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Unions > Local 707 - Security 2008 Contract

Local 707 - Security 2008 Contract

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Local 707 Security Intro

Highway Local Motor Freight Drivers, Dockmen & Helpers Local Union No. 707, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("Union").
 
Representing on campus full-time and part-time public safety employees, as defined by the Agreement.
 
For the current Agreement (2008-2012), please click on the link below:
 
Agreement between Teachers College and Highway
Local Motor Freight Drivers, Dockmen & Helpers Local Union No. 707

Security Preamble

THIS AGREEMENT is made as of the 2nd day of October, 2008, by and between TEACHERS COLLEGE ("College") and Highway Local Motor Freight Drivers, Dockmen & Helpers Local Union No. 707, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("Union").

W I T N E S S E T H:

WHEREAS, the Union has been recognized by the College as the exclusive bargaining agent for certain Public Safety Employees of the College, as defined in Article 1 of this Agreement, and

WHEREAS, the College and the Union have met and bargained collectively about wages, hours, and other terms and conditions of employment,

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, the College and the Union agree as follows:

Security Article 1: Recognition

ARTICLE 1:  Recognition
 
The College recognizes the Union as the sole and exclusive bargaining agent of all full‑time Public Safety employees employed in the job classifications of Lieutenant, Sergeant and Public Safety Officer.  As used in this Agreement, the words "employee" and "employees" mean a person or persons recognized by the College as represented by the Union for purposes of collective bargaining as defined in this Article.

Security Article 2: Union Security

ARTICLE 2:  Union Security

  1. Union Shop

1.      Condition of Employment:  It shall be a condition of employment that all employees of the College covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members of the Union on the effective date of this Agreement shall become and remain members in good standing in the Union no later than the 30th day following the effective date of this Agreement.  It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall become and remain members in good standing with the Union no later than the 30th day following the effective date of this Agreement.  For the purpose of this Article an Employee shall be considered a member in good standing if he/she tenders the uniformly required periodic dues and or initiation fees related to representation costs.

2.      Failure to Become a Member:  In the event the Employee fails to tender the uniformly required periodic dues and or initiation fees related to representation costs, the Union shall send written notice to the Employee, with a copy to the College, advising the Employee that he/she no longer is a member of the Union in good standing, and warning the Employee that unless the uniformly required periodic dues and or initiation fees related to representation costs are paid within seventy-two (72) hours the College shall be requested to discharge him/her.  If the Employee, after such notification from the Union, does not correct his/her default within seventy-two (72) hours, the Union may send written notice to the College, with a copy to the Employee, demanding the Employee’s discharge and the College shall immediately discharge the said Employee.  A discharge made pursuant to this Agreement shall not be subject to the grievance and arbitration provisions of this Agreement.  The Union agrees to indemnify and hold harmless the College against any damage or expense incurred by reason of a discharge affected at the request of the Union.

3.      Compliance with the Law – In the event of any change in the law during the term of this Agreement, affecting the provisions of this Article 2, then the Union may elect to reopen the subject matter of this Article upon giving the College ten (10) days written notice for the purpose of bargaining to the extent that any portion of this Article is affected by any such change.

4.      If any provision of this Article is invalid under the law of the State of New York, such provision shall be modified to comply with the requirements of state law or shall be renegotiated for the purpose of adequate replacement.  If such negotiations shall not result in a mutually satisfactory agreement, either party shall be permitted all legal or economic recourse.

  1. Hiring Additional Employees

The College shall notify the Union when new employees are to be hired.  The Union shall have the right to send applicants for the job or jobs and the College agrees to interview such applicants and give the same interview considerations to applicants sent by the Union as is given to applicants from other sources.  This provision shall not be deemed to require the College to hire applicants referred to the College by the Union or to preclude the College from hiring employees from other sources.  The College reserves the right to finally pass on the qualifications and experience of all applicants for employment.

  1. New Employees

The College shall immediately notify the Shop Steward, or, if there is no Shop Steward, the Union, of the employment of any person who under this Agreement is required to be a member of the Union.  Upon notice from the Union that any employee who, thirty (30) days from the date of first employment, as applicable, has failed to tender the periodic dues and initiation fees uniformly required as a condition of acquiring and retaining Union membership, the College agrees to terminate such employee after receipt of ten (10) days' written notice, excluding Saturdays, Sundays and Holidays, from a properly authorized official of the Union, certifying that membership has been and is continuing to be offered to such employee on the same basis as all other members and, further, that the employee has had notice  and opportunity to make all dues and initiation fee payments uniformly required as a condition of acquiring and maintaining Union membership.

        D.  D.R.I.V.E. AUTHORIZATION AND DEDUCTION

     The College agrees to deduct from the paycheck of all employees covered by this Agreement, who submit signed authorization cards to the College complying with all applicable laws, voluntary contributions to D.R.I.V.E.  D.R.I.V.E. shall notify the College of the amounts designated by each contributing employee that is to be deducted from his/her paycheck on a weekly basis and for all weeks worked.  The phrase “weeks worked” excludes any week other than a week in which the employee earned a wage.

     The International Brotherhood of Teamsters shall reimburse the College annually for the College’s actual cost for the expenses incurred in administering the weekly payroll deduction plan.

      The College shall transmit to National D.R.I.V.E. headquarters, at the below address, on a monthly basis, in one check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s Social Security number and the amount deducted from the employee’s paycheck:

The Union agrees that it will indemnify and hold harmless the College and its Successors,

National D.R.I.V.E.

P.O. Box 758637

Baltimore, MD  21275

      Assigns, Directors, Officers, Employees and Agents from and against any and all damages, liabilities, obligations, cost, expenses, claims, or damages, either known or unknown relating to or arising out of this program.

Security Article 3: Check-off

ARTICLE 3: Check-off

  1. Upon receipt and pursuant to an appropriate written authorization from an employee, the College shall deduct (commencing not earlier than the first pay period following the completion of the employee's thirtieth (30th) day of employment) each month from such employee's wages and remit to the Union the regular monthly Union dues and initiation fee as fixed by the Union.
  2. Employees who do not sign written authorizations for deductions must adhere to the same payment procedure by making payments directly to the Union.
  3. The College shall be relieved from making the "check off" deductions pursuant to this Article upon an employee's (1) termination of employment, (2) transfer to a job other than one covered by Article I of this Agreement (RECOGNITION), (3) layoff from work, (4) an authorized leave of absence, or (5) revocation of the check off authorization in accordance with its terms or with applicable law.  Notwithstanding items (1), (2), (3), and (4) of this paragraph, upon the return of an employee to work from any of the foregoing enumerated absences, the College will immediately resume the obligation of making said deductions.
  4. The College shall not be obliged to make dues deductions of any kind from any employee who, during any dues month involved, shall have failed to receive sufficient wages to equal the dues deductions.
  5. The College shall remit to the Union all deductions for Union dues and initiation fees made from the wages of employees pursuant to this Article by the end of the month in which such deductions are made.
  6. It is specifically agreed that the College assumes no obligation, financial or otherwise, arising out of the provisions of this Article, and the Union hereby agrees that it will indemnify and hold the College harmless from any claims, actions or proceedings by any employee arising from deductions made by the College hereunder.  Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.

Security Article 4: Management Rights

ARTICLE 4:  Management Rights

Except as otherwise provided in this Agreement, the College retains the exclusive right to hire, direct and schedule the working force; to plan, direct and control operations; to discontinue, reorganize or combine any department or operation, with any consequent reduction or other changes in the working force; to lay off employees; to promulgate rules and regulations; to introduce new or improved methods or facilities regardless of whether the new and improved methods or facilities cause a reduction in the working force; and, in all respects, to carry out the ordinary and customary functions of management subject to the understanding that the College will consult with the Union before exercising any right under this Article and subject to the further understanding that any such right shall be exercised in a reasonable manner.

Security Article 5: Union Rights

ARTICLE 5:  Union Rights

  1. In accordance with existing procedures, the Union shall have the right to hold membership meetings in the buildings of the college, and the Union and / or its committees shall have the right to meet in buildings of the College for the purpose of conducting official business at other reasonable times, subject to the understanding that no such use shall interfere with the adequate functioning of the college’s operations.
  2. The Union shall have the right to use the College's facilities, equipment, and services on the same basis as any other union recognized for purposes of collective bargaining by the College.
  3. The Union shall have the right to use two (2) bulletin boards for the publication of appropriate official notices.  These bulletin boards shall be placed conspicuously, in places readily accessible to employees in the course of their employment, and in places agreed to between the College and the Union.  Notices posted on these bulletin boards must be approved and initialed by the Union Shop Steward or his or her authorized designee in advance of posting.
  4. Protection of Rights

It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action by the College or by the Union in the event an employee refuses or decides to enter upon any property involved in a primary labor dispute, or goes through or refuses to go through or work behind any primary picket line, including primary picket lines at the College's places of business, it being the parties' intent that the decision to enter or not to enter any such property will be each individual employee's own decision as a matter for his or her personal conscience.

