This agreement is entered into on the basis of the following terms:
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1 THIS AGREEMENT IS ENTERED INTO BETWEEN: (1) Mater Dei Institute of Education (MDI) (2) IFUT Introduction TERMS OF A COLLECTIVE AGREEMENT This agreement is entered into between Mater Dei Institute of Education, (MDI) and IFUT in respect of those employees for whom they are the recognised trade union for the purposes of collective bargaining and also the representative bodies for the purposes of TUPE in relation to the incorporation with DCU and in respect of those terms of the collective agreement where they affect or may affect those they represent. This agreement is entered into on the basis of the following terms: a) The terms of this collective agreement will apply to all of those who are employees of (Mater Dei Institute of Education) on 30 September b) The terms of this collective agreement are those which will transfer with those employees of (Mater Dei Institute of Education) to DCU on 1 October 2016 where these terms are accepted by a trade union which is recognised for the purposes of collective bargaining in respect of a particular group, grade or category. c) In entering into this agreement, each union which is a party to this agreement accepts that this collective agreement replaces the terms of any collective agreement or term of employment in existence prior to 30 September 2016 which is affected by the terms of this agreement. d) Following notification to the existing employer of the acceptance of these terms by any union on behalf of a grade, group or category, DCU will be informed and DCU will then prepare and issue statements of terms of employment to those transferring to DCU under these terms. Such statements of terms of conditions of employment should be read in conjunction with this agreement. In case where there is a conflict between the statement of terms of employment issued by DCU and the terms of this agreement, it is the term of this agreement which will apply as the agreed term. APPLICATION OF PUBLIC SERVICES AGREEMENTS TO THESE TERMS All terms and conditions outlined in this agreement are subject to the provisions of the Haddington Road and Lansdowne Road public sector service agreements. The University may be obliged to change these terms subject to a requirement to do so under any future public sector service agreement. 1
2 1. SUPPORT GRADE SALARY ALIGNMENT & ROLE ASSIGNMENT 1.1 Support Grade Salary Alignment Post incorporation the DCU support grades will apply to support staff except where red circling or over scale payments are absolutely unavoidable. Staff on support grades from the Incorporating Colleges will be aligned to the appropriate DCU support grade. The DCU grade that an incorporating staff member is aligned to will reflect the level of responsibility he/she will be required to undertake post Incorporation. The Principles of Service Area Salary Alignment are outlined in Appendix 1. The Department of Education & Skills has not granted approval for the extension of any existing DCU scale. Therefore incorporating staff members who are aligned to a DCU grade which has a lower maximum than their existing scale will be red circled on a personal to holder basis. 1.2 Additional Roles As part of the Grade Alignment process it was agreed at the CNC that there would be 6 additional Grade III positions advertised across the four institutions. Three of these positions have been advertised and filled. The outstanding positions will be advertised subject to the acceptance of this agreement. In addition the University will advertise the following positions across the four institutions: 1Administrator I (Grade 6) 3 Senior Administrative Assistant II (Grade 5.2) 1 Senior Administrative Assistant I (Grade 5) 2 Library Assistant II These positions will be advertised subject to the acceptance of this agreement. 1.3 Role Assignment Following the grade alignment process as outlined above, applicable staff from the incorporating institutions were assigned roles in DCU post incorporation through the role assignment process. The roles assigned are consistent with the level/grade to which they are aligned in the grade alignment process. The Principles of the agreed Role Assignment process and the associated appeals mechanism are outlined in Appendices 2 and 2a respectively. Applicable staff in phase 1 of the role assignment process (whose proposed role match is not under dispute) have now received formal notification of their role assignment outcome. Role assignment outcomes for all applicable staff will be included in individual staff members Statements of Employment. 1.4 Role Assignment Appeals In the event that a staff member has an issue with his/her role assignment and it has not been possible to resolve matters informally, the staff member has the opportunity to appeal their assignment at two stages: 2
