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THIS AGREEMENT IS ENTERED INTO
BY AND BETWEEN THE Board of Trustees of
Montgomery Community College (the "Board")
and the Montgomery College Staff Union of the
American Federation of State, County and
Municipal Employees, AFL-CIO, Local 2380 of
Council 67, Maryland Public ("the
Union").
ARTICLE 1 - RECOGNITION OF
UNION
Section 1.1 - Management
Defined.
Whenever used in this Agreement,
the term "Management" shall mean the Board
and/or the College personnel designated by
the Board to implement and administer the
Board's policies.
Section 1.2 - Exclusive
Representative.
The Board recognizes the Union
as the exclusive representative of the
employees defined in Section 1.3(A) of this
Article, for the purpose of collective
bargaining as defined in Section 16-412(a)(4)
of the Education Code of Maryland (the "Act').
Section 1.3 - Employee
Defined.
(A) Employees in the
Bargaining Unit.
Whenever used in this
Agreement, the term "employee" shall mean
nonprofessional administrative,
maintenance, housekeeping, clerical, and
technical employees with the job titles
set forth in Appendix One, but excluding
all employees directly involved in the
determination of policy, supervisors and
confidential employees, as defined in
Section 16-412(A)(6) and (17) of the Act;
employees whose salaries are funded from
grants and not from revenues generally
available at the present time to all
community colleges pursuant to Title 16
of the Education Article of the Annotated
Code of Maryland; faculty and other
professional employees; lead workers;
temporary employees; security employees;
senior administrative aides, network
engineering specialists, computer support
specialists, student assistants;
employees regularly scheduled to work
less than twenty (20) hours a week, and
all other employees. Management and the
Union agree to the formation of an
informal committee consisting of three
(3) members of Management and three (3)
members of the Union that may meet twice
annually for the purpose of discussing
whether newly created positions and /or
existing positions at the College should
be included or excluded from the
bargaining unit.
(B) Regular Part-Time
Employees.
Employees who are regularly
scheduled to work at least twenty (20)
hours but fewer than forty (40) hours in
a work week are regular part-time
employees, and are provided certain
benefits available under Articles 7,8,9,
and 11 of this Agreement on a pro-rated
basis, calculated based upon the
proportion that their work week is to a
forty (40) hour work week.
Section 1.4 - Gender
References.
References to "his" or "her" in
this Agreement shall be read without regard
to gender.
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ARTICLE 2 - MANAGEMENT
FUNCTIONS
The parties agree that
Management has the obligation and authority
to direct and control the mission and work of
the College. To that end, all management
rights and prerogatives, written or
unwritten, which are not expressly limited,
modified, or restricted by the text of this
Agreement, are retained exclusively by
Management and may be exercised by Management
at its sole discretion. These management
rights and prerogatives include, but are not
limited to, all rights and prerogatives
granted by applicable law; the right to
generally determine and effect the mission of
Montgomery College; to determine the academic
calendar, including the number and dates of
work days for employees, and the commencement
and ending of each work day; to expand,
reduce, alter,combine, transfer, or terminate
any position(s), department(s), program(s),
or service(s); to allocate and expend funds
and determine financial policies and
procedures of Montgomery College; to control,
regulate, and determine the use and location
of all Montgomery College facilities,
including campuses, machinery, equipment,
buildings, other property, and support
services; to set the standards of
productivity, the services to be rendered and
functions to be performed; to initiate,
design, develop, adopt, modify, delete,
approve, schedule, and authorize all programs
to be offered by Montgomery College; to
determine the size and composition of the
work force; to introduce new or improved
research and operational methods; to evaluate
applicants and select individuals for
employment; to evaluate employees for
purposes of salary increases, retirement,
classification, promotion, demotion,
transfer, layoffs and recall; to determine
program content; to assign work; to determine
qualifications of employees; to grant regular
status to probationary employees; to
discipline and discharge employees for just
cause; to grant salary increases and to
retire, classify, promote, demote, transfer,
lay off and recall employees; to recognize
employees for outstanding service and special
contributions to Montgomery College; to
subcontract or use independent contractors in
fulfilling the mission of Montgomery College
and in undertaking any and all functions or
activities for which Management might
otherwise use personnel employed by
Montgomery College; to establish, modify and
enforce policies, rules, regulations,
procedures, and standards not in conflict
with an express provision of this Agreement;
and, in all other respects, to plan, manage,
evaluate, administer, govern, organize,
control, and direct Montgomery College, its
operations and personnel. Management, in not
exercising any function reserved to it in this Article
2, or in exercising any such function in a particular way,
shall not be
deemed to have waived its right to exercise
such function or preclude Management from
exercising the same in some other
way.
