And Police Officers Labor Council - Michigan State University

Transcription

EAsTERN MICHIGAN UNIVERSITYandPolice Officers Labor Council(Patrol Officers)IlchtgaO Statfl .!.in{lt GKNa JB.OJlSIRlIBvember19, 1996REl'OrATrO-r\fS' rlRRARVi

Agreement betweenEastern Michigan University andthe Eastern Michigan UniversityChapter of the Police Officers Labor CouncilNovember 19, 1996

TABLE OF XVIXVIIPAGEAGR EEMENTDEFINITIONSGENERAL PURPOSE AND INTENTRECOGNITIONNONDISCRIMINATIONAND FAIR EMPLOYMENTPRACTICESMANAGEMENTRIGHTS OF THE UNiVERSiTyASSOCIATIONSECURITyAssociation Membc;:rshipCh«:ckoffFailur«: to ComplySav«: HarmlessDisputesSTRIKES AND LOCKOUTSCOMM UN ICA TIONSSPECIAL CONFERENCESREPRESENTATIONAND RELEASE TIMEGRIEV ANCE PROCEDURESGeneral ProvisionsProcedureStcp IStep IIStep IIIStcp IV ArbitrationDISCIPLINE AND DISCHARGEGeneral ProvisionsInvestigation of EmployeesInfractionsNotice of DisciplineNotil:e of DischargeRepresentat ion RightsAppeal of DisciplineUsc of Past RccordPersonnel R«:cordJOB CLASS IFICATION SGeneral ProvisionsRcvised Jobs and Ncw JobsWORK HY NON-BARGAININGUNIT EMPLOYEESPERSON N EL EMENTALEMPLOYMENTAND CONFLICTOF 313131314141414141415J51516

XVIIIXIXXXXXIXXIIX X IIIXXIVXXVHOURS OF WORKWork ScheduleWork Shifts und Shift PremiumsShi f1 PreferenceCull-In PayOverti nleScheduling of OvertimeCompcnsu1ory Time Bank"rading TimePROBATIONARYEMPLOYEESSEN I()R ITYGeneral ProvisionsSuperseniority Status of AssociationPresident and Vice PresidentLoss of SeniorityLayoff and RecallRegu lar Job VacanciesCredit for Prior Temporary ServiceLEA VES OF ABSENCEPersonal LeaveMedical Leave of AbsenceReservist Duty LeaveAnnual Duty LeaveEmergency Duty LeaveAssociation Educational and Business LeaveFuneral LeaveSick LeaveFamily and Medical Leave ActEducational LeaveReturn to Active EmploymentVACATION AND HOLIDAYSVacationHolidaysCOM PENSA TIONWage-GeneralSalary Adjustments for Promotions and TmnfersWork as a Temporary SergeantI,ongevity PayGROUP BENEFITS AND INSURANCEGroup Medical BenefitsGroup Life and Accidental Death andDismemberment InsuranceDental Care BenefitsShort-Term Sickness and Accident BenefitsLnng- Term Disability BenefitsLiabi Iity InsuranceRETIREMENT AND DEATH 2727272828303334353536373738383839394243.44454646

XXVIXXVIIXXVIIIXXIXXXXXXXIRetirenlent BenetitsRetirement AgeRetirement ProgramsUni versity ContributionsPayment ot' Unused Sick Leave BenefitsLi fe InsuranceDeath 8enefitsPayment of Unused Sick Leave BenefitsPayment of Accrued Wages and UnusedVacation BenefitsUNIFORMS AND EQUIPMENTUNSCHEDULED CLOSEDOWNSHEALTH AND SAFETyM ISCELLAN EOUSBulletin BoardsEducational OpportunitiesTuition Waiver ProgramTuition Waiver Program for EmployeeSpouses and Dependent ChildrenAuditing of ClassesAssociation MeetingsVehicle InspectionDepartmental Rules and RegulationsFirearms QualiticationSCOPE OF AGREEMENTDURATION AND AMENDMENTEffccti ve DateAPPENDIX A-SALARY SCHEDULEAPPENDIX 8-MEMORANDUM OFUN DERS1'AN DINGPurchasing of New Patml VehiclesAPPENDIX C-ROTATIONAL SCHEDULINGOF 353545555575M51)

