Transcription
Collective Bargaining AgreementbetweenThe Regents of theUniversity of MichiganandPolice Officers Associationof MichiganRepresenting theUniversity of MichiganLaw Enforcement AssociationExecuted April 11, 2018Expires December 16, 2021
52627282930SubjectPageRecognition and DefinitionsManagement RightsNo Strike or Stoppage of Work ce ProcedureArbitrationSpecial ConferencesWork SchedulesOvertimeCall Back PayOn-Call PayShift PremiumUnion SecurityDues or Service Charge Check OffLeaves of AbsenceBulletin BoardsEmergency Closure and EmergencyOperations ReductionJob Related TrainingSafetyJury and Witness ServiceFuneral Leave PayVacationSeniorityPromotion and TransferLayoff and Recall ProceduresBenefitsTuition Refund ProgramEmployee InformationEmployee and Address 697073797980
se & IndemnificationSickness and Injury PaySeason Days/HolidaysUniform Allowance PaymentBargaining Unit WorkTerm of Agreement818383929698100Appendix A - Wage SchedulesAppendix A Addendum-Wage Schedule DWage Schedule AWage Schedule BWage Schedule CWage Schedule D101102103103104104Memorandums105ii
1The Regents of the University of Michigan, hereinafter calledthe “University” or the “Employer,” and Police OfficersAssociation of Michigan, representing the University ofMichigan, Law Enforcement Association (hereinafter calledthe “Union” or “POAM”), enter into the following collectivebargaining agreement, effective December 17, 2017, andexecuted on April 11, 2018. This collective bargainingagreement is fully bargained and settles and contains allmatters with respect to wages, benefits, hours and otherterms and conditions of employment for the term of theagreement.ARTICLE 1RECOGNITION AND DEFINITIONSSECTION A. DESCRIPTION OF UNIT1-1Pursuant to and in conformity with the Certification issued bythe Michigan Labor Mediation Board on December 19, 2001,in case No. R01 G-083, the University recognizes the unionas the sole and exclusive representative for the purpose ofcollective bargaining in respect to wages, hours and all otherconditions of employment for all employees in the followingdescribed bargaining unit:1-2All regular full-time and regular part-time police officers,security officers,communicationsofficers,parkingenforcement officers and guards at all locations and facilitiesof the University of Michigan, excluding temporaryemployees, student employees, supervisors, clericalemployees and all other employees.SECTION B. DEFINITIONS1-3The terms “employee” and “employees” as used in thisAgreement (except where the Agreement clearly indicatesotherwise) shall mean only an employee or employees withinthe bargaining unit described in Section A.1-4In the event a “temporary employee” is hired as a “regular”employee, they will be expected to meet all pre-employmentstandards.1
1-5The term “full-time employee” shall mean an employeewhose normal schedule of work is forty (40) hours percalendar week.1-6The term “part-time employee” shall mean any employeewhose normal schedule of work is less than forty (40) hoursper calendar week.1-7To meet short-term or sporadic staffing needs (i.e. thoseanticipated to last less than 12 months), units may employstaff on a temporary basis. Temporary appointments are notintended to meet ongoing staffing needs, which should beaddressed using the Regular appointment process.Temporary appointments will vary in their duration and maybe ended at any time, for any reason.1-8A non-student temporary employee is an employee whoseemployment is:1. in a specific position not limited in duration but issporadic or casual (normally 8 hours or less per week),or2. fixed at the time of employment for:a. a specific project, orb. relief for regular employee absences includingvacations or termination, orc. augmenting regular staff occasioned by increasedworkloads or other conditions that may create ashort term need.1-9Temporary employment may be either part time or full time,but in either case, appointment in a specific position is not toexceed 12 months.1-10A temporary appointment may not be made for the purposeof a trial period for an individual being considered for aregular appointment or as a “probationary period” precedingregular employment.1-11The employing unit is responsible for monitoring the durationand nature of non-student temporary employment to assurecorrect employment status. If a non-student temporary2
employee has performed the same duties in the samedepartment in excess of 12 months and their employmenthas not been casual or sporadic, the employing unit shouldcontact the appropriate Human Resource Office in order todetermine the individual’s proper employment status.1-12It is understood that such an individual’s status as a “studentemployee” will not be affected, though not enrolled, whenworking on a full-time basis during the following periods:1. between consecutive terms;2. during the Spring-Summer term (May-August)ARTICLE 2MANAGEMENT RIGHTS2-1All management rights and functions, except those which areclearly and expressly abridged by this Agreement, shallremain vested exclusively in the University. It is expresslyrecognized, merely by way of illustration and not by way oflimitation, that such rights and functions include, but are notlimited to (1) full and exclusive control of the management ofthe University, the supervision of all operations, themethods, processes, means and personnel by which anyand all work will be performed, the right to contract forservices, the control of property and the composition,assignment, direction, and determination of the size and typeof its working forces; (2) the right to determine the work to bedone and the standards to be met by employees covered bythis Agreement; (3) the right to change or introduce newoperations, methods, processes, means or facilities, and theright to determine whether and to what extent work shall beperformed by employees; (4) the right to hire, establish andchange work schedules, set hours of work, establish,eliminate or change classifications, assign, transfer,promote, demote, release and lay off employees; (5) theright to determine the qualifications of employees, and tosuspend, discipline and discharge employees for just causeand otherwise to maintain an orderly, effective and efficientoperation.3
ARTICLE 3NO-STRIKE OR STOPPAGE OF WORK GUARANTEE3-1Under no circumstances shall the Union, its officials,affiliates, or its members prohibit or restrict the right of anyperson to unlimited ingress and egress of Universitypremises, nor shall any employee or employees cause ortake part in any strike, work stoppage, sit down, slow down,curtailment of work, restriction of production, or any picketingor similar demonstration at any location on the Universitypremises during the term of this Agreement. This shall notbe construed as limiting individual participation in an activitythat is unrelated to the employment relationship under thisAgreement.3-2In the event of any such action or interference and on noticefrom the University, the Union without any delay shall takewhatever action is necessary and is within its authority andpower to prevent and bring about the termination of suchaction or interference.Such action shall include theimmediate disavowal and refusal to recognize any suchaction or interference, and the Union immediately shallinstruct any and all employees to cease their misconductand inform them that their misconduct is a violation of theAgreement subjecting them to disciplinary action, includingdischarge.3-3In addition, the Local Union and/or POAM UMLEA shall,within twenty-four (24) hours of notice to the Union by theUniversity of any such action or interference, deliver thefollowing notice to the University:3-4“To all employees of the University represented by the PoliceOfficers Association of Michigan, University of Michigan LawEnforcement Association:3-5“You are advised that the action against and interferencewith the operations of the University of Michigan which tookplace (date) is unauthorized by the POAM UMLEA and inviolation of the collective bargaining Agreement. You aredirected to cease this action and interference immediately.”4
3-6An authorized official of the Local Union and/or POAMUMLEA shall sign the notice.3-7In the event that an employee or employees shall refuse tocease such action or interference, the University agrees thatit will not file or prosecute any action against the Union, itsofficials, or representatives of the Union, for damages arisingout of such action or interference, if its officials andrepresentatives perform their obligations as set forth in thisArticle.3-8Nothing herein shall preclude the University from seekinglegal or other redress of any individual who has causeddamage to or loss of University property or from takingdisciplinary action, including discharge, against anyemployee.3-9In the event of any such action or interference, the Universitymay suspend all benefits under this Agreement with respectto any employee taking part in the action or interference.ARTICLE 4WAIVER4-1The University and the Union acknowledge that during thenegotiations which resulted in this Agreement each had theunlimited right and opportunity to make demands andproposals with respect to any subject or matter not removedby law from the area of collective bargaining, and that theunderstandings and agreement arrived at by the parties afterthe exercise of that right and opportunity are set forth in thisAgreement. Therefore, the University and the Union for thelife of this Agreement each voluntarily and unqualifiedlywaives the right, and agrees the other shall not be obliged,to bargain collectively with respect to any subject or matterreferred to or covered in this Agreement, or with respect toany subject or matter not specifically referred to or coveredin the Agreement even though such subject or matter maynot have been within the knowledge or contemplation ofeither or both parties at the time that they negotiated orsigned this Agreement.5
ARTICLE 5NON-DISCRIMINATIONSECTION A.5-1Neither the Union, its officials, its employees, its affiliates,nor its members shall discriminate against, intimidate,harass, coerce, or interfere with any University employee,whether represented by the Union or not, with respect to theemployee’s work, or with respect to Union activities, ormembership or the right to refrain from engaging in anyUnion activities or membership.SECTION B.5-2The University shall not discriminate against, restrain,intimidate, harass, or coerce any employee with respect to orbecause of the employee’s membership or lawful Unionactivity.SECTION C.5-3The Union and the University agree that The University ofMichigan, as an equal opportunity/affirmative actionemployer, complies with all applicable federal and state lawsregarding nondiscrimination and affirmative action. TheUniversity of Michigan is committed to a policy of equalopportunity for all persons and does not discriminate on thebasis of race, color, national origin, age, marital status, sex,sexual orientation, gender identity, gender expression,disability, religion, height, weight, or veteran status inemployment, educational programs and activities, andadmissions.5-4Nothing in this Section shall be construed to prevent titutional or statutory rights which may be available. Inthe event, however, that an employee or a group ofemployees selects to file a complaint alleging unlawfuldiscrimination with an external agency or courts, thearbitration procedures set forth in Article 8 will not be or willno longer be available.6
ARTICLE 6DISCIPLINESECTION A.6-1The University shall not discharge or take other disciplinaryaction without just cause. By way of illustration, but not byway of limitation, just cause includes any act or omissionwhich interferes with or affects in any way the orderly andefficient administration or operation of the University, anyviolation of a rule, or regulation, or requirement, whether ornot written, which is known, or which reason indicates shouldhave been known, by an employee, and off-duty behaviorwhich adversely affects the University as a public employeror educational institution, provided, however, any new rule,regulation or requirement shall not be contrary to the termsof this Agreement. While not necessarily misconduct,unsatisfactory performance or inability to meet regularattendance requirements shall be cause for action up to andincluding discharge.6-2Following the determination of just cause such disciplinaryaction shall not be arbitrary nor shall it be clearly excessivein relation to the alleged offense. In taking disciplinaryaction, the University shall not take into account any priorincidents which occurred more than two (2) years previously.6-3When the University wishes to conduct an investigatoryinterview with an employee, the employee will be providednotice and informed of the purpose of the interview and if theemployee reasonably believes that discipline could result,the employee may request the presence of a POAMUMLEA representative or a steward or chief steward. TheUniversity will call for such a representative and not proceedwith the interview until one is available. Understanding theobligation to maintain the confidentiality of the interview, andwith advance notice, either party may tape the interviewsession. Further, to protect the confidentiality of informationregarding patients, students, etc., the tapes will not bereleased to anyone outside of the department and Union. Ifthere is ever a dispute regarding the content of the tapes,the University’s tape will prevail. Note: Routine questions7
from the supervisor regarding work performance do notconstitute an investigatory interview.6-4It is understood, however, that the parties’ inability toproceed with the interview does not preclude the Universityfrom providing notice of disciplinary action or ordering theemployee to leave work.At the conclusion of aninvestigatory interview, the union representative may askquestions for clarification or offer relevant information. It isunderstood that the Grievance Procedure is the appropriateprocedure to review the merits of any disciplinary actiontaken. At the conclusion of an investigation or any otherproceeding, upon request and as permitted by law, theUnion will be provided with copies of information, includingwritten or oral statements, video or audio tapes, whichreasonably relates to the union's ability to administer thecollective bargaining agreement and represent bargainingunit employees with respect to the material terms andconditions of their employment.SECTION B.6-5When the University intends to order an employee to leavework for disciplinary reasons, the employee’s steward shallbe notified by the University, and without loss of time or pay,be afforded the opportunity to be present and hear thereasons, and thereafter be afforded the opportunity toconsult with the employee for a reasonable period of time ata place provided by the University before the