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GEU - May 16, 2005 - May 15, 2008

Michigan State University

and the

Graduate Employees Union

Local 6196

AFT-Michigan/AFL-CIO

May 16, 2005 – May 15, 2008

TABLE OF CONTENTS

ARTICLE	TITLE	PAGE
Article 1	Term of Agreement	1
Article 2	Definitions	3
Article 3	Purpose and Intent	4
Article 4	Recognition	4
Article 5	Employer Rights	5
Article 6	Union Rights	8
Article 7	Anti-Harassment	10
Article 8	Union Dues and Representation Fees	10
Article 9	Employee Rights	13
Article 10	Employment Period	15
Article 11	Appointments	15
Article 12	Job Security	17
Article 13	Workload	18
Article 14	Standard Performance Requirements	19
Article 15	Training and Professional Development	20
Article 16	Teaching Assistant Evaluation	21
Article 17	Additional Employment	22
Article 18	Employee Leave Time	23
Article  19	Stipends	24
Article 20	Tuition Waiver	25
Article 21	Benefits	25
Article 22	Personnel Records	28
Article 23	Health and Safety	28
Article 24	No Interference	29
Article 25	Special Conferences	29
Article 26	Grievance Procedure	30
Article 27	Information	34
Article 28	Distribution of the Collective Bargaining Agreement	34
Article 29	Scope of the Agreement	35
Appendix A	Schedule of Minimum Monthly Stipends
Appendix B	Memoranda of Understanding

ARTICLE 1

TERM OF AGREEMENT

I.          This Agreement is made by and between Michigan State University and the Graduate Employees Union Local 6196, AFT-Michigan, and shall be effective from and after May 16, 2005 until and including May 15, 2008 with respect to all provisions of this Agreement except as specifically noted.

II.          In the event that a successor Agreement is not negotiated by 11:59 p.m., May 15, 2008, this Agreement shall continue in full force and effect unless thirty (30) days’ written notice of termination is given by the Union.

III.         IN WITNESS WHEREOF, the parties have set their hands this ______ day of ________ , 2005.

________________________                              ______________________________

Deborah Wilson, President                                     Dr. John Hudzik, Interim Provost

Sociology                                                                   Office of the Provost

______________________________                 ______________________________

Jennifer Nichols, Co-Chief Negotiator                    Dr. Fred Poston, Vice President

English                                                                       Finance, Operations and Treasurer

______________________________                 ______________________________

Brian Thomas, Co-Chief Negotiator                       Dr. Robert Banks, Ast. Provost and Ast. VP

Sociology                                                                   Academic Human Resources

______________________________                 ______________________________

Kelly Battles                                                               Pamela S. Beemer, Ast. Vice President

English                                                                       Human Resources

______________________________                 ______________________________

D. Matthew Boyer                                                     Scott Sowulewski, Director

Counseling, Educational Psychology                     Office of Employee Relations

and Special Education

______________________________                 ______________________________

Mazen Haydar                                                           Dr.Robert Caldwell, Asc. Chairperson

Civil and Environmental Engineering                      Psychology

______________________________                 ______________________________

Jeffrey Henquinet                                                      Dr. David Campbell, Associate Dean

Fisheries and Wildlife                                               College of Social Science

______________________________                 ______________________________

Jeanine Mazak                                                          Dr. Douglas Estry, Associate Dean           

History                                                                        College of Natural Science

______________________________                 ______________________________    

Karen Meagher                                                         Dr. Patricia Paulsell, Associate Dean

Philosophy                                                                 College of Arts and Letters

______________________________                 ______________________________

Jacquelyn Lloyd, Representative                            Gail Nutter, Assistant Dean

Graduate Employees Union                                    College of Education

______________________________                 ______________________________

Johnny Mickles, III, Field Representative                Thomas C. Hanna, Associate Director

AFT-Michigan/AFT/AFL-CIO                                   H.R. Strategy and Metrics

                                                                                    ______________________________

                                                                                    James D. Nash, Associate Director

                                                                                    Office of Employee Relations

                                                                                    ______________________________

                                                                                    Renee Rivard. Director

                                                                                    MSU Benefits

                                                                                    ______________________________

                                                                                    Nicholas Smith, H.R. Analyst

                                                                                    H.R. Strategy and Metrics

ARTICLE 2

DEFINITIONS

I.       Academic Matter – all of the activities related to the student’s program of study and progress in that program which specifically refer to the role as a student.

II.       Day – Unless otherwise specified, the term “day” shall mean a calendar day.

III.      Employee – A member of the bargaining unit.

IV.     Employer and University – The terms “Employer” and “University” are used interchangeably.

V.     Faculty – includes tenure system ranked faculty, fixed-term ranked faculty and instructional staff.

VI.     Full Support Fellows – Fellows with a financial support package analogous to the package of a graduate assistant (stipend and benefits).

VII.    GAANN - Graduate Assistantships in Areas of National Need.

VIII.   In Good Standing – Meeting or exceeding the minimum standards officially defined in writing by the University; the relevant college, department, school and/or program; or defined by annual academic evaluation/progress reports; and guidance committee decisions.

IX.     Stipend and Salary  – The terms “Stipend” and “Salary” are used interchangeably.

X.     Teaching Assistant – A teaching assistant (TA) is a graduate student whose assistantship appointment consists of teaching, classroom instruction, preparing handouts, monitoring examinations or performing other instructional activities, except as excluded per the Michigan Employment Relations Commission case No. R01 B-020 of May 1, 2001.