ARTICLE IAGREEMENTThis Agreement is cntcred into hy and hctwccn Eastcrn Michigan University andthe Eastern Michigan University Police Officers Labor Coum::il.ARTICLE IIDEFINITIONS2A. The Term UNIVERSITY when used in this Agreement shall refer to EasternMichigan University, Ypsilanti, Michigan, a state institution of higher education, and its agents.1B. The term ASSOCIATION when used in this Agreement shall refer to theEastern Michigan University Police Officers Labor Council, and its agents.4C. The term BARGAINING UNIT when used in this Agreement shall refer to allemployees collectively covered by the terms of ARTICLE IV, Recognition.5D. The term EMPLOYEE when used in this Agreemcnt shall refer to a personemployed hy the University in the Bargaining unit as defined in ARTICLE IV,Recognition.6E. The term FULL-TIME EMPLOYEE when used in this Agreement shall referto an employee that is regularly scheduled to work eighty (80) hours, bi-weckly,and whose appointment is not of a temporary nature.7F. The term PART-TIME EMPLOYEE when used in this Agreement shall referto an employee that is regularly scheduled to work less than eighty (80) hours,bi-weekly, and whose appointment is not of a temporary nature.8G. The terms, DIRECTOR, CAMPUS POLICE; DIRECTOR OF EMPLOYEERELATIONS; and DIRECTOR, PERSONNEL SERVICES; when used in thisAgreement shall be construed to also include their designated representatives.9H. The term ASSOCIATION REPRESENTATIVE when used in this Agreementshall be construed to also include his designated representatives.10J.Pronouns of masculine or feminine gender shall include each other.ARTICLE IIIIIGENERAL PURPOSE AND INTENTThe general purpose of this Agreement is to set forth terms and conditions ofemploymcnt and to promote orderly and peaceful relations for the mutual interestof the University and the Association.The University and the Associationencourage, to the fullest degree, fricndly and cooperative relations between theirrespective representatives.

ARTICLE IVRECOGNITION12Pursuant to and in accordance with Sections 26 and 27 of Act No. 176 of the PublicActs of 1939, as amendl:d, or Sections II and 12 of Act No. 336 of the Public Actsof 1947, as amended, the University recognizes the Association as the exclusiverepresentative for the purpose of collective bargaining with respect to rates of pay,hours of work, and other conditions of employment for all employees within thefollowing bargaining unit as cenified by Case No. R79 0-362 of the State ofMichigan, Depanment of Labor, Employment Relations Commission.13Induded: All regular full-time and regular pan-time employees holding the classification of Ofticer, Campus Police, and Detective, Campus Police, employed byEastern Michigan University at its Ypsilanti, Michigan, installation.14 Exduded: All executive and administrative officers; student employees; temporaryemployees; supervisors; confidential employees; all employees holding the classification of Director, Campus Police; Lieutenant, Campus Police; Sergeant, CampusPolice; Student Ofticers; and all other employees of the University not hereinaboveexpressly included in the bargaining unit as above defined.ARTICLE15VNONDISCRIMINATIONAND FAIREMPLOYMENT PRACTICESA. The University ,and the Association recognize their respective responsibilitiesunder Federal, State, and local laws relating to fair employment practices andhereby agree that in accordance with such responsibilities neither pany shalldiscriminate against any employee or applicant for employment on the basis ofrace, sex, marital status, age, color, religion, or national origin.ARTICLEVIMANAGEMENTUNIVERSITYRIGHTS OJ.' THE16 A. The University hereby retains and reserves unto itself, without limitation, allpowers, rights, authority, duties, and responsibilities conferred upon and vestedin it hy the laws and Constitution of the State of Michigan .lIld of the UnitedStlltes. I'"unher, all rights whil'h ordinarily vest in .lIld arc exercised byemployers ,Ire reserved to and remain vested in the University including, butwithout limiting the generality of the foregoing, the right to:17I.The executive management and administrative cuntrul of its operation;IH2.manage its lIffairs efliciently and economically, including the right 10dcterminc the quantity and quality of services to be rendered, all math:rspertaining 10 the source, purchase and control of materials, supplies, Iools2

