1991-1994

AGREEMENT

BETWEEN

THE BOARD OF CONTROL

OF

FERRIS STATE UNIVERSITY

AND

AFSCME - AFL-CIO

COUNCIL 25

LOCAL UNION NO. 1609

f lgan state Unive^tyLABOR ANL INDUSTRIAL

RELATIONS LIBRARY

1991 - 1994

AGREEMENT

BETWEEN

THE BOARD OF CONTROL

OF

FERRIS STATE UNIVERSITY

AND

AFSCME - AFL-CIO

COUNCIL 25

LOCAL UNION NO. 1609

TABLE OF CONTENTS

Article Page

Purpose and Intent 1 1Recognition 2 1

Employees Covered 2 1Definition of Terms 3 2

Employee and Employees 2Temporary Employee 2Part-Time Employees 2

Management Rights 4 2Rules 3Subcontracting 3

Other Agreements 5 4Aid to Other Unions 6 4Union Security 7 5

Requirements of Union Membership. 5Union Dues and Initiation Fees 8 6

Payment of Check-off or Directto the Union 6

Check-off Form 6Deductions 6Delivery of Executed Authorizationof Check-off Form 6

When Deductions Begin 7

Delivery of Additional Check-offForms 7

Refunds 7Remittance of Dues to Secretary-Treasurer 1

Limit of Employer's Liability.... 7Union Representation 9 7

Number of RepresentationDistricts 7

Special Conferences 10 9Grievance and Arbitration Procedure. 11 10

Definition - Grievance 10Definition - Day 10Definition - ProbationaryEmployee 10

Grievance Time Limits and ProbationaryEmployees 10

Grievance Steps and List ofArbitrators 11

Meeting 11Pre-Arbitration Conference HArbitration 12

Discharge or Discipline 12 13Discharge or Disciplinary Layoff. 13

Seniority 13 14Seniority Defined 14Probationary Employees 14Seniority Lists 14

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Page

Loss of SenioritySeniority of Union OfficialsJob Posting, Bidding, Transfers and

Shift PreferenceJob Posting and BiddingTransfers .Temporary AssignmentsSummer Lateral TransfersSkilled Trades

Layoff and RecallRecall Procedure

New, Changed or Eliminated JobClassification

Leaves of AbsencePersonal LeaveMedical Leave of AbsenceLeave for Union Business .Maternity LeaveUnion Educational LeaveMedical Dispute ,Leaves of Absence - General

Student Employees "...Working Hours ,

Workday and Workweek •Shift DifferentialShift HoursRest PeriodsWash-Up TimeCall-in PayTime and One-HalfEqualization of Overtime Hours..

VacationsHolidaysGroup Life InsuranceHealth Insurance

Dental InsuranceMedical Reimbursement Program...Long-Term Disability Insurance..Vision Plan

RetirementTuition Waiver.Jury DutyFuneral LeaveUniformsSafety CommitteeSick Leave

Sick Leave CreditRecord and Reports

1415

16

17

1819

2021

22232425

26272829303132

1515

1616181919212123

232424242525252526262727272728282828293132333434353536363637373839393941

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Personal Leave Day 33Longevity Pay 34

Longevity Pay ScheduleWork by Supervisors 35Nine Month Employment 36Miscellaneous 37

Union Bulletin BoardsLimit on Use of Bulletin Boards...Non-DiscriminationUse of FacilitiesSavings Clause

No-Interference and No-LockoutGuarantee 38

No-InterferenceNo-Lockout

Duration of Agreement 39

4142434344454545454646

46464646

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AGREEMENT

THIS AGREEMENT, entered into, effective the 22nd day ofNovember, 1991, by and between the Board of Control ofFerris State University, hereinafter referred to as the"Employer" and Local Union 1609, and Michigan Council 25,American Federation of State, County and MunicipalEmployees, AFL-CIO, hereinafter referred to as the "Union".

Article 1 - PURPOSE AND INTENT

Section 1.

The general purpose of the Agreement is to set forthterms and conditions of employment and to promote orderlyand peaceful labor relations for the mutual interest of theEmployer, the employees, and the Union.

The parties recognize that the interest of the Employerand the job security of the employees depend upon theEmployer's success in establishing a proper service to theState. To these ends, the Employer and the Union encourageto the fullest degree, friendly and cooperative relationsbetween the respective representatives at all levels andamong all employees.

Accordingly, the officials representing the Employerand the Union will, from time to time during the life ofthis Agreement at the request of either and the mutualconvenience of both, meet for the purpose of appraising theproblems which have arisen in the application,administration and interpretation of this Agreement andwhich may be interfering with the attainment of their jointobjectives as set forth above. Such meetings shall not befor the purpose of conducting continuing collectivebargaining negotiations, nor to in any way modify, add to,or detract from the provisions of this Agreement. Suchmeetings shall be conducted as a Special Conference inaccordance with Article 10, Section 1.

Article 2- RECOGNITION

Section 1. - Employees Covered

Pursuant to and in accordance with all applicableprovisions of Act 379 of the Public Acts of 1965, asamended, the Employer does hereby recognize the Union as theexclusive bargaining representative for the purpose ofcollective bargaining in respect to rates of pay, wages,hours of employment, and other conditions of employment forthe term of this Agreement for all employees of the Employerincluded in the following bargaining units:

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Non-faculty employees of Ferris State University,excluding those employees in executive, administrative,supervisory, clerical, public safety, nursing, and halldirector positions.

The Union has a list of employees it believes should becovered by the union contract. Both parties have agreed tomeet within sixty (60) days after the signing of thecontract to review the list.

Article 3. - DEFINITION OF TERMS

Section 1.

The terms "employee" and "employees" as used in thisAgreement (except where the Agreement clearly indicatesotherwise) shall mean regular employees within thebargaining unit represented by the Union, except certaintemporary and part-time (as provided for elsewhere herein)employees who are excluded from the bargaining unit.

Section 2.

The term "temporary employee" as used in thisAgreement, shall mean an employee whose employment is fulltime and is limited in duration and is established for aspecific purpose. Such full-time, temporary employees shallnot initially be employed for longer than six consecutivemonths. Any temporary full-time employee who works longerthan six (6) consecutive months shall become a member of thebargaining unit and shall have accumulated seniority fromthe date of hire as a temporary employee. Such employeesshall be credited with vacation time and sick time for thatsix (6) month period. Temporary employees will not be usedto cause the lay-off or reduction in hours of any employeein the bargaining unit.

Section 3.

Part-time employees, excluding food service subs, shallmean an employee who is normally not scheduled to work morethan twenty (20) hours per week.

Part-time employees shall not be members of thebargaining unit. However, no full-time existing positionwill be changed to two (2) or more part-time regularpositions, nor shall part-time employees be used toeliminate regular bargaining unit positions.

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Article 4 - MANAGEMENT RIGHTS

Section 1.

The Union recognizes that the Employer reserves andretains, solely and exclusively, all rights to manage anddirect its work force and the affairs of the University,except those expressly modified by this Agreement. Thesereserved rights shall include (by way of illustration onlyand not to be limited to) the determination of policies,operations, work assignments, work schedules, rules andregulations, for the proper and efficient functioning of theUniversity and its work force. The Union agrees tocooperate with the University at all times in maintainingdiscipline and increasing efficiency and productivity.

Section 2. - Rules

The Employer shall have the right to make suchreasonable rules and regulations not in conflict with thisAgreement as it may from time to time deem best for thepurpose of maintaining order, safety and/or effectiveoperations and put each into effect after advance notice tothe Union and the employees.

Section 3. - Subcontracting

It is agreed between AFSCME Local 1609 and FSU that theUnion and the employer will follow the procedures outlinedbelow when subcontracting work which is regularly performedby bargaining unit members:

1. The Employer shall provide the president of thebargaining unit with written notification of theproposed subcontracting at least seventy-two (72)hours in advance of subcontracting. Exceptions tothe 72 hour notice provision may be made in theevent a situation arises that could lead to thedamage of property and/or personal injury.Subsequent to notification, and upon request bythe Union, the Employer will furnish the followinginformation:

A. Available descriptive material, such as,plans, specifications, sketches, etc.,associated with the work being considered forsubcontracting.

B. Proposed time limits for project completion.

C. List of trades anticipated to be required forcompletion of work.

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2. The Employer must review the following factorswhen determining whether or not to subcontractwork regularly performed by bargaining unitmembers.

A. The ability or skills of AFSCME personnel toperform the work.

B. The ability of AFSCME personnel to do thework within a specified time period duringregular time and/or overtime, and withoutunreasonably delaying their regularassignments.

C. Whether AFSCME personnel can compete with thesubcontractor's cost to accomplish the work.

D. The inability or unavailability of AFSCMEpersonnel to do portions of the work to besubcontracted. The Employer shall alsoconsider the reasonableness of separating thework so that a subcontractor performs aportion of the work and AFSCME personnelperform another portion of the work.

3. Upon receipt of the Employer's notification of itsintent to subcontract, the union may, within 24hours, request a meeting with the supervisor whoprovided the notification of subcontracting to theUnion. The purpose of the meeting shall be todiscuss the four (4) factors set out in paragraph2 (A-D) and to afford the Union an opportunity tomake a proposal or adjustment which wouldeliminate the need to subcontract.

Article 5 - OTHER AGREEMENTS

Section 1.

There are no verbal or written understandings oragreements which are binding on either the Employer or theUnion other than the written agreements enumerated orreferred to in this Agreement. No further agreement shallbe binding on either the Employer or the Union until it hasbeen put in writing and signed by both Employer and theUnion.

Section 2.

All supplemental agreements shall be subject to theapproval of the Employer, Local 1609, and the Council and/orInternational Union. They shall be approved or rejectedwithin a period of ten (10) days following the date they areoffered.

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Article 6 - AID TO OTHER UNIONS

The Employer will not aid, promote or finance any laborgroup or organization which purports to engage in collectivebargaining or make agreements with such group ororganization regarding covered employees for the purpose ofundermining the Union.

Article 7 - UNION SECURITY

Section 1. - Requirements of Union Membership

To the extent that the laws of the State of Michiganpermit, it is agreed that employees covered by the Agreementshall either become Union members as described insubparagraph (1) below or shall pay an agency fee to theUnion as described in subparagraph (2) below.

(1) Employees who choose to become Union members shallas a condition of employment, beginning on thesixtieth (60th) day from their date of hire orwithin sixty (60) days from the effective date ofthis Agreement, whichever is later, be required topay the Union for the duration of the Agreement,the uniform dues, initiation fees, and assessmentshereafter levied by the Union of all members.

(2) Any employee who chooses not to become a member ofthe Union shall, as a condition of employment,within sixty (60) days from his/her date of hire,or within sixty (60) days of the effective date ofthis Agreement, whichever is later, be required topay to the Union a representation fee to beestablished by the Union in accordance withapplicable law and certified to the University bythe Union. Such representation fee for the firstmonth shall be in an amount equal to the regularand usual monthly dues.

Section 2.

The Union shall indemnify the University and hold itharmless against any and all suits, claims, demands, andliabilities that shall arise out of, or by reason of, theadoption of the foregoing agency shop provision, or thatshall arise out of or by reason of, any action that shall betaken by the University for the purpose of complying withthe foregoing agency shop provision or in reliance on anynotice or assessment which shall have been furnished to theUniversity under the foregoing provision.

