COGS Contract
AGREEMENT BETWEEN BOARD OF REGENTS, STATE OF IOWA AND THE UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 896/COGS
Providing terms and conditions of employment for graduate assistant employees at The University of Iowa, July 1, 2007 - June 30, 2009
TABLE OF CONTENTS
ARTICLE I AGREEMENT
ARTICLE II UNION RECOGNITION
ARTICLE III DUES DEDUCTION
ARTICLE IV PUBLIC EMPLOYER RIGHTS
ARTICLE V EMPLOYEE AND UNION RIGHTS
ARTICLE VI APPOINTMENTS
ARTICLE VII HOURS OF WORK
ARTICLE VIII GREIVANCE PROCEDURE
ARTICLE IX WAGES
ARTICLE X HEALTH INSURANCE
ARTICLE XI HEALTHCARE & DEPENDENT CARE SPENDING ACCOUNTS
ARTICLE XII PAID LEAVES AND HOLIDAYS
ARTICLE XIII UNPAID LEAVES OF ABSENCE
ARTICLE XIV TRAVEL AND LODGING
ARTICLE XV ISSUES OF GENERAL APPLICATION
ARTICLE XVI HEALTH AND SAFETY
ARTICLE XVII PERSONNEL FILES
ARTICLE XVIII PERFORMANCE EVALUATIONS
ARTICLE XIX TRAINING
ARTICLE XX COMMUNICATIONS FORUM
ARTICLE XXI DURATION
APPENDIX A UI GRADE CARE - PLAN PROVISIONS
APPENDIX B DENTAL PLAN PROVISIONS
APPENDIX C LETTER OF UNDERSTANDING
APPENDIX D MEMORANDUM OF UNDERSTANDING
APPENDIX E LETTER OF AGREEMENT
APPENDIX F LETTER OF UNDERSTANDING
ARTICLE I
AGREEMENT
Section 1. Parties. This Agreement is entered into effective this 1st day of July 2007, 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.
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.
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 accordance 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.
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:
- Direct the work of its employees.
- Hire, promote, demote, transfer, assign and retain employees in positions within its authority.
- Suspend, discipline or discharge employees for proper cause.
- Maintain the efficiency of University operations.
- Relieve employees from duties because of lack of work or for other legitimate reasons.
- Determine and implement methods, means, assignments and personnel by which the Employer's operations are to be conducted.
- Take such actions as may be necessary to carry out the mission of the Employer.
- Initiate, prepare, certify and administer its budget.
- Exercise all powers and duties granted to the public employer by law.
EMPLOYEE AND UNION RIGHTS
Section 1. Bargaining Unit Information. (A) On a monthly basis, the Employer will provide the Union with a listing of employees
to include the employee's name, local address, local phone, work address, work phone,
job classification, department of appointment, percent of appointment, pay basis for
appointment, and the salary rate expressed as both appointed and monthly amounts.
(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) Fifteen (15) days prior to the fall semester, the Employer shall provide the Union
with a detailed listing of all bargaining unit employees as described 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, 2007. 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 and spring semesters
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.
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, if known, and the
departmental representative to contact for information regarding the appointment and
associated benefits.
(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, if known, and the departmental representative to contact for
information regarding the appointment and associated benefits. 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.
Not later than March 1 for fall semester and summer session appointments, and October 1
for spring semester appointments, each Department shall post the following employment
information for the next academic session:
(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
(E) The above referenced information will be posted on clearly identified bulletin boards
designated by each department and clearly accessible to graduate students. Copies of
such postings will be provided to the Union within ten (10) calendar days of posting dates
listed above. Departments and programs seeking to employ graduate assistants from
other disciplines may also 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/Students/GradAssistBB/
(F) Appointments that become available at other times of the year are not subject to the
posting requirement. When such appointments become available, departments will,
however, give consideration to previous applicants for similar appointments in the
Department during the current academic year.
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:
Standard Appointment Percentages |
Weekly Hours Averaged Over Period of Appointment |
Three quarters (75%) |
30 |
Two-thirds (66.7%) |
27 |
Five-eighths (62.5%) |
25 |
Half (50%) |
20 |
Three-eighths (37.5%) |
15 |
One-third (33%) |
13 |
Quarter (25%) |
10 |
Section 2. Off-Standard Appointments.
The Employer may designate additional "off-standard" percentage appointments in which
the hours of effort are proportionately consistent with the percentages listed in Section
1(c) above. The Employer shall provide a written determination of any "off standard"
appointment to the Union upon request. The employer and its departments shall not use "off standard" appointments to avoid paying minimum salaries or salary increases as
required by the provisions of this Agreement. In the event the Union disputes an "off-standard"
appointment as determined by the Employer, it may raise such grievance at
Level 2.
Section 3. Departmental Review of Appointments. Department chairs shall review each graduate assistant assignment to assure consistency
and that appointment percentages accurately reflect the weekly hours of work averaged
over the period of appointment described in this Article. Departments shall identify the
task areas of the appointment and the approximate time expected to be dedicated to each
of the task areas assigned over the term of the appointment, as either a weekly average or
as a cumulative amount over the term of the appointment. This information will then be
provided in writing to the employee at the beginning of their appointment.
