Effective:
Last Updated: July 1, 2002

Responsible University Office: IU Human Resources

Responsible University Administrator: Vice President and Chief Financial Officer

Policy Contact: IU Human Resources

Article 5. continued

BLOOMINGTON CAMPUS ADMINISTRATION

Under authority of Article 5. the following Articles of Cooperation have been agreed to between the University Administration and AFSCME Local 832 representing the Service and Maintenance staff on the Bloomington Campus.

Article 5.A. (Revised in 1982-See Policy 6.5 for present language)

Supervisory written reports, made after a date established one week following effective date of this Article, of unsatisfactory work or job conduct of an employee in the presentation unit, of which the employee was not made aware, shall not be used against the employee to support a disciplinary action. The following evidence that the employee was made aware of such reports shall be acceptable.

1. the employee's signature or initials on a copy of the report, or,
2. witnessing signature or initials of a steward or officer of Local 832 that the employee was made aware of the report, or,
3. evidence of delivery of a copy of the report to the employee's last known address by certified mail.

Article 5.B. (Also in Policy #2.7)

When an employee in the representation unit has bid for promotion or transfer, in accordance with University policies and procedures, to a position within the representation unit, the Administration and Local 832 will cooperate in an effort to assure that such employee, if not accepted for the position, is informed of (a) the name of the person selected, (b) the selected person's seniority date, and (c) the basis for selection, i.e., best qualification or most seniority. The Administration's effort will include notification in writing to such bidders from outside the department where the opening occurred.

Article 5.C.

At least once a year, and no more than twice each year, the Administration will prepare and provide for Local 832 a list of all employees of the representation unit, as complete as practically possible, showing the University seniority date of each individual; and, once each month, the Administration will provide Local 832 a list of the employees appointed to or separated from the representation unit. These lists shall be deemed correct as to an employee's seniority date unless the employee or steward notifies the Administration in writing of any alleged error, or vice versa. Disputes concerning seniority dates shall be resolved as soon as possible.

Article 5.D. (Also in Policy #5.12)

When appropriately applied for, and subject to department head recommendation of restriction because of hardship to the University, leaves of absence (without pay) will be given to members of Local 832 for activities of the AFSCME Union that are in the interest of Local 832 and Indiana University, up to a total of three (3) months in any period of five (5) years, subject to request for and approval of extension, under the same conditions, not to exceed a total of three (3) months in the same five (5) year period.

Article 5.E.

The following is from a memorandum of understanding concerning a procedure experiment between AFSCME Local 832 and the Bloomington Campus Administration relative to use of the Problem- Grievance Settlement Procedure in coordination with Section 6. (b) and Section 7. of the Conditions for Cooperation...

1. Problems, proposals, and working-condition complaints, including charges of unfair employment termination, of Local 832 that are of concern in a single unit or department (rather than campus- wide) should be submitted to the unit administration, by Union Stewards as outlined in the Problem-Grievance Procedure.
2. If administration responses in the first two Settlement Stages are not satisfactory to the Union, the matter may be submitted to Settlement Stage III, by the Union President or other designated officer of the Union.
3. If the matter brought to Stage III is subject to grievance settlement processes of Stage IV, it will be handled in accordance with the specific procedures of Settlement Stage III, and IV if resorted to.
4. If the matter is not an arbitrable grievance under Settlement Stage IV provisions, but is negotiable under Section 5. (b) (3) of the Conditions for Cooperation . . . it shall be referred to the regular monthly meeting of the Joint Fact-finding Committee (three representatives of Local 832; three representatives of the Administration) which, upon meeting, shall convene as an Equal Representation Committee as provided under Section 7. of the Conditions for Cooperation . . .

Article 5.F. (Also in Policy #2.14)

If there is a bona fide pay shortage in an employee's check, the correct payment will be made by the University the end of the first working day of the University's FMS-Payroll Department, and not later than the third day, following the day the employee's immediate supervisor is notified of the shortage.

