Effective:
Last Updated: Effective July 1, 1994

Responsible University Office: IU Human Resources

Responsible University Administrator: Vice President and Chief Financial Officer

Policy Contact: IU Human Resources

Subject to the approval of the Board of Trustees of Indiana University and a vote of the membership of AFSCME, Local 832, Indiana University of Administration and the Officers of Local 832 are agreeable to the following changes and/or modifications in the terms and conditions of employment for the fiscal year 1994-95.

1. Wage Adjustment Effective July 1, 1994, all appointed SM employees will receive a three percent (3%) pay adjustment rounded up to the nearest cent per hour on the employee's current hourly rate of pay.

2. Parking Effective August 1, 1994 or as soon as possible thereafter all appointed service maintenance employees may receive a "C" parking sticker at no cost to the employee or receive a credit toward the purchase of any other parking sticker equal to value of the "C" sticker as determined by the parking system administration. In subsequent years "C" stickers will be issued during the month of July.

3. Wage Progression All employees hired on or after July 1, 1994 shall be paid at rate equal to eighty-five (85%) of the full base rate of the job classification and shall progress in accordance with the following schedule:

   Employees who have worked twenty-six (26) weeks shall receive an increase to ninety percent (90%) of the full base rate of the job classification.

   Employees who have worked fifty-two (52) weeks shall receive an increase to ninety-five percent (95%) of the full base rate of the job classification.

   Employees who have worked seventy-eight (78) weeks shall be paid the full base rate of the job classification.

   For purposes of applying this provision "worked" means any week that the employee was in pay status or on an approved leave in accordance with the provisions of the Family and Medical Leave Act of 1993. In the event an employee who was hired on or after July 1, 1994 has not reached full base rate and transfers to any other job classification with a different full rate, the employee must still complete the balance of the eighteen (18) month wage progression.

   This provision does not apply to anyone who was in an appointed service maintenance position before July 1, 1994 and transfers or is promoted to a different position.

4. Funeral Leave Policy 5.8 paragraph A is amended to add grandparents, step-child and step-grandchild as covered relations that employees may utilize funeral leave in accordance with this policy. Paragraphs B and C of this policy are deleted. Employees are no longer eligible for up to four hours of funeral leave for close friends and other relatives.

5. Military Leave Policy 5.9 is amended to provide that eligible employees shall be entitled to fifteen (15) work days rather than fifteen (15) calendar days for military leave authorized by this policy.

6. Work Schedules/Hours Policy 2.9 is amended to add a new section that provides whenever any employee whose normal shift begins between 4:00 p.m. and 4:00 a.m. is required to attend a University-related meeting during non-working hours shall receive compensating time off for the time actually spent in any such meetings. Such compensating time shall be scheduled, if practical, by late arrival or early departure on the shift immediately proceeding or immediately following the meeting.

7. Police Department Equipment New policy. Appointed police officers shall be provided with body armor selected by the University. Police officers accepting this equipment are required to wear it during duty hours and are responsible for maintenance. The University will repair or replace a personal firearm of an appointed officer approved for use that is damaged or destroyed in the course of duty.

8. Safety Shoes New Policy. The University agrees to subsidize or provide safety shoes to employees who regularly are required to perform work duties that have extraordinary potential for foot injuries. The Joint Safety Committee shall make recommendations concerning the specific positions that shall be eligible for safety shoes. The employees holding such positions shall be required to wear safety shoes as a condition of employment.

9. Overtime/Emergency Conditions Policy 2.16 is amended as follows: Section C.(7) concerning overtime assignments during emergency conditions is amended to redefine the calculation of compensatory time.

   Section B.(2) is amended to provide that appointed SM employees shall be asked to work overtime assignments before full time hourly employees.

10. High Pay Policy 2.18 A new section is added that defines the calculation when the employee is eligible for overtime pay and high pay. The overtime pay shall be calculated on the base pay plus the high pay premium.

11. Personnel Policy Manual Distribution The University agrees to annually supply AFSCME, Local 832 with two hundred fifty (250) copies of the personnel policy manual covering Bloomington campus service- maintenance employees and two hundred fifty (250) copies of all revisions to this manual.

