URA-AFT Administrative Unit Contract 2007-2011
Rutgers, The State University of New Jersey
Union of Rutgers Administrators
American Federation of Teachers, AFL-CIO
July 1, 2007 – June 30, 2011
The full contract in PDF format can be found here.
The purpose of this agreement is to promote and ensure harmonious and constructive relations between the parties with respect to terms and conditions of employment.
The University recognizes Union of Rutgers Administrators, American Federation of Teachers (URA-AFT), AFL-CIO, as the sole and exclusive representative of all Rutgers University employees included below for the purpose of collective negotiations for terms and conditions of employment. Groups of employees may be added or deleted by mutual consent of the parties.
- Included: All regularly employed administrative employees, employed by Rutgers, The State University of New Jersey at its New Brunswick, Piscataway, Newark and Camden campuses and all field and other locations.
- Excluded: All managerial executive employees, supervisory employees (as to administrative unit employees), professional employees, confidential employees, casual employees, temporary employees, T-coded employees, term contract employees, police employees, faculty, employees whose inclusion presents a conflict of interest (e.g. Internal Auditors and Claims Managers), employees currently represented in other collective negotiations units, and all other employees. The term “Union” when used herein will refer to the Union of Rutgers Administrators, American Federation of Teachers (URA-AFT), AFL-CIO
Full time employees shall be granted three (3) days administrative leave at the beginning of each fiscal year. Employees hired after the beginning of the fiscal year shall be granted a one-half day (1/2) administrative leave after each full calendar month of service in the first fiscal year of employment to a maximum of three (3) days.
Employees appointed on a ten-month basis shall be granted administrative leave on the same basis except the maximum will be two and one-half days (2 ½) per year. Administrative leave for part time employees shall be prorated in accordance with the length of their work week.
Administrative leave shall be granted by Rutgers University upon request of the employee and shall be scheduled in advance provided the request can be granted without interference with the proper discharge of the work in the work unit involved. Requests for such leave shall not be unreasonably denied.
Administrative leave may be used for personal business, including emergencies and religious observances. Administrative leave may be taken in conjunction with other types of paid leave. Where there are more requests at one time than can be granted without interfering with the proper conduct of the work unit, priorities in granting such requests shall be: (1) emergencies; (2) religious holidays; and (3) personal matters. If there is still a conflict, the matter will be resolved on the basis of seniority within the work unit. In the case of an emergency, where advance notice and approval are not possible, requests for administrative leave for emergencies shall not be unreasonably denied.
Administrative leave must be scheduled in minimum units of one (1) hour. Such leave shall not be cumulative. Unused balances in any year shall be cancelled. An employee who leaves employment shall not be required to reimburse Rutgers for earned days already used.
An employee may request an alternate work schedule in order to take one three, or four, credit course at an accredited institution of higher education, or an other professional course carrying continuing education units per semester (Fall, Spring and Summer) during the work day. For the purposes of this Article, a flexible work day arrangement may include: a variable daily schedule that revolves around a fixed set of core hours, which may vary by employee; a pre-defined start time during which the employee will commence his or her work day; and for non-exempt staff, a work day that remains for a specific number of hours, not including a meal break, during which the employee must be at work, and a meal break of at least thirty (30) consecutive minutes. Any such request shall not be denied arbitrarily.
An employee may use his or her personal vehicle on Rutgers business only where advance approval is given by the employee’s supervisor.
When driving on Rutgers business, employees must carry a valid driver’s license, vehicle registration, and proof of insurance. New Jersey residents must carry a New Jersey Insurance Identification Card. Privately owned motorcycles shall not be used on Rutgers business.
In the event of an accident involving injuries or damages to other persons or property while operating a privately owned vehicle on Rutgers business, the employee must notify the Office of University Risk Management and Insurance.
The university shall indemnify the employee for any act or omission arising out of and in the course of the performance of the employee’s duties to the full extent permitted by the New Jersey Tort Claims Act, and any amendments thereto, and as prescribed by the University’s Indemnification Policy (University Policy Library Section 50.3.3). See Appendix A. An employee request for indemnification shall be made promptly in writing to the Office of Vice President and General Counsel. The financial loss for damage to a privately owned vehicle used on Rutgers business is not reimbursable by the university.
An employee who is absent from work due to death in the immediate family (mother, father, spouse, sole domestic partner, child, step child, ward, foster child, sister, brother, grandmother, great grandmother, grandfather, great grandfather, grandchild, mother-in-law, father-in-law, son in- law, daughter-in-law, or any relative of the employee residing in the employee’s household) may charge up to three (3) days for such absence to attend the funeral or for mourning. Such time must be initiated within seven (7) calendar days from notice of the date of death. If such notification exceeds the date of death by more than seven (7) days, a department may require verification of notification. However, in the event that the funeral of a member of the immediate family is held at some distant location, and the employee will attend, an exception to the above may be requested by the employee to provide for up to five (5) days of absence to be charged to bereavement leave.
If an employee requests to use available vacation time to extend the bereavement leave, it will not be unreasonably denied.
The University shall post official Union notices in each of the locked bulletin boards at the three University Human Resources (UHR) offices. The University shall also allow URA-AFT representatives to post official URA-AFT matters on existing bulletin boards or spaces customarily used for official notices to the university staff.
The URA-AFT agrees that notices posted on such bulletin boards shall only contain material related to official URA-AFT business.
The URA-AFT further agrees that notices posted on such bulletin boards shall conform to any policies and procedures that may be adopted by the University for use of such bulletin boards and that apply equally to all notices.
Any overtime eligible employee who is directed to return to work after he/she has completed his/her regularly scheduled work day and has left his/her place of work shall be guaranteed a minimum of four (4) hours work or compensation in lieu thereof. Such employee shall be required to work all hours, in addition to the four (4) hour minimum guarantee, which are required by his/her supervisor.
Any overtime ineligible employee, who is directed to return to work after he/she has completed his/her regularly scheduled work day and has left his/her place of work shall be guaranteed a minimum of one (1) hour of compensatory time. Such employee shall be required to work all hours, in addition to the one (1) hour minimum guarantee, which are required by his/her supervisor and shall be compensated with compensatory time for all such time worked.
Prior to effectuating a permanent change of one (1) hour or more in the regular start time of an employee’s work day, Rutgers shall give a minimum of fourteen (14) days notice to the affected employee, or employees, unless circumstances, such as an emergency situation, make such notice impracticable.
Prior to effectuating a permanent change in an employee’s regular work schedule, Rutgers shall give a minimum of fourteen (14) days notice to the affected employee, or employees, unless circumstances, such as an emergency situation, make such notice impracticable.
A permanent change shall be defined as a change lasting more than thirty (30) days however an articulated temporary change may be for a period in excess of thirty (30) days.
Seniority within job titles shall be considered when permanent changes in the regular start time or in the regular work schedule referenced above are made.
Employees covered under this Agreement shall be permitted to participate in Rutgers’ compassionate leave program, a donated leave bank for catastrophic illnesses, pursuant to the terms and conditions set forth in the University Human Resources Compassionate Leave Program, as may be amended unilaterally from time to time by the university.
The university shall provide the URA-AFT with an annual statement of donation and usage transactions related to the donated leave bank. The statement will include the following university-wide data: number of people donating accrued time; number of days donated; number of people requesting leave; number of requests granted. Determinations regarding the granting or denial of compassionate leave shall be at the sole discretion of the Associate Vice President for Human Resources.
In order to compensate the Division of Dining Services for meals provided to employees covered under this Agreement, Dining Services employees shall have deduction made from their wages as follows:
For employees working in position not at Dining Halls (one (1) meal per day):
$1.25 per day effective July 1, 2007
$1.50 per day effective July 1, 2008
$1.75 per day effective July 1, 2009
$2.00 per day effective July 1, 2010
For employees working in positions at Dining Halls (including but not limited to Chef Manager I, Chef Manager II, Food Production Manager, Dining Hall Supervisor, Asst. Manager Catering, Concessions Supervisor) (two (2) meals per day):
$2.50 per day effective July 1, 2007
$3.00 per day effective July 1, 2008
$3.50 per day effective July 1, 2009
$4.00 per day effective July 1, 2010
At the close of the fiscal year, employees shall be refunded the deductions for meals made for Dining Services employees covered under this Agreement for those full days on which an 8 employee was absent from work on account of sickness, vacation, or other excused absence under this Agreement.
