2015-2017 Contract

ARTICLE I

AGREEMENT

Section 1. Parties. This Agreement is entered into effective this 1st day of July 2015, between the Board of Regents, State of Iowa (hereinafter called the Employer) and the United Electrical, Radio and Machine Workers of America, Local 896 (COGS) (herein called the Union).

Section 2. Purpose. The purpose of this Agreement is to set forth the salaries, hours of work, benefits and other terms and conditions of employment for graduate assistant bargaining unit members at the University of Iowa.

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ARTICLE II

UNION RECOGNITION

Section 1. Recognition. The Employer recognizes UE as the sole and exclusive bargaining agent for all employees as certified by the Iowa State Public Employee Relations Board on May 6, 1996 in case 5463 excluding all supervisors, managerial, and confidential employees, for the purpose of collective bargaining with respect to rates of pay, hours and other mandatory subjects of bargaining and those permissive subjects of bargaining which the parties have agreed upon herein, consistent with Iowa law.

Section 2. Appropriate Unit. The exclusive bargaining representative shall represent all of the employees in the bargaining unit as described in the Order of Certification by the Iowa Public Employment Relations Board, Case No. 5463, dated May 6, 1996 as follows:

Including: All currently enrolled graduate and professional students with a 25% or more appointment (i.e., teaching at least one course and/or providing service for at least 10 hours a week) employed as: Teaching Assistants (FT19), Research Assistants (FR19) or Law Research Assistants (FL19), who provide services to the University in exchange for salary compensation.

Excluding: 1. Research Assistants (FR19 or FL19) whose appointments are (a) primarily a means of financial aid which do not require the individuals to provide services to the University, or (b) which are primarily intended as learning experiences which contribute to the students’ progress toward their graduate or professional program of study or (c) for which the students receive academic credit. 2. Graduate students appointed on federal training grants or federal fellowships. 3. Graduate students appointed as Fellows, (FT52), if they are not providing services as Teaching Assistants (FT19), Research Assistants (FR19 or FL19) except as provided in paragraph 1 above. 4. Other graduate students holding any University appointments not specified in the “inclusions” above. 5. Employees included in any other bargaining unit. 6. Confidential or supervisory employees and all others excluded by the Act.

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ARTICLE III

DUES DEDUCTION

Section 1. Check-Off. During the term of this agreement, the employer agrees to deduct regular union dues on a monthly basis, in  with the Constitution and By Laws of the Local Union, from the salary of each employee who authorizes such deduction in writing in accordance with the following CHECK OFF AUTHORIZATION:

CHECK-OFF AUTHORIZATION

To: (Name of Employer)Date_(Effective Date)__

I authorize and direct you to deduct from my first pay of each month, while I am employed by the Employer in the Unit covered by the collective bargaining agreement, and irrespective of my membership status in the Union, an amount equal to UE membership dues, and an initiation fee as designated by the Union, and to promptly remit the same to UE Local 896, United Electrical, Radio & Machine Workers of America (UE). I understand that membership and the periodic payment of dues are not a condition of employment.

This assignment and authorization shall continue until revoked and cannot be revoked for a period of one (1) year from the date appearing above or until the expiration date of the current collective bargaining agreement between the Employer and the Union, whichever comes sooner, and shall be irrevocable for each succeeding year thereafter unless it is revoked by me within the ten (10) days preceding the end of any such period of irrevocability. Such notice of revocation shall become effective respecting the dues for the month following the month in which such written notice is given.

Revocation shall be effective only if I give you and UE Local 896, United Electrical Radio & Machine Workers of America (UE) written notice, and it is received or postmarked during the period specified above.

(Employee’s Signature) (Department/Work-Site)

Section 2. Monthly Dues Report and Remission. The Employer shall remit the amount of dues so deducted to the Financial Officer of UE Local 896 on a monthly basis, along with a report listing the names of all individuals from whom it deducted dues. No other employee organization shall be granted or allowed to maintain payroll deduction for employees covered by this Agreement.

