AGREEMENT
BETWEEN
THE BOARD OF
TRUSTEES OF
SOUTHERN
ILLINOIS UNIVERSITY
GOVERNING
SOUTHERN ILLINOIS UNIVERSITY
CARBONDALE
AND THE
INTERNATIONAL
UNION
OF
OPERATING
ENGINEERS
LOCAL UNION NO.
399, AFL-CIO
EFFECTIVE
JULY 1, 2001 -
JUNE 30, 2002
ARTICLES OF AGREEMENT
This Agreement is made and entered into
between SOUTHERN ILLINOIS UNIVERSITY CARBONDALE, hereinafter
called the Employer and the INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL UNION NO. 399, AFL-CIO, hereinafter called the
Union.
This Agreement is authorized by Public Act
83-1014, The Illinois Educational Labor Relations Act, and is
subject to its provisions. This Agreement shall not violate: (1)
applicable Federal and State laws and as they may be amended from
time to time; (2) Statutes and Rules of the State Universities
Civil Service System of Illinois as they may be amended from time
to time; (3) the Statute of the State Universities Retirement
System and as it may be amended from time to time; (4) the
Bylaws, Statutes and Policies of the Board of Trustees of
Southern Illinois University and as they may be amended from time
to time.
ARTICLE 1 - RECOGNITION AND NON-DISCRIMINATION
1.1 Recognition
- The Employer recognizes the Union as
the exclusive bargaining representative for non-academic
employees in the following Civil Service classifications:
- Lead Plant Stationary
Engineer
- Stationary Engineer
- Stationary Fireman
- Stationary Fireman
Helper
- Swimming Pool Tender
- Central Systems Control
Operator
- Power Plant Instrument
Technician
- Characteristic duties and
responsibilities for employees in these classifications shall be
those set forth in the Class Specification Book of the State
Universities Civil Service System of Illinois, and as they may be
revised from time to time.
1.2 Non-discrimination
It is agreed that there shall be no
discrimination by the Union or the Employer against any employee
or applicant for employment with respect to hiring, firing, rate
of pay, work assignment, or any other term or condition of
employment for reasons of race, religion, color, sex, age, sexual
orientation, marital status, national origin, political
affiliation, disability or veterans status.
This Agreement shall be interpreted to
permit the reasonable accommodation of disabled persons as
required by state or federal law, including the Americans with
Disabilities Act (ADA). If a proposed accommodation will conflict
with an express provision of the Agreement, the parties, if
either requests, shall meet to discuss the proposed
accommodation.
The parties agree that any accommodation
made by the Employer or the Union with respect to job duties or
any other term or condition of employment shall apply only to the
person accommodated in the particular situation and shall not
apply to any other employee. The fact that any person is
accommodated, and the manner and method of such accommodation,
shall be without precedent and therefore may not be used or
relied upon by any person for any purpose at any time.
ARTICLE 2 - WAGES
2.1 Lead Plant Stationary Engineer,
Stationary Engineer, Stationary Fireman, Stationary Fireman
Helper and Power Plant Instrument Technician:
- Employees in the Stationary Engineer
and Power Plant Instrument Technician classifications will be paid 100%
of the state prevailing rate for the craft, as certified to the Illinois
Department of Labor and issued by that office.
- Employees in the Stationary Fireman
will be paid $1.20 per hour less than employees in the Stationary
Engineer classification.
- Employees in the Stationary Fireman
Helper classification will be paid 65% of the rate paid employees
in the Stationary Engineer classification to begin, and 75% after
successful completion of the probationary period.
- Employees in the Lead Plant Stationary
Engineer classification will be paid 10% per hour above the rate
paid employees in the Stationary Engineer classification.
- Employees in the Stationary Engineer
classification, designated by the Employer to be in charge during
their shifts, will be paid, for the hours actually worked and in
charge of a shift only, a premium of 5% per hour above their
regular rate.
2.2 Other Covered Classifications
Employees in the Swimming Pool Tender and
Central Utility Control Panel Operator I classifications will
receive 67% and 66%, respectively, of any wage adjustment,
expressed in dollars and cents, received by employees in the
Stationary Engineer classification.
2.3 Shift Differentials and Bidding
- Shift differentials for Central Control
personnel shall be ten cents per hour for the second shift and
twenty cents per hour for the third shift. Shift differentials
for Power Plant personnel shall be fifteen cents per hour for the
night shift for employees on the 12-hour rotating shift.