3 Pre-Incorporation - up to 10 days after formal notification of the role assigned Post Incorporation - after a period of 6 months up to a maximum of 12 months in assigned role Full details of the appeals mechanism is outlined in Appendix 2a. 2. ACADEMIC TERMS & CONDITIONS OF EMPLOYMENT The University proposes to integrate all incorporating staff on academic grades to the equivalent DCU grades and associated terms and conditions. The aim is to achieve as near as possible full integration. Red circling will only apply if absolutely unavoidable. This proposal is made on the understanding that, if accepted, there will be no claims made on DCU, post Incorporation, in relation to payments of salary, allowances or promotions related to the terms which applied prior to Incorporation. If accepted these terms resolve or bring closure to any preexisting claims under these headings. The details of the academic terms and conditions of employment and the associated academic grade alignment is outlined in Appendices 3 & 4 respectively. 3. ANNUAL LEAVE The University annual leave policy is in line with the provisions set out under the Haddington Road agreement. The University Annual Leave policy and procedure as outlined in the following link will apply to all incoming staff except for the following: 3.1 Leave Entitlement for Administration/Support Grades This DCU Annual Leave policy specifies the annual leave arrangements in place at Dublin City University for all grades of staff. Incorporating staff on administration/support grades will be aligned to a DCU grade in line with the Grade Alignment Agreement and will be granted the leave entitlement for that grade unless their existing entitlement is higher. If their existing entitlement is higher they will retain this on a personal to holder basis, unless promoted*. Section 7 and 9b of the Annual Leave Policy outlines a once-off compensation in annual leave days arrangements following promotion. * Those staff mapped to a grade with a higher maximum value through the grade alignment process are not considered to have been promoted and the terms of this clause will not apply to such staff. 3
4 3.2 Leave Entitlement for Academic Grades Details of leave entitlements for academic staff are outlined in the academic terms and conditions proposal, Appendix Procedure for taking Annual Leave The DCU Annual Leave policy specifies the procedure for taking annual leave. This acknowledges the granting of a period of one summer month annual leave for academic staff who wish to avail of such an arrangement, subject to business needs and approval of the Head of School. 3.4 University Closure Days The University will close for a number of days over the Christmas period. Closure days may change from year to year to reflect the University s business needs. All staff are required to hold up to 5 days of their annual leave entitlement for these closure days. Staff will be informed of the exact dates and the requirement to hold closure days at least three months in advance. 3.5 Carry Forward of Annual Leave For the purposes of transition post incorporation, the University will allow incorporating staff to carry forward any outstanding leave for the 2016 annual leave year. In line with the annual leave policy any remaining leave for 2016 should be taken during the 2016 annual leave year. 4. TOTAL HOURS OF WORK The hours of work for each grade in each institution have been determined by the Haddington Road agreement. The DCU hours of work as outlined in the following link will apply to all employees transferring to DCU except for any exceptions identified below: Administration and Library Grades The total hours of work for full-time DCU employees on administration and library grades is currently 37 hours per week. The total hours of work for full time Incorporating employees on administration and library grades will be 37 hours per week. The hours of work for each grade will be specified in the Statement of Employment issued pre-incorporation. 4
5 4.2 General Operative and Maintenance Grades The total hours of work for full-time DCU employees on General Operative and Maintenance grades is 39 hours per week. The total hours of work for full time Incorporating employees on General Operative and Maintenance grades will be 39 hours per week. The hours of work for each grade will be specified in the Statement of Employment issued pre-incorporation. 4.3 Academic Grades Academic employees employed on a full time basis are required to be in attendance at their place of work during the normal working week and for the duration of the college year which is of 12 consecutive calendar months duration. The full academic contract clause in relation to hours of work is outlined below: Academic staff are employed on a full time basis and save as necessitated by the efficient exercise of their duties or approved absence will be required to be in attendance at your place of work during the normal working week and for the duration of the college year which is of 12 consecutive calendar months duration. It is understood that your place of work will principally be the university campus but that it may be varied from time to time to include other locations consistent with the requirements of your work. Taking account of the provisions of the Organisation of Working Time Act 1997, you are expected to work such hours as are reasonably necessary for the proper performance of your duties and responsibilities. In particular, you will be required to conform to such hours of work as are necessary to carry out your duties or as may be reasonably required from time to time by the University. 