AGREEMENT
by and between
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS
and
THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, COUNCIL 31, AFL-CIO
ON BEHALF OF LOCAL 698
Effective August 22, 2021 through August 31, 2024
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ON BEHALF OF LOCAL 698. Effective August 22, 2021 through August 31, 2024. Page 2. 1. CONTENTS. ARTICLE I. 5. AUTHORIZATION AND PURPOSE .
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AGREEMENT
by and between
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS
and
THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, COUNCIL 31, AFL-CIO
ON BEHALF OF LOCAL 698
Effective August 22, 2021 through August 31, 2024
CONTENTS
AGREEMENT
by and between THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS and THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, AFL-CIO LOCAL 698
This Collective Bargaining Agreement (“Contract” or “Agreement”) is made and entered into by and between the Board of Trustees of the University of Illinois, a public corporation (“Employer,” “University,” or “Management”), and the American Federation of State, County, and Municipal Employees, Council 31, on behalf of Local 698 (“Union”). The Union has been certified as the exclusive bargaining representative for the employees of the University identified in Article III of this Agreement.
ARTICLE I
AUTHORIZATION AND PURPOSE
Section 1. Authorization
This Agreement is authorized by the Illinois Educational Labor Relations Act, 115 ILCS 5/1 et seq ., and the State Universities Civil Service Act, 110 ILCS 70/36d.
Section 2. Purpose
The purpose of this Agreement is to promote sound and mutually beneficial relationships between the University and the Union, and to promote the quality and performance of the University.
ARTICLE II
AUTHORITY OF THE CONTRACT (LIMITATIONS)
Section 1. Limitations
A) This Agreement is subject to: 1) applicable federal and state laws and regulations issued there under as they may be amended from time to time; 2) rules and regulations of the State Universities Civil Service System of Illinois as they may be amended from time to time; 3) rules and regulations of the State Universities Retirement System as they may be amended from time to time; 4) the statutes and rules promulgated by the Board of Trustees of the University of Illinois as they exist on the effective date of this Agreement; 5) provisions of the University’s Policy and Rules as they exist on the effective date of this Agreement, or as amended; each of which is incorporated herein by reference.
B) In the event of conflict among any of the foregoing and any provisions of this Agreement, the former shall prevail, except for conflicts with Policy and Rules, in which case the provisions of this Agreement shall prevail.
C) Should any part of this Agreement or any provisions contained herein be determined to be contrary to law by a court of competent jurisdiction, such part or provision shall not invalidate the remaining portions hereof and they shall remain in full force and effect. The parties shall attempt to renegotiate the invalidated part or provisions.
D) The University reserves the right to modify or add policies, rules and/or regulations which are permissive subjects of bargaining. The University shall notify the Union when considering a change to a policy, rule or regulation that pertains to a mandatory subject of bargaining. The Union reserves the right to request bargaining prior to implementation of the change.
E) Nothing contained within this Article shall prevent the parties from agreeing to provisions in this Agreement that supplement or clarify similar provisions of the University’s Policy and Rules.
F) Nothing contained herein shall be construed as a waiver by the Union of the right to negotiate on behalf of employees as provided in the Illinois Educational Labor Relations Act, 115 ILCS 5/1 et seq.
G) Previous agreements or commitments between the parties that contradict the provisions of this Agreement are null and void as of the effective date of this Agreement. This Agreement represents the entire Collective Bargaining Agreement between the parties. Any subsequent amendments to this Agreement must be in written form and signed by the authorized official(s) of each party.
ARTICLE III
NEGOTIATIONS AND EXCLUSIVE RECOGNITION
Section 1. Classes Represented
The University recognizes the Union as the exclusive representative in all negotiable matters pertaining to wages and salaries, hours, working conditions, and other conditions of employment for the following classifications of employees as defined or established by the State Universities Civil Service System of Illinois and employed by the University at its Urbana- Champaign campus (including employees who may be assigned to work locations outside the Urbana-Champaign campus, such as the Robert Allerton Park location, Dixon Springs location, Chicago, and all other locations deemed to be a part of the Urbana-Champaign campus). The terms and conditions of this Agreement shall apply to the following bargaining unit classifications.
GROUP A - ENGINEERING TECHNICIANS, LABORATORY MECHANICS
Ceramic Engineering Technician Instrument Maker Laboratory Mechanic Laboratory Mechanic (Trainee) Senior Ceramic Engineering Technician Senior Laboratory Mechanic
GROUP G – MCKINLEY HEALTH CENTER EMPLOYEES
Central Sterile Supply Technician Licensed Practical Nurse I Licensed Practical Nurse II Medical Assistant Medical Laboratory Technician II Medical Technologist I Nursing Assistant Staff Nurse I Staff Nurse II
GROUP H – LIBRARY EMPLOYEES
Digital Imagining Specialist Library Operations Associate Library Specialist Senior Library Specialist
GROUP I – COMPUTER EMPLOYEES
Computer System Operations Specialist I Computer System Operations Specialist II Digital Computer Operator I Digital Computer Operator I (Learner) Digital Computer Operator II Digital Computer Operator III Microcomputer Support Specialist I Microcomputer Support Specialist II
GROUP J - NATURAL SCIENCE EMPLOYEES
Natural Science Laboratory Assistant I Natural Science Laboratory Assistant I (Learner) Natural Science Laboratory Assistant II Natural Science Laboratory Assistant III Natural Science Technical Assistant
GROUP L - DIXON SPRINGS EMPLOYEES
Agricultural Gardener Agricultural Gardener Foreman Assistant Agricultural Research Technician Associate Agricultural Research Technician Automotive Mechanic Building Mechanic Building Mechanic Foreman Crops Testing Technician Farm Mechanic Farm Mechanic Foreman
Forest Custodian Garage Foreman Maintenance Equipment Operator Senior Agricultural Research Technician
GROUP M - COMMUNICATION EMPLOYEES
Communication Network Specialist II Communication Services Specialist I Telephone Operator I
GROUP N - DUPLICATING MACHINE OPERATORS, OFFSET PRESS TECHNICIANS
Duplicating Machine Operator I Duplicating Machine Operator II Duplicating Machine Operator III Offset Press Technician
GROUP O – OPERATIONS SUPPORT SERVICE SPECIALISTS
Operations Support Service Specialist I Operations Support Service Specialist II Operations Support Service Specialist III
GROUP P - CROPS TESTING EMPLOYEES
Crops Testing Specialist Crops Testing Technician
GROUP Q – AUTOMOTIVE EMPLOYEES
Automotive Parts Manager Automotive Technician Assistant
GROUP R - AIRCRAFT MECHANICS, CRASH RESCUE AND SECURITY EMPLOYEES
Aircraft Maintenance Mechanic Helper Crash Rescue and Security Coordinator Crash Rescue and Security Specialist Master Aircraft and Aircraft Engine Mechanic Senior Aircraft Maintenance Mechanic
GROUP S - INTERCOLLEGIATE ATHLETIC EQUIPMENT SPECIALISTS, LOCKER ROOM ATTENDANTS
Intercollegiate Athletic Equipment Specialist Locker Room Attendant Locker Room Attendant (Learner)
Field Worker (Dixon Springs) Health Service Nurse Herder Herder (Dixon Springs) Herder Foreman Herder Foreman (Dixon Springs) Junior Foundry Molder Laboratory Animal Care Specialist Laboratory Animal Caretaker Laboratory Animal Caretaker (Learner) Laboratory Animal Care Technician Laboratory Animal Care Technician I Laboratory Animal Care Technician II Library Conservation/Preservation Assistant Medical Radiographer II Medical Radiography Specialist Medical Technologist Nuclear Data Analyst I Nuclear Data Analyst II Park Foreman Park Sub-Foreman Poultry Worker Poultry Worker Foreman Safety Officer II Senior Foundry Molder Supervising Farm Foreman
Section 3. New Classification Recognition
A classification title change will not remove employees from the bargaining unit as long as they are performing substantially the same work. Any new classification covering the same work will become part of the bargaining unit covered by this Agreement.
Section 4. Rights of the Employer
The Union recognizes the rights of the University to manage its operations and to plan, direct, and control the policies and conditions of employment of its employees insofar as such policies are not inconsistent with the provisions of this Agreement. The University recognizes the interests of the Union in any changes which materially affect the working conditions of those represented by the Union and will keep the Union informed as to such changes.
Section 5. Emergencies
The University shall notify the union of the University’s response to emergency situations. This section of the collective bargaining agreement shall not be considered a waiver of any bargaining obligations under the Illinois Educational Labor Relations Act (115 ILCS 5 et seq).
ARTICLE IV
EMPLOYMENT RIGHTS
Section 1. Equal Opportunity
Neither the University nor the Union shall discriminate against or harass any applicant, candidate for employment, or employee based upon that individual's race, color, national origin, ancestry, creed, gender, sex, age, religion, marital/civil union status, parental status, disability, sexual orientation including gender identity, genetic information, unfavorable discharge from the military, status as a protected veteran, or status as a victim of domestic or sexual violence, within the meaning of and as defined by the applicable federal and state employment statutes.
Section 2. Protected Union Activity
Each employee may make his/her own personal decision with respect to Union membership without intimidation or coercion. There will be no discrimination against any employee because of Union membership or because the employee is acting as a representative of the Union, Union members, or other nonacademic employees pursuant to the provisions of this Agreement or Policy and Rules.
Section 3. Requests for Reasonable Accommodation
Individuals who believe that they are in need of a reasonable accommodation to be able to perform the essential functions of their position due to a physical or mental disability within the meaning of the Americans with Disabilities Act (ADA), as amended, may request an accommodation through the human resources personnel for their department, the Labor and Employee Relations section of Illinois Human Resources, or the University’s Office for Access and Equity. Requests for an accommodation shall be referred to the Office for Access and Equity. Requests for an accommodation for System-level employees shall be referred to System Human Resource Services. After receiving a reasonable accommodation request, the University will work with the employee and, if necessary, the employee’s medical provider to determine what reasonable accommodation, if any, will be effective in allowing the employee to be able to perform the essential functions of the position. The Illinois Human Resources’ Office of Labor and Employee Relations will notify the Union before implementing any accommodation that would impinge on rights guaranteed to other bargaining unit employees under this Agreement or which otherwise would require a modification or exception to this Agreement.
Section 4. Family and Medical Leave
Bargaining unit employees will be offered family and medical leave in accordance with and pursuant to the terms of the federal Family and Medical Leave Act (FMLA). As set forth within that statute, eligible employees, as defined by the FMLA, will be granted up to twelve (12) workweeks of unpaid leave during a designated 12-month period. Throughout that leave, the employee’s group health benefits will be maintained under the same terms as if the employee had continued working. At the end of the leave, the employee will be restored to the same or an equivalent position with equivalent pay, benefits and other terms of conditions of employment, and will be eligible to receive any enhancements in salary, benefits or other terms to the extent that the employee would have been eligible if the employee had continued working. The FMLA also provides certain military family leave entitlements as well. Eligible employees may use FMLA leave for specified reasons related to certain military deployments of their family members and
duration. Under normal circumstances, employees will provide a minimum of thirty (30) calendar days’ notice. Departmental operations permitting, time off without pay also will be granted to authorized Union representatives to attend Union functions of two (2) days or less with reasonable advance notice. In either case, the affected employee(s) will be allowed to use any accumulated vacation or compensatory time in lieu of taking such time off without pay.
Section 5. Leave for Union Office
The University may grant employee requests for a leave of absence to hold a Union office. If granted, the leave shall not exceed two (2) years in duration. Such requests shall not be unreasonably denied.
Section 6. Distribution of Union Literature
The Union, will be permitted to use the University’s campus regular mail service.
Section 7. Information Provided to the Union
The University shall provide the Union on a monthly basis with the following information relating to or affecting bargaining unit positions or employees: new hires, promotions, demotions, reallocations, reclassifications, layoffs, recalls from layoffs, reassignments, leaves, returns from leaves, discharges or terminations, open or vacant positions that the University intends to fill, and open or vacant positions that were filled.
In addition, the University shall furnish the Union at least twice a year with a list of confidential employees who otherwise would be covered by this Agreement, as well as seniority lists for employees who are covered by the Agreement. The University also shall furnish a separate list, once per month, in Excel or another mutually agreed upon digital file format that contains the names of bargaining unit employees, their campus contact information (campus address, campus mail code, campus email, and campus phone number, if any), permanent home telephone number, cell phone number, home address, any personal email address on file, class code, step, anniversary date, and FTE percentage. The information provided in conjunction with this list relating to bargaining unit employees shall be based upon the information listed within Banner for those employees
The information provided to the Union shall include a unique employee identification number for each bargaining unit member. If for any reason the University should elect to change or modify the employee identification number for an employee, the University shall notify the Union of that change or modification prior to, or in conjunction with, submitting any subsequent information to the Union regarding that employee.
The University shall provide the requisite information to the Union electronically.
The Union may request additional information from the University that is necessary for contract negotiations or administration. The University will strive to furnish the requested information within ten (10) calendar days after receiving the request.
The University shall make available access to the employee deduction register, which shall include all employees in the bargaining unit from whom dues were deducted. This register shall include the employees’ name, unique employee identification number, and deduction amount.
Section 8. Union Notices
The University shall fulfill its obligation to provide any notices that are required under the terms of this Agreement by submitting the notice within the requisite time period to the Union’s President or anyone designated by the President to act on behalf of the Union with respect to a particular matter. Such notices must be in writing and can be hand-delivered, sent electronically, or mailed to the designated Union representative. If the notice is sent electronically, the notice will be deemed to have been submitted as the date and time that the e-mail is shown as being sent. If the notice is delivered by hand or by mail, the notice will be deemed to have been submitted on the date that the notice is received by the designated Union representative or is delivered to the Union representative’s regular place of business. In the absence of evidence showing the actual date of receipt, notices that are submitted by either campus mail or United States mail will be presumed to have been delivered by the third business day following the date on which the notice was deposited by the sender into a mail receptacle.
For the purposes of calculating whether notice has been submitted within the request time period, the date on which the notice was submitted shall be excluded. Each subsequent day thereafter shall be included in the calculation, unless any of those days are a Saturday, Sunday or a holiday recognized by the University. Intermediate Saturdays, Sundays, and recognized University holidays shall be excluded from the calculation. As such, by way of example, if the Agreement requires three-day notice of a pre-disciplinary meeting and notice is submitted to the Union representative on a Friday afternoon, the pre-disciplinary meeting may be scheduled for anytime on the following Wednesday, assuming that none of the intervening days are University recognized holidays, or anytime thereafter. The time periods established by this Agreement may be extended with the mutual consent of both parties.
Section 9. Union Orientation
The Union shall be permitted, at a time mutually agreed to by both the Union and the University, to conduct an up to one (1) hour orientation session during normally scheduled working hours for employees entering the bargaining unit for the first time. Such orientation sessions will occur within the first two (2) weeks of employment, and will take place on the employer’s premises unless an alternate time and location are otherwise mutually agreed to by the Parties. Attendance at the session by such employees shall be strictly voluntary and without loss of pay. One University employee who is a representative of the Union will be authorized to attend such orientation sessions of up to one (1) hour each without loss of pay. The Union is responsible for organizing and scheduling the orientation. The University will work with the Union to provide a meeting a location for the orientation upon request and subject to operational needs.
At or near the time that employees first enter the bargaining unit, the University will advise those employees in writing that they are represented by a Union for collective bargaining purposes, that they will be are invited by the Union to attend an up to one (1) hour orientation session, that attendance at that session is strictly voluntary, and that they may attend one (1) orientation session without any loss of pay and without any impact to their status as an employee. The notification to new employees shall include the time and date of upcoming Union orientation(s), which shall be provided to the University by the Union. The notice of the orientation session will be in the form of an electronic hyperlink, digital pdf flyer, or other format mutually agreed to by the Parties. The
Positive Contacts and Positive Recognition letters. Whenever an employee is given a Constructive Contact, the employee will be notified that the employee received a Constructive Contact. It is also intended to correct/eliminate employee deficiencies through both informal non-disciplinary supervisory discussion (Constructive Contact and Performance Improvement Discussion), and through formal progressive corrective steps where appropriate. These progressive steps include:
Formal Corrective Action A) Work Performance Reminder B) Written Reminder C) Decision Making Leave
Discharge
The University reserves the right to skip any and all informal and formal steps due to seriousness of infraction or due to pattern of infractions. Any infraction that occurs while an employee is in an active period of the Decision Making Leave step may result in discharge. Formal corrective action will be issued according to the tenets of the Performance Partnership Program and for just cause. Formal corrective action will be issued as soon as practicable after the University became aware that a bargaining unit member or members engaged in an offense giving rise to formal corrective action, but in no event (except extension) more than thirty (30) days after the action or event occurred or when representatives of the University first became aware of the incident or reasonably should have known that it occurred, unless the incident is subject to a criminal and/or administrative investigation outside the control of Illinois Human Resources. In cases of such outside investigations, the thirty (30) days will begin when Illinois Human Resources becomes aware of the results of the investigation. The thirty day limitation period is deemed to have been met if the University schedules a pre-disciplinary meeting within the time period as outlined in this agreement and the meeting is continued or delayed at the request of the Union, or if a pre-disciplinary meeting is conducted within that time period and a decision is held in abeyance pending further investigation by the University. A decision may not be held in abeyance more than eight (8) workdays from the date of the pre-disciplinary meeting.
The University may request an extension of the thirty (30) day time limit and the Union shall not unreasonably deny the request.
Section 2. PPP Guidelines and Materials
PPP guidelines are set forth in the University’s PPP Supervisor’s Manual as it may be amended from time to time. The University shall provide the Union with copies of the guidelines and other materials that are provided to management regarding the proper implementation of the PPP. The University shall notify the Union of, and provide it with the opportunity to meet and bargain over, any substantive changes or modifications to the PPP guidelines set forth in the PPP Supervisor's Manual. The University shall offer training on the Performance Partnership Program to its supervisors on a bi-annual basis, and will seek to have all new supervisors undergo that training within their first year as a supervisor.
Section 3. Just Cause
Formal corrective action and discharge shall be based on “just cause” as defined under the State Universities Civil Service System Statute and Rules. Just cause for formal corrective actions less than discharge include, but are not limited to: unauthorized and unexcused absence; leaving
work without authorization; failure to punch in or out on time card; habitual tardiness; punching another employee’s time card; unauthorized key duplication and/or unauthorized possession of keys; inappropriate or unauthorized use of University resources or property; misrepresentation of absence; falsification of records; refusal to do assigned work; failure to follow work schedules; failure to follow time schedules; poor quality and/or quantity of work; insolence; failure to adhere to departmental regulations; smoking in prohibited areas; disregard of safety regulations; careless workmanship resulting in spoilage, waste or delay; gambling on institutional property; creating or contributing to unsanitary conditions; horseplay or scuffling; fighting; bullying or intimidating behavior; inappropriate interaction with University employees, students or the public; sleeping during working hours; and unauthorized visiting and loafing on the job.
Causes justifying discharge include, but are not limited to all those listed as causes for suspension if they become recurring offenses and in addition: theft; insubordination; any illegal form of harassment; drinking intoxicating liquors on institutional time or property; inability to perform assigned duties satisfactorily as a result of drinking alcoholic beverages or using controlled substances; malicious damage to property, tools, or equipment; immoral or indecent conduct which violates common decency or morality; conviction of an offense involving moral turpitude; illegal or excessive use of controlled substances; sale of alcohol or illegal drugs on University property; assault; threats to health or safety of another person(s) or to University property; and possession of weapons on University property.
Absence of an employee for five (5) consecutive workdays without reporting to the Employer or the person designated by the Employer to receive such notification may be cause for discharge in the absence of exigent circumstances that prevented them or someone acting on their behalf from being able to contact supervision at any point during that time period. For such absences, the following process will be followed:
- Following the fifth consecutive workday of an absence by an employee without reporting, the Employer shall send notification of their absence to the employee and the Union.
- Upon receipt of the notification, the employee shall have ten (10) workdays to respond.
- If no response from the employee is received within the ten (10) workday timeframe, the employee will be considered to have resigned upon their last day of work. However, the University shall allow the employee to be reinstated to their former position if the employee can demonstrate that the employee was unable to provide proper notification of his/her absence to the University due to circumstances beyond his/her control.
Per the PPP supervisor’s manual, to determine if action is warranted, supervisors will consider the following:
- Did the employee clearly understand the rule or policy that was violated?
- Did the employee know in advance that such conduct would be subject to disciplinary action?
- Was the rule violated reasonably related to the safe, efficient and orderly operation of the business?
- Is there substantial evidence that the employee actually did violate the rule?
- Is the action planned reasonably related to the seriousness of the offense, the employee’s record with the organization, and to action taken with other employees who have committed a similar offense?