- Shift differentials for Swimming Pool
Tenders shall be eleven cents per hour for the second shift and
twenty-one cents per hour for the third shift.
- Bidding for shifts for Central Control
personnel and Swim Pool Tenders will be conducted in
January and July of each year. Bidding will be completed by the
seventh day of the month.
- When a permanent vacancy is declared,
the following procedures will be followed to fill the vacancy:
Eight-hour day shift engineer position(s)
will be filled by bid, unless the appointment of the highest
bidder will prevent the safe and efficient operation of the power
plant. If no employee on the twelve-hour rotating shift bids on
the opening, the position will be filled by the least senior
employee on the twelve-hour rotating shift or from the civil
service register.
Twelve-hour rotating shift engineer
position(s) will be filled by bid from employee(s) on the
eight-hour day shift. If no employee on the eight-hour day shift
bids on the opening, the position will be filled by the least
senior employee on the eight-hour day shift or from the civil
service register.
- Bidding for the 8-hour engineer’s
shift will be conducted in July of each year. Bidding will be
completed by the seventh day of the month.
ARTICLE 3 - BENEFITS IN ADDITION TO WAGES
3.1 Insurance
Health and life insurance benefits for
employees covered by this Agreement shall remain the same as
those provided other employees of the Employer.
3.2 Holidays
- The Employer recognizes the following
as holidays: Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, New Year's Day, Memorial Day, and five days
designated by the Chancellor of the University prior to
the beginning of the fiscal year.
- Employees covered by this Agreement
will be compensated 8 hours for the holidays cited in (a)
at their regular rates of pay, including any applicable shift
differential.
- An employee required to work on a
holiday cited in (a) will be compensated one and one-half times
the regular rate of pay for all hours worked, in addition to the
holiday pay provided in (b).
- For an employee to receive compensation
for a holiday, he must be in pay status the last scheduled work
day preceding the holiday and the first scheduled work day
following the holiday, unless absence on one or both of these
days is approved by the appropriate supervisor and Human
Resources.
- An employee required to work on an
overtime basis (outside his regularly scheduled shift) on a
holiday will be compensated at two and one-half times his regular
rate of pay for the hours worked. Compensation under this
provision shall be subject to the minimum provided by 4.3 (b), if
applicable.
3.3 Vacation With Pay
- Effective July 1, 1989, employees
covered by this Agreement will earn vacation in accordance with
the following schedule:
|
Year
of Service
|
Rate Earned
Per Hour of Pay-Status Service (Exclusive of Overtime) in
% hr.
|
Approximate
Leave Days Earned in One Year by a Full-time Employee
|
|
1
|
.0462
|
12
|
|
2
|
.0500
|
13
|
|
3
|
.0539
|
14
|
|
4
|
.0577
|
15
|
|
5
|
.0616
|
16
|
|
6
|
.0655
|
17
|
|
7
|
.0693
|
18
|
|
8
|
.0732
|
19
|
|
9
|
.0770
|
20
|
|
10
|
.0809
|
21
|
|
11
|
.0847
|
22
|
|
12
|
.0885
|
23
|
|
13
|
.0924
|
24
|
|
14
|
.0962
|
25
|
|
15
|
.1000
|
26
|
|
16
|
.1039
|
27
|
|
17+
|
.1077
|
28
|
- An employee cannot continue to accrue
vacation if he has credited to his account the amount of vacation
he would accrue in a two year period at his current rate of
accrual. Vacation will continue to accrue while an employee is
using vacation credits (and sick leave credits if applicable)
which were available at the beginning of a period of approved
vacation.
- The Employer will grant vacations
insofar as is possible in accordance with employees' preferences.
However, the approval of each vacation request will be at the
discretion of the departmental executive officer and as
operations permit.
- In the event of a change of status of
an employee, such as resignation, layoff of undetermined
duration, termination, death or retirement, the employee's
payroll records will be closed and a lump sum payment of all
earnings and accrued and unused vacation will be made.
3.4 Sick Leave
- Employees covered by this Agreement
will earn paid sick leave at the rate of 0.0462 hours for each
hour of pay status service (exclusive of overtime). The amount of
sick leave accumulated at the time any illness begins will be
available in full, and additional leave will continue to accrue
while an employee is using that already accumulated. There shall
be no limit on the amount of sick leave which may be accumulated.
- Sick leave compensation will be at the
normal rate of pay. An employee may use accrued sick leave for
personal illness or injury, for personal medical and dental
appointments, or when necessitated by an emergency illness or
injury of a member of the employee's immediately family. For this
purpose, "immediate family" shall include spouse,
child, parent, sibling, grandparent, grandchild, or corresponding
in-law, living in the employee's household.
- Employees who misuse sick leave may be
suspended or discharged. An Employee's supervisors or Human
Resources may require documentation from a physician, or
other administratively acceptable proof of illness, when there is
the appearance of misuse of sick leave. Employees receiving sick
leave pay may not work elsewhere without forfeiture of this pay,
except when outside employment has been approved by the
University.
- Sick leave benefits will apply only to
an employee's regular work schedule.
- Sick leave will be used in the
following order:
- Sick leave days earned and accrued before January 1, 1984;
- Sick leave days earned and accrued
on or after January 1, 1998;
- Sick leave days earned and accrued on or after January 1,
1984 and before January 1, 1998.
- Upon termination of employment for any
reason, an employee or employee's estate is entitled to be paid
for one-half of the unused sick leave which was accrued on or
after January 1, 1984 and prior to January 1, 1998.
- In addition to the regular sick leave
governed by (a) through (f) above, each employee covered by this
Agreement is eligible for an extended sick leave benefit (ESLB)
not to exceed twenty work days during a fiscal year (July 1 -
June 30). This benefit will apply to documented major illnesses
or injuries of the employee only. An employee seeking to use the
ESLB must
supply acceptable medical evidence of such
illness or injury requiring absence from work, including the
inclusive dates of anticipated absence, as well as properly
completed absence-with-pay request forms. Each such request shall
be subject to the approval of the employee's department and Human
Resources.
The ESLB will be available for use
beginning on the eleventh consecutive work day of absence
caused by such major illness or injury. The first ten days
of absence must be accounted for by accrued regular sick leave,
accrued vacation, or absence without pay.
If an employee returns to work before
exhausting the ESLB, the unused portion of the twenty work days
will be available for use for a second major illness or injury in
that fiscal year, again beginning on the eleventh consecutive
day of absence. ESLB may not be carried over from one fiscal year
into the next. If an absence covered by ESLB extends from one
fiscal year into another, the employee must return to work before
becoming eligible for an additional 20 days ESLB in the second
fiscal year.
- The Employer reserves the right to
require an employee to undergo medical examination, at the
Employer's cost, for the purpose of ascertaining if the employee
is physically and/or mentally fit to perform the duties of his
position.
3.5 Funeral Leave
- A leave of up to three days with pay
will be granted for an employee covered by this Agreement to
attend the funeral of a member of the immediate family or
household. For this purpose, the immediate family is defined as
the spouse, child, parent, sibling, grandparent, grandchild, and
corresponding in-laws. Household is defined as anyone maintaining
a family relationship living in the employee's home. Approval
will be granted for leave with pay of one day to attend the
funeral of a relative outside of the immediate family or
household as defined above.
3.6 Jury Duty
- Employees covered by this Agreement
called for jury duty or subpoenaed by any legislative, judicial,
or administrative tribunal, will be allowed time away from work
with pay for such purposes.
- For employees on the day shift of the
12-hour rotating shift:
If the employee is released from jury
duty no later than 1 p.m., the employee is expected to return
to work for the duration of his/her shift.
If the employee is released from jury
duty after 1 p.m., the employee is not expected to return to
work for the duration of his/her shift.
- For employees on the night shift of the
12-hour rotating shift, on the evening following jury duty, the
employee will not be expected to work.
3.7 Military Obligation
- A leave of absence with pay will be
granted for the fulfillment of an employee's annual military
obligation in any component of the armed forces of the United
States. Compensation for such leave will be computed at the
employee's normal rate of pay, not to exceed ten working days per
fiscal year. When an employee is activated in any component of
the armed forces of the United States because of civil
disturbance, disaster, or other local emergency, the employee may
be compensated for this duty in addition to the annual military
obligation. The accumulative maximum of leaves of absence under
this section shall not exceed twenty working days per fiscal
year.
- An employee is entitled to the right of
continued employment or reinstatement after performing military
service as provided under federal and state law.
3.8 Administrative Closure
In the event the employer declares a
partial or total closure of the University campus under its
Administrative Closure Procedure, the following conditions will
apply to employees covered by this Agreement:
- Employees regularly scheduled to work
but not required to work during the closure will be paid their
regular wages.