5. HOURS OF ATTENDANCE 5.1 Standard Working Week for current Administrative, Library and SPD Technical Grades The standard working week in the University is 9.00am-5.30pm Monday to Thursday and 9.00am to 5.00pm on Friday with one hour for lunch. The hours of work will be specified in the Statement of Employment issued pre-incorporation. 5.2 Standard Working Week for current Maintenance, Groundsman and SPD General Operative Grades The standard working week in the University is 8.30am to 5.30pm Monday to Thursday and 8.30am to 4.30pm on Friday with an hour for lunch each day. The hours of work will be specified in the Statement of Employment issued pre-incorporation. 5
6 5.3 Flexible Working Arrangements and Flexitime DCU has a flexitime policy which may apply to specific grades of employees other than academics. The flexitime policy is outlined in the following link Reasonable accommodation may be agreed locally on occasion where a staff member has a particular need for flexibility. Staff on permanent part-time arrangements will continue in that arrangement post incorporation. Individual part-time temporary arrangements which are granted on an annual basis will be reviewed at the appropriate time. 5.4 Academic Staff Academic employees employed on a full time basis are required to be in attendance at their place of work during the normal working week and for the duration of the college year which is of 12 consecutive calendar months duration. The Full Academic contract clause in relation to hours of work has been outlined in clause 4.4 above. 5.5 Individual Arrangements Individual arrangements relating to total hours of work and hours of attendance are outlined in Appendix PAYMENT OF WAGES Remuneration for all employees will be payable monthly (28 th of the month) in arrears by credit transfer through pay path (or such other salary payment system as the University may substitute for pay path) to a SEPA verified bank account. 7. PROBATION 7.1 Probationary Period The probationary period in the University is 12 months for full and part time employees except for the following. 7.2 Existing Probationers Where an employee of a transferring College has commenced and is in a probationary period at the time of incorporation, they will conclude their stated probationary period (as determined by the incorporating College probationary period) even if the duration of the probationary period is less than that specified for their particular grade/post in DCU. 8. CONTRACTS OF INDEFINITE DURATION 8.1 Status of Contracts of Indefinite Duration Fixed Term Employees 6
7 DCU acknowledges that in the case of any fixed-term employee who is issued with a contract of indefinite duration (CID) prior to the incorporation, such CID will be honoured. The issuing of CIDs post-incorporation will be subject to the provisions of the Protection of Employees (Fixed- Term Work) Act 2003, including section 9 of that Act and will be issued subject only to those provisions. The term contract of indefinite duration (CID) and the term permanent shall be regarded by DCU as being interchangeable and having the equivalent standing and meaning in respect of the status of the employment relationship in DCU. 9. EXCLUSIVITY OF SERVICE 9.1 The Contract Clause (13.2) in respect of Exclusivity of Service Clause for all employees states the following; For so long as you are employed by the University you may not, without the prior written consent of the University, be in any way, directly or indirectly, actively engaged or concerned in any other business or undertaking where this is or is likely to be in conflict with the University's interests or impact negatively on the performance of your normal duties. The University contract does not prohibit individuals undertaking other employment while engaging in employment with the University. It is the responsibility of the individual in question to declare to the University before undertaking the offer of employment whether he/she is currently employed in another organisation and if so in what capacity. A decision will then be made by the relevant Head of Unit and Human Resources on whether a conflict of interest exists. Decisions relating to any potential issues relative to the One Person One Salary provision will apply to full-time staff only. 9.2 Individual arrangements Individual arrangements relating to the continuation of part-time teaching in DCU Open Education are outlined in Appendix DCU INCOME CONTINUANCE SCHEME The DCU Group Incoming Continuance Scheme will apply to all incoming pensionable employees and all incoming employees from SPD, MDI and CICE will automatically be included in the scheme with effect from date to be confirmed. The scheme operates on the basis that pensionable employees appointed to the University are automatically included in the scheme without medical underwriting, but have the provision to opt out by completing an Opt Out form. Where an employee who has opted out decides at a 7