Security Article 6: No Discrimination

ARTICLE 6: No Discrimination

  1. Neither the College nor the Union shall violate any law prohibiting discrimination against any employee on account of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, physical handicap or union membership.
  2. The College agrees that it will provide maternity leave benefits on a non discriminatory basis as required by law.
  3. Relatives and/or cohabitants may not be employed within the same work area or department and no employee shall work under the supervision of a member of his or her immediate family whether through a direct organizational relationship or an indirect relationship, such as that between a person holding an academic appointment and a staff member.  This can include ongoing project management teams.  For purposes of this policy, immediate family is defined as parent, spouse, domestic partner, children, uncle, aunt, niece, nephew, brother, sister, or in-law.  If two employees marry or establish a domestic partnership, both may retain their positions, provided: they do not work in the same department and/or one is not under the direct or indirect supervision of the other.
  4. The implementation of Article 6 (C) will not result in the loss of employment or rights and privileges provided under the Agreement to employees hired prior to September 1, 2004,   However, employees hired prior to September 1, 2004, will not influence personnel, financial or other operational decisions which could affect a family member who is also an employee.

Security Article 7: Workweek

ARTICLE 7: Workweek

  1. Except as provided below, the regular workweek for each regular full time employee shall consist of eight (8) working hours per day for any five (5) consecutive days, except that in order to accommodate its scheduling needs, the College -- in consultation with the Secretary-Treasurer of Local 707, IBT, or his designee -- shall have the flexibility as it deems necessary (1) to schedule the regular work week of the two least senior employees in such a fashion so that either one or both may not have consecutive days off and (2) to schedule any employee for a different period of five consecutive working days and/or different working Tours of Duty. 
  2. Each employee shall be entitled to take one paid 15 minute rest period during the first half of his or her working day and one paid 15 minute rest period during the second half of his or her working day, subject to the understanding that on the short working Fridays during the summer months, any employee who is released from work early shall be entitled to take only one paid 15 minute rest period.
  3. All meal breaks and rest periods shall be assigned by the College so that they do not unreasonably interfere with the operation of the College.
  4. All rules and regulations relating to unauthorized absences, signing in or out and/or lateness shall be uniformly applied to all employees.
  5. Overtime Work and Pay

1.      An employee shall be paid at the rate of one and one half times his or her regular hourly rate for all hours worked in excess of (1) eight (8) hours daily or (2) forty (40) hours weekly except that for the purposes of calculating 40 hours of work under (2) hereof, no employee shall receive credit for time worked for any absence due to illness or vacations of three days or more.

2.      a. Overtime work properly assigned to an employee, must be worked by the employee.

      b.  At the option of the College, any employee who performs four or more hours of unscheduled overtime work (e.g., either overtime work for which the employee did not volunteer in advance of the day on which it is worked, or overtime work which the employee is not scheduled to perform pursuant to the regular rotation plan in effect at the time it is originally assigned to another employee) shall either be paid a meal allowance in the sum of $10.00, less required withholdings, or shall be furnished with a meal.

  1. Friday Closings

Consistent with the adequate functioning of the College's operations, each employee who works a regular 40 hour workweek shall be entitled to two (2) hours time off with pay on each Friday on which the employee actually works (e.g., excluding holidays, vacation days, sick leave days, personal leave days, etc.) during the period beginning on the Friday before Memorial Day, through Labor Day, except during registration.  Consistent with the reasonable scheduling requirements of the College, if it is necessary for an employee otherwise eligible to receive the benefit of this provision to work, any such employee shall be entitled to receive an equivalent amount of time off at another mutually convenient time.

  1. Midnight to 8 A.M. Shift

The College will schedule two employees to work together during the midnight to 8 a.m. “Tour of Duty” (the "Midnight to 8 a.m. Tour of Duty") each day that the Midnight to 8 a.m. Tour of Duty is scheduled and requires the two employees to perform their normal work duties of performing security checks as may be required at various locations at or about the College's premises so long as (a) any employee who is scheduled to work the Midnight to 8 a.m. Tour of Duty who does not report for work actually informs the College that he or she does not intend to report for work at least two (2) hours in advance of the beginning of the Midnight to 8 a.m. Tour of Duty which will be affected by such employee's absence, (b) another employee is available to perform the work on the Midnight to 8 a.m. Tour of Duty of the employee who is absent, and (c) subject to the understanding that any employee who has any unscheduled absence will have his or her name, as applicable, placed at the bottom of the rotation list used by the College for the purposes of making overtime assignments to employees. 

H.     1.   Overtime (Security Relief):  The College shall establish a “tour based rotation list” for the purposes of assigning the work of any employee who is absent from work for any short-term illness (i.e., an absence of five days or less).  When an employee is absent from work because of a short term illness, then the work of the absent employee will be offered (a) first to the employee who actually worked on the Tour of Duty prior to the absent employee who is next scheduled to work according to the “tour based rotation list”; (b) if the employee next scheduled to work on the “tour based rotation list” does not want the work, then the supervising Public Safety officer on the Tour of Duty shall attempt to find a volunteer to do the work of the absent employee among the other employees; (c) if there is no volunteer, then the College shall have the option of requiring the employee next scheduled to work on the “tour based rotation list” to stay and work the Tour of Duty of the absent employee.

      2.  Except in emergency situations and except as otherwise provided above and by Article 30 (TEMPORARY REPLACEMENTS), overtime work shall be distributed on a rotation basis in accordance with seniority.    

      3.  A Public Safety Employee must remain working until he or she is properly relieved as determined by the officer in charge of the Tour of Duty immediately following the regular tour of duty worked by the Public Safety Employee.  It is the responsibility of the officer in charge of the Tour of Duty immediately following the regular Tour of Duty worked by the Public Safety Employee to find the relief, if available.

      4.  If it is determined by mutual agreement of the parties, or by arbitration pursuant to this Agreement, that an employee was improperly excluded from an overtime work assignment based upon seniority, the sole remedy shall be to schedule the employee for said overtime work on the next occasion that overtime is required to be worked. Any employee who is incorrectly assigned such work out of sequence shall have his or her next overtime assignment deferred until such time as his or her assignment is consistent with his or her entitlements under the terms of this Article.

  1. When the College closes during a regular work day, due to an official College closing, and the staff is sent home early, any employee who is required to finish his or her work day, will be paid one and one half (1 1/2) times his or her hourly rate for the balance of the day.
  2. Public Safety employees must make every reasonable effort to report to work during an official College closing, if they were previously scheduled to work on the day in question. If, in the event of an official College closing on the date on which a Public Safety Employee is scheduled to be off, and Management contacts the employee and requests that he or she report to work, the employee must make every reasonable effort to report to work. In such instances, the employee shall be paid time and a half for all time worked. In addition, in the event that the College is officially closed during the course of an employee’s shift (e.g., in the event the College closes early due to severe weather), Public Safety employees will continue working until the end of their shift unless they are released by their Manager. When the above paragraph is in force, Article 7 (I) of this agreement will apply.
  3. When a Public Safety Officer is forced to work overtime due to an error on the part of the College he or shall be skipped for the next mandatory overtime if he or she chooses.  The affected Public Safety Officer shall notify management in writing whether he or she intends to be skipped within three days of the date management acknowledges the error or an error is determined to have been made in accordance with the grievance and arbitration procedure of the Agreement.

Security Article 8: Probationary Period

ARTICLE 8: Probationary Period

  1. Any new hire shall be considered a probationary employee for the period of seventy-five (75) working days from the date of employment, however this period of time can be shortened by mutual agreement between the Union and the College.
  2. At any time prior to the end of an employee's probationary period, the College may discharge the probationary employee with or without cause and without recourse by the Union or the employee, provided, that the College may not discharge or discipline for the purpose of evading this Agreement or discriminating against Union members.  After the probationary period, the employee shall be placed on the regular seniority list, as applicable.
  3. This Article pertains to individuals hired to fill vacant positions including individuals engaged from staffing agencies to fill a position opened due to an open position.

Security Article 9: Seniority

ARTICLE 9: Seniority

  1. Definitions and Application

1.      Bargaining unit seniority shall be defined as the length of time an employee has been continuously employed in any position in the bargaining unit as defined in Article 1 (RECOGNITION) of this Agreement.  Bargaining unit seniority shall apply in the computation and determination of eligibility for all benefits where length of employment is a factor pursuant to the terms of this Agreement.

2.      Classification seniority shall be defined as the length of time an employee has been continuously employed in a bargaining unit job classification covered by this Agreement.

3.      Seniority Rank and Posting:  Within 30 days after signing this Agreement, the College shall post in a conspicuous place a list of employees arranged according to their seniority.  Claims for corrections to such lists must be made to the College within ten (10) days after posting, and after such time the lists will be regarded as correct.  Any controversy over the seniority standing of any employee on such lists if raised within such ten (10) day period shall be subject to the Grievance Procedure as established by this Agreement.

4.      Seniority shall prevail in that the employees shall have preference to choose their shifts, by seniority, when offered, provided the employee has the ability and fitness to perform the work of that job classification. 

  1. Commencement and Accrual

1.      An employee's seniority shall commence the day after the employee completes his or her probationary period and shall be retroactive to the date of initial employment.

2.      Except as otherwise provided in Section B.3. of this Article, seniority shall accrue on and after the day it commences.

