AGREEMENT - The Pennsylvania State University

AGREEMENT

between

The

Pennsylvania State

University

and

Teamsters Local

Union

No. 8

L U 8

for the

period

July 1, 2021

through

June 30, 2024

TABLE OF CONTENTS

Article Page

I Recognition ......................................... 5

II Security ............................................. 19

III Checkoff ........................................... 20

IV Strikes and Lockouts ........................ 21

V Management Rights .......................... 22

VI Discipline and Discharge .................. 25

VII Tardiness ........................................... 27

VIII Grievance Procedure ........................ 28

IX Seniority ............................................ 34

X Layoff ............................................... 42

XI Recall ................................................ 51

XII Job Vacancies ................................... 53

XIII Leave of Absence ............................. 60

XIV Leave of Absence for

Union Business ............................ 70

XV Wages ............................................... 71

XVI Shift Premium ................................... 74

XVII Overtime ........................................... 75

XVIII Temporary Transfer .......................... 83

XIX Work Schedules ................................ 88

XX Job Information ................................ 93

XXI Reclassification of a Job Into or

Out of the Bargaining Unit ......... 93

XXII Contracting Out Work ...................... 94

XXIII Nondiscrimination ............................ 95

XXIV Vacations .......................................... 96

XXV Holidays ............................................ 101

XXVI Sick Leave ....................................... 107

XXVII On-the-Job Injury or Illness .............. 113

XXVIII Other Paid Time Off ......................... 118

XXIX Health Care Insurance ...................... 124

XXX Life Insurance ................................... 131

XXXI Additional Insurances ………........... 135

XXXII Benefits Into Retirement ................. ...135

XXXIII Mandatory Retirement Plan............... 138

XXXIV Notice of Termination

of Employment ........................... 138

XXXV Safety and Health Conditions ........... 138

XXXVI Educational Privileges ...................... 139

XXXVII Employees Holding Public Office…. 140

XXXVIII Stewards ............................................ 140

XXXIX Union Activities ................................ 143

XL Employee Work Unit

Personnel Files ............................ 145

XLI Agreement Subject to

Applicable Law ........................... 146

XLII Vehicle Registration Fee.................... 147

XLIII Committees ……............................... 148

XLIV Employees Performing Essential

Services ........................................ 148

XLV FMLA …………............................... 150

XLIV Penn State Hospitality Services......... 150

XLVII Term of Agreement .......................... 154

Appendices

(Salary Schedule) ....................... 157

Index ................................................ 160

AGREEMENT

This agreement made as of the first day of July 2021,

by and between THE PENNSYLVANIA STATE

UNIVERSITY (hereinafter referred to as the

“University”),

AND

TEAMSTERS LOCAL UNION NO. 8, AFFILIATED

WITH THE INTERNATIONAL BROTHERHOOD

OF TEAMSTERS, REPRESENTING THE

SCHOLASTIC TECHNICAL SERVICE

EMPLOYEES OF THE PENNSYLVANIA STATE

UNIVERSITY (hereinafter referred to as the

“Union”).

WITNESSETH:

ARTICLE I — RECOGNITION

1.1 For the purpose of collective bargaining with

respect to wages, hours, and terms and conditions of

employment, the University recognizes the Union as

the exclusive bargaining representative of its regular

technical service employees in the bargaining unit

composed of all such employees wherever employed

by the University in the Commonwealth of Pennsyl-

vania, except that at all locations other than Univer-

sity Park campus, guards employed to enforce against

employees, and other persons, rules to protect the

property of the University or to protect the safety of

persons on the University’s premises shall be exclud-

ed from the bargaining unit. Guards and other secu-

rity employees located at the University Park campus

are included in the bargaining unit under the provi-

sions of Article IX, Section 904 of the Pennsylvania

Public Employee Relations Act, which permits vol-

untary bargaining on matters inconsistent with said

Act if such matter was provided for in a collective

bargaining agreement in existence on January 1, 1970.

In the event of any strike by technical service

employees, guards and other security personnel shall

continue to perform assigned duties, including the

enforcement against employees and other persons of

laws or rules to protect the property of the University

and the safety of persons on University premises.

1.2 The bargaining unit shall not include any

employees working in an executive, administrative,

academic, supervisory, professional, semi-

professional, or clerical capacity, domestics in the

residence of the University’s President, or student

employees as defined below. The University and the

Union recognize the need for the University to provide

financial assistance including employment of all types

for its students employed while attending school,

between semesters, or between school years. In

addition, nonregular employees (non-students) as

hereinafter defined shall not be in the bargaining unit.

1.3 Definitions

(a) A regular employee is one who has completed the

probationary period and who was or is hired into a

regular job following a job announcement.

(b) A regular job is one that consists of forty (40) hours

or more of work each week and which is intended to last

more than twenty-eight (28) consecutive weeks.

designated as one of the following:

1. one who works twenty (20) hours or less per week

indefinitely (20 hour-wage payroll)

2. one who works more than twenty (20) hours for up

to twenty-eight (28) weeks (28 week-wage payroll)

3. one who works in a work area in which the

Percentage Model applies

Further information regarding nonregular (wage

payroll) employees is provided in Section 1.5. No such

nonregular employee shall continue employment in a

work unit if there are regular employees on layoff in the

work unit who are qualified, available, and accept an

offer to perform the work. Further no such nonregular

employee, not including students as hereinafter defined,

shall be hired in a work area, if there are qualified regular

employees on layoff in the work unit who express

interest in and are available to perform the work.

(d) A student employee is a full-time (as determined

by University educational policy) student employed to

work twenty (20) hours or less a week. A student

employee may work in a work area more than twenty

(20) hours a week between semesters and school years,

provided that there are no qualified regular employees on

layoff from the work unit who express interest in and are

available to perform the work. In addition, a student

employee may work up to thirty (30) hours in a week in

Transportation, University Police, Bryce Jordan Center,

Palmer Museum, and Penn State Hospitality Services,

where special events on campus require hours of work

by trained student assistants in excess of the twenty (20)

hour limitation per student, provided there are no

qualified regular employees on layoff from the work unit

who express interest in and are available to perform the

work. Special events include concerts, athletic events,

cultural events, University social events, student charity

events, large meetings and conferences, etc. Also, a

student employee in Campus Catering may work up to

thirty (30) hours a week during the peak periods August

15 through December 15 and March 15 through May 5

each year, provided there are no qualified regular

employees on layoff from the work unit who express

interest in and are available to perform the work. The

number of student employees employed in a work unit

during any semester or summer session may not exceed

the number of student employees employed in that work

unit for the same semester or summer session the pre-

ceding year, if there are qualified regular employees on

layoff from the work unit who express interest in and are

available to perform the work. With respect to each

student employee, the University shall provide to the

Union the following information every four (4) pay

periods: partial Penn State identification number

identifier, work unit in which employed or formerly

employed, dates of pay periods worked and the total

number of hours worked per pay period. If there are

qualified regular employees on layoff from a work unit

who express interest in and are available to perform the

work, the University shall provide to the Union the total

number of student employees employed in such work

unit during such semester or summer session and the

total number of student employees employed in such

work unit for the same semester or summer session the

preceding year, within two (2) weeks of the University’s

receipt of the Union’s written request therefor.

A job performed by a student as a formal and integral

part of the student’s educational program, or a job which

is established under a program of student aid or work

study and which is dependent in whole or in part on

funding provided by an outside agency and specifically

designated for such program, shall not be limited by the

provisions of this subsection (d), if the job does not result

in the displacement of bargaining unit employees.

(e) Whenever any words are used in this Agreement in

the masculine gender, they shall be construed also as

though they were used in the feminine gender in all

situations where they would so apply.

1.4 Where practicable with the University’s work

requirements, the University shall combine duties

performed by nonregular employees (non-students)

under the purview of a supervisor in order to create

regular jobs.

If the Union has reason to believe that in a specified

work area the University has nonregular employees

(non-students) that perform duties that could be

combined to create a regular job, the University shall

review the matter and create a regular job, if in its

judgment it is practicable with its work requirements.

1.5 Employment of nonregular (wage payroll)

employees

(a) Twenty hour and twenty-eight week wage payroll

employees

1. The following shall apply to both twenty (20)

hour wage payroll employees and twenty-eight

(28) week wage payroll employees:

a) The stacking of wage payroll employees in

order to avoid the creation of full-time regular

positions is not permitted.

i. The parties intend that stacking shall include

the following general situations:

1. Employee A works a job on the twenty-eight

(28) week list for twenty (20) weeks and

Employee B then works on the same job on

the twenty-eight (28) week list for ten (10)

weeks, thus totaling thirty (30) weeks.

2. Employee A is on the twenty (20) hour wage

payroll list and works from 8:00am to

12:00pm and Employee B, also on the

twenty (20) hour wage payroll list, works

on the same job from 12:00pm to 4:00pm

for more than twenty eight (28) weeks.

ii. Work performed by nonregular employees on

a job at the same time shall not be combined

for purposes of determining whether stacking

has occurred. Therefore the parties do not

intend that stacking include the following

general situation:

The hours worked by six nonregular

employees, each working five (5) hours per

week on the same job and at the same time

(e.g., noon to 1:00 p.m. Monday through

Friday), or approximately the same time (e.g.,

one employee working noon to 1:00 p.m. and

another working noon to 2:00 p.m.) would not

be combined or calculated so as to equal forty

(40) hours of work on a job.

b) The parties agree that the use of wage payroll in

the following situations is acceptable and shall

not be counted, and therefore not subject to

remedy: hours worked by wage payroll

employees covering for extended paid or unpaid

absences in excess of five (5) work days

covered under Article XXVI, Sick Leave, the

Family and Medical Leave Act, Workers

Compensation leave or any other leave outlined

in Article XIII, Leave of Absence; for a leave of

any length under Article XIV, Leave of

Absence for Union Business; or for coverage

under Article XVIII, Temporary Transfer.

c) All hours worked by wage payroll shall mean

all hours paid, including any paid time off these

employees may receive.

d) Reporting

i. With respect to each nonregular employee,

the University shall provide to the Union the

following information every four (4) pay

periods: name, University identification

number, wage payroll designation (i.e. twenty

(20) hour wage payroll or twenty-eight (28)

week wage payroll), work unit in which

employed or formerly employed, dates of pay

periods worked and total number of hours

worked per week. In addition, the University

shall provide to the Union the following lists

every four (4) pay periods: temporary

nonemployee workers employed during the

period; students who dropped from full-time

to less-than-full-time student status;

nonregular, nonstudent wage payroll

employees filling in for full-time employees

on leaves of absence; nonregular, nonstudent

wage payroll employees filling in for twenty

(20) weeks or more for full-time employees

temporarily transferred to another

assignment; and names of the areas to which

the budget numbers shown on the every four

(4) pay period submission of information

apply. If the Union has reason to believe the

information provided by the University

establishes a violation of Article I, Sections

1.3(b) or (c), it shall so notify the University

in writing within thirty (30) calendar days of

receipt of the information. In this notification

the Union will articulate the specific factual

basis for its belief that a violation exists. The

University shall review the matter and

respond to the Union indicating the

University’s findings within sixty (60)

calendar days of receipt of the Union’s

inquiry.

ii. In the case where a wage payroll employee

works in both a technical service and non-

technical service payroll classification, all

hours must be accurately classified in

advance. All hours reported as technical

service to the Union shall be considered

technical service hours.

2. The following shall apply only to a twenty (20)

hour wage payroll employee:

a) the employee shall work no more than twenty

(20) hours per week in the same work unit.

b) the University shall notify the Union in advance

when a twenty (20) hour wage payroll

employee is going to be changed to a twenty-

eight (28) week wage payroll employee. Any

week which is subject to an overtime penalty

may not be counted to the twenty-eight (28)

week allotment.

c) in the case where such an employee works

twenty-one (21) hours or more in a calendar

week, regular employees in the work unit, who

perform similar work as the employee who

exceeded the threshold, will be offered

available overtime hours equivalent to all hours

worked over twenty (20) in the calendar week

and shall be paid at the rate of twice the hourly

rate for such hours worked, providing the work

unit has such overtime available. If such

overtime is not available within six (6) months

of the determination of a violation, the

remaining hours of this penalty will be paid at

twice the hourly rate to those employee(s),

identified by the Union, who perform similar

work as the employee who exceeded the

threshold.

3. The following shall apply only to a twenty-eight

(28) week wage payroll employee:

a) the employee shall work no more than twenty-

eight (28) weeks within a thirty-week period in

the same work unit.

b) following a break in service of ten (10) or more

weeks, during which no work is performed by

the employee in the same work unit, the wage

payroll employee is considered a new employee

upon returning to work for that work unit and

may be placed in either wage payroll

designation. For purposes of this section the

Housing work unit and the Food Service Dining

Commons work unit shall be considered the

same work unit.

c) in the case where such an employee works for

more than twenty-eight (28) weeks within a

thirty-week period or does not complete a full

ten (10) week break in service following a

twenty-eight (28) week assignment, the job

shall be filled in accordance with the provisions

of Article XII — Job Vacancies.

(b) Percentage Model

1. The purpose of the Percentage Model is to

determine allowable wage payroll hours in a work

area as a function of full-time technical service

staffing levels and applies to the following areas:

Bryce Jordan Center, Penn Stater Hotel and

Conference Center, Nittany Lion Inn, and

Laundry Services.

2. There are two limits on the usage of wage payroll

in the Percentage Model:

a) No work area may exceed their wage payroll

usage percentage in a fiscal year.

b) No wage payroll employee shall work more

than 1560 hours performing work classified as

technical service for the same work unit in a

fiscal year.

3. The wage payroll usage percentage is the

proportion of the total number of hours wage

payroll employees spend performing technical

service work compared to the full-time technical

service staffing level in a work area in a fiscal year

(currently July 1 through June 30). Subject to the

following parameters:

a) The Applicable Percentages are: Bryce Jordan

Center – 70%; Penn Stater Hotel and

Conference Center – 50%; Nittany Lion Inn –

40%; and Laundry Services – 10%.

b) For purposes of the calculations a full-time

technical service position equates to 2080 hours

per year.

c) The total number of hours wage payroll

employees spend performing technical service

work does include any paid time off these

employees may receive.

d) The hours worked by wage payroll employees

covering for the following absences (Excepted

Wage Payroll Hours) shall be excluded from the

calculation of total number of hours wage

payroll employees spend performing technical

service work:

i. for extended paid or unpaid absences in

excess of 5 work days covered under Article

XXVI, Sick Leave, the Family and Medical

Leave Act, Workers Compensation leave or

any other leave outlined in Article XIII,

Leave of Absence;

ii. for a leave of any length under Article XIV,

Leave of Absence for Union Business;

iii. for coverage under Article XVIII, Temporary

Transfer;

iv. for up to eight weeks spent covering for a job

vacancy which is being actively filled

4. Reporting

a) The University shall provide monthly reports to

the Union for each work area in the Percentage

Model. These reports shall include:

i. Number of Full-Time Technical Service

Positions: refers to the total number of full-

time technical service employees on the last

day of the month, including employees on

leave and vacancies. Vacancies can only be

counted if the University is actively working

to fill, and then only up to a maximum of eight

(8) weeks.

ii. Total Wage Payroll Hours: refers to the total

number of hours worked by wage payroll

employees in the month performing work

classified as technical service.

iii. Excepted Wage Payroll Hours: refers to the

total number of hours worked by wage payroll

employees in the month in the categories

listed in 3d above.

iv. Countable Wage Payroll Hours: refers to the

Total Wage Payroll Hours less the Excepted

Wage Payroll Hours.

v. Wage Payroll Usage Percentage: this is

calculated as indicated in the following

equation:

Wage

Payroll

Usage

Percentage

Countable Wage Payroll Hours

(Number of Full-Time Positions

x 2080)

vi. Year-to-Date Total Wage Payroll Hours

vii. Year-to-Date Excepted Hours

viii. Year-to-Date Countable Wage Payroll Hours

ix. Year-to-Date Wage Payroll Usage Percentage

b) Individual Employee Reports – Twice yearly

(currently in December and June) the

University shall provide to the Union a report

which includes the total year-to-date hours

classified as technical service worked by each

wage payroll employee who has performed

work classified as technical service in the work

area.

5. If the last month of the fiscal year report shows

that a work area’s Year-to-Date Wage Payroll

Usage Percentage is less than the Applicable

Percentage no remedy is required.

6. The remedy for a wage payroll employee working

in excess of 1560 hours:

a) If one wage payroll employee has worked 1560

hours or more (not including Excepted Hours)

performing work classified as technical service

within the same work unit within a fiscal year,

the University will create a full-time job in the

appropriate job title and grade.

b) Any jobs created shall be filled in accordance

with the provisions of Article XII — Job

Vacancies.

7. The remedy for wage payroll usage exceeding the

Applicable Percentage:

a) If the last month of the fiscal year report shows

that a work area’s Year-to-Date Wage Payroll

Usage Percentage exceeds the Applicable

Percentage, the following shall apply:

i. If the total hours worked by wage payroll

employees within a work area is in excess of

the Applicable Percentage allotment by one

full hour, the University will create at least

one full-time job in the appropriate job title

and grade in the respective work area.

ii. The Percentage Model Adjustment

Calculation shall be applied to determine if

more than one job must be created.

iii. The following explains the Percentage Model

Adjustment Calculation:

1. Year End Job Count refers to the total

number of full-time technical service

employees on the last day of the fiscal year,

including employees on leave and

vacancies. Vacancies include only those

which the University is actively working to

fill, and then only up to a maximum of eight

(8) weeks.

2. The Compliant Job Count is calculated as

follows:

Compliant

Job Count

Year-to-Date Countable Wage

Payroll Hours

Applicable Percentage x 2080

3. The Percentage Model Adjustment

Calculation is calculated as follows:

Percentage

Model

Adjustment

Calculation

Compliant

Job Count

Year End

Job Count

4. The result of the Percentage Model

Adjustment Calculation (PMAC)

determines the number of positions to be

created as follows, basic rounding shall

apply:

a. One (1) hour over up to a PMAC of 1.5 =

one (1) fulltime job

b. A PMAC of 1.5 through 2.4 = 2 full-time

jobs

c. A PMAC of 2.5 through 3.4= 3 full-time

jobs

d. A PMAC of 3.5 through 4.4 = 4 full-time

jobs

e. Etc.

b) Any jobs created shall be filled in accordance

with the provisions of Article XII — Job

Vacancies.

ARTICLE II — SECURITY

2.1 Membership in the Union is not compulsory.

Employees have a right to join, not join, maintain or

drop their membership in the local Union as they see

fit subject to other provisions of this article. Neither

party shall exert any pressure on nor discriminate

against an employee in regards to such matter.

2.2 All employees who, at time of the execution of

this Agreement, are members of the Union in good

standing in accordance with its constitution and

bylaws or who may thereafter become members shall

remain members of the Union for the duration of this

Agreement, except that any such employee may resign

from the Union during a period of fifteen (15) days

prior to the expiration of this Agreement, provided that

the employees have entered into a valid and

enforceable written agreement with the Union

requiring same. The Union will provide the University

with a copy of any such agreement. In the event this

provision for Union security shall be declared to be

invalid by any tribunal of competent jurisdiction, the

Union shall indemnify and hold harmless the

University from any and all damages, restitution of

amounts paid hereunder, or other monetary liability

which may accrue against the University by virtue of

this Article's provisions.

2.3 The University shall inform all employees at the

time of hire of the existence of this Collective

Bargaining Agreement.

2.4 In the event that the United States Supreme

Court overturns the holding in Janus v. AFSCME

Council 31, and rules that Fair Share provisions in

public sector collective bargaining agreements are

constitutional, the parties agree that the Fair Share

language previously included in this Article 2 shall

automatically be reinstated into the Collective

Bargaining Agreement. If such language would not

comply with the change in law, the parties will bargain

over the language to be reinstated into the Collective

Bargaining Agreement.

ARTICLE III — CHECKOFF

3.1 T

he Union will notify the University monthly

of any changes in employee union membership,

Steward status changes, and any required initiation

fees.

3.2 The Un

iversity agrees to deduct amounts

equal to the Union's regular dues and initiation fees

from the wages of all members of the Union

covered by this Agreement who have given the

Union authorization in writing for the University to

make such deductions.

3.3 (a) The

University shall remit monthly to the

Secretary-Treasurer of the Union the amounts

deducted in accordance with the provisions hereof

accompanied by a list of the names and social

security numbers of the members for whom such

deductions were made.

(b) The University

shall notify the Union upon hire

and after the completion of the probationary period

of the name and address of each employee so hi

red.

University shall monthly remit to the

Union the names of all current probationary and

non-member employees within the bargaining unit.

(d) The University shall monthly remit to the

Union the names of all terminated bargaining unit

employees as well as any employee transferring into

or out of the bargaining unit.

(e) The University shall monthly remit to the

Union the names and social security numbers of all

employees for whom dues have not been deducted.

The University separately shall monthly remit a list

of the names and social security numbers of all

Union stewards.

(f) The University shall monthly remit to the

Union the names of all employees who were paid for

hours worked below their regular job grade rate.

3.4

Special Union political action committee,

voter education, and charitable contribution

deductions shall be made from the wages of members

of the bargaining unit who authorize the University

in writing to make such deductions. Such

deductions shall be remitted biweekly to the Union.

An employee's authorization of a special deduction

can be cancelled at any time. At the time of remittance

of such deductions, the University also shall provide

the Union with separate lists of all employees for

whom such deductions have been made.

ARTICLE IV — STRIKES AND LOCKOUTS

4.1 There shall be no strikes, slowdowns or ces-

sation of work by the employees or lockouts by the

University during the term of this Agreement.

4.2 The Union shall not authorize or ratify any

strikes, work stoppages, slowdowns, interruptions of

operations or picketing at the University. Should any

employee engage in such conduct without Union

authorization or ratification the Union’s sole obliga-

tion shall be to endeavor within twenty-four (24) hours

after receipt of written notice thereof from the

University to bring about a cessation of such conduct.

Employees who have engaged in such conduct shall be

subject to discharge and/or other discipline.

4.3 The University shall not order, authorize, or

ratify a lockout during the life of this Agreement.

Should any lockout occur, the University, in good

faith, shall endeavor within twenty-four (24) hours

after receipt of written notice thereof from the Union

to terminate the lockout and reinstate the employees,

with no loss of pay or any other benefit.

4.4 An employee who refuses to cross a picket

line shall be subject to the terms of Section 1101 of

Article XI of The Public Employee Relations Act of

Pennsylvania (Act 195), except that the University

agrees that it shall not be cause for discharge or dis-

ciplinary action in the event an employee refuses to

enter upon the property of any employer not subject to

the provisions of The Public Employee Relations Act

involved in a primary labor dispute or refuses to go

through or work behind any primary picket lines set up

at the property of any such other employer’s place of

business.

ARTICLE V — MANAGEMENT RIGHTS

5.1 The Union agrees that except for limitations of

other provisions of this Agreement, expressed or

implied, there are functions, powers, responsibilities

and authorities belonging solely to the University

prominent among which, but by no means wholly

inclusive are: the hiring of employees; the direction of

the working force; the establishment and enforcement

of work rules; the determination of the number of men

or women to be employed or retained in employment;

the employment of students; the scheduling of over-

time and the determination of the amount of overtime

required; the establishment and maintenance of stan-

dards of quality and performance; the determination

of employee competency; the maintenance of disci-

pline; the determination of the work to be performed;

the determination of the physical layout, machines,

tools and equipment to be used in the operation of

the University; the determination of operation sched-

ules; the determination of the number of shifts to be

worked; the determination of the duties to be included

in any job; the elimination, change or consolidation

of jobs, departments, or subdivisions thereof; the

reduction of the work force because of lack of work

or administrative reasons; an

d the suspension, demo-

tion or discharge of employees for just cause. The

University shall meet and discuss on policy matters

affecting wages, hours, and terms and conditions of

employment as well as the impact thereon upon request

by the Union. The University agrees that in the

exercise of its functions, powers, responsibilities and

authorities, including but by no means wholly inclusive

the establishment and enforcement of work rules, it

shall take no action which is arbitrary or capricious or

as a device to denude the bargaining unit or for the

purpose of undermining the Union. The University

further agrees that a grievance may be filed in

accordance with the grievance procedure to determine

whether action taken by the University violates this

Agreement or was arbitrary or capricious, or as a device

to denude the bargaining unit or for the purpose of

undermining the Union.

5.2 Supervisory Functions

No supervisor shall perform bargaining unit work

except for the purpose of instruction and

demonstration, or if qualified members of the

bargaining unit are not readily available, or if an

emergency or critical problem exists. An emergency

or critical problem shall be defined to mean that

immediate performance of work is required (a) to

preserve life or property, or (b) to protect against

damage to material or process.

The University will investigate all complaints of

violations of this Section brought to its attention by the

Union; if upon investigation the University determines

that a supervisor has performed bargaining unit work

in violation of this Section it will take appropriate

action, including a cease and desist directive, to meet

its commitment under this Section without requiring

the Union to utilize the grievance and arbitration

procedure. In the event that the University determines

that a violation exists, but the action taken by the

University does not, in the judgment of the Union,

cause the violation to cease, or in the event the Union

disagrees with the University’s determination that no

violation exists, the matter may be grieved at the

second step of the grievance procedure. If the matter

is referred to arbitration, and the arbitrator decides in

favor of the Union, the arbitrator shall have the

authority to issue a cease and desist order and to

require the University to pay all or a part of the Union’s

share of the arbitrator’s costs.

5.3 University Directives and Policies Identified

by the Union

Upon request and as specifically identified by the

Union, the University shall provide a copy of any

University work-unit policy or directive pertaining to

members of the bargaining unit. It is understood that

stewards normally inform the Union of such policies

or directives.

ARTICLE VI — DISCIPLINE AND

DISCHARGE

6.1 The University shall have the right to disci-

pline or summarily discharge an employee for just

cause. The employee disciplined or discharged may

file a grievance if filed within three (3) work days of

the discipline or discharge. In the event of discharge,

the grievance shall be heard at the Second Step of the

grievance procedure.

6.2 Warning Letters

The University may issue a letter of discipline

(warning letter) to an employee in accordance with the

following procedure:

(a) A meeting between the employee and the

supervisor shall be held as soon as practicable. The

employee’s steward or alternate steward shall be

present at the meeting unless the employee objects at

the beginning of the meeting. At this initial meeting,

the supervisor shall inform the employee that it is a

disciplinary meeting and:

(1) if the facts warrant, that the employee is failing

to meet acceptable standards of performance and that

a warning letter will be issued; or

(2) that following an investigation of no more than

seven (7) work days, a decision of whether to issue a

warning letter will be made.

(b) The supervisor shall have three (3) work days

after the decision to issue a warning letter informing

the employee of the date of the meeting(s) above

mentioned, and the manner in which the employee is

failing to meet acceptable standards of performance.

Except in cases of a third warning letter, the warning

letter also shall inform the employee what is expected

to meet acceptable standards of performance and that

dismissal will result if such standards are not met. A

copy of the warning letter shall be provided to the

Manager of Labor and Employee Relations.

month period following the date of issue. An employee

with three (3) active warning letters will be discharged.

A warning letter issued to an employee which has been

on file for a period of more than twelve (12) months

following the date of the letter shall not be used in

considering the employee for promotion or transfer.

6.3 Discharge

Discharge of an employee shall be on recommen-

dation of the supervisor to the Dean or other appro-

priate administrative officer of the work unit.

In the event of summary discharge or discharge as

the result of a third warning letter, the supervisor shall

not take action to discharge the employee either sum-

marily or upon a third warning letter without the prior

approval of the Dean, or other appropriate administra-

tive officer, and the Manager of Labor and Employee

Relations. At the time of discharge, the employee shall

be notified that employment is terminated effective

immediately. A third warning letter or summary

discharge letter shall be given to the employee or

mailed to the employee’s last known address. A

summary discharge letter shall include the reason for

the discharge.

6.4 The University shall notify the Union of any

discharge and submit to the Union a copy of any

warning letter or discharge letter given or mailed to an

employee. If discharge is based on a third warning

letter, the University also shall submit copies of the

other two (2) warning letters involved.

6.5 Discipline and Discharge – Third Parties

The University and Union agree that the decision

to take disciplinary action should not be based solely

on information provided by undisclosed third parties.

The University and Union recognize, however, that

in special circumstances the identity of a third party

must be shielded, such as, for example, University

students or customers.

ARTICLE VII — TARDINESS

7.1 Tardiness is subject to disciplinary action. In

any case, the employee will receive a salary deduc-

tion for time lost because of tardiness as follows:

(a) Less than eighteen (18) minutes in any one day

— no salary deduction.

(b) Eighteen (18) minutes or more in any one

day — salary deduction will be made starting from the

beginning of the time missed and calculated as

described in Section 7.2.

7.2 Short absences are charged in units of one- tenth

of an hour (six minutes). Fractional parts of a unit are

not counted.

ARTICLE VIII — GRIEVANCE PROCEDURE

8.1 All disputes concerning the operation or inter-

pretation of this Agreement shall be settled in accor-

dance with the grievance procedure. If a grievance is

once settled at any stage of the grievance procedure,

it shall be considered closed.

8.2 Computing Time Limits

Saturdays, Sundays and holidays shall not be

applied in computing time limits under this Article,

nor shall the normal work days off of the grievant

employee or his immediate supervisor apply in com-

puting the time limits of this Article. All time limits

may be extended solely by agreement of the parties in

writing. If the party against which a grievance is filed

fails to comply with any such time limit or extension

thereof, the grievance may be appealed to the next

step at the expiration of such time limit.

8.3 Job Evaluation Grievance

(a) If substantial changes are made in the regu-

lar duties and requirements of a job, either party may

propose a revision of the job grade for that job. If there

is a dispute between the Union and the University

regarding the proposed job grade, such dispute shall be

handled through the grievance procedure, except that

the matter shall be reviewed initially by Labor and

Employee Relations on behalf of the University. If the

dispute continues following such review, the matter

shall be handled through the grievance procedure and

heard at the Second Step by the Manager of Labor and

Employee Relations or his designee. If the University

intends to revise the description while a job is in

dispute, prior to making such change the University

will discuss the change with the Union.

(b) If the University creates a new job within the

bargaining unit, it shall give to the Union the job title,

job description together with the degree assigned to

each factor in the evaluation and the job grade prior

to assignment of an employee to the job. In the event

the Union disputes the job grade, the University shall

nevertheless have the right to assign an employee

to that job in its job grade and such dispute shall be

handled in accordance with the grievance procedure,

starting at the Second Step.

tions of substantial change and the grade of a job, the

hearing shall be processed in two steps. In the first step

the arbitrator will be asked to rule as to whether or not

there has been substantial change in the job. If the

arbitrator determines that substantial change has

occurred, he shall then also rule on the grade of the

job. If the arbitrator determines that substantial change

has not occurred, he shall not rule on the grade of the

job. If the arbitrator’s decision results in a change in

the grade of the job, the arbitrator’s decision shall be

retroactive to the date the grievance was filed.

8.4 Safety Grievance

A grievance concerning safety shall be discussed

by the employee with the employee’s supervisor. If the

employee is not satisfied with the explanation or action

taken by the supervisor, the grievance shall proceed to

the Second Step of the grievance procedure.

8.5 Job Bid Grievances

If more than one (1) written job bid grievance is

filed for the same announced vacancy, the Union shall,

if it wishes to pursue the matter, select one (1) of the

grievances to be heard at the second step, and the

remaining grievances shall be considered closed.

8.6 Grievance Procedure

The grievance procedure shall be as follows:

FIRST STEP: The employee shall present his

grievance orally to his immediate supervisor, with

or without the presence of the shop steward at the

employee’s discretion. The grievance must be

presented within three (3) days after the employee

becomes aware of or should have become aware of the

circumstances of which he grieves. The answer of

the immediate supervisor shall be given to the

employee within three (3) days after the grievance

is presented.

SECOND STEP: If the grievance is not settled at

the First Step, the grievance must be put in writing

describing the subject matter thereof, within three (3)

days after the First Step answer and two (2) copies

of same must be given to the employee’s immediate

supervisor and one (1) copy must be given to the

Union. A request to schedule the grievance at the

Second Step must be made in writing by an authorized

Union representative to the Manager of Labor and

Employee Relations. Paid representatives of the

Union, the steward if invited by the employee, the

employee [or up to three (3) employees within an

aggrieved group for a group grievance] shall meet

after such request with the Manager of Labor and

Employee Relations, or his designee, and such other

University representatives as are appropriate. The goal

of the parties will be to hold the Second Step meeting

within ninety (90) calendar days of the request for

scheduling. The University and Union

representatives may invite such person or persons as

are intended to present testimony in the hearing at the

Second or Third Steps subject to the provisions of

Section 8.15 in order to ascertain the facts and/or

resolve the dispute. The University shall provide a

decision in writing within ten (10) days to the Union,

with copies to the employee (or group representatives

in a group grievance), and the appropriate steward.

After consideration of such decision, further such

meetings may be held by mutual agreement. A

grievance of the University or a grievance of the

Union shall be initiated upon written request at the

Second Step of the grievance procedure.

THIRD STEP: If the grievance is not settled at the

Second Step, the Union or the University has a right to

request arbitration by giving notice to the other in

writing within forty-five (45) days of the date of the

answer at the Second Step.

8.7 Selection of Arbitrator

(a) If arbitration is requested, the parties shall

attempt to mutually agree on an arbitrator. If such

agreement cannot be reached, the Federal Mediation

and Conciliation Service will be requested to send

a list of seven (7) suggested arbitrators. The parties

shall select the arbitrator from such list by each party

alternately removing one name from the list until one

name remains.

(b) The Union will notify the arbitrator in writing,

with a copy to the Manager of Labor and Employee

Relations, of his selection and request that the

arbitrator provide available dates for the hearing from

91 to 180 calendar days in the future. The goal of the

parties will be to arbitrate the grievance within six (6)

months of the date of the Second Step answer.

parties agree to select a single arbitrator mutually

agreeable to both parties, who will rule on all such

grievances submitted to arbitration during the first

year of this Agreement. The arbitrator selected shall be

experienced in matters relating to job classification

and evaluation and familiar with job rating plans of the

type then currently in effect at the University, and the

arbitrator selected by the parties shall make a

decision based upon the principles of the job rating

plan then currently in effect at the University.

If after each year of this Agreement the parties do

not agree to either (1) continue with the same single

arbitrator for another year or (2) select a different

single arbitrator for another year, the parties shall

select arbitrators for job evaluation grievances in the

same manner as for general grievances, except that the

arbitrators selected shall be from a list of arbitrators

experienced in job evaluation as stated above.

8.8 Arbitrator’s Decision

The decision of the arbitrator shall be final and

binding on the parties and the arbitrator shall be

requested to issue the decision within thirty (30)

calendar days after the conclusion of testimony and

argument. Compliance with the decision of the

arbitrator shall be made at the earliest reasonable

opportunity thereafter.

8.9 Arbitration Expenses

The expenses for the service of the arbitrator shall

be borne equally by the University and the Union.

Stenographic service may be employed in connection

with the arbitration at the discretion of either party at

its expense. If the parties mutually agree upon steno-

graphic service, the expenses therefore shall be borne

equally by the University and the Union.

8.10 There shall be no right to obtain and no arbitra-

tor shall have any power to award or determine any

change in, modification, or addition to, or subtraction

from, any of the terms of this Agreement. Provided,

however, nothing herein contained shall be deemed

to limit the right of an arbitrator to interpret the terms

of this Agreement and clarify apparent inconsisten-

cies therein.

8.11 In a discharge case, the arbitrator shall have the

authority to sustain the discharge, or if he finds that the

discharge was not proper, he shall have authority to

order reinstatement and compensation for time lost

in whole or in part, or to find that the penalty

imposed upon the employee was too severe and

award a less severe penalty.

8.12 Any provision of the grievance procedure may

be waived by agreement of the parties in writing.

8.13 Special meetings may be arranged by agree-

ment of the parties. International representatives, if

requested by the Local Union, may participate in such

special meetings. The party requesting the special

meeting shall notify the other party in writing of the

subject to be discussed.

8.14 The parties shall have the right to pursue any

appropriate remedy, including the right to initiate a

suit in Court in the event of a breach of the Article

of this Agreement concerning Strikes and Lockouts

without submission to the grievance and arbitration

procedures of this Article or in the event of the failure

to abide by an arbitrator’s award. As soon as the

offended party learns of a breach of the Article of

this Agreement concerning Strikes and Lockouts, such

party shall immediately notify the other party of such

breach in order that both parties may endeavor to

remedy the situation.

8.15 Employees attending proceedings pursuant to

the provisions of this Article as grievants or official

Union representatives or witnesses shall be reim-

bursed at their normal rates of pay for any normal work

time missed for such proceedings.

ARTICLE IX — SENIORITY

9.1 Employees shall accrue two kinds of seniority

as follows: (a) bargaining unit seniority and (b) work

unit seniority.

If more than one employee has the same bargain-

ing unit seniority date, the seniority as between such

employees shall be determined by the last four digits

of their Penn State identification number, the lower

the number the more senior the employee.

However, if more than one employee has the same

work unit seniority date, then bargaining unit seniority

shall be the next criterion to determine work unit

seniority; provided, however, a work unit seniority

order determined by chance prior to this Agreement

shall continue in effect until such employee changes

to a different job title or work unit.

9.2 Bargaining Unit Seniority Defined

Bargaining unit seniority is all continuous regular

service in the bargaining unit from the first day of

regular employment in the bargaining unit including

periods of layoff and leave of absence without pay.

9.3 Work Unit Seniority Defined

Work unit seniority is all continuous regular service

in the work unit from the first day of regular employ-

ment in the work unit, including periods of layoff or

leave of absence without pay. Work unit seniority is

lost upon the permanent transfer by an employee out

of his work unit. (See Article XXXVIII, Section 38.6

regarding superseniority for Stewards.)

The work units at the University are:

1. Penn State Abington Housing and Food Services

2. Penn State Abington, except Housing and Food

Services

3. Academic Colleges (each separately)

4. Airport Operations

5. Penn State Altoona Housing and Food Services

6. Penn State Altoona, except Housing and Food

Services

7. Applied Research Laboratory

8. Auxiliary Recreation Services

9. Penn State Beaver Housing and Food Services

10. Penn State Beaver, except Housing and Food

Services

11. Penn State Berks Housing and Food Services

12. Penn State Berks, except Housing and Food

Services

13. Penn State Brandywine Housing and Food

Services

14. Penn State Brandywine, except Housing and

Food Services

15. Bryce Jordan Center

16. Café Laura

17. Campus Catering

18. Campus Recreation

19. Dickinson School of Law

20. Division of Undergraduate Studies

21. Penn State DuBois

22. Electro-Optics Center

23. Penn State Erie, The Behrend College Housing

and Food Services

24. Penn State Erie, The Behrend College, except

Housing and Food Services

25. Penn State Fayette, The Eberly Campus

26. Field Stations (each separately)

27. Food Production and Distribution

28. Food Service Dining Commons

29. Penn State Great Valley

30. Penn State Harrisburg Housing and Food

Services

31. Penn State Harrisburg, except Housing and

Food Services

32. Penn State Hazleton Housing and Food Services

33. Penn State Hazleton, except Housing and Food

Services

34. Housing

35. Housing and Food Services Maintenance

Services

36. HUB Dining

37. HUB-Robeson Center

38. Intercollegiate Athletics

39. Penn State Information Technology

40. Penn State Greater Allegheny Housing and Food

Services

41. Penn State Greater Allegheny, except Housing

and Food Services

42. Penn State Law

43. Penn State Lehigh Valley

44. Penn State Mont Alto Housing and Food

Services

45. Penn State Mont Alto, except Housing and Food

Services

46. Navigation Research and Development Center

47. Penn State New Kensington

48. Office of Business Services

49. Office of Physical Plant

50. Outreach

51. Penn State Hospitality Services

52. Penn State Schuylkill Housing and Food

Services

53. Penn State Schuylkill, except Housing and Food

Services

54. Senior Vice President for Research

55. Penn State Shenango

56. The College of Medicine (Hershey)

57. University Health Services at the Student

Health Center

58. University Libraries

59. University Police

60. Weis Research Center

61. Penn State Wilkes-Barre

62. Penn State Worthington Scranton

63. Penn State York

9.4 Probationary Employee

A newly hired employee on a regular job shall

have no seniority or other benefit rights for the first

ninety (90) calendar days of employment, except that

the employee shall have the retirement and insurance

coverages provided in this Agreement and shall

accumulate vacation, service days, and sick leave

allowance in accordance with this Agreement but shall

not be permitted to use such vacation, service days, and

sick leave until the completion of the ninety (90) day

probationary period. During this ninety (90) day

probationary period, the employee shall be considered

as a probationary employee and during said period the

University may discharge such probationary employee

without being subject to Article VI — Discipline and

Discharge and Article VIII — Grievance Procedure.

In the event the employment of any newly hired

employee on a regular job is continued beyond ninety

(90) days, such employee shall be immediately clas-

sified as a regular employee and the employee’s

seniority shall date back to the date on which the

employee was hired.

In the event a new employee changes or is trans-

ferred to a new job title with a different supervisor

during the probationary period, such employee must

serve a new probationary period in the new job before

the employee will be classified as a regular employee.

In the event a probationary employee is laid off,

time spent during layoff shall not count toward the

ninety (90) calendar days. However, time spent in

the probationary period prior to layoff will count

toward completion of the probationary period pro-

vided the employee is recalled in the same job title

within 120 calendar days of the date of layoff.

9.5 Bargaining Unit Seniority

Bargaining unit seniority shall be applicable in

determining the following employee rights:

(a) To award a job to an employee as a result of

the job bidding procedure as provided in the Article

entitled “Job Vacancies” provided that the other

requirements of said Article are satisfied;

(b) To determine the amount of layoff prior to

termination of employment;

with the provisions of this Agreement concerning

layoff;

(d) To determine the order of recall in accordance

with the provisions of this Agreement concerning

recall.

9.6 Work Unit Seniority

Work unit seniority shall be applicable in deter-

mining the following employee rights:

(a) To assign overtime work among employees

in accordance with the overtime provisions of this

Agreement.

(b) To determine vacation schedules from among

the times made available by the University in accor-

dance with the provisions of this Agreement concern-

ing vacations.

on and days off and/or shifts where employees with

the same job title within a work area or work group

have work schedules providing for a variety of days on

and days off and/or a variety of shifts in accordance

with the following:

An employee in such an area or group, who wants

to request a change in days off, and/or shift in that area

or group, shall indicate a preference in writing to the

supervisor during March each year. In fulfilling such

requests, supervisors shall put the new schedules into

effect for the next following fall semester.

In determining the assignment of days on and days

off and/or shifts, work unit seniority shall not be

applicable:

(1) Where an employee requests two (2) weeks

in advance a change of schedule because the

employee is a member of the Armed Forces

Reserve or National Guard and is required to

report for a drill session of two days’ dura-

tion or less, or

(2) Where the assignment of work schedules in

accordance with work unit seniority would

result either in the payment of overtime or less

days of work for the employee with such work

unit seniority.

(d) To determine the assignment of a shift in

accordance with Sections 19.1(c) and (e).

9.7 The parties mutually recognize that the

employee with the greatest seniority may not be

capable or qualified. The University shall, however,

give employees with the greatest seniority first con-

sideration. The determination of the qualifications of

any employee in all circumstances rests with the

University subject to the grievance procedure.

9.8 Termination of Seniority and Employment

Seniority and employment shall be terminated for

any of the following reasons:

(a) Where an employee quits.

(b) Where an employee is discharged for just cause.

three (3) consecutive work days without properly

notifying the University unless the employee can

demonstrate that the absence was caused by an emer-

gency and that it was impossible for the employee to

give proper notification to the supervisor.

(d) Where an employee fails to report to work on the

date scheduled, or given in a “Notice of Recall,” (in

accordance with the provisions of Article XI, Recall),

unless the failure to return is caused by an emergency

and it is impossible for the employee to notify the

supervisor.

(e) Where an employee fails to return to work after

physically being able to do so following a leave of

absence for illness or injury, unless the failure to return

is caused by an emergency and it is impossible for the

employee to notify the supervisor.

(f) Where an employee fails to return from leave

of absence on the required date, unless the failure to

return is caused by an emergency and it is impossible

for the employee to notify the supervisor, or misrep-

resents the reason for a leave of absence.

(g) Where an employee is laid off for a continu-

ous period equal to two (2) years.

9.9 To protect seniority, each employee shall keep

the University informed of the employee’s current

home address and telephone number. At the time of

layoff, an employee shall be given an opportunity to

write the correct home address and telephone number

over the employee’s signature on a University form

furnished for that purpose, and will receive a copy of

such form.

9.10 Posting of Seniority Lists

Each year, during the months of April and October,

within each work unit, two seniority lists of employ-

ees in the work unit shall be posted as follows:

(a) Work unit seniority list. Employees shall be

grouped by job title, by grade in work unit seniority

order.

(b) Bargaining unit seniority list. Employees shall

be listed in bargaining unit seniority order. The list

shall show the employee’s name, job title and grade.

The lists above shall be posted in all usual places for

posting official announcements for employees in that

work unit and two copies of the lists shall be made

available to the Union. Such lists shall remain posted

for the applicable period.

ARTICLE X — LAYOFF

10.1 Definition

A layoff is any curtailment of the work force.

10.2 Order of Layoff

(a) Layoffs of employees shall be made in a work unit

by job title in order of bargaining unit seniority.

Provided, however, that where layoffs of employees in a

job title occur in Food Service Dining Commons work

areas only on varying dates within fourteen (14) calendar

days, the specific date of layoff for each such employee

shall be the date the employee’s specific job is curtailed

and such employee shall not be subject to bumping

during that period.

(b) In the event the jobs being curtailed are performed

by senior employees in that job title, such employees

shall replace the employees with the least bargaining unit

seniority in that job title in the work unit.

bargaining unit seniority than other employees within the

same or lower grade in the work unit such employees

shall bump the least senior employees in the work unit in

the same or the next two lower grades. Bumps of the least

senior employees beyond the next two lower grades shall

be at the option of the employees. The employees so

bumped shall have the same bumping obligations and

options so that the least senior employees in the work

unit shall be the first laid off. Provided, however, that any

employee bumping into a different job title shall be

capable of performing the work and, except when

bumping into grade 9 through 12, shall meet the

minimum qualifications for the position. The University

is not obligated to train an employee in order to qualify

the employee for bumping.

(d) In 10.2(b) and (c) above, an employee shall fill an

available vacancy in a job title, in lieu of the

announcement procedure, rather than displace or bump

another employee. Where a number of eligible

employees bump into the same job title concurrently, the

choice of available jobs in that job title shall be offered

to employees in accordance with bargaining unit

seniority. The senior employee need not bump a least

senior employee who has fewer regularly scheduled

hours of work, but, in that event, may bump the least

senior employee who has the same number of hours of

regularly scheduled work.

(e) Once all bumps occur in 10.2 (a), (b), (c), and (d)

above, the work schedules of employees in the affected

job titles will be set in work unit seniority order.

10.3 Except for training purposes, such as when a new

dining commons is opened and new employees must be

familiarized with the work area and equipment for a short

period of time prior to beginning normal operations of

the unit, no new regular employees shall be hired in a job

title if any employee in the work unit in that job title is

on layoff and subject to recall in accordance with the

provisions of the Agreement.

10.4 Notice of Layoff

Notice of layoff must be given to an employee in

writing two (2) calendar weeks prior to its beginning

date, except that lesser notice may be given in the event

of unforeseen circumstances. A copy of the notice of

layoff shall be provided to the Union.

10.5 Rights of Employee During Layoff

An employee on layoff shall:

(a) Maintain all group insurance coverages in which

enrolled for the first 180 calendar days of the employee’s

layoff by payment in advance, or following a billing as

specified at the time of layoff, of the regular biweekly

contributions due during the layoff, unless the employee

notifies the University in writing prior to the date of the

layoff that the employee does not wish to continue such

coverage, which notice of termination shall terminate all

insurance coverage as of the end of the final pay period.

No claim shall be paid unless an employee is paid up for

all his insurance. An employee who has not paid the

amount due for contributions when billed by the

University, shall have the full amount due deducted from

the first full salary check upon return to regular

employment.

(b) Be eligible for educational privileges for the first

120 calendar days of the employee’s layoff or until the

end of the semester, whichever is greater.

seniority.

(d) Not contribute to retirement unless paid for days

during the layoff or unless the employee is a member of

and makes private arrangements to contribute to TIAA-

CREF.

(e) Receive the cash equivalent of accumulated

vacation, service days, personal holiday, and

compensatory time if recall to regular full-time

employment is not anticipated within 120 calendar days

from the date of layoff. If recall is anticipated within 120

days from the date of layoff, the following conditions

apply:

1. At the option of the employee all or part of

accumulated vacation, service days, personal holiday,

and compensatory time may be carried over to the return

to regular full-time employment.

2. If the employee elects to receive payments of the

cash equivalent of accumulated vacation service days,

personal holiday, or compensatory time for all or part of

the work days included in the layoff, and such work days

extend into more than one pay period, the cash equivalent

paid shall be distributed over the appropriate work days

of the employee’s regular work schedule as though the

employee were not on layoff. Accumulated vacation,

service days, personal holiday, and compensatory time

paid under this Section (e)2 shall extend the employee’s

active employment status except with respect to the date

of the layoff. If an employee is receiving payment for

accumulated vacation, service days, personal holiday, or

compensatory time under Section (e)2 herein and is

recalled and required to return to work, the employee

shall receive overtime pay in accordance with Section

17.1(d) of this Agreement.

(f) Not accumulate vacation and sick leave except as

specified in Section (e)2 above and may not use

previously accumulated sick leave.

(g) Receive holiday pay for any holiday that occurs

within the first thirty (30) days of the layoff (or voluntary

leave of absence without pay when granted to an

employee in lieu of working during a period of layoff), if

the employee has completed their probationary period

prior to the date of the layoff.

10.6 Alternate Work

(a) An employee who does not bump into a job in

accordance with Section 10.2 shall accept alternate work

in the bargaining unit offered on a temporary basis which

is not more than two (2) grades below the grade of the

employee’s regular job; provided, however, that grade 7

and 8 employees in Housing and Food Services may

decline alternate work that is two (2) or more grades

below their regular job. Alternate work offered on a

temporary basis which is more than two (2) grades below

the employee’s regular job may be accepted at the

employee’s option. Alternate work may be in any work

unit, including the employee’s normal work unit. A job

grade shall be established by the University for such

alternate work and the employee shall be paid the rate of

the alternate job grade at the appropriate point in the

salary scale attained by the employee.

(b) If no alternate work is offered under Section

10.6(a), and a nonregular employee (wage payroll) is

working in the same work unit, such work shall be

considered as alternate work and offered in accordance

with this Section 10.6, provided the layoff of the regular

employee is for more than ten (10) work days, and the

employee is capable of performing the work and except

for alternate work in grades 9 through 12 has sufficient

previous related training and experience.

or more work days is not offered alternate work under

Section 10.6(b), the University shall place the employee,

in another work unit at the same campus location to

perform the work of a nonregular employee. The

employee must have the abilities and physical fitness

sufficient to satisfactorily perform the job. The employee

will be offered the work as alternate work. In considering

ability to do the job, a review shall be made of such

things as an employee’s work history, attendance record

(except sick family days, as provided in Section 26.2),

educational background, aptitudes and past work

performance. Warning letters shall not be considered as

part of an employee’s work history or past performance.

Upon request of an employee, alternate work can be

offered for other campus locations. The employee may

choose to decline this alternate work placement in

another work unit and instead be placed on layoff. If the

employee declines the placement no further placement in

alternate work in another work unit is required. If the

employee accepts the placement in another work unit and

the alternate work assignment ends the University shall

again place the employee in another work unit at the

same campus location to perform the work of a

nonregular employee as outlined above in 10.6(c).

(d) Upon request of an employee, the University will

consider alternate work at other campus locations.

(e) Alternate work for purposes of this Section 10.6

may include positions of a higher grade. An employee

may refuse alternate work to a position of a higher grade.

(f) Short-Term Assignments

1. For purposes of this article, a short-term assignment

is a type of alternate work in the employee’s regular work

unit which may be offered to an employee who is not

working as a result of a layoff and not otherwise working

in alternate work. It is defined as a period up through

fifteen (15) consecutive calendar days.

2. The University shall, prior to a layoff (except in the

case of an emergency), notify an employee who is

required to work a known short-term assignment in his

regular work unit during the layoff of the dates of such

short-term assignment. If additional short-term

assignments become available during the layoff, the

University shall offer the work in bargaining unit

seniority order to the employees on layoff who are

qualified to perform the work. An employee on layoff is

not required to accept such additional short-term

assignments, regardless of the grade of the assignment.

3. In Housing and Food Services, if no employee on

layoff accepts such short-term assignment as provided in

10.6f2, such assignments may be offered to employees

on leave as provided in Section 10.10.

(g) During the period the employee is working in the

alternate work the employee shall:

1. Continue as a regular employee of the employee’s

normal work unit, except that (i) time worked on the

alternate work shall not be counted toward the

completion of a learning or training period in the

employee’s normal job; (ii) time worked on the alternate

work shall be counted toward the completion of the

probationary period only if the employee worked forty-

five (45) days in his normal job; (iii) accumulated

vacation time shall be scheduled in accordance with the

procedures of the work unit of the alternate work; (iv)

time worked on the alternate work shall not be counted

toward the calendar day periods specified in Sections

10.5(a) and (b).

2. Be subject to recall in accordance with the pro-

visions of this Agreement.

(h) An employee shall be placed on layoff during any

period of unemployment prior to starting in an alternate

work assignment or returning to the employee’s normal

job.

(i) It shall not be cause to deny pay for work time

missed by an employee scheduled for alternate work who

cannot report at the beginning of the alternate work

because of an illness or injury; provided, however, that

all provisions of Article XXVI, Sick Leave, shall apply.

(j) Except as modified above, all terms and provisions

of this Agreement shall be applicable to an employee on

such alternate work.

(k) No nonregular or student employee shall be hired

in a work unit to perform work that could be alternate

work, if qualified regular employees of that work unit on

layoff express interest in and are available to perform the

work.

10.7 Pay Rate for Paid Time Off

An employee, who due to layoff of 120 calendar days

or less, bumps temporarily into another job or is assigned

to alternate work, shall for that period receive pay for

vacation, compensatory time, sick leave, holidays,

service days, personal holiday, and other paid time off at

the rate of his normal job.

10.8 Superseniority for Job Vacancies

(a) An employee on layoff shall have bargaining unit

seniority that supersedes all other employees when

applying and being considered for job vacancies. In the

event more than one employee on layoff applies for a

vacancy, the order of consideration will be determined

by regular bargaining-unit seniority.

(b) Employees shall not have superseniority when

bidding into a higher grade job than the grade of the job

title from which the employee was laid off, unless the job

into which the employee bids is in grades 9 through 12.

apply to laid off employees in alternate work

assignments.

10.9 Information at Time of Layoff

In the event of a layoff, a work unit will furnish to the

Union within fifteen (15) calendar days of the layoff:

a. The dates of layoff and recall (if anticipated);

b. The names of employees scheduled to work during

the layoff with days of employment, if known, and the

names of those laid off.

10.10 Housing and Food Services

The following will apply in Housing and Food Services

during University Recesses:

1. Voluntary Leaves of Absence

In lieu of layoff, employees in Housing and Food

Services will be offered the opportunity to apply for a

leave of absence. Such leaves will be granted by

bargaining unit seniority to the extent possible on the

same basis used in previous years.

2. Core Group

Work unit employees by bargaining unit seniority

shall have the option to be assigned either core group

work or alternate work; provided, however, if

insufficient employees in a job title select core group

positions, the least senior employee in the job title will

be assigned to the available core group work. The

provisions of Article X, Section 10.6 — Alternate Work,

will be applicable to alternate work selected or assigned.

10.11 Unemployment Compensation

The University will not contest unemployment

compensation claims submitted by employees who do

not elect to bump into or accept alternate work in jobs

more than two (2) grades below their regular jobs or who

elect not to accept alternate work in a higher grade.

ARTICLE XI — RECALL

11.1 Order of Recall

(a) When any job becomes available within a work

unit, an employee in that work unit who had bumped into

another job, had been temporarily assigned in lieu of

layoff or had been laid off shall have recall rights on the

basis of bargaining unit seniority, provided the employee

is capable of performing the job and the job grade is at

the same or lower grade as the grade of his original job.

An original job shall mean the job title and work area (as

referenced in 9.6(c)) of the position that the employee

held as of the date of layoff. An employee must accept

recall to a vacancy in the same grade or no more than two

(2) grades lower than the grade of the employee’s

original job. An employee may elect not to exercise

recall rights to other vacancies. If an employee elects not

to exercise recall rights to such a position, the University

shall not contest the employee’s application for

unemployment compensation benefits. Such recall rights

shall continue until the employee is recalled to his/her

original job or for a period of two (2) years.

(b) At the time of recall the work schedule of

affected employees shall be determined in work unit

seniority order.

higher grade than their original job shall forfeit their

right to be recalled into their original job except for

employees whose original job is a grade 11 or 12 job.

(d) Employees who, while on layoff, bid into a job

at the same or a lower grade as the original job from

which they were laid off shall retain recall rights to the

original job as stated in 11.1(a). If an employee is

offered recall to their original job and declines the

offer, they shall thereafter forfeit all recall rights to

their original job.

11.2 Notice of Recall

(a) The University may recall an employee by

any available means, including notice given at time

of layoff. If an employee is not contacted by other

means, the University shall mail a notice of recall

to the employee’s last known address. Such mailed

notice shall be by certified mail.

(b) If an employee is not given notice of recall at

time of layoff, such notice shall be made (or post-

marked) at least ten (10) calendar days prior to the date

the employee is to report back to work. If work is

available, however, the employee may return sooner

at the request of the supervisor, if the employee desires

to do so.

than one area, or where a variety of days on and

days off exist, the date of recall shall be the date an

employee’s specific job is resumed.

ARTICLE XII — JOB VACANCIES

12.1 Notification of Job Vacancies

(a) Whenever a position classified as technical-

service becomes available, the University shall pre-

pare a notice of vacancy and display same on the

University electronic bulletin board as provided in this

article, and shall make a copy available to the Union

at that time.

(b) The notification procedure shall not be used for

an employee to change from the employee’s present

job to another within the employee’s work unit with

the same job title and grade. Such moves are lateral

moves and shall be made at the discretion of manage-

ment, on the basis of work unit seniority, and shall not

unreasonably be denied. They are made prior to

announcing a vacancy. In order to be considered for

such a lateral move, an employee must indicate in

writing a desire to make such a move at least five (5)

calendar days prior to the date of the final approval to

fill the vacancy. To permit employees opportunity to

meet the aforesaid five (5) day requirement for a job

with a shift not in effect, employees will be informed

at least ten (10) calendar days in advance of the date

of the job announcement. A lateral move request shall

be submitted on a duplicate form and signed by the

employee and the supervisor. The employee will

retain one copy and submit the other copy to the

supervisor. Such a request shall be valid for a twelve

(12) month period. An employee who has not

submitted a timely request, does not meet the sick-

leave standard in Section 12.3(b) or has been issued

a warning letter in the previous twelve (12) months

will not be given consideration for such a move. Once

it is determined to grant a request for a lateral move,

such move shall be made no later than two (2) weeks

following the decision.

Once all such moves within job title and grade

have been made by management, the resulting vacan-

cy shall be filled in accordance with the other sec-

tions of this Article.

12.2 Job Announcement Procedure

(a) Job vacancy notices, called job announce-

ments, shall be displayed on the University electronic

bulletin board and shall include job title and grade, a

summary of the duties of the announced job vacancy,

shift and general location information, and any edu-

cation, or equivalent, and/or experience preferred.

(b) Job announcements will include the following

statement:

“In the absence of any applicants who meet the

stated minimum requirements for an announced job

in grades 5 through 1, extended learning periods may

be provided for individuals who do not meet the

minimum requirement.”

period of seven (7) calendar days. In the calcula-

tion of the seven (7) calendar day period, University

holidays shall not be counted, and if the seventh day

is a Saturday, Sunday, or University holiday, the

announcement shall continue to the next University

business day. Except for an announced apprentice

program vacancy, a regular employee who applies

shall be considered for an announced job vacancy

in another work unit only after the employee has

completed at least six (6) months of regular employ-

ment, beyond time spent in a learning period, in the

employee’s present work unit, unless waived by

management. Special consideration, however, shall

be given to waiving said six (6) months’ restriction in

a circumstance where an employee who applies for a

position in grades 1-5 possesses a special skill and is

qualified. In no case, however, shall it be necessary

that time required in the present work unit exceed

twelve (12) months (including periods of layoff).

(d) An announced job vacancy shall be awarded

by management to the employee in the bargaining unit

with the longest bargaining unit seniority who is

reasonably judged to have the ability and physical

fitness sufficient to satisfactorily perform the job.

12.3 Consideration of Bidders

(a) Eligible applicants shall be given the opportu-

nity to provide to the University, via the University’s

electronic bulletin board, complete information in

writing on their background and experience. The

qualifications of each eligible applicant shall be

reviewed in seniority order and each job vacancy shall

be filled by the most senior employee on the list of

eligible bidders who is reasonably judged to have the

abilities and physical fitness sufficient to satis-

factorily perform the job. The parties mutually rec-

ognize that the employee with the greatest seniority

may not be capable or qualified. The University shall,

however, give employees with the greatest seniority

first consideration. The determination of the qualifica-

tions of any employee in all circumstances rests with

the University subject to the grievance procedure. In

considering ability to do the job, a review shall be

made of such things as an employee’s work history,

attendance record [as provided in Section 12.3(b)],

educational background, aptitudes and past work

performance. A warning letter issued to an employee

which has been on file for a period of more than twelve

(12) months following the date of the letter shall not

be used in considering the employee for promotion or

transfer. The University shall inform each senior bid-

der if a less senior bidder is awarded the job.

(b) The following sick-leave standards will be used

for consideration of absences for bidding purposes.

An applicant shall not be considered if the appli-

cant has seven (7) or more occasions of absence dur-

ing the 12-month period immediately preceding the

date of consideration of the applicant:

1. Absences of less than two (2) hours in a workday

shall not be counted toward an occasion of absence.

2. Absences of two (2) hours or more in a work-

day shall be accumulated. Each eight (8) hours of

accumulated time shall count as one (1) occasion of

absence.

3. Absences charged to family sick, compensable

work-related illness or injury, or under the Family

and Medical Leave Act (FMLA) shall not be counted

as an occasion of absence.

4. Each full workday of absence, regardless of

length of workday, shall count as one (1) occasion

of absence; provided, however, that an extended

absence exceeding three (3) consecutive workdays

shall be considered only as three (3) occasions.

(c)

Talent Acquisition will not forward to an area

considering an employee who bid on a job a copy of a

warning letter which had been on file for a period of

more than twelve (12) months following the date of

the letter.

(d) Conditions of trial periods of up to twenty (20)

days worked:

1. A trial period is not granted to a bidder who

clearly meets the qualifications and physical fitness

requirements of the job.

2. A trial period is not granted to a bidder who

clearly does not meet the qualifications and physical

fitness requirements of the job.

3. A trial period shall be granted to a bidder who

requests it in writing within three (3) work days of

written notification of rejection and who is determined

not to be in 1 or 2 above, where there is question as to

whether or not the employee meets the minimum

qualifications and physical fitness requirements of the

job. The employee shall be informed of deficiencies at

a meeting prior to the beginning of the trial period.

The employee’s steward or alternate steward shall be

present at the meeting unless the employee objects at

the beginning of the meeting.

4. Consideration of requests for trial periods for a

job shall be made on a bargaining unit seniority basis,

if more than one employee makes such request.

5. Only one trial period may be granted for each

job vacancy. If an employee granted a trial period

withdraws the request before commencing the trial

period, other requests made shall be considered in

accordance with (d)4 above.

6. If the University denies the request for a trial

period, the employee may file a grievance, unless

a trial period for the job has been granted to a more

senior employee. The grievant shall be required to

justify meeting the minimum qualifications and phys-

ical fitness requirements of the vacancy sufficient to

warrant a trial period.

7. If the University determines an employee does

not demonstrate satisfactory performance in the job

during the trial period, the employee shall be returned

to the employee’s previous job title without loss of

seniority.

8. Trial periods shall not be granted for job vacan-

cies in University Police.

9. The University shall not accept formal job bids

from nonregular (wage-payroll) employees for job

vacancies announced in accordance with Article XII.

12.4 Notification of Job Vacancy Status

(a) Once each week, lists containing the follow-

ing information will be displayed on the University

electronic bulletin board:

1. Each job filled within the preceding week indi-

cating the name and bargaining unit seniority date of

the person appointed to the job.

2. Each job in which employees have applied and

no final selection has been made and for which the

closing date of the announcement is at least two (2)

calendar weeks prior to the date of this publishing

of this list; such jobs will remain on subsequent lists

until a decision has been reached.

(b) Such lists shall be displayed on the University

electronic bulletin board until the next list is distrib-

uted.

electronic copy of each notice of job vacancy status.

12.5 Multiple Job Vacancies

If within two (2) calendar weeks of the closing

date of an announcement an additional vacancy or

vacancies become available in the work unit in the

same job title, such additional vacancy or vacancies do

not have to be announced under Section 12.2. The

Union shall be notified in such instance within said

two-week period and such vacancy or vacancies shall

be so identified on the notice of job vacancy status

issued pursuant to Section 12.4.