12. Retirement Benefits Policy 4.3 This policy shall be amended to include the formula for calculating PERF benefits.

13. Probationary Period Policy 2.10 is amended to provide that the probationary period for all SM employees hired on or after July 1, 1994 shall be one hundred twenty (120) days. The one hundred twenty (120) calendar day probationary period must be completed in order to be eligible to use income protection and personal affairs time.

14. Union Bulletin Boards New Policy. The University agrees to the following policy:

    The University permits the Union to use clearly defined space of not less than ten (10) square feet on existing bulletin boards where service maintenance employees work.

    Bulletin boards, as referred to in this policy, shall be used only for:

    1. Factual notices and announcements of the Union pertaining to the following;
       (1) Union meetings
       (2) Union elections and nominations
       (3) Appointment to Union offices
       (4) Union social and recreation affairs

    2. Union financial statements

    3. Minutes of meetings with the University

    4. Agreements between the Union and the University

    5. Union newsletters

    6. Any other material authorized by the Director of University Human Resources or his/her designee and the President of the Local Union or his/her degree

    The Union assumes responsibility for complete compliance with the spirit and intent of the provisions of this policy.

15. Family and Medical Leave Act and Other Leaves of Absences. New Policy. This is new policy that replaces Policy 5.11. This policy sets forth employee entitlements under leaves under the Family and Medical Leave Act of 1993 and other unpaid leaves of absences. This policy also clarified that an approved leave under the Family and Medical Leave Act of 1993 to care for a seriously ill family member is terminated by the death of that family member. The employee maintains the right to utilize any funeral leave entitlement in accordance with Policy 5.8.

16. Service Maintenance - Lead Workers Duties It is agreed that bargaining unit employees shall not have supervisory authority. Employees in the bargaining unit identified as lead persons shall have the authority to direct the work of other employees in the bargaining unit but shall not have the authority to hire or fire or to discipline other employees or to participate in disciplinary proceedings other than as a witness to the activity that gave rise to the discipline. It is understood that this provision should not be interpreted as altering or limiting the performance or authority of campus police officers.

17. Mail Distribution - The University commits that each department shall establish a central location or locations at or near the time clocks or report-in-area where official mail circulated through the University mail system may be picked up by employees on a daily basis.

18. Total Quality Management - The Administration agrees to notify AFSCME, Local 832 whenever an employee representation group is planned as part of a Total Quality Management or similar type program. Upon request the Administration shall provide AFSCME, Local 832 with a copy of the written report, if any, of the project.

19. Personnel Policy Manual Introduction - The introduction to the Policy Manual is amended to clarify that any department issued policies shall be updated and distributed to appropriate personnel. Additionally, the University commits to the objective of fair and equitable treatment of all employees through the consistent application of the Personnel Policies.

20. Outside Contractors

    Policy 2.1 is amended to add the following:

    New paragraph to be inserted after second paragraph:

    When the University intends to contract with a private outside contractor to perform a substantial amount of work that has been exclusively and routinely performed by AFSCME, Local 832 bargaining unit employees as of the effective date of this policy, and this contracting out of work will directly and immediately result in a substantial reduction of bargaining unit positions, the University will provide the Union with notice prior to a contract being awarded, except in cases of emergency.

    New fourth paragraph:

    Employees in the bargaining unit will not be laid off as a result of the use of prison labor or any other individuals under the jurisdiction of county, state or federal judicial or penal systems.

21. Recruitment and Selection Policy 2.7 section B (6) is amended to replace the final sentence with the following:

    The hiring department shall inform in writing all bargaining unit applicants that were considered that the position has been filled, the name of the person selected, the selected person's seniority date, and the basis for selecting another applicant rather than the employee; either best qualifications or most seniority.

22. Promotions and Transfers Policy 2.8 is amended as follows:

    Sections A.(1) and B.(1) are amended to provide that periods of sick leave of "two weeks or more" will not be considered in assessing the employees attendance record for purposes of transfers or promotions.

    Section A.(2) is amended that employees must work on a job for at least three months, previously six months, before requesting a promotion.

    Section A.(4) is amended to provide that when it is probable that a position will be filled by a promotion within the occupational unit, the vacancy shall be posted in each work area or near the time clocks.

    Section A.(5) is amended to provide that positions listed with Human Resources shall be posted in each work area or near the time clocks.

    Section E is amended to clarify that employees who are disqualified during the trial period regain unit seniority as of the effective date of the promotion or transfer.