3.      Seniority shall be maintained but shall not accrue during a period of continuous layoff not to exceed twenty four (24) months.

  1. Loss               

      An employee shall lose his or her seniority when the employee (1) terminates his or her employment voluntarily; (2) is discharged for just and sufficient cause; (3) willfully exceeds an authorized leave of absence; or (4) is laid off for a period in excess of twenty four (24) months.

Security Article 10: Promotions, Layoff and Recall

ARTICLE 10: Promotions, Layoff and Recall

  1. Promotions

1.      In the event a vacancy occurs in a job classification which pays more than an employee's present job classification, when the employee has the ability and fitness to perform the work of that job classification and applies for the promotion in response to a notice posted by the College, he or she shall be promoted to that job classification so long as the employee's bargaining unit seniority is greater than any other employee similarly situated, unless the ability and fitness of the employees involved to perform the job are materially unequal.

2.      Promoted employees shall be given a trial period in the job to which they are promoted ("the promoted classification") which is equal to the probationary period of employment for the promoted classification.  Immediately upon assuming the new job duties, the employee will receive the rate of pay for the classification to which he or she is promoted.  If the promoted employee is unable to perform the duties required to be performed in the promoted classification to the satisfaction of the College, the employee shall be returned to his or her former job, if available, or, if the former job is unavailable, to a job which is equivalent to his or her former job, at the rate of pay for the former job plus any increases which he or she would have received in the former job pursuant to this Agreement.  The employee shall retain full seniority in that former or equivalent job classification.  In the event that the former job is not available and no equivalent job is available, then the employee shall be offered a position which he or she has the ability to perform at the same rate of pay received in the job classification from which the employee was promoted plus any increases which he or she would have received in the former job pursuant to this Agreement.

3.      All Employees in the classification of lead officers (Lieutenants and/or Sergeants) must be Fire Safety Director (FSD) certified. The parties agree to the following:

A.     The Fire Safety Director (FSD) certification shall be from the New York City Fire Department. Certification from other jurisdictions, other than the City of New York, shall not meet this requirement.

B.     All Lieutenants and Sergeants (Public Safety Officer 1) shall be paid the applicable rate of pay, as per the Collective Bargaining Agreement (CBA).

C.     The position of Lieutenant requires added responsibilities, above and beyond those of Public Safety Officer I and Public Safety Officer II, as outlined in the Lieutenant job description published by the College.

D.     Promotions of Public Safety Officers to the position of “Lieutenant” will comply with this Article of the CBA, except that: 

1.      If the senior Public Safety Officer applying for the position of “Lieutenant” is NOT FSD certified, the College agrees to provide FSD training, at no cost to the Public Safety Officer, so he/she can become FSD certified.

2.      During the interim while the above mentioned Public Safety Officer is being trained to become FSD certified, the College can utilize the next senior FSD certified Public Safety Officer as acting Lead Person until the senior Officer becomes FSD certified. 

3.      The College reserves the right to limit the amount of College paid training, and / or the amount of times a Public Safety Officer can attempt to become FSD certified.

4.      Current Public Safety Officers who are not FSD certified will have six (6) months from the signing of this Agreement to begin the process of becoming FSD certified; however the language concerning promotions to Lieutenant and or Sergeant in this Agreement will remain in effect.  

E.      Public Safety Officers serving as Leads (acting Lieutenants) during the absence of a regular Lieutenant on a particular shift, shall be compensated for work in the higher job classification in compliance with Article 12 Wages, Section H Compensation for Work in a Higher Job Classification of the CBA, except that Public Safety Officers working as Leads shall be compensated at the rate of pay of Public Safety Officer I (Sergeant), as is the current practice.

  1. Layoff

1.      In the event of a layoff, employees shall be laid off on the basis of classification seniority with employees with less classification seniority being laid off first.  Any employee laid off in any job classification may exercise his or her bargaining group seniority to bump an employee with the least bargaining unit seniority working in a job classification which pays an hourly rate which is the same or less than the laid off employee's job classification, or to a position similar to the job he or she held, and which the laid off employee is qualified to perform.  Bumping shall be lateral or downward.  The College shall give written notice of layoff on Friday of any workweek and an employee who is laid off must exercise his or her right (in writing) to bump by 5:00 p.m. of the following Wednesday.

2.      The College agrees to give any employee who is to be laid off two weeks' notice.  If the employee is required by the College to work but does not work during any part of this period, he or she shall not be paid for the time not worked.  The College may pay the affected employee in lieu of the two week notice.

3.      Prior to exercising its right to lay off any employee or employees, the College agrees that it will consult with the Union about such action.

4.      Severance Pay:  In the event of a layoff of five weeks or more of any employee who has completed one or more years of service, the College agrees to pay any such laid off employee severance pay at the rate of one week's pay for each year of service, prorated, subject to the understanding that once an employee has been compensated under this provision for any period of service, that period of service shall not be taken into account for the purposes of calculating severance in the event that the employee is subsequently recalled to work and then laid off.  This provision does not apply to any employee who quits or who is discharged for cause, or to any layoff of less than five (5) weeks.

  1. Recall

Any employee who is laid off shall be informed by the Director of Human Resources when a permanent vacancy occurs in his or her former job classification ("permanent vacancy") within twenty four (24) months from the day of his or her layoff.  When such a permanent vacancy occurs, the Director of Human Resources will inform the laid off employee about the permanent vacancy by certified letter mailed to his or her last known address.  If the laid off employee agrees to return to work and fills the permanent vacancy within fifteen (15) working days of the date of the letter from the Director of Human Resources, he or she shall be reinstated in his or her former job classification.  If the letter is returned by the Post Office as undeliverable or if a laid off employee declines the job offer or does not respond within fifteen (15) working days of the date of the letter from the Director of Human Resources, his or her name shall be removed from the recall list, subject to the understanding that if a laid off employee refuses to perform services in a temporary vacancy (e.g., performing temporary work in order to fill in for employees on vacation or on a leave of absence), the rights of the laid off employee under this paragraph shall not be affected unless such employee accepts employment in a temporary vacancy but fails without good cause to report to work as scheduled, in which case the employee's name shall be stricken from the recall list.  Recall rights shall be based on classification seniority.

Security Article 11: Discipline

ARTICLE 11: Discipline

  1. 1. No employee who has completed his or her probationary period shall be discharged, suspended or otherwise disciplined except for just and sufficient cause.  No disciplinary notice (including a warning letter) shall be valid unless it is in writing, states the specific grounds and circumstances on which it is based and has been delivered to the affected employee in the presents of either his/her Shop Steward or Union representative, within forty five (45) days, from the date the Department Manager, or Human Resources knew or reasonably should have become aware of the circumstances upon which it is based, and the involvement of the employee at issue. The forty-five (45) days can be extended by mutual agreement between the College and the Union. Such agreement will not be unreasonably withheld.

2.  In situations where the circumstances upon which discipline might be imposed are being investigated by the College’s harassment panel or the police department, and the outcome of that investigation could have a bearing on the imposition of discipline, the forty-five (45) day period referenced in Paragraph A (1) of this Article shall not apply.  Upon receipt of the investigation results, the College shall have ten (10) days to impose disciplinary action, or request an extension from the Union, as defined herein.

  1. The failure of an employee or the Union to grieve or protest a written warning notice to which no other discipline is attached shall in no manner be prejudicial to the employee in a future grievance or arbitration hearing involving the written warning notice.
  2. A written warning from which no other discipline derives within the subsequent eighteen month period following the date on which the warning is issued to an employee shall not be considered as part of the employee's personnel record for the purposes of this Article or Article 26 (GRIEVANCE AND ARBITRATION PROCEDURES).
  3. Suspension concerning absenteeism, or lateness, shall not be considered part of the employees’ personnel record for the purpose of this Article or Article 26 ( Grievance and Arbitration Procedures) after a twenty four (24) month period following the date on which the suspension was issued to an employee.
  4. A copy of all disciplinary notices will be sent to the Local Union and the Shop Steward.

Security Article 12: Wages

ARTICLE 12: Wages

  1. The College shall have until October 24, 2008 in which to pay the retroactive Payments required by this agreement.
  2. Effective on the date of ratification and retroactive to March 1, 2008, each employee covered by this agreement shall receive a three and one half percent (3.5%) wage increase. In addition, effective on the date of ratification, the College shall pay a longevity bonus, which shall not be applied to the employees’ annual base rate of pay, as follow:

Years of Service as of Date of Ratification         Bonus Amount

                        5 or greater but less than 10                                       $200

                        10 or greater but less than 20                                     $300

                        20 or greater but less than 30                                     $400

                        30 or greater                                                                    $500

  1. Effective September 1, 2009, each employee covered by this agreement shall receive a four percent (4%) wage increase.
  2. Effective September 1, 2010, each employee covered by this agreement shall receive a four percent (4%) wage increase.
  3. Effective September 1, 2011, each employee covered by this agreement shall receive a three and three-quarter percent (3.75%) wage increase. In addition, effective September 1, 2011, the College shall pay a longevity bonus which shall not be applied to the employees’ annual base rate of pay, as follows:

                  Years of Service as of 9/1/11                Bonus Amount

                  5 or greater but less than 10                  $200

                  10 or greater but less than 20                $300

                  20 or greater but less than 30                $400

                  30 or greater                                              $500

  1. New Hires:

Wages: The minimum wage rates required to be paid to New Hires hired on or after the date of ratification are, as follows:

            At Hire:                                    75% of the full regular employee wage rate for those regular employees in the same job classification as the new hire who have been on the College payroll continuously since August 31, 2004.

