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TABLE OF CONTENTS

ABSENCE AND SHIFT RELIEF PROCEDUREAGREEMENT STATEMENTAPPENDIX A -- Classifications and

Pay gradesAPPENDIX B -- Wage SchedulesARBITRATION

Selection of ArbitratorsSubmission to ArbitrationTerms and conditions of Arbitration

ATHLETIC CARDBULLETIN BOARDSCALL BACK PAYCLASSIFICATION AND WAGES

New, Changed or EliminatedClassification

Procedure for Establishment of Newor Changed Classifications andPlacement in the Wage Schedule

Wage ScheduleCONFERENCESDEFINITIONSDENTAL ASSISTANCE PLAN, GROUPDESCRIPTION OF UNITDISABILITY PLANDISCIPLINEDUES OR SERVICE CHECKOFFEDUCATION, CONTINUINGFUNERAL LEAVE PAYGENERAL PROVISIONSGRIEVANCE PROCEDURE

Definition of GrievanceGrievance Discussions, Time Limits

and AdjustmentsGroup GrievanceLiabilityProcedureUnion Representation

Michigan State UniversityLABOR AND INDUSTRIAL

RELATIONS llBRARY

PARAGRAPH

1941

203204-206181-183

182181183185

28-2955

47-50

48-49

5047

1843-6

149b2

152-153161-165

22-27200A

127196-200166-180

169

175-176170180

171-174166-168

801

8586

73-7774

73-7474-77

7811-12

2320-22

20-21

21-222077

1-2601

62-6366-688-11

82-8352

81-8268-73

69

7169

72-7369-7168-69

visitation by Union OfficialsGROUP LIFE INSURANCEHEALTH INSURANCEHOLIDAYSINCLEMENT WEATHERJURY AND WITNESS SERVICELAYOFF AND RECALL PROCEDURE

DefinitionsLayoff ProcedureLiabilityRecall ProcedureSeniority Preference

LAUNDRY AND MISCELLANEOUS SERVICESLEADER, GROUPLEAVES OF ABSENCE

ChildcareDisabilityGeneral ConditionsMedicalMilitaryPersonalReturn to Active EmploymentUnion

LIBRARY PRIVILEGELONGEVITY PAY

Eligibilitypayment DateRetirement or DeathSchedule of Payments

MANAGEMENT RIGHTSMEMORANDUMS OF UNDERSTANDING

Apprenticeship ProgramHealth InsuranceIncentive ProgramInclement Weather-FlintLunch PeriodsMaintenance of Overtime Record

ii

PARAGRAPH177-179

147148-148a

103-110190-191128-129

70-757370

74-757172

188211

131-146136133

141-146131-132

135134

138-140137186

155-159155157

158-159156

7

71-7257-5959-6044-46

7952-5331-33

3231-32

3332327888

54-575554

56-57545554565578

64-6564656564

2-390-100

9493

100969192

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••••••••••••••••••••••••

Operational ReliefOperational Shift WorkOvertimePanel of ArbitratorsVacation Accruals

MILITARY DUTY, ANNUALMISCELLANEOUSNON-DISCRIMINATIONNO STRIKE GUARANTEEOVERTIME

DefinitionsDistributionOvertime PayPyramidingScheduling

PAY CHECKSPRESCRIPTION DRUG RIDERPROBATIONARY EMPLOYEESPROMOTIONS AND TRANSFERS

Promotion ProcedurePromotional TrainingVOluntary Demotional TransferPromotion and Transfers

RATES OF PAY ON TRANSFERRECOGNITION AND DEFINITIONREPORTING PAYRETIREMENT PLANSAFETYSENIORITY DEFINITIONS AND

LOSS OF SENIORITYDefinitionsLoss of Seniority

SENIORITY LISTSHIFT AND RELIEF PREMIUMSSHIFT PREFERENCESICKNESS AND INJURY DISABILITY INCOME

Determination of Disability IncomeDisciplinary Action for AbuseEligibilityFamily Care TimeHours of Disability Income Payable

Hi

PARAGRAPH

130185-195

14-188-13

35-4646

38-45353637

192149

67-6976-84A76-7980-83

8484A

57-622-5

56154189

63-6563

64-6566

51-5485

86-10293

10186-88

100a89-90

959099989753

78-815-63-5

16-2019-2017-1916-17

17178060

30-3133-3733-3535-36

3637

24-251-223

63-6478-79

25-2925-2828-2929-30

2237

37-444143

37-394340

Notice and Proof of DisabilityPart Time EmployeePreventive Medical and Dental CareReturn from Extended AbsenceSchedule of Maximumswaiting Period

TERM OF AGREEMENTTRAINEE, BOILER OPERATORTRAVEL ACCIDENT INSURANCETUITION REFUND PROGRAMUNION SECURITYVACATIONS

AccrualEligibili tyPay for Accrued Vacation TimePay in Lieu of Vacation TimeScheduling of Paid vacation TimeUnposted VacationWork Call During Vacation

WAIVERWASH UP TIMEWORK SCHEDULES

iv

PARAGRAPH

94-9992

10010291

87-88202207

150-151160

19-21111-126111-117

118120-121

119122-125

123126201187

30-34

41-4340-41

4343-44

4038-39

8487-89

6165-66

6-847-5147-48

4849

48-4949-5150-51

518378

12-16

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1

ARTICLE I

The term "full-time employee" shall mean anemployee whose normal schedule of work is forty (40)hours per calendar week .

The term "employee" and "employees" as used inthis Agreement (except where the Agreement clearlyindicates otherwise) shall mean only an employee oremployees within the bargaining unit described inSECTION A.

DESCRIPTION OF UNIT

DEFINITIONS

RECOGNITION AND DEFINITIONS

SECTION A.

SECTION B.

Pursuant to and in conformity with thecertification issued by The Michigan Labor MediationBoard on November 13, 1967, in Case No. R65 H-28 theUniversity recognizes the Union as the exclusiverepresentative of all employees in the classificationslisted in Appendix A which is a part of thisAgreement, for the purposes of collective bargainingin respect to wages, hours and other conditions ofemployment .

The Regents of the University of Michigan, (hereinaftercalled the "University" or the "Employer") and Local 547,International Union of Operating Engineers, AFL-CIO,(hereinafter called the "Union"), enter into thefollowing agreement, this 15th day of January, 1993,which amends the collective bargaining agreement executedon January 4, 1991, and which collective bargainingagreement, as amended and fully bargained, settles, andcontains all matters with respect to wages, benefits,hours and other terms and conditions of employment forthe term of the agreement .

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5 The term "part-time employee" shall mean anemployee whose normal schedule of work is less thanforty (40) hours per calendar week .

Reference to masculine pronouns shall beconstrued to include the masculine and femininereference.

ARTICLE II

MANAGEMENT RIGHTS

The University retains, solely and exclusively,all its inherent rights, functions, duties andresponsibilities as a constitutionally establishedcorporation and as a public Employer with theunqualified and unrestricted right to determine andmake decisions on all terms and conditions ofemployment and the manner in which the operations ofthe University will be conducted except where thoserights may be clearly, expressly, and specificallylimited in this Agreement. It is expresslyrecognized, merely by way of illustration and not byway of limitation, that such rights, functions, dutiesand responsibilities which are solely and exclusivelythe responsibility of the University, except whereclearly, expressly and specifically limited in thisAgreement, include, but are not limited to, (1) fulland exclusive control of the management of theUniversity, the supervision of all operations, themethods, processes, means and personnel by which anyand all work will be performed, the control ofproperty and the composition, assignment, directionand determination of the size and type of its workingforces; (2) the right to determine the work to be doneand the standards to be met by employees covered by

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this Agreement; (3) the right to change or introducenew operations, methods, processes, means orfacilities, and the right to determine whether and towhat extent work shall be performed by employees; (4)the right to hire, establish and change workschedules, set hours of work, establish, eliminate orchange classifications, assign, transfer, promote,demote, release and layoff employees; (5) the rightto determine the qualifications of employees, and tosuspend, discipline and discharge employees for causeand otherwise to maintain an orderly, effective andefficient operation .

ARTICLE III

NO-STRIKE GUARANTEE

Under no circumstances shall the Union, itsofficials, its employees, its affiliates, or itsmembers, directly or indirectly cause, instigate,permit, support, encourage or condone, nor shall anyemployee or employees, directly or indirectly, takepart in any action against or any interference withthe operations of the University such as a strike,work stoppage, sit-down, stay-in, slow-down,curtailment of work, restriction of production, or anypicketing, patrolling or demonstrations at anylocation whatsoever during the term of this Agreementand as a continuing obligation. Nothing in thisparagraph shall be construed to limit individualparticipation in picketing, patrolling ordemonstrations that are completely and totallyunrelated to the employment relationship, provided,however, that such activity does not interfere withthe operation of the University .

9 In the event of any such action or interference,and'on notice from the University, the Union withoutany delay shall take whatever affirmative action isnecessary to prevent and bring about the terminationof such action or interference. Such affirmativeaction shall include the immediate disavowal andrefusal to recognize any such action or interferenceand the Union immediately shall instruct any and allemployees to cease their misconduct and inform themthat their misconduct is a violation of the Agreementsubjecting them to disciplinary action, includingdischarge.

10 In addition the union shall within 24 hours ofany such action or interference, deliver the followingnotice to the University:

"To all employees of the University representedby Local 547, International Union of OperatingEngineers, AFL-CIO: You are advised that theaction against and interference with theoperations of the University of Michigan whichtook place (date) is unauthorized by the unionand in violation of the collective bargainingAgreement. You are directed to cease this actionand interference immediately."An authorized official of the Union shall sign

the notice .

11 In the event that any employee or employees shallrefuse to cease such action or interference, theUniversity agrees that it will not file or prosecuteany action for damages arising out of such action orinterference against the Union, its officials orrepresentatives, if the Union, its officials andrepresentatives perform their obligations as set

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forth in this Article.12 Nothing herein shall preclude the University from

seeking legal or other redress of any individual whohas caused damage to or loss of University property orfrom taking disciplinary action, including discharge,against any employee. Any such disciplinary actiontaken shall not be reviewable through the grievanceand arbitration procedures, except for the factquestion of whether the employee took part in anyaction or interference .

13 In the event of any such action or interference,the University may suspend all benefits under thisAgreement with respect to any employee taking part inthe action or interference .

ARTICLE IV

NON-DISCRIMINATION

SECTION A .

14 Neither the Union, its officials, nor its membersshall discriminate against, intimidate, coerce, orrestrain any University employee with respect to orbecause of his non-membership in the Union.SECTION B .

15 The University shall not discriminate against,restrain, or coerce any employee with respect to orbecause of his membership or lawful Union activity.SECTION C •

16 The University and the Union agree that

there will be no discrimination in the application of thisAgreement because of race, creed, color, national origin,age or sex, except where age or sex is a bona-fideoccupational qualification. In addition; there shall be nodiscrimination in the application of the provisions of thisagreement based on non-relevant mental or physical handicap .

17 Nothing in this section shall be construed toprevent an employee alleging discrimination fromexercising constitutional or statutory rights whichmay be available .SECTION D .

18 The University shall not discriminate against anyemployee because of the length of his hair or hismanner of dress. Nothing in this section shall beconstrued to prevent the University from establishingand uniformly administering reasonable dressrequirements and safety standards involving both hairand dress, provided however, that dress requirementswill be applicable only after they have been posted .

ARTICLE V

UNION SECURITY

SECTION A.

19 During the life of this Agreement and to theextent the laws of the state of Michigan permit, everyemployee, beginning with the month following (1)thirty [30] calendar days after the execution date ofthis Agreement, or (2) thirty [30] calendar days afteremployment in the bargaining unit, whichever date isthe later, and monthly thereafter, shall tender to theUnion, as a condition of continued employment in thebargaining unit, either periodic and uniformlyrequired Union dues, or in the alternative, a service

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charge in an amount equivalent to periodic anduniformly required union dues .SECTION B.

No employee shall be terminated under section Aof this Article unless:1. The Union first has notified the employee by

letter explaining that he is delinquent in nottendering either periodic and uniformly requiredUnion dues or the service charge in an amountequivalent to periodic and uniformly requiredunion dues, and specifying the current amount ofsuch delinquency, and warning him that unlesssuch dues or service charge are tendered withinthirty (30) calendar days, he will be reported tothe University for termination as provided inthis Article, and

2. The Union has furnished the University withwritten proof that the procedure of section B.1.of this Article has been followed or has suppliedthe University with a copy of the letter sent tothe employee and notice that he has not compliedwith the request. The Union must specifyfurther, when requesting the University toterminate the employee, the following by writtennotice:

"The Union certifies that(Name)

has failed to tender either the periodic anduniformly required Union dues or service chargerequired as a condition of continued employmentunder the collective bargaining Agreement andthat under the terms of the Agreement, theUniversity shall terminate the employee."

SECTION C.

21 The Union shall indemnify and save the Universityharmless from any and all claims, demands, suits, orany other action arising from this Article or fromcomplying with any request for termination under thisArticle .

ARTICLE VI

DUES, AND INITIATION FEE OR SERVICE CHARGE CHECKOFF

22 During the life of this Agreement and to theextent the laws of the state of Michigan permit and asprovided in this Article, the University will deductone month's current and periodic union dues and theinitiation fee, if any, or service charge based upon auniform dues schedule from the pay of each employeewho voluntarily executes and delivers to theuniversity the following authorization form

VOLUNTARY AUTHORIZATION FORDEDUCTION OF UNION DUES AND INITIATION FEE OR

SERVICE CHARGE

Name Social Security Noo __(type or print)

Department _

I authorize the University to deduct from wagesearned or to be earned by me monthly Union dues _and initiation fee or service charge_(check applicable authorizations) as certified to theUniversity by the Financial Officer of the Union, andto remit the same to the Union at such time and suchmanner as may be agreed upon between the Universityand the Union .