Section 3. Indemnification. The Union will indemnify and save the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of any action taken or not taken by the Employer for the purpose of complying with the provisions of this Article.

Section 4. Iowa Law. An employee’s dues deduction shall be terminable according to the provisions of Section 70A.19, Code of Iowa, 1993.

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ARTICLE IV

Public Employer Rights

Section 1. Management Rights. The parties recognize that consistent with Section 20.7, Code of Iowa and this Agreement, the Employer will have, in addition to all powers, duties and rights established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and right to:

1. Direct the work of its employees.
2. Hire, promote, demote, transfer, assign and retain employees in positions within its authority.
3. Suspend, discipline or discharge employees for proper cause.
4. Maintain the efficiency of University operations.
5. Relieve employees from duties because of lack of work or for other legitimate reasons.
6. Determine and implement methods, means, assignments and personnel by which the Employer’s operations are to be conducted.
7. Take such actions as may be necessary to carry out the mission of the Employer.
8. Initiate, prepare, certify and administer its budget.
9. Exercise all powers and duties granted to the public employer by law.

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ARTICLE V

Employee and Union Rights

Section 1. Bargaining Unit Information.

(A) On a monthly basis, the Employer will provide the Union with a listing of public directory information regarding employees to include the employee’s name, local address, local phone, work address, work phone and work email.

(B) Where individuals have requested that local address and phone be restricted, the Employer will not list local address or phone, unless permission is granted by the employee.

(C) In addition, on a monthly basis, the employer will provide the Union with a listing of employee salary rates expressed as both appointed and monthly amounts, with job classification, department of appointment, percent of appointment expressed as standard hours and pay basis.

(D)  When authorized by the individual employee, the Employer will also provide the Union with the information described in (A) and (C) above in a combined format.  Employees will be directed by the Employer to respond to the authorization option.

(E) Additionally, on the first day of classes of each semester and summer term, the Employer shall provide the Union with a listing of all bargaining unit employees as described in (A) above.

Section 2. Bulletin Boards. The Union will be allowed to utilize one-half (1/2) of the space on existing bulletin boards, where available, that are used solely for the posting of information to employees in the bargaining unit. This provision will not apply to bulletin boards customarily used for the posting of notices to students or other groups of employees.

(A) Where existing bulletin boards are not available in any department employing twelve or more covered employees, the University will provide a bulletin board, to be installed in an appropriate location by the Employer, adjacent of existing bulletin boards whenever possible, and the Union will be allowed to utilize one-half (1/2) of the space in accordance with (A) above.

(B) No political campaign literature or material detrimental to the Employer or Union or any other inappropriate material will be posted. The Union is responsible for the content of postings on designated Union bulletin boards.

Section 3. Printing and Distribution of the Agreement. The Employer will provide the Union with 3500 printed copies of the Agreement by July 1, 2011. The Union will distribute copies to its representatives and members. The Employer and the Union shall also make the contract available via the web.

Section 4. New Employee Orientation. (A) The Employer agrees to offer a general orientation program for bargaining unit employees, as a forum to present general policy information, information on insurance and information on other matters of common interest to bargaining unit employees.  Participation in such orientation sessions by employees will be voluntary.  The Employer will schedule such orientation sessions at the beginning of the fall semester and give advance notice to the Union.  The Employer reserves the right to recognize the State of Iowa’s right to work policy, as reflected in Chapter 20 of the Iowa Code, in its presentation; however, the forum will not be used to criticize any actions or policies of the Union.

(B) The Union will be provided up to thirty (30) minutes preceding the Employer orientation program to present information to employees about the Union, as reflected in the published program outline. Employee participation in this segment of the program is also voluntary. This presentation will be made by a representative of the Union. Such presentations will not be used as a forum to criticize any actions or policies of the Employer, or to conduct any political activity.

(C) Representatives of the Employer and the Union may observe the orientation presentations in order to evaluate the effectiveness of this program and assure full compliance with this section.

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ARTICLE VI

Appointments

Section 1. Letters of Appointment.

