The Employer will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining, or make any agreement with any such group or individual for the purposes of undermining the Union or changing any condition in this Agreement.

Article 2

Scope of Agreement

            The parties agree that this Agreement in all respects supplants all particular provisions of the following General Laws of the Commonwealth of Massachusetts and Rules and Regulations thereto and any future rules and regulations promulgated there under, namely:  the Second Paragraph of Section Twenty-Eight of Chapter Seven (Red Book); Section Twenty-Four A: Paragraphs (4) and (5) (Gray Book), formerly paragraphs 5 and 6 of Section Forty-Five; paragraphs (1), (4) and (10) of Section Forty-Six, and Section Fifty-Three of Chapter Thirty; Sections Thirty to Forty-Two, inclusive, of Chapter One Hundred and Forty-Nine.

            The parties agree that during the negotiations of the terms of this Agreement, they were afforded the unrestricted right to negotiate all matters covered by Chapter        150E; that they shall be governed exclusively by and limited to the terms and provisions of this Agreement and that neither shall have any other obligation, or be obligated, to negotiate with respect to any matter pertaining to wages, hours, or other terms and conditions of employment, whether or not specifically included in this Agreement or discussed during the negotiations preceding the execution of this Agreement.

            No addition to, alteration, modification, practice, or waiver of any term, provision, covenant or condition or restriction in this Agreement shall be valid, binding or of any force or effect unless made in writing and executed by the Employer and the Union.

Any prior agreements covering employees covered by this Agreement shall be

terminated and of no effect, upon the effective date of this Agreement and shall be superseded by this Agreement.                                                                                                                                                                                                                                                                                                                                                  of no
Article 3

Management Rights

            The Union and the Employer agree that the provisions of this Agreement shall be expressly limited to conditions of employment covered by this Agreement, and no provision shall be construed to restrain the University from the management of its operations, including but not limited to the determination of the standards of service to be provided and standards of productivity and performance of its employees; the right to determine the size and composition of the work force; to determine educational and work standards; to decide the location and number of its offices, administrative buildings, dormitories, facilities, and physical plant; to determine the quantity and type of equipment to be used in its operation, the speed of such equipment, the manning requirements of such equipment or any job; to determine the content of job classification; to promulgate rules and regulations; to select supervisory and managerial employees; to discipline and discharge employees; to contract out work together with the control and state of products which may be used by employees; to determine the time for work, staffing pattern and work area, the method and place of performing work including the right to determine that the University’s work force shall not perform certain work, that employees may be transferred from one administrative area to another, the schedule of work and work breaks, the method of performing work including the introduction of improved methods and facilities; to determine whether such work shall be performed by bargaining unit employees or others; to fix standards of quality and quantity for work to be done; to determine whether any part or the whole of its operations shall continue to operate; to establish, to change, or to abolish any service; to maintain order and efficiency in its facilities and operations; to determine the duties of employees; to discharge employees; to hire, layoff, assign, transfer, retrench; to determine the qualifications of employees; to promote employees; to upgrade, allocate, reallocate, or classify employees; to determine the starting and quitting time; to require overtime; and all other rights and prerogatives including those exercised unilaterally in the past.

            The University agrees that this Agreement and the provisions of this Article herein above are subject to the express terms and conditions of this Agreement and statutory and other applicable law.  The parties agree that nothing in this Article is intended to modify or waive any rights or obligations arising under applicable state and federal laws, including the obligation to bargain in good faith with respect to any and all matters that are proper subjects of bargaining under G.L. c. 150E, as amended.  

Article 4

Union Security

Dues Checkoff

SECTION 1.

            The Union shall have the exclusive right to the checkoff and transmittal of Union dues on behalf of each employee.

SECTION 2.

            An employee may consent in writing to the authorization of the deduction of Union dues from his/her wages and to the designation of the Union as the recipient thereof.  Such consent shall be in a form acceptable to the appointing authority and shall bear the signature of the employee.  An employee may withdraw his/her Union dues checkoff authorization by giving at least sixty (60) days’ notice in writing to the Human Resources Office and the Secretary/Treasurer of the Union.

