COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
AND
UAW LOCAL 4121
TABLE OF CONTENTS
PREAMBLE...........................................................................
ARTICLE 1
- PURPOSE AND INTENT.......................................................
ARTICLE 2
- RECOGNITION.......................................................................
ARTICLE 3
- DEFINITIONS..........................................................................
ARTICLE 4
- APPOINTMENT & REAPPOINTMENT
NOTIFICATION AND JOB DESCRIPTION.........................
ARTICLE 5
- CHILDCARE...........................................................................
ARTICLE 6
- DISCIPLINE OR DISMISSAL................................................
ARTICLE 7
- FEE AND TUITION WAIVERS..............................................
ARTICLE 8
- GRIEVANCE PROCEDURE................................................
ARTICLE 9 - HEALTH
AND SAFETY.........................................................
ARTICLE 10 -
HOLIDAYS..............................................................................
ARTICLE 11 -
INTELLECTUAL PROPERTY AND
SCHOLARLY MISCONDUCT..............................................
ARTICLE 12 -
INSURANCE PROGRAMS...................................................
ARTICLE 13 -
JOB POSTING........................................................................
ARTICLE 14 -
JOB TITLES AND CLASSIFICATIONS...............................
ARTICLE 15 -
LAYOFF...................................................................................
ARTICLE 16 -
LEAVES OF ABSENCE.......................................................
ARTICLE 17 - MANAGEMENT RIGHTS......................................................
ARTICLE 18 -
NO STRIKES, NO LOCKOUTS............................................
ARTICLE 19 -
NON-DISCRIMINATION AND HARASSMENT...................
ARTICLE 20 -
PARKING AND TRANSIT......................................................
ARTICLE 21 -
PERSONNEL FILES.............................................................
ARTICLE 22 -
SEVERABILITY......................................................................
ARTICLE 23 -
SUBCONTRACTING.............................................................
ARTICLE 24 -
SUMMER NON-REGISTERED GRADUATE RESEARCH STUDENT
ASSISTANTS.........................................................................
ARTICLE 25 -
TRAINING................................................................................
ARTICLE 26 -
TRAVEL..................................................................................
ARTICLE 27 -
UNION-MANAGEMENT COMMITTEE................................
ARTICLE 28 -
UNION RIGHTS.......................................................................
ARTICLE 29 -
UNION SECURITY..................................................................
ARTICLE 30 -
VOLUNTARY COMMUNITY ACTION
PROGRAM (VCAP)..............................................................
ARTICLE 31 -
VACATION..............................................................................
ARTICLE 32 -
WAGES...................................................................................
ARTICLE 33 -
WORKLOAD...........................................................................
ARTICLE 34 -
WORKSPACE AND MATERIALS.......................................
ARTICLE 35 -
DURATION..............................................................................
LETTER OF UNDERSTANDING A – WAGES..............................................
LETTER OF UNDERSTANDING B – UNION RIGHTS.................................
LETTER OF UNDERSTANDING C – WORKERS COMPENSATION.......
LETTER OF UNDERSTANDING D – JOB TITLES AND
CLASSIFICATIONS...........................
PREAMBLE
This
Agreement is made and entered into by and between the
ARTICLE 1 - PURPOSE AND INTENT
Section 1. It
is the purpose of this Agreement to provide for the wages, hours and terms and
conditions of employment of the employees covered by this Agreement, to
recognize the continuing joint responsibility of the parties to provide
efficient and uninterrupted services and satisfactory employee conduct to the
public, and to provide an orderly, prompt, peaceful and equitable procedure for
the resolution of differences between employees and the Employer.
Section 2. The
University will not engage in any activity or enter an agreement or otherwise
discuss with any other group or individual for the purpose or effect of
undermining the
Section 3. If,
during its term, the parties hereto should mutually agree to modify, amend or
alter the provisions of this Agreement, in any respect, any such changes shall
be effective only if reduced to writing and executed by the authorized
representatives of the University and the International Union, UAW and its
Local Union.
Section 4. The University will not
enter into any agreement with employees in the unit for the purpose of
undermining the
Section 5. Transitioned
Maintenance of Benefits.
A. All
material benefits to employees attributable to the ASE positions and which are
set forth in written University policy existing as of the date of the Agreement
shall be continued unless involving a subject covered by the terms of this
Agreement.
B. Any prior benefit not the subject of a
written University policy shall be treated as written if such prior benefit has
been:
1.
a consistent and
ascertainable course of conduct;
2.
engaged in for
some reasonable length of time;
3.
of which both
parties (the University and the
4.
which does not
alter the written terms of this Agreement or otherwise restrict the rights of
the University under this Agreement;
5.
which is in
respect to a given set of specific circumstances and conditions; and
6.
involves a group of
employees in a department or hiring unit.
C. The burden is on the
ARTICLE 2 - RECOGNITION
In
accordance with PERC Case No. 16288-E-02-2699, PERC Decisions 8315-PECB and
8315-B, and RCW 41.56.203, the
ARTICLE 3 - DEFINITIONS
Section 1. The term “ASE” (Academic
Student Employee) shall mean employees covered by this Agreement.
Section 2. The term “Salaried ASE”
shall mean an ASE who is appointed on a percentage FTE basis. Appointment percentages may vary, but are
normally fifty percent (50%) for at least one academic quarter.
Section 3. The term “Hourly ASE” shall
mean an ASE who is engaged in projects or assignments for the University on an
hourly basis.
Section 4. The term “Academic Year”
shall mean the Autumn, Winter, and Spring quarters
according to the University calendar.
ARTICLE 4 – APPOINTMENT AND
REAPPOINTMENT
NOTIFICATION AND JOB DESCRIPTION
Section 1. When sufficient funding is
available, offers of 50% FTE appointment and reappointment for positions that
are not open hire will be for one academic year (Autumn,
Winter, and Spring) or longer. It is
recognized that differences in course load between academic quarters and the
need to spread available support among students (e.g., three students get two
quarters) are among legitimate reasons for offering less than a full academic
year of support. An ASE has the right to
be released from any quarter(s) of an appointment provided that the ASE gives
at least 30 days notice prior to the beginning of the quarter and the nature of
the job duties does not require continuity of service by the ASE.
