This agreement is entered into between Indiana University of Pennsylvania (IUP), of the State System of Higher Education, and AFSCME District Council 83, for the exclusive purpose of applying the provisions of Appendix R in lieu of Article 6, Sections 5 and 8, of the parties' Collective Bargaining Agreement.
It is agreed and understood that IUP will not be required to expend additional funds, hire additional staff, or budget for additional costs in order to comply with the conditions of this agreement. Further, there shall be no impairment of operational efficiency, jeopardization of accreditation, or deleterious impact on standards of service posed by implementation of this agreement. It is recognized that the Alternate Work Schedule will not increase any individual employee's benefits, e.g. compensation, leave, etc. The parties recognize that management will conduct a review on a semi-annual basis of the impact of this schedule upon cost, complement, efficiency, and the benefits, i.e. a higher level of customer satisfaction, improved employee morale, and decreased absenteeism. Increased cost and/or other adverse impact will be grounds for management to exercise its option to terminate the schedule.
This program offers an opportunity for greater employee scheduling flexibility. It should be understood that participation in this program is not binding on the employees or management. Management shall have the right to determine who will be able to participate in this program including removal from participation when management determines that the schedule adversely affects the individual's performance and/or the delivery of service to clients. Employees eligible for participation in the alternate work schedule must be permanent, full-time employees.
New employees may not participate in alternate scheduling until they have successfully completed the probationary period.
Management reserves the right to assign the work force, including the determination of staffing levels necessary to maintain standards and operational efficiency. Management is not obligated to change work assignments to accommodate AWSs.
Adequate management and supervisory coverage must be maintained.
The parties recognize that all relevant contract language may not have been specifically waived in this agreement, and agree that such provisions are waived to the extent that they conflict with the intent of the Alternate Work Schedule. Disputes surrounding such issues will be discussed through meet and discuss.
Each employee will remain on a standard work schedule unless alternate scheduling is requested by the employee and approved by management. All alternate work schedules will be voluntary. The standard work schedule refers to the employee's schedule in effect prior to the effective date of this agreement.
The Alternate Work Schedule (AWS) will not apply to rotating shift staff working eight-hour days.
Seniority shall be used for determining work week days and hours consistent with management's assessment of the impact on the efficient operation of the unit.
Maintenance and Engineering and Construction Group
Employees shall be permitted an uninterrupted 15-minute paid rest period during each one-half work shift provided a minimum of 4 hours in a.m. and 3.5 hours in p.m. are worked. EXCEPTION: See Maintenance and Engineering & Construction Group under Article 6 of this agreement.
Employees shall be granted a duty free meal period during the third to fifth hours of their work shift. The meal period of one-half hour to one and one-half hours will begin at a time established by management. This time may be adjusted by management for operational reasons.
Rest periods and/or meal periods may not be scheduled at the beginning or end of a shift in order to change starting or ending times.
Conflicting provisions of Article 8, Sections 1 and 2 are waived.
Payment for an unworked holiday shall consist of 7.5 hours. When the holiday occurs during the work week, the employees will be granted 7.5 hours of holiday leave. If the employee's alternate work schedule for that day of the week is more than 7.5 hours, the employee must either work the additional hours during the holiday week or submit annual/personal leave to cover the additional time over 7.5 hours.
For equalization purposes, overtime will be considered as any work in excess of the scheduled work shift. Conflicting provisions of Article 20, Sections 1, 3 and 5 are waived.
Leave benefits (e.g. personal, sick, annual, military leave) should be defined in terms of hours.
Example: Five days of family sick leave, as defined in the Master Agreement, shall consist of 37.5 hours. The Personal Leave day earning requirement will remain as stated in the contract.
If an employee requests leave for a regularly scheduled work day, the employee shall be charged leave, hour-for-hour, for the time off.
All work sites should retain the current applications of "workday" and "calendar day" in the grievance appeal time frames. It is understood that time frames for grievance appeals are calculated on the standard schedule of a 5-day work week, Monday through Friday.
It should be clearly understood by the parties that the AWS is not a substitute for adherence to time and attendance policies. Arriving late, leaving early, taking long lunch periods, etc. without prior approval are considered abuses of the approved schedule.
Employees who are issued disciplinary suspensions will revert back to a 7.5 hours per day, 5 days per week schedule during the week(s) the suspension is scheduled.
When an employee desires a change in working hours, the employee should submit the request in writing to the immediate supervisor, (See Attachment 2). The supervisor shall provide an answer in writing with a copy to the Office of Human Resources. Although every effort should be made to accommodate the request, permission to change working hours is a special arrangement and privilege and should not be considered as a right. It is granted only when the supervisor believes that the requested change will not interfere with the efficient operation of the employee's regular University duties or the needs of the area. Length of service will be the guiding consideration when more than one employee has identical job responsibilities in same work unit. Employees may request an Alternate Work Schedule three times a year.
These periods may be temporarily modified based on the operational needs in each work unit.
This agreement shall be effective July 1, 2011 to June 30, 2015. However, either party may notify the other in writing of a desire to meet and discuss. If no agreement is reached after labor-management discussions within two weeks of such notification, the agreement will expire and IUP employees will revert to the standard work schedules.
A specific work area which has established a flexible work schedule may discontinue or alter the flexible schedule if work needs so dictate. Two calendar weeks notice of this change will be given to employees, unless the change is caused by an emergency.
It is understood and agreed by the parties that this agreement is without prejudice to the future contractual rights of either party and shall set no precedent for any further action.
_________________________________________ ___________Cornelius Wooten Date Vice President for Administration and Finance
_________________________________________ ___________Helen M. Kennedy DateAssociate Vice President for Human Resources
_________________________________________ ___________Terry Skultety, Staff Representative DateAFSCME Council 83
_________________________________________ ___________Cynthia Spielman, President DateAFSCME Local 763
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