- Employees regularly scheduled to work
and required to work during the closure will receive additional
compensation at their regular rates of pay for the hours worked.
- Employees not regularly scheduled to
work who are required to work on an overtime basis during the
closure will be compensated at two and one-half times their
regular rates of pay for the hours worked.
3.9 Tuition Waiver
- Employees covered by this Agreement
shall be eligible for waiver of tuition and some fees, subject to
the following conditions:
- Each such request for tuition waiver
and any attendant request for release time from work is subject
to the approval of the employing department and Human Resources.
Waiver may also be restricted by rule of the relevant academic
department, such as the Graduate School.
- Not more than one course requiring not
more than five clock hours per week may be taken during the
employee's normal working hours. All such work time must be made
up in a manner mutually agreeable to the employee
and his supervisors or charged against the employee's accrued
vacation time. The lunch period is not considered as part of
normal working hours for this purpose, but
"breaks" or "rest periods" are.
- An employee must be employed for the
entire duration of the semester or session to be
eligible for tuition waiver.
- Surviving spouses and dependent
children of deceased SIUC employees are eligible for tuition
waivers exclusive of fees for a period not to exceed eight
semester under the following conditions:
- A "deceased University
employee" is defined as one who at the time of death was
in active pay status, in retirement status, or in disability
status, and who had served the University for at least five years
in a full-time capacity.
- Children must be natural born or
adopted children who were considered dependents of the deceased
for federal income tax purposes, or foster children who were
supported by and living in the home of the deceased employee
for at least five years and were considered dependents for federal
income tax purposes.
- Spouses and children are not eligible
for tuition waiver under this section if they are employed by
the University in any capacity other than as student employees
or are receiving aid under a program that provides tuition
reimbursement.
- Children shall not be eligible for
participation if they have passed the age of 22 at the time of
the death of the employee unless they are enrolled in the
University at the time of death. Eligibility of dependent
children shall terminate at age 28.
- Each natural, adoptive, or step-child
of an employee is eligible for a fifty percent tuition waiver
subject to the following conditions:
- The employee must have been employed by
Southern Illinois University for at least seven years.
- The child must be under the age of 25
at the beginning of the academic year for which the waiver is
requested.
- The waiver is limited to eight
semesters plus four summer sessions, undergraduate tuition only.
- The child must qualify for admission to
the University under the same admission requirements which the
University applies generally to its respective undergraduate
colleges, and must maintain satisfactory academic progress toward
graduation once admitted.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
4.1 For employees in the Lead Plant
Stationary Engineer; Stationary Engineer, Stationary Fireman and
Stationary Fireman Helper assigned to an eight-hour day shift;
Power Plant Instrument Technician; and Central Systems Control
Operator classifications:
- Eight consecutive hours shall
constitute a day's work. Employees shall work a forty hour weekly
schedule. A shift shall count in the work week in which it
begins.
- Eight-hour day shifts in the
Power Plant itself shall be from 7:00 a.m. to 3:00 p.m. The work
week shall begin at 12:00 a.m. Saturday night and end at 12:00
a.m. the following Saturday night.
- Shifts in Central Control shall be from
7:30 a.m. to 3:30 p.m., 3:30 p.m. to 11:30 p.m., and 11:30 p.m.
to 7:30 a.m. The work week shall begin at 11:30 p.m. Saturday
night and end at 11:30 p.m. the following Saturday night.
- The regularly assigned forty
hour work week shall be compensated at the straight time rate of
pay. All other hours worked in excess of 40 hours per week shall
be compensated at one and one half times the normal rate of pay,
including any applicable shift differential, except that hours
worked in excess of forty-eight in a work week shall be
compensated at double the normal rate of pay, including any
applicable shift differential.
- Regularly assigned work hours spent in
approved paid leave status will count as hours worked for the
purpose of determining when premium pay for overtime is due. No
unit of time will be counted more than once for the purpose of
determining when premium pay for overtime is due.
4.2 For employees in the Stationary
Engineer, Stationary Fireman, and Stationary Fireman Helper
classifications assigned to a rotating shift:
- Employees shall work a 42 hour weekly
schedule consisting of three 12-hour days and one 6-hour day.