ARTICLE 2A -
NON-DISCRIMINATION
Management and the Union shall
comply with the provisions of all applicable
laws forbidding discrimination against or in
favor of any employee on account of race,
color, creed, national origin, disability,
religion, sex, sexual orientation, age, or
union membership. Notwithstanding any other
provision of this agreement, Management shall
have the right to take all actions necessary
to comply with disability law, including but
not limited to the authority to take actions
deemed by the Management to be necessary to
effect reasonable accommodations. Alleged
violations of this Article 2A shall not be
subject to the Grievance Procedure of Article
3, but shall be handled in accordance with
the procedures of the College's Office of
Equity and Diversity.
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ARTICLE 3 - GRIEVANCE
PROCEDURE
Section 3.1 - Standard
Procedure.
(A) Definition of
Grievance.
A "grievance" is an
allegation by an employee that Management
has violated an express provision of this
Agreement and that such employee has been
personally aggrieved thereby.
(B)
Procedures.
An employee shall attempt to
resolve any potential grievance
informally with his or her immediate
supervisor prior to initiating the formal
grievance procedure. The failure of an
employee to attempt to resolve a
grievance informally shall be sufficient
reason for the denial of a formal
grievance. If a grievance cannot be
resolved through informal discussion with
an immediate supervisor or department
chairperson it shall be processed as
follows, except that a grievance based
upon suspension or a recommendation for
discharge shall be handled pursuant to
Section 3.1(D) below.
Step
1.
Within ten (10) days of
the event giving rise to the
grievance or after the employee
reasonably should have known of the
event giving rise to the grievance,
the aggrieved employee may submit a
written grievance to the next level
supervisor (e.g., campus director or
dean) in the employee's chain of
command, with a copy to the Chief
Human Resources Officer and the
Union. This supervisor shall schedule
a meeting with the employee to be
held within ten (10) days of receipt
of the written grievance. The
supervisor shall submit a written
answer to the aggrieved employee
within ten (10) days of such meeting,
and provide a copy of the answer to
the Chief Human Resources Officer and
the Union.
Step
2.
In the event the
grievance is not satisfactorily
adjusted at Step 1, the aggrieved
employee, within ten (10) days after
receipt of the Step 1 answer, may
submit a written appeal of the Step 1
answer to the College-wide director
or Provost in the employee's chain of
command, or his or her designee, with
a copy to the Chief Human Resources
Officer and the Union. The director,
Provost, or designee shall schedule a
meeting with the aggrieved employee
to be held not more than fourteen
(14) days after receipt of the Step 2
appeal. The director, Provost, or
designee shall submit a written
answer to the aggrieved employee
within fourteen (14) days after the
Step 2 meeting, with a copy to the
Chief Human Resources Officer and the
Union.
Step
3.
In the event that the
grievance is not satisfactorily
adjusted at Step 2, the aggrieved
employee, within ten (10) days after
receipt of the Step 2 answer, may
submit a written grievance appeal to
the Chief Human Resources Officer or
the Chief Human Resources Officer's
designee, with a copy to the Union.
The Chief Human Resources Officer or
the Chief Human Resources Officer's
designee shall schedule a meeting
with the aggrieved employee to be
held not later than fourteen (14)
days after receipt of the Step 3
appeal. The Chief Human Resources
Officer or the Chief Human Resources
Officer's designee shall submit a
written answer to the aggrieved
employee within fourteen (14) days of
such meeting, with a copy to the
Union.
(C) Written
Presentation.
Any grievance presented at
Steps 1 through 3 of this Section 3.1
shall be in writing on a form provided by
Management, shall be signed by the
aggrieved employee, shall set forth the
specific provisions of the Agreement
alleged to have been violated, and shall
set forth the specific relief sought by
the aggrieved employee, or the grievance
shall be deemed to have been
waived.
(D) Procedure in Cases
of Suspension or
Discharge.
An employee recommended for
suspension without pay or discharge shall
receive written notice of the basis for
the suspension or discharge, the evidence
against him or her, and the opportunity
to present his or her side to the
suspending authority. A grievance
regarding a suspension without pay or
discharge shall be filed with the Chief
Human Resources Officer within ten (10)
days of the date of suspension or
discharge. The Chief Human Resources
Officer or the Chief Human Resources
Officer's designee shall process the
grievance at Step 3 of the grievance
procedure.
(E) Union
Representation.
(1) Copies of
Written Grievances.
Upon receipt of a
written grievance or written appeal
submitted by an employee in
accordance with the procedure set
forth in Steps 1 through 3 of this
Section 3.1, Management shall furnish
a copy of same to the Union
President. A copy of any written
answer of Management under Steps 1
through 3 of this Section 3.1 shall
be forwarded to the Union President
simultaneously with its submission to
the aggrieved employee.
(2)
Representation at Grievance
Meetings.