and equipment to he used, and whether to continueservices, material or method of operation;or discontinueany193.subcontract or purchase any or all work, processesnew facilities or improve existing facilities;or services, construct204.determinccies;and educational2I5.determine the number and placement or relocation of its operationalfacilities, including the establishment or relocation of huildings, departments, divisions or subdivisions thereof, and the relocation or closing ofoffices, departments, divisions or subdivisions, buildings, or other facilities;226.manage and direct the work force, including the right to assign work,dctcrmine the number of employees assigned to operations, and assign,schedule, hire, promote, demote, transfer, and layoff employees;237.establish, modify, comhine, or discontinue job classifications,establish wage rates for any ne;:wor changed classifications;248.estahlish, modify, or change any lunch periods, rest periods and cleanuptimes, starting and quitting times, and the hours of work;259.introduce new equipment, methods, machinery or processes, change oreliminate existing equipment or institute technological changes;2610. estahlish,of work;27II. adopt, revise, eliminate and enforce any work rules, regulations, policies,practices or requirements, and carry out cost and general improvementprograms;2H12. determine2913. permit University employees not included in the bargaining unit to performbargaining unit work when in the opinion of management it is necessary todo so;3014. discipline the work force, including the right to warn, reprimand, suspend,all management,modify, or change any work schedules,poli-and tobusiness hours, or daysthe size of the work force and increase or decrease its size;and discharge employees31financial, employment,for just cause;15. select employees for promotion or transfer to supervisory or other positionsand to detennine the qualificationsand competency of employees toperform av.tilahlc work, including physical qualifications and conditions;

323316. determine the size of the management organizations, its functions, authority, amount of supervision, and table of organization.B. The excrcise of the foregoing and all other powers, rights, authority, duties, andresponsibilities by the University, the adoption of policies, rules, regulations,and practices in furtherance thcreof, and the use of judgement and discretion inconnection therewith, shall be limited only by the specitic and express terms ufthis Agreement and then only to the extent such specific and express termsthereof an: in confurmance with the Constitution and laws of the State ofMichigan and the Constitution and laws of the United States.ARTICLE VIIA.ASSOCIATION SECURITYASSOCIATION MEMBERSHIP34I.As a condition of employment, all present employees covered by thisAgreement and employees hired, rehired, reinstated, or transferred into thebargaining unit shall tender the initiation fee and become members of theAssociation or shall pay service fees in an amount equal to dues uniformlyrequin:d for membership in the Association, less any amount which maypresently or in the future be expended by the Association from membershipdues for political purposes or any other purposes not directly rdated to thecost of negotiation and administration of the labor agreement on or beforethirty-one (31) calendar days after the effecti ve date of this Agreement ortheir date of employment, or transfer into the bargaining unit, whichever islater; and shall continue such membership or pay such service fees as acondition of continued employment.352.Empluyees shall be deemed to be in compliance within the mcaning of thissection if they arc not more than sixty (60) days in arrears in paymcnt uf suchmembership dues or services fees.H. CHECKOFF3bI.During the life of this Agn:cmcnt and in accordance with the terms of theUniversity's Deductiun Authorization Furm and to the extent the laws ofthe state of Michigan permit, the University agrccs to dcdlll:tthe Assudationlllclllhcrship ducs Icvicd in accordance with the Assodation's Constitution, or a service fee in an amount as hereinabove provided, from the payuf e.tl.:hemployec who, as of the fifteenth ( 15) day of the month prccedingthe munth in which a dedlll:tion is to be lIIadc, has a currently executedAuthurillltion Form on file with the University. The Association's Financi.a1Oflicer shall submit to the University's Payroll and Employee Rdatiuns Office wrillen l'crtitic.ltion of the amount of dues or scrvice fees to bededucted pursuant tu the provisiuns of this Al1icle.4

372.Employees may have monthly membership dues or service fees deductedfrom their earnings hy signing the Authorization Form or they may pay duesor fees directly to the Association.3M3.A properly executed copy of such Authorization Form is required for eachemployee for whom the Association memhership dues or service fees areto be deducted hereunder. Deductions shall be made only under theAuthorization Forms which have been properly executed and are in effect.Any Authorization Form which is incomplete or in error will be returned tothe Association' s Financial Officer by the University.394.Checkoff deductions under all properly executed Authoril.ation Formsshall become effective at the time the application is tcndered to theUniversity and, ifreceived on or before the fifteenth ( 15th) day of the monthpreceding the month in which a deduction is to be made, shall bc deductedfromthc first ( Ist) pay of such month, and monthly thereafter.405.In cases where a deduction is made that duplicates a payment that anemployee already has made to the Association or where a deduction is notin conformity with the provisions of this Agreement, refunds to theemployee will be made by the Association.416.All sums deducted by the University shall be remilled to the Association'sFinancial Officer once each month within ten (10) calendar days followingthe payday in which deductions were made together with a list whichidentifies: a) current employees for whom membership dues or service feeshave been deducted; b) the amount deducted from the pay of each employee; and, c) the names of any employees who have terminated theirCheckoff Authorization during the previous month. Employees mayterminate such Checkoff only in accordance with the terms and conditionsset forth in the University's Deduction Authorization Form.427.The University shall not be liable to the Association by reason of therequirement of this Agreement for the remill mce or payment of any sumother than that constituting actual deductions made from wages earned hyemployees.C.4344FAILURE TO COMPLYI.An employee in the hargaining unit who is more than sixty (60) days inarrears in payment to the Association of either periodic and uniformlyrequired membership dues or, in the alternative, service fees in an amountas hereinahove set forth, shall be terminated by the University, provided thefollowing stipulations are adhered to:a. The Association shall notify the employee in writing through personalservice or certified mail that he is delinquent in not tendering required5