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This authorization and direction shall beeffective until revoked in writing by me on a formprovided by the University, or until the terminationof the collective Agreement between the University andthe Union which is in force at the time of delivery ofthis authorization, whichever occurs sooner; and Iagree and direct that this authorization and directionshall be automatically renewed for the period of eachsucceeding applicable collective Agreement between theUniversity and the Union until revoked in writing byme on a form provided by the University or until thetermination of each applicable collective Agreementbetween the University and the Union whichever occurssooner.

This authorization and direction shall beautomatically revoked upon my termination ofemployment with the University .

(Signature of employee)

(Address of employee)

(Date of signing)

(Date of delivery to University)23 The following certification form shall be used by

the Union when certifying membership dues, initiationfee or service charge:

CERTIFICATION OF FINANCIAL OFFICEROF UNION

the

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I certify that for _(Type or print)

membership dues are $ oer , theinitiation fee is $ per or theservice charge is $ oer __

Date:Signature: _

Financial Secretary - UnionDate of delivery to the University _

Payroll deductions shall be made only from thepay due employees on the last pay day of eachcalendar month; except that the initiation fee, ifany, shall be deducted from six (6) consecutive paychecks, provided, however, the initial deduction forany employee shall not begin unless both (1) aproperly executed "Voluntary Authorization forDeduction of Union Dues and Initiation Fee or ServiceCharge"; and (2) the amount of the monthly membershipdues, initiation fee or service charge certified bythe Financial Secretary of the Union has beendelivered to the University at a place designated bythe University at least thirty (30) calendar daysprior to the last pay day of the calendar month.Changes in the amount of the monthly membership dues,initiation fee or service charge also must bedelivered to the University at a place designated bythe University, at least thirty (30) calendar daysprior to the last pay day of the calendar month beforethe change will become effective .

An employee may revoke his "VoluntaryAuthorization for Deduction of Union Dues, InitiationFee or Service Charge" at any time by writtennotification to the University on a form provided bythe University. Payroll Deductions shall terminatewhen a revocation has been delivered to the University

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at least thirty (30) calendar days prior to the lastpay day of the calendar month .

26 All sums deducted by the University shall beremitted to the Financial Secretary of the Union at anaddress given to the University by the Union, onceeach month by the fifteenth (15) calendar day of themonth following the month in which the deductions weremade, together with a list of names and the amountdeducted for each employee for whom a deduction wasmade. The University will also notify the Union ofthe name of each employee who revokes his "VoluntaryAuthorization for Deduction of Union Dues, Initiationor Service Charge" .

27 The University shall not be liable to the Unionby reason of the requirements of this Article for theremittance of payment of any sum other than thatconstituting actual deductions made from the payearned by the employee. In addition, the Union shallindemnify and save the University harmless from anyliability resulting from any and all claims, demands,suits or any other action arising from compliance withthis Article, or in reliance on any list, notice,certification or authorization furnished under thisArticle .

ARTICLE VII

BULLETIN BOARDS

28 The University will permit the Union to use spaceon existing University bulletin boards designated forsuch purpose in areas where the Union has employees itrepresents for the purpose of posting Union notices.Where a glass enclosed, lockable board is provided,the chief steward will be given a key. Such notices

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may be posted by the chief steward at the facility herepresents and shall be restricted to the followingtypes:1. Recreational and social affairs of the Union;

2. Union meetings;3. Union elections, appointments;4. Results of Union elections;5. Other material approved by the Personnel Director

of the University, or his designatedrepresentative.In the event a dispute arises concerning the

appropriateness of material posted, the chief stewardwill be advised by the Personnel Director of theUniversity, or his designated representative, and thenotices will be removed from the bulletin boards untilthe dispute is resolved .

ARTICLE VIII

WORK SCHEDULES

SECTION A .

A normal schedule of work for a full-timeemployee shall be eight (8) hours per day and forty(40) hours per week, excluding non-paid lunch periods,with two consecutive days off. This section shall notbe construed as and is not a guarantee of any hours ofwork per day or per week.(Also see Memorandum of Understanding)

SECTION B.

Assigning schedules of work to employees,

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other than those assigned as operational relief, shallbe consistent with the following requirements:1. Such employee will be assigned schedules of work

on a weekly basis .2. Changes in starting times of one-half hour or

less shall not be considered a change in anassigned schedule of work for an employee onmaintenance, provided all of the employeesassigned as operational relief have been assignedto operational work.

3. Such employees will be given notice of theirschedules of work at least by the Friday beforethe Sunday preceding the Sunday on which theweekly schedule of work begins .

4. While the University does not intend to makechanges in an assigned weekly schedule of work,the following may be cause for changing anemployee's weekly schedule of work:A. Temporary work situations caused by

abnormal and unforeseen events other thanemployee absences, and

B. Employees absences which reasonably canbe expected to exceed one work day, and

C. An employee absence resulting fromapplication of section G. of Article XXI.

When an employee's weekly schedule of work ischanged for an employee absence which did notexceed one work day and it was not reasonable to

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5.

6.

7.

8.

expect the absence to exceed one work day, theemployee whose schedule was changed shall receivethe pay he would have received if he had workedhis assigned schedule, and, in addition, paycomputed at two times his hourly rate for actualtime, not to exceed eight (8) hours worked. Inorder to receive the pay for the time not worked,however, he must actually work a full shift onthe changed schedule, provided the Universitypermits him to work his scheduled hours of workfor that shift •

Before making such a change at the Huron StreetPlant, however, the University will rescheduleemployees assigned as operational relief unlessalready assigned to operational work .When a schedule change is made because of anemployee absence and it is not possible to returnto the original schedule without overstaffing orovertime pay resulting, the University mayschedule the employee on his return from absencein a manner consistent with its work requirementsuntil employees can be returned to their originalschedules •

Any employee's schedule of work may be changed atany time, but only if he consents, if theschedule change is occasioned by a request forunposted vacation •

Employees may exchange schedules of work, inwhole or in part, provided the changes areapproved by the University. If the exchangerequested is for more than one week, it must beapproved by the Union as well .

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SECTION C •

32 Lunch periods shall be scheduled as to time andduration by the University. Lunch periods of thirty(30) minutes or more shall be non-paid. Employees whoare not scheduled for non-paid lunch periods will bepermitted to lunch during working hours provided suchlunching does not interfere with work or the orderlyand efficient operation of the University.(Also see Memorandum of Understandinq)

SECTION D.

33 Except for employees when assigned to operationalwork at fixed duty stations, there may be a restperiod when work can be interrupted which shall betaken at a time and place and in a manner determinedby an employee's immediate supervisor. Such restperiod shall be with pay and shall not exceed fifteen(15) minutes for each four (4) hours of work. Therest period is intended to be a recess to be precededand followed by an extended work period. Consequentlyit may not be used to cover an employee's late arrivalto work or early departure, to extend the lunchperiod, nor may it be regarded as accumulative if nottaken.SECTION E •

34 All employees shall be at the place desiqnated bytheir immediate supervisor, ready for work, at theirstarting time and shall remain at their work site andcontinue working until the end of their working periodunless otherwise instructed or excused by theirimmediate supervisor. When an employee has his paydocked for coming to work late or leaving early, thedocking will be in tenth of an hour units. Three (3)

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ARTICLE IX

2. In excess of forty (40) hours in a week;1. In excess of eight (8) hours in a day;

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OVERTIME

OVERTIME PAY

minutes or more shall be considered a tenth of anhour .

Overtime pay computed at one and one-half timesthe employee's hourly rate, including all applicablepremiums, will be paid for actual time worked:

3. On a shift which starts before the employee hashad eight (8) hours off since his previous shift,except in the case of an employee assigned asoperational relief in which case it shall beseven (7) hours;

SECTION A •

4. On a scheduled day off if the employee has fullyworked each of his scheduled work days in theweek, or otherwise has been excused and paid forabsences, except as such day off may be changedas provided in section B of Article VIII in whichcase the rescheduled day or days off shall besubject to overtime pay as provided by thisparagraph;

5. On the fifth scheduled work day in a week inwhich a holiday falls on an employee's scheduledday off, if the employee has fully worked each ofhis scheduled work days in the week, or otherwisehas been excused and paid for absences. Thissame provision shall apply to the fourthscheduled work day in a week as well, if holidaysfallon both of the employee's scheduled days off

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Overtime pay shall not be pyramided, compoundedor paid twice for the same time worked •

Overtime within a unit of distribution shall bedistributed as equitably as practicable amongemployees assigned to the same classification withinthe same unit of distribution based on their relativeposition on the overtime record except that no

or, if one holiday falls on an employee'sscheduled day off and the other falls on hisfifth scheduled work day;

6. Before or after scheduled or quitting time if theemployee has fully worked his shift, or otherwisehas been excused and paid for absence during hisshift •

SCHEDULING

PYRAMIDING

DISTRIBOTION

SECTION C.

SECTION B •

If scheduled to work overtime an employee will doso unless he is excused. The University will endeavorto give employees advance notice of overtimeassignments when practicable under the circumstances .An employee will not be transferred to aclassification assigned to a higher pay grade for thepurpose of avoiding overtime. An employee excusedfrom work in accordance with the provisions of ArticleXXI (Sickness or Injury Disability Income) or ArticleXXIII (Vacations) will not be scheduled to workovertime until he has returned to work and worked,provided however that an employee on vacation may bescheduled if he requested to be considered availablefor overtime assignment prior to taking vacation.(Also see Memorandum of Onderstanding)SECTION D.

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employee need be assigned more than eight (8)continuous hours of overtime. It shall not benecessary to call in an employee to work rather thanextend the shift of an employee already at work whenat the time of the shift extension it is reasonable toexpect that the extension will not last for a fulleight (8) hour shift .

39 Employees who work overtime or who are assignedovertime and do not work, whether excused or not,shall be charged for the overtime worked or offeredfor the purposes of equitably distributing overtime,except that an employee will not be charged withovertime when he is excused because of attendance at awedding, funeral, or the death of an individual setforth in Article XXIV. A chief steward or assistantsteward will not be charged with overtime when he isexcused because of official Union business.

40 New employees, employees returning from a leaveof absence or layoff and employees transferred into anew unit of distribution will be charged with thehighest number of overtime hours then worked by anemployee in the same classification in the unit ofdistribution .

41 An employee who is continuously absent from workfor one month or more, for whatever the reason, exceptscheduled vacations, shall be charged for overtime inthe same amount as the employee who was the nextlowest on the overtime record at the time theemployee's absence began, except the employee shallnot be charged for any overtime charged to thatemployee during the first month of the employee'sabsence.

42 Any inequitable distribution will be rectified inthe future scheduling of overtime .

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19

Flint, Dearborn and the following groupings inAnn Arbor shall be separate units of distribution:

2. "Week" means seven (7) consecutive days beginningat 11:00 p.m. on Saturday in Ann Arbor, and at

For the purposes of this Article and thecomputation of overtime pay the following shall apply:

DEFINITIONS

1. "Day" means the twenty-four (24) consecutivehours period beginning at 11:00 p.m. in AnnArbor, and midnight at Flint and Dearborn .

An overtime record shall be maintained for eachunit of distribution and posted as soon aspracticable, but in any event within ninety-six (96)hours after any overtime is worked. The overtimerecord for each unit of distribution will runcontinuously .(Also see Memorandum of Understanding)

SECTION E•

1. Huron street Plant Operations .2. Huron street Plant Maintenance.3. Hoover street Operators and other employees

working on the Hoover street circuit .4. Hospital

Nothing in this section shall be construed so asto prevent employees in one unit of distribution frombeing assigned work on an overtime basis in anotherunit of distribution provided all employees in thelatter unit of distribution have been offered orassigned overtime. Neither shall anything in thissection be construed so as to prevent employees in oneunit of distribution from being assigned work on astraight-time basis in another unit of distribution .

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ARTICLE X

midnight between Saturday and Sunday at Flint andDearborn .

Wages shall be paid in accordance with the wageschedule as set forth in Appendix B, provided,however, an employee assigned to a classification willprogress from one step to the next only if hisperformance is satisfactory. An employee'sperformance will be presumed satisfactory unless he isnotified to the contrary in writing by the University .

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NEW, CHANGED, OR ELIMINATEDCLASSIFICATIONS

WAGE SCHEDULECLASSIFICATIONS AND WAGES

SECTION A .

SECTION B.

The University retains the right to eliminate,change, establish and evaluate classifications andestablish the pay grades therefore provided, however,the classifications and the pay grades therefore, setforth in Appendix A, and new or changedclassifications which may be placed in Appendix A,shall remain in effect during the term of thisAgreement unless the job content of a newclassification is substantially changed .

In the event a new classification is establishedor an existing classification is changed, theUniversity shall place it in an existing pay grade inthe wage schedule, or in a new pay grade, on the basisof the relative value of the elements of the new orchanged classification in comparison with the elementsof existing classifications. If a new pay grade isestablished, it shall be structured to maintain thehourly rate differential between the lowest two paygrades or the highest two pay grades, in the wage

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schedule, as the case may be, unless otherwisemutually agreed to by the Union and the University .

The following procedure will be followed whenevera new or changed classification is placed in the wageschedule as provided in section B:1. The University shall provide the Union with a

written classification description of the new orchanged classification which shall describe thejob content sUfficiently to identify theclassification •

PROCEDURE FOR ESTABLISHMENT OF NEW ORCHANGED CLASSIFICATIONS AND PLACEMENT INTHE WAGE SCHEDULE

2. Upon receipt of the University's description, areasonable number of Union officials may meetwith representatives of the University to discussthe new or changed classification and theplacement in the wage schedule .

