Memorandum of Understanding Regarding Bargaining Unit Employees

The University recognizes the Union as the exclusive bargaining representative for all regular full-time employees who are employed by the University in the positions listed as Attachment 1 by position title.  Probationary, temporary, part-time, seasonal, supervisory (including forepersons) personnel, and all other University employees are excluded from representation.

Employees who are serving their original probationary period (i.e., 6 months) in positions which are covered by the bargaining unit may become dues-paying members of the Union after 3 months of employment.  Probationary employees may not file grievances under this MOU and are employed at-will.

Recognition will not preclude any employee from bringing matters of personal concern to the attention of appropriate officials of the University in accordance with applicable rules, regulations, or established policies.  Where applicable, this Memorandum and further understandings adopted by the University and Board of Governors and ratified by the Union membership will govern.

In accordance with Chapter 105 of the Revised Statutes of Missouri, Section 105.520:

“Whenever such proposals are presented by the exclusive bargaining representative [i.e., the Union] to a public body [i.e., the University], the public body or its designated representative or representatives will meet, confer and discuss such proposals relative to salaries and other conditions of employment of the employees of the public body with the labor organization which is the exclusive bargaining representative of its employees in a unit appropriate.  Upon the completion of discussions, the results will be reduced to writing and presented to the appropriate administrative, legislative or other governing body in the form of an ordinance, resolution, bill or other form required for adoption, modification, or rejection.”

The management and direction of the work force includes the right to plan, direct, and control operations; to choose the methods, processes, and materials to be employed; to direct, employ, transfer, demote, suspend, discipline, and/or discharge for just cause; to relieve employees from duties because of lack of work or other legitimate reasons; and to establish and maintain rules and regulations as the University may deem necessary and proper relating to the operation of the University, except as expressly modified or restricted by a specific provision of this Memorandum of Understanding.

Board of Governors’ policies which apply to staff shall apply to bargaining unit employees.  Central’s HR Procedure Manual shall apply to bargaining unit employees, except in the event of a difference between the Procedure Manual and the MOU, in which case the MOU shall apply.  Employees are covered on the effective date of an applicable policy’s implementation or revision.  

 The Union will have a position on the President’s Cabinet.  The University will create and maintain an account on its Intranet e-mail information system for the Union’s use.  The Union will be granted space on fifteen (15) bulletin boards, or space in close proximity to time clocks, for the purpose of posting bulletins relating to Union business.  The location of the bulletin boards shall be approved by the Director of Human Resources.  A listing will be maintained in the Office of Human Resources.  Postings will be defined as:  (1) notice of time, date, and place of Union meetings; (2) minutes of Union meetings; and (3) Union social events.  Any other postings shall be approved in advance of placement by the Director of Human Resources.

Upon the hiring of a new bargaining unit employee, the Union President will be notified in writing of that employee’s name, job title, assignment, and shift.  At the orientation of new bargaining unit employees, the Office of Human Resources will provide the new employee with an informational Memorandum notifying the employee that he or she is a member of the bargaining unit represented by the Union, that the terms of his or her employment are governed in part by a Memorandum of Understanding between the University and the Union, and that a Union officer or steward will be contacting and providing the employee a copy of the Memorandum of Understanding.  Thereafter, a Union officer or steward will be allowed to contact the new employee during the new employee’s break or lunch-time, or at a time that has been approved by the new employee’s immediate supervisor.  Provision of a copy of the MOU and other Union-related materials at that time shall not be considered a violation of the University’s general no-distribution-of-literature policy.  

No discrimination of any kind will be committed either in favor of or against any employees because they are or become members, stewards, or officers of the Union or do not become or remain members of such Union. If requested, the Union will be required to represent any Bargaining Unit member regardless of their Union membership status in accordance with the union’s duty of fair representation.

In addition to established Board of Governors and University policies, a general set of work rules applying to all shops included in the Facilities, Printing Services, Public Safety, Procurement, and the Airport, with specific work rules as may be necessary for individual shops, will be devised by the appropriate supervisory personnel and posted in a prominent place in the shop or work area.

