1.1 "BOARD" (also called "EMPLOYER") The Board of Trustees for The University of Toledo.
1.2 "MANAGEMENT" The Board together with its executive officers and professional staff including but not limited to the President, Provost, Vice Presidents, Deans, Department Chairpersons and all such other management personnel as defined in Chapter 4117 Ohio Revised Code.
1.3 "BARGAINING UNIT" The unit of faculty employees more fully described in Article 2.1 of this Agreement.
1.4 "AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, UNIVERSITY OF TOLEDO CHAPTER" (also called "UT‑AAUP") The exclusive representative of the employees in the Bargaining Unit, pursuant to certification by the Ohio State Employment Relations Board.
1.5 "MEMBER" or "MEMBERS" Unless expressly specified otherwise, these terms shall refer to members of the Bargaining Unit.
1.6 "PRESIDENT" The President of The University of Toledo unless expressly specified otherwise.
1.7 "DAY" A working day exclusive of all Saturdays, Sundays and official holidays observed by the University within the work year.
1.8 RULES OF CONSTRUCTION Unless specified to the contrary elsewhere in this Agreement, the following rules shall apply:
1.8.1 "APPLICATION OF AGREEMENT" Provisions of this Agreement shall apply to all Members of the bargaining unit, unless specified to apply only to certain Members of the bargaining unit.
1.8.2 "HEADINGS" Headings and captions are used in this Agreement for purposes of convenience only and do not carry substantive meaning.
1.8.3 "GENDER and NUMBER" The masculine, feminine, and neuter gender as used in this Agreement import one another, and the singular shall include the plural whenever applicable.
1.9 “Employer’s Designee”
The Employer’s designee is Management’s representative for Faculty Labor Relations, which is currently the Assistant Vice President for Faculty Labor Relations. If the Employer’s designee changes, the Administration will notify the AAUP in writing within five (5) days.
2.1 The
Board hereby recognizes the UT‑AAUP, pursuant to certification by the
Ohio State Employment Relations Board (SERB) in case 97‑REP‑01-005,
dated July 10, 1997, as the exclusive representative for the purpose of
collective bargaining with respect to wages, hours, terms and other conditions
of employment for the bargaining unit described below:
Included: Full time faculty not hired with tenure or not hired on a tenure track, designated as a member of the bargaining unit, or visiting faculty members who have held a visiting appointment for more than three years.
Effective
August 16, 2004, Part-time faculty who thereafter teach nine credit hours or
more in any three semesters, excluding summer session, over a rolling
four-year period shall be included in the Unit at the start of the semester
following the third semester in which nine credit hours or more are taught.
Excluded: Visiting appointments of three years or less; research, in-residence, legal research and writing instructors, off-campus program associate, ESL Specialist (American Language Institute); part-time faculty, all tenure and tenure track faculty; College of Law Faculty; superannuates; all managerial and supervisory employees; administrative and professional employees and all other employees.
2.2 The
Employer shall not aid, promote, or finance any group or organization which
purports to engage in collective bargaining on behalf of the Members or seeks
to undermine the UT‑AAUP's status as the Bargaining Unit’s
representative.
2.3 If, during the term of this Agreement, questions arise as to
the bargaining unit status of one or more professional staff employees whose
positions are not otherwise excluded in section 2.1 of this Agreement, the
Parties shall meet promptly to discuss the status of the positions and shall
attempt to reach agreement as to the positions' inclusion or exclusion from the
Bargaining Unit. If the Parties are unable to reach agreement as to the status
of the position within ten (10) calendar days from the commencement of the
discussions, either party may petition the SERB for a determination of the
status of the position. This procedure shall also apply to questions of this
nature arising from mergers, acquisitions and expansions of the University.
3.1 The Employer and UT AAUP agree that they shall not discriminate nor tolerate discrimination against any member in matters of wages, hours, terms and other conditions of employment on the basis of race, color, religion, sex, age, national origin, sexual orientation, veteran status, the presence of a disability, marital status, political affiliation or any other characteristics protected by Federal or Ohio Law.
3.2 The Employer and UT‑AAUP hereby express their strong opposition to and condemnation of all forms of sexual harassment.
3.3 The Employer and UT-AAUP shall not discriminate against any Member for any activities on behalf of the AAUP or for membership or non-membership in the UT-AAUP.
3.4 UT‑AAUP and the Employer agree to adhere to the University's non‑discrimination and affirmative action employment policies provided that such policies are not in conflict with this Agreement.
Except as expressly limited by the terms of this Agreement, the Board, directly or acting through its duly constituted authorities, retains and reserves exclusively to itself all powers, rights, authority, prerogatives, duties and responsibilities conferred upon and vested in it by the laws and constitution of the State of Ohio and of the United States, whether exercised or not. Without limiting the generality of the foregoing, except where expressly stated in this Agreement, nothing contained herein shall in any way limit the Board's right to adopt new or modify or terminate existing policies, rules, regulations, and procedures in furtherance and accomplishment of its statutorily mandated authorities and responsibilities. The Board acknowledges its duty to bargain in good faith over the employment effects of such actions if requested to do so by the Union. Upon fulfilling said duty, the Board may implement its proposed actions.
Except as specifically modified by an express provision of this Agreement, none of the rights reserved exclusively to the Board shall be subject to the grievance procedure of this Agreement.
5.1.1 Members are entitled to full academic freedom in the classroom in preparing their courses and discussing their subject. Members shall be careful not to introduce into their teaching controversial matter which has no relation to their subject.
5.1.2 Members are citizens, members of a learned profession, and faculty of the University. When they speak or write as citizens, they shall be free from University censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they must remember that the public may judge their profession and the University by their utterances. Hence they must at all times be accurate, exercise appropriate restraint, show respect for the opinions of others, and make every effort to indicate that they are not speaking for the University.
5.2