Transcription of COLLECTIVE BARGAINING AGREEMENT BETWEEN …
1 COLLECTIVE BARGAINING AGREEMENT BETWEEN UNIVERSITY OF montana UNIVERSITY FACULTY ASSOCIATION AND THE montana UNIVERSITY SYSTEM JULY 1, 2017 THROUGH JUNE 30, 2025 Updated April 2021 EXTENDED 21-25 i TABLE OF CONTENTS PREAMBLE .. 8 CONTRACT MANAGEMENT .. 8 SEVERABILITY .. 8 INDIVIDUAL EMPLOYMENT CONTRACTS .. 8 AMENDMENT .. 9 PREVIOUS LETTERS OF AGREEMENT .. 9 EFFECT BY PASSAGE OF LAW .. 9 DISTRIBUTION OF CONTRACT .. 9 ENTIRE AGREEMENT .. 10 CONTRACT TERM .. 10 NEGOTIATION AND SUBMISSION OF PROPOSALS .. 10 NON-DISCRIMINATION .. 11 NO STRIKE, NO LOCK-OUT .. 11 UNION RIGHTS .. 11 RECOGNITION .. 11 UNION SECURITY .. 13 INFORMATION AND DATA .. 13 OFFICE SPACE AND MEETING ROOMS.
2 14 ADDRESSING THE BOARD .. 14 REASSIGNMENTS UFA .. 14 FACULTY RIGHTS AND WORKING CONDITIONS .. 15 SAFETY .. 15 PROFESSIONAL 16 OFFICE FACILITIES .. 16 FACULTY COMPUTING AND LABORATORY / ACADEMIC EQUIPMENT .. 16 TRAVEL EXPENSES .. 17 AMENITIES .. 17 PARKING .. 17 RIGHTS SPECIFIC TO FISCAL-YEAR FACULTY .. 17 CONTRACT OPTIONS .. 17 PERSONNEL FILES .. 17 MANAGEMENT RIGHTS .. 18 ii PERFORMANCE BY DESIGNEE .. 18 ACADEMIC FREEDOM AND RESPONSIBILITY .. 18 ACADEMIC FREEDOM .. 18 ACADEMIC RESPONSIBILITY .. 19 INSTRUCTIONAL WORKLOAD .. 21 APPEAL OF WORKLOAD ASSIGNMENT .. 22 ACADEMIC GOVERNANCE .. 22 FACULTY SENATE .. 22 REASSIGNED TIME FACULTY SENATE .. 23 UFA RIGHTS TO UNIVERSITY COMMITTEE MEMBERSHIP.
3 24 UFA-ADMINISTRATION/CONTRACT-MAINTENANCE COMMITTEE .. 24 UNIVERSITY OF montana BUDGET COMMITTEE .. 24 NON-TENURABLE, PROBATIONARY, AND TENURED APPOINTMENTS .. 24 NON-TENURABLE APPOINTMENTS .. 25 RIGHTS OF NON-TENURABLE APPOINTEES .. 25 APPOINTMENT FROM A NON-TENURABLE LINE TO A PROBATIONARY LINE .. 26 RIGHTS OF PROBATIONARY APPOINTEES .. 27 REAPPOINTMENT .. 27 RANK AND APPOINTMENTS .. 27 NON-REAPPOINTMENT .. 28 CREDIT FOR PROBATIONARY SERVICE .. 29 RIGHTS OF TENURED APPOINTEES .. 29 ELIGIBILITY FOR TENURE APPLICATION .. 30 THE TENURE APPLICATION .. 30 LIMITATIONS ON TENURE AWARDS .. 31 FAILURE TO ATTAIN TENURE .. 31 TENURE CLOCK EXTENSIONS FOR FACULTY MODIFIED DUTIES 31 UNIT STANDARDS AND FACULTY EVALUATION PROCEDURES 32 EVALUATION STANDARDS.
