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: