MEMORANDUM OF UNDERSTANDING -between- AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), MD COUNCIL 3 -and- UNIVERSITY OF MARYLAND BALTIMORE COUNTY NON-EXEMPT BARGAINING UNIT June 22, 2012 through and including June 30, 2016* * Includes Memorandum of Agreement (MOA) between AFSCME and University System of Maryland (USM) Coalition MOUMOA07012013 TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING AFSCME, MD COUNCIL 3 and the UNIVERSITY OF MARYLAND BALTIMORE COUNTY NON-EXEMPT BARGAINING UNIT ARTICLE PAGE NO. PREAMBLE 1 1 RECOGNITION 1 Section 1. Recognition 1 Section 2. Bargaining Unit Composition 1 Section 3. Creation of New Positions or Classifications 1 Section 4. Inclusion and Exclusion of Specific Jobs 1 2 SCOPE OF AGREEMENT 2 3 MANAGEMENT RIGHTS 2 4 EMPLOYEE RIGHTS 3 Section 1. Access of Employees to Union Representatives 3 Section 2. Non-Discrimination 3 Section 3. Non-Retaliation for Filing Grievances 3 Section 4. Compliance with the American with Disabilities Act 3 Section 5. Prevention of Sexual Harassment 3 5 UNION RIGHTS 3 Section 1. Access to Facilities 3 Section 2. Union Business Conducted on UMBC Premises 4 Section 3. Union Bulletin Boards 4 Section 4. Right to Information 5 Section 5. Mail Service 5 Section 6. Union Participation in Orientation 5 Section 7. Job Stewards 5 Section 8. Union Office on Campus 6 Section 9. Meeting Space 6 Section 10.Union Web Page 6 6 WORK SCHEDULES AND BREAKS 7 Section 1. Workweek 7 Section 2. Work Breaks 7 Section 3. Lunch Break 7 Section 4. Copy of Job Description 7 Section 5. Combination of Breaks 7 7 OVERTIME 8 Section 1. Overtime 8 Section 2. Distribution of Overtime 8 Section 3. Overtime List 8 Section 4. Payment of Overtime 8 Section 5. Compensatory Time Off 8 MOUMOA07012013 Section 6. a. Advance Notice – Non Emergencies 9 Section 6. b. Advance Notice – Emergency Situations Beyond the Control Of the Employer 9 Section 7. On-Call Duty 9 Section 8. Call-Back Pay 10 8 PROBATION 10 Section 1. a. New Employees 10 Section 1. b. Employee Seeking a Change in Position 10 Section 2. Original and Status Change Probationary Periods 11 Section 3. Rejection During Probationary Period 11 Section 4. Appeal of Rejection on Probationary Period 12 Section 5. Persons Not Subject to Probation 12 9 INTEGRITY OF THE BARGAINING UNIT 13 10 UNION LEAVE 13 11 LEAVES 14 Section 1. Annual Leave 14 Section 2. Personal Leave 14 Section 3. Leave Reserve Fund 15 Section 4. Family and Medical Leave 16 Section 5. Jury Service and for Legal Actions Leave 17 Section 6. Educational Leave and Professional Improvement Leave 17 Section 7. Administrative Leave 17 Section 8. Military Leave With Pay 17 Section 9. Call-Up to Active Military Duty During a National or International Crisis or Conflict 18 Section 10. Leave of Absence Without Pay 18 Section 11. Leave for Disaster Service 18 Section 12. Accident Leave 18 Section 13. Parental Leave 18 12 SICK LEAVE 19 Section 1. Purpose and Applicability 19 Section 2. General 19 Section 3. Directed Use of Sick Leave/Medical Examinations 22 Section 4. Verification of Absences Charged to Sick Leave 23 Section 5. Advance Sick Leave for the Employee’s Own Illness 24 Section 6. Extended Sick Leave for the Employee’s Own Illness 26 13 PAID HOLIDAYS 27 Section 1. Recognized Holidays 27 Section 2. Day of Observance 27 Section 3. a. Holiday Pay 27 Section 3. b. Use of Holidays 28 Section 3. c. Holidays for Employees Who Work in 24/7 Operations 28 Section 4. Holiday Termination Payment 28 14 INSURANCE AND BENEFITS 28 15 EMPLOYEE ASSISTANCE PROGRAM 28 16 RETIREMENT 29 MOUMOA07012013 17 PERFORMANCE EVALUATION 29 Section 1. Definitions 29 Section 2. Performance Ratings 29 Section 3. Expectations Meeting (Establish Goals and Objectives) 30 Section 4. Performance Evaluation Improvement and Unsatisfactory 30 Section 5. Year-End Performance Evaluation 30 Section 6. Performance Evaluation Pay Adjustment 31 18 GRIEVANCE PROCEDURE 31 19 DISCIPLINARY ACTIONS 39 Section 1. General 39 Section 2. Disciplinary Actions Permitted 39 Section 3. Right to Union Representation 40 Section 4. Automatic Termination of Employment 40 Section 5. Duty of the Employer Prior to Imposing Sanctions 41 Section 6. Actions Which Do Not Constitute Disciplinary Action 41 Section 7. Other Procedures 42 Section 8. Excessive Absenteeism, Tardiness or Abuse of Sick Leave 43 20 WAGES 43 Section 1. FY2014 COLA and Merit Pay 43 Section 2. Compensation Reopener for FY2014 43 Section 3. Limited Reopeners FY2015 and FY2016 43 Section 4. Bonus, COLA or Merit Pay Adjustment 44 21 COMPENSATION STIPENDS 44 Section 1. Shift Differential 44 Section 2. Acting Capacity Pay 44 Section 3. Hazardous Duty Pay 45 22 PARKING 45 23 HEALTH AND SAFETY 46 Section 1. General Duty 46 Section 2. Access to Recreation Centers 46 Section 3. Unsafe Working Conditions 46 Section 4. Duties of the