An employee may be
represented at the meetings held
pursuant to the procedures set forth
in this Section 3.1 by the Union
president or a shop steward
designated by the Union unless the
aggrieved employee objects or wishes
to represent himself or
herself.
Section 3.2 - Arbitration
in Cases of Suspension, Discharge, Layoff and
Recall.
(A) Election of
Arbitration.
This Section 3.2 applies
solely to cases of suspension without pay
and discharge under Section 3.6 of this
Agreement, and to cases of layoff and
recall under Section 4.8 of this
Agreement. In such cases the Union, with
the written concurrence of the aggrieved
employee, may submit a grievance which
has been properly processed through the
procedure set forth in Section 3.1 of
this Article to final and binding
arbitration. The election of arbitration
shall be made by submitting written
notice of such intent, signed by both the
aggrieved employee and the Union
president, to the Chief Human Resources
Officer or the Chief Human Resources
Officer's designee within fifteen (15)
days after receipt of the answer at Step
3 of Section 3.1(B) of this
Article.
(B) Selection of
Arbitrator.
Management and the Union
agree to maintain at all times, a panel
of three (3) named arbitrators, one (1)
of whom shall be appointed to hear each
grievance that is appealed to arbitration
pursuant to Section 3.2(A) of this
Agreement. Rotation of arbitration cases
among such arbitrators shall be in
alphabetical order by the arbitrator's
last name. As of the effective date of
this Agreement, Management and the Union
have selected Homer Larue, Joseph M.
Sharnoff, and Andrew Strongin as members
of said panel. If one such arbitrator is
no longer able to serve, Management and
the Union shall immediately name a
replacement arbitrator. The replacement
arbitrator shall assume the order in the
rotation held by the arbitrator that he
or she is replacing. Except in the case
of the voluntary resignation of a named
arbitrator, no arbitrator may be removed
by Management or the Union, except by
mutual agreement of Management and the
Union, or for cause. If Management or the
Union appeals the decision and award of
an arbitrator to a court of appropriate
jurisdiction, that arbitrator shall be
suspended from appointments under this
Agreement pending such appeal and shall
be removed if the decision and award is
not upheld in full.
(C) Jurisdiction of
Arbitrator.
The jurisdiction and
authority of the arbitrator of the
grievance and the opinion and award of
the arbitrator shall be confined
exclusively to the interpretation and/or
application of the express provision or
provisions of this Agreement at issue
between the Union and Management. The
arbitrator shall have no authority to add
to, detract from, alter, amend, or modify
any provisions of this Agreement or
impose on either party hereto a
limitation or obligation not explicitly
provided for in this Agreement; to
establish or alter any wage rate or wage
structure; or to consider any term or
condition of employment or any other
matter not expressly set forth within a
provision of this Agreement. The
arbitrator shall not hear or decide more
than one grievance at one time without
the mutual consent of Management and the
Union. The opinion and award of the
arbitrator on the merits of any grievance
adjudicated within his or her
jurisdiction and authority, as specified
in this Agreement, shall be served on
both parties.
(D) Fees and Expenses
of Arbitration.
The fees and expenses of the
arbitrator shall be shared equally by the
parties.
Section 3.3 - Advisory
Arbitration in Matters Other than Suspension,
Discharge, Layoff
and Recall.
(A) Election of
Advisory Arbitration.
This Section 3.3 applies to
cases other than cases of suspension
without pay and discharge under Section
3.6 of this Agreement, and layoff and
recall under Section 4.8 of this
Agreement. In cases arising under this
Section 3.3, the Union, with the written
concurrence of the aggrieved employee,
may elect to submit a grievance which has
been properly processed through the
procedure set forth in Section 3.1 of
this Article to advisory arbitration.
Written notice of intent to proceed to
advisory arbitration, signed by both the
aggrieved employee and the Union
president, shall be submitted to the
Chief Human Resources Officer or the
Chief Human Resources Officer's designee,
within fifteen (15) days after receipt of
the answer at Step 3 of Section 3.1 of
this Article.
(B) Advisory
Arbitrator Selection
Committee.
Within ten (10) days after
notice of intent to submit to advisory
arbitration as provided in Section 3.3(A)
of this Article, Management and the Union
shall refer the grievance to an Advisory
Arbitrator Selection Committee consisting
of one member appointed by Management and
one member appointed by the
Union.
(C) Selection of
Advisory Arbitrator.
The members of the
Arbitrator Selection Committee
established as provided in Section 3.3(B)
of this Article shall meet as soon as
possible, at their mutual convenience, to
attempt to settle the grievance. If they
are unable to reach a settlement, they
shall select an impartial arbitrator. If
they are unable to agree upon a choice
within ten (10) days after such meeting,
they shall jointly request the American
Arbitration Association to furnish a list
of not less than seven (7) qualified and
impartial arbitrators, one of whom shall
be designated by the Advisory Arbitrator
Selection Committee to act as advisory
arbitrator of the grievance. Selection
shall be made by the Committee members
alternately striking any name from the
list until only one name remains. The
individual whose name remains shall be
the advisory arbitrator of the
grievance.
(D) Jurisdiction of
Advisory Arbitrator.
The jurisdiction and
authority of the advisory arbitrator of
the grievance and the opinion and
recommendation of the advisory arbitrator
shall be confined exclusively to the
interpretation and/or application of the
express provision or provisions of this
Agreement at issue between the Union and
Management. The advisory arbitrator shall
have no authority to add to, detract
from, alter, amend, or modify any
provisions of this Agreement or impose on
either party hereto a limitation or
obligation not explicitly provided for in
this Agreement; to establish or alter any
wage rate or wage structure; or to
consider any term or condition of
employment or any other matter not
expressly set forth within a provision of
this Agreement. The advisory arbitrator
shall not hear or decide more than one
grievance at one time without the mutual
consent of Management and the Union. The
recommendation in writing of the advisory
arbitrator on the merits of any grievance
adjudicated within his or her
jurisdiction and authority, as specified
in this Agreement, shall be served on
both parties and shall be advisory to the
Chief Human Resources Officer or the
Chief Human Resources Officer's
designee.
(E) Fees and Expenses
of Advisory Arbitration.
The fees and expenses of the
advisory arbitrator shall be shared
equally by the parties.
(F) Decision of Chief
Human Resources Officer or the Chief Human Resources
Officer's Designee.
Upon receipt of the
recommendation of the advisory
arbitrator, the record of the proceedings
before the advisory arbitrator, and any
brief(s) which may have been submitted to
the advisory arbitrator, the Chief Human
Resources Officer or the Chief Human
Resources Officer's designee shall review
the matter and issue a written decision,
which shall include findings of fact, as
well as his or her decision with respect
to the grievance. The decision of the
Chief Human Resources Officer or the
Chief Human Resources Officer's designee
shall be final and binding on Management,
the aggrieved employee, and the Union.
The Chief Human Resources Officer or the
Chief Human Resources Officer's designee
shall not consider any evidence not
presented in the proceedings before the
advisory arbitrator, but, upon the
request of either party or upon his or
her own initiative, may advise the
parties, prior to his or her decision,
that he or she will receive further
briefs on the matter.
Section 3.4 - Time
Limitations.
Whenever used in this Article 3,
the word "days" shall mean all days during
the calendar year other than Saturdays,
Sundays, and days designated as holidays by
Management. The time limits set forth in this
Article are essential to this Agreement. Said
time limits may be extended only by mutual
agreement of Management and the Union and the
aggrieved employee. The aggrieved employee
shall be solely responsible for keeping the
time limits set forth in this Article. If the
aggrieved employee fails to comply with the
time limits set forth in this Article, the
grievance shall be deemed to have been
waived. If Management fails to comply with
any time limits set forth in this Article,
the grievance shall automatically proceed to
the next step.
Section 3.5 - Method of
Delivery.
For the purposes of this Article
3, a grievance, appeal, or Management answer
is "submitted" only if it is delivered by
hand to the office of the appropriate person
as set forth in Section 3.1, or mailed to
that person by certified mail, return receipt
requested, through the United States Postal
Service.
Section 3.6 - Discipline
and Discharge.
(A)
Scope.
Discipline and discharge of
employees shall be for just cause.
Employees generally will be progressively
disciplined, but Management may, in its
discretion, warn, reprimand, transfer,
demote, suspend or discharge employees
without first providing progressive
discipline. Disciplinary action may be
taken to correct an employee's
inappropriate behavior or as a means of
causing an improvement in performance to
an acceptable level. An employee may
request that the Union president or a
shop steward designated by the Union be
present at a meeting where discipline is
to be administered and the request shall
not be denied unless honoring the request
would cause undue delay in the
administration of the
discipline.
(B) Oral
Warning.
An oral warning may occur
any time a supervisor finds it necessary
to address an employee's performance or
behavior as inconsistent with College
policies or procedures. A copy of the
oral warning will not be placed in the
employee's personnel file in Human
Resources, but it may be used as the
basis for subsequent discipline and may
be attached to subsequent discipline that
is placed in the employee's personnel
file in Human Resources.
(C) Verbal
Reprimand.
A verbal reprimand may be
issued following a discussion between a
supervisor and the employee, and its
issuance noted for future reference by
the supervisor. A copy of the verbal
reprimand will not be placed in the
employee's personnel file in Human
Resources, but it may be used as the
basis for subsequent discipline and may
be attached to subsequent discipline that
is placed in the employee's personnel
file in Human Resources.