            After 12 Months:                      80% of the full regular employee wage rate for those regular employees in the same job classification as the new hire who have been on the College payroll continuously since August 31, 2004.

            After 24 Months:                      85% of the full regular employee wage rate for those regular employees in the same job classification as the new hire who have been on the College payroll continuously since August 31, 2004.

            After 30 months:                       90% of the full regular employee wage rate for those regular employees in the same job classification as the new hire who have been on the College payroll continuously since August 31, 2004.

            After 36 Months:                      100% of the full regular employee wage rate for those regular employees in the same job classification as the new hire who have been on the College payroll continuously since August 31, 2004.

Full regular employee wage rates on each March 1 or September 1, as may be applicable, shall be those employee wage rates in effect after making the required adjustments for regular employees who have been on the College payroll continuously since August 31, 2004.

Nothing in Section E of this Article shall result in an employee being paid at a lower rate than he or she was receiving as of the date the Agreement was executed.  Employees hired prior to this signing of this Agreement shall remain in the progression described in the prior Agreement (30 months). 

  1. Night-Shift Differential

Each night-shift employee (an employee who works more than 50% of his or her regularly scheduled shift after 4:00 p.m.) shall receive in addition to his or her regular wage rate, a wage differential of twenty five cents per hour ($0.25).

  1. “Call-In” Pay

Whenever an employee is called in by the College, during any of his or her regular time off to do emergency work or to perform other work which has not been prearranged voluntarily between the College and the employee, he or she shall receive a minimum payment for this work equal to the amount of his or her wages for eight (8) hours at straight time, unless the employee reports to the College during the two hour period immediately prior to the start of his or her normal work shift in which case the employee shall receive a minimum payment for this work equal to four (4) hours at straight time.

  1. Compensation for Work in a Higher Job Classification  

Any employee who works in a job classification which pays more than his or her job classification for more than two (2) hours in any one day shall be paid at the hourly wage rate of that higher classification for time actually worked in that higher classification, subject to the understanding that employees will receive additional compensation for work performed in a higher paying job classification only when (1) work of this kind is approved in advance by the appropriate Director, or the Director's designee and (2) the employee performing the work accepts the job assignment.

Security Article 14: Pension

ARTICLE 14: Pension

  1. Any change or changes in the College's Pension Plan covering the employees, except those changes increasing pension benefits or changes mandated by ERISA, must be agreed to by the Union.
  2. Any employee who retires on or after September 1, 1997, shall receive a pension benefit as provided in the College's Pension Plan which is calculated by using a multiple of 2.15%.
  3. The College agrees that at reasonable times it will consult with any employee to explain the terms of the College's Pension Plan covering the employees.
  4. The College agrees that the employees shall be eligible to participate in the TIAA/CREF Supplemental Retirement Annuity Program to the same extent as all other persons at the College.
  5. Pension Bridge Service:  This provision is available only to an employee who is both (a) eligible to retire within ninety (90) days after the date of execution of this Agreement and who (b) elects to retire early within that same ninety (90) day period.  The “Teachers College, Columbia University Retirement Plan for Non Academic Employees” shall allow any present employee who is not eligible to retire early pursuant to the terms of such Plan only because he or she lacks two years or less in actual service to satisfy that eligibility requirement to retire early as defined in such Plan by being deemed to have the additional service of up to two years to satisfy this eligibility requirement, subject to the understandings that (1) the additional service will not be counted when computing an employee’s actual pension benefit or otherwise and (2) this change will be effective only if it may be implemented legally by an administrative action of the Plan itself without any need for the College or the Plan to amend or take any other legal action.

Security Article 15: Holidays

ARTICLE 15: Holidays

  1. Commencing in the year 2002, the following paid holidays shall be celebrated each year:

New Year's Day

Martin Luther King Day

The Friday of the Academic Spring Vacation

Memorial Day

July Fourth

Labor Day

Thanksgiving Holidays (Thursday and Friday)

Three holidays designated by the College during the Christmas recess

                                Christmas Day

                        Personal Holidays: Any employee hired on or before August 31, 2001, two personal holidays; any employee hired on or after September 1, 2001, one personal holiday after successful completion of probation.

  1. Any holiday falling on a Saturday shall be celebrated on the preceding Friday.  Any holiday falling on a Sunday shall be celebrated on the succeeding Monday.   Notwithstanding the foregoing, holidays shall be observed in accordance with the College's calendar as it may from time to time apply to each holiday but in no event shall this provision be deemed to increase or decrease the number of holidays each year.
  2. Any holiday celebrated during an employee's vacation period shall not be counted as a day of vacation.  The employee, at his or her option, may extend his or her vacation by the number of holidays celebrated during the vacation period.
  3. An employee shall be required to work on a holiday that is celebrated in whole or in part during his or her regularly scheduled Tour of Duty. The employee shall receive one and one half times his or her regular hourly wage for those hours worked on the holiday in addition to his or her holiday pay unless the College and an employee agree that the employee shall be paid at the rate of time and one half for any such holiday work and, in addition, shall receive one hour of compensatory time off for each hour worked on the holiday.  When a Holiday is celebrated by the College on a day which is an employee's regularly scheduled day off, the College shall allow the employee to celebrate the holiday by taking another paid day off at a time which is mutually agreeable to the employee and the College.
  4. An employee whose regularly scheduled Tour of Duty lapses 12 midnight shall celebrate a holiday by not working the Tour of Duty beginning on the holiday ("Holiday Tour of Duty").  He or she shall receive one and one half times his or her hourly wage for those hours worked on the Holiday Tour of Duty in addition to his or her holiday pay unless the College and an employee agree that the employee shall be paid at the rate of time and one half for any such Holiday Tour of Duty work and, in addition, shall receive compensatory time off for the Holiday Tour of Duty work which he or she performed.

F.      1. A request to celebrate a personal holiday must be submitted to an employee’s immediate supervisor at least seventy two (72) hours prior to the start of the shift with respect to which the personal holiday is sort. Any timely request under this provision which is not denied by the college within forty-eight (48) hours from receipt shall be deemed approved. A request shall not be unreasonably denied.

      2.   Approval of a request to take a personal holiday which has been approved or deemed approved as defined above cannot thereafter be revoked except in unusual or unforeseen circumstances.  An employee required to work a Tour of Duty for which a personal holiday has been approved or deemed approved as defined above shall be paid one and one half times his or her regular daily rate for performing the work and shall be given a compensatory day off.

      3.   Personal holidays are not cumulative and must be taken during the vacation plan year: i.e., between July 1 and June 30 ("Vacation Plan Year") in which they are earned.  In the event that an employee fails to take any personal holiday on or before May 1 of the particular Vacation Plan Year in which it is earned, then the College shall assign the day or the days on which those personal holidays shall be taken by any such employee in a manner consistent with the operating needs of the College, but no later than June 30 of the particular Vacation Plan Year.

Security Article 16: Vacation

ARTICLE 16: Vacation 

  1. Vacation credit shall begin to accrue after an employee completes his or her probationary period at which time the employee shall receive vacation credit computed from the day of initial employment.

B.     1. Vacation credit shall accrue to any employee hired before March 2, 1995 upon completion of the probationary period, quarterly, on a pro rata basis, as follows:

Years of Employment                             Vacation Days

 1 and 2                                                10

 3 - 6                                                      15

 7 - 10                                                    22

11 - 24                                                   25

25 years or more                                 1 additional day for each year of service up to a maximum of 5 additional days

 

Upon completion of 24 years of service, each such employee shall receive four (4) additional weeks of  vacation, once only.

2.   Vacation credit shall accrue to any employee hired on or after March 2, 1995 through and including August 31, 2001, upon completion of the probationary period, quarterly, on a pro rata basis, as follows:

Years of Employment                             Vacation Days

 1 and 2                                                10

 3 ‑ 6                                                      15

 7 ‑ 10                                                    22

11 or more                                           25

Upon completion of 24 years of service, each such employee shall receive four (4) additional weeks of vacation, once only.