Labor Management Committee 46 Section 5. Personal Protective Clothing and Equipment 46 Section 6.a. Health and Safety Training 47 Section 6 b. Cardiopulmonary Resuscitation (CPR) Training 47 Section 6.c. Asbestos Training 47 Section 7. Hepatitis B 47 Section 8. Asbestos 47 Section 9. Indoor Air Quality 47 Section 10. Reproductive Hazard 47 Section 11. Physical Exams 47 24 MISCELLANEOUS 48 Section 1. Release Time for Campus-Sponsored Committees 48 Section 2. Attendance to Job Related Trainings and Continuing Educational Units (CEUs) 48 Section 3. Release Time for Job Interviews 48 Section 4. Licensing, Certifications and Professional Fees 48 MOUMOA07012013 25 UNIFORMS AND EQUIPMENT 49 Section 1. Uniformed Job Classifications 49 Section 2. Replacement of Uniforms 49 Section 3. Safety Shoes 49 26 STAFF PROFESSIONAL DEVELOPMENT FUND 49 Section 1. Purpose and Applicability 49 Section 2. Policy 49 Section 3. Procedures 50 27 SHARED GOVERNANCE/AD HOC COMMITTEES AND WORK GROUPS 50 Section 1. Plan of Organization Committees 50 Section 2. Ad Hoc Committees and Work Groups Outside the Plan of Organization 51 28 TUITION REMISSION GUARANTEE 51 29 LABOR-MANAGEMENT COMMITTEE 51 Section 1. Purpose of the Committee 51 Section 2. Composition of the Committee 51 30 LAYOFF AND RECALL 52 Section 1.a. Layoff Notice 52 Section 1. b. Grant Funded Employees 52 Section 2. Order of Layoff 52 Section 3. Seniority Points 52 Section 4. Displacement Rights 53 Section 5. Recall List and Priority Reinstatement 53 Section 6. Re-employment Notifications 54 Section 7. Severance Package 55 31 PERSONNEL FILE 56 Section 1. Personnel File of Record 56 Section 2. Access 56 Section 3. Notification of Disciplinary Documentation 56 Section 4. Work Files 56 Section 5. Expunging of Disciplinary Documents 56 32 JOB CLASSIFICATION AND RECLASSIFICATION 57 Section 1. Definitions 57 Section 2. General 57 Section 3. Classification Studies 58 Section 4. Assignment of Higher Duties 58 Section 5. Pay On Promotion and Reclassification 58 Section 6. Effective Date of a Reclassification 59 33 VACANCIES AND JOB POSTING 59 Section 1. General 59 Section 2. Job Announcements 59 Section 3. Selection of Applicants 60 34 TELEWORKING 60 Section 1. Purpose 60 Section 2. Definitions 60 Section 3. Employee Participation 60 Section 4. Telework Agreement 61 MOUMOA07012013 Section 5. Employment and Discipline 61 35 DURATION 61 Section 1. Duration 61 Section 2. Renewal 62 Section 3. Limited Reopeners for FY2014 and FY2015 62 SIGNATURE PAGE 63 APPENDIX A I PMP Form APPENDIX B II Professional Development Fund Application Form APPENDIX C III UMBC Teleworking Agreement APPENDIX D IV UMBC Teleworker Plan APPENDIX E V UMBC Remote Workplace Certification Checklist MOUMOA07012013 PREAMBLE This Memorandum of Understanding (“MOU”) is made and entered into by and between the University of Maryland Baltimore County (hereinafter, “UMBC” or “the University”) and the American Federation of State, County and Municipal Employees, MD Council 3 (hereinafter collectively referred to as “AFSCME” or “the Union”). It has as its purpose the promotion of harmonious relations between the University and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of pay, hours of work, and other conditions of employment. The University and the Union mutually recognize that the laws of the State of Maryland, including the provisions contained in the State Personnel and Pensions Article of the Annotated Code of Maryland governing collective bargaining, and the Policies of the Board of Regents of the University System of Maryland, authorize agreements arrived at through the process of negotiations. ARTICLE 1 – RECOGNITION Section 1. Recognition. UMBC recognizes AFSCME MD Council 3 as the exclusive bargaining representative for all employees in the non-exempt bargaining unit on all matters related to wages, hours, and working conditions. This recognition is granted in accordance with the provisions of Section 3-202 et seq. of the State Personnel and Pensions Article of the Annotated Code of Maryland. Section 2. Bargaining Unit Composition. For purposes of this MOU, the bargaining unit exclusively represented by the Union includes all full-time and regular part-time non-exempt administrative, clerical, and support employees, including probationary employees employed by UMBC whose classifications are incorporated into the formal Certification issued by the Maryland State Higher Education Labor Relations Board on February 22, 2002. Section 3. Creation of New Positions or Classifications. In the event that the University hires or assigns employees to positions or classifications not previously covered by the Certification issued by the State Higher Education Labor Relations Board, the parties hereto agree to meet and discuss the appropriateness of including such classifications into the