SECTION 3.

            An employee may consent in writing to the authorization of the deduction of an agency service fee from his/her wages and to the designation of the Union as the recipient thereof.  Such consent shall be in a form acceptable to the appointing authority and shall bear the signature of the employee.  An employee may withdraw his/her agency service fee authorization by giving at least sixty (60) days’ notice in writing to the Human Resources Office and the Secretary/Treasurer of the Union.

SECTION 4.

            The appointing authority shall deduct dues or an agency service fee from the pay of employees who request such deduction in accordance with this Article and transmit such funds, in accordance with University policy, to the Treasurer of the Union together with a list of employees whose dues or agency fees are transmitted, provided that the appointing authority is satisfied by such evidence that it may require that the

Treasurer of the Union has given to the Union a bond in a form approved by the appointing authority for the faithful performance of his/her duties, in a sum and with such agency or securities as are satisfactory to the appointing authority.

SECTION 5.

The Employer agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE.  DRIVE shall notify the Employer of the amount designated by each contributing employee that is to be deducted from his/her paycheck on a weekly basis for all weeks worked.  The phrase “weeks worked” excludes any week other than a week in which the employee earned a wage.  The Employer shall transmit to DRIVE Chapter 25, on a monthly basis, in one check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s Social Security number and the amount deducted from the employee’s paycheck.

Article 5

Agency Service Fee

SECTION 1.

            Each employee who elects not to join or maintain membership in the Union shall be required to pay as a condition of employment, beginning thirty (30) days following the commencement of his/her employment, an agency service fee to the Union in an amount that is equal to the amount required to become and remain a member in good standing of the exclusive bargaining agent.

SECTION 2.

            This article shall not become operative until this Agreement has been formally executed, pursuant to a vote of a majority of all employees in that bargaining unit present and voting.

SECTION 3.

            The Union shall reimburse the appointing authority for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Union for not paying the agency service fee.  The Union will intervene in and defend any administrative or court litigation concerning the propriety of such termination for failure to pay the agency service fee.  In such litigation, the appointing authority shall have no obligation to defend the termination.

SECTION 4.

            Disputes between the parties concerning this Article shall be resolved in accordance with the grievance procedure contained in this Agreement.  In the event such a dispute is submitted to arbitration, the arbitrator shall have no power or authority to order the appointing authority to pay such agency service fee on behalf of any employee.

            If the arbitrator decides that an employee has failed to pay or authorize the payment of the agency service fee in accordance with this Article, the only remedy shall be the termination of the employment of such employee if the employee continues to refuse to pay or authorize payment of the required agency service fee after having sufficient time to do so.

SECTION 5.

            It is specifically agreed that the appointing authority assumes no obligation, financial or otherwise, arising out of the provisions of this article and the preceding Dues/Agency Service Fee Checkoff article, and the Union hereby agrees it will indemnify and hold the appointing authority harmless from any claims, actions or proceedings by an employee arising from the termination of an employee hereunder or from deductions made by the appointing authority.

Article 6

Union Business

Section 1.   Grievance Processing

            Except as hereinafter provided, Union business shall be conducted by Union officers on off-duty hours.

            Union Officers shall be permitted to have time off without loss of pay for the investigation and processing of grievances and arbitrations.  Grievants shall be permitted to have time off without loss of pay for processing their grievances through the contractual grievance procedure, except that for class action grievances no more than three (3) grievants shall be granted such leave.  Requests for such time off shall be made in advance and shall not be unreasonably denied.  No Union Officer shall at any time use his/her Union position as an excuse to refuse to carry out his/her own duties or to interfere with the work of any other employee.

            The Union will furnish the appointing authority with a list of Union officers.

Section 2.  Paid Union Leave of Absence

            A.     Leave of absence without loss of wages, benefits or other privileges may be granted to elected delegates of the Union to attend the International Brotherhood of Teamsters annual convention.  Such leave will require the prior approval of the Chief Executive Officer of the campus or designee (hereinafter in this Article “CEO”).  Persons designated as alternate delegates shall not be granted paid leaves of absence to attend such conventions.                   

            B.         Leaves of absence without loss of wages, benefits or other privileges may be granted to Union negotiating committee members for attendance at negotiating sessions with the Employer and related Union caucuses.  Such leave will require the prior approval of the CEO.

            C.        Leaves of absence without loss of wages, benefits, or other privileges may be granted for attendance at joint labor-management meetings.  Such leave will require the prior approval of the CEO.

Section 3.   Attendance at Hearings

            Representatives and officers of the Union may be granted leaves of absence without loss of wages, benefits or other privileges to attend hearings before the Legislature and State agencies concerning matters of importance to the Union and the Employer.  Such leave will require prior approval of the CEO.

            Witnesses called by the Union to testify at a Step 4 hearing or in an arbitration proceeding (Step 5) may be granted time off without loss of benefits or other privileges (not including wages).  Such leave will require prior approval of the CEO.

Section 4.  Union Use of Premises

            The Union shall be permitted to use the same or similar facilities of the appointing authority for the transaction of Union business during working hours which have been used in the past for such purposes, and to have reasonable use of the appointing authority’s facilities during off duty hours for Union meetings subject to appropriate compensation if required by law.

            This section shall not be interpreted to grant an employee the right to carry on Union business during his/her own working hours, not granted elsewhere in the contracts.

Section 5.  Bulletin Boards

            The Union may post notices on designated bulletin boards or an adequate part thereof in places and locations where notices usually are posted by the appointing authority for employees to read.  All notices shall be on Union stationery, signed by an official of the Union and shall only be used to notify employees of matters pertaining to Union affairs.  The notices may remain posted for a reasonable period of time.  No material shall be posted which is inflammatory, profane or obscene, or defamatory of the Commonwealth or its representatives, or which constitutes election campaign material for or against any person, organization or faction thereof.

Section 6.  Employer Provision of Information

            The appointing authority shall be required to provide the Union with the following information:

            A.        Every three months a list of all new employees in the      bargaining unit, date of employment and classification.

            B.         Every six months a list of all employees in the unit who have been terminated.

            C.        A list of all employees in the unit who withdraw checkoff authorization within two months of such withdrawal.

            D.        Every six months, a list of employees in the bargaining unit and their titles and last dates of hire.

            Where the appointing authority has been providing the above information to the Union at more frequent time intervals, the information shall continue to be furnished at such intervals.

Section 7.  Orientation

Where the appointing authority provides an orientation program for new employees, one-half hour shall be allotted to the Union and to the new employees during which time a Union representative may discuss the Union with the employees.
Article 7

Non-Discrimination and Affirmative Action

Section 1.

            The parties agree not to discriminate in any way against employees covered by this Agreement on account of race, religion, creed, color, national origin, sex, age, mental or physical handicap.

Section 2.

            The parties agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, age, sex, national origin, or mental or physical handicap, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs.  Therefore, the parties acknowledge the need for positive and aggressive affirmative action. 

Section 3.

Any matters concerning this Article shall be subject to the Campus Affirmative Action Grievance Procedure and not the grievance and arbitration procedures provided in Article 28 of this Agreement.  These procedures are not a waiver of statutory rights.
Article 8

Workweek and Work Schedules

Section 1.  Scheduled Hours, Workweek, Workday

            A.        The regular hours of work for full-time employees shall be an average of thirty-eight and one half (38½) hours per week, including roll call time, over a six calendar week period.

            B.         The work schedule, both starting times and quitting times, of employees shall be posted on bulletin board at each work location or otherwise made available to employees and Union stewards.

            C.        When the Employer desires to change the regular work schedule of an employee he shall give the affected employee at least five (5) calendar days written notice of such contemplated change, except in cases of emergency involving the health and safety of those persons whose care and/or custody have been entrusted to the University.

