The University retains, solely and exclusively, all of its inherent rights, functions, duties, and responsibilities with the unqualified and unrestricted right to determine and make decisions on all terms and conditions of employment and the manner in which the operations of the University will be conducted except where those rights, functions, duties, and responsibilities may be limited in this Agreement.

The Union, through its officials, will not cause, instigate, support or encourage, nor shall any Employee take part in, any concerted action against or any concerted interference with the operations of the University, such as the failure to report for duty, the absence from one’s position, the stoppage of work, or the failure, in whole or in part, to fully, faithfully, and properly perform the duties of employment. Nothing in this paragraph, however, shall be construed to limit participation of individuals in an activity that is unrelated to their employment relationship.

In the event of any such action or interference, and on notice from the University, the Union, through its officials, will immediately disavow such action or interference and instruct in writing any and all Employees to cease their misconduct and inform them that this misconduct is a violation of the Agreement, which subjects them to disciplinary action, including discharge.

If the Union, through its officials, performs its obligations as set forth in this Article, the University agrees that it will not file or prosecute any action for damages against the Union or its officials. Nothing herein, however, shall preclude the University from proceeding against any Employee involved in such action or interference.

The University agrees that during the life of this Agreement there will be no lockout.

Article IV: Anti-discrimination and Equal Opportunity Employment

Section A. Principles and Definitions

1. Statutory Compliance
   It is agreed that there shall be no discrimination in the application of the provisions of this Agreement based on impermissible factors as defined below and as consistent with the state of Michigan Elliot-Larsen Civil Rights Act of 1976. Refer to Appendix C for the text of the act. The University agrees to abide by the protections afforded employees with disabilities as outlined in the rules and regulations which implement Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Refer to Appendix A for a description of the Americans with Disabilities Act.
2. Impermissible Factors
   “Impermissible factors” means an Employee’s race, creed, color, religion, national origin, ancestry, marital status, familial status, parental status or pregnancy status, sex, gender identity or expression, sexual orientation, age, height, weight, disability, citizenship status, veteran status, HIV antibody status, political belief, membership in any social or political organization, participation in a grievance or complaint whether formal or informal, or any other factor irrelevant to his or her employment status or function.
3. Definition of Discrimination
   Any of the following constitute “discrimination”:
1. to discharge, or otherwise to act against an individual when the act arises from or is related to the Employee’s status or function as a GSI or GSSA, because of an impermissible factor.
2. to limit, segregate, or classify an Employee in a way that deprives or tends to deprive an Employee of an employment opportunity or otherwise adversely affects the status of an Employee because of an impermissible factor.
3. sexual harassment. “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:
1. submission to or rejection of the conduct or communication by an employee is used as a factor in decisions affecting his or her employment; or
2. the conduct or communication has the purpose or effect of substantially interfering with an employee’s employment, or creating an intimidating, hostile, or offensive employment environment.
4. harassment. “Harassment” means conduct by a University of Michigan employee directed toward a member of the bargaining unit that arises from or is related to the Employee’s status or function as a GSI or GSSA and that includes, but is not limited to, repeated or continuing unconsented contact or repeated verbal abuse, , threats, or intimidation that significantly interferes with the Employee’s ability to perform his or her job duties, that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose related to the individual’s employment, unless the timing or manner in which the activity or conduct is done would cause a reasonable individual to suffer emotional distress and that actually causes the harassment grievant to suffer emotional distress.

Section B. Grievance Procedure

In the event an Employee has a grievance alleging a violation of this Article, the grievance may be initiated at Step One, Step Two, or Step Three of the grievance procedure, at the discretion of the Union, provided it is submitted in writing within forty (40) calendar days following reasonable knowledge of the facts giving rise to the grievance.

In the event the Union gives notification of intent to arbitrate as provided in Section D of Article XVI, the University and the Union will select an arbitrator as provided in Section D of Article XVI, provided, however, that a list of arbitrators familiar with discrimination allegations will be requested if the University and the Union are unable to select a mutually agreeable Arbitrator. In discrimination cases, the fees and expenses of the Arbitrator shall be paid by the Union if the grievant’s claim of discrimination is denied and by the University if the grievant’s claim of discrimination is upheld.

Nothing in this section shall be construed to prevent an Employee who alleges discrimination from exercising constitutional or statutory rights which might be available in addition to arbitration, provided however: (1) that if the Union gives notification of intent to arbitrate, the aggrieved Employee shall not attempt to avail him or herself of such additional rights until after receipt of the arbitration award, except for a case where the Employee might be foreclosed from exercising those rights because of the time involved in the arbitration proceedings, and (2) that if the Employee files for such rights prior to receipt of the arbitration award, the Employee will request any investigative agency to delay its investigation pending receipt of the arbitration award. In the event the Employee acts in a way inconsistent with (1) and/or (2), the grievance and arbitration process shall cease.

As an alternate to step one of the grievance process (Section C of Article XVI), complaints or grievances by Employees alleging a violation of this Article can be brought directly to the Office of Institutional Equity. Time spent in active pursuit of such informal dispute resolution will not count towards the grievance clock for step one.

Section C.

Neither the University nor the Union shall discriminate against, intimidate, restrain, coerce, or interfere with any employee because of, or with respect to, his or her lawful union activities or membership or the right to refrain from such activities or membership. In addition, there shall be no discrimination against any Employee in the application of the terms of this Agreement because of membership or non-membership in the Union.

Section D. Changes

In the event the University adds any additional category or categories of protected classes to its current policies on non-discrimination, such category or categories will be added to this Agreement, unless upon written notice, within thirty (30) days of such adoption by the University, the Union informs the University that it does not wish to add the category or categories during the term of the Agreement.

