13.1 HEALTH INSURANCE
13.1.1 The University will continue to offer members health insurance,
consisting of pharmacy, dental and vision plans and a choice
of medical plans among a PPO, HMO and POS. These plans are further
described in Appendix B and are effective through December 31,
1998.
13.1.2 All employee paid premiums will be collected through payroll deduction on a pre-tax basis, pursuant to the University=s Section 125 Employee Benefit Plan. During the term of this agreement the University will contribute monthly toward the cost of medical, pharmacy, dental and vision insurance as described below:
1997
| Single | 2 Party | Family |
| 122.26 | $252.98 | $371.59 |
| HMO | ||
| $121.54 | $263.56 | $384.87 |
| $120.25 | $260.54 | $380.75 |
1998
During the 1998 plan year, the University will increase its total contribution per individual member above the total amount it contributed in 1997 to cover half of any increase in the quoted rate by up to 3.5% in the PPO, by up to 2.5% in the HMO and POS plans, and by up to 3% in the pharmacy, dental and vision plans. The member will be responsible for the remaining amount.
13.1.3 There shall be a limited reopener for the sole purpose of negotiating health insurance for members after December 31, 1998. The parties, including the University, UT-AAUP, and other UT bargaining units, shall meet no later than May 1, 1998 to commence such negotiations.
13.1.4 If a full-time employed spouse and/or dependent of a member declines similar (i.e. schedule of benefits, cost to the individual) hospitalization coverage from his/her employer because he/she elected a different benefit or cash payment, said spouse and/or dependent shall not be eligible for University coverage.
A spouse or eligible dependent enrolled in employer paid hospitalization
insurance who loses such coverage, and who would otherwise be
eligible for participation in a University plan, shall be permitted
immediate enrollment (no waiting period) and shall not be subject
to medical underwriting or any pre-existing condition(s) clauses
or waivers.
13.1.5 Where both a husband and wife are employed by the University,
they shall have the option to take only one (1) family policy
or a single health insurance policy each.
13.1.6 Members shall continue to be eligible to participate in
the University=s Section 125 benefit plan pursuant
to the terms of that plan.
13.1.7 The existing joint benefits
committee shall continue for the life of this agreement.
13.2 OTHER INSURANCE
13.2.1 The Employer will continue to provide members term life and accidental death and dismemberment insurance at no cost to the member in the amount of 2.5 times salary for those on nine (9) month appointment and 2.045 times salary for those on twelve (12) months appointment, rounded upward to the next highest $1,000. Supplemental and dependent life insurance may be purchased at group rates.
13.2.2 Members shall continue to be covered, for the life of this Agreement, by travel insurance as was in effect on March 30, 1993 or equal.
13.3 RETIREMENT
Members will continue to be enrolled in the State Teachers Retirement System (STRS) as per statute. Employee contributions will continue to be "picked up" from the member=s pay and paid to the retirement system on a pre-tax basis.
13.3.1 Retirement Incentive Program
A STRS Retirement Incentive Plan of one (1) year purchased STRS credit for every five (5) years service credit in STRS up to a maximum purchase of three years service credit will be effective from January 1, 1999 through January 1, 2000. In accordance with the STRS Retirement Incentive Plan Guide, the number of years purchased may not exceed twenty percent (20%) of the years in STRS.
13.3.1.1 The number of faculty eligible for this option is limited to ten percent (10%) of the total number of The University of Toledo members in the State Teachers Retirement System, regardless of bargaining unit status, as of January 1, 1999.
13.3.1.2 This option shall be made available on the basis of seniority to STRS members who meet the criteria described above and who also qualify to retire under STRS Retirement Incentive Plan Guidelines; that is, the faculty member with the greatest number of years of service in a STRS covered position at The University of Toledo having the first right of participation.
13.3.1.3 The determination of the time at which the faculty member will retire shall be arrived at by mutual agreement of the faculty member and the Employer.
13.3.1.4 In order to properly apply the seniority roster, faculty shall notify the Assistant Vice President for Academic Affairs-Faculty Relations of their intent to make use of this benefit no later than September 1, 1998. Included in this request shall be their anticipated date of retirement.
The Assistant Vice President for Academic Affairs-Faculty Relations shall respond to faculty requests by October 1, 1998.
13.3.1.5 Except for faculty retiring on January 1, 1999, faculty applying for this benefit shall submit a letter of resignation of their employment at least 100 days prior to the effective date of their retirement.
13.4 TAX SHELTERED ANNUITIES
The Employer agrees that, pursuant to Internal Revenue Code (IRC) Section 403(b), and subject to the restrictions and limitations outlined below, a member may enter into a salary reduction agreement pursuant to which the member will agree to have a reduction in the member=s salary and the Employer will forward the amount equal to the reduction in the member=s salary to an annuity contract or custodial account that is qualified under IRC Section 403(b) (a Atax-sheltered annuity@ or ATSA@). The following restrictions and limitations apply with respect to such matters:
13.4.1 The Employer may restrict the timing of the member=s salary reduction elections to comply with the requirements of federal tax laws. Each member must enter into a written salary reduction agreement which is provided by the Employer.
13.4.2 Members are responsible for limiting the amount of their contributions to the maximum amount that, under the federal tax laws, may be tax-deferred in any year. The Employer may, but is not required to, restrict or limit contributions on behalf of the members to the extent that it believes that the total contributions for a member will exceed the maximum tax-deferral limits in effect for any year.
13.4.3 In accordance with Ohio Revised Code (ORC) Section 9.91, the Employer may require that a minimum of ten (10) salary reduction agreements be established with and maintained by an annuity or custodial account provider or broker in order for the Employer to make contributions to or through such entity.
13.4.4 In accordance with ORC Section 9.91, the Employer may require all tax-sheltered annuity providers or brokers to execute a reasonable hold harmless agreement protecting the Employer from liability.
The Employer will make reports to the Internal Revenue Service (e.g. Form W-2s) and withhold federal, state school district and local income taxes and employment taxes as it believes it is required to do by law.
13.5 COURSE PRIVILEGES
Members can take up to a maximum of two (2) courses (6-8 credit hours) per semester at the University without payment of fees. All payments must be approved each term by the Vice President for Academic Affairs. The request for fee payment form must be received in the Office of the Vice President for Academic Affairs at least five (5) days before registration. This benefit is not cumulative. Credit hours not used in one semester may not be used in a subsequent semester.
13.5.1 A member may enroll in a maximum of eight (8) hours of credit toward an advanced degree in any semester in which the member is employed full-time. Members may also take undergraduate, law, and special interest courses on campus.
13.5.2 Members with nine (9) month appointments, who have been in residence for one academic year, and who have an appointment for the following academic year may
13.5.2.1 Elect to study full time during the summer term with no University responsibilities and may have the fees for a maximum of eight (8) credit hours at the University paid by the University during any summer term.
13.5.2.2 Be employed in Summer Session I or II and earn credit towards an advanced degree only in the summer term in which they are not employed and a have a maximum of four (4) credit hours at the University paid by the University during any summer term.
13.5.2.3 Be employed in Summer Session III or IV and earn up to seven (7) credit hours towards an advanced degree during the summer term by enrolling in no more than one (1) course in summer sessions I and II and have fees paid for a maximum of four (4) credit hours for the term.
13.6 DEPENDENT TUITION WAIVER
13.6.1 For the purpose of this article, spouse shall be defined as the legal spouse of a member. The spouse of a member shall not be eligible for fee payment benefits until the member has completed one academic year of University employment.
13.6.2 For the purpose of this article, dependent shall be defined as an individual dependent child who is eligible to be considered a personal exemption under the provisions of ' 151 of the Internal Revenue Code. The dependent child of a member shall not be eligible for fee payment benefits until the member has completed one academic year of University employment.
13.6.3 Payment of academic fees shall include instructional fee, matriculation fee, application fee, tuition surcharge, recording fee, music fee, college-level examination program examination fee and general education development examination fee.
13.6.4 The spouse of a member hired prior to December 31, 1995 shall be eligible for payment of the general fee and all academic fees, except the special music fee, for undergraduate or continuing education courses. The spouse of a member hired by the University after December 31, 1995 shall be required to pay all general fees, except the special music fee.
13.6.5 The dependent child of a member shall be eligible for payment of all academic fees for undergraduate courses.
13.6.6 In the case of the death of a member who has completed five (5) years of service with the University, the fee payment entitlement shall continue for the surviving spouse so long as the spouse has not remarried and for any dependent children of the decedent, including any child conceived but not born at the time of the member=s death. Fee payment benefits for the surviving spouse and/or children of a deceased member shall be administered in accordance with the collective bargaining agreement in effect at the time the entitlement is used.
13.6.7 The number of University of Toledo employees and spouses permitted to enroll in UT non-credit (special interest) courses via fee waiver may be restricted. Limits will be determined on the circumstances of each class situation by the Dean of University College.
13.6.8 When a member resigns during the term in which a fee payment waiver is in effect for the member, spouse or dependent, child, the cost of the course(s) must be paid on a pro-rated basis.
13.6.9 Examination and Diploma Fees
Fees may be waived for college-level examination program and general educational development examinations administered by the University. The University will waive payment for up to 75 hours of earned credit hours for passing any or all of the five examinations.
All fees may be waived for advance standing examinations except the national league of nursing exam in which only the recording fee may be waived.
The diploma fee will not be waived.
13.6.10 If the fee benefits covered in article 13.6.1 through 13.6.9 are increased for other groups of University employees, these increases will apply to this bargaining unit also.
13.7 PARKING
The Employer will provide members with optional on campus parking privileges. The charge for this privilege shall be $56.00 per year which may be paid via payroll deduction.
13.8 RECREATION/PHYSICAL FITNESS FACILITIES
Members may continue to utilize campus recreation/physical fitness facilities in accordance with policies in effect on March 30, 1993.
13.9 PAY OPTIONS
The Employer will provide full-time, 9 month members with the option of receiving their academic year salary on a 26 (27 every 10th year) bi-weekly pay plan.
13.10 DIRECT DEPOSIT
The Employer will provide for automatic direct deposit from a member's paycheck in a bank or credit union account via the Financial Institution Clearing House with a limit of two (2) such deposits per paycheck.
13.11 DISABILITY INSURANCE
The Employer will cover members with enhanced long-term disability insurance. Said insurance will "wrap around" similar coverage provided by the State Teachers Retirement System and will provide, after 180 continuous calendar days of disability, 60% of base salary plus 15% until supplemental retirement benefits until the disability is removed or the member reaches normal retirement age under STRS, whichever occurs first. When a member becomes eligible to draw upon this insurance benefit, the member shall be placed in inactive pay status and shall cease to earn salary, leave and other benefits.
13.12 PROFESSIONAL LIABILITY INSURANCE
The Employer shall maintain, for the life of this Agreement, its professional liability insurance policy in effect on March 30, 1993, or equal.
13.13 T.I.R.E.S.
The Employer will, for the life of this Agreement, continue its membership in the Toledo Industrial Recreation Employee Service Council (T.I.R.E.S.).
13.14 TICKETS TO UNIVERSITY EVENTS
The Employer shall, for the life of this Agreement, maintain its policy, as of March 30, 1993, on the purchase price for faculty of tickets to athletic and certain other events.
13.15 BENEFITS INFORMATION
Members shall be provided with written descriptions of all benefit programs available to them within ninety (90) days of the effective date of this Agreement and on an annual basis thereafter.
14.1 PAID SICK LEAVE
14.1.1 Members shall earn sick leave at the rate of 0.575 days for each completed bi-weekly period of service in pay status. There is no limit on the amount of sick leave which may be accumulated.
14.1.2 Members who retire with ten (10) or more years of service with the University, or die, shall be paid for up to thirty (30) days of accumulated and unused sick leave if on the University's payroll before July 1, 1993.
14.1.3 Members shall use sick leave for absence due to personal injury, illness (including maternity related disability and adoption of pre-school children) and exposure to contagious disease which could be communicated to other employees and for serious illness or injury to a member of the member's immediate family defined as spouse, parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, or a legal guardian or other person who stands in the place of parent (in loco parentis).
14.1.4 The federal Family and Medical Leave Act of 1993, as amended, shall be followed.
14.1.5 Members on paid sick leave will receive their regular compensation during the period of leave, including any salary increases, promotions, awards of tenure, or any other rights which they would have received had they not been on sick leave.
14.1.6 When a member is unable to report to work the member shall promptly notify the member's department chairperson or equivalent supervisor and, if possible, indicate an expected time of return.
14.1.7 When absence has exceeded fifteen (15) consecutive calendar days the member, as a condition of returning to work, shall present a release from the member's personal physician, stating that the member is fit to return to work, to the University Health Service. The University Health Service may confirm said release with member's personal physician.
14.1.8 Members seeking to utilize sick leave shall not routinely be required to state the nature of the illness. However, members exhibiting an abusive pattern of absences may be required to submit a physician's statement justifying use of sick leave.
14.1.9 A Sick Leave Bank will be established to assist employees who are unable to perform their job duties as a result of a catastrophic personal illness or a personal injury. If the employee is not eligible to receive long-term disability insurance, the employee must exhaust all existing sick and vacation leave balances before enjoying access to the Sick Leave Bank (Appendix D). Once the employee is eligible to receive long-term disability insurance, he/she will no longer be eligible for Sick Leave Bank benefits. The award or denial of sick leave bank credits shall not be subject to the grievance procedure.
14.2 VACATION
Members on twelve (12) month appointments only shall accrue vacation leave at the rate of two (2) days per month of full-time service. Use of vacation leave is subject to the approval of the member's department chairperson or other immediate supervisor and may not interfere with the teaching of the member's scheduled courses.
14.2.1 Members who are entitled to earn and accrue vacation leave may accrue up to seventy-two (72) days if on the University's full-time payroll before July 1, 1993 and forty (40) days if employed thereafter.
14.2.2 When a member terminates employment at the University or changes to a nine (9) month appointment the member shall be paid for up to forty-eight (48) days of accrued vacation leave if on the University's payroll before July 1, 1993 and twenty (20) days if employed thereafter.
14.2.3 The University shall not be obligated to pay compensation for accrued vacation to terminating members who give less than thirty (30) days notice of resignation.
14.3 LEAVE OF ABSENCE
Members may request leave of absence without pay for any purpose mutually agreed to by the University and the member. Such leave shall normally be for one (1) calendar year or less, but may be extended by mutual agreement of the University and the member. Such leave shall not exceed two (2) calendar years. Ultimate authority to grant such leave is discretionary with the Board. Ninety (90) days before the expiration of such a leave members must indicate in writing to their department chairperson, or other equivalent supervisor, their intention of returning to work. Once granted, a leave of absence may be shortened only at the discretion of the University. A request for such leave shall not unreasonably be denied.
Members on such leave do not earn sick leave or vacation, but shall have the option to maintain University insurance coverages at the group rates at the member's expense. The member shall accrue seniority while on such leave.
14.4 MEDICAL LEAVE
A leave of absence without pay may be granted to any member for medical reasons, when justified by their state of health and when recommended by their physician(s). Members must return to work when released by their attending physician and approved by the University Health Service in order to retain their employment status. Medical leave may begin only after all accumulated sick leave has been used. Such leaves may not exceed two (2) calendar years. Notice of at least ninety (90) days shall be required for return to active status, unless waived by the University.
Members on such leave do not earn sick leave or vacation, but shall have the option to maintain University insurance coverages at the group rates at the member's expense. The member shall accrue seniority while on such leave.
14.5 JURY DUTY
Members who are called for jury duty or subpoenaed by any legislative, judicial, or administrative tribunal, will be allowed time away from work with pay for such purposes. Members shall present a copy of the appropriate notice to appear to their department chairperson or other immediate supervisor and, when possible, do so at least three (3) work days prior to the date the member is to be absent from work. Upon returning to work, the member shall present appropriate documentation of the member's appearance.
14.6 SABBATICAL LEAVE
14.6.1 A member shall be eligible to take a sabbatical leave in the member's seventh or later year of full-time service and again every seventh year after receiving a sabbatical leave.
14.6.2 The purpose of a sabbatical leave shall be to enable the member to pursue interests which contribute to the member's professional development through research, study, writing, or the acceptance of special assignments or fellowships and similar activities which will enhance the performance of the member's academic duties.
14.6.2.1 A sabbatical leave may be granted to accept a temporary foreign teaching assignment or a recognized grant. In such cases the sum paid by the University shall be the difference between the grant or foreign salary and the member's regular University salary.
14.6.2.2 Sabbatical leaves shall not be used for the purpose of carrying out the paid duties of a faculty member at another college or university in the United States of America or to complete requirements for a higher degree.
14.6.3 A member may seek a sabbatical leave by submitting a formal application and proposal to the member's department chairperson. The department chairperson shall review the proposal and affix a recommendation to the dean of the member's college. The dean shall then review the proposal, affix a recommendation and forward the proposal and all recommendations to the University Committee on Sabbaticals (UCS), which will make its recommendation to the Vice President for Academic Affairs, who will in turn make recommendation to the President. Members shall be notified of all recommendations on their sabbatical applications at the time those recommendations are sent forward.
14.6.3.1 Applications must be submitted in the year preceding the one in which the sabbatical leave is to be taken. Applications shall be processed according to the schedule and on the forms issued by the Vice President for Academic Affairs, after effective consultation with UT-AAUP, annually at the beginning of the academic year.
14.6.3.2 The formal application shall include a statement concerning the activity which the member proposes to pursue during the sabbatical leave, the purpose of such activity, the length of time for which leave is sought, and the dates of the proposed leave.
14.6.3.3 When recommending approval of sabbatical leave proposals, Department Chairpersons and Deans shall also certify that the instructional obligations of the member's department can be met without additional resources. If all applicants in a department cannot be accommodated because of bona fide instructional obligations, positive recommendations shall be determined in the following order:
First, members who have never had a sabbatical;
Second, members with the longest time since their last sabbatical; and
Third, members with the longest continuous full-time service in the department.
14.6.3.4 The University Committee on Sabbaticals (UCS) shall consist of nine (9) faculty members who have had sabbaticals at the University, one (1) from each college with faculty and the library and two (2) from the College of Arts and Sciences, elected by the Faculty Senate. Members of UCS shall serve a term of three (3) s beginning July 1, with one third (1/3) of the members retiring each year.
14.6.3.5 The President's recommendations shall be presented to the regular February meeting of the Board. Members will be notified after the Board has approved such leaves.
14.6.3.6 A request for a change in a sabbatical leave proposal before the original leave has been approved by the Board shall result in voiding all recommendations and require that the revised proposal go through the entire review process anew.
14.6.3.7 A request for a change in a sabbatical leave proposal after the original leave has been approved by the Board shall be considered only for changes in dates and then only upon the recommendation of the Vice President for Academic Affairs and the President.
14.6.3.8 Exceptions to the above may be made by mutual agreement of the parties hereto.
14.6.4 The compensation schedule displayed below shall be used for members who receive sabbatical leaves:
Duration of Leave 9-Month Faculty 12-Month Faculty
One semester 11/12 pay 11/12 of 9-month base plus 1/4 of 12-month base
Two semesters 2/3 pay 2/3 of 9-month base plus 1/4 of 52-week base
Three semesters not applicable 2 pay
14.6.5 Members who accept a sabbatical leave shall be obliged to return to full time service at the University for one academic year thereafter or reimburse the University for the salary they received on the sabbatical leave.
14.6.6 The President shall determine the number and distribution of sabbatical leaves to be recommended to the Board using the number of sabbaticals granted over the preceding three (3) years as a basic guideline.
14.6.7 Within ninety (90) days of completion of a sabbatical leave a member shall submit to the Vice President for Academic Affairs a full written report detailing how the member has fulfilled the terms of the sabbatical leave proposal the member submitted under section 14.6.3. A member who fails to submit a satisfactory report shall be required to reimburse the University for the salary received during the sabbatical leave.
14.6.8 Sabbatical leaves shall not be considered a break in continuous service.
14.7 HOLIDAYS
14.7.1 Members shall observe the holidays specified in Sections 124.19 (A) & (B), Ohio Revised Code, as it may be amended, on the same dates as are determined by the University for the academic calendar. A holiday that falls on a Saturday will be observed on the preceding Friday. A holiday that falls on a Sunday will be observed on the succeeding Monday.
14.7.2 Since many religious observances occur on days not designated as legal holidays, the University shall be flexible in accommodating members' religious observances.
15.1 "Outside employment" means employment, including self-employment, which is not contracted for through the University and for which any remuneration paid is not paid through the University.
15.1.2 Members are expected to devote their professional efforts during the academic year to regular University assignments. A member may with prior written administrative approval, which shall not be unreasonably denied, devote additional time to other professional pursuits. Approval will not be denied unless it can be established that outside activity will interfere with members= University responsibilities.
15.1.3 A member who intends to engage in outside employment shall promptly report in writing the nature and extent of the proposed commitment to the member's department chairperson or appropriate supervisor on the annual reporting form. Such reporting shall be renewed each academic year. Such reporting will only be required on an annual basis unless the extent of outside employment changes significantly in the interim. The chairperson or appropriate supervisor shall forward a copy of all approved applications to the appropriate dean and the Vice President for Academic Affairs.
15.1.4 A member engaged in outside activities, with or without compensation, shall not use the name of the University to suggest institutional endorsement or support of a non-University enterprise nor the name of the University on stationery, business cards, or promotional literature for such outside activity. However, the member can utilize his University title for identification purposes. A member shall not teach regular classes at another college or university during the academic year without prior written approval by the Vice President for Academic Affairs.
15.1.5 Before University space, services, supplies or equipment may be used in the performance of any outside activity, written permission must be obtained in advance from the President. Appropriate fees must be paid to the University for any such space, services, supplies or equipment used.
16.1 PATENTS
16.1.1 By virtue of section 3345.14 ORC the University has all right, title and interest to, and is the owner of all inventions made solely or jointly by its employees, including patent rights thereon, which result from systematic and sustained research or investigation conducted in any experiment station, bureau, laboratory or research facility of the University, subject to the exceptions defined in section 16.1.3 below.
16.1.2 Any invention made solely or jointly by University employees which does not result from systematic and sustained research or investigation conducted in any experiment station, bureau, laboratory or research facility of the University shall remain the property of the employee(s), subject to the exceptions defined in section 16.1.3 below.
16.1.3 The University may contract for sponsored research or investigation which includes the use of its facilities and/or employee's services and in which the ownership of inventions and patents resulting from such sponsored research is at variance from sections 16.1.1 and 16.1.2 above. In such event it shall be the duty of the Board, or its appointed designees for such matters, to notify all employees performing such sponsored research under the terms of such contract.
16.1.4 Recognizing that time is of the essence in the protection of the legal interests of both the University and its employees in their inventions, it shall be the duty of each member to:
16.1.4.1 Report in writing to the body established by the Board to consider patent matters all patentable inventions resulting from research or investigations made as set forth in sections 16.1.1 and 16.1.2 above or under sponsored research as set forth in section 16.1.3 above. Such report shall include all the information requested in a standard disclosure form promulgated by the Board, or its appointed designees to consider patent matters.
16.1.4.2 Cooperate with the Board, or its appointed designees, to enable its evaluation and disposition of the submitted invention.
16.1.4.3 Cooperate with agents of the Board to secure all legal protection for such inventions, including preparation and signing of all papers attendant thereto.
16.2 COPYRIGHTS
16.2.1 A copyrightable material or work shall be owned by the member when it is originated by the member without the significant use of or without significant financial support from University facilities or agencies. Such materials or works shall include member-authored books, journal articles, research studies, computer software, musical works, syllabi, workbooks, examinations, and tests.
16.2.1.1 "Significant use" shall mean the use of University-owned facilities or agencies by the member, without payment to the University, in which more than fifty percent (50%) of the cost of creating the work in its final form is borne by the University. "Significant financial support" shall mean University financial support in the form of money or released time beyond the normal assignment or salary which constitutes over fifty percent (50%) of the cost of creating the work in its final form.
16.2.2 A copyrightable material or work shall be owned by the University if:
16.2.2.1 The work is prepared by a member, entirely as a part of the member's designated duties as an employee, as a work made for hire; such works made for hire as a part of the member's designated duties shall not include those originated by a member as described in section 16.2.1 above.
16.2.2.2 The author or creator of the material or work has been specially ordered or commissioned by the University to create or produce the materials for which the member received compensation from the University other than and in addition to normal assignment or salary from sources administered by the University or State of Ohio.
16.3 The legal title to all University owned inventions and copyrightable works and materials upon creation shall be vested in the University. Such title shall be vested either by operation of law or by express assignment of patent or copyright by the inventor or author.
16.4 In the event that income is derived through the external licensing, use, sale or other disposition of University owned inventions or copyrightable works or materials, such income shall be allocated as follows:
16.4.1 The inventor(s) or author(s) of such income producing inventions or copyrightable works or materials will be first reimbursed for any direct out-of-pocket expenses incurred in the preparation of such inventions or copyrightable works or materials, provided that the necessary records and receipts are submitted to and approved by the Vice President for Graduate Studies, Research, Economic Development and Dean of the Graduate School.
16.4.2 Remaining income, after paying the inventor's or author's direct out-of-pocket expenses, shall be retained by the University until it recovers all its direct expenses associated with the creation of and marketing of the invention or copyrightable work or material.
16.4.3 Further income, after the University has recovered its direct expenses, shall be divided between the University and the inventor(s) or author(s) of the invention or copyrightable work or material on the basis of fifty percent (50%) for the University and fifty percent (50%) for the inventor(s) or author(s).
17.1 The Employer shall not impose discipline except for just cause. The employer subscribes to the principles of progressive discipline except in instances when summary action is called for. Any disciplinary action shall be predicated upon written charges.
17.2 When the Employer has reason to believe an incident(s) has occurred which might constitute grounds for discipline, it shall investigate prior to the application of Section 17.3 below. Interviews with the member and others may be conducted during any such investigation. Before such interview occurs, the member shall be advised of the right to be represented by the UT-AAUP.
17.2.1 When, in the judgment of the President, or designee, the presence of a member on Employer property presents a threat to the health or safety of the member or other members of the University community or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of any member or of the University community as a whole, the President, or designee, may suspend the member pending the disposition of the disciplinary process provided for under this Article. Such suspension shall be with pay. The President, or designee, may also direct that the member be removed and barred from Employer property.
17.3 Prior to imposing any disciplinary action, the appropriate Employer official will meet with the member to discuss the charges against the member and provide the member with an opportunity to present the member's case. The member shall be given the opportunity to be accompanied by an UT-AAUP representative. The Employer shall notify the member and the UT-AAUP, prior to the meeting, of the purpose of the meeting.
If the matter is not disposed of by mutual agreement at the meeting and the Employer decides to impose discipline, the member shall be sent a written statement of the charges and the discipline imposed. The UT-AAUP shall be sent a concurrent copy of that letter.
17.4 When deemed necessary, reprimands may be issued to a member by the member's dean, the Vice President for Academic Affairs, or the President. Suspension of members may only be issued by the President, or designee. Dismissal of members for cause may only be implemented by a formal written Notice of Dismissal, together with reasons therefor and a bill of particulars, issued by the President. Such action can be grieved on substantive and procedural grounds.
17.5 The Employer and UT-AAUP shall exert their best efforts to keep allegations of sexual harassment made against a member of the Bargaining Unit confidential unless and until a final decision is rendered by appropriate authority determining the guilt or innocence of the member of the Bargaining Unit.
17.6 Evaluations and assessments shall not be construed as discipline.
17.7 In the rare instance, when this Article is used as a result of the process outlined in Article 9.2.4 (Professional Assessment) or Article 9.3.3 (Special Assessment), the Employer recognizes that such use is a last resort. If corrective action is necessary under the cited Articles, it shall be applied after all grievances on the issue have been resolved.
18. 1 Should the Employer reasonably anticipate
the existence of a financial crisis of such severity that it
cannot be alleviated without terminating the appointments of
members ("financial emergency"), the
data upon which this anticipation is based and the savings which
the Employer deems necessary to effect shall be presented to
the UT-AAUP. The Employer shall also provide any relevant additional
information in its posssession which the UT-AAUP may request
within ten (10) calendar days following the receipt of the initial
Employer data. The Board shall not act upon recommendations from
either party until the Financial Emergency Implementation Committee
(FEIC) described below has made its recommendation or sixty (60)
calendar days have passed from the Board's full provision of
data to UT-AAUP whichever is sooner. No layoff of members will
take place until full implementation of this Article is completed.
18.2 Upon declaration by the Board that a financial emergency exists, the Contract Implementation Committee (CIC) will be charged with establishing a Financial Emergency Implementation Committee (FEIC) which shall have equal representation by the parties. The CIC shall monitor the process and plans of the FEIC and assure that the FEIC accomplishes the following:
18.2.1 make recommendations of alternatives which would result in minimum deterioration of existing academic programs and which would not sacrifice the University's long-term fiscal health in order to solve a short-term financial problem (The FEIC shall not consider the possible methods used to relieve the financial emergency listed below in any kind of priority ranking);
18.2.2 investigate and recommend ways to relieve the emergency by means of initiating mechanisms for income generation;
18.2.3 investigate and recommend ways to relieve the emergency by means of cost-reduction methods, including: reduction of support staff and administrative personnel and services; encouragement of voluntary early faculty retirement, leaves of absence, and resignations through financial inducements including "buy-out" plans; reduction in internal funds allocated to research and equipment; reduction in the number of graduate assistants; replacement of part-time, visiting, retiring, superannuate, resigning and non-tenured faculty with existing tenured faculty members where qualified to teach, across-the-board concessions with respect to salaries and/or fringe benefits by administrative, staff and faculty personnel; planning and implementation of long-term reduction in size or elimination of colleges, departments or parts of departments, programs or parts of programs where the educational mission of the institution as a whole would not be jeopardized;
18.2.4 investigate and recommend elimination of inessential activities.
18.3 The FEIC shall make a good faith effort to arrive at its recommendations within a sixty (60) calendar day period from the Board's full provision of data to UT-AAUP regarding the anticipated financial crisis, or any extension thereto which may be granted by the Board.
18.4 If the recommendation involves the reduction or discontinuance of a program, department or college, the FEIC shall establish its priorities based upon the long-term enrollment projections, the role of the programs in fulfilling the missions both of the University as a whole and the continued accreditation of academic units, the effect on joint programs with other institutions and the impact on the students registered in the programs. Should retrenchment in academic programs become necessary, due consideration shall be given to providing for students enrolled in those programs to complete the requirements of the program.
18.5 Should the Board determine that the recommendations of the FEIC are not sufficient to relieve the financial emergency, the Board shall have the right to act on its own initiative as to layoffs but, nevertheless, shall apply the principles specified in this Article. There shall be full disclosure of the financial data, rationale, and resulting decisions based on the Board's deliberations. Efforts shall be continued to encourage early voluntary retirements, leaves of absence and resignations. In the case of members designated for layoff, every effort shall be made to bring about their reassignment, accompanied by appropriate retraining, to open faculty positions in other programs.
18.6 Normal attrition is the preferred approach to the extent that it will assist in relieving the financial emergency. Recognizing that layoff of members is the last action to be taken under financial emergency, the following steps shall be taken in order:
18.6.1 The teaching of overloads in an affected discipline shall be eliminated.
18.6.2 Any category of faculty other than full-time shall be released first.
18.6.3 Non-tenured members in an affected department shall be laid off before tenured members in that department.
18.6.4 Full-time tenured members in an affected department with the least amount of full-time continuous service at the the University shall be laid off in advance of those with more full-time continuous University service.
18.6.5 Where the length of full-time continuous University service is equal, academic rank, if unequal, shall be taken into account, with the person with lower rank preceding a person with higher rank in the order of layoff.
18.6.6 Any tenured member scheduled for lay off who is qualified to teach in a different department or college can "bump" untenured faculty in said department or college.
18.6.7 The Employer shall not appoint new faculty while members are laid off within the periods specified in 18.9 below except in extraordinary circumstances where the CIC agrees that a serious impairment of retained academic programs would otherwise result and reassignment of faculty members designated for layoff has been considered as a solution.
18.7 Laid off members shall have the right of expedited use of the grievance procedure herein as to whether the principles of this Article have been properly applied in their case.
18.8 If a member is laid off under the terms of this Article, the faculty member shall receive notice, or salary in lieu thereof, in accordance with the following schedule:
18.8.1 at least three (3) months if the final decision is reached by March 1 (or three (3) months prior to the expiration) of the first year of probationary service, if the member is untenured;
18.8.2 at least six (6) months, if the decision is reached by December 15 of the second year (or after nine (9) months, but prior to eighteen (18) months) of probationary service, if the member is untenured;
18.8.3 at least one (1) year, if the decision is reached after eighteen (18) months of probationary service, if the member is untenured;
18.8.4 completion of the current academic year plus one (1) year, if the member is tenured;
provided, nevertheless, that no salary or notice is required beyond the term to which an untenured member has most recently been appointed.
18.9 If an untenured member is laid off before the end of the period of an appointment, or if a tenured member is laid off, under the terms of this article, the University may not fill a position in a discipline in which a released member is qualified to teach unless the released member has been offered reappointment and has been given at least thirty (30) calendar days within which to accept or decline the reappointment. This restriction on filling positions shall be in effect for a period of one (1) year from the date of the layoff of the untenured member, and for a period of three (3) years from the date of the layoff of the tenured member. A member thus recalled shall be recalled with all time restored for seniority and retirement purposes.
18.10 Upon the effective date of layoff of a member, under the terms of this Article, the right of that member's access to space, services, resources and equipment (or their equivalent) to which the member was entitled prior to layoff shall be honored, for a period up to three (3) years, to the extent of availability. Such a laid off member shall have the right to continue to participate, at the member's expense, at the University group rates, in the University's life insurance, medical/dental/vision benefit programs and shall continue to enjoy tuition waiver privileges available to members for a period of up to three (3) years.
19.1 The parties agree that,
whenever possible, disputes should be resolved informally at
the lowest level. To that end, all members and administrators
are encouraged to engage in free and open communication in the
airing of differences.
19.2 DEFINITIONS
19.2.1 A "grievance" is a complaint
or allegation by a member or members, or by the UT-AAUP that
there has been a violation, misinterpretation or improper application
of the provisions of this Agreement. Unless specifically modified
within this Agreement, all provisions of this Agreement are subject
to this Grievance Procedure.
19.2.2 The time limits indicated in this Article
shall be considered maxima unless extended by mutual agreement
in writing,
19.3 If the matter is not resolved informally,
a formal grievance may be filed on the official grievance form
found in Appendix C.
19.3.1 INITIAL FILING
The aggrieved member(s) shall present the
grievance through UT-AAUP, in writing, on the official grievance
form to the Assistant Vice President for Academic Affairs-Faculty
Relations within thirty (30) days following the act or omission
giving rise to the grievance, or the date the member(s) knew
or could reasonably have been expected to know of such act or
omission. The written grievance shall state the nature of the
grievance, the dates when the act or omission giving rise to
the grievance occurred, the contractual provisions allegedly
violated, the remedy sought and be signed by the grievant. The
Assistant Vice President for Academic Affairs-Faculty Relations
will review the grievance and promptly forward the grievance
to the appropriate supervisor for hearing within ten (10) days
of receipt, with notice to the grievant(s) and the UT-AAUP.
19.3.2 DEPARTMENT CHAIRPERSON
Upon receipt of a grievance from the Assistant
Vice President for Academic Affairs-Faculty Relations, the Department
Chairperson, or other appropriate immediate supervisor, shall
arrange for a meeting with the grievant and a UT-AAUP representative,
to take place within ten (10) days, to discuss and attempt to
resolve the grievance. If attempts to resolve the grievance are
unsuccessful, within ten (10) days following the meeting, the
supervisor hearing the grievance shall send a written response
to the grievance, including reasons, on the original grievance
form, to the Assistant Vice President for Academic Affairs-Faculty
Relations with concurrent copies to the grievant and UT-AAUP.
If the grievant or the UT-AAUP does not accept the answer provided
at this step, either may, within ten (10) days, appeal, on the
appeals form, to the Assistant Vice President for Academic Affairs-Faculty
Relations to have the grievance reviewed at the level of Dean.
The Assistant Vice President for Academic Affairs-Faculty Relations
shall then promptly forward the grievance to the appropriate
dean within ten (10) days.
19.3.3 DEAN
Upon receipt of a grievance from the Assistant
Vice President for Academic Affairs-Faculty Relations, the dean
shall arrange for a meeting with the grievant and a UT-AAUP representative,
to take place within fourteen (14) days, to discuss and attempt
to resolve the grievance. If attempts to resolve the grievance
are unsuccessful, within fourteen (14) days following the meeting,
the dean hearing the grievance shall send a written response
to the grievance, including reasons, on the original grievance
form, to the Assistant Vice President for Academic Affairs-Faculty
Relations with concurrent copies to the grievant and the UT-AAUP.
If the grievant or the UT-AAUP does not accept the answer provided
at this step, either may, within ten (10) days, appeal, on the
appeals form, to the Assistant Vice President for Academic Affairs-Faculty
Relations to have the grievance reviewed by the Vice President
for Academic Affairs. The Assistant Vice President for Academic
Affairs-Faculty Relations shall then promptly forward the grievance
to the Vice President for Academic Affairs within ten (10) days.
19.3.4 VICE PRESIDENT FOR ACADEMIC AFFAIRS
Upon receipt of a grievance from the Assistant
Vice President for Academic Affairs-Faculty Relations, the Vice
President for Academic Affairs shall arrange for a meeting with
the grievant and a UT-AAUP representative, to take place within
twenty-one (21) days, to discuss and attempt to resolve the grievance.
If attempts to resolve the grievance are unsuccessful, within
twenty-one (21) days following the meeting, the Vice President
for Academic Affairs shall send a written response to the grievance,
including reasons, on the original grievance form, to the Assistant
Vice President for Academic Affairs-Faculty Relations with concurrent
copies to the grievant and the UT-AAUP. If the UT-AAUP does not
accept the answer provided at this step, it may, within ten (10)
days, appeal, on the appeals form, to the Assistant Vice President
for Academic Affairs-Faculty Relations to have the grievance
reviewed by the Internal Arbitration Board (hereinafter IAB).