Section 2. The University shall provide a
written letter offering an individual an appointment or reappointment.
A. Incoming students shall be notified of their appointments
no later than April 1st, and will have until April 15th
to respond to the offer.
B. Continuing students whose appointments begin in
Autumn Quarter shall be notified of their appointments no later than June 1st
and will have two weeks to respond to the offer, except in exceptional
situations as outlined in Section 3.
C. Students whose appointments begin in any other
quarter shall be notified at least 30 days prior to the beginning of the work
assignment and will have one week to respond to the offer, except in
exceptional situations as outlined in Section 3.
Section 3. Exceptional situations, for
purposes of this Article, are those situations in which the appointment cannot
be filled by the notification deadline, or those situations in which an appointment
has been filled but vacated due to an unforeseeable circumstance. The parties recognize that the need for
hourly employees may not be consistent with the above schedule. In exceptional situations, students will be
notified of their appointments as soon as practicable. These situations shall not result in a
reduction in the compensation of a reassigned ASE’s
accepted appointment, as provided in Article 15 (Layoff) in this Agreement.
Section 4. Applicants who are not initially
offered appointment or reappointment, but who are placed on an alternate list,
will be provided a written notice of their status as alternate candidates in
accordance with the notification deadlines in Section 2.
Section 5. The letter offering appointment
will include the following information:
Section 6. Job
Description. At least three
weeks prior to the commencement of each quarter, the University shall provide ASEs with documentation that will set forth the specific
duties of the appointment for that quarter, including assigned course, lab, or
research project (if applicable), the faculty member or supervisor to whom the
ASE will report, procedures used for evaluation (if any), course meeting times
and location (if applicable), the maximum number of students for which the ASE
will be responsible (if applicable), office hours (if applicable), training
programs (if applicable), and work location.
In the case of an ASE whose job description is not expected to change
for at least a year, the documentation may be provided once at the beginning of
the appointment, and thereafter when duties change. In exceptional situations, ASEs will be given a job description (or changes to a job
description) as soon as practicable, but no later than
the first day of the work assignment or reassignment.
ARTICLE 5 – CHILDCARE
Section 1. ASEs
will continue to be eligible to apply for the Childcare Assistance Program,
which provides eligible student parents with direct financial assistance to
cover basic childcare costs.
Section 2. ASEs
shall be eligible for Sick Child Care Services (currently TLC operated through
Section 3. An ASE representative will
be appointed annually to the Advisory Committee on Work/Life Issues to further
the goal of improving access to affordable on-site childcare for ASEs and to address equity in eligibility for the Childcare
Assistance Program.
ARTICLE 6 – DISCIPLINE OR DISMISSAL
Section 1. ASEs shall only be subject to discipline or dismissal for
just cause.
Section 2. It is recognized that ASE
appointments cease at the end of a designated period, and the cessation of such
an appointment is not subject to the just cause requirement. Discipline or dismissal
as used in this Article refers to actions taken involving job related
misconduct and does not include any action based on academic performance. No decision made by the University concerning
academic discipline or dismissal of a student are subject to this Agreement.
Section 3. In the event disciplinary
action will not result in a suspension or dismissal, the ASE shall be provided
with a copy of the disciplinary action.
The ASE may request a conference with a Union representative and the supervisor
to discuss the discipline prior to the disciplinary action being placed in the ASE’s file.
Section 4. In the event that suspension
or dismissal of an ASE is contemplated, the University shall:
1.
Notify the ASE in writing of the contemplated action. The notice shall
include a statement of reasons for the contemplated action, which shall include
the nature of the alleged violation, the level of discipline contemplated,
notice of a right to a conference, and notice of the right to Union
representation. Upon request, the ASE shall be entitled to any materials (such
as an investigative report) that have been prepared, although confidential
information and witness statements may be withheld; and
2.
Offer a disciplinary conference to be held with the Department Chair (or
designee) or Hiring Unit Director (or designee) at least three (3) days after
the written notice.
Section 5. The ASE shall be entitled to
Union representation at the conference, at which the Union representative shall
be afforded the opportunity to speak on behalf of the employee and shall
otherwise be entitled to represent the employee.
Section 6. During the conference, the
ASE shall be apprised of the charges and shall have an opportunity to respond
to the charges.
Section 7. An ASE who is disciplined or
discharged shall be entitled to file a grievance at the second step of the
grievance procedure. The ASE shall have fourteen (14) calendar days from the
date of the action to file a grievance.
Section 8. The
Section 9. The University may place an
ASE on paid investigatory leave without prior notice, in order to investigate
allegations of misconduct or dereliction of duty which, in the judgment of the
University, warrant immediately relieving the ASE from all work duties and/or
require removing the ASE from the premises. The
ARTICLE 7 – FEE AND TUITION WAIVERS
Tuition
and fee waivers for ASEs with a 50% FTE appointment
will be maintained at their current rates/level.
ARTICLE 8 - GRIEVANCE PROCEDURE
Section 1. The parties recognize that
disputes may occasionally arise concerning the terms and conditions of this
Agreement and such disputes shall be resolved through this grievance procedure.
Section 2. A grievance is a claim by an
employee or group of employees covered by this Agreement,
or by the
Section 3. The parties support the resolution of problems at the lowest possible level and
to that end encourage informal discussions to resolve problems without
the grievance procedure. Prior to
initiating a grievance, the aggrieved party is encouraged to discuss the matter
with the immediate supervisor. If requested, a Union representative may be
involved in the discussion. Resolutions from pre-grievance discussions,
although final, shall not be precedential.