Section E. Definitions

Gender Identity or Expression: “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of an individual, whether actual or perceived, and regardless of the individual’s assigned sex at birth.

Section F. Accommodations for Employees with Disabilities

The University will provide each qualified Employee with a known disability with such reasonable accommodation(s) as are necessary for the performance of his or her employment functions, unless the accommodation(s) would impose an undue hardship as provided under the Americans with Disabilities Act. 

Article V: Union Dues and Representation-service Fees

Section A. Union Security

The parties recognize that the proper negotiation and administration of a collective bargaining agreement and the fulfillment by the Union of its statutory duty of representation entail expenses which are appropriately shared by all employees who are beneficiaries of such agreements. To this end and as provided in this Article, in the event an Employee shall not join the Union, the Employee, nevertheless, shall pay to the Union a Representation-Service Fee, which fee shall be in an amount not to exceed the Employee’s pro rata share of the Union’s cost of negotiating and administering a collective bargaining agreement. Dues or Representation-Service Fees shall be tendered or paid to the Union by the method selected on the “Graduate Employees’ Organization Union Membership/ Representation-Service Fee Card” through the procedures set forth in Section C.

Section B. Dues/Fees

Payment of these dues or representation fees, subject to the conditions of this Article, is a condition of employment for all Employees, provided however that the University shall not be obligated to withhold re-employment from an Employee who has formally challenged the amount of the Representation-Service Fee within thirty (30) calendar days following the effective date of the Employee’s appointment until that matter has been resolved.

Section C. Check-Off of Union Membership Dues and Representation-Service Fees

During the term of this Agreement, the University will deduct current Union Dues or Representation-Service Fees from the wages or any other payment processed through and by the University Payroll Department for each Employee who authorizes such deduction by using the deduction authorization card described in Section I of this article.

 Each employing unit will provide Graduate Employees’ Organization Union Membership/ Representation-Service Fee cards to all Employees by no later than fifteen (15) calendar days following the effective date of an Employee’s appointment or the offer of an appointment, and will inform each Employee of obligations under this Article. The University will thereafter make Graduate Employees’ Organization Union Membership/Representation-Service Fee cards available to all Employees through their department or unit; such cards will also be available from the Union.

Following execution of the card, the Employee will submit it to the Union.

 Section D. Email Communications

1. The University will send a targeted email message to newly hired Employees as soon as practicable during the first term of their employment. The message will contain the following language:

In the subject line: “Important information for newly hired GSIs and GSSAs at the University of Michigan”

In the body of the email:  “You are receiving this automated email because you are a newly hired GSI or GSSA. Graduate employees in these job categories at the University of Michigan are represented in collective bargaining by the Graduate Employees’ Organization.

The contract negotiated between the University and GEO requires that all GSIs and GSSAs pay either Union dues or a representation service fee. If you have not already filled out a GEO Union Membership/Representation-Service Fee card, you must do so now. Please contact GEO at 734/995-0221 or umgeo@umich.edu to get pertinent information about GEO, process this paperwork and authorize automatic deduction from your payroll.”

2. Prior to the date of the paycheck for November, March, June and August, the University will send a targeted e-mail message to Employees who have authorized the deduction of Union Dues or Representation-Service Fees. The message will contain the following language:

In the subject line:  “Your GEO dues or fees will be deducted from your next paycheck”

In the body of the email: “This email is a reminder that, consistent with your prior authorization to the Graduate Employees’ Organization (GEO), a payroll deduction for Union dues or a representation-service fee will be made from your next paycheck, at a rate specified by the Union to the University. No action is required on your part. For more information, call GEO at 734/995-0221 or email umgeo@umich.edu.”

On the same schedule outlined above, the University will send a targeted e-mail message to Employees who have not authorized the deduction of Union Dues or Representation-Service Fees. This message will contain the following language:

In the subject line: “You have not yet authorized the required payment of GEO dues or fees”

Section A. Period of Employment and Termination

An Employee shall be employed for (1) a specific period of not less than one term or an equivalent period of time or (2) a special limited purpose. Employment for a “special limited purpose” is employment which covers unanticipated needs that arise during a term or employment under support of a grant or contract which may be for less than one term. In all cases, employment terminates at the end of the specific period or when the special limited purpose is completed or in any case when the Employee fails to meet the following requirements at the University of Michigan:

1.         Terms I and II: In good standing as a student in a graduate degree program and registered for not less than six (6) credit hours each term or, with the written approval of the student’s graduate faculty advisor, not less than five (5) credit hours consisting of not less than two (2) courses relevant to the student’s degree program.

2.         Term III: In good standing as a student in a graduate degree program, but no registration required as a condition of employment.

3.         Detached Study: In good standing as a student in a graduate degree program, but no registration required for any period for which the student has been approved for Detached Study by the Graduate School. Detached Study means study away from the University when no services will be drawn from the University during that period.

In addition, where it is determined that the Employee is not making satisfactory progress towards a degree, or when employment performance is unsatisfactory, including cases involving misconduct, the employment duties may be reduced, and employment fraction and pay may be reduced correspondingly, or employment may be terminated.

In cases of unsatisfactory employment performance, including cases of misconduct, the matter will first be discussed with the Employee prior to any action being taken. If it is determined that the existing situation can be corrected by the Employee and is of such a nature that correction is appropriate, the Employee will be given not less than one calendar week from date of discussion to make the correction. A written summary of such a discussion will be available at the written request of the Employee provided the request is received within twenty-four (24) hours of the discussion. A copy of the summary will be provided to the chairperson of the Union’s Grievance Committee.

Prior to termination or reduction in duties for unsatisfactory performance, including cases of misconduct, the department chairperson (or equivalent level of supervision) will make arrangements for a departmental review of the facts and circumstances leading to the contemplated termination or reduction in duties. This review will include a recommendation to the department chairperson (or equivalent level of supervision) on the question of termination or reduction in duties. The composition of, and number of individuals on the committee making the review and recommendation will be determined by the department chairperson (or equivalent supervision), except that at least one (1) graduate student from the department or unit will be a member of the review committee. The Employee may invite an individual of the Employee’s choice as an observer, provided that no such individual shall be a representative of a labor organization other than the Graduate Employees’ Organization. The Employee will be notified of this right to representation prior to the convening of the department review. The observer will have the right to be present at any meeting with the review committee that includes the Employee. While they are in such a meeting, the Employee and the observer will be allowed to question any other participant also present in the meeting. In addition, the Employee and the observer will have the right to present relevant evidence that would not otherwise be presented to the review committee. A written summary of such a review will be available at the written request of the Employee provided the request is received within twenty-four (24) hours of the meeting with the review committee. A copy of the summary will be provided to the chairperson of the Union Grievance Committee.

In the event that an Employee is terminated for unsatisfactory employment performance, including cases of misconduct, the Employee will be provided with a written summary of the reasons for the termination at the written request of the Employee. A copy of the summary will be provided to the chairperson of the Union’s Grievance Committee.

Section B. Procedures

In cases where an Employee is accused of misconduct, the procedures outlined herein shall facilitate proper treatment of both accused and accuser. If an allegation of misconduct is made, the procedures below will be followed until a determination of guilt or innocence is reached or the allegation is withdrawn. From the time an allegation is made, until a determination is reached, no action shall be taken by the University which presumes the Employee’s guilt.

Section C. Appeals

If misconduct results in a discharge or a reduction of employment fraction and pay during the term of employment, a grievance may be submitted beginning at Step Three of the Grievance and Arbitration Procedures, provided the grievance is submitted in writing within the fifteen (15) calendar day period following notice of the discharge or reduction. In the event of an arbitration, if the arbitrator does not find misconduct, the arbitrator can only make that finding of fact and award pay but not reinstatement. Such pay shall not exceed an amount that the Employee would have earned during the term of employment.

No other matter concerning this article shall be subject to the Grievance and Arbitration Procedure.

Section D. Sexual Harassment

Any claim of Sexual Harassment made against an Employee covered by this Agreement which arises out of his or her employment, even if the claim is registered after the period of employment, shall be covered by the Faculty and Staff Sexual Harassment Policy of the University.

Article IX: Posting, Initial Employment and Re-employment

Section A. Posting

Any University of Michigan student in good standing in a graduate degree program who is eligible for a graduate student instructorship or staff assistantship shall be given the opportunity to apply for all available positions covered by this Agreement. To that end:

1.       In order to ensure that all qualified graduate students are given equal opportunity to apply for anticipated openings, each department that appoints Employees will:

a.       publish information regarding departmental application and selection procedures, on a designated University-wide website.  and;

b.       except as provided in (c) below, distribute job postings as described in section A.4 below, for every available job via an automated information distribution process agreed-upon by the parties and available via the internet. Information regarding the notification system and subscription process will be available on the University-wide website described in A.1.a above. 

c. Job postings need not be distributed under the following circumstances:

(i) the job includes among its explicit qualifications that the Employee be enrolled in the department;

(ii) the job is reserved for a specific student in the department as part of a funding package;

(iii) it would interfere with the need for timely hiring decisions made just before or after the beginning of the teaching term; GEO shall be notified of such situations.

2. Employee selection procedures will be open and free from bias.

3. Applications for available positions will be accepted for a minimum of 14 calendar days from the date of distribution pursuant to Section A.1.b.above.

4.  All postings will include:

1. The course(s) for which applications are being accepted, and a general description of the duties of the position(s) (whether the position(s) involves teaching an independent section of a course, teaching a discussion section, grading assignments, holding office hours), and an estimated FTE for the positions(s).
2. The minimum and desired qualifications for employment and a description of selection and decision-making procedures. This description of qualifications shall include the role, if any, of student evaluations, and past instructional experience. The decision-making procedures shall include the role of applicant preferences for course placement and procedures and criteria for late appointments.
3. The person to whom the application should be submitted; the name(s) of the decision-making agent(s).
4. The estimated date by which all applicants will be notified of a decision.
5. The following nondiscrimination statement: “The University will not discriminate against any applicant for employment because of race, creed, color, religion, national origin, ancestry, marital status, familial status, parental status or pregnancy status, sex, gender identity or expression, sexual orientation, age, height, weight, disability, citizenship status, veteran status, HIV antibody status, political belief, membership in any social or political organization, participation in a grievance or complaint whether formal or informal, or any other factor where the item in question will not interfere with job performance and where the employee is otherwise qualified. The University of Michigan agrees to abide by the protections afforded employees with disabilities as outlined in the rules and regulations which implement Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.” Contact information of the Office of Institutional Equity or ombudsperson will also be listed.
6. The following statement: “Unsuccessful applications will be retained for consideration in the event that there are last minute openings. Upon request, any applicant denied employment will receive, within fourteen (14) calendar days, a written explanation of the reasons for denial of employment. An applicant denied employment may request an in-person interview with the hiring agent(s) to be scheduled at a mutually agreed upon time. In the event an Employee does not receive his or her preferred assignment, he or she can request a written explanation or an in-person interview with the hiring agent(s).”