The Assistant Vice President for Academic Affairs-Faculty Relations
shall then promptly request the Board to convene.
19.3.5 INTERNAL ARBITRATION BOARD
The IAB shall convene within twenty (20) days
of formation to hear the grievance and receive such evidence
and testimony as the parties may wish to present. The IAB shall
be a standing body consisting of three (3) members appointed
by the President of the University and three (3) members appointed
by the President of UT-AAUP. The board shall choose a chairperson
from among its members. Decisions of the IAB shall be by agreement
of four (4) or more members voting by secret ballot and shall
be final and binding on all parties. Such decisions and orders
shall be issued in writing, signed by all members of the IAB,
within thirty (30) days after closing of the record.
19.3.6 EXTERNAL BINDING ARBITRATION
In the event that the IAB does not render
a final and binding decision, UT-AAUP shall have the sole right
to submit the grievance to final and binding arbitration by an
external arbitrator, within ten (10) days after receipt of notice
of the IAB's inability to reach a decision, by written notice
to the Assistant Vice President for Academic Affairs-Faculty
Relations. If the UT-AAUP appeals to external arbitration, representatives
of the UT-AAUP and the Assistant Vice President for Academic
Affairs-Faculty Relations shall meet within ten (10) days to
select an arbitrator. In the event the parties are unable to
agree upon the selection of a neutral person, the selection shall
be made by asking the Federal Mediation and Conciliation Service
to provide a panel of nine (9) names in accordance with procedural
rules of the Federal Mediation and Conciliation Service. The
arbitrator's decision shall be final and binding upon the parties
and shall be rendered within thirty (30) days after the arbitration
hearing record is closed. The cost of arbitration shall be borne
equally by UT-AAUP and the Employer.
19.4 REMEDIES
External arbitrators, IAB and all officers
hearing a grievance shall be bound by the following:
19.4.1 They shall have no authority to add
to, subtract from, alter, change or modify any of the provisions
of this Agreement.
19.4.2 Their decisions shall be limited to
only the question or questions submitted for their decision.
19.4.3 In grievances concerning promotion
in academic rank or the award of tenure they shall only have
the power to remand the negative decision being grieved with
directions as to procedures to be followed and information to
be considered. However, the IAB may make awards of substance
in matters of promotion in academic rank.
19.4.4 They shall not render any decision
which would result in the violation of this Agreement or a public
statute or regulation.
19.4.5 They shall make no award which provides
a member compensation greater than would have resulted had there
been no violation.
19.5 Any grievance not otherwise specifically
limited by this Agreement can be heard on substantive or procedural
grounds. Grievances may be amended up to and including the Vice
President level.
19.6 Suspensions or dismissals may be appealed
by UT-AAUP directly to the Internal Arbitration Board.
19.7 A member who participates in a grievance
procedure will not be subject to disciplinary reprisal because
of such participation.
19.8 Any relevant information in possession
of the employer pertaining to a grievance that is needed by UT-AAUP
to investigate and process a grievance will be provided to UT-AAUP
within five (5) days of a written request.
19.9 Individual grievants may have private
counsel present at their own expense in any or all grievance
proceedings. However, such counsel may not participate in the
proceedings except as a silent observer.
19.10 EXCLUSIVITY OF PROCESS
The procedures described in this Article shall
constitute the sole and exclusive method used for resolution
of grievances. If a grievant seeks relief through a judicial
or administrative forum outside of this grievance procedure for
a subject matter covered by a grievance, the processing of the
grievance shall be held in abeyance until the outside forum has
issued a final determination or unless both the Employer and
the UT-AAUP agree otherwise. The foregoing does not apply to
grievances the subject matter of which constitutes a claim or
claims under any federal, state or local law prohibiting discrimination.
19.11 TIME LIMITS
Upon failure of a hearing officer to provide a response within the time limits provided in this Article, the Union may appeal to the next step.
20.1 The UT-AAUP and its officials will not cause, support, or condone, nor shall any member or members take part in any strike, slow down or work stoppage of any kind during the life of this Agreement.
20.2 The Employer shall not conduct a lockout of bargaining unit members during the term of this Agreement.
20.3 Any member of the bargaining unit who engages in any activity in violation of section 20.1 above during the term of this Agreement shall be subject to discipline up to and including dismissal as determined by the University.
21.1 The UT-AAUP shall be permitted reasonable use, to the extent permitted by law, of University facilities and services on the same basis and at the same cost as recognized campus organizations.
21.2 The Employer will make available space in University Hall to be utilized by UT-AAUP for an office. UT-AAUP shall be responsible for the costs of telephone installation and service, if same is desired by them. Should this space become unavailable because of renovation or changes in facility usage, the Employer will endeavor to find other space. However, it is recognized a suitable alternative space may not be available.
21.3 Release Time
The UT-AAUP shall be permitted to purchase 36 credit hours of release time for its officers at the rate of $225.00 per credit hour each semester for the academic year 1997-1998. The UT-AAUP shall be permitted to purchase release time for its officiers at the rate of $650.00 per credit hour for academic years 1998-1999 and 1999-2000. Summer School release time, beginning Summer 1998, shall be permitted to be purchased at the actual salary cost (cost of fringe benefits not included). UT-AAUP shall provide written notice to the Chair of the Department of the UT-AAUP officer(s) within that Department thirty (30) days prior to the commencement of the semester and/or summer school session of the UT-AAUP officer(s) who will be on release time. Activities performed under this Article for UT-AAUP may be considered University service for purposes of faculty evaluation.
21.4 The regular UT-AAUP dues shall be established under the terms of the UT-AAUP Constitution and certified to the Employer by the UT-AAUP. The payroll deduction of the regular UT-AAUP dues or Fair Share Fees shall be made on the first two pay days in each month during which the member is in active pay status.
21.4.1 Effective 60 days following the beginning of employment, members of the bargaining unit who are not members of the UT-AAUP shall pay to the UT-AAUP a Fair Share Fee. This does not require any member of the bargaining unit to become a member of the UT-AAUP, nor shall the Fair Share Fee exceed dues paid by members of the UT-AAUP who are in the bargaining unit. The UT-AAUP shall prescribe an internal rebate procedure which conforms to Federal Law and to ' 4117.09 (C) Ohio Revised Code. The deduction of a Fair Share Fee from the payroll checks of members of the bargaining unit and its payment to the UT-AAUP is automatic and does not require the authorization of the member. Payments by members holding religious concientious objections shall be governed by ' 4117.09 (C) Ohio Revised Code. No member of the bargaining unit shall be required to become a member of the UT-AAUP as a condition for securing or retaining employment.
21.4.2 The UT-AAUP shall indemnify the Employer against any and all claims, demands, suits, or other forms of liability or costs that arise out of, or relate to, any action taken or not taken by the Employer for the purpose of complying with the provisions of this Article.
21.4.3 The Employer agrees to make every effort to forward checked-off dues to the UT-AAUP within two weeks following the second pay day of each month, but no later than 30 days.
22.1 Subject to Articles 22.2 and 22.3T the parties acknowledge that each had the full right to make proposals with respect to any subject, and that, after exercising that right, all the parties' understandings are set forth in this Agreement. The terms of this Agreement may be altered, changed, added to, deleted from, or modified only through the voluntary mutual consent of the parties in a written and signed amendment to this Agreement.
22.2 A past practice affecting wages, hours and other terms and conditions of employment must affect a substantial number of members in more than one department, be acknowledged as a past practice by the parties, and not have been modified in any way by this Agreement.
Should any portion of this Agreement be found by a duly constituted court or regulatory authority to be in conflict with any applicable law or public regulation, then such conflicting portion of this Agreement shall be rendered null and void and the applicable law or regulation shall be controlling. In such event, upon request of either party, the parties shall commence good faith bargaining for replacement language.