23. Career Development (Training) Policy 2.11 is amended to replace the Training Committee with a Career Development Committee composed of four representatives of the Administration and AFSCME, Local 832. The Chair of the Committee is rotated annually between a representative appointee of AFSCME, Local 832 and the Administration. The following provision shall be included:

1. Indiana University and AFSCME, Local 832 recognize the importance of education and career development in meeting the present and future needs of the University for a highly educated and adaptable workforce and of employees for fulfilling and securing employment. The University and the Union further agree that the principles of career ladders for employees and promotion from within assist in providing the University with a highly motivated workforce. The University agrees to establish a Career Development Committee composed of four representatives of the Administration and four representatives of the Union to discuss the career development, upward mobility and training needs of SM staff. The IU Human Resources department will ensure the committee is appointed. The Chairperson of the committee shall rotate annually between an AFSCME appointee and Administration appointee. The Human Resources Management department will provide clerical support for the committee as needed.

2. The Career Development Committee shall focus its efforts toward:

1. Providing comprehensive career planning to SM employees.

2. Providing integrated education and training to SM employees.

3. Restructuring jobs, where necessary, to narrow the gap between "dead-end" jobs and higher paying jobs.

4. Suggesting new and revised Personnel Policies concerning the career development of SM employees.

24. Personnel Files New Policy. It is agreed that employees shall have timely access to information maintained in the employee's personnel files. The following new provision is added:

    A. Definitions

    1. Personnel files shall be those records on all SM employees. All appointed employees shall be covered under this definition.

    2. The term files shall designate items or collections of information stored by the University under personal names or identification, whether maintained within the departments or Human Resource Management.

    B. Employee access

    1. Upon request, a University employee or his/her designated representative shall have access to all information found in his/her file.

    2. At no time during the examination of the employee's file shall the file be out of the direct supervision of the University record keeper.

25. Work Place Safety Policy 5.6 is modified to add the following sections:

    Section B.

    Whenever a dangerous working condition exists that requires immediate corrective action, the employee should notify their supervisor at once. The supervisor shall take immediate action to correct the hazard. If corrective action is not taken immediately by the supervisor, the employees should notify the Dean or Director of the supervisor. The Dean or Director shall take immediate action to correct the hazard. If corrective action is not taken immediately by the Dean or Director, the employee should notify the Joint Safety Committee (by contacting the Human Resources Department at 855-3027). The Joint Safety Committee shall investigate the alleged dangerous condition and render a decision within two (2) working days on the corrective action to be taken. In the case of impasse the matter shall be submitted to the Director of Environmental Health and Safety for resolution.

    Section C.

    Where a working condition is thought to be unsafe, or potentially unsafe, but does not require immediate corrective action, the following procedure shall be used:

    1. The employee(s) should fill out an Unsafe Working Condition Report, being as detailed and specific as possible. The employee(s) should note the location and cause of the unsafe condition and the actions which should be taken to correct the condition. The employee(s) should then give the Report to the immediate supervisor. The supervisor shall have three (3) working days to investigate the matter and take whatever corrective action, if any, needs to be taken.

    2. If the employee(s) disagrees with the action taken by the supervisor, or if no action is taken, the employees shall have (2) working days to appeal to the Dean or Director of the supervisor. The Dean or Director shall have five (5) working days to investigate the matter and take whatever corrective action, if any, is needed.

    3. If the employee(s) disagree with the action taken by the Dean or Director, or if no action is taken, the employees shall have two (2) working days to appeal to the Joint Safety Committee. The Joint Safety Committee shall have five (5) working days to meet and investigate the matter and take whatever corrective action, if any, needs to be taken. The Joint Safety Committee shall respond in writing to all complaints brought to its attention.

    Section D. An employee or group of employees who refuse a work assignment because of a reasonable belief that to perform such work would endanger his/her physical safety beyond the normal hazards of the occupation or violates governmental safety standards should use the complaint procedure set forth in section 5.6.B above. Employees, including the employee or employees who refused the work assignment, shall not be required to resume the disputed work until either the alleged hazard is corrected, the complaint process is completed or a determination has been made by a qualified person stating the work is not unsafe or dangerous.

    No employee who refuses to perform work in accordance with this section shall be disciplined or retaliated against or lose the right to perform the work once the hazardous condition has been corrected.