4 32 UNIVERSITY STANDARDS FOR FACULTY ADVANCEMENT .. 32 UNIT STANDARDS FOR FACULTY EVALUATION .. 34 iii UNIT STANDARDS COMMITTEE .. 37 PROCEDURES FOR FACULTY EVALUATION .. 37 EVALUATION SCHEDULE FOR TENURED AND TENURE-TRACK FACULTY .. 38 INDIVIDUAL'S PERFORMANCE RECORD - OCTOBER 15 .. 38 STUDENT EVALUATION COMMITTEE - OCTOBER 40 ABSENCE OF STUDENT EVALUATION COMMITTEE PARTICIPATION .. 41 FACULTY EVALUATION COMMITTEE - NOVEMBER 15 .. 41 DEPT. CHAIRPERSON S RECOMMENDATION- DECEMBER 15 .. 43 DEAN S EVALUATION AND RECOMMENDATION FEBRUARY 15 44 APPEALS TO THE DEAN - MARCH 12 .. 45 APPEALS TO THE APPEALS COMMITTEE - APRIL 4 .. 45 APPROPRIATE REMEDIAL ACTION .. 47 PROVOST S RECOMMENDATION APRIL 25.
5 49 RESTRAINTS ON EVALUATION AND APPEAL .. 49 CONFLICTS OF INTEREST .. 49 GRIEVING THE EVALUATION PROCESS .. 50 FACULTY DEVELOPMENT, RECRUITMENT AND RETENTION .. 50 FACULTY RELATIONS AND DIVERSITY .. 51 SABBATICAL ASSIGNMENT .. 51 ELIGIBILITY .. 51 APPLICATION .. 52 LIMITATIONS AND CONDITIONS .. 52 PROCEDURE .. 54 FINAL REPORT .. 55 FACULTY MODIFIED DUTIES .. 56 ELIGIBILITY FOR FACULTY MODIFIED DUTIES .. 56 MODIFICATION OF FACULTY DUTIES .. 56 GRANTS AND CONTRACTS .. 57 INVOLUNTARY TRANSFER OF GRANTS AND CONTRACTS .. 57 FACULTY CONTRACT OBLIGATIONS .. 58 ACADEMIC YEAR CONTRACT OBLIGATIONS .. 58 PROFESSIONAL ACTIVITIES IN ADDITION TO REGULAR UNIVERSITY RESPONSIBILITIES.
6 58 UNIVERSITY SPONSORED PROFESSIONAL SERVICES AND EXTRA COMPENSATION .. 58 iv NON-UNIVERSITY SPONSORED PROFESSIONAL SERVICES .. 59 CONFLICT OF INTEREST .. 61 PROHIBITED ACTIVITIES .. 62 ACTIVITIES REQUIRING DISCLOSURE .. 62 RESEARCH CONCLUSIONS .. 62 REPORTING .. 63 COMPENSATION .. 63 INDIVIDUAL SALARY BASE .. 63 LESS-THAN-NORMAL INCREASE .. 64 NORMAL 64 PROMOTION .. 65 MERIT .. 65 OUTSTANDING PERFORMANCE AWARDS FOR NON-TENURABLE FACULTY .. 66 MARKET ADJUSTMENTS .. 67 INVERSION AND COMPRESSION .. 67 SALARY FLOORS .. 68 CONTRACT CONVERSION .. 68 SALARY PRORATION .. 69 COMPENSATION OF DEPARTMENT CHAIRPERSONS .. 69 DEPARTMENTS OF FEWER THAN EIGHT PERSONNEL.
7 69 DEPARTMENTS FROM EIGHT TO SIXTEEN PERSONNEL .. 70 DEPARTMENTS HAVING MORE THAN SIXTEEN 70 ADDITIONAL COMPENSATION FOR CHAIRPERSONS .. 70 SUMMER SESSION .. 70 WINTER SESSION .. 70 GROUP INSURANCE .. 70 UNEMPLOYMENT INSURANCE .. 71 WORKERS' COMPENSATION .. 71 RETIREMENT SYSTEMS .. 71 montana TEACHERS RETIREMENT SYSTEM .. 71 UNIVERSITY SYSTEM RETIREMENT PROGRAM (TIAA-CREF) .. 71 POST-RETIREMENT AGREEMENTS .. 71 EMPLOYMENT INDEMNITY .. 72 BUDGET RESCISSIONS .. 72 CONTINGENCY PROVISIONS .. 72 INTELLECTUAL PROPERTY AND COMPUTER POLICIES .. 72 v COPYRIGHT POLICY .. 72 PATENT POLICY .. 74 OWNERSHIP OF INVENTIONS OR DISCOVERIES .. 74 LIMITATIONS .. 75 INVENTORS' RIGHTS AND DUTIES.