If at any time over the course of an appointment, a graduate employee reasonably
believes that his/her duties routinely require hours which will cumulatively exceed the
hours of effort required by the appointment percentage over its full term, he/she may
raise the matter with the Departmental Executive Officer. If no satisfactory resolution is
achieved, the matter may be raised at Level 2 of the grievance procedure. In the event
that an employee's claim is sustained informally or at any step of the grievance
procedure, the Employer shall increase such employee's salary proportionately to the
extra hours of effort required, or at the Employer's option if there is enough remaining
time in the appointment, shall make an adjustment for the remainder of the appointment
so that hours of effort are decreased proportionally.
ARTICLE VIII
GRIEVANCE PROCEDURE
Section 1. Grievance Definition. A grievance shall be a complaint alleging a violation involving the application and
nterpretation of provisions of this agreement.
Section 2. Representation. Any aggrieved employee may be represented at all stages of the grievance procedure
prior to Level 3 by herself/himself, or at the Union's option by a Union steward selected
or approved by UE/COGS. UE/COGS shall have the right to be present at all levels as a
party of interest.
Section 3. Notification of Stewards. UE Local 896/COGS shall furnish the Employer with a full list of Departmental Stewards
as soon as they become available, but not later than October 1 of each academic year. The
Union shall also inform the Employer of any changes to the Departmental Stewards list
as they become available.
Section 4. Time Limits. Failure to appeal a grievance from one level to another within the time periods hereafter
provided shall constitute a waiver of the grievance. By mutual agreement, the parties may
extend any and all time limits.
Section 5. Adjustment of Grievances. An effort shall first be made to adjust an alleged grievance informally between the
employee (and his/her union steward, if so desired) and the immediate supervisor. Such
informal efforts to resolve the grievance must be initiated within thirty (30) days
following the time at which the aggrieved party could reasonably have been aware of the
grievance. However under no circumstance shall a grievance be considered timely after
twelve (12) calendar months from the date of the occurrence.
Level 1: If the grievance is not resolved through informal discussions, the grievant shall, within forty-five (45) days following the time at which the aggrieved party could reasonably have been aware of the grievance, commit the grievance to writing and describe the nature of the dispute and the remedy sought. The Departmental Executive Officer (DEO), or designee from within the department, shall meet with the grievant (and his/her Union steward, if so desired) and shall give a written decision of the grievance to the parties within fourteen (14) days after receipt of the written grievance.
Level 2: In the event the grievance is not resolved in Level 1, the decision rendered may be appealed to the Dean of the College or Vice President of the division, provided such appeal is made in writing within fourteen (14) days after receipt of the decision in Level 1. If a grievance has been appealed in Level 2 as described above, the Dean/Vice President or designee shall set a mutually satisfactory time to meet regarding the grievance to be held within ten (10) days after receipt of the appeal. Within ten (10) days after the meeting, the Dean/Vice President or designee shall issue a decision to the union and the grievant(s).
Level 3: In the event the grievance is not resolved in Level 2, the decision may be appealed to the Associate Vice President for Finance and Operations and Director of Human Resources, or designee, provided such appeal is made in writing within fourteen (14) days after receipt of the decision in Level 2. If a grievance has been appealed to Level 3, as described above, the Associate Vice President or designee shall set a mutually satisfactory time to hear the grievance within ten (10) days after receipt of the appeal. Within ten (10) days after the meeting, the Associate Vice President or designee shall issue its decision in writing to the parties involved.
Section 6. Employer Time Limits. The failure by the Employer or any of its representatives to give a decision within the
prescribed time limits under this Article shall permit the employee and/or Union to
proceed with the appeal to the next level. Notwithstanding this provision, the Employer
fully accepts its good faith obligation to process grievances, confer with grievant(s) and
their Union representatives, and issue written decisions in accordance with the procedure
described under this Article.
Section 7. Emergency or Grievances of a General Nature. Grievances of a general or emergency nature or grievances affecting a class or group of
employees may be initiated at Level 3.
Section 8. Arbitration Procedure. (A) Request: The Union may submit a grievance to arbitration with the consent of the
grievant (if an individual employee), provided written notice of intent to arbitrate is
delivered to the office of the Associate Vice President for Finance and Operations within
twenty-one (21) days following receipt of the decision in Level 3 of the grievance
procedure.
(B) Selection of Arbitrator: Upon submission of a request for arbitration, the parties may
within ten (10) days after the request to arbitrate, attempt to agree upon the selection of
an arbitrator. If no agreement on an arbitrator is reached, either party may request the
Iowa Public Employee Relations Board (PERB) to submit a panel of seven arbitrators.
Within ten (10) days after receipt of the panel, the parties shall alternately strike names
and the remaining name shall be the arbitrator to hear the grievance. The parties shall
promptly notify the arbitrator of her/his selection.
(C) Hearing: The grievance shall be heard by a single arbitrator and both parties may be
represented by such person or persons as they may choose and designate, and the parties
shall have the right to a hearing at which time both parties will have the opportunity to
submit evidence, offer testimony, and make oral or written arguments relating to the
issues before the arbitrator.
(D) Decision: The arbitrator so selected shall confer with the Employer and Union
representatives and hold hearings promptly and shall issue her/his decision not later than
thirty (30) days from the date of the close of the hearings or, if written briefs have not
been waived, then from the date the final statements and proofs on the issues are
submitted to her/him. The arbitrator's decision shall be in writing and shall set forth
her/his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator
shall not have power to alter, add or detract from the specific provisions of the employees during the term
of this Agreement. The decision of the arbitrator shall be submitted to the parties and shall be
final and binding on the parties.
(E) Expenses: The cost for the services of the arbitrator, including per diem expenses, if
any, and actual and necessary travel and subsistence expenses shall be borne equally by
the Employer and the Union. Any other expenses incurred shall be paid by the party
incurring the same.
ARTICLE IX
WAGES
Section 1. Implementation. Salary increases provided in this Article for those bargaining unit employees on fiscal
year appointments will be implemented July 1 of each year. Salary increases for all other
appointments will be implemented at the beginning of the academic year.
Section 2. Minimum Salaries. (A) 2007-2008. The minimum salary rate for bargaining unit employees during the term
of this Agreement will be $16,277 for a 50% academic year appointment and $19,894 for
a 50% fiscal year appointment.
(B) 2008-2009. The minimum salary rate for bargaining unit employees during the term
of this Agreement will be $16,575 for a 50% academic year appointment and $20,258 for
a 50% fiscal year appointment.
(C) Appointments at a different percent time will receive no less than the prorated
minimum salary rate for the term of their appointment.
(D) Summer Session Teaching Assistant Appointments. The minimum salary rate for
academic year bargaining unit employees during the term of this Agreement will be
calculated as a percentage of the salary of an academic year appointment, as stated here:
- 3-week session (1 course): 2/9 of 50% academic year appointment
- 6-week and 8-week sessions (1 course): 2/9 of 50% academic year appointment
- 6-week and 8-week sessions (2 courses): 2/9 of 100% academic year appointment
(E) Summer Session Teaching Assistant Appointments. Summer session teaching assistants will be paid no less than the minimum salary rate for the previous academic year. Returning bargaining unit employees with academic year appointments who are on a summer appointment will have their base summer salaries calculated on their previous academic year salaries.
Section 3. 2007-08 Academic and Fiscal Year (Returning Employees). (A) Returning bargaining unit employees will receive minimum salary increases of:
- Academic Year (50% Appointment): $292
Fiscal Year (50% Appointment): $357
(B) Returning bargaining unit employees who are continuing at a different percent time
will receive no less than the prorated value of the salary increase for the term of their
appointment.
Section 4. 2008-09 Academic and Fiscal Year (Returning Employees).
(A) Returning bargaining unit employees will receive minimum salary increases of:
- Academic Year (50% Appointment): $298
Fiscal Year (50% Appointment): $364
(B) Returning bargaining unit employees who are continuing at a different percent time
will receive no less than the prorated value of the salary increase for the term of their
appointment.
Section 5. Salary Distribution. The total salary of full semester, full academic year, full fiscal year, full 8-week and full
6-week summer appointments shall be paid in equal monthly installments. The total
salary of other appointments shall be paid in monthly installments proportional to the
percentage of appointment worked per month.
Back to Table of Contents
ARTICLE X
HEALTH INSURANCE
Section 1. Health Insurance.
(A) Plan Choices Bargaining unit employees may choose between UI Grad Care or the
Student Health Insurance Plan. Specific information regarding these plan options is
available through the Benefits Office of the University Human Resources Office. Each
year all eligible employees shall automatically continue coverage under the same
insurance plan as long as they remain eligible for coverage, unless they indicate a desire
to change their coverage. Any changes in plan choices or dependent coverage after the
annual enrollment period must be made within thirty (30) calendar days of any qualifying
event impacting their employment or family status, such as marriage, divorce, birth,
adoption, death or loss of eligibility for coverage by spouse or dependent.
(B) Individual Coverage The Employer will contribute, for bargaining unit employees
with academic or fiscal year appointments who elect the single UI Grad Care Plan, ninety
percent (90%) of the premium cost per month.
The Employer will contribute, for bargaining employees with academic or fiscal year
appointments who elect the single Student Health Insurance Plan, ninety percent (90%)
of the premium cost per month.
(C) Dependent Coverage When dependent coverage is elected by the employee, the
Employer will contribute seventy percent (70%) of the premium cost per month for
dependent coverage (Employee/Spouse, Employee/Children, Employee/Family) toward the UI Grad CarePlan or the Student Health Insurance Plan.
(D) Coverage The provisions of UI Grad Care can be found in Appendix A.
(E) Domestic Partners Same-sex and opposite-sex domestic partners will be eligible for
coverage and for Employer contributions toward Employee/Spouse or Employee/Family
insurance programs, provided they meet the University's standards of eligibility for
domestic partner coverage. No contribution will be made if dependents, spouses or
domestic partners are eligible for coverage under any other substantially equivalent
employer-sponsored plan.
