COLLECTIVE BARGAINING AGREEMENT

Transcription

1 COLLECTIVE BARGAINING AGREEMENT By and Between MARIST COLLEGE and COMMUNICATIONS WORKERS OF AMERICA AFL-CIO. July 1, June 30, 2019

2 TABLE OF CONTENTS ARTICLE # SEQUENCE PREAMBLE ARTICLE 1 RECOGNITION 1 ARTICLE 2 NON-DISCRIMINATION 1 ARTICLE 3 UNION SECURITY 1 ARTICLE 4 RIGHTS & PRIVILEGES OF THE UNION 2 ARTICLE 5 ABSENCE FOR UNION BUSINESS 2 ARTICLE 6 BULLETIN BOARDS 3 ARTICLE 7 JOINT UNION/MANAGEMENT COMMITTEE 3 ARTICLE 8 EMPLOYEE PERSONNEL FILES 3 ARTICLE 9 RIGHTS OF EMPLOYEES TO UNION REPRESENTATION 4 ARTICLE 10 DISCIPLINE 4 ARTICLE 11 GRIEVANCE & ARBITRATION ARTICLE 12 PROCEDURE 4 RIGHT OF EMPLOYEES TO MEET WITH SUPERVISOR 5 ARTICLE 13 NO STRIKE/NO LOCK OUT 5 ARTICLE 14 MANAGEMENT RIGHTS 6 ARTICLE 15 JOB DESCRIPTION 6 ARTICLE 16 SENIORITY 7 ARTICLE 17 PROBATIONARY EMPLOYEES 7 ARTICLE 18 EMPLOYMENT 8 ARTICLE 19 SCHEDULED TOUR DEFINITION 9 ARTICLE 20 JOB POSTING AND BIDDING 9 ARTICLE 21 SALARY INCREASE 11 ARTICLE 22 OVERTIME 12 ARTICLE 23 SCHEDULE OF SALARY PAYMENT 12 ARTICLE 24 UPGRADE AND TRANSFER 13 ARTICLE 25 NIGHT DIFFERENTIAL 13 ARTICLE 26 RETIREMENT PLAN/TIAA-CREF 14 ARTICLE 27 VACATIONS 14 ARTICLE 28 HOLIDAYS 15 ARTICLE 29 PERSONAL DAYS 16 ARTICLE 30 JURY DUTY 17 ARTICLE 31 BEREAVEMENT 17 ARTICLE 32 SICK LEAVE 18 ARTICLE 33 LEAVES OF ABSENCE 21 ARTICLE 34 HEALTH BENEFITS 21 ARTICLE 35 COLLEGE BENEFITS 22 ARTICLE 36 LAYOFFS AND WORK FORCE ADJUSTMENTS 22 ARTICLE 37 PAST PRACTICE 23 ARTICLE 38 SEPARABILITY OF PROVISIONS 24 ARTICLE 39 HEALTH AND SAFETY 25 ARTICLE 40 WAIVER CLAUSE 25 ARTICLE 41 SNOW DAYS 25 ARTICLE 42 CONFIDENTIALITY OF THIRD PARTY INFORMATION 26 ARTICLE 43 SUBCONTRACTING 26 ARTICLE 44 TECHNOLOGICAL CHANGES 27 ARTICLE 45 PERFORMANCE EVALUATION 27 ARTICLE 46 FLEXIBLE SPENDING ACCOUNT 27 ARTICLE 47 LONGEVITY RECOGNITION 28 ARTICLE 48 HEALTH COVERAGE ACCOUNT 28 ARTICLE 49 STAFF DEVELOPMENT 29 ARTICLE 50 TERMS OF AGREEMENT 30 ATTACHMENT A MARIST DISCIPLINARY POLICY 31 ATTACHMENT B CWA SALARY SCALES 32

3 ATTACHMENT C COLLEGE BENEFITS 33 MEMORANDUM OF AGREEMENT ARTICLE 48 DELETED 34 MEMORANDUM OF AGREEMENT ARTICLE MEMORANDUM OF AGREEMENT ARTICLE MEMORANDUM OF AGREEMENT ARTICLE MEMORANDUM OF AGREEMENT ARTICLE 48 DELETED 38 MEMORANDUM OF AGREEMENT CREDIT FOR PRIOR SERVICE 39 BOLD / UNDERLINING DENOTES CONTRACT CHANGES TABLE OF CONTENTS ALPHABETICAL SEQUENCE ABSENCE FOR UNION BUSINESS ARTICLE 5 2 BEREAVEMENT ARTICLE BULLETIN BOARDS ARTICLE 6 3 COLLEGE BENEFITS ARTICLE COLLEGE BENEFITS ATTACHMENT C 33 CONFIDENTIALITY OF THIRD PARTY INFORMATION ARTICLE DISCIPLINE ARTICLE 10 4 EMPLOYEE PERSONNEL FILES ARTICLE 8 3 EMPLOYMENT ARTICLE 18 8 FLEXIBLE SPENDING ACCOUNT ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE ARTICLE 11 4 HEALTH BENEFITS ARTICLE HEALTH COVERAGE ACCOUNT ARTICLE HEALTH AND SAFETY ARTICLE HOLIDAYS ARTICLE JOB DESCRIPTION ARTICLE 15 6 JOB POSTING AND BIDDING ARTICLE 20 9 JOINT UNION/MANAGEMENT COMMITTEE ARTICLE 7 3 JURY DUTY ARTICLE LAYOFFS AND WORK FORCE ADJUSTMENTS ARTICLE LEAVES OF ABSENCE ARTICLE LONGEVITY RECOGNITION ARTICLE MANAGEMENT RIGHTS ARTICLE 14 6 MARIST DISCIPLINARY POLICY ATTACHMENT A 31 MEMORANDUM OF AGREEMENT ARTICLE MEMORANDUM OF AGREEMENT ARTICLE MEMORANDUM OF AGREEMENT ARTICLE MEMORANDUM OF AGREEMENT ARTICLE MEMORANDUM OF AGREEMENT CREDIT FOR PRIOR SERVICE 39 NIGHT DIFFERENTIAL ARTICLE NON-DISCRIMINATION ARTICLE 2 1 NO STRIKE/NO LOCK OUT ARTICLE 13 5 OVERTIME ARTICLE PAST PRACTICE ARTICLE PERFORMANCE EVALUATION ARTICLE PERSONAL DAYS ARTICLE PREAMBLE 1 PROBATIONARY EMPLOYEES ARTICLE 17 7 RECOGNITION ARTICLE 1 1 RETIREMENT PLAN/TIAA-CREF ARTICLE RIGHT OF EMPLOYEES TO MEET WITH SUPERVISORS ARTICLE 12 5

4 RIGHTS OF EMPLOYEES TO UNION REPRESENTATIVES ARTICLE 9 4 RIGHTS & PRIVILEGES OF THE UNION ARTICLE 4 2 CWA SALARY SCALES ATTACHMENT B 32 SALARY INCREASE ARTICLE SCHEDULE OF SALARY PAYMENT ARTICLE SCHEDULED TOUR DEFINITION ARTICLE 19 9 SENIORITY ARTICLE 16 7 SEPARABILITY OF PROVISIONS ARTICLE SICK LEAVE ARTICLE SNOW DAYS ARTICLE STAFF DEVELOPMENT ARTICLE SUBCONTRACTING ARTICLE TECHNOLOGICAL CHANGES ARTICLE TERMS OF AGREEMENT ARTICLE UNION SECURITY ARTICLE 3 1 UPGRADE AND TRANSFER ARTICLE VACATIONS ARTICLE WAIVER CLAUSE ARTICLE BOLD / UNDERLINING DENOTES CONTRACT CHANGES

5 PREAMBLE This Agreement entered into by Marist College (hereinafter referred to as the College) and The Communications Workers of America, AFL-CIO (hereinafter referred to as the Union), has as its purpose the improvement and promotion of harmonious relations between the parties; the establishment of an equitable and peaceful procedure for the amicable resolution of all differences, disputes and grievances; and the establishment and determination of rates and salaries and wages, fringe benefits, hours of work and other terms and conditions of employment. ARTICLE 1: RECOGNITION SECTION 1. The College hereby recognizes the Communications Workers of America, AFL-CIO as the exclusive bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment, for all its employees in the Secretarial and Clerical Unit. ARTICLE 2: NON-DISCRIMINATION SECTION 1. Neither the College nor the Union shall discriminate against any employee with respect to any of the forms or conditions of his or her employment on account of race, creed, color, sex, marital status, religion, national origin, sexual orientation, disability, age, or veteran status. SECTION 2. The use of the male pronoun in this Agreement shall not describe any specific employee or group of employees, but is limited to refer to all employees regardless of sex. ARTICLE 3: UNION SECURITY SECTION 1. The College agrees to deduct from the regular paycheck of any bargaining unit employee the dues of the Union, or its equivalent. SECTION 2. Each employee who is a member of the Union on the effective date of this Agreement or any employee entering into the bargaining unit after the effective date of this Agreement, shall pay or tender to the Union amounts equal to the periodic dues applicable to members for the period from such effective date, or in the case of employees entering into the bargaining unit after the effective date, on or after the thirtieth (30 th ) day after such entrance, whichever of these dates is later, until the termination of the agreement. For the purpose of this Article, employee shall mean any person entering into the bargaining unit. Each employee who is a member of the bargaining unit on or before the effective date of this Agreement and who on the effective date of this Agreement was not required as a condition of employment to pay or tender to the Union amounts equal to the periodic dues applicable to members shall, as a condition of employment, pay or tender to the Union amounts equal to the periodic dues applicable to members for the period beginning thirty (30) days after the effective date of this Agreement, until the termination of this Agreement. 1

6 The conditions of employment specified above shall not apply during periods of formal separation from the bargaining unit by any such employee but shall reapply to such employee on the thirtieth (30 th ) day following his return to the bargaining unit: The term formal separation includes transfers out of the bargaining unit, removal from the payroll of the College, and leaves of absence of more than four (4) months duration. SECTION 3. Dues shall be two percent (2.0%) per week of the basic weekly wage rate, or such other amount as may be certified to the College by the Union at least thirty (30) days prior to the month in which the deduction of Union dues is to be made. SECTION 4. The deduction of Union dues or its equivalent made pursuant to this Agreement shall be remitted to the Communications Workers of America, to the address designated by them on a monthly basis, together with a list of employees from whose pay such deductions were made, or if no deduction was made, the reason for not making a deduction. On July 1, 1991, or as soon thereafter as possible, the list shall include the employee s name, social security number, base hours per week, base earnings per week, the amount of dues paid and the number of weeks in the pay period. SECTION 5. The Union hereby agrees to indemnify the College and hold it harmless from all claims, damages, costs, fees or charges of any kind, which may arise out of the honoring by the College of dues deduction authorizations in accordance with the provisions of this Article, and the transmitting of such deducted dues to the Union. ARTICLE 4: RIGHTS AND PRIVILEGES OF THE UNION SECTION 1. The Union shall have the right to designate representatives of the Union as an Officer, Executive Board Member, Chief Steward or Steward who shall not be discriminated against due to their legitimate union activity. SECTION 2. The designated representatives of the Union shall have reasonable access to the Employer s premises for the purpose of conferring with the Employer, representatives of the Union and/or employees in the bargaining unit for the purpose of administering this agreement subject to the conditions stated in Section 3. SECTION 3. When a Union Representative wishes to visit the Employer s premises, he shall advise the Associate Vice President for Human Resources or his/her designee of his visit and stated purpose. Visits by Union Representatives to bargaining unit employees shall be at such time and under such circumstances so as not to interfere with the normal work operation of the employees. ARTICLE 5: ABSENCE FOR UNION BUSINESS SECTION 1. At the discretion of the Associate Vice President for Human Resources or his/her designee, employees who are authorized representatives of the Union shall be excused without pay at the request of an authorized officer of the Union to attend to the business of the Union. (Such time off shall not exceed thirty <30> working days per calendar year). SECTION 2. Union business time off will not be chargeable and shall not apply to any employee in connection with the processing of a grievance, Labor/ Management negotiations or a Labor/Management meeting. 2

7 SECTION 3. For the purpose of this Article, authorized representatives are defined as Executive Board Member, Chief Steward, or Steward. SECTION 4. Under normal circumstances time off for five (5) working days or more will require twenty-one (21) days notification. Any time off less than five (5) working days under normal circumstances will require two (2) working days notification. ARTICLE 6: BULLETIN BOARDS SECTION 1. The College shall make space available on the bulletin boards located next to Donnelly 210, Campus Center, Library, Dyson and Lowell Thomas for the purpose of posting factual and noncontroversial material which a designated representative of the Union may desire to post. The College shall be responsible for the installation of these two (2) new bulletin board locations. If management contends posted notices are not within the spirit of this Article, the responsible Union Representative when available will remove such notice. However, if the Union Representative is not available, management reserves the right to remove such material. Otherwise, the Union shall utilize the Steward structure to disseminate information and meeting notices. ARTICLE 7: JOINT UNION/MANAGEMENT COMMITTEE SECTION 1. A Union/Management Committee shall be created which will meet at least quarterly, to consider methods of improving working and safety conditions on the campus, productivity and cost saving procedure. This committee may be used to give preliminary consideration to Joint Labor/ Management concerns for operating policies, programs, job descriptions and classifications. SECTION 2. This committee shall consist of three (3) Union and three (3) Management representatives. ARTICLE 8: SECTION 1. DELETED EMPLOYEES PERSONNEL FILES SECTION 2. An employee shall be entitled to inspect and copy material in the College s personnel files regarding the employee. A single copy of any material in the employee s personnel file shall be provided by the College at no cost to the employee. The employee may inspect the personnel file and copy new material in the file as frequently as is reasonable. Requests to inspect personnel file(s) shall be made to the Associate Vice President for Human Resources or his/her designee. SECTION 3. No employment information will be released on any employee separated from the payroll without written authorization, except to the extent required by law. SECTION 4. An employee may designate in writing to the Associate Vice President for Human Resources or his/her designee a Union Representative to inspect his personnel files. SECTION 5. DELETED SECTION 6. Documents pertaining to a disciplinary action will be removed after eighteen (18) months from the date of the action, provided the employee has not committed a similar offense within that eighteen (18) month period. 3

8 ARTICLE 9: RIGHT OF EMPLOYEES TO UNION REPRESENTATION SECTION 1. Any employee is entitled to Union representation in any discussion between the employee and representatives of the College in which the employee has reasonable grounds to believe the interview will adversely affect his continued employment or his working conditions. SECTION 2. An authorized representative of the College or a supervisor shall advise the employee of his right to union representation. The employee shall reduce to writing his refusal of union representation. ARTICLE 10: DISCIPLINE SECTION 1. Discipline of an employee shall be imposed only for just cause. Discipline under this Article, means only official written reprimand, fine, suspension, demotion, or removal. Demotion or removal, based upon a layoff or other operational judgment of the College, shall not be construed to be discipline. SECTION 2. An authorized representative of the College or a supervisor shall advise the employee of his right to union representation. The employee shall reduce to writing his refusal of union representation. SECTION 3. against him. The employee may request and receive a copy of any charges made SECTION 4. The Marist College Constructive Progressive Disciplinary Plan shall be followed when applying discipline. See Attachment A. ARTICLE 11: GRIEVANCE AND ARBITRATION PROCEDURE SECTION 1. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of an expressed term or condition of this Agreement. SECTION 2. All claims that this Agreement has been violated shall be handled in accordance with the following procedure: FIRST STEP: The matter shall be discussed orally amongst the assigned Steward, immediate supervisor and aggrieved employee. The alleged grievance must be brought to the first step within fifteen (15) working days of its occurrence or within fifteen (15) working days from when the alleged grievance becomes known to the grievant. A reply shall be given within fifteen (15) working days to the grievant and the Steward. SECOND STEP: If the grievance is not settled at the oral stage, it shall be reduced to writing, on a form to be mutually agreed upon by the College and the Union for that purpose. The written grievance shall contain the name of the grievant, the date of the incident, the section of the Agreement allegedly violated, improperly interpreted, or misapplied, the facts which constitute the wrong, and the relief sought by the grievant. The form shall be dated and given to the next in line supervisor within five (5) working days after the receipt of the supervisor s oral answer to the grievance. The next in line supervisor shall discuss the alleged grievance with the Union s Chief Steward (or the assigned steward) together with the grievant at a mutually convenient time, within five (5) working days of the date that the 2 nd step grievance 4

9 was received. Once the grievance has reached the 2 nd step, the immediate supervisor shall not attempt to settle the grievance with the grievant. The next in line supervisor shall give his written answer to the grievance to the President of the Union within five (5) working days after the conclusion of the discussion. THIRD STEP: If not satisfactorily settled at the second step, the grievance may be appealed in writing to the Associate Vice President for Human Resources or his/her designee from the professional staff of the Office of Human Resources within five (5) working days after the receipt of the 2 nd step reply. Either the Union or the College may request a meeting in order to review the grievance within five (5) working days. The following persons may be present at this review meeting: The Grievance Coordinator, Business Agent, Chief Steward, Steward or the grievant (not to exceed three <3> paid employees), the immediate supervisor and the Associate Vice President for Human Resources or his/her designee from the professional staff of the Office of Human Resources. The College shall mail or deliver a written reply to the President of the Union giving the reason for its decision by the seventh (7 th ) working day following the review of the grievance. FOURTH STEP: If not satisfactorily settled at Step 3, the grievance may be referred to a mediator from the Federal Mediation and Conciliation Service to aid in reaching a satisfactory settlement within fifteen (15) days of the third step decision. FIFTH STEP: If not satisfactorily settled at Step 3 or Step 4, the grievance may be appealed to Arbitration. Either party s right to process the grievance to arbitration shall be deemed waived and a demand for arbitration barred should the complaining party fail to submit a written demand for arbitration to the American Arbitration Association (AAA) within thirty (30) calendar days of the College s decision as described above in Step 3. The Arbitrator shall be selected by the parties from a panel of arbitrators furnished by the AAA. Each party to this Agreement shall bear the expenses of preparing and presenting its own case. The fee and expense of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties hereto. The decision of the Arbitrator shall be final and binding upon both parties. It is understood that the Arbitrator shall have the power to modify on disciplinary cases, but shall be unable to modify the Agreement. SECTION 3. Any step may be extended or waived by mutual agreement between the Union and the College. The College and the Union shall honor any reasonable request made prior to the expiration of the time limit. SECTION 4. The College shall pay those employees named in Step 1, Step 2, and Step 3 at their regular wage rate when they are involved in grievance discussion and review with management. SECTION 5. The Union and the College have the right to designate alternates at any step of this procedure. ARTICLE 12: DELETED ARTICLE 13: NO STRIKE/NO LOCK OUT SECTION 1. Neither the Union nor any employee shall engage in any illegal strike, partial strike, sit-down, sit-in, slowdown, cessation or stoppage or interruption of work, boycott, picketing or other interference with the operations of the College. 5

10 SECTION 2. The Union, its officers, agents, representatives and members shall not in any way directly or indirectly authorize, assist, encourage, participate in or sanction any illegal strike, partial strike, sit-down, sit-in, slowdown, cessation or stoppage or interruption of work, or boycott. SECTION 3. In addition to any liability, remedy or right provided by applicable law or statute, should an illegal strike, partial strike, sit-down, sit-in, slowdown, cessation or stoppage or interruption of work or boycott interfere with the operations of the College the Union within twenty-four (24) hours of a request by the College shall: Publicly disavow such action by the employees. Advise the College in writing that such action by the employees has not been called or sanctioned by the Union. Notify employees in writing of its disapproval of such action and instruct such employees to cease such action and return to work immediately. SECTION 4. of this Agreement. The College agrees that it will not lock out employees during the term ARTICLE 14: MANAGEMENT RIGHTS SECTION 1. The Union recognizes and acknowledges that the Employer reserves to itself, except as this Agreement otherwise expressly provides, the following rights, regardless of whether such rights shall cause a reduction in the workforce or the hours of work of its employees: The management of the College and the direction of the employees including but not limited to, the right to hire, promote, transfer, layoff, assign work and/or shifts, or otherwise affect the employment status of employees, The right to plan, direct, control operations and to introduce new or improved methods or facilities, new equipment and changes in operating techniques and technological improvements, The right to reduce or eliminate its operation or any part thereof, The right to promulgate, amend and enforce such rules, regulations, policies, and procedures as it deems necessary and proper for the successful operation of the College, and, In all respects the right to carry out the ordinary and proper functions of management. SECTION 2. By not exercising the rights hereby reserved to it and so acknowledged by the Union, or by exercising them in a specific way, the Employer shall not be deemed to have waived the rights so reserved to it and to its representatives, nor shall it be deemed to waive its right to exercise them in any way not in conflict with the expressed terms and conditions of this Agreement. ARTICLE 15: JOB DESCRIPTION AND CLASSIFICATION SECTION 1. Job descriptions will be provided by the College to each individual employee and to the Union. Employees shall have the right to suggest recommendations for changes through the Joint Union/Management Committee. Effective July 01, 2015, a library of all future posted vacancies, which will include a detailed job description, will be maintained on the HR portal. 6

11 ARTICLE 16: SENIORITY SECTION 1. The employee s continuous service at Marist College shall be the determining factor in measuring seniority. SECTION 2. A granted leave of absence without pay of up to one hundred and twenty (120) calendar days shall not be considered an interruption of continuous service. SECTION 3. The College shall be responsible for establishing and maintaining a seniority list in accordance with this Article for all employees. This will determine all recalls and rehires. Said list shall be made available to the Union upon request. SECTION 4. Employees specifically covered by this Agreement, whose salary is charged to a special or non-operating budget fund and who are informed at the time of their hire or at the time of transfer that their employment is for a special non-operating budget or research project of a non-specific duration, for the purpose of layoff shall be considered to have classification seniority. These employees shall be considered permanent employees and shall have all rights covered under Article 36 of this Agreement. The College shall notify the Union of all departments and employees covered under this section. SECTION 5. Employees that are in functions subject to external funding, including research projects shall be considered first to fill vacant positions on campus in the event of a job elimination or a reduction in hours due to funding cutbacks. ARTICLE 17: PROBATIONARY EMPLOYEES SECTION 1. All new full-time employees will be required to complete a four (4) month probationary period. Part-time employees will be on probation for a period of six (6) months. SECTION 2. At the end of forty (40) seventy-five (75) and one hundred (100) calendar days, the immediate supervisor shall submit a written performance evaluation to the employee and office of Human Resources. The one hundred (100) day performance evaluation must indicate either a move to permanent status or termination. A five percent (5%) increase shall be granted at the end of the probationary period, retroactive to the 100 th day (above). SECTION 3. Termination during the probationary period will be at the recommendation of the immediate supervisor. Probationary employees may be disciplined or terminated during the probationary period. The discharge of any probationary employee shall be subject to an informal review between the President of the Union and the Director of Human Resources or his/her designee of the College and not subject to the Grievance and Arbitration provisions of this Agreement. SECTION 4. For the purpose of seniority as provided in this Agreement, once an employee completes his probationary period and is employed as a permanent employee, his seniority date shall be his date of hire as defined in this Agreement. SECTION 5. No probationary employee shall be eligible for any fringe benefits other than holidays. Holidays observed by the College will be granted with pay during the probationary period. 7

12 Beginning January 1, 2014, Health Benefits shall begin after the 90-day waiting period as mandated by the Affordable Care Act, assuming that provision remains in the law at that date. All other benefits will begin with the achievement of permanent status. Seniority, sick and personal days, and vacation days will be credited back to the date of hire. ARTICLE 18: EMPLOYMENT SECTION 1. The College agrees that all unit employees who work at least thirty (30) hours per week shall be considered permanent full time employees. SECTION 2. Permanent part time employees will be all unit employees who work at least one (1) hour but less than thirty (30) hours per week. SECTION 3. Temporary employees shall not under any circumstances be employed beyond thirty-nine (39) consecutive workdays at Marist College. Temporary employees working at Marist at the time of hire into a permanent position shall be granted full credit for time worked upon gaining permanent status. Temporary employees shall not be used to fill vacated union positions. If no qualified internal candidate applies, a temporary employee may be considered for the vacated position. The foregoing paragraphs apply to temporary employees filling vacated permanent union positions. SECTION 4. Occasional employee means one who is engaged on a daily basis for a period of more than six (6) consecutive weeks. The College will make every effort to limit the use of occasional employees to fill vacated unit positions to no more than four (4) consecutive weeks. The purpose for such employment shall be for bona fide peak workload related reasons. SECTION 5. No non-union bargaining unit employee as defined by this Agreement shall be assigned bargaining unit work on a regular basis while an employee covered by this Agreement is in recall status after having been laid off. SECTION 6. A student employee is defined as an employee whose primary purpose is the completion of a degree at Marist. For the duration of this Agreement the College will make a good faith attempt to not increase the number of hours of bargaining unit work assigned to students. Departmental student employees shall not be used to replace or fill in for a bargaining unit member. SECTION 7. Temporary employees may exceed the limitation stated in Section 3 if they are substituting for bargaining unit members on an approved leave. SECTION 8. Upon completion of thirty-nine (39) working days of continuous employment after 7/1/97, all temporary and occasional employees assigned to positions within the bargaining unit who are not filling the positions of a union member on a leave of absence shall be required to join the Union or pay or tender to the Union amounts equal to the periodic dues applicable to members. Such temporary employees may be terminated at the discretion of the College and that decision will not be subject to the provisions of Article 10 of this Agreement or any other articles of this Agreement, except Article 11 (Grievance and Arbitration) for matters relating to working conditions other than compensation and benefit issues. 8

13 ARTICLE 19: SCHEDULED TOUR DEFINITION SECTION 1. The standard workweek consists of thirty-seven and one-half (37 ½) hours a week, seven and one-half (7½) hours a day, Monday through Friday with one (1) hour unpaid period for lunch. Any changes to standard hours shall be communicated with the Union thirty (30) days prior to any changes taking effect, unless agreed upon by the President of CWA Local 1120 or his designee. SECTION 2. A scheduled tour for any employee is a tour during which that employee is scheduled to work. SECTION 3. A Day Tour is a regular tour, which starts at or after 7:00 a.m. and ends at or before 5:00 p.m. Under normal circumstances the one (1) hour meal period shall be taken between the hours of 11:00 a.m. and 2:30 p.m. and shall be mutually agreed upon by the employee and the supervisor. SECTION 4. A Night Tour is a regular tour, which starts or ends after 5:00 p.m. and before 7:00 a.m. The one (1) hour meal period shall be taken between 9:00 p.m. and 12:00 midnight and shall be mutually agreed upon by the employee and the supervisor. SECTION 5. A change from the regular schedule to earlier or summer hours is granted the office staff with the approval of the senior executive for the area when it does not interfere with the office operations. Summer hours, with the approval of the senior executive can be adjusted from 8:30 a.m. to 5:00 p.m. to 8:00 a.m. to 4:30 p.m., Monday through Thursday, Friday will be scheduled for a six and one-half (6 ½) hour tour but shall be paid for seven and one-half (7 ½) hours. With the approval of the senior executive, there shall be an option of a thirty (30) hour workweek, with the remaining seven and one half (7 ½) of scheduled tour unpaid. SECTION 6. All regular full time employees covered by the terms of this Agreement shall be entitled to two (2) fifteen (15) minute rest periods per day or one (1) thirty (30) minute rest period per day as assigned by the Employer or subject to the discretion of the supervisor for the area. The employee must directly request a thirty (30) minute rest period from his immediate supervisor. The thirty (30) minute rest period shall not be used at the beginning or end of the scheduled tour. Part time employees covered by the terms of this Agreement shall be entitled to one (1) fifteen (15) minute rest period for each four (4) consecutive hours of work. ARTICLE 20: JOB POSTING, BIDDING AND RECALSSIFICATION SECTION 1. The College shall be responsible to notify the Union immediately of all upcoming vacancies within job classifications covered by this Agreement. The College shall review these upcoming vacancies upon request of a Chief Steward or a designee of the Union assigned to the affected department. This shall continue until the position is posted. Normally, the position shall be posted within thirty (30) days of the date it became vacant. Where the College has determined that a vacant position will not be filled, the posting requirements of this section shall not apply. The College will notify the Union when such a determination has been made. SECTION 2. The College will also post notices of all vacant bargaining unit positions on campus . In addition, vacant bargaining unit positions will be posted electronically for five (5) consecutive workdays. 9

14 The posting will include the date posted, job title, work schedule, rate of pay, a detailed description of the duties, any known blackout periods for leave, the minimum requirements for filling the position, and a numerical sequence for each new position for the life of the contract. Employees must file their applications electronically by the published deadline, which shall be no less than five (5) working days from the initial date of posting. The College will send the notification and post vacant bargaining unit positions electronically on the HR jobsite three (3) working days before the appearance of advertisements in the newspaper. SECTION 3. The College is committed to the principle of hiring from within the bargaining unit in order to promote an atmosphere of development and growth within the Marist Community. The College shall interview all internal candidates who meet the minimum qualifications for the posted position and make a determination of their full qualifications before forwarding to the hiring official the applications of the external candidates. The College will be the sole judge with respect to the degree to which applicants meet job qualifications and other requirements of the position as demonstrated in the interview process. With the concurrence of the Union President or his designee, the hiring official may be permitted to continue considering the candidacy of one or more internal candidates while reviewing and interviewing selected external candidates. If no internal candidate is deemed to meet job qualifications, each candidate shall be notified by the Director of Employee Relations before the hiring official receives the applications of and interviews external candidates. The Director of Employee Relations will convey to each applicant the reason for the decision. At the request of the employee(s) and within ten (10) days of the decision of the selecting official and upon the written request of the Union, the Director of Employee Relations and the Chief Steward and, if he wishes, the employee not selected for the position shall meet with the selecting official. The purpose of such meeting shall be to discuss the rationale for the decision. When two (2) or more applicants from within the bargaining unit are equally qualified, the applicant with the greatest amount of seniority shall be selected. SECTION 4. The Office of Human Resources shall notify any internal applicant not selected for a vacant position after employing another internal applicant. SECTION 5. Permanent employees selected to fill a posted vacancy will be considered to be in training for the first thirty (30) calendar days following the date the employee begins working in the new position. If before the end of the thirty (30) days the employee chooses not to remain in the new position, the employee shall be returned to his previous position. If at the end of the thirty (30) calendar days, the employee in the opinion of the College has not successfully completed the training period, the employee shall be returned to his previous position. SECTION 6. RECLASSIFICATIONS The employee shall submit the reclassification via attachment to the supervisor and the Office of Human Resources. The supervisor must review and forward the application with appropriate signatures to the Office of Human Resources within thirty (30) days of the receipt of the application. A permanent employee who is promoted or reclassified to a higher-level position shall receive a salary increase equal to the percentage differential between the after probation rates for the current position and the higher-level position. Salary increases for approved reclassifications within the thirty (30) day time frame will be effective from the date of the supervisor s signature. Salary increases for approved applications received outside of the thirty (30) day time frame will be retroactive to the end of the thirty 10

15 (30) day deadline. When an employee s reclassification is denied, a detailed written explanation of the reasons for denial shall be furnished to the employee and the Business Agent of the Union within 15 days via . SECTION 7. An employee who is selected to fill a posted vacancy in the same level will continue to receive the same hourly rate he was paid prior to his selection to the new position. SECTION 8. Employees who voluntarily apply for and are selected to fill a posted vacancy at a lower level shall have their pay reduced as follows: Weeks 1 through 26 a one third (1/3) reduction of the difference in pay Weeks 27 through 52 a two thirds (2/3) reduction of the difference in pay Week 53 and thereafter a full reduction in pay to the after probation rate for that level. SECTION 9. The College shall make a good faith effort to notify the Union at least two (2) weeks prior to posting, of any proposed upgrade or downgrade of an open bargaining unit position. SECTION 10. An employee with less than six (6) months of overall service at the College will not be eligible for consideration for a posted job outside their department. ARTICLE 21: SALARY INCREASE SECTION 1. YEAR 1: Effective 7/1/15, a two (2) percent increase across the board, plus a one thousand dollar ($ ) ratification bonus, off base. YEAR 2: Effective 7/1/16, a two (2) percent increase across the board. YEAR 3: Effective 7/1/17, a two (2) percent increase across the board. YEAR 4: Effective 7/1/18, a two (2) percent increase across the board. SECTION 2. Effective 7/1/15 longevity payments will be established at the following rates: 5 years of service (within calendar year) 1.25% 10 years of service (within calendar year) 1.75% 15 years of service (within calendar year) 2.25% 20 years of service (within calendar year) 2.75% 25 years of service and each subsequent five year anniversary (within calendar year) 3.25% 11

16 ARTICLE 22: OVERTIME SECTION 1. Time and one half (1 ½) the regular rate of pay shall be paid for all hours worked in excess of seven and one half (7 ½) hours in any one workday or in excess of thirty-seven and one half (37 ½) hours in any work week. SECTION 2. Double (2) times the regular rate of pay shall be paid for all hours worked in excess of forty-five (45) hours per week. SECTION 3. For the purpose of computing overtime, paid holidays, paid vacation, paid sick and paid personal time and release time for union business shall be deemed time worked. SECTION 4. Overtime is computed in blocks of one half (½) hour. When possible, notification for overtime shall be given to the employee at least one (1) day in advance. SECTION 5. When an employee is called from home by his supervisor to work on an emergency basis, a minimum of two (2) hours at the overtime rate will be paid. Compensation for overtime in such cases will be given at the appropriate rate for the pay period. SECTION 6. Compensation for overtime will be made in the regular payroll week. SECTION 7. Overtime hours shall be offered by seniority on a rotating basis so that assigned overtime has been distributed equitably within the work unit of the supervisor requesting the extra hours, except: Where the employee is not qualified to perform the work required, or, Where the employee has been previously assigned the work and that assignment runs past the end of the shift. Where no employee within the work unit agrees to work overtime, it will be assigned by the supervisor in reverse order of seniority to those employees who are qualified to perform the work. ARTICLE 23: SCHEDULE OF SALARY PAYMENT SECTION 1. The College workweek begins officially on Saturday and ends on Friday. The Payroll Office will issue salary checks every other Friday for the preceding two (2) week s work, before the end of the employee s workday. When Friday is a scheduled holiday, checks will be issued the preceding day. Direct deposit is strongly encouraged, and those funds will be made available to the employee, at the latest, the morning of the scheduled pay date. Check stubs are available on-line through the mymarist portal. SECTION 1B. DELETED SECTION 2. If checks are delayed due to equipment malfunction or for other unavoidable reasons, provisions will be made to give employees cash advances until the checks are available for distribution. 12

17 SECTION 3. The following payroll deductions are mandated by law: Social Security Federal Income Tax New York State Income Tax New York State Disability Tax Medicare In addition, Union dues, pension, health insurance, EPAC, gifts to the United Way and the College Fund Drive, Credit Union and individual savings may be deducted where authorized, or requested, as well as liens or garnishes as required by law. ARTICLE 24: UPGRADE AND TRANSFER SECTION 1. In transferring bargaining unit employees from one position to another, the following definitions will be understood: A) A promotion is a move to a position with a level designation higher than the employee s current level. B) A lateral transfer is a move to a position with the same level designation. C) A downgrade is a move to a position with a level designation lower than the employee s current level. D) An employee who receives a promotion as defined in this article shall receive an increase as defined in Article 20, Section 6. E) An employee who moves to a position at the same level as his current position may request a Job Reclassification Review. F) An employee who is transferred will be provided with a thirty (30) calendar day period of training for assessment of his suitability for the position. During this period the employee enjoys retreat rights to his previous position, if either he or his supervisor is dissatisfied. SECTION 2. Employees temporarily assigned to a higher level or administrative position for coverage will receive an eight (8) percent increase for the duration of the assignment. Usually, no more than one (1) employee may be eligible for this temporary increase per position but this in no way limits the College from assigning additional employees, as it deems necessary. SECTION 3. The Union Office shall be notified in writing by the Office of Human Resources of all transfers of employees. ARTICLE 25: NIGHT DIFFERENTIAL SECTION 1. The College shall pay one dollar and fifteen cents ($1.15) per hour night differential in accordance with the following sections. SECTION 2. Employees of record as of June 30, 2000 who remain in their position after July 1, 2000 and whose regularly scheduled workday begins at or after 7:00 a.m. and ends after 5:00 p.m. will be paid night differential for all hours worked. SECTION 3. An employee hired, transferred or promoted (excluding reclassification in the same position) after July 1, 2000 whose regularly scheduled tour starts at or after 1:00 p.m. and ends after 5:00 p.m. will be paid night differential for all hours worked. 13

18 SECTION 4. An employee who is scheduled to work any hours after 5:00 p.m. but whose workday begins before 1:00 p.m. will be paid night differential for all hours worked after 5:00 p.m. ARTICLE 26: RETIREMENT PLAN/TIAA-CREF SECTION 1. Participation in the College Retirement Plan is mandatory. There is a one-year waiting period. All full and part time employees with one consecutive year of employment and have worked at least 1000 hours during the calendar year, must participate in the College Retirement Plan, (TIAA-CREF). Participation begins on the first day of the month following the completion of one (1) year of service. New employees who have participated in TIAA-CREF at another institution of higher education may begin participation after one month of service. The contribution schedule is as follows: Employee College Contribution Years 1-6 in Plan 4% 7.5% Years 7 15 in Plan 1% 10.5% Years 16 or more in 1% 12% Participation continues through the period of employment regardless of the number of hours worked, except during authorized leaves of absence when no benefits through payroll deduction continue to accrue. Details of the retirement program are available in the Office of Human Resources. Individual employee contributions are withdrawn through payroll deductions. Contributions are to be made to individual employee accounts and become automatically vested with the employee; no claim is retained by the Employer. Each quarter, every participant will receive directly from TIAA-CREF, a statement of account indicating prior quarter s contribution as well as a summary of total accumulation to date. Any participant not receiving this form shall notify TIAA-CREF. ARTICLE 27: VACATIONS SECTION 1. All permanent full time and part time employees receive paid vacation to be calculated on their continuous date of hire. All vacation due in the fiscal year (July 1 st ) will be made available in full at the start of each fiscal year. Vacation time is to be taken at a time mutually convenient to the employee and supervisor and according to seniority within the department. Any vacation time taken but not accrued by an employee who terminates or is terminated by the College, will be deducted from the last pay check. SECTION 2. VACATION ACCRUAL: Employees who complete one (1) year of service but less than three (3) years of service receive two (2) weeks vacation. Employees who complete three (3) years or more of service but less than seven (7) years of service receive three (3) weeks vacation. 14

19 Employees who complete seven (7) years or more of service will receive four (4) weeks vacation. For new employees hired after January 1 st, the following July 1 st begins the first vacation year. For new employees hired before January 1 st, the following July 1 st begins the second vacation year. Vacation days for new employees are earned on a pro-rated basis for that period of time worked prior to July 1; pro-ration is based upon the year one vacation schedule. SECTION 3. Vacation leave is neither payable nor usable until the probationary period is completed; however, in computing vacation the original date of hire will be used. SECTION 4. Vacation leave, with advance supervisory approval, may be taken in increments of not less than one half (1/2) day. SECTION 5. Upon separation from service, employees will be paid for unused vacation accruals. Any vacation taken in excess of accrual at termination will be deducted from the employee s final paycheck. There will be a single lump sum payment for such unused vacation paid in a separate check, after termination, if requested by the employee. SECTION 6. Employees may carry over up to fifteen (15) days into the subsequent vacation year. Any time earned and unused, in excess of fifteen (15) days on June 30 th shall be donated to the sick bank. SECTION 7. VACATION CREDIT FOR PART TIME EMPLOYEES MOVING TO FULL TIME STATUS: Vacation credit for part time employees moving to full time status will be given as follows: Total number of hours worked divided by hours required for one (1) weeks work (37 ½ hours) to give the number of credited weeks. Number of credited weeks totaled and counted back from effective date of full time employment. FOR EXAMPLE: A part time employee who has worked a total of 4,000 hours for the past three years, and works full time as of July 1, would be given credit for 106 weeks at 37 ½ hours. These weeks would be counted back from July 1 date of full time employment making effective date of full time employment for vacation purposes June 15 of two years previous. ARTICLE 28: HOLIDAYS SECTION 1. All permanent full-time employees shall be entitled to the paid holidays listed below, subject to the provisions of this Article: New Year s Day (January 1 st ) Martin Luther King Jr. s Birthday (3 rd Monday of January) President s Day (3 rd Monday of February) Good Friday Memorial Day (4 th Monday of May) Independence Day (July 4 th ) Labor Day (1 st Monday of September) Columbus Day Thanksgiving Day Day After Thanksgiving 15

20 Christmas Eve Christmas Day New Year s Eve Election Day (In a Presidential Election year) SECTION 2. In the event that an employee is required to work on any College scheduled holiday (College closed), payment for such time worked shall be at the employee s discretion with the following options: Receive one and one-half (1 ½) the employee s hourly base rate for all time worked on the holiday plus holiday payment. Elect compensatory time off for all time worked on the holiday at the rate of one and one-half (1 ½) hours for each hour worked, plus holiday payment. Elect an hourly payment of one and one-half (1 ½) the employee s hourly base rate for all time worked on the holiday plus a compensatory time off in lieu of the holiday. The scheduling of compensatory time will be subject to supervisory discretion. SECTION 3. If a legal holiday falls during an employee s normally scheduled vacation period, the employee shall receive an additional day off at his base rate of pay or payment in lieu of a day off. The scheduling of an additional day off shall be at the supervisor s discretion. SECTION 4. Part time employees shall be entitled to paid holidays at their average daily rate of pay, provided the holiday falls on a day the employee is normally scheduled to work. SECTION 5. To be eligible for holiday pay, the holiday must fall on an employee s regularly scheduled day of work and not be on a leave of absence or on strike. In the case of a postponed holiday, as defined in Section 7, the employee must have been employed on the original date of the holiday to receive pay for the day the holiday is postponed to. SECTION 6. Any holiday listed in Section 1 which falls on a Sunday shall be celebrated on the following Monday, and any holiday listed in Section 1 which falls on a Saturday shall be celebrated the previous Friday. SECTION 7. If the College is in session on any of the holidays listed in Section 1, either campus wide or in part, the holiday may be postponed, depending on the academic calendar, to provide a long weekend at a future date. SECTION 8. If a permanent full-time employee s scheduled day off falls on a day, which the College celebrates as a holiday, the employee shall receive a compensatory day off within that year for that holiday. The scheduling of compensatory time off will be subject to supervisory approval but at a mutually agreeable time for the employee. ARTICLE 29: PERSONAL DAYS SECTION 1. All regular full time employees are entitled to five (5) personal days each year with pay at their regular rate, available at the beginning of each fiscal year. Any personal days taken in excess of accrual at termination of employment will be deducted from the employee s final paycheck. 16