8 75 SUBMISSION OF PATENTABLE INVENTIONS OR DISCOVERIES TO PATENT OFFICERS .. 76 PROSECUTION OF PATENTS .. 76 DISTRIBUTION OF UNIVERSITY RELATED INVENTION AND COPYRIGHT RELATED INCOME .. 78 DEVELOPMENT OF INVENTIONS .. 78 DEFINITIONS .. 78 COMPUTER AND NETWORK USAGE .. 79 SECURITY AND PRIVACY .. 79 DISCIPLINE .. 79 OWNERSHIP .. 79 MAINTENANCE AND 79 LEAVE OF ABSENCE AND FACULTY EXCHANGE .. 80 COMPENSATED LEAVES .. 80 MAINTENANCE OF RIGHTS .. 80 PROFESSIONAL LEAVE AND TRAVEL .. 80 SICK LEAVE - DEFINITIONS AND REGULATIONS .. 80 EMERGENCY 82 PERSONAL LEAVE .. 82 MILITARY LEAVE .. 82 VACATION TIME .. 83 FACULTY EXCHANGE .. 83 FAMILY LEAVE .. 84 UNCOMPENSATED LEAVES.
9 84 APPLICATION FOR LEAVE AND APPROVAL .. 84 REASONS FOR UNCOMPENSATED LEAVES .. 84 DEANS AND CHAIRPERSONS .. 85 85 16. 200 DEPARTMENTAL 86 APPOINTMENTS .. 86 DUTIES OF CHAIRPERSONS .. 86 COMPENSATION .. 86 vi EVALUATION OF DEPARTMENT CHAIRPERSONS .. 87 REVIEW OF TENURED FACULTY .. 87 PROCEDURES .. 87 SANCTIONS, SUSPENSIONS, AND TERMINATIONS .. 88 SANCTIONS .. 88 SUSPENSION .. 88 CAUSES FOR DISCIPLINE OR DISCHARGE .. 88 DISCIPLINE OR DISCHARGE FOR CAUSE PROCEDURE .. 89 RETRENCHMENT .. 92 CURTAILMENT .. 92 DISCONTINUANCE .. 93 RETRENCHMENT PROCEDURES .. 94 DISABILITY .. 95 RESIGNATIONS .. 96 RETIREMENT .. 96 NON-RENEWAL .. 96 GRIEVANCE PROCEDURE AND ARBITRATION.
10 96 PURPOSE .. 96 RESORTING TO OTHER PROCEDURES .. 96 REPRESENTATION .. 97 DEFINITION .. 97 GRIEVANCE REPRESENTATIVES .. 97 SUBMISSION OF THE GRIEVANCE .. 97 GRIEVANCE FORM .. 97 FORMAL GRIEVANCE PROCEDURE .. 98 ARBITRATION .. 99 SELECTION OF AN ARBITRATOR .. 99 AUTHORITY OF THE ARBITRATOR .. 100 ARBITRABILITY .. 100 CONDUCT OF HEARING .. 100 EFFECT OF DECISION .. 101 FEES AND EXPENSES .. 101 TIME LIMITS .. 101 NOTIFICATION .. 101 RETROACTIVITY .. 101 REPRISAL .. 102 PRECEDENT .. 102 vii RECORDS .. 102 STUDENT PARTICIPATION .. 102 STUDENT COMPLAINT PROCEDURE .. 104 PURPOSE .. 104 RESORTING TO OTHER PROCEDURES .. 105 DEFINITION OF COMPLAINT .. 105 STUDENT RESOLUTION OFFICER.