ARTICLE 1
Recognition
GEO shall be the representative of and the bargaining unit shall consist of: Teaching Associates (TO), Teaching Assistants, (TA), Research Assistants (RA), Project Assistants (PA), Assistant Residence Directors (ARD), and Graduate Interns employed by the University of Massachusetts Amherst, and University of Massachusetts Amherst Fellows and Trainees whose duties and responsibilities are substantially similar to those of TOs, TAs, RAs, PAs, ARDs, or Interns, for the purpose of good faith negotiations with the Administration on matters relating to employment policies and practices. The subjects of negotiation shall explicitly exclude matters relating to academic policies. The bargaining unit shall also include graduate student employees of the President's Office working in the above positions at the University of Massachusetts Amherst campus who are employed by the Donahue Institute.
Performing work required to fulfill a degree requirement shall not be reason for exclusion from the provisions of this Agreement. However, excluded from the bargaining unit shall be: University of Massachusetts Amherst interns working off campus and not receiving University paychecks; fellows and trainees who are not required to perform duties for remuneration; graduate students working in the Chancellor's Office or any of the Vice Chancellors' offices; graduate student employees employed by University of Massachusetts Boston, Lowell, Dartmouth, Worcester, and the President's Office (except as stated above); graduate student tutors and other graduate student hourly employees; faculty members; and classified and professional employees. For a graduate student employee performing both work in pursuit of an academic degree and work for compensation, that work performed solely in pursuit of an academic degree shall not be covered by the terms of this Agreement, while any work performed for compensation shall be covered by the terms of this Agreement.
The Administration will report to GEO within thirty days any new job classifications to which graduate students are appointed and will determine if the job classification will be included under this Agreement. If there is disagreement between GEO and the Administration concerning the inclusion or exclusion, then the two parties shall meet to negotiate.
The Administration will not make any agreement with any group for the purpose of undermining GEO.
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ARTICLE 2
Definitions
"Department" - academic or non-academic department or other analogous unit that employs graduate student employees
"Department Chair" - department head or chair or designee
"Graduate Student Employee" - those TAs, TOs, RAs, PAs, ARDs, Interns, Fellows, and Trainees represented by GEO as defined in Article 1, Recognition
"Administration" - department heads and chairs, deans, division heads, vice chancellors, chancellor, and designees of such officials at the University of Massachusetts at Amherst
"GEO" - GEO is defined as and recognized to be the Graduate Employee Organization unit of the UAW and its Local 2322.
"Union" - Local 2322 and/or UAW.
“Local” – Local 2322 of the UAW.
“International Union” – United Automobile, Aerospace and Agricultural Implement Workers of America .
"Teaching Associate" - a graduate student employed on a salaried basis responsible for the teaching and grading of a course. A TO may have additional, related duties as assigned.
"Teaching Assistant" - a graduate student employed on a salaried basis with one or more of the following responsibilities in courses for which he or she does not have primary responsibility: (1) coordinate, lead, or assist in the instructional process in preparation and direct interaction with students in lab, discussion, quiz, or problem sessions; (2) meet with students and teach during office hours; (3) grade papers; (4) grade and proctor exams; (5) supervise undergraduate interns; (6) counsel students; (7) administer colloquium programs. A TA may have additional, related duties as assigned.
"Research Assistant" - a graduate student employed on a salaried basis to perform work related to academic research, including but not limited to, the gathering and analysis of data, the development of theoretical analyses and models, the production or publication of scholarly journals and research reports, which is primarily for his or her own research, and is secondarily for the benefit of the University, faculty or academic staff supervisor, or a granting agency.
"Project Assistant" - a graduate student employed on a salaried basis to perform work related to academic research, including but not limited to the gathering and analysis of data, the development of theoretical analyses and models, the production or publication of scholarly journals and research reports, which is primarily for the benefit of the University, faculty or academic staff supervisor, or a granting agency, and is secondarily for the graduate student employee's own research.
"Intern" - a graduate student employed on a salaried basis, in academic, research, service, or administrative support, to perform work which is specifically designed to support or enrich his or her academic experience, and/or provide practical experience which directly augments his or her classroom studies.
"Fellow” – a graduate student who is receiving an award made to assist the student in the pursuit of his or her studies or research, usually with no requirement for service or performance.
“Trainee” – a graduate student who is receiving an award made to assist the student in the pursuit of his or her studies or research, sometimes with and sometimes without the requirement of service or performance, but usually limited to a specific discipline by the granting agency.
"Assistant Residence Director" - a graduate student employed on a salaried basis whose responsibilities are as described in the appended current job description (or subsequent amendments) and who is required, as a condition of employment as an ARD, to be a graduate student and to reside in University-assigned housing. Notwithstanding anything to the contrary elsewhere in this Agreement, a full-time ARD shall be defined as thirty hours per week in addition to emergency on-call duty.
“Full-time” – twenty hours per week, thirty-eight weeks per year, except as defined elsewhere for Assistant Residence Directors
“Waiver” – relief from any obligation to pay
“Exemption” – transfer of the obligation to pay from the individual graduate student employee
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ARTICLE 3
GEO Security
Dues or Agency Fee
A. All graduate student employees covered by this Agreement shall be eligible for membership in GEO. Such membership shall require the payment of dues as determined by the Union . Beginning thirty days following the commencement of his or her appointment, each graduate student employee who elects not to join or maintain membership in the Union shall be required to pay an agency fee to the Union as a condition of employment (pursuant to the Rules and Regulations of the Massachusetts Labor Relations Commission, Section 17.05). The Local shall have the exclusive right to the checkoff and transmittal of Union dues and agency fees on behalf of each graduate student employee.
Initiation Fee
B. A graduate student employee may consent in writing to the authorization of the deduction of the one-time initiation fee and Union dues, or of agency fees, from his or her pay and to the designation of the Local as the recipient thereof. Such consent shall be in a form acceptable to the Administration and shall bear the signature of the graduate student employee.
Payroll Deduction
C. The Administration shall deduct initiation fees, dues, or agency fees from the pay of graduate student employees who have indicated on a signed form that they request such a deduction in accordance with this Article and transmit such funds in accordance with University policy to the treasurer of the Local within thirty calendar days after the last day of the month in which the deduction is made, together with a list of graduate student employees whose dues and agency fees are transmitted and those who have added or withdrawn their dues or agency fee deduction authorization, provided that the Administration is satisfied by such evidence as it may require that the treasurer of the Local has given a bond, in a form approved by the Administration, for the faithful performance of his or her duties in a sum and with such surety or securities as are satisfactory to the Administration.
D. It is specifically agreed that the Administration assumes no obligation, financial or otherwise, arising out of the provisions of this Article and the Union agrees that it will indemnify and hold the Administration harmless from any and all claims, demands, liability, costs, or damages arising from or related to this Article.
E. The treasurer of the Local shall submit and certify to the Administration each year the annual dues and agency fees payable to the Union .
F. Dues and agency fee deductions and the one-time initiation fee will ordinarily commence within twenty-one (21) calendar days after receipt by Human Resources of the Authorization of Payroll Deduction form. In the event of an administrative error in the authorized deduction of the Union dues or agency fees from a graduate student employee's wages, the parties shall meet to attempt to correct the error in an expeditious manner.