12.6 Written Tests

(a) The questions contained in a written mechanical

or trades, landscape, or cook type of test administered

by the University for the purposes of Article XII, Job

Vacancies, shall be made available for a confidential

review with bargaining unit employees in the work

unit selected by the University, in consultation with

the Union, who have expertise in the job for which the

test is being used.

The University shall reword or clarify, or shall

eliminate, any questions that are identified by these

employees as being unclear or not related to the duties

of the job.

(b) No later than September 30, 1999, the University

shall provide to the Union a list of Office of Physical

Plant and Housing and Food Services written tests

described herein, along with each test’s passing score,

and the guidelines for test administration and secu-

rity. Prior to changing the passing score or guidelines

of any such test, the University will meet and discuss

the change with the Union.

pass a written test, a representative of the human re-

sources office of the work unit in which the test was

given will meet with the employee to discuss areas

where improvement is needed.

12.7 Alternate Work

The provisions of this Article shall not apply to

alternate work temporarily assigned to a regular

employee subject to layoff.

For any alternate work assignments made after

October 31, 1978, new job descriptions and evalua-

tions will be made and supplied to the Union as new

positions.

ARTICLE XIII — LEAVE OF ABSENCE

13.1 Purpose of Leave

A leave of absence without salary may be granted

for absence in excess of accumulated sick leave, mili-

tary service, maternity, childcare, family care, or for

any other reason determined to be at the convenience

of the University.

(a) Absence in Excess of Accumulated Sick Leave

An employee who has used all of his accumulated

sick leave during a period of illness or injury (non-

work related) shall, at the employee’s option, charge

additional absence against all or part of accumulated

vacation, personal holiday or unused service days, as

applicable, or compensatory time off, or be granted a

leave of absence in accordance with Section 13.2 of

this Article.

(b) Absence for Military Service

A leave of absence for extended active military

service and a leave of absence for annual military

training duty shall be granted in accordance with

University policy applicable to all other employees

of the University.

When it is determined that an employee cannot

continue actively at work prior to childbirth, the

employee shall first charge such absence to accumu-

lated sick leave. If accumulated sick leave is expend-

ed, the employee shall be placed on leave of absence

without pay, with the employee’s option to use or

not use all or part of accumulated vacation, personal

holiday or unused service days, as applicable, or

compensatory time off prior to the leave commenc-

ing. Normally, cessation of work prior to childbirth

shall not commence earlier than the eighth month of

pregnancy, nor shall absence for childbirth continue

more than six (6) weeks following the birth of the

child, unless there are medical complications related

to the pregnancy or childbirth which require earlier

cessation of work or extension of the time following

childbirth. An employee requesting either exception

may be required by the University to submit a written

statement from her attending physician. Such request

may be subject to review by the University before

approval.

(d) Family Leave

1. Leave for the Birth, Adoption, or Foster Care

of a Child

a) Birth or Adoption of a Child

Upon request, a leave of absence shall be

granted following the birth of a child of the employee

or the employee’s partner to continue up to the time

the child is one (1) year of age, or in the case of adop-

tion, from the date the child begins to reside with

the employee to continue up to twelve (12) months.

If requested, such leave shall also be granted for

absences required for the placement for adoption to

proceed. The employee may elect to use accumulated

vacation, unused service days, personal holiday and

compensatory time off, as applicable prior to com-

mencement of no-pay status for the balance of the

leave.

b) Foster Care

Upon request, a leave of absence for up to

twelve (12) weeks in accordance with the Family and

Medical Leave Act (FMLA) eligibility shall be grant-

ed for the placement of a child for foster care. The

leave shall commence with time off to attend foster

care placement proceedings, in accordance with the

FMLA. The employee may elect to use accumulated

vacation, unused service days, personal holiday and

compensatory time off, as applicable, prior to com-

mencement of no-pay status for the balance of the

leave. Such absence shall not exceed twelve (12)

weeks within twelve (12) months of placement of a

child for foster care.

2. Leave for a Seriously Ill Family Member

Upon request, a leave of absence to care for an

employee’s seriously ill, verifiable on request by the

University, child, spouse or partner, parent or indi-

vidual who stood in loco parentis to an employee shall

be granted for up to twelve (12) weeks in accordance

with FMLA eligibility requirements. During the leave

the employee shall first use all sick family days, accu-

mulated vacation, unused service days, personal holi-

day, and compensatory time off, as applicable, prior

to commencement of no-pay status for the balance of

the leave. For purpose of subsections (d)2 and (d)3, the

definition of child shall include any biological, ad-

opted, foster, stepchild, legal ward, or child for which

an employee is standing in loco parentis, who is under

18, or over 18 and incapable of self-care because of a

mental or physical disability.

If an employee requests leave for a compelling fam-

ily emergency, such as a terminal illness in the em-

ployee’s immediate household, for family members or

periods of time not covered in the previous sentence,

special consideration shall be given to granting the

leave but at the discretion of the University.

3. Leave for Child Care

A leave of absence for child care up to twelve (12)

weeks in any twelve (12) consecutive calendar month

period shall be granted by the University upon request.

If such leave is granted, the employee shall first use

accumulated vacation, unused service days, personal

holiday, and compensatory time off, as applicable prior

to commencement of no pay status for the balance of

the leave. A leave taken concurrently or on an

overlapping basis by both parents employed by the

University shall not exceed, in the aggregate, a period

of twelve (12) weeks.

4. Military Family Leave

Military Caregiver Leave and Qualifying Exigency

Leave will be granted in accordance with applicable

law. To the extent the law is amended or changed to

require less or more Military Family Leave than is

specified in this section, the University will reduce or

increase the Military Family Leave accordingly.

The Military Family Leave provisions of the FMLA

entitle eligible employees to take FMLA leave for any

“qualifying exigency” arising from the foreign de-

ployment of the employee’s spouse, son, daughter, or

parent with the Armed Forces, or to care for a service

member with a serious injury or illness if the employ-

ee is the service member’s spouse, son, daughter, par-

ent or next of kin.

a) Qualifying Exigency Leave

The University shall grant an eligible em-

ployee up to twelve (12) weeks of leave during any

twelve (12) month period for qualifying exigencies that

arise when the employee’s spouse, son, daughter, or

parent is on covered active duty or has been notified of

an impending call or order to covered active duty.

Qualifying exigencies for which an employee may take

FMLA leave include making alternative child care

arrangements for a child of the deployed service

member, attending certain military ceremonies and

briefings, or making financial or legal arrangements to

address the service member’s absence. The employee

will be required to expend accumulated vacation, un-

used service days, personal holiday and compensatory

time off, as applicable, prior to commencement of no

pay status for the balance of the leave.

b) Military Caregiver Leave

The University shall grant an eligible em-

ployee up to twenty-six (26) weeks of leave during any

twelve (12) month period to care for a covered service

member with a serious injury or illness. The employee

must be the spouse, son, daughter, parent, or next of

kin of the covered service member. The employee will

be required to expend sick family days, accumulated

vacation, unused service days, personal holiday and

compensatory time off, as applicable, prior to

commencement of no pay status for the balance of the

leave.

(e) Absence for Other Reasons

On recommendation of the dean or administrative

officer, a regular employee may be eligible for

consideration for leave of absence without salary for

any reason determined to be at the convenience of

the University.

13.2 Length of Leave

The period during which a regular employee may

be on leave of absence without salary is governed by

the following conditions:

(a) A leave is granted for a specific period of time

to begin on a date specified by the University.

(b) A leave of absence granted to an employee

because of his inability to perform his duties due to

illness or injury (non-job related) is limited as follows:

Length of Continuous Regular Maximum

Service of Any Type With the Length of Leave

University at the Start of the Leave Granted

Completion of probationary

period through 6 months Up to 1 month*

End of 6th month through 1st year Up to 3months

End of 1st year through 2nd year Up to 6 months

End of 2nd year through 3rd year Up to 9 months

End of 3rd year through 4th year Up to 12 months

End of 4th year through 5th year Up to 15 months

End of 5th year through 10th year Up to 18 months

End of 10th year or more Up to 24 months

* An employee who has at least twelve (12)

months

of University employment (regular or non-regular),

and has worked at least 1,250 hours during the

twelve (12) month period immediately prior to the

leave, is eligible for a leave of absence of up to

twelve (12) weeks.

than illness or injury normally shall not exceed twelve

(12) consecutive calendar months. In no case, may it

exceed a maximum of twenty-four (24) consecutive

calendar months, except for a leave of absence

following a work related illness or injury [maximum

thirty-six (36) consecutive calendar months] or a

military leave of absence (maximum as determined by

law).

(d) If an employee returns to active employment

following a leave of absence, and within sixty (60)

calendar days returns to leave of absence status for the

same illness or injury, the amount of time previously

charged to leave of absence shall be counted against

the appropriate allowance for maximum length of

leave.

13.3 Absence for extended sick leave in accor-

dance with the time limits established above shall be

continued only for the period of time the employee is

unable to perform his duties because of his illness or

injury. If the employee does not report for work after

being physically able to report to work, his employ-

ment shall be terminated. If, at the end of his leave of

absence he is still unable to work, all benefits of the

leave of absence without salary shall be terminated.

13.4 If an employee is scheduled for summer

employment and cannot report for work because he

is ill the day the job begins, another employee shall

be selected to fill his job until such time as the ill

employee is able to return to work.

13.5 Membership in Group Insurance Plan

and Retirement Plan While on Leave

(a) The maximum period to retain membership in a

group life insurance plan and/or health care insur-

ance plan is the length of the leave or two (2) years,

whichever is shorter.

(b) Employee charges for health insurance plans

while on leave of absence without salary for reasons

under Section 13.1(a) or (c), or the first twelve (12)

weeks of a Family and Medical Leave Act qualifying

leave under Section 13.1 (d) (provided, however, up

to the first twenty-six (26) weeks for military family

leave as provided by FMLA), or personal leave

granted for formal study, or voluntary leave in lieu

of layoff shall be at the normal applicable employee

contribution rates. Charges for leave for any other

reasons shall be at the entire cost (employee and

University costs).

plan in effect at the University, the employee is not

eligible to contribute to that plan unless the employee

is a member of and makes private arrangements to

contribute to TIAA-CREF. However, retirement con-

tributions will be deducted from any amounts earned

from the University during any leave.

13.6 Return to Active Service

If the job conditions are the same at the end of the

leave of absence as they were when the leave began,

the employee will be expected to return to active

service. If he does not return to his job at the end of

the leave of absence, his employment is terminated.

13.7 Replacement of Employee

While on Leave of Absence

If the absent employee requests and is granted a

leave of absence for more than five (5) calendar

months and it is determined by management that it

is desirable to fill the position on a regular employee

basis, the position shall be filled under the provisions

of Article XII — Job Vacancies except that:

(1) the vacancy shall be posted within the work unit;

(2) the vacancy shall be posted for five (5) calendar

days;

(3) the vacancy shall not be announced campus

wide.

The appointment of an employee selected for the

vacant position (hereafter called the second employ-

ee) shall be for a period not longer than the duration

of the leave of absence of the original employee. If the

original employee does not return to employment, the

second employee shall retain the position. If the

original employee returns to employment, the second

employee shall return to his or her former position.

Subsequent vacancies occurring following the

appointment of the second employee described above

shall be handled by management in the most

convenient manner.

13.8 Early Return to Active Service

If an employee while on leave of absence, desires to

return to work before his approved leave ends, he

should contact his supervisor to determine if such a

change is permissible.

13.9 Rights of Employee During Requested

Leave of Absence of 120 Calendar Days or Less

During University Recesses

An employee who requests and is granted a leave of

absence during a period of layoff of 120 calendar days

or less in the employee’s work unit shall:

(a) Make payment in advance for insurances, or

following a billing as specified at the time of leave,

of the regular biweekly contributions due during the

leave. No claim shall be paid unless an employee is

paid up for all his insurance. An employee who has not

paid the amount due for contributions when billed by

the University, shall have the full amount due

deducted from the first full salary check upon return to

regular employment.

(b) Be eligible for educational privileges for the first

120 calendar days of the employee’s leave or until the

end of the semester, whichever is greater.

seniority.

(d) Not contribute to retirement unless paid for days

during the leave or unless the employee is a member

of and makes private arrangements to contribute to

TIAA-CREF.

(e) If return to employment is anticipated within

120 days from the date of leave, the following

conditions apply:

1. At the option of the employee all or part of

accumulated vacation, service days, personal holiday,

and compensatory time may be carried over to the

return to regular full-time employment.

2. If the employee elects to receive payment of the

cash equivalent of accumulated vacation, service days,

personal holiday, or compensatory time for all or part

of the work days included in the leave, and such work

days extend into more than one pay period, the cash

equivalent paid shall be distributed over the appro-

priate work days of the employee’s regular work

schedule as though the employee were not on leave.

Accumulated vacation, service days, personal

holiday, and compensatory time paid under this

Section (e)2 shall extend the employee’s active

employment status except with respect to the date of

the leave. If an employee is receiving payment for

accumulated vacation, service days, personal holiday,

or compensatory time under Section (e)2 herein and is

recalled and required to return to work, the employee

shall receive overtime pay in accordance with Section

17.1(d) of this Agreement.

(f) Not accumulate vacation and sick leave except

as specified in (e)2 above and may not use previously

accumulated sick leave.

(g) Receive holiday pay for any holiday that occurs

within the first thirty (30) days of the voluntary leave

of absence without pay when granted to an employee

in lieu of working during a period of layoff, if the

employee has completed their probationary period

prior to the date of the leave.

ARTICLE XIV — LEAVE OF ABSENCE

FOR UNION BUSINESS

14.1 The University shall grant necessary time

off without loss of seniority rights, but without

continuation of other benefits or rights, to up to two

(2) employees in the bargaining unit designated by the

Union to act as a full-time paid Union Officer or

Business Agent to serve the bargaining unit. Up to

two (2) additional employees designated by the Union

may be granted necessary time off for the same

purpose under the same conditions upon securing the

written permission of the University, which

permission shall not be unreasonably withheld. The

period of the leave of absence shall be commensurate

with the term of office as Union Officer or Business

Agent and shall be renewed from time to time by

the University at the request of the Union and the

employee involved.

14.2 Any employee granted a leave of absence

for Union business will be permitted to continue to

be covered under the University’s insurance program

provided said employee and/or the Union pays the

total cost of the premiums for same for the period of

such leave of absence.

14.3 Up to five members of the Local No. 8

Executive Board shall be continued on the payroll by

the University for the number of normal work hours

missed for a maximum of twelve (12) meetings of the

Local No. 8 Executive Board per calendar year. This

action will be contingent upon the Union reimbursing

the University for all hours paid including the

University’s contributions for retirement and social

security.

ARTICLE XV — WAGES

15.1 The regular hourly wage rates for the various

job classifications covered by this Agreement are set

forth in accordance with the wage rate schedules

appended to this Agreement and made a part hereof.

15.2 The wage rates provided for in the wage rate

schedules appended to this Agreement shall be sub-

ject to adjustment as follows:

(a) Because gratuities are received there shall be

a reduction in rates paid in Penn State Hospitality

Services in the following positions to the extent

permitted by law but not to exceed the amounts indi-

cated; provided, however, that such reductions shall

not apply to paid time off:

1. The grade 11 rates paid to Table Attendants —

thirty percent (30%) at the Nittany Lion Inn and fifty

percent (50%) at the Penn Stater.

2. The grade 9 rates paid to Bellhop/Drivers — ten

percent (10%).

3. The grade 9 rates paid to Beverage Mixers —

thirty percent (30%).

4. The grade 11 rates paid to Dining Room

Attendants — ten percent (10%).

(b) In the event new jobs are created which involve

the payment of gratuities to the employee, the amount

of the deduction from the regular wage rate shall be

mutually agreed upon by the parties. If the parties

cannot agree, the University may make the deduction

it considers proper and the Union shall have the right

to refer the matter to arbitration in accordance with the

grievance procedure.

gible to receive meals on the basis of $1.35 per meal

provided.

(d) If an employee lives in University facilities,

there shall be a deduction for such lodging.

15.3 Each grade shall have a hiring rate, a “B”

rate, an “A” rate, and a job grade rate.

15.4 Each new employee is to be paid the hiring

rate for the grade of the job.

15.5 An employee shall be paid the “B” rate at the

end of six (6) full pay periods from the date of hire.

15.6 An employee shall be paid the “A” rate at the

end of twenty-six (26) full pay periods at the “B” rate.

15.7 An employee shall be paid the job grade rate at

the end of twenty-six (26) full pay periods at the “A”

rate.

15.8 At the discretion of the University, an

employee in a job requiring a special skill or

knowledge may be hired at the “B” rate or at the “A”

rate. In such situation, the employee shall be paid the

next rate for the grade of the job at the end of six (6)

full pay periods from the date of hire and thereafter

future rate moves in the grade shall be in accordance

with Sections 15.7 or 15.8 as appropriate.

15.9 When an employee is promoted from one

grade to another, the employee is paid the employee’s

attained step rate at the grade of the new job, and

movement thereafter in the grade of the new job, if

applicable, shall be in accordance with the time

limits of this Article XV.

15.10 Time spent on a leave of absence without

pay shall not count toward the completion of any

learning or training period.

15.11 All increases are effective beginning with

the first day of a pay period.

15.12 Any employee who is paid on a red-circle

rate shall receive either the full rate of any wage rate

increase for the employee’s current job grade, or the

new rate of the employee’s current job grade (at the

appropriate point in the salary scale attained by the

employee), whichever rate is higher.

15.13 To the extent that College of Medicine staff

employees not represented by a collective bargaining

representative are eligible to receive an incentive

bonus payment based on financial performance of The

Milton S. Hershey Medical Center relative to the

fiscal year budget, such eligibility similarly shall apply

to members of the collective bargaining unit

represented by the Union at the College of Medicine.

15.14 Wage Reopener Option

The Consumer Price Index for Urban Wage

Earners and Clerical Workers, All Items (CPI-W,

1982-84=100), as reported by the Bureau of Labor

Statistics for the month of June, 2021, shall be the base

index for the wage reopener option. In the event the

index for the month of April, 2023 shall exceed an

increase of fifteen percent (15%) of the June, 2021

base, the wage rates to be paid from July 1, 2023 to

June 30, 2024 shall be subject to renegotiation, at the

option of the Union.

If the Union elects to request such renegotiation, it

shall so notify the University in writing on or before

June 15, 2023. If following such notification by the

Union the parties are unable to agree on wages prior to

July 1, 2023, the provisions of Article IV, Strikes and

Lockouts, shall become inoperative until agreement is

reached and the scheduled July 1, 2023 wage increase

shall not be implemented. Provided, however, the fact

that Article IV is inoperative shall not be deemed to

grant to the employees any right to strike not

permitted by state law governing public employees.

15.15 Direct Deposit of Paychecks

Employees shall be required as a condition of

employment to participate in the University’s program

for the electronic direct deposit of paychecks. To the

extent that this requirement is modified in a favorable

manner for University employees not represented by a

collective bargaining representative, such action(s)

similarly shall apply to members of the collective

bargaining unit represented by the Union.

ARTICLE XVI — SHIFT PREMIUM

An employee who begins work between the hours

of 1:00 p.m. and 4:59 a.m. shall be paid a shift

premium for all continuous hours worked on that shift.

Such shift premium shall be sixty cents ($.60) per hour

for shifts beginning between 1:00 p.m. and 9:59 p.m.,

and sixty-five cents ($.65) per hour for shifts

beginning between 10:00 p.m. and 4:59 a.m. The shift

premium shall be added to the base rate before the

calculation of overtime for employees who receive

overtime pay on a shift which qualified for shift

differential.

ARTICLE XVII — OVERTIME

17.1 Definition

Overtime is all authorized time worked by an

employee that is:

(a) In excess of forty (40) hours a workweek. In any

workweek in which a University holiday including a

personal holiday occurs on an employee’s regularly

scheduled work day or an employee has scheduled time

off in advance chargeable to either accumulated vacation

or compensatory time, such holiday or time off shall be

considered as time worked in computing the forty (40)

hours.

(b) In excess of an employee’s scheduled work day, if

that employee is regularly scheduled to work forty (40)

hours per workweek.

day off for that employee.

(d) Performed on a day previously scheduled as a

vacation day or a service day for that employee if the

employee is required to work, but such time shall not be

charged against vacation or service day time,

respectively.

17.2 Limitation of Overtime

Overtime work shall be performed only upon

assignment by the University and shall be limited to strict

necessity. Wherever practical, where there is overtime

available in a job title for an available regular employee

and a nonregular employee (wage payroll), such

overtime work shall be assigned in priority order to the

regular employee.

17.3 Overtime Pay

Overtime work is paid at the rate of time and one-half

the hourly rate. If any overtime work is performed on a

personal holiday, a holiday (as defined in this

Agreement), or a day granted as a holiday in accordance

with Article XXV, Section 25.5, such overtime is paid at

the rate of twice the hourly rate.

17.4 Rotation of Overtime

(a) Overtime work shall be rotated through a cycle on

the basis of work unit seniority among employees with

the same job title in a work area; provided, however, that

employees may be offered the opportunity to opt-out of

the overtime rotation once per quarter, within the first

full week of March, June, September, and December of

each calendar year. An employee’s decision to opt-out

remains in effect until changed by the employee during

the identified opt-out selection time periods. Employees

who opt out of the overtime rotation forgo the

opportunity to volunteer for overtime but may be

required by the University to work overtime as provided

for in Section 17.7. An employee who refuses overtime

work that is estimated by management to last one hour or

more shall lose that turn in the cycle. If no employee in

the work area with the same job title is available, the

work shall be offered to the employee with the longest

work unit length of service in the work area who has the

ability and who is qualified to perform the job. Overtime

that is to last four (4) hours or more and that is scheduled

three (3) work days in advance will, if no qualified

employee in the work area desires such work, be offered

to qualified employees in that job title in the work unit

who have volunteered for such work. Such overtime

work shall be rotated in the same way overtime work is

rotated within the work area. The rate paid shall be time

and one-half the employee’s regular rate, provided that if

the work is in a grade lower than the employee’s present

grade, and the overtime is voluntary, the employee shall

be paid the rate of the lower grade job at the appropriate

point in the salary scale attained by the employee and

provided further if the work is in a grade higher than the

employee’s present grade, the employee shall be paid a

rate based on the provisions of Section 18.2, Article

XVIII —Temporary Transfer. If through an oversight an

employee misses a turn of overtime, that employee shall

be provided an opportunity to work sufficient overtime

hours to compensate for the overtime hours missed, at a

time mutually agreeable to the employee and the

employee’s supervisor, and the employee shall be paid at

the rate of twice the hourly rate for such hours worked.

