AGREEMENT

The Regents of

the

University of

Mic

hig

University of

Mic

hig

Lecturers’ Employee

aniza

tion

September 19, 2021—April

20,

2024

TABLE OF CONTENTS

Preamble ....................................................................................... 5

ARTICLE I: Recognition ............................................................. 6

ARTICLE II: Non-Discrimination ............................................... 7

ARTICLE III: No Strike .................................................... 9

ARTICLE IV: Authorization for Payroll Deduction of Union

Dues and New Hire Reporting ....................................... 10

ARTICLE V: Union Rights ........................................................ 15

ARTICLE VI: Union-Employer Confer

ences ............................

ARTICLE VII: Scheduling and Reduction in

ppointment

for Union Representatives ................................................. 19

ARTICLE VIII: Management Rights ........................................ 21

ARTICLE IX: Information ........................................................ 23

ARTICLE X: Grievance and Arbitration Procedure ........................... 26

ARTICLE XI: Appointments, Major

vie

and

Renewal .... 35

ARTICLE XII: Layoff, Reduction in

ppointment Effort, and

Recall .......................................................................................... 55

ARTICLE XIII: Discontinuance of Programs ........................... 64

ARTICLE XIV: Provisions for Special

Case

Appointments .... 65

ARTICLE XV: Salary ................................................................. 75

ARTICLE XVI:

Spring/Summer

Salaries ................................ 80

ARTICLE XVII: Benefit Eligibility .......................................... 81

ARTICLE XVIII: Benefit Plans ................................................. 85

ARTICLE XIX: Performance Evaluation ................................ 100

ARTICLE XX: Discipline and

Dismissal ................................

114

ARTICLE XXI: Harassment ................................................... 118

ARTICLE XXII: Health and Safety ........................................ 119

ARTICLE XXIII: Personnel Records ...................................... 121

ARTICLE XXIV: Professional Development ........................ 123

ARTICLE XXV: Collegiate Lecturer Program ..................... 126

ARTICLE XXVI: Faculty Support ......................................... 130

ARTICLE XXVII: Posting, Hiring, and Notification ............. 132

ARTICLE XXVIII:

Workload ....................................................

135

ARTICLE XXIX: Conflicts of Interest

and

Conflicts of

Commitment ............................................................................ 137

ARTICLE XXX: Temporary Substitute Teaching .................. 141

ARTICLE XXXI: Leaves of Absence Without

and FMLA

Child-Care Extension Leave Benefit ...................................... 142

ARTICLE XXXII: Sick Pay and Other Paid Leaves ........ 151

ARTICLE XXXIII: Modified Duties for New Parents ............ 153

ARTICLE XXXIV: Vacation Pay ........................................... 156

ARTICLE XXXV: Bereavement Time ................................... 158

ARTICLE XXXVI: Jury and

Witness

Pay .............................. 159

ARTICLE XXXVII: Holiday/Season

ys/

Emergency Closures ............................................................ 160

ARTICLE XXXVIII: Academic Rights

and

Responsibilities ...........................................................................

161

ARTICLE XXXIX: Parking and Bus Passes ......................... 163

ARTICLE XL: Printing and Distrib

ution

of the

Agreement ............................................................................. 164

ARTICLE XLI: Scope of the Agreement ............................ 165

ARTICLE XLII: Term of the Agreement ............................. 167

MOU 1: Special Provisions Covering Lecturer III and

Major Reviews in LSA ......................................................... 171

MOU 2: Full-Time Opportunities for Lecturers ................... 173

MOU 3: Child Care ……………………………………….. 174

MOU 4: Enhancing Job Security ………………………….. 175

MOU 5: Notice of Non-Reappointment and Course

Cancellation Fees for LEO Adjunct Lecturers ...................... 176

MOU 6: Special Layoff Provisions for Long-Serving

Lecturers .......................................................................... 178

MOU 7 Assignment of Lecturer III/IV Duties ..................... 182

MOU 8: Teaching Professor ………………………………183

MOU 9: Accommodations for Employees with

Disabilities ............................................................................ 186

MOU 10: DEI-Related Initiatives for Lecturers ................... 190

MOU 11: Support for International Lecturers ..................... 192

MOU 12: Increased Diversity in Hiring ............................... 193

MOU 13: Pay Advances for First Time Employees……… 194

MOU 14: Academic Calendar Changes ………………….. 196

MOU 15: Computer ……………………………………..... 197

MOU 16: Required Disclosure of Felony Charges and/or

Convictions ……………………………………………….. 198

MOU 17: Title IX ………………………………………….200

MOU 18: Additional Increase for Lecturers II and

Lecturers IV …………………………………………....… 201

Appendix A: Definitions ...................................................... 202

PREAMBLE

Section

This Agreement is entered into on this day, September 19,

2021, by the Regents of The University of Michigan,

her

einafter

referred to as “the Employer,” and the Lecturers’

Employee Organization, American Federation of Teachers

Mic

hig

an/

AFT Local 6244, AFL-CIO, hereinafter referred to as

“the

Union,” for the period beginning September 19, 2021

and

ending

April 20, 2024.

Section

The purpose of the Agreement is to establish the terms

and

conditions of employment for the Employees covered. It is the

intent and purpose of the parties that this

Agr

eement provide for

harmonious and constructive employment

ela

tions between

Employer and valued Employees. The

parties

recognize that

good faith collective bargaining is a means of achieving this

purpose and that such collaboration

will

contribute to the

instructional interests of The

Univ

sity

Mic

hig

an.

Section

It is expressly understood and agreed by the parties that this

Preamble does not establish any rights for any party, is not

subject to the grievance or arbitration procedures of

the

Agreement, and may not be relied on in support of

grievance

or other

action.

ARTICLE I: RECOGNITION

ARTICLE I

RECOGNITION

Pursuant to and in conformity with the certification issued b

the Michigan Employment Relations Commission on May

2003, in Case No. R02L-170, the University recognizes

the

Union as the sole and exclusive representative for the purposes

of collective bargaining in respect to wages, hours, and

all

other

conditions of employment for all Employees in

the

following

described bargaining

unit:

Included:

All non-tenure-track instructional

staf

cluded:

1. Persons given courtesy appointments (0% effort)

receive no compensa

tion;

2. All individuals who hold a tenured or

tenur

e-track

appointment at The University of Michigan and

are also appointed in a non-tenure-track

instructional

title;

3. Clinical and adjunct clinical instructional staff of

all

ranks;

4. Supervisors, confidential employees, temporary

and

casual employees appointed in a Visiting I

instructional

title (as defined in SPG 201.34-1 as,

“Individuals

whose employment responsibilities lie with

another

institution of higher education as visiting professors,

associate professors, assistant professors,

instructor

lecturers in order to supplement the

instructional

program”), and all other employees.

ARTICLE II: NON-DISCRIMINATION

ARTICLE

NON-DISCRIMIN

TION

Section

Discrimination against any Employee shall be prohibited b

the

Employer and will not be

tolera

ted.

The Employer will take proactive measures to ensure

tha

Employees are treated without discrimination because of

age

race, color, ethnicity, national origin, citizenship status (subject

to compliance with federal and state law), sex (including gender

identity and gender expression), religion,

disabilit

height,

weight, marital status, ancestry, political persuasion or

affiliation, sexual orientation, HIV status, pregnancy,

familial

status, or special disabled veteran or Vietnam-era veteran

sta

tus

Discriminatory harassment is a form of

discrimination.

The Employer shall adhere to the policies adopted by

the

Board

of Regents and to applicable federal and state

and

regulations, including but not limited to the

Mic

hig

Elliot-

Larsen Civil Rights Act of 1976 and the

Mic

hig

Persons with

Disabilities Civil Rights

Act.

Section

Sexual harassment of any Employee shall be prohibited b

the

Employer and will not be

tolera

ted.

Sexual harassment is unwelcome sexual advances, requests for

sexual favors, and other verbal or physical conduct or

communication of a sexual nature under the

follo

wing

conditions:

When

submission to or rejection of the conduct or

communication is used as a factor in decisions affecting

employment; or

When

the conduct or communication has the purpose or

effect of substantially interfering with employment, or

creating an intimidating, hostile, or offensive

employment

vir

onment.

ARTICLE II: NON-DISCRIMINATION

Section

Neither the Employer nor the Union shall discriminate

ainst,

intimidate, restrain, coerce, or interfere with any Employee

because of, or with respect to, their lawful Union

activities

including participation in a grievance, or membership, or

the

right to refrain from such activities or membership. In

addition,

there shall be no discrimination against any Employee

the

application of the terms of this Agreement because of

membership or non-membership in the Union.

Section

Nothing in this Agreement shall be construed to pr

ent

Employee who alleges discrimination from

cising

constitutional or statutory

rights

ARTICLE III: NO STRIKE

ARTICLE III

STRIKE

During the term of the Agreement the Union, through

its

officials, will not cause, instigate, support or encourage, nor shall

any Employee take part in any concerted action

ainst,

or any

concerted interference with, the operations of

the

Employer, such

as the failure to report for duty, the absence from one’s position,

the stoppage of work, or the failure,

whole or in part, to fully,

faithfully, and properly perform

the

duties of employment.

Nothing in this paragraph,

shall be construed to limit

participation of Employees in

activity that is unrelated to

their employment

ela

tionship

In the event of any such action or interference, and on notice

from the Employer, the Union, through its officials,

will

immediately disavow such action or interference and

instruct

writing any and all Employees to cease their misconduct and

inform them that this misconduct is a violation of

the

Agreement, which subjects them to disciplinary

action,

including discharge. If the Union, through its officials, performs

its obligations as set forth in this Article,

the

Employer agrees

that it will not file or prosecute any

action

for damages against

the Union or its officials. Nothing herein, however, shall preclude

the Employer from proceeding

ainst

any Employee involved in

such action or interfer

ence

ARTICLE IV: AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION

DUES AND NEW HIRE REPORTING

ARTICLE IV

AUTHORIZATION FOR PAYROLL DEDUCTION OF

UNION DUES AND NEW HIRE REPORTING

Section A. Union Dues Payroll Deductions

1. The Employer shall deduct authorized amounts for current

union dues from the monthly pay of each Employee who

authorizes such a deduction by filling out an Authorization

for Payroll Deduction of Union Dues card prepared by the

Union and that uses language acceptable to the Employer. In

the case of Employees holding multiple, simultaneous

appointments, at least one of which is not covered by the

terms of this Agreement, dues deductions will be based only

on the portion of the Employee’s pay attributable to positions

covered by this Agreement.

2. Employees will deliver Authorization for Payroll Deduction

of Union Dues cards to the Union.

3. The Union will notify the Employer that a deduction has

been authorized. These notifications will be accomplished via

delivery of the Authorization for Payroll Deduction of Union

Dues cards along with the following information, to the

University payroll office on a mutually agreed-upon date

each month in a mutually agreed-upon electronic format:

Employee name, and Employee eight (8) digit identification

number.

4. Unless revoked in writing by Employees as described in

Section A.5., dues deduction authorizations shall remain in

effect whenever an Employee is employed in a position

subject to the terms of this Agreement.

5. An Employee may voluntarily revoke previously authorized

payroll deductions by submitting written notification to the

University Payroll Office on the Deduction Authorization or

Cancellation Form. The University will make reasonable

efforts to process cancellation forms in a timely manner.

ARTICLE IV: AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION

DUES AND NEW HIRE REPORTING

Payroll deductions shall terminate when a cancellation form

has been received by the University Payroll Office at least

thirty (30) calendar days prior to the monthly payroll.

Cancellation forms received less than thirty (30) calendar

days prior to the monthly payroll will be effective no later

than the monthly payroll of the following month.

The University shall forward a copy of the cancellation form

to the Union within fourteen (14) working days of receipt. If

the Employee submits the cancellation form to the Union, the

Union shall forward the form to the University Payroll Office

as soon as possible for processing.

Section B. Compliance

1. Employer Appointment Letter:

a. First-Time Lecturer Appointments – Appointing

units will offer employment to prospective

Employees covered by the UM/LEO Agreement via

an appointment letter that includes the following

statement:

“The appointment being offered to you in

this letter is subject to the terms and

conditions of a collective bargaining

agreement between The University of

Michigan (the “Employer”) and the

Lecturers’ Employee Organization, AFT

Michigan Local 6244, AFL-CIO (the

“Union”). Any questions on union

membership should be directed to LEO at

office@leounion.org.”

b. Renewal of Lecturer Appointment and Lecturer

Reappointment Following Leave or Layoff – On

renewal of a continuing Employee’s appointment,

or reappointment of an Employee after leave or

layoff, appointing units within the University will

include the following language in the appointment

letter to the affected Employee

ARTICLE IV: AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION

DUES AND NEW HIRE REPORTING

“Your continued employment as a

Lecturer is subject to the terms and

conditions of a collective bargaining

agreement between The University of

Michigan (the “Employer”) and the

Lecturers’ Employee Organization, AFT

Michigan Local 6244, AFL-CIO (the

“Union”). Any questions on union

membership should be directed to LEO

at office@leounion.org.”

2. New Hire Reporting

a. Academic Unit New Hire Reporting:

For Employees accepting their first position

covered by this Agreement, the appointing

academic unit will notify the Union of the

acceptance and will provide, if known, the

Employee’s name, UMID number, address,

phone number, and email address. This

notification will take place before the 15th day of

August for fall semester; the 15th day of

December for winter semester; the 15th day of

April for spring and spring-summer terms; and

the 15th day of June for summer term. The notice

will take the form of an attachment to an email

message sent to [email protected]g

b. System-Originated New-Hire Reporting:

On the third day of each month, the Employer

will deliver an electronic listing of newly-

appointed Employees whose appointment

information has been added to the University

database during the previous calendar month.

On Monday of each week in the months of

January, May, July, and September, the

Employer will deliver an electronic listing of

newly-appointed Employees whose appointment

ARTICLE IV: AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION

DUES AND NEW HIRE REPORTING

information has been added to the University

database during the previous calendar week.

The system-originated “new-hire” listings will

include the following data elements: last name;

first name; UMID number; job title; job code;

hire begin date; appointment start date;

appointment end date; compensation frequency;

appointment period; appointment period

description; compensation rate; department ID#;

department name; Sch/Coll/Div name; FTE;

deduction code, if applicable; home and UM

address and contact information; Employee

status code; Employee status description.

3. Deduction of union dues made pursuant to this Article will

begin no sooner than the first regular paycheck received by

the Employee following timely notice by the Union to the

Employer (as described in Section A.3. above). No

retroactive deductions will be made.

4. At the request of either party, the Employer and the Union

will meet to review and revise the implementation of this

Article; such review and revision may include negotiated

changes to this Article.

Section C. Notification of Amount of Union Dues

The amount or percentage rate of the union dues deductions and

the remittance address of the Union shall be certified in writing to

the Employer by the Union no later than sixty (60) days before

the changes will become effective. Such changes are limited to

not more than two (2) occurrences annually.

Section D. Remittance to the Union

All union dues deducted by the Employer shall be remitted to the

Union each month by the fifth (5th) business day of the month

following the month in which the deductions were made, together

with a list of names, and the amount deducted for each Employee

for whom a deduction was made. This list will be provided in a

mutually agreed-upon format. The Union shall provide the

Employer with a Union Dues Discrepancy Report listing under-

ARTICLE IV: AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION

DUES AND NEW HIRE REPORTING

deductions within fourteen (14) days following the receipt of the

sums and list described above. The Employer will make

appropriate adjustments, correcting for under- and over-

deductions to union dues payroll deductions on the following

payday.

Section E. Compliance with Article III

The rights, responsibilities, and obligations set forth in this

Article are specifically conditioned upon the Union’s compliance

with Article III, No Strike. If the Union fails to perform any of

its obligations as required by Article III, the Employer shall

inform the Union of its failure in writing. Effective immediately

upon such notice, Article IV Authorization for Payroll Deduction

of Union Dues and New Hire Reporting shall become null and

void.

Section F. Indemnification

The Employer shall not be liable to the Union by reason of the

requirements of this Article for the remittance or payment of any

sum other than that constituting actual deductions made from the

pay earned by the Employee. In addition, the Union shall

indemnify and save and hold the University harmless from any

liability resulting from any and all claims, demands, suits or any

other action arising from compliance with this Article, or in

reliance on any list, notice, certification or authorization

furnished under this Article. The Union specifically agrees to

indemnify and hold the University harmless for any liability

arising under MCL 423.210, including but not limited to

damages, court costs and reasonable attorney fees awarded to a

plaintiff under MCL 423.210(10).

ARTICLE V: UNION RIGHTS

ARTICLE V

UNION RIGHTS

Section

Representatives of the Union will be permitted to

transact

official business with appropriate representatives of

the

Employer at all reasonable times provided they follow

regular

University procedures.

Section

Where

facilities, including meeting rooms or equipment,

suc

as duplicating, IT, computing and audiovisual, are available

for use by other unions, such facilities or equipment

will be available to the Union in accordance with

established University procedures.

Section C.

The University will provide a room (capacity 6-8), free of charge,

on the Flint and Dearborn campuses for the use of the Union to

meet with their members once per month. The Union will provide

the University with proposed dates no later than June 1 for the

following academic year. If space is unavailable on the requested

dates, the University will identify alternative dates.

Section D

1. The Union may post notices on existing bulletin

boar

space which is not reserved for specific purposes, b

no case shall the Union be denied space sufficient to

post

one

(1)

8 ½ inch by 14 inch sheet in an

academic

unit

employing Employees.

2. In addition, the Employer shall provide the Union

with

bulletin board space designated with the Union’s name

for its exclusive use in twenty (20) mutually

eed

upon

areas for the purpose of posting Union notices

Such

space in each area will be large enough to hold

four

(4)

8-½ inch by 11-inch sheets. Ten (10) of these

bulletin

board spaces will be on the Ann Arbor

cam

pus, five

(5)

spaces

ARTICLE V: UNION RIGHTS

will be on the Flint campus and

fiv

(5)

spaces will be on

the Dearborn campus

The Employer shall provide a working and

easonab

visible Internet link to this Agreement on

the

University’s

ebsite

Section E.

Forty-five (45) days prior to the start of each academic year, the

University will provide the Union with the names and contact

information of persons responsible for scheduling each academic

unit’s first new Employee orientation. The Union will make

arrangements with the contact person to schedule time at the

orientation. The contact person will provide the Union with a

one-hour time slot during the orientation. Notification of the

orientation will include written notice of the Union’s

presentation.

The purpose of this time is to inform Employees about the

Union’s function, to explain union dues, to recruit departmental

stewards and to discuss current bargaining status or any other

Union business.

At the beginning of each semester, upon the request of the Union,

the CRLT Orientation for new faculty will make mutually agreed

upon time and space available to the Union for orientation of new

Employees. New Employees shall be informed of the presence of

the Union at the orientation.

Section F.

Union representatives may use existing electronic media,

including but not limited to telephones and email, for Union

business. At the Union’s expense, Union representatives

use

unit fax machines for the purposes of administering this

Agreement. The Union’s Grievance Chair or other Union

officers (as defined in Article VII.B.) may request and be granted

a LEO photocopy account in their academic

unit

to make

occasional small numbers of copies for purposes of contract

administration at the Union’s expense.

ARTICLE V: UNION RIGHTS

Section G.

United States mail that is received by the Employer bearing

the

name of the Employee with a correct specific campus address

will be distributed to the Employee in the normal manne

Section H.

Campus mail will be distributed to Employees in the same

manner as it is customarily distributed to other

faculty.

Section I

Union representatives may distribute Union material to

Employee mailbo

Section J.

Provisions of this Article will be administered consistent

with

PERA and Employer policies, including academic unit time

place and manner policies and

practices.

ARTICLE VI: UNION-EMPLOYER CONFERENCES

ARTICLE

UNION-EMPLOYER CONFERENCES

Section

The purpose of this Article is to establish a forum to discuss

important matters of mutual interest between the Union

and

the

Employer with the intention of fostering good

Emplo

Union

relations. These meetings will not be used to

circumv

ent

the

grievance procedure.

Section

Representatives of the Employer shall meet with Union

representatives from the Ann Arbor, Dearborn and F

lint

campuses, separately or jointly, whenever one of the

parties

deems it necessary to discuss matters which are local in

natur

including those matters necessary to the implementa

tion

and

administration of this Agreement. The meeting shall be held

within fourteen (14) days of a request, unless the

parties

mutually agree to delay the meeting. An agenda shall be

exchanged in advance whenever possible.

Section

Academic units shall, when possible, notify the Union at

least

forty-five (45) days prior to implementation of any

significant

decisions affecting the employment conditions of

Employees in the academic

unit.

It is understood that any matter discussed, or action taken

pursuant to such meetings or special conferences, shall in no way

establish any obligation to negotiate over any item discussed or

that is the subject of any action taken under this Section. Further,

no such matter or action shall alter any of the provisions of this

Agreement, or the rights of either the Employer or the Union

under the terms of the Agreement unless by written agreement

signed by both parties.

ARTICLE VII: SCHEDULING AND REDUCTION IN APPOINTMENT FOR

UNION REPRESENTATIVES

ARTICLE VII

SCHEDULING AND REDUCTION IN APPOINTMENT

FOR UNION REPRESENTATIVES

Section A.

The Employer agrees to schedule meetings related to

contract administration so as not to conflict with the

scheduled assignments of designated Union representatives.

Section B.

The Employer agrees that an Employee elected as

President, Vice President, Secretary, Treasurer, Campus

Council Chair or Bargaining Chair may apply to their

academic unit for an unpaid reduction in appointment

during their term of office.

If a one-course per term reduction in appointment or its

equivalent is requested and granted, and if the Employee was

benefits eligible prior to the requested reduction, the Employer

agrees to maintain the Employee’s benefits eligibility during

the period of reduction based on the specifics of the

Employee’s appointment. Benefits will be maintained at the

same level as the Employee’s previous percentage of effort, i.e.

either as fulltime (75% or more) or eligible part-time (50-

74.9%) in accordance with Article XVIII.B. The purpose of

this paragraph is to maintain benefits for an Employee who was

otherwise benefits eligible, but not to provide benefits for an

Employee who was not otherwise benefits eligible.

If the Employee is granted a reduction in appointment greater than

one course per term or its equivalent, and if the Employee would

no longer be eligible for benefits as a result, the Employer shall

have no obligation to maintain the Employee’s benefits eligibility.

The academic unit shall not unreasonably deny permission for an

unpaid reduction in appointment, provided the Employee has

requested the reduction by November 1st for a winter semester

reduction and March 15th for a fall semester reduction. No

ARTICLE VII: SCHEDULING AND REDUCTION IN APPOINTMENT FOR

UNION REPRESENTATIVES

course reductions can occur during the spring, summer, or

spring-summer terms.

Subject to the provisions of Article XII., Layoff, Reduction in

Appointment Effort, and Recall, the Employee shall resume their

previous pattern of assignments upon returning to their previous

level of employment effort unless the circumstances of the

Employer have changed, making this unreasonable.

ARTICLE VIII: MANAGEMENT RIGHTS

ARTICLE VIII

MANAGEMENT RIGHTS

Section

The University, its Board of Regents, its officers, its agents,

and

bodies delegated by the Board of Regents retain, solely

and

exclusively, all inherent rights, functions, duties,

responsibilities and authority with the unqualified and

unrestricted right to determine and make decisions on all terms

and conditions of employment, to exercise its academic

judgment,

and

the

manner in which the operations of the

University

will

be conducted, except where those rights,

functions, duties

responsibilities and authority are limited by

this

Agr

eement.

Section

The rights, functions, duties, responsibilities, and

authority

identified in Section A above include but are

not limited to the right

to:

1. Plan, direct and control University operations;

2. Develop and implement the University’s mission

sta

ment, policies, procedures and

Affir

tiv

Action

plans;

3. Determine the number of locations of operations;

4. Determine the means, methods, and schedules of

operations;

5. Alter, change, extend, curtail, or discontinue its

operations or academic programs, partially or

completely;

6. Determine the size of the workforce and the

hedul

ing and assignment of Employees, including

ARTICLE VIII: MANAGEMENT RIGHTS

work will be assigned to which classification(s)

of Employee(s);

7. Hire, establish and change work schedules, set hours

of work, establish, eliminate or change

classifications

assign, transfer, promote, demote,

release, and

off Employees;

8. Establish and require Employees to observe

Univ

sity

rules and regulations and reasonable

standar

of conduct;

9. Maintain order and discipline or terminate Employees.

Section

If the Employer does not exercise its rights, functions,

duties or authority, or if it exercises them in a particular

way, this shall not be deemed a waiver of said rights,

functions, duties

responsibilities or authority or its right to

exercise them

some other way not in conflict with this

Agr

eement.

ARTICLE IX: INFORMATION

ARTICLE

INFORMA

TION

Upon written request from the Union, the Employer

will

provide the Union with information which is necessary for

the purposes of collective bargaining and which does not

require unreasonable collection efforts.

Section

Recurring

epor

Each month, the Employer will provide to the Union,

at no cost to the Union, a report of all current Employee

appointments on the day the report is prepared. The

port

shall include the following data elements in a m

utually

agreed-upon format: Employee last name, Employee first

name, UMID number, appointment FTE, actual compensa

tion

rate, appointment classification code and name,

appointing

department name and code, appointing

hool/college/

division, date of hire, appointment begin date, appointment

end date, Employee UM phone, Employee UM office address,

Employee home address, and Employee home phone numbe

This report shall also include all Employees on layoff

sta

tus or leave of absence

The Union shall also receive a monthly report

sho

wing

Employees who have separated from employment and

the

reason for

para

tion.

The above

report(s)

will be sent by the first Tuesday of

eac

month in the form of an email attachment to an email address

provided by the Union.

On the first Tuesday of March and November of each

ear

the Employer will provide the Union with a demog

raphic

profile of all current Employees, including those on

off

or leave of absence. This report, which will not include the

names or other identifying information for

individual

ARTICLE IX: INFORMATION

Employees, will include the race, gender, citizenship status,

of birth and appointing campus for all Employees.

1. The University Payroll Office will additionally pr

vide

information concerning dues and fees deductions to the

Union as specified in Article IV, Authorization for Payroll

Deduction of Union Dues and New Hire Reporting

The Employer shall provide the Union with a

list(s)

Employees which, at the request of the Union, would include

any of the aforementioned and/or any additional existing

elements. Such a

list(s)

shall be available within fourteen (14)

days of a request by the Union, except that the first request for

any specific list shall be available within fourteen (14) days

from completion of the computer program. The Union will pay

the

Employer’s regular price for any such

list(s)

including, but

not limited to, any computer programming, provided the

Emplo

er submits a written estimate of the programming costs

the

Union in

adv

ance.

It is understood that any

report(s)

shall contain the most

current data available in the Human Resources

Management

System.

The Union shall retain all information in confidence

and

disclose only to those whose Union duties require them to

have such inf

tion.

Section B.

Salary

Analysis

The University’s annual publication, An Analysis of

Salaries

Paid to the University of Michigan Instructional Staff, shall

include summary statistics of salaries paid to Employees

each unit reported. The statistics shall include total head

count

of Employees and the mean, median, minimum,

maxim

appointment fraction and salary paid to Employees by

eac

unit.

ARTICLE IX: INFORMATION

Section C. College Resources

Analysis

System

(CRAS)

Tables

and

Data

The Employer shall provide the Union, at no cost to the Union,

a copy of the College Resources Analysis System (CRAS)

standard tables and data. Such information for each term shall

be available as soon as practicable, but not later than eighty

(80) days from the start of the next term, provided the Union

has

requested such information by the last day of classes of

the

ter

m being requested.

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE

GRIEVANCE AND ARBITRATION

OCEDURE

Section

Definition

of a

Grievance

A grievance is a disagreement arising under and during

the

term of this Agreement. A grievance is limited to the

follo

wing

types of

disagr

eements:

1. Those between the Employer and any Employee

concerning their employment and the

inter

eta

tion

or application of this Agreement.

When more

than

one Employee has a grievance involving common

fact(s) and

provision(s),

the Union shall process

the

grievance on behalf of named and all similarly

situ

ated Employees. If the Employees in this group

from more than one academic unit, the grievance

shall be filed by the Union at Step Three of the

procedure outlined

belo

2. Those between the Employer and the Union

concerning the interpretation or application of this

Agr

eement on a question which is not an Employee

rie

ance.

Such grievances shall be filed at Step

Three of

the

procedure outlined

belo

3. A disagreement arising under and during the term of

this Agreement that proceeds under Article

XIX.G.,

“Alternate Appeal Process for Unsuccessful

emediation Reviews” shall not constitute a

grievance, and

the

grievance and arbitration

provisions set forth in this Article are not available to

resolve such a

disagr

ment.

4. If, under Article XIX.G., the Provost upholds

the

decision of the academic unit for

non-r

eappointment,

the Union may grieve the decision solely

and

exclusively on the grounds of an alleged procedural

violation of Article XIX.G. If such a grievance is

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

filed, and the matter proceeds to arbitration, the

authority

the arbitrator shall be limited to ordering

the

Provost to redo the process set forth in Article

XIX.G

Section B. Grievance Procedure

ules

1. An Employee is entitled to Union representation at

step outlined below at their request. An Employee

may also decline such representation. However,

the

Union will receive a copy of any written

answ

2. No Employee or Union representative shall be

penalized for initiating a grievance, or attending

meetings

any step.

3. Time limits on each step may be extended by

utual

consent of the

parties.

4. At any step of the process, grievances may be

with

drawn without prejudice

5. Only the Union can move a grievance to Step T

6. The parties may agree to waive Step One and/or

Ste

Two. Such agreement must be in

writing

7. Grievance hearings are not pub

lic.

8. Failure by the grievant or the Union, as applicable, to

meet any of the time limits of this procedure will

esult in a settlement based on the Employer’s last

answ

However, this shall not prejudice the position of

the

same or other Employees with respect to any

other separate grievance involving the same issue

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

tha

academic unit, or in any other academic

unit of

the

Univ

sit

Section C. Grievance

ocedur

The Employer and the Union agree that the

aniza

tional

and/or supervisory structures vary for each campus, and for

the schools and colleges on each campus. Therefore, the

titles

used in this section reflect a model of immediate

superviso

Department Chair, and Dean. In those cases

where

the

organizational and supervisory model/structure

does not fit this pattern, the parties recognize the need to

modify

the

process accordingly, with the intent of reducing,

and not increasing, the number of steps in the process.

1. Step One:

Initial discussions: An Employee or group of

Employees who believe the Agreement may have

been violated may discuss the issue with a supervisor

an effort to resolve the issue. Such discussion

should take place as soon as practicable following

easonab

knowledge of the facts giving rise to the

rie

ance.

Discussions between Employees and

supervisors relating to matters of contract

interpretation

encouraged but do not necessarily

constitute a

Ste

One grievance discussion. Any

resolution is

acceptable

as long as it does not violate

the provisions of this Agreement. Resolutions

reached at this step shall not establish a precedent for

the future interpretation or application of this

Agr

eement

2. Step T

If the matter is not resolved at Step One, the

rie

ance

may be submitted in writing to the Academic

Unit

Chair, Director, or equivalent, and the immedia

supervisor, if any, provided that the written

rie

ance

is submitted within sixty (60) days following

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

easonab

knowledge of the facts giving rise to the

grievance. The grievance shall be dated and signed by

the Employee or the Union representative and shall set

forth

the

facts,

including dates, the provisions of the

Agr

eement that are alleged to have been violated, and

the

emed

desired. Within fourteen (14) days of

submission of the written grievance, the Department

Chair

and

supervisor, if any, shall meet at a mutually

con

enient time and place with the Employee and the

Union representative(s), if any, in an attempt to resolve

the

grievance. The grievance answer will be sent to

the

parties, in writing, within fourteen (14) days of

the

meeting.

3. Step T

ee:

Grievances not resolved at Step Two may be

appealed in writing by the Union to both the Dean of

the

hool

or College, and the

designee(s)

of the

ost, within fourteen (14) days following issuance

of the

Ste

Two answer. Within twenty-one (21) days

receiving

timely notification, the

designee(s)

the Provost

and

the Dean shall hold a meeting at a

mutually con

enient time and place for discussion of

the grievance

with

representatives of the parties. The

Provost’s

and

Dean’s

designee(s)

shall send a written

answer to

the

parties within twenty-one (21) days

following this

meeting.

4. Expedited Processes:

a. Expedited Process 1:

For grievances that allege discrimination,

xual

harassment, or harassment as defined in

Article II., Non-Discrimination and Article

XXI.,

Harassment:

i. A grievance that alleges discrimination,

harass

ment or sexual harassment may be

initiated

Step Three provided it is submitted

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

writing

within ninety (90) days following

easonab

knowledge of the facts giving rise

to the

com

plaint.

ii. Unless otherwise agreed to by the parties,

the

designee(s)

of the Provost and Dean will

hold a Step Three meeting within fourteen

(14) days of submission. The meeting may

include relevant witnesses as determined by

each

part

iii. The Step Three written answer shall be sent

by the Provost’s and Dean’s

designee(s)

within

fourteen (14) days following this

meeting.

iv. If the Union is not satisfied with the

written

answer, the Union may choose to

proceed to arbitration as described in

Section F

belo

and shall so inform the

Employer in

writing

within fourteen (14)

days of receipt of

the

Step Three

answ

b. Expedited Process 2

Grievances involving dismissal under Article

XX.,

Discipline and Dismissal, will proceed

consistent with the procedures outlined in

paragraphs i.,

ii.,

and iii.

belo

Grievances involving

non-r

eappointment

following an unsuccessful major review, full

off

of an Employee with presumption of

renewal

or partial layoff of an Employee

resulting in a loss of eligibility for University

contributions to

health

insurance may, at the

option of the Union, be processed in accordance

with the

follo

wing

provisions or may begin at

Step Two of

the

grievance procedure, as

outlined in Section

C.2.

above. In such

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

instances, if the grievance is not resolved at

Step Two, the Union may appeal

the

grievance

to Step Three in writing within fourteen (14)

days of receiving the Step Two response,

and the matter will proceed in accordance

with

paragraphs ii. and iii.

belo

i. The grievance must be submitted by

the

Union at Step Three within forty (40) days

of the date of written notice of dismissal

under Article XX., non-reappointment

following

unsuccessful major review, full

layoff of

Employee with presumption of

renewal, or partial layoff of an Employee

resulting in

loss of eligibility for

University

contrib

utions to health insurance,

and shall set forth

the

facts, including dates,

the provisions of

the

Agreement that are

alleged to have been violated, and the

remedy desired.

ii. The

designee(s)

of the Provost and Dean

will

hold a Step Three meeting within

fourteen (14) days of submission. The

meeting

include relevant witnesses as

determined b

each

part

The Step Three written answer shall be sent

by the Provost’s and Dean’s

designee(s)

within

fourteen (14) days following this

meeting.

iii. If the Union is not satisfied with the

written

answer at Step Three, the Union may

choose to proceed to arbitration and shall so

inform the Employer in writing within

f ourteen (14) days of receipt of the Step

Three

answ

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

Section D. Arbitration

The Union may submit to arbitration a grievance that is

not resolved at Step Three provided that the

designee(s)

the

Provost receives written notice of intent to arbitrate

within

thirty (30) days following issuance of the Step

Three

answ

er except as provided in C.4. above. Such notice

shall

identify

the grievance and the

issue(s)

and set forth

the provisions of the Agreement involved and the remedy

desired.

Arbitra

tion

will proceed according to Sections E.

and F

Section

Selection

of the

Arbitrator

The following procedure shall apply to the selection of

arbitrator: Following the written notice to the

designee(s)

the

Provost, the Employer and the Union shall attempt to select

arbitrator. If the arbitrator is not selected within fourteen (14)

days following the receipt of the written notice, the parties

request the American Arbitration Association

(AAA)

to submit

list of five

(5)

qualified arbitrators, none of whom may be in

the employ of the Employer or the Union. If one

(1)

the

five

(5)

arbitrators on the list is not mutually agreeable,

the

arbitrator shall be selected from the list by alternately

striking

names. The first strike shall be determined by a coin flip. The

remaining name shall act as

arbitra

Section F. Provisions

for

Arbitration

Every grievance submitted to an arbitrator for decision shall be

subject to the following terms and conditions:

1. Either the Employer or the Union, or both, shall

notify

the arbitrator of selection and upon acceptance shall

forward to the arbitrator a copy of the grievance,

the

Employer’s response at Step Three, the Union notice of

intent to arbitrate and a copy of the Agreement. A

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

copy of this communication, except a copy of

the

Agreement, shall be sent to either the Employer or

the

Union, as the case may be. If the arbitrator does not

accept selection, the selection process shall be

peated

until an arbitrator has accepted selection.

2. Upon receipt of this communication, the

arbitra

tor

shall fix the time for hearing the issue or issues

submit

ted for decision. The hearing shall be held on

the

relevant campus (Ann Arbor, Flint, or Dearbor

unless

otherwise agreed by both the Union and

the

Employer. Grievances that are University-wide

nature will ordinarily be heard in Ann Arbor.

3. At the time of the arbitration hearing, both the

Employer and the Union shall have the right to

xamine

and cross-examine witnesses

4. Upon request of either the Employer or the Union,

or both, a transcript of the hearing shall be made

and

furnished to the arbitrator. The Employer and

the

Union shall have an opportunity to purchase their

copy. The party requesting the transcript shall bear

the

full cost of the arbitrator’s copy, unless it is mutually

quested. In such a case, the cost shall be shared

equall

5. At the close of the hearing, the arbitrator shall

afford the Employer and the Union a

easonab

opportunity to furnish briefs if either party

requests this opportunit

6. The jurisdictional authority of the arbitrator is defined

as, and limited to, the determination of any

rie

ance

as defined in Section A., submitted to them consistent

with this Agreement, and considered by them in

accordance with this

Agr

eement.

ARTICLE X: GRIEVANCE AND ARBITRATION PROCEDURE

7. The arbitrator shall not have any authority to add to

subtract from, or otherwise modify any of the

ter

clauses, or provisions of this

Agr

eement.

8. The arbitrator shall not have any authority to

substitute their judgment regarding any

academic

judgment made by the Employer. However,

the

arbitrator can rule on the impact of such

academic

judgments to the extent that the effects may

viola

the Employer’s obligations under this

Agr

eement.

9. The Employer and the Union shall share the fees

and

expenses of the arbitrator

equall

10. The expenses of, and the compensation for, each

and

every witness and representative for either the

Emplo

er or the Union shall be paid by the party

oducing the

witness or having the

presenta

tiv

11. The arbitrator shall render the decision in

writing

within thirty (30) days following the

hearing

12. The arbitrator’s decision, when made in

accor

dance

with the arbitrator’s jurisdiction and

authority

established by this Agreement, shall be final

and

binding upon the Employer, the Union, and

the

Employee or Employees

olv

ed.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

ARTICLE

APPOINTMENTS, MAJOR REVIEW, AND

RENEW

Section

General Conditions

1. All appointments to unit titles are

non-ten

e-track.

2. There are nine

(9)

titles to be used under this

Agr

eement:

Lecturer I

b. Lecturer II

c. Lecturer III

d. Lecturer

e. Adjunct Series

i. adjunct professor

ii. adjunct associate professor

iii. adjunct assistant professor

iv. adjunct lecturer

f. Intermittent Lecturer

3. The title of the Employee shall be determined by

the

academic unit in accordance with Section B.

belo

Lecturer IIs and Lecturer IVs as defined below

“presumption of renewal,” which is defined as

the

expectation of recurring work provided that there is

instructional need and budgetary support within

the

academic unit and that the Employee’s

perfor

mance

meets the standards established by the academic

unit,

consistent with Article XIX., Performance

alua

tion.

Except as otherwise provided in Article

XII. B.4., B.5, and E.4., Employees with presumption

of renewal

will

be laid off only after Employees

without presumption of renewal and will be recalled

from layoff

sta

tus before Employees without

presumption of

renewal.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

5. The appointment effort initially offered for the first

year of any multi-year appointment will

estab

lish

the

percentage of effort anticipated for the

entir

appointment period and be based on previous patterns

of appointment. When the actual appointment exceeds

the initial appointment for a period of four (4)

semesters within the appointment period or four (4)

consecutive semesters, the parties will meet in special

conference, at the request of the Employee, to

determine whether a revised appointment letter is

needed. In the event of a reduction

effort between

appointments, the relevant provisions of Article XII.,

Layoff, Reduction in Appointment

ort,

and Recall,

will apply. In the event of an

additional

assignment

which is subsequently cancelled after

the

late

cancellation deadlines provided in Article

XII.B

.5.,

C.2., C.3., and C.4., the Employee will not be placed

layoff status, but will receive the

appropriate

compensation provided in Article XII.D

No Employee who held the Lecturer III or IV title

of June 30, 2018 shall be reclassified solely as a

esult

of the definitions in Section B.

belo

7. The Employer shall not engage in activities or

estab

lish

practices and/or programs for the purpose of

den

ying

access to reappointment, major review, or presumption

renewal.

8. If an academic unit posts a Lecturer III position in

accordance with Article XXVII., Posting, Hiring, and

Notification, the academic unit will notify all

Employees in the academic unit (including those on

layoff) of the posting. Any qualified Employee shall be

considered for the position, should they apply, just

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

like any other applicant. If an Employee meets all of

the minimum qualifications for a position, the

Employee will receive an interview. If an Employee in

the academic unit applies for the Lecturer III position

and is not selected, the academic unit will, upon

request from the Employee, provide a written

explanation why the application was unsuccessful.

9. Breaks in service due to layoff (Article XII.,

off

Reduction in Appointment Effort, and Recall) or

leaves of absence (Article XXXI., Leaves of Absence

Without Pay) will not be regarded as an

inter

ruption

continuous service as used in this Article. Except

specified in B.1.h. below, time spent on full lay-off or

leave of absence shall not count towards the semesters

necessary for an interim review, major

views, or

continuing reviews

. At the agreement of both parties,

Employees may be reviewed while on full

lay-of

status or while on a leave of absence as specified

Article XXXI., Leaves of Absence Without Pay. For

specific provisions regarding the effect of an

initial

winter hire, layoff, or leave of absence on time

towards major review, see B.1.h.

belo

10. In certain academic units where spring

and/or

summer

teaching form part of the regular

cur

riculum,

spring and/or summer teaching for a full

our

-month

period shall count as semesters towards

views

Regular spring or summer semester employment

can

take the place of a fall or winter semester as outlined

in B.1.h.iii. below. A maximum of two semesters

be accrued toward review in any given academic

ear

The provisions of this paragraph are limited to

the

following academic

units:

Ann Arbor School of Nur

sing

See also Article XXVII.A.2 for more on Lecturer III Postings.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

Ann Arbor School of Social Work

Ann Arbor School of

Education

Ann Arbor School of Business

Section B. Description

of Unit Title

visions

1. Lecturer I

a. A Lecturer I appointment is primarily for

the

teaching (and its related duties) of

assigned courses. There is no requirement of

any

additional

duties or responsibilities with

this

appointment.

b. By mutual agreement between the

Lecturer

and the academic unit, the

Lecturer I

on an occasional basis

perform

additional

duties or

responsibilities. These

additional

duties or

responsibilities may or may not be for

compensation and may or may not be

considered in the review process as agreed

upon by both

parties.

c. Lecturer Is are appointed for periods of one

(1) or more semesters, in accordance with

.1.g;

however, appointments in the Lecturer I

title shall be for a one-year appointment if the

academic unit anticipates that there will be

work for both the fall and winter semesters

and if the lecturer has taught for two

consecutive semesters. Lecturer Is may be

appointed in the Lecturer I title until the

successful completion of a major

vie

d. A Lecturer I appointment does not carry with

the presumption of renewal or the expectation of

additional appointments. However, as provided

Article XII., Layoff, Reduction in

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

ppointment Effort, and Recall, non-

reappointment of

Lecturer I may result in a

off

e. The non-reappointment of a Lecturer I for

failure to meet the academic unit’s

perfor

mance expectations is a termination, and

the Employee will not be placed on layoff

status.

When

Lecturer I is not reappointed for

perfor

mance reasons, the Employer will

provide same-day written notice to the

Employee and the Union stating the specific

reason(s)

for the decision. Upon request, within

three weeks,

the

academic unit will provide

additional

ele

ant

information to the Union

regarding

the

termina

tion.

f. Following initial appointment as a Lecturer I, b

later than the end of the fifth semester (i.e.

fall

or winter) of appointment, the academic unit

shall conduct an interim review of the Lecturer I,

provided for in Article

XIX.C.

g. Appointments in the Lecturer I title subsequent

to passing the interim review shall be in a

one-

year appointment if the unit anticipates that

there will be work for both the fall and winter

semesters.

h. Time toward major

view:

i. A Lecturer I shall be eligible for

major

review, as set forth in XI.B.2.d. below,

when they have worked for

eight

(8)

consecutive fall and winter semesters

an academic unit, or when they

have

worked at least eight

(8)

of the last ten

(10) fall and winter semesters in an

academic

unit,

whichever occurs first, or

as provided for

A.10.

abo

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

ii. If the eighth semester referenced in (i) above

occur

during a winter semester, the Lecturer

I shall undergo major review in that winter

semester. If the eighth semester referenced in

(i)

abo

occurs during a fall semester, the

Lecturer I shall undergo major review either

then or during the following winter semester

hic

h they are appointed, as agreed upon

by both

parties.

iii. For those Employees covered by Section

A.10. above, if the eighth semester occurs

during

spring and/or summer semester, the

Lecturer I shall undergo a major review

either then or during the following fall or

winter semester

which they are appointed,

as agreed upon by both

parties.

iv. Any change to the Lecturer title resulting

from

major review of a Lecturer I shall

take effect on the first of September

following completion of the major

vie

v. Any change in salary resulting from a

major

review of a Lecturer I shall take

effect on the first of September following

the

eighth

semester of

teaching

vi. If a Lecturer I was placed on a

non-

discretionary leave of absence in

accor

dance

with Article XXXI.B., for one

(1)

or more

semesters during the ten (10) semester period

referenced in (b) above, the parties will meet

Special Conference to discuss the

Employee’s major review schedule.

i. Except as provided in Article XIV., Provisions for

Special Case Appointments, a Lecturer I

meets the time towards review requirements

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

only continue appointment eligibility as a Lecturer

II, after successfully completing a major review

described in 2.d. below (except as provided for

B.2.d.ii.c. below).

j. Decisions regarding reappointment shall

be completed and announced prior to April

30 for reappointment in the following

Septembe

Decisions regarding

reappointment shall be completed and

announced prior to December 5 for

reappointment in the following

Januar

2. Lecturer II

a. A Lecturer II appointment has presumption of

renewal and is primarily for the teaching

(and its related duties) of assigned courses.

There is no requirement of any additional

duties or responsibilities with this

appointment.

b. By mutual agreement between the Lecturer II and

the academic unit, the Lecturer II

on an

occasional basis perform

additional

duties or

responsibilities. These

additional

duties or

responsibilities may or may not be for

compensation and may or may not be considered

in the review process as agreed upon by both

parties.

c. Decisions regarding course assignments

and/or

layoff shall be completed and

announced prior to April 30 for the following

academic

ear

d. Initial Major

view

i. Initial Appointment as a Lecturer II:

Lecturer Is who have held appointments for

eight (8) consecutive fall and winter

semesters or

described in XI.B.1.h above

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

shall undergo

major review consistent with

the

alua

tion

procedures in Article XIX.,

Performance Evaluation, for appointment as a

Lecturer II with presumption of renewal.

This

major

review will take place prior to the

end of

the

eighth consecutive semester of

service,

again, as described in XI.B.1.h.

above

and

shall be completed and decisions

announced prior to April 1 for reappointment

the

following September as a Lecturer II.

ii. There are three

(3)

possible outcomes from

the

initial major

view:

a. Successful completion of the initial

major

review shall create a presumption

of renewal and a three-year appointment

the Lecturer II

title

b. If the Lecturer I’s major review is

unsuccessful, the Lecturer I will not be

reappointed beyond the academic year

which the major review takes place

and

will receive notification of

termina

tion.

Where

a Lecturer I’s performance does

not meet the standards for successful

completion of the major review, at

the

discretion of the academic unit,

the

Lecturer I may be appointed for up to

two (2)

additional academic years as a

Lecturer I with a remediation plan,

consistent with the specifications set

forth in Article XIX.E.6-8, and

another major review consistent with

the specifications set forth in Article

XIX.D.7. Successful completion of

the major review following

remediation shall create a

presumption of renewal and a three-

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

year appointment

the Lecturer II title.

e. Second Major

view

i. A Lecturer II shall be reviewed in the

final

year of their three-year appointment.

The

major

review shall be completed

and

decisions announced prior to April 1 for

renewal in the following Septembe

ii. If a Lecturer II is placed on full lay-off

during

the term of their three-year

appointment and is subsequently recalled,

the parties

will

meet in Special Conference

to discuss

the

Employee’s major review

schedule. If a

lea

of absence of up to one

(1)

year in

dura

tion

is granted to a Lecturer

II, the academic

unit

will extend the Lecturer

II’s appointment by

period of one

(1)

academic year, and the

major

review will

take place in the final year of

the

extended

appointment. In case of a

longer leave

absence, the parties will meet

in Special

Conference to discuss the Employee’s major

review schedule.

iii. There are two

(2)

possible outcomes from

the

second major

view:

a. Successful completion of the Employee’s

second major review shall result in

renewal

for an additional five

(5)

academic

ear

b. If the Employee’s second major review

is unsuccessful, the Employee will be

giv

one-year terminal appointment,

the academic unit’s discretion a

o-y

ear

terminal appointment, during

either of which the academic unit shall

conduct another major review. In the

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

event of a terminal appointment, the

academic unit will work with the

Employee to develop a written

remediation plan, consistent with the

specifications set forth in Article

XIX.E.6-8, and another major review

consistent with the specifications set

forth in Article XIX.D.7. If the Lecturer

II fails

the major

review following

remediation in the terminal

appointment, the Lecturer II’s

appointment shall end at the end of

the

terminal appointment.

f. Continuing

views

i. Lecturer IIs who have successfully

completed two major reviews will undergo

contin

uing

review in accordance with

Article XIX.E., prior to the conclusion of

their five-year appointment following the

second major review and occurring every

seven (7) years thereafter. Such reviews

shall be completed and decisions announced

prior to April 1 for renewal

the

following

Septembe

ii. There are two

(2)

possible outcomes from

the

continuing

view:

a. Successful completion of the first

contin

uing

review shall result in an

ongoing appointment subject to a

continuing review every seven (7) years

If the Employee’s continuing review is

unsuccessful, the Employee

will

given a one-year terminal

appointment,

or at the academic unit’s discretion

two-year terminal appointment,

during

which time the Employee will under

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

remediation in accordance with Article

XIX.E and XIX.F. Successful

completion of the remediation review

shall

esult in an ongoing appointment

subject to continuing reviews every

seven (7) years.

c. If the remediation

view

unsuccessful, the Employee will not be

reappointed beyond the

emedia

tion

period.

3. Lecturer III

a. A Lecturer III appointment is for an ongoing

position that includes instruction and significant

ongoing administrative or service duties within the

academic unit or as assigned by the academic unit;

and/or requires a range of instructional expertise.

b. A Lecturer III’s initial appointment(s) may be

made on an annual basis or a multi-year basis

for up to but no more than four

(4)

years of

service

c. A Lecturer III appointment does not carry with

the presumption of renewal or the expectation of

additional appointments. However, as provided

Article XII., Layoff, Reduction in

ppointment Effort, and Recall, non-

reappointment of

Lecturer III may result in a

off

d. The non-reappointment of a Lecturer III for

failure to meet the academic unit’s

perfor

mance expectations is a termination and

the Employee will not be placed on layoff

status, except

provided in d.i. below.

When

Lecturer III

not reappointed for performance

reasons,

the

Employer will provide same-day

written notice to the Employee and the Union

stating the specific reasons for

the

decision.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

Upon request, within three weeks, the academic

unit

will

provide additional relevant

information to

the

Union regarding the

termina

tion.

i. If the Lecturer III is a former Lecturer II in

the academic unit who fails to meet

the

academic unit’s performance

xpecta

tions

of the Lecturer III position prior to or at

the

time of the interim review, the

Employee shall retain their presumption of

renewal

as a Lecturer II. If the Lecturer II

position previously held by the Employee

is no

longer

available, the former Lecturer

II may be placed on layoff as a Lecturer II.

e. Following initial appointment as a Lecturer III,

no later than the end of the fifth semester of

appointment, the academic unit shall conduct

interim review of the Lecturer III, as provided

for in Article

XIX.C. In LSA, Ann Arbor, the

interim review will occur no later than the end

of the fourth semester (see MoU #1).

f. Unless otherwise specified in Article

Provisions for Special Case Appointments,

Lecturer III appointed for four

(4)

academic

ear

may only continue appointment eligibility,

Lecturer IV, after successfully completing a

major

review as described in 4.b.

belo

g. Decisions regarding the reappointment of

Lecturer III during the first four

(4)

years of

appointment shall be completed and announced

prior to April 1 for reappointment in the

follo

wing

Septembe

At the agreement of both parties

, Lecturer IIIs

may be reviewed while on full layoff status or

while on a Leave of Absence

specified in

Article XXXI., Leaves of Absence Without Pay.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

If a Leave of Absence of up to one

(1)

year in

duration is granted to a Lecturer III, the

academic unit will extend the Lecturer III’s

appointment by a period of one (1) academic

ear

and the major review will take place in

the

final

year of the extended

appointment.

i. The parties shall meet in Special Conference to

determine the review schedule of any Lecturer III

whose initial date of hire or leaves of absence

raise questions about the timing of the major

vie

4. Lecturer

a. A Lecturer IV appointment has presumption of

renewal and is for an ongoing position that

includes instruction and significant ongoing

administrative or service duties within the

academic unit or as assigned by the academic unit;

and/or requires a range of instructional expertise.

b. Initial Major

view

i. Initial Appointment as a Lecturer

Lecturer IIIs who have held appointments for

up to but no more than four

(4)

academic

ear

shall undergo a major review consistent

with

the

evaluation procedures in Article

XIX.,

Performance Evaluation, for

appointment

a Lecturer IV with

presumption of

renewal.

This major review

and decision will take place during the last

year of employment

the Lecturer III title

and shall be completed and decisions

announced prior to April 1 for reappointment

in the following September

a Lecturer

For the major review of Lecturer IIIs in the College of Literature, Science, and the Arts,

please refer to Memorandum of Understanding #1.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

ii. There are two

(2)

possible outcomes from

the

initial major

view:

a. Successful completion of the

initial

major review shall create a

presumption of renewal and an

appointment in

the

Lecturer IV title.

The first appointment

a Lecturer IV

will be for a period of

thr

(3)

ear

b. If a Lecturer III’s major review is

unsuccessful, the Lecturer III shall be

given a one-year, or at the discretion of

the academic unit, a

o-y

ear

terminal

appointment. The Lecturer III’s

appointment will end at the end

of this appointment. At its

discretion, the academic unit may provide

the

Lecturer III with a remediation plan

consistent with the specifications set forth

in Article XIX.E.6-8, and conduct another

major review at the end of the remediation

plan consistent with the specifications set

forth in Article XIX.D.7. Successful

completion of the major review

following remediation shall create a

presumption of renewal and a three-year

appointment

the Lecturer IV title. If

the Lecturer III fails a major review

following

emedia

tion in the terminal

appointment,

the Lecturer III’s

appointment will end at the end of the

remediation appointment

c. Second Major

view

i. A Lecturer IV shall be reviewed

during

the final year of their

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

appointment.

Evaluations shall be

completed and decisions announced

prior to April 1 for renewal

the

ollowing Septembe

ii. There are two

(2)

possible outcomes

from

the

major review

alua

tion:

a. Successful completion of the

major

view

shall result in

renewal for an

additional

five

(5)

academic

ear

b. If the Employee’s second major

review is unsuccessful, the

Employee shall be

giv

a one-

year terminal appointment, or

the academic unit’s discretion a

o-y

ear t

erminal appointment,

during either of which the

academic unit shall conduct

another major review. In the

event of a terminal appointment,

the academic unit will work with

the Employee to develop a

written remediation plan

consistent with the specifications

set forth in Article XIX.E.6-8,

and another major review

consistent with the specifications

set forth in Article XIX.D.7. If

the Lecturer IV fails

the

major

review following remediation in

the terminal appointment, the

For the major review of Lecturer IVs in the College of Literature, Science, and the Arts,

please refer to Memorandum of Understanding #1.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

Lecturer

IV’

appointment shall end

at the end of

the terminal

appointment.

d. Continuing

views

i. Lecturer IVs who have successfully

completed two major reviews will undergo a

contin

uing

review in accordance with

Article XIX.E., prior to the conclusion of

their appointment and occurring every

seven (7) years thereafter.

Such

reviews

shall be completed and decisions announced

prior to April 1 for renewal

the

following

Septembe

ii. There are two

(2)

possible outcomes from

the

continuing

view:

a. Successful completion of the first

contin

uing

review shall result in an

ongoing appointment subject to

continuing reviews every seven (7)

years

b. If the Employee’s continuing review

is unsuccessful, the Employee

will

given a one-year terminal

appointment,

or at the academic

unit’s discretion

two-year terminal

appointment,

during

which time the

Employee will under

remediation

in accordance with Article XIX.E.

and XIX.F. Successful completion of

the remediation review shall

esult in

an ongoing appointment subject to

continuing reviews every seven (7)

years.

c. If the remediation

view

unsuccessful, the Employee will not

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

be reappointed beyond the

emedia

tion

period.

iii. At the agreement of both parties, Lecturer

IVs may be reviewed while on full layoff

status or while on a leave of absence as

specified in Article XXXI., Leaves of

Absence Without Pay. If a leave of absence

of up to one

(1)

year in duration is granted to

Lecturer IV on a multi-year appointment,

the

academic unit will extend the Lecturer

IV’

appointment by a period of one

(1)

academic

year, and the review will take place

in the

final year of the extended appointment.

In case of a longer leave of absence, the

arties

will meet in Special Conference to

discuss

the

Lecturer’s review schedule.

5. Adjunct Titles

a. A University employee who holds a regular

non-

instructional title at 50% or greater and who is

appointed to teach a course or courses may be

appointed in an adjunct title provided that the

appointments are interdependent and not

para

te.

Employees with adjunct appointments are not

eligible for presumption of renewal. In

addition,

University employee who holds a

full-time

(100%) regular non-instructional title and who is

subsequently appointed as an Employee may be

appointed in an adjunct title, as determined b

the

academic

unit.

b. An Employee appointed in an adjunct title

shall, upon written request, undergo a review

after

their fifth year of service in an

adjunct

appointment. If the review is successful,

the

Employee in an adjunct title will receive a

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

lump-

sum payment as set forth in Article XV.,

Salar

c. An Employee appointed in an adjunct title

shall, upon written request, undergo a second

view

after their ninth year of service in

adjunct appointment. If the review is

successful, the Employee in the adjunct title

will receive

lump-sum payment as set forth in

Article

Salar

6. Intermittent Lecturer

a. An Intermittent Lecturer is one who teaches one

or more regularly occurring courses as an

ongoing part of the academic

cur

riculum, but

typically one

(1)

semester per academic year.

For this group of Employees, one

(1)

semester or

less per academic year is the regular

appointment pattern and not the result of layoff

due to lack of

instructional/programmatic

need

or b

udgetar

support.

b. An Intermittent Lecturer shall, upon

written

request, undergo a review after their

fifth year

of service.

If the review is successful, the

Intermittent Lecturer will

eceiv

a raise as set

forth in Article XV.,

Salar

c. An Intermittent Lecturer shall, upon

written

request, undergo a second review after their ninth

year of service. If the review is successful, the

Intermittent Lecturer will receive

raise as set

forth in Article XV.,

Salar

7. Special Conference Cases

Notwithstanding the specific years-of-service or

semesters-of-service requirements for an

alua

tion

for

renewal, there may be Employees who do not meet

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

those requirements but could be eligible for such

evaluation due to the pattern of their employment with

the University. The parties will meet in

Special

Conference to determine such Employees’

eligibility

for a major review and presumption of

renewal.

8. Working Titles

An Employee may continue to use a title held prior to

September 1, 2018 as a working

title

9. Grievability and

Arbitrability

a. No Employee shall be denied reappointment or

renewal following an unsuccessful major

view or continuing review

unless:

i. The Employee’s major review or

continuing review was conducted in

conformity with all provisions of Article

XIX., Performance

alua

tion;

ii. The Employee was informed of the

reason(s) for non-reappointment and given

opportunity to respond;

iii. The academic unit applied

standar

procedures, and policies for major

view

evenhandedly and without

discrimination;

iv.

The primary emphasis was on the current

period of

appointment; however, the

overall record of the Employee

in u

nit

title positions may be considered

b. Allegations of procedural violations of this

Article shall be subject to the full grievance

and

arbitration provisions of Article X.,

Grie

ance

and Arbitration Procedure. An

arbitra

tor

reviewing procedural violations

shall have

the

authority to order the Employer

to redo

the

procedure.

ARTICLE XI: APPOINTMENTS, MAJOR REVIEW, AND RENEWAL

c. An arbitrator shall not have the authority

to substitute their judgment for the Employer’s

judgment with respect to programmatic need,

instructional need, or academic qualifications,

or to compel the Employer to make or continue

appointment or assign an Employee to a

particular

cour

se/assignment.

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

ARTICLE

XII

LAYOFF, REDUCTION IN APPOINTMENT EFFO

AND

RECALL

Section A. Definitions

1. As used in this Article, the term “layoff” shall include both

full layoff and partial layoff.

2. A full layoff is an involuntary separation from employment

that occurs during the term of an appointment or between

appointments because of budgetary considerations,

programmatic change, or lack of work in an academic unit.

3. A partial layoff is an involuntary reduction in the percentage

of effort (including a reduction in the anticipated percentage

of effort for a multi-year appointment under Article XI.A.5.)

that occurs during the term of appointment or between

appointments because of budgetary considerations,

programmatic change, or lack of work in the academic unit.

4. Seniority is a number calculated as the sum of the total

number of semesters and the sum of all fractional

appointments (pro-rated for any period of employment of less

than a full four-month semester) that the Employee has

worked for the academic unit.

a. Spring/summer terms will be counted the same as a

fall or winter semester.

b. In a situation where seniority is the same for two or

more Employees, the Employee with more full-time

service in the academic unit shall receive preference.

c. An Employee will not lose seniority rights because

of a layoff or leave of absence as provided for under

Article XXXI., Leaves of Absence Without Pay.

d. For Employees with specified joint appointments in

more than one academic unit, the semesters of

employment and appointments in those units count

toward the calculation of an Employee’s seniority

factor.

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

e. The Employer shall calculate and maintain a record

of the seniority for each Employee, including those

on layoff. Furthermore, the Employer shall provide

the Union and each school or college with an updated

electronic list of said Employees and their seniority

on August 15th, November 15th, and March 15th of

each academic year. In circumstances potentially

involving Employees with seniority accrued prior to

Spring Term 1987, academic units making seniority-

based decisions will be responsible for determining

the total amount of seniority in the academic unit (i.e.

including seniority accrued prior to Spring Term

1987) for the specific individual(s) under

consideration for a seniority-based decision, and for

appropriately applying it in related decision-making.

Section B. Procedure for Layoff

1. Consistent with the provisions of this Agreement, the

Employer will identify Employees to be laid off.

2. Except as provided in B.5. below, the order of layoff for

Employees within each specific title in the academic unit

shall be on the basis of expertise, ability, and performance

relevant to the assignment in question.

Expertise, ability, and performance relevant to the

assignment in question will be assessed based on a review of

relevant factors which may include, but are not limited to:

a. Employee’s experience in teaching the course(s) in

question, or closely related course(s)

b. Command and delivery of the subject matter

c. Plan and design of course material

d. Currency in the subject matter and teaching methods

e. Relevant education, training, and experience

f. Compatibility of the Employee’s plan and design of

course material and teaching methods with the

academic unit’s pedagogical approach.

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

3. When there is no substantial difference in the degree of

expertise, ability, and performance relevant to the assignment

in question between two or more Employees within a specific

Lecturer title, the order of layoff shall be in inverse order of

seniority.

4. Except as provided in B.5. below, in the event that the layoff

may involve Employees in different titles, the following will

apply:

a. A Lecturer II will not be subject to layoff before

a Lecturer I, or Intermittent Lecturer, except:

i. as specifically provided for in Article

XIV., Provisions for Special Case

Appointments; or

ii. when the Employer can demonstrate a

clear and convincing case that the

Lecturer I’s or Intermittent Lecturer’s

expertise, ability, and performance

relevant to the assignment in question

exceeds that of the Lecturer II.

b. A Lecturer IV will not be subject to layoff before

a Lecturer III except

i. as specifically provided for under Article

XIV., Provisions for Special Case

Appointments; or

ii. when the Employer can demonstrate a

clear and convincing case that the

Lecturer III’s expertise, ability, and

performance relevant to the assignment

in question exceeds that of the Lecturer

IV.

c. A Lecturer III/IV may be retained over a

Lecturer I/II, or Intermittent Lecturer, in the

situation where the affected Lecturers have all

taught the course.

5. If the date of the notice of layoff is on or after the first day of

classes of the semester for which the layoff applies, the

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

academic unit may determine the order of layoff in accordance

with the provisions of B.2., B.3., and B.4. above, or by the actual

section or course cancellation (i.e. those Employees assigned to

cancelled course(s) or section(s) could be selected for layoff).

Section C. Notice

1. Employees shall be given written notice of the effective date

of any layoff, as soon as possible after the decision is made.

The notice provided by the Employer shall include the basis

for its decision, including which of the provisions in B.2-B.4

above were used in determining the layoff. The notice shall

include the language in Section F. below regarding benefits

coverage.

2. Lecturer Is and Intermittent Lecturers will receive notice of

layoff no later than April 30 for the subsequent fall semester,

and by no later than December 5 for the subsequent winter

semester.

3. Lecturer IIs will receive notice of layoff no later than April

30 for the subsequent academic year beginning September 1.

4. Lecturer IIIs and Lecturer IVs will receive notice of layoff no

later than March 31 for the subsequent academic year

beginning September 1.

5. When the Employer notifies the Employee of the layoff, the

Employer shall, in a timely manner, provide to the Union a

copy of the written notice of layoff provided to the Employee

pursuant to Section C.1. above. Upon request, the Employer

will, within seven (7) calendar days, provide additional

relevant information to the Union regarding the layoff.

6. When the Employer notifies the Employee of the layoff, they

will provide access to information regarding benefits

information, services and resources for Employees on layoff,

including internal and external resources to aid with

searching for a new position including opportunities outside

of the bargaining unit.

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

Section D. Compensation

1. Should the Employer fail to provide timely notice to

Employees covered by C.3. and C.4. above, and subject to

D.2. below, the Employee shall be provided with pay equal to

17% of the salary the Employee would have received for the

section or course that was cancelled.

2. Intermittent Lecturers and Lecturer Is, IIs, IIIs, and IVs who

are laid off under the provisions of B.5. above for the fall or

winter term shall be provided pay equal to 25% of the salary

the Employee would have received for the section or course

that was cancelled.

3. Lecturer Is and Intermittent Lecturers who are laid off after

December 20 for the winter term, or after August 15 for Ann

Arbor and August 25 for Flint and Dearborn for the fall term,

shall be provided pay equal to 17% of the salary the

Employee would have received for the section or the course

that was cancelled.

4. Spring/summer Appointment Cancellation Fee: Lecturers I,

II, III and IV and Intermittent Lecturers

who do not receive

notice of appointment cancellations for a spring, summer or

spring/summer appointment at least five calendar days before

the first day of classes in the semester covered by the

appointment shall be provided pay equal to 17% of the salary

the Employee would have received for the portion of the

appointment that was cancelled.

Section E. Recall

1. Except as provided in E.2. below, the duration of layoff

status shall be limited to two (2) years for those who

have been appointed at least five (5) semesters but less

Adjunct Lecturers who receive notice of appointment cancellation for a Spring, Summer,

or Spring/Summer appointment on or after the first day of classes in the semester covered

by the appointment may be provided pay equal to 17% of the salary the Employee would

have received for the cancelled appointment if the Adjunct meets the eligibility

requirements set forth in MoU #5, Section 3.b.3

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

than eight (8) and three (3) years for those appointed for

eight (8) or more semesters from the effective date of the

layoff. Any reduction in effort, whether within a single

appointment or between two (2) appointments, shall not

entitle an Employee to more years of layoff status than

stated above.

2. The following provisions apply to Lecturer Is and

Intermittent Lecturers:

a. Lecturers I and Intermittent Lecturers first

appointed on or after September 1, 2013 who are

not reappointed for a third semester due to lack

of work, programmatic change, and/or budgetary

considerations will have neither layoff nor recall

rights.

i. Notice of non-reappointment due to lack

of work, programmatic change, and/or

budgetary considerations will be provided

in writing (email will suffice) and in

accordance with timelines applicable for

notices of layoff outlined in Section C.

above.

ii. Should the Employer fail to provide

timely notice of non-reappointment due

to lack of work, programmatic change,

and/or budgetary considerations to any

Lecturers in accordance with the

timelines described in Sections D.2. and

D.3. above, the Lecturer will receive the

corresponding pay as late non-

reappointment cancellation fee.

iii. An Employee who receives notice of

non-reappointment due to lack of work,

programmatic change, and/or budgetary

considerations under this section may

request that the appointing academic unit

provide additional information relative to

the non-reappointment decision. Any

such request must be in writing (email

will suffice), sent within thirty (30) days

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

of the date of the notice of non-

reappointment, and addressed to the

Chair or Director of the appointing

academic unit. The appointing academic

unit will respond in writing within

fifteen (15) days of the date of the

receipt of the request.

b. For a Lecturer I or Intermittent Lecturer who has

been appointed for at least three (3) semesters but is

laid off prior to being appointed for a fifth semester,

the duration of layoff status shall be limited to one

(1) year from the effective date of the layoff, and

recall rights may be exercised during this period.

3. The order of recall for Employees on layoff within each

specific Lecturer title within the academic unit shall be based

on expertise, ability, and performance relevant to the

assignment in question. Expertise, ability, and performance

relevant to the assignment in question will be assessed based

on a review of relevant factors which may include, but are

not limited to, those factors set forth in Section B.2. of this

Article. When there is no substantial difference in the degree

of expertise, ability, and performance relevant to the

assignment in question between two (2) or more Employees

within the specific Lecturer title, the order of recall shall be

in order of seniority.

4. In the event that recall may involve Employees in different

titles, the following will apply:

a. A Lecturer II will be recalled before a Lecturer I or

Intermittent Lecturer except

i. as specifically provided for in Article XIV.,

Provisions for Special Case Appointments;

ii. when the Employer can demonstrate a clear

and convincing case that the Lecturer I’s or

Intermittent Lecturer’s expertise, ability, and

performance relevant to the assignment in

question exceeds that of the Lecturer II.

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

b. A Lecturer IV will be recalled before a Lecturer III

except

i. as specifically provided for in Article XIV.,

Provisions for Special Case Appointments;

ii. when the Employer can demonstrate a clear

and convincing case that the Lecturer III’s

expertise, ability, and performance relevant

to the assignment in question exceeds that of

the Lecturer IV.

c. A Lecturer III/IV may be recalled before a Lecturer

I/II or Intermittent Lecturer in the situation where the

affected Lecturers have all taught the course.

d. When no Employees eligible for recall have

presumption of renewal, the Employer may consider

applications from external candidates. In the case of

internal candidates not covered by E.2. above, an

external candidate may be selected for the available

position if the external candidate’s expertise, ability,

and performance relevant to the assignment in

question exceeds that of the internal candidate.

5. Whenever possible, all Employees on layoff status will be

notified via U.S. mail and/or electronic mail by the academic

unit and given an opportunity to apply for appointment

opportunities. It is the responsibility of the Employee on the

layoff status list to provide current contact information to the

academic unit and current application materials.

6. If an Employee rejects an offer of recall and provides written

notice of the rejection with the reason(s) for the rejection to

the academic unit in a timely manner, the Employee’s layoff

status will continue, and the Employee will be given the same

rights to notice and opportunities for recall while on layoff

status as the Employee had prior to rejecting the offer. If the

Employee rejects the first offer of recall, but does not provide

written notice as described above, the academic unit is under

no obligation to offer the Employee another recall

opportunity. If an Employee rejects offers of recall in any

ARTICLE XII: LAYOFF, REDUCTION IN APPOINTMENT EFFORT, AND

RECALL

three (3) separate semesters while on layoff status, the

academic unit is under no obligation to offer the Employee

another recall opportunity.

7. Individuals on full layoff with recall rights who apply for an

open position within the bargaining unit and meet the

required qualifications will be guaranteed an interview. This

guarantee will last for the duration of the Employee’s full

layoff as defined above. For individuals on partial layoff, the

Employee must contact the HR representative from the area

in which they received their layoff to notify them of the

application to the open position in order to guarantee an

interview if the Employee meets the required qualifications.

Individuals who are on full layoff are also encouraged to

contact their HR representative if they apply for open

positions within the bargaining unit.

Section F. Benefit Coverage

Employees placed on layoff status will have the same access to

general University facilities as Employees not on layoff. For

example, Employees may visit and use libraries with regular

borrowing privileges, museums, galleries, and special collections

Employees may participate in campus parking, recreational sport

facilities, and obtain athletic tickets after meeting specific fee

requirements. Additionally, Employees on layoff may have full

use of the bus and email systems.

Under certain circumstances, Employees on partial layoff may be

eligible for Employer health insurance contributions under the

Employer Shared Responsibility provisions of the ACA; for more

information, the Employee should contact the Benefits Office.

An Employee may also continue health and dental coverage

(COBRA) until the end of the 18th month following the month

the layoff became effective, provided the Employee remits

payment of the full premium in advance as prescribed by the

Employer.

ARTICLE XIII: DISCONTINUANCE OF PROGRAMS

ARTICLE XIII

DISCONTINUANCE OF

OGRAMS

In the event of the discontinuance of an academic pr

ogram,

the Employer will provide as much advance notice as

possible to all affected Employees. Article XII., Layoff,

Reduction

Appointment Effort, and Recall, will be

initiated for all

fected Employees. Prior to the effective

date of the layoff,

Emplo

ees

their request shall be placed

on the recall list of one (1) academic unit on the affected

campus per the provisions of Article XII., Layoff, Reduction

in Appointment

ort,

and Recall, if it is determined by the

academic unit that

the

Employee’s qualifications meet the

prevailing standards for employment in that academic

unit.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

ARTICLE

XIV

PROVISIONS FOR SPECIAL CASE APPOINTMENTS

Section A. Appointment of Employees to Endowed Positions

1. The term “Endowed Position” means a bargaining unit

position that is funded by external (i.e. non-University)

sources, and is generally governed by a separate agreement

between a donor and the academic unit that sets the terms of

the position. The position is for a fixed duration not to exceed

five (5) years. The Employee selected for the Endowed

Position will be appointed in a LEO title and may carry an

honorific title that may be used as a working title.

2. The Employer will provide the following information to the

Union when it appoints an Employee to an Endowed Position:

name of the Employee, title of the Endowed Position,

appointing academic unit, duration of the appointment, and

notice if posting was waived.

3. The provisions of Article XXVII.A., Posting, shall not apply

to Endowed Positions.

4. The provisions of Article XII., Layoff, Reduction in

Appointment Effort, and Recall, shall not apply to Endowed

Positions.

5. An Employee in an Endowed Position may not be displaced

by another Employee who is subject to layoff or reduction in

effort under Article XII.B., Procedure for Layoff.

6. An Employee in an Endowed Position is eligible for the

unpaid leaves of absence set forth in Article XXXI.,

irrespective of the bargaining unit title held by the Employee.

7. An Employee in an Endowed Position may be given a multi-

year appointment, irrespective of the bargaining unit title held

by the Employee.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

8. While in an Endowed Position, an Employee will not be

subject to the major review provisions of this Agreement and

is not eligible for presumption of renewal.

9. Prior to appointing an Employee in an Endowed Position for

any period beyond the period of appointment in the Endowed

Position, the position shall be posted in accordance with the

provisions of Article XXVII.A., Posting, and Employees on

layoff in the academic unit shall be notified of the position in

accordance with Article XII.E. If the Employee in an

Endowed Position is hired for the position, the former

honorific title will no longer be used, and they will have all

prior semesters of service and percentages of effort up to a

maximum of four (4) semesters applied to their seniority

calculation.

10. If the Employee had been an Employee prior to their

appointment in an Endowed Position, and continues in a

bargaining unit position after the Endowed Position ends, they

shall have all prior semesters of service and percentages of

effort in the Endowed Position applied to their seniority

calculation.

Section B. Dual Career Appointments

1. The term “Dual Career Appointment” means a bargaining unit

position, at least one-half of which is funded by the Provost’s

Office and/or other sources outside the academic unit, held by

an Employee whose appointment is related to the recruitment

or retention of the Employee’s partner to a tenured, tenure-

track, or research-track position.

2. The Employer may appoint no more than twenty-four (24)

individuals into Dual Career Appointments during the term of

the Agreement.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

3. The Employer will provide the following information to the

Union when it appoints an Employee to a Dual Career

Appointment: name of Employee, appointing academic unit,

Dual Career Appointment status, duration of the appointment,

and notice if posting was waived.

4. The provisions of Article XXVII.A., Posting, shall not apply

to Dual Career Appointments.

5. During the course of the Provost Office/outside funding of a

Dual Career Appointment, the provisions of Article XII.,

Layoff, Reduction in Appointment Effort, and Recall, shall not

apply.

6. During the course of the Provost Office/outside funding of a

Dual Career Appointment, an Employee in a Dual Career

Appointment may not be displaced by another Employee who

is subject to layoff or reduction in effort under Article XII.B.,

Procedure for Layoff.

7. At the discretion of the academic unit, an Employee in a Dual

Career Appointment may be given a working title in the

adjunct series, without holding a regular non-instructional title

at the University, at a rank deemed appropriate by the

academic unit.

8. An Employee in a Dual Career Appointment is eligible for the

unpaid leaves of absence set forth in Article XXXI.,

irrespective of the bargaining unit title held by the Employee.

9. An Employee in a Dual Career Appointment may be given a

multi-year appointment, irrespective of the bargaining unit

title held by the Employee.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

10. Prior to appointing an Employee in a Dual Career

Appointment for any period beyond the period of Provost’s

Office/outside funding, the position shall be posted in

accordance with the provisions of Article XXVII.A., Posting,

and Employees on layoff in the academic unit shall be notified

in accordance with Article XII.E. If the Employee formerly in

a Dual Career Appointment is hired for the position, the

former adjunct title, if any, will no longer be used. Once

appointed, the Employee will have all prior semesters of

service and percentages of effort up to a maximum of four (4)

semesters applied to their seniority calculation.

Section C. Programs to Hire Recent University Graduates

1. The provisions of this Section shall apply to Recent Graduate

Programs. The term “Recent Graduate Program” means a

program designed to provide fixed-duration, post-graduate

teaching experience not to exceed two (2) years to recent

University graduates. The term “Recent Graduate Position”

means a Lecturer I position held by an Employee who earned

either a terminal masters or doctorate degree from the

academic unit that wishes to appoint the Employee. An

Employee appointed to a Recent Graduate Position must be

appointed to the Position within one (1) year from the date of

the Employee’s graduation.

2. If the Employer decides to create a new Recent Graduate

Program, the Employer shall notify the Union. For each

proposed Recent Graduate Program, the Employer and the

Union shall agree on an appropriate number of positions to be

covered by such Program. In the event an Employee appointed

under a Recent Graduate Program is appointed to a second

year in a Recent Graduate Position, this second appointment

shall count as one of the allowable appointments for that year.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

3. The Employer will provide the following information to the

Union when it appoints an Employee to a position covered by

a Recent Graduate Program: name of Employee, appointing

academic unit, duration of the appointment, Recent Graduate

Program status, and notice if posting was waived.

4. The provisions of Article XXVII.A., Posting, shall not apply

to appointments of Recent Graduates.

5. During appointment in a Recent Graduate Position, the

provisions of Article XII., Layoff, Reduction in Appointment

Effort, and Recall, shall not apply.

6. During appointment in a Recent Graduate Position, an

Employee in a Recent Graduate Position may not be displaced

by another Employee who is subject to layoff or reduction in

effort under Article XII.B., Procedure for Layoff.

7. Prior to appointing an Employee in a Recent Graduate

Position for any period beyond the period of appointment in

the Recent Graduate Position, the position shall be posted in

accordance with the provisions of Article XXVII.A., Posting,

and Employees on layoff in the academic unit shall be notified

in accordance with Article XII.E. If the Employee in a Recent

Graduate position is hired for the position, they will have all

prior semesters of service and percentages of effort up to a

maximum of four (4) semesters applied to their seniority

calculation.

Section D. Exchange Programs

1. The provisions of this Section shall apply to Exchange

Programs. The term “Exchange Program” means a program

involving a formal agreement between the University and

another institution or established group of institutions of

higher education (either foreign or domestic) under which the

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

University places students or recent graduates of another

institution into time-limited teaching roles not to exceed two

(2) years at the University. “Exchange Program Position”

means a Lecturer I position held by an Employee under an

Exchange Program.

2. If the Employer decides to create a new Exchange Program,

the Employer shall notify the Union. For each proposed

Exchange Program, the Employer and the Union shall agree

on an appropriate number of positions to be covered by such

Program. In the event an Employee appointed under an

Exchange Program is appointed to a second year in an

Exchange Program Position, this second appointment shall

count as one of the allowable appointments for that year.

3. In the event the academic unit does not have an agreement

with the Union as to the appropriate number of Exchange

Program Positions at the time it makes the appointment,

academic units with existing Recent Graduate Programs may

appoint Employees who would qualify as Exchange Program

appointees in place of an available Recent Graduate Position.

4. The Employer will provide the following information to the

Union when it appoints an Employee to an Exchange Program

Position: name of Employee, appointing academic unit,

duration of the appointment, Exchange Program status, and

notice if posting was waived.

5. The provisions of Article XXVII.A., Posting, shall not apply

to Exchange Program Positions.

6. The provisions of Article XII., Layoff, Reduction in

Appointment Effort, and Recall, shall not apply to Exchange

Program Positions.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

7. An Employee in an Exchange Program Position may not be

displaced by another Employee who is subject to layoff or

reduction in effort under Article XII.B., Procedure for Layoff.

8. Prior to appointing an Employee in an Exchange Program

Position for any period beyond the period of appointment in

the Exchange Program Position, the position shall be posted in

accordance with the provisions of Article XXVII.A., Posting,

and Employees on layoff in the academic unit shall be notified

in accordance with Article XII.E. If the Employee in an

Exchange Program Position is hired for the position, they will

have all prior semesters of service and percentages of effort up

to a maximum of four (4) semesters applied to their seniority

calculation.

E. Noted Professionals

1. The term “Noted Professional” refers to an Employee,

appointed to a bargaining unit position, who is a prominent

scholar, researcher, artist, performer, or professional whose

employment responsibilities do not lie with another institution

of higher education. The appointment period is for one (1)

academic year, and may be extended, under unusual

circumstances, for up to one (1) additional academic year. The

Union will be notified in writing at least thirty (30) days prior

to the extension of the appointment.

2. The Employer may appoint no more than eighteen (18)

individuals into Noted Professional Appointments during the

term of the Agreement. In the event an Employee appointed

under a Noted Professional Appointment is appointed to a

second year as a Noted Professional, this second appointment

shall count as one of the allowable appointments for the term

of the Agreement.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

3. The Employer will provide the following information to the

Union when it appoints an Employee as a Noted Professional:

name of the Employee, the title being given, the appointing

academic unit, Noted Professional appointment status, the

duration of the appointment, and notice if posting was waived.

4. The provisions of Article XXVII. A., Posting, shall not apply

to a Noted Professional appointment.

5. The provisions of Article XII., Layoff, Reduction in

Appointment Effort, and Recall, shall not apply to a Noted

Professional.

6. An Employee in a Noted Professional appointment may not be

displaced by another Employee who is subject to layoff or

reduction in effort under Article XII.B., Procedure for

Layoffs.

7. Except as required by state or federal law, an Employee in a

Noted Professional appointment is not eligible for unpaid

leaves of absence set forth in Article XXXI., Leaves of

Absence Without Pay, irrespective of the Employee’s title or

length of service.

8. The Employer may give the Noted Professional any existing

instructional title established by the Employer as a working

title.

9. While in a Noted Professional appointment, the Employee will

not be subject to the major review provisions of this

Agreement and is not eligible for presumption of renewal.

10. Prior to appointing an Employee in a Noted Professional

appointment for any period beyond the Noted Professional

appointment, the position shall be posted in accordance with

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

Article XXVII.A., Posting, and Employees on layoff in the

academic unit shall be notified in accordance with Article

XII.E. If the Employee formerly in a Noted Professional

appointment is hired for the position, the former working title

will no longer be used. Once appointed, the Employee will

have all prior semesters of service and percentages of effort up

to a maximum of four (4) semesters applied to their seniority

calculation.

Section F. Post-Retirement Lecturer

1. The term “Post-Retirement Lecturer appointment” means a

bargaining unit position held by an Employee who has retired

from a Lecturer position covered by the collective bargaining

agreement at the University.

2. The appointment period is for up to one (1) academic year,

and may be extended.

3. The Employer will provide the following information to the

Union when it appoints an Employee as a Post-Retirement

Lecturer: name of the Employee, the title being given, the

appointing academic unit, Post-Retirement Lecturer

appointment status, the duration of the appointment, and

notice if posting was waived.

4. The provisions of Article XXVII. A., Posting, shall not apply

to a Post-Retirement Lecturer appointment.

5. Except as required by state or federal law, an Employee in a

Post-Retirement Lecturer appointment is not eligible for

unpaid leaves of absence set forth in Article XXXI., Leaves of

Absence Without Pay, irrespective of the Employee’s title or

complete history of service as an Employee.

6. The Employer may give the Post-Retirement Lecturer any

existing instructional title established by the Employer as a

working title.

ARTICLE XIV: PROVISIONS FOR SPECIAL CASE APPOINTMENTS

7. While in a Post-Retirement Lecturer appointment, the

Employee will not be subject to the major review provisions

of this Agreement and is not eligible for presumption of

renewal.

Section G.

1. The Employer and the Union may enter into a Memorandum

of Understanding to address unique or unanticipated aspects of

any individual appointment or program described above.

2. The Employer shall not use the provisions of this Article for

the purpose of denying Employees access to reappointment,

major review, and/or renewal status.

3. At the request of either party, the Employer and the Union will

meet to review and revise the implementation of this Article;

such review and revision may include negotiated changes to

this Article.

ARTICLE XV: SALARY

ARTICLE XV

SALARY

Section A. Salary Increases and Minimums

1. An Employee’s initial appointment shall be at a specified

percent of effort and an initial salary rate which shall be at least

the minimum salary rate specified below and consistent with other

starting salaries for Employees in the employing academic unit.

2. Minimum Full-Time Salary Rates

Effective academic year 2021-22, the minimum full-time

salary rates shall be as follows:

Ann Arbor

Dearborn

Flint

Lecturer I/II

$51,000

$43,000

Lecturer III/IV

$53,000

$45,000

Effective academic year 2022-23, the minimum full-time

salary rates shall be as follows:

Ann Arbor

Dearborn

Flint

Lecturer I/II

$51,000

$47,000

Lecturer III/IV

$53,000

$49,000

Effective academic year 2023-24, the minimum full-time

salary rates shall be as follows:

Ann Arbor

Dearborn

Flint

Lecturer I/II

$51,000

Lecturer III/IV

$53,000

In Section A.2, Minimum Full-Time Salary Rates, the category Lecturer I/II includes

Intermittent Lecturers and Adjunct Lecturers.

ARTICLE XV: SALARY

3. Annual Increases:

a. Effective September 1, 2021, 2022, and 2023, all

Employee full time rates on the Ann Arbor, Flint, and

Dearborn campuses shall increase by the following

amounts:

September 1, 2021: 2.25%

September 1, 2022: 2.75%

September 1, 2023: 3.25%

b. In the event that the increases described above result

in a full-time salary rate less than the minimum full-

time salary rate set forth in Section A.2., the

Employee’s full-time salary rate shall be increased to

the relevant minimum full-time salary rate plus the

annual increase.

4. Major Review Increases:

In addition to the annual salary increases provided in Section

A.4. above, following the successful completion of an

Employee’s first and second major review, as set forth in

Article XI., Appointments, Major Review, and Renewal, each

Employee shall receive a major review increase as follows:

a. Lecturer I and II:

i. Seven percent (7%) increase to the

Employee’s full-time rate effective on the 1

of September following successful completion

of the first major review.

ii. Seven percent (7%) increase to the

Employee’s full-time rate effective on the 1

of September following successful completion

of the second major review.

b. Lecturer III and IV:

i. Seven percent (7%) increase to the

Employee’s full-time rate effective on the 1

ARTICLE XV: SALARY

of September following successful

completion of the first major review

ii. Seven percent (7%) increase to the

Employee’s full-time rate effective on the 1

of September following successful completion

of the second major review, or as otherwise

provided for in Memorandum of

Understanding #1, Special Provisions

Covering Lecturer III and IV Major Reviews

in the College of Literature, Science, and the

Arts.

c. Employees whose start date is on or after the start of

the 2022-2023 academic year shall receive five

percent (5%) major review increase to the Employee’s

full-time rate effective on the 1

of September

following successful completion of the first and

second major reviews.

5. Intermittent Review Increase

In addition to the annual salary increases provided in Section

A.4. above, following successful completion of an Intermittent

Lecturer review under Article XI.B.6., the following

provisions will apply:

a. Seven percent (7%) increase to the Employee’s full-time

rate effective on the 1

of September following successful

completion of the first review.

b. Seven percent (7%) increase to the Employee’s full-time

rate effective on the 1

of September following successful

completion of the second review.

c. Employees whose start date is on or after the start of the

2022-2023 academic year shall receive a five percent (5%)

major review increase to the Employee’s full-time rate

effective on the 1

of September following successful

completion of the first and second major reviews.

ARTICLE XV: SALARY

6. Adjunct Review Increase

a. Upon successful completion of both the first and

second review under Article XI.B.5., an Employee

appointed in an adjunct title shall receive a lump sum

payment in an amount equal to seven percent (7%) of

the full-time rate of the adjunct appointment, prorated

to the appointment effort in the adjunct title during the

semester in which the review was completed. Such

payment shall be made no later than the end of the

month following the month in which the review is

completed.

b. Employees who start date is on or after the start of the

2022-2023 academic year shall receive a lump sum

payment of five percent (5%) of the full-time rate of

the adjunct appointment, prorated to the appointment

effort in the adjunct title during the semester in which

the review is completed.

7. For Employees who remain in the same title, at no time shall

the Employee’s full time salary rate be reduced. For

Employees who held appointments under Article XIV.A.,

Endowed Positions, XIV.B., Dual Career Appointments, and

XIV.E., Noted Professionals, if the Employee is appointed to

an appointment for any period beyond the Special Case

appointment, the full-time salary rate may be reduced. For

other Employees changing LEO unit title, if the Employer

proposed to reduce the full-time salary rate, at the Employee’s

request the parties shall meet in Special Conference to review

the issue.

8. In addition to A.2., above, the Employer may increase an

Employee’s full-time salary rate based on merit, or equity, or

retention considerations. Such increases will be effective on

either September 1

or January 1

ARTICLE XV: SALARY

9. To counterbalance instances of compression and stagnation,

long-serving Employees will receive an $1800 increase in

base salary in their 16

year of employment as an Employee.

This increase to base salary will occur before any annual

increases. Employees with at least 15 years of employment as

an Employee will receive the $1800 increase to their base

salary effective the 1

of September 2021.

Section B. Pay Schedules

1. Lecturer Is are paid on a per-term or U-YrT basis.

2. Upon appointment to the title of Lecturer II, Employees on the

Dearborn campus may elect to be paid on either a U-YrT or a

U-YrD basis. Upon initial appointment to the title of Lecturer

II, Employees on the Ann Arbor or Flint campus may elect to

be paid on either a U-YrT or a U-Yr basis. If no election is

made, the Lecturer II will be paid on a U-YrT basis.

Employees who were employed as Lecturer IIs prior to

September 1, 2013 will remain on the pay schedule that they

previously elected.

3. Lecturer IIIs and Lecturer IVs are paid on a U-Yr, UYrD, or

12-month basis.

4. All Employees on a U-Year appointment will be paid on

Schedule I.

5. Existing Employees on a U-Year or U-YrD appointment will

receive a supplemental payment in their December paycheck

to align their salary for the Fall term with any increases that

were effective September 1 and ensure the Employee receives

the salary stated in their offer letter during their appointment

period.

6. Newly hired Employees will have an opt-in opportunity to

receive their first paycheck one month in advance of their first

month of employment, rather than at the end of the first

month. See MoU: Pay Advance for First Time Employees.

ARTICLE XVI: SPRING/SUMMER SALARIES

ARTICLE XVI

SPRING/SUMMER SALARIES

The compensation practices, including pay rates, of

eac

academic unit for spring, summer, or spring/summer semester

appointments in effect during 2010 will continue in effect. In

the event the Employer proposes to make substantive

hanges

to the current policy, the Employer will provide

easonab

notice of the intent to make the changes and, upon

equest,

will

engage in bargaining with the Union.

The parties agree to meet in Special Conference to discuss

situations in academic units where Employees allege that

unfair

practices in spring/summer assignments

xist.

ARTICLE XVII: BENEFIT ELIGIBILITY

ARTICLE XVII

BENEFIT ELIGIBILITY

Section A.

Employees with a minimum 50% total (concurrent) appointment

of at least four (4) continuous months duration shall be eligible for

the Group Health Insurance Plan (medical and prescription drugs),

Dental Plan, Vision Plan, University and Optional Group Life

Insurance Plan, Dependent Life Insurance, and Legal Plan. In

addition, Employees who teach both semesters and average at least

a 50% appointment for the academic year shall be eligible for

benefits in accordance with Section I below.

Section B.

Lecturer Is and Intermittent Lecturers with a minimum 50% total

(concurrent) appointment and funding for one (1) full term or at

least four (4) continuous months shall be eligible for the Basic

Retirement Plan. Lecturers II, III and IV with a minimum 1%

appointment and funding of at least four (4) continuous months

duration shall be eligible for the Basic Retirement Plan. All

Employees with a minimum 1% appointment and funding of at

least four (4) continuous months duration shall be eligible for the

403(b) Supplemental Retirement Account and 457(b) Deferred

Compensation Plan.

Section C.

Lecturer Is with less than two (2) years of service, Intermittent

Lecturers, and Employees in the Adjunct series are not eligible for

the Long-Term Disability Plan. All other Employees with a

minimum 50% appointment and funding of at least eight (8)

months duration shall be eligible for the Long-Term Disability

Plan or with five (5) years of service and less than a 50%

appointment and funding of at least eight (8) months duration.

Section D.

Employees with a minimum 50% appointment who receive salary

from the University and funding for at least four (4) continuous

months duration shall be eligible for the Flexible Spending

Accounts.

ARTICLE XVII: BENEFIT ELIGIBILITY

Section E.

Employees shall be eligible for the Business Travel Accident Plan.

Section F.

The Employer shall notify the Employee within thirty (30) days of

any change in their benefit eligibility and the process for making

changes in benefit enrollment.

Section G.

The Employer will not retroactively deny benefit coverage to an

Employee who initially received a total appointment of at least

50% but who subsequently received a notice of layoff on or after

the first day of the first month of the semester that reduced the

Employee’s total appointment to less than 50% for that semester.

In such circumstances, the Employee’s benefits shall terminate at

the end of the first month of the affected semester. However, the

Employee may be eligible for contributions to health insurance

under the Employer Shared Responsibility provisions of the

Affordable Care Act and/or COBRA.

Section H. “Averaging” of Employee Appointments to

Maintain “Full-time” Status for Purposes of Determining

Medical Plan Premium Rates

Once per academic year, the Employer will identify benefit-

eligible Employees whose appointment effort during the fall and

winter semesters averages to at least 75% in both the fall and

winter semesters.

By way of example, an Employee with a 100% appointment

during the fall semester and a 66.67% appointment in the winter

semester would have an average appointment for the fall and

winter semesters of 83.35%.

Employees identified under the above provisions in this section

will pay the medical premium rates applicable to full-time

employees (i.e. those with appointments of 75% or greater) for the

entire academic year (September 1 through August 31).

If an Employee identified under the above provisions in this

section has a lower percentage of appointment in the fall semester

and a higher percentage of appointment in the winter semester, a

ARTICLE XVII: BENEFIT ELIGIBILITY

lump-sum payment will be made to the Employee during the

winter semester to adjust the premium dollars paid by the

Employee to reflect the full-time premium rates for the fall

semester.

The parties agree that no changes will be made to an Employee’s

appointment as a result of this section. Appointment effort and

salary (including in the M-Pathway system) will continue to

reflect the actual work performed in each semester.

Section I. “Averaging” of Employee Appointments to Maintain

Benefit Eligibility

Once per academic year the Employer will identify benefit-eligible

Employees whose appointment effort during the fall and winter

semesters averages at least 50% for the academic year but whose

winter semester appointment is below 50% effort.

By way of example, an Employee with a 67% appointment during

the fall semester and a 33% appointment in the winter semester

would have an average appointment for the fall and winter

semesters of 50%. Likewise, an Employee with a 100%

appointment in the fall semester and a 25% appointment in the

winter would have an average appointment for the fall and winter

semesters of 62.5%. These Employees would be benefits eligible

under this section.

Employees identified above will pay the medical premium rates in

the following manner:

a. If an Employee has an appointment between 50-

74.9% in the fall semester, has an appointment below

50% in the winter semester, and if the two

appointments average at least 50% for the academic

year, the Employee will be identified as eligible for

benefits in the winter semester and will pay the

medical premium rates applicable to Employees with

appointments of 50% to 74.9% for that term.

b. Employees who are eligible under Section I and

whose fall semester appointment is 75% or higher,

will pay the medical premium rates applicable to full-

time employees for fall semester. For winter semester

during which the Employee has an

ARTICLE XVII: BENEFIT ELIGIBILITY

appointment below 50%, the Employee will pay the

medical premium rates applicable to Employees with

appointments of 50% to 74.9%.

In addition, in certain cases where Employees with presumption of

renewal have a historical percentage of effort that averages fifty

percent or more for that year, but with a 0-49% appointment in the

Fall semester, those Employees may request that their UYr, UYrD,

or UyrT appointment (and effort) be averaged in order to receive

benefits coverage for the Fall semester.

Employees that utilize an approved leave under this contract may

carry no effort for a term which could impact their eligibility

under this section. An Employee who holds no effort for a term

due to an approved leave but receives Employer Contributions for

medical and/or dental benefits will be able to continue to receive

Employer Contributions in the following term even if they are

returning to a benefits ineligible position, including the

Summer/Seasonal Benefits Bridge. The Benefits Bridge contained

in this contract will not count as an approved leave of absence for

the purposes of this provision.

This provision will not negatively affect the benefits eligibility of

those Employees with 0% effort in a given semester who had

benefits coverage under current appointment averaging practices.

Section J.

In certain cases, Employees on unpaid leaves may be eligible for

the Employer contribution to their benefits. For more information,

see Article XXXI.D, Discretionary Leave Benefit for Long-Term

Service and Section E., FMLA Child-Care Extension Leave

Benefit.

ARTICLE XVIII: BENEFIT PLANS

ARTICLE XVIII

BENEFIT PLANS

Section A. General Provisions

1. Except as specifically enumerated in paragraph 2 below, all

benefits covered by this article shall be as provided by the

Employer in the same manner and to the same extent as

provided to tenure-track and tenured faculty. Prior to the

effective date of this Agreement the Union has had the

opportunity to ask for and receive an explanation of the

benefit programs and coverage available to Employees. In the

event of any significant changes in coverage, the Union will

be notified no later than 90 days prior to the effective date of

change. Within a reasonable time, the Union may provide

feedback to the Employer. The Employer will consider the

feedback and respond to the Union, as appropriate. The

Employer and Union agree that any description of an

individual benefit plan listed below is nothing more than a

description of the particular benefit plan that is provided by

the Employer as of the effective date of this Agreement. The

inclusion of such descriptions in no way limits the ability of

the Employer to make changes to any benefits.

2. The Employer and the Union expressly agree that the

following six (6) items are the only exceptions to the right of

the Employer to make changes to any benefit described in this

Article. The Employer and the Union expressly agree that the

Employer may make changes to any benefit in this Article that

is not expressly identified in this paragraph, as provided in

paragraph 1 above.

ARTICLE XVIII: BENEFIT PLANS

a. The Employer agrees to maintain the Summer

Benefits/Seasonal Leave provisions of Article

XVIII.B.6. for the duration of this Agreement.

b. The Employer agrees to maintain the Fall or Winter

Semester Benefits Bridge provisions of Article

XVIII.B.7. for the duration of this Agreement.

c. The Employer agrees to maintain the provisions of

Article XVII, Section H, “Averaging’ of Employee

Appointments to Maintain ‘Full-Time’ Status for

Purposes of Determining Medical Plan Premium

Rates” for the duration of this Agreement.

d. The Employer agrees to maintain the provisions of

Article XVII, Section I, “Averaging Appointments to

Maintain Benefits Eligibility” for the duration of this

Agreement.

e. The Employer agrees to maintain the contribution

limitation set forth in Article XVIII.B.3. below for the

duration of this Agreement.

f. The Employer agrees to maintain the provisions of

Article XVIII.G. for the duration of this Agreement.

3. Matters concerning compliance with the provisions of this

Article, and whether or not the Employee has coverage in

accordance with terms of any plan, shall be subject to the

Grievance and Arbitration Procedures. Service disputes with

benefit providers or payers shall not be subject to the

Grievance and Arbitration Procedures.

4. If, during the term of this Agreement, a federal or state law is

enacted which requires the payment of taxes or premiums to

either the federal or state government or another entity for

hospital or medical benefits for Employees, the Employer may

make such adjustments in the Group Health Plan to avoid

duplication of benefits.

ARTICLE XVIII: BENEFIT PLANS

Section B. Health Insurance Plan

1. The Group Health Insurance Plan shall be as provided by the

Employer to eligible Employees in the same manner and to the

same extent as provided to tenure-track and tenured faculty.

Employees may be charged a share of the cost of group health

insurance premiums not to exceed the maximum indicated

below for the plan and coverage level elected:

The Group Health Insurance Plan (medical and prescription

drug) contains a 4-tier structure of coverage consisting of:

i. One adult;

ii. One adult plus any number of children;

iii. One adult plus one spouse or other qualified

adult (OQA; for definition see Appendix A);

and

iv. One adult plus one spouse or OQA plus any

number of children.

2. The University contribution for health insurance will be based

on the two (2) lowest-cost comprehensive plans and by

weighting the premiums based on enrollment. The base

premiums will be calculated on actual cost experience. The

highest percentage University contribution will be made for

Employees, the second highest percentage University

contribution for child dependents of Employees, and the third

highest percentage University contribution for adult

dependents of Employees.

Eligible Employees with appointments of 75% or greater will

receive University contributions under the salary bands and

formula:

ARTICLE XVIII: BENEFIT PLANS

Salary Bands

One

Employee

Adult

Dependent

Children

Band 1:

$47,300.00 and

below

quartile)

93%

66%

75%

Band 2:

$47,300.01-

$64,900

quartile)

Between

93%

Between

57-66%

Between

70-75%

Band 3:

$64,900.01 and

above (3rd &

4th quartile)

90%

57%

70%

NOTE: The dollar amounts for each band shown in the table

above are for calendar year 2018, and are based on quartiles.

The breakpoints from one band to the next may be

automatically adjusted each year as salaries change. For the

exact amount of the salary bands please go to

https://hr.umich.edu/benefits-wellness/health-well-

being/health-plans/rates-paying-health-coverage.

3. University contribution for eligible Employees with

appointments of 50% to 74.9% will be 80% of the University

contribution percentage applied to Employees with

appointments of 80% or more (80% times 93% of the

University contribution). All eligible Employees with an

appointment of 50% to 74.9% will receive contributions

equal to 80% of Band 1 contributions. The Employer may

decrease the University contribution percentage applied to

ARTICLE XVIII: BENEFIT PLANS

eligible Employees with appointments of 50 to 74.9% from

80% to no less than 75% over the life of the Agreement. Any

such reductions are at the sole discretion of the Employer. If

the Employer wishes to decrease the contribution percentage

to less than 75%, any decrease below 75% would be subject

to impact negotiations upon written request of the Union. The

request for impact negotiations will in no way limit or delay

the Employer’s right to decrease the contribution percentage

to 75%.

4. The Employee will be responsible for any additional

premium cost above the base Employer contribution rate

toward the Employee’s plan of choice.

5. The co-pay increases for office visits, emergency room visits

and prescription drugs shall be as provided by the Employer

in the same manner and to the same extent as provided to

tenure track and tenured faculty.

6. Summer Benefits /Short Work Break

a. Employees whose appointments are 50% or more for

fall and winter semesters, or who are covered by

Article XVII, Section I, and who are participating in

the health and/or dental plans shall receive Employer

contributions to summer (May 1 through August 31)

health and/or dental benefits.

b. Employees covered by B.6.a. above and B.6.d. below

who are participating in vision, long-term disability,

life insurance or legal plan shall have access to vision,

long-term disability, life insurance or legal plan

coverage during the summer (May 1 through August

31). Employees need not be enrolled in health and/or

dental benefits in order to receive this benefit.

c. For Employees eligible under Section B.6.a above

who are not on University Year appointments,

ARTICLE XVIII: BENEFIT PLANS

Employee contributions toward summer health and/or

dental benefits coverage will be deducted from the

Employee’s last paycheck in April unless the

Employee notifies the Benefits Office in writing, as

provided in the written notification to the Employee,

by no later than April 1, that (1) they do not wish to

continue health and/or dental benefits during the

summer or (2) that they wish to make monthly

payments to the Employer during the period May 1

through August 31.

d. Employees whose appointments are 50% or more for

winter, who are participating in the health and/or

dental plans, and who will have a benefits-eligible

appointment for the following fall semester shall

receive Employer contributions to summer (May 1

through August 31) health and/or dental benefits. The

Employee must notify the Benefits Office that they

wish to continue coverage and must submit by check

the full payment for the Employee contributions

toward summer benefits coverage by April 24. In the

event that the notification of the Employee’s

eligibility is provided by the academic unit to the

Benefits office by April 30, benefits will be made

available retroactively once the lecturer’s full payment

has been received. Payment must be received within

five business days of receipt of notice of eligibility.

e. An Employee will be on a “short work break” without

University or Unemployment Compensation during

the period of inactive employment (May 1 through

August 31).

7. Fall or Winter Semester Benefits Bridge

a. The provisions of this section apply to Employees in

the following academic units: School of Social Work,

English Language Institute, Ann Arbor School of

ARTICLE XVIII: BENEFIT PLANS

Nursing, and Dearborn College of Education, Health

and Human Services. If another academic unit

emerges as having Employees with similar regular

appointment patterns as those identified above, the

parties will meet in Special Conference regarding

potential inclusion under this Section.

b. Employees whose regular appointments are 50% or

more for winter semester and spring-summer term, or

who are covered by Article XVII, Section I, and who

are participating in the health and/or dental plans shall

receive Employer contributions to fall semester

(September 1 through December 31) health and/or

dental benefits.

c. Employees covered by B.7.a. above and B.7.e. below

who are participating in vision, long-term disability,

life insurance or legal plan shall have access to vision,

long-term disability, life insurance or legal plan

coverage during the fall semester (September 1

through December 31). Employees need not be

enrolled in health and/or dental benefits in order to

receive this benefit.

d. For Employees eligible under B.7.b above who are not

on University Year appointments, Employee

contributions toward Fall semester health and/or

dental benefits coverage will be deducted from the

Employee’s last paycheck in August unless the

Employee notifies the Benefits Office in writing, by

no later than August 1, that (1) they do not wish to

continue health and/or dental benefits during the fall

semester or (2) that they wish to make monthly

payments to the Employer during the fall semester.

e. Employees whose appointments are 50% or more for

spring-summer term, who are participating in the

health and/or dental plans, and who will have a

ARTICLE XVIII: BENEFIT PLANS

benefits-eligible appointment for the following winter

semester shall receive Employer contributions to fall

(September 1 through December 31) health and/or

dental benefits. The Employee must notify the

Benefits Office that they wish to continue coverage

and must submit by check the full payment for the

Employee contributions toward fall benefits coverage

by August 24. In the event that the notification of the

Employee’s eligibility is provided by the academic

unit to the Benefits office by August 25, benefits will

be made available retroactively once the lecturer’s full

payment has been received. Payment must be

received within five business days of receipt of notice

of eligibility.

f. An Employee will be on a “short work break” without

University or Unemployment Compensation during

the period of inactive employment (September 1

through December 31).

g. Employees whose regular appointments are 50% or

more for spring-summer term and fall semester or

who are covered by Article XVII, Section I who are

participating in the health and/or dental plans shall

receive Employer contributions to winter semester

(January 1 through April 30) health and/or dental

benefits.

h. Employees covered by B.7.g. above and B.7.j. below

whose appointments are 50% or more for

spring/summer and fall semesters and who are

participating in vision, long-term disability, life

insurance or legal plan shall have access to vision,

long-term disability, life insurance or legal plan

coverage during the winter semester (January 1

through April 30). Employees need not be enrolled in

health and/or dental benefits in order to receive this

benefit.

ARTICLE XVIII: BENEFIT PLANS

i. For Employees eligible under B.7.g. above who are

not on University Year appointments, Employee

contributions toward winter semester health and/or

dental benefits coverage will be deducted from the

Employee’s last paycheck in December unless the

Employee notifies the Benefits Office in writing, by

no later than December 1, that (1) they do not wish to

continue health and/or dental benefits during the

winter semester or (2) that they wish to make monthly

payments to the Employer during the winter semester.

j. Employees whose appointments are 50% or more for

fall, who are participating in the health and/or dental

plans, and who will have a benefits-eligible

appointment for the following spring- summer

semester shall receive Employer contributions to

winter (January 1 through April 30) health and/or

dental benefits. The Employee must notify the

Benefits Office that they wish to continue coverage

and must submit by check the full payment for the

Employee contributions toward winter benefits

coverage by December 15. In the event that the

notification of the Employee’s eligibility is provided

by the academic unit to the Benefits office by

December 20, benefits will be made available

retroactively once the lecturer’s full payment has been

received. Payment must be received within five

business days of receipt of notice of eligibility.

k. An Employee will be on a “short work break” without

University or Unemployment Compensation during

the period of inactive employment (January 1 through

April 30).

ARTICLE XVIII: BENEFIT PLANS

Section C. Group Health Insurance

The Group Health Insurance Plan includes a medical and

prescription drug plan and shall be as provided by the Employer in

the same manner and to the same extent as provided to tenure-

track and tenured faculty.

Section D. Group Dental Plan

The Group Dental Plan shall be as provided by the Employer in

the same manner and to the same extent as provided to tenure-

track and tenured faculty. Employees shall have a choice of three

(3) dental plan options. The University contribution toward dental

plan coverage shall be provided in the same manner and to the

same extent as provided to tenure-track and tenured faculty. The

Employer will automatically enroll Employees who do not elect to

opt out or enroll in a dental insurance plan within 30 days of the

eligibility date in the University of Michigan Dental Option I plan

with Employee only coverage.

Section E. Business Travel Accident Insurance

The Business Travel Accident Insurance Plan shall be as provided

by the Employer in the same manner and to the same extent as

provided to tenure-track and tenured faculty.

Section F. Long-Term Disability Plan

The Long-Term Disability Plan shall be as provided by the

Employer in the same manner and to the same extent as provided

to tenure-track and tenured faculty.

1. The Employer will pay the entire cost for coverage after the

first two (2) years of service up to a base income of $61,000

per year, which will be indexed each year to the median

ARTICLE XVIII BENEFIT PLANS

university salary as determined by the Benefits office. During

the first two (2) years of service the Employee must pay the

entire cost for coverage on all base income.

2. An eligible Employee shall receive a disability income which

shall be 65% of his or her covered monthly base salary.

3. In the event that cash benefits are received from other sources

as set forth in the Plan, the disability income set forth in

paragraph 2 above shall be adjusted so that the combination of

disability income and cash benefits from other sources shall

not exceed 65% of the Employee’s monthly base income and

never more than the maximum monthly benefits payable as set

forth in the plan.

4. For each month that a disability income is received,

Retirement Plan, Group Life Insurance, Dental Insurance Plan,

and Health Insurance Plan contributions shall be made by the

University as provided in the Long-Term Disability Plan.

5. Consistent with the terms of the Long-Term Disability Plan,

when an Employee is first eligible for the Plan in accordance

with Article XVII.C., they will have thirty (30) days to enroll

in the Plan without providing satisfactory evidence of

insurability; eligible Employees who enroll after the thirty

(30) day period must provide satisfactory evidence of

insurability.

6. In order to be eligible to apply for benefits under the Long-

Term Disability Plan, an Employee must participate with the

University’s Work Connections program for assistance with

management of any serious illness or injury.

7. When an Employee will be applying for the Long-Term

Disability benefit, the Employer, the Union, and the Employee

will meet in Special Conference to discuss the application

ARTICLE XVIII BENEFIT PLANS

timeline, the Employee’s remaining sick pay, and benefit coverage

options.

Section G. Retirement Plan

The retirement program, including the age and years of service

requirement, shall be as provided by the Employer in the same

manner and to the same extent as provided to tenure track and

tenured faculty. The Employer expressly retains the right to

change the amount of its contribution to the cost of healthcare for

current Employees upon their retirement. It is understood that the

retirement plan may be amended, except that the following,

consistent with the terms of the Teacher’s Insurance Annuity

Association and College Retirement Equity Fund (TIAA) or

Fidelity Investments retirement plan, shall not be changed during

the term of this Agreement.

1. Earnings eligible for University and Employee

contributions toward the retirement plan shall be

determined by the Employee’s salary, including

overload appointments but excluding additional forms

of pay such as, although not limited to, additional pay,

and administrative differentials.

2. Prior to the Employee completing 12 consecutive

months of service

eligible for participation in the

retirement plan, the Employee may contribute an

amount equal to five (5) percent of earnings each

month, and the Employer will not contribute. After

completing 12 consecutive months of service eligible

for participation in the retirement plan, the Employer

will contribute an amount equal to ten (10) percent of

For Employees whose regular appointment is for the academic year, 12 consecutive

months of service is defined as fall and winter semesters including spring/summer short

work break. For example, a Lecturer I who starts teaching September 1 and also teaches in

the winter term will be eligible for the Employer retirement contribution starting September

1 the following year.

ARTICLE XVIII BENEFIT PLANS

an Employee’s earnings each month that the

Employee contributes five (5) percent of earnings.

3. At the option of a 100% appointed Lecturer II, III, or

IV Employee, age thirty-five (35) or older, and with

two (2) years of service, the Employer will contribute

an amount equal to five (5) percent of an Employee’s

social security base earnings each month and the

Employee will not contribute. When earnings are in

excess of the social security base, the Employer will

contribute an amount equal to ten (10) percent of an

Employee’s excess earnings each month and the

Employee will contribute an amount equal to five (5)

percent of the Employee’s excess earnings each

month.

Section H. Group Life Insurance

During the term of this Agreement, the University Life Insurance

Plan and the Optional Life Insurance Plan shall be as provided by

the Employer in the same manner and to the same extent as

provided to tenure-track and tenured faculty. Newly hired or

newly eligible Employees will be enrolled in the University Life

Insurance Plan for $30,000 in coverage at no cost to the

Employee. If enrolled in the University Life Insurance Plan and

the Employee requests additional life insurance coverage, the

Optional Life Insurance Plan is available. The amount of life

insurance coverage elected by an Employee under the Optional

Life Insurance Plan may range from $5,000 at the minimum to an

amount equal to eight (8) times the Employee’s salary (1.5 million

dollar maximum).

The cost of the Optional Life Insurance Plan is determined by the

amount of coverage selected, current age, smoking status and

current salary. The amount of coverage chosen and its cost will

increase when salary is increased. The cost will also increase when

moving into the next higher age bracket. The Employee will pay

ARTICLE XVIII BENEFIT PLANS

the full cost in the same manner and to the same extent as

provided to tenure track and tenured faculty. The Dependent Life

Insurance Plan shall be as provided by the Employer in the same

manner and to the same extent as provided to tenure track and

tenured faculty. When the Employee is enrolled in the University

Group Life Plan, the Employee may elect to provide Dependent

Life Insurance

Section I. Other Benefits

The Legal Plan and Vision Plan shall be as provided by the

Employer in the same manner and to the same extent as provided

to tenure-track and tenured faculty.

Section J. Bridging Eligible Service Periods For Retirement

With Benefits

1. A reduction in an appointment effort below 50% will be

counted as eligible service to retire with medical,

pharmacy, dental, and life insurance benefits and to

maintain continuity of service accrual provided that:

a. The individual had an appointment eligible for

service accrual to retire with medical, pharmacy,

dental, and life insurance benefits prior to the

reduction in effort;

b. The reduced appointment effort is less than 50%

but greater than 0%;

c. The duration of the reduction in appointment is

less than one (1) year;

d. The individual returns to an appointment eligible

for retirement with medical, pharmacy, dental,

and life insurance benefits service accrual

following the reduction.

2. If the duration of the reduction is one (1) year or greater,

the service during the reduction below 50% will not be

ARTICLE XVIII BENEFIT PLANS

credited as accrual toward meeting the eligibility to retire

with medical, pharmacy, dental, and life insurance

benefits. Eligible service accrued prior to the reduction

will be added to an eligible service period that follows the

reduction period provided that:

a. The individual had an appointment eligible for

retirement with medical, pharmacy, dental, and

life insurance benefits service accrual prior to the

reduction in effort;

b. The reduced appointment effort is less than 50%

but greater than 0%;

c. The duration of the reduction in appointment is

less than five (5) years;

d. The individual returns to an appointment eligible

for retirement with medical, pharmacy, dental,

and life insurance benefits service accrual

following the reduction.

An individual is permitted to bridge service in addition to, and in

conjunction with, Prior Service Credit and Reinstatement under

SPG 201.49. There is no limit to the number of times an individual

may elect to bridge eligible service periods. Since the service date

is not changed, bridging service will have no effect on any other

University benefit.

ARTICLE XIX: PERFORMANCE EVALUATION

100

ARTICLE XIX

PERFORMANCE EVALUATION

Section A. General Provisions

1. There are four (4) types of evaluation: interim reviews, major

reviews, continuing reviews and remediation reviews. Interim

reviews are conducted no more than once per year, and at

minimum, by no later than the end of the fifth semester (i.e.

fall or winter) of appointment. Major reviews are conducted in

accordance with the schedule set forth in Article XI.B.

Continuing reviews are conducted prior to the end of the five-

year appointment that follows the successful completion of the

second major review and every seven years thereafter. A

remediation review is conducted following an unsuccessful

continuing review. Reviews will be of an Employee’s

performance based on the job description given in their

appointment letter and other assigned duties and in accordance

with procedures and criteria set forth in this article.

2. Except as provided in Section G. below, allegations of

procedural violations of this article shall be subject to Article

X., Grievance and Arbitration Procedure. An arbitrator

reviewing procedural violations shall have the authority to

order the Employer to redo the procedure.

3. Each academic unit will establish and distribute written

procedures and criteria for interim reviews, major reviews,

and continuing reviews, and procedures for the remediation

reviews (if applicable) including procedures for classroom

observations, if observations are to be part of a review

process. New Employees shall receive this information upon

commencement of their initial appointment. The Employee

scheduled for a review shall be notified in the semester prior

ARTICLE XIX: PERFORMANCE EVALUATION

101

to the semester of the review of the date(s) by which the

Employee must submit materials required for a review.

4. If an academic unit uses specific measures or benchmarks of

evidence to assess performance, the academic unit will inform

the Employee in writing of the specific measures or

benchmarks by July 1 for the upcoming academic year.

5. Except where specified in the Agreement, the academic unit

will determine the frequency of, the manner of, and the

Employee’s responsibilities in evaluations. Process and

procedure of evaluation will be consistent with commonly

accepted standards within The University of Michigan for

evaluating teaching.

6. In addition to providing feedback as a part of the review

procedures set forth in this Article, if an academic unit has

concerns about the performance of an Employee at any time,

the unit shall share those concerns in a timely way with the

Employee.

7. Academic units shall give Employees complete copies of

student evaluations, including statistical summary sheets, if

available, within a reasonable time frame. If distribution of

evaluations is by paper copies, the units will give paper copies

to the Employees at no charge. If distribution is electronic,

Employees shall be notified of the availability of on-line

copies.

8. In any review, student evaluations shall not be the sole

measure of teaching performance. A small amount of negative

student evaluations shall not in and of itself constitute grounds

If the Employee is to submit major review materials in the fall term, the academic unit will

notify the Employee during the previous winter term. If the Employee is to submit materials

in the winter term, the academic unit will notify the Employee during the previous fall term.

ARTICLE XIX: PERFORMANCE EVALUATION

102

for an unsuccessful review. Low student response rate shall

also not in and of itself constitute grounds for an unsuccessful

review.

9. If classroom observations are a part of the academic unit’s

review materials, the academic unit will contact the Employee

to schedule the observation. If the observation is part of the

review, prior to the observation the Employee may also

provide to the observer the framework, plan, and intent of the

class. If the academic unit prepares a written report of the

classroom observation, the academic unit will provide a copy

of the report to the Employee, in response to which the

Employee may provide, in a timely way, additional written

information or reflections about the class that was observed.

The Employee’s response, if any, will be appended to the

observation report and provided to the person or committee

conducting the review. Observations shall be for full class

periods, unless otherwise agreed to by the observer and the

Employee. If the unit intends to videotape the class, faculty

and students will be given at least one week’s notice. Nothing

in this section shall limit the ability of an academic unit to

supervise Employees, or to informally observe an Employee’s

class.

10. Within any academic unit, all evaluations in a given academic

year will involve the application of consistent criteria and

procedures for all Employees. Employees will be notified of

changes in evaluation criteria or significant changes in

procedures by July 1 for the upcoming academic year.

11. Evaluation of the Employee’s performance shall typically

involve consideration of more than one source of evidence of

performance, which may include but is not limited to, those

listed in D.6. or E.3. below.

ARTICLE XIX: PERFORMANCE EVALUATION

103

12. An isolated incident, standing alone, shall not be considered as

evidence of a pattern in the evaluation of an Employee’s

performance.

13. In the event that an Employee, at the request of the academic

unit, accepts an additional teaching assignment on short notice

or outside of the Employee’s regular area of teaching, this

context shall be included in the evaluation of such work.

14. Employees shall be notified in a timely way of the identities of

individuals involved in their review. Employees with concerns

regarding possible bias on the part of individuals involved in

their review must submit their concerns in writing prior to the

beginning of the evaluation. Such statements will not be part

of the evaluation but will be kept on file with the evaluation.

15. When an Employee routinely teaches in more than one

academic unit, at the request of the Employee or either

academic unit, the units shall meet to determine the review

criteria, procedures, and timelines that will apply to the

Employee’s review no later than the end of the second

semester of routine teaching in the second academic unit.

16. Written evaluation review reports shall be, to the extent

possible, consistent with evaluative feedback given to the

Employee during the review process. Should the Employee

receive feedback during the review process that is

substantially inconsistent from the feedback received in the

written reports, the Employee can request clarification from

the academic unit regarding the inconsistency. In the case of

such a request, the academic unit will provide written

clarification, to which the Employee may respond in writing in

a timely way. In no case shall this provision be used to

interfere with or delay the review process.

ARTICLE XIX: PERFORMANCE EVALUATION

104

17. Employees shall not be required to resubmit student

evaluations and classroom observation reports in a major

review.

18. The Employee may submit a timely response to any review,

and that response shall be included in their personnel file,

consistent with Article XXIII., Personnel Records.

Section B. Annual Report

1. Once per academic year, each academic unit will notify

Employees of their obligation to submit an annual activity

report and the date such report is due according to the

specifications provided by the academic unit’s guidelines. The

annual report will identify and summarize the Employee’s

performance and achievement relevant to their assigned duties

during the past year.

2. Annual reports submitted by an Employee during the time

period covered by a review will be considered during that

review. If, based on any annual report, the academic unit

believes improvement is needed in one or more areas, the

academic unit shall provide written feedback on an

Employee’s annual report.

3. An Employee who fails to submit an annual report in a timely

manner may, at the discretion of the academic unit, be denied

the annual increase provided in Article XV.A.3. as follows:

a. The academic unit shall provide the Employee with

written notice via email of its intent to deny the annual

increase;

b. Within seven (7) days of the date of the written notice,

the Employee may submit the annual report and/or

provide the academic unit with an explanation of their

failure to submit the annual report;

ARTICLE XIX: PERFORMANCE EVALUATION

105

c. After considering any explanation provided by the

Employee, the academic unit will confirm in writing

its final decision with respect to the annual increase.

4. All Employees who work during any part of the annual report

period shall be required to submit an annual report, with the

exception of Employees who are resigning or retiring from the

University before the next Fall or Winter semester.

Section C. Interim Reviews

Following initial appointment as a Lecturer I or III, by no later

than the end of the fifth semester (i.e. fall or winter)

of the

appointment, the academic unit shall conduct an interim review of

the Employee that will be based, at a minimum, on the

Employee’s annual reports, student evaluations, and the syllabi or

other equivalent course materials developed by the Employee

according to the criteria in D.3. below. At the discretion of the

academic unit and with notice to the Employee, other factors may

be considered subject to the provisions in Section A. above. This

interim review will result in timely written feedback to the

Employee. If the interim review identifies areas in need of

improvement, upon request of the Employee, the supervisor or

designee shall meet with the Employee to discuss those areas and

suggestions for improvement. The written feedback, including any

clarification by the academic unit and any response by the

Employee as set forth in A.16. above, will be considered during

the Employee’s subsequent major review.

Section D. Guidelines for Major Reviews

1. Standards for reappointment involving major reviews as

defined in Article XI., Appointments, Major Review, and

Renewal, will be set by each academic unit.

For Employees covered by Article XI.A.10., spring-summer shall also be included in the

determination of the timing of an Interim Review.

ARTICLE XIX: PERFORMANCE EVALUATION

106

2. As part of the major review process, each academic unit

expects its Employees to provide evidence of high quality

instruction that fosters students’ intellectual development and

to contribute to the overall teaching mission of the academic

unit.

3. Each academic unit shall establish specific written criteria

relevant to its own methods of teaching and subject area(s).

Such criteria shall not violate any provisions of this

Agreement. The specific criteria may address, but are not

limited to, the following general criteria:

a. command of the subject matter;

b. ability to organize material and convey it

effectively to students;

c. successful design and/or planning of courses and

course materials;

d. ability to communicate and achieve appropriate

student learning goals;

e. effective interaction with students;

f. growth in the subject field and in teaching

methods;

g. performance of required non-instructional duties

where applicable.

4. Any major review shall be conducted by a committee of no

fewer than three (3) members who will review, evaluate, and

make recommendations to the Employee’s academic unit

director/chair or dean as applicable. The committee, when

practicable, will include at least one member from the

Employee’s discipline or, if the Employee is the only member

of a discipline within a department, one member from the

department, and may include an Employee who has passed a

major review.

ARTICLE XIX: PERFORMANCE EVALUATION

107

5. A thorough assessment of review materials will be conducted

and a written summary of the evaluation will be provided to

the Employee and placed in the Employee’s personnel file. If

written clarification is sought and obtained under Section

A.16. above, such documents will be attached to the review

summary.

6. At a minimum, major review items shall include:

a. Course materials;

b. Evidence of teaching performance;

c. Student evaluations and the Employee response to

these evaluations, if any;

d. Review of instructional and non-instructional

obligations (e.g. grading, delivery, course design,

student interaction);

e. Annual reports and any written feedback to those

reports given previously to the Employee;

f. Interim reviews (if applicable).

7. Major Review Following an Unsuccessful Major Review:

a. A major review will be conducted at the conclusion of a

remediation period following the unsuccessful major

review.

b. A remediation will be overseen by the Employee’s

supervisor or designee who will work with the Employee

during the course of the remediation period. The

supervisor may designate other Unit members as resources

to work with the Employee during the remediation. A

written remediation plan will guide the remediation. The

Employee may seek Union representation during the

creation of the remediation plan.

c. In the final semester of the remediation period, or sooner,

if both the Employee and the academic unit have agreed to

conclude the process early, the Unit will complete a major

review in accordance with the guidelines above.

ARTICLE XIX: PERFORMANCE EVALUATION

108

d. The outcomes of the major reviews will follow in accordance

with Article XI.B.

Section E. Continuing Review

1. Employees who have successfully completed two major

reviews as described in Article XI shall undergo a

continuing review prior to the conclusion of the five year

appointment following the second major review and

occurring every seven years thereafter.

2. The continuing review will be conducted to advance the

professional growth of the Employee.

a. Criteria will be consistent with the written criteria

and standards for reviews as described in Section

D. above, and as further specified by the academic

unit.

b. If the continuing review does not satisfy the

criteria as described in Section D above,

remediation will occur in accordance with Section

F. below.

3. Academic units will base the continuing review on the

following materials, which they will have collected during

the term of the Employee’s current appointment:

a. Annual reports and written feedback to those

reports given previously to the Employee by the

academic unit;

b. Course materials;

c. Student Evaluations (written or through less

formal means) and the Employee’s response to

these evaluations, if any;

d. Review of applicable administrative and/or

service duties;

ARTICLE XIX: PERFORMANCE EVALUATION

109

e. Any feedback provided to the Employee pursuant

to Section A.6. above;

f. In addition, the academic unit may require a brief

statement by the Employee that reflects on the

Employee’s performance since their last review

and growth in pedagogy, teaching, service (if

applicable), outlining challenges and triumphs,

and, most importantly, future directions, including

a discussion of plans and resources. The academic

unit will inform Employees of any specific

requirements for the statement.

4. A written summary of the continuing review, including

recommendations for continued professional growth,

along with a list of resources, if applicable, shall be

provided to the Employee. The Employee may request to

meet with the supervisor to discuss the review and plans

for continued professional growth. If written clarification

is sought and obtained under Section A.16. above, such

documents will be attached to the review summary.

5. If an Employee’s continuing review is successful, the

Employee will receive an ongoing appointment subject to

continuing reviews every seven years in accordance with

Article XI.B.2.f.ii.a. or XI.B.4.d.ii.a., as applicable.

6. If an Employee’s continuing review does not satisfy the

criteria as described in Section D above, the Employee

will be given a one-year terminal appointment, or at the

academic unit’s discretion, a two-year terminal

appointment, at the outset of which a team will be

assembled to address the problems identified in the

review. The team shall consist of the Employee’s

supervisor or designee, a representative of the academic

unit who has had no prior direct involvement in the review

ARTICLE XIX: PERFORMANCE EVALUATION

110

in question, and the Employee. The Employee may have a

representative from the Union present to advise them on

the content of the remediation plan.

7. The team will develop a written remediation plan, which

will include but is not limited to the following:

a. Areas of Employee performance in need of

improvement;

b. Specific performance expectations;

c. Steps of remediation and timelines for

improvement;

d. Appropriate resources.

8. Both Academic Human Resources and the Union will

receive copies of the remediation plan.

9. Once the Employee’s remediation plan is finalized, the

terminal appointment period shall be referred to as the

remediation period.

10. At the conclusion of the remediation period, or sooner as

provided in Section F.3. below, the Employee will

undergo a Remediation Review, as specified in Section F.

below.

Section F. Remediation Reviews

1. A remediation review will be conducted at the conclusion of a

remediation period following the continuing review.

2. A remediation will be overseen by the Employee’s supervisor

or designee who will work with the Employee during the

course of the remediation period. Others, including the other

member of the team that developed the remediation plan, may

also be identified by the remediation plan as resources to work

with the Employee during the remediation.

ARTICLE XIX: PERFORMANCE EVALUATION

111

3. In the final semester of the remediation period, or sooner if

both the Employee and the academic unit have agreed to

conclude the process early, the supervisor or designee, and the

Employee will review the Employee’s progress in fulfilling

the terms of the remediation plan. The supervisor or designee

will then write a remediation review report regarding the

Employee’s progress in meeting the remediation plan

objectives. This remediation review report will recommend

the outcome of the remediation. A copy of the report will be

provided to the Employee. The Employee may provide a

response to the report, including a self-assessment of their

progress, which will be appended to the report. The report, and

a response, if any, will go to the Employee’s academic unit for

a decision on the outcome of the remediation.

4. This remediation review will be confined to the problems

specified in the remediation plan. Newly identified problems,

if any, may be addressed informally, or in a subsequent

remediation plan, or through the provisions of Article XX.,

Discipline and Dismissal.

In the event that the Employee’s academic unit determines that a

failure of remediation review rises to the level of a cause for non-

reappointment, the Employee will not be reappointed beyond the

remediation period. The Union may choose to appeal the decision

to the Provost pursuant to the alternative appeal process defined in

Section G. below. If the Union chooses to appeal under Section

G., neither the Union nor the Employee may file a grievance

challenging any aspect of the remediation or non-reappointment.

Section G. Alternate Appeal Process for Unsuccessful

Remediation Reviews

1. The Union may submit a written appeal of a remediation

review decision that results in non-reappointment within 60

days of the receipt of the decision. The appeal shall be

ARTICLE XIX: PERFORMANCE EVALUATION

112

submitted to the Provost of the Employee’s campus, and

copies shall be provided to the academic unit, the Dean, and

Academic Human Resources. The written appeal shall state,

with specificity, the Union’s basis for the appeal.

2. The Provost shall consider the record, which includes the

previous continuing review materials and reports, as well as

those of the remediation review, with all attendant Employee

responses appended. This review will include the issues raised

by the Union in its written appeal. The Provost may make

further inquiries as deemed appropriate by the Provost.

3. When the Provost’s review of the appeal is complete, the

Provost shall issue a written decision to the Employee, the

Union, and the academic unit. The Provost may allow the

decision giving rise to the appeal to stand, may overturn it, or

may return the matter to the academic unit to redo the

procedure. If the Provost returns the matter to the academic

unit to redo the procedure and the subsequent academic unit

decision remains unsatisfactory to the Union, the Union may

file a second appeal under this section. In the event of such a

second appeal, the scope of issues under review will be limited

to those events and decisions arising after the return of the

matter to the academic unit. If the Provost overturns the

decision giving rise to the appeal, the Provost shall specify the

length of the period of reappointment to seven years.

4. The decision of the Provost to overturn or to uphold the non-

reappointment is binding on the academic unit, the Employee

and the Union with respect to the non-reappointment decision

being appealed. If the Provost upholds the decision of the

academic unit for non-reappointment, the Union may grieve

the decision solely and exclusively on the grounds of an

alleged procedural violation of this section. If such a grievance

is filed, the authority of the arbitrator shall be limited to

ARTICLE XIX: PERFORMANCE EVALUATION

113

ordering the Provost to redo the process set forth in this

section.

ARTICLE XX: DISCIPLINE AND DISMISSAL

114

ARTICLE XX

DISCIPLINE AND DISMISSAL

Section

General

visions

1. Discipline is a written warning, suspension with or

without pay, reduction in duties, or reduction in

for misconduct or unsatisfactory

perfor

mance

2. Dismissal is the termination of

emplo

yment,

initiated by the Employer, prior to a previously

sta

ted appointment end date (if applicable), for

serious misconduct or unsatisfactory

perfor

mance

3. Any discipline or dismissal of an Employee pur

suant

to this Article shall be for just cause

Discipline or Dismissal actions taken pursuant to this Article

are subject to Article X., Grievance and Arbitration Procedure.

If an Employee fails to grieve a disciplinary action in a

timely

manner pursuant to Article X., such Employee is considered

to have waived the right to grieve the issue. An

Employee dismissed for just cause may initiate the

grievance at

Ste

Three of the grievance procedure

defined in Article

Section B. Remediation Plan

Prior to termination or reduction in duties or reduction in

for unsatisfactory performance, the following actions will be

taken:

1. The supervisor shall discuss the matter with

the

Employee, indicate the

problem(s),

articulate

the

performance expectations and time frames, and,

her

applicable, identify appropriate resources.

2. If a remediation plan is appropriate, the superviso

working with the appropriate academic resources

ARTICLE XX: DISCIPLINE AND DISMISSAL

115

CRLT), shall provide the Employee with a

written

remediation plan that sets forth the required

areas of improvement and a reasonable time period

within

which the improvement shall be

accomplished.

If the Employee fails to achieve the improvements set forth

B.1. or B.2. above, the Employee may be subject to discipline

or dismissal under the provisions of this Article

Section C. Procedure

For

Discipline

Dismissal

Prior to termination or reduction in duties or reduction in

for unsatisfactory performance, if an Employee fails to

hie

the improvements outlined in Section B. above, or in

cases of misconduct, the Employer

will:

1. Provide a written Notice of Intent to the

fected

Employee.

2. Send a copy of the notice to the Union.

3. Inform the Employee of the disciplinary or dismissal

action intended, and the effective date of the

action.

4. Provide an explanation of the reason for the

action.

5. Inform the Employee and Union of the date, time

location and Employer participants of a

view

Conference to review the issues raised in the Notice

Intent.

6. Inform the Employee of their right to

Union representation at the Review Confer

ence

Section D.

Review

Confer

ence

A Review Conference committee will be appointed by the

Employer to review issues of misconduct or unsatisfactory

perfor

mance

ARTICLE XX: DISCIPLINE AND DISMISSAL

116

2. In cases of unsatisfactory performance where

the

quality of

teaching is at issue, the Review Confer

ence

shall be

conducted by a committee including

majority of academic

appointees with knowledge of the Employee’s field of

xpertise

3. At the Review Conference the Employee

and/or

Union

representative shall be entitled to speak on the Employee’s

behalf and to provide any

supporting

documentation. The

Employee shall also be allowed no more than two

(2)

people

to speak on their behalf during the conference. If the involved

Employee fails to respond, the Employer will make a

decision based upon available inf

tion.

4. Subsequent to the Review Conference and

after

consideration of the facts, the Committee

will

further review

disciplinary options, conduct additional investigation as may

be needed,

and

make a recommendation to the Employer

ding

appropriate

action.

5. The Employer will inform the Employee and

the

Union of its

decision in a timely manne

6. In the case of serious misconduct on the part of

Employee, a suspension (i.e., interruption of

active

employment and removal of the Employee from

the

workplace), with or without pay, may occur,

pending

the

scheduling of a Review Conference preparatory to a

decision about the extent of appropriate disciplinar

action,

if any, to be taken.

7. All participants in the Review Conference shall maintain

confidentiality of the case under considera

tion.

Section

E. Written

Notice

Action

1. In a timely manner as indicated in D.5.

abo

following the Review Conference, a Written Notice

of the result of the disciplinary review and the

action

being taken, if any, and the effective date of the

action

ARTICLE XX: DISCIPLINE AND DISMISSAL

117

will be mailed to the Employee and the Union. This

Written Notice shall include a summary of the reasons

for the action being taken.

2. The Employer’s action may not include discipline

more severe than that described in the written Notice

of Intent; however, the Employer may reduce such

discipline without the issuance of a further

written

Notice of

Intent.

ARTICLE XXI: HARASSMENT

118

ARTICLE

XXI

HARASSMENT

Harassment of any Employee shall be prohibited by

the

Employer and will not be

tolera

ted.

“Harassment” means conduct by a University of

Mic

hig

employee or student directed toward an Employee that arises

from or is related to the Employee’s status or function as

Employee and includes, but is not limited to, repeated or

continuing contact that would cause a reasonable

individual

to suffer emotional distress and that actually causes

the

Employee to suffer emotional distress.

ARTICLE XXII: HEALTH AND SAFETY

119

ARTICLE

XXII

HEALTH AND SAFETY

Section

In the interests of Employee health and safety, the

Emplo

will take reasonable measures to provide proper heat,

light,

acoustics, and ventilation for all Employees and to

minimiz

undesirable conditions and job hazards to which Employees

may be

subject.

Section

The Employer shall provide and distribute information

about

procedures to be followed in the event of an emergency,

and

how to request first aid information and supplies or equipment

when needed.

Section

It is recognized and understood by the Union and

the

Employer that some of the work performed by Employees

involves potential hazards and risks inherent in the work

itself.

Section

The Employer shall maintain compliance with the established

and accepted industry and Employer practices and procedures

regarding health and safety, and with recognized

and

accepted safety standards and protocols. A working condition,

procedure, operation or process will not, for the purposes of

this Article, be considered unsafe if the work and the methods,

practices and procedures required to perform it are consistent

with the standards described in this section.

Section E.

If an Employee believes an unsafe condition exists, they should

report it to an appropriate administrator in

the

employing

academic unit, or, if they are not immedia

tely

available,

contact Campus Safety. The Employer shall promptly

investigate and take measures to ensure the

safety

of the

ARTICLE XXII: HEALTH AND SAFETY

120

Employee. During the period of any such

estig

tion

by the

Employer, the Employee’s work assignment will be modified so

as not to expose them to the allegedly unsafe condition.

Section

No Employee will be disciplined for refusing to work

conditions determined to be unsafe or for refusing to use

equipment determined to be unsafe. However, any Employee

who knowingly makes false claims or refuses to perform a

assignment when they know no unsafe condition

xists may be

subject to discipline

ARTICLE XXIII: PERSONNEL RECORDS

121

ARTICLE

XXIII

PERSONNEL

RECORDS

Section

The Employer will maintain personnel records for

eac

Employee. The records shall include documents

pertaining

to job performance, professional achievement, and

war

The Employee shall have the right to add material to

their personnel record, including but not limited to

documentation of service or professional awards, nominations

hie

ements

Section

The source of all materials and electronic correspondence

received from department chairpersons, administrative officers

or other responsible sources shall be

indica

ted.

Anonymous communications shall not be placed in

Employee’s personnel record.

The Employee shall have the right to place, in the personnel

record, a written response to any document contained in their

personnel record, and that response shall be attached to

the

appropriate document.

Section

The Employee shall have the right to review their

personnel record at a reasonable time and place and

the presence of a designated Employer

presenta

tiv

A representative of the Union may, with the Employee’s

authorization, accompany the Employee while they

review their personnel record.

Section

Upon request, the Employer shall provide the Employee

with

copy of part or all of their current personnel

ecor

d, subject to a

standard duplication fee.

ARTICLE XXIII: PERSONNEL RECORDS

122

Section E.

Access to personnel records shall be limited to those

individuals

with a legitimate need to know in connection with

their

University responsibilities.

ARTICLE XXIV: PROFESSIONAL DEVELOPMENT

123

ARTICLE XXIV

PROFESSIONAL DEVELOPMENT

The Employer recognizes that access to, support of, and

recognition of participation in professional development activities

is vital to the professional and personal growth of Employees, as

well as that these activities enhance and strengthen the academic

programs and mission of the University.

Section A. Equal Access to University Professional

Development Activities

All Employees shall have:

1. Equal access (defined as notification and invitation to attend)

with tenure-track faculty to all professional development

activities which include, but are not limited to, CRLT, HUB,

and TCLT courses and distance learning workshops or

seminars that are provided by the University; and

2. Equal opportunity with tenure-track faculty to apply to attend

such activities where general invitation is not sufficient for the

participation in such activities.

Section B. Equal Access to Support

1. Employees whose job duties include course development and

who have continuing appointments are eligible to apply for

CRLT grants.

In the context of CRLT’s Grants for Teaching, the definition

of “course development” shall be: “when an Employee has

been assigned, or has an agreement with his or her Chair, to

develop a new course, or significantly revise an existing

course.” In this same context, the definition of “continuing

appointment” shall be: “when an Employee’s appointment

extends, or is expected by both the Employee and his or her

Chair to extend, beyond the term of the award.”

2. Employees on the Dearborn campus are eligible to apply for

HUB grants, including but not limited to HUB’s Creative

Teaching Fund and Assessment Grant.

ARTICLE XXIV: PROFESSIONAL DEVELOPMENT

124

3. Employees on the Flint campus are eligible to apply for

TCLT grants, including but not limited to TCLT’s Faculty

Development Teaching Grants, Lilly Conference Funding,

and Teaching Circles.

In the context of TCLT’s Faculty Development Grants, the

definition of “eligible” is: “eligible lecturers are expected to

have a continuing appointment with the university” and

“have an active teaching appointment” in the semester the

grant is applied for.

4. All Employees shall be eligible to apply for other grants and

funds that may be offered by the Employer (at the individual

campuses as well as University-wide).