G. A graduate student employee who has not previously authorized payment of Union dues or agency fees through payroll deduction may subsequently authorize Union dues or agency fee deduction by submitting an authorization form to the Payroll Office. Such authorization shall be in a form acceptable to the Administration and shall bear the signature of the graduate student employee. A graduate student employee may withdraw his or her Union dues or agency fee deduction authorization by submitting a form, acceptable to the Administration and which bears the signature of the graduate student employee, to the Payroll Office at least sixty days in advance of the effective date.
H. GEO shall be afforded the opportunity to distribute dues and agency fee deduction forms at the orientation sessions described in Article 12.
Assistantship Contract Statement
I. All graduate student employee appointment forms will include the following statement: “All graduate student employees who are appointed as TAs, TOs, RAs, PAs, ARDs, Interns, and Working Fellows, except those working in the Chancellor's Office or any of the Vice Chancellors' offices, are covered by a collective bargaining agreement between International Union, UAW, GEO, Local 2322 and the University which determines graduate student employees' working conditions and benefits. This agreement requires that all such TAs, TOs, RAs, PAs, ARDs, Interns, and Working Fellows must either join the Union and pay dues, or pay a service fee as a condition of employment (pursuant to the Rules and Regulations of the Massachusetts Labor Relations Commission, Section 17.05).”
Penalty for Non-Payment of Service Fee
J. Any graduate student employee failing to pay the agency fee required by this Article shall be suspended from employment without pay for a period of two weeks when classes are not in session for the non-payment of dues or agency fee. No graduate student employee, however, shall be suspended for more than one week per semester under the provisions of this Article. Such sanction shall not occur unless the provisions of Sections 17.05 and 17.16 of the Rules and Regulations of the Massachusetts Labor Relations Commission with respect to such sanctions have first been complied with. No sanction shall occur if the employee has paid all agency fee arrearages. Furthermore, if after the suspension of the employee in the first semester, the employee has paid all agency fee arrearages, the employee shall not be suspended for the second week. Suspensions for non-payment of dues or agency fee may occur in a semester subsequent to that for which the bargaining unit member has failed to pay dues or agency fee. The Union shall intervene in and defend any administrative or court litigation concerning the propriety of such suspension for failure to pay the agency fee. In such litigation, the Employer/University Administration shall have no obligation to defend the suspension.
Arbitration
K. In the event that any dispute concerning this Article is submitted to arbitration, the arbitrator shall have no power or authority to order the Administration to pay any agency fee on behalf of any graduate student employee. If the arbitrator decides that the bargaining unit employee has failed to pay or authorize the payment of the agency fee in accordance with this article, the only remedy shall be the suspension of the bargaining unit employee for two weeks without gross pay and the payment by the University of an amount equal to the two weeks' pay into a campus student scholarship fund. Awards from said fund shall be made in accordance with student financial aid guidelines and shall be based on the recommendation of a committee composed of one student, one administrative official, and one bargaining unit member, to be appointed by their respective constituencies.
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ARTICLE 4
Time Off For GEO Business
(a) The Administration shall during each academic year of the Agreement provide released time for the Grievance Chair, and three other graduate student employees of GEO's choosing, for a total of four headcount graduate student employees at the average TA stipend, calculated as of the first day of the fall semester of the respective academic years, for the purpose of administering this Agreement. One of these appointments shall be for twenty hours per week and thirty-eight weeks per year each, and three, including the Grievance Chair, shall be for twenty hours per week and fifty-two weeks per year each. The graduate student employees appointed to these positions shall receive tuition and fee waivers in accordance with this Agreement.
The Administration shall during each semester and summer session in which bargaining occurs provide release time for four graduate student employees of GEO's choosing, at the average TA stipend, calculated as of the first day of the semester in which they are appointed (or, in the case of summer session, as of the first day of the preceding spring semester), for the purpose of negotiating the collective bargaining agreement between GEO and the University of Massachusetts Amherst. All of these appointments shall be for ten hours per week, and last the duration of the semester or summer session. The graduate student employees appointed in these positions shall receive tuition and fee waivers and exemptions in accordance with this Agreement.
These graduate student employees shall be appointed in the Provost's Office and supervised by GEO. GEO shall provide the Administration with a list of these graduate student employees at least thirty days prior to the start of the semester. The time in which a graduate student employee serves in one of these positions shall not be included in any limit imposed by an academic department on the number of semesters of employment a graduate student may have; however, nothing in this provision shall be construed to restrict an academic department's right, based on that department's graduate academic program, to impose limits on the point in graduate students' academic careers beyond which students may not be funded by the department.
(b) If a graduate student employee takes a job with GEO or the Union, the time in which a graduate student employee serves in a position with GEO or the Union shall not be included in any limit imposed by an academic department on the number of semesters of employment a graduate student may have; however, nothing in this provision shall be construed to restrict an academic department's right, based on that department's graduate academic program, to impose limits on the point in graduate students' academic careers beyond which students may not be funded by the department. This time off language will apply to TAs, TOs, Interns, Fellows, Trainees, and PAs. This time off for GEO business will apply for RAs, pending agreement with the RA's Principal Investigator, and to ARDs, pending agreement with the ARD's supervisor.
If a graduate student employee takes a job with GEO or the Union , the graduate student employee may apply to his or her graduate program director for an extension of the statute of limitations of up to three years. The graduate program director's decision may be appealed by the graduate student employee to the Graduate Dean. Neither the graduate program director nor the Graduate Dean shall make decisions for arbitrary or capricious reasons.
(c) Released time without loss of wages, benefits and other privileges may be granted to bargaining unit members for attendance at: hearings, before the Legislature and State agencies; Union conferences, conventions, and trainings. Such released time shall amount to no more than 25 days per calendar year in the aggregate for use by members of the bargaining unit. Such days may be banked from one year to the next.
Such released time will require prior approval of the supervisor. Requests for such released time shall not be unreasonably denied. Upon request of the supervisor, an employee may be required to make up the missed work.
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ARTICLE 5
Access to Campus
GEO/Local 2322/UAW staff representatives and officers will be permitted access to employees' workspaces for the performance of official Union business, provided that there is no disruption of University operations and no interference with the assignment and direction of employees, nor with the discharge of any employee's duties and responsibilities.
Requests for access by staff representatives, who are not also graduate students, will be made in advance and will not be unreasonably denied.
GEO/Local 2322/UAW will furnish the University with a list of staff representatives and officers.
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ARTICLE 6
Office Space
The University will provide an on campus office for GEO, including normal maintenance. The University will use its best efforts to make sure the space is acceptable to GEO. This article will not interfere with the allocation of any space currently occupied by GEO.
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ARTICLE 7
Campus Mail
GEO will have use of campus mail and electronic mail for official GEO business. Customary campus charges for electronic mail equipment and services will be paid by GEO.
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ARTICLE 8
Access to Space Usage
GEO will have access to space subject to usual and established fees, availability, and normal scheduling procedures.
The Administration will provide thirty one-day parking passes to GEO, at no cost to GEO. GEO shall be eligible to apply, in accordance with campus parking regulations, for four parking spaces in the Campus Center basement.