(b) In the event an overtime assignment is canceled

after employees have been assigned to the work, those

employees shall lose that turn in the rotation.

of a shift in any work unit except the Office of Physical

Plant:

1. When two hours or less of overtime is required at

the end of their shift for the employee(s), rotation of

overtime shall not be required. If such employee(s)

work(s) more than two (2) hours, the employee(s) to

whom the work otherwise would have been rotated, if

any, shall be provided an opportunity to work sufficient

overtime hours to compensate for the overtime hours

missed, at a time mutually agreeable to the employee(s)

and the supervisor, and the employee(s) shall be paid at

the rate of two and one-half (2 1/2) times the hourly rate

for such hours worked.

2. Employees subject to this provision shall not be

required to work overtime.

3. This provision is not intended to be a mechanism to

distribute overtime unfairly among employees, and any

disputes shall be settled in accordance with the grievance

procedure. If it is determined by agreement of the parties

or decision of an arbitrator that an employee was

distributed overtime unfairly, that employee shall not be

eligible for overtime under Section c(1) herein for a

period of six (6) months from the date of such

determination.

4. Upon request of the Union, or an employee, the

University shall provide overtime information for a job

title in a specified work area.

17.5 Emergency Overtime

Overtime work of a sudden emergency nature (such as

a break in a water pipe) shall be performed by the

employee determined by the supervisor to be the most

available and able to do the job, without regard for work

unit seniority.

17.6 Regular Annual Overtime

In cases of regular annual overtime, such as snow

removal by night janitorial workers, rotation of overtime

on a car-pool basis or other special basis, may be

authorized if sanctioned by a majority of the affected

employees in the work area.

17.7 In rotating overtime work, the qualified

employee, or employees if more than one employee is

needed, in that job title in that work area or work group,

with the least work unit seniority must accept the

overtime work in the employee’s (or employees’)

turn unless other employees accept the overtime in

accordance with Section 17.4 above. Whenever overtime

is to be worked, the employee or employees with the

shortest work unit seniority in the job title in the work

area or work group shall be notified that overtime work

will be required if employees with more work unit

seniority in their turn do not accept the work. Such

notification shall take place as early as feasible.

17.8 Call-Outs

(a) An employee shall be paid for a minimum of four

(4) hours at the overtime rate if the employee is called

out and reports for overtime work that is required at a

time not adjacent to the employee’s regular work hours,

provided the employee has received less than three (3)

calendar days’ notice of such assignment.

(b) An employee shall be paid for a minimum of two

(2) hours at the overtime rate if the employee is called

out and reports for overtime work that is required at a

time not adjacent to the employee’s regular work hours,

provided the employee has received three (3) calendar

days’ or more notice of such assignment.

that work which necessitated the call-out; provided,

however, that if another work situation occurs which

would require a call-out, an employee already working

on a call-out may be required to perform such additional

work; in such event there shall be no pyramiding of the

call-out minimum time. If call-out work is performed on

a holiday, the employee shall be paid at a rate of twice

the hourly rate.

17.9 Meals for Certain Overtime Situations

If an employee is required to work beyond the

employee’s regular eight (8) hour shift, and the employee

works more than two (2) such overtime hours which

occur during a normal meal period, the University shall

provide sufficient time off without pay for the employee

to eat a meal supplied by the University or, if a meal is

not supplied, to purchase a meal. Such time off shall be

granted during the normal meal period, unless an

emergency prevents granting the time off during that

period. The employee will be reimbursed for a meal

purchased not to exceed Ten Dollars ($10.00) per meal.

If the employee normally receives meals while on the

job, the employee shall not have meal deductions for

such overtime hours worked. An employee shall not be

required to work for more than six (6) consecutive hours

without the opportunity for a meal.

17.10 If an employee is offered an opportunity to

remain overnight in University facilities without charge,

so as to be available for work on the next day, and the

employee remains overnight, the University shall

provide normal scheduled meals which the employee has

not had the opportunity to supply in advance or which

the employee normally does not receive on the job.

17.11 Required Work During Christmas/New Year’s

Holiday Break

An employee on layoff who is required to work while

the employee is receiving holiday pay during a

Christmas/New Year’s holiday break shall receive

overtime pay in accordance with Section 17.3 of the

Agreement for the hours worked, if the employee’s pay

that week exceeds the number of hours of the employee’s

normal weekly work schedule.

17.12 Overtime Rotation in Food Service Operations

The following job titles in Housing and Food Services

operations will be combined for purposes of overtime

rotation (Section 17.4) of the Agreement:

1. Cook A and Cook B at all locations.

2. Food Service Production Worker A, Food Service

Production Worker B, and Food Service Production

Worker A at locations other than University Park.

17.13 Overtime Rotation in the Office of Physical

Plant

The following procedures will be followed in

assigning work for certain overtime situations in the

Office of Physical Plant:

(a) Renovation Services

1. When overtime is required on a job, the University

may keep one (1) employee per trade on the job who has

been working on that job, without rotating that

assignment; provided, however, in such event, the

University shall rotate additional positions in the

applicable trade and further provided, a majority of the

employees on the job during the regular shift shall

determine an equitable method for deciding which

employee will remain on the job.

2. This provision affects only Renovation Services in

the trades of refrigeration, electrical, heating and

ventilating, plumbing, carpentry, welding, painting,

sheet metal, and floor covering.

3. Employees subject to this provision shall not be

unreasonably required to work overtime.

4. This provision applies only to jobs already in

progress, and is not intended to be a mechanism to

distribute overtime unfairly among employees.

(b) Work beyond the end of a shift, any OPP area

1. When overtime less than three (3) hours is required

at the end of the shift for the employee(s) to complete a

job, rotation of overtime shall not be required. If such

employee(s) work(s) three (3) or more hours, the

employee(s) to whom the work otherwise would have

been rotated, if any, shall be provided an opportunity to

work sufficient overtime hours to compensate for the

overtime hours missed, at a time mutually agreeable to

the employee(s) and the supervisor, and the employee(s)

shall be paid at the rate of two and one-half (2 1/2) times

the hourly rate for such hours worked.

2. Employees subject to this provision shall not be

required to work overtime.

3. This provision is not intended to be a mechanism to

distribute overtime unfairly among employees, and any

disputes shall be settled in accordance with the grievance

procedure. If it is determined by agreement of the parties

or decision of an arbitrator that an employee was

distributed overtime unfairly, that employee shall not be

eligible for overtime under Section b(1) herein for a

period of six (6) months from the date of such

determination.

4. Upon request of the Union, the University shall

provide overtime information for a job title in a specified

work area.

1. All rotated overtime will be from one list by job

title. If there is mutual agreement by employees and the

University, rotated overtime may be from one list by job

titles. This rotation list will be used for all rotated

overtime purposes; no separate scheduled

overtime or call-out overtime rotation lists will be

maintained.

2. This subsection (c) will not apply to regular annual

overtime (as defined under Section 17.6), already-

established annual overtime (rotations such as football

and snow removal), and emergency overtime (as defined

under Section 17.5).

ARTICLE XVIII — TEMPORARY TRANSFER

An employee in the bargaining unit may be assigned

temporarily by the University to perform duties other

than those to which the employee is regularly assigned.

In the event an assignment is expected to exceed twelve

(12) consecutive weeks, such assignment shall be made

on the basis of work unit seniority provided the employee

has the qualifications to perform the work. The

University shall determine the grade of the temporary

assignment, and the employee so assigned shall receive

a rate of pay determined in accordance with the

provisions of this Article, subject to the Union’s right to

grieve the rate of pay established. Temporary transfer

shall not be assigned to an employee who is incapable of

performing the work.

18.1 The Same or Lower Grade

If the grade determined by the University is the same as

or lower than the employee’s regular grade, the

employee shall receive his attained rate.

18.2 A Higher Grade

(a) If the grade determined by the University is higher

than the employee’s regular job grade, the employee

shall be eligible for a rate higher than the employee’s

attained rate provided that:

If the new duties consist primarily of lead man or

group leader responsibilities, the employee must be

designated as the lead man or group leader by the

supervisor. [Management need not designate any

employee to fill in for an absent group leader or lead

man. Also, employees whose regular duties require that

they work in the place of the lead man or group leader on

the regular days off of the group leader or lead man in

seven (7) day operations shall not be considered as

having assumed the group leader or lead man duties on

such regular days off.]

(b) If the employee is eligible as described above for a

higher rate and if:

1. The higher grade determined by the University is

grade 11, 10, or 9, the rate paid shall be the rate for the

job at the appropriate point in the salary scale attained by

the employee, or if

2. The higher grade is grades 8 through 1 inclusive, the

rate paid shall be a temporary rate one-half way between

the employee’s present step rate and the rate for the same

step for the grade of the temporary assignment. Time

spent in this period shall be no more than 480 hours on

temporary assignment or, if assigned to the higher graded

assignment on a recurring basis, a combined amount of

time equal to 480 hours. After the 480 hours the

employee shall be paid the rate of the job at the

appropriate point in the salary scale attained by the

employee.

18.3 When an employee is temporarily transferred

on a full-time basis to an assignment determined to be in

a grade higher than the employee’s regular grade and the

transfer exceeds thirty-four (34) weeks in a fifty-two (52)

calendar week period, that position shall be made regular

and filled under Article XII — Job Vacancies, except:

(a) Where the employee temporarily assigned is

filling the position of an absent employee expected

to return, or

(b) Where the temporary assignment does not replace

an absent employee and the assignment will be

completed within four (4) additional consecutive weeks

or on an estimated date specified by management and

agreed to by the Union, which agreement shall not

unreasonably be withheld.

18.4 The University shall not assign more than one

employee in sequence to a temporary assignment for the

purpose of extending the time limit provisions of this

section.

18.5 An employee on temporary transfer who receives

pay for accumulated vacation, sick leave, holiday pay, or

other paid time off shall be paid based on the rate of the

employee’s normal job.

18.6 An employee shall be immediately eligible for a

temporary transfer assignment following completion

of the probationary period.

18.7 Temporary Transfer in the

Office of Physical Plant

The following conditions apply for temporary transfer

assignments within the Office of Physical Plant (OPP).

(a) Employees will indicate their interest in temporary

transfer assignments by providing complete information

in writing on their background and experience; such list

shall be maintained centrally by the University.

(b) A temporary transfer assignment available under

the purview of a supervisor, expected to last twelve (12)

weeks or less:

1. Shall be made within the crew under the purview of

that supervisor, provided the employee is available and

has the qualifications to perform the work.

2. Should no employee within the crew be available

and have the qualifications to perform the

work:

a) An assignment expected to last eight (8) weeks or

less shall be made to an employee deemed most

appropriate from the employees who have indicated

interest, provided the employee is available and has the

qualifications to perform the work.

b) An assignment expected to exceed eight (8) weeks

shall be made in work unit seniority order from

employees who have indicated interest, provided the

employee is available and has the qualifications to

perform the work.

3. If no available employee with the qualifications to

perform the work has indicated interest in an

assignment, the University may assign the work to the

employee it deems most appropriate to perform the

work.

exceed twelve (12) weeks:

1. Shall be made in work unit seniority order from the

list of employees who have indicated interest, provided

the employee is available and has the qualifications to

perform the work.

2. If no available employee with the qualifications to

perform the work has indicated interest in an assignment,

the University may assign the work to the employee it

deems most appropriate to perform the

work.

18.8 Training Commitment

(a) Housing and Food Services employee (defined

as any technical service employee in the following

work units: Food Service Dining Commons, HUB

Dining, Café Laura, Campus Catering, Food

Production and Distribution, HFS Maintenance

Services, Housing, Penn State Abington HFS, Penn

State Altoona HFS, Penn State Beaver HFS, Penn

State Berks HFS, Penn State Brandywine HFS, Penn

State Erie–The Behrend College HFS, Penn State

Harrisburg HFS, Penn State Hazleton HFS, Penn State

Greater Allegheny HFS, Penn State Mont Alto HFS,

Penn State Schuylkill HFS) may request payment for

the cost of a correspondence course(s) at 100%, and

tuition for a vocational-technical classroom course(s)

at 50%, up to an annual maximum as established by

the University. Such course(s) must be directly related

to specific HFS career goals identified by the employee

in consultation with his supervisor and approved by

the HFS Human Resources office at University Park.

Approval for course payment must be obtained in

advance from management, which shall not unrea-

sonably deny an employee’s request. An employee

who fails to complete a course successfully shall

reimburse the University for the University share of

the course. All time spent by the employee during his

regular work hours in activities relating to taking a

course, such as traveling and attending class, shall be

charged against the employee’s accumulated vaca-

tion if any.

(b) All other employees may request payment for

the cost of a correspondence course(s) at 100%, and

tuition for a vocational-technical classroom course(s)

at 50%, up to an annual maximum as established by

the University. Such course(s) must be directly relat-

ed to specific work unit related career goals identified

by the employee in consultation with his supervisor

and work unit’s Human Resources office. Approval

for course payment must be obtained in advance from

management, which shall not unreasonably deny an

employee’s request. An employee who fails to

complete a course successfully shall reimburse the

University for the University share of the course. All

time spent by the employee during his regular work

hours in activities related to taking a course, such as

traveling and attending class, shall be charged against

the employee’s accumulated vacation if any.

ARTICLE XIX — WORK SCHEDULES

19.1 The establishment of work schedules is a

function of management to be determined solely by

the University, subject to the following limitations:

(a) Employees shall be scheduled to work their

regular hours on a five (5) day per week or less basis,

and days not scheduled as work days shall be consid-

ered as regularly scheduled days off. Provided, how-

ever, the hours may be scheduled by the University

over six (6) days to cover normal operations of the

University which function on a schedule in excess

of five (5) days per week (such as the normal opera-

tion of snack bars and catering services, work in

conjunction with class schedules, animal and poultry

caretaking, operation of the creamery, operation of the

mushroom plant and the operation of Physical

Education facilities). The establishment of any addi-

tional operation on a schedule in excess of five (5)

days per week shall be reviewed with the Union prior

to implementation by the University.

(b) An employee shall be entitled to a meal period

on an employee’s time, to be determined by the

University, but not less than thirty (30) minutes or

more than sixty (60) minutes, during each work day,

except in circumstances, as determined by

management, wherein management requires continu-

ous employment during an employee’s entire shift

because of the nature of the work.

calendar week’s notice of either a temporary change

in the employee’s regular work schedule lasting less

than sixty (60) calendar days, or a permanent change

that is not to a significantly different shift [see 19.1(e)

below], in accordance with the following:

1. The new shift shall be offered in work-unit

seniority order to employees in the affected job title in

the work group and on the affected shift.

2. If a senior employee(s) decline(s) the new shift,

the least senior employee(s) in the affected job title in

the work group and on the affected shift, shall be

assigned to such shift.

3. In the event of a reasonable business necessity

or emergency that requires a temporary change of shift

the University may assign the work without regard to

seniority.

If a temporary change of schedule is made which

requires temporary assignment of work on a Saturday

or Sunday for an employee normally not scheduled to

work on a Saturday or Sunday, such temporary change

of schedule shall not change the employee’s regular

work schedule for the purpose of computing overtime

under Section 17.1(c), (work on a regularly scheduled

day off).

(d) The University shall give an employee two (2)

calendar weeks’ notice of a change in the employee’s

regular work schedule which results in a permanent

reduction in weekly hours of work, except that such

period of notice shall not apply in the case of an

emergency.

(e) The University shall give an employee sixty (60)

calendar days’ notice of a permanent change of shift if

the change is to a significantly different shift such as a

change from day shift to night shift or to working on

Saturday or Sunday in accordance with the following,

except in the case of an emergency:

1. The new shift shall be offered in work-unit

seniority order to employees in the affected job title

in the work group and on the affected shift, except in

the case of an emergency.

2. If a senior employee(s) decline(s) the new

shift, the least senior employee(s) in the affected job

title in the work group and on the affected shift, shall

be assigned to such shift.

(f) An employee who reports to work and there is

no work available shall be paid for three (3) hours on

a straight time basis, unless:

1. The employee has been informed not to report

to work by telephone, personal contact or letter mailed

to his last known address; or

2. An emergency prevents work; or

3. The employee refuses suitable alternate work.

(g) The creation of any additional positions, and

the continuation of current positions, that do not have

a predetermined schedule of work shifts and/or days

off (“various/various positions”) shall be based solely

on business necessity. A schedule with rotating shifts

and/or days off shall be considered a predetermined

schedule for purposes of this provision.

19.2 Nothing herein shall be construed to guaran-

tee a forty (40) hour week.

19.3 Paid Break Time

Where consistent with the University work require-

ments, employees regularly shall be provided thirty

(30) minutes paid break time within a regular work

shift (nonaccumulative).

19.4 Employees in the College of Medicine

working in areas which require “on call” schedules

shall as a condition of employment, when designated

to be “on call” remain within twenty (20) minutes

travel time from the work site. An employee “on call”

must keep the work area informed of the employee’s

location and telephone number while “on call.”

(a) The rate of pay for “on call” is Fourteen Dollars

($14.00) for each eight (8) hours of “on call” time. If

computed on a per hour basis, a rate of One Dollar and

Seventy Five Cents ($1.75) per hour is utilized. An

employee called to work when “on call” shall receive

“on call” pay for all hours of the on call assignment

and, in addition, shall receive pay of time and one-half

the employee’s regular hourly rate for hours worked

on the call-in.

(b) An employee called in to work from “on call”

shall be paid for a minimum of four (4) “call-in” hours,

if the “call-in” hours are at a time not adjacent to the

employee’s regular work hours; the employee shall be

entitled to only one (1) such four (4) hour minimum

during each eight (8) hour or less period spent “on

call” even though called in more than once.

19.5 Employees in the Office of Physical Plant

working in areas which require “on call” schedules

shall as a condition of employment, when designated

to be “on call” remain within sixty (60) minutes travel

time from the work site. An employee “on call” will be

provided a University cell phone and must respond to

all calls received.

(a) The rate of pay for “on call” is Sixteen Dollars

($16.00) for each eight (8) hours of “on call” time. If

computed on a per hour basis, a rate of Two Dollars

and Zero Cents ($2.00) per hour is utilized. An

employee called to work when “on call” shall receive

“on call” pay for all hours of the on call assignment

and, in addition, shall receive pay of time and one-

half the employee’s regular hourly rate for hours

worked on the call-in.

(b) An employee called in to work from “on call”

shall be paid for a minimum of four (4) “call-in” hours,

if the “call-in” hours are at a time not adjacent to the

employee’s regular work hours; the employee shall be

entitled to only one (1) such four (4) hour minimum

during each eight (8) hour or less period spent “on

call” even though called in more than once.

19.6 Housing and Food Services Policy Manual

Housing and Food Services (HFS) shall maintain an

employee copy of the HFS policy manual for each

work area, for review by HFS employees during paid

break time or meal periods.

Such manual shall include the dining commons shift

schedules. The manual also shall include a copy of the

June 18, 1993 letter agreed to by the parties regarding

summer alternate work schedules.

19.7 Temporary Assignment to a Different Location

In the event an employee is required to directly re-

port for work on a temporary basis at a campus or other

Penn State location other than that to which he

regularly reports, any travel time in excess of his nor-

mal commute from his residence, in both directions,

shall be considered as time worked.

19.8 Eighty Hours in Fourteen Day Cycle

Where permitted by law, employees may be sched-

uled to work their regular hours on a fourteen (14) day

cycle basis during which eighty (80) hours may be

scheduled without the payment of overtime; provided

however, it is understood that there are no positions

subject to the foregoing as of the effective date of this

Agreement.

ARTICLE XX — JOB INFORMATION

20.1 The principal duties of each employee’s regu-

lar job are contained in a job description. The primary

use of the description is the basis for the establish-

ment of the classification and evaluation of the job.

In addition, it may be necessary for an employee

to perform other occasional assignments not related

or similar to the duties contained in the job descrip-

tion. In the event the occasional assignment of other

job duties results in the employee performing a higher

graded job, the provisions of Article XVIII —

Temporary Transfer shall be applicable. In the event

the occasional assignment of other duties results in the

employee performing the same or lower graded job,

the employee is paid his regular rate. If the occasional

assignment is to be performed on an overtime basis,

the provisions of this Article shall not be applicable

and the provisions of Section 17.4, Article XVII —

Overtime, shall be applicable.

20.2 If the University creates a new job, or revises a

job description, a copy of the new description together

with the degree assigned to each factor in the evaluation

shall be given to the Union.

20.3 The University will provide all technical-

service job descriptions in an online format available

to employees.

ARTICLE XXI — RECLASSIFICATION

OF A JOB INTO OR OUT OF THE

BARGAINING UNIT

21.1 In the event that a study of duties of an existing

non-bargaining unit job indicates that the job should

be in the bargaining unit, the job shall be placed in the

bargaining unit, the incumbent employee in the job

shall remain on the job and the job shall not be

announced.

21.2 The incumbent employee shall thereafter be

subject to the Union Security provisions of this

Agreement.

21.3 Bargaining unit and work unit seniority of the

incumbent employee shall begin as of the effective

date of the reclassification of the job.

21.4 University service shall be from the first date

of regular, continuous full-time University employ-

ment in any type of University employment.

21.5 In the event the University studies the duties

performed by an employee in the bargaining unit and

determines that the classification should be changed to

a non-bargaining unit category, the Union will be

notified orally and in writing of such change as soon

as practicable. The notification will indicate the rea-

sons for such reclassification.

21.6 The Union may submit to the University the

title of any position which the Union may believe

properly should be classified as technical service. The

University shall study such position and respond to the

Union indicating the University’s findings with

respect to the appropriateness of the classification.

Disputes in regard to such findings shall be settled in

the manner provided in Section 8.3, Job Evaluation

Grievance, of Article VIII.

ARTICLE XXII — CONTRACTING OUT

WORK

22.1 The University will not contract out work

which will cause a layoff from University employ-

ment of bargaining unit employees. However, the

University reserves the right to contract out work

under such circumstances as:

(a) skills or equipment are not available at the

particular campus or other location, or

(b) time of delivery of products or production of

services or completion of projects cannot be met with

existing employees at the particular campus or other

location.

22.2 Nothing contained herein shall limit the

University’s rights with respect to layoff, except for

contracting out work, nor shall it limit the

University’s management right to use new

technology, equipment, machinery, tools, energy or

laborsaving devices, nor shall anything contained

herein limit the University’s management right to

discontinue or reduce services or to purchase or use

new, processed, refined or different products or

materials in providing products or services to all

members of the University community. Nothing

contained herein shall be deemed to require the

University to hire additional personnel in the

bargaining unit.

ARTICLE XXIII — NONDISCRIMINATION

No employee or applicant for employment covered

by this Agreement shall be discriminated against

because of membership in the Union or activities

on behalf of the Union. Neither the University nor

the Union shall discriminate for or against any

employee or applicant for employment covered by this

Agreement on account of age as defined by law,

ancestry, color, disability or handicap, genetic infor-

mation, national origin, race, religious creed, sex,

sexual orientation, gender identity, or veteran status.

Further, the University shall take affirmative action to

employ and advance in employment individuals

without regard to age, ancestry, color, disability or

handicap, national origin, race, religious creed, sex,

sexual orientation, gender identity, or veteran status.

Nothing herein shall be construed to permit Union

activity which interferes with the operation of the

University or violates this Agreement.

ARTICLE XXIV — VACATIONS

24.1 Eligibility

An employee shall be eligible to accumulate vaca-

tion earnings in accordance with this Article upon date

of hire into a regular job; however, vacation may not

be used until after completion of the ninety (90)

calendar day probationary period.

24.2 Accumulating Vacation Time

(a) A regular employee normally scheduled for

forty (40) hours per week shall accumulate vacation

based upon the length of continuous regular service

of any type with the University as follows: A day of

vacation accumulation is equal to eight (8) hours.

Monthly

Rate of

Accumulation

Maximum

Accumulation

Allowed

During first ten (10) years

(120 months) of regular

employment

Days

24 Days

From beginning of eleventh

(11

) year up to and

including the twenty-fifth

(25

) year

(121 months to 300 months)

2 Days

30 Days

From beginning of twenty-

sixth (26th) year (301

months), and continuing

thereafter

Days

33 Days

An employee earns the appropriate accumulation in

any calendar month in which the employee is paid for

regular work days amounting to two (2) full work weeks

plus one (1) full work day in that month, except that pay

received for accumulated vacation at time of layoff

exceeding 120 calendar days or termination of

employment shall not be credited.

(b) Each regular employee normally scheduled for

less than forty (40) hours per week shall accumulate

vacation on the basis of eight (8) hours for each one

hundred sixty-eight (168) hours paid, and may use

that accrual upon completion of eighty-eight (88) hours

of the said one hundred sixty-eight (168) hours.

actively at work as long as the employee is being paid

full salary. For example, an employee being paid

during a vacation or a sick leave continues to

accumulate vacation during that period.

24.3 Scheduling Vacations

(a) The work requirements of the University shall

take priority over the scheduling of vacation or other

time off for an employee. Nevertheless, the University

shall give consideration to any specific request for

vacation by an employee. An employee requesting

vacation should do so as far in advance of the proposed

date of commencement of the vacation as feasible. In

turn, the University should respond to the request

promptly. Work unit seniority shall determine

competitive requests for vacation within a work area

or work group. A department or other appropriate

work unit may, at its option, establish periods of time

during which vacations are to be taken and/or periods

of time submitted. Vacation requests submitted at

times other than during the specified periods shall be

considered after requests received during the period

have received full consideration.

(b) If vacation or other time off is to be charged

to the vacation accumulation of an employee, it shall

be scheduled and approved by the supervisor in

advance. If an employee is absent without advance

approval by the supervisor, he shall not be paid for the

time and shall be subject to disciplinary action. A

supervisor may allow time off that is not scheduled

in advance to be charged to vacation accumulation

in any case where the supervisor judges the

circumstances to be an emergency.

accumulated vacation on the basis of the hours of

absence from the normal work schedule.

(d) If an employee on vacation desires to return to

work before the scheduled vacation ends, the

employee shall contact his supervisor to determine if

such a return is permissible.

24.4 Vacation Relief Crew

To provide for granting requests for short-term use

of accumulated vacation, compensatory time, personal

holidays, and no-pay days each year from the first day

of class of Fall Semester to the last day of class of

Spring Semester, excluding final cleanup periods

(except for cases of extreme emergency), in University

Park Food Service Dining Commons, Food

Production and Distribution, HUB Dining, and

Housing, four (4) grade 10 positions shall be main-

tained to serve as a relief crew.

These employees shall fill in as necessary in order

that employees in the aforementioned work units may

be granted short-term vacation (including

compensatory, personal holiday, or no pay) time off.

The relief worker may fill in for an employee other

than the employee requesting vacation, if temporary

transfer or other arrangements cover the requesting

employee’s work.

A total of thirty (30) days of vacation per week to

requesting employees is guaranteed.

Requests shall be granted on the basis of work unit

seniority.

Within a work area on any given day, only one (1)

Cook may be off. Within a work area on any given day,

no more than a total of four (4) employees [including

one (1) Cook] may be off.

Requests for vacation time off shall be made at least

twenty-one (21) calendar days in advance of the

first day of the requested vacation period (pre-

scheduled time). The University will respond to the

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request at least seven (7) calendar days prior to the first

day of the requested vacation period.

Pre-scheduled time off shall be limited to no more

than five (5) consecutive days, and the maximum

pre-scheduled time off hereunder, together with time

off charged to vacation, compensatory time, personal

holidays, and no pay for other than illness or injury

[time off of less than four (4) hours in any day shall

not be counted] shall be seven (7) days during the

period described herein.

If relief workers are available for requests for pre-

scheduled time off, such requests shall be granted

without regard to the reasons for the requests.

Requests for vacation time off made less than

twenty-one (21) calendar days in advance of the first

day of the requested vacation period shall be granted

without regard to the reasons for the request or the

number of days of time off previously taken, if relief

workers are available.

If the number of vacation requests does not require

assignment of all relief worker time, available relief

worker time shall be utilized in other Housing and

Food Services operations. However, a vacation

request shall have first priority provided the request

is received at least seventy-two (72) hours in advance

of the beginning of the employee’s shift on the day

requested.

Relief worker positions shall have flexible days

off and shifts.

With the approval of the Union, the University from

time to time may adjust the number of relief workers

to the extent that four (4) such workers are not needed

to meet the short-term vacation needs of the

employees. The reasonableness of a refusal by the

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Union to approve such a reduction shall be subject to

the grievance procedure.

24.5 Termination of Employment

An employee whose employment terminates

because of resignation or dismissal shall receive the

cash value of unused vacation accumulation, com-

puted up to and including the last full day worked,

provided the employee has completed one (1) contin-

uous year of regular employment status immediately

preceding the date of resignation or dismissal and the

employee has given at least one (1) week advance

notice in the event of resignation. If an employee

resigns with one (1) year or more of continuous, regu-

lar employment status preceding the date of resigna-

tion, but has not given at least one (1) week advance

notice of resignation, the employee shall forfeit from

accumulated vacation an amount equal to the product

of the employee’s applicable vacation accumulation

rate for the twelve (12) months prior to termination

times twelve (12).

When an employee retires on a pension, the

employee shall have the option to either use his

vacation accumulation prior to the effective date of

retirement or receive the cash value of unused vaca-

tion accumulation.

ARTICLE XXV — HOLIDAYS

25.1 (a) Except at the College of Medicine, the

following days are established as holidays:

A Personal Holiday

New Year’s Day

Memorial Day

Independence Day

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Labor Day

Thanksgiving Day

Six days at Christmas time

(b) When Christmas comes on these days the six

(6) holidays are:

Sunday December 25, 26, 27, 28, 29, 30

Monday December 22, 25, 26, 27, 28, 29

Tuesday December 24, 25, 26, 27, 28, 31

Wednesday December 23, 24, 25, 26, 27, 30

Thursday December 24, 25, 26, 29, 30, 31

Friday December 24, 25, 28, 29, 30, 31

Saturday December 23, 24, 25, 27, 28, 29

paid time off for an employee and is scheduled in the

same way in which vacation is scheduled, but such

request shall not be unreasonably denied. A proba-

tionary employee does not earn a personal holiday.

If not used, the personal holiday shall be carried over

into the next calendar year, but not thereafter. The

personal holiday shall be earned upon completion of

the probationary period and on the first calendar day

of each year, January 1, thereafter.

If an employee is required to work on a day previ-

ously scheduled as a personal holiday, pay for such

day will be handled under the provisions of Section

25.4, holiday falling on the employee’s regularly

scheduled workday.

25.2 (a) The following days are established as

holidays for the College of Medicine:

New Year’s Day

Memorial Day

Independence Day

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Labor Day

Thanksgiving Day

Christmas Day

(b) Because of the necessary operation of the

College of Medicine, regular employees at the

College of Medicine shall earn six (6) service days

each calendar year in lieu of the personal holiday and

the additional holidays granted at Christmas time to

other regular University employees. The Christmas

Day holiday shall be applicable at the College of

Medicine as at all other University facilities. Four

(4) hours of service day time shall be earned in a

calendar month in which the employee is paid for

eleven (11) or more days; provided, however, that

vacation and service day time paid at time of a layoff

exceeding 120 calendar days or termination of

employment shall not be credited toward satisfying

the eleven (11) paid days requirement.

same way vacation is scheduled. Service days earned

may be carried over into the next calendar year but not

thereafter.

(d) An employee whose employment terminates

because of resignation or dismissal shall receive the

cash value of unused service days, computed up to and

including the last full day worked, provided the

employee has earned at least three (3) service days and

the employee has given at least one (1) week advance

notice in the event of resignation. When an employee

retires on a pension, the employee shall have the

option to either use the unused service days prior to the

effective date of retirement or receive the cash value

of unused service days. An employee who is placed on

layoff who has unused service days shall be

104

compensated for such days in the same manner as

accumulated vacation in accordance with Section

10.5(e) of this Agreement.

25.3 Airport Operations and Bryce Jordan Center

The following days are established as holidays for

Airport Operations employees hired on or after July

1, 2011 and Bryce Jordan Center employees:

New Year’s Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

Such employees shall earn six (6) service days each

calendar year in lieu of the personal holiday and the

additional holidays granted at Christmas time to oth-

er regular employees pursuant to Section 25.1. The

earning and application of service days shall be in

accordance with provisions elsewhere in the Agree-

ment. No layoffs shall occur during Christmas time,

except in the event of an emergency.

25.4 A holiday is a twenty-four (24) hour period

which begins at 12:01 a.m. on any of the holidays

established by the University pursuant to this

Agreement.

25.5 Where a holiday falls on the employee’s

regularly scheduled work day:

(a) If the employee is not required to work, the

employee shall receive his regular pay for that day.

(b) If the employee is required to work on a holiday

in accordance with the employee’s regular schedule,

the employee shall receive his regular pay for that

105

entire day, plus a payment of twice the employee’s

regular hourly rate times the number of hours worked

on the holiday. When an employee’s regular work

schedule begins at 8:00 p.m. or earlier on a holiday or

ends at 4:00 a.m. or later on a holiday, that employee’s

entire shift shall be considered to be on the holiday and

subject to the provisions herein. However, no

employee shall receive double holiday benefits for the

same holiday.

time off for hours worked on the holiday.

(d) If the employee is required to work on a holi-

day, the employee shall work his regular shift; how-

ever, employees may exchange shifts on a holiday

with approval of the University.

(e) Nonemergency holiday work shall be assigned

in a manner acceptable to the parties.

25.6 Where a holiday falls on the employee’s

regularly scheduled day off:

(a) If the employee is not required to work, he shall

be granted another day of time off with pay as his

holiday. Such time off shall be scheduled in the same

way in which vacation is scheduled and shall be used

for absences before accumulated vacation is used.

(b) If an employee is required to work, he shall

be granted another day of time off with pay as his

holiday, and in addition, he shall receive a payment

of twice his regular hourly rate for each of the hours

worked on the holiday. Such time off shall be sched-

uled in the same way in which vacation is scheduled

and shall be used for absences before accumulated

vacation is used.

on a scheduled paid day off, which was granted in

106

accordance with (a) or (b) of this Section 25.6,

payment for such day will be handled under the

provisions of Section 25.5, holiday falling on

employee’s regularly scheduled workday.

25.7 If a holiday occurs while an employee is using

accumulated vacation or sick leave, the employee

shall receive his regular pay for the day and such time

shall not be charged against accumulated vacation or

sick leave.

25.8 If a holiday, except Christmas, occurs on a

Sunday, the University shall observe it on the follow-

ing Monday.

25.9 If an employee is scheduled to work on a

holiday and does not report to work on such a day, he

is subject to disciplinary action and will not be paid

for the day unless the absence is justified by

compelling circumstances.

25.10 An employee on layoff shall be paid for a

holiday that occurs within the first thirty (30) days of

layoff in accordance with Article X, Section 10.5(g).

25.11 An employee on leave of absence without

pay is not granted holidays that occur during the leave,

except voluntary leave when granted to an employee

in lieu of working during a period of layoff [see Article

X, Section 10.5(g)].

25.12 Martin Luther King, Jr.’s Birthday

and Juneteenth National Independence Day

Any official observance by the University in

recognition of Martin Luther King, Jr.’s Birthday or

Juneteenth National Independence Day that affects

other regular staff employees shall be extended in like

manner to members of the bargaining unit.

107

25.13 December Holidays

An employee entitled to the December holidays

established in Section 25.1, who regularly works forty

(40) hours per week on a schedule of fewer than five

(5) days per week, shall not be granted another day of

time off with pay pursuant to Section 25.6 if the

December holiday schedule results in all of the

employee’s workdays in a workweek being con-

sidered as holidays, and the employee accordingly

receives forty (40) hours of holiday pay for that week.

ARTICLE XXVI — SICK LEAVE

26.1 Monthly Sick Leave Rate

An employee who regularly works forty (40) hours

per week shall accumulate one (1) day (8 hours) of

sick leave with pay for each calendar month in which

the employee is paid for regular work days

amounting to two (2) full work weeks plus one (1) full

work day in that month, except that pay received for

accumulated vacation at time of layoff exceeding 120

calendar days or termination of employment shall not

be credited.

An employee who regularly works less than forty

(40) hours each week shall accumulate eight (8) hours

of sick leave for each one hundred sixty-eight (168)

hours paid, and may use that accrual upon completion

of eighty-eight (88) hours of the said one hundred

sixty-eight (168) hours. Paid sick leave may not be

used until after completion of the probationary period.

26.2 Absence Chargeable as Sick Leave

Absence is chargeable as sick leave when the

employee is unable to perform his duties because

108

of his illness or injury. Time off for an employee’s

routine appointment with a physician, dentist, hospi-

tal, or optometrist is charged to sick leave, provided

it is not possible for the employee to schedule the

appointment on his own time. The request for such

time off shall be made as far in advance as possible.

An employee is expected to return to the job as soon

as the appointment is completed. A supervisor may

request the employee to submit a written statement

from the person with whom he had the appointment.

An employee may use up to five (5) days of

accumulated sick leave per calendar year to care for

a sick family member. Family member as used in

this Section 26.2 shall be defined as the employee’s

mother, father, partner (spouse or an individual with

whom the employee shares a committed, domestic

relationship), child, grandparent, brother, sister, or

person residing with the employee. The care provided

may include bedside care as well as accompanying the

family member to a doctor’s appointment. Absences

provided for in this paragraph shall not be

considered as part of an employee’s attendance record

for purposes of job bidding.

26.3 Fitness for Duty

(Non-Work-Related Illness or Injury)

Where the University questions an employee’s

fitness or ability to perform his or her work, the

University may require certification from a

University-designated healthcare provider specifying

the employee’s fitness and ability to perform his or her

work. Such a determination by the University

concerning the employee’s fitness or ability may be

grieved by the employee pursuant to Article VIII of

109

this Agreement.

When a fitness for duty evaluation is required by

the University and the employee is determined to be:

(a) fit and able to work in which case the employee

will be paid at the employee’s regular rate for the time

the employee is away from work at the University’s

direction. Paid time will be reduced for appointments

canceled by the employee or other delays caused by

the employee, or

(b) unfit and unable to work in which case the

employee will charge the absence in accordance with

this Article.

If a subsequent fitness for duty evaluation is

required, it shall be considered a separate incident

subject to the provisions of this Section.

26.4 Termination of Employment

Except as provided below, accumulated sick leave

is not reimbursable upon termination of employment.

An employee who retires on a pension who is eligible

for continuation of insurance into retirement in accor-

dance with Article XXXII shall receive one-fourth

(1/4) the cash value of the employee’s unused sick

leave; provided, however, such payment shall not

exceed an amount equal to (a) twelve and one-half (12

1/2) days of pay (100 hours) or (b) seventeen (17) days

of pay (136 hours) if the employee’s accumulated sick

leave balance is at least three-fourths (3/4) of all sick

leave earned.

26.5 Absence for Sickness in Excess of

Accumulated Sick Leave

If an employee has used all of his accumulated

sick leave during a period of illness or injury (non- job

110

related), additional absence, at the option of the

employee, is:

(a) Charged against other accumulated paid time off

(see Article XXV, Section 25.5) and accumulated

vacation, or

(b) The employee is granted a leave of absence

without pay in accordance with the provisions of the

Article concerning leave of absence for sickness.

26.6 Unusual Use of Sick Leave

(a) Where sick leave use is unusual under the

circumstances, the University may, by notification

in writing, require the employee to present a doctor’s

certificate for each of the next three (3) sick leave

absences that occur during the next six (6) months

of active work. This notification is not a warning let-

ter and does not necessarily mean the employee has

violated policy.

If the employee has more than three (3) sick leave

absences before the completion of the six (6) month

period, nothing herein shall preclude the University’s

sending another letter regarding unusual use of sick

leave prior to completion of the six (6) month period.

(b) An employee shall be sent a warning letter in

accordance with the Article of this Agreement con-

cerning Discipline and Discharge, and shall not be

paid for his absence if the employee fails to present

a doctor’s certificate or if the employee has asked to

have his absence charged to sick leave falsely.

26.7 Notification of Illness

(a) If illness or injury prevents an employee from

reporting to work, he shall notify his supervisor or

an alternate designated by his supervisor as far in

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advance as possible, but in no case later than one

(1) hour after the time that the employee ordinarily

reports to work. In work areas where special arrange-

ments for earlier notification are established by the

supervisor, such notification shall be given at least

one-half (1/2) hour prior to the beginning of the shift.

Otherwise, the absence will result in a salary deduc-

tion unless it can be shown that it was impossible

for such notice to be given to the supervisor or the

designated alternate. All special arrangements for

earlier notification established by the University in

accordance with this Section 26.7(a) will either be

posted in the work area or given to the employee in

writing, and a copy will be provided to the Union.

(b) If an employee has a telephone available to

him, he shall call to give such notification unless it

would be a substantial physical hardship to make the

call. If the employee does not have a telephone avail-

able to him, he shall make advance arrangements

with his supervisor for a mutually agreeable method of

notification.

be reached, a notification may be given to the Uni-

versity telephone operator and such notification shall

be deemed to comply with this Section. However, it

is the employee’s responsibility to first try to contact

his own supervisor or the alternate. An employee who

calls the University telephone operator without first

trying to contact his supervisor or the alternate shall be

deemed as not giving proper notification.

(d) When notification of absence has been

received, if the supervisor feels the circumstances of

the absence to be questionable, the supervisor may

request, but shall not require, the employee to present

112

a doctor’s certificate upon return to work providing

substantiation of the illness or injury.

26.8 Sickness and Accident Supplement

(a) An employee with five (5) or more years of

bargaining unit seniority who is absent beyond sixty

(60) continuous calendar days for an illness or injury

will be covered by the University’s Sickness and

Accident Supplement. However, an employee shall

not be eligible for this Sickness and Accident

Supplement if such employee has used more than

six (6) sick days of accumulated sick leave without

doctor’s certification in the twelve (12) month period

immediately preceding the absence. The doctor’s

certification must be submitted to the University prior

to the beginning of the absence.

(b) The Sickness and Accident Supplement shall

entitle an employee to receive one-third (1/3) of pay

for work days missed due to illness or injury under the

following conditions:

1. Such pay is available beginning with the sixty-

first (61st) day of the absence and ending on the one-

hundred-eightieth (180th) day of absence.

2. Such pay is not available for any day for which

the employee elects to charge accumulated sick leave

at the regular rate in order to receive full pay for the

day. However, the employee may elect and receive

the Sickness and Accident Supplement pay and charge

one-third (1/3) of a day accrued sick leave and receive

two-thirds (2/3) pay for the day.

If an employee has used all of his accumulated

sick leave, additional absence, at the option of the

employee, may be charged as provided herein against

other accumulated paid time off (see Article XXV,

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Section 25.5) and accumulated vacation.

3. Such pay shall be reduced by amounts for

which the employee is eligible from Worker’s

Compensation, Social Security or other disability

coverages not paid for entirely by the employee.

ARTICLE XXVII — ON-THE-JOB INJURY

OR ILLNESS

27.1 Eligibility

The following conditions apply for an employee

with an injury or illness compensable (covered by)

under the Workers’ Compensation Act, Occupational

Disease Act, or similar legislation.

27.2 Absence from Work for Employees hired

on or before June 30, 2014

(a) Absence during the first seven (7) calendar days.

If the employee is absent during the first seven (7)

calendar days following the date of injury, full salary

shall be paid and the employee shall be charged one-

third (1/3) of a day of sick leave for each work

day of absence, or if sick leave balance is exhausted,

the employee, at the option of the employee, may use

vacation at the rate of one-third (1/3) of a day for each

day of absence. If an employee who has charged sick

leave or vacation in order to receive salary during this

seven (7) day period subsequently received a Workers

Compensation insurance check for that period, the

employee shall endorse that check and return it to the

University. The charge to sick leave accumulation, or

vacation accumulation if appropriate, shall then be

adjusted and prorated to the difference between the

employee’s gross salary and the amount of the check,

114

but not to exceed one-third (1/3) day for each day of

absence.

(b) Absence for eight (8) or more calendar days. If

the employee is absent for eight (8) or more calendar

days following the date of injury, the employee shall

have the option to continue to receive full salary and

be charged one-third (1/3) of a day of accumulated

sick leave, or accumulated vacation if sick leave is

expended, or to be placed on leave of absence without

pay. Any compensation checks the employee may

receive while receiving full salary shall be endorsed

and returned to the University. The charge to sick

leave accumulation, or vacation accumulation if

appropriate, shall then be adjusted and prorated to

the difference between the employee’s gross salary

and the amount of the check, but not to exceed one-

third (1/3) day for each day of absence. If the

employee requests leave of absence, such leave shall

commence the eighth (8th) calendar day of absence

and may extend up to a maximum of thirty-six (36)

months. The employee shall retain any Workers’

Compensation insurance checks received for the

period of the leave of absence without pay. If the

amount received from Workers’ Compensation is less

than the employee’s normal rate of pay, the employee

may elect to charge sick leave accumulation in the

appropriate amount, or in the absence of sick leave

accumulation the employee may charge vacation

accumulation in the appropriate amount, in order to

make up the difference in pay during the first twenty-

four (24) months of the leave. If an employee has

earnings sufficient to accumulate vacation and sick

leave, and the employee in any month reaches the

maximum vacation accumulation for the employee,

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the one-third (1/3) day charge will be switched from

accumulated sick leave and charged instead to

vacation to the extent that the employee does not lose

the vacation earned for that month.

shall be made no later than five (5) working days

following determination of compensability and the

employee’s election of an option, as applicable, in

sections (a) and (b) above.

(d) For employees hired on or before June 30, 2014,

the Agreement provides for charging absence from

work as a result of an injury or illness compensable

under the Workers’ Compensation Act, Occupational

Disease Act or similar legislation at the rate of one-

third (1/3) of a day of sick leave for each workday of

absence.

In the event an employee hired on or before June

30, 2014 needs to miss work for a doctor’s visit for

such injury or illness, the one-third (1/3) charge rate

shall apply, even though the employee is not eligible

for Workers’ Compensation insurance compensation

checks for lost time; provided, however, that the Uni-

versity shall have the right to require the employee

to sign a waiver permitting the University to obtain

medical verification that the absence from work for the

doctor’s visit is bona fide and medically necessary for

treatment of the on-the-job injury or illness.

27.3 Absence from Work for Employees

Hired on or After July 1, 2014

(a) Absence during the first seven (7) calendar days.

For the first seven (7) calendar days of absence for a

compensable injury or illness the employee shall use

116

accumulated sick leave, or at the option of the

employee, be granted leave without pay.

(b) Absence for eight (8) or more calendar days. If

the employee is absent, due to a compensable injury or

illness, for eight (8) or more calendar days, the

employee shall be placed on a leave of absence. Such

leave shall commence the eighth (8th) calendar day of

absence and may extend up to a maximum of thirty-

six (36) months. The employee shall retain any

Workers’ Compensation insurance checks received for

the period of the leave of absence without pay.

27.4 Modified Duty

An evaluation of the employee’s condition shall

be made as soon as practical to determine the nature,

extent, and anticipated duration of any incapacity.

Based on the evaluation, the employee will be

assigned to modified duty as available and appropriate

to the employee’s physical ability and skills for a

period to be determined on an individual case basis. If

such assignment is to a work schedule different from

the employee’s regular work schedule, the University

shall give the employee five (5) calendar days’ notice.

A grade will be determined for the modified duty and

the employee will be paid at that grade at the

appropriate point on the salary scale attained by the

employee. The full amount of any compensation

checks the employee may receive while the employee

is on modified duty shall be retained by the employee

except to the extent the weekly income from modified

duty and Workers’ Compensation exceeds the

employee’s regular weekly salary based on the hourly

rate of the employee’s regular job, in which event such

excess shall be returned to the University. An

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employee on modified duty may be temporarily

replaced in the employee’s regular job for the period

of the modified duty. Subsequent evaluations may be

made as necessary to determine if an employee on

leave of absence can be returned on modified duty.

Except as modified above, all terms and provisions

of this Agreement shall be applicable to an employee

on such modified duty.

27.5 First Ninety (90) Calendar Days

of Medical Treatment

Where provided, and in accordance with appli-

cable law, the employee shall select a health care

provider from a panel of health care providers deter-

mined in advance by the University for any compen-

sable treatment. The employee is required to treat with

a health care provider from the panel for the first ninety

(90) calendar days of medical treatment for the on-the-

job injury or illness. Treatment that may occur

subsequent to the first ninety (90) calendar days of

treatment shall be by any health care provider of the

employee’s choice.

27.6 Insurance During Leave of

Absence Without Pay

The employee’s biweekly contribution for all

group health care and insurance coverages in which

enrolled shall be paid by the University, if the

employee is on leave of absence without pay

following an on-the-job injury, for the first twenty-

four (24) months of such leave, provided the employee

continues to receive Workers’ Compensation

insurance payments.

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ARTICLE XXVIII — OTHER PAID TIME OFF

28.1 Jury Service

If an employee is on jury duty, the University shall

pay the employee’s full salary for time absent from

work. If the approved time absent (as described above)

results in the employee missing more than half of the

employee’s regularly scheduled work shift, the

employee shall be excused from the remainder of the

shift with no loss of salary (see Section 28.7 below).

28.2 Volunteer Fire Fighting

The full pay of an employee shall be paid dur-

ing the time spent by the employee during the

employee’s regular working hours in fighting fires or

in answering other public alarms, provided that the

employee is a member of the volunteer fire depart-

ment that is engaged in the activity or, in the event of

a forest fire, the employee is engaged in an organized

forest fire fighting operation in the area in which the

employee’s campus or center is located (see Section

28.7 below). A member of a volunteer fire department

shall be permitted to wear a device necessary for

receiving alarm messages, but shall not respond to an

alarm unless permission to leave work has been

granted by the employee’s supervisor either at the time

or by advance arrangement.

28.3 Ambulance Driving

(a) A member of a volunteer ambulance club or

organization shall be permitted to wear a device

necessary for receiving alarm messages, but shall not

respond to an alarm unless permission to leave work

has been granted by the employee’s supervisor either

at the time or by advance arrangement.

119

(b) The full pay of an employee shall be paid during

the time spent by the employee during the employee’s

regular working hours in nonscheduled driving of an

ambulance for a volunteer ambulance club or

organization serving the community where the

employee’s campus or center is located.

for a volunteer ambulance club or organization that

does not primarily serve the community where the

employee’s campus or center is located, the full pay of

the employee shall be paid during the time spent by

the employee during the employee’s regular working

hours in driving an ambulance provided:

1. The driving is limited to unplanned emergen-

cies, and

2. The employee is not called from work to drive

(see Section 28.7 below).

28.4 Emergency Rescue

The full pay of an employee shall be paid during

the time spent by the employee during the employee’s

regular working hours when engaged in an organized

emergency rescue of someone trapped in a cave,

provided the employee is a member of an established

spelunking club or organization and the rescue activity

is in the area in which the employee’s campus or center

is located.

28.5 Subpoenaed Witness

If an employee is subpoenaed as a witness, the

employee’s full salary shall be paid for the time spent

by the employee during the employee’s working hours

as a witness (see Section 28.7 below).

120

28.6 Certified Air-Raid Wardens, Airplane

Spotters, Civil Defense Officials, and Civil

Air Patrol Members

An employee who is certified as an air-raid warden,

airplane spotter, or civil defense official shall be paid

the employee’s full salary for the time spent by the

employee during the employee’s regular working

hours on such duties provided there is an authorized

alert and the Civil Defense authorities have requested

him to report for duty. A member of a Civil Air Patrol

Group involved in an air search and rescue mission

shall be paid the employee’s full salary for the time

spent by the employee during the employee’s regular

working hours provided there is an authorized mis-

sion and the Civil Air Patrol authorities have request-

ed the employee to report for duty (see Section 28.7

below).

28.7 Definition of Paid Time Off

In Sections 28.1 through 28.6 above paid time off

shall include time spent in the activity described, plus

reasonable travel time, time necessary for normal

sleeping, etc., as determined by management.

28.8 Death in Family

Absence from work because of death in an

employee’s family shall be allowed with full pay on

the following basis:

(a) Up to five days (40 hours) to be used consecu-

tively, provided such amount of leave is required, for

1. an employee’s: partner (spouse or an individual

with whom the employee shares a committed,

domestic relationship); parent (including stepparent,

guardian, or foster parent); brother or sister (including

half-brother or half-sister); child or stepchild and

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partners of same; and grandchild;

2. an employee’s partner’s: parent (including step-

parent, guardian, or foster parent); child and partner of

same; and grandchild.

A guardian as used in this Section 28.8 shall mean

a person who raised the employee and served in the

place of the parent for a substantial portion of the

employee’s minority life.

(b) Up to one day (8 hours) from the date of death

through the date of the funeral inclusive for

1. an employee’s: grandparent; niece or nephew;

aunt or uncle and partners of same; and brother’s or

sister’s partner;

2. an employee’s partner’s: brother or sister and

partners of same; grandparent; niece or nephew; and

aunt or uncle and partners of same.

family paid time off for regular work hours missed

under the provisions of this Section who already is

receiving paid time off chargeable either to vacation

accumulation, compensatory time, a personal holiday

or sick leave accumulation shall have such time off

as applicable charged instead to death-in-family paid

time off, up to the limits allowed under the provisions

of this Section.

Additional time off shall be charged against the

employee’s vacation accumulation or as a payroll

deduction, at the employee’s option.

28.9 Friday following Thanksgiving

An employee whose work schedule includes the

Friday following Thanksgiving and is not required to

work the Friday following Thanksgiving, shall receive

pay for the day as if he had worked his regularly

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scheduled hours.

An employee whose work schedule includes the

Friday following Thanksgiving and is required to work

the Friday following Thanksgiving shall receive

compensatory time off equivalent to the number of

hours worked, up to eight (8) hours, in addition to his

normal pay for the day.

An employee whose work schedule does not

include the Friday following Thanksgiving and is not

required to work on the Friday following

Thanksgiving, shall receive eight (8) hours of

compensatory time off.

An employee whose work schedule does not

include the Friday following Thanksgiving and is

required to work on the Friday following

Thanksgiving, shall receive eight (8) hours of

compensatory time off in addition to his pay for the

number of hours worked in that day.

Compensatory time off which is earned as a result

of this section shall be scheduled in the same way in

which vacation is scheduled and shall be used for

absences before accumulated vacation is used.

28.10 Paid Parental Leave

Employees who have twelve (12) months of

continuous full-time service with the University are

eligible for

a paid parental leave from work for the

purpose of bonding with a newborn child/children,

placement of a child/children upon adoption, or

appointment as legal guardian of child/children as

follows:

1. Birth of a Child/Children:

Salary and benefits for eligible employees shall be

continued for up to four consecutive weeks within

90 calendar days following the birth of the

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child/children for the birthing and non-birthing

parent.

Adoption or Legal Guardianship of a

Child/Children:

Salary and benefits for eligible employees shall be

continued for up to four consecutive weeks within

90 calendar days following the legal adoption or

guardianship of the child/children.

3. It is the responsibility of the employee to

notify Absence Management of their intention to

request the Paid Parental Leave at least 30 days in

advance, if the need is foreseeable.

4. Any time taken under the Paid Parental

Leave must be utilized consecutively within the first 90

calendar days from the date of the qualifying event.

5. If both parents work for the University and

meet the eligibility requirements of this program, each

employee is individually eligible for up to four

consecutive weeks of Paid Parental Leave as outlined

above. Paid Parental Leave for both parents can run

concurrently, overlap, or be over separate four-week

periods during the first 90 calendar days from the date

of the qualifying event.

6. Paid Parental Leave taken under this policy will

run concurrently with any remaining leave available

under the Family and Medical Leave Act (FMLA).

7. Employee will be required to present the

requisite documentation to verify the qualifying event.

8. The University will maintain enrolled

benefits for employees during the Paid Parental

Leave

period at the employee contribution

rate.

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ARTICLE XXIX — HEALTH CARE

INSURANCE

29.1 An employee in the bargaining unit has the

option to be insured or not insured in the University’s

health care programs for medical, dental, and vision

care coverage. Eligible dependents of an employee

may be insured at the option of the employee.

29.2 (a) An employee who opts to be insured in the

University’s health care programs will have a choice

between either the PPO or the PPO Savings medical

plans. Employee contributions will be determined by

salary indexing and a four-tier rate structure. The

percentage of salary contributions per tier will be

based upon an employee’s base salary on September

30 of the preceding year. Base salary is defined as the

employee’s hourly rate x 2080; and hourly rate is

defined as the point in the salary scale attained by the

employee; provided, however, that the contribution

rate for an employee who bumps into a lower graded

position pursuant to Section 10.2 of the Agreement

will be reduced based on the grade of the bumped

position starting with the pay period immediately after

the effective date of the bump. Upon return to the

employee’s original position, the contribution rate will

be adjusted to reflect the base salary for that original

position, starting with the pay period immediately

after the return to the original position.

1. The following applies to the PPO plan

option:

125

Tier

Percentage

Individual

2.91%

Two persons

6.27%

Parent & child/children

5.86%

Family

7.87%

The 2022 percentage of salary contributions per

tier will be as follows:

The 2023 percentage of salary contributions per

tier will be as follows:

Tier

Percentage

Individual

2.94%

Two persons

6.33%

Parent & child/children

5.92%

Family

7.95%

The 2024 percentage of salary contributions per

tier will be as follows:

Tier

Percentage

Individual

2.97%

Two persons

6.40%

Parent & child/children

5.98%

Family

8.03%

Coinsurance, copay, and deductible amounts that

were in place effective January 1, 2011, will remain the

same through June 30, 2024.

126

2. The following applies to the PPO Savings plan

option, a qualified high-deductible health plan:

The 2022 percentage of salary contributions per

tier will be as follows:

Tier

Percentage

Individual

1.42%

Two persons

3.08%

Parent & child/children

2.87%

Family

3.86%

The 2023 percentage of salary contributions per

tier will be as follows:

Tier

Percentage

Individual

1.44%

Two persons

3.11%

Parent & child/children

2.90%

Family

3.90%

The 2024 percentage of salary contributions per

tier will be as follows:

Tier

Percentage

Individual

1.45%

Two persons

3.14%

Parent & child/children

2.93%

Family

3.94%

Deductible amounts and out-of-pocket

maximums will be as governed by the Internal

Revenue Service.

In calendar years 2022, 2023, and 2024, the

University will contribute to a Health Savings

Account for employees enrolled in this plan. The

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University’s contribution to this Health Savings

Account will be based upon the employee’s base

salary on September 30 of the preceding year as well

as the tier under which he is enrolled. For purposes of

the Health Savings Account, Family tiers are Two-

person, Parent & child/children, and Family. The

University’s contribution to the Health Savings

Account will be as follows:

Employees with a base salary of $45,000 per year

or less shall receive $800 for those enrolled in an

Individual tier or $1,600 for those enrolled in a Family

tier.

Employees with a base salary between $45,001

and including $60,000 per year shall receive $600 for

those enrolled in an Individual tier or $1,200 for those

enrolled in a Family tier.

Employees with a base salary between $60,001

and including $90,000 per year shall receive $400 for

those enrolled in an Individual tier or $800 for those

enrolled in a Family tier.

3. Effective January 1, 2018, when an employee

and the employee’s spouse are both employees in the

bargaining unit, and enrolled in either the Two

Persons tier or the Family tier, the contribution rates

will be based upon the salary of the employee with

the higher base salary on September 30 of the

preceding year. This will not apply if the employee’s

spouse is a University employee who is not in the

bargaining unit; bargaining unit employees in such a

situation who enroll in either the Two Persons tier or

the Family tier may choose whether to be covered by

the medical plans outlined in this Agreement or other

coverage available through the University-employed

spouse, regardless of which employee has the higher

128

base salary.

(b) Dental and Vision Care

1. The University shall assume the major share of

basic dental care and vision care costs at 80% for the

employee and 70% for covered dependents. Thus, the

employee’s contribution for a portion of the cost of the

dental and vision programs in which the employee is

enrolled shall be 20% for the employee only and 26%

(the weighted average of 20% and 30%) for employee

and dependent(s).

2. Dental and vision care coinsurance, copay, and

deductible amounts effective January 1, 2021 will

remain the same through June 30, 2024.

3. Effective, no later than January 1, 2023, the

University will offer an enhanced plan design option

for both dental and vision care. In the event the

University can offer the enhanced plans prior to

January 1, 2023, the University will contact the Union

to discuss earlier implementation.

29.3 Health care coverage for the employee and

for dependents is effective on the first day of

employment, provided the employee enrolls within

thirty-one (31) calendar days of that date. If the

employee or dependents are not insured by the

employee within thirty-one (31) calendar days after

becoming eligible, the next eligibility period to

enroll shall be the annual open enrollment period, for

coverage to be effective the next following January

1. No dependent coverage can be elected unless the

employee is covered.

29.4 If employment is terminated, the employee’s,

and dependent(s) if applicable, health care insurance

coverage is terminated on the last day of the

129

employee’s final pay period, provided however, if an

employee or a covered dependent is totally disabled

as of the time of the employee’s termination, a major

medical claim established for that disability shall

continue to the end of the next following calendar

year.

29.5 When an employee or covered spouse

becomes eligible for Medicare coverage, the

University-sponsored medical plan remains primary.

Information regarding Medicare coverage shall be

provided by the University prior to the sixty-fifth

(65th) birthday. Dental and Vision Care coverages

for employees and their eligible dependents continue

until retirement.

29.6 In the event of layoff, coverage shall be in

accordance with Article X concerning layoff.

29.7 In the event any state or federal health care

legislation as may be enacted during the term of this

Agreement requires a revision of any article or sec-

tion of this Agreement, including the supplements or

riders thereto, or requires the University to provide

to its employees a level of health care benefits which

would constitute a reduction, duplication or

expansion of the health care benefits provided under

the provisions of Article XXIX, the parties shall

enter into immediate collective bargaining

negotiations, after receipt of written notice of desired

amendments by either the University or Union,

solely for the purpose of ensuring compliance with

the applicable legislation and coordinating the health

care benefits required under such legislation with the

benefits provided under the provisions of Article

XXIX, it being understood and agreed that the

130

parties shall attempt, in good faith and to the extent

practicable under such legislation, to ensure that

there is no reduction, duplication or expansion of the

benefits provided under Article XXIX. If the parties

do not reach agreement within sixty (60) days after

receipt of such written notice, either party may

submit the matter to arbitration in accordance with

the provisions of this Agreement.

29.8 In the event a new or revised health care plan

becomes available during the term of this Agreement,

the University will make the plan available to tech-

nical service employees on the same basis as it is made

available to all other University employees not

represented by a collective bargaining representative.

To the extent that employee contribution rate(s) for

health care coverage(s) applicable to technical-ser-

vice employees are eliminated, reduced, restructured

or otherwise modified in a favorable manner for

University employees not represented by a collective

bargaining representative, such action(s) similarly

shall apply to members of the collective bargaining

unit represented by the Union.

29.9 Maintenance Drugs

The wholesale cost plus handling for filling

common maintenance drug prescriptions through

University facilities shall continue in effect for the

term of this Agreement.

An employee who retires on a pension and is

eligible for continuation of insurance into retirement in

accordance with Article XXXII is eligible to par-

ticipate in the University’s Maintenance Prescription

Drug Plan. Provided, however, that if this provision

shall be held invalid by operation of law, or by any

tribunal of competent jurisdiction, or if compliance

131

with or enforcement of this provision shall be

restrained by such tribunal pending final determina-

tion as to its validity, Article XLI, Section 41.2 shall

not apply; the Plan simply shall be discontinued for the

aforementioned retirees.

29.10 Health Screens

The University will continue to offer certain health

screens to employees at no cost with no loss for work

time missed.

29.11 Flexible Benefits

Bargaining unit employees hired on or after

January 1, 1994 will be automatically enrolled in

Flexible Benefits Option #1 and have their deduc-

tions for health and life insurance taken on a pretax

basis. To the extent that this requirement is modified

in a favorable manner for University employees not

represented by a collective bargaining representative,

such action(s) similarly shall apply to members of the

collective bargaining unit represented by the Union.

ARTICLE XXX — LIFE INSURANCE

30.1 Each employee shall have the basic amount

of $25,000 of life insurance which shall be paid by

the University. In addition, employees hired prior to

January 1, 1994 may continue participation in the

Level Premium Plan, or choose to participate in the

Age-Graded Plan. Employees hired on or after

January 1, 1994 may choose to participate in only the

Age-Graded Plan. Once an employee discontinues

participation in the Level Premium Plan, he may not

re-enroll in that program.

30.2 Under the Level Premium Plan, the amount

of insurance coverage shall be in accordance with the

132

following schedules and conditions.

Life

Annual Salary

Insurance

A.D.&D.

$14,000 to 15,999

28,000

16,000 to 17,999

32,000

18,000 to 19,999

36,000

20,000 to 21,999

40,000

22,000 to 23,999

44,000

24,000 to 25,999

48,000

26,000 to 27,999

52,000

28,000 to 29,999

56,000

30,000 and over

60,000

(a) For employees who were on the payroll prior

to October 1, 1979 and who continue

employment past the June 30 following their

65th birthday, the amounts of insurance and

cost shall be the following:

Life

Annual Salary Insurance A.D.&D.

$14,000 to 15,999

18,200

16,000 to 17,999

20,800

18,000 to 19,999

23,400

20,000 to 21,999

26,000

22,000 to 23,999

28,600

24,000 to 25,999

31,200

26,000 to 27,999

33,800

28,000 to 29,999

36,400

30,000 and over

39,000

(b) For employees who are hired on October 1,

1979 or later, the amounts of insurance and

cost shall be in accordance with the following

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charts following age 60:

Effective July 1 coincident with or next following

the 60th birthday

Life

Annual Salary Insurance A.D.&D.

$14,000 to 15,999

18,200

16,000 to 17,999

20,800

18,000 to 19,999

23,400

20,000 to 21,999

26,000

22,000 to 23,999

28,600

24,000 to 25,999

31,200

26,000 to 27,999

33,800

28,000 to 29,999

36,400

30,000 and over

39,000

Effective July 1 coincident with or next following

the 65th birthday

Life

Annual Salary Insurance A.D.&D.

$14,000 to 15,999

11,900

16,000 to 17,999

13,600

18,000 to 19,999

15,300

20,000 to 21,999

16,900

22,000 to 23,999

18,600

24,000 to 25,999

20,300

26,000 to 27,999

22,000

28,000 to 29,999

23,700

30,000 and over

25,400

This plan provides a total and permanent disability

benefit of the first $20,000 of group term insurance,

paid over a period of five years.

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30.3 Under the Age-Graded Plan, an employee

may elect an amount of coverage equal to 1, 2, 3, 4, 5,

6, 7, or 8 times salary (rounded to the nearest $1,000

of salary) to a maximum of $1,500,000. During the

first year of enrollment the maximum amount of

insurance is limited to the lesser of three times salary

or $150,000 without proof of insurability. In

subsequent years, an employee may elect an amount

of coverage equal to an additional one (1) times

salary not to exceed the $1,500,000 maximum. The

amount of insurance under the age-graded plan will

be reduced beginning at the 65th birthday according

to the following schedule:

Percent

Age Reduction

65 35%

70 50%

80 75%

This plan provides for a waiver of premium in

the event of total and permanent disability prior to

age 60.

30.4 Life insurance is effective on the first day an

employee is appointed to a regular position in the

bargaining unit, provided the employee has enrolled

within thirty-one (31) calendar days of that date. If

employment is terminated, except for retirement, an

employee’s life insurance coverage is terminated at the

end of thirty-one (31) calendar days following the last

day of an employee’s final pay period.

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ARTICLE XXXI — ADDITIONAL

INSURANCES

31.1 Accidental Death and Dismemberment

Insurance

An employee in the bargaining unit may be in-

sured, at the employee’s option, in the University’s

plan of accidental death and dismemberment insur-

ance, in accordance with the terms and conditions

thereof. This plan is separate and distinct from the

benefit provided by the Level Premium Plan refer-

enced in Section 30.2.

31.2 Short-Term Disability Insurance

Effective January 1, 2022, an employee in the

bargaining unit may be insured, at the employee’s

option, in the University’s plan of short-term disability

insurance, in accordance with the terms and conditions

of the plan.

ARTICLE XXXII — BENEFITS INTO

RETIREMENT

32.1 Health Insurance

For employees hired prior to January 1, 2010, those

who retire but do not qualify for Medicare coverage

may continue to be insured, together with their eligible

dependents who do not qualify for Medicare, in the

medical coverage by continuing to make contributions

for themselves and, if applicable, for dependent

coverage. Upon qualification for Medicare coverage,

all eligible retirees or dependents may continue to be

insured in a University-sponsored Medicare plan by

continuing to make contributions for themselves and,

if applicable, for dependent coverage. Retirees and

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dependents are expected to participate in Medicare at

their own expense.

Employee eligibility to continue into retirement

group insurances listed in this section is determined as

follows:

(a) The employee had at least fifteen (15) years

of continuous participation in the applicable group

insurance plan immediately preceding retirement at

age 60 or older (employees hired prior to July 1, 1984

shall be subject to terms and conditions in effect at

time of hire), or

(b) The employee had at least twenty-five (25) years

of regular University employment, including at least

ten (10) years of continuous participation in the

applicable group insurance plan immediately preced-

ing retirement, regardless of age.

insurance plan involuntarily ceased because a lay-

off exceeded 120 calendar days in accordance with

Article X, Section 10.5, shall not be considered to

have had a break in participation and, for the purpose

of determining eligibility under this Section 32.1, the

years of continuous participation already accumulated

will be included with years of continuous participa-

tion accrued following recall to active employment.

32.2 Retirement Health Care Savings Plan

For employees hired on or after January 1, 2010, the

University will contribute funds each month on their

behalf to a retirement health care savings plan to help

pay for qualified medical and health-related expenses

in retirement, including the purchase of a health

insurance policy.

Eligibility to access upon termination the plan list-

137

ed in this section is determined as follows:

(a) The employee has completed fifteen (15) years

of continuous full-time service and is age 60 or older

or,

(b) The employee has completed a minimum of

twenty-five (25) years of continuous full-time service.

32.3 Amount of Life Insurance

Eligible employees as defined in Sections 32.1 and

32.2 may continue $5,000 of life insurance into

retirement, which shall be paid by the University.

32.4 Dental and Vision Coverage

Benefits coverage for employees and their eligible

dependents, except for certain continuances as speci-

fied in the insurance contracts, shall terminate on the

last day of the pay period in which an employee re-

tires.

32.5 Implementation of New or Revised Plan

In the event a new or revised plan for continuation

of benefits into retirement for University employees

becomes effective during the term of this Agreement,

bargaining unit members hired on or after the effec-

tive date of University implementation of such new

or revised plan will be subject to conditions govern-

ing such plan as applicable to all other University

employees not represented by a collective bargaining

representative. Bargaining unit members hired prior to

the implementation date of any such new or revised

plan will continue under the conditions set forth in

Sections 32.1 and 32.2 above.

138

ARTICLE XXXIII —

MANDATORY RETIREMENT

PLAN

Each employee in the bargaining unit, except those

who previously waived participation, shall be a

member of the appropriate retirement plan in effect at

the University.

ARTICLE XXXIV — NOTICE OF

TERMINATION OF EMPLOYMENT

An employee shall give two (2) calendar weeks’

notice of termination of employment.

ARTICLE XXXV — SAFETY AND HEALTH

CONDITIONS

35.1 Safety

The safety of employees is an important concern to

both the University and the Union.

(a) If an employee has reason to believe that a

particular assignment or piece of equipment or

apparatus would present undue hazard to the

employee or to others, the employee has responsibility

for informing the employee’s supervisor of this

condition.

(b) If an employee refuses to perform a particular

assignment giving abnormal safety hazard as the

reason for refusal, a University Safety Representative

shall conduct a review of the facts to determine if such

refusal was justified. If the refusal was not justified,

the employee may be subject to disciplinary action.

vehicle that he operates violates local, state, or fed-

139

eral codes or regulations governing weight, width or

defective equipment, the employee has responsibility

for informing the employee’s supervisor of the condi-

tion. The University shall be responsible for the pay-

ment of monetary fines for such violations, unless the

employee knew or should have known of the defect

or condition and failed to report the same to the

employee’s supervisor, or unless the employee failed

to follow directions to remedy the defect or condition.

(d) The University shall provide such items of

safety equipment to an employee as are required by

law.

(e) The University shall notify the Union of a bar-

gaining unit employee lost-time accident.

(f) The full-time paid Union Officers shall be

members of the University’s Safety Council.

35.2 Safety Glasses

The University shall provide safety goggles or

shields where necessary for the safety of an employee.

Where an employee’s regularly assigned duties

require the use of machine tools to work to precise

or close tolerances, the University shall pay the addi-

tional costs for having the lenses made of tempered,

industrial quality glass, provided the employee sub-

mits a statement to the employee’s supervisor from a

licensed optometrist or ophthalmologist on which the

cost of the treated glass (excluding the prescription

and grinding) is indicated.

ARTICLE XXXVI — EDUCATIONAL

PRIVILEGES

A regular employee will be subject to the provisions

of the University policy of educational privileges for

140

employees and their eligible dependents in effect on

January 1, 2018; provided, however, the University

may amend or entirely eliminate said policy only to

the extent required by any act of the General

Assembly or in order to receive any appropriation

from the Commonwealth of Pennsylvania.

ARTICLE XXXVII — EMPLOYEES HOLDING

PUBLIC OFFICE

37.1 A regular employee in the bargaining unit

may hold public office provided it does not inter-

fere with the employee’s performance of University

duties.

37.2 An employee who campaigns for any public

office shall resign from the position or request formal

leave of absence without salary for the duration of the

campaign, if the campaign would interfere in any way

deemed significant by officers of the University with

the performance of assigned University duties.

37.3 If an employee is elected or appointed to a

public office that would interfere in any way deemed

significant by officers of the University with the

performance of assigned University duties, the

employee shall resign from the position or petition

the University for a leave of absence without salary

which may or may not be granted at the discretion of

the University.

ARTICLE XXXVIII — STEWARDS

38.1 The University recognizes the rights of the

Union to designate a reasonable number of Shop

Stewards and alternates from the University’s

employment roles. The authority of Stewards and

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alternates so designated by the Union shall be limited

to, and shall not exceed, the following duties and

activities within their assigned areas of responsibili-

ties as mutually agreed upon by the parties:

(a) The investigation and participation in the

processing of grievances with the University or its

designated representatives in accordance with the

provisions of the collective bargaining agreement.

(b) The collection of initiation fees and dues when

authorized by the Union, provided that such collec-

tion shall be made at a time other than the work duty

time of either the employee or the Steward.

sages and information which shall originate, and are

authorized by the Union or its officers, and which are

in writing unless of a routine nature, provided that

the act of such transmission does not cause any work

stoppages, slowdowns, or other interference with the

operation of the University.

38.2 Stewards and alternates have no authority to

take any strike action, or any other action interrupting

the University’s functions. The University recognizes

these limitations upon the authority of the Stewards

and their alternates, and shall not hold the Union liable

for any unauthorized acts. The University, in so

recognizing such limitations, shall have the authority

to impose proper discipline, including discharge, in the

event a Steward has caused unauthorized strike action,

slowdown or work stoppage in violation of this

Agreement.

38.3 Stewards shall be permitted reasonable time

to investigate or participate in the processing of

grievances in accordance with the grievance proce-

142

dure for employees in the Steward’s area of respon-

sibility on the University’s property without loss of

time or pay during their regular working hours; and

where mutually agreed to by the Union and the

University, off University property without loss of

time or pay. Such time spent in handling grievances

during the Steward’s regular working hours shall be

considered working hours in computing daily and/

or weekly overtime if within the regular schedule of

the Steward.

The Steward shall make arrangements with the

supervisor before making such investigations and shall

also make arrangements with the supervisor of the

employee to whom the Steward is rendering

assistance.

A Steward may participate in the grievance

procedure unless such participation is specifically

objected to by the employee.

38.4 The Union shall notify the Manager of Labor

and Employee Relations of the name of the Steward

and alternates for each specific area of responsibility

mutually agreed upon by the parties. Any change in

the number of Stewards or alternates or any change

in the specific geographic area served by a Steward

or alternate shall be mutually agreed upon by the par-

ties. The assignment of a specific area for a Steward

shall not prohibit a Steward from serving as a sub-

stitute in another work unit at the campus location

in the absence of a regular Steward or alternate for

a meeting to be held between the University and an

employee in accordance with Article VI of this

Agreement, upon mutual agreement of the parties.

If the University cannot reach a paid Union Officer, or

if mutual agreement cannot be reached, the University

143

may select an available Steward to serve as a

substitute.

38.5 The Steward is entitled to time off without sal-

ary to attend Union functions such as labor institutes,

or the time may be counted as part of the Steward’s

annual vacation period. The Steward shall select

which option the Steward desires. Arrangements for

such time off shall be scheduled far enough in advance

to enable the supervisors to provide coverage for the

Steward’s work in the Steward’s absence.

38.6 Superseniority for Stewards

A Steward shall have bargaining unit seniority that

supersedes all other employees in the Steward’s job

title within the Steward’s work unit for layoff and

recall purposes only. This superseniority shall be

contingent upon continued active service as a Steward.

Such superseniority shall not apply to alternate

Stewards.

In the event of layoff where there is a reduction

in the number of operating areas to be served by

Stewards, and where there are more Stewards with

superseniority than the number of areas to be served,

the determination of which Stewards shall have

superseniority shall be determined by the Stewards’

regular bargaining-unit seniority.

ARTICLE XXXIX — UNION ACTIVITIES

39.1 Holding Meetings

The Union may hold a meeting in a University

building with the prior approval of the University.

Such approval shall be granted by the Manager of

Labor and Employee Relations.

144

39.2 Posting Notices

The University agrees to provide space on existing

bulletin boards to enable the Union to post notices.

Such notices shall be posted by Union Stewards in

their own area of responsibility.

(a) If any notices are posted that are detrimental

to the interest of the University or derogatory to the

University, such notices shall be immediately removed

by the Union upon request by the University.

(b) Such notices shall be posted by the Steward or

an alternate at times other than the Steward’s

University working hours.

39.3 An employee may not attend a meeting of the

Union during the employee’s working hours unless

permission is granted by the supervisor. The time off

shall be charged against vacation accumulation or

shall be treated as a pay deduction.

39.4 Visits to Work Areas

A full-time paid Union Officer or Business Agent

designated under Article XIV of this Agreement may

visit a University work area not otherwise restricted

by University requirements upon request made to the

Manager of Labor and Employee Relations or his

designee. Such request shall be made sufficiently in

advance to provide for arrangements for an alternate

time for the visit if the time first requested would

interfere with University operations. During such visit

the Union Officer or Business Agent shall not

interrupt the employees in the performance of their

duties or permit interruption to take place, without the

consent of the University. Nothing in this section,

however, shall preclude the Union Officer or Business

Agent conferring with an employee on the employee’s

own time.

145

39.5 Payment of Union Negotiating Team

Members

In respect to collective bargaining sessions for a

new Agreement, the University and Union will share

equally (50-50 basis) the amount of straight time

wages, for up to eight (8) hours, for up to eight (8)

employees attending each joint negotiation session

during their scheduled working hours. Furthermore,

if more than eight (8) such employees attend any joint

negotiation session, this calculation of wages will be

based on the eight (8) highest graded employees

attending. The Union will reimburse the University

for the Union’s share of the employees up to eight

(8) and will reimburse the University for 100% of

the wages for those employees, if any, over eight (8)

on the Union’s negotiating team who attend any joint

negotiation session during their scheduled working

hours.

ARTICLE XL — EMPLOYEE WORK UNIT

PERSONNEL FILES

40.1 After the effective date of this Agreement,

all internal correspondence to an employee regarding

conduct or performance, warning letters, letters of

commendation and formal performance evaluations

may not be placed in the employee’s work unit

personnel file unless the employee shall have had

an opportunity to review the material and sign it;

such signature by the employee shall not indicate

concurrence in its contents. The employee shall have

the right to submit two copies of a written statement

concerning any material the employee finds objec-

tionable within thirty (30) days of the receipt of such

material. One (1) copy of such statement shall then

146

become part of the employee’s work unit person-

nel file and one (1) copy shall be provided to the

employee’s supervisor.

40.2 (a) An employee shall be given reasonable

access to the employee’s work unit personnel file to

review the file during regular business hours of the

office where the file is maintained. Request for such

access to the file shall be made by the employee to

the employee’s supervisor, and a member of manage-

ment shall be present with the employee during the

employee’s review of the file.

(b) An employee shall be permitted to make hand-

written notes from the file, but shall not be permitted

to remove the file or portions thereof. A copy of any

material in the file that, initially, had also been pro-

vided to or by the employee, but which the employee

no longer has in his possession, shall be provided to

the employee upon request.

ARTICLE XLI — AGREEMENT SUBJECT TO

APPLICABLE LAW

41.1 If any article or section of this Agreement or

of the supplements or riders thereto, shall be held

invalid by operation of law, or by any tribunal of

competent jurisdiction, or if compliance with or

enforcement of any article or section shall be

restrained by such tribunal pending final determina-

tion as to its validity, the remainder of this Agreement

and all supplements or riders thereto shall not be

affected thereby.

41.2 In the event any article or section is held

invalid or enforcement of or compliance with has been

restrained as above set forth, the parties affected

thereby shall enter into immediate collective

147

bargaining negotiations after receipt of written notice

of desired amendments by either the University or

Union solely for the purpose of arriving at a mutually

satisfactory replacement for such article or section.

If the parties do not agree on a mutually satisfactory

replacement within sixty (60) days after receipt of

such written notice, either party may submit the matter

to arbitration in accordance with the provisions of this

Agreement.

ARTICLE XLII – VEHICLE REGISTRATION

FEE

(a) The vehicle registration fee for individuals who

park in University Park parking lots shall be in accor-

dance with the following schedule:

Effective

Open

Reserved

Commuter

Date

Lots

July 1, 2021

$37.00

$38.00

$11.00

July 1, 2022

37.00

39.00

12.00

July 1, 2023

37.00

40.00

13.00

(b) The registration fee at all other University

locations away from University Park will be the Open

Lot fee as provided by Section (a) herein.

Park employee to serve on an area-specific parking

advisory committee; provided, however, that no

employee may serve on more than one (1) such

committee.

(d) Scheduled bus service to and from the Com-

muter Lot, currently provided by the Campus Loop

and Campus Link routes, shall be at no charge to the

employee for the term of the Agreement.

(e) To the extent that the fees set forth herein are

148

not implemented, delayed in their implementation,

reduced, restructured or otherwise modified in a

favorable manner for University employees not rep-

resented by a collective bargaining representative,

such action(s) similarly shall apply to members of the

collective bargaining unit represented by the Union.

ARTICLE XLIII –COMMITTEES

The parties agree that interactions between

employees and management contribute to the mutual

goals of good communication, cooperation, and

understanding. With the exception of the safety and

parking committees mentioned else- where in this

Agreement, the parties also agree that such

interactions should not include discussion of wages,

hours, and terms and conditions of employ- ment

which are under the purview of the collective

bargaining agreement. The Union must approve the

participation of an employee invited or requested by

the University to serve on a formally appointed com-

mittee. It is understood that a group discussing such

things as work processes, quality improvement, or

areas of work-related expertise does not constitute a

formally appointed committee.

ARTICLE XLIV – EMPLOYEES PERFORMING

ESSENTIAL SERVICES

44.1 (a) An employee identified by the University as

performing essential services shall be so notified in

writing at the beginning of each fall semester or at the

time of hire into a new position if hired after the

beginning of the fall semester. Unless notified otherwise

by the University, all such employees are expected to

149

report to work during their normally scheduled work day

during any official University closedown or when the

University announces the activation of essential

employees at a campus or facility.

(b) Each work unit shall designate the job titles that

are essential. If not all employees in a job title are

designated essential, the University will first designate

employees as essential via volunteers in work unit

seniority order. If there are not enough volunteers,

essential status will be identified in reverse work unit

seniority order.

44.2 During any official University closedown or

when the University announces the activation of

essential employees, the following provisions shall apply

to activated essential employees:

(a.) An employee shall be granted equivalent time

off for the hours worked during the University

closedown or essential employee activation period.

Subject to the following limitations:

(1) Hours worked before and/or after the

official University closedown or

activation period do not qualify for

equivalent time off.

(2) Equivalent time off shall not be granted

for hours worked during the official

University closedown or activation

period for which the employee is eligible

for overtime pay.

(b.) Equivalent time off shall be scheduled in the

same manner as vacation accumulation.

(c.) An essential employee who does not report to

work during a closure and/or when activated must charge

the time off to accumulated paid time off.

44.3 The following provisions shall apply to both

150

employees not identified as performing essential services

and to essential employees who are notified not to report

to work during any official University closedown or

when essential employees are activated:

(a.) The employee shall receive pay for the part of

the work schedule missed during the official University

closedown or essential employee activation period.

(b.) The status of an employee on a regularly

scheduled day off, layoff, or leave of absence without

pay does not change because of an official University

closedown or because essential employees are activated.

However, an employee who had requested to use

vacation, personal holiday, or sick leave time shall not

have such time charged for the period of the employee's

regular work time encompassed by an official University

closedown or essential employee activation period.

ARTICLE XLV — FMLA

The federal Family and Medical Leave Act (FMLA)

of 1993 applies to an employee who has at least twelve

(12) months of University employment (regular or

nonregular), and who has worked at least 1,250 hours

during the twelve (12) month period immediately prior

to an FMLA-qualifying absence.

Applicable unpaid and paid time off will be count-

ed by the University as FMLA-qualifying in cal-

culating the legally mandated entitlement of up to a

total of twelve (12) weeks of FMLA time off within a

twelve (12) month period.

ARTICLE XLVI — PENN STATE

HOSPITALITY SERVICES

This Article is expressly limited in scope and

151

applies only to Penn State Hospitality Services

employees. The parties mutually recognize that Penn

State Hospitality Services presents a unique business

dynamic that does not exist in other work units within

the University. Among other things, Penn State

Hospitality Services must respond to customer needs

and related unpredictable work loads, and further must

effectively compete for the services it provides. For

these reasons, the parties have created innovative

mechanisms to address the unique needs of Penn State

Hospitality Services. However, the parties wish to

stress that this Article is specifically tailored to Penn

State Hospitality Services only and shall not be

applicable to other work units. This limitation is not

intended to affect or limit the applicable scope of any