3. If there is a disagreement with the placement inthe wage schedule, a grievance concerningcompliance with section B of this Article may beprocessed through the grievance and arbitrationprocedures, provided it is submitted in writingat step two of the grievance procedure withinseven (7) calendar days after the Union isafforded the opportunity to discuss the matterwith the University. If such a grievance isprocessed through the arbitration procedure, thearbitrator shall have no power or authority toestablish or change any wage, but only todetermine whether placement in the wage schedulehas been made in accordance with section B of

SECTION C.

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this Article.ARTICLE XI

SHIFT AND RELIEF PREMIUM

51 A shift premium of seventy-five cents ($.75) perhour worked shall be paid for actual time worked toany employee who starts work on or after 12 noon andbefore 4:00 a.m .. This shift premium will also bepaid to an employee for all paid time off, providedthe employee would have been eligible for this premiumhad he actually worked .

52 An employee who works beyond his scheduled hoursshall continue to receive the shift premium, if anydetermined by his starting time, except if he worksfour (4) or more hours beyond his scheduled hours, heshall be paid the shift premium for those four (4) ormore hours .

53 An employee who would start work on or after 12noon and before 4:00 a.m., except that he is called tostart before 12 noon will receive the shift premiumfor those hours prior to 12 noon. He will alsoreceive the shift premium for his regular shiftprovided he is scheduled and works four (4) or morehours into that shift •

54 A premium of seventy-five cents ($.75) per hourshall be paid for actual time worked to an employee,excluding Operating Engineers, during the period oftime he is assigned as operational relief and subjectto schedule of work changes without notice. Thisoperational relief premium will also be paid to anemployee for all paid time off, provided he would havebeen eligible for this premium had he actually worked .When an employee receives this premium, he shall notreceive a shift premium .

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ARTICLE XII

CALL BACK PAY

55 An employee who returns to work because of a callback to work after he has left the University premisesupon completion of his assigned schedule of work shallreceive the overtime pay as set forth in section A ofArticle IX for the time worked or a minimum of four(4) hours pay at his hourly rate, including allapplicable premiums, whichever amount is greater •This shall not apply, however, to employees who arecalled in to begin work prior to the start of theirshift and work continuously, except for a lunchperiod, into their shift, provided the Universitypermits him to work his scheduled hours of work forthat day. To the extent that an employee is paidpursuant to this Article, he shall not be paidovertime under Section A of Article IX for the sametime worked .

ARTICLE XIII

REPORTING PAY

56 A full-time employee who reports to work at hisscheduled starting time when he has not been notifiedthat no work is available shall be paid his hourlyrate, including all applicable premiums, for anyportion of the first four (4) hour period during whichno work is offered by the University. Such paymentwill not be payable if no work is available because ofconditions beyond the control of the University, or ifthe employee fails to receive notice not to reportthrough his own fault.

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ARTICLE XIV

RATES OF PAY ON TRANSFER

57 When an employee is promoted, his hourly rateshall be the starting rate for the classification,except when an employee who has successfully completeda minimum of six (6) months of training in a"designee" classification is promoted, his hourly rateshall be the base rate for his classification .

58 When an employee is transferred from oneclassification to another classification in the samepay grade, his hourly rate shall remain the same. Ifhe is not at the top step of rate progression, he willcontinue to progress as if he had not beentransferred •

59 When an employee is transferred to aclassification in a lower pay grade, his hourly rateshall be the top step of the lower pay grade.

60 When an employee is transferred on a temporarybasis to a classification in a higher pay grade for afour (4) hour period or more, his hourly rate shall bethe starting rate for that classification during theperiod of his transfer .

61 When an employee is transferred on a temporarybasis to a classification in a lower pay grade, hishourly rate shall be maintained .

62 When an employee is identified to the Union as intraining for a classification in a higher pay grade,he will be promoted or transferred as the case may be,to the appropriate interim "designee" classification.His hourly rate shall be the starting rate for the

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ARTICLE XVSENIORITY DEFINITIONS AND LOSS OF SENIORITY

For the purposes of this Agreement the followingdefinitions shall apply:

DEFINITIONS

1. "University Seniority" means length of continuousservice with the University beginning with thelatest date of hiring with the University andshall include periods of service outside thebargaining unit.

classification and after successful completion of six(6) months training, his hourly rate shall be the baserate for the "designee" classification. In additionand notwithstanding the provisions of paragraph 60, itis understood that an employee in a "designee"classification may be assigned to work independentlyat various tasks and intervals in the classificationfor which he is being trained but not to exceed 250hours during the six (6) month period, and then amaximum of 1,040 hours in any twelve (12) month periodthereafter .

2. "Unit Seniority" means length of continuousservice in the unit beginning with the latestdate of hiring or transfer into the bargainingunit .

SECTION A.

3. "Group seniority" means length of continuousservice in the seniority group beginning with thelatest date of hiring or transfer into theseniority group .

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4.

5.

"Seniority Group" means that grouping ofemployees assigned to work at the followingLocations:A. Ann ArborB. FlintC. DearbornD. HospitalEach of these locations shall be a separateseniority group. Should other locations,facilities, or departments be acquired orestablished, the seniority group status shall bedetermined by the University on the basis oflocation, the similarity or dissimilarity of thework and work schedules in comparison with thework and work schedules of a then existingseniority group and the convenience of theinterchange of employees with a then existingseniority group. If there is a disagreement withdetermination of the seniority group status, agrievance concerning compliance with thisparagraph may be processed through the grievanceand arbitration procedures, provided it issubmitted in writing at step two of the grievanceprocedure within seven (7) calendar days afterthe union has been notified of the determination •"Classification Seniority" means length ofcontinuous service in a classification beginningwith the latest date of hiring or transfer intothe classification, provided, however, anemployee also shall accrue classificationseniority in all classifications assigned tolower or the same pay grades in his senioritygroup in which he had previously been assigned.An employee who is transferred to a classifica-

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6.

7.

8.

9.

tion in a lower pay grade shall forfeitclassification seniority in all classificationsabove the classification to which he istransferred ."Plant Classification Seniority" meansclassification seniority within a plant beginningwith the latest date of hiring or transfer intothe plant.

"Plant" means each of the following facilities orlocations:A. Huron Street FacilityB. Hoover Street and the CircuitC. FlintD. DearbornE. Hospital"Length of Continuous service" meansuninterrupted employment but includes layoffs andother periods of absence authorized by andconsistent with this Agreement except as limitedby section B of this Article .

An employee who was promoted or transferred priorto the execution date of this Agreement, to anyposition with the University with supervisoryauthority over employees in the bargaining unitshall continue to accrue classificationseniority, as long as he remains in theemployment of the University. An employee who ispromoted or transferred, on or after theexecution date of this Agreement, to any positionwith the University with supervisory authorityover employees in the bargaining unit, shall

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3. He retires;

1. He resigns or quits;

An employee shall lose his status as an employeeand his seniority if:

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LOSS OF SENIORITY

continue to accrue classification seniority forthe following six (6) months and thereafter shallretain such classification seniority as long ashe remains in the employment of the University.An employee who is, or was in the past, promotedor transferred to any other position with theUniversity shall retain classification seniorityfor one (1) year only, unless the promotion ortransfer occurred while the employee was laidoff, in which case subparagraph 5. of section Bof this Article shall apply. In the event thatsuch an employee with classification seniority isreturned to the unit, placement in aclassification in the unit shall be in an openposition and based on classification seniority,except that the employee who was laid off shallbe returned in accordance with section B ofArticle XVIII •

2. He is discharged or terminated (unless reversedthrough the grievance or arbitration procedures);

4. He does not return to work from layoff withinfive (5) calendar days after being notified toreturn by certified or registered mail or bytelegram addressed to the employee at his lastaddress filed with the University PersonnelOffice. An employee who changes address must

SECTION B.

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notify the University of the change. TheUniversity will give the employee a receipt forthis notice;

5. He has been on layoff for a period of time equalto his unit seniority at the time of his layoffor two (2) years, whichever is lesser; or

6. He is absent from work, including the failure toreturn to work at the expiration of a leave ofabsence, vacation, or disciplinary layoff, forthree (3) consecutive working days withoutnotifying the University, except when the failureto notify and work is due to circumstances beyondthe control of the employee.A grievance involving compliance with this

section shall begin at step two of the grievanceprocedure, and may be processed through the grievanceand arbitration procedures only by an employee who haslost his status as an employee and his seniority,provided it is submitted in writing at step two of thegrievance procedure within seventy-two (72) hoursafter the facts have occurred giving rise to hisgrievance .

ARTICLE XVI

SENIORITY LIST

The University shall prepare and maintain aseniority list which shall show the names,classification title and the University unit, groupand classification seniority of all non-probationaryemployees. The Union shall be given two copies of thelist and notice of changes as soon as practicable asthey occur. The list, and any changes thereafter,

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SECTION A •

PROBATIONARY EMPLOYEES

ARTICLE XVII

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First 500 actual hoursof work within a periodof six consecutivemonths

E-l Boiler Operator Trainee First 6 months ofEmployment

E-2 All Classifications First 820 actual hoursof work within a periodof six consecutivemonths

An employee is a "probationary employee" untilhis first day of work following completion of the timeperiods as listed below:

shall be deemed correct as to an employee's seniorityunless he notifies the University to the contrary inwriting within thirty (30) calendar days after thelist, or any change, is sent to the Union .

All Other Classifications

SECTION B •

A probationary employee shall have no seniority,except University seniority, until he has completedhis probationary period. Upon the completion of hisprobationary period, he shall acquire unit, group,classification and plant classification seniority and

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ARTICLE XVIII

SECTION C •

1. Layoffs shall be by and from each senioritygroup;

LAYOFF PROCEDURE

LAYOFF AND RECALL PROCEDURES

3. Such removed employee shall be transferred,conditioned upon ability to do the work, toreplace an employee with less classificationseniority in a classification assigned to thesame or next lower pay grade in his senioritygroup. If there is no such employee in aclassification assigned to the next lower pay

When an employee is to be laid off, the followinglayoff procedure shall apply:

2. The employee with the least classificationseniority in a classification that is affectedshall be removed from the classification first,provided that the employees remaining in theclassification have the ability to do the workavailable; and

SECTION A .

be entered on the seniority list with the date of hisfirst day of work following completion of hisprobationary period.

Probationary employees may be disciplined or laidoff or terminated with or without cause and no matterconcerning Section C. of this Article shall be subjectto the grievance and arbitration procedures .

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For the purposes of this Article, chief stewardsshall have classification seniority preference overall the employees in his seniority group, conditionedupon his ability to do the work .

grade in his seniority group, this procedureshall be applied to classifications assigned toeach succeeding next lower pay grade in hisseniority group until the appropriate employee islaid off .

When an employee is to be recalled to work fromlayoff, or there is to be a return to a classificationfrom which an employee was removed as a result of alayoff, the reverse application of the layoffprocedure shall be applied before hiring or making apromotion .

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DEFINITIONS

RECALL PROCEDURE

SENIORITY PREFERENCE

1. For the purpose of this Article, ability to dothe work means physical fitness, previouscompetent and efficient performance and othercurrent knowledge which together indicate withreasonable certainty that the work in questionwill be performed competently and efficiently .

2. Notwithstanding subparagraphs 5 and 6 of SectionA. of Article XV, an employee affected by theapplication of this Article shall continue toaccrue classification seniority and plantclassification seniority in all classificationsto which he was previously assigned .

SECTION D.

SECTION C.

SECTION B.

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ARTICLE XIX

A grievance involving compliance with thisArticle shall begin at step two of the grievanceprocedure, provided it is submitted in writing at steptwo of the grievance procedure within seven (7)calendar days after the facts have occurred givingrise to the grievance .

The factors in making a promotion shall bequalifications and plant classification seniority .Qualifications shall include a review of theemployee's work record, other knowledge made known tothe University regarding qualifications, physicalcapacity, predeveloped skills, knowledge andunderstanding of procedures and equipment, attentionto duty and work habits. When it is determined thatqualifications have been met, plant classification

PROMOTION PROCEDURE

LIABILITY

PROMOTIONS AND TRANSFERS

SECTION A .

Liability of the University for failure to applycorrectly any provisions of this Article, shallcommence not earlier than the date of submitting thewritten grievance alleging such violation at step twoof the grievance procedure, provided the chief stewardof the affected employee and the Union's main officehave received notice prior to the effective date ofthe layoff or recall or the affected employeeotherwise has sufficient knowledge of the facts tomake a claim .

SECTION E.

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seniority of employees assigned to a classification inthe next lower pay grade shall be the determiningfactor. Thereafter plant classification seniority ofemployees in classifications assigned to each nextsucceeding lower pay grade shall be considered in thesame manner. If none of the employees in a plant arepromoted, then other employees in the seniority groupshall be considered in the same manner .

77 A "promotion" is defined as the transfer of anemployee to a regular opening in a classificationassigned to a same or higher pay grade within his ownseniority group. A regular opening is an openingwhich the University knew in advance would exist formore than three (3) consecutive months, but shall notinclude any opening which is filled by an employeeassigned as operational relief, regardless ofduration. An employee assigned to the classification,Boiler Operator, who is regularly performing, or hasperformed continuously for one year or more,operational work in the Huron street plant shall beconsidered for promotion in operational work in thatplant prior to considering other Boiler Operators inthat plant.

78 Prior to making a promotion, a regular openingwill be posted in a plant for five (5) calendar days,except when a "designee" or an employee with the mostplant classification seniority assigned to the nextlower pay grade in that plant is promoted. Inaddition, the regular opening need not be posted wheneach next employee with the most plant classificationseniority assigned to the next lower pay grade in thatplant does not accept the promotion and the employeewith the next most seniority is promoted. Non-acceptance of a promotion shall be in writing .