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ARTICLE 9
Access to Information
In accordance with applicable state and federal statutes, and upon GEO's written request, and provided the release of such information requested does not violate any applicable law and regulations, GEO shall have access to all information necessary to bargain knowledgeably and to administer this Agreement including, but not limited to: (1) Directory information, unless withheld at the individual's request, on all graduate students, which shall be a listing of the student's name, academic department, entrance date, e-mail address, home address, and phone number, and for graduate students with appointments as TA's, TO's or ARD's, the work department, office address, and employment category; (2) Additional information for all graduate student employees who have signed FERPA waivers which shall be a listing of a unique identifier assigned by the Assistantship Office which shall be used to identify said graduate student employee for the duration of his/her graduate student employment at the University, name, waiver type, employment category, work department, number of hours contracted for, stipend, and length of contract; (3) Official statistics, information, records, budget data and financial data necessary for negotiations and/or the implementation of this Agreement; (4) Trustee and Administrative documents, policies, practices, and procedures that impact graduate student employment; (5) Information on benefit plans, costs, and cost projections; (6) Aggregate data regarding the diversity of graduate student employees in the Division of Continuing Education.
The information in sections (1) and (2) above shall be provided within thirty days of the beginning of each semester, and within seven days of the beginning of each summer and winter session, and updated weekly for an additional thirty days each semester. GEO will be furnished with readily available data in section (3) above within fourteen days of receipt of the written request. If the data needs to be generated, then GEO will be notified in three working days or as soon as possible with an estimate of how long it will take to generate said data.
The University will include a voluntary waiver of FERPA rights on graduate student employee employment contract forms (GFAF forms).
Until state and federal statutes permit the University to release to GEO all of the employment related information to which GEO is entitled under this Agreement, the University agrees to mail or email periodic notices prepared by GEO for its bargaining unit members in a timely manner. Cost of said mailings shall be at GEO's expense. Should FERPA and its interpretation by the U.S Department of Education or the appropriate courts permit the disclosure of more employment-related information for all graduate student employees during the duration of this Agreement, the University will meet with GEO to negotiate appropriate changes.
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ARTICLE 10
Bulletin Boards
GEO shall be afforded space for official union business on a bulletin board in each department that has one and shall have access to other bulletin boards for official union business, subject to established University regulations.
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ARTICLE 11
Consultation
Representatives of the University Administration shall meet with GEO representatives at mutually agreed upon times to discuss matters of concern. Such meetings shall not be for the purpose of discussing particular grievance cases or for the purpose of formally conducting negotiations on any subject. The party requesting the meeting shall submit a written agenda in advance of the meeting. Such meetings shall take place at least once a month, and other consultations may occur by mutual agreement, as needed.
Nothing contained herein shall prevent the aforementioned from meeting less frequently, upon mutual agreement.
The Administration agrees to pay for up to four mailings and to deliver two electronic mail messages to graduate student employees each year for communication that is mutually agreed upon as necessary.
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ARTICLE 12
GEO Orientation
By July 15 of each year the University agrees to mail to graduate students who have accepted the University's offer of admission GEO orientation materials prepared by GEO and submitted to the Provost's Office at least one (1) week in advance. GEO will reimburse the University for the cost of such mailing.
Upon request of GEO, the Administration will provide GEO with copies of this Agreement; and GEO will pay the Administration's cost of copying.
Official GEO representatives shall be given at least five minutes to speak and space for materials at the one-day orientation program conducted in the fall by the Center for Teaching. Official GEO representatives shall also be given at least five minutes to speak and distribute materials at departmental academic orientation sessions or similar sessions dealing with graduate student employee training for those departments that choose to hold such sessions, and, at Division of Continuing Education orientation sessions, if such sessions are held.
The Administration will notify GEO of the date, time, and location of all campus-wide orientations for graduate student employees, in writing by August 1 st or as soon as the campus-wide orientation sessions are scheduled, whichever is later. The Administration will also notify GEO of any known departmental orientation sessions as described above, in writing, by August 15 th or as soon as the Administration becomes aware of the sessions, whichever is later. The Administration will post the GEO Agreement on the Internet and will make paper copies available at the one-day orientation program conducted in the fall by the Center for Teaching and at departmental orientation sessions as described above.
The University will conduct a graduate student employee orientation program, which will be mandatory for all new graduate student employees. The program will be offered during the first two weeks of fall and spring semesters and, at the discretion of the University, at other times during the academic year. GEO representatives will be given time to speak and to distribute dues and agency fee payroll deduction forms at all sessions of this program. The program will be designed to provide and collect information necessary to process graduate student employee appointments for payroll, including but not limited to intellectual property policy descriptions and participation agreements. A comprehensive check-list of all paperwork that must be filled out in order for graduate student employees to get paid will be highlighted at each session.
All TAs and TOs who are scheduled to teach for the first time at the University of Massachusetts Amherst shall attend the one-day orientation program conducted in the fall by the Center for Teaching. Graduate student employees whose departments conduct training or orientation programs comparable to that of the Center shall, at the department head's option, attend the departmental program in addition to or in lieu of the Center's; except that any such graduate student employee may, upon request by the graduate student employee and approval by the Director of the Center for Teaching, attend the Center for Teaching program in addition to the departmental program.
All departments that develop or have developed written training plans shall provide a copy to the Center for Teaching (for teaching appointments) and to the Provost's Office (for all appointments). The Provost's Office shall forward these plans to GEO.
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ARTICLE 13
Management Rights
The Administration retains and reserves to itself all rights, powers, privileges, duties, responsibilities, and authority conferred upon and invested in it by law whether exercised or not, including but not limited to the right to operate, manage, control, organize and maintain the University and in all respects carry out the ordinary and customary functions of management and to adopt policies, rules, regulations, and practices in furtherance thereof.
Except as modified by this agreement all rights, powers, privileges, duties, responsibilities, and authority are retained by the Administration.
The judgment of an arbitrator shall not be substituted for that of the Administration with regard to any complaint or grievance based upon a challenge of a management right, subject to the provisions of this Agreement and to limitations as may be imposed by state or federal statute from time to time. Notwithstanding any other provision of this Agreement, an arbitrator shall have no authority to exercise any non-delegable authority of the Board of Trustees of the University of Massachusetts or the Administration.
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ARTICLE 14
No Strike/No Lockout
Neither GEO nor any GEO member will call, assist, encourage, condone, or participate in any actions which would constitute an abridgment or violation of the terms of any individual employment contract between a graduate student employee and the University, or a withholding of services, in whole or in part, by any graduate student employee of the University. If any GEO member engages in such activity which has not been called, assisted, or encouraged by GEO, the Administration shall notify GEO at least forty-eight hours prior to taking any action against GEO, to provide GEO with an opportunity to correct the situation. This shall not be construed, however, to preclude appropriate disciplinary action against the GEO member involved.
The University Administration agrees not to engage in the lock-out of graduate student employees.
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ARTICLE 15
Non-Discrimination
The University shall not discriminate with respect to appointment, reappointment, or terms of appointment of graduate student employees, or other matters covered by this agreement on the basis of race, native language or dialect, gender, color, religion, marital status, pregnancy, parental status, national origin, age, sexual orientation, disability, political affiliation or belief, veteran status, citizenship, HIV status, or GEO affiliation and/or activities. The University shall not discriminate with respect to appointment, reappointment, or terms of employment unrelated to stipends, on the basis of economically disadvantaged status.
No graduate student employee shall be denied appointment based on academic school of thought, provided, however, that nothing in this Article shall be deemed to supercede the right of the graduate student employee's supervisor to determine what is taught by graduate student employees and how that teaching is to be carried out.
GEO shall represent equally all eligible persons without regard to race, native language or dialect, gender, color, religion, marital status, pregnancy, parental status, national origin, age, sexual orientation, disability, political affiliation or belief, veteran status, citizenship, or HIV status.
GEO shall represent all eligible persons without regard to membership.
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ARTICLE 16
Language Testing
1) All speakers have accents and dialects. The presence of an accent or dialect may make a person vulnerable to stereotypical judgments, prejudices, and sometimes discrimination because some accents or dialects are deemed more acceptable than others. It is the position of the University that graduate student employees who speak with an accent or dialect shall not be discriminated against on the basis of speech differences. International students as well as domestic students will vary in intelligibility due to the influence of regional, social, and national speech patterns. It is important to determine whether the accent or dialect affects the person's ability to communicate effectively within the environment in which he or she lives and works. Therefore, some TAs will need assistance to enhance their English intelligibility level in order to teach in American classrooms. The intent of spoken English enhancement is not to suppress the linguistic culture or jeopardize the richness of the native dialect, but to facilitate classroom interaction and instruction. The University will also encourage an understanding of linguistic differences among the campus community at large.
2) International graduate students will be notified at the time of application that, if appointed as TAs or TOs, they will be required to take a test of spoken English and that their options for such testing include taking the Test of Spoken English administered by the Educational Testing Service prior to their arrival on campus and at the expense of the individual graduate student, or taking a similar standardized test on campus at no cost to the student. Information about the on-campus test will be provided in writing in advance. The on-campus test will be administered at the Center for Teaching. International students shall be advised that, because they will not be eligible to teach in the summer or winter session in the Division of Continuing Education until they have demonstrated proficiency in spoken English, they should complete all testing requirements prior to or immediately after arrival on campus. An individual's test results will be used solely for employment purposes. All on-campus testing and subsequent language training will be supervised by appropriately credentialed professionals, and any use of the on-campus test for research purposes will be in accordance with the University's policy on human subjects research. Students will be informed of their right to refuse to have their test results used for research purposes; in order to insure informed consent, consent forms will be provided in several languages.
3) A TA or TO who has been appointed and is required by the University to participate in language training as a condition of that appointment may do so within the hours of his or her appointment, provided that such training is scheduled so as not to interfere with any other scheduled responsibilities of the TA or TO. The provisions of this paragraph shall not apply to graduate student employees teaching in the Division of Continuing Education during any summer or winter session.
4) There shall be a committee, with three members appointed by GEO and three appointed by the Administration, which shall review the 1998-2004 experience with the new testing procedure and issue a report as soon as possible after the end of the semester. Neither the activities nor any recommendations of the committee shall be subject to Article 31, Grievance Procedure.
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ARTICLE 17
Affirmative Action
The Union and the Employer/University Administration agree that when the effects of employment practices, regardless of their intent, discriminate against any group of people on the basis of race, religion, creed, color, national origin, sex, veteran status, sexual orientation, or mental or physical handicap, specific positive and aggressive measures must be taken to redress the effects of past discrimination, to eliminate present and future discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, and rate of compensation. Therefore, the parties acknowledge the need for positive and aggressive affirmative action and are committed to a diverse workforce.
Grievances filed with respect to this article may proceed only to Level Two and shall not be subject to Level Three, Arbitration.
There shall be a committee, with three members appointed by the Administration, three by GEO, and undergraduate student representatives, which shall make recommendations to the Administration about ways in which to educate undergraduate students about diversity on campus, particularly as it relates to the diversity of TAs and TOs and related issues of harassment. The activities and recommendations of this committee shall not be subject to Article 31, Grievance Procedure.
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ARTICLE 18
Sexual Harassment
The University of Massachusetts at Amherst is committed to providing graduate student employees with an environment where they may pursue their jobs without being sexually harassed. In this spirit, a statement of commitment to this principle will be distributed in all departments and work areas.
In addition, the University will once a year schedule an awareness program for graduate student employees and their supervisors, regarding the problem of sexual harassment. This paragraph is not grievable under Article 31, Grievance Procedure.
Sexual harassment is a violation of Title VII of the 1964 Civil Rights Act. For the purposes of this Agreement, it is defined as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, humiliating, or sexually offensive working environment.
For the purposes of this Agreement, verbal conduct is defined as any form of communication, whether written, signed, spoken, or depicted in images.
Sexual harassment may include but is not limited to unwelcome kissing, patting, touching, fondling, sexual remarks, or the display of sexually offensive or degrading posters, pictures, cartoons, or other images.
At the option of the grievant, a grievance filed with respect to this article may also be considered in accordance with the 2001 University Sexual Harassment procedures ( www.umass.edu/eod/sexual.html ) (Appendix C). In determining whether an alleged incident constitutes sexual harassment, those entrusted with administering this policy will look at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of a suitable penalty will be made from a finding of fact on a case-by-case basis and from any record of previous sexual harassment by the respondent.
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ARTICLE 19
Harassment
The Affirmative Action and Non-Discrimination Policy of the University of Massachusetts Amherst ( www.umass.edu/eod/aapolicy.html ) prohibits the harassment of students and employees, i.e. racial harassment, sexual harassment, and retaliation for filing complaints of discrimination. Graduate student employees shall be fully covered by this policy, as well as protected from harassment for union activities. The parties agree that should the University seek to change its policy, the parties will reopen negotiations for the purpose of negotiating a harassment policy for graduate student employees.
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ARTICLE 20
Job Descriptions
Each graduate student employee shall receive, with his or her appointment form, a job description, developed by the department head, which shall include the number of hours of work required, a summary of the duties and responsibilities of the position, the duration of the appointment, and a list of any required meetings and training programs. After specific course assignments are made, each graduate student employee shall, if appropriate, receive a more detailed description of the duties and responsibilities of the position in a reasonable amount of time, but no more than two weeks from the time such assignments are made. The form and content of position descriptions shall not be subject to Article 31, Grievance Procedure.
Graduate student employees in the Division of Continuing Education shall be informed of the number of matriculated University of Massachusetts Amherst undergraduates in each course they are scheduled to teach.
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ARTICLE 21
Professional Rights
Graduate student employees shall have reasonable latitude to exercise their professional judgment within their area of expertise in deciding how best to accomplish their assignments within the scope of the directions given by the individual's supervisor as well as fiscal and time constraints.
In addition, graduate student employees shall receive appropriate acknowledgment of their projects or contributions to projects in such instances in which acknowledgment is customarily and publicly given by the University.
