AGREEMENT BETWEEN ASSOCIATION OF PENNSYLVANIA …

1 AGREEMENTBETWEENASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND university FACULTIES (APSCUF)ANDTHE PENNSYLVANIA STATE SYSTEM OF HIGHER EDUCATION (STATE SYSTEM)July 1, 2019, to June 30, 2023i i TABLE OF CONTENTS ARTICLE PAGE PREAMBLE .. 1 PURPOSE .. 1 ARTICLE 1, RECOGNITION .. 3 ARTICLE 2, ACADEMIC FREEDOM .. 3 ARTICLE 3, FAIR PRACTICES .. 4 ARTICLE 4, DUTIES AND RESPONSIBILITIES OF FACULTY MEMBERS .. 5 ARTICLE 5, GRIEVANCE PROCEDURE AND ARBITRATION .. 6 ARTICLE 6, DEPARTMENT CHAIRPERSONS .. 10 ARTICLE 7, PERFORMANCE OF BARGAINING UNIT WORK .. 13 ARTICLE 8, ACCRETION .. 20 ARTICLE 9, RIGHTS AND PRIVILEGES OF APSCUF .. 20 ARTICLE 10, RIGHTS OF THE STATE SYSTEM/UNIVERSITIES.

2 22 ARTICLE 11, APPOINTMENT OF 22 ARTICLE 12, PERFORMANCE REVIEW AND EVALUATION .. 27 ARTICLE 13, PERSONNEL FILES .. 39 ARTICLE 14, RENEWALS AND NON-RENEWALS .. 40 ARTICLE 15, TENURE .. 43 ARTICLE 16, PROMOTIONS .. 48 ARTICLE 17, SICK LEAVE .. 51 ARTICLE 18, LEAVES OF ABSENCE .. 55 ARTICLE 19, WORK-RELATED INJURIES .. 66 ARTICLE 20, RETIREMENT .. 67 ARTICLE 21, FRINGE BENEFITS .. 68 ARTICLE 22, SALARIES .. 83 ARTICLE 23, WORKLOAD AND WORKLOAD EQUIVALENTS .. 89 ARTICLE 24, SUMMER EMPLOYMENT .. 95 ARTICLE 25, OVERLOAD .. 96 ARTICLE 26, INDEPENDENT STUDY AND INDIVIDUALIZED INSTRUCTION .. 99 ARTICLE 27, CONTINUING EDUCATION .. 101 ARTICLE 28, CHECK-OFF .. 102 ARTICLE 29, RETRENCHMENT.

3 103 ARTICLE 30, HEALTH AND WELFARE .. 109 ARTICLE 31, MISCELLANEOUS CONDITIONS .. 111 ARTICLE 32, TRAVEL EXPENSES .. 113 ARTICLE 33, AGREEMENT AGAINST STRIKES AND LOCK-OUTS .. 113 ARTICLE 34, INTER- university TRANSFERS .. 114 ARTICLE 35, LEGISLATIVE 117 ARTICLE 36, SEPARABILITY .. 117 ARTICLE 37, TOTALITY OF AGREEMENT .. 118 ARTICLE 38, SUCCESSORS .. 118 ARTICLE 39, INTELLECTUAL PROPERTY .. 118 ARTICLE 40, NEW BRANCH CAMPUSES AND OTHER TEACHING LOCATIONS .. 122 ARTICLE 41, DISTANCE EDUCATION .. 124 ARTICLE 42, INVESTIGATIONS OF COMPLAINTS AGAINST FACULTY MEMBERS . 130 ARTICLE 43, FACULTY PROFESSIONAL DEVELOPMENT PROGRAM .. 132 ARTICLE 44, REGULAR PART-TIME FACULTY .. 132 ARTICLE 45, TERM OF AGREEMENT .

4 136 SENIORITY POLICY .. 138 APPENDIX A, MILLERSVILLE university SENIORITY LIST .. 140 APPENDIX B, GUIDELINES FOR PREPARING SENIORITY LIST .. 141 APPENDIX C, RULES FOR DETERMINING SENORITY .. 143 ii ii APPENDIX D, FOOTNOTE .. 146 APPENDIX E, DISABILITY RETIREMENT DETERMINATION PROCEDURE .. 147 APPENDIX F, 2019, 2020, 2021 SUMMER PAY SCHEDULE .. 148 APPENDIX G, 2022 SUMMER PAY SCHEDULE .. 149 APPENDIX H, 2023 SUMMER PAY SCHEDULE .. 150 APPENDIX I, 2019-2020, 2020-2021 OVERLOAD PAY SCHEDULE .. 151 APPENDIX J, 2021-2022 OVERLOAD PAY SCHEDULE .. 152 APPENDIX K, 2022-2023 OVERLOAD PAY SCHEDULE .. 153 APPENDIX L, HIGHMARK PPO BLUE BENEFIT SUMMARY .. 154 APPENDIX M, HEALTH CARE MANAGEMENT PROGRAM (WELLNESS PROGRAM).

5 156 APPENDIX N, SIDE LETTER FACULTY PREMIUM RECONCILIATION .. 157 INDEX .. 160 11 PREAMBLE THIS AGREEMENT made and entered into this 11thday December 2019 by and BETWEEN the Board of Governors of the State System of Higher Education ("STATE SYSTEM") for and on behalf of itself, the State Universities and their respective Councils of Trustees, of the first part, and the ASSOCIATION of PENNSYLVANIA State College and university Faculties ("APSCUF") of the second part. PURPOSE APSCUF has been certified to represent, for purposes of collective bargaining, department chairpersons, full-time teaching faculty (including librarians with faculty status), part-time teaching faculty and librarians without faculty status and faculty members of the UNIVERSITIES whose basic responsibilities lie outside of the classroom setting.

6 APSCUF and the STATE SYSTEM OF HIGHER EDUCATION, desiring to cooperate each with the other in mutual respect and harmony, have agreed to the provisions of this AGREEMENT in consideration of the following: 1. The UNIVERSITIES exist for the common good of the citizens of the Commonwealth, particularly the students who attend such UNIVERSITIES. In a world of rapid change and recurring crises, all will be served best by an intellectual environment that encourages critical thinking, the search for truth, and includes a diversity of reasoned perspectives. 2. The parties will work cooperatively under the terms of this AGREEMENT and applicable law to promote student success, to leverage the strengths of the individual UNIVERSITIES, and to support effective shared governance structures for the STATE SYSTEM and Universities while respecting academic freedom, as set forth in this collective bargaining AGREEMENT , and the right of the individual to dissent.

7 3. The parties recognize that collective bargaining in good faith will further their common aim of offering the best possible educational opportunities at the UNIVERSITIES. The parties also commit to abide by the terms of the AGREEMENT , and to work collaboratively to ensure consistent, fair, and equitable implementation across the system. 4. APSCUF as the representative of the above named employees recognizes its obligation to permit all individuals and groups on each campus to be included in the consideration of matters relating to them. 5. For the purposes of this AGREEMENT , the following definitions shall be applied: "ACADEMIC FACULTY" -- The bargaining unit consisting of department chairpersons, full-time teaching faculty including librarians with faculty status, part-time teaching faculty, librarians without faculty status and faculty members whose basic responsibilities lie outside of the classroom setting who have, by certification of the PENNSYLVANIA Labor Relations Board (PLRB), been designated as ACADEMIC FACULTY (PERA-R-775-C).

8 22"APSCUF"-- The ASSOCIATION of PENNSYLVANIA State College and university Faculties, Inc. "UNIVERSITIES" -- All institutions of the State System of Higher Education including Bloomsburg university , California university , Cheyney university , Clarion university , East Stroudsburg university , edinboro university , Indiana university of PENNSYLVANIA , Kutztown university , Lock Haven university , Mansfield university , Millersville university , Shippensburg university , Slippery Rock university , and West Chester university ; and their respective branch campuses. "STATE SYSTEM OF HIGHER EDUCATION"-- That System created by Act 188 of 1982, the State System of Higher Education Act, hereinafter referred to as the STATE SYSTEM.

9 "COMMONWEALTH" -- The Executive Branch of the Commonwealth of PENNSYLVANIA . "FACULTY" or "FACULTY MEMBERS" -- All members of the bargaining units described in PLRB case numbers PERA-R-775-C and PERA-R-1354-C."REGULAR"-- A tenured or tenure track FACULTY MEMBER. "PROBATIONARY NON-TENURED FACULTY MEMBER"-- A FACULTY MEMBER who is appointed to a tenure track position and who has not been granted tenure. "NON-TENURE TRACK FACULTY"-- A FACULTY MEMBER who is appointed to service in a position in which service will not be credited toward tenure. Examples of such positions include Temporary Part-time, Temporary Full-time and Regular Part-time. DOMESTIC PARTNER The criteria listed below must be met in order to qualify for benefits extended to domestic partners in this AGREEMENT and a FACULTY MEMBER and domestic partner must provide management with a completed, notarized Commonwealth of PENNSYLVANIA Domestic Partner Verification Statement that will be maintained in the FACULTY MEMBER S official personnel completed, notarized Commonwealth of PENNSYLVANIA Domestic Partner Verification Statement must have been received by the university prior to January 1, Each partner is the same gender.

10 3. Both partners are unmarried. 4. Both partners are at least 18 years old and mentally competent to enter into a contract in the Commonwealth of PENNSYLVANIA . 5. Partners are the sole domestic partner of the other person. 336. Partners have lived together in the same residence on a continuous basis for at least six months immediately prior to the date of the notarized statement, with the intent to reside together permanently. 7. Partners are not related to each other by adoption or by blood, to a degree that would prohibit marriage in the Commonwealth of PENNSYLVANIA . 8. Neither partner has been a member of another domestic partnership for the past six months (unless the prior domestic partnership ended as a result of the death or marriage of one of the domestic partners).