Section 2. Dental Insurance
(A) Employer Contribution The Employer will provide, for bargaining unit employees
with academic year or fiscal year appointments, who elect single coverage, eighty-five
percent (85%) of the premium cost for dental insurance each month. When dependent
coverage is elected by the employee, the Employer will contribute seventy percent (70%)
the premium cost per month for dependent dental coverage (Employee/Spouse,
Employee/Children, Employee/Family).
(B) Coverage Provisions of the dental insurance plan are outlined in Appendix B of this
agreement.
Section 3. Period of Coverage. Bargaining unit employees appointed for a semester will
receive the monthly insurance contribution for the semester appointed. Spring semester
appointments will receive two additional contributions for summer coverage. An
employee commencing an appointment of more than a semester after the beginning of the
academic year shall receive the monthly insurance contribution for the duration of the
appointment, including coverage for the summer. Summer coverage may be waived by a
bargaining unit employee upon written request to the Employer. Insurance contributions
for bargaining unit employees terminating during the term of their appointment will cease
the month in which such termination occurs. Insurance contributions for fiscal year
appointments will cease the month in which the appointment concludes.
Section 4. Employee Contributions. The cost of any health or dental insurance plan
elected by the employee in excess of the Employer's contribution shall be paid by the
employee through monthly payroll deduction.
Section 5. Double Spouse Credit. The Employer will provide the full cost of the health
and dental plans selected, if and only if, both members of an employee-spouse/domestic
partnership are members of the bargaining unit. This double spouse credit only applies to
the Grad Care or Student Health Insurance plans.
Section 6. Insurance Increases. Any changes in premium and resulting contribution
rates will be effective on September 1 of each year.
Section 7. Eligibility. To be eligible for Employer contribution as provided in this
Article, an employee must be on an appointment of at least a semester and at least a 25%
appointment. Employees with an appointment of less than a semester appointment shall
not be eligible for Employer contribution, but may participate in an insurance plan at the
employee's own expense through payroll deduction.
ARTICLE XI
HEALTHCARE & DEPENDENT CARE SPENDING ACCOUNTS
Section 1. Spending Accounts. Bargaining unit employees may enroll in pre-tax spending accounts through payroll
deduction, to provide reimbursement for qualified healthcare and dependent care
expenses, on the same terms and conditions as other University staff. The University
retains the right to make changes in the administration of these accounts, consistent with
Internal Revenue Service regulations, and will notify the Union of such changes affecting
bargaining unit employees.
ARTICLE XII
PAID LEAVES AND HOLIDAYS
Section 1. Paid Leaves. (A) All employees with at least an academic year appointment shall be allowed two (2)
weeks of absence, without pay dedction.
(B) All employees who serve fiscal year appointments shall be allowed three (3) weeks of
absence without pay deduction.
(C) All paid leave must be scheduled with the approval of the employee’s supervisor, to
assure the maintenance of University operations. Such approval will not be unreasonably
denied.
(D) In the event that the Employer specifically requires the employee to remain at work
during previously approved leave time, the department shall give such employee thirty
(30) days notice except in case of emergency. At such time, the Employee and the
Department shall reschedule the leave time.
Section 2. Sick Leave.
(A) Employees may be absent due to illness without loss of pay not to exceed 13.5 days
during an academic year appointment, and 18 days during a twelve-month appointment.
Different appointment periods will receive sick leave on a proportionally equivalent
basis.
(B) For purposes of this provision, a day of sick leave means a day an employee is
scheduled to work and is absent due to illness.
(C) If an employee has exhausted paid sick leave due to illness, he/she may request an
unpaid leave of absence which will be granted at the sole discretion of the employer
consistent with any applicable State or Federal regulations, or alternatively may request
additional paid sick leave in accordance with Section 5 below.
Section 3. Family Illness Leave.
Employees may use available sick leave for care of and necessary attention to ill or
injured members of the immediate family (as defined in Section 4 of this article) or for
parental leave including birth and adoption. Use of sick leave for this purpose is limited
to five (5) work days per year.
Section 4. Bereavement Leave. (A) Employees may use available sick leave for three (3) work days when a death occurs
in the employee's immediate family.
(B) For purposes of this section, the term "family" shall mean spouse, domestic partner,
child, step child, foster child, parent, step parent, foster parent, grandparent, grandchild,
sibling, brother-in-law, sister-in-law, or parent-in-law, and corresponding relatives of the
employee's spouse/partner.
Section 5. Additional Paid Leave. Notwithstanding the provisions of Section 1-Paid Leave, Section 2-Sick Leave, Section
3-Family Illness Leave, and Section 4-Bereavement Leave, departments may grant
additional paid leave. Such leaves may be granted provided the department determines
the employee is able to meet the time and effort obligation reflected in the percentage of
appointment over the full term of his/her appointment as defined in Article VII, Section
1.
Section 6. Jury Duty.