8 later stage that they would like to re-join the Plan, they will need to undergo medical underwriting. The cost of the scheme will be the same for all employees i.e. existing and newly incorporated. 11. SICK LEAVE SCHEME 11.1 MDI Sick Pay Scheme The University scheme is in line with provisions of the Department of Education scheme. The terms of that scheme will apply to MDI employees post incorporation on the basis that when the provisions covering certified sick leave are considered, the University scheme, while not the same, is more favourable for employees, overall. Further details of the University sick leave scheme can be found at the following link www4.dcu.ie/sites/default/files/hr/pdfs/sick%20leave%20scheme%20from%20sep% %20in%20Universities%20and%20HEIs%20%283%29.pdf 12. LOCATION 12.1 Post incorporation the place of work for all employees will be DCU. The Statement of Employment clause will state: The University reserves the right to require you to work at other locations at any time. You may be required to transfer to another location without payment or compensation. Should any employee be required to move to another location they will be consulted in advance and unless there are extenuating circumstances agree to transfer. The provisions of any national public service agreement will also apply Travel between campuses Reasonable accommodation will be made for individuals travelling between campuses for meetings. It is also protocol in the University for official university meetings not to start before 9.30am (unless with the agreement of all parties) or after 4.00pm for family friendly reasons if the meeting is to scheduled to extend beyond two hours in duration. In addition the University will endeavour to adhere to the following principles concerning travel between campuses where possible: There will be a two hour gap (end of one lecture to the beginning of another) between lectures to accommodate travel between campuses Staff will only be required to move between campuses once in a day Movement between campuses will be restricted to no more than three times a week during term A period of time for lunch time will be protected for all staff 8
9 13. APPLICATION OF DCU REWARD AND RECOGNITION SCHEME A provision exists for the application of a Reward & Recognition scheme for support grades (including Library). The scheme is subject to funding and should it operate post Incorporation it will apply to eligible employees including all those incorporating. Further details of the scheme can be found at www4.dcu.ie/sites/default/files/hr/pdfs/rewardrecognitionschemepolicymay2007.pdf 14. TIMEFRAME FOR INTITIATING A GRIEVANCE The DCU Grievance policy has been extended from two to ten days as agreed with SIPTU. The DCU Grievance policy www4.dcu.ie/info/policies/grievance.shtml will apply to all employees and the amended policy wording is outlined below. Any grievance must be initiated within ten normal working days of the incident to which it relates. When a disagreement arises in the work situation between a member of the staff and his superior, then it is highly desirable that direct discussion takes place between the parties and that every endeavour is made to seek a solution. 15. FUNDING FOR CONTINUOUS PROFESSIONAL DEVELOPMENT (CPD) CPD is supported and encouraged within the University. The Training and Development section within Human Resources offers an annual training schedule Training provision is subject to Head of Unit approval and decisions are based on satisfactory performance, unit needs, relevance and budget. Bespoke/individual training needs can also be facilitated and criteria for approval is also based on the above. 16. PRESERVATION AND CONTINUATION OF RESEARCH FUNDING Research funding awarded to Incorporating staff pre-incorporation will be preserved subject to the funds transferring to the University Finance Department. 17. PROTECTIVE CLOTHING The University provides protective clothing or a uniform for those employees who require same to undertake their role. The categories of eligible employees are Services, Grounds & Maintenance, Technicians and Print room. Services Operatives are required to wear a uniform designed and supplied by the University. Each person will be given a new uniform every 18 months, and 4 shirts and ties per annum. A maximum allowance of 63 per annum is available for the purchase of protective footwear. The cost of dry cleaning uniforms is reimbursed on submission of a receipt. Full details of the policy can be found at www4.dcu.ie/info/policies/clothing.shtml 18. TRAVEL AND SUBSISTENCE The University s travel and subsistence rates are in line with the Civil Service and will apply to all transferring employees. In line with the current policy subsistence allowances do not require the 9