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Section 3.

The University will notify the Union of the employmentof each full-time bargaining unit member. At the end of thesix (6) month period applicable to temporary full-timeemployees, the University will notify the Union of the namesof temporary full-time employees who will then becomemembers of the bargaining unit.

Section 4.

The Employer, each month, shall provide the Union,Local 1609, with an alphabetical listing of employees thatunion dues or representation fee deductions were made.

Article 8 - UNION DUES AND INITIATION FEES

Section 1. - Payment of Check-off or Direct to the Union

Employees may tender the initiation fee uniformlyrequired as a condition of acquiring membership in the Unionand monthly membership dues by signing the Authorization forCheck-off of Dues Form, or may pay the same directly to theUnion.

Management shall provide to the Union at least two (2)weeks before graduation a list of bargaining unit employeeswho will not work during the summer.

Section 2. - Check-off Form

During the life of this Agreement and in accordancewith the terms of the form of Authorization of Check-off ofDues hereinafter set forth, and to the extent the laws ofthe State of Michigan permit, the Employer agrees to deductUnion membership dues levied in accordance with theconstitution and Bylaws of the Union from Authorization forCheck-off of Dues Form which is consistent with the terms ofthis Agreement and does not impose restrictions of freechoice upon employees.

Section 3. - Deductions

Deductions shall be made only in accordance with theprovisions of said Authorization for Check-off dues,together with the provisions of this Agreement. TheEmployer shall have no responsibility for the collection ofinitiation fees, membership dues, special assessments, orany other deductions not in accordance with this provision.

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Section 4. - Delivery of Executed Authorization of Check-offForm

A properly executed copy of such Authorization forCheck-off of Dues form for each employee for whom the Unionmembership dues are to be deducted hereunder shall bedelivered to the Employer before any payroll deductions aremade. Deductions shall be made thereafter only underAuthorization for Check-off Dues forms which have beenproperly executed and are in effect. Any Authorization forCheck-off of Dues which is incomplete or in error will bereturned to the Council 25 Secretary-Treasurer by theEmployer.

Section 5. - When Deductions Begin

Check-off deductions under all properly executedAuthorization for Check-off of Dues forms shall becomeeffective at the time the application is tendered to theEmployer and shall be deducted from the first (1st) pay andeach pay thereafter.

Section 6. - Delivery of Additional Check-off Forms

The Union will provide to the Employer any additionalAuthorization for Check-off of Dues forms under which theUnion membership dues are to be deducted.

Section 7. - Refunds

In cases where a deduction is made that duplicates apayment that an employee already has made to the Union, orwhere a deduction is not in conformity with the provisionsof the Union Constitution or Bylaws, refunds to theemployees will be made by Council 25.

Section 8. - Remittance of Dues to Secretary-Treasurer

Deductions for any calendar month shall be remitted tothe designated Secretary-Treasurer of Council 25 as soon aspossible after the first of the succeeding month. TheEmployer shall furnish the designated financial officer ofCouncil 25, monthly, with a list of those for whom the Unionhas submitted signed Authorization for Check-off for Duesforms, but for whom no deductions have been made.

Section 9. - Limit of Employer's Liability

The Employer shall not be liable to the Union by reasonof the requirements of this Agreement for the remittance orpayment of any sum other than that constituting actualdeductions made from wages earned by employees.

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Article 9 - UNION REPRESENTATION

Section 1. - Number of Representation Districts

The number of representation districts in the unitshall be twenty-nine (29) Stewards and five (5) ChiefStewards, unless the number is increased or decreased byagreement between the Employer and the Union.

It is mutually recognized that the principle ofproportional representation which reflects the increase anddecrease in the work force is a sound and sensible basis forimplementing this section of the Agreement. Changes in the"agreed" number of representative districts will be bymutual agreement.

Section 2.

In each district, as listed in Exhibit D., employeesshall be represented by one (1) Steward who shall be aregular employee and working in that district. When theestablished weekly work schedule calls for overtime work inexcess of two (2) hours by more than one (1) employee of thedistrict, the Steward (or in the absence of the Steward, theAlternate Steward previously designated by the Union) shallbe scheduled to work the overtime hours, provided there iswork that can be performed within that employeeclassification.

Section 3.

The District Steward, or in the absence of the DistrictSteward, the Alternate District Steward, during theirworking hours, without loss of time or pay and with priorapproval of their supervisor, may in their own district, inaccordance with the terms of this section, presentgrievances to the Employer representative in that area. Thesupervisor will normally grant permission and provide areasonable time to the Stewards to leave their work toreceive a grievance from an employee; on-the-jobinvestigation by the Steward, limited to the time necessaryto check the facts, will be permitted, provided the Employerrepresentative previously has been made aware of thespecific complaint and has failed to act as requested. Theprivilege of Stewards leaving their work during workinghours without loss of time or pay is subject to theunderstanding that the time devoted to the proper handlingof grievances will not be abused; and Stewards will performtheir regularly assigned work at all times, except whennecessary to leave their work to handle grievances asprovided herein.

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Section 4.

The Chief Steward or, in the absence of a ChiefSteward, an Alternate Steward, may be designated to discussgrievances with designated Employer representatives for eachof the following areas:

1. Food Service - all shifts

2. Custodial Service - day shift

3. Physical Plant, excluding cleaningservice - all shifts

4. All classifications in bargaining unit between thehours of 4:00 p.m. and 8:00 a.m.

5. All Clerks and Coordinators

A Chief Steward or, in the absence of a Chief Steward, anAlternate Steward, may leave his/her work during workinghours without loss of pay for these discussions if his/herimmediate Supervisor has granted him/her permission, thatthe time will be devoted to the prompt handling ofgrievances and that he/she will perform his/her regularlyassigned work at all times except when necessary to leavehis/her work as provided herein.

Section 5.

The Union will furnish the Office of the GeneralCounsel with the names of its authorized representatives andmembers of its Grievance Committees, and such changes as mayoccur from time to time in such personnel, so that theEmployer may at all times be advised as to the authority ofthe individual representatives of the Union with which itmay be dealing. The Employer will, in return, through itsadministrative heads of the units, keep the Union advised asto its representatives.

Section 6.

When the Steward or Alternate Steward is the grievant,the Chief Steward or his/her alternate will be thedesignated Union representative. Such designatedrepresentatives shall be allowed to investigate and presentgrievances to the Employer in accordance with the grievanceprocedure and other provisions of this article.

Article 10 - SPECIAL CONFERENCES

Special conferences for important matters will bearranged between the Local President and the General Counsel

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or a designated representative at mutually convenient timesand places when there are important matters to discuss.Such meetings shall be between the General Counsel andwhomever else he/she appoints and two (2) representatives ofthe Union. Arrangements for such special conferences shallbe confined to those included in the agenda. This meetingmay also be attended by a representative of the Counciland/or a representative of the International Union. The two(2) employee representatives will be compensated forscheduled work hours lost while in attendance at these jointmeetings.

Article 11 - GRIEVANCE STEPS AND ARBITRATION PROCEDURE

Section 1. - Introduction

It is the intention of the parties to expedite thehandling of grievances, to this end, an employee will firstdiscuss a potential grievance with the immediate supervisorand, if the employee desires, with his/her steward, in anattempt to amicably resolve the matter. If no resolution isreached, the Union may file a grievance pursuant to theprocedures outlined in this article.

Section 2. - Definitions ,

A. Grievance - A grievance is an alleged violation ofa specific article or section of this Agreement.

B. Day - Only for purposes of the grievanceprocedure, a day shall mean working days(excluding holidays and weekends as defined in theAgreement) and shall not include the day on whichthe grievance is presented or appealed or isreturned by the Employer.

C. Probationary Employee - An employee serving aprobationary period as set forth in Article 13,Section 2.

Section 3. - Grievance Time Limits and ProbationaryEmployees

A. Any grievance not initiated or advanced to thenext step within the time limits specified hereinshall be considered settled on the basis of thelast answer by the Employer. Lack of timelyresponse by the Employer at any step will serve toadvance the grievance to the next higher step ifthe Union so desires and notifies the Employer inwriting. Time limits may be extended only bywritten notice agreement by the Union and theEmployer.

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B. Probationary employees are not entitled to use thegrievance process unless it is charged that theEmployer's action was based upon Union activity.

Section 4. - Grievance Steps and List of Arbitrators

A. Grievances will be processed in the followingmanner and within the stated time limits.

Step 1. - Meeting

A grievance will be initiated by a Union stewardor Chief Steward advising the Director of thePhysical Plant or the Director of Food Services inwriting that a grievance exists. The Unionsteward must give the Director of the PhysicalPlant or Food Services the written grievancewithin fifteen (15) working days after theoccurrence of the event giving rise to thegrievance, not including the day of occurrence,provided the employee(s) has knowledge of theoccurrence or reasonably should have had knowledgeof the event. Within ten (10) working days ameeting shall be arranged with the employee(s)involved, the Union steward or Chief Steward, theimmediate supervisor, and the director of the areainvolved. Each party may also have one (1) otherrepresentative at the meeting.

After the Step 1 meeting, Management shall respondin writing to the Union's written grievance withinten (10) working days.

Step 2. - Pre-Arbitration

If the grievance is not settled at Step 1, theUnion may request the Office of the GeneralCounsel to hold a pre-arbitration meeting. Suchnotice shall be in writing and will be sent withinfourteen (14) calendar days of receipt ofManagement's response to Step 1. Within ten (10)working days after receipt of the Union's notice,the Office of the General Counsel shall contactthe Union and arrange for a pre-arbitrationconference.

The purpose of the pre-arbitration conferenceshall be to exchange evidence, identify witnessesand stipulate to facts or to set a date when suchmaterial will be exchanged. The parties may alsoattempt to resolve the dispute. If the mattercannot be resolved, the parties shall select anarbitrator in accordance with Section 4, B. TheUnion shall have sixty (60) calendar days from the

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date of the pre-arbitration conference to notifythe Office of the General Counsel in writing ofits intent to arbitrate.

B. Arbitration

1. The Arbitration shall be conducted inaccordance with the rules of the AmericanArbitration Association. The powers of thearbitrator shall be limited to theinterpretation and application of theexpressed terms of the Agreement. Thearbitrator shall have no power to alter, addto, subtract from or otherwise modify theterms of this Agreement. The arbitrator'sdecision shall be final and binding on theemployee(s), the Union and the Employer.

2. The Arbitrator shall be empowered to ruleonly on a grievance which alleges a violationof a specific article or section of thisAgreement.

3. It shall not be within the^ jurisdiction ofthe Arbitrator to change an existing wagerate, or to establish a new wage rate, nor torule on the Employer's rights to manage anddirect its work force unless there iscontained in this Agreement a specific andexplicit limitation of those rights, nor toinfer from any provision of this Agreementany limitation of those rights.

4. Each party shall furnish to the Arbitratorand to the other party whatever facts ormaterial the Arbitrator may require toproperly weigh the merits of the grievance,provided, however, that such facts ormaterial must have been discussed during thegrievance procedure preceding appeal toArbitration. No new material, facts orissues may be presented at the Arbitrationwhich have not been previously presentedduring steps 1 and 2 of the GrievanceProcedure.

5. The Arbitrator's charges for these servicesand expenses shall be shared equally by theEmployer and the Union.

6. An award for back pay shall be limited to theamount of wages the employee(s) would haveearned from the date of thesuspension/termination, less any amount

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received from other employment, selfemployment, or any other work-related source.

7. The parties shall mutually select one of thefollowing individuals to conduct anarbitration hearing:

Article

Section

12

1.

a.b.c.d.e.

- DISCHARGE

Elaine FrostMalcolm HouseRuth KahnRobert ProctorGeorge Roumell

OR DISCIPLINE

The Employer shall not discharge or take otherdisciplinary action without just cause (except in the caseof probationary employees).

Section 2. - Discharge or Disciplinary Layoff

The Employer agrees that prior to discharge ordisciplinary layoff of any non-probationary employee tonotify the Union of a hearing to consider the factspertaining to that contemplated action. Such hearing willbe held as soon as practicable. The hearing will beattended by representatives of the Union (Steward andPresident), the employee involved, representatives of themanagement unit involved and a representative of the Officeof the General Counsel. This requirement for a hearing willnot affect the Employer's right to suspend an employee priorto the hearing if such suspension is deemed appropriate bythe Employer. However, such suspension will be on a "withpay" basis until a determination is made of the disciplinaryaction that will be taken. Such disciplinary action maythen be made retroactive by the Employer to the time of suchsuspension.

Section 3.

A discharged or disciplined non-probationary employeewill be allowed to discuss his/her discharge, discipline orsuspension with the Steward of the district or AlternateSteward, and the Employer will make available an area wherehe/she may do so before he/she is required to leave theproperty of the Employer.

Section 4.

While the Employer and the Union subscribe to theconcept of progressive discipline, the Employer will nottake into account prior infractions which occurred more than

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two (2) years prior to the current offense. For purposes ofprogressive discipline, the Employer may use any offensewhich occurred within two (2) years of the current offense.

If an employee disagrees with any record of disciplinekept by the employer for the purpose of this Article, theemployee shall be given the opportunity to review and, atthe employee's option, attach a written statement explainingthe employee's position. This statement shall become a partof the record kept by the employer.

Article 13 - SENIORITY

Section 1. - Seniority Defined

"Seniority" as used in this Agreement shall meanuninterrupted employment with the Employer beginning withthe latest date of hire, and shall include layoffs and otherperiods of absence authorized by and consistent with thisAgreement.

Section 2. - Probationary Employees

A. New employees hired in the bargaining unit shall beconsidered as probationary employees for the firstsixty (60) days of their continuous employment. Whenan employee finishes the probationary period, he/sheshall be entered on the seniority list of the unit oroccupational group, whichever is in effect, and shallrank for seniority from the sixty (60) days prior tothe date he/she completed the probationary period.There shall be no seniority among probationaryemployees.

B. The Union shall represent probationary employees forthe purpose of collective bargaining in respect torates of pay, wages, hours of employment and otherconditions of employment. However, no grievance willbe entertained for discipline or termination ofprobationary employees unless it is charged that theEmployer's action was based upon Union activity.

Section 3. - Seniority Lists

A. The seniority list, on the date of this Agreement, willshow the names and classifications of all employees ofthe unit entitled to a ranking for seniority.

B. The Employer will keep the seniority list up to date atall times and will provide the local Unionsecretary/treasurer, and Council 25, with up-to-datecopies at least every six (6) months that areappropriate for posting on the bulletin boards.

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Article 14 - LOSS OF SENIORITY

An employee shall lose his/her seniority for thefollowing reasons:

A. If the employee is terminated.

B. If the employee retires or receives a pension under theMichigan Public School Retirement Plan. If after theemployee receives a pension for permanent totaldisability and that disability is removed and theemployee is re-employed, his or her seniority,including that which the employee otherwise would haveacquired during the period of his or her disability,shall be restored.

C. If the employee is absent from his or her job for three(3) consecutive working days without notifying theEmployer. After such absence, the Employer shall sendwritten notification to the employee at his or her lastknown address that the employee has lost his or herseniority, and the employee's employment has beenterminated. Exception may be made at the employer'ssole discretion.

D. If the employee does not return to work in accordancewith the Recall Procedure.

E. Failure to return to work within the time limits of aleave of absence or an extended leave of absence willbe treated the same as "D" above.

F. If the employee is laid off during the term of thisAgreement for a continuous period equal to theseniority he or she had acquired at the time of suchlayoff or one (1) year, whichever is lesser.

G. If the employee is on sick leave of absence for aperiod of one (1) year, or the length of his or herseniority, whichever is the lesser.

H. If the employee is discharged and the discharge is notreversed through the grievance procedure.

Article lj> - SENIORITY OF UNION OFFICIALS

Section 1.

Notwithstanding their position on the seniority list,Stewards shall, in the event of a reduction in work force ora lack of work layoff, be offered work in their district ifthere is a job in their district which they can fullyperform without added training or instruction.

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The foregoing shall not apply to overtime work or toany new job openings or lateral transfers. For the purposeof this and the following paragraph, "district" shall meanthe area of jurisdiction of the representatives involved.Super seniority does apply during assignment shifts thattake place between term breaks or during the Summer quarter.

Section 2.

Notwithstanding his/her position on the seniority list,the President, of the Local Union, shall in the event of alack of work layoff only, be offered work in the bargainingunit, provided he/she is able to perform all elements of anavailable job and that such ability either is mutuallyrecognized by the parties or is based upon a period of priorsatisfactory experience in the job classification at thisUniversity. This shall not apply to overtime work or to anynew job openings. Representatives declining available jobsunder either of the foregoing paragraphs will be required towait their normal recall date according to his/her givenseniority date.

Section 3.

Notwithstanding their position on the seniority list,Chief Stewards shall, in the event of a lack of work layoff,be offered work in their own unit as defined in Article 3,provided they are able to perform all elements of anavailable job and that such ability either is mutuallyrecognized by the parties or is based upon a period of priorsatisfactory experience in the job classification at thisUniversity. This shall not apply to overtime work or to anynew job openings. Representatives declining available jobsunder either of the foregoing paragraphs will be required towait their normal recall date according to their givenseniority date.

Article 16 - JOB POSTING, BIDDING, TRANSFERS ANDSHIFT PREFERENCE

Section l. - Job Posting and Bidding

A. The Employer will award available bargaining unitvacancies and newly created bargaining unit positionson a seniority basis to its full-time employees whopossess the general physical qualifications andtraining/skills necessary for the job underconsideration. The Employer shall designate whatskills/training are required to be considered for theposted position. The designated skills/training willappear on the posting.

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B. All bargaining unit job vacancies or newly createdbargaining unit positions will be posted for a periodof three (3) working days, Monday through Friday, ateach time clock used by bargaining unit members.Information on job postings will include jobclassification, hours, wages and location. Allfull-time temporary openings will be posted exceptshort-term appointments not to exceed two (2) months.The University will attempt to fill job vacancies ornewly created bargaining unit member positions withintwo (2) weeks of the vacancy. The Employer willfurnish the local Union President with a copy of. alljob postings at the time they are posted.

C. Such notice shall remain posted for three (3) workingdays before the job is filled.

D. The Employer will not be obligated to consider a jobbid from an employee who has not submitted fets/herrequest (orally or in writing) for promotion to theOffice of Human Resource Development on or before thethird (3rd) working day the job is posted.

E. If it should become necessary to bypass a more seniorapplicant, reasons for denial shall be given in writingto such employees.

F. The employee who is awarded the opening shall begranted a reasonable trial period to determine:

—His/her ability to perform the job (40 workingdays)

—His/her desire to remain on the job (30 calendardays)

G. During the first thirty (30) calendar days, theemployee shall have the opportunity to revert back tohis/her former classification. If the employee isunsatisfactory in the new position, notice and reasonshall be given to the employee, and he/she may grievean unreasonable decision.

H. During the trial period (40 working days) the employeeshall receive the next rate of pay (in the newclassification) higher than his/her own. At the end ofthe trial period, the employee shall receive themaximum rate for the job which is in accordance withthe employee's seniority.

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I. Once an employee is awarded a job that he/she bids for,he/she will then be barred from bidding for any otherjob vacancies in the bargaining unit or newly createdpositions that may develop for twelve (12) monthsthereafter, unless the maximum rate for the new job isgreater than the maximum rate for the job the employeepresently holds or the work is transferred to anotherlocation and/or shift, or the position is eliminated.If an employee bids on a job and is unsuccessful infilling that job during the trial (40 working days)period, or if the employee elects to return to his/herformer classification during the trial period (30 days)or if the employee makes a downward move (to a lesserpaying job), he/she shall not have the right to bid onanother job for six (6) months, except by mutualagreement of the Employer and the Union.

J. At the time of the awarding of the position, theEmployer will furnish the Union President with acomplete listing of all employees who have signed aparticular posting, together with the name of theemployee awarded the position.

Section 2. - Transfers' ' T : ' •

A. A lateral transfer is defined as a change in joblocation or shift f without a change in jobclassification. An' employee who is interested inchanging job location or shift may sign a posting foran open job and' be considered pursuant to therequirements of Section 1. If the job opening isfilled by lateral transfer, the opening created by the

••-•-• 'lateral transfer may also• be filled by lateraltransfer, provided, however, that there will be no morethan a total of three (3) lateral movements as a resultof the first job vacancy. Lateral transfers and theensuing opening after a lateral move will be posted upto the maximum of three (3) days. for the purpose oflateral transfers, a period of twelve (12) months musthave elapsed since the employee changed job locations.Lateral transfers under this Article shall be posted.Temporary assignments for less than two (2) months maystill take place pursuant to Article 16;2.D.I.

B. vSection A Only* applies to the job bidding procedure.It does not affect the Employer's right to make lateraltransfers. The University, however, recognizes that alateral transfer cannot be made for arbitrary,capricious or punitive reasons.

C. All current temporary employees who have replacedpermanent employees on leave exceeding six (6) months,will retain their current position and become apermanent employee as of the date of hire, if the

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employee on leave either terminates or exceeds theleave provisions of this contract. Employees filling atemporary position may return to their former positionif the position that they are filling for a temporaryperiod is reclaimed by the incumbent and their formerposition is open or has been filled by a tea^oraryappointment.

Temporary Assignments

1. All full-time temporary openings will be posted,except for short-term appointments not to exceedtwo (2) months due to illness, injury, approvedleaves of absence or operational needs during theposting/hiring process.

2. Qualified candidates from within the bargainingunit who have expressed an interest in a position,orally or in writing, will receive considerationfor such posted opening. Those bargaining: unitmembers who are not considered qualified forspecific openings will be advised in writing ofthe specific reasons why they are considered; to beunqualified.

3. All current temporary employees who have rep-racedpermanent employees on leave exceeding six (6)months, will retain their current position andbecome a permanent employee as of the date ofhire, if the employee on leave either terminatesor exceeds the leave provisions of this Agreement.(Refer to Article 19.)

4. Only one (1) 3 - 5 working day posting will bemade; all other openings will be by appointmentwithin the ranks.

5. All of the above is subject to seniority.

6. Right to return to former position. Ah employeewho fills in for a temporary appointment may, onthe return of the regular employee, return tohis/her former position.