Section 4. Step One. A
grievance must be filed in writing by the
The
grievance must be filed within twenty-one (21) calendar days from the
occurrence of the events giving rise to the grievance, or from the time at
which the aggrieved individual should reasonably have become aware of the
grievance. The Chair (or designee) or
hiring unit director (or designee) shall meet with the grievant and the
Resolutions at the First Step, although
final, shall not be precedential.
Step
Two – If the
Step
Three – Arbitration
1. In
the event the parties are unable to resolve the grievance in Step 2, the matter
may be appealed to an impartial arbitrator for resolution within fourteen (14)
calendar days of receiving the Step 2 decision. The submission of the matter to
arbitration shall be provided to the Director of Labor Relations, and shall
state the issue to be arbitrated, and the remedy that is sought.
2. Selection
of an arbitrator.
a. The
parties agree to mutually select a panel of five (5) arbitrators who will
preside over complaints appealed to arbitration.
b. In
the event the parties are unable to mutually select a panel, the parties shall
request a panel of Academy qualified arbitrators from
c. Either
party may request that a panel member be removed provided a 30-day notice is
given to the other party.
d. Grievances
appealed to arbitration shall be rotated between the panel members, except
that, in the event scheduling problems exist, either party may request that the
panel member next scheduled may be passed over.
3. Arbitration
hearings shall be scheduled within 60 days of the appeal to arbitration
whenever possible.
4. The
arbitrator shall conduct a hearing in accordance with the rules of the American
Arbitration Association. The arbitrator
shall render a decision on the grievance within 30 days of the close of the
hearing.
5. The
decision of the arbitrator shall be binding on all parties.
6. The
expenses and fees of the arbitrator shall be shared equally by the
7. The
parties agree that the arbitrator shall not have the power or jurisdiction to
render a decision that adds to, subtracts from, alters, amends or modifies in
any way the terms and conditions of Agreement.
The arbitrator shall have no jurisdiction or authority to substitute
his/her judgment for any academic judgment made by the University.
8. In
disciplinary cases, the remedy available to the arbitrator shall not exceed
making the employee whole for the remainder of the individual’s appointment
period.
9. Each
party shall bear its own fees and expenses in presenting its case, including
the costs of legal representation.
Section 5. Time Limits. Failure to file or appeal a grievance within
the specified time periods shall constitute a waiver of the grievance, and the
matter shall be deemed resolved. By
mutual written agreement, the parties may extend any and all time limits.
Section 6. The failure by the Employer
to give a decision within the prescribed time limits under this Article shall
permit the
ARTICLE 9 – HEALTH AND SAFETY
Section 1. In compliance with campus health and safety policies
and procedures, the University shall make reasonable efforts to maintain in
safe working condition the workplace and equipment required to carry out
assigned duties.
Section 2. The University shall provide first aid
kits, information, and training for all ASEs in
workplaces that involve the use of or exposure to hazardous materials or who
work in a hazardous environment.
Section 3. ASEs
shall not be required to work in conditions that pose an imminent threat to
health and safety. All work by an ASE shall be performed in conformity with
applicable safety standards. Should an
ASE become aware of a condition he/she believes is unhealthy or dangerous,
he/she shall immediately report the condition to a supervisor and/or the
Environmental Health and Safety Department.
Section 4. The
University shall supply and maintain all equipment, tools, and materials needed
to carry out job duties safely.
Section 5. The
University shall make reasonable effort to provide and maintain safe buildings
and facilities. The University shall
assess the hazards to which ASEs are exposed and
provide appropriate personal protective equipment, including protective safety
glasses where necessary.
Section 6. The
University shall make available training to all ASEs
in first aid, CPR, use of fire extinguishers, and disaster preparedness.
Section 7. The
University will provide as much advance notice as possible to ASEs likely to be affected by an asbestos removal project.
Section 8. The University
shall provide the
Section 9. For ASEs with a disability, the University will provide job
related furniture and equipment that would constitute a reasonable
accommodation for the disability.
ARTICLE 10 – HOLIDAYS
Section 1. ASEs shall not be required to work on the following
holidays which occur during the term of their appointment, except as provided
in Section 4 of this Article.
New Year’s Day
Martin Luther King, Jr. Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Any other UW established holidays
These
holidays will be observed on the date designated by the University for the
University community.
Section 2. ASEs
employed 50% FTE for three or more quarters during the 12-month period starting
September 16th shall be entitled to one personal holiday during that
12-month period. Personal holidays must
be requested in advance and require that the ASE find an acceptable substitute
for scheduled work activities, if any.
Section 3. The University recognizes that
there are religious holidays that are not currently UW holidays. The University shall make every good faith
effort to accommodate an ASE who wishes to observe other recognized religious
holidays.
Section 4. Any ASE required by the
University to work on a University holiday may arrange with the appropriate
supervisor for a mutually agreeable alternative within the same quarter.
ARTICLE 11 – INTELLECTUAL PROPERTY
AND SCHOLARLY MISCONDUCT
Section 1. Volume 4, Part 5, Chapter 7 of
the University Handbook (“Patent, Invention and Copyright Policy”) shall be
incorporated into this Agreement in its entirety.
Section 2. Volume 4, Part 9, Chapter 1 of
the University Handbook (“Scientific and Research Misconduct”) shall be
incorporated into this Agreement in its entirety.
Section 3. The
Section 4. ASEs
may, at their option, request the
Section 5. The University retains the right
to amend, change or alter these policies in the Handbook at any time. The University will discuss any substantive
changes with the
Section 6. The parties agree that the only
time the Grievance Procedure of this Agreement will apply to these policies is
in the event of dismissal or discipline of an ASE as a result of these
policies.
ARTICLE 12 – INSURANCE PROGRAMS
Section
1. The current Graduate Appointee
Insurance Plan (GAIP) shall be amended as follows, effective
A.
Health, dental
and vision coverage for eligible dependents shall be provided at the following
costs to the ASE:
1.
Forty percent
(40%) for the 2007/2008 plan year.
2.
Thirty-five
percent (35%) for the 2008/2009 plan year.
3.