            D.        The University agrees to keep in effect its existing schedule called the“4-2” day-off schedule and arrangements attendant thereto.

Section 2.  Overtime

            A.        An employee shall be compensated at the rate of time and one-half his/her regular rate of pay for authorized overtime work performed in excess of forty hours per week.

            B.         An employee whose regular work is less than forty hours shall be compensated at his/her regular rate for authorized overtime work performed, up to forty hours per week, that is in excess of his/her regular workweek.

            C.        An employee shall be compensated at the rate of time and one-half his/her regular hourly rate of pay for authorized overtime work performed in excess of eight hours in his/her regular workday except that an employee whose regular workday is more than eight hours shall be compensated at the rate of time and one-half his/her regular hourly rate of pay for authorized work performed in excess of his/her regular workday.  The Employer shall not, for the purposes of avoiding the payment of overtime, curtail the scheduled hours of an employee during the remainder of a work week in which the employee has previously worked hours beyond his/her normally scheduled workday.  This paragraph shall not apply to employees who, because of the nature of the duties in their positions, work an irregular workday, nor shall it apply to employees who have been permitted by the employer to participate in an approved voluntary flexible hours program that has been duly authorized by the appointing authority.  Effective with the signing of this agreement, there shall be no election of compensatory time in lieu of overtime compensation.

            D.        All time for which an employee is on full pay status, such as sick leave, vacation, holidays, paid education leave, shall be considered time worked for the purpose of calculating overtime compensation.

            E.         There shall be no duplication or pyramiding of the premium pay for overtime work provided for in this Agreement.

            F.         The appointing authority shall make every effort to send out checks for overtime no later than the second payroll period following the payroll period of the overtime worked.

            G.        In so far as practicable, overtime shall be distributed equitably and impartially among persons in each work location who ordinarily perform such related work in the normal course of their work week; provided, however, the Director of Security may determine what overtime work shall be distributed to employees with less than one (1) year employment in the bargaining unit.

            H.        The provisions of this Section shall not apply to employees on full travel status.

            I.          In instances where no employees can be found to perform overtime work, the appointing authority may assign such work on a mandatory basis.  Such assignments shall be distributed as equitably as possible amongst all employees.

            J.          The University shall keep records of the overtime work and make same available for inspection by the Union at reasonable times.

Section 3.  Call Back Pay

            Effective on the date of signing of this Agreement, an employee who has left his/her place of employment after completing work on his/her regular shift and is called back to work prior to the commencement of his/her next scheduled shift shall receive a minimum of four hours pay at his/her regular hourly overtime rate.  This Section shall not apply to an employee who is called in to start his/her shift early and who continues to work that shift.

Section 4.  Court Time

            Any member of the bargaining unit who, while off duty, is required by the appointing authority to appear as a witness for the Commonwealth in a criminal case, in district, juvenile or superior courts, License and Police Commissions, and show cause hearings and civil cases arising out of such criminal cases shall be paid at a rate of time and one-half.  The unit member will be paid a minimum of four (4) hours at the time and one-half rate.

Section 5.  Shift Differential

            A.        Unit members rendering service on a second shift, as hereinafter defined, shall receive a shift differential of 50 cents per hour for each full hour worked.  Unit members rendering service on a third shift, as hereinafter defined, shall receive a shift differential of one dollar per hour for each full hour worked.  Unit members rendering service on weekend shifts, as hereinafter defined, shall receive a shift differential of one dollar per hour for each full hour worked.  

            B.         For the purpose of this section only, a second shift shall be one that commences at 1:00 p.m. or after and ends no later than 2:00 a.m.; a third shift shall be one that commences at 9:00 p.m. or after and ends no later than 9:00 a.m.; weekend shifts shall be ones that commence at 3:30 p.m. on Friday, or after, and end not later than 7:30 a.m. on Monday.

            C.        The above hourly shift differentials shall be paid in addition to regular salary for eligible employees when their entire workday is on a second, third or weekend shift.  Eligible employees who are required to work a second, third or weekend shift, or any portion thereof, on an overtime basis, replacing a worker who normally works such second, third or weekend shift, will receive an hourly shift differential pursuant to Paragraph A of this section.

            D.        For employees who are required to work a second, third or weekend shift as governed by Paragraph C of this Section, overtime shall be compensated at the rate of time and one-half of the regular salary rate and the shift differential for the number of hours in excess of forty (40) hours per week worked on such second, third or weekend shift.

E.      An employee who attends mandatory in-service training on a shift in lieu of his/her regularly scheduled shift, which shift entitles him/her to be paid a shift differential, shall continue to receive the shift differential for the duration of the training.

Section 6.  Paid Details

            A.        Paid details are work assignments, beyond the regularly scheduled workweek of an employee, for which the primary or originating source of funding is from outside the University of Massachusetts.

            B.         Paid details shall be distributed to all employees fairly and equitably.  Details shall be voluntary and shall be posted and averaged on a continuing basis.  The Union and the Director of Security shall meet to establish detail distribution procedures.

            C.        Employees shall be paid a flat hourly rate to be determined by the Director of Security and the Union; but in no case shall such rate be less than $28.00 per hour.  Employees shall receive a minimum of four hours pay for each detail.

Section 7.  Roll Call Pay

            Notwithstanding the provisions for premium pay for overtime work contained in Section 2 of this Article, employees whose regular work day does not include an unpaid meal period may be required to attend daily roll call which shall commence fifteen (15) minutes before the start of their regular shift.  Overtime compensation shall be paid for roll call. 

An employee who is late for roll call or is absent for any part of his/her scheduled workday shall not receive roll call pay for that workday.
Article 9

Leave

Section 1.  Sick Leave

            (a)        Effective June 30, 1996, a full-time employee shall accumulate sick leave with pay credits at the rate of one work day for each full payroll month of employment for a total of 12 days per year.  An employee on any leave with pay or industrial accident leave shall accumulate sick leave credits.

            (b)        A regular part-time employee shall accumulate sick leave credits in the same proportion that his/her part-time service bears to full-time service.

            (c)        Sick leave shall be granted to an employee only under the following conditions:

                        1.         an employee cannot perform his/her duties because

                                    he or she is incapacitated by personal illness or injury;

                        2.         the spouse,  child, or parent of either an  employee or

his/her spouse, or a relative living in the immediate household  of an employee, is seriously ill; the employee may utilize sick leave credits up to a maximum of ten (10) days per calendar year; or

                        3.         through exposure to contagious disease, the presence of the employee at his/her work location would jeopardize the health of others.

            (d)        A full-time employee shall not accrue sick leave credits for any month in which he/she was on leave without pay or absent without pay for a total of more than one (1) day.

(e)                Where the appointing authority has reason to believe that sick leave is being abused, the appointing authority may require the submission of satisfactory medical evidence.  Failure to produce such evidence within seven (7) days of its request may result, at the discretion of the appointing authority, in denial of sick leave for the period of absence.

            (f)         The appointing authority may require that an employee, wishing to return to work after an absence of more than five (5) consecutive days because of illness or injury, be examined by a physician designated by the appointing authority and/or by a physician of the employee’s choosing.  If the appointing authority requires the employee to be examined by their designated physician, the appointing authority shall assume the cost of such examination.  The results of such examination(s) must attest to the fitness of such employee to return to his regularly assigned duties.

            (g)        Sick leave must be charged against unused sick leave credits in units of one-half (1/2) hour or full hours, but in no event may the sick leave credits used be less than the actual time off.

            (h)        Any employee having no sick leave credits, who is absent due to illness, may be placed, unless otherwise notified by the employee, on personal leave, or if no personal leave credits, then on vacation leave, and if no vacation leave credits, then on leave without pay.  Such leave shall be charged on the same basis as provided in Subsection (g).

            (i)         An employee who is reinstated or re-employed after an absence of less than three (3) years shall be credited with his/her sick leave credits at the termination of his/her prior employment.  An employee who is reinstated or re-employed after a period of three (3) years or more shall receive prior sick leave credits, if approved by the appointing authority, where such absence was caused by:

                        1.         Illness of said employee;

                        2.         Dismissal through no fault or delinquency attributable solely to said employee; or

                        3.         Injury while in the employment of the Employer in the line of duty, and for which said employee would be entitled to receive Workers’ Compensation benefits.

            (j)         A regular part-time employee shall not accrue sick leave credits for any month in which he/she was on leave without pay or absent without pay in the same proportion that his/her service bears to one (1) day of service of full-time employee.

            (k)        Notification of absences under this Article must be given to the designated representative of the appointing authority as early as possible, but at least one and a half (1^1/2) hours prior to the beginning of the scheduled tour of duty.  If such notification is not made, such absence may, at the discretion of the appointing authority, be applied to absence without pay.  In extraordinary circumstances beyond the control of the employee, the above notification period may be waived.

            (l)         No employee shall be entitled to leave under the provisions of this Article in excess of the accumulated sick leave credits due such employees.

            (m)       Employees whose service with the Employer is terminated shall not be entitled to any compensation in lieu of accumulated sick leave credits.  Employees who retire shall be paid twenty (20) percent of the value of their unused accrued sick leave at the time of their retirement.  It is understood that any such payment will not change the employee’s pension benefit.

            (n)        Sick leave credits earned  by an employee following a return to duty after a leave without pay or absence without pay shall not be applied to such period of time.

(o)               An employee who, while in the performance of his/her duty, receives bodily injuries resulting from acts of violence of patients or prisoners in his/her custody or who receives such injuries in the pursuit, apprehension or detention of suspects as reflected in official police reports and affirmed by the Director of Security, and as a result of such injury would be entitled to benefits under Chapter 152 of the General Laws, shall, if entitled under Chapter 30, Section 58 of the General Laws, be paid the difference between the weekly cash benefits to which he/she would be entitled under said Chapter 152 and his/her regular salary without such absence being charged against available sick leave credits, even if such absence may be for less than six (6) calendar days.

(p)                An employee who sustains a compensable injury, as determined by the Human Resources Division, Workers’ Compensation Section of the Commonwealth, shall receive, from the University, the difference between his/her regular base pay and the amount received through the Workers’ Compensation Section.  Absence caused by such compensable injury shall not be charged against available sick leave credits, even if such absence is for less than six (6) calendar days.

Should such injury be deemed not compensable by the Workers’ Compensation Section, the employee shall reimburse the University for  all compensation received from the first day, either by charges to accrued time or by payroll deduction as deemed appropriate by the University, or by a combination of both.

(q)               An employee may exercise the option, at the end of the fiscal year, to receive in cash a dollar amount equal to 50% of their annual unused sick leave credits up to a maximum of six (6) days based on the table below:

                                    Annual Sick Leave Used                                   Cash In Allowed

                                                            0                                                          6

1                                                                    5

2                                                                    4         

                                                            3                                                          3

            The decision to cash in sick days must be made by the employee by May 1 of the fiscal year.  Sick days cashed in shall be deducted from the employee’s sick leave balance.

Section 2.  Paid Personal Leave

            Effective July 1996, on the first payroll day of the new fiscal year, full-time employees will be credited annually with six (6) paid personal leave days which may be taken during the following twelve (12) months at a time or times requested by the employee and approved by his/her appointing authority.  Any paid personal leave not taken by any June 30 will be forfeited by the employee.  Personal leave days for regular part-time employees will be granted on a pro-rata basis.  Personal leave may be available in units of two hours and may be used in conjunction with vacation leave.

            Full-time employees hired on or after July 1 of any year shall be credited upon employment with paid personal leave days in accordance with the following schedule:

                        Date of Hire                                         Personal Leave Days Credited

                        July 1 - September 30                                      6

                        October 1 - December 1                                              4

                        January 1 - March 31                                       2

                        April 1 - June 30                                                          0

Section 3.  Bereavement Leave