3.   Any employee hired on or after September 1, 2001, shall accrue vacation credit upon satisfactory completion of probation, quarterly, on a pro rata basis, as follows:

0-2 Years                                             10 Days

3-6 Years                                             15 Days

                                                                                                        7 Years or More                                  20 days

  1. Changes in accrual rates of vacation credit shall be effective at the beginning of the pay period in which the employee's anniversary date of employment occurs.
  2. Vacations of ten (10) days or less shall be scheduled on consecutive work days unless otherwise requested by the employee.  If an employee is entitled to more than ten (1) days of vacation, the number of vacation days in excess of ten (1) may be scheduled by the College in a separate block.  The College shall not unreasonably deny the scheduling of vacations in excess of ten (10) days.
  3. Winter Break (during December and the following January): The College has the right to require any employee to take up to three days of vacation during each Winter Break.  Each year, the College shall make the individual designations in accordance with its operating needs. Each employee on the payroll at the time of ratification of this Agreement shall declare in writing by no later than December 1 of each year whether the vacation days designated by the College in his or her case are not to be charged to paid vacation but as unpaid days off.  If the employee does not make a timely election to have the Winter Break vacation days treated as unpaid days off, then the designated vacation days in his or her case shall be charged as paid vacation days. Days designated by the College as vacation days during a Winter Break may not be charged to Sick Leave under any circumstance.
  4. Any employee may request that the College pay to him or her wages in lieu of taking a third, a fourth or, when applicable, a fifth week of earned vacation which may be granted by the College in its sole and exclusive discretion.
  5. Vacation earned on and before June 30 of each Vacation Plan Year must be taken during the following Vacation Plan Year beginning on July 1.
  6. An employee shall be given his or her vacation pay prior to beginning his or her vacation so long as the employee notifies his or her immediate supervisor at least two (2) weeks prior to the date on which his or her vacation begins and so long as the vacation is in a duration of at least one week (5 work days).  Advance vacation pay shall consist of an amount equal to the number of days of vacation to be taken multiplied by the number of hours in the employee's regular work day (i.e., 8 hours) multiplied by the employee's regular hourly rate in effect at the time the vacation is taken, less required withholdings.
  7. Vacations shall be requested and scheduled in a manner which is reasonably consistent with the operating needs of the College. Vacations properly requested, must be approved or denied within (72) hours not including holidays or weekends, or it will be deemed approved.
  8. Hours counted toward the vacation entitlement schedule shall include all hours worked including paid vacation time, paid personal days, paid holidays, paid jury leave days, paid bereavement days and any days lost to workers compensation according to the following schedule:

Years of Service                                   Length of WC Leave Time During Which Vacation Time May be Accrued

                   Less than 1                                                      none

                   1 or greater but less than 10                        3 months

                   10 or greater but less than 20                      4 months

                   20 or greater                                                     5 months

Security Article 17: Sick Leave

ARTICLE 17: Sick Leave

  1. Sick leave credit shall begin to accrue after an employee completes his or her probationary period at which time the employee shall receive sick leave credit computed from the day of initial employment.
  2. Sick leave credit shall accrue to employees hired through and August 31, 2001, quarterly, on a pro rata basis, as follows:

1.      Any employee hired before March 2, 1995, twelve days per year during the first year of employment; any employee hired on or after March 2, 1995 through and including August 31, 2001, ten days per year during the first year of employment.

2.      Twelve days per year during the second and third years.

3.      Thirteen days per year during the fourth and fifth years.

4.      Fourteen days per year during the sixth and seventh years.

5.      Fifteen days per year during and after the eighth year.

  1. Sick leave credit shall accrue to employees hired on or after September 1, 2001, quarterly, on a pro rata basis, at the rate of ten days per year.
  2. 1. Unused sick leave may be accumulated up to a maximum of fifty 50 working days except that any employee who has thirty years of employment or more can begin to accumulate up to a maximum of 75 working days. 

2.  Any employee who has accumulated the maximum of 50 or 75 days of sick leave, as may be applicable, is entitled thereafter to accrue additional sick leave ("Excess Sick Leave"), subject to the understanding, however, that to the extent the Excess Sick Leave is not used during the Sick Leave Year in which it is accrued, it shall not be accumulated or otherwise counted for any other purpose.

  1. After the first five days of an illness covered by New York State Disability Law, each employee who has accrued and unused sick leave who has six or more years of continuous service shall receive a disability supplement for up to twenty-five weeks for any extended illness covered by New York State's Disability Law ("Covered Disability") by charging the employees accrued and unused sick leave in an amount equal to the difference between the employee's gross pay and seventy-five percent of that amount ("Supplement"), subject to the understanding that any such employee who either has no accrued and unused sick leave during the period of Covered Disability or who exhausts his or her accrued and unused sick leave during the period of Covered Disability shall be eligible to receive the Supplement during the period of Covered Disability in the same way as if he or she had accrued and unused sick leave. 
  2. At retirement, an employee shall receive payment at his or her then current wage rate for all unused accumulated sick leave up to a maximum of fifty (50) days.
  3. Sick leave may be used only for absences due to actual illness of the employee.  Notification of absence due to illness shall be made by telephoning CIC on each scheduled workday that the employee will be absent from work by no later than two (2) hours before the beginning of the employee’s tour of duty.  The College may require any employee to substantiate the event of illness after three (3) or more consecutive days of absence or on the first regular workday before or on the first regular workday after a holiday or if an employee has a pattern of absences.  The College may also require a medical certificate or other similar evidence to substantiate that the employee is physically fit to resume work.   The College also may require substantiation of any event of illness which occurs on the first regular workday before or after an employee's scheduled vacation.  In addition, the College reserves its right to have an employee who is actually working and who appears to be ill to be examined by a physician of its own choosing, without cost to the employee, and this physician may send the employee home.
  4. It is Understood that employees will use sick leave for legitimate illness, however this dos not supersede the provisions of Article 17

Security Article 18: Bereavement

ARTICLE 18: Bereavement

In the event of a death in the immediate family of an employee (parent, grandparent, brother, sister, spouse, child, mother in law, or father in law), the employee shall be granted leave with pay for up to five (5) working days.  A bereavement leave must be taken in consecutive days and within 30 days from the date of the decedent's death.

Security Article 19: Jury Duty

ARTICLE 19:  Jury Duty

Any employee who is called for and serves on jury duty shall receive regular pay.  No deduction shall be made from an employee's sick leave or vacation leave as a result of any absence resulting from jury duty.  Immediately following receipt of a subpoena or other notice to report for jury service, each employee will notify the appropriate supervisor and the Department of Human Resources that a subpoena or notice has been received.  The College may request that the employee be excused from jury duty or that jury duty be postponed if, in its discretion, management believes that the business of the College will be substantially interrupted by the employee's absence.  An employee shall not interfere with the presentation of any request for exemption from or postponement of jury duty, and, whenever practicable, will cooperate with management in connection with obtaining such exemption or postponement.  Any employee not required by applicable law, rule, regulation, or court order who serves on jury duty more than once in any two year period shall be entitled to receive regular pay, as defined above, during the period of jury service connected with the first jury duty only.

Security Article 20: Tuition

ARTICLE 20: Tuition

  1. Employee Tuition Policy

1.      A full-time employee hired on or after September 1, 2004 shall become eligible for the tuition exemption allowance only after the expiration of 6 months from their date of hire.  For all such employees, the allowance shall provide up to 12 credits per year (year is defined as September 1 through August 31) at Teachers College or 9 credits per year at Columbia for employees enrolled in a degree program, subject to the understanding that the employee may not enroll for more than 6 credits during each of the Autumn and Spring semesters and no more than 3 credits in either of the summer terms.  However, point flexibility will apply providing it does not interfere with the efficient operation of the employee's Department and is approved by the applicable Department Head.

2.      A full time employee hired before September 1, 2004 who is admitted to study at the College or enrolled in a degree-granting program at Columbia University shall be eligible to receive a tuition exemption allowance. Such allowance shall provide a total of 15 credits per year at the College or 12 credits per year at Columbia University from September 1 through August 31, subject to the understanding that the employee may not enroll for more than 6 credits during each of the Autumn and Spring semesters and no more than 3 credits in either of the summer terms.  However, point flexibility will apply providing it does not interfere with the efficient operation of the employee's Department and is approved by the applicable Department Head.

a.       Tuition exemption allowance is granted only during the semester of employment and may neither be deferred nor made retroactive.

b.      If the student is continuously employed for less than a full term, the tuition exemption allowance will be prorated.

c.       All except fee based courses and restricted courses listed in the Office of the Registrar and the Business Office are open under tuition exemption.

3.      Procedures for registration under this tuition exemption policy are available in the Personnel Office.

  1. Spouses and Dependent Children Tuition Policy

1.      The unused portion of the employee's tuition exemption allowance during any term may be transferred to the spouse of any employee having five (5) or more consecutive years of full time service, for use at the College only under the same terms which apply to the employee in Section A.

2.      A full time employee who was hired prior to January 18, 1979 and who has completed five (5) or more consecutive years of full time service with the College immediately preceding the filing of the application for the scholarship, is eligible to receive from the College a tuition scholarship for each dependent child formally admitted to a degree program in an accredited institution of higher education on the following basis:

a.       Full tuition scholarship for each dependent child admitted to undergraduate and graduate degree programs at one of the schools of Columbia University.

b.      Full tuition exemption allowance for a dependent child admitted to a degree program at the College.

c.       Tuition scholarship for each dependent child admitted to an undergraduate degree program at an accredited non Columbia institution equal to the cost of the tuition for each academic year or 35% of the basic tuition fee at Columbia College for that academic year, whichever is less, subject to the understanding that if the student is attending a school on a part time basis other than the College or Columbia University, the total amount of the tuition scholarship awarded may not exceed the total dollar amount for which the student would be eligible on a full time basis over a 4 year period.