(D) Written
Reprimand.
A written reprimand
indicating the nature of the problem
including references to any prior
warnings and verbal reprimands, and the
necessary corrective action, may be
issued following a private discussion
between the supervisor and the employee.
The written reprimand will be signed by
the supervisor and copies forwarded to
the employee, to the Director of Employee
and Labor Relations and to the Chief
Human Resources Officer.
(E) Suspension Without
Pay.
An employee may be suspended
without pay for a specified period of
time when disciplinary action more severe
than a reprimand, but less severe than
discharge, is warranted in the judgment
of Management. After affording an
employee an opportunity to be heard, the
Chief Human Resources Officer or the
Chief Human Resources Officer's designee
may impose the suspension based upon the
recommendation of the supervisor and
second level supervisor. A letter of
suspension will be provided to the
employee and the Union.
(F)
Discharge.
An employee's employment
with the College may be terminated for
just cause when the employee's
performance or behavior is not meeting
the legitimate expectations of
Management.
(G) Consideration of
Prior Discipline.
An employee may submit a
written request to the Chief Human
Resources Officer that Management not
consider in subsequent disciplinary
actions, discipline that was provided to
the employee more than ten (10) years
prior to the date of the written request,
provided that the prior discipline did
not involve an issue related to
discrimination, harassment, safety and
health, veracity, or was of the same
nature as subsequent
discipline.
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Section 4.1 -
Definition.
As used in this Agreement, "seniority" shall
mean an employee's continuous length of service for Management
since his or her last date of hire as a
regular employee by Management.
Section 4.2 - Termination
of Seniority.
An employee's seniority shall
terminate without recourse under the
provisions of this Agreement for the
following reasons:
(a) Discharge for
cause;
(b) Voluntary
resignation;
(c) Retirement;
(d) Failure or refusal to
return to work within five (5) days of
notice of recall from layoff, when
such notice is provided by registered
mail to the employee's last known
address
as reflected in his or her personnel
record;
(e) Absence for three (3)
consecutive scheduled work days without
notifying Management
during the absence, unless physically
impossible to do so, of an
illness
or accident preventing the employee from
working, as evidenced by
certification
of a medical doctor if requested by
Management, or other satisfactory
reason
for such absence;
(f) Layoff or leave of
absence for more than one (1) year since
the employee's last day worked for
Management, or a period of time exceeding
the employee's seniority,
whichever
is less.
Section 4.3 - Seniority
Roster and Other
Information.
Management shall furnish to the
Union a seniority roster of employees two
times each calendar year. This list shall
provide the name, job title, pay grade,
position number and rate of pay of each
bargaining unit employee. Management shall
also provide to the Union each month a list
of changes in bargaining unit positions that
involve new hires, lateral transfers, leaves
of absence, separations, promotions and
retirements.
Section 4.4 -
Vacancies.
Management shall determine, in
its discretion, whether to attempt to fill a
vacancy in a bargaining unit position through
an internal selection process or through an
internal/external selection process.
Employees may apply for bargaining unit
positions that are to be filled through
either type of selection process. The
procedure set forth in this Section 4.4 shall
apply if Management attempts to fill a
vacancy in a bargaining unit position solely
through an internal selection process. If a
vacancy occurs in a bargaining unit position
that Management intends to fill other than by
transfer or by temporary appointment, a
notice of such vacancy shall be distributed
to all campuses. Any employee who desires to
be considered for the vacancy shall submit a
written application to Human Resources within
the time frame specified. Qualifications and
the factors involved in the selection shall
be determined by Management in its
discretion. If Management determines that
qualifications and factors are equal between
employees, the employee having the greatest
seniority shall be selected. If, in
Management's discretion, none of the internal
candidates meet the qualifications and
factors necessary for the position, nothing
shall preclude Management from deciding not
to select any candidate and to re-advertize
the position for an internal/external
selection process, or to not fill the
position. Any grievance filed under this
Section 4.4 shall be heard by the supervisor
(at Step 1) and the Collegewide Director or
Provost (at Step 2) in the area in which the
vacancy occurred.
Section 4.5 - Lateral
Transfers.
If Management determines that a
transfer is in the best interest of the
College, an employee may be transferred. An
employee who desires and is qualified for a
vacant position in the bargaining unit must
request a transfer to that position. The
request shall be made in writing to the Chief
Human Resources Officer. If two employees
request a transfer to the same position, and
all other qualifications and factors are
considered equal by Management, the employee
having the greatest seniority shall be
transferred. Nothing in this Section 4.5
shall preclude Management from transferring
employees involuntarily when the transfer is
deemed by Management to be in the best
interest of the College.
Section 4.6 - Probationary
Employees.
(A) Probationary
Period for Newly Hired
Employees.