10 provision of receipts. For full details of University s travel and subsistence policy please refer to PENSIONS & PRSA 19.1 MDI Pension The pension terms for employees of MDI will be those approved by the Department of Education and Skills 20. TRAVEL PASS SCHEME 20.1 Annual Travel Pass The University operates on an annual basis a travel pass scheme in accordance with Tax Saver All Incorporating employees will be eligible to avail of this scheme and existing annual renewal dates can be accommodated. Details can be found at Individual Arrangements Individual arrangements relating to the Monthly Travel Pass scheme are outlined in Appendix PERFORMANCE MANAGEMENT DEVELOPMENT SCHEME (PMDS) The public sector Performance Management Development Scheme (PMDS) will apply to all employees. The current scheme is a development focused model and training will be provided for those employees who are to deliver PMDS. Further information on the scheme can be found at www4.dcu.ie/hr/pmds.shtml 22. FEE WAIVER SCHEME Incorporating staff will be eligible to avail of the DCU Fee Waiver scheme for appropriate DCU courses. Granting of a fee waiver will be based on matching the scheme criteria. For further details of the scheme please refer to the following link www4.dcu.ie/hr/training/feewaiverscheme.shtml 23. CAR PARKING 23.1 Free Parking The University will maintain the existing number of free parking spaces on each campus. As a result the following free parking spaces will be available in each campus: Glasnevin 460 spaces St. Patrick s 200 spaces (inclusive of 121 staff, 48 DEC, 20 Students and 11 ERC*) All Hallows 42 spaces 10
11 *In the event of the ERC moving to another location in the future the university will maintain these number of free parking spaces for staff Free parking is determined on a first come first served basis Paid Parking In addition there will also be paid parking spaces on each campus. Parking rates for all staff will be the same on each campus. The current rate for staff parking is 1.17 per day Car Parking Review Group Following a period of six months post incorporation a review group will be established to examine how car-parking is operating across the three campuses. The review group will be chaired by the Chief Operations Officer and terms of reference will be agreed with the union in advance of the establishment of the group. 24. GOVERNANCE The DCU Governing Authority, chaired by the Chancellor Dr. Martin McAleese, is charged with the overall Governance of the University in accordance with the Universities Act The Authority consists of thirty one members, both internal and external to the University, that serve a five year term. The Authority meets at least six times per year and has a number of sub-committees (Audit, Risk, Strategic Finance, and Nominations and Governance) in place to assist it in the performance of its functions. A new term of the Governing Authority will commence in Autumn 2016 and a new Governing Authority membership will be constituted. Elections will be conducted for employee representatives (both academic and non-academic) on Governing Authority post the Incorporation. All employees Incorporated into DCU will be eligible to compete in these elections. For further details on Governing Authority please refer to www4.dcu.ie/governance/index.shtml 25. UNION RECOGNITION Subject to paragraph 3 below, DCU will respect any decision of the ICTU with regard to negotiating rights notified by that body before 31 July for inclusion in the Statements of Employment to issue to incorporating staff from SPD, MDI and CICE. In the absence of a notified decision from ICTU the default position will apply, i.e. that DCU will continue to recognise SIPTU as the trade union for representing all unionised staff in DCU and incorporating staff will be so notified in the Statements of Employment. Irrespective of which union(s) are to be recognised by DCU the Industrial Relations Procedural Agreement which currently applies to SIPTU will continue to apply post incorporation and any union to which trade union recognition is accorded by reference to a decision by ICTU will be required to confirm their acceptance of those procedures prior to the issuing of the Statements of Employment. 11
12 26. DISPUTE INTERPRETATION Disputes regarding clauses in this collective agreement shall be referred to Human Resources, in the first instance. Should the dispute remain unresolved following referral to Human Resources it may be referred to a third party. 27. APPLICATION OF UNIVERSITY POLICIES All university policies in place on the date of the Incorporation which are relevant to staff will apply to incorporating staff, unless otherwise specified in this agreement. A full list of applicable university policies can be found under the following link www4.dcu.ie/policies/policies.shtml 12
13 APPENDICES 1 Grade Alignment Appendix 1 - Principles of Service Area Salary Alignment 2 Role Assignment Appendix 2 Principles of Role Assignment Appendix 2a - Role Assignment Appeals Mechanism 3 Academic Terms & Conditions Appendix 3 - DCU Academic Terms & Conditions for MDI Appendix 4 - Grade Alignment Proposal 4 Individual Arrangements Appendix 5 Individual Arrangements 13
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