    Pending the decision by the University concerning the work in question or the removal of the hazardous conditions, such employees may be assigned to any other work that is available, without loss of pay.

26. Safety Committee Policy 6.7 is amended to provide that the Safety Committee is restructured to include five AFSCME, Local 832 appointees and one person from the Physical Plant Administration, one person from Auxiliary Services, one health professional from the Health Center, one person from the Office of Insurance, Loss Control & Claims and one person from Environmental Health and Safety. The Bloomington campus Human Resources Director is an ex officio non-voting member. The Chairperson of the committee shall rotate semi-annually between an AFSCME, Local 832 appointee and an Administration Appointee.

27. Referral to the Joint Safety Committee During the 1994-95 discussions the following items were discussed and it was mutually agreed that these topics should be referred to the Joint Safety Committee for further consideration and recommendations:

    Asbestos Training
    Health and Safety/Injury Statistics
    Safety Shoes: Identification of covered positions
    Toxic Substance Exposure

28. Progressive Discipline/Corrective Action Policy 6.4 has been revised to reflect the philosophy and procedures relating to corrective action.

29. Grievance Procedure Policy 6.5 has been amended as follows:

    Paragraph #1 and Section F have been modified to clarify when employees may file a complaint with Affirmative Action and the jurisdiction of that office.

    Paragraph #3 has been modified to include the following:

    During the probationary status of an appointed employee, no matter concerning the discipline, layoff or termination of such employee shall be subject to the fourth stop of the Grievance Procedure.

    Section D.

    This section has been modified to provide that only grievances alleging a violation or application of a promulgated University rule, regulation, policy, or a grievance alleging that an employee has either been suspended with loss of pay or terminated without just cause may be appealed to arbitration.

30. Items for Inclusion in the Joint Safety Manual It is agreed that the following are proper items to be included in the Joint Safety Manual:

    Mission

    The mission of the Joint Safety Committee shall be to work toward the elimination of work place injuries and illnesses. The Joint Safety Committee shall work to:

    1. Increase attention to training and the capability of the supervisor and worker to identify and deal with work place health and safety hazards.

    2. Increase the understanding and awareness by all employees of safety and health hazards associated with their jobs and the development of basis safety and health knowledge which will enable employees to recognize hazardous or dangerous conditions.

    3. Maintain and update the Joint Safety Manual for the campus.

    4. Promptly investigate and respond to Unsafe Working Conditions Reports brought to the attention of the Committee.

    5. With the assistance of appropriate University departments, study job safety and health analyses of tasks causing the most serious and frequent injuries and illnesses. A job safety and health analysis should consist of:

       1. Determine the tasks to be analyzed by studying past safety and health performance data (Workers Compensation data, for example):

       2. Identify the hazards and dangers causing the injuries and illnesses;

       3. Recommend methods to eliminate the hazards and dangers.

    6. Make a written report of recommendations on a regular basis, to be no less than once each year, to the Administration and to AFSCME, Local 832.

    7. Union representatives appointed to the Safety Committee shall be given a reasonable amount of time during working hours to serve on this Committee and to investigate safety and health hazards brought to the Committee.

       OSHA Inspections
       The University agrees to inform the President of AFSCME, Local 832, or his/her designee, whenever compliance officers from OSHA are present on the Bloomington campus for the purpose of making safety inspection. It is the responsibility of the department head in the department being inspected to notify the Human Resources Department of the pending inspection. It is the responsibility of the Human Resources Department to ensure the president of the union or his/her designee is contacted in a timely manner. A designated union steward or officer shall be allowed to accompany the compliance officer on inspection of the work site and to participate in opening and closing conferences, without loss of pay or benefits.

       Toxic Substances
       In accordance with the Indiana University Hazard Communication Program, whenever a substance is identified as being toxic, prior to any clean up or removal of the substance, the University shall determine the nature of the substance, its toxic properties, and the safe and recommended method of working with the substance, including the appropriate personal, protective equipment necessary when working with the substance. The University shall supply a copy of the information to the affected employees and to the President of AFSCME, Local 832. Any clean-up shall be under the supervision of an Industrial Hygienist, or other similarly qualified professional, who shall have the authority to immediately stop work to protect the safety and health of workers or to prevent harm to the environment.