An employee shall be
considered a "probationary" employee
until six (6) months have elapsed from
his or her most recent date of hire.
Management may, in its discretion, extend
the probationary period for additional
time. Seniority shall not accrue until an
employee has successfully completed his
or her probationary period, at which
point seniority shall become established
as of the employee's last date of hire.
The discipline or discharge of a
probationary employee shall not be the
subject of a grievance under Article 3 of
this Agreement.
(B) Probationary
Period for Promoted or Transferred
Employees.
An employee shall be
considered a "probationary" employee
until six (6) months have elapsed from
his or her most recent date of promotion
or transfer to another position at the
College. Management may, in its
discretion, extend the probationary
period for additional time. Probationary
status under this Section 4.6(B) shall
not affect an employee's
seniority.
Section 4.7 - Trial
Period.
If an employee is transferred or
promoted to another bargaining unit position,
the employee may request, and will be
permitted, to return to his or her former
position within ten (10) work days of the
transfer or the promotion, provided that the
employee's former position has not been
filled at the time the request is
made.
Section 4.8 - Layoff and
Recall.
Solely for the purpose of this
Section 4.8, employees will be grouped in the
following pools: Continuing Education;
Auxiliary Services; alternatively funded
positions (e.g., positions funded through the
capital budget or the cable budget); and
positions funded through the Operating
Budget. Before implementing layoffs,
Management will consider whether the transfer
of employees to other positions is in the
best interest of the College. If Management
determines layoffs are necessary, the Union
will be notified as to which job titles in
which pool(s) will be affected. Seniority
shall be the determining factor among
employees determined to be of the same
relative competence, in order to retain the
most qualified employees as determined by
Management. No employee in regular status
shall be laid off while an employee in
temporary or probationary status remains in
the same job title. Employees on layoff
pursuant to this Section 4.8 shall be
eligible to be recalled in inverse order of
layoff by job title for the time period
provided in Section 4.2(d) of this Agreement.
No new employee shall be hired into a
position from which an employee has been laid
off unless the laid off employees in that job
title have been first notified of the
opportunity for recall pursuant to Section
4.2(b) of this Agreement.
Section 4.9 - Out of Title
Pay.
Management may require an
employee to work in a temporary assignment in
a bargaining unit position that is at least
one grade level higher than the position held
by the employee. When such an assignment
exceeds thirty (30) work days in duration,
the employee shall receive a temporary salary
adjustment that is not less than the
equivalent of a one grade level increase in
pay for the remainder of the temporary
assignment.
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ARTICLE 5 - HOURS OF
WORK
Section 5.1 - Work
Day.
A "work day" is a period of
twenty-four (24) consecutive
hours.
Section 5.2 - Regular Work
Day.
A "regular work day" shall
consist of eight (8) hours of work, exclusive
of meal periods. Because of the nature of
certain functions of the College, supervisors
will grant rest periods of fifteen minutes
during each half day period of a working day.
The immediate supervisor will arrange the
appropriate periods for meal and rest for
employees, provided that the total amount of
time used by an employee for his or her meal
and rest period shall not exceed one (1) hour
per work day. Changes in work schedules are
subject to the provisions of Section
5.5.
Section 5.3 - Work
Week.
The "work week" shall consist of
seven (7) consecutive calendar days,
beginning at 12:01 a.m. Saturday and ending
at 12:00 a.m. the following Saturday, unless
a different work week is established by
Management.
Section 5.4 - Regular Work
Week.
An employee's "regular work
week" shall consist of forty (40) hours of
work on five days in each work week. Changes
in the scheduling of work hours may or may
not be approved by Management.
Section 5.5 - Hours
Worked.
The payroll records of the
College shall be the basis for establishing
the number of hours worked by each employee.
Nothing in this Agreement shall be construed
as a guarantee by Management as to hours
worked per day, per week, or per year. If
Management determines that a modification of
scheduled hours of work beyond ten (10)
consecutive work days is necessary, any
affected employee will be provided with
notice of the change in work hours at least
twenty (20) work days before such
modification takes place.
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Section 6.1 - Purpose of
Article.
The sole purpose of this Article
is to provide a basis for the computation of
straight time, overtime and other premium
wages, and Management's pay records,
practices, and procedures established under
this Agreement shall govern the payment of
all wages. Nothing in this Agreement shall be
construed as a guarantee or commitment by
Management to any employee of hours of work
per day, per week, or per year.
Section 6.2 - Regular
Rate.
An employee's "regular rate" of
pay is defined as the straight time hourly
rate of pay established for employees as
designated by Management.
Section 6.3 - Overtime
Pay.
If Management deems that
overtime is required, overtime will be
compensated as provided in this Section
6.3.
(A) Non-Exempt
Employees.