Work rules devised and implemented by any organizational unit or department will not be in conflict with the Memorandum of Understanding, University or Board of Governors policies, and state and/or federal laws, statutes, and regulations.  If a conflict occurs with any of the above, then OSHA will serve as a guideline.

Supervisors will not require employees to use their private vehicles in carrying out assigned duties.

• $1.25/hour for temporary assignments to supervisory positions
• $0.75/hour for temporary assignments to non supervisory positions

Temporary work assignments must meet the following qualifications:

• Work assignment is at a higher level classification.
• Work assignments last 8 or more hours.

Employees who are temporarily assigned by Management to a lower classification will not receive a reduction in pay.  Temporary assignments to a lower classification will be assigned to the employee with the least University seniority that is qualified to perform the work.

Compensation for temporary assignments which are longer than 30 days will be determined by the Office of Human Resources, in compliance with the compensation procedures for the Central Job System (CJS). 

Notice must be provided to the Union in writing by University Management when temporary assignments will exceed 30 days. 

Pay premiums for relief custodians will be $.50 per hour and pay premiums based on shift assignment as of the date of this agreement will remain in effect. 

Punctuality and attendance are essential to the smooth and coordinated functioning of the University.

Tardiness

Tardiness occurs when an employee is one (1) or more minutes late to begin the work day or return from breaks or meal periods.  A habitual pattern of tardiness is defined as more than (1) occurrence in a week, or more than four (4) occurrences in a consecutive four (4) week period.   Such recurrences of tardiness will result in the commencement of progressive discipline.  In addition, any incidence of tardiness which exceeds 7 minutes will be docked from the employee’s pay in 15 minute increments.  When an employee is tardy, the supervisor may require the employee to make up the missed time during the day; however, the incident will still be counted as an occurrence of tardiness even if the employee is permitted to work a complete day (i.e., no time was actually lost by the end of the work day). Except in cases of emergency, employees are required to call in if they anticipate arriving late for work.  Recognizing that it may often be difficult to notify the University of lateness caused by unforeseen circumstances, call-ins for lateness due to emergencies will be required only if the employee expects to be late by one-half hour or more.  Employees must notify their supervisor or the main office of any anticipated reasons that might cause late arrival to work on the following day.

Other Absences

An employee who will be absent from work is required to notify the Facilities Main Office (if applicable) or person specified as the appropriate supervisor, as the employee has been directed by the immediate supervisor, not later than the employee’s scheduled starting time and continue regular contact on a daily basis until able to return to work.  For absences of three days or more due to family or medical reasons, the employee must notify the supervisor and HR of the anticipated duration and estimated return date in compliance with the Family Medical Leave Act (FMLA).  The employee must keep the supervisor and HR aware of any changes in the estimated return date.

Authorized Absences

Notification of an absence does not ensure the absence will be authorized.  Only the supervisor has the authority to approve or not approve an absence; leaving a message for the supervisor is not sufficient.  An absence is authorized when the supervisor signs the Absence Form and indicates the absence has been approved.

Whenever possible, all employees will be permitted two 15-minute rest periods, to be determined by the immediate supervisor, during the workday.  The rest period begins as soon as the employee stops working, and travel time to and from another location is considered to be part of the rest period.  Travel time related to the current job assignment is not considered to be part of the rest period.

Employees scheduled to work less than a normal, full workday will be permitted, when possible, one 15-minute rest period during any four consecutive hours of work.

Location

The rest period will normally be taken on the job or on campus in an area immediately adjacent to the work site, or at another location as approved by the supervisor.  If it is necessary to provide coverage for the job, the supervisor may require that the rest period be taken at the work station.

Transportation

University vehicles are not to be used to transport employees during the rest period or for the purpose of transporting food or beverages unless this is a specific job requirement.

The term “University seniority” for full-time employees refers to employees’ length of employment with the University, in whatever classification, without a break in service.  Continuity of service is broken if employees voluntarily resign or retire from employment at the University; are discharged for cause; fail to be recalled from layoff within a year from the effective date of layoff; or are absent for a period exceeding 6 months, unless granted leave by the University.  All full-time employees having satisfactorily completed the initial six-month probationary period will have seniority from their initial date of hire. 

Employees who enter into military service will be given a leave of absence in accordance with the law and will accumulate seniority in accordance with the law during the military absence.  Upon termination of military service, employees will be reemployed provided they have an honorable discharge, they are  physically able to do the available work, and they report to work within the amount of time designated by law after the date of such discharge. 

Nothing contained herein will obligate the University to employ or transfer an employee because of seniority if the employee is not qualified to perform the required duties of the position.

The University retains the right to schedule employees for stand-by when it determines there is a need for such duty.  The University retains the sole right to determine the need for, the number of, and the qualifications of employees required for such duty.

Employees on standby will be credited with one hour of straight time for each eight hour standby shift for the inconvenience of having the standby.

Employees on standby who are called in for work will be credited with all of the standby hours of duty, as indicated above, plus credited with all of the hours worked on a call-in with not less than two hours of work for each call-in.

The hours actually worked on standby and subsequent call-ins will be credited toward hours actually worked in a workweek for overtime purposes.  However, an employee will not be paid overtime/premium pay twice for the same hours worked, nor will there be pyramiding of pay for call-in while on stand-by.

The hours credited for work on a call-in while on stand-by will not include travel time to or from home since the minimum pay provision is to allow for the inconvenience and travel time involved.

Employees scheduled for stand-by work will be given as much advanced notice as practical, but not less than three calendar days advance notice, so that the employees may make their personal plans accordingly; however, the University reserves the right to schedule employees for stand-by work with less than three days advance notice, in cases where the University deems it an emergency.

Employees assigned to stand-by will provide the University a telephone number where they can be reached, or will be furnished a beeper or radio by the University prior to the beginning of the employee’s standby shift, provided the employee constantly remains within the range of the beeper or radio.

Failure to comply with the above communication provisions of standby will result in disciplinary action up to and including discharge.

Call-In/Call-Back

An employee on stand-by who is called in to work on a day when he or she has not been scheduled or who is called back to work after completing his or her work schedule, will be credited with a minimum of two hours work.

An employee called to work before his or her normal shift time and who continues working into his or her regular shift will not be considered to be either called in or called back and will be paid only for all hours worked and overtime, as required.

Each employee is required to report to work when called, unless excused for good and sufficient reason.  Good and sufficient reason will be determined by the University.

Employees called in will be expected to do whatever work is necessary, even though it may not be a part of their regular duties, providing they have the necessary knowledge to perform the work safely and without risk to equipment or operation, which will be the sole judgment of the University.

The hours paid for call-in and call-back will be credited toward hours actually worked in the workweek for overtime purposes.  However, an employee will not be paid overtime/premium pay twice for the same hours worked, nor will there be pyramiding of pay for call-in or call-back time.

All employees subject to call-in/call-back will provide the University, as a condition of employment, a telephone number where they can normally be reached.

The University agrees to deduct from each paycheck the Union membership dues and supplemental dues check/off from the wages of those employees (as defined in Article 1) as contained in the Memorandum of Understanding.

The Union and the University agree to the establishment and maintenance of a payroll deduction system whereby each bargaining unit employee’s regular initiation fees, readmit fees, assessments, regular dues, supplemental dues and/or working hourly dues, political action committee, or agency fees shall be deducted from the employee’s pay and remitted to the Union Secretary-Treasurer for each pay period and sent to the Union Secretary-Treasurer with in the first 5 days of month.  The Union will provide the University copies of the voluntary written authorizations signed by employees authorizing these deductions.  Each written authorization shall contain the dates for which it will be valid and binding.  The University agrees to honor the effective dates on the authorization and further agrees to cancel withholding only upon a valid revocation of authorization per the term of the authorization card or upon the employee’s separation from employment.  Any employee wishing to terminate his/her authorization will be referred to the Union.

Should employees desire to cease deductions from their wages, they must submit to the Union Secretary-Treasurer written and notarized authorization stating the employee’s desire to cease Union dues withholdings. This authorization must be sent to the Union-Secretary-Treasurer by certified mail, once received by the Union it will be forwarded to the Payroll Office as defined by Attachment 2.

The University will forward monthly to the Union Secretary-Treasurer, the following:

1. A list of those employees for whom deductions were made, their social security numbers, current hire date, and the amount of each such deduction for each employee.

2. The total amount of such dues withheld less the $25 monthly cost to the University per deduction type.

The University will provide a uniform program consisting of shirts/smocks for all regular full-time employees.  Uniforms (shirts/smocks) furnished to employees are not designed for use outside the workplace and are not to substitute for personal attire when off duty.

To promote a positive company image, employees are expected to maintain neat and clean appearance.  Wearing uniforms while on duty is required except for casual Fridays, emergency call-ins, and other University-wide special dress days as announced.  If any employee identification is required on such days, it will be supplied by the University. 

Specific additional reasonable guidelines (standards) for uniform articles other than shirts/smocks may be established based on job requirements such as public contact or health and safety standards.  These standards will be posted in work areas and Union bulletin boards.  Employees will be given six months notice of additional guidelines before compliance is required. 

Employees will be issued all necessary personal protective equipment and clothing if required by law or deemed necessary for employee safety. 

The assignment of overtime will be the sole right of management and will be equally offered among qualified bargaining unit employees within the craft or service and maintenance areas in so far as is practical.  This will not preclude assignment outside of the craft or service and maintenance areas in case of emergencies.

Employees will be offered overtime work on a rotational basis in order of occupational group seniority (highest seniority to lowest).  Employees who decline proffered overtime hours will be placed at the bottom of the rotational list.  If there are no volunteers, employees will be assigned and required to work overtime on a rotational basis in reverse order of occupational group seniority (least seniority to highest).  Employees required to work overtime will be given at least 24 hours notice of such assignment except in the case of an emergency. 

Employees who are assigned to work overtime may decline provided there is another qualified employee available and agreeable to perform the work, and the exchange is approved by the supervisor.

All overtime work will receive prior approval by the employee’s immediate supervisor or other appropriate supervisor who will initial the time card or payroll sheet where the overtime is recorded.  Overtime pay is one-and-one-half times the regular rate.  The regular rate for purposes of calculating overtime is established by the Fair Labor Standard Act.  Overtime earned through the last full workweek of the month will be paid in the month following the month in which the work was performed.  Vacation leave counts as time worked for the purpose of calculating overtime work.  Any other paid leave or compensatory time does not count as time worked for the purpose of calculating overtime work.

Supervisors of shift workers will designate the starting time and ending time of a holiday.  The holiday must be at least three shifts long.

An employee scheduled to work on any holiday may exchange work with another qualified employee, provided the exchange of work is approved by the immediate supervisor..Employees will be offered holiday work on a rotational basis in order of occupational group seniority (highest seniority to lowest).  Employees who decline a proffered holiday shift will be placed at the bottom of the rotational list.  If there are no volunteers, employees will be assigned and required to work holidays on a rotational basis in reverse order of occupational group seniority (least seniority to highest).  Employees required to work a holiday, will be given at least 10 business days’ notice of such assignment except in the case of an emergency. 

If the employee is scheduled to work on any holiday and fails to report for work, the employee will not be paid for the holiday and will not receive any other compensation.  Furthermore, the employee will be subject to disciplinary action, unless the University is provided a physician’s statement that the employee was too ill to report to work.