So long as Rutgers offers its employees an Employee Assistance Program for counseling and referrals regarding personal and professional issues which affect the performance of their duties as Rutgers employees, bargaining unit employees shall be eligible to use the Employee Assistance Program at no cost on the same basis and to the same extent as other Rutgers employees. Employee use of the Employee Assistance Program shall be confidential except as may be required by law.
1. A grievance is defined as a claimed violation of any provision of this Agreement or of any Rutgers policy relating to mandatorily negotiable wages, hours or terms and conditions of employment which has been filed pursuant to this Article. The procedure set forth herein is the sole and exclusive right and remedy for any and all claims that could be brought under this grievance procedure.
All grievances must specifically cite which provision of this Agreement and/or Rutgers policy is alleged to have been violated; must set forth who is alleged to have committed the violation; and must set forth when and where the alleged violation occurred.
2. A grievance shall be handled in the following manner:
Prior to filing a written grievance, the aggrieved party shall attempt to resolve the matter at issue informally with his/her supervisor. Such efforts at informal resolution shall not suspend the timeliness requirements for filing a grievance as set forth below. Any agreements reached during an informal meeting shall not be precedential but shall be binding for the current matter only.
If the grievance is not resolved at Step 1, the grievance will be presented in writing to the next level of supervision within twenty one (21) calendar days after the action occurred or from the date the employee or the URA-AFT knew of or should have known of the action. Within fourteen (14) calendar days of receipt of the written grievance, this next level of supervision, or his/her designee, will arrange for a meeting with the grievant. The grievant may have URA-AFT representation at the meeting if he/she desires. This next level of supervision, or his/her designee, will send his/her written answer within fourteen (14) calendar days after the meeting to the employee, to the URA-AFT representative present, if any, to the Office of Labor Relations, and to the URA-AFT.
If the URA-AFT is not satisfied with the Step 2 answer, the URA-AFT may request a Step 3 hearing by the Office of Labor Relations by forwarding the grievance to the Office of Labor Relations within fourteen (14) calendar days of receipt of the Step 2 answer. Within fourteen (14) calendar days, the Office of Labor Relations will arrange for a meeting. The grievant may be accompanied at the meeting by a URA-AFT representative. Within fourteen (14) calendar days after the meeting, the Office of Labor Relations will send a written answer to the employee, to the URA-AFT representative present, if any, and to the URA-AFT.
If the URA-AFT is not satisfied with the Step 3 answer, the URA-AFT, within twenty-one (21) calendar days of receipt of that answer, may submit the grievance to arbitration in accordance with paragraph three (3) below.
3. If the URA-AFT submits a grievance to arbitration, the URA-AFT will submit to the Office of Labor Relations a copy of its submission. The arbitrator will be chosen jointly from a panel to be provided by the Public Employment Relations Commission (PERC) in accordance with the rules and procedures of PERC.
The appointed arbitrator will submit, within thirty (30) calendar days of the close of the hearing, a written decision.
No arbitrator functioning under the provisions of this grievance procedure shall have the authority to amend, modify, or delete any provision of this Agreement. The award of the arbitrator shall be binding upon the University and the URA-AFT, and the grievant, to the extent permitted by and in accordance with applicable law and this Agreement.
Costs and expenses incurred by each party will be paid by the party incurring such costs except that the fees of the arbitrator and PERC will be divided equally between the parties.
4. When an employee chooses to have a representative present at any of the above Grievance Steps prior to arbitration, that representative must be a bargaining unit member who has been identified as a URA-AFT representative under Article 46.
5. The time limits above may be extended by mutual agreement of the parties to the grievance.
6. Any written decision or written answer to a grievance made at any step which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing, shall be considered final. If Rutgers should exceed the time limits in replying to any grievance at any step in the grievance procedure, the grievance may be advanced to the next step within the time limitations for advancing a grievance as set forth above.
7. An employee will not lose pay for the time spent during his/her regular working hours at the foregoing steps of the grievance procedure. In the event that it is necessary to require the attendance of another employee as a witness during regular working hours, such employee shall not lose pay for such time. However, this allowance of time off without loss of pay does not apply to preparation of the grievance, the grievant, or any witnesses.
8. Unless mutually agreed upon, no more than four (4) URA-AFT representatives may attend any grievance hearing.
9. Grievances alleging a violation of Article 25 (Non Discrimination) shall be concluded at step 3 as set forth above in Section two (2); which will be the final and binding decision for the grievance.
10. The filing of a grievance under the provisions of this Article shall not prevent the University from taking the action complained of, subject however to the final decision on the grievance. Pending final disposition of the grievance, the grievant shall fulfill his/her professional responsibilities as assigned.
The parties acknowledge that pursuant to N.J.S.A. 52:14-17.25 et seq. employees of the University are deemed to be employees of the State for purposes of health benefits and that health benefits are provided to eligible employees as set forth therein. The parties agree that, with respect to those items regarding health benefits that are required by law to be determined pursuant to a binding collective negotiations agreement, the provisions applicable to employees represented by the Council of New Jersey State College Locals, AFT, shall apply to employees in the URA-AFT bargaining unit.
The regular paid holidays observed by Rutgers are: New Year’s Day, Martin Luther King’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. When any of the above holidays falls on a Sunday, the following Monday is observed in lieu of the holiday. When any of the above holidays falls on a Saturday, the preceding Friday will be observed in lieu of the holiday.
In addition, Rutgers shall observe as holidays either one (1) full holiday or two (2) half holidays during the year-end holiday season, and three (3) other holidays to be annually determined by Rutgers.
In addition, after six (6) months of employment, employees will be granted two (2) personal holidays. The rules for use of individually selected personal holidays will be governed by those applicable to administrative leave as provided in Article 2 of this Agreement.
An overtime non-exempt employee, whose regularly scheduled day off falls on a University holiday, may request a particular day off in that workweek as an alternate day off. If the request can be granted without interfering with the needs of the department, it will be granted. If the department determines that its needs do not permit granting that day, the department may assign another day during that workweek as the alternate day off. If the employee is not given an alternate day off during that workweek the University holiday counts as compensable hours toward overtime.
Employees who are eligible to receive premium compensation for overtime hours worked and who are authorized to work on an observed University holiday will, in addition to his/her regular pay for the day, earn compensation at time and one-half the employee’s regular rate for all hours worked as Holiday Premium pay.
When an overtime exempt employee is required to work on an observed holiday, that employee shall be granted an alternate day off at the mutual convenience of the supervisor and the employee, with the understanding that the employee’s choice for the day off will not be unreasonably denied. However, employees who have been informed that, by virtue of their assigned job duties, they are hired to work holidays will not be eligible for such alternate days off.
Holidays will be appropriately prorated for an employee who is on a “reduced schedule” leave under the New Jersey Family Leave Act or the Federal Family and Medical Leave Act.
Staff members who wish to observe religious holidays may do so by charging such absence to their yearly vacation or personal holiday allowance, or to administrative leave in accordance with those leave provisions.
When a new position is posted, the job description provided in the job posting will be made a permanent part of the personnel file of whoever is hired for the position. The employee’s central personnel file will be maintained by UHR. This information will be made available to the employee within seven days of a written request.
For the first five (5) business days from the date of posting, hiring departments will only be able to review URA-AFT internal candidates for vacant and newly created positions which are included in this collective negotiations unit. No external candidates will be considered for said vacancies or newly created positions until the resumes of URA-AFT internal candidates, who have applied during the five (5) day period referenced above, have been reviewed by the hiring department.
Candidate selection for all positions will be at the sole and exclusive discretion of the hiring department and shall be based upon the specified criteria for the position. When multiple URA-AFT internal finalist applicants are equally qualified, and the hiring department is selecting one of said internal finalist applicants for the vacant or newly created position referenced above, the most senior internal finalist applicant shall be awarded the position.
Rutgers shall grant time off with regular pay to those employees who are required to perform jury duty. Employees are required to submit to their supervisor the notification of jury duty as soon as possible.
No employee shall be discharged, suspended, disciplined or receive a deficiency downgrade except for just cause.
The parties to this Agreement affirm the concept of progressive discipline.
The sole and exclusive remedy for employees receiving written disciplinary action shall be to file a grievance in accordance with the Grievance Procedure set forth in this Agreement.
Written reprimands, letters of suspension, letters of termination and letters of deficiency downgrade given to an employee will contain the reasons for such action. All such notices shall be sent registered mail or delivered in person to the employee.
An employee shall, upon request, be entitled to have a union representative present at any investigatory meeting or questioning which the employee reasonably believes could result in disciplinary action.
A Labor Management Conference is a meeting between the URA-AFT, the Office of Labor Relations and such other representative(s) as the University deems appropriate, to consider matters of general interest and concern other than grievances. Such a meeting may be called by either party, shall take place at a mutually convenient time and place and may be attended by no more than five (5) URA-AFT Representatives employed by Rutgers who shall not lose pay for time spent during their regular working hours at such a meeting. National Representatives and/or Union Representatives may attend such meetings. Agreements reached at Labor Management Conferences may be reduced to writing.
The University agrees that prior to laying off employees (as layoff is defined in Article 39), it will, except in case of emergencies, give notice of five (5) working days for each full year of service, except that the minimum notice will be thirty (30) working days notice and the maximum notice will be one hundred twenty five (125) working days.
During a laid off employee’s notice period, he/she may request time to seek other employment either through use of vacation, administrative leave, adjusted work schedule, or leave without pay. Such requests shall not be unreasonably denied. All vacation should be used prior to the effective date of the layoff if possible. However, the employee will be compensated for any earned vacation that might remain at expiration of notice period.
The above notice provisions do not apply to a temporary layoff of sixty (60) calendar days or less.
With respect to employees whose positions are funded in whole or in part by grants or contracts, employment is dependent upon the continued availability of grant or contract funds. Where there is a known scheduled expiration date of a grant or contract, the University agrees to provide notice to the affected employee(s) of such expiration thirty (30) days prior to the expiration date of the grant or contract. In all other cases, the University agrees that as soon as practicable it will inform employees of the anticipated expiration or cessation of the grant or contract.
If an employee is confronted with a situation of unusual circumstances, a request for a leave of absence without salary for personal reasons will be considered by the university. The maximum number of days available for such a leave is thirty (30) days. A request for such a leave must be submitted in writing to the administrative supervisor or department head concerned.
Effective July 1, 2008, employees, other than those working in the Division of Dining Services, who are required to work for twelve (12) consecutive hours or more are entitled to one meal allowance of $6.50.
Effective July 1, 2009, employees, other than those working in the Division of Dining Services, who are required to work for twelve (12) consecutive hours or more are entitled to one meal allowance of $6.75.
Effective July 1, 2010, employees, other than those working in the Division of Dining Services, who are required to work for twelve (12) consecutive hours or more are entitled to one meal allowance of $7.00.
The above does not apply in those situations when the employee is provided with a meal or a meal voucher.
The following provisions regarding military service will apply to all full time employees covered by this Agreement:
1. Any full time regularly appointed employee who is a member of a military reserve component of the Armed Forces of the United States (including the National Guard) shall be entitled to a leave of absence with pay for the usual prescribed training period not to exceed fifteen (15) days per year. Such leaves shall not be charged against vacation time. The employee must give the supervisor two (2) weeks advance notice of such leave and must present to the supervisor a copy of the official government orders authorizing the military training.
B. Military Leave for Active Duty
1. Any full time employee, employed by Rutgers for one year or more, who is a member of the military (including the National Guard) shall be entitled to leave of absence with pay on all days during which he or she shall be engaged in any period of State or Federal active duty, not exceeding ninety (90) work days in the aggregate in any calendar year. Any leave of absence for such duty in excess of ninety (90) work days shall be without pay but without loss of time as set forth in paragraph 2d below. Any leave of absence for such duty for a full time employee of Rutgers of less than one year shall be without pay but without loss of time as set forth in paragraph 2d below.
2. In the case where a service-connected disability prevents the employee from returning to work within the time prescribed by law for applying for reemployment, the employee may request that the leave be extended. Upon submitting to Rutgers substantiating medical evidence a six (6) month leave extension may be granted in accordance with the standards governing such extensions set forth in the Uniform Services Employment and Reemployment Rights Act. The total of such extension shall not exceed twenty-four (24) months from the date of separation from the military except where required by law.
3. Upon reemployment, the returning veteran employee’s salary shall be adjusted to reflect any normal increments or general adjustments the employee would have received had the employee continued to work for Rutgers.
4. Sick and vacation leave days will not accrue during the military service but the time will count as University Service in applying sick or vacation leave accrual rates upon return to University service. Military leave service shall be included in the calculation of seniority pursuant to Article 39 of this Agreement.
Requests for reconsideration of NE/NL designations shall be brought by the Union to a quarterly Labor Management committee for discussion and shall be reviewed by UHR.
The University and the Union agree that in the application of the provisions of this Agreement there shall be no discrimination by the University or the Union against any member of the bargaining unit because of age, sex, sexual orientation, marital status, civil union status, familial status, religion, race, color, creed, ancestry, national origin, veteran status, disability, or membership or non-membership in or activity on behalf of or in opposition to the Union. The protected categories listed above shall have the meaning as defined by the New Jersey Law Against Discrimination on the effective date of this Agreement.
The university and the union agree that the working environment shall be characterized by mutual respect for the common dignity to which all individuals are entitled. It is therefore agreed that verbal harassment of an employee or a supervisor is inappropriate and unacceptable.
Any claims of a violation of this provision by employees covered by this agreement shall be the subject of a labor management conference. A full and fair investigation into any alleged violations of this provision shall be the sole and exclusive duty of the university.
The Labor Management Conference shall be presided over by the Office of Labor Relations and attended by the employee, a representative or representatives of the union, a representative of the department associated with the alleged violation. Any mutual agreements reached at a Labor Management Conference at which representatives of the Office of Labor Relations are present will be reduced to writing. Such agreement shall be binding on the parties to the agreement.
Should a particular supervisor be the subject of more than one allegation under this Article and should the parties at a Labor Management Conference (see Article 19) agree that responsive action by the University is warranted to address a claimed violation of this Article in more than one such instance, then repeated or continuing behavior by the same supervisor may be grieved pursuant to Article 12.
The parties also acknowledge that the University Policy Prohibiting Harassment (University Policy Library Section 60.1.12) prohibits harassment based on certain enumerated protected categories. Employees may use the University Harassment Complaint Process to report and remedy complaints covered by the Policy Prohibiting Harassment.
Thirty Five (35) Hour, Thirty Seven and One Half Hour (37.5), Forty (40) Hour Workweek Employees
Employees who are not exempt from overtime, and whose workweek is defined as “thirty five (35)” or “thirty seven and one-half (37.5)” hours, shall receive overtime compensation for all hours worked in excess of thirty seven and one-half (37.5) during the workweek, which is, for most departments, 12:01 a.m. Saturday to 12:00 midnight Friday. Such overtime compensation may be either in cash at the rate of time and one-half the regular hourly rate, or in time off at the rate of one and one-half hours (1.5) off from work for each hour worked in excess of thirty seven and one-half (37.5), at the discretion of the employee’s department.
Employees who are not exempt from overtime, and whose workweek is defined as “forty (40) hours”, receive overtime compensation for all hours worked in excess of forty (40) during the workweek, which is, for most departments, 12:01 a.m. Saturday to 12:00 midnight Friday. Such overtime compensation may be either in cash at the rate of time and one-half the regular hourly rate, or in time off at the rate of one and one-half hours (1.5) off from work for each hour worked in excess of forty (40), at the discretion of the employee’s department.
NL and N4 Employees
“NL” and “N4” employees have work schedules which are neither tied to a fixed number of hours per day or per week, nor tied to a fixed number of days per week. While the standard workweek for NL employees varies according to the nature and scope of the employee’s work, it is understood that in the course of a fiscal year the number of hours worked by an employee and the days on which such work must be performed may also vary to meet seasonal needs or specific demands of the position.
The parties to this Agreement recognize that NL and N4 employees are professionals whose duties vary in content and schedule and sometimes require working more than the standard workweek. At the same time, the parties to this agreement acknowledge that there may be occasions where an employee believes that he/she is working an excessive workload. In such cases, the employee shall do the following:
a. The employee shall request a meeting with his/her supervisor, which will be scheduled within five (5) work days of the request, to discuss the nature of the employee’s work and the time required for the employee’s duties. The employee shall present to the supervisor his/her rationale as to why the workload is considered excessive, along with any documentation the employee may wish to present, such as time records.
b. In cases where the supervisor concurs that the employee is working an excessive workload, the supervisor will address such a situation through one or more of the following actions:
i. Eliminating, reducing or modifying the duties the employee is performing;
ii. Providing logistical assistance or adding additional personnel on either a temporary or permanent basis;
iii. Providing compensatory time off to the employee which is to be scheduled on a mutually acceptable basis;
c. The supervisor will provide his/her determination in writing, with a copy to the employee’s personnel file maintained at UHR, to the employee within five (5) work days of the meeting referenced in subsection “a.” above.
d. An employee who is dissatisfied with the decision of his/her supervisor may elect to meet with the next higher level of supervision to discuss the situation and to seek further relief. Should the matter not be resolved at this level, at the request of the union there shall be a meeting between two (2) URA-AFT representatives and two (2) UHR representatives in an attempt to come to a mutually acceptable resolution. The employee may attend at the discretion of the union. Other administration representatives may attend at the discretion of UHR. Any agreements reached at this meeting shall be reduced to writing. The URA-AFT reserves the right to grieve only where UHR refuses to meet and discuss the employee’s complaint and to attempt to come to a mutually acceptable resolution.
The annual motor vehicle registration fee for employees wishing to register their vehicles for the use of surface campus parking facilities shall be 1/10th of 1% of the employee’s annual salary for employees earning less than $25,000. Thereafter, for salaries from $25,000 to $29,999 the rate shall be 11/100th of one percent (.0011). For salaries from $30,000 to $34,999, the rate shall be 12/100th of one percent (.0012). For salaries from $35,000 to $39,999 the rate shall be 14/100th of one percent (.0014). For salaries from $40,000 to $44,999 the rate shall be 16/100th of one percent (.0016). For salaries from $45,000 to $49,999 the rate shall be 18/100th of one percent (.0018). Thereafter, the rate shall increase 2/100th of one percent (.0002) for each additional $10,000 of salary or portion thereof, the new rate to be applied to the entire salary.
The fee shall be based on the employee’s annual salary at the time of billing.
To the extent permitted by law, employees who pay the motor vehicle registration fee for the use of campus parking facilities by way of payroll deduction shall be given the option of paying said fee by way of a pretax payroll deduction.
Only employees deemed as authorized by the University shall have access to employee personnel files. All employees shall have reasonable access to their central personnel files to review their employee records. The request for review of such records shall be made in writing in advance to UHR and such review shall be during regular office hours. An employee may respond in writing to any document in the file. Such response shall become a part of the file.
In addition, upon a specific written request by an employee, the URA-AFT, through a designated steward or URA-AFT officer, shall have the right to review that employee’s file. Such request for review shall state the reason for the request and shall be scheduled in advance with UHR and shall take place during regular business hours. Grievances shall not be a part of the employee’s personnel file. When any such documents are found in the central personnel file, they shall be removed.
To the extent permitted by law and as described more particularly in Appendix B and Appendix C to this Agreement, as soon as practical after the effective date of this Agreement, the University shall upon presentation of a proper and duly signed authorization form, deduct from the salary of each employee in the collective negotiations unit the sum authorized by the employee, not to exceed the limits prescribed by law, for the purpose of contributing to the AFT Committee on Political Education (COPE). This provision applies to present and future members and non-member employees in the collective negotiations unit.
The fee deductions referred to above shall be forwarded to URA-AFT in accordance with the provisions of applicable law and as described more particularly in Appendix B and Appendix C to this Agreement.
Rutgers shall be responsible for reproducing the initial Agreement and will furnish no more than 2000 copies to the URA-AFT for distribution to employees in the unit. The printing cost shall be shared equally between Rutgers and the URA-AFT and the printing shall be done in house.
All employees shall be considered as probationary employees for the first one hundred twenty (120) calendar days of their employment. This probationary period may be extended without concurrence of the URA-AFT. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure.
Position Classification /Reclassification
Definition The process determines the appropriate classification and grade for new, vacant, and encumbered staff positions through a review of the position’s duties and responsibilities. A review will be conducted whenever a new position is created or when the functions of an existing position (either vacant or encumbered) change significantly and either the position holder and/or the department requests a re-evaluation of the position grade. Classification reviews focus on the contents of the position, not the performance, length of service, or personal qualifications of the employee. Major classification factors considered are:
Education & skills required
Determination of technical depth, breadth, and relation skills
• Problem solving
Environment- whether routine, standard, or broadly defined
Autonomy, freedom to act, impact on organization, authority
Process for Self-Initiated Reviews
1. An employee may self-initiate a request for reclassification of his/her position, no more often than once in a twelve (12) month period, by preparing the appropriate forms and submitting them to UHR. A supervisory signature is required prior to UHR review to confirm that the duties, responsibilities and requirements are accurately stated.
2. The review shall be completed within eight (8) weeks of receipt by UHR. If a self-initiated request for reclassification is denied, a written explanation will be provided to the employee.
3. The employee may appeal if dissatisfied with the result of the review by submitting a written request to UHR stating the basis for the appeal and including appropriate documentation. Appeal requests are to be submitted within six (6) weeks of notification of the original classification. UHR will conduct a telephone interview with the employee as part of the appeal process.
4. UHR will complete the appeal review within 8 weeks of receipt of the appeal request with an extension of thirty (30) calendar days if necessary.
5. The compensation for reclassifications to another grade will be effective retroactively to the payroll week start date following receipt of the completed request-for-review materials.
Eligible employees shall participate in the Public Employees’ Retirement System or the Alternate Benefits Program consistent with the rules and regulations governing these programs, and any changes in the rules and regulations made by the State of New Jersey.
Rutgers and the URA-AFT agree to establish jointly a committee chaired by a designee of REHS to discuss mutual problems concerning employee safety and health. The committee shall be a standing committee, and once constituted shall meet a minimum of twice a year to discuss overall safety and health problems of employees. Immediate safety problems should be reported to an appropriate supervisor or to the Department of Radiation and Environmental Health and Safety. The URA-AFT may appoint four (4) employees who shall not lose pay for the time spent at committee meetings.
I. Starting Salary for New Hires
A. External Hires
Salary Ranges – The normal starting salary for a successful external candidate for a vacancy in a salary range may be established by the hiring department at a salary rate up to 15 percent above the established range minimum salary. Hires beyond the 15 percent hiring range, but not in excess of the established range maximum, require VP/Provost approval and authorization.
Salary Grade Structures – For a vacancy in the grade structure, the normal starting salary may be established up to ten (10) percent beyond the midpoint of the grade. Exceptions will require the approval of the appropriate Vice President/Provost and UHR.
Hiring at rates in excess of the range or grade maximum, including requests for T-code appointments, are to be submitted to the Associate Vice President for University Human Resources or his or her designee for consideration and decision.
B. Internal Hires
The compensation level for a successful internal candidate (current Rutgers employee) for a job posting will be determined as detailed in the following section on Promotion or the section on lateral move as appropriate.
Promotion is the formal advancement of an individual from one position to a more responsible vacant position in a higher salary range or grade. Promotion results either when an employee is the successful applicant for such a position or when a department decides to promote an employee internally to such a position. All vacant positions that are to be filled must be reviewed by UHR. Affirmative Action procedures must be followed during the recruitment process.
The salary increase resulting from a promotion is determined as follows. (Use the same formula for employees who are promoted into a URA-AFT covered position from another unit.)