Overtime pay for employees
in positions designated by Management as "nonexempt" under
the Fair Labor Standards Act (FLSA), shall be computed
at one and one-half (1-1/2) times the
employee's regular rate for all hours
worked in excess of forty (40) hours in
any work week.
(B) Exempt
Employees.
As agreed to by the College
and the Union by Memorandum of Agreement
on November 9, 2001, until such time that
action is taken by the Board of Trustees
based on financial or other exigent
circumstances to eliminate this
provision, an employee in a position
designated by Management as "exempt" under the FLSA
shall be eligible to be paid in an amount equal to
that
employee's regular rate for all hours
worked in excess of forty (40) hours in
any work week.
(C) General
Provisions.
With respect to both
non-exempt and exempt employees, there
shall be no duplication or pyramiding in
the computation of overtime pay, and
nothing in this Agreement shall be
construed to require the payment of
overtime more than once for the same
hours worked. If more than one of the
provisions of this Agreement shall be
applicable to any time worked by an
employee, he or she shall be paid for
such time at the highest rate specified
in any one applicable provision, but he
or she shall not be entitled to
additional pay for such time under any
other provision. Only those hours
actually worked, holiday leave hours,
court attendance leave hours, bereavement
leave hours, and administrative leave
hours authorized solely due to the
emergency closing of the College shall be
included in computing the 40 hours for
overtime pay purposes.
Section 6.4 - Call Back
Pay.
(A) Non-exempt
Employees.
An employee in a position
designated as non-exempt who is called
back to work after having left the
College's premises at the conclusion of
the employee's scheduled work day shall
receive a minimum of three (3) hours pay
or pay for all hours actually worked
prior to the start of the employee's next
regular work day, whichever is greater.
An employee in a position designated as
non-exempt who is called back to work or
called in to work for a project deemed an
emergency by the Director or Dean in the
employee's chain of command shall receive
pay at one and one half (1-1/2) times his
or her regular rate for the hours
actually worked beyond the employee's
regular work day. Pay under this
provision must be authorized by the
appropriate Director or Dean on each
occasion that it is claimed.
(B) Exempt
Employees.
Until such time that action
is taken by the Board of Trustees based
on financial or other exigent
circumstances to eliminate this
provision, an employee in a position
designated by Management as "exempt" under the FLSA
who is called back to work pursuant to this Section
6.4 or called
into work for a project deemed an
emergency by the Director or Dean in the
employee's chain of command shall receive
pay at his or her regular rate for the
hours actually worked beyond the
employee's regular work day. Pay under
this provision must be authorized by the
appropriate Director or Dean on each
occasion that it is claimed.
Section 6.5 - Emergency
Service Pay.
An employee who has been trained
by Management to perform emergency service
duties that would be typically performed by
an employee in a different position, and who
is actually required to perform such duties
in an actual emergency or crisis situation so
designated by Management, shall be paid at
one and one half (1-1/2) times his hourly
rate for the time the employee is engaged in
performing those emergency service duties in
the actual emergency or crisis
situation.
Section 6.6 - Shift
Differential.
Effective the first day of the
2006 fiscal year, employees who are regularly
scheduled to work more than 25 hours in a
work week and who are required to work
between the hours of 10:00 p.m. and 6:30 a.m.
shall receive a premium of $ 0.80 per hour
for the period of time actually worked
between those hours. No shift differential
shall apply for less than one full hour
worked.
Section 6.7 - Pay
Schedule.
The Pay Schedule for employees
set forth in Appendix Two to this Agreement
is part of this Agreement and shall be the
regular rate for employees in the appropriate
grade.
Section 6.8 -
Salaries.
(A) Salary
Adjustments.
Effective as of the first
day of the 2006 fiscal year, the regular
rate of an employee shall be calculated
as one hundred two and seventy-five
hundredths percent (102.75%) of the
employee's 2005 fiscal year regular rate,
provided that no employee's salary shall
exceed the top of the grade level
assigned to that employee's position, as
provided in Appendix Two. Effective as of
the first day of the 2007 fiscal year,
the regular rate of an employee shall be
calculated as one hundred three and
seventy-five hundredths percent (103.75%)
of the employee's 2006 fiscal year
regular rate, provided that no employee's
salary shall exceed the top of the grade
level assigned to that employee's
position, as provided in Appendix Two.
Effective as of the first day of the 2008
fiscal year, the regular rate of an
employee shall be calculated as one
hundred two and seventy-five hundredths
percent (102.75%) of the employee's 2007
fiscal year regular rate, provided that
no employee's salary shall exceed the top
of the grade level assigned to that
employee's position, as provided in
Appendix Two.
(B) Merit Adjustments
to Salary.
