
10.10 Anonymous material 6
10.11 Personnel Files 6
ARTICLE XI HOURS OF WORK, SALARY RANGES, AND WORKING CONDITIONS 6
11.1 Three Work Weeks 6
11.2 Work Schedule 6
11.3 Breaks and Meal Periods 6
11.4 Changes to Work Schedules 7
11.5 Working Conditions–Safety Equipment 7
ARTICLE XII FRINGE BENEFITS 7
12.1 Retirement 7
12.2 Tax Deferred Annuity Program 7
12.3 Disability Insurance 7
12.4 Group Life Insurance 7
12.5 Health Benefits 8
12.6 Travel Reimbursement 8
12.7 Tuition Waiver 8
ARTICLE XIII SENIORITY AND LAYOFFS 9
13.1 Principle of Seniority 9
13.2 Probationary Employees 9
13.3 Loss of Seniority 9
13.4 Layoffs 10
13.5 Notification 10
13.6 Placement 10
13.7 Re-employment Lists 10
13.8 Limited Period Positions 10
13.9 Recalls 11
ARTICLE XIV OVERTIME, CALL-IN TIME AND SEA PAY 11
14.1 Overtime 11-12
14.2 Call-In Time 12
14.3 Sea Pay Ship’s Technicians 12-13
14.4 Sea Pay Other than Ship’s Technicians 13
ARTICLE XV LEAVES 13
15.1 Sick Leave 13
Special Sick Leave 14
Maternity Leave 14
Parental Leave 14
Borrowed Sick Leave 14
Shared Sick Leave 14
Family Leave 15
Reduced Workload 15
15.2 Special Time Off 15
15.3 Military Training Leave 15
15.4 Bereavement Leave 16
15.5 Jury Duty 16
15.6 Civic Duty 16
15.7 Leave Without Pay 16
15.8 Sabbatical Leave 16
15.9 Leave for Professional Development 16
15.10 Leave for Graduate Study 17
15.11 Holidays 17
15.12 Annual Vacation 17
15.13 Personal Leave 18
15.14 Disabled Employees 18
ARTICLE XVI GRIEVANCE PROCEDURE 19
16.1 Definition 19
16.2 Procedure 19
16.3 Time Limits 19
16.5 Witnesses 19
16.6 Dismissal 19
16.7 Copies of Decision 19
16.8 ”Working Day” and “Aggrieved” 19
16.9 Arbitration 20
ARTICLE XVII OUTSIDE EMPLOYMENT 20
ARTICLE XVIII STUDENT EMPLOYMENT 20
ARTICLE XIX SALARY PROVISIONS 20
ARTICLE XX RECLASSIFICATION APPEAL PROCESS 21
ARTICLE XXI NO STRIKES OR LOCKOUTS 22
ARTICLE XXII ALTERATION OF AGREEMENT 22
ARTICLE XXIII SAVINGS CLAUSE 22
ARTICLE XXIV IMPLEMENTATION PROVISIONS 22
ARTICLE XXV TERMINATION OF AGREEMENT 23
APPENDIX A PAY SCHEDULES 24
Appendix A-1 (2004-05) 24
Appendix A-2 (2005-06) 25
Appendix A-3 (2006-07) 26
APPENDIX B JOB TITLES 27
MEMORANDUM OF AGREEMENT – Re: Academic Year Positions 30
LETTER OF AGREEMENT – Re: Section 11 of Memorandum of
Agreement Regarding Academic Year Positions 32
LETTER OF UNDERSTANDING – Re: Contract Appendix B 33
LETTER OF AGREEMENT – Re: Increased Workload 34
LETTER OF AGREEMENT – Re: Salary Range for New Hires 35
MEMORANDUM OF AGREEMENT – Re: Merit Pool (2005-06) 36
MEMORANDUM OF AGREEMENT – Re: Merit Pool (2006-07) 37
LETTER OF AGREEMENT – Overtime/Compensatory Time-Off (Hall Directors) 38
AGREEMENT – Ice Technicians 40