The invalidation of any portions of this Agreement in accordance with this Article shall not affect the legality and enforceability of the remainder of this Agreement.
For the life of this Agreement there shall exist a Contract Implementation Committee to supervise the implementation of this Agreement and to carry out the various tasks assigned to it specifically by this Agreement. The committee shall consist of the Vice President for Academic Affairs, the Vice President for Graduate Studies, Research and Economic Development, the Assistant Vice President for Academic Affairs-Faculty Relations, the President or Vice President of UT-AAUP, the Chief Negotiator for UT-AAUP of this Agreement and one other UT-AAUP representative named by UT-AAUP.
Unless otherwise specified in the Agreement, it shall become effective upon ratification by the UT-AAUP and the Board of Trustees April 8, 1998, and shall be in effect through June 30, 2000. The parties agree to commence negotiations for a successor agreement no later than April 1, 2000, subject to the providision of ORC Chapter 4117.
Within thirty (30) calendar days after this Agreement has been
ratified and signed by the parties, the University shall have
this Agreement printed at its expense and distributed to all bargaining
unit members. Thereafter, all new members shall be provided a
copy of this Agreement along with their offer of employment.
Current practices, policies and procedures regarding the approval and scheduling of courses will apply to distance learning courses. In addition, faculty rights and benefits as provided in the Collective Bargaining Agreement regarding job security, intellectual property, and workload shall not be reduced.
Appendix D
I. Definitions For Terms Contained in the Policy
A. Attending Physician An attending practitioner providing medical treatment.
B. Catastrophic Illness A medical condition of an employee as certified by a physician which requires an employee=s absence from duty for a prolonged period of time and which results in a substantial loss of income to the employee because of the exhaustion of all earned sick, vacation and compensatory leave time.
C. Leave Credits Sick leave bank hours accumulated from the voluntary donation of sick time that are used by the recipient as sick leave. Only sick time may be donated. Hours earned as vacation time may not be donated.
D. Attending Practitioner An authorized practitioner of medicine, including a surgeon or psychiatrist (in accordance with the employee=s Health Insurance Plan).
E. Substantial Loss of Loss of pay for a period extending beyond one bi-weekly Income period of pay.
F. UT-AAUP The University of Toledo=s Chapter of the American Association of University Professors= tenure and/or tenure-track faculty bargaining unit.
G. UT-AAUP-LBC A UT-AAUP Leave Bank Committee (UT-AAUP-LBC) is established to review eligibility. The UT-AAUP-LBC will review applications for the receipt of leave bank hours and make decisions regarding these application, and create rules and regulations to effectuate its purposes.
H. Work/Sick Day Any day within the work year during a member=s period of appointment regardless of campus assignments.
II. Sick Leave Bank
A. The purpose of the UT-AAUP-Leave Bank Committee (UT-AAUP-LBC) is to implement these Guild lines for a Sick Leave Bank (SLB) program at The University of Toledo for employees occupying a position within UT-AAUP bargaining unit who are eligible to accrue sick leave.
B. The SB program is to provide a means to assist employees who, because of a personal catastrophic illness or personal catastrophic injury, would be subject to a severe loss of income and benefits during an extended absence from work. In order to be eligible for the program, participating employees must exhaust all of their existing sic leave and vacation balances. The program is not intended to provide supplemental income which would result in compensation levels exceeding normal wages, nor is the program meant to replace or duplicate benefits offered by State Teachers Retirement System of Ohio (STRS), The University of Toledo=s Long Term Disability Program (LTD), and/or Workers Compensation. Bank sick leave days may not be granted for elective surgery, illness or care of any member of the individual=s family, nor maternity leave.
C. Members of the UT-AAUP-LBC understand one of their responsibilities is to maintain the strictest level of confidentiality possible when dealing with recipient information.
III. Applicability
The SLB program is available to employees who are represented by UT-AAUP at The University of Toledo.
IV. Donor Eligibility
A. In order to donate sick leave hours, an employee must meet the following eligibility criteria.
1) The donor must be employed at The University of Toledo in a UT-AAUP bargaining unit position at the time of donation.
2) All UT-AAUP represented faculty must have at least sixteen (16) hours of accrued sick leave at the time of donation.
3) All faculty members represented by the UT-AAUP absent from work on an extended leave during any enrollment/assessment period will be permitted to contribute to the SLB within thirty (30) calendar days of their return from extended leave provided he/she meets the minimum sick leave balance requirement of sixteen (16) hours (pro-rated if appropriate).
V. Donation Policies and Regulations
A. A minimum of fifty (50) UT-AAUP bargaining unit members are necessary to initiate the establishment of the sick leave bank.
B. Only donors are eligible to apply for sick leave credits for personal catastrophic illness or personal catastrophic injury as certified by the attending physician. Applicants will be reviewed according to medical need and will not be granted special privileges based on prior donated hours.
C. No later than May 15, 1998, UT-AAUP shall appoint five (5) UT-AAUP members to serve on the Sick Leave Bank Committee (SLBC), a standing committee of the UT-AAUP. The five appointments shall represent different colleges and/or schools. The Administration shall have an ex-officio member on the SLBC. The appointees shall serve for three-year terms after initial appointments of staggered terms (two or three years, two for two years and one for one year). Those appointed to serve shall meet within ten (10) days of their appointment to elect a chair. Those selected to serve on the SLBC may be reappointed, vacancies for any reason shall be filled immediately for the remainder of the unexpired term by UT-AAUP who shall appoint the SLBC member to complete the term. UT-AAUP-LBC. members shall be appointed, serve and/or be removed at the sole discretion of the UT-AAUP Executive Board.
D. Once sick leave is donated, it will not be returned to the donor. The hours donated will be deducted from the net full bi-weekly paycheck following the UT-AAUP written authorization to donate said hours. The amount of hours to be donated will be determined by the UT-AAUP-LBC. Leave donations will not be acceptable if they are under a stipulation as to whom the donated hours are to be given.
E. After the initial open enrollment of thirty (30) calendar days, the UT-AAUP-LBC. will hold an annual enrollment period to be determined by the UT-AAUP-LBC. The enrollment period and the enrollment procedures will be publicized annually by the UT-AAUP-LBC. to all employees eligible to join.
F. The LBC shall be responsible for administration and implementation of the sick leave bank Guidelines, membership and enrollment procedures, and reasonable assessment rules to maintain an adequate reserve. It shall not be empowered to modify the terms of the Agreement or these sick leave bank Guidelines. The LBC shall notify the Assistant Vice President of Personnel of the sick leave bank implementation date.
G. The Administration shall provide reasonable staff support to maintain the sick leave bank, keep records of the sick leave days donated and taken.
H. Additional assessments may be made by UT-AAUP-LBC in the event an emergency situation has occurred and the leave bank is lacking hours needed to meet UT-AAUP-LBC approved recipient=s needs. All current members of the UT-AAUP-SLB will be required to donate additional time during these assessment periods in order to remain eligible for membership in the UT-AAUP-SLB.
I. Donation activity will be recorded on the Leave Donation Log for each recipient employee. The Payroll Office will be responsible for deducting hours donated from the SLB adding leave hours to BLC approved recipient=s time records.
J. A quarterly report indicating the status of the sick leave bank membership usage and sick days reserves will be provided by the SLBC to the Assistant Vice President of Personnel, the Vice President for Administrative Affairs, and to the members participating in the Sick Leave Bank.
K. The right membership or the right to apply for membership ceases with termination of employment, retirement for any reason, refusal or inability to comply with assessments.
VI. Member Eligibility
A. In order to receive sick leave credits, an employee must meet the following eligibility criteria:
1) The member must be an employee in the UT-AAUP bargaining unit, a member of the UT-AAUP-SLB, and entitled to receive sick leave hours during an active period of appointment.
2) A member must be in the sick leave bank for at least thirty (30) working days to be eligible to apply for sick leave days from the bank.
VII. Leave Bank Hours May Be Granted Under the Following Circumstances
A. A catastrophic illness or catastrophic injury which requires an employee=s absence from duty and results in a substantial loss of income to the employee.
B. Sick Leave Bank hours may be taken intermittently or on a reduced schedule, only if such schedule is needed for medical reasons and conditions and cannot be accommodated within employee=s work schedule, provided it is approved by the UT-AAUP-LBC.
VIII. Recipient Policies and Regulations
A. Each initial grant of sick leave days shall be limited to a maximum of twenty (20) consecutively scheduled working days for each illness or injury. After the initial grant, an extension (extensions) of up to one hundred (100) sick leave days may be granted per catastrophic illness or catastrophic injury. The total sick leave granted to any one member shall not exceed 120 days per fiscal year or 120 days to any one illness recurring illness, or accident.
B. Normally, donated credits are available for periods of continuous absence which are expected to continue beyond one bi-weekly payroll period. However, in certain cases of intermittent absence, the UT-AAUP-LBC may waive the continuous absence requirement.
C. If the recipient returns to work for a period not exceeding five working days and has a recurrence of the same condition, the employee may continue to receive leave bank credit hours without submitting an additional application.
D. If leave days from the bank are granted to an employee, the employee is considered to be in active pay status during the use of that leave and all employment benefits apply including the accrual of vacation, sick leave, and seniority.
E. Once an eligible employee begins receiving disability benefits under STRS, LTD and/or Worker=s Compensation, donated credits may no longer be used.
F. If any leave is granted but not used by the employee, the unused portion of the amount of leave transferred is returned to the Leave Bank. This would apply in the case of an employee=s retirement, death, or recovery from the illness or injury.
G. The UT-AAUP-LBC members are not eligible to receive leave bank credits while maintaining a position on the LBC. If the Board member meets the eligibility requirements as specified by this document, he/she must resign from the Board before applying for leave bank credits. Once official resignation from the UT-AAUP-LBC is received, that employee may apply for leave bank credits. If leave credits are granted, his/her resignation remains in effect for the duration of the catastrophic illness.
H. The number of hour granted is based on the sole discretion of the LBC as determined by the individual case, severity of the illness/injury and the number of credits available in the bank. The LBC assumes no responsibility to grant leave credits for the eligible period to cover the total duration of leave. Decisions of the LCB are not subject to the grievance procedure.
IX. Applications For Leave Bank Hours
A. Applications must be submitted to the UT-AAUP-LBC. Applicants must provide sufficient medical documentation to support their request.
B. The University, UT-AAUP, or the UT-AAUP-LBC will not assume that an employee wishes to receive leave bank hours. Employees or their designee must indicate their wish to participate in this program by applying, in writing, to the UT-AAUP-LBC. Application forms will be available in the Personnel Department and the UT-AAUP office.
C. An application form with supporting documentation must be filled out, signed, and submitted by the employee or his/her designee to the LBC. Upon receipt of the application, the LBC will note the date it was received and mail a letter acknowledging receipt and stating approximately when the employee may expect an answer.
D. The letter of acknowledgment shall be postmarked within ten (10) working days of receipt and a decision regarding the application will be made within ten (10) working days.
E. If an employee=s application for the receipt of leave bank hours is rejected, he/she may petition the LBC to reconsider its decision within ten (10) working days of the Committee=s decision.
X. Discontinuation of Leave Bank Credits -
Employee(s) Will Cease to Receive Leave Bank Credits When Or If
A. The catastrophic illness/injury ends.
B. The recipient fails to provide current medical documentation on need for benefit.
C. The recipient ceases to be employed in a UT-AAUP bargaining unit position.
D. The recipient receives long-term disability benefits offered through LTD and/or STRS.
E. The recipient is approved to receive Worker=s compensation.
F. The attending physician of record determines that the illness or injury is not longer catastrophic and disabling.
G. The recipient retires (for any reason).
H. The recipient dies.
I. The leave bank ceases to exist.
XI. The Leave Bank Committee will
A. Be responsible for processing recipient applications in a timely fashion. This includes the initial response after the application has been received, a decision as to whether leave bank hours will be granted to the applicant, how many leave bank credits will be granted, and notifying the applicant of their decision.
B. Record the number of leave hours approved by the LBC for each recipient employee on the recipient log.
C. Maintain records of leave donations.
D. Work with the Payroll Office in maintaining records of donation and receipt of leave bank hours.
Appendix A
In accordance with Article 9.2 of the UT-AAUP Collective Bargaining Agreement, each tenured faculty member shall receive a professional assessment every five years. Twenty percent of tenured faculty in each department will be assessed each year. The purpose of this assessment shall be to measure the member=s teaching effectiveness or other primary professional function, professional activity, and service in order to further the member=s professional growth. Since this process is centered in the department where the discussion of accomplishments, needs, and goals will benefit both faculty individually and the department=s academic programs, each assessment shall be made by the member=s Department Personnel Committee and Department Chairperson. As part of the continued commitment to academic excellence at The University of Toledo, these completed departmental assessments will be reviewed by the College Personnel Committee, College Dean, and Senior Vice President-Academic Affairs.
In the assessment of tenured faculty, volunteers are sought to make up the 20% of those to be reviewed in each department. In the event that there are not enough volunteers to make up 20% of the tenured faculty in each department, the least senior tenured faculty will be identified until the 20% mark has been reached.
Areas to be Assessed
According to the Collective Bargaining Agreement, the areas to be assessed include teaching or service as a librarian (including academic advising), professional activity, and service (9.1.1).
Materials to be Furnished by the Faculty Member
General: In order to provide evidence so that teaching or service as a librarian, professional activity, and service can be assessed, annual reports of professional activity covering the last three years, merit evaluations from the last three years, promotion or tenure evaluations, and all currently existing documentation of instructional effectiveness (e.g. student evaluations of teaching) from the last three years are required. Faculty are encouraged to submit a self-evaluation which addresses the criteria found in Article 9.1.2 and/or summary of performance and other materials they deem appropriate.
Future Goals: As part of the purpose of furthering professional growth, faculty are encouraged to include with their materials a professional development plan which will address future goals. It is recognized that these goals may change at a later date for a myriad of reasons. If that occurs, faculty should discuss the modifications with the Department Chair at the earliest opportunity.
Assessment Procedure
Materials as referenced above will be submitted by faculty to the Department Personnel Committee, who, after assessing the materials, will forward the materials and their assessment to the Department Chair, who will complete the assessment and review the professional development plan. If questions arise during this process, the assessor(s) shall meet with the faculty member to discuss these concerns. All completed assessments shall be reviewed by the faculty member, who shall be provided at least five (5) days to append comments before the assessment is sent to the College Personnel Committee. All completed assessments which have been reviewed by the affected member shall be sent promptly to the College Personnel Committee for review along with all materials reviewed and any comments by the member. The College Dean and the Senior Vice President-Academic Affairs will review the completed assessments and professional development plan, if submitted, after the college committee. A copy of the completed assessment and professional development plan and any appended comments by the member shall be retained in the member=s official personnel file (Article 9.2.3).
Should the assessment identify significant matters requiring remedy, the Department Personnel Committee and Department Chairperson shall meet with the member to discuss and establish a program of growth to rectify any significant deficiencies discovered. The Chairperson shall notify the member and the Dean of the college in writing of the program of growth decided upon and the means of monitoring progress and success in that program. Programs for correcting deficiencies in teaching and service shall run a minimum of one and one (1-1/2) years. Programs to correct deficiencies in professional activity shall run a minimum of three (3) years.
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