XI.     Union – Graduate Employees Union Local 6196/AFT-Michigan/AFT/AFL-CIO.

ARTICLE 3

PURPOSE AND INTENT

I.                     This Agreement has as its purpose the promotion of cooperative relations between the Employer and the Graduate Employees Union, the establishment of an equitable and peaceful procedure for the resolution of differences, the establishment of rates of pay, hours of work, and other conditions of employment.

II.                   The parties recognize the interest of the Employer and job security of the employees depend upon the Employer’s success in establishing a proper service to the public and especially to students of the University.

III.         To these ends, the Employer and the Graduate Employees Union encourage, to the fullest degree, cooperative relations between their respective representatives at all levels and among all employees.  The parties are mutually committed to promoting respect, civility and teamwork.

ARTICLE 4

RECOGNITION

Michigan State University

            -and-

Graduate Employees Union/AFT

Pursuant to authority vested in the Michigan Employment Relations Commission, IT IS HEREBY CERTIFIED that

                        Graduate Employees Union/AFT

has been designated and selected by a majority of the employees of the above-named employer, in the unit described below, as their representative for the purposes of collective bargaining, and that pursuant to Sections 26 and 27 of Act No. 176 of the Public Acts of 1939, as amended, or Sections 11 and 12 of Act 336 of the Public Acts of 1947, as amended, the said organization is the exclusive representative of all the employees in such unit for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.

Unit:

Included:

All graduate assistants at MSU appointed as teaching assistants, except for those teaching assistants excluded below.

Excluded:

1.  All graduate assistants appointed as research assistants, as exemplified by the status quo appointment practices in use as of February 2, 2001.

2.  All graduate assistants appointed as teaching assistants:

a.  Whose responsibilities are as Assistant Hall Directors (formerly known as residence hall advisors);

b.  Who supervise other graduate teaching assistants where the supervision involves intervention as needed and the taking of action: (a) if a recitation section or class is off-track and/or (b) when course information is not delivered to the students; and/or (c) where it involves the evaluation of the performance of a teaching assistant on behalf of the faculty member of record;

c.  Whose responsibilities are as graders who do not have direct classroom and/or laboratory instructional responsibilities and/or personal contact in pre-scheduled and posted office hours;

d.  Whose responsibilities are to advise or consult and who (a) do not have direct classroom and/or laboratory instructional responsibilities or (b) do not have office hours for purposes other than advising or consulting;

e.  Whose responsibilities are to tutor and who are not employed primarily to assist students enrolled in a specific course;

f.  Who are GAANN fellows or others on similar state or federal training grants;

g. Who teach courses offered by the MSU Detroit College of Law and who are paid by reimbursement funds from MSU-DCL.

3.  All other employees.

ARTICLE 5

EMPLOYER RIGHTS

I.          Except as specifically abridged by this Agreement, all powers, rights, and authority of the Employer are reserved by the Employer, and the Employer retains sole and exclusive control over any and all matters in the operation, management, and administration of the University, the control of its properties and the maintenance of order and efficiency of the workforce, and complete authority to exercise those rights and powers, including, by way of illustration but not by way of limitation, the exclusive right and authority:

A.  to determine the type and kind of services to be rendered and the work to be  performed by employees;

B.  to make all financial decisions, including decisions concerning all accounting,  bookkeeping, and other record-keeping methods and procedures;

C.  to determine the number, location, or relocation of facilities, buildings, and  rooms;

D.  to determine its organizational and business structure;

E.  to determine whether to transfer, contract, subcontract or discontinue work  and whether to purchase services from others;

F.   to determine the necessity for work by employees;

G.  to discipline, suspend, or discharge employees for just cause;

H.  to determine the duration of employment upon appointment.  Employees should not presume they will be re-appointed beyond the term of their appointment;

I.    to lay off employees from duty because of lack of work or for other business reasons;

J.   to determine the amount and type of supervision;

K.  to determine materials and equipment to be utilized by employees and the methods and means by which work shall be performed and services provided;

L.   to have any work performed at any other location; and,

M.  to determine the appointment fraction and the schedule of employees upon appointment; and to determine the schedule of employees.

II.           It is further agreed, except as abridged by the specific terms of this Agreement, that the Employer retains sole and exclusive control over all matters pertaining to the selection, direction, instruction, and control of employees, including, by way of illustration but not by way of limitation, the right:

A.  to hire, select, assign, reassign, reclassify, or promote employees;

B.  to determine the number and qualifications of employees;

C.    to adopt and enforce policies, rules and regulations, including rules and  regulations covering health and safety matters on University premises, in the  performance of University-related activities, and at University-sponsored  activities;

D.  to determine quality and equitable performance standards;

E.  to determine the job content, allocation and assignment of work to employees;

F.   to establish new job classifications and modify and eliminate existing  classifications within the bargaining unit;

G.  to determine the duration and requirements of all appointments;

H.  to determine class size;

I.    to determine all academic policies, procedures, rules and regulations in regard to employees’ status as students, including, but not limited to, all questions of academic standing, intellectual integrity and any matter relating to academic progress in a University educational program;

J.   within the academic sphere, to make academic evaluations and deter