COLLECTIVE BARGAINING AGREEMENT - MUS

1 COLLECTIVE BARGAINING AGREEMENT between THE MONTANA UNIVERSITY SYSTEM AND MONTANA STATE UNIVERSITY NORTHERN FEDERATION OF TEACHERS Local 4045 July 1, 2019 through June 30, 2021 i Contents ARTICLE 1 .. 1 PREAMBLE .. 1 PREAMBLE .. 1 ARTICLE 2 .. 1 FEDERATION RIGHTS .. 1 RECOGNITION .. 1 BARGAINING UNIT .. 1 AGENCY SHOP .. 2 DUES DEDUCTION .. 2 INFORMATION AND DATA .. 2 ACCESS TO INFORMATION .. 2 ADDRESSING THE BOARD .. 3 ACCESS TO FACULTY .. 3 FACILITIES .. 3 CONTACTING FACULTY .. 3 FEDERATION 3 LEAVE OF ABSENCE FOR FEDERATION BUSINESS .. 4 RELEASE TIME FOR FEDERATION OFFICIALS .. 4 EXCUSED ABSENCES .. 4 FEDERATION ADMINISTRATION COMMITTEE .. 4 ARTICLE 3 .. 5 FACULTY RIGHTS AND WORKING CONDITIONS .. 5 OFFICE SPACE .. 5 EDUCATIONAL MATERIALS AND TEXTS .. 5 ACADEMIC ATTIRE .. 5 ii PAYROLL DEDUCTIONS.

2 6 PERSONNEL 6 SAFETY .. 6 INDEMNIFICATION .. 6 PATENT RIGHTS AND COPYRIGHT INTERESTS .. 7 PROGRAM GRANTS .. 7 WORKLOAD .. 7 NON-TRADITIONAL INSTRUCTIONAL DELIVERY .. 8 OTHER 9 CONFLICT OF INTEREST .. 9 ACADEMIC CALENDAR .. 9 SECRETARIAL ASSISTANCE .. 10 PAY DAY .. 10 ARTICLE 4 .. 10 EMPLOYER RIGHTS .. 10 EMPLOYER 10 ARTICLE 5 .. 11 ACADEMIC FREEDOM AND RESPONSIBILITY .. 11 ACADEMIC FREEDOM .. 11 ACADEMIC RESPONSIBILITIES .. 11 ARTICLE 6 .. 12 APPOINTMENT PRACTICES .. 12 TYPES OF APPOINTMENTS .. 12 RIGHTS OF PROBATIONARY APPOINTEES .. 13 ADMINISTRATIVE POSITIONS .. 15 RIGHTS OF TENURED APPOINTEES .. 15 iii COLLEGE CHAIRS .. 16 HIRING PROCEDURE .. 19 TEMPORARY PERSONNEL .. 20 PROFESSIONAL EMPLOYMENT CONTRACT .. 21 SUMMER SESSION ASSIGNMENTS .. 21 CROSS-DISCIPLINE TEACHING .. 22 CLASS AND COURSE ASSIGNMENT.

3 22 ARTICLE 7 .. 23 PROMOTION, EVALUATION AND TENURE .. 23 FACULTY EVALUATIONS .. 23 PROFESSIONAL EVALUATION CRITERIA .. 23 EVALUATION PROCEDURES .. 24 PEER REVIEW .. 25 EVALUATION OF FACULTY FOR CONTINUANCE OF PROBATIONARY APPOINTMENT .. 26 EVALUATION OF FACULTY FOR TENURE APPOINTMENT .. 27 EVALUATION OF TENURED FACULTY .. 27 STUDENT EVALUATION OF TEACHING .. 28 ELIGIBILITY FOR PROMOTION APPLICATION .. 28 APPEALS .. 31 EVALUATION OF ADMINISTRATORS .. 32 ARTICLE 8 .. 32 DISCIPLINE, TERMINATION, AND RETRENCHMENT .. 32 TERMINATION OF APPOINTMENT .. 32 ADEQUATE CAUSE .. 33 DUE PROCESS .. 34 RETRENCHMENT .. 34 iv RESIGNATIONS .. 37 ARTICLE 9 .. 37 COMPENSATION .. 37 SALARY POINT SCHEDULE .. 37 EDUCATION - DEGREES .. 38 EXPERIENCE .. 38 OTHER TEACHING EXPERIENCE .. 38 OTHER RELATED EXPERIENCE .. 39 OCCUPATIONAL EXPERIENCE.

4 39 POSITION ON SALARY SCHEDULE .. 39 SALARY POINT AWARDS .. 39 FACULTY SALARIES .. 40 RECRUITMENT ADJUSTMENT .. 41 EXTRA DUTY ASSIGNMENTS .. 41 INDEPENDENT AND DIRECTED STUDY .. 42 REIMBURSEMENT AND TRAVEL 42 GROUP INSURANCE .. 42 UNEMPLOYMENT INSURANCE .. 42 WORKERS' COMPENSATION .. 43 RETIREMENT .. 43 STATUTES .. 43 CONTINUING EDUCATION .. 43 DISLOCATION ALLOWANCE .. 43 SUMMER SESSION .. 44 DEPENDENT PARTIAL TUITION WAIVER .. 44 ARTICLE 10 .. 45 v ABSENCES AND PROFESSIONAL DEVELOPMENT .. 45 SICK LEAVE .. 45 EMERGENCY 46 LEAVES OF ABSENCE WITHOUT PAY .. 46 LEAVES FOR PERSONAL 47 CHILDBIRTH LEAVE .. 47 JURY AND WITNESS LEAVE .. 47 MILITARY LEAVE .. 48 PUBLIC SERVICE LEAVE .. 48 PROFESSIONAL LEAVE .. 48 SABBATICAL LEAVE .. 48 EDUCATIONAL LEAVE .. 50 ARTICLE 11 .. 52 GRIEVANCE PROCEDURE AND ARBITRATION.

5 52 PURPOSE .. 52 DEFINITION OF A GRIEVANCE .. 52 GRIEVANCE 52 CONTENTS OF GRIEVANCE .. 52 FORMAL GRIEVANCE PROCEDURE .. 53 SELECTION OF AN ARBITRATOR .. 54 CONDUCT OF HEARINGS .. 54 AUTHORITY OF THE ARBITRATOR .. 54 ARBITRABILITY .. 55 EFFECT OF DECISION .. 56 FEES AND 56 TIME LIMITS .. 56 vi RETROACTIVITY .. 56 REPRISAL .. 56 ARTICLE 12 .. 57 GENERAL CONTRACT PROVISIONS .. 57 SEVERABILITY CLAUSE .. 57 WAIVER CLAUSE .. 57 PRINTING COSTS .. 57 CONTROLLING CLAUSE .. 57 NO STRIKE - NO LOCKOUT .. 58 NONDISCRIMINATION .. 58 PRE-BUDGETARY NEGOTIATIONS .. 58 DURATION .. 58 NEGOTIATIONS FORMAT .. 59 LEGISLATIVE 59 PERFORMANCE BY DESIGNEE .. 59 ATTACHMENT A: STUDENT EVALUATION OF COURSE AND INSTRUCTOR .. 60 ATTACHMENT B: PERSONAL LEAVE REQUEST .. 61 ATTACHMENT C: GRIEVANCE FORM.

6 62 INDEX .. 67 1 ARTICLE 1 PREAMBLE PREAMBLE In accordance with the public employees COLLECTIVE BARGAINING act, this AGREEMENT has been negotiated and entered into by the Montana State University Northern Federation of Teachers, hereinafter called the Federation and the Board of Regents of Higher Education, the Commissioner of Higher Education and the Chancellor of Montana State University Northern. ARTICLE 2 FEDERATION RIGHTS RECOGNITION The Board of Regents recognizes the Federation as the exclusive BARGAINING representative of all employees covered by this AGREEMENT . BARGAINING UNIT The BARGAINING unit covered by this AGREEMENT shall be composed of all faculty holding academic rank scheduled to teach thirteen (13) or more credit hours per academic year whose current appointment is with Montana State University Northern.

7 Instructional personnel appointed to teach on a semester basis shall be included in the BARGAINING unit when they teach thirteen (13) credits during the academic year in the semester in which they teach the thirteenth (13th) credit. BARGAINING unit member(s) shall hereinafter be referred to as faculty. 2 AGENCY SHOP All present employees covered by this AGREEMENT , in regard to any representation fees toward the Union s administration of this AGREEMENT , shall be afforded rights and responsibilities under current law that is in effect for representation fees during the term of this AGREEMENT . DUES DEDUCTION In accordance with 39-3l-203, , upon written authorization of any faculty member, a payroll deduction for the monthly amount of Federation dues as certified by the secretary of the Federation shall be forwarded to the treasurer of the Federation.

8 INFORMATION AND DATA The Chancellor shall make available to the Federation upon its request and within a reasonable time, such data and financial information as are normally available for public inspection. The Federation shall reciprocally make available similar information to the Chancellor. Neither party shall be required to provide the other with information which is privileged, confidential, or which would require the revelation of personal information of a private nature or which has been gathered or prepared specifically for purposes of preparing for or conducting COLLECTIVE BARGAINING . Lengthy information shall be made available for inspection at its normal place of retention, or upon request, will be duplicated for the other party at cost. ACCESS TO INFORMATION The Commissioner shall supply one copy of the regular Board of Regents' agenda and one copy of the minutes to the Federation at the same time they are mailed to the Board of Regents.

9 3 ADDRESSING THE BOARD Official representatives of the Federation have the right to address the Board of Regents on relevant topics, providing that the Federation notifies the Chancellor and the Commissioner in writing ten (10) working days in advance of any regularly scheduled Board of Regents' meeting. Such notice shall contain a statement regarding the topic and shall be placed on the regular Board of Regents' agenda. ACCESS TO FACULTY The Federation may post notices on agreed upon university bulletin boards and use the university mail service and faculty mailboxes for distribution and receipt of its correspondence. Such correspondence shall receive the same attention as other campus mail and shall conform to the same campus procedures. The administration shall not be held liable for breaches of this article of which they had no foreknowledge.

10 Upon request the Federation shall be provided a time at the beginning of university or campus faculty meetings to make brief reports and announcements. FACILITIES The Federation may meet in university facilities provided that it follows the same procedures for scheduling meetings and reserving facilities as other campus organizations. CONTACTING FACULTY Official Federation representatives may contact faculty at the university but such contact may not interfere with fulfilling normal professional responsibilities. FEDERATION PRESIDENT The Federation President may perform duties which cannot be performed properly other than during normal working hours or are a result of an emergency situation, provided that such duties do not interfere with the Federation President's or other faculty's instructional or other university responsibilities.