employeeleaves the premises. If, however, the immediate removal ofthe employee from University premises is necessary or if theemployee is not otherwise available, such opportunity to bepresent and thereafter consult need not be afforded. In theevent immediate removal is necessary, the University, withinthe shift or the following work day of the POAM UMLEAoffice, shall notify a POAM UMLEA representative of theincident. If the steward is not present before the employeeleaves work, the steward shall hear the disciplinary reasonsupon arrival. It is understood that this Section does notprevent the suspension of the employee or notice to theemployee of the disciplinary action taken before the arrival ofthe steward or notice to the employee that the steward hasbeen called. It is also understood that the steward is presentas an observer only and that the grievance procedure is the8
appropriate procedure to review the merits of the disciplinaryaction taken.SECTION C.6-6The University shall notify a POAM UMLEA representativeprior to discharging an employee. Thereafter, and prior tofinal decision by the University, POAM UMLEA shall havethe opportunity to review the case with the Universitythrough a disciplinary review conference, provided suchreview is requested by POAM UMLEA or a steward or chiefsteward within five (5) calendar days after notification by theUniversity of such proposed action.During such adisciplinary review conference, the University will summarizethe facts. Thereafter, the employee and POAM UMLEA willhave the opportunity to respond with facts and arguments.Both the University and POAM UMLEA will provide the otherwith relevant documents, statements from witnesses,affidavits and video or audio tape, if any, that may have abearing on the matter and are available at the time of theconference.SECTION D.Administrative Leave6-7An Administrative Leave is not disciplinary in nature, butafter investigation, an Administrative Leave may or may notbe converted to an unpaid suspension. In the event that anemployee is placed on a paid Administrative Leave, pendinga decision as to whether and to what extent disciplinaryaction will be taken, the Administrative Leave will be nolonger than is necessary to gather sufficient facts to makethe decision. With the exception of criminal investigations, inthe event an Administrative Leave lasts for fourteen (14) ormore calendar days and a decision has not been made,POAM UMLEA may request a meeting with the University todiscuss the employee’s status.Suspension6-8The University may issue a suspension (i.e. time-off withoutpay) for misconduct, substantiated by Just Cause.9
SECTION E.6-9The University shall notify POAM UMLEA at its office,providing it is open for business, of any disciplinary actiontaken which involves a disciplinary layoff or discharge withintwenty-four (24) hours after the action is taken and mail acopy of the employee’s notification to POAM UMLEA at itsoffice. The notification shall include the nature of the causeand the extent of the action taken.6-10In the event a POAM UMLEA employee is the subject of aninternal investigation of a non-criminal nature, the employeeand the union will be notified within seven (7) business days.SECTION F.6-11A grievance which (1) concerns a disciplinary layoff ordischarge of a non-probationary employee and (2) allegesthat no cause in fact existed, or that the layoff or dischargewas arbitrary and was clearly excessive, may be processedthrough the grievance and arbitration procedure, provided itis submitted in writing at Step 3 within five (5) calendar days(excluding Saturdays, Sundays and University Holidays)after receipt by POAM UMLEA of the University’s writtennotification of the disciplinary action. Failure to submit awritten grievance by POAM UMLEA or any representative ofthe local union within the allotted time shall constitute awaiver of all claims concerning such disciplinary layoff ordischarge.SECTION G.6-12If any grievance alleging a violation of this Article should betaken to arbitration, the arbitrator’s authority shall be limitedto the fact question of whether there was cause and asfollows:1. If the arbitrator finds there was cause, they may modifythe discipline only if it was (a) arbitrary and (b) clearlyexcessive; otherwise the arbitrator must affirm it.2. If the arbitrator finds there was no cause, the arbitratorshall nullify the disciplinary action taken.10
SECTION H.6-13Whenever time limits are used in this Article, actual receiptor a postmark, if mailed, will control.ARTICLE 7GRIEVANCE PROCEDURESECTION A. EMPLOYEE GRIEVANCE7-1A grievance is defined as a disagreement, arising under andduring the term of this Agreement, between th
limited to (1) full and exclusive control of the management of the University, the supervision of all operations, the methods, processes, means and personnel by which any and all work will be performed, the right to contract for services, the control of property and the composition, assi