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35

An employee accepting the "designee" status andthe opportunity to be trained shall do so in writing .Notwithstanding any other provision of this Article,this acceptance confirms that the employee will bepromoted to a regular opening in the classificationfor which he is being trained, provided qualificationshave been met. The "designee" employee may not rejectthe promotion without the consent of the University .

A promotion may be questioned through thegrievance and arbitration procedures, but only by anemployee in the seniority group in which the openingoccurs who has bid during the posting period on a formprovided by the University that he be considered forpromotion to the classification in question and either(1) has greater plant classification seniority, or (2)is assigned to a classification in a same or higherpay grade than the employee selected for thepromotion.

In the event that the University selects anemployee to be a "designee" and be trained so theemployee may become qualified for a promotionalopportunity within a "Plant" (reference paragraph 63-7), an employee other than a "designee" with the mostplant classification seniority assigned to the same ornext lower pay grade in the "plant" shall be selected .An employee in the Huron street plant shall havesatisfactory experience as a Turbine Operator prior toselection as a "designee" for training for OperatingEngineer. An employee selected for training mayreject the opportunity in writing. In such a case theemployee other than a "designee" with the next mostseniority shall be selected. An employee who rejectssuch training will be eligible for selection again inaccordance with these provisions •

PROMOTIONAL TRAININGSECTION B.

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It is understood that "operations"; "instrumentand control repair"; and "powerhouse repairmaintenance" each, constitutes a separate and distinctseries of promotional training opportunities. Anemployee who is selected and accepts training in oneseries need not be considered for promotion ortraining in the other series for a period of six (6)years following his latest acceptance of trainingwithin a series .

An employee who has been selected for trainingand does not successfully complete the training neednot be selected for training again, unless theemployee at his own initiative and expense,demonstrates that he is competent to be reconsideredby attending and successfully completing relatededucational and vocational training program. Anemployee who does not successfully complete thetraining shall be returned to his formerclassification and pay grade.

An employee who no longer desires to continue ina classification may request in writing, a transfer toa classification assigned to a lower pay grade withinhis seniority group. The University shall transferthe employee to any such classification, except a"designee" classification, for which an opening existsand for which he has the qualifications and ability todo the work. The transfer will be made at a time andin a manner which will not affect the efficientoperation of the University. In addition, theemployee need not be considered for promotion to theclassification from which he transferred for a periodof three (3) years, or to any other classification ortraining for a period of two (2) years from the dateof transfer.

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VOLUNTARY DEHOTIONAL TRANSFERSSECTION C .

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ARTICLE XX

ARTICLE XXI

SHIFT PREFERENCE

PROMOTION AND TRANSFERS

ELIGIBILITY

SECTION D.

SICKNESS OR INJURY DISABILITY INCOME

For the purposes of shift selection and vacationscheduling only, an employee who is transferred fromone classification to another classification in thesame pay grade shall only have "seniority" based oncontinuous service in the new classification beginningwith the date of transfer .

In the event of a regular opening on a shift or ashift rotation schedule, the University will considerthe classification seniority of those employees whohave made their preference known to the University.The assignment to a shift or a shift rotation scheduleshould not impair the efficient operation of theUniversity and, therefore, it is understood thatseniority alone cannot be the sole determining factorin making the assignment. At the request of anemployee who has made his preference known and who hasmore classification seniority than the employee whowas assigned to the regular opening, the Universitywill explain its reasons to the employee and the Unionin writing.

SECTION A.

An employee shall be eligible to receivedisability income in accordance with the provisions ofthis Article when he is unable to work because of adisability resulting from personal sickness or injury

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and providing he meets the requirements of section F,except no disability income shall be payable for anydisability which results as follows:1. Intentionally self-inflicted;2. Participating in any criminal act;3. Participating in a riot or civil commotion;4. Working for an employer other than the

University;5. During a layoff, leave of absence, or

disciplinary layoff6. Following a termination date that was determined

prior to occurrence of the disability; or7. During a vacation, except when hospitalized .

In addition, and if, at the conclusion of eachcalendar year, the total number of days absent in aPlant, as defined in Article XV, exceeds the averageof four days per employee, excluding Family Care Timeand absences exceeding five (5) days per occurrence,an employee in the Plant will serve a waiting periodbefore qualifying for disability income for the nextcalendar year. This waiting period is defined as thefirst sixteen (16) hours of each disability absencefollowing the first three (3) occurrences ofdisability absence, excluding use for Family CareTime. This waiting period shall not apply if anemployee is hospitalized on the first day of absenceor directed to go home by the University because of ajob related injury which occurs while at work .

During each calendar year in which the sixteen(16) hour waiting period does not apply, an employee

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who has received forty-eight (48) hours of disabilityincome, or has three (3) occurrences of disabilityabsence, excluding Family Care Time, whichever comesfirst which is unsubstantiated by an acceptablephysician's statement or other evidence of disabilityacceptable to the University will be required toattend a sick Time Conference with a businessrepresentative of the Union and representatives of theUniversity. Although not limited to the following,information discussed at a Sick Time Conference shallbe of the type:1. Time lost from work due to personal sickness or

injury;2. Physician's evaluation(s);3. Ability of employee to meet employment obligation

of regular and reasonable attendance; and,4. Time lost not confirmed by a physician's

statement .As a result, after the fourth occurrence of disabilityabsence, excluding Family Care Time, which is notsubstantiated by an acceptable physician's statementor other evidence of disability made known andacceptable to the University, the employee may besubject to a sixteen (16) hour waiting period for eachsubsequent disability absence. In the event the Unioncharges the University has acted in a discriminatory,capricious or arbitrary manner, they may grieve theissue directly to Step Two of the grievance procedure .

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Maximum Hours Ofuniversity Seniority Disability Income

All hours of disability absence, whether or notpaid, shall be recorded and, to the extent necessaryto implement this Article, available on an individualbasis to an employee and the Union .

A part-time employee normally scheduled to worktwenty (20) or more hours per week shall be eligiblefor disability income providing he meets theeligibility requirements of section A, but the numberof hours of disability income as provided in sectionB, and C, shall be on a basis dependent on his normal

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HOURS OF DISABILITY INCOME PAYABLE

SCHEDULE OF MAXIMUMS

PART-TIME EMPLOYEE

SECTION B.

First year 96Oyer one through two years 192Over two through three years 288Over three through four years 384Over four through five years 480Over five through six years 576Over six through seven years 672Over seven through eight years 768Oyer eight years 800

SECTION C.

The number of hours of disability income payableto an eligible employee shall be based upon time lostfrom work, but in no case shall the number of hourspayable exceed (1) the maximum set forth in section Cbased upon his University seniority at the time hisdisability occurs, or (2) such maximum minus thenumber of hours paid in the immediately precedingtwelve (12) consecutive month period, whichever numberof hours is the lesser .

SECTION D.

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In all cases on returning to work an employeeclaiming or having received disability income mustcertify on a form provided by the University thefollowing:

1. The nature of the disability which prevented himfrom working, including time, dates andcircumstances, and whether or not under the careof a physician;

schedule of hours which shall be directlyproportionate to the maximum hours of disabilityincome for which a full-time employee is eligible. Anemployee normally scheduled to work less than twenty(20) hours per week shall not be eligible fordisability income.

DETERMINATION OF DISABILITY INCOME

NOTICE AND PROOF OF DISABILITY

SECTION E.

SECTION F.

Except as otherwise limited by this Article, theamount of disability income payable to an eligibleemployee shall be determined by multiplying the numberof hours, not to exceed eight (8) in a day nor forty(40) in a week, of time lost from work because of thedisability times the employee's hourly rate, includingall applicable premiums, at the time the disabilityoccurs. In addition, no loss of time Worker'sCompensation benefit (including any dependencyallowance) will be paid to an eligible employee untilall disability income payable to the eligible employeehas been used .

No disability income shall be payable to anemployee unless his department head is notified of thenature of the disability and the probable durationthereof as soon as possible, but in no event laterthan the beginning of his shift, except when thefailure to notify is due to circumstances beyond thecontrol of the employee .

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2. The amount of time lost from work in hoursbecause of the disability;

3. The name of the person to whom advance notice wasgiven together with the time, or the reasonnotice was not given.In the event that facts and circumstances

indicate that the employee may not be eligible fordisability income as claimed, evidence of disability,such as a physician's statement of disability on aform provided by the University or an examinationprovided by and at the expense of the University, maybe required •

In addition and when in the twelve (12) monthperiod immediately preceding an absence, an employeehas already received forty-eight (48) hours ofdisability income which has not been substantiated bya physician's statement, provided, however, thatSection G. hours shall not be counted, no furtherdisability income shall be payable to that employeeunless the employee personally sees a physician duringthe absence and provides a physician's statement ofdisability issued on that day which satisfactorilyexplains why the employee was unable to work. Suchdisability payments shall not begin until the day theemployee personally sees a physician, except when aphysician is not available to see the employee and thephysician directed the employee to appear at a laterdate .

In no case shall disability income be payable toan employee who is absent in total, or in part, fromhis regular schedule when that employee worked any ofthe eight (8) hour period immediately preceding hisregular schedule, unless the employee reports directlyto a medical facility approved by the University andthe inability to work is substantiated. If notsubstantiated, the employee shall report back to work,not be paid for time lost, pay for the cost of theexamination and be subject to disciplinary action .The University may release an employee from thisrequirement, but only before the employee leaves work .

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SECTION G. PREVENTIVE MEDICAL AND DENTAL CARE

Arbitrary failure or refusal to follow acceptedmedical practice in treating a disability shall bereason for discontinuing or withholding disabilityincome •

It is understood that the Union does not condoneany abuse of this Article and that an employee whoviolates any requirement of this Article shall besubject to disciplinary action for serious misconduct .

FAMILY CARE TIME

DISCIPLINARY ACTION FOR ABUSE

RETURN FROM EXTENDED ABSENCE

SECTION B.

Full time employees may use up to twenty-four (24)hours of disability income each calendar year to carefor family members who are incapacitated, ill orinjured. Part-time employees shall be eligible forfamily care time off on a pro rata basis which isdirectly proportionate to their appointment fraction.The definition of "family member" shall be the staffmember's spouse or a domestic partner with whom theemployee shares living accommodations and expenses;or, without regard to their place of residence, it mayalso include the child, sibling, parent, grandparentor other related individual whose care is theresponsibility of the staff member, spouse, ordomestic partner .

An employee will be granted paid time off forpreventive medical and dental care appointmentsprovided the employee gives his supervisor writtennotice at least five (5) calendar days prior to theappointment. The written notice shall include thetime and day of the appointment, the name of thedoctor and the probable duration of the absence. Aseries of appointments may be included in the samenotice. Notwithstanding the fact that such an absenceis not the result of a disability within the meaningof this Article, the provisions of this Article shallapply .

An employee returning from an extended absencecovered by this Article, whose position has beenfilled as a regular opening in accordance with ArticleXIX, will be placed in his former position unless theUniversity's or the employee's circumstances have so

SECTION G(l).

SECTION I.

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changed as to make it impossible to do so. Employeesaffected by this return shall be placed or laid off inaccordance with the provision of Article XVIII.

ARTICLE XXII

HOLIDAYS

SECTION A.

103 The paid holidays shall be as follows:1. New Year's Day2. Memorial Day3. Independence Day4. Labor Day5. Thanksgiving Day6. The day after Thanksgiving Day7. Easter Sunday8. Christmas Day9. December 24th10. December 31st

103a An employee may substitute up to three (3) commonlyrecognized religious holidays of the employee's ownchoice for any of the holidays designated above, withinany July 1 to June 30 period, provided writtennotification of substitution is given to an employee'ssupervisor on or before July 1 and arrangements are made

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in sufficient time to provide for the substitution. Insuch a case, the provisions of this Article shall applyto the substituted holiday and not the holiday designatedabove. In the event that no work is provided such anemployee on a holiday designated above, the employee willnot be paid for that day. If work is provided on aholiday designated above, the provisions of section Eshall not apply .SECTION B .

104 The holiday shall be the calendar day on whicheach holiday falls, except that in Ann Arbor theholiday shall be the twenty-four (24) consecutive hourperiod beginning at 11:00 p.m. The day before thecalendar day on which each holiday falls .SECTION C.

105 Each full-time employee, other than an employeeon layoff or on any leave of absence, shall receiveeight (8) hours pay at his hourly rate, including allapplicable premiums, for the holiday provided theemployee meets the following eligibility requirements.

106 He works his last regularly scheduled work dayprior to and his first regularly scheduled work dayfollowing the holiday, unless his failure to work oneither or both such days is excused because of (1)personal sickness or injury as provided in ArticleXXI, or (2) other extraordinary circumstances beyondthe control of the employee which cannot be correctedin time for him to meet his employment obligations .SECTION D.

107 Each part-time employee normally scheduled towork twenty (20) or more hours per week, other than anemployee on layoff or on any leave of absence, whomeets the eligibility requirement set forth in SectionC shall receive pay for the holiday determined by

45

multiplying his hourly rate times his normal scheduleof hours per week divided by five (5). Those normallyscheduled to work less than twenty (20) hours per weekshall not receive pay for the holiday .SECTION E.

108 In addition to the holiday pay as provided insection C. or D., an employee who works on the holidaywill be paid for the time worked at two (2) times hishourly rate and shift premium, if applicable. To theextent an employee is paid pursuant to this Section,he shall not be paid an overtime premium under sectionA of Article IX for the same time worked .SECTION F •

109 An employee who fails to work on a holiday whenassigned or called in shall not receive holiday pay asprovided in section C. or D. unless his failure towork is excused because of (1) personal sickness orinjury as provided in Article XXI, or (2) otherextraordinary circumstances beyond the control of theemployee which cannot be corrected in time for him tomeet his employment obligation .SECTION G.