(A) All newly appointed employees shall receive a letter of appointment that specifies the appointment title and the appointment percentage. Such appointment letter shall also include the effective dates, salary, teaching or work schedule, name and contact information of a tentative supervisor, and notification that health insurance is available and has deadlines for enrollment.  The letter will also indicate that the University Benefits Office may be contacted for additional information regarding benefits associated with the appointment.

(B) Reappointed employees shall receive a letter of appointment no later than April 15 for the summer session and fall semester, or prior to November 1 preceding the spring semester, which specifies the appointment percentage. Such letters may be provided earlier if the terms of the appointment are known.  For appointments which become available after April 15 or November 1, the employee will be notified in writing as soon as is feasible. Such appointment letter shall also include the effective dates, salary, teaching or work schedule, Name and contact information of a tentative supervisor, and notification that health insurance is available and has deadlines for enrollment.  The letter will also indicate that the University Benefits Office may be contacted for additional information regarding benefits associated with the appointment.  If the department has previously committed to provide financial support over a period of time, the commitment shall be honored consistent with any appointment renewal guidelines in effect in the department.

(C) The letter of appointment shall include the following statement: The terms and conditions of employment, including but not limited to wages and benefits, in this position are governed by a collective bargaining agreement between the Board of Regents, State of Iowa and UE Local 896/COGS, the union representing graduate teaching and research assistants at the University of Iowa. Copies of this collective bargaining agreement are available from the Union and may be viewed either from the University web site:

http://www.uiowa.edu/hr/relations/Cogs/cogs.pdf

or from the Union web site:

http://www.cogs.org

(D) Teaching assistants will be informed of their specific course assignments as soon as determined by the appointing department.

Section 2. Appointment Postings. Departments and programs seeking to employ graduate assistants will post opportunities on the web site maintained by the Employer for the purpose of giving graduate assistants access to such postings:

http://www.grad.uiowa.edu

No posting is required for appointments of less than 25% time, or if the position is intended for a returning graduate assistant or part of a recruitment package, consistent with any departmental guidelines that may exist for reappointment. For appointments required to be posted, each department or program shall post the appointments no later than March 1 for fall semester and summer session appointments, and no later than October 1 for spring semester appointments. Appointments that become available at different times shall be posted as they become known. Appointment postings will remain on the website until the position is filled. Each posting shall include:

(A) The process by which graduate students may apply for teaching and research assistant appointments in the department.

(B) Information will also include a brief description of the anticipated duties, probable number of teaching or research appointments, course titles for teaching assignments, percentage of appointment, and qualifications required by the employer for appointment.

(C) Information provided will also include the application deadline and the name or location of an office where inquiries or applications may be made.

(D) The posting of graduate assistant employment opportunities shall include the following statement: The terms and conditions of employment, including but not limited to wages and benefits, in this position are governed by a collective bargaining agreement between the Board of Regents, State of Iowa, and UE Local 896/COGS, the union representing graduate teaching and research assistants at the University of Iowa. Copies of this collective bargaining agreement are available from the Union and may be viewed either from the University web site:

http://www.uiowa.edu/hr/relations/Cogs/cogs.pdf

or from the Union web site:

http://www.cogs.org

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ARTICLE VII

Hours of Work

Section 1. Hours of Work/Percentage of Appointment as Employees. (A) Employees’ hours of work are reflected in their percentage of appointment. Such hours of work are separate and distinct from the requirements imposed by academic programs in which employees are enrolled as students.

(B) It is understood that employees in this bargaining unit are engaged in professional activities of such a nature that the output produced, or the result accomplished, cannot be precisely standardized or measured in relation to a given period of time and that the time necessary to accomplish an assignment will vary.

(C) The appointment level shall be based on the appointing department’s determination of the amount of time it should normally take to perform the assigned duties including orientation and training. Satisfactory performance of these duties shall not ordinarily require an effort exceeding the amounts listed below for standard appointments. However, the average number of hours per week over the course of a full appointment period as described herein, is an estimate rather than an exact time specification as illustrated below: