Memorandum of Agreement
between
State of Kansas
The University of Kansas Medical Center
and
Public Service Employees' Local Union 1290PE
Table of Contents:
Article 1
UNION RECOGNITION
The Medical Center recognizes the Union as the exclusive representative for those employees of the Medical Center employed in the following job classifications: Agricultural Assistant, Animal Science Tech I, II, Automotive Driver, Baker, Carpenter I, II, Custodial Worker, Certified Asbestos Worker I,II, Electrician I, II, Electronic Technician I and Electronic Technician II (non-supervisory positions only), Equipment Operator, Facilities Specialist, General Maintenance and Repair Technician I, II, Laborer, Lock System Specialist I,II, Mason, Mechanic II, Painter, Plumber I,II Power Plant Operator I,II, Refrg & A/C Svc Tech I, II, Building Systems Technician, Sheet Metal Worker, Sign Shop Worker, Storekeeper I, II, Utility Worker and Welder but specifically excluding all physicians, dentists, registered nurses, licensed practical nurses, office clerical, other clerks, guards, technical and professional employees, supervisory, administrative and executive personnel, confidential personnel as defined in the act under section 75-4322(c), temporary and probationary employees and all other employees.
Article 2
MANAGEMENT RIGHTS
All management functions and responsibilities which the Medical Center has not expressly modified or restricted by a specific express provision of this Memorandum of Agreement are retained and vested exclusively with the Medical Center. More specifically, the Medical Center reserves the right to establish and administer policies and procedures related to patient care, research, education, training, operations, services and maintenance of the Medical Center; to reprimand, suspend, dismiss or otherwise discipline employees for causes; to hire, promote, transfer, layoff and recall employees to work; to determine the number of employees and the duties to be performed; to maintain the efficiency of employees; to establish, expand, reduce, alter, combing, consolidate, or abolish any job classification, department, operation or service; to determine staffing patterns and areas worked; to control and regulate the use of facilities, supplies, equipment and other property of the Medical Center; to determine the number, location and operation of divisions, departments and all other units of the Medical Center, the assignment of work, the qualifications required and the size and composition of the work force; to make or change Medical Center rules, regulations, policies and practices not inconsistent with the express terms of this Agreement; and otherwise generally to manage the Medical Center, attain and maintain full operating efficiency and direct the work force, except as expressly modified or restricted by a specific provision of this Memorandum of Agreement.
Article 3
UNION MEMBERSHIP AND DUES
Section 1. The Medical Center agrees that upon receiving a written, signed authorization from an employee, it will deduct from the wages of the employee the legally established monthly Union dues. The Medical Center and the Union agree that such authorization shall remain effective for not less than one hundred eighty (180) days and shall continue until such time as the employee is no longer an employee of the Medical Center or submits a request for termination of authorization in writing.
Section 2. If an employee transfers to a position outside the bargaining unit, is laid off from work, is on an authorized leave of absence or desires to otherwise revoke his/her check-off authorization, it shall be the sole responsibility of such employee to notify the Director of Human Resources, in writing, that such employee no longer desires to have Union dues withheld from his/her wages. The Human Resources Department shall supply the Union a copy of any revocation notices received on a monthly basis.
Section 3. Deductions authorized by this section shall be in accordance with the deduction plan provisions of K.S.A. 1980 Supp. 75-5501 and any amendments thereto.
Article 4
BULLETIN BOARDS
The Medical Center shall provide the Union with space on bulletin boards in non-public areas readily accessible to Employees. A bulletin board will be located in each of the major departments (Facilities Operations, Landscape). These bulletin boards or a portion thereof (sufficient to post two (2) 8 ½" X 11" Union notices) will be for the exclusive use of the Union for purposes of posting official notices of the following Union activities; meetings, elections, and results of elections, appointments, recreational and social affairs. The Medical Center assumes no responsibility and/or liability for matters posted on bulletin boards by the Union.
Article 5
UNION VISITATION
Representatives of the Union shall be permitted to come on the premises of the Medical Center for purposes of administering the terms and provisions of this Agreement. The Union shall accredit such representatives(s) by providing a list to the Director of Human Resources in writing, of the persons who may act as a representative. Prior to coming on the premises of the Medical Center, the Union representative(s) shall first notify the Director of Human Resources or designee of the visit and provide him/her with sufficient information to verify the validity of the visit.
Such visits shall be mutually agreed to between the Medical Center and such union representative so as not to interfere with the scheduled work of the employees. Such visits shall not take place in public areas. If the visit of the Union representative occurs at a time when the Director of Human Resources or his/her designee is not on duty, then the Union representative shall make contact with the Director of Facilities Operations or designee for visitation authority.
Article 6
NO STRIKES OR LOCKOUTS
Section 1 - No Strikes.
For the duration of this Agreement, The Union, its officers, agents, representatives, and members shall not in any way, directly or indirectly authorize, cause, assist, encourage, participate in, ratify or condone any strike, sit-down, sit-in, slow down, cessation or stoppage of work, boycott, picketing, sympathy strike or other interference with or interruption of work at any of the Medical Center's operations. Inciting, inducing or participating in any such activity shall constitute cause for immediate discharge under this Agreement. In addition to any other liability, remedy, or right provided by applicable law or statute, should such strike, sit-down, sit-in, slow down or stoppage of work, boycott, picketing, sympathy strike or other interference with or interruption of the operations of the Medical Center occur, the Union shall immediately do the following:
(a) Publicly disavow such action by the employees.
(b) Advise the Medical Center in writing that such action by employees has not been called or sanctioned by the Union
(c) Notify employees of its disapproval of such action and instruct such employees to cease such action and return to work immediately.
(d) Post notices on the Union bulletin boards advising that it disapproves such action.
Section 2 - No Lockouts.
In consideration of the no-strike pledge by the Union, for the duration of this Agreement the Medical Center shall not lockout its employees.