5. Employment assignments shall be at the discretion of the department or unit. Departments or units will allow applicants to submit, in writing, course placement preferences.
6. No unit shall have a policy that uses tuition costs or cost of benefits as a factor in hiring decisions for GSI or GSSA appointments.

Section B. Notification

1. Hiring units will provide notification of hiring decisions to all applicants as specified by Departments through the designated University-wide website described in section A.1 above.
2. It is understood that posting and notification is dependent on the then known employment opportunities as listed in the University Course Listings and the availability of qualified candidates. A department or unit which may have employment opportunities for additional employees at other times will a) inform all applicants for current term positions of the employment opportunity by email and b) post the revised/new listing (as described in section A.4 above) as soon as the opportunity is known, if feasible. The revised/new posting will indicate approximately when the final hiring decision will be made. Hiring units will provide notification of hiring decisions to all original and new applicants for each position they applied to within 14 days after the selection process has been completed, or will notify applicants when, and by how long, the selection process has been extended. In fulfilling this requirement, notification may be combined for multiple decisions made within the 14 day period.
3. Upon request, the department or unit will inform the applicant of his or her status. Unsuccessful applications will be retained for consideration in the event that there are last-minute openings. Upon request, an applicant denied employment will receive, within fourteen (14) calendar days, a written explanation of the reasons for denial of employment. An applicant denied employment may request an in-person interview with the hiring agent(s) to be scheduled at a mutually agreed upon time.

Section C. Hiring Process

1. Offers may be made or accepted by paper, email, or verbal communication. Non-receipt of the notification described in subsection 2 below is not sufficient grounds for denying employment, if an employment offer has been made and accepted by other means.
2. The hiring unit will provide the Employee with a Union Dues/Representation-Service Fee card, as specified in Article V. Correspondence regarding initial employment, re-employment, or any notification of a change in the terms and conditions of an Employee’s appointment, to the Employee will include written notification specifying:
1. Duration of employment
2. Term of employment
3. Fraction and salary
4. Library privileges
5. Insurance benefits
6. A general description of the duties
7. Name(s) and telephone number(s) for questions regarding insurance benefits and departmental services.
8. That the employment relationship is governed by, and subject to, the provisions of a collective bargaining agreement negotiated by the Graduate Employees’ Organization union and the University through the use of this language: “If you are currently employed as a Graduate Student Instructor or Graduate Student Staff Assistant, your salary, tuition waiver, benefits, working conditions, and other terms of employment are governed by a Union contract negotiated between the University administration and the Graduate Employees’ Organization (GEO). The contract negotiated by the GEO and the University requires that all Employees receiving benefits from this contract pay either Union Dues or a Representation-Service Fee. If you have not already filled out and returned a yellow Union Membership/Representation- Service Fee card, you are responsible for doing so. The cards are available from your department steward, your department office, the Office of Academic Human Resources, or the GEO (734-995-0221). If you choose not to authorize the deduction from your paycheck of Union Dues or Representation-Service Fees, you must remit a check to the GEO, 330 E. Liberty St. Suite 3F, Ann Arbor, MI, 48104, for payment of the amount specified in the chart accompanying the “Graduate Employees’ Organization Union Membership/ Representation-Service Fee Card” or available at www.umgeo.org. If you do not do so, you will not be eligible for reemployment at the University of Michigan. Union members can participate in all levels of Union decision making processes; non-members cannot.”

3. Upon initial employment, departments will inform Employees of assistance in the English language available to them from the University as specified in Article XXI, GSI Training.
4. Within fifteen (15) calendar days of assuming employment duties, the Employee will receive a fraction calculation form that reflects the breakdown of time the Employee should expect to spend on employment duties.
5. Notwithstanding the above provisions, the type of employment may be changed or no employment may be given, after written notification. In such a case the salary, (or other payment in lieu of salary), tuition waiver, and benefits for the specified period shall not be less than that specified in the written job offer.
6. All Employees working at the University of Michigan Biological Station shall be subject to the same terms and conditions of room and board as apply to faculty working at the University of Michigan Biological Station.

Article X: Salaries

Section A. Determination of Monthly Salary

Employees hired or re-employed on or after the execution date of this Agreement shall be paid a monthly salary determined by multiplying the Employee’s employment fraction as provided in Section D by the Employee’s full-time equivalent salary rate and dividing the product by four (4).

The salary for any period of time which is less than an entire employment period shall be determined by:

The department or unit chairperson, or designee, will notify the Union in writing within fourteen (14) calendar days of a significant change in any of the following matters as it relates to the terms and conditions of employment of Employees within a department or unit:

1. Level of funding available to the department or unit for the employment of Employees;
2. FTE’s available to the department or unit for Employees;
3. The work assignments or scope of responsibility for Employees caused by changes in the educational curriculum of the department or unit;
4. Average size of Employees’ employment fractions;
5. Number of Employees;
6. Class size policy.

The chairperson or designee will provide an opportunity for the Union representative to confer with the department or unit chairperson, or designee, on the change and on its implications for the terms and conditions of employment of the affected Employees. If the change and its implications are being considered by a committee of the department or unit, the committee shall be the designee of the department or unit chairperson. The Union shall designate as its representative an Employee in the department or unit, the appropriate steward, or a Union official, and shall notify in writing the designee (as listed in Article XVI) of the provost or the designated representative.

In the event that the above described procedure is not followed, and if the Union representative so requests, then the department or unit chairperson or designee, shall reconsider the decision made regarding the change and follow the above procedure.

Recognizing that the size of classes has an impact on the workload of the Employee, the University and the Union agree that:

A.        At the Union’s request, once during each of Terms I and II, each department chairperson, or designee, shall arrange a meeting with interested Employees in the department and with the Union Representative, designated pursuant to Section B of Article XVI to discuss class size.

B.         Each department employing GSIs will establish a class size policy for classes to which GSIs are assigned. This class size policy will include but need not be limited to the, maximum number of students in each section (recognizing the potential for reduction within sections with regard to programmatic need), and the maximum ratio of students to GSIs. The class size policy will be provided to any Employee upon request.

C.        The department will have available, in writing, the method(s) for handling override authorization forms and person(s) who are authorized signers. No GSI shall be required to accept enrollees in excess of the maximum class or section size. Should a GSI wish to add enrollees beyond the established maximum, there will be no presumption of a change in appointment fraction.

D.        The special conference procedure (as set forth in Article XVII) shall be available to discuss Union concerns about specific departmental class sizes or class size policies as they relate to courses which utilize Employees.

Departments are encouraged to have Employee representation on committees dealing with undergraduate curriculum and/or educational innovation.

Employees may submit written comments concerning course content at any time to their appropriate supervising instructional staff member and/or departmental chairperson. These comments shall be considered the next time the course in question is organized.
Employees are encouraged to prepare written reports evaluating course content, teaching methods, examinations, grading and other matters concerning the course or courses they have taught and submit them to the appropriate supervising instructional staff member and/or appropriate departmental chairperson. Such reports may be required by a department. In addition, written reports by Employees may be prepared on overall curriculum and submitted to the appropriate curriculum committee.

It is understood that nothing herein precludes oral comments on these matters.

Section A. Employee Training

Each department will be required to hold an Employee training/orientation program for all new Employees. The content and length of the program will be determined by the department chairperson or designee with input from the Employees. This program shall be no less than four (4) hours in length, but may be split into multiple sessions held during the semester at the department’s discretion. New Employees appointed to positions not requiring classroom instruction will be provided with a one hour training session specific to their duties to be held at the beginning of the term of employment. Any department in which there are fewer than six new Employees may, at the discretion of the department chairperson or designee, combine their program with that of one or more departments in related fields.

Attendance will not be required for any new Employee who is determined by the department chairperson or designee to already have the skills and experience equivalent to what would be provided in the program. All other new Employees will be required to attend such a program. It is understood that nothing herein precludes the department chairperson or designee from requiring any returning Employees to attend the program. The amount of time commitment to attend such a program by an Employee with a fraction of greater than or equal to .25 shall be reflected in pay at the hourly equivalent of the Employees’ rate*, included in the fraction, or as academic credit for the program. The amount of time commitment to attend such a program by an Employee with a fraction of less than a .25 shall be reflected in pay at the hourly equivalent of the Employee’s rate*, or included in the fraction.

Section B. Communicative Skills Testing and Training

For the purposes of this agreement, “communicative skills” shall be defined as communication in instructional roles in the subject(s) to be taught, both inside and outside of the classroom.

1.         Required Testing and Waiver

Any training or testing of communicative skills required by the department or the University as a qualification of employment must be required of all applicants who have not previously been employed in an instructional capacity by the University. Participation in such training or testing will not be required for any applicant who meets the eligibility requirements for an exemption.  In addition, participation will not be required of those who are determined by the department chairperson or designee, in consultation with appropriate University resources, to already have the skills and experience equivalent to what would be provided in the training or evaluated in the testing. Waiver criteria shall be public and accessible to all applicants.   No exemption to either requirement can be granted on the basis of impermissible factors, as defined by Article IV of this Agreement.  Prospective Employees who are informed that they will be required to take the training will be notified of the waiver criteria in writing.

2.         Testing Procedure

Prospective Employees may take a test of communicative skills in Term I for employment in Term II, or in Term II for employment in Term I before or after participating in communicative skills training.  The testing criteria and rationale will be available to prospective Employees no less than one week before they take the test.

If a prospective Employee passes the test before training, he or she may, but will not be required to, take the training. If a prospective Employee does not pass the test before training, he or she may be required to take the training.  A prospective Employee who is exempt or waived from testing and training may take the training if space is available in the training classes.

Upon completion of training, testing of communicative skills may be required.  Results of such testing may be appealed and re-testing requested by the prospective Employee.  

Employees who desire it may request English language assistance. If a department approves such a request, the assistance will be provided by the University. Upon initial employment, departments will inform Employees of this policy.

*The hourly equivalent of the Employee’s rate will be computed by dividing their Full Time Equivalent (FTE) rate by 2,080 hours.

Article XX TUITION WAIVER

Employees with .237 or greater total employment fraction will pay no tuition.

Employees with a total employment fraction of:

.087 will pay an amount equivalent to 59%

.137 will pay an amount equivalent to 49%

.187 will pay an amount equivalent to 39%

of assessed tuition. Departments or units may, at their discretion, require Employees to pay amounts equivalent to a lower percentage of assessed tuition.

Employees will pay no fees other than Michigan Student Assembly, school and college government, course fees and lab fees, and Registration fee; the amount of the registration fee assessed to the Employee shall be no more than eighty dollars ($80.00).

An employee who is employed, regardless of employment fraction, for less than the term for which the employee is enrolled, is not eligible for a tuition waiver.

ARTICLE XXI: EMPLOYEE RIGHTS

Section A.

Library privileges provided to Employees by the University Library System will be to the same extent, and in the same manner, as those provided to the University’s instructional staff.

Section B.

At the request of an Employee, the Employee will be permitted to review records pertaining exclusively to his or her employment and maintained in a personnel file by a department or unit or by University Human Resources. It is understood that such records include evaluations which relate exclusively to performance as an Employee, but exclude letters of recommendation for employment and records which contain, in whole or in part, information pertaining to performance or progress as a student.

Section C.

Departments will make arrangements for Employees to obtain texts when provided free of charge by the publisher. Any instructional materials required by the department chair or designee for a course being taught by the Employee or required of students taking the course will be provided at no cost to the Employee.

Section D.

An Employee’s department or unit shall make arrangements for the Employee’s access to his or her office, and with the exception of the School of Music, to the building containing that office, consistent with arrangements made for the instructional or research or similarly situated professional staff of that department or unit.

Section E.

Appointing units will provide, without charge, appropriate space, tools, facilities and other resources necessary for the fulfillment of the Employee’s assigned work obligations, included but not limited to:

1. office equipment necessary for duplicating and collating;

2. access to a computer;

3. desk and work surface;

4. mailbox;

5. office supplies;

6. office space if office hours are required

Departments are not required to provide individual photocopiers or computers to Employees or to give them access to main departmental offices after office hours. This article in no way assumes that Employees have unlimited copying rights or unlimited access to supplies. These supplies and services shall be available to the same extent and on the same terms as they are made available to faculty and lecturers for the performance of teaching duties. The special conference procedure (as set forth in Article XV) shall be available to discuss specific concerns related to implementation of this section.

Section F.

An Employee may submit in writing to the appropriate department or unit committee any matter concerning the employment relationship of Employees in that department or unit. If the matter is subsequently placed on the department or unit committee agenda, the Employee initiating the matter and other Employees, including the department or unit steward, if any, may be invited to discuss the matter. If other employees are invited, the Employee initiating the matter must be invited. If any Employee is invited, he or she may invite a department steward or other representative of the Union at his or her discretion.

Section G.

No Employee will be required to act, nor will any Employee act, in a manner which constitutes a health or safety hazard in their employment relationship.

Section H.

The University and the Union shall share the cost of printing three thousand (3,000) copies of this Agreement.  The GEO shall have access to paper copies of the contract necessary for distribution to members. Additional copies will be made available at shared cost to the Union.

Section I.

Except as noted in the paragraph immediately following, an Employee who teaches a discussion, lab or lecture course will be consulted by the chair or designee prior to any change in the final grades that the Employee has assigned. The Employee shall be given reason for the proposed grade changes at this consultation.

If the Employee cannot be contacted after an attempt has been made to do so, written notification of the grade changes will be sent to him or her as soon as possible.

Section J.

No Employee will be required to attend any work-related meeting as a term or duty of their employment unless the Employee is provided reasonable notice of the date, time, and location of such function. An Employee may be required to attend any work-related meeting during a recess of the University only if given reasonable notice in order to make appropriate arrangements.

Section K.

The University will respect the privacy of all Employees, consistent with University Standard Practice Guide 601.11 “Privacy and the Need to Monitor and Access Records.” Records pertaining to Union business will be considered personal in the context of this paragraph, and will be given the same protections and privileges as “Personal Records” in 601.11.

Section A.

Where in effect on the execution date of this Agreement, Employees’ representation on a department or unit committee(s) shall continue.

Section B.

Where rooms or facilities exist such that these rooms or facilities serve as Employee lounges to which all Employees have access, such rooms and facilities shall continue to serve as Employee lounges and Employees shall continue to have access as long as the rooms or facilities continue to exist.

Section C.

Where coffee making facilities exist such that Employees have access to and utilize such facilities, Employees shall continue to have access to these facilities.

Section D.

Departments and units that provide individual Employee mail receptacles on the execution date of this Agreement shall continue to provide such individual receptacles.  

The University and the Union acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the University and the Union, except as provided in Article XXVII, Term of Agreement, each voluntarily and unqualifiedly waives the right, and agrees the other shall not be obliged, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement.

If any provision of this Agreement shall, at any time, be found invalid by operation of any court or board of competent jurisdiction, and from whose judgment no appeal has been taken within the time provided for so doing, or if compliance with or enforcement of any provision should be permanently restrained by any such court, then said provision shall become null and void, and the University and the Union, at the request of either party, shall enter into negotiations for the purpose of arriving at a mutually satisfactory replacement for such provision. In the event any provision of this Agreement becomes null and void in this manner, all other provisions of this Agreement shall continue in full force and effect.

For the purposes of this provision, the word “board” shall not include the Board of Regents of the University of Michigan or any board established by them or their agents

In the event an action is brought before a state court of competent jurisdiction regarding the offering or maintaining of a same sex domestic partner benefit plan (comparable to those offered by the University) to employees of a state or other governmental institution, including but not limited to public colleges, universities or other public school systems, and said court determines that the plan in question violates the Michigan Constitution, specifically Article 1, § 25, either party may exercise the right to reopen negotiations under the Law Savings Clause of the Agreement.

This Agreement between the Graduate Employees’ Organization and The University of Michigan shall be effective on March 25, 2008 up to and including March 1, 2011 when it shall terminate.

This Agreement may extend beyond March 1, 2011 upon written consent of the parties. If either party desires to amend or modify this Agreement, written notice to that effect shall be given to the other party by October 31, 2010. It is understood that following such notice, negotiations will begin by November 12, 2010, unless mutually agreed otherwise.

[Insert CW and RD signatures form original of article 25 here]

MEMORANDA OF UNDERSTANDING

The University has established a Work/Life Resource Center The function of the center is to facilitate informed choice by faculty, staff, and students about family care services available in their communities and in campus communities. The services of this program are available to employees represented by GEO.

The Advisory Committee for this center advises the University about the operational goals for the program, recommends policies and priorities for the program’s activities, evaluates the effectiveness of the program in meeting its stated goal, and assesses ongoing and changing needs for family care and recommends ways to address those concerns. This will include advising the University on, and advocating solutions for, meeting unmet child care needs, especially but not limited to addressing both the availability and the cost of child care. This committee, as long as it exists, shall include one employee member designated by GEO.

The University will provide special handling of any employee who are eligible for summer coverage as described in Article XI “Benefits” but whose confirmation of eligibility was not delivered to the Benefits Office by April 10. Employees so affected should contact the Academic Human Resources Office which will arrange for continued enrollment. If it is too late for such enrollment for those who continue health and dental insurance coverage using COBRA or who pay for other coverage, the University will reimburse the employee for any premiums actually paid up to the amount the University would have paid in premiums for the continuation of regular University coverage provided a premium receipt is submitted to the Benefits Office. For those who decide to pay for health and dental expenses directly, the University also will reimburse the employee up to the amount the University would have paid in premiums for the continuation of regular University coverage, but not to exceed actual expenses provided an original bill is submitted

The University will comply fully with the Family Medical Leave Act (FMLA). The Union and the University agree to include employees’ same-sex domestic partners under the definition of “immediate family member” in connection with all FMLA provisions.

Listed in the Appendix is the LSA Policy for support of international graduate students who participate in the August workshop in English Language Proficiency. For eligible students who do not take advantage of the LSA Policy, the University will provide $35 per day to attendees of the workshop for food and other expenses. Comparable support will be provided to international graduate students who are employed outside LSA, through their respective schools or colleges.

The University is committed to this policy for the term of this Agreement. The provisions and duration of this policy are not a part of the collective bargaining agreement. However, any graduate student who believes he/she has not been properly accorded the provisions of this policy may file a grievance with the Rackham School of Graduate Studies.

For the purposes of this Agreement, the Employee and his or her partner shall be considered to be “same-sex domestic partners” if they are:

unable to enter a legally binding marriage in Michigan because they are considered to be of the same sex; and

are not legally married to another individual; and

are not related to each other by blood in a manner that would bar marriage; and

have registered or declared their Domestic Partnership in the manner authorized by a municipality or other government entity.

For the purposes of beginning coverage of a same-sex domestic partner following the termination of a previously covered domestic partner, at least 90 days must be allowed to pass since the dissolution of a previous domestic partnership in the manner authorized by a municipality or other government entity.

By September 1, 2008 all departments and units will be notified of the requirements of Article IX, including the implementation of a job posting listserve created to facilitate distribution of information about relevant GSI/GSSA openings to those who wish to receive it. Unit administrators will begin using the listserve to disseminate such information (as described in Article IX Section A. ‘Postings’) by no later than January 31, 2009.

Access to the listserve will be available to voluntary subscribers. Procedures for subscribing-to and resigning-from listserve participation will be made available on the University-wide website containing information regarding unit GSI/GSSA posting practices by no later than January 31, 2009.

By September 1, 2005 all departments and units will be notified of the requirements of Article IX, including the University-wide posting website. All departments and units that employ GSIs or GSSAs shall meet the requirements of Article IX, “Posting, Initial Employment, and re-employment,” including use of the University-wide website, no later than January 31, 2006.

The University-wide posting information website will be reviewed each semester and revised or updated as needed, on a timely basis if and when relevant changes are made in the information required by Section A(1) of Article IX.

The GEO will work with the University to ensure that the University-wide website appropriately addresses the needs of Employees and prospective applicants. This will include an effort to distinguish the units and departments that do only internal hiring from those that do external hiring, as well as ensuring that links to specific postings are accurate and appropriate.

VII. MEMORANDUM OF UNDERSTANDING – IMPLEMENTATION OF 2008-2011 COLLECTIVE BARGAINING AGREEMENT

The Parties agree to meet within two (2) weeks of the date of signature of the 2008-2011 collective bargaining agreement to discuss the effective dates and related implementation issues of the new Agreement.

In addition, the Parties agree to the following implementation language with respect to the “fraction chart” set forth in Article X.D.

For appointments beginning prior to September 1, 2008, fractions should be determined by the following scale of time commitments:

For appointments beginning on or after September 1, 2008, employment fractions should be determined by the following scale of time commitments:

VIII. Memorandum of Understanding – Equity and Access GSSA and Article IV

Background:  Under the Equity and Access provisions of Article XV ‘Special Conferences’ of the UM/GEO Agreement, the parties have agreed that the University can appoint a GSSA to complete a specific project or assignment.

Agreement:  Pursuant to this provision, during the fall 2008 semester, the Equity and Access GSSA will undertake the following projects in cooperation with Employees with disabilities and the Office of Institutional Equity:

Develop educational materials for Employees and employing units that (a) describe services and resources available to Employees with disabilities and (b) describe the accommodation process.

Develop a distribution plan for the educational materials developed pursuant to #1 above.

Research and summarize “best practices” with respect to disability accommodation for Employees at the University.

Upon completion of the projects set forth above, the University and GEO will meet in Special Conference, as set forth in Article XVII, to discuss the results of these projects.  In addition to five (5) representatives of each party, representatives from the Office of Institutional Equity and the Office of Services for Students with Disabilities will be invited to attend this Special Conference.   In addition, up to three Employees with disabilities may attend the Special Conference.

IX. MEMORANDUM OF UNDERSTANDING – Other Qualified Adult Criteria

With respect to Article XI. A., the parties wish to confirm their understanding of criteria #6.  Criteria #6 reads as follows:

6.      The Employee has designated as his or her primary beneficiary for at least one of the following:

1. A life insurance contract the Employee holds; or
2. A retirement contract (including IRA, 401(k), 403(b), or pension plan) the Employee holds

The term “primary beneficiary” means the individual or individuals who receive payment first under the life insurance or retirement contract.  A primary beneficiary is contrasted to a “contingent beneficiary,” an individual(s) who received payment only if all primary beneficiaries are deceased at the time payment is made under the contract.