bargaining unit represented by the Union herein. Any disagreements concerning the inclusion or exclusion of such new classifications in the bargaining unit represented by the Union shall be promptly submitted to the State Higher Education Labor Relations Board for unit clarification and disposition. Section 4. Inclusion or Exclusion of Specific Jobs Disputes that may arise concerning questions over the appropriate inclusion or exclusion of specific jobs and/or classifications that presently exist as of the date of execution of this MOU shall 1 MOUMOA07012013 be discussed between the parties. Any disagreements concerning the continuing inclusion or exclusion of existing classifications or positions in the bargaining unit represented by the Union shall be promptly submitted to the State Higher Education Labor Relations Board for unit clarification and disposition. The University shall provide AFSCME with a list of existing non- exempt bargaining unit classifications at the beginning of every semester. ARTICLE 2 – SCOPE OF AGREEMENT This MOU in all respects supersedes and replaces all particular policies and practices previously established by the University with respect to the issues herein incorporated covering the employment relationship between the University and bargaining unit employees. All other Board of Regents (BOR) policies shall remain in force and effect. In the event of any changes in policies or procedures made by the BOR that would affect any terms and conditions of employment that are covered by this MOU, the University agrees to notify the Union and afford the Union the opportunity to bargain over such changes. No addition to, alteration, modification, or waiver of any term, provision, covenant or condition or restriction in this agreement shall be valid, binding or of any force or effect unless mutually agreed to, in writing, by the University and AFSCME. ARTICLE 3 – MANAGEMENT RIGHTS Recognizing the right of employees to be treated with dignity and respect by management in all respects in the operations of the University, and in recognition of the other rights employees may enjoy under the terms of this MOU, including the right to utilize the grievance procedure provided herein, the parties to this MOU recognize that UMBC is entitled to exercise certain inherent and statutorily granted management rights, as recognized in Section 3-302 of the State Personnel and Pensions article of the Annotated Code of Maryland, and as limited by specific sections of this Memorandum, including (but not limited to) the right to determine the purpose and mission of the University; to determine its budget; to alter the composition and size of the workforce, including the right to relieve employees from duty because of lack of work or for other legitimate reasons; to hire, assign, and transfer employees as the needs of the University require, and to direct their work; to set standards of conduct, including the right to discipline employees for just cause; to determine the location, methods, means, personnel and equipment by which its operations are to be conducted; to establish and adjust the University calendar, including the date on which holidays recognized under this Agreement are to be celebrated; and to set minimum standards and qualifications for employees. 2 MOUMOA07012013 ARTICLE 4 – EMPLOYEE RIGHTS Section 1. Access of Employees to Union Representatives. All employees covered under this MOU shall be allowed access to their respective authorized Union representative during work time for the purpose of conducting appropriate Union business, provided, however, that such business does not interfere with the operations of the University. For those employees requesting access to Union representatives during work time, prior approval from the employee’s immediate supervisor shall be required. Such supervisory approval shall not be unreasonably withheld. The nature of such meetings with Union representatives shall be confidential. Section 2. Non-Discrimination. The University agrees that it shall not discriminate against any employee with respect to salaries, wages, hours, or other conditions of employment on the basis of age, marital status, race, color, creed, national origin, gender, sexual orientation, political or religious affiliation or beliefs, mental or physical disability, or Union activities. Section 3. Non-Retaliation for Filing Grievances. The University further agrees that it shall not retaliate against employees because of the filing of any grievance, complaint, or proceeding under this Agreement. Section 4. Compliance with the Americans with Disabilities Act. In order to comply with their respective obligations under the Americans with Disabilities Act, the parties hereby agree that in the event that necessary and reasonable accommodations are required so as to allow