The University reserves the sole right to determine and to administer reasonable disciplinary action to employees covered under this Memorandum of Understanding for violation(s) of University policies and procedures as well as provisions outlined in this Memorandum of Understanding.  The causes for discipline set forth in this Article are not exhaustive, nor are all progressive discipline steps required for every violation warranting progressive discipline.  Progressive discipline is corrective, not punitive, and should be administered consistent with the circumstances and the severity of the offense.  All discipline will be issued within ten (10) working days of the date of the infraction giving rise to the discipline or if the infraction is not immediately discovered, within (10) working days of when the University knew or should have known of the infraction.  This time frame will be, by mutual agreement of both the Union and the University in writing, be extended use to agreed circumstances and agreed time frame.

All disciplinary action will be administered as privately as possible, with due respect to all persons involved.  With the exception of an informal counseling that is not recorded, an employee will be offered Union representation in all disciplinary actions initiated by any supervisor or department head.  If the employee being disciplined is one of the designated stewards, he or she will have the right to be accompanied by another steward of his or her choosing.

Except for informal counseling, all disciplinary action will be recorded on the Notice of Employee Discipline Form (Attachment 3) and forwarded to the Office of Human Resources (HR).  No discipline will be recorded without the employee’s knowledge of such action. The employee and the Union (when employee has requested representation) will receive a copy of the discipline form from the supervisor when the discipline is administered.

If an employee’s record has been free of reported disciplinary action(s) for a period of eighteen (18) months from the date of the last offense (one year in the case of verbal discipline), the University will not base any current disciplinary action on the earlier disciplinary action(s).  If, however, additional disciplinary action has occurred during that time period, then only the employee’s prior eighteen (18) month record will be considered.

This article is intended to define how open positions within FPO Departments can be filled to provide an opportunity for internal candidates to change their work schedules/shift and/or work location within their same job classification.

1. Open positions will be posted on the Human Resources website and the posting will indicate “preference will be given to internal candidates within the same job classification”. Candidates must complete the UCM online application for employment in order to be considered for an opening.

2. Internal candidates will be evaluated by Human Resources based on Job Classification Seniority. For example: Custodian, Main Campus-Evenings to Custodian, Main Campus-Days or Electrician I CJS-9 in Projects to Electrician I CJS-9 in Electrical Services.

3. For an internal applicant to be considered, the following criteria must be met:

- Employee’s most recent Performance Evaluation has a score of “Meets Expectations” or higher.

- Employee has successfully completed the six month probationary period at UCM.

- Employee’s record has been free of any unpaid suspensions for twelve months prior to the job posting date.

- Employee has been in their current position for at least three months before applying for a new position.

4. If the above criteria are met, the position will be offered to the applicant with the highest classification seniority.

This agreement shall become effective upon approval by the representatives of the University and Union, and shall remain in effect until replaced by a successor agreement.  On or after January 1, 2016, either party may request in writing that meet and confer sessions begin with the goal of negotiating such a successor agreement.  Parties will confer annually to determine whether any changes are needed in the memorandum of Understanding.

This Memorandum of Understanding shall become effective on the first full pay period following approval of the Union and the University and shall remain in effect through and including January 1, 2016

The entire Agreement shall be automatically renewed from year to year thereafter unless either party notifies the other in writing not less than ninety (90) days prior to the anniversary date that it desires to modify or terminate this agreement. If such notice is given, meet and confer meetings shall begin no later than sixty (60) days prior to the anniversary date.

In witness whereof, the parties hereto have caused the same to be signed by their duty authorized officers on May 1, 2014. 

_______________________________                                                                ___________________

Charles M Ambrose, President                                                                          Date

University of Central Missouri

_________________________________                                                            ___________________

Laborers’ International Union of North America (LiUNA!)                                          Date

Public Service Employees

Local Union 1290PE

Jeremy Hendrickson

Business Manager/Secretary-Treasurer

List of Positions Included in the Bargaining Unit

Membership Card and Supplemental Dues Check-off Card Authorization