5. It is understood that access to the application of funding in no

way ensures that funding will be granted.

Section C. Lecturer Professional Development Funds

For the 2021-22, 2022-23, and 2023-24 academic years, the annual

level of funding for the Lecturer Professional Development Fund

on each campus shall be no less than the following:

Ann Arbor: $38,000

Dearborn: $23,000

Flint: $23,000

Unused funds will be rolled over into the following year.

For the 2022-2023 and 2023-24 academic years, the level of

funding for the lecturer Professional Development Fund on each

campus shall increase by $1500 each year.

All Employees not on full layoff at the time the application is

submitted shall be eligible to apply for grants from the Lecturer

Professional Development Fund. Grants from the Fund shall not

exceed $1,500 for any Employee in an academic year. Employees

already eligible for existing professional development funding in

their academic units shall apply first to the academic unit before

applying to the Lecturer Professional Development Fund.

ARTICLE XXIV: PROFESSIONAL DEVELOPMENT

125

Decisions about the distribution of funds shall be made by a

committee on each campus, which will review applications no less

than five (5) times per year. The committee will meet and provide

a new draft schedule for applications no later than January 1,

2022, to the Union, and the Union shall be given an opportunity to

provide input. The membership of each committee shall be

determined by the Provost at that campus and will include one or

more Employees. The committees will develop criteria, policies

and procedures for administering the fund on their respective

campuses, consistent with University business procedures.

Employees will have the ability to apply more than once in an

academic year, provided the total individual amount has not been

reached.

If a committee decides to change existing criteria, the committee

shall provide to the Union a draft of the proposed changes, and the

Union shall be given an opportunity to provide input. At the end of

each academic year, the committees shall provide to the Union an

accounting of the dispersal of funds.

The Lecturer Professional Development Fund is not intended to

supplant policies or past practices for the granting or dispersal of

funds within the academic units as set forth in Section D.

Section D. Current Practice

Any policies or past practices for the granting or dispersal of funds

for travel support and other professional development

opportunities to Employees that are currently in place by academic

units shall remain in place, unless superseded by another part of

this Agreement.

Section E. Additional Opportunities

Nothing in this Article shall prevent the Employer from granting

additional professional development and/or educational

opportunities to Employees outside those described in this Article.

ARTICLE XXV: COLLEGIATE LECTURER PROGRAM

126

ARTICLE XXV

COLLEGIATE LECTURER PROGRAM

Section A. Establishment of Collegiate Lecturer Program

1. Effective September 1, 2011, the Employer shall

establish a Collegiate Lecturer Program on each

campus.

2. Effective September 1, 2018, the criteria will be

changed as outlined below, and the first cohort under

the revised criteria shall be appointed for the 2018-19

academic year in Flint and in Dearborn and in 2019-

20 in Ann Arbor.

Section B. Eligibility

The following Employees will be eligible for nomination as a

Collegiate Lecturer:

1. The Employee is a Lecturer II or Lecturer IV;

2. The Employee has been employed as an Employee for

at least ten (10) years at the time they are nominated;

3. The Employee has successfully completed two (2)

major reviews at the time they are nominated;

4. The Employee is not on full layoff at the time they are

nominated.

An Employee cannot be both an LSA Senior Lecturer and a LEO Collegiate Lecturer.

If a current LSA Senior Lecturer were to be selected as a Collegiate Lecturer, they would

need to relinquish the Senior Lecturer designation before accepting.

ARTICLE XXV: COLLEGIATE LECTURER PROGRAM

127

Section C. Criteria

1. The provost’s office at each campus will establish criteria

to be used in the selection of Collegiate Lecturers, which

will be primarily based on:

a. exceptional teaching (for Lecturer IIs) or

b. exceptional teaching and/or exceptional service or

other contribution to the University (for Lecturers

IV).

2. Each provost’s office will share a draft of the revised

proposed criteria with the Union for input, and a final

copy of the criteria will be provided to the Union.

Section D. Nomination and Selection Procedures

1. The nomination and selection procedures for

Collegiate Lecturers will be determined by the

provost’s office at each campus. Such procedures will

include, at minimum:

a. A process by which academic units may nominate

eligible Employees for the Collegiate Lecturer title;

b. A procedure by which an Employee, once selected as a

Collegiate Lecturer, may suggest a modifier for the

title of Collegiate Lecturer that honors a former

University faculty member, including Lecturers, who

has made outstanding contributions to the academic

unit, discipline, or University;

c. A statement that Collegiate Lecturer appointments will

be made once per academic year.

2. Each provost’s office will share a draft of the

proposed nomination and selection procedures with

the Union for input, and a copy of the final

nomination and selection procedures will be provided

to the Union.

ARTICLE XXV: COLLEGIATE LECTURER PROGRAM

128

Section E. Number of Collegiate Lecturer Appointments

1. Each academic year, there may be two (2) appointments

made in Flint, two (2) in Dearborn, and up to four (4) in

Ann Arbor. In Flint and Dearborn, one (1) award shall be

for an LIV and one (1) award for an LII. In Ann Arbor,

two (2) awards shall be for Lecturer IIs, and two (2)

awards shall be for Lecturer IVs.

2. If a campus does not appoint the full number of

Collegiate Lecturers permitted by this section in a given

academic year, an amount equal to the annual award

described in Section G.3. below that is not provided to a

new Collegiate Lecturer shall be added to the campus-

level professional development fund described in Article

XXIV.C. for that academic year.

Section F. Collegiate Lecturer Title

1. An Employee who is selected as a Collegiate Lecturer

will:

a. retain their title as a Lecturer II or IV;

b. also hold the honorific title of “Collegiate Lecturer.”

2. As specified in each campus’s procedures, a

Collegiate Lecturer may suggest a modifier for the

title of Collegiate Lecturer that honors a former

University faculty member, including Lecturers,

who has made outstanding contributions to the

academic unit, discipline, or University.

3. A Collegiate Lecturer will ordinarily hold the honorary

title of “Collegiate Lecturer” throughout their career as

a Lecturer at the University. If the Employer believes

there is reason to remove the honorary title, the

procedures set forth in Article XX shall be followed

prior to removal of the title. For purposes of Article

XX, removal of the honorary Collegiate Lecturer title

shall be considered a form of discipline.

ARTICLE XXV: COLLEGIATE LECTURER PROGRAM

129

4. Upon retirement, an Employee who holds the honorary

title of “Collegiate Lecturer” will be given the honorary

title of “Collegiate Lecturer Emeritus.”

In addition to the other benefits which are

provided to all Employees who retire from the

University, a Collegiate Lecturer Emeritus shall

be entitled to receive the package of computing

services that is provided to emeritus or emeriti

faculty who retired at the same time as the

Collegiate Lecturer Emeritus.

Section G. Award

1. Collegiate Lecturers will receive a monetary award as

specified in this section.

2. The specific award amount and duration of the award

will be determined by the provost’s office of each

campus at the same time as the nomination and

selections procedures described in Section D. above and

subject to the minimums provided in Section G.3.

below.

3. For at least the first two years as a Collegiate Lecturer an

Employee will receive an annual lump-sum payment of

at least $1,000 to support teaching and professional

development.

ARTICLE XXVI: FACULTY SUPPORT

130

ARTICLE XXVI

FACULTY SUPPORT

Section A.

All academic units that have an electronic faculty directory

shall list all Employees in the unit in that directory. The

information shall include, at a minimum, the name, title, and

contact information (e.g. email, phone number, office

address) if that information is provided for tenured and

tenure-track faculty. For newly hired Employees, the

academic unit shall post this information within two weeks

of the first semester of employment.

Section B

The Employer shall extend current library privileges to

Employees consistent with privileges provided to

tenur

e-track

faculty. Employees will have borrowing privileges

thr

oughout

the entire University Library

System.

Section C

Departments will make arrangements for Employees to

obtain

texts when provided free of charge by the publisher.

instructional materials required by the department for a course

being taught by the Employee or required or recommended for

students taking a course will be provided at no cost to

the

Employee.

Section D

The Employer shall provide access to facilities, services, texts, and

instructional support that is reasonably necessary for the Employee

to complete their assigned duties and responsibilities, including

but not limited to:

1. New Employee Orientation and/or the name and contact

information of a person in the unit to whom they may direct

questions regarding their appointment;

ARTICLE XXVI: FACULTY SUPPORT

131

2. Office and desk space, telephone, and answering equipment;

3. A computer that is connected to the internet;

4. Storage space;

5. Office, laboratory, and instructional equipment;

6. Mailbox;

7. Office supplies;

8. Text, and/or reading materials;

9. Photocopying equipment;

10. Email account.

Section E

Classroom facilities, technology, technological support and

the

training necessary for the use of said facilities and

tec

hnolog

shall be provided at no cost to the Employee on the same basis as

the tenure-track

faculty.

Section F.

Employees shall have the right to request that books, videos,

software or other materials be purchased by the

appropriate

librar

Section G

Keys to the office space, mailboxes and buildings

her

classes

are assigned shall be provided consistent with campus or building

specific policies, to the same extent as for other instructional

faculty in the academic

unit.

ARTICLE XXVII: POSTING, HIRING, AND NOTIFICATION

132

ARTICLE XXVII

POSTING, HIRING, AND NOTIFICATION

Section A. Posting

1. Posting Procedures

All appointment opportunities shall be posted on the

Employer’s Human Resources website. All Employees,

including all Employees on layoff, in the academic unit

shall be notified of all such appointment opportunities in

accordance with Article XII.E.5.

Unless otherwise provided for in this Agreement, all

appointment opportunities will be posted as soon as

practicable. All such appointment opportunities will be

posted for a minimum of ten (10) days. All postings will

include:

a. the appointment opportunity for which applications

are being accepted;

b. a general description of the duties;

c. the duration of the appointment;

d. the expected percentage of effort;

e. the minimum and desired qualifications and the

selection criteria to be used;

f. the deadline for application and the beginning date

of the appointment;

g. the expected date by which the offer of appointment

will be made;

h. an indication whether the appointment opportunity

is subject to final approval by the academic unit;

i. the fact that the appointment opportunity as posted

is subject to this Agreement.

2. If no current Employee meets the required qualifications of

a job description for a Lecturer III position, an applicant

hired to that position must meet all required qualifications of

the job description not met by those currently employed.

ARTICLE XXVII: POSTING, HIRING, AND NOTIFICATION

133

3. Exceptions to Posting Procedures

a. In the event that the employing academic unit

intends to recall an Employee from layoff, posting is

not required.

b. The Employer may fill a Lecturer III position

from the ranks of current or laid off Employees

without posting.

c. This posting requirement can be waived by the

Employer when it would interfere with the need for

timely hiring decisions, in unusual circumstances, or

if otherwise provided for in this Agreement.

d. Posting is not required when the Employer fills a

position under Article XIV., Provisions for Special

Case Appointments.

Section B. Hiring and Notification

Hiring units will provide notification of hiring decisions to all

Employees who have applied for the appointment opportunity

within fourteen (14) days after it has been filled. Unsuccessful

applications will be retained for potential consideration in the

event that there are future similar openings.

Upon initial employment, re-employment, or any notification of a

change in the terms and conditions of an Employee’s

appointment, the Employee will receive written notification

specifying:

1. Title;

2. Name of employing academic unit;

3. Duration of employment;

4. Name of department chair, program head, or other person

to whom the Employee reports;

5. Percentage of effort and salary;

6. Information regarding benefit eligibility;

7. A description of the appointment and general

responsibilities;

ARTICLE XXVII: POSTING, HIRING, AND NOTIFICATION

134

8. The relevant statement required under Article IV,

Authorization for Payroll Deduction of Union Dues and

New Hire Reporting, as well as the Authorization for

Payroll Deduction of Union Dues card.

ARTICLE XXVIII: WORKLOAD

135

ARTICLE XXVIII

WORKLOAD

Section

The Employer and the Union agree that at The University of

Michigan the establishment of a universal workload

standar

for all academic units is a complicated matter, affected by

the

nature of the academic unit and its programs as well as other

factors unique to that appointing academic unit and campus

Section

Each School or College shall publish current

kload

standards for full-time equivalent employment for each

Lecturer title employed by that unit no later than January 1,

2022. If an individual academic unit calculates effort in a

manner different from what is stated in the general School or

College workload standards, the unit will publish their effort

calculations no later than January 1, 2022.

IMPLEMENTATION: In no case shall Employee workload

increase as a direct result of implementation of this section.

Section

The academic unit may continue and/or establish course

credit equivalencies as appropriate and shall define and

publish their course credit equivalencies. Academic units that

currently have course credit equivalencies will publish

them no later than January 1, 2022. Academic units that

establish course credit equivalencies will publish them by

July 1 for the following academic year. Such course

edit

equivalencies include but are not limited to the estima

tion

of percent effort for specific courses and the calculation

of course credit equivalencies (or other calculation) for

other assigned duties. Except as provided in Section D.

below, such course credit equivalencies shall be applied

consistently to

all

Employees in the academic

unit.

ARTICLE XXVIII: WORKLOAD

136

Section

In those circumstances where the assigned percentage of effort

for specific

course(s)

for an individual Employee as of July

2010, exceeds the standard percentage of effort for the specific

course(s)

in the academic unit (based on the academic

unit’

workload standard), this

ariance:

1. Shall be preserved for the individual Employee, b

2. Shall not:

a. modify the academic unit’s workload

standar

b. create an obligation with respect to course

edit

equivalencies for the specific

course(s)

for other

Employees.

Section E.

In the event the Employer proposes to make

substantiv

changes to the current workload standard for an

academic

unit, the Employer will provide notice of the intent to the

Union to make the changes by no later than March 1 for

the following

academic

year and establish and publish the revised

workload standard by no later than July 1 for the following academic year. If

the revised workload standards deviate significantly from

previous standards within the unit, the Union may request

impact negotiations to address the issue.

Section

In the event the Union has a concern regarding an

academic

unit’s workload standard or an individual Employee’s

workload, the Union may request a special conference

with

the Employer under Article VI., Union-Employer Conferences,

to discuss the concern. If the concern is not resolved

during

the special conference process, a grievance may be filed

regarding workload that is unreasonable or inconsistent

with

the percentage of effort assigned.

ARTICLE XXIX: CONFLICTS OF INTEREST AND CONFLICTS OF

COMMITMENT

137

ARTICLE XXIX

CONFLICTS OF INTEREST AND CONFLICTS OF

COMMITMENT

As members of the faculty of the University of

Mic

hig

an,

Employees are to act with honesty, integrity, and in the best

interest of the University when performing their duties, and to

abide by the highest standards of educational, professional,

and

fiscal conduct. The expectations regarding conflict of

inter

est

and conflict of commitment are set forth in Standard

Practice

Guide 201.65-1, Regents’ By-Law Section 5.12,

ela

ted

University policies and procedures, and conflict of

inter

est

and conflict of commitment unit implementation policies for

faculty (“unit implementation policies”).

While

each unit implementation policy may contain elements

unique to the particular academic unit, the following

provisions will apply to all unit implementation policies:

Section

Conflicts

Inter

est

1. In the event of an inconsistency between a

unit

implementation policy and this Agreement, this

Agreement will pr

ail.

2. The grievance and arbitration procedure set forth

Article X., Grievance and Arbitration Procedure, of

the Agreement shall apply to all disputes involving

decision made under a unit implementation

polic

3. The Employer will provide the Union with a

cop

of the unit implementation policy for each

academic

unit that employs Employees. A copy will be pr

vided

following approval by the President of policies adopted

by the department, school or college, and an

upda

ted

copy will be provided following the approval of

revision to the unit implementation

polic

ARTICLE XXIX: CONFLICTS OF INTEREST AND CONFLICTS OF

COMMITMENT

138

4. In the event the Union has a concern regarding

the

applicability of a particular provision of a

unit

implementation policy to Employees, the Union

will

notify the University, in writing, of the concern.

The University will work with the Union to resolve

the

concern. If the concern is not resolved, the

Union may request bargaining with respect to the

unit

implementation policy’s application to the

ter

and conditions of employment for Employees.

5. A potential conflict of interest exists

hene

personal, professional, commercial, or

financial

interests or activities outside of the University

the possibility (either in actuality or in

appearance) of

(1)

compromising an Employee’s

judgment; (2) biasing the nature or direction of

scholarly

esear

ch;

(3)

influencing an Employee’s

decision or behavior

with

respect to teaching and

student affairs, appointments and promotions, uses

of University resources, interactions with human

subjects, or other

tter

of interest to the

University; or

(4)

resulting in

personal or family

member’s gain or

adv

ancement

at the expense of

the University. For purposes of this subsection,

family members include spouse,

Other

Qualified

Adult, and dependents.

6. All Employees must promptly disclose

potential

conflicts of interest in accordance with

the

disclosure mechanism set forth in the

applicab

unit implementation policy. Following

disclosure of a potential conflict of interest, the

academic

unit

will evaluate the extent of the

potential conflict

and

determine whether it is

necessary to manage or to eliminate the

ARTICLE XXIX: CONFLICTS OF INTEREST AND CONFLICTS OF

COMMITMENT

139

potential conflict. If the academic

unit

determines that management or elimination of

the

potential conflict is necessary, the academic

unit

will

develop a conflict management plan in

consulta

tion

with the Employee. The Employee

must abide by

the

terms of the plan; failure to

do so may be cause for discipline or dismissal.

Section B. Conflicts

Commitment

1. A potential conflict of commitment exists when

Employee’s external obligations have the

possibility (either in actuality or in appearance) of

interfering or competing with the University’s

educational,

esear

ch,

or service missions, or with

the Employee’s ability or willingness to perform

the full range of responsibilities associated with

their position.

2. The basis for judging whether a conflict of

commitment exists will be whether or not

the

Employee is satisfactorily fulfilling their pr

viously

assigned responsibilities. In the event an Employee

accepts new responsibilities with the

Emplo

er that

create a potential conflict of commitment,

the

academic unit will develop a conflict

management

plan in consultation with the Employee.

3. Prior to engaging in any outside employment

during

the fall or winter semester, an Employee

with

appointment of .80 FTE or greater must

obtain

the

approval of the academic unit in which

they are employed. A reasonable request shall not

be denied.

4. Except as provided under paragraph 6

belo

disclosure of outside employment shall be

kept confidential by the supervisor and will

ARTICLE XXIX: CONFLICTS OF INTEREST AND CONFLICTS OF

COMMITMENT

140

not be considered relevant in performance

alua

tions

5. Except as provided under paragraph 6 below, outside

employment undertaken by Employees with

appointments of less than .80 FTE, and other external

unpaid obligations undertaken by all Employees need

not be disclosed.

6. If the academic unit has reason to believe that an

Employee’s outside employment or other external

unpaid obligations are negatively affecting the

Employee’s performance of their obligations to the

University, or are interfering with the Employee’s

availability to perform their assigned duties, the

academic unit may require the Employee to remedy

the situation. Failure on the part of the Employee to

remedy the situation may be cause for discipline or

dismissal in accordance with Article XX., Discipline

and Dismissal.

ARTICLE XXX: TEMPORARY SUBSTITUTE TEACHING

141

ARTICLE

XXX

TEMPORARY SUBSTITUTE

TEA

CHING

Employees may be assigned to substitute teach and will be

compensated based on their full-time compensation rate

and

the percent of effort associated with the additional

teaching

assignment.

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

142

ARTICLE

XXXI

LEAVES OF ABSENCE

WITHOUT

PAY AND

FMLA CHILD-CARE EXTENSION LEAVE

BENEFIT

Section

A. Leaves of Absence Without

Employees will be granted unpaid leaves of absence subject

to the conditions described below. Except as specified below,

the

maximum duration of any such leave of absence will not

exceed one

(1)

year or the previously established appointment

end date

, whichever occurs first. The parties agree that

one-year leave of absence for an Employee on a m

ultiple-

year appointment will be granted with the expectation

tha

the Employee will be returning from the leave. In unusual

circumstances, an academic unit may agree to an

unpaid

leave of absence lasting longer than one

(1)

ear

Section B. Non-Discretionary

Lea

The following types of leaves of absence without pay

shall be granted, subject to the described eligibility and

appr

criteria.

1. Personal

Medical:

An Employee who is unable to work because of

personal illness, injury, or disability,

including

pregnancy-related disability, and who has

xhausted

any available Sick Pay shall be granted a Personal

Medical Leave of Absence.

a. To be eligible for a Personal Medical Leave of

Absence, an Employee shall pr

vide

documentation of disability acceptable to

the

Employer. Such documentation shall specify

the diagnosis necessitating the Leave, the

on which the disability began, and the

obab

duration of

disabilit

b. An Employee returning from a Personal

Medical

Leave of Absence may be required to pr

vide

Practically speaking, a leave of absence may extend beyond an appointment end

date provided that the Employee has been reappointed or renewed for any period

immediately following that appointment end

te.

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

143

medical documentation acceptable to

the

Employer that contains a release to return to

noting any

estrictions

c. Prior to the Employee’s return to work,

the

Employer may require, without cost to

the

Employee, that a physician or physicians of

its

choosing examine the Employee and pr

vide

evidence of ability to return to work that is

acceptable to the

Emplo

d. Time spent on a Personal Medical Leave of

Absence may be counted as part of leave

ailab

under the Family and Medical Leave

Act.

2. Child

Car

Within the twelve (12) month period following

the

birth of the Employee’s child or the Employee’s

adoption or assumption of foster care placement

child or legal guardianship for a minor under

the age of six (6), or a disabled child under the

age of twelve (12), an Employee, upon written

request, shall be granted a Child Care Leave of

Absence for up to one

(1)

year. Time spent on a

Child Care Leave of Absence may be counted as

part of leave available under

the

Family and

Medical Leave

Act.

3. Family

Medical:

An Employee who is eligible to request leave under

the

Family and Medical Leave Act of 1993 (“FMLA”)

and

who is unable to work because they need to care for a

family member (as defined below)

has a serious

health condition under the FMLA

will

be granted a

Family Medical Leave of Absence of up to twelve

(12) weeks, or the pr

viously-estab

lished

appointment

end date, whichever occurs fir

st.

The Employer may require documentation from

the

Employee of the circumstances necessitating a

amily

Medical Leave of Absence.

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

144

See Appendix A, Definitions, for details on the FMLA,

and the criteria for eligibility to request leave under

the

FMLA.

A “Family Member” is defined as the Employee’s

spouse or Other Qualified Adult (“OQA”); and

the

child, sibling, parent, or grandparent of the Employee,

the Employee’s spouse, or the Employee’s OQA; or

other related individual whose care is the

esponsibility of the Employee, spouse, or OQA.

4. Military

Service:

An Employee who has a selective service

induction,

A-1 enlistment, or has been activated as

a member of the National Guard or Reserve, shall

ranted

a Leave of Absence as provided for

under federal and state

5. Government

Service:

Upon presentation of appropriate documenta

tion,

Employee shall be granted a Government

Service

Leave

of Absence when they:

a. are elected to a full-time public political office,

except that of Michigan state legislator,

b. are appointed to a full-time office of a

policy-

making

nature or one of significant responsibility

such as head of or assistant to the head of an

office, department, or branch of the federal, state,

or local

ernment.

An initial Government Service Leave may

xtend

for

one

(1)

term of office, or twelve (12) months of service

in the governmental position, whichever is less. Such

leaves are renewable on request for

additional

terms of

office or years in the position; however,

the

total

duration of a Government Service Leave of Absence

shall not exceed the previously established appointment

end

te.

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

145

Section C. Discretionary

Lea

The following types of leaves of absence without pay

be granted, subject to the described eligibility and

appr

criteria.

1. Personal:

An Employee who is a Lecturer II, III, or IV may,

the discretion of the Employer, be granted a Personal

Lea

holar

ly:

An Employee who is a Lecturer II, III, or IV may,

the discretion of the Employer, be granted a

holar

Leave to pursue scholarly or other creative endea

Educa

tional:

An Employee who is a Lecturer II, III, or IV

has

at least twelve (12) months of continuous

service and who wishes to undertake a full-time,

accr

edited educational program that is directly

related to their current position may, at the

discretion of the Employer, be granted an

Educational Leave of Absence. An initial

Educational Leave may

xtend

for up to twelve (12)

months, renewable for periods of up to a maximum

of four

(4)

years, or the pr

viously

established

appointment end date, whichever occur

fir

st.

In unusual circumstances, an academic unit may

rant

a discretionary leave of absence to a Lecturer I.

Section D. Discretionary Leave Benefit for Long-Term

Service

An Employee who has completed at least two major

reviews and who is granted a discretionary leave for

scholarly or educational reasons (as outlined in C.2-3.

above) shall maintain the Employer contribution to

their benefits (health, dental, vision, legal, and LTD)

for one semester.

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

146

Section E.

FMLA

Child-Care Extension

Leave

Benefit

1. For purposes of this section, an “Eligible Employee” is

an Employee who is eligible to request leave under

the

FMLA. See Appendix A, Definitions, for details on

the

FMLA, and the criteria for eligibility to request

lea

under the FMLA.

2. Eligible Employees who are participating in

the

Employer’s health and/or dental plans during

FMLA-protected leave will receive one

(1)

additional

month of Employer contribution to health

and/

dental benefits either immediately before

the

anticipated start, or immediately after the end, of

the

period of the FMLA-protected leave. The

additional

month of Employer contribution to health

and/or

dental benefits as described in this paragraph shall be

referred to as “the Benefit.”

3. For purposes of administration of the Benefit,

the

anticipated start of an FMLA-protected leave for

the birth, adoption, foster care placement of the

Employee’s child or legal guardianship of a minor

under the age of six (6), or a disabled child under

the age of twelve (12) will be deemed to be the

anticipa

ted due date for the birth of the Employee’s

child,

the

anticipated finalization of the adoption,

foster

car

placement, or legal guardianship of a

minor under the age of six (6), or a disabled child

under the age of twelve (12). The anticipated

start of an FMLA-protected leave for the birth,

adoption, foster care placement of the Employee’s

child, or legal guardianship of a minor under the age

of six (6) or a disabled child under the age of

twelve (12) may also be the first day of teaching in

a given semester, if requested by the Employee, and

at the discretion of the Employer.

4. The Benefit is available only to Eligible

Emplo

ees

who take FMLA-protected leave for the birth,

adoption, foster care placement of the Employee’s

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

147

child, or legal guardianship of a minor under the age

of six (6) or a disabled child under the age of

twelve (12). The Benefit does not apply to FMLA-

protected leaves for reasons other than the birth,

adoption, foster

car

placement of an Employee’s

child or legal guardianship of a minor under the age

of six (6) or a disabled child under the age of

twelve (12).

If an Eligible Employee’s available

FMLA-pr

otected

leave could be exhausted wholly within one semester for

the birth, adoption, foster care placement of the

Employee’s child or legal guardianship of a minor under

the age of six (6) or a disabled child under the age of

twelve (12), the Benefit shall not be used to provide

Employer contribution to health and/or

dental

benefits in

another semester. For example, an

Eligib

Employee

whose FMLA-protected leave for the

birth,

adoption,

foster care placement of the Employee’s child or legal

guardianship of a minor under the age of six (6) or a

disabled child under the age of twelve (12) begins

on October 1 and who would exhaust their FMLA-

protected leave at the end of December would not be

able to use the Benefit to

eceiv

Emplo

er contributions

to health and/or

dental

benefits in the following January,

but could

equest use of the Benefit in the immediately

preceding Septembe

6. The Eligible Employee must request the Benefit

writing to the academic unit. Application for

the

Benefit must be submitted at least four

(4)

months

prior to the anticipated start of the FMLA-

protected

lea

or when the Eligible Employee first

has knowledge of the impending

birth/adoption/foster

care placement/legal

guardianship of a minor under the age of six (6) or

a disabled child under the age of twelve (12),

whichever is

7. The Benefit is available only once per event of

birth/adoption/

foster care placement/legal guardianship

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

148

of a minor under the age of six (6) or a disabled child

under the age of twelve (12). If both

par

ents are

Eligible Employees, the Benefit is available to only one

parent per event; the two

Eligib

le-Emplo

parents

will determine which parent is going to use

the

Benefit.

8. To be eligible for the Benefit, the request for FMLA

protected leave must be a 100% leave during

the

semester at issue (not a course reduction), and

the

request for Child Care Leave must also be a

100%

lea

9. To be eligible for the Benefit, the Eligible Employee

must have exhausted, or plan to exhaust,

their

FMLA-protected leave for the

birth/adoption/f

oster

care placement/legal guardianship of a minor under

the age of six (6) or a disabled child under the age

of twelve (12).

10. The Eligible Employee would be placed on a specified

leave status for the one additional month so as to

distinguish this period of benefits continuation from an

unpaid Child Care Leave under Article

XXXI.B.2.,

during which the Eligible Employee does not

eceiv

Employer contributions to benefits. This leave

sta

tus

shall be called “Enhanced Child Care Lea

.”

11. Nothing in this section shall be interpreted to

limit the

rights of an Eligible Employee under the FMLA. For

example, the use of the anticipated due date

the start

of the anticipated FMLA-protected

lea

under this

Article shall not limit an Eligible Employee from

beginning an FMLA-protected leave prior to

the

anticipated due date when medically necessar

12.