Article 5.G (Also in Policy #2.6)

When a regular job opening is posted in accordance with agreement, the posting will note the classification, the pay grade and the shift. The listing will continue to within two weeks of job offer and acceptance.

Article 5.H.

At the request of the Local 832 President, an original Occupational Unit Seniority list will be prepared by the Personnel Division for any unit having ten (10) or more Service and Maintenance regular staff employees. Updating and maintenance of the list will become the joint and cooperative responsibility of the Unit Supervisor and Shop Steward.

Article 5.I. (Also in Policy #5.1)

AFSCME Local 832 is agreeable to a declaration of a one-day Spring Holiday in lieu of Good Friday Holiday, to be granted during Spring Recess to staff members, with the understanding that staff members entitled to the one day Spring Recess Holiday may request, and be approved by departmental authority, a postponement of the holiday to another day during the calendar year, providing the date selected does not work an undue hardship on the department.

Article 5.J. (Also in Policy #5.2)

In interpreting the Personal Affairs allowance of the Income Protection Plan for Necessary Absence, department heads shall not deny the benefit on the basis of undue hardship upon the University when requested at least 48 hours in advance, except on the basis of excessive numbers of such requests for the same day. Further, any denials of a request must be made within two hours following the request, or 48 hours before the requested absence, whichever comes later.

Article 5.K. (Also in Policy #2.8, Policy #2.12, and Policy #2.13, (Revised 7/92) (Amended 7/98)

For the purpose of occupational unit seniority definition, administrative and professional positions will be considered in different occupational units than Service and Maintenance positions even though these positions are in the same account numbers and/or traditional lines of advancement.

Service and Maintenance staff members who transfer to or are promoted to a job in another occupational unit in Indiana University are entitled to return to their former occupational unit within 60 calendar days of the effective date of the transfer or promotion and regain their unit seniority as of the time they transferred or were promoted from the former occupational unit. In the event of a reduction in force, and assuming sufficient previous seniority, an employee is also entitled to return to his/her former unit with previously accumulated seniority. In this event, the staff member with the least seniority in that unit would be then laid off.

Service Maintenance staff members who are promoted within their occupational unit are entitled to return to their former job classification within 60 calendar days from the effective date of promotion.

Article 5.L. (Also in Policy #6.5)(Amended 1998)

A supervisor of a staff member on an SM position must take disciplinary action or a staff member must file a grievance for a specific incident, or notify the other in writing that an investigation of the alleged incident is in progress, within ten (10) work days of knowledge by the supervisor or employee of the incident. Investigations must take place in an expeditious fashion and not be used as simply a method to delay action.

This policy does not preclude the use of past records and documents of incidents of a related nature to support either party's case.

Article 5.M. (Also in Policy #6.5)

Local 832 members may make use of all stages of the grievance procedure if they feel the qualifications listed for an SM position vacancy are inconsistent or significantly greater than the realistic demands of the position.

Article 5.N. (Also in Policy #6.4)

After twelve (12) months, any Critical Incident Report in an employee's file cannot be used to support disciplinary action.

Article 5.0. (Also in Policy 5.1)

If a department closes for Spring Holiday, SM staff members may work and save the floating holiday if they desire.

Article 5.P. (Also in Policy #6.5)

In the event of a grievance involving a pay differential filed against the University, unless the parties otherwise agree or unless the Arbitrator otherwise directs, if the grievant prevails he or she shall be entitled to the differential for the period of time that the higher rate should have been received until he or she is actually placed on the higher rated job.

Article 5.Q. (Also in Policy 7.4)

All full-time 40 hour per week hourly jobs that might be expected to normally lead to appointment status must be listed just the same as appointed positions. During the posting period, the job may be filled with temporary help.

Article 5.R. (Also in Policy #6.5)

The union president and the union steward most immediately involved in a grievance shall be allowed to attend Stage III grievance meetings.

Article 5.S.

Recognized employee organizations' chief executive officer and the next highest ranking officer shall be issued IU emergency parking plaques. Plaques shall be transferable to any executive board officer conducting business of the organization.