WELCOME TO MOU TRAINING

1. WELCOME TO MOU TRAINING

2. OBJECTIVES Discuss working relationships between supervisors and employees in a labor-management context Review the provisions of both union contracts Highlight the most impactful provisions (on front-line supervisors) AGENDA How we got here�.. Why we�re here�. Operating in our new Environment: Provisions of the MOU What Supervisors need to know�.. Q & A throughout

3. Key Terms MOU: Memorandum of Understanding, I.e. the union contract Union: The certified representative for bargaining Bargaining Unit (BU): Employees to be represented AFSCME: The Union representing BU staff ULP: A charge filed against a party under state/federal law Grievance: A dispute heard under our internal process BOR: Board of Regents Job Steward: A representative designated by the Union Supervisor: Supervises two or more employees Manager: Directs operations Confidential employee: An employee privy to HR info These are all terms you will hear during today�s presentation: The MOU refers to the Memorandum of Understanding also known as the collective bargaining agreement between the parties. The Union is the representative certified by the State Higher Education Labor Relations Authority to represent a group of employees. The Bargaining Unit or BU is a group of employees deemed to have a certain commonality excluding certain employees. AFSCME is the Union certified to represent our non-exempt employees. A ULP is a charge filed by either party with the State which asserts we violated the State Higher Educations Labor Relations Act. In areas outside of education, such a charge could also be filed with the Federal government. A Grievance is a dispute which is being heard under our internal dispute mechanism process. BOR stands for Board of Regents. This is the main body which issues the policies referenced in this presentation. They are found on the Policy page of the University�s website. A Job Steward is an individual designated by the Union to serve as their representative in meetings, grievances and the like. Even though someone may have commonality with non-exempts in the bargaining unit, they may be excluded from the unit by law. Those employees excluded are supervisors of more than two employees, managers, or confidential employees (those are traditionally employees who hold access or information on employee�s performance ratings, financial plans, etc.).These are all terms you will hear during today�s presentation: The MOU refers to the Memorandum of Understanding also known as the collective bargaining agreement between the parties. The Union is the representative certified by the State Higher Education Labor Relations Authority to represent a group of employees. The Bargaining Unit or BU is a group of employees deemed to have a certain commonality excluding certain employees. AFSCME is the Union certified to represent our non-exempt employees. A ULP is a charge filed by either party with the State which asserts we violated the State Higher Educations Labor Relations Act. In areas outside of education, such a charge could also be filed with the Federal government. A Grievance is a dispute which is being heard under our internal dispute mechanism process. BOR stands for Board of Regents. This is the main body which issues the policies referenced in this presentation. They are found on the Policy page of the University�s website. A Job Steward is an individual designated by the Union to serve as their representative in meetings, grievances and the like. Even though someone may have commonality with non-exempts in the bargaining unit, they may be excluded from the unit by law. Those employees excluded are supervisors of more than two employees, managers, or confidential employees (those are traditionally employees who hold access or information on employee�s performance ratings, financial plans, etc.).

4. Introduction: How we got here Enough BU employees signed cards/petition to request an election Employees voted AFSCME won the right to represent employees in the BU Management and AFSCME bargained over certain provisions The parties agreed upon the MOUs BOR approved the MOUs

5. Who is included?�.. The bargaining units consist of employees who: Are not supervising two or more people Are not managing Do not have access to �confidential� information (that is, HR information which could affect bargaining) The Bargaining Unit do not include: Contingent I and Contingent II employees Faculty Supervisors, Managers, and Confidentials

6. Why we are here�� Enough employees felt the need to �bond� together There are many different reasons employees seek out the Union Not all employees in the bargaining unit signed cards OR voted in the ratification process, but all of them are nevertheless bound by the MOU Employees cannot opt out!

7. Supervisor / Employee Relationship Management is not powerless. There are �rules� that we have to live by. Prior conduct led us to the present�.. Future conduct will set future direction. Consequences of �conduct�: grievance activity, restrictions in future MOUs, past practices, etc.

8. Civility defined at UM Supervisor and Employee Working Relationships

9. LAWS: �What we MUST do� Compliance with federal and state laws and regulations to stay out of legal �trouble� Title VII Employment laws Privacy and confidentiality Workplace provisions etc.

10. LAWS + POLICIES: �What we WILL do� Conduct imposed by law, plus behavior articulated through policies and procedures The organization publicly articulates that it will conform to these standards UM Policies Sexual Harassment Prevention policy Human Relations code Use of University resources policy Personnel policies and procedures Etc.

11. LAWS + POLICIES + CIVILITY & RESPECT:�What we SHOULD do� Range of conduct that has evolved through custom, practice and/or informal or unspoken agreement Language Attitude Behaviors Expectations Performance �Courtesy� �Fairness� = Mutual Respect

12. Aggravating Factors Things NOT on the list: Retaliation Abusive Language Favoritism Disrespect Harassment Unequal workload No communication / poor communication No PRDs / poor quality PRDs Unrewarding workplace

13. YOUR CONDUCT sets the standard for the work environment The employee�s perception is reality�. Day to day conduct sets the tone What they will complain about Grievances filed Future MOU provisions

14. How to Increase YourRelationship Effectiveness Increase Self-Awareness Learn to �Manage Yourself.� Developing Self-Control Be Empathetic. �Walk in their Shoes�

15. Changes in Operations Each area must operate pursuant to these provisions. Cannot establish individual practices or policies. Individual supervisors could inadvertently create binding �past practices� which could extend to the campus as a whole. One of the key things in working in a collective bargaining environment is understanding that the rules and procedures are the same whether you are Dining Services or the College of Education, Facilities Management or Accounts Payable. While in the past operating areas had some freedom to establish their own ways of doing things, this is substantially curtailed by having an MOU. If the item is covered in the MOU, those provisions must be followed. If the terms of this MOU are not followed, one area of the University may be creating what is known as a �binding past practice� on the rest of the University. For example, we will later discuss that the MOU specifies that employees involuntarily transferred to a weekend shift where they must work both Saturday and Sunday will be paid $8 per weekend. If a department were to pay the $8 per weekend to someone who volunteered for those shifts or paid $10 per weekend, over time, that department could be creating a �past practice� which could ultimately be binding on all the other departments on campus. With this MOU, certain new rights are created for employees and certain new obligations are imposed on supervisors. Today we will go over these items.One of the key things in working in a collective bargaining environment is understanding that the rules and procedures are the same whether you are Dining Services or the College of Education, Facilities Management or Accounts Payable. While in the past operating areas had some freedom to establish their own ways of doing things, this is substantially curtailed by having an MOU. If the item is covered in the MOU, those provisions must be followed. If the terms of this MOU are not followed, one area of the University may be creating what is known as a �binding past practice� on the rest of the University. For example, we will later discuss that the MOU specifies that employees involuntarily transferred to a weekend shift where they must work both Saturday and Sunday will be paid $8 per weekend. If a department were to pay the $8 per weekend to someone who volunteered for those shifts or paid $10 per weekend, over time, that department could be creating a �past practice� which could ultimately be binding on all the other departments on campus. With this MOU, certain new rights are created for employees and certain new obligations are imposed on supervisors. Today we will go over these items.

16. 2004 MOU Overview Most of the policies remain the same Some new concepts Bereavement Leave Advance notice on Non-Exempt overtime assignments Labor-Management Problem Solving Committee Handouts highlight the major �new� provisions in each MOU Presentation will primarily follow Non-Exempt MOU, with Exempt rules noted if differences noted As you go through this briefing you will find that MOST of the policies you have known and loved over the years have been integrated into this agreement. In a very few minutes we will go over the provisions of the agreement that deal with existing policies. However, there are some new concepts. Many of you have already heard that there is a new kind of leave, Bereavement Leave. Except in emergencies (and we will discuss what is an emergency), you will be required to give one-day�s notice of overtime assignments. We have created a Labor-Management Problem Solving Committee. There are things which you will see are NOT part of our Agreement. For example, we have already been asked questions like, �Is it true that supervisors will be required to select the most senior candidate for promotions?� No, the criteria for job selection has not changed. We are confident that this campus can operate efficiently and effectively under this MOU. But it is important to realize that each and every word of this was negotiated. So if you see the word �shall,� we don�t mean �may�; there is no option. We realize there will be some �bumps in the road� as we move on, but are confident we will all learn how to operate under this agreement. As you go through this briefing you will find that MOST of the policies you have known and loved over the years have been integrated into this agreement. In a very few minutes we will go over the provisions of the agreement that deal with existing policies. However, there are some new concepts. Many of you have already heard that there is a new kind of leave, Bereavement Leave. Except in emergencies (and we will discuss what is an emergency), you will be required to give one-day�s notice of overtime assignments. We have created a Labor-Management Problem Solving Committee. There are things which you will see are NOT part of our Agreement. For example, we have already been asked questions like, �Is it true that supervisors will be required to select the most senior candidate for promotions?� No, the criteria for job selection has not changed. We are confident that this campus can operate efficiently and effectively under this MOU. But it is important to realize that each and every word of this was negotiated. So if you see the word �shall,� we don�t mean �may�; there is no option. We realize there will be some �bumps in the road� as we move on, but are confident we will all learn how to operate under this agreement.

17. 2004 � 2007MOU Here we go�..

18. 2004 MOU Preamble �promotion of harmonious relations� �administration in a fair and expeditious manner� This is a statement of principle Not to be the basis for a grievance While Preambles aren�t something you usually talk about in these types of presentations, ours contains a statement which should be explained. It includes these sentences: The parties to this agreement shall make a sincere effort to ensure that its administration is conducted in a fair and expeditious manner and for the benefit of establishing stability and understanding in the parties� labor management relations. This preamble is a statement of principle only and shall not be used in the interpretation of any of the provisions of this Agreement. The Union requested the first of these sentences and while we embrace the idea, it cannot be used as the basis for a grievance under this MOU.While Preambles aren�t something you usually talk about in these types of presentations, ours contains a statement which should be explained. It includes these sentences: The parties to this agreement shall make a sincere effort to ensure that its administration is conducted in a fair and expeditious manner and for the benefit of establishing stability and understanding in the parties� labor management relations. This preamble is a statement of principle only and shall not be used in the interpretation of any of the provisions of this Agreement. The Union requested the first of these sentences and while we embrace the idea, it cannot be used as the basis for a grievance under this MOU.

19. Article 1 � Recognition &Scope of Agreement Section 1 - AFSCME Is The Certified Representative for This Unit (p.1) Section 2 - New Jobs Which Are Excluded From Unit (pp.1-2) Article 1 contains part of the framework for moving forward. Section 1 - Reflects that AFSCME is the certified representative for this Unit. Section 2 � Discusses what happens if we create a new non-exempt job and we believe it should be excluded from the bargaining unit. This determination will be made on a case-by-case basis. Article 1 contains part of the framework for moving forward. Section 1 - Reflects that AFSCME is the certified representative for this Unit. Section 2 � Discusses what happens if we create a new non-exempt job and we believe it should be excluded from the bargaining unit. This determination will be made on a case-by-case basis.