Utilization of the Benefit shall not negatively

impact

an Eligible Employee’s eligibility for the

Spring/

Summer Benefits Bridge under Article

XVIII.B

.6.

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

149

Section F

Conditions

and

Definitions

1. An academic year or its equivalent service is

equir

between any two

(2)

of the following leaves of

absence: Personal, Scholarly and

Educa

tional.

2. Return to Active

Emplo

yment:

a. Return to work at the conclusion of a leave of

absence will normally be to the appointment

held prior to the beginning of the leave unless

the

circumstances of the Employer have

hanged,

making this

unr

easonab

b. An Employee returning from a Child

Car

Medical, or Family Medical Leave of Absence,

which has not exceeded twelve (12) weeks or

the

previously-established appointment end

whichever occurs first, will be returned to

their former appointment or an

equiv

alent.

Returns from Military Service Leaves

will

accomplished in a manner consistent with the

Employer’s obligations under

the

Federal

Uniformed Services Employment

and

Reemployment Rights Act (USERRA).

c. An Employee’s return to work before

the

expiration

of a leave of absence is at the discretion of the

Emplo

3. Extending a Leave of Absence: An Employee’s

equest

for an extension must be submitted to the

Emplo

er at

least thirty (30) days before the leave of absence

expires.

4. Failing to return from a Leave of Absence: Failure to

return to work at the conclusion of a leave of absence

will be considered a resignation, effective on the

last

day of the previously processed

lea

5. Sick Pay: No additional Sick Pay will renew during

leave of absence described in this Article

ARTICLE XXXI: LEAVES OF ABSENCE WITHOUT PAY AND FMLA CHILD-

CARE EXTENSION LEAVE BENEFIT

150

6. Vacation Allowance: Vacation allowance, if any, shall

be exhausted prior to the start of any leave of absence

except for Family Medical and Military

Service.

Employee vacation pay banks do not refresh

hile

Employee is on a leave of absence

7. Continuous Service: Continuous service is service

uninterrupted by an employment

termina

tion

calculated based on an Employee’s most recent date of

hire, without a break in service (not including spring

and/or summer). The leaves of absence described in this

Article do not interrupt

“contin

uous

service,” unless

the Employee fails to return from

the

leave of absence

on a timely basis

ARTICLE XXXII: SICK PAY AND OTHER PAID LEAVES

151

ARTICLE XXXII

SICK PAY AND OTHER PAID LEAVES

Section

Eligibility

Employees who are incapacitated by sickness or

accident

shall be eligible for sick pay for periods of time and at

tes

of compensation which vary according to the Employee’s

length of University service and rank.

All Employees are eligible for short-term sick pay at

their

regular salary during incapacity not to exceed three (3)

calendar weeks

annuall

Employees in the Lecturer II, Lecturer III and Lecturer

categories with continuous service of two

(2)

years but less

than ten (10) years of service

eligible for extended sick

pay for one-half of a University

Year

regular salary and one-

half of a University Year at

one-half

regular salary.

Employees in the Lecturer II, Lecturer III and

Lecturer IV categories with continuous service of

more than ten (10) years are eligible for extended

sick pay for one University Year at regular salary

and one University Year at one- half regular salary.

Employees in the Lecturer I title with

contin

uous

service of two

(2)

years or more are eligible for extended sick

pay

for one

semester at regular salary and one semester

one-half regular

salar

Section B. Maxima

The maximum amount of Sick Pay available for any one (1)

continuous illness or injury is:

Short-term Sick Pay: Three

(3)

weeks, less any

short-ter

sick pay taken during the one

(1)

year period preceding

absence

Should a Lecturer I covered by this provision have need for extended sick leave

tha

extends

beyond the current appointment, the Parties will meet in Special Conference to discuss the

relationship between the extended sick leave benefit and the Lecturer I’s

appointment

In LSA these three (3) weeks renew on January 1

. In all other schools and colleges these

three (3) weeks renew on the Employee’s work anniversary.

ARTICLE XXXII: SICK PAY AND OTHER PAID LEAVES

152

Extended Sick Pay: The Employee’s maximum

xtended

sick pay eligibility at the time the period of absence

begins

minus any extended sick pay time used during the

five (5)

year period immediately preceding the beginning

period of absence

Section C.

Family Care

Time

Employees may schedule available short-term sick pay to

car

for a family member whose condition meets any of

the

circumstances described in Section A., Eligibility,

abo

“F

amily

member” is defined as the Employee’s spouse or

Other

Qualified Adult; and the child, sibling, parent, grandparent, or

other related individual whose care is the responsibility of

the

Employee, spouse, or Other Qualified Adult.

Section D. Parental Accommodation Policy

Paid Maternity (Childbirth) and Parental Leaves shall apply to

Employees in accordance with Standard Practice Guide

201.30-6, to the same extent as it is applied to tenure-track and

tenured faculty. In the event the Employer proposes to make

significant changes to SPG 201.30-6, the Employer will

provide notice to the Union no later than 90-days prior to the

effective date of the change, and upon request, the Employer

will engage in impact bargaining with the Union.

Section E. Documentation

Documentation of disability acceptable to the Employer

be required at any time as a condition of qualifying for Sick

Pay. In addition, academic units, in their sole discretion,

require Employees to participate with the University’s Work

Connections program for assistance with management of

serious illness or

injur

ARTICLE XXXIII: MODIFIED DUTIES FOR NEW PARENTS

153

ARTICLE XXXIII

MODIFIED DUTIES FOR NEW PARENTS

Section

The purpose of a period of modified duties is to pr

vide

eligible Employees with a subsidized period of time in

hic

to adjust to the demands of parenting newly born or adopted

children under the age of six

(6)

with reduced Employee

responsibilities and without a reduction in

Section B.

Other

Relevant UM/LEO

eement

ovisions:

1. Article XXXII provides Employees with paid sick time.

Also see Article XXXII.D.

2. Article XXXI provides Employees unpaid

lea

for

disability due to pregnancy, childbirth or

ela

ted medical

conditions, or to care for a child,

including

the

follo

wing:

a. Personal Medical Leave;

b. Family Medical Leave;

and

c. Child Care Lea

This policy regarding modified duties is intended to

supplement paid sick time

4. An Employee who utilizes the period of modified duties

is also eligible for up to one semester of

unpaid

child

care leave under Article

XXXI.B.2.

Section C. Eligibility

1. Modified duties apply only to Lecturers III

and

IV who

have been employed by the Employer as

Lecturer III

or Lecturer IV for at least two

(2)

ear

2. An eligible Employee who meets the criteria below is

entitled, upon request, to a period of modified duties

without a reduction in

salar

a. Gives birth to a child, or becomes a

par

ent

of a

newly born or adopted child (or

hildr

in the

ARTICLE XXXIII: MODIFIED DUTIES FOR NEW PARENTS

154

case of a multiple birth or adoption of more than

one [1] child simultaneously) under the age of six

(6);

and

b. Takes significant and sustained

car

e-giving

responsibility for the child (or children)

during

the period for which modified duties

requested.

Section D. Duration

An eligible Employee may take up to one

(1)

term of

modified duties for each birth or adoption that adds

child or children to their

famil

2. The period of modified duties must be taken

within

twelve (12) months of the date of the relevant birth(s)

or adoption(s). The period of modified duties may not

extend beyond one

ter

3. If both parents are employed in an eligible position

the University, each of them may take a period of

modified duties for each birth or adoption that adds

child or children to their family if both of them meet

the other eligibility

criteria.

Section

Modifying

the

Duties

The academic unit, in consultation with the eligible Employee,

will determine the ways in which the Employee’s duties will be

modified. The relevant academic unit will make

rangements

that relieve the Employee from direct teaching responsibilities

for the period of modified duties. Employees on modified duties

status will be expected to fulfill their other professional

responsibilities as agreed upon by the academic unit

and

the

Employee during the period of modified duties. This agreement

will be put in

writing

Section F.

Partial

Modified

Duties

The academic unit must make every effort to provide

modified duties period to the Employee at the percentage of

effort the Employee would have maintained during the

ter

but for the birth or adoption of a child. If the academic

unit

ARTICLE XXXIII: MODIFIED DUTIES FOR NEW PARENTS

155

financially unable to do so, the parties shall meet in

Special

Conference to discuss

alter

tiv

Section G.

The provisions of this Article shall not supersede the LSA Policy

on Modified Duties for LEO Lecturers IV

cur

rently

in effect.

However, Lecturers IV who are eligible for the LSA policy are not

eligible for a period of modified duties under this Article

ARTICLE XXXIV: VACATION PAY

156

ARTICLE XXXIV

VACATION PAY

Section

Lecturers III and IV appointed on a per twelve (12) months

(calendar year) basis with more than six

(6)

months of

service are eligible for an annual vacation pay allowance

equiv

alent

to one

(1)

month in twelve (12). (No Employee

appointed on

‘per term’ or ‘University Year’ basis is

eligible for vacation

y).

Section

Part-time (i.e., fraction of effort less than 100%) Lecturers III

and IV holding appointments on a twelve (12) month (calendar

year) basis shall receive annual vacation allowances on

proportional (pro-rated) basis

Section

Vacation Pay accrues and renews effective September 1st

of each year. Vacation pay allowance for eligible

Employees beginning employment at other times will be

pro-rated.

Section

Vacation absences must be scheduled in advance, consistent

with academic unit

standar

Section E.

Neither vacation time off nor pay in lieu of vacation shall

be granted prior to eligibility for vacation

Section

Payment in lieu of vacation, not to exceed one

(1)

month, less

vacation time used during the twelve-month appointment

period, shall occur only under the following

cir

cumstances:

etir

ement;

ARTICLE XXXIV: VACATION PAY

157

2. Start of Military Leave or Personal Medical Lea

(as described in Article XXXI., Leaves of

Absence Without

y);

3. Termination for any cause (resignation, death,

off

dismissal).

ARTICLE XXXV: BEREAVEMENT TIME

158

ARTICLE XXXV

BEREAVEMENT TIME

In the case of death in an Employee’s immediate family, The

University of Michigan provides up to three (3) days (a maximum

of 24 hours) paid time off work for the Employee to attend the

funeral or memorial services and to make necessary arrangements.

If there are extenuating circumstances, such as travel, an

additional two (2) consecutive days may be granted and paid.

If additional time is needed, accrued vacation time or excused

absence without pay may be requested. Reasonable requests shall

not be denied.

When death of an immediate family member occurs while an

Employee is on a scheduled vacation, the Employee’s vacation

will be converted to funeral leave for the period of time for which

the Employee would have otherwise qualified.

The immediate family consists of an Employee’s spouse or Other

Qualified Adult; the son, daughter, parent, grandparent,

grandchild, brother, sister (or the spouse of any of them), of either

the Employee or the Employee’s spouse/Other Qualified Adult; or

any other related person living in the Employee’s household.

ARTICLE XXXVI: JURY AND WITNESS PAY

159

ARTICLE XXXVI

JURY AND WITNESS PAY

Employees shall be excused from work and shall not sustain

loss of their regular compensation or any loss of their fringe

benefits

when called upon for jury duty or to testify at the

order of

court or other agency of government or upon

request of

the

Employer. This does not apply to any Employee

who is

plaintiff in the matter in which they are

testifying

ARTICLE XXXVII: HOLIDAYS/SEASON DAYS/EMERGENCY CLOSURES

160

ARTICLE XXXVII

HOLIDAYS/SEASON DAYS/EMERGENCY CLOSURES

Section

Holida

Employees shall be granted time off work without loss of

compensation for the following seven

(7)

Emplo

designa

ted holida

ys:

New Year’s

Memorial

Independence

Labor

Thanksgiving

The day following T

hanksgiving

Christmas

Holidays will be observed on the calendar day on which

eac

falls except that holidays falling on Sunday will be observed

on the following Monday and holidays falling on Saturday

will be observed on the preceding F

rida

Section B. Season

Employees are granted time off without loss of their

regular

compensation on the four

(4)

working days that fall between

the

Employer-observed holidays of Christmas Day and New

Year’

Section C. Emergency Closur

The pay of Employees will be continued during short

ter

unit closures resulting from officially-declared inclement

weather periods or other short term

emer

gencies

ARTICLE XXXVIII: ACADEMIC RIGHTS AND RESPONSIBILLITIES

161

ARTICLE XXXVIII

ACADEMIC RIGHTS AND RESPONSIBILITIES

Section

Academic

eedom

All Employees shall enjoy the full rights of academic

freedom and such rights will extend to Employees no less

than

the

extend to other instructional faculty at the

University. The Employer shall not take disciplinary or

limiting action

ainst

an Employee for exercising their

academic freedom.

The University of Michigan is a community devoted to

learning.

Members of this community advance, preserve,

and

transmit knowledge through study, teaching, artistic

expression, research, and scholarship. As a public university,

there is

special obligation to serve the public

inter

est.

The University has an especially strong commitment to

preserve and protect freedom of thought and expression.

Reasoned dissent plays a vital role in the search for truth;

and

academic freedom, including the right to express unpopular

views, is a cherished tradition of universities everywhere. All

members of the University have the right to express their

views and hear the views of others expressed, but they

must also take responsibility for according the same rights to

other

The parties to this Agreement acknowledge the m

utual

obligations to respect the autonomy of each person’s

conscience in matters of conviction, religious faith,

and

political belief.

The parties to this Agreement affirm the importance of

maintaining high standards of academic and

professional

integ

rit

ARTICLE XXXVIII: ACADEMIC RIGHTS AND RESPONSIBILLITIES

162

Section B.

Cop

yright

1. Purpose. The Employer and the Employees have

mutual interest in establishing an environment

tha

fosters and encourages the creativity of

individual

Employees. In accordance with that mutual goal,

the

purpose of this Section is to identify the owners of

the copyrights to certain works that may be created b

Employees in whole or in part, and to identify the use

that may be made of those works by Employees

and

the

Emplo

2. The parties acknowledge and agree that the

cur

ent

University Policy, SPG 601.28 Ownership of

Works

Created at or in Affiliation

with

the

University of Michigan, issued November

14,

2002, will continue to apply to Employees under this

Agr

eement.

3. With respect to Section G, Interpretation and Dispute

Resolution of SPG 601.28, the Employer

ees

that in the event of a Formal Resolution involving

Employee, the Union will be asked to nominate a list

of three

(3)

names, one

(1)

of which will be selected

the respective Provost, for membership on the ad

hoc panel.

4. In the event the Employer proposes to make

substantive changes to the current policy, the

Emplo

will provide reasonable notice of the intent to make

substantive change, and upon request will engage

impact negotiations with the Union.

ARTICLE XXXIX: PARKING AND BUS PASSES

163

ARTICLE

XXXIX

PARKING AND BUS

ASSES

Employees may purchase staff-paid parking permits consistent

with the rules and regulations regarding Parking. Employees

Ann Arbor who do not wish to purchase a permit are

eligib

for

the Ann Arbor Transportation Authority

(AATA)

Bus Pass

Program, which provides free rides to campus destinations

ARTICLE XL: PRINTING AND DISTRIBUTION OF THE AGREEMENT

164

ARTICLE XL

PRINTING AND DISTRIBUTION OF THE AGREEMENT

The Employer and the Union will share the cost of printing

three hundred fifty (350) copies of this Agreement. This

supply will be shared equally between the Employer and the

Union. Further, the Employer shall notify each Employee and

the Union’s officers by email of the availability of the

Agreement electronically on a designated Employer website

within thirty (30) calendar days of receipt of the printed

copies of the Agreement. The Employer will also notify

academic units and supervisors of the availability of the

Agreement electronically.

ARTICLE XLI: SCOPE OF THE AGREEMENT

165

ARTICLE

XLI

SCOPE OF THE

GREEMENT

Section

The Employer and the Union acknowledge that during

the

negotiations which resulted in this Agreement, each

had

the unlimited right and opportunity to make demands

and

proposals with respect to any subject or matter not

emo

by law from the area of collective bargaining, and that

the

understandings and agreements arrived at by the

parties

after

the exercise of that right and opportunity are set

orth

in this

Agreement. Therefore, the Employer and the Union, except as

provided in Section C. below, each voluntarily

and

unqualifiedly waives the right, and agrees the other shall not

be obliged, to bargain collectively with respect to any subject or

matter referred to or covered in this Agreement, or with

espect

to any subject or matter not specifically referred to or co

this Agreement, even though such subject or matter may not

have been within the knowledge or contemplation of either or

both parties at the time that they negotiated or signed this

Agr

eement.

Section B. Savings Clause

If any provision of this Agreement shall, at any time, be found

invalid by operation of any court or board of competent

jurisdiction, and from whose judgment no appeal has been taken

within the time provided for so doing, or if compliance with or

enforcement of any provision should be per

manently

restrained

by any such court, then said provision shall become null and

void, and the Employer and the Union, at the

equest of either

party, shall enter into negotiations for the purpose

of arriving at a mutually satisfactory replacement for such

provision. In the event any provision of this

Agr

eement

becomes null and void in this manner, all other provisions of

this Agreement shall continue in full force and effect. For

the

purposes of this provision, the word “board” shall not include

ARTICLE XLI: SCOPE OF THE AGREEMENT

166

the Board of Regents of The University of Michigan or

board established by them or their

agents

Section C.

Entire

eement

This Agreement represents the entire agreement between

the

Employer and the Union. Any agreement or agreements

hic

supplement this Agreement shall not be binding or effective for

any purpose whatsoever unless reduced to writing and signed

by the Employer and the Union.

Section D.

Past

Practices

Policies, procedures and practices now existing, not raised

the bargaining process and not in conflict with this

Agr

eement,

will remain in effect unless modified by management,

which case the Union will have the opportunity to respond

or negotiate with respect to potential impact on terms

and

conditions of employment for Employees.

ARTICLE XLII: TERM OF AGREEMENT

167

ARTICLE XLII

TERM OF AGREEMENT

Section A.

This Agreement is made by and between The University of

Michigan and the Lecturers’ Employee Organization, American

Federation of Teachers Michigan, AFT Local 6244, AFL-CIO,

and shall take effect on the date the Union notifies the Employer

that this Agreement has been ratified.

Section B.

If either party desires to amend this Agreement, written notice to

that effect shall be given to the other party by December 1, 2023.

Section C.

In the event that a successor Agreement is not negotiated by 11:59

p.m. April 20, 2024, this Agreement shall continue in full force

and effect unless thirty (30) days’ written notice of termination is

given by the Union or the Employer.

Section D.

IN WITNESS WHEREOF, the parties have set their hands this 3

day of January 3, 2022.

The Regents of the University of Michigan

___________________________________ Dominick Fanelli,

Chief Negotiator

Lecturers’ Employee Organization

______________________________________ Kirsten Herold,

Chief Negotiator

ARTICLE XLII: TERM OF AGREEMENT

168

ARTICLE XLII: TERM OF AGREEMENT

169

Lecturers Employees’ Organization

ARTICLE XLII: TERM OF AGREEMENT

170

MEMORANDUM OF UNDERSTANDING #1: SPECIAL PROVISIONS

COVERING LECTURER III and IV MAJOR REVIEWS in the COLLEGE of

LITERATURE, SCIENCE, and the ARTS

171

MEMORANDUM OF UNDERSTANDING #1

SPECIAL PROVISIONS COVERING LECTURER III and IV

MAJOR REVIEWS in the COLLEGE of LITERATURE,

SCIENCE, and the ARTS

The parties agree that the following provisions apply to the major

reviews of Lecturers III and IV in LSA:

1. The major review of Lecturers III and IV in LSA may

begin, at the earliest, during the winter semester of the

penultimate academic year of the Lecturer III/IV

appointment.

2. The major review of Lecturers III and IV in LSA will be

completed, and the academic unit will send notice of the

result of the major review to the Lecturer III/IV, prior to

December 31 of the last academic year of the Lecturer

III/IV appointment.

3. Any increase in the full-time rate of Lecturers III and IV

resulting from a successful major review covered by this

memorandum of understanding will be effective with the

start of the winter semester following the completion of

the major review. Typically, Lecturers III and IV will

realize the increase described in this paragraph beginning

with the January paycheck.

4. Any new appointment period resulting from a successful

major review of Lecturers III and IV in LSA will be

effective with the start of the fall semester following the

completion of the major review.

5. Due to this timeline, interim reviews for Lecturers III in

LSA will occur no later than the end of the fourth

semester of employment.

MEMORANDUM OF UNDERSTANDING #1: SPECIAL PROVISIONS

COVERING LECTURER III and IV MAJOR REVIEWS in the COLLEGE of

LITERATURE, SCIENCE, and the ARTS

172

6. The Parties agree that they will meet to review the

implementation of this Memorandum of Understanding, if

necessary.

The other provisions of this Agreement, and any subsequent

memoranda of understanding, that relate to the major reviews of

Lecturers III and IV (e.g., Article XI.B.4. b. and XI.B.4.c.) control

to the extent they are not in conflict with the provisions of this

Memorandum of Understanding.

MEMORANDUM OF UNDERSTANDING #2: FULL-TIME OPPORTUNITIES

FOR LECTURERS

173

MEMORANDUM OF UNDERSTANDING #2

FULL-TIME OPPORTUNITIES FOR LECTURERS

Academic units will offer full-time appointment opportunities (i.e.,

appointment effort totaling 80%-100% in a given semester) to

qualified part-time Employees, when practicable, and when such

opportunities align with the curricular and academic decisions of

the academic unit. Such offers may be made without posting the

position.

If the position is to be posted, an academic unit will notify current

and laid-off Employees of the appointment opportunity three

business days before posting. Employees with an interest in the

position should inform the academic unit of their interest and

qualifications. An academic unit may choose to offer the position

to a current or laid-off Employee without posting.

Questions regarding the application of this MoU will be subject to

Article VI, Union-Employer Conferences.

MEMORANDUM OF UNDERSTANDING #3: CHILD CARE

174

MEMORANDUM OF UNDERSTANDING

CHILD CARE

In order to have a better understanding of the current situation

regarding childcare at the University and sharing ideas for how to

increase access in the future, the parties shall meet in Special

Conference during the 2021-2022 academic year in order to afford

the Union the opportunity to provide feedback, ask questions, and

propose potential options for discussion. This meeting will consist

of no more than four (4) representatives from the Union and four

(4) representatives from the Employer with at least one

representative from the Employer being a leader from the

childcare centers.

MEMORANDUM OF UNDERSTANDING #4: ENHANCING JOB SECUIRITY

175

MEMORANDUM OF UNDERSTANDING #4

ENHANCING JOB SECURITY

When an academic unit concludes layoffs are necessary due to

discontinuance of a program or significant programmatic change

leading to the permanent dissolution of a significant number of

bargaining unit positions, the unit will notify Academic HR who

will arrange a Special Conference with the Union and the unit as

soon as practicable. At the conference, the Employer will provide

written documentation for the reasoning behind the contemplated

layoff, including which type of layoff is expected, and which

Employees are expected to be affected (including EAP

determination if used).

At the conference the Employer will work collaboratively with the

Union to explore alternatives to layoffs. Examples of alternatives

to jointly consider include but are not limited to: 1) work outside

of the Employee’s unit and/or campus; 2) assistance to other

faculty – especially those with virtual classes; 3) administrative

work; 4) work to increase enrollment and to improve retention

rates. If these efforts are unsuccessful, the Employer will provide

written notice to the affected Employees in compliance with

Article XII.C.

Employees who apply for an open position within the bargaining

unit and meet the required qualifications will be guaranteed an

interview. This guarantee will last for the duration of the

Employee’s full layoff as defined in Article XII.

If a non-bargained-for position is secured within the University

while the Employee is on layoff, while recall rights will end, the

interview guarantee in the above paragraph will remain in effect

for the duration that recall rights defined in Article XII would

have been in effect but the Employee must provide notice to

Academic/Campus HR within two (2) business days after the

posting closes.

MEMORANDUM OF UNDERSTANDING #5: NOTICE OF NON-

REAPPOINTMENT AND COURSE CANCELLATION FEES FOR LEO ADJUNCT

LECTURERS

176

MEMORANDUM OF UNDERSTANDING #5

NOTICE OF NON-REAPPOINTMENT AND COURSE

CANCELLATION FEES FOR LEO ADJUNCT LECTURERS

For Employees appointed in LEO Adjunct titles (see XI.B.5.,

collectively referred to as “LEO Adjunct Lecturers”) who are not

reappointed and/or whose course(s) are cancelled, the following

provisions apply:

1. LEO Adjunct Lecturers who are not reappointed and/or

whose course(s) are cancelled due to lack of work,

programmatic change, and/or budgetary considerations

will have neither layoff nor recall rights.

2. Notice of non-reappointment and/or cancellation due to

lack of work, programmatic change, and/or budgetary

considerations (the “Notice”) will be provided in writing

(email will suffice) and in accordance with timelines

applicable for notices of layoff for Lecturers I as outlined

in Article XII (see, e.g., Article XII.C.). The Notice shall

include the basis for the decision and shall include the

language in Article XII.F. (regarding benefits coverage).

3. Should the Employer fail to provide the Notice to any

LEO Adjunct Lecturer in accordance with the timelines

described in Article XII.D.2., D.3., and D.4. for LEO

Lecturers I, the following provisions apply:

a. If the total effort during the period of the cancelled

LEO Adjunct Lecturer appointment equals or exceeds

the total effort the individual would have had if the

LEO Adjunct Lecturer appointment had taken place,

the individual has not “lost effort,” and will receive no

compensation;

MEMORANDUM OF UNDERSTANDING #5: NOTICE OF NON-

REAPPOINTMENT AND COURSE CANCELLATION FEES FOR LEO ADJUNCT

LECTURERS

177

b. If the total effort during the period of the cancelled

LEO Adjunct Lecturer appointment is less than the

total effort the individual would have had if the LEO

Adjunct Lecturer appointment had taken place, the

individual has “lost effort,” and will receive

compensation as follows:

1. If the Notice is made under Section D.2., the

individual will be provided with pay equal to

25% of the pay the individual would have

received for the lost effort; and

2. If the Notice is made under Section D.3., the

individual will be provided with pay equal to

17% of the pay the individual would have

received for the lost effort; and

3. If the Notice is made under Section D.4., the

individual will be provided with pay equal to

17% of the pay the individual would have

received for the lost effort.

4. A LEO Adjunct Lecturer who receives a Notice under this

section may request that the appointing academic unit

provide additional information relative to the Notice. Any

such request must be in writing (email will suffice), sent

within thirty (30) days of the date of the Notice, and

addressed to the Chair or Director of the appointing

academic unit. The appointing academic unit will respond

within a reasonable time.

MEMORANDUM OF UNDERSTANDING #6: SPECIAL LAYOFF PROVISIONS

FOR LONG-SERVING LECTURERS

178

MEMORANDUM OF UNDERSTANDING #6

SPECIAL LAYOFF PROVISIONS FOR LONG-SERVING

LECTURERS

In the event an Employee who has held appointments as a lecturer

for at least twelve (12) years is placed on full layoff, the following

provisions will apply:

1. In addition to the rights afforded within the home unit under

Article XII, the eligible lecturer will have the option of being

placed on the layoff list of one additional appointing unit

(“secondary unit”) on any of the three campuses.

a. An Employee who intends to select a secondary unit shall

notify Academic Human Resources in writing (email will

suffice) of the selection within 60 days of the notice of

layoff.

b. An Employee who selects a secondary unit is required to

provide that unit the following materials within 30 days of

the notification to Academic Human Resources:

i. A current CV, including a list of courses

taught, and the years in which they were

offered.

ii. An introductory letter to the secondary unit

describing the Employee’s qualifications and

interest in the appointing unit.

c. Academic Human Resources will contact both the home

unit and the secondary unit within fourteen (14) days to

explain the purpose and procedures of the special

provisions for long-serving lecturers.

MEMORANDUM OF UNDERSTANDING #6: SPECIAL LAYOFF PROVISIONS

FOR LONG-SERVING LECTURERS

179

d. The home unit is required to provide the following

materials to the secondary unit within thirty (30) days of

notice from Academic Human Resources:

i. Annual Reports of the last three years

ii. Student evaluations from the previous year

iii. Any materials considered as part of a review

that occurred during the last seven years.

iv. A transmittal letter from the unit detailing the

Employee’s years of service, date of review

years, titles held and the full-time salary

(FTR) from the most recent academic year.

2. The duration of layoff status shall be limited to two (2) years

from the effective date of the layoff.

3. Recall in the Secondary Unit

a. In the event a recall opportunity arises in the secondary

unit, the order of recall shall be as provided in Article

XII.E.

b. Recall shall be to the title held by the Employee in the

home unit.

4. Expiration of Layoff Rights

In the event an Employee accepts an offer of recall, and except

as otherwise provided below, the Employee’s layoff rights end

on the starting date of the recall appointment.

5. Initial Recall Appointment Period and Mutual Assessment

Period

MEMORANDUM OF UNDERSTANDING #6: SPECIAL LAYOFF PROVISIONS

FOR LONG-SERVING LECTURERS

180

a. When an Employee who has chosen to be on layoff status

in the secondary unit accepts an offer of recall in the

secondary unit, the duration of the initial recall

appointment may be for periods of one (1) semester or

longer, at the discretion of the secondary unit.

b. The initial recall appointment period will serve as a

mutual assessment period. The secondary unit will assess

the Employee’s performance to determine whether it

meets with the recalling unit’s performance standards. The

Employee may also assess whether the recall appointment

is satisfactory during the initial recall appointment period.