(A) Employees on jury duty will not incur a loss of pay for time spent on jury duty. Upon
return from jury duty the employee shall remit any amount of pay received for jury
service to the employer, less any amount paid for travel or personal expenses.
(B) An employee summoned as a juror shall immediately inform his/her supervisor of the
absence. An employee who reports for jury duty and is dismissed shall be expected to
resume his/her normal duties following dismissal from service.
Section 7. Coverage Responsibility. In the event of absence of a teaching assistant pursuant to this Article, it is the
responsibility of the teaching assistant, if necessary with the assistance of the department,
to arrange coverage of classes with the approval of the teaching assistant's supervisor, if
possible.
Section 8. Holidays. (A) Employees shall receive the following paid holidays which occur during the term of
their appointment:
New Year's Day
Dr. Martin Luther King, Jr.'s Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Day
A day before or after Christmas Day
(B) Monday will be recognized as a holiday for all holidays occurring on a Sunday and
Friday for all holidays occurring on a Saturday.
(C) Employees may be absent for the above holidays unless the department specifically
requires the employee to be on duty. At such time, the department and the employee shall
schedule alternate paid time off. Departments will make an effort to minimize holidaywork for employees and if it requires work on a oliday, shall provide such employee(s) with no less than thirty (30) days written notice, whenever feasible.
ARTICLE XIII
UNPAID LEAVES OF ABSENCE
Section 1. Personal Leave of Absence. (A) An employee may be granted an unpaid leave of absence during the term of his/her
appointment, upon request to and at the sole discretion of the Employer.
(B) Additionally, the Employer shall authorize leave requests in accordance with the
provisions of the Family and Medical Leave Act of 1993.
Section 2. Union Leaves of Absence. (A) A graduate employee may be granted an unpaid leave of absence, not to exceed
twelve (12) months, to take a job with UE Local 896/COGS, provided that the request for
the UE Local 896/COGS leave of absence is made at least thirty (30) days in advance of
the start of his/her appointment. The Employer may grant an extension of such an unpaid
leave of absence for an additional period, not to exceed twelve (12) months.
(B) If a graduate employee takes a job with UE Local 896/COGS, the time in which a
graduate employee serves in that position shall not be counted for any purposes as time
spent working for the Employer.
(C) A graduate employee who takes a job with UE Local 896/COGS, but maintains
his/her status as a student may purchase insurance benefits provided by this agreement.
(D) Duly elected Union delegates or alternates to meetings of UE shall be granted time
off, without pay, not to exceed a total of ten (10) work days annually.
This time taken off pursuant to this section may be charged to paid leave of absence as
provided in Article XI, Section 1, Paid Leaves or Leave of Absence without pay as the
individual employee may designate.
The Union shall give the Employer at least ten (10) days advance notice of the employees
who will be attending the meetings of UE.
Article XI, Section 7, Coverage Responsibility would also apply to leave pursuant to this
Section.
ARTICLE XIV
TRAVEL AND LODGING
Section 1. Travel and Lodging. When bargaining unit employees are required to travel related to their employment, they
will be reimbursed for their travel and lodging expenses consistent with University policy
as applied to other University faculty and staff.
ARTICLE XV
ISSUES OF GENERAL APPLICATION
Section 1. Retention of Benefits.
The employer agrees that prior to making any change in a written University-wide policy,
which is a mandatory subject of bargaining and not otherwise covered by this Agreement,
to meet and confer with the Union in an attempt to reach an agreement. In the event the
parties are unable to reach an agreement, the matter will be submitted to arbitration
pursuant to Article VIII of this agreement. The sole issue to be considered by the
arbitrator is whether the proposed change represents a deterioration of an existing benefit.
If the arbitrator determines that the proposed change does represent a deterioration of an
existing benefit, the employer shall not make the change. In the event the parties are
unable to agree as to whether a policy is a mandatory subject of bargaining, the question
will be submitted to the Public Employee Relations Board.
Section 2. Work Rules.
(A) The Employer agrees to establish reasonable work rules. The Union reserves the right
to grieve the application or reasonableness of any work rule so established. These work
rules shall not conflict with any of the provisions of this Agreement. Newly established
work rules or amendments to existing work rules shall be reduced to writing and
furnished to the Union at least fourteen (14) calendar days prior to the effective date of
the rule. For purposes of this Article, work rules are defined and limited to: "Rules
promulgated by the Employer within its discretion which regulate the personal conduct of
employees.”
(B) At the beginning of each appointment, the department shall review any work rules or
departmental policies relevant to the appointment, not limited to but including the access
and use of office supplies and equipment, including computers, printers and copiers
related to employment as determined by the employer, and any health safety and security
policies that may be relevant to their employment. Any questions regarding these rules
and policies during the term of the appointment should be addressed to the individual
supervisor or their designee.
Back to Table of Contents
ARTICLE XVI
HEALTH AND SAFETY
The Employer agrees to provide a safe work environment for bargaining unit employees,
consistent with applicable State and Federal regulations. The Union agrees to bring issues
of concern to the Employer and work with the Employer to find constructive resolution.
ARTICLE XVII
PERSONNEL FILES
Section 1. Personnel Files.
(A) The Employer will maintain personnel files for each bargaining unit employee. Only
documents which pertain to the individual's employment and/or job performance will be
included in such files. Documents which pertain only to an employee's academic progress
will not be included in a personnel file.
(B) Employees will have the right to inspect their personnel files at a reasonable time and
place as scheduled by the Employer. Access to personnel files will be limited to
authorized representatives of the Employer, the employee, and a Union representative if
so designated in writing by the employee.
(C) An employee shall have the right to respond to all materials contained in her/his file.
Such responses shall be attached to the related report and become part of the personnel
file.
(D) An employee may request in writing removal of any item in the file. Such request for
removal must be received no later than ninety (90) days after placement of the item in the
file. The written request shall also contain a rationale for the requested removal. If the
Dean and the Provost agree, the item shall be removed from the personnel file. If the
Dean and the Provost deny the request for removal, they will notify the employee in
writing within thirty (30) days from the date of written request including the reason for
denial.
(E) Any complaints directed toward an employee which are placed in her/his personnel
file shall be promptly called to the employee's attention in writing and identified as being
added to the file.
(F) The employee shall have the right to copies of contents of the file at her/his expense
pursuant to 91.B1 of the Iowa Code.
ARTICLE XVIII
PERFORMANCE EVALUATIONS
Section 1. Performance Expectations. At the beginning of each appointment, the supervisor shall provide the employee with
their expectations for performance in the position. This shall include any expectations for
effort allocation, teaching or research methods, communication requirements, and include
the criteria on which any job performance evaluation will be made, as well as when such
evaluation will be provided.
Section 2. Performance Evaluation. (A) The employee shall be evaluated based upon criteria related to their job performance,
skills and professional development. Forms and criteria used for performance evaluations
may vary by department. Each department may develop its own standard scale for
evaluating employees. The evaluation form shall include an overall assessment of the
employee's performance.
(B) Any evaluation shall be reviewed by the evaluator with the employee upon its
completion. The employee shall sign the evaluation form to indicate that the evaluation
has been discussed with the employee and that the employee has received a copy of the
evaluation. Signature of the employee does not necessarily mean that the employee
agrees with the evaluation. Employees shall have five (5) working days to provide a
written response to or comments on their evaluations. Such response and/or comments shall be attached to the evaluation.
(C) An employee shall have the right to grieve an evaluation only if the overall assessment
is less than satisfactory and such evaluation results in an adverse action by the Employer.
ARTICLE XIX
TRAINING
The Employer will provide instructional assistance for teaching and research assistants
when warranted. This may include assistance in the areas of teaching methods,
evaluation of student performance, oral and written communication, subject matter,
research methods and/or laboratory procedures. Employees may suggest topics for
training, to be provided at the discretion of the Employer.
ARTICLE XX
COMMUNICATIONS FORUM
Section 1. Purpose. A Communications Forum is established to create an opportunity for the exchange of
views and information between the Employer and the Union regarding the administration of this collective bargaining agreement and dialogue between the parties relating to other
items of concern.
Section 2. Meetings. The parties agree to meet and confer upon the written request of either party once each
semester of the contract years covered by this Agreement, or more as mutually agreed by
the parties. The parties shall endeavor, whenever practical, to schedule such meetings
within thirty (30) days of the original request. The party requesting the meeting shall
provide an agenda with the request outlining the subject matter(s) to be discussed. The
other party may add items to the agenda by notifying the other party within (10) business
days of receipt of the initial agenda. The parties may modify these parameters by mutual
agreement.
Section 3. Membership.
Each party shall designate its own committee members, not to exceed seven (7) members.
Such members shall be provided release time to attend scheduled meetings. Additional
parties may attend by mutual agreement to present information related to the agenda.
Section 4. Scope of the Committee. The Committee may discuss the subjects of this agreement, its administration, health and
safety, human resources, pedagogical concerns and other items of interest. Nothing in
this Article shall create any obligation on the parties, other than to afford each the
opportunity to be heard regarding items of concern. The Committee shall have no power
to amend, modify or supplement the terms of this Agreement or to adopt, alter or amend
the policies or practices of the Employer.
ARTICLE XXI
DURATION
Section 1. Term. This agreement shall remain in full force and effect for a period of two years from July 1,
2007, and shall thereafter be continued for a period of two years until it expires on June
30, 2009.
Section 2. Successor Agreement. Negotiations for a successor Agreement shall commence on or about November 1, 2008,
and proceed in accordance with Iowa law. If the parties fail to conclude a voluntary
successor agreement, the impasse procedures of Chapter 20, Iowa Public Employee
Relations Act shall be utilized.
Section 3. Effect.
This agreement constitutes the entire collective bargaining agreement between the Union
and the Employer and concludes collective bargaining for its term except as provided
elsewhere in this Article.
Section 4. No Waiver. (A) Nothing in this Article waives any right or duty to bargain under the provisions of
Chapter 20, Code of Iowa.