employees covered by this MOU to perform the essential functions of their job, the parties will meet and confer with the object of allowing for such accommodations which may require the modification and/or relaxation of some provisions of this MOU; provided, however, that such accommodations do not constitute an undue hardship either for the University and/or for the affected department(s). Measures that may be required under this provision may include transfers, reassignments, shift changes, and job-sharing, as required by law. Section 5. Prevention of Sexual Harassment. The parties hereto understand and acknowledge that sexual harassment in the workplace is a serious matter that will not be tolerated. Such matters shall be governed by the University’s Sexual Harassment Policy (Revised) July 1, 2004. ARTICLE 5 – UNION RIGHTS Section 1. Access to Facilities. Union representatives who are not employees of the University may enter the campus to conduct union business. Union representatives shall be granted access to work areas and to the campus to conduct union business provided that such business does not interfere with the operations of the University. Additionally, the local will be provided the opportunity to purchase special parking 3 MOUMOA07012013 permits through the Department of Human Resources (HR) at the same cost as charged to HR to provide to non-employee Union representatives. Non-employee representative(s) will contact the Director or Specialist of Employment and Labor Relations in advance of the need for the special parking permits. AFSCME will be billed quarterly by HR for the number of requested special parking permits. Special parking permits allow for parking in any metered space located in the upper deck of the Administration Drive Garage, first floor of the Commons Garage, top level of the Walker Avenue Garage and the bottom of Walker Avenue, Lot 7. Union representatives shall inform the Department of Human Resources of their presence on campus prior to or at the time of arrival. Section 2. Union Business Conducted on UMBC Premises. Duly authorized representatives of the Union and their respective affiliates shall be permitted to transact official Union business such as local job steward representation, distributing Union literature, and posting Union notices on University property, provided that such transactions do not interrupt normal campus operations or employee work requirements; and provided further that, except where otherwise prescribed by the terms of this MOU, the Union shall at all times comply with all University posting and distribution policies. Section 3. Union Bulletin Boards. The University shall provide space for a lockable bulletin board, provided by the Union, in conspicuous, high traffic areas at the following locations: (1.) in the lunchroom located in the lobby of the Administration Building (Staff Lounge), (2.) in the Human Resources Department area located on the fifth floor of the Administration Building, (3.) under the overhang at the rear entrance of the Facilities Management Building, (4.) in the staff lunchroom located in the Library, (5.) immediately adjacent to the door identified as 3.004A leading into the entrance to the cafeteria on the third floor of the Tech Center, South Campus, (6.) in the ECS Building on the ground floor adjacent to room 011, (7.) in the Public Policy Building, second floor on the wall to the right of room 208 entrance, adjacent to the existing bulletin board, (8.) in the University Center Building, across from the Comm Store service counter, to the left of the vending machines, and (9.) outside ACIV room 217 B, by Union office, on the wall above the water fountain (the bulletin board for this location shall be no larger than 24 inches by 30 inches). All bulletin boards shall meet the architectural design aesthetics of the building. Should the University find it necessary to renovate any of the above areas, the University will negotiate with the union an alternative location for the bulletin board(s). These bulletin boards shall be for the exclusive use of the Union. The Union shall be responsible for the posting of all items on the bulletin board. Each item posted shall be dated and initialed by the Union official approving the posting. The Union shall ensure that posted items are not illegal, defamatory, factually inaccurate, partisan, or political and that no item is detrimental to the safety and security of the University. At the time of posting, the Union shall provide an informational copy of all items to the employer. The Union may also, subject to the aforementioned limitations and in accordance with University policies on distribution of information and solicitation, display information on any other University bulletin boards used for the dissemination of public information. 4 MOUMOA07012013