Shifts for these employees shall be from 7 p.m. to 7 a.m. and
from 7 a.m. to 7 p.m. on the 12-hour days and from 7 p.m. to 1
a.m. or from 1 a.m. to 7 a.m. and from 7 a.m. to 1 p.m. or from 1
p.m. to 7 p.m. on the 6-hour days. The workweek shall begin at 7
p.m. Saturday night and end at 7 p.m. the following Saturday
night. A shift shall count in the work week in which it begins.
- Shift assignments will be made by
management, taking seniority, employee preference, and the skill
and experience mix of employees on the shift into consideration.
Management will meet with designated representative(s) of the
union and attempt to resolve any problem(s) related to shift
assignment to the mutual satisfaction of both parties.
- For absences and for vacation relief of
Stationary Engineers, the Fireman with the most seniority, when
practical, shall be promoted to fill the vacancy and shall
receive the Stationary Engineer rate of pay. A Stationary
Engineer may work at a Fireman's job for emergency or vacation
relief but shall receive no loss in pay. This will not be used to
avoid payment of overtime.
- A Lead Plant Stationary Engineer will
retain his regular rate of pay when working in place of a
Stationary Engineer. A Stationary Engineer temporarily upgraded
to Lead Plant Stationary Engineer will receive the rate of pay
for the latter classification when so upgraded.
- The first forty hours worked shall be
compensated at the straight time rate of pay. All other hours
worked in excess of 40 hours per week shall be compensated at one
and one half times the normal
rate of pay,
including any applicable shift differential, except that hours
worked in excess of forty-eight in a work week shall be
compensated at double the normal rate of pay, including any
applicable shift differential.
- Regularly assigned work hours spent in
approved paid leave status will count as hours worked for the
purpose of determining when premium pay for overtime is due. No
unit of time will be counted more than once for the purpose of
determining when premium pay for overtime is due.
4.3 For employees in the Swimming Pool
Tender classification:
- Seven and one half hours, not including
an unpaid lunch period, shall constitute a day's work. Employees
shall work a thirty seven and one half hour weekly schedule.
Shifts for Swimming Pool Tenders in the Student Recreation Center
shall be from 7 a.m. to 3 p.m., 3 p.m. to 11 p.m. and 11 p.m. to
7 a.m. Shifts for Swimming Pool Tenders in Pulliam Hall shall be
from 6 a.m. to 2 p.m. and 2 p.m. to 10 p.m. The work week shall
begin at midnight Saturday night and end at midnight the
following Saturday night. A shift shall count in the work week in
which it begins.
- The regularly assigned thirty seven and
one half hour work week shall be compensated at the straight time
rate of pay. All other hours worked shall be compensated at one
and one half times the normal rate of pay, including any
applicable shift differential, except that hours worked in excess
of forty-five in a work week shall be compensated at double the
normal rate of pay, including any applicable shift differential.
- Regularly assigned work hours spent in
approved paid leave status will count as hours worked for the
purpose of determining when premium pay for overtime is due. No
unit of time will be counted more than once for the purpose of
determining when premium pay for overtime is due.
4.4 For employees in all classifications
covered by this Agreement:
- Overtime work will be divided as
equally as is practicable among the employees in each
classification. The Lead Plant Stationary Engineer will be in the
Stationary Engineer overtime rotation. Employees will not be laid
off during regularly assigned working hours to equalize overtime.
- An employee called in to begin work
before the start of his/her assigned shift shall receive a
minimum of two hours pay; if the extra time worked exceeds two
hours he/she shall receive four hours pay. An employee called
back after the completion of his/her shift shall receive four
hours pay; if the time worked exceeds four hours, he/she shall
receive pay for the actual time worked.
- In the event an employee's assigned
work schedule is changed with less than 48 hours notice relative
to the beginning of the shift from which he is to be changed,
he/she shall receive one and one half times the normal rate,
including any applicable shift differential, for the first shift
of the new schedule. Any reassignment of shift for vacation or
sick relief shall be compensated at one and one half times the
normal rate, including any applicable shift differential, for the
first shift worked on the reassignment. If an employee is
entitled to receive overtime pay for the first shift on his/her
new schedule as provided in the foregoing, and is also entitled
to the overtime rate for that shift for some other reason, then
he/she shall be paid the overtime rate for time worked on the
second shift of his/her new schedule, as compensation for the
schedule change.