Within the provisions of applicable laws and University policies and subject to paragraph one above, graduate student employees are entitled to freely express in their work environment their political beliefs and/or affiliations. However, they should be careful not to introduce matter unrelated to their subject persistently into their teaching. Nothing in this Article should be understood to abridge whatever rights of academic freedom the Trustees may allow to graduate student employees.
The University shall compile and provide to GEO an annual report on the use of undergraduate teaching assistants. The first such report shall cover the 2000-01 academic year and shall be issued within six months of the signing of this Agreement.
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ARTICLE 22
Workload
Assignments to graduate student employees will be such that they can be reasonably expected to discharge them within the number of hours specified in the individual's contract. No graduate student employee will be instructed to work more hours than his or her contract stipulates.
Significant changes in features of a graduate student employee's workload (such as class size, number of sections or courses taught, or number of students advised) shall be structured in such a way as not to increase the graduate student employee's expenditure of time beyond the number of hours specified in the graduate student employee's contract (e.g., switching from essay to multiple choice, adding graders) and shall be discussed by the department chair with the graduate student employee involved. Department-wide changes shall be discussed with all affected graduate student employees.
Furthermore, a Teaching Associate must be paid for no less than ten hours per week per three-credit course.
For courses or sections taught by graduate student employees, graduate student employees shall report any overenrollment, including requests, to the department head. The department head shall prepare an annual report which includes such data and which the administration shall make available to GEO. The University shall collect data on overenrollment attempts during registration and make such data available to GEO by the end of the semester. GEO and the University shall meet to discuss any implications of these data.
If a department wishes to increase the enrollment cap in a course taught by a graduate student employee, the department head shall consult with affected graduate student employees in a manner deemed appropriate by the department head.
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ARTICLE 23
Appointment and Reappointment
1. Application . The provisions of this article shall apply to appointment and reappointment of TAs, TOs, RAs, PAs, ARDs, Fellows, Trainees, and Interns and to those currently enrolled graduate students who have been TAs, TOs, RAs, PA, ARDs, Interns, Trainees, and Fellows with a lapse in such funding of twelve months or less. They shall not apply to graduate students who have never been TAs, TOs, RAs, PAs, ARDs, Interns, Trainees and Fellows or to those with a lapse in such funding of longer than twelve months.
2. Grievability . The content of the procedures and criteria developed by each department under the terms of Article 23 shall not be subject to Article 31, Grievance Procedure. No grievance concerning the provisions of this article shall result in the substitution of any person's or persons' judgment for that of the department chair.
3. Development of Departmental Appointment and Reappointment Procedures .
A. Each department shall have a written appointment and reappointment procedure for each job classification (TAs and TOs, PAs, RAs, Fellows and Trainees, and ARDs and Interns) for:
(a) requests by graduate students for funding;
(b) deciding who will receive funding;
(c) notifying people that they will receive funding;
(d) posting of job possibilities available to graduate;
students both from inside and outside the department;
(e) assignment of TAs and TOs to courses;
(f) notice of assignment.
Copies of all departmental appointment and reappointment procedures shall be provided to GEO and available on the University's website by January 1, 2002. No later than January 1, 2003, all departmental appointment and reappointment procedures shall include procedures for appointment and reappointment in the Division of Continuing Education.
B. In departments where this procedure exists, is written down, and meets the minimum requirements in Article 23, the department chair shall distribute it to graduate students within thirty days of the signing of this Agreement, and upon written request of 25% or more of the department's graduate student employees in the affected job classification, made within thirty days after distribution, shall re-examine the written Appointment and Reappointment Procedure and shall, if the request for re-examination so proposes, meet with the department's graduate students (or graduate student employees in departments with no graduate students or in non-academic departments).
C. In departments where this procedure is established and meets the minimum requirements in Article 23, it shall be written down and distributed to graduate students (or graduate student employees in departments with no graduate students or in non-academic departments) within thirty days of the signing of this Agreement, and the department chair, upon request of 25% or more of the graduate student employees in the affected job classification made within thirty days after distribution, shall re-examine the written Appointment or Reappointment Procedure and shall, if the request for re-examination so proposes, meet with the department's graduate students (or graduate student employees in departments with no graduate students or in non-academic departments) to discuss the matter.
D. In departments where the procedure does not exist or where the procedure does not meet the minimum requirements in Article 23, the department chair, upon written request of 25% or more of the graduate student employees in the affected job classification made within thirty days after the signing of this Agreement, shall meet with the department's graduate students to discuss the matter. The department chair shall develop such a procedure and distribute it to graduate students within ninety days of the signing of this Agreement. The department chair, upon written request of 25% or more of the department's graduate student employees within the affected job classification made within thirty days after distribution, shall re-examine the written Appointment or Reappointment Procedure and shall, if the request for re-examination so proposes, meet with the department's graduate students to discuss the matter.
E. All written procedures shall be completed and distributed within six months of the signing of this Agreement. All departments shall send copies of their written appointment and reappointment procedures to the GEO Office and the Chancellor's Office.
F. In developing or revising any Appointment and Reappointment Procedure as described above, the department head shall establish a mechanism for soliciting graduate student advice, such as a committee which includes some graduate students or distribution of a draft for written comments from graduate students.
4. Requirements for TAs and TOs .
A. Appointment and Reappointment Criteria
(a) Each department that appoints TAs and TOs shall base appointments and reappointments on written criteria for selection. These criteria should address such issues as:
(i) who is eligible for appointment and reappointment and how applicants are ranked (e.g., Master's vs. Doctoral students, initial year vs. continuing students);
(ii) what weight is given to previous experience in teaching (in the department or in other departments or institutions);
(iii) for continuing appointments, what evaluative factors are used (e.g. if previous TA or TO performance is deemed relevant, how is it to be evaluated; are academic records considered).
The above are meant to be exemplary rather than mandatory. The intent is that candidates shall be given clear information concerning the framework in which their applications are being considered.
No later than January 1, 2003, all departmental appointment and reappointment criteria shall include criteria for appointment and reappointment in the Division of Continuing Education.
(b) Funding decisions shall be made by the department chair and shall not be made for arbitrary or capricious reasons. In making such decisions, the department chair may but is not required to establish a mechanism for soliciting graduate student input.
B. Assignments
(a) After deciding who will receive funding and prior to making any formal assignments to currently enrolled graduate students, the department chair will advise all funded graduate students (as per Article 23) in the department of which courses are expected to be staffed with graduate student employees. The department chair will provide an opportunity for the graduate students to express their preference(s) for assignments. After receiving these indications of preference from students the department chair will make assignments which take into account:
(i) academic performance;
(ii) graduate students' preferences;
(iii) the needs of the department;
(iv) the previous experience and qualifications of the graduate students; and
(v) faculty and student schedules.
(b) Posting for Assignments Available Only to Graduate Students in the Employing Department
(i) Prior to Course Assignments for the Following Semester:
The department chair shall notify all graduate students in the department of the courses which are expected to be staffed with graduate student employees the following semester by posting the courses in a space easily accessible to graduate students, and putting notices in students' departmental mailboxes.
(ii) After Course Assignments for the Semester:
The department chair shall notify all graduate students in the department of any course(s) that become available for staffing by graduate student employees after TAs and TOs have been assigned for the semester by posting the course(s) in a space easily accessible to graduate students, if timing allows.
(c) Posting for Jobs Available to Graduate Students Outside the Employing Department
(i) Prior to the Semester Beginning:
Prior to the start of each semester, notice of any assignments for which the department chair has determined graduate students not enrolled in that department may be eligible will be posted in a central location, unless the assignment is to be filled through reappointment. Such postings will include an explanation of any acronyms used and will include a telephone number for the listing department. The cover sheet for such postings will include a listing of all bargaining units whose positions are included. Such listings shall be posted in a space easily accessible to graduate students in each department. A copy shall also be sent to the on-campus GEO office, the Student Employment Office, and the Assistantship Office at the Graduate School and shall be available on the University's website.
(ii) After the Semester Begins:
After the semester has begun, notice of any assignments for which the department chair determines graduate students not enrolled in that department may be eligible will be posted in a central location, if timing allows and unless the assignment is to be filled through reappointment. Such postings will include an explanation of any acronyms used and will include a telephone number for the listing department. The cover sheet for such postings will include a listing of all bargaining units whose positions are included. If timing allows, such listings shall be posted in a space easily accessible to graduate students in each department, and a copy shall be sent to the on-campus GEO office, the Student Employment Office, and the Assistantship Office at the Graduate School and shall be available on the University's website.
C. Notice for Graduate Student Employees not in the Division of Continuing Education
(a) If by April 15 or December 1 of each year the department chair cannot definitively notify graduate students of whether or not they will be funded the following semester, the department chair will advise, in writing, each currently enrolled graduate student who has applied for funding of the department's expectations about that student's appointment or reappointment for the following semester.
(b) Such notification will indicate the department chair's best judgment about whether the graduate student is likely to be funded, may be funded, or is not likely to be funded. An updated indication of the department chair's expectations about which of these three categories a graduate student is in will be sent to each graduate student fourteen days prior to the first day of classes. These notices shall be issued in good faith.
(c) The accuracy of any notification issued under the terms of Article 23 shall not be subject to Article 31, Grievance Procedure.
D. Notice for Graduate Student Employees in the Division of Continuing Education
(a) At the time of publication of the catalog for any Division of Continuing Education semester or session , the Director of the Division of Continuing Education shall notify each department in which a graduate student employee is scheduled to teach a course, in writing, of the Director's assessment as to whether said course is likely to meet the minimum enrollment of eight (8) students necessary for the course to avoid cancellation. Each graduate student employee scheduled to teach a course in the Division of Continuing Education shall, at the time he or she is identified by the department as the instructor, be provided by the department with a copy of the Director's assessment with respect to that course and shall also be provided with a copy of this Section D. In any given semester or session, at least 90% of the courses scheduled to be taught by graduate student employees shall be designated by the Director as likely to meet minimum enrollment. If any course with such a designation does not meet the minimum enrollment and the instructor does not opt out of teaching the course per (d) below, it may be cancelled by the Director, and the graduate student employee who was scheduled to teach said course shall be paid $500.00 for course preparation time. Such payment shall count toward the calculation of eligibility for tuition and fee waivers under Article 33 and health fee exemptions under Article 35.
(b) All courses that have an enrollment of twelve (12) students or more for two (2) consecutive sessions in which they are offered will be designated as likely to meet the minimum enrollment and will be eligible for the course cancellation fee.
(c) No more than 10% of the courses scheduled to be taught by graduate student employees shall be designated by the Director as unlikely to meet minimum enrollment. If any course with such a designation does not meet the minimum enrollment, it may be cancelled by the Director, and the graduate student employee who was scheduled to teach said course shall receive no compensation or benefits.
(d) Two (2) weeks before the course is scheduled to begin, the Director will notify graduate student employees scheduled to teach courses for which the minimum enrollment of eight (8) students necessary for the course to avoid cancellation has not yet been met. At this time, the graduate student employee may elect to opt out of teaching the course or continue to have the course offered up to one (1) business day before it is scheduled to begin. Courses shall remain scheduled, unless the graduate employee opts out as described above, until one (1) business day before the first day of class, at which point the Director may cancel any course that does not meet the minimum enrollment. If the Director doesn't cancel a course that does not meet the minimum enrollment, the instructor will be compensated for the minimum of eight students, in accordance with Article 32 of the Agreement.
5. Requirements for PAs .
A. Criteria
(a) Each department and employing unit that appoints PAs shall base appointments and reappointments on written criteria for selection. These criteria should address issues such as:
(i) who is eligible for appointment, how decisions are made about the percentage of appointment a PA will receive, and how applicants are ranked (e.g. Master's vs. Doctoral students, initial year vs. continuing students);
(ii) what weight is given to previous experience;
(iii) what weight is given to grant requirements;
(iv) for continuing appointments, what evaluative factors are used (e.g., if previous PA performance is deemed relevant, how is it to be evaluated; are academic records being used, etc.).
The above are meant to be exemplary rather than mandatory. The intent is that candidates shall be given clear information concerning the framework in which their applications are being considered.
(b) Funding decisions shall not be made for arbitrary or capricious reasons. In making such decisions, the department chair may but is not required to establish a mechanism for soliciting graduate student employee input.
B. Assignments
(a) A list of grants shall be generated centrally and posted in departments four times a year. This list shall include: name of grant, name of the PI, granting agency, amount of the grant, and the starting and ending dates for the current grant. Department heads shall add any grants funded by other sources when they receive the printout from the Office of Grant and Contract Administration.
At the beginning of each semester (by the first week of the second month of the semester) the department shall add to the above list the number of PAs written into the grant, and which PAs are working on those grants. These lists shall be posted in a central location, accessible to graduate student employees in the department.
(b) Department heads shall ensure that funded research-in-progress is presented to the graduate students in their departments in an oral presentation once each year, or the department head shall generate a funded research-in-progress list that is posted in departments. Principal investigators shall be urged to inform department heads of their research when funding is likely. Such research will be added to research-in-progress lists. A principal investigator's failure to report such research shall not be subject to Article 31, Grievance Procedure. Copies of grant proposals for all funded research shall be available for review by graduate students, using procedures developed by the Administration.
Department heads shall ensure that there is a mechanism by which any students who are interested in a research project will have the opportunity to receive further information on appointment possibilities, if such information is available.
(c) PAs that are open and for which faculty are looking for individuals shall be posted in the following way:
(i) Posting for Assignments Available Only to Graduate Students in the Employing Department:
The department shall notify all graduate students in the department of the PAs that will be available by posting them in a space easily accessible to graduate students, and putting notices in students' departmental mailboxes, if timing allows.
(ii) Posting for Jobs Available to Graduate Students Outside the Employing Department:
Notice of any assignments which the department or employing unit determines are available to graduate students not enrolled in that department will be posted in a central location, unless the assignment is to be filled by reappointment and if timing allows. Such postings will include an explanation of any acronyms used and will include a telephone number for the listing department. The cover sheet for such postings will include a listing of all bargaining units whose positions are included.
Such listings shall be posted in a space easily accessible to graduate students in each department, and a copy shall also be sent to the on-campus GEO office, the Student Employment Office, and the Assistantship Office at the Graduate School and shall be available on the University's website, if timing allows.
C. Notice
(a) The department or employing unit will make every reasonable effort to provide maximum possible notice of funding decisions to PAs.
(b) If six months prior to a grant expiring the department or employing unit cannot notify graduate students of whether or not they will be funded when the current grant expires, the head of the department or employing unit shall advise, in writing, all affected graduate student employees of the department's expectations about that student's appointment or reappointment under the renewed grant. A statement as to the number of PAs that will be funded under the upcoming grant will also be included in the notice.
(c) At least sixty days prior to expiration of a grant, the department or employing unit will advise, in writing, the PAs who are funded by that grant of the department's expectations about that student's appointment or reappointment under the renewed grant.
(d) Fourteen days prior to the grant expiration, all current PAs funded on the grant as well as all currently enrolled graduate students who are to be funded by the grant, shall be given an updated notice of the department head's expectation of appointment or reappointment. These notices shall be issued in good faith.
(e) The accuracy of any notification issued under the terms of Article 23 shall not be subject to Article 31, Grievance Procedure.
(f) PAs not funded by grants or contracts shall be given the same notice as TAs and TOs.
6. Requirements for RAs .
A. Criteria
The criteria shall be at the discretion of the Department Head.
B. Assignments
(a) A list of grants shall be generated centrally and posted in departments four times a year. This list shall include: name of grant, name of the PI, granting agency, amount of the grant, and the starting and ending dates for the current grant. Department heads shall add any grants funded by other sources when they receive the printout from the Office of Grant and Contract Administration.
At the beginning of each semester (by the first week of the second month of the semester) the department shall add to the above list the number of RAs written into the grant, and which RAs are working on those grants. These lists shall be posted in a central location, accessible to graduate student employees in the department.
(b) Department heads shall ensure that funded research-in-progress is presented to the graduate students in their departments in an oral presentation once each year, or the department head shall generate a funded research-in-progress list that is posted in departments. Principal investigators shall be urged to inform department heads of their research when funding is likely. Such research will be added to research-in-progress lists. A principal investigator's failure to report such research shall not be subject to Article 31, Grievance Procedure. Copies of grant proposals for all funded research shall be available for review by graduate students, using procedures developed by the Administration.
Department heads shall ensure that there is a mechanism by which any students who are interested in a research project will have the opportunity to receive further information on appointment possibilities, if such information is available.
(c) RAs that are open and for which faculty are looking for individuals shall be posted in the following way:
(i) Posting for Assignments Available Only to Graduate Students in the Employing Department
The department shall notify all graduate students in the department of the RAs that will be available by posting them in a space easily accessible to graduate students, and putting notices in students' departmental mailboxes, if timing allows.
(ii) Posting for Jobs Available to Graduate Students Outside the Employing Department
Notice of any assignments which the department or employing unit determines are available to graduate students not enrolled in that department will be posted in a central location, unless the assignment is to be filled by reappointment and if timing allows. Such postings will include an explanation of any acronyms used and will include a telephone number for the listing department. The cover sheet for such postings will include a listing of all bargaining units whose positions are included.
Such listings shall be posted in a space easily accessible to graduate students in each department, and a copy shall also be sent to the on-campus GEO office, the Student Employment Office, and the Assistantship Office of the Graduate School and shall be available on the University's website, if timing allows.
C. Notice
(a) The department or employing unit will make every reasonable effort to provide maximum possible notice of funding decisions to RAs.
(b) If six months prior to a grant expiring the department or employing unit cannot notify graduate students of whether or not they will be funded when the current grant expires, the head of the department or employing unit shall advise, in writing, all affected graduate student employees of the department's expectations about that student's appointment or reappointment under the renewed grant. A statement as to the number of RAs that will be funded under the upcoming grant will also be included in the notice.
(c) At least sixty days prior to expiration of a grant, the department or employing unit will advise, in writing, the RAs who are funded by that grant of the department's expectations about that student's appointment or reappointment under the renewed grant.
(d) Fourteen days prior to the grant expiration, all current RAs funded on the grant as well as all currently enrolled graduate students who are to be funded by the grant, shall be given an updated notice of the department head's expectation of appointment or reappointment. These notices shall be issued in good faith.
(e) The accuracy of any notification issued under the terms of Article 23 shall not be subject to Article 31, Grievance Procedure.
(f) RAs not funded by grants or contracts shall be given the same notices as TAs and TOs.
7. Requirements for Fellows and Trainees .
A. Criteria
The criteria shall be at the discretion of the Department Head.
B. Assignments
(a) Posting for Assignments Available Only to Graduate Students in the Employing Department
The department shall notify all graduate students in the department of the appointments that will be available by posting them in a space easily accessible to graduate students, and putting notices in students' departmental mailboxes, if timing allows.
(b) Posting for Assignments Available to Graduate Students Outside the Employing Department
Notice of any assignments which the department or employing unit determines are available to graduate students not enrolled in that department, or in departments where there are no graduate students or in non-academic departments, will be posted in a central location, unless the assignment is to be filled by reappointment and if timing allows. Such postings will include an explanation of any acronyms used and will include a telephone number for the listing department. The cover sheet for such postings will include a listing of all bargaining units whose positions are included.
Such listings shall be posted in a space easily accessible to graduate students in each department, and a copy shall also be sent to the on-campus GEO office, the Student Employment Office, and the Assistantship Office at the Graduate School and shall be available on the University's website, if timing allows.
C. Notice
(a) If by April 15 or December 1 of each year, the department head can not definitely notify graduate students of whether or not they will be funded the following semester, the department head will advise, in writing, each currently enrolled graduate student who has applied for funding of the department chair's expectations about that student's appointment or reappointment for the following semester.
(b) Such notification will indicate the department chair's best judgment about whether the graduate student is likely to be funded, may be funded, or is not likely to be funded. An updated indication of the department chair's expectations about which of these three categories a graduate student is in will be sent to the graduate student fourteen days prior to the first day of classes. These notices shall be issued in good faith.
(c) The accuracy of any notification issued under the terms of Article 23 shall not be subject to Article 31, Grievance Procedure.
8. Requirements for Interns and ARDs
A. Criteria
(a) Each department and employing unit that appoints interns or ARDs shall base appointments and reappointments on written criteria for selection. These criteria should address issues such as:
(i) who is eligible for appointment, what qualifications and expertise are required for the job;
(ii) what weight is given to previous experience.
(iii) for continuing appointments, what evaluative factors are used (e.g. if previous Intern performance is deemed relevant, how is it to be evaluated; are academic records being used, and for ARDs whether there are any term limits, etc.)
The above are meant to be exemplary rather than mandatory. The intent is that candidates shall be given clear information concerning the framework in which their applications are being considered.
Funding decisions shall not be made for arbitrary or capricious reasons. In making such decisions, the department chair may, but is not required to, establish a mechanism for soliciting graduate student employee input.
B. Assignments
(a) Posting for Assignments Available Only to Graduate Students in the Employing Department
The department shall notify all graduate students in the department of the appointments that will be available by posting them in a space easily accessible to graduate students, and putting notices in students' departmental mailboxes, if timing allows.