Regular employees shall be
eligible for a merit salary adjustment
based upon their performance evaluation
and a recommendation from their immediate
supervisor. A merit increase will not be
denied solely because an employee's
performance evaluation has not been
submitted. For the 2006 fiscal year,
merit salary adjustments shall be one
hundred two and seventy-five hundredths
percent (102.75%) of the employee's 2005
fiscal year regular rate, provided that
no employee's salary shall exceed the top
of the grade level assigned to that
employee's position, as provided in
Appendix Two. For the 2007 fiscal year,
merit salary adjustments shall be one
hundred two and seventy-five hundredths
percent (102.75%) of the employee's 2006
fiscal year regular rate, provided that
no employee's salary shall exceed the top
of the grade level assigned to that
employee's position, as provided in
Appendix Two. For the 2008 fiscal year,
merit salary adjustments shall be one
hundred two and twenty-five hundredths
percent (102.25%) of the employee's 2007
fiscal year regular rate, provided that
no employee's salary shall exceed the top
of the grade level assigned to that
employee's position, as provided in
Appendix Two.
Section 6.9 - Failure to
Achieve Projected Revenues.
This Agreement is dependent upon
receipt by Montgomery College of the revenues
projected by Montgomery College as necessary
to implement the Agreement. Should revenues
fall below the levels necessary to implement
this Agreement, Management shall immediately
notify the Union of the shortfall in revenues
and of its proposals, if any, for such
modifications of this Agreement as are, in
the judgment of Management, made necessary by
the shortfall. Thereafter, Management and the
Union shall promptly meet and bargain in good
faith in an attempt to reach an agreement
which can be implemented within the revenues
received by Montgomery College.
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ARTICLE 7 - LEAVES OF
ABSENCE
Section 7.1 - Sick
Leave.
(A)
Purpose.
The purpose of this Section
7.1 is to provide the basis for and
manner by which employees may be granted
sick leave. Sick leave is a designated
amount of compensated leave that
employees may be granted when, through
personal illness, temporary disability,
injury or quarantine they are unable to
perform their jobs. Sick leave may also
be used for other excused absences such
as those for medical, dental, or optical
examination, or treatment. Accrued sick
leave may also be granted to care for an
immediate family member (defined as
spouse; natural, foster, or step child;
inlaws; parent, sibling, or member of the
employee's immediate household), if the
employee is needed to care for that
family member.
(B) Eligibility and
Accrual of Sick Leave.
Regular full time employees
shall earn sick leave at a rate of 3.69
hours per eighty (80) hour pay period
based upon actual hours worked or
authorized leave with pay, except that
sick leave shall not be earned for hours
designated as Extended Professional
Development leave under Section 7.5(B),
Short-Term Disability leave under Section
7.9, or any form of leave designated as
leave without pay. Regular parttime
employees shall earn sick leave in the
proportion that their work week is to a
40- hour work week. Sick leave may only
be used after it has accrued, except that
an employee may be advanced the unearned
sick leave that would accrue during the
succeeding twelve (12) months, upon
recommendation of the employee's
supervisor and approval of the Chief
Human Resources Officer or the Chief
Human Resources Officer's
designee.
(C) Use of Sick
Leave.
When use of sick leave is
anticipated, an employee is required to
request sick leave in advance. When the
need for sick leave cannot be
anticipated, the employee must notify his
or her supervisor as early as possible on
the day of absence. An employee may be
required to notify his or her supervisor
on a daily basis as to the progress of an
illness and the probable date of return
to work, or to provide medical
documentation to support the use of sick
leave that exceeds three (3) consecutive
days. An employee who fails to comply
with the requirements of this Section
7.1(C) will be considered absent without
authorized leave unless it can be
demonstrated to the satisfaction of his
or her supervisor that it was physically
impossible to notify the supervisor of
the absence or the employee's progress
toward returning to work. If an
employee's use of sick leave appears
excessive or questionable to his or her
supervisor, the supervisor may report
this fact in writing to the appropriate
administrator, or to the Chief Human
Resources Officer or the Chief Human
Resources Officer's designee. The Chief
Human Resources Officer or the Chief
Human Resources Officer's designee may
require the employee to have a medical
examination or to submit medical evidence
confirming the necessity for the sick
leave in question. Based upon the
information provided, if the Chief Human
Resources Officer or the Chief Human
Resources Officer's designee determines
that an employee has used more sick leave
than was medically necessary, the
employee may be disciplined, an
adjustment may be made in the amount of
time designated as sick leave, and the
employee may be required to provide
medical documentation to support any
future use of sick leave.
(D) Disposition of
Sick Leave at Termination of
Employment.
Unused sick leave may be
carried forward from year to year. An
employee with a date of hire prior to
January 1, 1993, who terminates from the
College with at least five (5) years of
seniority shall be paid for 25% of up to
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