3.      A full time employee who was hired on or after January 18, 1979 and who has completed five (5) or more consecutive years of full time service with the College immediately preceding the filing of the application for the grant is eligible to receive from the College a partial tuition scholarship for each dependent child formally admitted to an undergraduate degree program at Columbia or at any other non Columbia accredited institution.

a.       The amount of the scholarship at Columbia or at any non Columbia accredited institution will be 35% of the tuition fees at Columbia College, calculated yearly.

b.      If the student is attending school on a part time basis the total amount of the tuition scholarship awarded may not exceed the total dollar amount for which the student would be eligible on a full time basis over a 4 year period.

4.      A full time employee who was hired on or after January 18, 1979 and who has completed five (5) or more consecutive years of full time service with the College immediately preceding the filing of the application for the grant is eligible to receive from the College full tuition exemption for a dependent child enrolled in a graduate degree program at the College.

5.      All except restricted courses at the College and at Columbia University are available under this program.

6.      The phrase "Dependent Child" includes a natural child, a legally adopted child and a dependent stepchild who lives in the same household as the eligible employee and who may be taken as a dependent of the eligible employee pursuant to the provisions of the U.S. Internal Revenue Code.

7.      Procedures for Dependent Children

a.       Applications for a tuition scholarship at Columbia are available in the Department of Human Resources and must be signed by the Director of Human Resources.

b.      Applications for a tuition scholarship for a dependent child attending a non-Columbia institution are available in the Office of Human Resources or the Controller’s Office. The application should be completed and returned to the Controller’s Office together with the bill for tuition.

Security Article 21: Worker's Compensation Claims

ARTICLE 21: Worker’s Compensation Claims

  1. In accordance with applicable law, the College agrees to provide Workers' Compensation protection and agrees to cooperate toward the prompt settlement of employee on the job injury claims.
  2. An employee who is injured on the job and is sent home, to a hospital or who is otherwise required to obtain medical attention, shall receive pay at the employee's regular hourly rate of pay for the balance of the employee's regular Tour of Duty on the day of the injury.  An employee who has returned to work after sustaining a compensable workers' compensation injury but who is required by a workers' compensation doctor to receive additional medical treatment during the employee's regularly scheduled working hours shall not have his or her unused sick leave or, in a case where an employee has no unused sick leave, his or her unused vacation, charged so long as (1) the employee made a reasonable effort to schedule the doctor's visit at a time other than during the employee's regularly scheduled work hours, and the employee furnishes the College with a note from the doctor which sets forth (a) the date of the visit and (b) the nature of the workers' compensation injury for which treatment was sought or (2) the visit to the doctor was required by the College.
  3. When an employee is injured on the job, the College agrees to provide transportation to any such employee from the job to a local medical facility and then transportation to return to work or to the employee's home, as reasonably required.
  4. For an employee who has service of two years or less with the College, the College will advance up to one week of full wages in connection with an injury covered by Workers' Compensation.  In the case of employees who have more than two years of service up to and including 10 years of service, the College will advance up to two weeks of full wages in connection with such an injury.  For employees who have more than 10 years of service up to and including 20 years of service, the College will advance up to three weeks of full wages in connection with such an injury.  For employees who have more than 20 years of service, the College will advance up to four weeks of full wages in connection with an injury.  As to the period for which the employee receives any salary advance, as applicable, he or she will not receive Workers' Compensation payments for such period.  However, if the compensable injury continues beyond the time during which the employee is entitled to payments under this paragraph, then the employee will receive appropriate Workers' Compensation payments from the College's Workers' Compensation Insurance Carrier.

Security Article 22: Uniforms and Other College Property

ARTICLE 22: Uniforms and Other College Property

  1. Uniforms and other required work clothes shall be furnished to employees by the College.  Uniforms and other work clothes, which require cleaning, shall be cleaned solely at the College's expense.  The College shall have the option to use an outside valet service for these purposes, subject to the understanding that each employee may elect to clean his or her uniforms at no cost to the College.  Uniforms and other required work clothes shall be cleaned only when necessary.
  2. It is agreed that in the case of a Public Safety Employee who has completed his or her probationary period, the College shall, at its option, either furnish or reimburse the reasonable cost of the following uniform items:

3 long sleeve shirts

                  -           3 short sleeve shirts

                  -           3 pairs of trousers

                  -           1 uniform blouse jacket

                  -           1 winter jacket

                  -           1 raincoat

                  -           3 ties (clip-ons)

                  -           1 belt

The College agrees to replace the foregoing as is reasonably necessary and agrees to consult with individual employees at a reasonable time about alternatives available to the employee when he or she is selecting replace­ment uni­form pieces.

  1. Each six months of a contract year, the shop steward will furnish the Director of Public Safety a list of the needs of members of the bargaining unit to replace uniform pieces.
  2. Sixty (60) days after the execution of this Agreement and thereafter annually, the College shall disburse to each employee the gross sum of $90 to be used by the employee to purchase a pair of safety shoes in the style deemed in advance to be appropriate by the College.  If there is any disagreement about the appropriateness of the safety shoes selected by an employee, then the College and the President of the Union or the President’s designee shall consult about the matter.
  3. It is understood that all Public Safety Officers are required to be in appropriate uniform at all times (e.g., only plain tee shirts may be worn under the Public Safety Officer's outer shirt) and that any Public Safety Officer who is assigned or is required to be outdoors for an extended period (i.e., for more than ten minutes) shall wear the hat furnished as part of that Public Safety Officer's uniform.

Security Article 23: Leaves of Absence with out Compensation

ARTICLE 23: Leaves of Absence with out Compensation

  1. For good cause shown, a leave of absence without compensation ("unpaid leave") may be granted to an employee for up to a maximum period of three months, subject to the understandings that unless, in its sole and absolute discretion, the College otherwise approves (1) no more than one employee in a job classification may be away from work on an unpaid leave at any one time, (2) no more than a total of two employees may be away on an unpaid leave at any one time, (3) subject to the provisions of subparagraphs (1) and (2) of this paragraph A., decisions concerning priority to take an unpaid leave of absence at any particular time shall be governed in the first instance by bargaining unit seniority and (4) no employee shall be entitled to take a second unpaid leave before another employee who has not taken an unpaid leave but who has applied for one.
  2. Any employee who is planning to take an unpaid leave may make arrangements with the College's Business Office to continue contributions to the Welfare Fund during the period of such leave of absence and, in this connection, the employee shall be required to pay to the College, in advance, an amount equal to the total amount of contributions which the College would be required to make on behalf of the employee if the employee was working during the period of the unpaid leave.  In turn, the College shall make the contributions which it would be required to make, from time to time, to the Welfare Fund on behalf of the employee as if the employee was working during the period of unpaid leave and as would be required by the terms of ARTICLE 13 (WELFARE), subject to the understanding that the Union agrees to indemnify and hold the College harmless against any and all claims, liabilities or other damages deriving from the implementation of this provision of the Agreement.
  3. Notwithstanding the foregoing, the College may reasonably deny any request for an unpaid leave if the absence of an employee would substantially interrupt the operation of the College.
  4. As in the past, during an unpaid leave, an employee shall maintain seniority.
  5. A failure to return from an unpaid leave at the end of the leave and without good cause shall result in immediate discharge.

Security Article 24: Maintenance of Standards

ARTICLE 24: Maintenance of Standards

  1. The College agrees that all terms and conditions of employment in its operation relating to wages, hours of work and overtime differentials shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and such terms and conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere in this Agreement.  It is agreed that the provisions of this Article shall not apply to inadvertent or bona fide errors made by the College or the Union in applying the terms and conditions of this Agreement if such error is corrected within ninety (90) days from the date of the error.  If such error is not corrected within ninety (90) days, such better condition shall remain in effect.  Any disagreement between the Union and the College with respect to this matter shall be subject to the grievance procedure.  This provision does not give the College the right to impose or continue wages, hours or overtime differentials less than those contained in this Agreement.
  2. The College agrees not to enter into any agreement or contract with the employees, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.  Any such agreement shall be null and void.
  3. Any change in job description which require an employee to possess an additional certificate of fitness, or additional licensing that impacts job responsibilities and or liabilities, shall be discussed with the Union in advance. The Union may pursue disagreements over changes proposed by the College by this paragraph, through the grievance process.

Security Article 25: No Strike or Lockout

ARTICLE 25: No Strike or Lockout

  1. For the duration of this Agreement, no employee or Union representative or official shall engage in or encourage any strike, sit down, sit in, slow down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the College.
  2. The College will not directly or indirectly sponsor or engage in any lockouts.