110 If the university reduces the work week of anemployee during a week in which a holiday(s) falls toprovide not more than forty (40) hours of pay, theday(s) off shall be adjacent to the holiday •

46

••••••••••••••••••••••••

ARTICLE XXIII

Except as provided in paragraphs 113 and 114 ofthis Section, full-time employees accrue paid vacationtime as follows:

An increase in the rate of accrual shall beprorated for the initial month of completion of therequired years of seniority, in accordance withparagraph 113 of the agreement .

During the calendar month in which a full-timeemployee starts or ends employment, or starts orreturns from any leave of absence, he shall accruepaid vacation time on a percentage basis of the rateof accrual in section A. depending upon the day of thecalendar month on which the event occurs as follows:

None50%

100%

End of Employmentor Start of Leave

Of Absence

Rate Of AccrualPer Calendar

MonthEight HoursTwelve Hourssixteen Hours

47

100%50%

None

VACATIONS

Start of Employmentor Return From

Leave of Absence

ACCRUAL

Day ofCalendarMonth

1 through 1011 through 2021 through end

universitv SenioritvFirst Five YearsFrom Five Through Eight YearsOver Eight Years

SECTION A.

113

112

111

••••••••••••••••••••••••

48

Paid vacation time accrues and is recorded at theend of each calendar month of employment.

No employee shall be eligible for paid vacationtime, or receive pay in lieu of vacation time, beforeit accrues, or before completion of the probationaryperiod .

No employee may accrue paid vacation time inexcess of twenty-four (24) times his rate of accrualper calendar month.(Also see Memorandum of Understanding)

••••••••••••••••••••••••

ELIGIBILITY

PAY IN LIEU OF VACATION TIME

Except as provided in paragraph 113 above anemployee shall not accrue any paid vacation timeduring any leave of absence or during any calendarmonth in which is absent without pay for fifteen ormore work days. During any calendar month in which heis absent without pay for less than fifteen (15), butmore than seven (7) work days, he shall accrue 50% ofhis section A accrual .

Part-time employees normally scheduled to worktwenty (20) or more hours per week accrue paidvacation time on a basis which is directlyproportionate to that accrued by full-time employees.Those normally scheduled to work less than twenty (20)hours per week shall not accrue paid vacation time.

An employee will receive pay in lieu of paidvacation time (i.e. without taking actual time offfrom work) only after completion of his probationaryperiod and then only under the followingcircumstances:

SECTION B.

SECTION C.

115

114

116

117

118

119

49

Scheduled and Posted:

Pay in lieu of vacation time shall be at theemployee's hourly rate, at the time the event setforth in section C occurs, times the number of hoursof accrued vacation time .

1. Retirement; or2. start of a leave of absence; or3. Termination, for whatever the reason; or4. Death, in which case a survivor will be paid

SCHEDULING OF PAID VACATION TIME

PAY FOR ACCRUED VACATION TIME

SECTION E.

1. The University will post any limitationsconcerning the schedule of vacations, twice ayear, prior to February 1 and August 1, includingthe election to close down any or all of itsoperations and schedule vacations during theclose down period .

SECTION D.

Pay for vacation time shall be at the employee'shourly rate, including all applicable premiums, at thetime vacation is taken, times the number of hours ofaccrued paid vacation time scheduled and used. Payfor vacation time shall be paid to the employee on hisregular pay day, except that an employee shall be paidfor such vacation time in advance of his vacation onhis regular pay day preceding the vacation, providinghe is scheduled for five (5) or more consecutivevacation days (40 hours) and the payment in advance isrequested in writing at least seven (7) calendar daysprior to the pay day preceding the first day of suchvacation •

Scheduled and listed paid vacation time shall bescheduled to meet the work requirements of theUniversity, with due consideration given to anemployee's wishes as to time and duration inaccordance with the following procedure:

122

121

120

••••••••••••••••••••••••

123

2.

3.

4.

Employees will request vacation time during themonth of February for all scheduled vacation tobe taken during the following April throughSeptember. Employees will request vacation timeduring the month of August for all scheduledvacation to be taken during the following Octoberthrough March .Based upon these requests, the University willschedule vacations in order of preference on thebasis of group seniority in each plant •Upon completion of the scheduling, the vacationschedule shall be posted during the last week ofMarch and September, only to be changed by theUniversity because of work requirements causedother than by the scheduling of vacations •UnpostedVacations which are not scheduled and posted inaccordance with the above procedure may begranted in the sole discretion of the University,provided it is requested in advance by theemployee. An employee may be granted unpostedvacation if the employee requests of hissupervisor, whenever possible twenty-four (24)hours prior to the beginning of his shift, and(a) if there are no other absences in theoperating group; or (b) no other absences in themaintenance group sufficient to disrupt routinemaintenance or repairs; or (c) no emergencysituation exists. Unposted vacation shall not bereason for changing the posted vacation schedule .Only posted vacation time can be taken the daybefore and after a holiday. Once an unpostedvacation is granted, it may be cancelled for anyreason except to permit another employee to takeunposted vacation .

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••••••••••••••••••••e•••

51

At the request of an employee, an absence coveredby Article XXI may be charged against accrued vacationtime after all payments under Article XXI have beenexhausted .

If a day observed by the University as a holidayas provided in Article XXII occurs during anemployee's vacation, he shall, if otherwise eligiblefor it, receive holiday pay and will not have thattime off charged against accrued vacation •

No employee shall be called to report for workwhile on vacation, whether it be posted or unposted,or on a regularly scheduled day off immediatelypreceding or following such vacation, unless thepresence of the employee on vacation or on theregularly scheduled day off is required because noother employee with the necessary qualifications isavailable, except that in the case of an unpostedvacation, the employee makes himself available to becalled to report for work prior to being grantedvacation in accordance with the procedure set forth inparagraph 121 .

WORK CALL DURING VACATIONSECTION F.

125

124

126

••••••••••••••••••••••••

ARTICLE XXIV

FUNERAL LEAVE PAY

127 In the event of the death of (1) an employee'sspouse, or (2) a significant other non-related personliving in the employee's household, or (3) the son,daughter, parent (including step parent), grandparent,brother, sister, grandchild (or the spouse of any ofthem) of either the employee or the employee's spouse, or(4) any other related person living in the employee'shousehold, an employee who attends the funeral shall begranted time off work with pay [maximum of eight (8)hours a day at the employee's hourly rate, including allapplicable premiums]. The amount of time off work withpay shall be only that which is required to attend thefuneral and make necessary funeral arrangements, but inno event shall the time off exceed three (3) work days.If additional time off is needed, or if the employeeattends the funeral of other relatives not listed above,the employee may request the use of unposted vacationtime .

ARTICLE XXV

JURY AND WITNESS SERVICE

128 An employee who loses time from work during hisnormal schedule of work because of jury duty serviceor to testify pursuant to a subpoena shall be paid forsuch time lost at his hourly rate, including allapplicable premiums. Jury duty and witness fees shallbe offset against such pay. Except as otherwiseprovided in this Agreement, such jury duty and witnessservice shall be considered time worked. The employeeshall furnish the University a written statement fromthe court showing the days and time of jury duty orwitness service and the amount of jury duty or witnessfees he was eligible to receive for each day. Theemployee will report for available work when releasedfrom jury duty or witness service.

52

•••••e•~••••••e•••••••••

••••••••••••••••••••••••

129 Notwithstanding the then existing schedule ofwork of other employees, an employee while on juryduty will be assigned to the day shift, provided theemployee gives notice of the jury duty as soon aspossible, but not later than the Friday before theSunday preceding the Sunday in the week in which thejury duty begins. In the event that the notice isuntimely, the assignment to the day shift will be madeas soon as the schedule change does not require thepayment of an overtime premium .

ARTICLE XXVI

ANNUAL MILITARY DUTY

130 An employee who is a member of the Armed ForcesReserve or National Guard and who loses time from workduring his normal schedule of work to participate inannual military training, or for service required as aresult of a civil disorder or other temporaryemergency, shall be granted an excused absence fromwork, not to exceed fifteen (15) work days in anyonecalendar year. Such an employee will be paid for thetime lost at his hourly rate, including all applicablepremiums. Armed Forces Reserve or National Guard basepay shall be offset against such pay. Except asotherwise provided in this Agreement, such serviceshall be considered time worked. The employee shallfurnish the University with written evidence ofservice and the amount of base pay he was eligible toreceive. If an employee receives vacation pay duringa period of training or service, he shall not beeligible for the pay provided by this Article for thatperiod of time for which he received vacation pay .

53

S4

ARTICLE XXVII

Subject to, and consistent with, the Universitydisability plan as provided for in Article XXXI, anemployee who qualifies for disability benefits will begranted a leave of absence for an indefinite period.

A non-probationary employee may be granted, inthe discretion of the university, a leave of absencewithout pay for a period not to exceed six months.The leave may be extended for additional periods, butin no case shall a leave and extensions exceed oneyear.

••••••e-••••••t•-~•-••-•

LEAVES OF ABSENCE

DISABILITY

PERSONAL

MEDICALSECTION A •

SECTION C.

A non-probationary employee who (1) is unable towork because of personal sickness or injury and (2)has exhausted disability payments under Article XXIand vacation payments under Article XXIII shall begranted a leave of absence without pay upon furnishingevidence of disability satisfactory to the University.

SECTION B.

The leave of absence shall be for the period ofcontinuing disability, but not to exceed six (6)months, unless extended by the University. Extensionswill not be denied unreasonably, but in no case shalla leave and extensions exceed two years or theemployee's University seniority, whichever period oftime is the lesser. The leave of absence may beterminated at any time if the employee fails toreceive appropriate medical treatment or furnishsatisfactory evidence of continuing disability .

131

132

133

134

ss

Following the birth of an employee's child orfOllowing the adoption of a child under age six, anemployee with seniority, upon written request, shallbe granted a leave of absence without pay for not morethan six (6) months. The leave may be extended foradditional periods, but in no case shall a leave andextensions exceed one (1) year .

A non-probationary employee who is elected orappointed to a full-time office in the Union, uponwritten request of the Union, shall be granted a leaveof absence without pay for not more than one (1) year.upon written request of the Union the leave will beextended for additional periods or not more than oneyear, but in no case shall a leave and extensionsexceed one term of office. Not more than one employeeat a time will be granted a Union leave of absence •

An employee entering the military service as (1)an inductee through the selective service system, or(2) a voluntary enlistee while having a 1-A selectiveservice classification, or (3) a member of the ArmedForces Reserve or National Guard either pursuant to anorder or call to active duty or active duty fortraining, or by volunteering during a period ofNational Emergency, shall be granted a leave ofabsence without pay for the period of active duty fortraining, not to exceed four (4) years, plusadditional time imposed by law and the period in whichreinstatement must be requested as set forth inparagraph 140 and the time required for placement.

CHILDCARE

UNION

MILITARY

SECTION E•

SECTION D.

SECTION F.

135

137

136

••••••••e•••••••••••••e•

S6

Subject to, and consistent with, the group lifeinsurance plan, coverage may be continued during a

During a leave of absence, an employee will notaccrue vacation nor be eligible for any payments fortime off work provided by this Agreement .

In addition, and in order to be eligible toreturn to active employment, an employee returningfrom a military leave of absence must have anhonorable discharge or certificate of honorableservice and apply for reinstatement within ninety (90)days after release from duty .

..••e••••t-•e••••••••••e•

GENERAL CONDITIONS

RETURN TO ACTIVE EMPLOYMENT

An employee returning from a leave of absencewill be placed in his former position unless theUniversity's or the employee's circumstances have sochanged as to make it impossible or unreasonable to doso. Employees affected by this return shall be placedor laid off in accordance with the provision ofArticle XVIII.

SECTION G .

SECTION H.

Subject to, and consistent with, the group healthinsurance plan, coverage may be continued during aleave of absence provided direct payment of the totalpremium is made through and as prescribed by theUniversity except as provided by the Universitydisability plan .

Return to active employment prior to theexpiration of any leave of absence, or any extension,shall be at the option of the University. TheUniversity, at its option and without cost to theemployee, may require that a physician or physiciansof its choosing examine the employee before returninghim to active employment.

140

139

142

141

138

143

•••••••••••e••••••••••••

leave of absence provided direct payment of theemployee's portion of the premium is made through andas prescribed by the University, except as provided bythe University disability plan .

144 During a leave of absence, both the University'sand the employee's contributions to the retirementplan are discontinued, except as provided by theUniversity disability plan, provided, however, thatsubject to, and consistent with, the retirement plan,an employee on a leave of absence may continue activeparticipation by making direct payment of any amountin the manner prescribed by the University .

145 Unless otherwise specifically provided for bythis Agreement, seniority shall accumulate during aleave of absence, and extensions, except thatseniority shall accumulate only for the first thirty(30) days of a personal leave of absence and shall beretained thereafter .

146 Any employee who obtains a leave of absence underfalse pretense or uses the leave for purposes otherthan for which it was obtained shall be subject toimmediate discharge .

ARTICLE XXVIII

GROUP LIFE INSURANCE

147 The Group Life Insurance Plan shall be asprovided by the University. It may be amended, butnot eliminated, by the University, except that thefollowing, consistent with the terms of the plan,shall not be changed during the term of thisAgreement:

57

1. Amount of insurance and monthly employee contributionfor full-time employees, both in accordance with thefollowing age brackets:

Full Up toTime but not Age 30 Age 40 Age 50Annual including to 39 to 49 to 64Rate Acre30 Inclusive Inclusive Inclusive22,500 but 75,000 75,000 63,000 50,000less than 7.50 11.25 15.75 20.0025,50025,500 but 87,000 87,000 73,000 58,000less than 8.70 13.05 18.25 23.2029,50029,500 but 100,000 100,000 83,000 66,000less than 10.00 15.00 20.75 26.4033,50033,500 but 111,000 111,000 93,000 74,000less than 11.10 16.65 23.25 29.6037,50037,500 but 123,000 123,000 103,000 82,000less than 12.30 18.45 25,75 32.8041,500

2. From age 65 or more a full-time employee's amount ofinsurance reduces gradually in accordance with theterms of the insurance plan .

58

••..-e••e•••-•••••e•-••-•

S9

ARTICLE XXIX

3. In the event of any amendment that affectsemployees in the bargaining unit, the Union willbe notified prior to the effective date of theamendment. No matter concerning the Group LifeInsurance Plan shall be subject to the grievanceand arbitration procedures of this Agreement,except for questions concerning compliance withthe specific provisions of this Article andwhether or not an employee has coverage inaccordance with the terms of the plan .

148 The Group Health Insurance Plan shall be asprovided by the University. Prior to the executiondate of this Agreement the Union had the opportunityto have explained the hospital and medical coverageavailable from the various organizations during theterm of this agreement and from which an employee canselect coverage. The Plan may be amended, but noteliminated, by the University. In the event of anyamendment that affects employees in the bargainingunit, the union will be notified at least thirty (30)days prior to the effective date of the amendment.The University will contribute, for coverage effectiveJanuary 1, 1993, up to $351.90 per month toward thecost of the group health care programs offered by theUniversity and the employee will contribute $110.62per month for full family coverage if the totalpremium for full family coverage does not exceed$462.52 per month. The University contribution towardany group health care program selected shall notexceed the contribution toward premiums of the BlueCross/Blue Shield and united Major Medical plans forone person, two persons, or full family coverage. Inaddition, in the event any University employee

HEALTH INSURANCE

HEALTH INSURANCESECTION A .•••••e•••••ee-•

•••••••••

60

During the term of this Agreement the Universityagrees to provide and maintain a two dollar ($2.00)co-pay prescription drug rider that is no less thanthe Michigan Blue Cross-Blue Shield Plan .

The "Group Dental Assistance Plan" shall be asprovided by the University. During the term of thisagreement, no less than the united Benefit LifeInsurance Company schedule or dental benefits ineffect at the execution date of this agreement will beprovided and maintained. In the event of any changesin the benefits, the Union will be notified prior tothe effective date of the change.

If, during the term of this Agreement, a federalor state law is enacted which requires the payment oftaxes or premiums to either the federal or stategovernment or another entity for hospital or medicalbenefits for employees, the University may make suchadjustments in the schedules of benefits provided bythis Article to avoid duplication of benefits. Inaddition, any such taxes or premiums paid by theUniversity shall be included in the total dollarlimitations provided in this Article .

•••••••••••••••••-•••--•

GROUP DENTAL ASSISTANCE PLAN

PRESCRIPTION DRUG RIDERSECTION B.

SECTION C.

group receives from the University monthly healthinsurance premium contributions for coverage effectiveDecember 1, 1990, in excess of $296.60 per month, orequivalent consideration, the University shallincrease its contribution level for employees of thisbargaining unit to the same extent. No matterconcerning the provisions of this article shall besubject to the Grievance and Arbitration Procedures,except for questions concerning compliance with thespecific provisions of this Article, and whether ornot the employee has coverage in accordance with termsof the Plan. (Also see Memorandum of Understanding)

149

148a

149b

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150

151

ARTICLE XXX

TRAVEL ACCIDENT INSURANCE

The Travel Accident Insurance Plan shall be asprovided by the University. It may be amended, butnot eliminated, by the University, except that thefollowing, without cost to an employee and consistentwith the terms of the plan, shall not be changedduring the term of this Agreement .1. The amount of the principal sum of insurance for

full-time employees shall be $50,000, or five (5)times hourly rate times 2080, whichever is more,except as the amount may be reducedproportionately by a catastrophic accident .

2. The principal sum will be paid for loss of lifeor any two members (hand, foot, or sight of oneeye) .

3. One-half the principal sum for loss of anyonemember .

4. Disability benefits .

In the event of any amendment that affectsemployees in the bargaining unit, the Union will benotified prior to the effective date of the amendment .No matter concerning the Travel Accident InsurancePlan shall be subject to the grievance and arbitrationprocedures, except for questions concerning compliancewith the specific provisions of this Article .

61

152

153

ARTICLE XXXI

DISABILITY PLAN

The Disability Plan shall be as provided by theuniversity. During the term of this Agreement, it may beamended, but not eliminated, by the University, except thatthe following, consistent with the terms of the plan, shallnot be changed during the term of this Agreement:1. The University will pay the cost for coverage, except;

a) during the first four (4) years of service when theemployee must pay the entire cost for coverage on allbase income and; b) except on base income over $30,000per year after four (4) years of service.

2. An eligible employee, normally scheduled to work twenty(20) or more hours per calendar week, shall receive adisability income which shall be 65% of his or hermonthly base income, (hourly rate times 2080 divided by12) .

3. In the event that cash benefits are received from othersources as set forth in the plan, the disability incomeset forth in 2. above shall be adjusted so that thecombination of disability income and cash benefits fromother sources shall not exceed 65% of the employee'smonthly base income .

4. For each month that a disability income is received,Retirement Plan, Group Life Insurance, and HealthInsurance Plan contributions shall be made by theUniversity as provided in the Disability Plan .In the event of any amendment that affects employees in

the bargaining unit, the Union will be notified at leastthirty (30) days prior to the effective date of theamendment. No matter concerning the Disability Plan shallbe subject to the Grievance and Arbitration procedures,except for procedural questions concerning compliance withthe specific provisions of this Article .

62

••e-••••••••••••••••••••

••••••••••••••••••••••••

153a

154

In addition, in the event any University employeegroup receives from the University an increase to the$30,000 per year base income limit as set forth insubparagraph 1. of reference paragraph 152, theUniversity shall increase the limits for employees ofthis bargaining unit to the same extent and at thesame time .

ARTICLE XXXII

RETIREMENT PLAN

The Retirement program shall be as provided bythe University. It is understood that the retirementplan may be amended, except that the following,consistent with the terms of the Teacher's InsuranceAnnuity Association and College Retirement Equity Fund(TIAA-CREF) Retirement Plan shall not be changedduring the term of this Agreement:1. The University will contribute an amount equal to

ten (10) percent of an employee's earnings eachmonth and the employee will contribute an amountequal to five (5) percent of his earnings eachmonth or,

2. At the option of an employee, who is full time,age thirty-five (35) or older with two (2) yearsof continuous service, the University willcontribute an amount equal to five (5) percent ofan employee's social security base earnings eachmonth and the employee will not contribute. Whenearnings are in excess of the social securitybase, 1. above shall apply. In the event of anyamendment that affects employees in thebargaining unit, the Union will be notified priorto the effective date of the amendment. Nomatter concerning the retirement program shall be

63

ARTICLE XXXIII

universitv Senioritv

Percentage of FormW-2 Gross Earnings,Not to Exceed $13,000

subject to the grievance and arbitrationprocedures, except for questions concerning thespecific provisions of this Article.

••••••••••••••••••••••••

LONGEVITY PAY

ELIGIBILITY

SCHEDULE OF PAYMENTS

An employee will be eligible for annual longevitypay in accordance with Section B. of this Article (1)if he received pay as an employee in the calendar yearpreceding the year of payment and (2) except asprovided in Section D., he is still an employee onOctober 31, in the year of payment .

6 or more, but less than 10 years 2%10 or more, but less than 14 years 3%14 or more, but less than 18 years 4%18 or more, but less than 22 years 5%22 or more, but less than 26 years 6%26 or more years 8%

64

SECTION A.

SECTION B .

Longevity pay shall be based on seniority as ofOctober 31, in the year of payment and shall becomputed as a percentage of Form W-2 Gross Earnings,for the calendar year preceding the year of payment,in accordance with the following schedule:

156

155

65

ARTICLE XXXIV

TUITION REFUND PROGRAM

157 Longevity pay to an eligible employee shall bepaid no later than November 30.

RETIREMENT OR DEATH

PAYMENT DATE

SECTION D.

SECTION C.

159 Such Longevity Pay shall be pro-rated on thebasis of completed calendar months of service frompreceding October 31, to the date of retirement,death, or transfer.

158 If an eligible employee retires, dies ortransfers to a University position outside thebargaining unit, he or a survivor shall neverthelessbe entitled to Longevity Pay based on his Universityseniority at the time of retirement, death, ortransfer .

160 The University provides and administers a tuitionrefund program under which employees will, under such termsand conditions as the University may from time to timeestablish, receive a tuition refund of not more thanseventy-five percent (75%) or six hundred dollars ($600) perterm and not to exceed twelve hundred dollars ($1200) in anytwelve (12) month period upon completion of an approved job-related course at, or through, approved educational ortraining institutions during non-working hours while on theactive employment rolls of the University. For the purposesof this Article Local 547's stationary Engineer's EducationFund shall be considered an approved training institution.If the University increases the tuition refund amounts foruniversity employees not represented by a Union, theUniversity will increase the amounts for employees in thisbargaining unit in the same manner and to the same extent.In addition, class attendance must be scheduled during non-working hours. However, in the event circumstances exist

••-•••••••••••••••••••••

which makes attendance during non-working hours impossible,an employee eligible for tuition refund may be grantedeither excused time off without payor vacation time in theamount necessary to attend class, up to three hours perweek. The decision to grant either time off or use ofvacation time will be at the discretion of the employee'ssupervisor .

ARTICLE XXXV

DISCIPLINE

SECTION A •

161 The University shall not discharge or take otherdisciplinary action for employees with senioritywithout cause. By way of illustration, but not by wayof limitation, cause includes any act or omissionwhich interferes with or affects in anyway the orderlyand efficient administration or operation of theUniversity, any violations of this Agreement, anyviolation of a reasonable rule, or regulation, orrequirement, whether or not written, which is known,or should have been known by an employee, and off-dutybehavior which adversely affects the University as apublic employer or educational institution, provided,however, any new rule, regulation or requirement shallnot be contrary to the terms of this Agreement. Arule, regulation, or requirement shall be deemedreasonable for purposes of arbitration, unless theUnion (or an employee) has notified the University inwriting of its contrary opinion within fourteen (14)calendar days after it knows, or should have known ofthe rule, regulation, or requirement. Disciplinaryaction shall be on a timely basis dependent on thefacts and circumstances involved, including the timetaken in investigating and analyzing the facts andcircumstances. In taking disciplinary action, theUniversity shall not take into account any priorincidents which occurred more than two (2) yearspreviously .

66

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••••••••-•••••••••••••••

162

163

164

SECTION B.A grievance which (1) concerns a disciplinary

layoff or discharge of a non-probationary employee and(2) alleges that no cause in fact existed, or that thedisciplinary action was taken arbitrarily and wasclearly excessive, may be processed through thegrievance and arbitration procedures, provided it issubmitted in writing at step 2 within seventy-two (72)hours after receipt by the employee of theUniversity's written notification of the disciplinaryaction. The notification shall include the nature ofthe cause and the extent of the action taken. Failureto submit a written grievance by the employee withinthe seventy-two (72) hour period shall constitute awaiver of all claims concerning such disciplinarylayoff or discharge .SECTION C .

If any grievance alleging a violation of thisArticle should be taken to arbitration, thearbitrator's authority shall be limited to the factquestion of whether there was cause and as follows:1. If the arbitrator finds there was cause, he may

modify the disciplinary action taken only if itwas (a) taken arbitrarily and (b) clearlyexcessive, otherwise he must affirm it.

2. If he finds there was no cause, he shall nullifythe disciplinary action taken.In cases where disciplinary action was taken for

more than one incident of misconduct, either the Unionor the University may request the arbitrator to setforth his findings of fact on each type of misconductrepresented by these incidents.

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68

SECTION D.

ARTICLE XXXVI

Each chief steward, and the assistant stewards,shall be a non-probationary employee working at the

••••••••••••••••••••••••

GRIEVANCE PROCEDURE

UNION REPRESENTATIONSECTION A.

The University shall notify the Union at itsoffice, providing it is open for business, of anydisciplinary action taken which involves adisciplinary layoff or discharge within twenty-four(24) hours after the action is taken and mail a copyof the employee's notification to the Union at itsoffice. If the Union so requests, after receivingnotification, a conference between a reasonable numberof representatives of the Union and therepresentatives of the University shall be set by theUniversity within the next twenty-four (24) hourperiod to discuss the incident and disciplinaryaction .

For the purposes of this grievance procedure, andexcept as otherwise agreed, there may be a chiefsteward for the following facilities:

In addition, there may be two (2) assistantstewards for Ann Arbor, one for the Huron Street Plantand one for the Hoover Operation, who shall representan aggrieved employee only when the chief steward isnot at work.

1. Ann Arbor2. Flint, and3. Dearborn4. Hospital

165

166

167

168

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A grievance is defined as a disagreement, arisingunder and during the term of this Agreement, betweenthe University and any employee (1) concerning hisemployment and (2) compliance with the expressprovisions of this Agreement .

facility he represents. The Union shall furnish theUniversity with the name of the chief stewards and theassistant stewards, and shall report promptly anychange to the University. The University shall notrecognize any employee as chief steward, and assistantstewards, without this notification.

In the event that employees have a groupgrievance, it shall be sufficient if one employeeprocesses the grievance on behalf of all similarlyaffected employees. A group grievance shall be onlyone in which the fact questions and the expressprovisions of the Agreement alleged to be violated arethe same as they relate to each and every employee inthe group .

DEFINITION OF GRIEVANCE

GROUP GRIEVANCES

PROCEDURE

SECTION B.

SECTION C.