Thirty-five
percent (35%) for the 2009/2010 plan year.
B.
Lab charges
incurred at or referred from the
C.
Plan will mirror
the coverage and benefits level of the preventative care/immunization schedule
provided by the 2007 Washington State Uniform Medical Plan.
D.
The number of
available outpatient mental health visits shall be increased to 25 per plan
year.
E.
All coverages will be continued at the University’s expense
during any approved leave as enumerated in Article 16, Leaves of Absence,
Section 4.
Section
2. Joint Health Care Committee. A Joint Employer-UAW Health Care Committee
shall be established to discuss quality, administrative, and service matters
pertaining to GAIP. The Joint Health
Care Committee (JHCC) will be comprised of appropriate representatives of both
the UAW and the University with other specialists to be invited as required to
conduct JHCC business. The JHCC will
meet at least once per year and can meet as necessary by mutual agreement of
the parties.
ARTICLE 13 - JOB POSTING
Section
1. The University shall create and
maintain a central website and shall post information on it regarding open hire
ASE positions. Open hire positions are
those positions not used to fulfill a commitment of support made to a student,
either (a) at the time of admission or (b) under an existing advising
relationship with a faculty member(s).
The University shall notify the
Section
2. Open hire positions may be announced
to all eligible applicants within a Department or Hiring Unit without being
posted to the University’s central website.
The application deadline for Departmental or Hiring Unit postings shall
be one week, except in emergency situations.
If the position is not filled after two weeks, it shall be posted to the
University’s central website.
Section
3. Application deadlines for positions
posted to the central website shall be two weeks after jobs are posted, except
in emergency situations. Notification
shall take place for appointments not more than two weeks after applications
are due.
Section
4. All postings or re-postings shall
contain the following information:
A.
An employment non-discrimination statement.
B.
Classification and job descriptions.
C. Procedures regarding the
application and re-application process including the name and location of the
office where inquiries and applications may be made.
D.
Hiring criteria.
E.
Job requirements and qualifications.
F.
Deadlines for application, acceptance and notification.
Section
5. The determination of job requirements
and qualifications shall be made by the University. Once the University has determined the hiring
criteria, they shall not be modified to be more restrictive within the same
hiring period.
Section
6. Re-posted positions shall remain
posted at a central campus website for no less than one week. The application deadline shall be no less
than one week from the time of re-posting.
Section
7. For the purpose of this Article an
emergency situation is one in which the beginning of the appointment period
must begin less than a week after the position is posted.
ARTICLE 14 – JOB TITLES AND
CLASSIFICATIONS
Section
1. Effective Autumn Quarter
2004, ASEs will be placed into titles and pay
classifications based on the nature of job duties and qualifications as
follows:
|
Title/Pay Classification |
Occupation Code |
Salary |
Job Duties |
Standard Qualifications |
|
Reader/Grader |
0886 |
|
Non-teaching/research academic assistance |
Undergraduate or Graduate Student |
|
Tutor |
0887 |
|
Tutoring |
Undergraduate or Graduate Student |
|
UG Teaching Assistant |
0868 |
|
Assist in teaching |
Undergraduate Student |
|
UG Research Assistant |
0869 |
|
Assist in research |
Undergraduate Student |
|
Stipend Grad Trainee C |
0859 |
Stipend per Grant |
Research |
Graduate |
|
Teaching Assistant |
0817 |
Base |
Teaching |
Premaster |
|
Predoctoral Teaching Associate I |
0816 |
Base + 7.5% |
Teaching |
Postmaster or equivalent |
|
Predoctoral Teaching Associate II |
0815 |
PDTA I + 7.5% |
Teaching |
Candidate |
|
Predoctoral Instructor |
0804 |
PDTA II Minimum |
Teaching own class |
Candidate |
|
Predoctoral Lecturer |
0805 |
PDTA II Minimum |
Teaching own class |
Pre-candidate and previous appointment as Assistant Professor or Equivalent |
|
Research Assistant |
0847 |
Base |
Research |
Premaster |
|
Predoctoral Research Associate I |
0846 |
Base + 7.5% |
Research |
Postmaster or equivalent |
|
Predoctoral Research Associate II |
0845 |
PDRA I + 7.5% |
Research |
Candidate |
|
Predoctoral Researcher |
0844 |
PDRA II Minimum |
Research |
Individually determined |
|
Staff Assistant |
0857 |
Base |
Non-teaching/research academic assistance |
Premaster |
|
Predoctoral Staff Associate I |
0856 |
Base + 7.5% |
Non-teaching/research academic assistance |
Postmaster or equivalent |
|
Predoctoral Staff Associate II |
0855 |
PDRA I + 7.5% |
Non-teaching/research academic assistance |
Candidate |
|
|
|
|
|
|
|
Summer
Only Graduate Research
Student Assistant |
0854 |
Hourly Rate based on equivalent %FTE Rate* |
Research |
Graduate |
*The GRSA Rate shall be
calculated by multiplying the monthly salary for a %FTE Research Assistant by
three and then dividing the product by 220.
Section
2. ASEs
shall be appointed to the highest title and pay classifications for which they
are eligible based on job duties, degree standing and experience, as described
in Section 1. ASEs may be appointed to a higher
title and pay classification at the discretion of the Department or Hiring
Unit. In making promotional decisions, Departments and Hiring Units are
encouraged to take an ASE’s
job experience and performance into account as well as degree standing.
Section
3. ASEs
who meet the standard qualifications described above and who are assigned to
teach their own courses shall be classified for that quarter in either the
Pre-doctoral Instructor or Pre-doctoral Lecturer title and pay classification.
Section
4. As soon as practicable,
the University and the
A. currently in the Student Assistant title but who
should be re-classified into the bargaining unit job titles Reader/Grader,
Tutor, Undergraduate Teaching Assistant, Undergraduate Research Assistant;
B. currently in the Stipend Grad Trainee A title but
who should be re-classified into the bargaining unit job title Stipend Grad
Trainee C; or
C. classified as Fellows who should be in the
bargaining unit but who should be re-classified into the appropriate Research
or Teaching title.