Article 7
SAFETY
Safety is of mutual concern to the Medical Center and the Union on behalf of the employees. The Union will cooperate with the Medical Center in encouraging employees to observe applicable safety rules and regulations.
At least once each six (6) months all employees will attend a department and/or section safety meeting to become better informed on safe work habits and safety rules.
The Medical Center shall comply with applicable federal, state or local safety laws, rules and regulations.
All employees shall be alert to any unsafe conditions and promptly report such unsafe conditions to their supervisors.
Each department shall designate a contact person/persons to allow for employee recommendations on safety.
Supervisors shall see to the prompt investigation and correction of unsafe conditions, if warranted. If the supervisor is unable to correct the condition, it shall be referred to the department head. In the event the unsafe condition is not corrected, the department head and the employee may take the matter to the Safety Office. The Safety Office shall promptly investigate the unsafe condition and give the employee and the department head a written answer as to disposition of the matter.
A safety committee shall have adequate representation from the appropriate unit and from the Medical Center Safety Office. The committee shall meet monthly and membership may rotate each twelve months. The Purpose of the Safety Committee shall be to report and review safety conditions and bring them, with recommendations, to the attention of the Director of Facilities Management or designee.
The Medical Center agrees to provide protective devices, wearing apparel and other equipment reasonably necessary to properly protect employees working for prolonged periods in inclement weather or as required by applicable law.
Article 8
HOURS OF WORK AND OVERTIME
Section 1, Regular Workday - A "regular workday" shall consist of either eight (8), ten (10), or twelve (12) hours, exclusive of meal periods. The Medical Center will give affected employees reasonable advance notice of any permanent change of their workday hours.
Section 2, Work week - The Medical Center standard work week will consist of one week with a total of forty (40) hours worked within a period of seven (7) consecutive days commencing at 12:01 a.m. Sunday, and ending at 12:00 midnight on Saturday; or commencing at 7:01 a.m. Sunday and ending at 7:00 a.m. on the following Sunday.
Section 3, Hours Worked - Nothing is this Agreement shall be construed as a guarantee by the Medical Center of hours worked per day, per week, or per year. Employees shall report properly dressed, equipped and ready for work at their job location. Employees shall start and conclude work at their job location at the times designated by the Medical Center except as otherwise directed. Time used for meals shall not be counted as time worked.
Section 4, Overtime - All hours actually worked in excess of forty (40) hours per work week shall be considered overtime and shall be paid at the rate of one and one half (1 ½) times the employee's regular hourly base rate. Alternatively, at the discretion of the Medical Center, employees actually working in excess of forty (40) hours in a work week may be awarded compensatory time at the rate of one and one half (1 ½) hours for each hour worked in excess of forty (40).
In all scheduling of daily work period, overtime, and emergencies, the Medical Center reserves the right to staff departments and assignments as required to fulfill the mission of the Medical Center. The Medical Center agrees to give employees notice of the need to work overtime immediately upon determining that the need to work overtime exists. Overtime assignments which are pre-scheduled and not a part of continuing work shall be filled by seeking qualified volunteers. If there is more than one volunteer, the overtime assignment shall be given to the more senior employee. If no volunteers express interest, the overtime shall be assigned to qualified employees on a rotating basis beginning with the least senior employee in the shop or unit.
Section 5 - In the event of an emergency, and for its duration, not to exceed thirty (30) calendar days, the Medical Center reserves the right to suspend sections 8 through 11 of this Article to fulfill the mission of the Medical Center. Emergency situations may be extended or repeated as determined by the Appointing Authority after consultation with the Union. The Appointing Authority and the Union representative shall meet at least ten (10) days prior to the expiration of the thirty (30) day period to discuss progress made in resolving the emergency.
Section 5A - For purposes of this section, except in an emergency, and not to exceed seventy-two (72) hours, employees will not be permitted to work more than sixteen hours in a twenty-four (24) hour period. Nor will employees be permitted to work excessive amounts of overtime. In the event an employee works more than sixteen consecutive hours, he/she will be given a reasonable rest period before being required to report back to work.
Section 6 - Premium Pay cannot be pyramided under this or any other article of this Agreement.
Section 7, Rest Period and Meal Break - All employees will normally receive a rest period of fifteen (15) minutes for every four (4) hours worked. All rest periods are to be taken as scheduled by the Medical Center. These rest periods shall be considered as time worked. A meal break of thirty (30) minutes without pay will be given at or near the middle of the work day as scheduled by the Medical Center. Employees who are required by the Medical Center to work through their meal period will be paid for that 30 minute period. Employees will be expected to respond to emergency situations including but not limited to floods, fire, power outages, etc., even if such response would interfere with a normal rest period or meal break. Such rest periods or meal periods may be rescheduled after the emergency situation has passed or as soon as relief personnel are assigned. Combination of rest and meal periods shall not be permitted. Foregoing rest periods and/or meal periods to accrue time off shall not be permitted.
Section 8, Shift Schedules - It is the intent of the Medical Center to schedule shifts, if possible, in such a way as to (a) avoid regularly scheduled return to work with less than eight (8) hours of rest since the last shift worked, and (b) avoid regularly scheduling an employee to work seven (7) or more consecutive days.
Section 9, Shift Preference - The Medical Center and the Union agree to consider shift preference of qualified employees (as determined by the Medical Center) within the same classification and department. In determining qualifications, the Medical Center at its discretion may consider, among other things: related job experience, Medical Center job performance, special skills and training, related education, disciplinary and attendance records. Employees who desire a shift change may indicate their preference to their immediate supervisor or department head at any time on forms provided, for consideration at such time that a vacant position on the desired shift occurs.
Section 10, Shift Coverage - The Medical Center reserves the right to change an employee's shift assignment when necessary to maintain operating efficiency. When the Medical Center determines that operating conditions permit, the Medical Center will give employees a minimum of fourteen (14) days advance notice of their change of shift.