SECTION D.An employee shall not have a grievance unless the

matter complained of is first brought to the attentionof his department head, or his designatedrepresentative, by the employee. At that time, thedepartment head or his designated representative,shall set a time and date, to discuss the matter withthe employee and if appropriate, the employee'simmediate supervisor. At the employee's request, thechief steward shall be present during the discussion •If the matter is not resolved between the departmenthead, or his designated representative, and the

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170

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employee within five (5) calendar days, the employeemay submit his grievance using the following grievanceprocedure .SECTION E.

172 The following grievance procedure shall be thesole and exclusive means for resolving all grievances:

173 Step OneAn aggrieved employee promptly, and in no event laterthan seven (7) calendar days after facts have occurredgiving rise to his grievance, shall reduce hisgrievance to writing on a form provided by theUniversity and submit it to his department head, orhis designated representative, for written answer .The grievance shall be dated and signed by theaggrieved employee and his chief steward and shall setforth the facts, including dates, and provisions ofthe Agreement that are alleged to have been violatedand the remedy desired .The grievance shall not be considered submitted untilhis department head, or his designated representative,receives the written grievance. At the time it isreceived it shall be dated and a copy returned to theaggrieved employee .

174 Step TwoIf the aggrieved employee does not receive asatisfactory written answer within five (5) calendardays after his written grievance is submitted to hisdepartment head, or his designated representative, hemay submit his written grievance to the UniversityReview committee for written answer provided hesubmits it within seven (7) calendar days following

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71

Upon request to the designated representative ofthe University and providing mutual acceptable

receipt of an unsatisfactory answer at step One orwithin twelve (12) calendar days from the time thegrievance was submitted at step One, whichever time issooner .

If the time for a discussion of a grievance isset during the normal working hours of the aggrievedemployee, he shall not suffer loss of time or pay. Ifthe time for a discussion is set during his chiefsteward's normal working hours his chief steward shallnot suffer loss of time or pay .

GRIEVANCE DISCUSSIONS, TIME LIMITS ANDADJUSTMENT.

VISITATION BY UNION OFFICIAL

SECTION F.

Upon receipt of the written grievance, the UniversityReview Committee shall set a mutually acceptable placeand time within ten (10) calendar days, unless thereis a mutual Agreement otherwise as to time, fordiscussion of the grievance. The aggrieved employee'schief steward and a reasonable number of Unionofficials may assist him in the discussion. A writtenanswer shall be provided within ten (10) calendardays, except that this time limit may be extended bymutual Agreement of the University and the Union.

If the aggrieved employee does not submit hisgrievance to step Two of the grievance procedurewithin the prescribed time limit, his writtengrievance shall be considered settled on the basis ofthe University's answer at step One, except theUniversity Review Committee may extend the time limitfor submission to step Two, providing the extension isrequested by the aggrieved employee and the Unionbefore the time limit ends.SECTION G.

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Except as otherwise specifically provided orlimited, the University shall not be liable on agrievance claiming back wages or other financialreimbursement for any of the following periods:

arrangements can be made, a reasonable number of Unionofficials who will represent an employee in thegrievance or arbitration procedures, may visit theUniversity once for the purpose of preparing the casefor presentation .

1. The period prior to the time the mattercomplained of is first brought to the attentionof his department head, or his designatedrepresentative, as provided in section D. of thisArticle, except that in the case of a payshortage of which the employee had not been awarebefore receiving his pay, any adjustments made

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LIABILITY

During such a visit the officials of the Unionmay view any area relevant to the grievance. Arepresentative of the University, at its option, mayaccompany the Union officials. In addition, theofficials of the Union may privately interviewemployees, one at a time, in possession of factsrelevant to the grievance. The interviews shall beheld at a place designated by the University and for areasonable period of time. If an employee isinterviewed during his normal working hours, he shallnot suffer loss of time or pay .

SECTION H .

During any such visit, the officials of the Unionshall be subject to all University requirementsapplying to visitors and shall not in any wayinterfere with the orderly and efficient operation ofthe University. In the event any privilege providedby this section is abused, it may be withdrawn by theuniversity after the Union is given a reasonableopportunity to remedy the situation .

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180

179

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ARTICLE XXXVII

3. The period between the first date the arbitratoris available for an arbitration hearing and thedate of hearing, when the first date is rejectedby the Union .

shall be retroactive to the beginning of the payperiod if this matter is brought to the attentionof his department head, or his designatedrepresentative, within seven (7) calendar daysafter receipt of his pay .

ARBITRATION

SUBMISSION TO ARBITRATION

A grievance as defined in Article XXXVI, exceptas otherwise provided in this Agreement, whichremains unsettled, after Step Two of thegrievance procedure and is within thejurisdiction of the arbitrator, may be submittedto arbitration by the Union giving written noticeto the University Review Committee within fifteen(15) calendar days from the date the writtenanswer from the university Review Committee wasdelivered to the Union, or within thirty-five(35) calendar days from the time the grievancewas submitted at Step Two, whichever time issooner. Such notice shall identify the grievanceand the issue and state the provisions of theAgreement involved. If no such notice is given

2. The period between the first date offered fordiscussion of a grievance by the University anddate when the Union is first available fordiscussion, when the first date offered by theuniversity is delayed at the request of theemployee or the Union; and

SECTION A.

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Every grievance submitted to an arbitrator fordecision shall be subject to the following terms andconditions:

within the prescribed time limit, the University'sanswer at step Two shall be final and binding on theUnion, the employee or employees involved, and theUniversity .

The Union and the University shall agree inwriting on a panel of three (3) arbitrators. If anappointed arbitrator(s) is unable or unwilling tocontinue this appointment, the rotating schedule shallbe sequentially adjusted in order that allarbitrations are assigned to the remainingarbitrators .(Also see Memorandum of Understandinq)

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TERMS AND CONDITIONS OF ARBITRATION

SELECTION OF ARBITRATORS

SECTION C.

1. Either the University or the Union or both shallnotify the arbitrator whose turn it is byforwarding a copy of the grievance, theUniversity's answer at step Two, the Union'snotice to the University Review Committee asprovided for in section A., and a copy of thisAgreement. A copy of this communication, excepta copy of the Agreement, shall be sent to eitherthe University or the Union as the case may be .A notice to an arbitrator is for a singlegrievance unless the parties mutually agreeotherwise, and shall be given to an arbitrator ona rotating basis and in sequential order based onthe date of the Step Two answer •

SECTION B.

183

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2.

3 •

4.

5.

6 •

Upon receipt of this communication, thearbitrator shall fix the time for hearing theissue or issues submitted for decision •At the time of the arbitration hearing both theUniversity and Union shall have the right toexamine and cross-examine witnesses .Upon the request of either the University or theUnion, or both, a transcript of the hearing shallbe made and furnished the arbitrator with theUniversity and the Union having an opportunity topurchase their own copy. The party requestingthe transcript shall bear the full cost, unlessit is mutually requested. In such a case thecost shall be shared equally .

At the close of the hearing the arbitrator shallafford the University and the Union a reasonableopportunity to furnish briefs, if requested byeither the University or the Union.The jurisdictional authority of the arbitrator isdefined as, and limited to, .the determination ofany grievance as defined in Article XXXVIsubmitted to him consistent with this Agreementand considered by him in accordance with thisAgreement .

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7.

8.

9.

In making his decision the arbitrator shall bebound by the principles of law relating to theinterpretation of contracts followed by theMichigan courts and shall construe the Agreementin a manner which does not interfere with theexercise of the University's rights, functions,duties and responsibilities, except to the extentthat such rights are clearly, expressly andspecifically limited by this Agreement.The arbitrator may interpret this Agreement andapply it to the facts of the particular casesubmitted to him, but he shall limit his decisionstrictly to the application and interpretation ofthe express provisions of this Agreement and heshall be without power or authority to make anydecision contrary to, or inconsistent with, or toadd to, subtract from, or in any way modify theexpress terms of this Agreement, nor shall hehave any power or authority to limit or changeany policies, practices, rules or regulations ofthe University not in conflict with thisAgreement; nor shall he have the power orauthority to formulate or add any new policies,rules, or regulations, nor substitute hisdiscretion in cases where the University retainsor is given discretion by this Agreement. It isfurther understood that the wage schedule shallnot be subject to arbitration and the arbitratorshall have no power or authority to establish orchange any wage .Except as otherwise provided and limited by thisAgreement, no grievance claiming back wages shallexceed the amount of wages the employee otherwisewould have earned less any remuneration orpayments he may have received during this periodof suspension from employment with theUniversity. It is understood, however, that any

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regular remuneration or payments he was receivingprior to his period of suspension shall not beused as an offset in determining a back wage.

10. The fees and expenses of the arbitrator shall beshared equally by the University and the Union.The expenses of, and the compensation for, eachand every witness and representative for eitherthe University or the Union shall be paid by theparty producing the witness or having therepresentative, except that the aggrievedemployee or any other employee who loses timefrom his work during assigned working hours whentestifying shall do so without loss of time orpay.

11. The arbitrator shall render his decision inwriting within thirty (30) calendar days.

12. The arbitrator's decision when made in accordancewith his jurisdiction and authority establishedby this Agreement shall be final and binding uponthe University, the Union and the employee oremployees involved .

ARTICLE XXXVIII

CONFERENCES

184 At the request of either the Union or theUniversity, conferences shall be held for the purposeof considering matters of mutual interest, other thangrievances under consideration in the grievanceprocedure provided that mutually acceptablearrangements can be made. All such conferences shallbe arranged through a designated representative of theUniversity. Questions of safety, licensing,productivity and work schedules are considered mattersof mutual interest .

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ARTICLE XXXIX

SECTION D.

SECTION C •

SECTION B .

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78

SAFETYSECTION E.

MISCELLANEOUS

Where currently in effect and to the same extent,the University will continue to provide laundryservice. In addition and to the same extent, soap,towels, certain tools, gloves and safety equipmentwill continue to be provided. An appropriate firstaid kit will be available at the Huron street Plant,Hoover, Flint, and Dearborn.

Where currently in effect for an employeenecessary wash-up time, not to exceed fifteen minutes,will continue to be provided in those situations whenthe conditions of his job require it•

Employees have the privilege of using Universitylibraries in accordance with rules and regulationsestablished from time to time by the University.

SECTION A •Full-time employees have the privilege of

purchasing an athletic card which includes a reducedprice ticket to all home football games and certainother privileges in accordance with rules andregulations established from time to time by theUniversity.

188

186

187

185

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2. Remain available to come to work and come to workif transportation is provided by the University .

1. Contact their immediate supervisor, as soon aspractical regarding their inability to get towork; and,

In the event that the University declares aninclement weather period for a specified period oftime for a geographic area, employees living orworking in the geographic area affected will makeevery effort to get to work. In the event that theemployee is unable to get to work the employee will:(Also see Memorandum of Understanding)

INCLEMENT WEATHERSECTION F.

The University shall continue to provide for thehealth and safety of employees during the hours oftheir employment. When an employee alleges that anunsafe condition exists, the condition will beinvestigated and as deemed necessary promptlycorrected. If no action is deemed necessary, oraction will be delayed, the employee(s) and chiefsteward will be given a written response .

Employees who are at work shall remain at work,if necessary, until such time as the inclement weatherconditions have subsided and other employees report towork to replace them. An employee will be paid at hishourly rate, including all applicable premiums, fortime lost during the inclement weather period,provided the University determines that he could notget to work as scheduled. Employees who work duringthe inclement weather period under the circumstancesand conditions described above, in addition to theirregular pay, shall have added to their vacationaccrual an amount of time equal to the hours actuallyworked on their normal schedule .

189

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191

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192

193

194

195

SECTION G.Unless an employee has made other arrangements

acceptable to the University (e.g. delivery todesignated banks), pay checks will be available at theHuron street Plant for Ann Arbor located employees andat a designated location at Dearborn and Flint .SECTION H.

At the time of hire, new employees will be givena set of whatever current University booklets areavailable to describe various benefit plans set forthin this Agreement .SECTION I .

All absences will be reported as soon aspracticable to the Huron street Plant. When asupervisor is on shift he is responsible for securingan appropriate relief for the absent employee. Theseefforts will be appropriately logged. When asupervisor is not present, the employee receiving thecall will complete the required forms and immediatelycontact the employee who will not be relieved becauseof the absence. The employee, who will not otherwisebe relieved, then will make calls to employees notthen at work in the following order:1. To individuals assigned as operational relief,

provided the call would not result in overtimepay.

2. To employees in accordance with Section D. ofArticle IX.If further calls are necessary, the operating

engineer on duty shall be contacted to take whateverfollow-up action may be necessary, including a call toa supervisor. The University may change this

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procedure from time to time, but only after discussionwith the Union .

ARTICLE XL

GENERAL PROVISIONS

SECTION A .

196 During the term of this Agreement, the Universitywill not add supervisory authority to the job contentof any existing classification nor shall a supervisorstand a watch when an employee who has the ability toperform the work is available .

197 During the term of this Agreement, the Universitywill continue to use employees in the bargaining unitto operate heating facilities owned by the University.In addition, if the University installs any centralair conditioning system which requires the full-timeregular attendance and attention of one or moreemployees for operational purposes, such employee oremployees will be included in this bargaining unit .SECTION B •

198 No provision of this Agreement, or any supplementthereto, nor the rights of either the University orthe Union under the terms of this Agreement shall bechanged or altered in any way unless such change oralteration is agreed to in writing between theUniversity and the Union .SECTION C .

199 The waiver of any violation of this Agreement toeither the University or the Union shall not precludeappropriate remedial action through the grievance and

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arbitration procedures for future violations .SECTION D.