(B) Nothing in this Article waives any right the Union may have to bargain with the
Employer concerning changes the Employer may wish to implement in matters not
covered by this Agreement, but which are mandatory subjects of bargaining under
Chapter 20 of the Code of Iowa.
Section 5. Signature. In witness whereof the parties hereto have caused this Agreement to be signed by their
respective representatives and their signatures placed thereon, all on the 15th day of
March, 2007.
Gary Steinke
Executive Director,
Board of Regents, State of Iowa
Heather Waddell Gruber
President, UE Local 896/COGS
Ian Besse
Campus Chief Steward
Christopher Burgess
Blue Area Chief Steward
Jeffrey R. Yager
Green Area Chief Steward
Juan Ariel Ortiz-Navarro
Red Area Chief Steward
MaryAnn Martin
Yellow Area Chief Steward
Patrick Oray
At-Large Committee Member
APPENDIX A: UI GRAD CARE - PLAN PROVISIONS
1. Co-insurance Percentage - 10%
2. Out-Of-Pocket Limit - Single/Family $1,100/$1,700; Drug Card - $1,100/$1,700
3. Pre-existing Condition Waiting Period - None
4. Pre-approval of Inpatient Admissions - Required
5. Second Surgical Opinion - Voluntary
6. Prior Approval for Outpatient Surgery - Physician Discretion
7. Benefits Available from Nonmember Providers - Not available without approved
referrals.
8. Preventive Care Office Calls - $0
9. Routine Physicals - $0, lab tests and materials - 10% co-insurance
10. Well-Child Care - $0, including required immunizations
11. X-Ray and Lab - 10% co-insurance
12. Routine Eye Exam - $10 co-payment ($0 at UIHC)
13. Hearing Exam - $10 co-payment
14. Room & Board - 10% coinsurance after $75 daily deductible. Pre-approval of
admission required. Semi-private room.
15. In-Hospital Physician Services - 10% co-insurance
16. Inpatient Surgery - 10% coinsurance
17. Out-patient Surgery - 10% coinsurance
18. Inpatient Supplies/Drugs - 10% coinsurance
19. Inpatient Tests, ICU, Operating Room, specialized care, etc. - 10% coinsurance
20. Immunizations - $10 co-payment, $0-children required immunizations
21. Allergy Treatments - $10 co-payments
22. Chiropractor - $10 co-payment, referral for over 12 visits
23. Ambulance - 10% co-insurance
24. Organ Transplants - prior approval
25. Emergency Room Care - 10% coinsurance after $25 co-payment
26. Physical Therapy - 10% coinsurance
27. Blood, etc. - 10% coinsurance
28. Durable Medical Equipment - 10% coinsurance
29. Outpatient Chemotherapy - 10% coinsurance
30. Speech, Occupational & Respiratory Therapy - 10% coinsurance
31. Dental Accident Care - 10% coinsurance within 6 months of injury
32. Dependent Child Age Limit - 19 or unlimited if full-time student
33. Lifetime Maximum - none
34. Prescription Drugs - Rx Card $7 or 25% whichever is greater
35. Contraceptives - covered
36. Mental Health - 10% coinsurance with pre-authorization, 50% without preauthorization.
37. Outpatient Substance Abuse - 10% coinsurance
38. Employees and their families must use a University of Iowa provider and facility for
their health services. These providers include the Student Health Clinic (restricted to
only University students), Family Practice, Internal Medicine, Obstetrics and
Gynecology, Pediatrics, or any of the University Community Health Clinics, such as the
North Liberty and the Southeast Iowa City Clinic. Benefits under this plan are also
provided for services received from out-of-area providers in cases of emergencies or
accidental injuries, referrals under special circumstances, and for individuals temporarily
living out of the area who have notified the University Benefits Office before leaving the
area. A separate panel of providers is available for mental health and substance abuse
care provided under 36 and 37 above.
APPENDIX B
DENTAL PLAN PROVISIONS
(Co-payment: Plan/Member)
Diagnostic and Preventive Services: 100% / 0%
Routine and Restorative Services: 80% / 20% after $25 deductible per year for single, $75 for family
Major Restorative Care: 50% / 50% after $25 deductible per year for single, $75 for family
Orthodontics: No coverage
Maximum annual benefit of $1,000 per person, exclusive of accident care.
APPENDIX C
LETTER OF UNDERSTANDING
With respect to the application of Article XI, Section 5 Additional Paid Time Off, the Employer and the Union agree that this provision empowers Departments to follow their usual procedures with respect to employees' absence from campus without loss of pay during the intersession period between Fall and Spring semesters, or Spring and Summer sessions. It is not the intention of the Union or the Employer to expand such absences to departments or job assignments where no procedure for such intersession absences exist. However, in such cases the Employer may grant such leaves on a case-by-case basis.
| Gary Steinke, Executive Director Board of Regents, State of Iowa | Heather Waddell Gruber, President, UE Local 896-COGS |
| March 15, 2007 | March 15, 2007 |
APPENDIX D
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into between the Board of Regents, State of Iowa (hereinafter referred to as the "Employer") and the United Electrical, Radio and Machine Workers of America, Local 896-COGS, (hereinafter referred to as the "Union") as follows:
1. The Employer and the Union, through this Memorandum of Understanding, wish to affirm and acknowledge the dedication of both parties to the promotion of human rights and the elimination of discrimination.