Summer Lateral Transfers

The University will not be required to post lateraltransfers during the summer months (from the last dayof classes of the academic year to the first day ofclasses of the next academic year) . In the event theUniversity determines that there is a need for employeereduction in a specific work area or building duringthe summer, the University may laterally transfer

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employees. Employees will be transferred in accordancewith seniority within the specific area or building.

Section 3.

A. An employee who leaves the bargaining unit and laterreturns to the bargaining unit shall have only thatseniority accumulated in the unit.

,.. , ' 1. Section A shall apply for purposes of shiftassignment, layoff and recall, acting assignments,promotions, transfers, overtime, and longevity.

2. Section A shall not apply for purposes of.determining sick leave, vacation accrual or

pension benefits. . \

. 3. In addition, Section A shall not affect theseniority dates of any employees in the bargainingunit as of November 22, 1991.

B. If and when operations or divisions or fractionsthereof are transferred outside the Big Rapids area fora period of more than seven (7) calendar days,employees affected will be given the opportunity totransfer on the basis of seniority, desire andclassification. Any necessary change in residence willbe considered in such cases*

C. The Employer agrees that in any relocation of workstations outside the immediate Big Rapids area, it willdiscuss the movements with the Union in order toprovide for the protection of the seniority of theemployees whose jobs are involved.

Section 4.

It is agreed that employees at the University may beassigned to other tasks during certain times without anincrease or decrease in their regular rate of pay as opposedto being laid off because of lack of available work in theirspecific classification. It is understood that the aboveprovision does not guarantee twelve (12) months' employmenteach year to any employee, but is merely a sincere effort onthe part of the University to utilize the talents andservices of regular full-time employees during normally slowperiods. This clause is not deemed to supersede theprovisions of Section 5.

Section 5.

If an employee is temporarily assigned to perform thework of a higher rated classification for a period of one

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(1) or more hours, he/she will be compensated art thebeginning rate of the classification or fifteen cents ($.15)per hour above his/her current job rate, whichever isgreater. This provision shall not apply to those situationsinvolving the performance of higher rated work which hasbeen included as a part of the regular compensation far thelower rated job (e.g., Cook I doing the work of Cook IIduring the regularly scheduled temporary absence of thelatter). Employees temporarily assigned to lower ratedtasks will not suffer rate reduction. This provision shallnot apply to employees who bump to a lower rate«f jobpursuant to the layoff and bumping procedure.

Section 6. - Skilled Trades

A. Employees in the Journeyman classification are fua-thergrouped into the following maintenance departments:carpenter; electrician; plumber; painter; heating,ventilating and air conditioning (HVAC); vending^ automechanic; and boiler operator.

B. It is specifically recognized that the Employer may addadditional classifications in the skilled trades whenadditional trades are used by the Employerv Adiscussion will be held with the Union prior to. theaddition of any new classification, or the deletion ofany classification.

C. It is also recognized that all skilled trades in allclassifications are generally skilled in manymaintenance areas and that all skilled trades may betemporarily required to work in other skill areasregardless of which specialized skilled trades usuallyperforms the work. No assignment of this nature may beused for punitive reasons.

D. Overtime is distributed for skilled tradesclassification employees pursuant to Article 21,Section 10.

E. It is not the intention of the University to erode theclassification structure under the collectivebargaining agreement, and the University continues tosupport the apprenticeship program and the importanceof the skilled trades classifications.

Article 17 - LAYOFF AND RECALL

Section 1.

When the University implements a reduction in the workforce in the bargaining unit, it shall be done in thefollowing order in the classification being reduced:

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1. All part-time employees2. All probationary employees3. All temporary employees . ;4. Regular full-time employees ;

Probationary employees will be laid off in theclassification to be reduced, provided employees withseniority can do the available work.

The employee in the classification with the leastseniority will be laid off first and so on, within theclassification, providing the remaining employees inthe classification have the skill and ability to do therequired work.

Employees laid off from their classification mayexercise seniority to displace a junior employee in thesame or lower paying classification for which the laidoff employee has the skill and ability to qualify to dothe work with normal supervision but without anyadditional training. Such employees may exerciseseniority to displace a junior employee in any higherpaying job classification only if said employee has hadtwo (2) months experience with the University in thathigher paying job classification to which he/she isattempting to exercise bumping privileges.

In the case of regular seasonal reductions in the FoodService group, employees with the greatest senioritywill be permitted to elect a voluntary layoff ratherthan continued employment during the layoff period,provided .the remaining employees are able to do thework required.

When there is a decrease in a work force of a skilledtrades classification, the following procedure shall befollowed:

1. In the classification which is being reduced,the employee with the least seniority in thatclassification will be laid off first and soon within the classification, providing theremaining employees in the classificationhave the skill and ability to do the requiredwork.

2. Employees laid off from their skilled tradesclassification may exercise seniority todisplace a junior employee in another skilledtrades classification only if the laid offemployee has had two (2) months' experiencein the job in which he/she is attempting toexercise bumping privileges and if he/she has

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the skill and ability to qualify t© do thework with normal supervision but witftout anyadditional training.

Section 2. - Recall Procedure

A. When the working force is increased, any employee onlayoff from the unit, affected will be recalledaccording to seniority, provided he/she is able toperform the available work. However, the Employershall not be required to promote an employee at time ofrecall, unless he/she has previously performed thehigher rated job for a period of two (2) months and isable to do the work.

B. The seniority of an employee who is recalled shall berestored as of the date of layoff.

C. Notice of recall shall be sent to the employee at hisor her last known address by registered or certifiedmail. If an employee fails to report to work withintwelve (12) days from the date of mailing of notice ofrecall, he/she will be considered terminated.Extensions may be granted by the Employer in its solediscretion.

Article 18 - NEW CHANGED OR ELIMINATED JOB CLASSIFICATIONS

Section 1.

The right of the Employer to establish new jobclassifications, to change the job content of existing jobclassifications and to eliminate job classifications isrecognized. Likewise, the right of the Union to negotiatewage rates for new job classifications and for jobclassifications to which the content is substantiallychanged is recognized.

Section 2.

In the creation of a new job classification, theUniversity shall discuss its possible inclusion in thebargaining unit with the Union.

Section 3.

If the University creates a new job classification orsubstantially changes the content of an existing jobclassification, the Union shall have the right to negotiatea wage rate for the new or changed classification.

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Section 4. - <v-••*...

If a bargaining unit classification is eliminated orchanged to a non-bargaining unit classification, the Unionwill be notified by the Employer in advance of any changeand given the opportunity to discuss the situation. Failingto reach agreement, the matter may be referred to thegrievance procedure....... _, .

Article 19 - LEAVES OF ABSENCE

Section 1. - Personal Leave

Leaves of absence up to three (3) months without paymay be granted in cases of need for those employees who haveacquired seniority under this Agreement. Leaves shall notbe granted for the purpose of obtaining employmentelsewhere. Leaves of absence may be extended for additionalthree (3) month periods, but the total leave time shall notexceed one (1) year. • * . <-

Section 2. - Medical Leave of Absence

A. An employee who shall be injured or who shall become'•''• ill, and whose claim of injury or illness is supported

by evidence satisfactory to the Employer, shall begranted a medical leave of absence by the Employer forthe duration of the disability, up to the length ofhis/her seniority at the time of such illness orinjury, or one (1) year, whichever is the lesser.

An employee who is granted a sick leave of absencepursuant to this section must advise the Employer inwriting every three (3) months as to his/her status andwhen he/she can be expected to return to work. Thisinformation shall be signed by the employee'sphysician, if the Employer so requests.

B. An employee granted a medical leave of absence uponhis/her verbal request, or one made in his/her behalf,shall, at the first reasonable opportunity under thecircumstances presented, support such request with anapplication in writing and with such evidence ofhis/her need for leave as the Employer may require.

C. If an employee is on sick leave of absence for morethan thirty (30) days, the Employer may require him/herto furnish a physician's statement that he or she hasadequately recuperated and is able to return to work onhis/her job or a job to which his/her seniority wouldentitle him/her pursuant to this Agreement.

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D. An employee who returns from a medical leave of absencewithin the time limit provided for in this Agreement,shall have the right to return to his/her formerposition.

Section 3. - Leave for Union Business

Members of the Union elected to local Union positionsor selected by the Union to do work which takes them fromtheir employment with the Employer shall, at the writtenrequest of the Union, receive temporary leaves of absencewithout pay for periods not to exceed two (2) years or theterm of office, whichever may be shorter, provided theEmployer is given adequate notice and is able to makearrangements for qualified substitute help where necessary.

Upon their return they shall be re-employed in theirformer job classification with accumulated seniority,provided, however, if a leave for union business is extendedbeyond two (2) years or the term of office, whichever may beshorter, the employee's seniority will not accumulate duringthe extended portion of the leave.

Section 4. - Maternity Leave

Maternity leave will be handled in accordance with thesick leave policy herein.

Section 5. - Union Educational Leave

Leaves of absence (with pay) will be granted to thoseemployees who are elected or selected by the Union to attendeducational classes conducted by the Union (including AFSCMEconventions, workshops, and seminars). The number ofworking days allowed for this type of leave will not exceeda total of forty-five (45) days per year; these days to beallocated to all Union officials, or selected members toattend these meetings. Of this amount, the Vice Presidentand President of the Union will be allowed ten (10) workingdays each for this type of leave each year.

Section 6. - Medical Dispute

In the event of a dispute involving any employee'sphysical ability to perform his/her job on his/her return towork at the University from layoff or leave of absence ofany kind and the employee is not satisfied with thedetermination of the University physician, he/she may submita report from a medical doctor of his/her own choosing andat his/her own expense. If a dispute still exists, at therequest of the Union, the University physician and theemployee's physician shall agree upon a third medical doctorto submit a report to the Employer and the employee, and thedecision of such third party will be binding on both

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parties. The expense of the third opinion shall be paid bythe Employer.

Section 7. - Leaves of Absence - General

The employee who is on an unpaid leave of absence willnot receive pay for the holidays falling within the leave ofabsence, nor will the employee accrue any vacation or sickleave time. The employee must check with the Office HumanResource Development about maintaining the employee grouplife insurance and hospitalization and surgical insuranceduring this period. All leaves of absence must be approvedby the administrative head and the Office of Legal Affairs.Seniority shall continue to accumulate during all leaves ofabsence and extensions thereof.

Article 20 - STUDENT EMPLOYEES

Section 1.

As a matter of policy, the University is committed toprovide work opportunities for students who, by definition,are excluded from the bargaining unit. However, it isunderstood and agreed that student help will not be used tothe extent that student help violates the security of thebargaining unit, as defined in Section 2, 3, and 4 below.

Section 2.

Open and filled full-time positions which become openwill not be split into two (2) or more part-time positionsfor the purpose of providing work opportunities forUniversity student employees, unless the position no longerneeds to be a full-time position. It is understood thatthis commitment does not obligate the University toestablish full-time positions from part-time positions.

Section 3.

Work regularly and customarily performed by an employeeshall not be performed by student employees to the extentthat it results in the bargaining unit employee's layoff orremoval from a classification. Neither shall an employee berequired to take a vacation to provide employment for astudent. Students shall not perform mechanic classificationwork or operate power equipment of the sort identified asGrounds Worker/Operator responsibility (other than handtools or power equipment used in or around homes) exceptwhere the student is operating the equipment as a student ina curriculum or as a helper to a bargaining unit member. Ifany such incident occurs, an appropriate remedy shall beagreed upon by the Employer and the union or prescribed byan arbitrator's ruling on such matter.

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Section 4.

When a student employee has not been scheduled forwork, he/she shall not be called to do the work whichotherwise would have been performed by an employee in thebargaining unit on an overtime basis by extending his/hershift. If any such incident occurs, an appropriate remedyshall be agreed upon by the Employer and Union or prescribedby an arbitrator's ruling on such matter.

Section 5.

The University may require bargaining unit employees towork with and direct the work efforts of student employees.This is not to be construed to mean the bargaining unitemployee are supervisors of student within the meaning ofthe Public Employee Relations Act. Nor will bargaining unitemployees be held responsible for the job performance ofstudents.

Article 21 - WORKING HOURS

Section 1. - Workday and Workweek

Forty (40) hours shall constitute a normal workweek andeight (8) hours a normal workday. This shall not beconstrued as a guarantee of hours of work.

Section 2. - Shift Differential

Employees who work on the second and third shift shallreceive, in addition to their regular pay, twenty cents($.20) per hour, additional compensation. Such differentialis to be added to the total wages and does not increase thehourly rate and will be paid for all hours worked on ashift.

Shift differential does not apply to first shiftemployees or extra work hours required of them; provided,however, the first shift employees who begin work prior to5:00 a.m. will receive shift differential for all hoursworked prior to 8:00 a.m.

Section 3. - Shift Hours

The first shift is any shift that regularly starts onor after 5:00 a.m., but before 1:00 p.m. The second shiftis any shift that regularly starts on or after 1:00 p.m.,but before 9:00 p.m. The third shift is any shift thatregularly starts on or after 9:00 p.m. but before 5:00 a.m.

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Section 4. - Rest Periods

Employees must take two (2) rest periods of not morethan fifteen (15) minutes each for each eight (8) hour dayof work. Rest periods will be taken at a time scheduled bythe shift supervisor. The rest period is intended to be arecess to be preceded and followed by an extended workperiod; thus, it may not be used to cover an employee's latearrival to work or early departure, nor may it be regardedas accumulative if not taken.

Section 5. - Wash-up Time

Employees will be given time prior to punching out towash up and change uniforms, as the time may be required bythe job.

Section 6. - Call-in Pay

An employee reporting for emergency duty at theEmployer's request for work which he/she had not beennotified in advance and which is outside of and notcontinuous with his/her regular work period, shall beguaranteed at least three (3) hours' pay or three (3) hours'work at the rate of time and one-half. An employee whoreports for scheduled work and no work is available willreceive three (3) hours' pay at his/her regularstraight-time rate.

An employee who is called in to work prior to his/herscheduled starting time shall receive time and one-half theregular straight-time rate for all hours worked in advanceof his/her regular shift. Such employees shall work atleast a full eight (8) hour shift, including the extracall-in time, and will also be working all of their usualhours for that day if they so desire at their regularstraight-time hourly rate.

Section 7. - Time and One-Half

1. Time and one-half the regular straight-time ratewill be paid for all time worked in excess ofeight (8) hours in an employee's workday.

2. Time and one-half the regular straight-time ratewill be paid for all hours worked in excess offorty (40) hours in an employee's workweek.

3. Time and one-half the regular straight-time ratewill be paid for all time worked on any of thedesignated holidays or during the Christmasclosure. This time and one-half pay will be inaddition to holiday pay.

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Section 8. ;

For the purpose of computing overtime pay under Article21, Section 7, paragraph 2, all hours in pay statusincluding sick hours, vacation hours, and holiday hours,(unless the holiday falls on the employee's regularlyscheduled day off) will be counted as hours worked.

If a holiday which is not worked falls on an employee'snormal day off, the University shall have the option of.either: ' • >" . '/}'• : ,.4 . • /

1. Scheduling the employee for an additional day offwithout pay in the same payroll week, immediately

"...'., prior to or following the holiday, in which casethe holiday shall not count as a day worked forpurposes of computing overtime; or

2. Counting the holiday as a day worked for purposesof computing overtime.

• • :•; n s -•• ' " • ' • : ' " ' •

Section 9. ...,,. ; „:'•' , ,

In no case shall premium pay be paid twice for the samehours worked.

Section 10. - Equalization of Overtime Hours

A. Overtime hours shall be divided as equally as possibleto within ten (10) hours among all employees in a givenjob classification and a given shift.

Custodial employees will have overtime equalized byshifts as follows:

"":,* 5:00 a.m. - 1:30 p.m.,3- 7:00 a.m.- 3:30 .jp'Vm. ' ''•';"

5:00 p.m." - 1:30 a.m.7:30 p.m. - 4:00 a.m.

In the Moving Department only, overtime shall beequalized from a list of employees who have requestedto work overtime in the department. Overtime worked inthe Moving Department shall not be counted on any otherovertime list for purposes of equalization.

B. An employee oh vacation, sick leave of less than 30days, funeral leave, leave of absence, personal leave,or other approved leave will be deemed to have refusedavailable overtime and will be charged the averagenumber of overtime hours worked during the overtimeperiod.

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An employee on sick leave of more than 30 days shall,upon return to work, be charged with the accumulatedovertime hours of the lowest person on the list.

An employee on vacation or personal leave may indicatein writing to his supervisor prior to his absence thathe is available for overtime assignments. He may thenbe called for overtime.

An employee who the supervisor is unable to contactafter a good faith effort will be deemed to haverefused available overtime and will be charged theaverage number of overtime hours during the overtimeperiod. If an employee has an answering machine,management will attempt to leave a message on themachine indicating that the employee is needed forovertime.

Accumulated overtime of stewards and alternate stewardswill not be used in determining if overtime is properlyequalized.

It is understood that these guidelines do not alwaysrequire that employees with the lowest amount ofaccumulated overtime must be assigned availableovertime. It is understood that once disparities ofgreater than ten (10) hours develop between theemployees highest and lowest in accumulated overtime,the employee(s) with the lowest accumulated overtimewill be assigned the next available overtime until theyare again within ten (10) hours of the employee withthe highest accumulated overtime.

In cases of bona fide emergency that will result inproperty damage or serious injury or death, theUniversity may assign overtime in the mannerappropriate to deal most effectively with theemergency, even if such assignment is not otherwise inaccordance with these guidelines.

Apprentices will accumulate overtime in thatclassification in which they are an apprentice.Separate overtime lists shall be maintained for skilledtrades and apprentices in a classification unlessagreed to otherwise by the employer and the union. Anapprentice who becomes a skilled trades person in aclassification will be assigned the highest number ofaccumulated overtime hours among skilled trades peoplein the classification.

Employees who have changed job classifications will becharged with the highest number of overtime hours thatexist in the new classification on their shift on theday of their transfer.

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J. The employer has the right to require employees to workovertime so long as this does not cause undue hardshipto the employee.

K. The days of work or shifts of employees will not bechanged for the sole purpose of avoiding the payment ofovertime pay. This Section shall not prevent theEmployer from making permanent schedule changes or fromadding additional bargaining unit employees even ifthose decisions are solely motivated by a desire toreduce overtime.

L. Every month a copy of the overtime list for a districtwill be placed at the bulletin board near the timeclock of the Chief Steward for the district. Inaddition, management shall place overtime lists forcustodians in each supervisor's zone in a locationdesignated by the Union.

Section 11.

No employee will be regularly scheduled for more thanseven (7) consecutive days of work followed by at least two(2) days of rest. It is specifically recognized that thisdoes not apply to the scheduling of overtime work foremployees who are regularly scheduled to work five (5)consecutive days followed by two (2) days of rest.

Article 22 - VACATIONS

Section 1.

Regular full-time employees covered by this Agreementwill be eligible for vacation with pay as follows:

One (1) day per month or major fraction thereof fromthe first month of employment through the sixtieth (60th)month of employment. A "month" is defined to mean each onehundred and fifty (150) hours for which pay is received,i.e., worked hours, sick pay hours, holiday hours andvacation hours. In no event will a twelve (12) monthemployee be credited with more than twelve (12) months ofemployment in any year.

One and one-fourth (1 1/4) days per month from thebeginning of the sixty-first (61st) month through the onehundred eighth (108th) month.

One and two-thirds (1 2/3) days per month after the onehundred eighth (108th) month.

The above formulasschedule of vacations:

will result in the following

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Length of Continuous Service

1 year through 4 years5 years through 9 years10 years or more

Vacation

12 working days15 working days20 working days

Section 2.

Employees who are laid off or on a leave of absence fora period in excess of thirty (30) calendar days during thevacation year will be entitled to prorated vacation benefitbased upon the above schedule.

Section 3.

Employees may use their accumulated vacation leaveafter six (6) months of service with the Employer.

Section 4.

If employment is terminated for any reason aftercompleting six (6) months or more of continuous service, theemployee will be paid for all accumulated vacation.

Section 5.

Vacations will be scheduled by supervisors at mutuallyconvenient times, subject to the needs of the particularoperation. The employer will not be arbitrary or capriciousin the denial of vacation time. Seniority will be honoredin ranking employee requests for particular vacation weeks.Vacations must be taken in the anniversary year followingthe year it accrues and are not cumulative from year toyear.

Section 6.

If a holiday for which the employee is entitled toholiday pay falls within an employee's vacation, he or shewill be given an additional day of vacation time to bearranged with his/her supervisor.

Article 23 - HOLIDAYS

Section 1.

Independence Day, Labor Day, Thanksgiving Day, the dayfollowing Thanksgiving, Good Friday and Memorial Day aredesignated as regular holidays. For the duration of thiscontract, members will have off at least four (4) weekdaysbetween Christmas Eve, Christmas and New Years with thespecific schedule to be announced just prior to theholidays, and will receive the regular pay. Regularholidays falling on Sunday will be celebrated on the

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following Monday. Regular holidays falling on Saturday willbe celebrated on the preceding Friday.

Section 2. :-

Subject to the following requirements, each full-timeemployee not on leave of absence or layoff who is notscheduled to work on any such holidays shall be paid foreight (8) hours at his/her regular straight-time rate ofpay, provided that:

li Such employee is and has been on the activepayroll of the University at least ten (10)calendar days immediately preceding the holidayinvolved as a regular, full-time employee.

2. Such employee works the full schedule of hours oris excused from his or her scheduled workdayimmediately preceding and his/her scheduledworkday immediately succeeding the holidayinvolved.

3. An employee otherwise eligible for holiday pay whois on layoff will be eligible to receive holidaypay as provided for in this Article, providing thelayoff began no more than ten (10) calendar daysprior to the holiday. Employees who do not workduring the Christmas recess while school is not insession shall also be paid for the holidaysfalling during this period, provided they areotherwise eligible for holiday pay.

4. An employee who is on an approved leave of absenceat the time a holiday falls shall not be eligibleto receive holiday pay as provided for by thisArticle.

Section 3.

An employee who is scheduled to work on any holiday anddoes not work said day or is not excused from work shallreceive no pay for such holiday.

Article 24. - GROUP LIFE INSURANCE

Each bargaining unit member will be provided with$15,000 term life insurance by the University. Further,Ferris State University agrees to make extended lifeinsurance coverage available for the bargaining unitmember's spouse in amount of $3,000 and for the bargainingunit member's children in the amount of $2,000 for eachchild. The cost of extended dependent coverage is to bepaid in full by the employee.

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Article 25. - HEALTH INSURANCE

Section 1.

The employer agrees to maintain for the duration of theAgreement programs of hospital-medical and life groupinsurance with the benefits and other policy conditionspresently established.

Section 2.

The Ferris Flex Premium Health Care Plan with a PPOMRider and $5.00 drug card is currently the hospital-medicalinsurance. Any change of insurance carriers shall beproposed and discussed with the Union at least sixty (60)days in advance of such change. Only equivalent plans maybe considered.

Section 3.

The employers liability shall be limited to the promptpayment of premiums required. Employees shall beresponsible for making proper application for total coverageand dependent coverage.

Section 4.

Ferris State University agrees to pay the entire costof the Ferris Flex Plan for the duration of this contract.

Bargaining unit members who are personally coveredunder another health insurance program (i.e., throughspouse's employer) and therefore not electing healthinsurance coverage will be paid the amount of the singlesubscriber premium of the Premium Health Plan towards themedical reimbursement plan provided in section 6.

If husband and wife are both members of this bargainingunit, one shall elect health insurance coverage and theother shall elect the medical reimbursement plan.

When appropriate, Medicare premiums will be paid onbehalf of the bargaining unit member, spouse, and/ordependents.

Section 5. - Dental Insurance

A dental benefit will be provided by an insurancecarrier or insurance program established by the Universityfor full single employee coverage with the coordination ofbenefits, covering an 80-60-50 benefit level with a maximumof $1,000 per person plus an orthodontic rider with a $1,000lifetime maximum.

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Two person and family coverage shall be made availableto eligible bargaining unit members at their own expensethrough payroll deduction.

Section 6. - Medical Reimbursement Program

Bargaining unit members not electing health insuranceshall be provided the following benefits:

A check equal to the accrued single subscriberrate will be issued to eligible bargaining unit

: members in their bi-weekly pay checks asapplicable.

Section 7. *—' s •

Subject to the policies, rules and regulations setforth by the Ferris Flex Plan, employees covered by thisAgreement may apply for other available riders at their ownexpense. • :

S e c t i o n 8 . ' •*•-*• •• " *

It is agreed that the University contribution forpremium payments for health insurance and life insurancebenefits will be made as follows for employees who areretained on the University seniority list, but who are offwork with an approved leave of absence or because of layoff.

1. Leaves of Absence. Employees who are granted a: leave of i absence will; have-insurance benefits

continue to the end of the month in which theleave of absence occurs. Thereafter, the employeeon leave of absence may continue his/her insurancefor a period determined by the insurance carrierby contributing the full premium on a monthlybasis prior to the date the premium is due.

2. Layoff. Employees who are laid off will haveinsurance benefits continue to thei end of themonth in which the layoff occurs and for thefollowing three (3) months. Thereafter, the laidoff employee may continue his/her insurance for aperiod determined by the insurance carrier bycontributing the full premium on a monthly basisprior to the date the premium is due.

Section 9. - Long Term Disability Insurance —• • • ; • • • . ' • * . : ' s . l •

The University will provide all AFSCME bargaining unitmembers with long-term disability insurance. The LTDbenefits will begin after the termination of the employee'ssick leave or 90 days after the last day worked, whicheveris the later date. Benefits will be equal to 66 2/3 percent

- 35 -

of the employees salary, and will continue until theemployee reaches age 65. Social security and workers'compensation payments will be offset against the LTDpayments.

Section 10. - Vision Plan

The University will pay up to $15 per contract year peremployee toward the cost of a basic comprehensive eyeexamination. The University will pay to $78 per contractyear per employee toward the cost of frames and/or lenses.This benefit is only available for employees, and is notavailable for dependants of employees. At their option,employees may have the examination performed by the FerrisState University Optometry Clinic. Also at their option,employees may purchase frames and/or lenses at the FerrisState University Optometry Clinic. The University will paythe $15/$78 regardless of where the services/equipment arepurchased.

Section 11.

The University and the Union shall form a committee toreview methods for reducing health care costs. Thecommittee shall be comprised of representatives from eachgroup (bargaining and non-bargaining) which uses FerrisFlex.

Article 26. - RETIREMENT

Section 1.

The parties recognize the coverage of bargaining unitemployees under the Michigan Public School EmployeesRetirement Fund, provided by State Law and the Universitywill continue to assume the employee pension contribution offive percent (5%).

Section 2.

The University shall make available to all presentAFSCME employees who retire after July 1, 1990, of thiscollective bargaining agreement group life insurance in theface amount of $2,500 at the retiree's expense.

Article 27. - TUITION WAIVER

Section 1.

All regular full-time employees who are otherwisequalified to take college level courses may take such courseofferings of Ferris State University without cost on a spaceavailable basis, i.e. during open registration. This

- 36 -

applies only to regular fees charged all students forenrollment for a specific number of term hours. All otherspecial or incidental fees, such as music fees, specialcourse fees, parking, etc., are the employee'sresponsibility.

Section 2.

To be eligible to enroll in University courses, anemployee must:

A. Prepare and submit the information requested on theappropriate Ferris State University form. The form isavailable at the Office of Human Resource Development.

B. Take not more than three (3) courses or eight (8)credit hours, per quarter. One course may be takenduring working hours, subject to the recommendation ofthe immediate supervisor concerned and the approval ofthe General Counsel, who will review the recommendationor denial, and consider the reasonableness of anydenial due to work load conditions. Release time willbe considered time without pay. However, arrangementsshould be made with the supervisor for makeup of suchtime to provide for eight (8) hours of work perworkday.

C. Complete course and return duplicate copy with copy ofgrade slip for filing in the employee's personnel file.

Section 3.

An employee may transfer a maximum of eight (8) credithours per quarter to his/her spouse and/or dependentchildren (as defined by IRS). A spouse and/or dependentchild may register for such classes on a demand basis.

Article 28. - JURY DUTY

Section 1.

An employee with seniority, who serves on jury duty, oris subpoenaed to testify in court, will be paid thedifference between his or her pay for jury duty and his/herregular pay. An employee is expected to report for regularUniversity duty when either temporarily or permanentlyexcused from attendance at court.

Section 2.

Employees who work on the second or third shifts willbe transferred to the day shift on those days they actuallyserve as jurors.

- 37 -

Article 29. - FUNERAL LEAVE

Section 1. - Immediate Family Members

An employee who is absent from work due to the death ofa member of his/her immediate family shall be entitledto a paid funeral leave, not to exceed four (4) workdays. An "Immediate Family member" shall include:current spouse, child, step-child, daughter-in-law,parent, sister, brother, son-in-law, grand child,grandparent, parent/grandparent of spouse, step-parent,step-brother, and step-sister.

Section 2. - Other Family Members

Employees who are absent from work due to the death ofany of the following shall be entitled to one (1) dayof paid leave for the day of the funeral: aunt, uncle,sister-in-law, brother-in-law, niece, nephew,step-grandparent, and any person with whom thebargaining unit member is currently making his/herhome.

Extensions and/or exceptions may be made in appropriatecases by the Office of the General Counsel.

Article 30. - UNIFORMS

All bargaining unit members are required to wearUniversity uniforms while on the job, if the University hasprovided them with a uniform.

The University shall select the style, type, colors,and vendor of all uniforms. Employees may select eithercotton or polyester material (if available) and shall havethe option of long sleeve or short sleeve shirts/blouses.Female employees may select either dresses or slacks. Everyeffort will be made to provide uniforms that fit.

Upon request of the bargaining unit member, theUniversity will supply three (3) sets of uniforms each yearof this contract for employees assigned to Physical Plant(except for Food Service employees working as custodiansduring the summer). For the duration of the current AFSCMEcontract, Dining Services will pay a uniform allowance toDining Service kitchen employees of $90.00 per year. Thismoney will be applied toward three (3) uniforms each year.

Upon request of bargaining unit member, new employeesand employees not previously outfitted will receive three(3) uniforms. The University will provide additionaluniforms if the employer determines a need to do so. The

- 38 -

employer will not be arbitrary or capricious in the exchangeof uniforms as provided herein.

Food Service Unit employees are required to wearuniforms, for reasons of state regulation and the more acutesanitary concerns inherent in their work.

All employees in the unit are required to maintainreasonable standards of appearance, grooming, and personalhygiene. The University reserves the right to implementreasonable rules concerning such matters under Article 4.2of this Agreement.

Those employees who elect not to receive uniforms willbe required to wear a University identification badge as ameasure of identification.

The parties further agree that an employee shall bedeemed to have been provided a uniform if on or about theprevious November 22 he/she was issued a uniform.

Article 31. - SAFETY COMMITTEE

The Safety Committee shall consist of six (6)representatives (one from each Chief Steward's district andGrounds) of the Union and the local Union President, and aUniversity representative, who shall have the authority toact on behalf of the Employer. The Union will furnish theEmployer with the names of its members of the SafetyCommittee and such changes as may occur from time to time insuch personnel. This committee shall meet at least once amonth during working hours, for a period not to exceed two(2) hours for the purpose of relating unsafe conditionswhich may exist on the campus and for making recommendationsto correct them. If the safety committee feels that aninvestigation should be made concerning a particular safetypractice, rule, or condition, then one (1) Union member willbe designated by the committee to investigate and makeproper recommendations to the Employer. It shall be theright of every employee to protest working in any hazardoussituation or operation and such shall be subject toimmediate investigation by representatives of the SafetyCommittee as appointed by the chairman.

Article 32. - SICK LEAVE

Section 1. - Sick Leave Credit

Each regular full-time employee shall accumulate and becredited with thirteen (13) workdays of sick leave per yearto be credited at the rate of one-half (1/2) day for eachfully completed biweekly payroll period with a maximumaccrual of two hundred and sixty (260) working days.

- 39 -

Section 2.

All regular full-time or regular part-time employeesmay use their sick leave credit in any month of the year inwhich they are scheduled to be on the payroll, but only forthe number of working days in such month for which they arescheduled to be on duty at the University. Any utilizationof sick leave allowance by an employee must have theapproval of the appointing authority or designatedsupervisor.

Section 3.

All absences of employees due to illness or injury(non-compensable) will be debited against the employee'srecord regardless of whether or not his/her departmentabsorbs his or her work or the institution provides asubstitute. An employee will be considered absent if he orshe fails to appear for his or her regularly scheduledduties for one-half (1/2) day or more because of illness orinjury, and his/her sick leave credit will be debited forthe time he or she is absent from work.

Section 4.

Each employee, during consideration for sick leavebenefits, may be required to file with the Office of HumanResource Development either a physician's statement or asworn affidavit, whichever is requested by that Office, thatthe claim of absence for any of the reasons stated above isbona fide. Until such statement is filed, if requested, allabsences will be considered as lost time and the employee'spay will be reduced accordingly.

Section 5.

Whenever an employee on sick leave has used up all ofhis or her sick leave credit, he or she will be removed fromthe payroll unless a sick leave of absence has beenapproved.

Section 6.

An employee who separates from the school servicebecause of permanent disability shall be paid for allaccumulative sick leave. Such compensation will be made atthe employee's current rate of pay.

Section 7.

In case of the death of an employee (regardless of ageor length of service to Ferris State University), payment ofaccumulative sick leave up to one hundred (100) days shallbe made to the beneficiary designated by the employee or his

- 40 -

or her estate. Such compensation will be made at theemployee's current rate of pay.

Section 8. • ;-,•••

An employee who during the terms of this Agreement,separates from the school's service due to age and servicerequirements under- the Michigan Public School Employees'Retirement Act, shall be paid fifty percent (50%) ofaccumulated sick leave up to a maximum of one hundred (100)days. Such compensation will be made at the employee's rateof pay at time of retirement.

Section 9. - Record and Reports

A. The Payroll Office shall maintain a sick leave recordon all employees. The record shall be credited withearned sick leave credit each monthly payroll periodand debited periodically as sick leave benefits are• u s e d . - - ' - •'.... :. ? .-

B. Employees must notify their immediate supervisor, atthe earliest opportunity, when they will be off workbecause of illness. All such calls must be made to theimmediate supervisor no later than fifteen (15) minutesafter the beginning of their shift, except that callsafter fifteen {15) minutes will be given considerationby management in proven extreme emergency situations.The immediate supervisor is charged with theresponsibility of reporting to the Payroll Office ofthe University on each payroll report all absences inhis or her department which are chargeable against sickleave credit. This will be the original record fromwhich the Payroll Office will secure the informationfor the permanent record. In addition, each Departmentor Division Head shall report verbally to the PayrollOffice all absences in his or her department for thatday.

Section 10.

All employees who are required to be absent from workdue to the serious illness of an employee's child, spouse,step-child, sister, brother, grandchild, parent, grandparentor parent of spouse shall be entitled to use up to five (5)full days of accumulated sick leave per year for thispurpose. Extensions may be made at the sole discretion ofthe Office of the General Counsel. The requirements ofSection 3 of this Article shall apply.

Article 33. - PERSONAL LEAVE DAY

theAn employee with at least one (1) year's seniority attime of the effective date of this contract, and

- 41 -

annually thereafter, may have two (2) day's personal leave,one (1) chargeable to sick leave and one (1) not chargeable.This leave may be coupled with vacation.

For new employees, one (1) day will be accrued each six(6) months of employment. The first day will be withoutcharge, and the second day will be charged to sick leave.

Employees must apply for personal leave at least two(2) working days before such leave is desired, except incases of emergency. The granting of personal leave dayswill be routine unless an undue hardship to co-workers orthe University's service will result. If a request forpersonal leave is denied, the reasons for such denial willbe given to the effected employee in writing, if sorequested.

Article 34. - LONGEVITY PAY

Section 1.

All regular full-time employees within the bargainingunit shall be entitled to receive longevity pay for lengthof continuous service with the Employer according to thefollowing rules and schedule of payment.

Section 2.

Longevity pay shall be computed as a percentage of theemployee's regular, annual base salary or wage. Base salaryor wage shall be that salary or wage which an employee isbeing paid on the first regularly scheduled pay period ofthe fiscal year in which the longevity pay is due. Basesalary or wage shall not include overtime pay or premiumpay. Longevity pay shall be based on full-time continuousservice.

Section 3.

After completion of six (6) years of continuousfull-time service, measured by the hiring anniversary date,each employee shall receive annual longevity payments asprovided in the schedule. Payment shall be due not laterthan the second pay date after the anniversary date.

Section 4.

To be eligible for longevity payment subsequent to thefirst payment, an employee must have completed continuousfull-time service equal to the service required by theoriginal eligibility plus a minimum of one additional yearof such service for each payment.

- 42 -

Section 5.

Prorated payments on a monthly basis with one-half(1/2) or more of a month being considered as an entiremonth, shall be made to those employees who retire under theUniversity retirement plan prior to their anniversary date.This also applies to those employees not under theretirement plan, but who are sixty-five (65) years of age atthe time of their separation. In case of death, longevitypayments shall be made to the dependent. Such proratedpayments as indicated above shall be based on the number ofcalendar months of full-time service credited to an employeefrom the preceding anniversary date to the date ofretirement, separation, or death, and shall be made as soonas practicable thereafter.

Section 6.

No longevity payment as shown in the following scheduleshall be made for that portion of an employee's regularsalary or wage which is in excess of $16,044 during thefirst year of this contract, $16,606 during the second yearof the contract and $17,187 during the third year of thiscontract. In each subsequent year, the longevity cap willincrease at the same percentage rate as wages increase forthis Union for that year.

Section 7. - Longevity Pay Schedule

Continuous Service

After 6 years and through 11 yearsAfter 12 years and through 16 yearsAfter 17 years and through 22 yearsAfter 23 years and through 25 yearsAfter 26 years of service

Annual Longevity Pay

2% of Annual Wage3% of Annual Wage4% of Annual Wage5% of Annual Wage6% of Annual Wage

Section 8.

For the purpose of this article, continuous serviceshall be broken by: 1) termination or retirement. However,employees whose employment is for the academic year onlywill not suffer a break in continuous service by reason oftheir employment only during the Employer's academic year,provided they return to work immediately at the start of thefollowing academic year.

Section 9.

Employees absent from work due to layoff, authorizedsick leave or leave of absence for a period of more thanthree (3) consecutive months shall not be credited with, norcontinue to accumulate continuous service for any period

- 43 -

thereafter, until they are returned to the Employer's activepayroll (active pay status).

Article 35. - WORK BY SUPERVISORS

Supervisory employees will not, except as providedbelow, perform the work which as previously been givenexclusively to an hourly rated classification covered bythis Agreement; however, it is understood that such workwill be performed from time to time in situations involving(by way of illustration only) instruction or training ofemployees, demonstrations, testing, experimenting,emergencies or unavailability of qualified unit employees.

Article 36. - NINE MONTH EMPLOYMENT

Section 1.

The Employer may, at its discretion, establish nine (9)month positions in the bargaining unit. The Employer mayalso convert existing twelve (12) month positions to nine(9) month positions when the positions become vacant. Thetotal number of nine (9) month employees in the bargainingunit shall not exceed 30% of the bargaining unit.

Section 2.

The employees in nine (9) month positions shallcontinue to receive health/dental/life insurance providedunder this Agreement during the period they are not assignedany work, provided the employee pays any employeecontribution toward insurance prior to the commencement ofthe period they are not assigned to work.

Section 3.

Vacation, sick pay, and seniority shall not accrueduring the period a nine (9) month employee is not assignedto work. Such accrual shall resume upon return to work.

Section 4.

An employee working in a nine (9) month position shallnot receive University pay nor unemployment compensationduring the period he/she is not assigned to work.

Section 5.

There is no guarantee of summer employment however, ifthe University determines that there is a need for nine (9)month employees to perform summer work, the work will beoffered on a seniority basis within a given classification.However, the employee must be deemed qualified by theUniversity to perform the work available. Summer work will

- 44 -

be offered on an as needed basis and may be for a limitedperiod of time.

Section 6.

All known available summer work will be posted at leastthirty (30) calendar days prior to the last day of classesof the academic year.

Section 7.

The nine (9) month employment period will be from thefirst day of classes of the academic year to the last day ofclasses of the academic year.

Section 8.

All employees presently in nine (9) month positions whohave a seniority date on or before October 23, 1990, shallhave their positions converted to twelve (12) monthpositions if they so desire. An employee shall have thirty(30) days after the effective date of this Agreement to makean election or their position shall remain a nine (9) monthposition.

Section 9.

The language in this article applies only to nine (9)month employees. For purposes of nine (9) month employees,this article supersedes all other sections of the contract.

Section 37. - MISCELLANEOUS

Section 1. - Union Bulletin Boards

The Employer will provide distinctive bulletin boardsin each district which may be used by the Union for postingnotices of the following types:

-- notices of Union recreational and social events-- notices of Union elections-- notices of results of Union Elections-- notices of Union meetings-- notice of other matters (providing prior approval

for posting is received from the General Counsel)

Section 2. - Limit on Use of Bulletin Boards

The Union shall have the exclusive right to the use ofthese bulletin boards. In the event a dispute arisesconcerning the appropriateness of material posted on theUnion bulletin boards, the President of the Local Union willbe advised by the Office of the General Counsel of thenature of the dispute, and the notices or bulletins in

- 45 -

question will be removed from the bulletin boards until thedispute is resolved.

Section 3. - Non-Discrimination

The Employer and the Union bothresponsibilities under Federal, Statepertaining to fair employment practices asprinciples involved in the area ofAccordingly, both parties reaffirm by thiscommitment not to discriminate against anybecause of race, creed, color, religion,age, sex, or Union affiliation.

Section 4. - Use of Facilities

recognize theirand Local lawswell as the moral

civil rights.Agreement by theperson or personsnational origin,

The University agrees it will make every effort to makeUniversity athletic facilities available to Union employeeson the same basis that they are available to non-studentgroups such as faculty and administration. It is recognizedthat use by students takes priority over all other groups.

Section 5. - Savings Clause

If any of the provisions of this Agreement are held tobe invalid by any operation of law or by any competenttribunal, the Employer and the Union agree to re-entercollective bargaining for the purpose of negotiating amutually satisfactory replacement for such provisions.

Article 38 - NO-INTERFERENCE AND NO-LOCKOUT GUARANTEE

Section 1. - No-Interference

The Union and its officials will not cause, support, orcondone, nor shall any employee or employees interrupt theirservice being performed nor take part in any action againstor any interference with the operations of the Universityduring the term of this Agreement.

Section 2. - No-Lockout

The University shall not conduct a lockout of thebargaining unit employees during the term of this Agreement.

Article 39. - DURATION OF AGREEMENT

Section 1.

This Agreement shall continue in full force and effectuntil 11:59 p.m. on November 21, 1994.

- 46 -

Section 2.

If either party desires to modify or change thisAgreement, it shall, sixty (60) days prior to thetermination date or any subsequent termination date, givewritten notice of amendment. If notice of amendment of thisAgreement has been given in accordance with this paragraph,this Agreement may be terminated by either party on itstermination date or any time thereafter on ten (10) dayswritten notice of termination.

Section 3.

If neither party gives notice of amendment as provided,this Agreement shall continue in effect from year to yearthereafter, subject to notice of termination by either partyon sixty (60) days written notice prior to the currentyear's termination date.

Section 4.

Notice of Termination or Modification. Notice shall bein writing and shall be sufficient if sent by certifiedmail, addressed, if to the Union, at its regular address, inLansing, Michigan, and if to Management, at its address inBig Rapids, Michigan, or to any such address as the Union orthe Management may make available to each other.

FOR AFSCME - LOCAL 1609 FOR FERRIS STATE UNIVERSITY

- 47 -

Year 1AFSCME Nov. 22, 1991 through Nov 21,

Classification

Food Service Worker 1Salad Maker ISalad Maker IICooklCook IIBaker 1Baker IIFood Production System CoordinatorFood Service Grill Room

Attendant 1Food Service Grill Room

Attendant IILocker Room AttendantCustodianCustodial - Maintenance

Worker (Pool)Vehicle Maintenace WorkerGrounds WorkerGrounds Worker/OperatorGrounds Worker SpecialistDish Machine OperatorCustodian/Inventory Stockroom

CoordinatorFood Service Stockroom

CoordinatorBus DriverStockroom CoordinatorReceiving CoordinatorMail CoordinatorMoving CoordinatorStockroom Coordinator -

Central StoresJourney CarpenterJourney Locksmith/CarpenterJourney ElectricianJourney PlumberJourney PainterJourney HVACJourney VendingJourney Auto MechanicJourney Power Plant OperatorJourney Elevator Mechanic/

ElectricianMaster ElectricianMaster Plumber/SteamfitterPower Plant Operator

15-Jun-92

1992

Start

7.888.489.068.489.068.489.069.06

8.48

9.068.668.66

9.339.338.669.069.468.66

9.78

9.239.479.559.949.739.73

9.7311.2111.2111.2111.2111.2111.2111.2111.2111.21

12.0712.0712.0712.07

INC3.50%

1 Year ofBargaining Unit

Seniority

8.83 J9.55

10.149.55

10.149.55

10.1410.14

9.55

10.149.699.69

10.4310.439.70

10.1610.589.69

10.87

10.3610.5910.7511.0810.8710.87

10.8712.6212.6212.6212.6212.6212.6212.6212.6212.62

13.5213.5213.5213.52 1

Year 2AFSCME Nov. 22, 1992 through Nov 21,

Classification

Food Service Worker ISalad Maker ISalad Maker IICook ICook IIBaker I

t Baker IIFood Production System CoordinatorFood Service Grill Room

Attendant IFood Service Grill Room

Attendant IILocker Room AttendantCustodianCustodial - Maintenance

Worker (Pool)Vehicle Maintenace WorkerGrounds WorkerGrounds Worker/OperatorGrounds Worker SpecialistDish Machine OperatorCustodian/Inventory Stockroom

CoordinatorFood Service Stockroom

CoordinatorBus DriverStockroom CoordinatorReceiving CoordinatorMail CoordinatorMoving CoordinatorStockroom Coordinator -

Central StoresJourney CarpenterJourney Locksmith/CarpenterJourney ElectricianJourney PlumberJourney PainterJourney HVACJourney VendingJourney Auto MechanicJourney Power Plant OperatorJourney Elevator Mechanic/

ElectricianMaster ElectricianMaster Plumber/SteamfitterPower Plant Operator

1993

Start

7.888.489.068.489.068.489.069.06

8.48

9.068.668.66

9.339.338.669.069.468.66

9.78

9.239.479.559.949.739.73

9.7311.2111.2111.2111.2111.2111.2111.2111.2111.21

12.0712.0712.0712.07

1 Year ofBargaining Unit

Seniority

8.839.55

10.149.55

10.149.55

10.1410.14

9.55

10.149.699.69

10.4310.439.70

10.1610.589.69

10.87

10.3610.5910.7511.0810.8710.87

10.8712.6212.6212.6212.6212.6212.6212.6212.6212.62

13.5213.5213.5213.52

- 49 -

INC3.50%

2 Years ofBargaining Unit

Seniority

9.149.89

10.509.89

10.509.89

10.5010.50

9.89

10.5010.0310.03

10.8010.8010.0410.5210.9510.03

11.25

10.7210.9611.1311.4711.2511.25

11.2513.0613.0613.0613.0613.0613.0613.0613.0613.06

13.9913.9913.9913.99

Year 3AFSCME Nov. 22, 1993 through Nov. 21,

Classification

Food Service Worker ISalad Maker ISalad Maker IICook ICook IIBaker IBaker IIFood Production System CoordinatorFood Service Grill Room

Attendant IFood Service Grill Room

Attendant IILocker Room AttendantCustodianCustodial - Maintenance

Worker (Pool)Vehicle Maintenace WorkerGrounds WorkerGrounds Worker/OperatorGrounds Worker SpecialistDish Machine OperatorCustodian/Inventory Stockroom

CoordinatorFood Service Stockroom

CoordinatorBus DriverStockroom CoordinatorReceiving CoordinatorMail CoordinatorMoving CoordinatorStockroom Coordinator -

Central StoresJourney CarpenterJourney Locksmith/CarpenterJourney ElectricianJourney PlumberJourney PainterJourney HVACJourney VendingJourney Auto MechanicJourney Power Plant OperatorJourney Elevator Mechanic/

ElectricianMaster ElectricianMaster Plumber/SteamfitterPower Plant Operator

15-Jun-92

1994

Start

7.888.489.068.489.068.489.069.06

8.48

9.068.668.66

9.339.338.669.069.468.66

9.78

9.239.479.559.949.739.73

9.7311.2111.2111.2111.2111.2111.2111.2111.2111.21

12.0712.0712.0712.07

1 Year ofBargaining Unit

Seniority

8.839.55

10.149.55

10.149.55

10.1410.14

9.55

10.149.699.69

10.4310.439.70

10.1610.589.69

10.87

10.3610.5910.7511.0810.8710.87

10.8712.6212.6212.6212.6212.6212.6212.6212.6212.62

13.5213.5213.5213.52

- 50 -

2 Years ofBargaining Unit

Seniority

9.149.89

10.509.89

10.509.89

10.5010.50

9.89

10.5010.0310.03

10.8010.8010.0410.5210.9510.03

11.25

10.7210.9611.1311.4711.2511.25

11.2513.0613.0613.0613.0613.0613.0613.0613.0613.06

13.9913.9913.9913.99

INC3.50%

3 Years ofBargaining Unit

Seniority

9.4610.2310.8710.23 J10.8710.2310.8710.87

10.23

10.8710.3810.38

11.1811.1810.3910.8911.3310.38

11.64

11.1011.3411.5211.8711.6411.64

11.6413.5213.5213.5213.5213.5213.5213.5213.5213.52

14.4814.4814.4814.48 1

FOOD SERVICE

Chief Steward

Chief Steward Alternate

Districts:

KnollcrestStewardSteward Alternate

SouthwestStewardSteward Alternate

SouthStewardSteward Alternate

MasselinkStewardSteward Alternate

Rankin CenterStewardSteward Alternate

CLEANING SERVICE

Chief StewardChief Steward Alternate

Districts:

East Masselink, West Masselink, Carlisle, Helen Ferris andCustodian/Inventory Stockroom Coordinator

Steward

Rankin Center, Clark, Vandercook and HallisySteward

Taggart, Pickell, Ward and MillerSteward

Brophy, McNerney, Merrill and TravisSteward

Cramer and BishopSteward

Puterbaugh, Henderson, South Bond and North BondSteward

Health Center, Library, Locker Room Attendants and Custodial- Maintenance Worker

Steward

First Shift Custodians who work 5 a.m. - 1:30 p.m.StewardAlternate Steward

- 51 -

Chief Steward 5 p.m. - 1:30 a.m.

Alumni, M.R.P.C., Prakken, Science, Starr, T & I and T & IAnnex, West

Steward

Audio Visual, Business, Johnson Hall, Music, Rankin, Swan,HPE and Plastics Technology

Steward

Allied Health, Pennock, Creative Arts Center,Learning/Living Center, Pharmacy, Bishop, General ServicesBuilding, Sports Complex, and HET

Steward

All Food Centers, Rankin, Knollcrest, South, Southwest, Westand Masselink

Steward

5 p.m. Float CrewStewardAlternate Steward

PHYSICAL PLANT

Chief StewardAlternate Steward

GroundsStewardAlternate Steward

Electricians, Bus, Garage, Auto MechanicsStewardAlternate Steward

Boiler Operators, H.V.A.C. and VendingStewardAlternate Steward

PaintersSteward

PlumbersStewardAlternate Steward

ClerksChief Steward

Carpenters, Locksmith and MovingStewardAlternate Steward

- 52 -

Article/Section

Agency Shop Provision 5Aid to Other Unions 5Arbitration 12-13Call-in Pay 28Classification (with pay rates) 42-44Check-Off Form 6Deductions 6Definition - Day 10Definition - Grievance 10Definition - Probationary Employee 10Definition of Terms 2Delivery of Additional Check-off Forms .. 7Delivery of Executed Authorization of

Check-Off Form 7Dental Insurance 34-35Discharge or Discipline 13-14Discharge or Discipline layoff 13-14Duration of Agreement 46-47Employees Covered 1-2Employee and Employees 2Equalization of Overtime Hours 29-31Funeral Leave 38Funeral Leave-Immediate Family Members.... 38Funeral Leave-Other Family Members 38Grievance and Arbitration Procedure 10-13Grievance Steps and List of Arbitrators .. 11-13Grievance Time Limits and Probationary

Employees 10-11Group Life Insurance 33Health Insurance 34-36Holidays 32-33Introduction-Grievance and Arbitration.... 10Job Posting, Bidding, Transfers and

Shift Preference 16-21Job Posting and Bidding 16-18Jury Duty 37Layoff and Recall 21-23Leave for Union Business 25Leaves of Absence 24-26Leaves of Absence - General 26Limit of Employer's Liability 7Limit on Use of Bulletin Boards 45-46Long-Term Disability Insurance 35-36Longevity Pay 42-44Longevity Pay Schedule 43-44Loss of Seniority 15

761121348811111138

82512123923212929291111

1124252311

1616281719191983725343414

1

46

1-923222

6

45

2-4

11

10-11

12

4

3

1

1

3

7929

7

- 53 -

Article/Section

Management Rights 3-4Maternity Leave 25Medical Dispute 25-26Medical Leave of Absence 24-25Medical Reimbursement Program 35Miscellaneous 45-46New, Changed or Eliminated Job

Classification 23-24Nine Month Employment 44-45No-Interference and No-Lockout Guarantee . 46No-Interference 46No-Lockout 46Non-Discrimination 46Number of Representation Districts 8Other Agreements 4Overtime Scheduling (rate of pay) 28-31Payment of Check-off or Direct to theUnion 6

Personal Leave 24Personal Leave Day 41-42Pre-Arbitration Conference 11-12Probationary Employees 14Purpose and Intent 1Recall Procedure 23Recognition 1-2Record and Reports 41Refunds 7Remittance of Dues to Secretary-Treasurer. 7Requirements of Union Membership 5-7Rest Periods 28Retirement 36Rules 3Safety Committee 39Savings Clause 46Seniority 14Seniority Defined 14Seniority Lists 14Seniority of Union Officials 15-16Shift Differential 27Shift Hours 27Sick Leave 39-41Sick Leave Credit 39-41Sick Leave Pay Out 40-41Skilled Trades 21Special Conferences 9-10Student Employees 26-27Subcontracting 3-4

41919192537

1836383838379521

819331113117231887

2126431371313131521213232321610204

462

6-8

123

1-6

6-11

11

42

2

9-1078

1-44

2

5

13

23

1-876

3

- 54 -

Article/Section

Temporary Assignments 19Time and One-Half 28-29Transfers 18-21Tuition Waiver 36-37Uniforms 38-39Union Bulletin Boards 45Union Dues and Initiation Fees 6-7Union Education Leave 25Union Representation 8-9Union Security 5-6Use of Facilities 46Vacations 31-32Vision Plan 36Wash-up Time 28When Deductions Begin 7Work by Supervisors 43Workday and Workweek 27Working Hours 27-31

16211627303781997372225218352121

27-92-5

1

5

4

10-1155

1

- 55 -

FSU is an Affirmative Action/Equal Opportunity Institution