X. Memorandum of Understanding – Competitive Adjustment to Minimum Full-Time Equivalent

The Parties agree competitive support packages are essential to attracting and retaining the best and brightest graduate students.  In light of the current competitive environment nationally, in addition to the adjustments to the minimum full-time equivalent salary rate set forth in Article 10 Section C, the minimum full-time equivalent salary rate shall increase as follows:

Effective September 1, 2008 - $480

Effective September 1, 2009 - $75

Effective September 1, 2010 - $75

This Memorandum of Understanding shall expire on September 2, 2010.

Appendices

A. The Americans With Disabilities Act

The Americans with Disabilities Act (ADA) is a federal civil rights law which prohibits discrimination against qualified individuals with disabilities.  The University of Michigan promotes the full inclusion of individuals with disabilities as part of its commitment to creating a diverse, inclusive community.  Additional information about the ADA can be found at the following sites:

The College of Literature, Science, and the Arts strongly supports the employment of GSIs from diverse educational, linguistic and cultural backgrounds and values their contribution to the College community.  In recognition of the particular challenges of working as a GSI in a different educational system, in potentially new classroom cultures, and perhaps in a different language, the College graduate students from non-English medium undergraduate educational backgrounds who are candidates for GSI positions may be required to attend a training workshop sponsored by LSA and conducted jointly by the English Language Institute (ELI) and the Center for Research on Learning and Teaching (CRLT).  Requirement for attendance at this workshop is determined by whether a student has received an undergraduate degree from a U.S. college or university or an undergraduate degree in which English was the exclusive medium of instruction.  Students who meet one of these two criteria should be exempted from testing or training for English language classroom competency.  The Department Chair can also refer potential GSIs to the Workshop who need additional language and/or acculturation training.  If referred, attendance and satisfactory completion is required as a condition of employment as a GSI.

Prospective employees may take a test of communicative skills in the Fall term for employment in the Winter term or in the Winter term for employment in the following Fall term before or after participating in the communicative skills training.   If the prospective employee passes the test before training, the employee may chose whether or not they would like to participate in the training.  Students who are exempted or waived may take the training on a space-permitting basis.

The workshop provides participants with practice in classroom English and in leading discussion sections and labs.  It provides perspectives on aspects of the U.S. educational system such as grading and office hours and aspects of the culture of the University of Michigan undergraduate classroom.

As part of the training, the College of LS&A also requires that potential GSIs whose undergraduate medium of instruction is not English be evaluated for competence in classroom English. Competence in classroom English includes the ability to understand the English spoken by the undergraduates in their classrooms and the ability to speak comprehensibly in interactions with their students.

Evaluation of this ability occurs via observation during the weeks of the ELI/CRLT workshops. Students who demonstrate adequate control of the salient characteristics of effective communication in English for the classroom during the workshop are approved for regular classroom assignments. Other students are required to demonstrate their competence by taking the Oral English Test conducted by independent evaluators from the ELI.  Those students whose prior education has been English-medium as well as native speakers of any variety of English are not required to take the Oral English Test.

In the event that an international student does not successfully complete the ELI proficiency examination at the end of a workshop, it is incumbent on the department that made admission and support offers to identify alternative support resources that are not GSI positions and that do not require direct contact with undergraduate students.  It is not required that these “backup” support systems offer conditions of support that are identical or comparable in level to that which would come from a regular GSI position, but they must be sufficient to meet INS requirements that the international student be able to demonstrate the existence of financial support during the first year of study.

Such alternative support is contingent on the student’s concurrently fulfilling ELI course requirements identified in the Oral English Test.  This Test is provided at no cost to the student, and the ELI courses are available from the College to enrolled students.

Sec. 202. (1) An employer shall not:

Fail or refuse to hire, or recruit, or discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of religion, race, color, national origin, age, sex, height, weight, or marital status.

Limit, segregate, or classify an employee or applicant for employment in a way which deprives or tends to deprive the employee or applicant of an employment opportunity, or otherwise adversely affects the status of an employee or applicant because religion, race, color, national origin, age, sex, height, weight, or marital status.

Segregate, classify, or otherwise discriminate against a person on the basis of sex with respect to a term, condition, or privilege of employment, including a benefit plan or system.

(2) This section shall not be construed to prohibit the establishment or implementation of a bona fide retirement policy or system which is not a subterfuge to evade the purposes of this section.

(3) This section shall not apply to the employment of an individual by his or her parent, spouse, or child.

Sec. 203. An employment agency shall not fail or refuse to produce, refer, recruit, or place for employment, or otherwise discriminate against, and individual because of religion, race, color, national origin, age, sex, height, weight, or marital status; or classify or refer for employment an individual on the basis of religion, race, color, national origin, age, sex, height, weight, or marital status.

There are bulletin boards designated solely for use by the Graduate Employees’ Organization at the following locations:

College of LSA:

1.         Modern Languages Building: Third floor

2.         East Hall: Outside room 1223, Psychology Grad. Office

3.         LSA Building: Main floor (unavailable during construction, a temporary board is located in the Sociology Dept. in Huron Towers).

4.         Lorch Hall: Tappan Street entrance

5.         West Hall: Near Anthropology Office

6.         Dennison Building:  Main floor

School of Music:   Moore Building: room 2277

Duderstadt Digital Media Commons:    First floor

College of Engineering:   Electrical Engineering & Computer Science Bldg  Atrium