Section
5.
Variable rates are those established at or above PDTAII/PDRAII/PDSAII
levels. Nothing in this Agreement is intended to limit the University’s
right to add new variable rates in all pay classifications or to change
existing variable rates.
Section
6.
No modifications or deletions shall be made to the bargaining unit pay
classifications and job titles in Section 1 unless they are agreed to by both
parties.
Section
7. The parties recognize
that certain funding agencies do not allow tuition to be charged to the agency
grant or contract. In such cases, the University may compensate the ASE
at a pay rate equal to the appropriate salary level plus the operating fee
portion of tuition. The ASE will be responsible for payment of tuition to
the University.
ARTICLE 15 – LAYOFF
Section
1. If an individual accepts appointment
to an ASE position for one or more quarters in an academic year and the
position offered is eliminated or reduced for some reason other than an
emergency layoff, the University shall notify the affected individual and the
Union one month in advance or as soon as practicable. Furthermore, the University will ensure that
the individual:
A. Is given an appointment in a
bargaining unit classification and will be paid equivalent compensation to that
of the original appointed position, or
B. Receives equivalent compensation in
lieu of the position for the term of the appointment. For Hourly ASEs
with an appointment period, equivalent compensation shall be for the number of
hours in the appointment that were not completed. If the number of uncompleted hours for an
Hourly ASE cannot be determined from the letter offering appointment or other
correspondence, the ASE and the Department or Hiring Unit shall mutually agree
upon the number of uncompleted hours based on the typical workload of
appointees doing the same kind of work assignment.
For
purposes of this Article, the term appointment refers to the commitment made to
the ASE in the appointment letter.
Section
2. An emergency layoff is the
suspension of an appointment to which an ASE is assigned or is working due to
acts of nature or financial emergency as defined in the University Handbook.
Section
3. An ASE that has been released
from one or more quarters of the appointment (consistent with Section 1 of
Article 4) does not forfeit the provisions of this Article for any remaining
quarters.
ARTICLE 16 – LEAVES OF ABSENCE
Section
1. Medical Leave/Family
Leave/Childbirth/Adoption. The
University will grant an ASE’s reasonable request for
leave of absence for appropriate duration due to:
A.
personal illness and/or disability;
B. care of a family member as defined
below in Section 2, childbirth, or adoption;
C. bereavement due to the death of a
family member as defined in Section 2.
Appropriate
documentation may be required for leaves under Section 1 (A) and (B).
Section
2. Definition of Family Member. Individuals considered to be members of the
family are mother, father, sister, brother, parent-in-law, spouse, domestic
partner, parent of domestic partner, grandparent, grandchild, child, step or
foster child (including children of domestic partner).
Section
3. Paid Leave. Such leaves
shall be paid leaves for Salaried ASEs, and shall be
unpaid for Hourly ASEs. The period of paid leave under Section 1 (A)
and (B) shall generally be no more than seven (four hour) days per year for an
ASE whose appointment is 50% FTE for the academic year or longer. For ASEs who are employed for fewer than three quarters or are
employed for less than 50% FTE, the amount of paid leave as covered in Section
1 (A) and (B) will be prorated. The
period of leave for bereavement (Section 1 (C)) shall be 3 days per occurrence.
Section
4 . Unpaid Leave. Unpaid leave may be
granted for periods beyond the terms of leaves in Section 3, but shall not
exceed the end of the appointment period.
These leaves may be paid (in whole or in part) for reasons as defined in
Section 1 and at the sole discretion of the Department or Hiring Unit. An ASE whose appointment is 50% FTE for the
academic year or longer shall be eligible to use up to twelve (12) weeks of
unpaid leave, during which the University shall provide health insurance
coverage, for circumstances identified in Section 1 (A) and (B). For ASEs who are
employed for fewer than three quarters, the amount of unpaid leave as covered
under Section 1 (A) and (B) will be prorated.
ASEs shall not be required to register for any
tuition credits during their leave period.
During the leave period the ASE will continue to be responsible for
his/her portion of the dependent coverage premium.
Section 5. Child Care Emergency. A child care emergency is defined as a
situation causing an employee's inability to report for or continue scheduled
work because of emergency child care requirements such as unexpected absence of
regular care provider, unexpected closure of the child's school, or unexpected
need to pick up child at school earlier than normal. ASEs shall be
authorized to use one (1) paid leave of absence day (as specified in Section 3
above) per year for child care emergencies.
Section
6. Coverage During Leave. In order to ensure proper coverage, it is the
responsibility of the ASE to contact the appropriate faculty member or other
supervisor in advance of the leave, unless not possible. If applicable, such notification will include
appropriate medical documentation and projected return date. While it is the
University's responsibility to make alternative arrangements to cover the
assignment, the ASE will assist as reasonably possible.
Section
7. Military Leave. An ASE shall have those rights provided by
law for military leave.
Section
8. Jury Duty. An ASE shall not have any reduction of stipend
or pay due to jury duty service, or if subpoenaed to serve as a witness in a
legal proceeding in which the ASE is not a party to the dispute. To the extent permitted by law, an ASE shall
request a postponement of jury service if requested to do so by his/her
department or program. An ASE shall advise his/her supervisor of his/her
receipt of notice for jury service as soon as reasonably possible.
Section
9. Other Leaves. The determination of whether to approve other
requests for an unpaid leave shall be made by the University.
Section
10. Appropriate usage of any of the
above leaves shall have no impact on decisions concerning re-appointment or
transfer of an ASE.
ARTICLE 17 – MANAGEMENT RIGHTS
Section
1. Management of the University is
vested exclusively in the University.