Security Article 26: Grievance and Arbitration Procedures

ARTICLE 26: Grievance and Arbitration Procedures

  1. The College and the Union recognize that it is in their mutual interest to resolve immediately and amicably, at the lowest level and with the least involvement of supervisory authority, any dispute concerning the application, interpretation, effect, purpose or breach of any term or condition of this Agreement which may arise between them.  Therefore, prior to the institution of the formal grievance procedure set forth in Section B of this Article, the College, the Union and/or any employee may seek to resolve any such dispute informally so long as any resolution of the dispute does not violate the terms of this Agreement and, if one of the disputants is an employee, an authorized representative of the Union is given the opportunity to be present, as required by law.
  2.  If any dispute concerning the application, interpretation, effect or breach of any term or condition of this Agreement arises between the College and the Union, the parties shall attempt to settle and adjust the dispute in accordance with the following formal procedures:

Step 1.  The grievance shall be presented in writing by an authorized representative of the Union or the Union steward, to the grievant’s immediate supervisor within thirty (30) calendar days from the date of the occurrence giving rise to the grievance or from the date on which the grievant reasonably should have become aware of the occurrence, whichever is later.  The grievant may be present at this presentation.  A copy of the written grievance shall promptly be delivered by the Union to the Director of Human Resources or his or her designee.  The grievant’s supervisor shall respond to the grievance in writing within ten (10) working days from the day of its presentation.  If the grievance is not satisfactorily settled or withdrawn at Step 1, it shall immediately be subject to the provisions of Step 2.

Step 2.  Within ten (10) working days from receipt of the response required by Step 1, the grievance shall be presented in writing by an authorized representative of the Union to the Department Head of the Department in which the grievant is employed and to the Director of Human Resources or  designee.  The Director of Human Resources or his or her  designee shall respond to the grievance in writing within ten (10) working days from the date of its presentation.

Step 3.  If the grievance is not satisfactorily settled or withdrawn as a result of Steps 1 and 2, within ten (10) working days after receipt of the answer required at Step 2, unless the parties otherwise agree, either party may notice all or part of the grievance for arbitration.  Referral to arbitration shall be by written notice of intention to arbitrate which shall be delivered to the other party and to the appropriate arbitrator on the parties’ agreed-to arbitrator panel.  Such notice of intention to arbitrate shall state, in summary form, the nature of the grievance as well as the provision of this Agreement which allegedly was violated.

The parties maintain a panel of Arbitrators to be assigned to hear arbitrations between the parties on a rotating basis and subject to availability.  Arbitrators shall be selected in alphabetical order.  If the next scheduled arbitrator from the panel is for some reason unable to schedule the arbitration hearing with in reasonable time, the parties may, by mutual agreement, refer the matter to the next arbitrator on the panel.  If at some time the panel falls below six, the parties shall meet to mutually agree on such additional arbitrators as are necessary to restore the panel to six. 

The arbitration shall be conducted under the voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association.  The arbitrator shall have no authority to add to, subtract from, modify or change in any way the provisions of this Agreement.  The arbitrator shall have the full authority to issue an award in a written opinion and make such other rulings as the arbitrator, in his or her sole discretion, shall determine.  The parties may, however, mutually agree to direct that the arbitrator dispense with a written opinion and instead simply issue a written award without a detailed opinion.

In the case of a discharge grievance, the selected arbitrator must be able to schedule the arbitration hearing within ninety days of his/her receipt of the arbitration referral.  If the arbitrator is unable to comply, the next arbitrator will be contacted.  The process will continue until such time as arbitration is able to schedule a hearing date within ninety days.

It is the intent of the parties that all unresolved disputes between them concerning the application, interpretation, purpose or breach of any term or condition of this Agreement may be submitted to arbitration, but that only the College and the Union shall have the authority to compel arbitration of any unresolved grievance.  All necessary expenses of arbitration shall be borne equally by the College and the Union.  The award of the arbitrator shall be final, conclusive and binding on the College, the Union and the employees.

  C. 1. Any grievance made on behalf of the College shall be initiated by the Director of Human Resources or the Director of Human Resources authorized designee by the delivery of a written statement of the grievance to the Shop Steward of the Union or the Shop Steward's authorized designee, and the Union shall respond to the grievance in writing within five (5) working days.

         2. If the grievance is not satisfactorily settled or withdrawn, the College may file a demand for arbitration in accordance with the provisions of Step 3 of paragraph B of this Article.

  1. A grievance involving a discharge or a grievance which the College's representative designated at Step 1 lacks authority to settle may be presented initially at Step 2 by the Union.  The College's representative shall inform the authorized Union representative in the event that the College representative lacks authority to settle the grievance.

Security Article 27: Shop Steward

ARTICLE 27: Shop Steward

A.     The Union shall have the right to appoint one Shop Steward who shall be granted superseniority for any purpose including layoff, rehire, bidding and job preference in accordance with applicable law.

B.      The College acknowledges the Union's reservation of its right to remove the Shop Steward at any time for the good of the Union.

C.     The Shop Steward shall have the right to investigate and discuss grievances with any of the employees and process a grievance with the College.  In the event that the parties are unable to attain an amicable agreement concerning any grievance, the question may be processed through the formal grievance procedure as set forth in Article 26 (GRIEVANCE AND ARBITRATION PROCEDURES) of this Agreement subject to the understanding that the Shop Steward shall have no right to enter into any form or type of agreement with the College, except as authorized by the Union.

D.     The Shop Steward shall have his or her daily working hours reduced by a maximum of one (1) hour with no loss of pay or other benefit when it is necessary to expend time on the administration of this Agreement during the Shop Steward's regular working hours for such reasons including, but not limited to, participation in grievance discussions with representatives of the College.  The Shop Steward may participate in grievance discussions and/or arbitration proceedings as authorized by this Agreement without loss of pay or other benefit.

E.      The Union shall also have the right to appoint Assistant Shop Stewards to administer its internal affairs and concerns subject to the understanding that no such Assistant Shop Steward shall have any rights or standing under this Agreement.

F.      Subject to the provisions of this Article 27 (SHOP STEWARD), if the Shop Steward finds it necessary to pursue activities on behalf of the Union for the purposes set forth in this Agreement, the Shop Steward shall first inform the Shop Steward's immediate supervisor about the purpose of any such activity and obtain permission to leave his assigned job responsibilities, subject to the understanding that such permission shall not be unreasonably withheld.  Any such activity shall not unreasonably interfere with the operations of the College.

Security Article 28: Job Descriptions

ARTICLE 28: Job Descriptions

The College agrees that it will update and make as reasonably complete as possible all job descriptions of the employees as soon as reasonably practicable.

Security Article 29: Safety

ARTICLE 29: Safety

  1. One member from Public Safety and one member from Facilities, designated by the Union shall participate as members of the Campus Safety Committee, in accordance with established College Policy pertaining to such committee as it exists on a regular basis or as needed.  
  2. Under no circumstances will an employee be assigned to engage in any activity involving dangerous conditions of work that would constitute a violation of any applicable statute, court order or government  regulation relating to employee health and safety. 

Security Article 30: Temporary Replacements

ARTICLE 30: Temporary Replacements

A.      The College shall establish a list of qualified persons to work as TEMPORARY REPLACEMENTS who may be employed to perform emergency or nonrecurring work or work of a sporadic nature (e.g., a special project) or in the following circumstances: after a regular employee is absent from work for five (5) continuous days by reason of illness; a disability; an injury covered by Workers Compensation; a vacation or a personal or other leave. 

B.      Temporary Replacements shall be paid at the rate of 80% of the rate for new hires in effect for the job classification in which he or she works at the time of performing the work, but shall be paid no benefits other than those which are legally required.

C.      Temporary Replacements are required to join the Union after working the 60 days as a Temporary Replacement in order to be eligible to work thereafter.

D.      If Temporary Replacements work a sum total cumulatively of more than 100 days during any rolling six (6) month period of time, then the College shall increase Public Safety Officer work force by one position and the College shall fill the position in the same manner as it would any other vacancy. After the bidding process takes place, the Temporary Replacement will be placed in the vacated position after the bargaining unit has bid on the vacated position.  For the purposes of counting days under this provision, one eight (8) hour tour shall equal one day worked.  Absences due to workers compensation, disability and FMLA related to the employees’ own illness are excluded from the “100 day” provision.  Records shall be maintained identifying temporary replacements, which will be made available to the Union upon request, such records shall include dates and shifts worked.

E.       If a Temporary Replacement becomes a regular employee as provided in paragraph D above, then the employee will be given credit for each day worked as a Temporary Replacement towards fulfilling the probationary period requirements of Article 8 (PROBATIONARY PERIOD) and, thereafter, shall have all the protections of this Agreement as any other regular employee similarly situated who is covered by Article 1 (RECOGNITION) of this Agreement.

Security Article 31: Outside Contractors

ARTICLE 31: Outside Contractors

  1. It is agreed in principle that outside contractors shall not be used unreasonably, the intention being that if work is performed by any outside contractor no employee then working for the College shall be laid off as a direct result of contracting out work.
  2. The College agrees to consider using the employees or laid off employees who have recall rights as defined under Article 10 (PROMOTIONS, LAYOFF AND RECALL), for performing work which it would otherwise contract out taking into account factors such as the time it will take to do the work, the availability and ability of the employees or laid off employees to perform such work, the relative cost to the College of having the work performed by either an outside contractor or the employees or laid off employees and the like, subject to the understanding that the College shall have the right to make the final decision as to matters of this kind in the best interests of the College.
  3. Records will be maintained identifying outside contractors, which will be made available to the Union upon request, such records shall include the dates used, and type of work performed. 

Security Article 32: Joint Training Feasibility Study Committee

ARTICLE 32: Joint Training Feasibility Study Committee

  1. The authority to establish a joint College-Union Job Training Feasibility Study Committee consisting of a total of up to three members appointed by the College and a total of up to three members appointed by the Union to study the feasibility of expanding or creating career paths or new job opportunities at the College for the employees shall be continued.
  2. In the case of the Public Safety Employees bargaining unit, when the College decides to identify a candidate to become a Sergeant of Public Safety, the Study Committee also is charged with devising a suitable test setting forth criteria which enables the College to determine which individuals are eligible for the position of "Public Safety Sergeant".  Any proposed test of this sort will be submitted by the Training Study Committee to the College and the Union for approval.  Upon approval, the test will be administered to all in the unit who wish to take it and graded on a "Pass" or "Fail" basis.  The College will assign the most senior member of the Public Safety Employees bargaining unit who receives a grade of "P" to the available Public Safety Sergeant vacancy.

Security Article 33: Family Medical Leave

ARTICLE 33: Family Medical Leave

Except as to the matters covered by the following provisions of this Article, the parties agree to the terms of the Family Medical Leave Act of 1993 ("FMLA") and agree that the College shall have the right to exercise its good faith discretion to select any permissible method of compliance with the terms of the FMLA.

  1. When an employee takes a leave which has been authorized by the employer pursuant to the provisions of the FMLA, the authorized FMLA leave will be charged at the employee's option against either (1) the employee's earned and unused paid applicable leave entitlements (e.g., sick leave, vacation, personal leave, etc.) which the employee has earned at the time or times of taking the authorized FMLA leave, if any, or (2) any unused and unpaid authorized FMLA to which the employee is entitled at that time or times
  2. When it is necessary to select a health care provider to render a third opinion as provided by the FMLA, the selection will be made jointly by the College and the Union from a list of specialists.

Security Article 34: Management Employees

ARTICLE 34: Management Employees

Management shall be permitted to perform work which is recognized as work of the employees, only in case of emergency, or when giving instruction, or in cases when absenteeism of employees is higher than the average rate, or in cases where the work being performed is casual or incidental in nature, it being the express intention of the parties that Management may not routinely perform work which is recognized as work of the employees.

Security Article 35: Exchange of Information

ARTICLE 35: Exchange of Information

  1. The College and the Union agree to consider and to acknowledge receipt of all requests for information properly submitted by one to the other.  A request for information submitted in writing shall be acknowledged in writing.  This Section of this Article shall not require the College or the Union to furnish any information requested.
  2. The College agrees to furnish to the Union the names of newly hired employees, their addresses, social security numbers, classifications of work and dates of hire within thirty (30) calendar days of the date of employment and notice of all changes in the employment status of members of the bargaining unit within thirty (30) calendar days of the date of the change (e.g., termination, leave of absence).
  3. All written communications from the College to the Union shall be sent to the Union.  All written communications from the Union to the College shall be sent to the Director of Human Resources.
  4. The employees shall have access to his/her discipline file, and may be reviewed on his/her request, at a time convenient to the College.  
  5. Employees will not engage in activities that constitute conflicts of Interest or conflicts of time commitment with respect to their positions at the College.

Security Article 36: Inspection of Records

ARTICLE 36: Inspection of Records

An authorized representative of the Union shall have reasonable access to pay, time, health, welfare, pension fund or other records of the College as is reasonably necessary for the Union to properly administer this Agreement.

Security Article 37: Interest Succession

ARTICLE 37: Interest Succession

All of the terms and conditions of this Agreement shall be binding upon and inure to the benefit of each of the parties to this Agreement and their respective successors and assigns.

Security Article 38: Separability

ARTICLE 38: Separability

If for any reason any provision of this Agreement is determined or declared to be illegal, void or otherwise unenforceable, all of the other terms, conditions and provisions of this Agreement shall remain in full force and effect.

Security Article 39: Child Care Subsidy

ARTICLE 39: Child Care Subsidy  

The College agrees to make $7,500 available during each of the following four periods (the “subsidy periods”) of the Agreement:  March 1, 2008 through February 28, 2009; March 1, 2009 through February 28, 2010; March 1, 2010 through February 28, 2011; and March 1, 2011 through August 31, 2012).  The money to made available during the subsidy period is to be distributed as a child care subsidy to eligible employees with dependent children who are twelve years of age and under, in accordance with the following rules:

  1. ELIGIBILITY

(a) The definition of a “dependent child” is as follows:  a “dependent child” includes a natural child or a legally adopted child, or a dependent child who lives in the same household as the eligible employee and who may be taken as a dependent of the eligible employee pursuant to the provisions of the U.S. Internal Revenue Code.  In order to verify dependency status, the College will request, as part of the application process, that employees provide documentary proof for each child for whom an employee seeks a subsidy payment.  The proof required by the College may include, but not be limited to, a copy of the employee’s tax return for the prior year evidencing that the child was claimed by the employee as a dependent, a certified or original birth certificate, adoption order or other legal documentation evidencing dependency status.  An affidavit from the employee shall be insufficient to establish dependency status.  An employee who is a parent of a natural child or legally adopted child shall not be required to prove that the child was claimed as a dependent for tax purposes, provided that the employee can demonstrate parental status through a certified or original birth certificate or original adoption order.      

          (b) In addition, in order to be eligible for a child care payment in a given subsidy period pursuant to this Article:

(i)   an employee must have been employed by the College by the March 1 preceding the application deadline (see Section 3(a), below) and must be employed at the College as of the date of disbursement pursuant to this Article (i.e., on or about December 15); and,

(ii)    if an employee is seeking a child care payment for a newborn child or newly adopted child, the child must have been born or adopted, whichever is applicable, by the application deadline (see Section 3(a), below); and

                                       (iii) a child for whom a payment is sought must not have reached the age of 13 by the application deadline.

A.     PAYMENT AMOUNTS

1.      Employees shall receive no more than $500 per eligible child each subsidy period, up to a maximum of $1,000 per family per subsidy period.  Except as is provided in Section 2(b), below, as long as a child and / or employee is eligible pursuant to Section 1, the employee shall receive a full payment for that child, irrespective of when the child became eligible.  For example, if a child of an employee is born on October 14 (the day prior to the application deadline), the employee shall receive a full payment for that child for the subsidy period.

2.      In the event that the number of eligible employees and / or children renders the $7,500 per subsidy period allocation (or a greater amount, if applicable, pursuant to Paragraph 2(c)) insufficient to permit the payments contemplated in Section 2(a), the College shall proportionally reduce the amount of the subsidy awarded to each employee by an appropriate percentage to ensure that the overall payment to employees does not exceed the applicable cap.

3.      In the event that the number of eligible employees and/or children is such that the $7,500 per subsidy period allocation is not exhausted, the College shall proportionally increase the amount of the subsidy awarded to each eligible employee by an appropriate percentage, provided however that no family shall be entitled to receive more than $1,250 per subsidy period.  In the event that any excess amounts remain following any necessary proportional increase, no more than $1,250 of that excess amount shall roll over to the following subsidy period.  In no subsidy period shall the amount available as a child care subsidy exceed 10,000.   

B.     PROCEDURE

1.      A completed application for a subsidy payment, which must include the provision of any required documentation (see Section 1(a), above), must be received by the College’s Office of Human Resources no later than October 15 of each subsidy period.  Applications received by the College’s Office of Human Resources after October 15 will not be considered.

2.       The application form will be prepared by the College and shall be provided to the Union and to all employees via the College’s internal mail on or about August 15 of each subsidy period.  Additional copies of the application form also will be available to employees in the College’s Office of Human Resources and on line.

3.      At a minimum, in addition to the documentation required in accordance with Section 1(a), above, the application form will require employees to provide the following information:  name, social security number, College box number, College telephone extension, College department, hire date, home address, home phone number, the names, ages and a statement of the relationship of any child for whom a payment is sought to the employee.  The employee also will be required to sign verification that the child or children for whom compensation is sought are in fact dependents of the employee.

4.      The College will review the applications and make eligibility determinations.  Payments shall be made by the College to eligible employees on or about December 15 of each subsidy period. 

5.      On the date the payments are distributed to eligible employees, the College shall provide the union with a written report which states the names of employees who received a child care payment, the amount of the payment for each employee and the total amount distributed to employees.

6.      The provisions of this Article shall apply for the contract effective March 1, 2008.

                      (g) All child Care benefits shall be paid to the employee on their regular payroll check, and the cap and benefit will be raised 1.8% above the agreed upon benefit.         

Security Article 40: Term Of Agreement

 ARTICLE 40: Term Of Agreement

  1. Except as otherwise specifically provided herein, this Agreement shall be effective as of the date first written above, and shall continue in full force and effect until August 31, 2012. 
  2. The College and the Union agree to enter into negotiations for a new agreement not later than the 60th day immediately preceding the date of termination of this Agreement.

 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the first day written above.

By:

TEACHERS COLLEGE 
                                 
Harvey Spector, Vice President, Finance & Administration                                     
 
HIGHWAY AND LOCAL MOTOR FREIGHT
 
DRIVERS, DOCKMEN AND HELPERS
 
LOCAL UNION 707 I.B.T.
 
Kevin McCaffrey, President
 
Stephen Laurenzi

Unions