Section 11, Job Clean Up - Employees shall be allowed adequate time, normally not to exceed 15 minutes, for the purpose of on the job clean up at the end of the work day. This time shall be provided only for the purpose of clean up and shall not be granted unless it is used for that purpose.
Article 9
GRIEVANCE AND ARBITRATION
Section 1. A grievance is defined as a dispute arising under and during the terms of this Agreement raised by a bargaining unit member who has completed his/her probationary period involving an alleged violation, misrepresentation, or misapplication of an express provision of this Agreement or a Medical Center policy related to his/her status as an employee.
Employees are encouraged to attempt to resolve their grievances first with their immediate supervisor at the earliest opportunity. If the matter cannot be resolved to the employees satisfaction through informal discussion with the immediate supervisor, the grievance shall be processed in accordance with the following procedures:
Step 1. Within five (5) days of the date the grievable act occurred or the date that the employee knew or should have known that the grievable act occurred, the employee(s) having a grievance shall present the grievance in writing on Form (A) attached hereto and signed by the employee(s) to his/her/their immediate supervisor. The employee shall also provide a copy of the grievance to the Department Head (or designee). Employees may obtain grievance forms from either the Union or Human Resources.
The employee(s) shall be entitled at his/her/their request to have a Union representative employed by the Medical Center accompany him/her/them at any step of this procedure.
The immediate supervisor shall within five (5) days (after the foregoing discussion) give answer in writing to the employee an the Union representative.
Step 2. In the event that the grievance is not settled at Step 1 to the employee's satisfaction, the employee(s) may within five (5) days after receipt of the supervisor's response appeal the grievance to the employee's Department Head and/or his/her designee (copy to the Director of Human Resources).
The Department Head may meet with the employees or other personnel within the department as needed in order to prepare such a reply.
The Department Head or designee shall respond to the grievance in writing within five (5) days after receipt of the appeal. The response shall be sent to the employee(s) with a copy to the Director of Human Resources and to the employee's Union representative if the employee has chosen to be represented.
Step 3. If the grievance is not settled at Step 2 to the employee's satisfaction, the employee(s) may within five (5) days after receiving the answer in Step 2 above, submit the grievance to the Director of Human Resources or his/her designee.
The Director of Human Resources or designee may conduct an investigation as he/she deems necessary in order to resolve the grievance. During such investigation, the Director of Human Resources or designee may interview the employee, Union Representative or other employees if he/she deems same is necessary.
The investigation phase of Step 3 shall be concluded within ten (10) days after the filing of the grievance with the Director of Human Resources. The Director of Human Resources or designee shall render a written decision within five (5) days after the conclusion of the investigation. Such decision shall be sent to the employee and to her/his Union representative if the employee has chosen to be represented.
Step 4. Grievances which have not been resolved in Step 3 may be appealed in writing, signed by the grievant within five (5) days after the receipt of the response of the Director of Human Resources. The Step 4 appeal shall be to an impartial arbitrator selected in accordance with the following procedures. Notice of such appeal shall be delivered to the Director of Human Resources.
Upon receipt of an appeal to Step 4, representatives of the parties shall meet within ten (10) days of the appeal to choose an arbitrator. If they are unable to agree within five (5) days, they shall jointly request that the Federal Mediation and Conciliation Service provide a list of five (5) qualified impartial arbitrators. The representatives shall determine by lot the order in which they will strike names from the list provided.
The arbitrator shall act in a judicial capacity and shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement or Medical Center policy. The decision of the arbitrator shall be based solely upon the application of the express terms of this Agreement or Medical Center policy and shall be limited to the specific facts and issues of the grievance so presented.
The decision of the arbitrator shall be advisory only and shall be presented in writing to both parties by such impartial arbitrator within thirty (30) calendar days following the close of the hearing or submission of briefs by the parties.
The fee and expenses of the arbitrator shall be divided equally between the Union and the Medical Center.
Section 2. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, and official holidays.
Section 3. If the Medical Center fails to answer a grievance in a timely manner at any step, the grievance shall automatically advance to the next step in the procedure.
Section 4. If the employee fails to follow the above steps within the time limits set forth herein, the grievance shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement unless the employee can show that unusual circumstances prevented the timely filing of the grievance.
Article 10
NON-DISCRIMINATION
It is agreed by the Medical Center and the Union that there will be equal opportunities and encouragement to every applicant and employee regardless of race, religion, color, sex, national origin, disability, age, or veteran's status, in securing and holding, without discrimination, employment in any field of work or labor for which such applicant or employee is properly qualified. Further, no reprisals or admonishments shall be taken against an employee because of their lawful union participation.
Article 11
USE OF FACILITIES
Upon receipt of a written notice from the Union, the Director of Human Resources agrees to provide a meeting place (providing space is available) for the Union. Such meeting places shall be provided under the following circumstances:
1. The Union agrees to reimburse the Medical Center for any additional expenses incurred by the Medical Center including janitorial services or other expense which would not have been incurred had the space not been made available to the Union.
2. Requests for the use of such space are made a minimum of 7 days in advance of the date requested, and in the event of cancellation, is cancelled not less than 48 hours prior to scheduled use.
Article 12
STEWARDS
Section 1. The Medical Center agrees to recognize stewards who are employees of the Medical Center and who have been designated by the Union to serve in such capacity. It shall be the responsibility of the Union to notify the Director of Human Resources in writing upon designation or resignation or removal of a steward. The number of stewards, selected from among Medical Center employees in the appropriate unit, shall not exceed one (1) chief steward and three (3) line stewards. It is agreed that the Union in appointing such stewards does so for the express purpose of promoting an effective relationship between supervisors and employees by helping to settle problems as the lowest possible level of organization.
Section 2. The function of the line steward is to serve as a Union point of initial contact and information for all employees in the appropriate unit.
Stewards will be allowed reasonable time during working hours, without loss of pay or leave, for the purpose of discussing grievances or other appropriate matters directly related to the work situation of employees. Reasonable time for this purpose shall be interpreted to mean up to thirty (30) minutes per contact, but no more than two (2) hours per week total for all grievance handling. The steward is permitted to discuss the problem(s) with the employee or employees immediately concerned and if appropriate, to attempt to achieve settlement with the supervisory personnel involved. Before attempting to act on any employee grievance, the steward will insure that the employee has discussed the matter with his/her supervisor. The steward may be present during the discussion between the employee and the supervisor if the employee so requests. Before leaving his/her post, the steward will request permission of his/her immediate supervisor and advise him/her:
(1) that his/her absence involves Union business;
(2) the location to which he/she is going.
It is understood that the work and service provided by the Medical Center are the primary concern and such requests for absence on Union business will be evaluated by the supervisor in light of the steward's assigned work and the conditions existing at the time. If the supervisor feel that he/she cannot excuse the steward at the requested time, he/she should advise the steward of the time he/she may be excused. On arriving at his/her destination, the steward will seek out the person in charge and advise him/her:
(1) the purpose of his/her visit;
(2) the name of the employee he/she wishes to see. The supervisor will normally make the employee available. If the employee is not available because of work demands, the supervisor will inform the steward when the employee will be available.
Section 3. The function of the Chief Steward is to assist the line stewards when necessary. He/she will observe the procedures set forth in Section 2 of this article.
Section 4. It is agreed that the time off during working hours granted to stewards will not be used for discussing any matters connected with the internal management and operation of the Union; the collection of dues or assessments; the solicitation of membership; campaigning for elective office in the Union; the distribution of literature; or the solicitation of grievances or complaints.
Section 5. An employee desiring to leave his post to discuss an appropriate matter with a steward will obtain prior permission from his/her supervisor.
Article 13
OFFICIAL PERSONNEL FILES/DISCIPLINE
Section 1. - Personnel Files
A. The Medical Center and the Union agree that the file maintained by Human Resources shall be the Official Personnel File. Employees may review their Official Personnel File upon request once each quarter. If an employee so requests, he/she may receive without charge one (1) copy of any document in his/her Official Personnel File. Personnel Files should be reviewed with the Director of Human Resources or designee and may not be removed from Human Resources without the specific authorization of the Director of Human Resources. With written permission from the involved employee, the Union steward may accompany the employee for the purposes of reviewing such employee's Official Personnel File when such employee has requested Union representation.
B. Each department may maintain a file on each Employee in their department, provided that such file shall also be subject to review once each quarter upon request of the respective employee. Such departmental file is not the Official Personnel File of such employee.
C. Nothing in this Article shall prohibit a supervisor from maintaining a supervisor's log or notes which shall not be subject to employee review but may be subject to discussion with the employee.
Section 2 - Discipline
A. The Medical Center reserves the right to, with proper cause, discharge, suspend or otherwise discipline employees for violations of Medical Center policies and/or provisions of this Agreement. Discipline resulting in the suspension, demotion or dismissal of an employee covered by this Agreement shall not be subject to the grievance and arbitration procedures contained in this Agreement. In addition, the Medical Center shall not be required to use "progressive" discipline for employees on probation.
B. The Medical Center and the Union agree that employee discipline is most effective when discipline is proportional and progressive. As a result, the Medical Center agrees that it will normally use a "progressive" system of discipline. Both the Medical Center and the Union understand that any or all steps of the progressive system may be by-passed in cases of serious misconduct, poor performance, or other violations of policy and/or this Agreement. Similarly any repetition of instances of the same misconduct, performance or policy violation may also result in by-passing progressive discipline.
C. Progressive discipline generally follows the steps below:
Step One. Report of Employee Guidance and Discipline - (Written warning)
Step Two. Suspension without Pay
Step Three. Dismissal
Reports of Employee Guidance and Discipline (REGD) regarding performance or conduct, when used for disciplinary counseling purposes and placed in an employee's Official Personnel File, shall remain valid for a period of no more than one (1) year from the date of the counseling, provided, that the employee has received no other disciplinary action(s) similar or equally serious in nature during the one (1) year period.
D. Employees shall be given a copy of any REGD or other formal counseling prior to such forms being made a part of the Official Personnel File. In addition, prior to such documents being made a part of the Official or Departmental Personnel File, employees shall be given a copy of any document which management intends to use to support future discipline.
E. In order to propose discipline at Steps Two or Three (Suspension without Pay/Dismissal), supervisors will be required to make recommendation to their department head (or designee). Department Heads (or designees) will evaluate the supervisory recommendation and if warranted, forward the recommendation to the Director of Human Resources office. Before, proposing suspension without pay or dismissal in accordance with K.S.A. 75-2949 et sec., the Director of Human Resources will evaluate the department head recommendation and determine whether or not the proposed discipline is reasonable and warranted.
F. The Medical Center agrees it will provide to the union a copy of letters to unit employees pertaining to discipline proposed at Steps Two or Three.
Article 14
RULES AND REGULATIONS
General rules and regulations pertaining to the performance of work and conduct of employees will be developed by the Medical Center. Such rules and regulations and changes made by the Medical Center from time to time will be reasonable and not inconsistent with express provisions of this Agreement. The Medical Center agrees to communicate such changes in rules and regulations to employees prior to their implementation. In addition, copies of such rules and regulations and any changes will be made available to the Union prior to implementation. Departmental policies shall be consistent with both Medical Center rules and regulations. It is understood that all employees in the appropriate unit agree to observe and adhere to the rules and regulations of the Medical Center insofar as they do not conflict with the express terms and provisions of this Agreement
Article 15
ORIENTATION
All new employees will attend one (1) orientation meeting as scheduled by the Medical Center. During the course of such meetings, employees in the unit will receive a flyer informing them that they are union eligible, are covered by the Memorandum of Agreement, and the date/time, and location of the next meeting to introduce them to the Memorandum of Agreement.
All new employees will be given pre-assignment instruction and orientation to their department or work area. Such instruction/orientation will normally be performed by the immediate supervisor.
Article 15A
INTRODUCTION TO MEMORANDUM OF AGREEMENT
The Medical Center and the Union agree that acquainting new employees regarding the terms and conditions set forth in the Memorandum of Agreement is mutually beneficial. The Medical Center agrees to provide space on a monthly basis for a meeting to be conducted jointly by members of management and either a union steward, officer or business agent. This meeting will be 15 minutes in length and will be scheduled around the new employee's other work obligations.
The purpose of this session shall be solely to review the terms of the Memorandum of Agreement with new employees and answer any questions the employee may have about the procedures contained therein. Such meetings shall not be used to solicit membership or conduct other internal union business.
Any materials to be presented to new employees during this meeting will be mutually agreed upon.
Article 16
ANNOUNCING JOB OPENINGS
Section 1 - Except as provided in Section 2, the Medical Center agrees to post new and vacant positions in the appropriate unit. The method of posting may include bulletin boards, job lines (telephone), or internet. Announcements will be posted in accordance with K.A.R. 1-6-2 and shall remain posted for a minimum of seven (7) consecutive days.
Section 2 - Subject to Federal and/or State laws, regulations or directives relating to Affirmative Action, veteran's preference and the Kansas employee preference program, such vacancies will be filled with the "best qualified" candidate as determined by the Medical Center. To the extent permitted by the above requirements, the Medical Center agrees to first consider the applications of employees from within the appropriate unit who apply for job postings described in Section 1, meeting the established qualifications for the position and being eligible for appointment under Civil Service regulations.
Section 3 - In determining "best qualified", the Medical Center at its discretion may consider, among other things: related job experience, job performance, special skills and training, related education, disciplinary and attendance records.
Article 17
DEATH LEAVE
Upon the death of a member of the employees immediate family, a regular employee may request death leave. If approved, the employee will be granted leave with pay, up to three (3) working days. Additional days may be granted on showing that circumstances require travel out of the surrounding area or showing that an earlier return would work a hardship upon the employee. In no event shall death leave exceed six (6) working days.
For purposes of this article, immediate family shall be defined as: spouse, child, mother, father, brother, sister, foster parents, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents and grandchildren or any relative residing in the employee's household.
Article 18
MILITARY LEAVE
The Medical Center will continue to comply with all applicable state and federal statutes and regulations relating to the employment rights of employees serving in the armed forces of the United States.
Article 19
LEAVE WITHOUT PAY
Regular employees in the appropriate unit at the Medical Center may be granted leave without pay for a reasonable period of time consistent with the effective fulfillment of the Medical Center's duties, but not to exceed one (1) year. Requests for leave without pay may be made for the following reasons: childbearing, illness, temporary disabilities, the birth of the employee's child, the adoption of a child by the employee, the initial placement of a foster child in the home of the employee, in order to care for a family member who has a serious health condition, or other good and sufficient reason. Such requests shall be reviewed and approved or denied by the Appointing Authority. Any leave that exceeds (30) calendar days shall be reported the State Division of Personnel Services.
(a) Employees who are still in probationary status may be granted leave for a period not to exceed sixty (60) days.
(b) Permanent employees may be granted leave of absence without pay from a classified position in order to take an appointive position in the unclassified service.
(c) Voluntary separation from the classified service to accept employment outside the state service shall be considered insufficient reason for approval of a leave of absence without pay.
(d) If interests of the Medical Center require, the Medical Center Appointing Authority may terminate a leave of absence without pay by giving notice in writing to the employee.
(e) An employee returning at the expiration of an approved leave without pay or upon notice by the Medical Center that a leave without pay has been terminated, shall be returned to a position in the same classification as the position held at the time the leave was granted.
(f) Failure to report on the expiration date of an authorized leave of absence or within five (5) days after notice to return shall be deemed a resignation.
(g) Employees serving a promotional probationary period may be granted leave without pay provided permanent status had been earned in the classification in which employed prior to the current appointment. The employee's current probationary period shall be continued effective with return from leave until the total time actually served equals the time required.
(h) Employees on leave of absence without pay shall not be credited with accrual of vacation, sick, holiday or other benefits during the period of the leave without pay. Employees on leave without pay are not eligible for salary increases while on leave.
Article 20
JURY DUTY LEAVE
Section 1. Regular or probationary employees as defined in Article 8 of this Memorandum of Agreement, excluding temporary employees, shall be granted leave of absence by the Medical Center for required jury duty or for any other appearance required by subpoena before, and at the direction of the Kansas Commission on Human Rights, the United States Equal Employment Opportunity Commission, or a court.
Section 2. Leave with pay shall be granted to a regular or probationary employee for a required appearance before a court, legislative committee, or other public body, if the Director of Human Resources considers the granting of leave with pay to be in the best interest of the Medical Center.
Section 3. For the purpose of this article, required appearance means the time reasonably required to travel to and from the court or above named forum, in addition to the actual time spent in service.
Section 4. Each employee granted leave with pay under this article who receives pay or fees for a required appearance, excluding jury duty, shall turn over to the Medical Center the pay or fees in excess of $50.00. The employee may retain any amount paid to the employee for expenses in traveling to and from the place of the jury duty or required appearance.
Article 21
PROBATIONARY PERIOD
Section 1. The Medical Center and the Union agree that all employees in the appropriate unit shall be subject to a probationary period in accordance with State of Kansas Civil Service rules and regulations.
Section 2. New employees shall be subject to a probationary period of six (6) months. The Medical Center may retain or discharge probationary employees, except that at its discretion, the Medical Center may extend the probationary period for an period not to exceed three (3) months. Employees in their original probationary period shall not have recourse to the grievance and arbitration procedures contained in this agreement.
Section 3. Employees who are promoted or reinstated, shall be subject to a probationary period of not less than three (3) months nor more than six (6) months. Such probationary periods may not be extended.
Section 4. The probationary period shall be extended as a result of an employee being placed on an approved leave of absence. The probationary period shall be extended by the length of the leave of absence.
Section 5. Employees whose original probation is extended beyond six (6) months, and who are otherwise eligible for an increase in salary, shall receive the increase as provided by K.A.R. 1-5-19.
Article 22
EMPLOYEE INFORMATION PROVIDED TO EMPLOYEE ORGANIZATION
The Medical Center agrees to provide the Union on or about the last business day of each month, a list containing the Name of the Employee, Job Title, Date of Hire and home address for all probationary and regular positions covered by this Memorandum of Agreement. The Medical Center agrees to provide this information in a mutually agreed upon electronic format.
Article 23
HEALTH INSURANCE
Employees in the appropriate unit will continue to be eligible to participate in the State of Kansas Group Health Plans as established by the State of Kansas. It is agreed that the Medical Center shall pay that portion of the employee's premium for health insurance coverage as prescribed by the state legislature. The Union may recommend changes in health insurance coverage on an annual basis to the State Health Care Commission.
Article 24
RETIREMENT BENEFITS
Eligible employees in the appropriate unit of the Medical Center shall continue to participate in the retirement program provided for State of Kansas classified employees. Such participation shall be in accordance with state statute and regulations.
Article 25
UNIFORMS
The Medical Center will provide uniforms at the Medical Center's expense for all employees required to wear them. These uniforms remain Medical Center property and are on loan to employees, who are responsible for care of these garments. Employees must return all uniforms to the Medical Center upon leaving employment. The Medical Center will issue replacements for damaged or worn-out uniforms at the Medical Center's expense at the discretion of the Department Head.
Article 26
SHIFT DIFFERENTIAL
Employees whose regularly scheduled shift falls between the hours of 3:00 p.m. and 6:00 a.m. shall be eligible for shift differential. In order to receive the shift differential, an employee must actually work four or more consecutive hours during such shift differential period (3:00 p.m. - 6:00 a.m.)
All job classifications covered by this Agreement shall be eligible for shift differential as set forth by Kansas Administrative Regulation 1-5-28.
Article 27
TRAINING PROGRAMS
The Medical Center at its discretion shall provide training programs for employees. The substance of the training programs and any changes thereto, are in each instance to be determined by the Medical Center. Any training required by the Medical Center shall be paid for by the Medical Center.
The Union may make suggestions pertaining to training involving members of the appropriate unit. If such proposals effect all employees in the appropriate unit, the proposals shall be made by submitting the proposed ideas in writing to the Manager of Training/Development. Suggestions restricted to training within a specific unit or department may be sent to the appropriate department head.
Article 28
HOLIDAYS
The Medical Center and the Union agree that as a condition of employment, regular employees in the appropriate unit shall be expected to report for work on holidays with the exception of holidays designated by the Governor on an annual basis. In accordance with K.A.R. 1-9-2, official holidays are as follows:
| New Year's Day | Memorial Day | Independence Day |
| Labor Day | Veteran's Day | *Martin Luther King B-Day |
| Thanksgiving Day | Christmas Day | *Discretionary Day |
* Other days designated by the Governor as holidays shall be considered holidays for employees in the appropriate unit. When necessary to do so, the Medical Center may require any or all employees to report for work on any of the above holidays.
Section 2 - Regular full-time employees in the appropriate unit shall be paid on the basis of eight (8) hours pay at their regular straight time hourly rate of pay for the above holidays on which no work is performed. Regular full-time employees in the appropriate unit who are required to work on a holiday, shall be paid at 1 ½ times the regular hourly rate, for the hours actually worked on the holiday, or upon written request and approval, receive compensatory holiday credits instead of pay for the hours worked on the holiday at the rate of 1 ½ hours credit for each hour worked.
Section 3 - Requesting Compensatory Holiday Credits. An employee scheduled to work on a holiday may request in writing at least two (2) full weeks in advance of the holiday to receive compensatory holiday credits rather than pay for the hours worked on the holiday. Such requests must also state the date(s) the employee is requesting to take off following the holiday. The time off must be taken either during the same period during which the holiday falls, or during the following pay period. The request for compensatory holiday credits rather than pay and the date(s) of the employee requests to take off following the holiday must both be approved by the department in advance of the holiday. If the approved holiday credits are not used by the employee by the end of the first full pay period following the holiday, such accumulated time that has not been used will be submitted by the department for payment at the earliest opportunity.
Section 4 - When one of the holidays in section one above falls on a Sunday, the following Monday shall be considered the official holiday. If the holiday falls on a Saturday, the previous Friday shall be considered the official holiday.
Section 5 - When one of the holidays falls during an employee's vacation, that day shall not count as one of the vacation days allowed.
Article 29
VACATIONS
Section 1 - The Medical Center and the Union agree that regular employees in the appropriate unit shall be entitled to vacation with pay which shall be earned and accumulated as follows:
Vacation Leave Earnings Schedule for Employees Paid Biweekly:
| Non-Exempt (Hourly) Employees Hours of Annual Leave Accrued Per Pay Period |
||||||
|---|---|---|---|---|---|---|
| Hours in Pay Status Per Pay Period | Less Than 5 Years | 5 but less than 10 Years | 10 but less than 15 Years | 15 or more Years | ||
| FY09 & FY10 | FY09 | FY10 | FY09 & FY10 | FY09 & FY10 | ||
| 0-7 | 0 | 0 | 0 | 0 | 0 | |
| 8-15 | 0.4 | 0.5 | 0.6 | 0.7 | 0.7 | |
| 16-23 | 0.8 | 1 | 1.2 | 1.4 | 1.4 | |
| 24-31 | 1.2 | 1.5 | 1.8 | 2.2 | 2.2 | |
| 32-39 | 1.6 | 2 | 2.3 | 2.9 | 2.9 | |
| 40-47 | 2 | 2.5 | 2.9 | 3.6 | 3.6 | |
| 48-55 | 2.4 | 3 | 3.5 | 4.3 | 4.3 | |
| 56-63 | 2.8 | 3.5 | 4.1 | 5.0 | 5.0 | |
| 64-71 | 3.2 | 4 | 4.7 | 5.7 | 5.7 | |
| 72-79 | 3.6 | 4.5 | 5.3 | 6.5 | 6.5 | |
| 80 | 3.7 | 4.7 | 5.5 | 6.7 | 6.7 | |
| Exempt (Salaried) Employees Hours of Annual Leave Accrued Per Pay Period |
||||||
|---|---|---|---|---|---|---|
| Years of employee service | Present | FY09 | FY10 | |||
| Less Than 5 Years | 3.7 | 3.7 | 3.7 | |||
| 5 but less than 10 Years | 4.7 | 4.7 | 5.5 | |||
| 10 but less than 15 Years | 5.6 | 6.7 | 6.7 | |||
| 15 or more Years | 6.5 | 6.7 | 6.7 | |||
Overtime worked shall not be counted in determining vacation leave earned.
Section 2 - Holidays occurring within the period of an employee's vacation shall not count as one of the vacation days allowed.
Section 3 - The Medical Center shall be responsible for establishing vacation schedules in accordance with the needs of the department. Where practical, vacation requests shall be considered by the department, in accordance with classification and section seniority within the department. Vacation requests must be presented in writing to the department head or his/her designee in accordance with Department policy.
Section 4 - Employees annual leave accumulation will be capped at 304 hours with no opportunity to convert excess annual leave to sick leave.
Section 5 - Payout of unused annual leave will be limited to a maximum 176 hours at termination of employment and a maximum of 240 hours at termination of employment when retirement eligible.
Article 30
SICK LEAVE
Sick leave with pay shall be accumulated by all full-time regular and probationary employees in the appropriate unit of the Medical Center excluding those employees who are on temporary appointments. The rate of accumulation shall be 3.7 hours per payroll period, except as provided in the following:
(a) Employees on an hourly rate who work less than full-time shall receive proportional credit in accordance with the following:
| Hours in Pay Status Per Pay Period | Hours Earned |
|---|---|
| 0-7 | 0.0 |
| 8-15 | 0.4 |
| 16-23 | 0.8 |
| 24-31 | 1.2 |
| 32-39 | 1.6 |
| 40-47 | 2.0 |
| 48-55 | 2.4 |
| 56-63 | 2.8 |
| 64-71 | 3.2 |
| 72-79 | 3.6 |
| 80- | 3.7 |
(b) Sick leave may be accumulated without limit
(c) Sick leave with pay may be granted only for the necessary absence from duty for the following reasons:
(1) Illness or disability of the employee, or of a member of the employee's family when the illness or disability reasonably requires the employee to be absent from work. Illness or disability includes pregnancy, childbirth, termination of pregnancy and recovery therefrom. "Employee's family" includes persons related to the employee by blood, marriage or adoption, and minors residing in the employee's residence as a result of court proceedings pursuant to the Kansas code for the care of children or the Kansas juvenile offenders code.
(2) The employee's or a member of the employee's family's personal appointments with a physician, dentist or other recognized health practitioner. Employees will make reasonable efforts to schedule such appointments at times which will not disrupt work. Further, sick leave may be approved for time away from work resulting from medical appointments and travel time to/from the appointment. Employee's will provide a minimum of 7 days advance notice for routine visits. This requirement shall not apply to acute or emergency situations. Once approval for an appointment has been granted it shall not be rescinded except in an emergency.
(3) Legal quarantine of the employee.
(4) Adoption
(d) In order to receive accumulated sick leave, employees requesting sick leave with pay, after an absence of more than three (3) days or where there appears to be a pattern of sick leave use, may be required to submit a medical certificate from the attending physician or from a designated physician.
(e) In addition, the Medical Center may require an employee to submit a physician statement certifying that the employee has been released to return to work after an absence.
Article 31
SENIORITY
Section 1 - The Medical Center and the Union agree that upon completion of the agreed upon probationary period, the employee in the appropriate unit shall be credited with seniority in accordance with Civil Service regulations.
Section 2 - An employee's seniority accumulation shall be interrupted during any period of time the employee is on approved leave of absence without pay in excess of thirty (30) days and seniority accumulation shall resume when such employee properly returns to work at the end of such leave.
Section 3 - An employee's seniority shall accumulate without interruption during military leave which conforms with applicable state and federal laws.
Section 4 - An employee's seniority shall terminate is he/she:
(a) quits or resigns, except as provided in Civil Service Regulations concerning reinstatement
(b) is discharged for cause
(c) is laid off for a period of three (3) years
(d) fails to report to work as scheduled after an approved leave of absence, layoff or job abandonment within five (5) days following delivery to the employee's last known address of a certified letter from the Medical Center advising him/her that he/she is to be terminated if he/she does not contact the Medical Center Department of Human Resources. Responsibility for informing the Medical Center of the employee's latest address and telephone number rests solely with the employee.
(e) Has been promoted or transferred outside the appropriate unit and has passed the probationary period in the new position.
(f) Accepts other employment outside state service during an approved leave. This shall not apply to employees on approved Union Leave as provided in this Agreement.
Section 5 - Seniority lists covering employees in the appropriate unit shall be brought up to date annually as of November 1st and shall be posted in a conspicuous place. If an error in the seniority lists is noted by an employee, such error must be called to the attention of the Medical Center within thirty (30) days of posting.
Section 6 - Seniority lists shall contain employee's name, date of hire, date entered department, date entered classification.
Section 7 - Classification seniority shall be defined as an employee's uninterrupted service in a classification within the department. Department seniority shall be defined as an employee's uninterrupted service in a department. Section seniority shall be defined as an employee's uninterrupted service in a section.
Section 8 - In the applications of seniority in Section 9 of this Article, where the ability and fitness between employees are substantially equal, seniority will be used as a determining factor. Such determination of ability and fitness shall be made by the Medical Center. Determination of seniority shall be recorded in existing Medical Center Department of Human Resources records.
Article 32
PAY PLAN
The Medical Center and the Union agree that appropriation of funds governing wage rates for employees in the appropriate unit of the Medical Center are set by action of the Kansas Legislature. In 2008, the Kansas Legislature established the State Employee Pay Plan Oversight Committee to review and evaluate the Pay Plan for classified employees statewide. In addition, the Committee is tasked with making recommendations to the Legislature regarding adjustments to the Pay Plan.
If requested by the union, the Medical Center agrees to meet and confer annually regarding wages for unit employees. If requested, such discussion shall occur between February 1 and April 1. If consensus is reached, the parties agree to jointly submit a letter proposing such recommendations to the Director of Personnel Services.
The parties agree that a copy of the Pay Plan shall be provided to the Union as changes occur.
Article 33
HANDLING IMPASSE
In the event the parties agree that the Meet and Confer process seeking a Memorandum of Agreement are at impasse, the parties agree to follow and comply with the impasse procedures set forth in the provisions of K.S.A. 75-4332.
Article 34
MEDICAL EXAMINATIONS
The Medical Center agrees to underwrite the costs of employee medical examinations when such examinations are requested by the Medical Center and required to be performed at facilities and by physicians named by the Medical Center.
Article 35
CALL-IN AND CALLBACK PAY
Section 1 - Employees who are called back to work after having completed their regular work shift and having left the Medical Center premises shall be paid for a minimum of two (2) hours work at the applicable rate of pay.
Section 2 - Employees who are called in to work on a regularly scheduled day off shall be paid for a minimum of two hours work at the applicable rate of pay. They shall be offered four (4) hours work, but if they decline shall be entitled only to the minimum pay.
Section 3 - Employees who are called in from standby shall not receive the minimum outlined in Section 2, but shall be offered one (1) hours work. If the employee declines the one hour minimum, he/she will be paid for the actual time worked.
Section 4 - Employees called in, called back or kept over for snow removal and who work 12 continuous hours shall be allowed reasonable rest prior to being required to report back to duty. In order to provide this rest period it may be necessary for the employee to work less than a full shift for the day in question. In these cases it shall be the employee's choice whether he/she wishes to accept the adjusted work schedule or to waive the rest period.
Section 5 - Only hours worked shall be credited in determining eligibility for overtime.
Article 36
UNION LEAVE
A permanent employee in the appropriate unit of the Medical Center having a minimum of five (5) years service with the Medical Center may request a leave of absence, without pay, to accept a full-time Union position to which appointed or elected.
Union leave of absence shall not be granted to exceed one (1) year.
An employee who has been granted a Union leave of absence shall retain classification seniority status as of the date the leave began but shall not accrue additional seniority during the leave.
An employee who returns at the expiration of a regularly approved Union leave without pay shall be returned to a position in the same class as the position held at the time the leave was granted.
Failure to report for work on the expiration date of an authorized Union leave of absence or within five (5) days after notice to return at an earlier date shall be deemed a resignation.
Article 37
LIE DETECTOR TESTS
The University agrees that no employee covered by the articles of this Memorandum of Agreement will be required to take a lie detector test as a condition of retaining his or her employment. If an employee is asked to take such a test on a voluntary basis and declines, no assumption of guilt or innocence will be made as a result of the refusal.
Article 38
SAVINGS CLAUSE
If any provision of this Agreement is found to be or is subsequently declared by the proper Judicial Authority or the Kansas Legislature to be unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this Agreement shall remain in effect for the duration of this Agreement. Any provision of this Agreement which is based upon any valid law, or Department of Administration regulation, all or in part, either directly or indirectly, shall be adhered to in its present form or as it may be subsequently be amended and changed.
Article 39
APPROVAL OF THE BOARD OF REGENTS, GOVERNOR AND THE LEGISLATURE
It is agreed by and between the Medical Center and the Union that this Memorandum of Agreement shall be submitted to the Kansas Board of Regents for approval or rejection and, if approved, any provisions of this Agreement which require amendment of rules and regulations of the Department of Administration or of the Pay Plan and Pay Schedules of the State of Kansas may be approved or rejected by the governor and, if approved shall be implemented to become effective at such time as the Governor or Legislature, as the case may be, specifies and in the manner prescribed by law. Further, the parties agree that any provisions of this Memorandum of Agreement which requires passage of legislation for its implementation shall be submitted to the legislature at its next regular session, and if approved shall become effective on a date specified by the legislature.
Article 40
DURATION AND TERMINATION
This Memorandum of Agreement shall become effective on the first full pay period following approval of the Kansas Board of Regents, and the Secretary of Administration and shall remain in effect through and including October 31, 2011.
The entire Agreement shall automatically renewed from year to year thereafter unless either party notifies the other in writing not less than ninety (90) days prior to the anniversary date that it desires to modify or terminate this Agreement. If such notice is given, meet and confer meetings shall begin no later than sixty (60) days prior to the expiration date.
| University of Kansas Medical Center | Public Service Employees Local Union 1290PE | ||
| Director of Human Resources | Date | Business Agent | Date |
| Chancellor | Date | International Rep. | Date |
| Board of Regents | Date | Meet and Confer Team | Date |
| Secretary of Administration | Date |
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