2. Therefore, the parties affirm and support the University's Policy on Human Rights which provides that "in no aspect of its programs shall there be differences in the treatment of persons because of race, creed, color, national origin, age, sex, disability, sexual orientation, gender identity, or any other classification that deprives the person of consideration as an individual, and that equal opportunity and access to facilities shall be available to all."
3. Furthermore, complaints involving the interpretation, administration, or the enforcement of the Human Rights Policy are not subject to the formal grievance procedure in the collective bargaining agreement between the parties. Instead, the parties agree that employees may utilize the human rights enforcement procedures established by the University policy or as provided by law. Consistent with the University's informal human rights complaint procedures including sexual harassment informal complaint procedures, bargaining unit employees, accompanied by a union representative and/or other advocate of the employee's choice (if so desired), may pursue resolution of an employment-related complaint by meeting with their immediate supervisor. If the complaint is not resolved, it may be taken up with the departmental executive officer. Similarly, if the complaint is not resolved, it may be taken up with the appropriate dean, vice president or designee. The dean, vice president or designee will provide a written response to the complaint within thirty (30) days at the employee's request. At any point during the informal process, or if the complaint is unresolved with the vice president, dean or designee, bargaining unit employees, with or without the assistance of the union representative and/or other advocate, may initiate a formal human rights complaint or a formal sexual harassment complaint with the University's Office of Affirmative Action or the Charter Committee on Human Rights as applicable, or the appropriate external agency established by law.
4. Nothing in this Memorandum of Understanding shall be construed to restrict the University from modifying its policy on Human Rights using its procedures for policy development and revision, including procedures through the University's Office of Affirmative Action and through the Charter Committee on Human Rights.
This Memorandum of Understanding shall remain in full force and effect for a period of two years from July 1, 2003 through June 30, 2005.
| Gary Steinke, Executive Director Board of Regents, State of Iowa | Heather Waddell Gruber, President, UE Local 896-COGS |
| March 15, 2007 | March 15, 2007 |
APPENDIX E
LETTER OF AGREEMENT
Whereas, this Letter of Agreement is entered into between the Board of Regents, State of Iowa (hereinafter referred to as the "Employer"), and the United Electrical, Radio and Machine Workers of America, Local 896-COGS (hereinafter referred to as the "Union"), and
Whereas, the Employer and the Union are parties to a collective bargaining agreement covering the period July 1, 2007 through June 30, 2009, bearing the same date as this Letter of Agreement, the parties have agreed to the following:
Effective with the fall 2003 academic term, all bargaining unit employees appointed for a total of twenty-five percent (25%) or more for the entire semester, academic year or fiscal year will be assured a minimum tuition scholarship The minimum tuition scholarship will be defined in relation to a full time load of nine (9) semester hours, and shall be prorated for a lesser number of credit hours enrolled for fall and spring semesters.
In the first year of the collective bargaining agreement, 2007-2008, all contract-covered employees appointed at twenty-five percent (25%) or more will receive at least $1,962 tuition scholarship each semester. (See Illustration 1).
In the second year of the collective bargaining agreement, 2008-2009, all contract-covered employees appointed at twenty-five percent (25%) or more will receive at least $2,477 tuition scholarship each semester. (See Illustration 2).
Nothing in this agreement is intended to reduce the tuition scholarship for any graduate student employees currently receiving a tuition scholarship.
On an individual basis, employing units may exceed the minimum level of tuition scholarship provided in this Letter of Agreement.
| FOR THE EMPLOYER | FOR THE UNION |
| Gary Steinke, Executive Director Board of Regents, State of Iowa | Heather Waddell Gruber, President, UE Local 896-COGS |
| March 15, 2007 | March 15, 2007 |
Minimum Tuition Scholarship/Semester
0-2 |
3 |
4 |
5 |
6 |
7 |
8 |
9+ |
$436 |
$654 |
$872 |
$1,090 |
$1,308 |
$1,526 |
$1,744 |
$1,962 |
0-2 |
3 |
4 |
5 |
6 |
7 |
8 |
9+ |
$550 |
$826 |
$1,101 |
$1,376 |
$1,651 |
$1,927 |
$2,202 |
$2,477 |
APPENDIX F
LETTER OF UNDERSTANDING
Should §20.9 of the Iowa Code be amended to provide for fair share deductions as a
mandatory subject of bargaining, both parties mutually agree, pursuant to Iowa Code
20.17(7), to reopen the 2007-2009 bargaining agreement only to negotiate regarding fair
share as it applies to members of the UE Local 896/COGS bargaining unit.
| FOR THE EMPLOYER | FOR THE UNION |
| Gary Steinke, Executive Director Board of Regents, State of Iowa | Heather Waddell Gruber, President, UE Local 896-COGS |
| March 15, 2007 | March 15, 2007 |