- Work schedules for the five positions
in the Swimming Pool Tender classification, the one position in
the Lead Plant Stationary Engineer classification and two
positions in the Central Systems Control Panel Operator
classification in existence on January 1, 1993 will remain
the same unless changed by mutual consent of the employer and
union. The schedule for any position added beyond those existing
January 1, 1993 will be the prerogative of management. Employees
in Stationary Engineer, Stationary Fireman, and Stationary
Fireman Helper classifications will work rotating shifts in
accordance with the schedule provided in 4.4 (e). Rotation will
occur every four weeks.
ARTICLE 5 - SENIORITY
5.1 Seniority, for all purposes under this
Agreement, will be interpreted and calculated according to the
Statute and Rules of the State Universities Civil Service System
as published in the most recent edition. If the sections of the
Statute or Rules applicable to seniority are amended by law or
through action of the Civil Service System during the term of
this Agreement, the Agreement will automatically be reopened for
the renegotiation between the parties of those of its provisions
which are affected by such amendment.
5.2 A Stationary Engineer designated to be
in charge during a shift on a given day will be the most senior
Engineer regularly assigned to that shift on that day. Exceptions
to this rule may be made by mutual agreement of the Employer and
the Union.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 A grievance is defined to be any
dispute between the Employer and the Union, or between the
Employer and any employee(s) represented by the Union over (1)
wages, hours, or other terms and conditions of employment, or (2)
the administration or interpretation of this Agreement. It is
preferable that grievances be resolved informally at the level on
which they occur. If this is not possible in any individual case,
the following procedure will be observed:
Step 1. An employee and/or a representative
of his/her choice shall first present any such matter to the
immediate supervisor. This step should be taken at the earliest
possible date. The immediate supervisor must render a decision
and reasons for the decision within two (2) working days.
Step 2. If the grievance is not
satisfactorily resolved, the employee may submit the grievance in
writing to his/her head of department (i.e., Dean or Director).
This must be done within five (5) working days after the receipt
of the decision in Step 1. The department head is to review the
facts and render a decision and reasons for the decision in
writing to the employee within five (5) working days after the
receipt of the grievance.
Step 3. If the grievance is not
satisfactorily resolved at Step 2, the grievance may be submitted
in writing to the University Human Resources Office designee.
This must be done within five (5) working days after the receipt
of the decision in Step 2. Human Resources shall arrange a
meeting with both the employee and his/her representative, and
with the administrative officers involved, to be held within five
(5) working days after receipt of the grievance. The employee
must be notified in writing of the decision and reasons for the
decision within five (5) working days after the meeting.
Step 4a. If the grievance is not
satisfactorily resolved at Step 3 and concerns the application or
interpretation of the Statute and Rules of the State Universities
Civil Service System of Illinois, the employee(s) or the Union
shall, if the matter is to be pursued, present the issue(s)
involved in the dispute to the Director of the System for
resolution.
Step 4b. If the grievance is not
satisfactorily resolved at Step 3 and concerns the administration
or interpretation of this Agreement, the Union may submit the
grievance to final and binding arbitration through the American
Arbitration Association or an arbitrator from the Illinois
Educational Labor Mediation Roster which
shall act as the administrator of the proceedings. If a demand
for arbitration is not filed within thirty (30) days of the date
for the Step 3 answer, then the grievance shall be deemed
withdrawn.
- The arbitrator shall have no power to
alter the terms of this Agreement.
- The costs of such arbitration shall be
borne equally by the Employer and the Union, except as otherwise
provided by the rules promulgated by the Illinois Educational
Labor Relations Board.
6.2 An employee has the right to
representation at all steps of the grievance procedure.
6.3 If no answer is received at any step
within the specified time, the grievance shall automatically go
to the next step.
6.4 A time extension(s) may be taken at any
step of the grievance procedure by mutual consent of the Employer
and the Union.
6.5 No reprisal(s) shall be taken by the
University against any employee because of his/her participation
in a grievance.
6.6 When a grievant and/or his/her
representative is required by Steps 1 through 4a of the above
procedure to attend a meeting during his/her regularly scheduled
work assignment, such persons shall be released without loss of
pay or benefits for the length of that meeting, including
reasonable travel time. Such paid release time shall not apply to
any arbitration proceeding at Step 4b.
6.7 A grievance may be withdrawn at any
step. Such withdrawal shall not constitute a determination of the
merits of the grievance.
6.8 All records related to a grievance
shall be filed separately from the official personnel file of the
employee. Upon the request of an employee one year or more after
the initial filing of a grievance, all record of that grievance
shall be removed from that employee's departmental file.
ARTICLE 7 - UNION RESPONSIBILITY
In consideration of the foregoing, the
Union agrees that all employees under the terms of this Agreement
shall perform their duties in a faithful and workmanlike manner.
They will start the machinery and equipment in their charge at
the proper time required by the official of the Employer and keep
their respective plants and equipment in proper working order.
ARTICLE 8 - LIFE OF THE AGREEMENT
This Agreement shall remain in full force
and effect through June 30, 2002. It shall be renewed
automatically thereafter from year to year unless either party
submits to the other a request, in writing, to reopen
negotiations at least sixty (60) days prior to the expiration
date. The Agreement may be reopened by mutual agreement of both
parties at any time.
ARTICLE 9 - CONTINUITY OF OPERATION
9.1 There shall be no cessation of work
through strikes, non-productive holidays, etc., on the part of
the employees or lockouts on the part of the University during
the period of this Agreement. Should any employee or employees be
found guilty of participation in any violation of this Article,
the University may take such disciplinary action (including
discharges) as in its judgment is proper.
9.2 The Union will not be subject to
financial liability for any unauthorized violation of this
Article provided it performs its obligations as set forth herein.
9.3 In the event of the occurrence of any
unauthorized action in violation of the above paragraphs, the
Union agrees to inform the employees immediately that such action
is not authorized and to hand promptly to the University a letter
advising that such action is not authorized by the Union. The
Union further agrees to exercise all reasonable efforts to bring
about immediate cessation of such violation of this Provision.
ARTICLE 10 - MISCELLANEOUS
10.1 In the event that any additions are
made in the future to the Boiler House, including power,
environmental control, or other facilities, it will immediately
upon completion, be operated and maintained by the Operating
Engineers. This will not preclude the use of experimental
projects, or other research by the University.
10.2 The Lead Plant Stationary Engineer
shall continue to exercise the overall authority and
responsibility of that position when working overtime in relief
of a Stationary Engineer.
10.3 Management will determine and maintain
appropriate staffing levels to insure the safe and efficient
operation of the power plant. Four Engineers will routinely be
assigned to each twelve-hour rotating shift. In the event of the
absence of a regularly scheduled employee, the following staffing
will normally be maintained.
Four Engineers:
- No. 5 boiler and any additional coal
fired boiler in operation
Three Engineers:
- No. 5 boiler and No. 4 (gas) boiler in
operation
- No. 5 boiler only in operation
- Any combination of boilers 2, 3, and/or
4 in operation
Two Engineers:
- No. 4 boiler only in operation
10.4 It is understood that the twelve hour
work schedule as provided in this contract may result in issues
regarding benefits and terms and conditions of employment which
were neither anticipated nor discussed during negotiations. The
parties agree to meet and attempt to resolve such issues on a
timely basis and to the mutual satisfaction of both parties.
MEMORANDUM OF UNDERSTANDING
The University agrees to promote all
qualified employees in the Stationary Fireman classification to
Stationary Engineer to coincide with the implementation of the
12-hour rotating work schedule. Employees must have taken and
passed the civil service examination for Stationary Engineer in
order to qualify for the promotion. The University will apply to
the State Universities Civil Service System for approval of a
trainee appointment as a Stationary Engineer for any Stationary
Fireman who does not qualify for the Stationary Engineer
classification.
Promotions to Stationary Engineer will be
implemented to preserve the current order of seniority of the
Stationary Firemen, with the most senior Fireman reclassified
first, followed by the next most senior the following day, etc.
until all have been promoted.
Letter of Intent
When the rotating twelve-hour shift
schedule is intially implemented, there will be two eight-hour
day shift positions. The days of work for one position will be
Sunday through Thursday. The days of work for the other position
will be Tuesday through Saturday. The most senior Engineer on the
day shift will have first choice of days of work. Should one of
the positions be eliminated the hours of work for the remaining
position will be Monday through Friday.
When a shift leader resigns or retires, the
most senior Engineer remaining on his/her shift rotation will
become the shift leader for the shift of the resigning/retiring
shift leader. The opening created by that change will be filled
in accordance with the following language which is included in
the new contract:
"Twelve-hour rotating shift engineer
position(s) will be filled by bid from employee(s) on the
eight-hour day shift. If no employee on the eight-hour day shift
bids on the opening, the position will be filled by the least
senior employee on the eight-hour day shift or from the civil
service register."
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