200 If any provlslon of this Agreement, or anysupplement thereto, if found invalid by operation oflaw or by any board or court of competentjurisdiction, or if compliance with or enforcement ofany provision should be permanently restrained by anysuch court, the remainder of this Agreement, and anysupplements thereto, shall remain in full force andeffect, and the University and the Union, at therequest of either party, shall enter into negotiationsfor the purpose of arriving at a mutually satisfactoryreplacement for such provision or supplement.

ARTICLE XL-ACONTINUING EDUCATION

200a The Union and the University recognize that it isin the best interests of both parties that employeesreceive continuing education to acquire new knowledgeor skills and to enhance existing skills and abilitiesrelated to their job assignments. Accordingly, at therequest of the employee and with the approval of theemployee's supervisor, an employee may attendappropriate seminars, course work or participate inother continuing education directly related to thatemployee's current or future job assignments. Theseminars and course work may include, but are notlimited to, training provided for by equipmentmanufacturers, education in work methods andmaterials, and education to improve work relatedknowledge and abilities. In the event that sucheducation is required, the University shall pay thecost of tuition, course fees and books required,except for and excluding any fees required for

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membership in any professional or trade organizationor association. Employees who participate in suchapproved or required training shall not suffer a lossof time or pay. In addition, employees who receivesuch training or education may be required to train orassist in the training of others .

ARTICLE XLI

WAIVER

201 The University and the Union acknowledge thatduring the negotiations which resulted in thisAgreement each had the unlimited right and opportunityto make demands and proposals with respect to anysubject or matter not removed by law from the area ofcollective bargaining, and that the understandings andAgreements arrived at by the parties after theexercise of that right and opportunity are set forthin this Agreement. Therefore, the University and theUnion for the life of this Agreement each voluntarilyand unqualifiedly waives the right, and agrees thatthe other shall not be obliged, to bargaincollectively with respect to any subject or matterreferred to or covered in this Agreement, or withrespect to any subject or matter not specificallyreferred to or covered in this Agreement, even thoughsuch subject or matter may not have been within theknowledge or contemplation of either or both partiesat the time that they negotiated or signed thisAgreement •

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84

TERM OF AGREEMENT

EXECUTED: January 15, 1993

••••••••••••••••••••••••

ando LopezL (L~ II( ,; ,'-~

Gary M kl.

/~ ~tLJz;T--G. g Metz'

)r ~Davl.d Ty er

202 This Agreement shall become effective Dece&ber 6, 1992 and shallremain in full force and effect until and including December 3,1994, and thereafter from year to year, unless written notice oftermination is given by the University or the Union to the otherparty not less than sixty (60) nor more than one hundred-twenty(120) days prior to December 3, 1994. However, no earlier thanOctober 1, 1993, the parties agree to negotiate the wage ratesset forth in the Wage Schedule, Appendix A and the amount ofpremiums in Article XI, and paragraphs 209, 210, 211. It isunderstood that only the Wage Schedule and premiums will besubject to negotiations and new wage rates and premiums, if any,that are negotiated at that time will become effective not beforeDecember 5, 1993 •

••• 203•• PAY GRADE

E-l• E-l

• E-2E-2• E-2

• E-3

• E-3

• E-3

• E-4

• E-4

• E-4E-4• E-5

• E-5

• E-6

• E-6

• E-6E-6• E-6• E-7

•••

APPENDIX A

CLASSIFICATION AND PAY GRADES

CLASSIFICATION

Boiler Operator TraineeHeat Recovery Operator TraineeBoiler OperatorBoiler/Refrigeration OperatorHeat Recovery OperatorBoiler Operator-Turbine OperatorDesignee

Instrument and Control RepairpersonDesignee

Powerhouse Maintenance andRepairperson DesigneeInstrument and Control RepairpersonPowerhouse Maintenance andRepairpersonTurbine OperatorHVAC Repairperson I - FlintTurbine Operator-Operating EngineerDesignee

Instrument and Control SpecialistDesignee

Powerhouse RepairpersonEnergy Management SystemsOperator - FlintHVAC Repairperson II - FlintHVAC Leader - Flint

Instrument and Control SpecialistOperating Engineer

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APPENDIX B

WAGESCHEDULES

204 Effective December 6, 1992 the wage schedule shall be asfollows:

Start 3 mos. 6 mos 12 mos 18 mos 24 mos 30 mos

E-1 12.18 12.68 13.18 13 .69 14.59 15.52

E-2 14.59 15.52**

E-3 15.52 15.74 16.04

E-4 16.04 16.57

E-5 16.57 16.80 17.17

E-6 17.17 18.07

E-7 17.95 18.84

206 * Or completion of probationary period, whichever period isthe later.

Or completion of probationary period, whichever periodoccurs first.

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207 An employee who is selected for the BoilerOperator training program will be:1. Placed in the thirty (30) month schedule [pay

grade (E-l)];2. Assigned to related educational course work for

which attendance and successful completion isrequired. The University will pay the cost oftuition and books and for the time spent whileattending classes;

3. Evaluated periodically by the University tomeasure performance and progress, with at leastone written evaluation every six (6) months. Itis understood that the employee's continuedparticipation in the training program isconditioned on satisfactory performance andprogress. In the event an employee is notprogressing satisfactorily and may be discharged,the University will notify the Union and at theUnion's request a conference may be held todiscuss the unsatisfactory performance .

4. Ineligible for promotion during the thirty (30)month training program unless the Universitydetermines that the employee has successfullyreached the level of competence required toindependently perform the full range of duties ofthe Boiler Operator classification. In the eventthat the University promotes an employee prior tothe completion of the thirty (30) month trainingcycle, the employee's hourly rate shall be thebase rate for the classification .In addition, it is understood that a BoilerOperator Trainee will not be assigned to workindependently during the first twelve (12) monthsof training. After the completion of twelve (12)months, he may be assigned to work independentlyat various tasks and intervals but not to exceed

87

1,040 hours in the second twelve (12) month period andthen, any number of hours thereafter .

Upon successful completion of training, theemployee will be promoted to Boiler Operator .

208 Time off without pay shall not be counted inprogressing from one step to the next .

209 An employee whose assigned weekly schedule ofwork is for operational work exclusively shall be paidthirty cents ($.30) per hour in addition to his hourlyrate during the period of his assignment. Thispremium shall be paid to an employee for all timeactually worked in this capacity and for all paid timeoff .

210 An employee assigned to the circuit whoseassigned schedule of work, exclusive of overtimeassignments, is for ten (10) or more consecutive days,shall be paid thirty cents ($.30) per hour in additionto his hourly rate during the period of hisassignment. This premium shall be paid to an employeefor all time actually worked in this capacity and forall paid time off .

211 An employee who, in addition to his normal dutiesand responsibilities (1) is specifically assigned byhis immediate supervisor the responsibility to assignand coordinate the work of two or more distinct andseparate crews of not less than two employees in eachcrew and to see that the assignment runs smoothly andefficiently and to answer to his immediate supervisorfor progress or lack of progress and the quality ofwork being done, shall be paid sixty cents ($.60) perhour in addition to his hourly rate during the periodof his assignment. An employee shall be paid thisleader rate for all time actually worked in this

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capacity and for all paid time off, provided theemployees is so assigned prior to and subsequent tohis paid time off. Nothing in this memorandum shallbe construed to mean that an employee must be assignedthese responsibilities. Such assignments are solelywithin the discretion of the University .

89

For Local 547, International Union ofOperating Engineers, AFL-CIO

BY: f~ ~<~~

Philip schloop

It is understood that when an employee isassigned to work which takes him from his normaloperational shift work, he shall not be heldresponsible for operational work during the period ofthe assignment .

BY:

MEMORANDUM OF UNDERSTANDING

For the Regents of the Universityof :;igan f /;/

( )~t)(O'1Bruce B. Pringle

DATE: January 15, 1993

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91

MEMORANDUM OF UNDERSTANDING

DATE: January 15, 1993

For Local 547, International Union ofOperating Engineers, AFL-CIO

, //(~ c1( ')'lBruce B. Pringle

For the Regents of the Universityof Michigan

BY:

BY: 9'--Yr ~~~'Philip Schloop

It is understood that an employee will take hisunpaid lunch period as scheduled by the Universitypursuant to paragraph 32 unless he receives priorapproval from his supervisor to have his lunch periodat another time. At the present time this lunchperiod is from twelve noon until 12:30 p.m ..

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MEMORANDUM OF UNDERSTANDING

For Local 547, International Union ofOperating Engineers, AFL-CIO

It is recognized by the parties that during aprevious Agreement, there were occasions when theovertime record was not maintained on a timely basis .As a result the parties entered into extensivediscussions in order to prevent recurrence. It is theunderstanding of the parties that any problem thatexisted has been resolved. If during the term of thisAgreement, however, the problem recurs, the partiesagree to hold a special conference, which may includethe discussion of a penalty provision to providecompensation to an employee who was adversely affectedbecause of the untimely posting .

BY:

BY:

For the Regents of the Universityof Michigan

(f~ 0(0/1Bruce B. Pringle

~Philip Schloop

DATE: January 15, 1993

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93

DATE: January 15, 1993

MEMORANDUM OF ONDERSTANDIJIGHEALTH INSURANCE

Philip Schloop

For the Regents of the Universityof Michigan

()~(J~1Bruce B. Pringle

BY:

BY: r~~

It is understood that to accomplish this, theoffered program may change from time to time .

In addition to the current health care programsoffered by the University, the University will offer aBlue Cross-Blue Shield Comprehensive Major Medicalprogram where the full family coverage premium doesnot exceed the University's contribution.

For Local 547, International Union ofOperating Engineers, AFL-CIO

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For Local 547, International Union ofOperating Engineers, AFL-CIO

The parties agree to meet and discuss a multi-employer based apprenticeship program, in the eventsuch a program is fully established. This may beaccomplished through a special conference, at therequest of the Union •

BY:

MEMORANDUM OP UNDERSTANDING

For the Regents of the Universityof Michigann~ 0 (3;(

Bruce B. Pringle ~

Philip Schloop

DATE: January 15, 1993

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95

DATE: January 15, 1993

MEMORANDUM OF UNDERSTANDING

Bruce B. Pringle

For the Regents of the University

OfMiC~t?(~

Philip Schloop

BY:

BY:

For Local 547, International Union ofOperating Engineers, AFL-CIO

The normal schedule of work is defined in SectionA. of Article VIII applies to employees assigned tooperational relief. While employees assigned tooperational relief may not always receive twoconsecutive days off, it shall not be instituted inorder to avoid proper overtime payment to employees ofthe bargaining unit •

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MEMORANDUH OF UNDERSTANDING

For Local 547, International Union ofOperating Engineers, AFL-CIO

Notwithstanding the provisions of Article XXXIX,section F., and upon the total suspension ofoperations at the Flint Campus, the University willcontact the HVAC circuit employees at a reasonabletime, if possible, prior to the start of their shiftsto inform them of the closing and of the continuingresponsibilities of the employees under Article XXXIX,section F. In those instances where an employee isnot notified and reports to work, he will, at thediscretion of the University be (1) utilized in somecapacity or (2) sent home. Such employee who is senthome shall have four (4) hours added to their vacationaccrual .

BY:

BY:

For the Regents of the Universityof Michigan

(f~(SerBruce B. Pringle

~p

DATE: January 15, 1993

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MEHORANDUM OP UNDERSTANDING

During the term of this Agreement andnotwithstanding the provisions of Article XXIII,Section A., the Union agrees that the University maychange the method of recording, calculating andreporting of hours of vacation time from a monthly toa biweekly-weekly basis, provided the annual vacationtime accrued to eligible employees is not reduced .

The University is considering changes to thecurrent payroll system. It is anticipated as a resultof such changes that the University will provide moreinformation on employees' paycheck stubs. This newinformation may include the following: straight timepay, overtime pay, pay for sickness or injurydisability income, vacation pay, vacation and sicknessor injury disability accrual balances, and year todate gross earnings and taxes .

For the Regents of the Universityof Michigan

BY' (r~~~1Bruce B. Pringle

For Local 547, International Union ofOperating Engineers, AFL-CIO

BY: (\~'l:n~~v~

Philip Schloop

DATE: January 15, 1993

97

MEMORANDUM OF UNDERSTANDING

For Local 547, International Union ofOperating Engineers, AFL-CIO

1. Patrick McDonald2. William Daniel3. Paul Glendon

Effective with the execution date of this agreement,the panel of arbitrators as provided for in ReferenceParagraph 182 shall be as follows:

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98

~~~Philip sch oop

DATE: January 15, 1993

BY:

BY:

For the Regents of the Universityof Michigan /~r1,u.----. (((,,#1

Bruce B. Pringle

In the event that a vacancy occurs on the panel ofarbitrators, the University and the Union shall meet at therequest of either party to select an arbitrator to fill thevacancy, and such selection shall be by mutual agreement •

KEMORANDUM OF UNDERSTANDING

For the Regents of the University of Michigan

For Local 547, International Union of Operating Engineers,AFL-CIO

The University will generally provide at least forty-eight(48) hours advance notice of an overtime assignment wheneverpracticable and the need to schedule and perform the work on anovertime basis is known to the University before the forty-eight(48) hour period of time, provided, however, that nothing shallpreclude the University from assigning overtime work toemployees at any time and without the forty-eight (48) hournotice .

~rU<-([(yBruce B. Pringle

99

Jn~~i(Philip Schloop

DATE: January 15, 1993

BY:

BY:

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For the Regents of the University of Michigan

For Local 547, International Union of OperatingEngineers, AFL-CIO

The parties agree to meet in special conference todiscuss the feasibility of establishing an employeeincentive program which would recognize the suggestions andcontributions of the employees. The meetings shall be heldat the request of the union .

BY:

BY:

Memorandum ot Understanding

~ (J~( ~Bruce B. Pringle

\1'-'\' ~~ Philip SChlO~

DATE: January 15, 1993

100

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