m mbership dues or service fees. Such notice shall also specify thecurrent amount of the delinquency, the period of delinquency, and warnthe cmployee that unless delinquent dues or service fees arc tenderedwithin thirty (30) calendar days of receipt thereof, the employee shall bereported to the University for termination as provided for in this Article.45b. The Association shall give a copy of the letter sent to the employee andthe following written notice to the Director of Employee Relations at theend of the thirty (30) day period set forth in Section (a) above:46The Association certities that (Name) has failed to tender either the riudic and uniformly required membership dues or service feesrequiroo as a condition of continued employment under the CollectiveBargaining Agreement and demands that under the terms of this Agreementthe University terminate this employee.472.Within ten (10) calendar days of receipt of such notice, the Director ofEmployee Relations shall communicate the Association's request fortermination to the employee and advise such employee that he must pay allback dues or service fees owed the Association within ten (10) calendardays of n:ceipt of such communication from the University (unless othcrwise extended by the Association and the University) or he/she shall beterminated.D. SAVE HARMLESS4 The Association shall protect and save harmless the University from any and allclaims, demands, costs, suits, reasonable counsel fees, and other forms of liabilityby reason of m:tiun taken or not taken by the University for the purpose of complyingwith this Article.E.49DISPUTESAny dispute arising out uf the application of this Article shall be suhject to theGrievance Procedun.:, conunencing at Step Ill.ARTICLEVIIISTRIKES AND LOCKOUTS50A. It is agreed on the part of the University that it shall not lock out employeesduring the term of this Agreement.51B. On the part of the Association it is agreed that under no circumstances shall theAssucilltion, its officials, agents, employees or its members directly or indirel,tly cause, instigate, support, encourage, or condone, nor shllll any employeedirectly or indirectly take part in any action against ur any interference with theoperations of the University by striking or cngllging in any form of workslOppage, sit-down, stay-in, slow-down, or curtailment of work at any locatiunwhahoevcr during the term of this Agreement.6

52C. In the event of any of the aforestated actions or interference, the Universityagrees that it shall not cause the Association, its officials, or agents, to be liahlefor damage or loss to the University or its property, unless they are personallyresponsihle for such damage or loss, provided the Association upon request ofthe University, and without any delay, complies fully with the following:5JI.The Association shall take whatever affirmative action is necessary toprevent and bring about the termination of such action or interference whichshall include the immediate disavowal and rcfusalto recognize any suchaction or interference;542.the Association shall immediately instruct any and all employees to ceasetheir misconduct and shall inform them that their misconduct is a violationof the Agreement subjecting them to disciplinary action, including discharge; and,553.the Association shall advise all such employees that it has not authorized thestrike, slow-down, or suspension of work and docs not approve or condoneit and shall instruct the employees to immediately return to their respectivejobs and submit any grievances they may have to the Grievance Procedureprovided for in thc Collective Bargaining Agreement.56D. Nothing herein shall preclude the University from seeking legal or other redressof any individual who has caused damage or loss to the University or its propertyor from taking disciplinary action, including discharge, against any employec.Further, any disciplinary action taken by the University shall not be reviewahlethrough the Grievance Procedure, except for the question of fact as to whetherthe employee took part in any such action or intcrference, in which case agricvance may be filed at Step III of the Grievancc Procedurc within three (3)working days of thc cmployec's discipline or discharge.ARTICLE IXCOMMUNICATIONS57A. The Association shall provide the University with a list of Association officers,representatives, and alternative representatives. The University shall he notified of any subsequent changes.58B. Employees shall be responsihlc for providing thc University's Campus Policeand Personnel Services Offices with changes in their addresses or telephonenumbers within three (3) working days of such changes hecoming effective.Working days as used herein shall mean the employee's working days.59C. The University shall supply each employee with a copy of this Agreement. TheUniversity will provide such copies of the Agreement within sixty (60) calendardays of its rutification by both parties.7

60D. The University will, through its Employee Relations Office, keep the Association advised in writing as to its representatives.61E. The Association shall be furnished information concerning the date of employment, rate of pay and classitication of new employees, effective dates oftransfers and terminations, and beginning and ending dates of leaves of absenceon a monthly basis.62F. The University shall furnish the Association a list of employees in the bargaining unit showing their seniority date, classification and salary rate. Revised listsshall be provided to the Association every six (6) months.ARTICLE63XSPECIAL CONFERENCESSpecial Conferences may be held at the request of the Association or the Universityfor the purpose of considering matters of mutual interest other than grievances underconsideration in the Grievance Procedure, provided mutually acceptable arrangements as to time and place can be made. All such conferences shall be arrangedthrough the Association Representative and the DirectorofEmployee Relations andshall normally be scheduled to begin during regular University office hours. It isunderstood that any matters discussed or any action taken pursuant to suchconferences shall in no way change or alter any of the provisions of the CollectiveBargaining Agreement or the rights of either the University or the Association underthe terms of this Agreement.ARTICLE XIREPRESENTATION AND RELEASETIME64A. The University shall recognize the Association Rcpresentative for the purposcof proccssing grievances on behalf of Bargaining Unil employees.65B. If an emploYl'e requests the presence of the Association Represenlati ve at " StepI meeting. the Associalion Represenwtive m"y, with the permission of hisimmediate supcrvisor and without loss of regular payor time, investigatc thegricvance. L1iscussthe grievance with the employcc's supervisur, and allenLisubsclluent Step II and Step III grievance hearings as provideLi for in theGrievance Procedure. The Association Representative shall perform his/herregularly assigned work at all times, except when necessary to leave work "sherein provideLi.66C. The privilege of lhe Association Representative leaving work L1uringworkinghours, as proviLieLiin paragraph B above, is subjet:lto the unLierstanLiingthai anytime off so allowed will be L1evoteLitothe prompt hanLiling of grievances anLiwill not be ahused. The University retains the right to initiate pnx.:edures fur thcproper accounting of release time as granteLi pursuant to the terms of lhisprovision.

ARTICLE XIIA. GENERALGRIEVANCEPROCEDUREPROVISIONS()7I.Grievances within the meaning of this grievance procedure and arhitrationclause shall consist only of disputes arising under and during the life of thisAgreement and which pertain to the alleged violation of the Agreement'sexpress written terms and conditions.682.Written grievances as required herein shall contain the following:69a. It shall he signed hy the grievant(s) and. where appropriate. the Association Representative;70b. it shall contain a synopsis of the facts giving rise to the alleged violation.including its datc of occurrence;71c. it shall cite the specific clause(s) of the Agreement allcged to have beenviolated;72d. it shall specify the relief requested.733.Any written grievance not in accordance with the above requirements maybe rejected as improper. Such a rejection shall not extend the time limitations hereinafter set forth.744.No matter shall be subject to the Grievance Procedure unless it is presentedin writing by the Association within ten (10) working days of the date theemployee or the Association became aware, or reasonably should havebecome aware. of thc action complained of. If no grievance is presented inthat time the grievance is barred.755.If the Association fails to appeal a Step I, Step II. or Step III answer. inwriting, within the time provided in the Grievance Procedure, or anymutually agreed extension of such time, the University's Step I, II. or IIIanswer shall be considered final.766.If the University fails to answer the grievance, in writing, within the timeprovided in the Grievance Procedure, or any mutually agreed extension ofsuch time. the grievance shall be advanced to the next step of the GrievanceProcedures.777.If a grievance involves more than one (I) employee or the Association orUniversity believe the processing of a grievance through Step I.md II of theGrievance Procedure to be clearly inappropriate, either party may submita request to the other party to process the grievance commencing at Step IIIof the Grievance Procedure and. by mutual agreement, the grievance maybe so processed.9