Except as otherwise provided in this Agreement, the Union agrees that
the management rights of the University include, but are not limited to, the
right to establish, plan, direct and control the University’s missions, programs,
objectives, activities, resources and priorities; to establish and implement
Affirmative Action plan and goals; to establish, revise and administer
procedures, reasonable rules and regulations, and direct and control University
operations; to alter, extend, or discontinue existing equipment, facilities,
and location of operations; to determine or modify the number, qualifications,
scheduling, responsibilities and assignment of ASEs;
to evaluate, to determine the content of evaluations, and to determine the
processes and criteria by which the performance of ASEs
are evaluated; to establish, maintain, modify or enforce standards of
performance, conduct, order and safety; to discipline or dismiss for just
cause; to establish or modify the academic calendars, including holidays and
holiday scheduling; to assign work locations; to schedule hours of work; to
recruit, hire, or transfer; to determine how and by whom instruction is
delivered; and to introduce new methods of instruction.
Section
2. The University has the sole and
exclusive authority to make all decisions involving academic matters,
including, but not limited to, who is taught, what is taught, how it is taught
and who does the teaching. All matters
including academic judgment shall be made at the sole discretion of the
University.
Section
3. The determination of whether
duties will be assigned to ASEs or other individuals,
or reassigned from ASEs to other individuals, will be
made by the University.
ARTICLE 18 - NO STRIKES, NO LOCKOUTS
Section
1. The Employer and the
Section
2. The
Section
3. Should employees engage in any
unauthorized concerted action, then once the employees have returned to work
and continue working, a Joint Union/Management Committee shall immediately meet
in a good faith effort to resolve the dispute.
Section
4. Any action of the Employer in closing
the University during a general strike, riot, or civil disturbance for the
protection of the institution, its property, or its employees shall not be
deemed a lockout.
Section
5. Nothing herein constitutes a waiver
of the University’s right to seek appropriate legal relief in the event of a
violation of this Article.
ARTICLE
19 - NON-DISCRIMINATION AND HARASSMENT
Section 1. Non-Discrimination. Neither the Employer nor the Union shall
discriminate against any employee by reason of the following status: age, sex (except where age or sex is a bona
fide occupational qualification), race or ethnic origin, color, creed, national
origin, religion, disability, disabled or Vietnam era veteran status, political
affiliation, marital status, sexual orientation, pregnancy status, HIV status,
or membership or non-membership in a union.
Section 2. Sexual
Harassment. No employee shall be
subjected to discrimination in the form of sexual harassment, currently defined
in the University of Washington Handbook (Volume 4, Part 1, Chapter 2) as (1)
unwelcome sexual advances or requests for sexual favors by a person who has
authority over the recipient when (a) submission to such conduct is made either
an implicit or explicit condition of the individual's employment, academic
status, or ability to use University facilities and services, or (b) submission
to or rejection of the conduct is used as the basis for a decision that affects
tangible aspects of the individual's employment, academic status, or use of
University facilities; or (2) unwelcome and unsolicited language or conduct by
a member of the University community that is of a sexual nature or is based on
the recipient's sex and that is sufficiently offensive or pervasive that it
could reasonably be expected to create an intimidating, hostile, or offensive
University environment.
Section 3. The
University shall provide ASEs with information about
its non-discrimination and harassment policies.
Section 4. Complaints. A discrimination complaint may be filed with
the University Complaint Investigation and Resolution Office and/or as a
grievance in accordance with Article 8 of this Agreement. Employees may also file discrimination
complaints with appropriate federal or state agencies. The parties agree to encourage the filing of
discrimination complaints through the University Complaint Investigation and
Resolution Office.
Section 5. The
ARTICLE 20 – PARKING AND TRANSIT
ASEs
shall have the option to participate in the on-campus parking program. ASEs shall have the
same parking related services that are available to, and on the same basis as,
full-time staff of the University. These
parking related services include but are not limited to individual commuter tickets
and quarterly parking permits.
ARTICLE 21 – PERSONNEL FILES
Section
1. ASEs and
the
Section
2. ASEs shall
have the right to examine all materials contained in their personnel file and,
upon request, shall be provided a copy of any materials in that file. The personnel file shall be made available
for review within three (3) working days of the request.
Section
3. ASEs shall
have the right to request removal or correction of inaccurate materials from
their personnel files, attach a concise statement in response to any item in
the files, and/or seek removal of inappropriate material from the files.
Section
4. No reference to grievances shall be
placed in an individual’s personnel file.
Section
5. All materials in the personnel file
of an ASE, including supervisory job performance evaluations, shall be
confidential except as required to be publicly available under State and/or
Federal law. The University will limit
access to student evaluations to those undergraduate, graduate, and
professional students, and faculty, with UW Net ID.
Section
6. The
Section
7. Rights established in this Article
are conferred on the ASE while in the bargaining unit, regardless of current
employment status as an ASE.
ARTICLE 22 – SEVERABILITY
If
any provision of this Agreement is found to be contrary to law by a court of
competent jurisdiction, such provision shall be of no force or effect; but the
remainder of this Agreement shall continue in full force and effect. The
parties shall negotiate in good faith with respect to any provision found to be
in contravention of the law.
ARTICLE 23 – SUBCONTRACTING
Section
1. If the University plans to
subcontract unit work, the University shall provide reasonable advance notice
to the
Section
2. The University shall, upon request,
meet and confer with the
ARTICLE 24 – SUMMER NON-REGISTERED
GRADUATE RESEARCH STUDENT ASSISTANTS
Section
1. In the limited number of Departments
or Hiring units where it had been past practice before the 2004 UAW Local
4121—University of Washington contract to pay non-registered graduate ASEs to perform hourly research work during Summer Quarter
(June 16th through September 15th), Departments or Hiring
Units will appoint such ASEs according to the
following terms.
(A) Departments
will place ASEs who have not registered for Summer
Quarter, but who are performing research work, into a Graduate Research Student
Assistant (GRSA) job classification (0854).
Departments shall not use this job classification at any time other than
Summer Quarter (June 16th through September 15th);
(B) The minimum
hourly rates of payment made to non-registered ASEs
performing research work during the Summer Quarter shall be based on a 220 hour
quarterly workload;
(C) In cases where
an individual ASE’s only way to have paid health
insurance coverage during Summer Quarter is by registering and working in a
Graduate Student Service Appointee (GSSA) title at .50 FTE, the department
shall notify the ASE in advance of their option to do so. In the event the ASE wishes to be covered by
health insurance, the University and the Union will work together to make sure
the ASE is covered.
ARTICLE 25 – TRAINING
Section
1. The University shall provide
training necessary to fulfill ASE duties.
Section
2. All training shall be considered
as part of the required workload.
Section
3. The content and delivery of
training is reserved to and determined by the University.
Section
4. The Union-Management Committee shall
make recommendations to the University to address overlapping or insufficient
training concerns brought to its attention by ASEs.
ARTICLE 26 – TRAVEL
Section
1. The University shall reimburse ASEs for travel and per diem expenses required for employment. Prior approval of the ASE’s
Department Chair (or designee) must be attained. Unpaid travel shall not be required.
Section
2. Reimbursement rates and methods
shall be those provided to other University employees.
ARTICLE
27 - UNION-MANAGEMENT COMMITTEE
A joint Union-Management Committee shall be formed to
address issues that are not the subject of an active grievance. This Committee will consist of five
individuals designated by the UAW and five individuals designated by the
University. Meetings will be held once
an academic quarter (Autumn, Winter, Spring) at mutually agreed upon times and
on an ad hoc basis as needed. A meeting
shall be held during Summer 2004. Subsequent
Summer quarter meetings shall be arranged upon mutual agreement. Agendas shall be mutually agreed upon at
least five (5) business days prior to the meeting.
ARTICLE 28 - UNION RIGHTS
Section
1. The University will furnish to
the
Section
2. The
Section
3. Following ratification and
approval by the parties, the University shall publish the Agreement on a
designated website.
Section 4. In
accordance with University/Department policy on access, representatives of the
UAW shall be permitted access to employees’ work spaces for the performance of
official union business, provided the University policy shall be
non-discriminatory and shall be enforced in a non-discriminatory manner. Union representatives will not engage in any
disruption of University operations, interfere with the assignment and
direction of employees, or in any way impede the discharge of any employee’s
duties and responsibilities.
Section
5. The
Section
6. The University agrees to furnish
conference and/or meeting rooms for Union meetings upon prior request by the
Section
7. The
Section
8. The
Section
9. The University shall provide paid
release time for up to five (5) ASEs designated by
the
Section
10. The University will provide a
bulletin board space for the
Section
11. The University shall furnish an
electronic copy to the
Section
12. New ASE Rights.
ARTICLE 29 - UNION SECURITY
Section
1. Union Membership and Service
Fees. As a condition of employment,
employees who are covered under this Agreement shall, beginning within thirty
(30) days of employment or beginning within thirty (30) days of the effective
date of this Agreement (whichever is later), either (a) execute a Union
membership and payroll deduction form in order to have the appropriate fee
deducted from their payroll checks; or (b) if the ASE chooses not to be a
member, the ASE shall, in satisfaction of this requirement, execute a payroll
deduction form to pay a service fee to the Union; or, (c) in the case of those
who are Union members and do not have a payroll deduction authorization in
effect, timely pay their Union dues and initiation fees directly to the Union
each month, or, in the case of those who are not Union members and do not have
a payroll deduction authorization in effect, timely pay their service fee
directly to the Union each month, with payments due in either case by the last
day of such month. The UAW will provide
the University with the formula for calculating the dues, initiation fees, and
service fees. The amount of the service fee shall be as determined by the
Section
2. Upon ratification of this
Agreement, the University and the
Section
3. Upon receipt of an ASE’s written authorization, the University shall deduct
Union dues or service fees from each paycheck, and remit the same together with
a list of names of the ASEs from whom deductions were
made. The list shall contain the
employee's name, unique ID number, home department, amount of dues/fees
deducted and gross wages. The
University shall make a good faith effort to transmit this data in electronic
format.
Section
4. Payroll deduction forms will be
processed in the pay period received.
Payroll deduction forms received by the 15th day of the month
will be processed for the payday on the 25th of that month. Payroll deduction forms received after the 15th
day of the month and by the last day of the month will be processed for the
payday on the 10th of the following month. The University is not required to make
retroactive deductions if an employee is out on an unpaid leave of absence or
other unpaid status.
Section
5. The University shall
electronically transmit to the
Section
6. The
Section
7. Failure by an employee to pay the
required dues or fees provided above shall constitute cause for termination of
the ASE’s employment.
Prior to the time the
ARTICLE 30 - VOLUNTARY COMMUNITY
ACTION PROGRAM (VCAP)
Upon
presentation of a legible signed authorization form executed by an ASE, the
University agrees to provide a voluntary check off for the UAW Voluntary
Community Action Program (VCAP) in accordance with the following provisions:
ARTICLE 31 – VACATION
Section
1. ASEs
with a 50% or greater FTE appointment for twelve months will have a minimum of
four weeks (20 business days) of vacation time off during those twelve
months. There will be no reduction in
pay or benefits for this time off. ASEs with a 50% appointment for less than twelve months or
who are appointed for less than 50% FTE shall have vacation time off prorated
on this basis. Hourly ASEs shall not receive vacation time off.
Section
2. Vacation time off shall be taken
during academic quarter breaks or as otherwise mutually agreed to by the ASE
and a supervisor.
ARTICLE 32 - WAGES
Section
1. Effective July 1, 2007, all non-variable ASE pay rates shall be increased
over the 2006-07 rate by 3.2%, or by the percentage increase available for all
faculty for merit based and across the board salary increases (excluding money
for faculty recruitment, retention, compression, or unit adjustments),
whichever is greater. Effective
Section
2. Effective July 1, 2008, all non-variable ASE pay rates shall be increased
over the 2007-08 rate by 2.5%, or by the percentage increase available for all
faculty for merit based and across the board salary increases (excluding money
for faculty recruitment, retention, compression, or unit adjustments), whichever
is greater. Effective
Section
3. Effective July 1, 2009, all non-variable ASE pay rates shall be increased
over the 2008-09 rate by 2.5%, or by the percentage increase available for all
faculty for merit based and across the board salary increases (excluding money
for faculty recruitment, retention, compression, or unit adjustments), whichever
is greater. Effective
Section
4. ASEs shall
be eligible to receive automatic pay increases in accordance with Article 14
(Job Titles and Classifications). Any
such increases shall be in addition to the wage increases described above.
Section
5. The University will continue its
existing practice with regard to Summer Quarter stipends, except that TA
stipends during the summer will be 20% higher than during other quarters of the
Academic Year.
Section
6. Effective
Section
7. ASEs shall
continue to have access to the
ARTICLE 33 – WORKLOAD
Section
1. At the time of appointment, the
University will inform the ASE of the percentage FTE of their appointment or,
for hourly employees, the hours expectation of their appointment.
Section
2. ASEs
with a 50% FTE appointment will not be required to work for more than 220 hours
per quarter. ASEs
with a 50% FTE appointment shall not be required to work more than an average
of 20 hours a week, and shall not exceed 30 hours in a given week except by the
ASE’s consent.
Alternate percentage appointments will be directly proportional to the
50% FTE appointment in relationship to workload per week and per quarter. The 220 hour workload expectation will not be
reduced by holidays (including personal holidays) or vacation time. For unusual work assignments, such as those
associated with research conducted in remote locations or those where the
nature of the job duties requires the use of specialized instrumentation at
specific intervals of time, an ASE may expect greater variations within a given
week’s work schedule provided the ASE has been notified in her/his appointment
letter of the unusual nature of her/his job duties.
Section
3. Assigned workload is measured by
how many hours the University could reasonably expect an ASE to take to
satisfactorily complete the work assignment so as to maintain excellence in
teaching, research, and service. An ASE
should initiate discussions with her/his supervisor as soon as s/he anticipates
any workload related issues that would result in working more than 220 hours in
a quarter. Before workload hours are
exceeded, the Department will offer the ASE additional paid hours for the
excess workload or relieve the ASE of the excess workload.
Section
4. Any work assignment, prep work,
training, job-specific orientation, required meetings, required conferences,
and tutee no-shows (including duties that occur outside of the academic term)
shall be included in the total workload for the quarter. Workload does not include courses in general
pedagogy or remedial courses required to meet minimum eligibility requirements
(e.g. ESL 102) in which ASEs are required to be
enrolled for credit. Hourly ASEs who participate in any training and job-specific
orientation that is required as a condition of their employment shall be paid
at their normal hourly rate.
Section
5. Required meetings will be held
during the normal work hours at an on-campus or off-campus site in proximity to
where the ASE usually works, or at a location agreed to in advance by the ASE.
Section
6. In the case of change of ASE job
assignment, any work completed in the original assignment will count toward the
hour limit for the quarter.
Section
7. Both parties understand that the
published University calendar governs the work of all bargaining unit members,
and in some academic quarters examination schedules may conclude several days
beyond the last pay period of the three month appointment. ASEs appointed in
these quarters recognize that their obligation extends to grading exams and/or
papers submitted at those times, and other similar duties as assigned.
Section
8. Workload assigned to an ASE under
this article is separate from the academic expectations associated with thesis
and dissertation research that is expected pursuant to 600-, 700-, and
800-level course work. This Agreement
should not in any way be construed as imposing a limit on the amount of
academic work necessary for a student to make satisfactory academic progress
toward his/her degree.
Section
9. Hourly ASEs
will not be required to work more hours than specified in the appointment
letter, or to work any hours for which they are not paid.
ARTICLE 34 – WORKSPACE AND MATERIALS
Section 1. The
University shall provide reasonable access to facilities, services, texts and
instructional support required for the position. Examples of access that may be
required include, but are not limited to:
A. Office and desk space and telephone;
B. A computer with internet access;
C. Storage and laboratory space;
D. Mailbox;
E. Office supplies;
F. Texts and/or reading material; and
G. Printing facilities.
Section
2. If provided prior written
approval of the department chair or designee, an ASE shall be reimbursed for
required job related materials and services that are not provided to the ASE by
the department. If no written approval is granted, ASEs
will not be required to purchase job related materials and services.
Section
3. Before an ASE’s
work location is moved, or before there is a substantial alteration of the ASE’s work space, the affected ASE normally shall be
notified at least thirty days before the change is to take place. In the event
thirty days notice is not feasible, the ASE shall be notified as soon as
reasonably possible.
ARTICLE 35 – DURATION
This Agreement shall become
effective and will remain in effect from
LETTER OF UNDERSTANDING A
WAGES
The
parties recognize that the federal government is currently examining the
regulations concerning FICA exemptions for certain academic student
employees. In the event any of the
benefits contained within this Agreement have the effect of losing the
exemption for ASEs, the parties will meet to discuss
alternatives.
LETTER OF UNDERSTANDING B
UNION RIGHTS
The University will investigate
whether there are any grants that would prohibit an ASE from being paid as an
ASE while performing steward duties. In
the event a determination is made that such a prohibition exists, both parties
will bargain in good faith to find an alternative that allows the same level of
steward representation. In the event an
agreement can not be reached, the matter shall be resolved by an arbitrator.
LETTER OF UNDERSTANDING C
WORKERS COMPENSATION
The
University and the UAW hereby agree that all job titles in the bargaining unit
shall be covered by worker’s compensation insurance with the exception of
employees in stipend-only job classifications.
LETTER OF UNDERSTANDING D
JOB TITLES AND CLASSIFICATIONS
The
parties agree to review existing graduate-level job titles/classifications for
the purpose of clarifying eligibility and ensuring automatic progression
through the classification steps and improving the efficiency, flexibility, and
accuracy of the classification system.
This review shall begin no later than thirty (30) days after the
effective date of the Agreement.
.