(b) Posting for Assignments Available to Graduate Students Outside the Employing Department
Notice of any assignments which the department or employing unit determines are available to graduate students not enrolled in that department, or in departments where there are no graduate students or in non-academic departments, will be posted in a central location, unless the assignment is to be filled by reappointment and if timing allows. Such postings will include an explanation of any acronyms used and will include a telephone number for the listing department. The cover sheet for such postings will include a listing of all bargaining units whose positions are included.
Such listings shall be posted in a space easily accessible to graduate students in each department, and a copy shall also be sent to the on-campus GEO office, the Student Employment Office, and the Assistantship Office at the Graduate School and shall be available on the University's website, if timing allows.
C. Notice
(a) If by April 15 or December 1 of each year, the department head can not definitely notify graduate students of whether or not they will be funded the following semester, the department head will advise, in writing, each currently enrolled graduate student who has applied for funding of the department chair's expectations about that student's appointment or reappointment for the following semester.
(b) Such notification will indicate the department chair's best judgment about whether the graduate student is likely to be funded, may be funded, or is not likely to be funded. An updated indication of the department chair's expectations about which of these three categories a graduate student is in will be sent to the graduate student fourteen days prior to the first day of classes. These notices shall be issued in good faith.
(c) The accuracy of any notification issued under the terms of Article 23 shall not be subject to Article 31, Grievance Procedure.
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ARTICLE 24
Professional Growth and Development
Professional Development Funds : Professional development and research assistance funds shall be made available to graduate student employees. At the time of distribution, graduate student employees shall receive written notification that they may use these funds for any legitimate scholarly, educational, or professional purpose, including without limitation professional travel, supplies, books, journals, and equipment. Graduate student employees in the Division of Continuing Education shall not be eligible for such funds.
The funds shall be calculated as follows: Two percent of the total payroll for graduate student employees who are paid from any source other than grants, contracts, or the Division of Continuing Education as of May 1, 2005.
One-fifth of the funds shall be distributed to bargaining unit employees eligible as of March 7, 2005; one-fifth shall be distributed to bargaining unit employees eligible as of October 17, 2005; one-fifth shall be distributed to bargaining unit employees eligible as of March 6, 2006; one-fifth shall be distributed to bargaining unit employees eligible as of October 16, 2006; one-fifth shall be distributed to bargaining unit employees eligible as of March 5, 2007.
In each semester that the funds shall be distributed, the total amount allocated for that semester shall be divided by the number of full-time equivalent positions eligible as of that semester to determine the amount to be distributed to each full-time equivalent. Each eligible graduate student employee shall then receive funds for professional growth and development, pro-rated to his or her fte rate.
Professional Growth and Consultation : Upon written request, any graduate student employee has a right to receive consultation from the department head on his or her assignment. The sole purpose of this consultation will be to improve the quality of the work being done. Such requests will be limited to a maximum of three per semester.
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ARTICLE 25
Second Job
No graduate student employee shall be denied the right to work at a job not covered by this Agreement, as long as such employment does not interfere with the graduate student employee's fulfillment of all terms and conditions of his or her graduate student employment.
No graduate student employee shall be denied the right to work at an additional job within the bargaining unit, but outside the graduate student employee's academic department, as long as such employment does not interfere with the graduate student employee's fulfillment of all terms and conditions of his or her graduate student employment.
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ARTICLE 26
Discipline and Discharge
Except as described in Article 27, Layoff and Recall, and Article 23, Appointment and Reappointment, no graduate student employee shall be discharged or disciplined except for just cause. GEO shall receive timely written notification of any discharge and of any disciplinary action that results in a written record.
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ARTICLE 27
Layoff and Recall
If the Administration determines that it may be necessary to abrogate for financial reasons the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide a reasonable period of time, and, whenever possible, a minimum of thirty days, to receive advice from GEO. If, after considering the advice of GEO, the Administration determines that it remains necessary to abrogate for financial reasons the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide to GEO a list of affected individuals. Affected individuals shall receive, whenever possible, a minimum of one semester notice. Affected individuals shall receive all tuition and fee waivers for which they would have been eligible had their contract not been terminated prior to its expiration date and shall receive 50% of the remainder of their stipend for the semester in which the contract abrogation takes effect.
If, at any time within three years from the effective date of a layoff for financial reasons, the department from which a graduate student employee was laid off decides to make a graduate student employee appointment for which the laid off individual is, in the opinion of the department head, qualified, the laid off individual will have recall rights to that position.
Within a department in which layoffs occur, the appointment and reappointment criteria developed under Article 23 shall be applied as appropriate.
If the Administration determines that it may be necessary to abrogate, due to organizational or programmatic changes, the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide a minimum of thirty days to receive advice from GEO. If, after considering the advice of GEO, the Administration determines that it remains necessary to abrogate, due to organizational or programmatic changes, the contract of any graduate student employee prior to its expiration date, the Administration shall so notify GEO and shall provide to GEO a list of affected individuals. Affected individuals shall receive a minimum notice period of one semester. Affected individuals shall receive all tuition and fee waivers for which they would have been eligible had their contract not been terminated prior to its expiration date and shall receive 50% of the remainder of their stipend for the semester in which the contract abrogation takes effect. In non-academic departments, layoffs shall occur in the order of reverse seniority.
This article shall not apply to suspension or termination for cause.
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ARTICLE 28
Parity in Cuts
The Administration and GEO recognize the Administration's right to determine the allocation of budgets to individual schools, colleges, faculties, departments, and other analogous units and to determine the use of funds within units.
The Administration agrees to negotiate with GEO on the impact, implementation, and workload effects of budget cuts on a school or college level, with attention to the individual departments involved, if the percentage cut to the state-funded graduate student employee account in a department is larger than the percentage decline in undergraduate enrollment in the school or college in which that department resides and either:
(a) the percentage cut to the state-funded graduate student employee account in a department is larger than the percentage cut suffered by the school or college in which that department resides, or
(b) the percentage cut to the state-funded graduate student employee account in a department is larger than the total percentage cut to the overall campus budget, or
(c) the percentage cut to the state-funded graduate student employee account in a department is larger than the reduction in undergraduate student enrollment requests.
When determining the amount and percentages of cuts made to all budgets, the comparison semester shall be the previous semester, adjusted for seasonal differences.
When determining declining undergraduate enrollment, the above comparison semesters shall be used for comparing pre-registration data on the school or college level.
The Administration shall provide to GEO all information related to changes in the state appropriation to the University and the allocation of state funds to each department that employs graduate student employees, as well as undergraduate enrollment figures, as soon as possible, but no later than thirty days after the state appropriation is finalized. If GEO determines that there is a need to negotiate, the Administration shall provide to GEO all information needed to negotiate, including but not limited to enrollment figures for classes, pre-registration data, budgets, stipend levels and contracted hours, FTE and actual employee counts for both the comparison semester and the semester in which the cuts shall be implemented.
Negotiations for cuts to be implemented in a spring semester shall be completed before the end of the preceding fall semester. Negotiations for cuts to be implemented in a fall semester shall begin within seven days after the dat