1. A minimum of five (5) percent up to a maximum of fifteen (15) percent increase to the employee’s salary at the discretion of the hiring authority. The new salary cannot be less than the minimum or more than the maximum of the new range or grade. For salary grades, most salaries are expected to cluster around the grade midpoint, which is the measure for the market rate. Hiring authorities must take this fact into consideration in determining the offer salary. An additional factor to take into consideration is whether the promotion results in an increase in the standard number of hours worked per week.
2. Under extraordinary circumstances, a Vice President or Provost may request that an exception be made to provide an increase in excess of the above parameters. Exception 21 requests should be forwarded to the Associate Vice President for Human Resources or his or her designee.
B. Effective Date of Promotion.
The effective date is the date on which, after all necessary approvals are received, the employee begins work in the new title.
III. Lateral Move
If an employee moves laterally (i.e., to a new position that is evaluated in the same range or grade as the position the employee is leaving), the employee will be placed in the new title but will remain at the same salary, unless the department determines that an in-range/grade adjustment is appropriate and approved in accordance with Section V.
IV. Job Reclassification
Job reclassification is the formal change in a position’s range or grade due to a substantive change in job content. Reclassification may be downward or upward with a corresponding change in compensation and possibly a change in job title. (See Article 33 regarding reclassification)
A. When a position has been reclassified to a higher range or grade, the effective date of the upward reclassification will be the payroll begin date following receipt of the completed Classification and Recruitment Form by the Newark Human Resources Office, the Camden Provost’s Office, or UHR in New Brunswick. The compensation level for the individual is determined by following the promotion policy in Section II.
B. When a position is reclassified to a lower range or grade, the compensation level for the individual is determined by the downgrade policy in Section VI.
V. In-Range/Grade Salary Adjustments
In-range/grade salary adjustments may be used to provide increases to employees who either transfer to a different position within the same salary range/grade or who assume a demonstrable increase in their job duties and outcomes within the same position. All requests for in-range/grade salary adjustments require concurrence by the supervisor, the department/division head, and the appropriate Vice President/Provost. Requests will be submitted to UHR to determine if the additional responsibilities added to the position are appropriate within the current range/grade. In-range/grade salary adjustments must satisfy the following parameters:
A. The salary adjustment should not exceed ten (10) percent.
B. The resulting salary does not exceed the salary range/grade maximum.
C. The employee has not had another in-range/grade salary adjustment within the last 12 months.
All requests that are outside of these parameters must be submitted to the Associate Vice President for University Human Resources or his or her designee for approval.
Moves to a lower job classification may occur as the result of an employee’s personal choice (voluntary downgrade); for documented inadequate job performance (deficiency downgrade); or when through no fault of the employee the university determines that the individual position should be reclassified downward (involuntary, no-fault downgrade).
An employee who is given notice of layoff but who, before removal from the payroll, is the successful applicant for a lower-rated position, will be compensated in accordance with Section VI.A. – Voluntary, below. An employee who is laid off and then rehired will be compensated in accordance with the Policy on Employment Protection, Section 60.4.3, of the University Policy Library.
If an employee moves into a position covered by a bargaining unit as a result of a downward reclassification or as a result of being a successful candidate, the rules for that unit apply.
Salary adjustments resulting from these downward moves are calculated as follows:
A. Voluntary and Deficiency Downgrades
1. If an employee voluntarily elects to move to a lower-rated job and received an appraisal rating of Meets Standards on his or her most recent performance evaluation, or if the downward move is a result of documented below-standard job performance or documented disciplinary action, the employee’s salary is reduced by a minimum of five (5) percent and up to a maximum of fifteen (15) percent. If the reduced salary exceeds the maximum of the lower range or grade, the individual will be placed at the maximum of the lower range or grade.
2. The dean, director, or department head must submit a written request for a salary reduction to the Associate Vice President for Human Resources or his or her designee for consideration and decision.
3. The adjusted salary is effective the first day of the pay period following the date the employee begins work in the lower-rated job title after all necessary approvals have been received.
B. Involuntary Downgrade (No Fault Downgrade)
When the university, through no fault of the employee, determines that a position should be reclassified downward, the individual is moved on to the lower range or grade at the same salary, not to exceed the maximum of the lower range or grade. If the salary falls above the range or grade maximum and the employee received an appraisal rating of Meets Standards on his or her most recent performance evaluation, the individual’s salary will be frozen (“red-circled”) until such time as the maximum is raised above that level, but not to exceed two years from the date the salary was frozen. If at the end of two years (2) the redcircled salary continues to exceed the maximum of the lower range or grade, the employee’s salary will be reduced to the maximum of the lower range or grade at that time.
This Section does not apply to positions supported by grant funds. When a position that is supported by grant funds is reclassified downward, compensation will be calculated as in Section VI.A. – Voluntary.
VII. Title Upgrade
When the job content of a title remains essentially the same but the range or grade is deemed to be incorrect and the title is given a higher range or grade, incumbents are moved to the higher range or grade as follows:
A. The employee retains the same salary in the new range or grade.
B. If the employee’s salary is below the minimum of the new range or grade, it will be increased to the minimum. VIII. Title Downgrade When the job content of a title remains essentially the same, but the range or grade is deemed to be incorrect and the title is given a lower range or grade, salary adjustments are calculated in accordance with Section VI.B – Involuntary Downgrade (No Fault Downgrade).
IX. Red-Circled Employees
A. When a red-circled employee is promoted or reclassified upward, the compensation level for the individual is determined in accordance with the promotion policy in Section II – Promotion.
B. When a red-circled employee is reclassified downward, the compensation is determined by the downgrade policy in Section VI.B – Involuntary Downgrade (No Fault Downgrade).
C. When a red-circled employee’s title is upgraded, salary is calculated in accordance with Section VII.
D. When a red-circled employee’s title is downgraded, salary is calculated in accordance with Section VIII.
Exceptions to this article may be granted only by the Associate Vice President for University Human Resources or his or her designee following written request by a dean, director, or department head.
XI. All determinations made pursuant to this Article shall be made at the sole and exclusive discretion of the University.
I. Salary Grades
All positions in the bargaining unit are assigned to one of the salary grades in existence prior to certification of the URA-AFT as the exclusive representative and these salary grade assignments shall continue unless changed pursuant to the position reclassification system set forth in Article 33.
There is a minimum, midpoint and maximum salary for each salary grade. The salary grades for each year of this Agreement are attached in Appendix D.
The job titles included in this bargaining unit as of the effective date of this Agreement and the corresponding salary grades are attached in Appendix E.
II. New Job Titles
New job titles established by the University after the effective date of this Agreement that are included in the URA-AFT bargaining unit shall be assigned a salary grade by the University according to its position classification system. The University then will provide the URA-AFT with a copy of the position description and the salary grade that has been assigned. Within fifteen (15) working days after receipt of this information, URA-AFT may ask UHR that the salary grade assigned to the new position be reconsidered. URA-AFT may submit any relevant information to UHR to be considered in its reconsideration. UHR will inform URA-AFT of the result of this reconsideration and will provide a written explanation why the salary grade assigned is appropriate. If the salary grade is different than the salary grade originally assigned, salary adjustments, if any, shall be implemented in accordance with Article 36 – Salary Adjustments.
Subject to the appropriation of and allocation to the University by the State of adequate funding for the specific purposes identified for the full period covered by this Agreement, the following economic provisions shall apply:
Employees who meet all the requirements listed below for a particular fiscal year are eligible to participate in the SCP subject to the following:
1. Employees in the bargaining unit on January 1 and who continue to be employed in a position included in the URA-AFT bargaining unit beyond the following July 1 shall be eligible to participate in the merit-based portion of SCP pursuant to C.2.a., C.3.a. and C.4.a. below.
2. Employees who were on a leave of absence for more than six months as of January 1 are not eligible to participate in the merit-based portion of the SCP in that fiscal year and, thus, will not be eligible for the next scheduled salary increase pursuant to C.2.a, C.3.a. and C.4.a. below. They will be eligible for the increases in C.2.b., C.3.b. and C.4.b. below.
3. Employees who accepted another position included in the bargaining unit are eligible to participate in the SCP in that fiscal year. Department heads from both the former and current units will collaborate on the performance appraisal and salary recommendations.
4. Employees who report to a new supervisor within a particular fiscal year are eligible for the SCP in that fiscal year. The new supervisor is responsible for discussing and collaborating with the former supervisor or department head, if available, to complete the evaluation and to make a salary recommendation.
5. Employees who retire after being evaluated, but are still on the University payroll on the date any SCP increase is paid, are eligible to receive any increase they have been awarded. Employees who announce their intent to retire must still be evaluated and considered for a salary increase under the SCP.
6. Employees who are temporarily red-circled as the result of a no-fault downgrade and are not eligible for SCP salary increases must still be evaluated. They are eligible for consideration for a bonus as described below.
B. SCP Procedure
1. Performance Evaluation Process:
a. Evaluations for all employees will be completed by April 30 of each fiscal year. The performance evaluation form is Appendix F of this Agreement. At the time of completion of the performance evaluation, the standards for the next year’s evaluation process will be set by employee’s supervisor and discussed with the employee.
b. Employees will be evaluated against the performance standards established during the previous evaluation process and any additions or modifications that have been communicated to the employee during the year.
c. Supervisors will notify employees of their performance evaluation ratings by May 15 of each year and will provide employees an opportunity to comment in writing by June 1. Comments shall be attached to the appraisal.
2. Performance Rating Categories
The two rating categories are:
a. Meets Standards–This rating encompasses a wide range of performance from the employee satisfactorily meeting job expectations to making exceptional contributions in advancing the objectives of their departments and/or the university.
b. Does Not Meet Standards–Employees who do not satisfactorily meet job expectations and overall do not consistently perform their assigned responsibilities adequately will be given this rating. Employees who receive this rating will be provided specific guidelines on how to improve performance and will be re-evaluated again by October 15 of that year.
C. Size of Salary Increase
In each year of the SCP the aggregate bargaining unit salary increases (including bonuses, if appropriate) shall be awarded in the amount of the percentages set forth in C. 1, C. 2, C. 3 and C. 4 below. The minimum and maximum salary for each salary grade shall be increased each year by the percentages set forth in C.1., C.2.b., C.3.b. and C.4.b. below. However, the awarding of a salary increase under the SCP shall not result in a salary that exceeds the maximum salary for the employee’s salary grade. Employees whose proposed salary increase would put them above the maximum salary for his/her salary grade shall receive a one–time bonus for the amount of a proposed increase that exceeds the maximum salary for the grade. Salary increases and bonuses, if any, for grant-funded employees shall be borne by, and shall be subject to the availability of funds for this purpose, the grant that supports the employee.
1. Fiscal Year 2007-2008:
Eligible employees shall receive a salary increase in the amount of 4.5% effective July 1, 2007.
2. Fiscal Year 2008-2009
a. A salary pool of 4% of the URA-AFT salary base as of March 1, 2008 for eligible bargaining unit employees shall be available for merit- based salary increases pursuant to this SCP effective July 1, 2008. Employees who are rated as “meet standards” shall receive an increase to base salary of no less than 1% and no more than 8%.
b. In addition to the above increases, eligible employees shall receive a salary increase in the amount of 1% effective July 1, 2008.
3. Fiscal Year 2009-2010
a. A salary pool of 3.5% of the URA-AFT salary base as of March 1, 2009 for eligible bargaining unit employees shall be available for merit- based salary increases pursuant to this SCP effective July 1, 2009. Employees who are rated as “meet standards” shall receive an increase to base salary of no less than 1% and no more than 7%.
b. In addition to the above increases, eligible employees shall receive a salary increase in the amount of 1.5% effective July 1, 2009.
4. Fiscal Year 2010-2011
a. A salary pool of 2% of the URA-AFT salary base as of March 1, 2010 for eligible bargaining unit employees shall be available for merit- based salary increases pursuant to this SCP effective July 1, 2010. Employees who are rated as “meet standards” shall receive an increase to base salary of no less than 1% and no more than 6%.
b. In addition to the above increases, eligible employees shall receive a salary increase in the amount of 2% effective July 1, 2010.
D. Special Circumstances
Salary increases granted to certain employees in the categories identified below pursuant to this SCP will be implemented as follows:
1. Eligible ten-month or part-time staff salary increases will be based on their prorated salary.
2. For extension service employees who are partially paid by a county, increases will be based upon their full salary, including the county portion.
3. For employees currently in an acting assignment, salary increases will be based on the pre-acting salary and then the acting rate will be recomputed.
E. Appeal Process
1. Employees who claim that SCP procedures were not followed, that there was a demonstrable factual inconsistency in the employee’s evaluation, or that they were not evaluated according to the performance standards for their job, may seek review only as described below, which shall be the sole and exclusive remedy and appeal for such claim. The judgment that forms the basis of whether an employee is evaluated as “meets standards” or “does not meet standards” and the size of a salary increase pursuant to the SCP shall be at the sole and exclusive discretion of the University and not subject to the above appeal process.
2. The employee may initiate a review within 30 days of receipt of the salary notification letter from University Human Resources or notification by the department where there is no salary change. The employee must inform his or her immediate supervisor in writing on a SCP Review Request Form available from University Human Resources of the claim that procedures have not have been followed, that there was a demonstrable factual inconsistency in the employee’s evaluation, or that he/she was not evaluated according to the performance standards for the job. The supervisor must provide a written response to the employee within 30 days of receipt of the employee’s completed Review Request Form.
3. If the employee is not satisfied with the supervisor’s written response, the employee may, within 30 days of receipt of the supervisor’s written response, request in writing a review of the matter by the dean, director or department head who shall meet with the employee and provide a written response within 30 days of receiving the request for review.
4. If the employee is not satisfied with the written response by the dean, director or department head, he or she may within 30 days request in writing a review of the matter by the Vice President or Provost (or designee) for the employee’s area who will provide a written response within 30 days of receiving the request for review. In all cases, the decision of the Vice President or Provost is final.
5. At each level, the employee shall provide a copy of all prior requests for review and prior written responses.
A. Seniority for the purpose of this Article shall be based upon an employee’s continuous length of service in the bargaining unit. In the event employees have the same seniority date, their respective seniority shall be determined by the date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names.
B. The Office of Labor Relations shall maintain seniority lists of employees, including the date of hire, and if applicable, the date of transfer into the bargaining unit. Copies of seniority lists shall be furnished quarterly to the URA-AFT.
C. Layoff shall be defined as the elimination of a position or positions within a particular work unit. A work unit is a budgetarily discrete academic or administrative entity. The URA-AFT shall be informed of all notices of layoff.
D. In the event of layoff, the following shall apply:
1. Where one or more employee(s) in the same title performing the same functional tasks in the same work unit is being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employee has the requisite qualifications and abilities to perform the work available.
2. With respect to laid off employees who have provided current contact information to UHR, the following shall apply:
a. The employee who is being laid off may meet with UHR’s designee to identify open positions for which he/she may be qualified, including but not limited to the title currently held. The laid off employee may apply for and may be interviewed and considered for such open positions for which he/she meets the requisite qualifications.
b. However, where more than one laid off employee meets the requisites qualifications for an open position, up to three laid off employees, as determined by seniority, shall be interviewed and considered.
E. Any employee who is laid off and has not been placed pursuant to Section D above shall be placed on a preferred recall list for a period of up to eighteen (18) months. Employees who have provided current contact information to UHR may request to be notified by UHR of openings in titles for which he/she has previously been identified to be qualified. The employee shall be 29 entitled to apply and be interviewed for those open positions, and if he/she has the requisite qualification and ability to perform the work shall be considered for that position.
F. If a position within the same title within the same work unit from which the employee was laid off is restored during the eighteen (18) month recall period, the employee who previously held the position shall be recalled. If more than one employee in the same title has been laid off from the same work unit they shall be recalled to those restored positions in order of seniority. Upon recall to employment an employee shall retain all seniority rights and benefits earned prior to being laid off and shall immediately begin to accrue additional seniority for all purposes.
G. Employees hired on a 10-month basis shall not be entitled to utilize the provisions of this Article during the 2-month period during which they are not employed.
The University and the URA-AFT understand and agree that all provisions of this Agreement are subject to law. In the event that any provision of this Agreement shall be rendered illegal or invalid under any applicable law, such illegality or invalidity shall affect only the particular provision which shall be deemed of no force and effect, but it shall not affect the remaining provisions of this Agreement. Upon request of either party, the parties agree to meet and negotiate in good faith regarding the provision so affected. In such event, after three negotiations sessions, either party may enlist the assistance of a mutually agreed upon mediator with the cost to be shared equally by the parties. The parties agree to meet with the mediator (together or separately as the mediator recommends) for no more than three meetings. There shall be no further impasse procedures in connection with these negotiations.
Sick leave is defined as a necessary period of absence because of the employee’s own illness or for exposure of the employee to contagious disease.
The meaning of sick leave may be extended to include a charge to the employee’s accrued sick leave time to provide medical care to a seriously ill family member as defined in the special circumstances described below. The number of days that the employee may charge to accrued sick leave time for the special circumstances described in sections 1 and 2, below, shall not exceed a total of fifteen (15) days per fiscal year.
The meaning of sick leave shall also be extended to include the following Special Circumstances:
1. Emergency Attendance. Employee’s emergency attendance on a member of the employee’s family (mother, father, spouse, domestic partner, child, step child, foster child, grandchild, sister, brother, grandmother, grandfather) who is seriously ill.
2. Medically Certified Care. Employee’s attendance upon the employee’s seriously ill family member (as defined above) at a hospital, health care facility, or at home, or the employee’s transport of the employee’s seriously ill family member to medical treatment, when properly certified by a Health Care Provider on the form designated in Appendix G. Use of sick leave will not be permitted where the employee has failed to provide the certified form.
Medically certified care does not cover such situations as illness not defined as seriously ill, matters unrelated to medical needs, baby-sitting, running errands, and/or running a business for the family member while he/she is ill.
Full-time employees shall accrue fifteen (15) days of sick leave in each fiscal year at the rate of one and one fourth (1-1/4) days per month. During the first year of employment, employees will earn sick leave at the rate of one (1) day per month of service except that employees appointed on July 1 will earn sick leave at the rate of one and one fourth (1-1/4) days per month.
Regularly appointed part-time staff employees accrue sick leave on the same basis as full-time employees except that such accrual shall be prorated according to the percentage of time appointed. For example, a 50% time employee earns seven and one-half (7.5) full-time days by the end of the fiscal year (fifteen (15) full-time days at 50% equals seven and one-half (7.5) full-time days.)
Unused sick leave is cumulative.
Employees are expected to notify their supervisor preferably by telephone as early as possible at the beginning of the work day on which sick leave is used and to keep the supervisor adequately informed should the absence extend beyond one day.
Employees who require more sick leave than accumulated will have their pay adjusted accordingly except that the employee may charge such time to vacation or administrative leave. In such cases, all sick leave policies will apply. Employees may request that the supervisor make available for the employee’s review a current record of the employee’s sick leave, such request will not be unreasonably denied.
Credit will be granted for documented unused sick leave accumulated during periods of previous employment at Rutgers. Credit will also be granted for documented unused sick leave accumulated at an agency of the State of New Jersey, including a state college or university, when the individual comes to work in an eligible position at Rutgers with no break in service from the date of termination at the previous state agency.
No cash payment is made for unused sick leave except upon retirement in accordance with state legislation and implementing regulations. If the employee had a break in service, sick leave accumulated prior to the break will not be included in the lump sum calculation unless the break occurred as the result of a layoff. Further details of this payment appear in policy section University Policy Library Section 60.3.17 Unused Sick Time – Policy on the Administration of Payments to University Staff Retirees.
Employees appointed on a regular 10-month basis (those employed for the standard academic year) receive all benefits included in this Agreement on a pro-rata basis except for holiday pay which will be granted only for those holidays that fall during the academic year only.
Employees appointed on a regular part-time basis receive all paid time off benefits for which they are eligible on a pro-rata basis.
Regularly appointed employees who are appointed on a full time basis as of the first day of class for the semester in which tuition remission is sought may qualify for tuition remission for themselves and their dependent children subject to, and as set forth in, the University’s Educational Benefits policy in Section 60.2.1 of the University Policy Library so long as employees and their dependent children comply with all administrative and academic requirements. This benefit shall extend to dependent children of employees who are enrolled as part time students in an undergraduate program studying for the first baccalaureate degree.
A. The URA-AFT agrees to furnish to the University a complete list of all officers and representatives of the URA-AFT, including titles, addresses, campus phone numbers and designation of responsibility, and to keep such list current.
B. The University agrees to furnish to the URA-AFT by the 1st of every month of each year a register of the employees covered by this Agreement. The register shall be in the form of an Excel file made available electronically, with the following fields:
|1. Last Name||9. Department|
|2. First Name||10. Campus Address|
|3. Home address||11. Campus Phone Extension|
|4. Title||12. 10 or 12 month|
|5. Job Class Code||13. Workweek designation|
|6. Grade||14. Percent Time|
|7. Annual Base Salary||15. Employment Date|
|8. Position Number (if applicable)||16. Gender|
C. The University agrees to provide the URA-AFT, on a monthly basis, with the posted job vacancy notification for every position that was posted in that month and will provide a copy of each generic position summary for union titles when and if they are developed.
D. The University further agrees to provide the URA-AFT, on a quarterly basis, with a report of all reclassifications within the union.
The University shall grant unpaid leave without the payment or the accrual of benefits for up to three (3) employees (at any one time) who become URA-AFT officers/employees. Seniority shall continue to accrue during such leave.
Such employees shall be entitled to reemployment by Rutgers to their position, if it exists at the time of application to return to Rutgers’ employment, or to a similar position, if one exists, providing that their absence does not exceed ten (10) years and application is made within ninety (90) calendar days immediately following separation from union office/union employment.
Authorized representatives of the URA-AFT, who are not employees of Rutgers, shall be admitted to the premises of Rutgers under the condition that reasonable access to workplace and facilities will be granted so long as it does not interfere with or disrupt ongoing work or university activities and operations. Prior to entering the premises of Rutgers, the URA-AFT representatives shall make their presence and destination known to the Office of Labor Relations or the Department/Unit Head or his/her representative responsible for the area to be visited.
Stewards (not to exceed eighty eight (88) in number throughout the University) shall be designated in specific, geographic areas. Names of the employees selected to act as Stewards and their areas of responsibility who represent employees shall be certified in writing to the Office of Labor Relations annually in January by the Local Union.
Stewards shall be granted a reasonable amount of time during their regular working hours, without loss of pay, to interview an employee who has a grievance and to discuss the grievance with the employee’s immediate supervisor. The URA-AFT President or his/her designee shall be granted a reasonable amount of time during his/her regular working hours, without loss of pay to present, discuss and adjust grievances with Rutgers, provided such person is an employee of Rutgers. When a designee is assigned to act in a particular grievance, the URA-AFT will give Rutgers prior notice. Neither a steward, nor a Union officer, nor a designee shall leave his/her work without first obtaining permission from his/her immediate supervisor, which permission shall not be unreasonable withheld.
The URA-AFT may have eleven (11) members, who are in the bargaining unit covered by this Agreement, on the contract negotiating committee. Rutgers agrees that these members shall not lose pay for time spent during their regular working hours for attendance at negotiations sessions.
Rutgers agrees to permit authorized representatives of the URA-AFT employed by Rutgers to take time off without loss of pay for the purpose of attending union conventions, conferences and educational classes, provided that the total amount of such time off without loss of pay shall not exceed fifty (50) days per fiscal year of this Agreement. Permission for such time off must be obtained from Rutgers. Such permission shall not be unreasonably withheld. Names of persons attending such activities and time to be charged shall be certified in writing to the Office of Labor Relations.
In addition Rutgers agrees to permit authorized representatives of the URA-AFT employed by Rutgers to take time off without pay for the purpose of attending union conventions, conferences and educational classes. The total amount of such time off is as follows:
Shall not exceed 50 days per first fiscal year of this agreement (7/1/07-6/30/08)
Shall not exceed 40 days per second fiscal year of this agreement (7/1/08-6/30/09)
Shall not exceed 30 days per third fiscal year of this agreement (7/1/09-6/30/10)
Shall not exceed 25 days per fourth fiscal year of this agreement (7/1/10-6/30/11)
Permission for such time off must be obtained from Rutgers. Such permission shall not be unreasonably withheld. Names of persons attending such activities and time to be charged shall be certified in writing to the Office of Labor Relations.
A. Union Dues
Rutgers agrees to deduct from the paycheck the biweekly union dues of each bargaining unit member, as defined herein, who furnishes a voluntary written authorization to the URA-AFT for such deduction, on a form acceptable to Rutgers. The URA-AFT shall remit signed authorization forms to the Office of Labor Relations. Each bargaining unit member may cancel such written authorization by giving written notice of such cancellation to Rutgers and the URA-AFT between July 1 and July 15 of each calendar year. The amount of union dues to be deducted by Rutgers from the bargaining unit member paycheck shall be in such amount as may be certified to Rutgers by the URA-AFT at least thirty (30) days prior to the date on which deduction of union dues is to be made. Deduction of union dues made pursuant hereto shall be remitted by Rutgers to the URA-AFT every four (4) weeks together with a list of the names of bargaining unit members from whose pay such deductions were made.
B. Representation Fee
1. Representation Fee Deduction For Employees In The Bargaining Unit At The Time of Ratification
The parties agree that effective approximately thirty (30) days after ratification of this agreement all employees in the bargaining unit who do not become members of the URA-AFT shall have deducted from their salaries and forwarded to the URA-AFT a representation fee, in such an amount as permitted by law, in a manner as provided below.
2. Representation Fee Amount
At least thirty (30) days before the effective date of the representation fee, or any subsequent modification thereof, the URA-AFT shall notify the University of the biweekly amount to be deducted from non-members’ salaries. Any change in the representation fee shall be made upon written notification to the University.
3. Representation Fee Schedule
The representation fee shall be deducted from nonmembers’ salaries in equal biweekly installments. Representation fee deductions from the salaries of all nonmember employees shall commence on the payroll begin date as follows: thirty (30) days after the expiration of an union eligible employee’s probationary period; or thirty (30) days after entry into the bargaining unit for employees who are serving in another university position at the time of entry into the unit; or the tenth (10th) day following reentry into the bargaining unit for employees who previously served in bargaining unit positions and who continued in the employ of the University in a nonbargaining unit position. For the purpose of this Article, ten (10) month employees shall be considered to be in continuous employment.
If, during the course of the year, the nonmember becomes a URA-AFT member, the University shall cease deducting the representation fee and commence deducting union dues after receipt of a voluntary written authorization for such deduction on a form acceptable to Rutgers.
The URA-AFT hereby agrees to indemnify, defend, and save harmless the University from any claim, suit or action, or judgments, including reasonable costs of defense which may be brought at law or in equity or before any administrative agency with regard to or arising from the deduction from the salaries of any employee of any sum of money as a representation fee under the provisions of the Agreement.
A. For a day or days when the University is officially declared as “Closed” by the President or appropriate Vice-President, employees shall not be required to charge vacation days, administrative leave, or personal holidays to avoid loss of pay.
B. In addition, on any day or days in which all classes are cancelled on a particular campus (Camden, Newark, or New Brunswick) by the appropriate Vice-President or Provost due to a weather or other emergency situation, the following will apply regarding attendance:
Lateness – The employee shall notify his/her supervisor as soon as possible if it is necessary to be late in reporting to work. The employee may charge any lost time to administrative leave, vacation, or personal holiday if available. If no such time is available, the employee will have his/her salary appropriately adjusted for the lost time. There will be no disciplinary action taken for such lateness.
Absence – The employee shall notify his/her supervisor as soon as possible if it is necessary that he/she be absent. The employee may charge the day to administrative leave, vacation, or personal holiday if available, or will have his/her salary appropriately adjusted. There will be no disciplinary action taken for such absence.
Leaving Early – The employee must request and receive permission from the appropriate supervisor to leave early. Such permission shall not be unreasonably denied. Employees who are allowed to leave early may charge the time to administrative leave, vacation, or personal holiday if available. If no such time is available, the employee will have his/her salary appropriately adjusted for the lost time.
C. Sections A and B of this Article do not apply to those employees previously designated as “essential” personnel. Essential personnel are required to report to work and remain at work unless advised differently by an appropriate supervisor.
Rutgers and the URA-AFT agree that all members of the bargaining unit shall enjoy and be subject to all University regulations, procedures and the University Policy Library applicable to administrative employees except as may be otherwise set forth in this Agreement. There shall be no duplication or pyramiding of benefits. During the life of this Agreement, any change in University regulations, procedures, or in the University Policy Library that constitutes a change in a mandatorily negotiable term and condition of employment for members of the bargaining unit shall be negotiated.
A. Use of University Facilities
Representatives of the URA-AFT shall be permitted to transact official business on University property at all reasonable times, provided that this shall not interfere with or interrupt normal University operations.
The URA-AFT and its representatives shall have the right to use University buildings at all reasonable hours for meetings provided they follow regular University procedures.
The URA-AFT shall have the right to make reasonable use of the University facilities and equipment, including duplicating, computing and office equipment, and available audiovisual equipment, all in accordance with University procedures. The URA-AFT shall pay reasonable costs as established by the University for the use of facilities and equipment.
B. Campus Mail
1. To the extent permitted by law, upon the effective date of this Agreement, the University will carry without charge by University campus mail up to three times per semester the URA-AFT newsletter to its bargaining unit members. The URA-AFT will not send, and the University will not carry, by campus mail any other matter except upon payment of Appropriate United States Postal charges.
2. The URA-AFT shall indemnify and save harmless the University against any and all claims, demands, suits, judgments, settlements, or any other forms of liability, including reasonable counsel fees and other costs of defense, that shall arise out of or by reason of any action taken by the University to comply with Section B.1. above, including liability for United States Postal charges, or that arise out of or by reason of actions taken by the University in connection with defending the legality of this indemnification provision. The URA-AFT shall remit payment for said fees and costs to the University within 30 days after receipt of a detailed statement of services rendered in connection with said defense. If full payment is not remitted within 30 days, the University’s obligation pursuant to Section B.1. shall be suspended for so long as this statement of services remains unpaid.
The University shall retain its right to determine the course of conduct, including but not limited to, the right to select counsel and determine strategy, in any action arising out of or by reason of the provisions of this Section B.
In the event this indemnification provision is found by any court or administrative agency of competent jurisdiction to be illegal or against public policy, then the University’s obligation under Section B.1. above shall terminate.
C. Electronic Communication
1. So long as use is limited to non-work time and use is subject to all policies, procedures and practices generally applicable to use of University email and the University’s email system, including those applicable on a University-wide, campus, department, program or unit basis, the URA-AFT and its officers and stewards shall be entitled to use of University electronic mail (email) for communication with one another, with the University’s representatives and with bargaining unit members for purposes of scheduling meetings, responding to informational inquiries, disseminating information pertaining to normal union activities, and bargaining unit employees shall be entitled to use their University email accounts to send and receive information pertaining to normal union activities.
2. The URA-AFT shall be entitled to utilize services such as online event calendars to notify bargaining unit members of union activities so long as said services are generally available for use by the University community. The URA-AFT further agrees that such use shall conform to any policies and procedures that may be adopted by the University for use of such services and that apply equally to all such notices.
Employees covered under this agreement shall enjoy and accrue vacation as set forth in University Policy Library Section 60.3.10-Vacation For Staff Members, except that effective July 1, 2008, 35 hour, 37.5 hour (NE) and 40 hour employees shall, upon their tenth (10th) anniversary date of service, accrue vacation at the rate of 1.66 days per full month worked through the completion of twenty years (20) of service, after which the subsequent accrual rates set forth in the Policy will apply.
Full-time employees covered under this agreement and their eligible dependents (unmarried children under the age of 23) are eligible to participate in the Vision Care Program established by the University. This program shall provide for up to a $45 reimbursement for single vision corrective lenses and up to a $50 reimbursement for bifocal or trifocal corrective lenses. Employees and eligible dependents are entitled to receive one reimbursement for lenses purchased over a two year period, with each two year period determined by the University.
This agreement shall be effective from December 5, 2007 until 12 midnight on June 30, 2011.