7HH. No employee or group of employees, other than the Association, shall havethe right to initiate an arbitration proceeding hereunder.799. oThe resolution of a grievance at Step I or II shall not add to, subtract from,or modify the terms of this Agreement unless done so in writing andapproved by the Director of Employee Relations and the AssociatiunRepresentative. Any agreement reached between the University and theAssociation shall be binding on the Association, the University, andaffected employees.10. For purposes of computing workdays pursuant to this Artide, Saturdays,Sundays, and holidays shall be excluded.B.PROCEDUREHII.An employee with a grievance shall tirst discuss and try to resolve themailer informally with the University's Step I Representative. lfthe maileris not thereby resolved, the employee may request that the AssociationRepresentative be sent for to further discuss the mailer. This meetingbetween the employee, the Association Representative, and the UniversityStep I Representative shall occur within a reasonable period of time. If themalter n:mains unresolved after such meeting, the Association may, withinten (10) working days of the occurrence that gave rise to the grievance,reduce the grievance to writing on forms provided by the University andsubmit it to the University's Step I Representative. 22.Within live (5) workdays after receipt of the wrilten grievance, theUniwrsity's Step I Representative shall give the employee a written answerto the grievance with a copy to the Association Representative.H3I.If the grievance is not resolved, the Assm:iation Representative lIIay. withinlive (5) workdays after receipt of the Step 1 answer, appeal the griev.lIlce,in writing, to the University's Step II Representative.H42.Within live (5) workdays after receipt of the St&:pII appeal, the University'sStep II Represcntative shall arrange a IIIcetillg with the aggrieved Clllployce. the Assuciation Representative alld, at the option of the Association. a represent.ltive ufthe Police Oflicers Labor Council, the University'sStep 1Representative and, at the optiun of the Uniwrsity. a representativeof the Employee Relations Oflice, to discuss the grievance.H53.Within ten (10) workdays after the Step II meeting. the University's StepII Representative stlilll give the Association Representative a writh:nanswer to the grievam:e.lO

STEP III86I.If the grievance is not resolved, the Association Representative may. withinfive (5) workdays after receipt of the Step II answer, appeal the grievance,in writing. to the Director of Employee Relations.872.Within ten (10) workdays after receipt of the Step III appeal. the Directorof Employee Relations shall arrange a meeting to discuss the grievance witha representative of the Police Officers Labor Council, the AssociationRepresentative and the University's Step I and II Representative.3.Within fifteen (15) workdays after the Step III meeting, the Director ofEmployee Relations shall give the Association Representative a writtenanswer to the grievance with a copy to the representative of the PoliceOfficers Labor Council.88STEP IV ARBITRATION8990I.2.If the grievance remains unresolved after Step III, the Police Officers LaborCouncil may submit the grievance to Arbitration by filing a Demand forArbitration, in writing, with the University's Director of Employee Relations no later than ten (10) workdays after receipt of the Step III answer.Attached to the Association's Demand for Arbitration shall be: a) astatement identifying the grievance, the provision(s) of the Agreementalleged to have been violated, and the issue(s) to be arbitrated; and b) a listof five (5) neutral persons, currently recognized and serving on the panelof labor-management arbitmtors of the Federal Mediation and ConciliationService and/or the American Arbitration Association, not less than two (2)of which must also be members of the National Academy of Arbitrators.Within five (5) workdays after receipt of the Association's Demand forArbitration, the Director of Employee Relations and a representative of thePolice Officers Labor Council, shall confer for the purpose of selecting aneutral person to arbitrate the dispute. If the parties are unable to agree uponthe selection of a neutral person, the Association may file a Demand forArbitration with the American Arbitration Association. The Demand forArbitration to the American Arbitration Association shall be written, withconcurrent notification thereof to the University's Director of EmployeeRelations, and must be submitted no later than twenty (20) workdays afterreceipt of the University's Step III answer. Notification to the Director ofEmployee Rclutions shall be subject to the same time limitations for tilingwith the American Arbitration Association. If a Demand for Arbitmtion isnot filed with the University's Director of Employee Relations .md theAmerican Arbitmtion Association within the time limits set forth above,and any mutually agreed extension of such time, the grievance is barred.Except as might otherwise be agreed in writing between the parties. thegrievance will be arbitrated under the Voluntary Labor Arbitmtion Rules ofthe American Arbitration Association.11

913.The Arbitrator shall have no power to add to, subtract from or modify anyof the terms of this Agreement, nor shall he substitute his discrt:tiun for thatof the University or the Association, nor shall he exercise any respunsibilityor function of the University or the Association.924.In the event of Arbi

20 4. determinc all management, financial, employment, and educational poli-cies; 2I 5. determine the number and placement or relocation of its operational facilities, including the establishment or relocation of huildings, depart-ments, divisions or subdivisions thereof, and the relocation or closing of