20. Article 1 � Recognition &Scope of Agreement Section 3 - Effect on USM, BOR and UMCP Policies (p.2) a) Policies unchanged unless altered by MOU (in part or in full) b) Subject to all pre-existing laws, USM Charter and By-Laws and existing third party contracts c) Policies affecting terms and conditions of employment cannot be changed without 30 days notice to the Union and an opportunity for the Union to bargain about changes, unless required by law Section 3(a) � This will be one of the most important provisions of the MOU for purposes of our day-to-day operations. It provides that unless there is a specific provision of this MOU changing existing USM and Campus policies, those policies remain in full force and effect, whether in part or as a whole. For example, we have eliminated job performance as a criteria for deciding whether someone is eligible for Advanced Sick Leave or not. That change has no effect on the rest of the requirements for getting Advanced Sick Leave (such as that the employee must have six months of service and have completed probation) and leaves the rest of the Sick Leave policy intact. Section 3(b) � Nothing in the MOU changes our obligations to follow all State and Federal laws and the requirements of the USM Charter and By-Laws. It also has no effect on existing third-party contracts. Section 3( c ) - Now that the Union represents the non-exempt bargaining unit employees with regards to the terms and conditions of employment, we have certain on-going obligations. Therefore, policies which affect terms and conditions of employment cannot be changed without 30 days prior notice to the Union and an opportunity for them to bargain about those changes. For example, if we decided that we wanted to begin requiring everyone who drove a state vehicle to undergo an annual eye test, before we could put such a policy in place, we would need to notify the Union at least 30 days in advance and, if they wanted, discuss and consider changes they might propose to this policy such as applying it to new employees only. But, if we were requiring such an eye test because Maryland passed a law that anyone driving a state vehicle must pass a yearly eye test, we would be able to implement that policy without need to bargain. This is important because if you are considering instituting new requirements or policies, we may have a bargaining obligation. In such cases, please contact Staff Relations immediately. Section 3(a) � This will be one of the most important provisions of the MOU for purposes of our day-to-day operations. It provides that unless there is a specific provision of this MOU changing existing USM and Campus policies, those policies remain in full force and effect, whether in part or as a whole. For example, we have eliminated job performance as a criteria for deciding whether someone is eligible for Advanced Sick Leave or not. That change has no effect on the rest of the requirements for getting Advanced Sick Leave (such as that the employee must have six months of service and have completed probation) and leaves the rest of the Sick Leave policy intact. Section 3(b) � Nothing in the MOU changes our obligations to follow all State and Federal laws and the requirements of the USM Charter and By-Laws. It also has no effect on existing third-party contracts. Section 3( c ) - Now that the Union represents the non-exempt bargaining unit employees with regards to the terms and conditions of employment, we have certain on-going obligations. Therefore, policies which affect terms and conditions of employment cannot be changed without 30 days prior notice to the Union and an opportunity for them to bargain about those changes. For example, if we decided that we wanted to begin requiring everyone who drove a state vehicle to undergo an annual eye test, before we could put such a policy in place, we would need to notify the Union at least 30 days in advance and, if they wanted, discuss and consider changes they might propose to this policy such as applying it to new employees only. But, if we were requiring such an eye test because Maryland passed a law that anyone driving a state vehicle must pass a yearly eye test, we would be able to implement that policy without need to bargain. This is important because if you are considering instituting new requirements or policies, we may have a bargaining obligation. In such cases, please contact Staff Relations immediately.

21. Section 4 - Bargaining Unit Work / No Contracting Out (p.2) Endeavor to use BU employees for BU work rather than contract out If permanently displacing, requirement to provide notice and will meet with Union if requested Not a violation of MOU for other employees to perform work if �traditionally and customarily� performed as long as does not directly cause layoff Article 1 � Recognition & Scope of Agreement Section 4 � As you can imagine, one of the most important things to any Union is to make sure that its members stay employed and are not replaced by either other employees or contractors. They consider this to be something known as �erosion of the bargaining unit.� This provision asserts that we will endeavor to use bargaining unit employees for bargaining unit work rather than use outside contractors. However, it does not prohibit us from doing so. In the event that we are proposing to do this and it will permanently displace one or more bargaining unit employees, we have agreed to provide the Union with notice at least sixty days in advance and to meet within ten days after the request is made. If you are faced with this situation, please contact (Dale/SR) immediately so that we can ensure the proper notice is sent and we meet our contractual obligations. However, in many areas of the University, non-exempt bargaining unit employees and employees outside that unit share duties. For example, during a lunch hour, phone coverage may be supplied by someone outside of the unit. It is NOT a violation for this to continue. However, if you were going to transfer the phone duties to someone outside of the non-exempt unit and, as a result, you would no longer need that non-exempt, that would be in violation of this provision.Section 4 � As you can imagine, one of the most important things to any Union is to make sure that its members stay employed and are not replaced by either other employees or contractors. They consider this to be something known as �erosion of the bargaining unit.� This provision asserts that we will endeavor to use bargaining unit employees for bargaining unit work rather than use outside contractors. However, it does not prohibit us from doing so. In the event that we are proposing to do this and it will permanently displace one or more bargaining unit employees, we have agreed to provide the Union with notice at least sixty days in advance and to meet within ten days after the request is made. If you are faced with this situation, please contact (Dale/SR) immediately so that we can ensure the proper notice is sent and we meet our contractual obligations. However, in many areas of the University, non-exempt bargaining unit employees and employees outside that unit share duties. For example, during a lunch hour, phone coverage may be supplied by someone outside of the unit. It is NOT a violation for this to continue. However, if you were going to transfer the phone duties to someone outside of the non-exempt unit and, as a result, you would no longer need that non-exempt, that would be in violation of this provision.

22. Article 2 � Non-Discrimination Section 1 � Non-Discrimination (p.3) Section 2 � Employee Rights (p.3) Five (5) days notice of intent to file ULP Section 1 � Merely restates that we will follow all applicable laws Section 2 � In addition to the rights contained in this MOU, this provision means we will follow the obligations under the State Higher Education Labor Relations Act. This includes that we will not �bargain� individually with employees in areas covered by this MOU. For example, we cannot decide that instead of giving an employee 90 days notice of a layoff, we want to give them a layoff notice letter that says they are going to be laid off in 180 days. That would be bargaining directly with one employee over all the rest. Further, if we do that, we will then be obligated to give 180 days notice to ALL employees in the unit facing layoff. That is why we said earlier it is important that we follow the provisions of the MOU as written and if you think you want to possibly do something else, you check with Staff Relations first to ensure you have that flexibility. This Section also articulates the commitment by AFSCME that if it intends to file an Unfair Labor Practice (ULP) charge with the State that it will confer with the University before the charge is filed. We believe that this will help avoid unnecessary ULP�s and encourage the parties to address things before they are reduced to formal disputes.Section 1 � Merely restates that we will follow all applicable laws Section 2 � In addition to the rights contained in this MOU, this provision means we will follow the obligations under the State Higher Education Labor Relations Act. This includes that we will not �bargain� individually with employees in areas covered by this MOU. For example, we cannot decide that instead of giving an employee 90 days notice of a layoff, we want to give them a layoff notice letter that says they are going to be laid off in 180 days. That would be bargaining directly with one employee over all the rest. Further, if we do that, we will then be obligated to give 180 days notice to ALL employees in the unit facing layoff. That is why we said earlier it is important that we follow the provisions of the MOU as written and if you think you want to possibly do something else, you check with Staff Relations first to ensure you have that flexibility. This Section also articulates the commitment by AFSCME that if it intends to file an Unfair Labor Practice (ULP) charge with the State that it will confer with the University before the charge is filed. We believe that this will help avoid unnecessary ULP�s and encourage the parties to address things before they are reduced to formal disputes.

23. Article 3 � Hours of Work Section 1 � Workweek and Work Schedules (p.3) �Nonexempt Each employee will be given a regular work schedule. If it is being permanently changed, must provide 30 days notice Temporary changes (lasting 30 days or less) require 10 days notice Except in emergencies or demonstrated need beyond the University�s control Employees involuntarily transferred to shift requiring work on both Saturday AND Sunday receive $8 per weekend � not part of overtime calculation Section 1 � Provides that each employee will be given a regular work schedule. If that schedule is being permanently changed, we must provide at least 30 days notice. If the change is only temporary (that is, the change will last 30 days or less), 10 days of notice must be provided. There is an exception for emergencies (such as weather-related items) or circumstances beyond the University�s control (such as when coverage for a sick employee must be arranged). At the end of this Section you will see that employees who are involuntarily transferred to a regular work shift that requires work on both Saturday and Sunday will receive an $8 payment over and above their wages. This $8 does not compound into their overtime rate. If the employee ASKS to be on such a shift, the employee does not receive the payment. ----- ? The departments will be responsible for paying their employees via a Pay Card until the on-line PHR Pay Adjustment module is available in the future. Section 1 � Provides that each employee will be given a regular work schedule. If that schedule is being permanently changed, we must provide at least 30 days notice. If the change is only temporary (that is, the change will last 30 days or less), 10 days of notice must be provided. There is an exception for emergencies (such as weather-related items) or circumstances beyond the University�s control (such as when coverage for a sick employee must be arranged). At the end of this Section you will see that employees who are involuntarily transferred to a regular work shift that requires work on both Saturday and Sunday will receive an $8 payment over and above their wages. This $8 does not compound into their overtime rate. If the employee ASKS to be on such a shift, the employee does not receive the payment. ----- ? The departments will be responsible for paying their employees via a Pay Card until the on-line PHR Pay Adjustment module is available in the future.

24. Article 3 � Hours of Work Section 2 � Copy of Job Description (p.3) Upon initial and each change in job classification, work schedule or work location, each employee is to receive, in writing, a copy of his/her job description, applicable salary, work location and work schedule (if applicable) Section 2 � While this is a new administrative requirement, this is information all employees should (and usually are) receiving.Section 2 � While this is a new administrative requirement, this is information all employees should (and usually are) receiving.

25. Article 3 - Hours of Work Section 3 � Breaks (p.4) Nonexempt Two 15-minute breaks per day (pro-rated for part-time employees) Not in addition to �smoke breaks� Can be combined with lunch with supervisory approval Cannot be used to arrive late or leave early No overtime for working through break Section 4 � Lunch Break (p.4) Nonexempt If work at least 6 hours, get 30-minute duty free lunch Can be combined with breaks with supervisory approval Cannot be used to arrive late or leave early Sections 3 and 4 � One of the issues which was raised by the Union membership was that breaks were allowed in some areas and not others. Additionally, they complained that there were times they needed to have an hour to take care of personal business and with only 30 minutes for lunch, that was impossible. Therefore, provided that each full-time employee is entitled to two 15-minute breaks per day, plus a 30-minute lunch. Please note: this is two breaks total; not two additional breaks. With supervisory approval, the breaks can lunch can be combined either to provide for a 45- (if one break is used) or a 60-minute (if both breaks are used) lunch so the employee could attend to personal business during the work day. However, employees cannot use either their breaks or their lunch period to allow them to arrive late or leave early. So if my shift ends at 4:30 for example, I could not take my second break at 4:15 so I could leave early. And in answer to a question which has already been posed to us, �No, you also cannot accumulate your break times to provide a day of leave.� Supervisors are permitted to decide whether or not the breaks and lunch can be combined. We would encourage you that when possible, you allow this to occur. That doesn�t mean it needs to occurs every day�that�s your call to approve such an arrangement-- but if an employee comes to you with such a request, we ask that you strongly consider it. Sections 3 and 4 � One of the issues which was raised by the Union membership was that breaks were allowed in some areas and not others. Additionally, they complained that there were times they needed to have an hour to take care of personal business and with only 30 minutes for lunch, that was impossible. Therefore, provided that each full-time employee is entitled to two 15-minute breaks per day, plus a 30-minute lunch. Please note: this is two breaks total; not two additional breaks. With supervisory approval, the breaks can lunch can be combined either to provide for a 45- (if one break is used) or a 60-minute (if both breaks are used) lunch so the employee could attend to personal business during the work day. However, employees cannot use either their breaks or their lunch period to allow them to arrive late or leave early. So if my shift ends at 4:30 for example, I could not take my second break at 4:15 so I could leave early. And in answer to a question which has already been posed to us, �No, you also cannot accumulate your break times to provide a day of leave.� Supervisors are permitted to decide whether or not the breaks and lunch can be combined. We would encourage you that when possible, you allow this to occur. That doesn�t mean it needs to occurs every day�that�s your call to approve such an arrangement-- but if an employee comes to you with such a request, we ask that you strongly consider it.

26. Article 3 - Hours of Work Section 5 � Overtime (p.4) Nonexempt Continues to be based on hours in a paid status over 40 hours in a workweek Section 6 � Payment of Overtime (p.4) Nonexempt Payment in the next pay period after reporting If payment is delayed more than a full pay period, the University will arrange special payment Section 5 � Consistent with current practices, overtime continues to be based on hours in a paid status over 40 hours in a workweek. These hours will be paid at the rate of time and one-half. Therefore, if someone is on annual, paid sick leave, personal leave or holiday leave during the workweek, once they hit Hour 40, they will be paid at time and one-half for all hours worked thereafter. Section 6 � We have obligated ourselves to paying out overtime in the next pay period after the hours are worked, provided that such hours of overtime took place before the reporting deadlines in effect took place. We have also committed that in no event will overtime pay be delayed more than one full pay period. If it is, the University has stated that it will endeavor to provide the check within two (2) working days, but in no event more than four (4) working days from the date when the pay period expired. This is consistent with our current practices with regards to the payment of overtime.Section 5 � Consistent with current practices, overtime continues to be based on hours in a paid status over 40 hours in a workweek. These hours will be paid at the rate of time and one-half. Therefore, if someone is on annual, paid sick leave, personal leave or holiday leave during the workweek, once they hit Hour 40, they will be paid at time and one-half for all hours worked thereafter. Section 6 � We have obligated ourselves to paying out overtime in the next pay period after the hours are worked, provided that such hours of overtime took place before the reporting deadlines in effect took place. We have also committed that in no event will overtime pay be delayed more than one full pay period. If it is, the University has stated that it will endeavor to provide the check within two (2) working days, but in no event more than four (4) working days from the date when the pay period expired. This is consistent with our current practices with regards to the payment of overtime.

27. Article 3 - Hours of Work Section 7 � Advance Notice of Overtime (p.4) Nonexempt Shall provide at least one day�s notice of overtime assignment Unless overtime is due to an emergency or because of a demonstrated need beyond the University�s control Section 7 � During negotiations, the University heard a number of complaints about how employees were given overtime assignments and believed that employees were being �abused.� They believed that there were many times when employees could have been given advance notice of an upcoming overtime assignment and were not. Therefore, there is a new requirement. Except in limited circumstances, an employee must be provided at least one days� notice of overtime assignments. Therefore, if you believe that you might need to have an employee work an overtime assignment, give them the notice; there is no penalty if an overtime is cancelled. Generally, we would suggest you make a note on your calendar if you give an employee notice of overtime in case there is a dispute later. That is not to say that you should tell your employees every day, �I might need you for overtime tomorrow.� But realize, these employees have lives too. They may need to make child care arrangements or have other obligations which they have scheduled for outside of their working hours. A bit of consideration goes a long way. As was mentioned, there are exceptions. If there is an emergency�say a pipe bursts and there is suddenly water all over the place�of course we cannot provide one days� notice. Or, where there is a demonstrated need beyond the University�s control, the one days� notice is not required. For example, the forecast for one inch of snow turns into five inches. That�s not exactly an emergency, but is also certainly beyond the control of the University. This is one of those provisions where how we act during the term of the MOU will directly impact whether the Union will come back in the future looking for more stringent provisions. A deadline of a publisher known about for weeks, though �beyond the control of the University,� will not be satisfactory reason to have failed to give the one days� notice. Possible Question � what happens if we don�t give the notice or the employee dispute whether or not it is a circumstance �beyond the control of the University�? Answer � The basic rule is �obey now, grieve later.� The employee would have to perform the assignment but we�d ask you to realize a couple of things. Unexpected overtime assignments can cause everything from daycare to transportation problems�where you can be understanding and perhaps delay the overtime assignment, consider doing so. But as was said a minute ago, the more employees feel abused by failure to give notice when it should have been given, the more likely the Union will insist on more stringent requirements in the future. We will be �making our own bed.� We need to look out for all of us. If you are always good about giving notice and another department is always bad, you may end up with the tougher rules in the future even though you haven�t �abused� your employees. That�s what having a collective bargaining environment means!Section 7 � During negotiations, the University heard a number of complaints about how employees were given overtime assignments and believed that employees were being �abused.� They believed that there were many times when employees could have been given advance notice of an upcoming overtime assignment and were not. Therefore, there is a new requirement. Except in limited circumstances, an employee must be provided at least one days� notice of overtime assignments. Therefore, if you believe that you might need to have an employee work an overtime assignment, give them the notice; there is no penalty if an overtime is cancelled. Generally, we would suggest you make a note on your calendar if you give an employee notice of overtime in case there is a dispute later. That is not to say that you should tell your employees every day, �I might need you for overtime tomorrow.� But realize, these employees have lives too. They may need to make child care arrangements or have other obligations which they have scheduled for outside of their working hours. A bit of consideration goes a long way. As was mentioned, there are exceptions. If there is an emergency�say a pipe bursts and there is suddenly water all over the place�of course we cannot provide one days� notice. Or, where there is a demonstrated need beyond the University�s control, the one days� notice is not required. For example, the forecast for one inch of snow turns into five inches. That�s not exactly an emergency, but is also certainly beyond the control of the University. This is one of those provisions where how we act during the term of the MOU will directly impact whether the Union will come back in the future looking for more stringent provisions. A deadline of a publisher known about for weeks, though �beyond the control of the University,� will not be satisfactory reason to have failed to give the one days� notice. Possible Question � what happens if we don�t give the notice or the employee dispute whether or not it is a circumstance �beyond the control of the University�? Answer � The basic rule is �obey now, grieve later.� The employee would have to perform the assignment but we�d ask you to realize a couple of things. Unexpected overtime assignments can cause everything from daycare to transportation problems�where you can be understanding and perhaps delay the overtime assignment, consider doing so. But as was said a minute ago, the more employees feel abused by failure to give notice when it should have been given, the more likely the Union will insist on more stringent requirements in the future. We will be �making our own bed.� We need to look out for all of us. If you are always good about giving notice and another department is always bad, you may end up with the tougher rules in the future even though you haven�t �abused� your employees. That�s what having a collective bargaining environment means!

28. Article 3 � Hours of Work Section 8 � Compensatory Time Off (p.5) NEW! Nonexempt At the request of the employee, compensatory time can be earned in lieu of overtime payment Earned at the rate of time and one-half for each hour of work Request to earn comp time (in lieu of payment) shall not be �unreasonably denied� Not an �unreasonable� denial in department/office where there are 3 or fewer non-exempt bargaining unit employees Compensatory time accumulates up to 60 hour maximum at the end of January, April, July, and October Hours over 60 must be paid out the next pay period after the above months All hours over 12 months old may be paid out at the discretion of the University Departments with employees over 60 hours will be contacted New PHR Time Leave Codes Section 8 � Compensatory time was also the subject of a lot of discussions at negotiations. Whether true or not, it was represented that many areas did not allow compensatory time as an option to employee. Frankly, in these tight budget times it would seem like the opposite would be true. Nevertheless, this section was added. A couple of highlights: First, the employee must elect comp time; they cannot be forced to take it. You can say, �unless it is comp time, there will be no overtime.� But if they work overtime, employees are entitled to be paid. Therefore, when deciding whether to approve overtime, it is advisable to find out whether the employee is electing comp time. Unlike the current maximum of 240 hours, no non-exempt bargaining unit employee will be able to carry a balance of more than 60 hours of comp time and it MUST be used within three (3) months of when it is earned. Like overtime pay, for each hour worked, one and one-half hours of comp time is earned. Particularly large departments cannot say, �no comp time can be earned.� We agreed that requests for comp time will not be �unreasonably denied.� However, if the department/office has three or fewer non-exempt bargaining unit employees, we agreed that because of coverage issues, it would not be considered an �unreasonable denial� under the Agreement. The issue in all of this is reasonableness; if it can be done, and that�s the employee�s preference, permit it. If you are denying it, there should be a business purpose. We think this shouldn�t be a problem. Most departments seem to prefer it. But we are told there have been some supervisors who say, �Never!� and that has led to this provision. When comp time is earned, subject to supervisory approval, it must be scheduled to be used within three months of when it is earned; if it is not used in those three months, it must be paid out. Any hours over 60 must also be paid out. ----- The Nonexempt Bargaining Comp Time Leave PHR changes have been identified (outlined below) and will require additional programming modifications. The Campus Units will be notified once the new codes are available in PHR. In the meantime, NE Bargaining employees should continue to use the existing Comp Time Leave codes currently available on the Time Entry screen. � ?Two new leave codes will be available on the PHR Time Entry records to record Comp Time Used for Non-Exempt Bargaining employees. These codes are as follows: � 1. Comp Time, UMCP NE Barg � This leave code should be selected when a Nonexempt Bargaining employee is using Comp Time leave on their time record. The employee or supervisor may enter this leave type and leave time used. � F & M Comp, UMCP NE Barg � This leave code may be selected for NE Bargaining employees to record Comp Time Leave Used that should be applied towards Family and Medical Leave. Time Entry supervisors may enter this leave type only (not employees). ?The Comp Time Bank Balance Limit for Nonexempt employees will be set to 60 hours. Nonexempt Bargaining Employees will not be able to elect Compensatory Time hours that exceed the 60 hour limit. ?Upon implementation of the 60 hour maximum, those campus units with Nonexempt Bargaining employees with Comp Time balances exceeding 60 hours will be notified and required to pay out their employees for those hours exceeding the 60 hour limit if continues for more than 90 days. ---------------------- ------------------------- ------------------------ Possible Question � What if an employee already has a balance of over 60 hours � do I have to pay them out? (Expect a complaint about having to pay out money in tight budget times.) Answer � You are going to have to pay them out if you don�t get their balance down to 60 hours during the next 90 days. But this is liability you have had all along�if any employee leaves the University, you are required to pay off any comp time balance, so this is money that should, under our accounting practices, be carried at all times. We realize that this has ended up hitting at a time everyone wished they could have more cash on hand, but this was negotiated long before this current budget crisis hit.Section 8 � Compensatory time was also the subject of a lot of discussions at negotiations. Whether true or not, it was represented that many areas did not allow compensatory time as an option to employee. Frankly, in these tight budget times it would seem like the opposite would be true. Nevertheless, this section was added. A couple of highlights: First, the employee must elect comp time; they cannot be forced to take it. You can say, �unless it is comp time, there will be no overtime.� But if they work overtime, employees are entitled to be paid. Therefore, when deciding whether to approve overtime, it is advisable to find out whether the employee is electing comp time. Unlike the current maximum of 240 hours, no non-exempt bargaining unit employee will be able to carry a balance of more than 60 hours of comp time and it MUST be used within three (3) months of when it is earned. Like overtime pay, for each hour worked, one and one-half hours of comp time is earned. Particularly large departments cannot say, �no comp time can be earned.� We agreed that requests for comp time will not be �unreasonably denied.� However, if the department/office has three or fewer non-exempt bargaining unit employees, we agreed that because of coverage issues, it would not be considered an �unreasonable denial� under the Agreement. The issue in all of this is reasonableness; if it can be done, and that�s the employee�s preference, permit it. If you are denying it, there should be a business purpose. We think this shouldn�t be a problem. Most departments seem to prefer it. But we are told there have been some supervisors who say, �Never!� and that has led to this provision. When comp time is earned, subject to supervisory approval, it must be scheduled to be used within three months of when it is earned; if it is not used in those three months, it must be paid out. Any hours over 60 must also be paid out. ----- The Nonexempt Bargaining Comp Time Leave PHR changes have been identified (outlined below) and will require additional programming modifications. The Campus Units will be notified once the new codes are available in PHR. In the meantime, NE Bargaining employees should continue to use the existing Comp Time Leave codes currently available on the Time Entry screen. � ?Two new leave codes will be available on the PHR Time Entry records to record Comp Time Used for Non-Exempt Bargaining employees. These codes are as follows: � 1. Comp Time, UMCP NE Barg � This leave code should be selected when a Nonexempt Bargaining employee is using Comp Time leave on their time record. The employee or supervisor may enter this leave type and leave time used. � F & M Comp, UMCP NE Barg � This leave code may be selected for NE Bargaining employees to record Comp Time Leave Used that should be applied towards Family and Medical Leave. Time Entry supervisors may enter this leave type only (not employees). ?The Comp Time Bank Balance Limit for Nonexempt employees will be set to 60 hours. Nonexempt Bargaining Employees will not be able to elect Compensatory Time hours that exceed the 60 hour limit. ?Upon implementation of the 60 hour maximum, those campus units with Nonexempt Bargaining employees with Comp Time balances exceeding 60 hours will be notified and required to pay out their employees for those hours exceeding the 60 hour limit if continues for more than 90 days. ---------------------- ------------------------- ------------------------ Possible Question � What if an employee already has a balance of over 60 hours � do I have to pay them out? (Expect a complaint about having to pay out money in tight budget times.) Answer � You are going to have to pay them out if you don�t get their balance down to 60 hours during the next 90 days. But this is liability you have had all along�if any employee leaves the University, you are required to pay off any comp time balance, so this is money that should, under our accounting practices, be carried at all times. We realize that this has ended up hitting at a time everyone wished they could have more cash on hand, but this was negotiated long before this current budget crisis hit.

29. EXEMPT WORK RULESWork typically requires 80 hours per biweekly period, but is not measured solely by hours worked.Limited compensatory time could be granted.Lunch and other breaks are available.Telecommuting might be allowed.Recall to work might prompt a relief period.Acting Capacity and Temporary Assignments incorporated.

30. Article 4 � Wages and Compensation Section 1 � Salary Increases (p.5) (a) In July of each year, the University and Union will sit down and discuss possible salary increases to be included in the asking budget (b) FY2005 � Union members will receive same as everyone else (c ) Unless told otherwise, BOR salary guidelines will govern distribution of increments � must have completed original probationary period to be eligible, etc. Section 1 � Salary increases for bargaining unit non-exempt employees will be no different than for the rest of the University for FY2005. In the future, beginning with this July, we will meet with the Union to discuss what the University will put in its asking budget. In the absence of any specific directive from the State legislature regarding the distribution of the salary increment, the University shall follow the USM guidelines regarding distribution of such increases. As in the past, to be eligible for any increase, the employee must have completed his/her original probationary period.Section 1 � Salary increases for bargaining unit non-exempt employees will be no different than for the rest of the University for FY2005. In the future, beginning with this July, we will meet with the Union to discuss what the University will put in its asking budget. In the absence of any specific directive from the State legislature regarding the distribution of the salary increment, the University shall follow the USM guidelines regarding distribution of such increases. As in the past, to be eligible for any increase, the employee must have completed his/her original probationary period.

31. Article 4 � Wages and Compensation Section 2 � Shift Differential (p.6) No change to current BOR policy VII � 4.60 Section 3 � Hazardous Duty Pay (p.6) Asbestos situations Section 4 � Acting Capacity Pay (p.6) No change to current BOR policy VII � 9.50 Each of these three premiums will continue to be administered the same way they are under current policy Section 2 � Shift differential will remain exactly as it is now under BOR Policy VII � 4.60. Section 3 � No change from the current Asbestos Pay Work Differential Section 4 � No change from current BOR Policy VII � 9.50 Each of these three premiums will continue to be administered the same way they are under current policy Section 2 � Shift differential will remain exactly as it is now under BOR Policy VII � 4.60. Section 3 � No change from the current Asbestos Pay Work Differential Section 4 � No change from current BOR Policy VII � 9.50

32. Articles 5, 6 & 7 Article 5 � Performance Evaluation (p.6) After much negotiations, no change to current policy Article 6 � Health and Welfare Section 1 � Maintenance of Benefits (p.6) Same as other State employees Section 2 � EAP (p.7) Article 7 � Tuition Remission (p.7) Will maintain tuition remission benefits during the term of the Agreement Article 5 � During negotiations, the Union expressed a lot of concern about the fairness of the performance evaluation process and complained that some departments gave appropriate evaluations on a timely basis but that others did not. While ultimately, no change was made, this is an area they will definitely keep an eye on during the term of this Agreement. It may be useful for supervisors to refresh their knowledge on how the evaluation process is supposed to work. The University�s Training Department also regularly offers classes you might find helpful. Article 6 � Health and Maintenance Section 1 � Will be entitled to all of the same benefits as other state employees Section 2 � No change to EAP coverage offered to employees Article 7 � Whatever tuition remission benefits currently apply will continue to do so during the term of this agreement Article 5 � During negotiations, the Union expressed a lot of concern about the fairness of the performance evaluation process and complained that some departments gave appropriate evaluations on a timely basis but that others did not. While ultimately, no change was made, this is an area they will definitely keep an eye on during the term of this Agreement. It may be useful for supervisors to refresh their knowledge on how the evaluation process is supposed to work. The University�s Training Department also regularly offers classes you might find helpful. Article 6 � Health and Maintenance Section 1 � Will be entitled to all of the same benefits as other state employees Section 2 � No change to EAP coverage offered to employees Article 7 � Whatever tuition remission benefits currently apply will continue to do so during the term of this agreement

33. Article 8 � Probationary Period Section 1 � Probationary Period (p. 7) Nonexempt Probationary Period 6 months ONLY � no extensions Section 2 � Transfers (p.7) Nonexempt Probationary Period 3 months if voluntarily laterally transferred No salary increase when probation completed If employee doesn�t work out, can return to old position if not filled Section 3 � Probation of Contingent II Employees (p.7) Conversion from Contingent II to Regular Thirty days as long as employee goes into same job and has employment service of at least six months Article 8 � The non-exempt probationary period will continue to be 6 months, however, there will be no extensions. Therefore, it becomes all the more important that supervisors really evaluate their employees during even the earliest stages of probation. And remember, bad work habits in the first months hardly ever get better with a long term employee � this is when they are to be on their best behavior. Section 2 � If an employee is laterally transferred to another department in the same job classification at the employee�s request, they will serve a 3 month probationary period. (Under current policy this was 6 months) Unlike with an original probationary period, there is no salary increase at the end of this probationary period. If the employee fails the probationary period or is removed with cause AND their old job has not been filled, they will be able to return to that old position. Otherwise, they are separated from the University. Section 3 � Only where a Contingent is being converted to a Regular position in the same job. If the employee has six months service, then the probationary period will be only 30 days. Article 8 � The non-exempt probationary period will continue to be 6 months, however, there will be no extensions. Therefore, it becomes all the more important that supervisors really evaluate their employees during even the earliest stages of probation. And remember, bad work habits in the first months hardly ever get better with a long term employee � this is when they are to be on their best behavior. Section 2 � If an employee is laterally transferred to another department in the same job classification at the employee�s request, they will serve a 3 month probationary period. (Under current policy this was 6 months) Unlike with an original probationary period, there is no salary increase at the end of this probationary period. If the employee fails the probationary period or is removed with cause AND their old job has not been filled, they will be able to return to that old position. Otherwise, they are separated from the University. Section 3 � Only where a Contingent is being converted to a Regular position in the same job. If the employee has six months service, then the probationary period will be only 30 days.

34. PROBATION FOR EXEMPT 12 months for new employees 9 months for status change after original probation No probation if transfer or reinstatement after original probation

35. Article 9 � Leaves of Absence (LOAs) Section 1 � Eligibility for LOAs (p. 8) Must work at least 50% to accrue leave � PAID LEAVE Accrued each pay period � used in hours & minutes Section 2 � Annual Leave (p.8) Affirms major provisions of BOR Policy VII-7.00 New provision which reimburses employees for forfeited costs when vacation cancelled by University after prior approval Won�t be denied annual leave for entire calendar year except for certain business reasons � never denied two years in a row Section 1 � This represents no change to current BOR Policy VII 7.12 Section 2 � (Text explains) Section 1 � This represents no change to current BOR Policy VII 7.12 Section 2 � (Text explains)

36. Article 9 � Leaves of Absence (LOAs) Section 3 � Annual Leave Accrual (p.8) Rate of accrual remains the same Section 4 � Annual Leave Advancement (p.9) No change except to describe payback of debt Section 5 � Sick Leave (pp.9-10) Only minor changes � ex., can now use sick leave for foster children Eliminates job performance as criteria for granting advanced sick leave Section 3 � No change to current BOR Policy VII � 7.0 Section 4 � No change to BOR Policy VII � 7.0 except explains the payback of advanced leave Section 5 � Only two small changes: the expansion of the definition of �immediate family� to include foster children and the elimination of job performance as a criteria for granting or denying advanced sick leaveSection 3 � No change to current BOR Policy VII � 7.0 Section 4 � No change to BOR Policy VII � 7.0 except explains the payback of advanced leave Section 5 � Only two small changes: the expansion of the definition of �immediate family� to include foster children and the elimination of job performance as a criteria for granting or denying advanced sick leave

37. Article 9 � Leaves of Absence (LOAs) Section 6 � Proof of Illness or Injury (pp. 10-11) No change to current BOR Policy VII � 7.45 Section 7 � Personal Leave (p. 11) No change to current BOR Policy VII � 7.10 Section 8 � Religious Observance (p.11) No change to current BOR Policy VII � 7.10 None of these provisions have changed from existing policies Section 6 � Proof of Illness or Injury No change to current BOR Policy VII � 7.45 � No truth to the rumor circulating among non-exempt staff that supervisors can no longer require medical documentation from an employee. That has not changed. Section 7 � Personal Leave No change to current BOR Policy VII � 7.10 Section 8 � Religious Observance No change to current BOR Policy VII � 7.10 � can use annual or personal leave for religious observanceNone of these provisions have changed from existing policies Section 6 � Proof of Illness or Injury No change to current BOR Policy VII � 7.45 � No truth to the rumor circulating among non-exempt staff that supervisors can no longer require medical documentation from an employee. That has not changed. Section 7 � Personal Leave No change to current BOR Policy VII � 7.10 Section 8 � Religious Observance No change to current BOR Policy VII � 7.10 � can use annual or personal leave for religious observance

38. Article 9 � Leaves of Absence (LOAs) Section 9 � Military and War Leaves (pp.11-12) No change to current BOR Policy VII � 7.23 or 7.24 Section 10 � Jury Duty, Administrative Leave and Arbitrations (p.12) No change to current BOR Policy VII � 7.21 & 7.22 Section 9 � Military and War Leaves No change to current BOR Policy VII � 7.23 or 7.24 Section 10 � Jury Duty, Administrative Leave and Arbitrations No change to current BOR Policy VII � 7.21 & 7.22 Section 9 � Military and War Leaves No change to current BOR Policy VII � 7.23 or 7.24 Section 10 � Jury Duty, Administrative Leave and Arbitrations No change to current BOR Policy VII � 7.21 & 7.22

39. Article 9 � Leaves of Absence (LOAs) Section 11 � Bereavement Leave (p. 12) New provision � 3 days paid leave (5 days if overnight travel required) in the event of the death of immediate family member (or relative permanently living with family at time of person�s death) No longer required to use sick leave 1 day of leave where death involves employee�s (or spouse�s) aunt, uncle, niece or nephew New PHR leave code created � entered by employee OR supervisor Now applicable to all regular Exempt and Non-Exempt employees This is a new provision. Formerly, an employee was required to use accrued sick leave in the event of the death of a family member. The definitions of family members are like those previously used (who is �immediate� family). There is now a separate leave provision. A new leave code will be available through the PHR Time Entry records for this purpose. This code may be entered either by an employee or the supervisor ----------------- ?A new leave code will be available through the PHR Time Entry Records to record Bereavement leave for Nonexempt Bargaining employees. The employees or the supervisors may enter this leave code. This is a new provision. Formerly, an employee was required to use accrued sick leave in the event of the death of a family member. The definitions of family members are like those previously used (who is �immediate� family). There is now a separate leave provision. A new leave code will be available through the PHR Time Entry records for this purpose. This code may be entered either by an employee or the supervisor ----------------- ?A new leave code will be available through the PHR Time Entry Records to record Bereavement leave for Nonexempt Bargaining employees. The employees or the supervisors may enter this leave code.

40. Article 9 � Leaves of Absence (LOAs) Section 12 � Administrative Leave (pp. 12-13) Leave for several purposes including emergencies declared by the University and where in the �best interest of employee� Creates paid release time for Union business (such as attending conventions or leave for certain Union offices -- President of Council 92 or Local 1072) 1 day for every 60 bargaining unit members Once exhausted, no more unless otherwise provided for under the Agreement (such as for grievance handling) Seven day�s advance notice to University Human Resources Leave will not be unreasonably denied New PHR leave code � only supervisors may enter this code Allows for the reasons we currently use administrative leave plus creates leave for Union business. The 1:60 ratio will be recalculated each contract year. (Union membership currently stands at 1.669 so this is 28 days per year) ---------------- ?A new leave code will be available through the PHR Time Entry Records to record Union Business Leave (DO NOT USE ADMINISTRATIVE LEAVE). Time Entry supervisors may enter this leave code only (not employees). Allows for the reasons we currently use administrative leave plus creates leave for Union business. The 1:60 ratio will be recalculated each contract year. (Union membership currently stands at 1.669 so this is 28 days per year) ---------------- ?A new leave code will be available through the PHR Time Entry Records to record Union Business Leave (DO NOT USE ADMINISTRATIVE LEAVE). Time Entry supervisors may enter this leave code only (not employees).

41. Article 9 � Leaves of Absence (LOAs) Section 13 � Counsel 92 President�s and Local 1072 Leave (p. 13) If elected, may request an unpaid leave of absence not to exceed two (2) years Not to have negative impact on employee�s career at the University New PHR leave code established � entry made only by supervisor Section 14 � Leave of Absence W/O Pay (p. 13) No change to BOR VII � 7.12 Not to be used because employee ran out of sick leave or vacation Section 13 � (Text explains) Section 14 � No change. Occasionally we get questions where employees have run out of leave and take off work. This is not the provision to be used.Section 13 � (Text explains) Section 14 � No change. Occasionally we get questions where employees have run out of leave and take off work. This is not the provision to be used.

42. Article 9 � Leaves of Absence (LOAs) Section 15 � Family Medical Leave (p. 14) Contains only highlights - No change to current BOR Policy VII � 7.50 Section 16 � Leave Reserve Fund (p. 15) No change to current BOR Policy VII � 7.11 Section 17 � Leave Upon Return or Reinstatement (p.15) No change to current policy Section 15 � This portion was only to provide the HIGHLIGHTS of the current policy. It was never meant to replace it. All of the existing provisions stay in place. No change is represented in either Section 16 or 17.Section 15 � This portion was only to provide the HIGHLIGHTS of the current policy. It was never meant to replace it. All of the existing provisions stay in place. No change is represented in either Section 16 or 17.

43. Article 9 � Leaves of Absence (LOAs) Section 18 - Transfer of Annual Leave (p. 15) No change to BOR Policy VII � 7.00 Section 19 � Leave �Cash Out� (p. 15) No change to BOR Policy VII. � 7.00 Sections 18 and 19 represent no change to current policySections 18 and 19 represent no change to current policy

44. Article 10 � Holidays Section 1 � Recognized Holidays (p. 16) No change to current BOR Policy VII � 7.30 Section 2 � Days of Observance (p. 16) Only change is that if dates of observance are changed, notice to Union required Section 3 � Holiday Pay (pp. 16-17) Only change is that if employee is required to work on the holiday, has option to request pay rather than substitute holiday New WOW report available on employees not using their holiday within the 90-day timeframe. Section 1 � No change to current policy Section 2 will apply only if, for example, the University instituted a Fall Break and shifted the observation of some holidays to that period Section 3 is designed to deal with an employee who has to work on a holiday. Those are relatively few. Currently the employee gets a substitute holiday but will now have the option to get paid instead. ?A new WOW (Warehouse on the Web) report will be made available to the campus units to monitor those Nonexempt Bargaining employees that have not used an observed holiday within the 90-day time frame. � ?The departments will be responsible for processing this report each pay period and paying their employees via a Pay Card until the on-line PHR Pay Adjustment module is available in the future. Section 1 � No change to current policy Section 2 will apply only if, for example, the University instituted a Fall Break and shifted the observation of some holidays to that period Section 3 is designed to deal with an employee who has to work on a holiday. Those are relatively few. Currently the employee gets a substitute holiday but will now have the option to get paid instead. ?A new WOW (Warehouse on the Web) report will be made available to the campus units to monitor those Nonexempt Bargaining employees that have not used an observed holiday within the 90-day time frame. � ?The departments will be responsible for processing this report each pay period and paying their employees via a Pay Card until the on-line PHR Pay Adjustment module is available in the future.

45. Article 10 � Holidays Section 4 � Payment of Carried-Over Holidays (p. 17) No change to current BOR Policy VII � 7.30 Section 5 - Substitute Holidays (p. 17) No change to current BOR Policy VII � 7.30 Sections 4 & 5 represent no change to current policies Section 3 is designed to deal with an employee who has to work on a holiday. Those are relatively few. Currently the employee gets a substitute holiday but will now have the option to get paid instead. ?A new WOW (Warehouse on the Web) report will be made available to the campus units to monitor those Nonexempt Bargaining employees that have not used an observed holiday within the 90-day time frame. � ?The departments will be responsible for processing this report each pay period and paying their employees via a Pay Card until the on-line PHR Pay Adjustment module is available in the future. Sections 4 & 5 represent no change to current policies Section 3 is designed to deal with an employee who has to work on a holiday. Those are relatively few. Currently the employee gets a substitute holiday but will now have the option to get paid instead. ?A new WOW (Warehouse on the Web) report will be made available to the campus units to monitor those Nonexempt Bargaining employees that have not used an observed holiday within the 90-day time frame. � ?The departments will be responsible for processing this report each pay period and paying their employees via a Pay Card until the on-line PHR Pay Adjustment module is available in the future.

46. Article 11 - Maintenance of Membership Section1 � Payroll Deduction (p. 17) No change from current practice � includes a �hold harmless� clause for the University Section 2 � Remittance of Union Dues (p. 17) No change from current practice except to provide mechanism for making corrections Sections 1 & 2 will have no impact on operating areas. They are principally connected with the master payroll department. Sections 1 & 2 will have no impact on operating areas. They are principally connected with the master payroll department.

47. Article 12 � Union Rights Section 1 � Right of Access (p. 18) New provision allowing reasonable access to non-employee Union representatives Are subject to change from current practice � includes a �hold harmless� clause for the University Section 2 � Right to Employee Information (p. 18) Certain quarterly reports will be provided Section 1 - This new provision allows for reasonable access to non-employee Union representatives but with limitations. They cannot go into areas, for example, like Chemistry labs where access is limited. Generally, the Union is to provide the University with 24 hours prior notice. Non-employee representatives should NOT just be walking around. If this is a problem in your area, please contact Staff Relations. Section 2 � We have agreed that certain quarterly reports will be provided to the Union. These will be the responsibility of University Human Resources. Section 1 - This new provision allows for reasonable access to non-employee Union representatives but with limitations. They cannot go into areas, for example, like Chemistry labs where access is limited. Generally, the Union is to provide the University with 24 hours prior notice. Non-employee representatives should NOT just be walking around. If this is a problem in your area, please contact Staff Relations. Section 2 � We have agreed that certain quarterly reports will be provided to the Union. These will be the responsibility of University Human Resources.

48. Article 12 � Union Rights Section 3 � Meeting Space (p. 18) To be granted access to meeting space as any other non-University group, but will be charged same rate as University groups Section 4 � Bulletin Boards (pp. 18-19) New provision providing for bulletin board space in each campus building having non-exempt bargaining unit employees Section 3 � The Union will get the same rate as a University group, but access will be the same as non-University groups. Section 4 � You will be contacted about providing bulletin board space in buildings having bargaining unit employees working Section 3 � The Union will get the same rate as a University group, but access will be the same as non-University groups. Section 4 � You will be contacted about providing bulletin board space in buildings having bargaining unit employees working

49. Article 12 � Union Rights Section 5 � Electronic & Campus Mail Access (p. 19) Individual employees may have short messages Nine mass emails per year Courtesy copy to University within 24 hours Cannot use campus mail Not permitted to use University photocopying or printing Section 5 � As described in this slide, the Union will have some access to campus email. They cannot use the campus mail system however (it would violate postal regulations). They also are not to be using other University resources like xerox machines and faxes. That is not to say they can�t make an occasional xerox copy; it does mean that mass printings should not be done here.Section 5 � As described in this slide, the Union will have some access to campus email. They cannot use the campus mail system however (it would violate postal regulations). They also are not to be using other University resources like xerox machines and faxes. That is not to say they can�t make an occasional xerox copy; it does mean that mass printings should not be done here.

50. Article 12 � Union Rights Section 6 - New Employee Information (p. 19) 20 Minutes at end of University Human Resources orientations (or departmental orientation session if done in lieu of UHR orientation session) Only one AFSCME orientation (not separate exempt/non-exempt presentations) If new employee does not attend a University orientation within first 30 days, at option of employee may get 20 minutes to meet with Union official to obtain same To be coordinated with supervisor Section 6 � It is customary at many employers to provide the Union with some time at orientation classes to talk about Union membership. We have agreed to provide 20 minutes at the end of University Orientation Sessions (or departmental orientations) for that purpose. Contemplating that eventually the exempt MOU may have the same thing, we have agreed there will only be one AFSCME orientation. If the employee doesn�t attend the Campus session (or its departmental equivalent), if the employee requests, they can get 20 minutes with a Union official to receive the same information. However, this must be coordinated with the supervisor. Should I join the Union/what are the advantages � we are keeping an arm�s length distance. NO GOOD can come of such a conversation � refer them to the Union and do not have such discussions!Section 6 � It is customary at many employers to provide the Union with some time at orientation classes to talk about Union membership. We have agreed to provide 20 minutes at the end of University Orientation Sessions (or departmental orientations) for that purpose. Contemplating that eventually the exempt MOU may have the same thing, we have agreed there will only be one AFSCME orientation. If the employee doesn�t attend the Campus session (or its departmental equivalent), if the employee requests, they can get 20 minutes with a Union official to receive the same information. However, this must be coordinated with the supervisor. Should I join the Union/what are the advantages � we are keeping an arm�s length distance. NO GOOD can come of such a conversation � refer them to the Union and do not have such discussions!

51. Article 12 � Union Rights Section 7 - Prohibited Activity (p. 20) Union agrees there will be no strikes, �sickouts,� slowdowns, work stoppages, failing to perform duties Constitutes a violation of law Section 7 � This basically reflects the protections to the University afforded under the State Higher Education Labor Relations Act. If you believe this is ever going on, please contact Staff Relations immediately.Section 7 � This basically reflects the protections to the University afforded under the State Higher Education Labor Relations Act. If you believe this is ever going on, please contact Staff Relations immediately.

52. Article 13 � Job Stewards Section 1 � Union Job Stewards (p. 20) Up to 20 job stewards to be named They have 4,500 cumulative hours of paid release time for things like conducting orientations, grievance investigation and meetings with management such as the Labor Management Problem Solving Committee UP TO 10 JOB STEWARDS FOR EXEMPT, CHARGED TO 2400 HOURS ACCOUNT. New PHR leave code - only supervisors can enter Section 1 � Sometime during the next 90 days, the University will receive a list of Union stewards. There will be a maximum of 20 who will share 4500 hours of paid release time per year for their duties. Stewards do need to coordinate their absence from the workplace with their supervisors. Once we get the names of the stewards, we will be conducting special training for supervisors of stewards. -------------------------- ?A new leave code will be available through the PHR Time Entry Records to record Union Job Steward Leave. Time Entry supervisors may enter this leave code only (not employees). Section 1 � Sometime during the next 90 days, the University will receive a list of Union stewards. There will be a maximum of 20 who will share 4500 hours of paid release time per year for their duties. Stewards do need to coordinate their absence from the workplace with their supervisors. Once we get the names of the stewards, we will be conducting special training for supervisors of stewards. -------------------------- ?A new leave code will be available through the PHR Time Entry Records to record Union Job Steward Leave. Time Entry supervisors may enter this leave code only (not employees).

53. Article 13 � Job Stewards Section 2 � Duties (p. 20) Stewards responsible for investigating and processing Union grievances under the MOU Upon request of employee, responsible for investigating and processing employee grievances Use new PHR leave code � entered by supervisors only Section 3 � Meetings with Management (p. 20) Either for processing grievances, administering MOU, or serving on LMPSC Not to be used for collective bargaining negotiations Sections 2 & 3 - Duties are as you would imagine�processing and investigating grievances, serving on the Labor Management Problem Solving Committee which will be described later. These hours are NOT, however, to be for collective bargaining. ?A new leave code will be available through the PHR Time Entry Records to record Union Job Steward Leave. Time Entry supervisors may enter this leave code only (not employees). Sections 2 & 3 - Duties are as you would imagine�processing and investigating grievances, serving on the Labor Management Problem Solving Committee which will be described later. These hours are NOT, however, to be for collective bargaining. ?A new leave code will be available through the PHR Time Entry Records to record Union Job Steward Leave. Time Entry supervisors may enter this leave code only (not employees).

54. Article 14 � Management Rights Section 1 � Statutory Rights (p. 21) Affirms all rights under provided to management under State Higher Education Labor Relations Act Includes the right to hire, fire, promote, discipline, discharge, layoff, transfer, etc. Section 2 � Fees for Service (p. 21) Bargaining unit members will pay prevailing rate for voluntary campus services for the life of the contract Parking fees handled separately under Side Letter 2 Section 1 � This simply affirms our rights to continue to operate the University�to hire, fire, promote, demote, transfer, discipline, etc. We still maintain these rights Section 2 � This affirms bargaining unit members will pay the prevailing rate for anything like campus childcare, the rec center, etc. Parking fees are handled separately under Side Letter 2 which we will discuss later, but they will be paying the same rate.Section 1 � This simply affirms our rights to continue to operate the University�to hire, fire, promote, demote, transfer, discipline, etc. We still maintain these rights Section 2 � This affirms bargaining unit members will pay the prevailing rate for anything like campus childcare, the rec center, etc. Parking fees are handled separately under Side Letter 2 which we will discuss later, but they will be paying the same rate.

55. Article 15 � Disciplinary Action Section 1 � Progressive Discipline (p. 21) Statement that the University subscribes to the tenets of progressive discipline, for example: Counseling Written Reprimand Suspensions Termination Does NOT mean that each offense must begin with a counseling memo ?written reminder ? 1 day suspension, etc. Decided case-by-case basis No employee will be disciplined without �cause� Section 1 � While the University continues to subscribe to the idea of progressive discipline�that you don�t fire someone the very first time they are tardy�this provision spells out that we do not mean that every disciplinary offense will be mechanically run through steps. However, no employee will be discharged without cause.Section 1 � While the University continues to subscribe to the idea of progressive discipline�that you don�t fire someone the very first time they are tardy�this provision spells out that we do not mean that every disciplinary offense will be mechanically run through steps. However, no employee will be discharged without cause.

56. Article 15 � Disciplinary Action Section 2 � Disciplinary Action (p. 21) Describes possible responses, both disciplinary and administrative Section 3 � Right to Union Representation (p.21) Reflects rights extended by the U.S. Supreme Court Generally known as �Weingarten Rights� Section 2 � This merely outlines what types of disciplinary responses may be taken Section 3 � This is one of the areas that is critical you become comfortable with. There is a separate handout for this. This MOU provision outlines what is generally known as �Weingarten Rights.� These are sort of the industrial equivalent to Miranda rights in criminal cases. Section 2 � This merely outlines what types of disciplinary responses may be taken Section 3 � This is one of the areas that is critical you become comfortable with. There is a separate handout for this. This MOU provision outlines what is generally known as �Weingarten Rights.� These are sort of the industrial equivalent to Miranda rights in criminal cases.

57. �Weingarten Rights� Investigatory interviews ONLY Used only when the employee reasonably believes the situation may result in disciplinary action against him/her Request for steward must be initiated by the employee (not required to offer) Questioning must STOP � postpone meeting Right to prior consultation with representative Representative cannot interfere � there to bring out most favorable information Any questions: Call Staff Relations at 301-405-5651 (Walk through handout)(Walk through handout)

58. Article 15 � Disciplinary Action Section 4 � Time Limits (p. 22) Discipline and dismissal to be imposed no later than 10 days from when the University knew (or should have known) of the event Suspensions must be imposed within 3 days Section 4 � We have agreed that discipline will generally be imposed no later than 10 days from when the University knew or should have known of the event for which the employee is discipline. That is not to say if an item is stolen, you must discipline within three days of when it is taken, but it you later find the employee with the object (like someone else�s purse), you must act promptly. And has long been the rule under BOR policy, suspensions must be imposed within three days, even if that means you will have to discipline before getting a chance to question the employee because he or she was off work.Section 4 � We have agreed that discipline will generally be imposed no later than 10 days from when the University knew or should have known of the event for which the employee is discipline. That is not to say if an item is stolen, you must discipline within three days of when it is taken, but it you later find the employee with the object (like someone else�s purse), you must act promptly. And has long been the rule under BOR policy, suspensions must be imposed within three days, even if that means you will have to discipline before getting a chance to question the employee because he or she was off work.

59. Article 16 � Grievance Procedure Article deals with two types of grievances (p. 22) Those arising solely out of the provisions of the MOU � ex., bulletin boards Follows same procedures as existing grievance process The Union will be the only principals who will serve as representatives in such grievances Those arising out of traditional grievance procedure Described in Side letter 3 No change to existing procedures Recognizes AFSCME as the sole labor organization to represent bargaining unit employees in the grievance process Employees still have right to choose anyone else to represent them in grievances (including self-representation) (Go through Slide)(Go through Slide)

60. Article 17 � Uniforms and Equipment Section 1 � Uniformed Job Classifications (p. 22) Nonexempt University determines which jobs require uniforms Where required, five sets will be provided, plus any seasonally required items Uniforms will be replaced not more than once per year at University�s expense, and not if necessitated by gross negligence Employees responsible for cleaning and routine maintenance Uniforms remain the property of the University Section 1 � The University reserves its rights to determine who wears uniforms. But if the classification is designated to wear uniforms, these are the guidelines for what is issued, how it is maintained, and how often it is replaced.Section 1 � The University reserves its rights to determine who wears uniforms. But if the classification is designated to wear uniforms, these are the guidelines for what is issued, how it is maintained, and how often it is replaced.

61. Article 17 � Uniforms and Equipment Section 2 � Safety Glasses (p. 22) Where primary duties require safety glasses University and applicable safety codes determine who receives non-prescription glasses For employees receiving prescription safety glasses, to be replaced every two years, if necessary Operating areas must NOT make replacements more frequently except where destroyed during work through no fault of the employee Example of where variation may extend to entire University Consistent with current administrative practices Section 2 � Again, the University determines who needs safety glasses. It is our understanding that all of this is consistent with long-standing operating practices.Section 2 � Again, the University determines who needs safety glasses. It is our understanding that all of this is consistent with long-standing operating practices.

62. Article 17 � Uniforms and Equipment Section 3 � Safety Shoes (p. 22) Where duties require safety shoes University and applicable safety codes determine employees who require safety shoes Section 4 � Personal Protective Clothing and Equipment (p. 23) University and applicable safety codes determine employees who require such clothing and/or equipment Similarly with Sections 3 & 4Similarly with Sections 3 & 4

63. Article 18 � Health & Safety Section 1 � General Duty (p. 23) Creates Labor Management Problem Solving Committee (described in Article 19) Affirms commitments to safe work environment Section 1 � Simply affirms our mutual commitments to safe work environments, and reflects the Labor-Management Problem Solving Committee described in Article 19Section 1 � Simply affirms our mutual commitments to safe work environments, and reflects the Labor-Management Problem Solving Committee described in Article 19

64. Article 18 � Health and Safety Section 2 � Duties of Health & Safety Committee (p. 23) LMPSC may review or recommend new or revised safety and health rules, discuss current safety conditions or problems, or discuss safety laws/regulations Final determinations remain a proper function of management Steward hours working on LMPSC charge to Article 13, Section 1 Section 2 � One of the things the LMPSC may deal with is to review and make recommendations on safety and health issues, however, this remains a proper function of management. Any steward time working on the LMPSC gets charged against the 4,500 hours provided for in Article 13, Section 1.Section 2 � One of the things the LMPSC may deal with is to review and make recommendations on safety and health issues, however, this remains a proper function of management. Any steward time working on the LMPSC gets charged against the 4,500 hours provided for in Article 13, Section 1.

65. Article 18 � Health and Safety Section 3 � Cardiopulmonary (CPR) Training (p. 23) Where CPR training may be valuable job-related skill as determined by the University CPR training paid for by University Given by certified trainer If request denied, may appeal to Director of Staff Relations Section 3 � There was a lot of interest on the Union committee on CPR training. Where the University determines it is a valuable job-related skill, the University will provide paid for training by a certified instructor. If an employee wants to take CPR training and the request is denied, he or she can appeal to the Director of Staff Relations for reconsideration. We will, of course, consult with your department before overturning any decision, but we are open to employees making a case for training.Section 3 � There was a lot of interest on the Union committee on CPR training. Where the University determines it is a valuable job-related skill, the University will provide paid for training by a certified instructor. If an employee wants to take CPR training and the request is denied, he or she can appeal to the Director of Staff Relations for reconsideration. We will, of course, consult with your department before overturning any decision, but we are open to employees making a case for training.

66. Article 18 � Health and Safety Section 4 � Weather-Related Conditions (p. 24) No change With supervisory approval, employees are allowed to use annual or personal leave in the face of potentially hazardous weather conditions With the exception of essential employees and unless the campus is under closure, delayed opening or early closure. Section 5 - Hepatitis B (p. 24) University will pay for vaccine when employees have contact with blood or other bodily fluids Section 4 � Affirms current BOR Policy VI � 12.00 (Policy on Emergency Conditions). No change with regards to essential employees. Section 5 � Obviously, this impacts only a very small segment of our workforce. This provision is consistent with current administrative practices.Section 4 � Affirms current BOR Policy VI � 12.00 (Policy on Emergency Conditions). No change with regards to essential employees. Section 5 � Obviously, this impacts only a very small segment of our workforce. This provision is consistent with current administrative practices.

67. Article 18 � Health and Safety Section 6 � Communicable Diseases (p. 24) As currently done, employees will be provided with information about diseases to which they may have routine exposure Annual training on recognition and prevention of such diseases and blood borne pathogens as established and required by OSHA Section 7 � Physical Exams (p. 24) As currently done, University will pay for exams and tests when employee�s health is affected by an on the job injuries, exposure to harmful agents or assaults while on campus Sections 6 & 7 � Again,this affects only a small segment of our workforce and is consistent with current administrative practices. Sections 6 & 7 � Again,this affects only a small segment of our workforce and is consistent with current administrative practices.

68. Article 18 � Health and Safety Section 8 � Inspection by Governmental Agencies (p. 24) Union representative entitled to accompany governmental reps during health & safety investigations directly affecting bargaining unit employees University will furnish Union with copy within 2 workdays following receipt Section 8 � If an official of a governmental agency conducts a health and safety investigation at the University involving DIRECTLY bargaining unit employees, a representative of the Union is entitled to accompany the government inspector. The University will thereafter provide the Union with a copy of the investigation report within two workdays following receipt by the University. This is consistent with the law and current practices. However, if you are contacted about such an investigation, please contact Staff Relations. Section 8 � If an official of a governmental agency conducts a health and safety investigation at the University involving DIRECTLY bargaining unit employees, a representative of the Union is entitled to accompany the government inspector. The University will thereafter provide the Union with a copy of the investigation report within two workdays following receipt by the University. This is consistent with the law and current practices. However, if you are contacted about such an investigation, please contact Staff Relations.

69. Article 18 � Health and Safety Section 9 � Unsafe Conditions (pp. 24-25) Provision already required because of Supreme Court decision in Whirlpool - long-standing provision (since late 1980�s) Where employee has a reasonable basis to believe an assignment will subject him/her to serious injury or death, may not have to perform task IF: Exercised all reasonable options including consulting with supervisor No reasonable alternative to prevent risk of serious injury or death Employee reports the condition to supervisor In such cases, no retaliation, including discipline Very extreme and limited situations Section 9 - Since the late 1980�s employees have had the right to refuse to perform work in certain limited circumstances. Where an employee has A REASONABLE BASIS to believe that an assignment WILL SUBJECT THE EMPLOYEE TO SERIOUS INJURY OR DEATH, the employee may refuse to perform the task without risk of disciplinary action or retaliation IF and ONLY IF: The employee has exercised all reasonable options INCLUDING CONSULTING WITH THEIR SUPERVISOR No reasonable alternative to prevent the risk of serious injury or death is possible The employee is required to report any unsafe or dangerous condition to a supervisor immediately after confronting a dangerous or unsafe working condition. This should be a very rare occurrence indeed and employees have actually had this right for decades! This represents no change from our current administrative practice. Section 9 - Since the late 1980�s employees have had the right to refuse to perform work in certain limited circumstances. Where an employee has A REASONABLE BASIS to believe that an assignment WILL SUBJECT THE EMPLOYEE TO SERIOUS INJURY OR DEATH, the employee may refuse to perform the task without risk of disciplinary action or retaliation IF and ONLY IF: The employee has exercised all reasonable options INCLUDING CONSULTING WITH THEIR SUPERVISOR No reasonable alternative to prevent the risk of serious injury or death is possible The employee is required to report any unsafe or dangerous condition to a supervisor immediately after confronting a dangerous or unsafe working condition. This should be a very rare occurrence indeed and employees have actually had this right for decades! This represents no change from our current administrative practice.

70. Article 18 � Health and Safety Section 10 � Indoor Air Quality (p. 25) University will provide healthy air quality and attempt to provide comfortable air temperature in buildings consistent with state and federal standards Section 11 � Asbestos (p. 25) Employees working with or exposed to asbestos in the performance of their duties � University will take appropriate precautionary measures (ex., equipment, training) Provide copies of inspections to Union Section 10 � We will, of course, provide healthy air for our workers and will ATTEMPT to provide comfortable air temperatures. This is consistent with our practices. However, we realize what it a hot office to one person is a comfortable office for another. The idea here is REASONABLENESS! Section 11 � This is required by law already and reflects our current practice. Therefore it represents no real change. Section 10 � We will, of course, provide healthy air for our workers and will ATTEMPT to provide comfortable air temperatures. This is consistent with our practices. However, we realize what it a hot office to one person is a comfortable office for another. The idea here is REASONABLENESS! Section 11 � This is required by law already and reflects our current practice. Therefore it represents no real change.

71. Article 18 � Health and Safety Section 12 � Reproductive Hazard (p. 25) Nonexempt Applies to pregnant women only Can request reassignment if works in an environment with reproductive hazards If reassigned, job will be in same department with no loss of pay Section 13 � No Retaliation (p.25) University commits it will continue not to retaliate for reporting safety concerns or exercising rights under this Article Section 12 � This is a new provision. As the Section states, most of the danger from chemicals arises during their manufacturing and formulation; we simply aren�t in this business. Nevertheless, if a pregnant employee believes her work environment contains a reproductive hazard, she is entitled to REQUEST reassignment for the term of her pregnancy. The University will verify that there is, indeed, a potential reproductive hazard, and if the reassignment does not result in undue hardship to the University, it will temporarily reassign the employee to alternative work in the same department at the same rate of pay FOR THE TERM OF THE PREGNANCY. There are probably very few operating areas where this might ever arise, but if it does, few of us would probably have a problem with this concept even if it were not in the MOU. Section 13 � Provides that the University will not retaliate against employees for exercising their rights under this article or under applicable laws. This is consistent with BOR policy. Section 12 � This is a new provision. As the Section states, most of the danger from chemicals arises during their manufacturing and formulation; we simply aren�t in this business. Nevertheless, if a pregnant employee believes her work environment contains a reproductive hazard, she is entitled to REQUEST reassignment for the term of her pregnancy. The University will verify that there is, indeed, a potential reproductive hazard, and if the reassignment does not result in undue hardship to the University, it will temporarily reassign the employee to alternative work in the same department at the same rate of pay FOR THE TERM OF THE PREGNANCY. There are probably very few operating areas where this might ever arise, but if it does, few of us would probably have a problem with this concept even if it were not in the MOU. Section 13 � Provides that the University will not retaliate against employees for exercising their rights under this article or under applicable laws. This is consistent with BOR policy.

72. Article 18 � Health and Safety Section 14 � Accident Inspection and Release Time (p. 26) Will notify Union within 48 hours where accident involves a bargaining unit employee Member of the LMPSC may accompany accident inspection Reasonable release time for such inspections Section 14 � If we are REQUIRED to notify OSHA or its counterparts of an accident involving a bargaining unit employee, we agree to also notify the Union within 48 hours of the accident. In such cases, a member of the LMPSC will be given reasonable release time to accompany the accident inspection by the governmental agency. Section 14 � If we are REQUIRED to notify OSHA or its counterparts of an accident involving a bargaining unit employee, we agree to also notify the Union within 48 hours of the accident. In such cases, a member of the LMPSC will be given reasonable release time to accompany the accident inspection by the governmental agency.

73. Article 19 � Labor-Management Problem Solving Committee Section 1 �Purpose of Committee (p. 26) Established to review operations of this MOU No Agreement can be reached absent mutual agreement Section 2 �Scope and Composition of Committee (p. 26) Will meet to oversee and discuss issues affecting the operation of the MOU Consists of not more than 6 representatives each from: 1) the University, and 2) The Union or employees � sufficient authority to facilitate meeting items One of the new entities created is the �Labor-Management Problem Solving Committee.� Article 19 deals with this committee, its duties and the limitations placed on the committee. Section 1 � The purpose of this committee is to provide a vehicle for an on-going review of the operations of the MOU. Hopefully, this will avoid �surprises� at the next negotiations and allow us to make adjustments as necessary. If the parties MUTUALLY agree to make any changes, it must be in writing. Section 2 � As stated, the committee will meet to oversee and discuss issues affecting the operations of the MOU. The committee will consist of not more than six representatives of each the University and the Union/employees. Each party is to appoint individuals with sufficient authority to facilitate meeting items. But each party has sole authority to decide who is on the committee. CONTINUE� One of the new entities created is the �Labor-Management Problem Solving Committee.� Article 19 deals with this committee, its duties and the limitations placed on the committee. Section 1 � The purpose of this committee is to provide a vehicle for an on-going review of the operations of the MOU. Hopefully, this will avoid �surprises� at the next negotiations and allow us to make adjustments as necessary. If the parties MUTUALLY agree to make any changes, it must be in writing. Section 2 � As stated, the committee will meet to oversee and discuss issues affecting the operations of the MOU. The committee will consist of not more than six representatives of each the University and the Union/employees. Each party is to appoint individuals with sufficient authority to facilitate meeting items. But each party has sole authority to decide who is on the committee. CONTINUE�

74. Article 19 � Labor-Management Problem Solving Committee Section 2 � Scope and Composition of Committee (p. 26) For first 6 months, will meet monthly; thereafter, every other month, provided there are agenda items � first meeting July 29 Agenda items must be submitted in writing at least one week before the scheduled meeting Participants granted up to 2 hours of paid release time Stewards on committee have hours charged against 4,500 in Article 13, Section 1 Section 2 (CONTINUED) � For the first 6 months of the committee, meetings will be held every month; thereafter, they will be every other month For their to be a meeting, there must be agenda items; these must be released at least one week in advance of the scheduled meeting. No agenda items, no meeting. Up to 2 hours of release time are granted for attending such meetings. Any steward time will be charged against the 4,500 hours described in Article 13, Section 1. Section 2 (CONTINUED) � For the first 6 months of the committee, meetings will be held every month; thereafter, they will be every other month For their to be a meeting, there must be agenda items; these must be released at least one week in advance of the scheduled meeting. No agenda items, no meeting. Up to 2 hours of release time are granted for attending such meetings. Any steward time will be charged against the 4,500 hours described in Article 13, Section 1.

75. Article 19 � Labor-Management Problem Solving Committee Section 3 � Committee Limitations (pp. 26-27) May raise any issue, however, cannot be used for grievances No MOU provision may be modified or replaced without mutual agreement If agreed, must be reduced to writing and becomes a side letter to MOU, subject to total approval and execution Section 3 � The LMPSC is NOT to supplant or replace the grievance procedure. Otherwise, either party can raise whatever issues or problems they deem appropriate. However, contractual provisions shall not be modified or replaced with new language without the mutual agreement of the parties. In the event an agreement is reached to alter or change any provisions contained in the MOU, it is NOT FINAL until: It is reduced to writing as a Side Letter to the MOU It has been approved and executed by both the University and Union All issues/problems brought to the attention of the LMPSC shall be decided and implemented ONLY by mutual written agreement of the parties. Section 3 � The LMPSC is NOT to supplant or replace the grievance procedure. Otherwise, either party can raise whatever issues or problems they deem appropriate. However, contractual provisions shall not be modified or replaced with new language without the mutual agreement of the parties. In the event an agreement is reached to alter or change any provisions contained in the MOU, it is NOT FINAL until: It is reduced to writing as a Side Letter to the MOU It has been approved and executed by both the University and Union All issues/problems brought to the attention of the LMPSC shall be decided and implemented ONLY by mutual written agreement of the parties.

76. Article 20 � Shared Governance Shared Governance (p. 27) Union affirms it supports entities like University senate, committees and forums, and all may continue May talk about issues which would normally be the subject of bargaining Recommended action on wages, hours and working conditions affecting bargaining unit employees cannot be approved, finalized or implemented until the University notifies and bargains with AFSCME on that subject Shared Governance � One of the issues most wondered about with the advent of the Union was how it would fit with the concept of shared governance since many of these organizations play roles traditionally performed by the Union itself. In this Article, the Union affirms its support of the existence of organizations within the University in which input from employees is gathered to advise the University of matters of interest to the University community. All of the organizations and committees (from the Senate to its standing committees, to other organizations and associations that existed PRIOR to AFSCME�s certification will continue to operate without challenge by the Union. These existing bodies and any new organizations will be able to discuss and decide on issues which could be subjects of bargaining. Each of these organizations must be given a copy of this Article pursuant to the MOU. No bargaining unit employee will be precluded from serving on any of these committees. Shared Governance � One of the issues most wondered about with the advent of the Union was how it would fit with the concept of shared governance since many of these organizations play roles traditionally performed by the Union itself. In this Article, the Union affirms its support of the existence of organizations within the University in which input from employees is gathered to advise the University of matters of interest to the University community. All of the organizations and committees (from the Senate to its standing committees, to other organizations and associations that existed PRIOR to AFSCME�s certification will continue to operate without challenge by the Union. These existing bodies and any new organizations will be able to discuss and decide on issues which could be subjects of bargaining. Each of these organizations must be given a copy of this Article pursuant to the MOU. No bargaining unit employee will be precluded from serving on any of these committees.

77. Article 20 � Shared Governance Shared Governance � continued (p. 27) Items on �permissive subjects� of bargaining cannot be approved, finalized or implemented until the University notifies and, if requested, bargains with AFSCME on that subject As required, the University has provided the Senate, etc. with a copy of this provision Bargaining unit employees not prohibited from serving on such bodies Bargaining unit members serving on such bodies cannot waive MOU provisions on behalf of the Union Article 20 (continued) - Any RECOMMENDED ACTION on a MANDATORY SUBJECT OF BARGAINING (that is, something which deals with wages, hours and other terms or conditions of employment) cannot be finalized until the University NOTIFIES AND BARGAINS WITH AFSCME. If it concerns a PERMISSIVE SUBJECT OF BARGAINING (many other subjects), the University need only NOTIFY AFSCME AND BARGAIN IF THEY REQUEST IT. However, members of the bargaining unit who do participate in such bodies are NOT EMPOWERED TO ENTER INTO ANY AGREEMENTS OR WAIVERS regarding the provisions of the MOU � that is, they cannot �speak� for the Union. Article 20 (continued) - Any RECOMMENDED ACTION on a MANDATORY SUBJECT OF BARGAINING (that is, something which deals with wages, hours and other terms or conditions of employment) cannot be finalized until the University NOTIFIES AND BARGAINS WITH AFSCME. If it concerns a PERMISSIVE SUBJECT OF BARGAINING (many other subjects), the University need only NOTIFY AFSCME AND BARGAIN IF THEY REQUEST IT. However, members of the bargaining unit who do participate in such bodies are NOT EMPOWERED TO ENTER INTO ANY AGREEMENTS OR WAIVERS regarding the provisions of the MOU � that is, they cannot �speak� for the Union.

78. Article 21 � Miscellaneous Section 1 � Attendance at Job Interviews (p. 28) Up to four (4) hours per quarter to interview for other University positions outside of the employee�s own department Section 2 � Job Related Training (p. 28) Paid release time to attend up to three job related trainings per year with supervisory approval Section 1 � This formalizes a practice many departments are currently following. This ensures consistent opportunities. This applies ONLY to positions OUTSIDE the employee�s own department. Section 2 � This new provision provides release time ONLY; it does not mean that departments have to make training costs available. These training must be scheduled with supervisory approval. Section 1 � This formalizes a practice many departments are currently following. This ensures consistent opportunities. This applies ONLY to positions OUTSIDE the employee�s own department. Section 2 � This new provision provides release time ONLY; it does not mean that departments have to make training costs available. These training must be scheduled with supervisory approval.

79. Article 21 � Miscellaneous Section 3 � Release Time for Campus or System Sponsored Committees (p. 28) Bargaining unit employees elected or appointed to: Campus Senate and Senate standing committees USM Councils Otherwise appointed by President or Provost to a campus or system committee Granted paid release time to fulfill those responsibilities on same basis as non-bargaining unit employees on such bodies Section 3 � This provides the release time for the bodies described in Article 20.Section 3 � This provides the release time for the bodies described in Article 20.

80. Article 22 � Layoffs Section 1 � Layoff Notice (p. 28) Essentially the same as procedure currently in place If Union requests, will meet to discuss the effects of the layoff or specific issues not covered by MOU Section 2 � Order of Layoff (pp. 28-29) Same as procedure currently in place � probationary employees before regular employees Lowest number of points first laid off EXEMPT EMPLOYEES � Seniority in job title AND job function Section 3 � Seniority Points (pp. 29-30) Nonexempt Calculated on the same basis In case of ties, University and Union will select which employee will be laid off Very few changes were made to the existing layoff procedures. Many of these provisions are simply memorializing what we already do. Section 1 � This affirms BOR Policy VII � 1.30 and our current practices with regards to effects bargaining (which is done by Human Resources) and providing employees with a �Layoff Guide� which provides information to employees being laid off. Sections 2 & 3 � Remain essentially unchanged. The only real change is that in case of a point tie, the University and Union will jointly select who is laid off. Very few changes were made to the existing layoff procedures. Many of these provisions are simply memorializing what we already do. Section 1 � This affirms BOR Policy VII � 1.30 and our current practices with regards to effects bargaining (which is done by Human Resources) and providing employees with a �Layoff Guide� which provides information to employees being laid off. Sections 2 & 3 � Remain essentially unchanged. The only real change is that in case of a point tie, the University and Union will jointly select who is laid off.

81. Article 22 � Layoffs Section 4 � Displacement Rights (p. 30) Key provisions remain the same Applies to all non-exempt jobs (not just positions in the bargaining unit) If do not bump (or cannot), is laid off Section 5 � Priority Consideration for Re-Employment (pp. 30-31) Same right to 3 years priority consideration First priority to those laid off from hiring department; greatest number of points offered job If vacancy in another department, receive priority over other University staff and non-University candidates If Department wants to reject, must get written concurrence from Director, University Human Resources Section 4 � Contains no new provisions Section 5 � This is all consistent with existing BOR Policy VII � 1.30 Section 4 � Contains no new provisions Section 5 � This is all consistent with existing BOR Policy VII � 1.30

82. Article 22 � Layoffs Section 6 � Re-Employment Notifications (p. 31) Must be sent certified mail/return receipt Seven days from first delivery attempt to accept Up to 14 days to resume work Section 7 � Earned Wages and Accrued Benefits (p. 31) No change to current practice Receive all separation wages and benefits in first check after layoff effective Section 6 � We have memorialized the timeframes for re-employment actions. Section 7 � These provisions are all consistent with current practices.Section 6 � We have memorialized the timeframes for re-employment actions. Section 7 � These provisions are all consistent with current practices.

83. Article 22 � Layoffs Section 8 � Administrative Leave (p. 32) All employees must get 90 days of duty-free administrative leave If must work part of 90 day notice period, notice is extended until have 90 days of administrative leave Section 9 � Tuition Remission (p. 32) No change to current practice Semester in which layoff occurs plus one semester Section 8 � This provision IS new. It now ensures that all employees will receive 90 duty free days to look for a position before they are laid off. If because of operational reasons you must notify an employee of layoff and then have them work, their layoff date will be extended by an equal number of days. Section 9 � This is how we have been handling tuition remission since the layoff in 2003 began.Section 8 � This provision IS new. It now ensures that all employees will receive 90 duty free days to look for a position before they are laid off. If because of operational reasons you must notify an employee of layoff and then have them work, their layoff date will be extended by an equal number of days. Section 9 � This is how we have been handling tuition remission since the layoff in 2003 began.

84. Article 23 � Duration of MOU Section 1 � Duration (p. 32) Term is 3/9/04 to 3/8/07 EXEMPT term is 7/1/04 to 6/30/07 Section 2 � Renewal (p. 33) Automatically renews unless bargaining requested Sections 1 & 2 � This MOU will continue until at least 2007; it will be automatically renewed unless one party sends timely notice of a desire to bargain.Sections 1 & 2 � This MOU will continue until at least 2007; it will be automatically renewed unless one party sends timely notice of a desire to bargain.

85. Non-Exempt MOU Side Letters Side Letter 1 � Facilities Management Overtime Nonexempt Side Letter 2 [AND EXEMPT] � Parking Fees Bargaining unit employees will pay prevailing rate Professional Development Day provided for in each contract year 15 days notice No more than 40 employees at a time Denial not unreasonably withheld Requests go through the Union to University Human Resources Union determines what the Professional Development Day will be used for, not the employee Side Letter 3 � Grievance Procedure Statutory grievance procedure � no change There were three Side Letters to this Agreement. The first deals with overtime in Facilities Management. We worked carefully with operating management and their HR staff. We will work with them to provide specific training on these provisions. The second Side Letter dealt with the issue of Parking Fees. All bargaining unit employees will pay the same rate. However, every year, they will be entitled to a �Professional Day.� No more than 40 employees a day can be off and the University must receive 15 days notice of the date the day is to be taken. While denials will not be unreasonably withheld, if a department is experiencing a shortage of staff, a high demand season or when there is an extraordinary need for the employee to be at work, an alternative date will be scheduled. ---------------------------------------- ?A new leave code will be available through the PHR Time Entry Records to record Professional Dev Leave. Time Entry supervisors may enter this leave code only (not employees). Side letter 3 contains the entire statutory grievance procedure. This is the procedure we have used for many years at the University.There were three Side Letters to this Agreement. The first deals with overtime in Facilities Management. We worked carefully with operating management and their HR staff. We will work with them to provide specific training on these provisions. The second Side Letter dealt with the issue of Parking Fees. All bargaining unit employees will pay the same rate. However, every year, they will be entitled to a �Professional Day.� No more than 40 employees a day can be off and the University must receive 15 days notice of the date the day is to be taken. While denials will not be unreasonably withheld, if a department is experiencing a shortage of staff, a high demand season or when there is an extraordinary need for the employee to be at work, an alternative date will be scheduled. ---------------------------------------- ?A new leave code will be available through the PHR Time Entry Records to record Professional Dev Leave. Time Entry supervisors may enter this leave code only (not employees). Side letter 3 contains the entire statutory grievance procedure. This is the procedure we have used for many years at the University.

86. CONCLUSION:What Do Supervisors Need to Know High Impact Provisions: What have I heard today that affects my operation now? What have I heard today that affects my planning? When in doubt, ask Staff Relations! When you go back today, here are some of the questions you might want to immediately ask yourself: 1) Do you have any employees whose probationary period has been affected 2) If I have overtime coming up, is it a situation where you need to give one days� advance notice 3) Is there anyone who needs to begin to be paid the $8 per weekend premium 4) Have I had any employees who have had a death in the family for which they took leave since March 9, 2004 5) Do I have any pending disciplinary action which is coming up against the 3- or 10-day limit? 6) Do I have any employees who have gone to interviews in other University departments since March 9, 2004 7) Do I have anyone about to be given notification of layoff that may need to work before they get their 90 duty-free days?When you go back today, here are some of the questions you might want to immediately ask yourself: 1) Do you have any employees whose probationary period has been affected 2) If I have overtime coming up, is it a situation where you need to give one days� advance notice 3) Is there anyone who needs to begin to be paid the $8 per weekend premium 4) Have I had any employees who have had a death in the family for which they took leave since March 9, 2004 5) Do I have any pending disciplinary action which is coming up against the 3- or 10-day limit? 6) Do I have any employees who have gone to interviews in other University departments since March 9, 2004 7) Do I have anyone about to be given notification of layoff that may need to work before they get their 90 duty-free days?

87. CONCLUSION It will take time Don�t just accept their word on what a provision says or how it is to work If the MOU is administered contrary to the written word, the meaning can be changed�. �AND it will change for every entity across campus. It will take time working with this MOU before you feel reasonably comfortable with it. Don�t just accept the representations of employees who it works. If there has been a long standing policy and someone tells you it has changed, you should instinctively ask, �Where does it say that?� Make them show you! You�ve got the Agreement there; there IS nothing else. If departments create their own �interpretations,� those can become binding (not withstanding language to the contrary). So if Department X says, for example, �Instead of giving this employee 90 days notice of layoff, we�d rather give 120 days,� 120 days has just become the standard for all future layoffs across the campus! Staff Relations is your resource to help you understand its provisions. Call us anytime! It will take time working with this MOU before you feel reasonably comfortable with it. Don�t just accept the representations of employees who it works. If there has been a long standing policy and someone tells you it has changed, you should instinctively ask, �Where does it say that?� Make them show you! You�ve got the Agreement there; there IS nothing else. If departments create their own �interpretations,� those can become binding (not withstanding language to the contrary). So if Department X says, for example, �Instead of giving this employee 90 days notice of layoff, we�d rather give 120 days,� 120 days has just become the standard for all future layoffs across the campus! Staff Relations is your resource to help you understand its provisions. Call us anytime!

88. Thank You Staff Relations Extension 5-0001 Cherie Forster x5-3576 Bill Pugh x5-5681 Jennifer Smith x5-0193 Natalie Torres x5-0001