Criteria for the secondary unit’s assessment of the

Employee’s performance in the recall appointment shall

be relevant to the unit’s methods of teaching and subject

area(s). The offer of recall shall include guidelines for

assessment.

c. The secondary unit’s assessment of the Employee’s

performance in the initial recall appointment period has

three possible outcomes:

i. Successful completion of this assessment shall

create a presumption of renewal and a three (3)

year appointment. The Employee will undergo a

Continuing Renewal Review at the end of the

appointment.

ii. If this assessment is unsuccessful, the Employee’s

appointment will not be continued beyond the

initial recall appointment period. Provision 5.d.

below will then apply. The secondary unit will

provide the Employee with written reasons for the

unsuccessful outcome of the assessment.

MEMORANDUM OF UNDERSTANDING #6: SPECIAL LAYOFF PROVISIONS

FOR LONG-SERVING LECTURERS

181

iii. Where a Lecturer’s performance does not meet

the standards for successful completion of this

assessment, at the discretion of the academic unit,

the assessment period may be extended for not

more than two (2) academic years. If the

assessment period is extended, another assessment

will occur at the end of the extended period.

d. If the appointment is not continued beyond the initial

recall appointment period for reasons set forth in section

b. above, the Employee may return to layoff status for the

secondary unit as if uninterrupted.

e. Neither the secondary unit nor the Employee has an

obligation to continue employment beyond the initial

recall appointment period, if the Employee’s performance

in the position is assessed as unsuccessful.

f. If an Employee is laid off by the secondary unit, the layoff

and recall rights provided in Article XII will apply.

g. The salary offered as part of the recall appointment will be

determined by the secondary unit. The salary will be

consistent with other salaries for Employees with similar

years of service and qualifications in the secondary unit or

its nearest equivalent.

MEMORANDUM OF UNDERSTANDING #7: ASSIGNMENT OF LECTURER

III/IV DUTIES

182

MEMORANDUM OF UNDERSTANDING #7

ASSIGNMENT OF LECTURER III/IV DUTIES

Article XXVII, B. 7, Posting, Hiring, and Notification, states that

appointment letters must include “A description of the

appointment and general responsibilities.” If job duties for an

Employee include “significant ongoing administrative or service

duties within the academic unit, or as assigned by the academic

unit, and/or requires a range of instructional expertise” (quoting

XI.B.3.a and XI.B.4.a), those job duties are to be described with

as much specificity as practicable in the appointment letter. If

those duties are not specifically stated in the appointment letter,

the Employee may request a Special Conference with Academic

HR or Campus HR and the Union for the purposes of discussing

the specific duties with the appointing unit. It is understood that

the business need of a unit may change which could require

readjustment of assigned administrative or service duties. If such

adjustments are necessary the newly assigned duties will be

communicated to the Employee in writing.

If a Lecturer I or Lecturer II has been performing the duties of a

Lecturer III/IV as defined in Article XI for at least four (4) out of

the last six (6) fall and winter semesters, the Employee may

request a Special Conference with Academic HR or Campus HR

to determine whether or not a re-classification of the position to

Lecturer III or IV is appropriate. The Employee shall submit a

written description of their unit-assigned service and/or

administrative work and/or range of instruction. The Employee

shall receive written notification of the decision within thirty (30)

days of the Special Conference. Based on the definition provided

under Article XI, it is understood that reclassification is not

guaranteed as an outcome of the Special Conference.

If the Union believes an academic unit is rotating responsibilities

among Lecturers I or II in order to avoid creating a Lecturer III

position, the Union may call a special conference in order to

address the issue.

MEMORANDUM OF UNDERSTANDING #8: TEACHING PROFESSOR

183

MEMORANDUM OF UNDERSTANDING #8

TEACHING PROFESSOR

Section A. Establishment of Teaching Professor Working Title

1. Effective September 1, 2022, Employees who reach or have

reached their first Continuing Review in their appointment will

have the ability to elect consideration for a working title of

“Teaching Professor.”

2. An Employee who requests consideration for “Teaching

Professor” will still be required to meet all of the review criteria

for a Continuing Review of a lecturer in their unit under Article

XIX.E of this Agreement

3. An unsuccessful determination of consideration for “Teaching

Professor” is not, in and of itself, a determination of unsuccessful

Continuing Review under Article XIX.E of this Agreement.

Similarly, a successful Continuing Review is not, in and of itself, a

successful determination for consideration of “Teaching

Professor.”

Section B. Criteria

1. In order to be considered for the title “Teaching Professor,” the

Employee must present a portfolio containing detailed explanation

and examples of their work. The academic unit will collect the

evidence listed in Article XIX.E.3. The Employee may elect to

include supporting evidence of teaching, administrative or service

duties, as applicable.

2. The types of evidence to be provided in the portfolio may

include but are not limited to:

a. Growth and advancement of the Employee’s factual,

conceptual, and procedural knowledge relevant to the

subject areas in which they provide instruction;

b. Evidence that the Employee has evaluated and

improved methods of instruction and shown high teaching

standards

MEMORANDUM OF UNDERSTANDING #8: TEACHING PROFESSOR

184

c. How have they worked to incorporate Inclusive

Teaching methods into their instruction and what work

have they done in the instructional setting to advance the

Diversity, Equity, and Inclusion mission of the University.

3. The specific criteria for “Teaching Professor” will be developed

and published by the academic unit no later than July 1, 2022. The

criteria shall be consistent with the Employees' job duties and

shared with the Union.

4. Employees will be notified of any changes in evaluation criteria

or significant changes in procedures for “Teaching Professor” by

July 1 for the upcoming academic year.

5. There are two options for an outcome to the “Teaching

Professor” review:

a. The Employee is successful, and will receive the

working title of “Teaching Professor" effective the 1st of

September of the following academic year;

b. The Employee is unsuccessful and their next

Continuing Review will be scheduled in seven (7) years in

accordance with Article XI.B.2.f.ii.a and XI.B.4.d.ii.a.

However, the Employee may elect to have their next

Continuing Review in five (5) years, provided they give

notice of this intent no later than January 1st of the year

preceding the review.

Section C. Procedure

1. Each School and College will establish procedures through

which they will review the Teaching Professor recommendation

from the academic unit.

2. The School or College will then submit its recommendation to

the Provost for final approval.

MEMORANDUM OF UNDERSTANDING #8: TEACHING PROFESSOR

185

3. Effective September 1, 2022, when an Employee receives notice

of their upcoming Continuing Review, the Employee can provide

a written request for consideration for the “Teaching Professor”

title, in addition to their Continuing Review, within five (5)

business days of receiving the notice.

4. Employees will be notified of the outcome no later than March

of the academic year in which they applied.

IMPLEMENTATION: All Employees who have completed at

least one Continuing Review will have until August 1, 2022, to

submit their request for consideration for “Teaching Professor” to

their unit. Request will be reviewed in order based on highest

years of service. The Employer shall complete the review of at

least half of the eligible number of Employees and provide

notification of the outcome by June 30, 2023. Any remaining

applications shall be reviewed in the next year with notification

provided by June 30, 2024. The units will provide notice of which

of the applications will be reviewed within the first year and the

deadline for the submission of the materials no later than August

19, 2022.

IMPLEMENTATION: All existing Collegiate Lecturers from any

campus and recipients of the Distinguished Teaching Awards in

Flint and Dearborn will be given priority review regardless of

years of service. Additionally, these Employees will be allowed to

submit their award applications, an updated CV, and a statement

of no more than four (4) single-spaced pages demonstrating how

they satisfy the criteria for “Teaching Professor.”

Section D. Teaching Professor Working Title

1. An Employee who acquires a Teaching Professor working title

will retain their title as Lecturer II or IV per the definitions and

review schedule in Article XI.B and for any other administrative

purposes based on Employee classification.

MEMORANDUM OF UNDERSTANDING #9: ACCOMMODATIONS FOR

EMPLOYEES WITH DISABILITIES

186

MEMORANDUM OF UNDERSTANDING #9

ACCOMMODATIONS FOR EMPLOYEES WITH

DISABILITIES

1. Americans with Disabilities Act

a. The Americans with Disabilities Act (ADA) is a

federal civil rights law that prohibits discrimination

against qualified individuals with disabilities. The

University of Michigan promotes the full inclusion of

individuals with disabilities as part of its commitment

to creating a diverse, inclusive community. It is the

policy of the University of Michigan to comply with

the Americans with Disabilities Act of 1990, Section

504 of the Rehabilitation Act of 1973, and other

applicable federal and state laws that prohibit

discrimination on the basis of disability.

b. Additional information about the ADA can be found at

the following website:

https://hr.umich.edu/working-u-m/workplace-

improvement/office-institutional-equity/americans-

disabilities-act-information

2. Appointment Letters

Employing units will include in appointment letters for all

Employees a statement that the Employer complies with the

ADA, and will also include contact information for the

administrative designee for the employing school or college.

3. Administrative Designees

a. Each academic unit will designate an administrative

contact (“administrative designee”) who is responsible

for communicating with necessary parties about

accommodations requests made by Employees in that

employing school or college in Ann Arbor or by

Employees on the Flint and Dearborn campuses.

b. Each campus will provide a list of the administrative

designees in each unit. This list will also be provided to

the Union.

MEMORANDUM OF UNDERSTANDING #9: ACCOMMODATIONS FOR

EMPLOYEES WITH DISABILITIES

187

c. The Employer will provide guidance and training to

administrative designees as needed about ADA

compliance and compliance with the provisions of this

MOU.

4. Accommodations Procedure and Disclosure of Medical

Documentation

a. The accommodations process may involve discussion

and consultation with the Employee’s immediate

supervisor and/or other appropriate faculty or staff

whose duties include the coordination and/or

management of Lecturer appointments within the unit.

b. An Employee need not disclose their medical condition

or impairment to appointing unit faculty and/or staff in

order to request the accommodation. An Employee,

however, may be required to disclose such an

impairment and/or medical condition supporting the

need for an accommodation to the administrative

designee as necessary to process an accommodation

request. The administrative designee may disclose such

an impairment and/or medical condition to the

immediate supervisor or appointing unit faculty and

staff only to further the interactive process. In this

event, the Employee will be informed prior to the

disclosure.

c. Medical documentation may also be needed during the

accommodations process. Should medical

documentation be needed during the accommodations

process and the Employee has not had an absence from

work due to illness or disability and has not submitted

medical documentation to the Work Connections

office, the employee will submit medical records to the

ADA coordinator in the Office of Institutional Equity.

The ADA coordinator will maintain the medical

records and provide information needed during the

interactive process to the administrative designee, the

immediate supervisor and/or the appropriate faculty or

staff whose duties include the coordination and/or

management of Lecturer appointments within the unit.

The ADA coordinator may disclose medical

MEMORANDUM OF UNDERSTANDING #9: ACCOMMODATIONS FOR

EMPLOYEES WITH DISABILITIES

188

documentation to the administrative designee and to

the supervisor only to further the interactive process.

In this event, the Employee will be informed prior to

the disclosure.

d. If an Employee has already submitted medical

documentation to the Work Connections office as a

result of an absence from work due to illness or

disability, Work Connections will maintain the medical

records and provide information needed during the

interactive process to the administrative designee, the

supervisor and/or the appropriate unit faculty and staff

whose duties include the coordination and/or

management of Lecturer appointments within the unit.

Work Connections may disclose medical

documentation to the administrative designee and to

the supervisor only to further the interactive process.

In this event, the Employee will be informed prior to

the disclosure.

5. Requesting an accommodation:

a. The Employee seeking a disability accommodation may

make that request in writing either to their supervisor

or to the administrative designee. Accommodation

requests may be made at any point during (or

preceding) the term of employment.

b. At the request of either the supervisor or the Employee,

the academic unit’s administrative designee may also

participate during the accommodation process.

c. Following receipt of the Employee’s request for an

accommodation, the administrative designee or

supervisor will initiate the interactive process with the

Employee. The interactive process may involve, in

addition to the Employee, the administrative designee,

the supervisor, and/or appropriate unit faculty and staff.

The Employee may request Union representation at any

meetings during the interactive process. At the

conclusion of that process, the administrative designee

will provide the Employee written notice as soon as

possible (e.g. via email) whether the accommodation

will be implemented.

MEMORANDUM OF UNDERSTANDING #9: ACCOMMODATIONS FOR

EMPLOYEES WITH DISABILITIES

189

d. If the accommodation request is granted, the

administrative designee will facilitate the steps required

to implement the accommodation.

e. If an accommodation request is denied due to the

nature of the accommodation requested, the supervisor

and the administrative designee will make a reasonable

effort, as part of the interactive process and in

cooperation with the Employee, to determine whether

an equally effective reasonable accommodation is

available.

f. If the accommodation request is denied, the

administrative designee will notify the Employee in

writing, and provide the Employee with the reason for

the denial in a timely manner.

MEMORANDUM OF UNDERSTANDING #10: DEI-RELATED INITIATIVES FOR

LECTURERS

190

MEMORANDUM OF UNDERSTANDING #10

DEI-RELATED INITIATIVES FOR LECTURERS

1. Inclusive Teaching Professional Development Fund

The provisions of this memorandum of understanding shall take

effect September 1, 2021 and will end on August 31, 2024.

Purpose of the Fund: Designed to provide professional

development funds for lecturers seeking to develop and enhance

skills to better engage in inclusive teaching practices.

For the 2021-22 academic year, the annual level of funding for the

Lecturer Inclusive Teaching Professional Development Fund on

each campus shall be no less than the following per year:

Ann Arbor: $16,000

Dearborn: $ 9,000

Flint: $ 9,000

For the 2022-23 and 2023-24 academic years, the level of funding

for the Lecturer Inclusive Teaching Professional Development

Fund on each campus shall increase by $1,000 each year.

All Employees not on full layoff at the time the application is

submitted shall be eligible to apply for grants from the Lecturer

Inclusive Teaching Professional Development Fund. Grants from

the Fund shall not exceed $1,200 for any Employee in an

academic year. Employees already eligible for existing inclusive

teaching fund professional development funding in their academic

units shall apply first to the academic unit before applying to the

Lecturer Inclusive Teaching Professional Development Fund.

Decisions about the distribution of funds shall be made by a

committee on each campus. Each committee shall consist of no

more than two Employees appointed by LEO. The remaining

membership of each committee shall be determined by the Provost

MEMORANDUM OF UNDERSTANDING #10: DEI-RELATED INITIATIVES FOR

LECTURERS

191

at that campus. The committees will apply the criteria, policies and

procedures for administering the fund on their respective

campuses, developed by each committee over the course of the

last three years with one exception: for the Ann Arbor campus, up

to half of the Lecturer Inclusive Teaching Development Fund

money can be used to pay stipends to Ann Arbor Employees

participating in the ODEI-CRLT Lecturer Inclusive Teaching

Fellows program.

2. Annual Lecturer Excellence in Inclusive Teaching Award

Effective September 1, 2021, the Employer will establish a

Lecturer Excellence in Inclusive teaching (LEIT) Award. This

award will be open to all Employees regardless of title or

appointment effort. The criteria for selecting a recipient will be

established by the Provost’s office at each campus. Each Provost’s

office will share a draft of the proposed criteria with the Union for

input, and a final copy of the criteria will be provided to the

Union. The criteria for nomination and selection of an LEIT award

recipient will be distributed along with the nomination and

selection procedures for Collegiate Lecturers in accordance with

Article XXV.D. The Employee chosen as the LEIT recipient will

receive the same award as a Collegiate Lecturer on their campus

as outlined in Article XXV.G.

MEMORANDUM OF UNDERSTANDING #11: SUPPORT FOR

INTERNATIONAL LECTURERS

192

MEMORANDUM OF UNDERSTANDING #11

SUPPORT FOR INTERNATIONAL LECTURERS

Employing units will include in appointment letters for all

Employees a statement that all International Employees can

receive a variety of support and services through the relevant

International Centers in Ann Arbor, Dearborn or Flint, including

an orientation. The letter will also include a link to the relevant

International Center website and contact information for the

International Center including a phone number and email address

should the International Employee wish to set up an appointment

with the International Center.

The services or advice that the International Center may provide

depends on a variety of factors, including the immigration status

of the International Employee and whether the University of

Michigan is the immigration status sponsor.

The International Center will provide orientation(s) each academic

year which will include but not be limited to topics such as general

information on adapting to the University of Michigan system and

living in the local communities, visa types and what they entail, as

well as information on how to navigate the International Center

website. LEO’s International Caucus is available for consultation

on matters of orientation needs of International Employees. LEO

will be notified once the orientation date is decided.

MEMORANDUM OF UNDERSTANDING #12: INCREASED DIVERSITY IN

HIRING

193

MEMORANDUM OF UNDERSTANDING #12

INCREASED DIVERSITY IN HIRING

1. The parties have a shared interest in improving the diversity of

lecturers at the University of Michigan. In order to better

understand steps that have been taken toward improving Lecturer

diversity, the parties will meet in Special Conference each

academic year for the term of this contract to discuss the

University’s efforts toward that goal. Academic HR will invite

stakeholders from all three campuses to participate in the Special

Conference and share the current resources and training available

on each campus. The purpose of the meeting will be to share this

information and receive feedback from the Union.

2. The annual meetings shall share data collected over the previous

year, disaggregated by School or College, on the following items:

a. the implicit bias training and other forms of diversity

training relevant to job searches for hiring Employees

that have been offered throughout the previous year;

b. the targeted outreach approaches that have been

employed for Lecturer searches.

3. At the Special Conference, Academic HR will provide data on

the race and gender composition of UM Lecturer faculty,

disaggregated by campus and by school or college.

MEMORANDUM OF UNDERSTANDING #13: PAY ADVANCE FOR FIRST TIME

EMPLOYEES

194

MEMORANDUM OF UNDERSTANDING #13

PAY ADVANCE FOR FIRST TIME EMPLOYEES

An eligible Employee may submit a written request on a form

provided by the University to receive an advance on the salary due

for the full month of September employment, provided that the

request is timely received by the Payroll Office and that the

Employee’s HR job data is timely entered into M-Pathways.

Advances will be for the entirety of the Employee’s September

payment and will not adjust or alter the distribution of future

payments.

In order to be eligible for this advance payment, the Employee

must:

1. hold no other current employment with the University,

or previous employment record as an Employee within the

past 12 months; and

2. have filed all necessary paperwork with the Payroll

Office to establish direct deposit to a US financial

institution.

The schedule for requesting a pay advance is as follows:

Fall 2021

1. Receive forms by Friday 8/27/21, to be processed in

weekly payroll on Thursday 9/2/21, for payment date

Friday 9/3/21 (one business day early due to Labor Day).

2. Receive forms by Friday 9/3/21, to be processed in weekly

payroll on Thursday 9/9/21, for payment date Monday,

9/13/21.

Fall 2022

1. Receive forms by Friday 8/26/22, to be processed in

weekly payroll on Thursday 9/1/22, for payment date

Friday 9/2/22 (one business day early due to Labor Day).

2. Receive forms by Friday 9/2/22, to be processed in weekly

payroll on Thursday 9/8/22, for payment date Monday,

9/12/22.

MEMORANDUM OF UNDERSTANDING #13: PAY ADVANCE FOR FIRST TIME

EMPLOYEES

195

Fall 2023

1. Receive forms by Friday 8/25/23, to be processed in

weekly payroll on Thursday 8/31/23, for payment date

Thursday 8/31/23 (due to transactional restrictions these

funds may not be available until Friday 9/1/23).

2. Receive forms by Friday 9/1/23, to be processed in weekly

payroll on Thursday 9/7/23, for payment date Monday,

9/11/23.

MEMORANDUM OF UNDERSTANDING #14: ACADEMIC CALENDAR

CHANGES

196

MEMORANDUM OF UNDERSTANDING #14

ACADEMIC CALENDAR CHANGES

For the duration of the term of this contract the University will be

engaging in a pilot program that will shift the start of the academic

calendar as follows:

Ann Arbor

Academic Year 2021-22: August 30

Academic Year 2022-23: August 29

Academic Year 2023-24: August 28

Dearborn

Academic Year 2021-22: September 1

(unchanged)

Academic Year 2022-23: August 29

Academic Year 2023-24: As yet to be determined

Flint

Academic Year 2021-22: August 30

Academic Year 2022-23: August 29

Academic Year 2023-24: As yet to be determined

It is agreed upon by the University and the Union that any

reference to the start of the academic year or the start of the fall

term made throughout this agreement will now refer to the dates

listed above. For the years that are yet to be determined, the

University will provide timely notice to the Union once those

dates are finalized.

It is not the intent of the University to increase the number of days

worked by the Employees or to increase Employee effort by virtue

of this change. To the extent that the Union believes that these

changes have increased the number of days worked or the effort of

Employees, the University and the Union will meet in Special

Conference to address this issue.

MEMORANDUM OF UNDERSTANDING #15: COMPUTER

197

MEMORANDUM OF UNDERSTANDING #15

COMPUTER

Considering Faculty Support Article XXVI.D., it is “reasonably

necessary” that each Employee have use of a computer “to

complete [their] assigned duties and responsibilities,” on campus

or remotely. An Employee without suitable access to such a

computer can make a request to their unit to be provided one

appropriate to their assigned duties and responsibilities. In this

case, no reasonable request shall be denied, and if granted, the

Employer shall supply a University-managed computer with

sufficient hardware, software, and security protections that assist

the Employee in protecting student, research, or other sensitive

data, and allow for the Employee to do their work and fulfill the

educational mission of the University. The Employer is not

required to deploy new computers for each Employee, but all

computers must have operating systems that are capable of

receiving upgrades, updates, and security patches.

In the event that an Employee who has been individually assigned

a computer is terminated or laid off pursuant to Article XII of this

Agreement, the Employee must return their assigned computer to

their unit within a reasonable timeframe from the fulfillment of

their currently assigned duties and responsibilities.

MEMORANDUM OF UNDERSTANDING #16: REQUIRED DISCLOSURE OF

FELONY CHARGES AND/OR CONVICTIONS

198

MEMORANDUM OF UNDERSTANDING #16

REQUIRED DISCLOSURE OF FELONY CHARGES AND/OR

CONVICTIONS

Effective September 1, 2022, Standard Practice Guide 601.38,

Required Disclosure of Felony Charges and/or Felony

Convictions, shall apply to all Employees. SPG 601.38 may be

accessed online at the following link:

https://spg.umich.edu/policy/601.38

When an Employee discloses a felony charge and/or conviction to

the Employer, the Employer will immediately notify the LEO

President and Vice President that a disclosure has been made but,

in the interest of privacy, will not disclosure the identity of the

Employee. The Employee shall be informed that they have the

right to Union representation at all discussions or hearings

involving the disclosure.

Employees who fail to disclose felony charges and convictions,

and/or fail to provide accurate details regarding felony charges and

convictions, or fail to consent to a background check, will be

subject to the process set forth in Article XX, Discipline and

Dismissal. Action taken against an Employee under Article XX

will not be taken solely based on the existence of a felony charge

or conviction, but must be job-related for the position in question.

An Employee shall not be dismissed solely due to their failure to

disclose a felony charge and/or conviction.

In the event the Employer takes action following the disclosure of

a felony charge and/or conviction, Academic HR will notify the

Union. If the Union files a grievance in accord with Article X

concerning the termination or relief of employment

responsibilities, the grievance will go straight to arbitration, an

arbitration hearing will be held, and a decision rendered by the

arbitrator no later than sixty (60) calendar days after receipt of the

grievance. The arbitrator will be asked to determine whether the

action taken was for just cause. Action taken against an Employee

will not be taken solely based on the existence of a felony charge

or conviction, but must be job-related for the position in question.

During the period of arbitration, the Employee will continue to

receive their full salary and benefits.

MEMORANDUM OF UNDERSTANDING #16: REQUIRED DISCLOSURE OF

FELONY CHARGES AND/OR CONVICTIONS

199

Arbitrations held pursuant to this article shall be heard by one (1)

arbitrator from a three-person panel that will be mutually agreed

upon by the Employer and the Union no later than thirty (30) days

after ratification of the Agreement. Arbitrators will be selected on

a rotating basis. If an arbitrator is provided notice and the case

does not go to hearing for any reason, the assigned arbitrator will

go to the bottom of the list just as though they had heard the case.

Nothing in this paragraph limits the University’s right to terminate

employment or take action as would otherwise be available under

the Agreement.

In the event that an Employee is relieved of employment

responsibilities pending disposition of a felony charge, they will

keep their salary and benefits for the remainder of the employment

period.

Any change to SPG 601.38 that impacts Employees shall be

subject to negotiation upon Union request.

The Employer will, at the Union’s request, also provide a report

compiling any disclosures of felony charges and/or convictions of

all Employees along with the disposition of those disclosures.

MEMORANDUM OF UNDERSTANDING #17: TITLE IX

200

MEMORANDUM OF UNDERSTANDING #17

TITLE IX

The parties agree that in matters involving a Title IX Misconduct

complaint involving an Employee, the Employer’s procedures will

conform to the relevant Title IX statute and regulations.

MEMORANDUM OF UNDERSTANDING #18: ADDITIONAL INCREASE FOR

CURRENT EMPLOYEES

201

MEMORANDUM OF UNDERSTANDING #18

ADDITIONAL INCREASE FOR CURRENT EMPLOYEES

Effective September 1, 2021, the full-time salary rate minimums

for current Employees who have received Major Review increases

prior to September 1, 2021, shall be as follows:

For Ann Arbor

Lec II w/ 1 MR

$57,500

Lec II w/ 2 MR

$63,500

Lec IV w/ 1 MR

$59,500

Lec IV w/ 2 MR

$65,500

For Dearborn and Flint

Lec II w/ 1 MR

$50,000

Lec II w/ 2 MR

$54,000

Lec IV w/ 1 MR

$52,000

Lec IV w/ 2 MR

$56,000

These increases shall be applied before any other increase to salary

contained in this agreement.

Intermittent Lecturers who have passed Major Review(s) will

follow the Lecturer II schedule above.

APPENDIX A: DEFINITIONS

202

APPENDIX A

DEFINITIONS

Months:

Appointment period for Employees who perform services for

12 months and are paid over that 12-month period.

Academic Unit:

The program, department, school, college or campus

her

the Employee holds their appointment. The rules, policies,

procedures and practices of a program or department

cannot

contradict the rules, policies, procedures, or practices of a

school or college; nor can the rules, policies procedures or

practices of a school or college contradict those of

the

Univ

sit

Academic

ear

The Academic Year under this Agreement is from September 1

through August 31 of the subsequent

ear

COBRA:

COBRA refers to a federal law called the Consolidated

Omnibus Budget Reconciliation Act of 1985. The Act

giv

employees and their families who lose their health benefits

the right to continue their group health benefits at their

cost for limited periods of time under certain

cir

cumstances

including voluntary or involuntary job loss, reduction in

the

hours worked, death, divorce, and certain other

ents

Unless otherwise specified in this Agreement, “day” refers to

calendar

Emplo

The Regents of The University of Michigan and/or

the

persons delegated to act in the name of the

egents.

APPENDIX A: DEFINITIONS

203

Emplo

ee:

A member of the bargaining unit.

When

not

capitaliz

ed,

“employee” refers to anyone employed by The University of

Mic

hig

an.

Family and

Medical

Leave Act of 1993

(FMLA):

The

Family and Medical Leave Act of 1993 (FMLA) is a federal

law

that requires certain employers, including The

Univ

sity

of Michigan, to grant an employee up to twelve weeks of

unpaid leave during any 12-month period for the birth or

adoption of a child, for the care of an immediate

family

member with a serious health condition, or for medical

leave when the employee is unable to work because of a serious

health condition. During FMLA leave, the University

will

continue to pay its share of any health insurance premiums.

Employees who take FMLA leave have the right to return to

the same or equivalent position at the

Univ

sit

In general, to be eligible for FMLA leave, an Employee must

have been employed in any capacity by the Employer for

least twelve (12) months (cumulatively) and have worked at

least

1250 hours during the twelve (12) month period immedia

tely

preceding the start of the absence from work. For Employees,

these two requirements shall be deemed satisfied if any one of

the following three

(3)

thresholds are met:

1. Any Lecturer II or IV who holds a minimum

50%

total

(concurrent) appointment at the time the

FMLA-

protected leave begins; or

2. Any Employee who has worked for three

(3)

semesters

and who has a 100% appointment at the time

the

FMLA-protected leave begins; the three

(3)

semesters

need not be consecutive; or

3. Any Lecturer I, Lecturer III, or Intermittent Lecturer

who has held appointments of at least 50% for

least three

(3)

semesters and who has a minimum

50%

total (concurrent) appointment at the time the

FMLA-

APPENDIX A: DEFINITIONS

204

protected leave begins; the three

(3)

semesters need not

be consecutiv

For purposes of determining whether an Employee is eligible to

apply for FMLA-protected leave, the Employer uses a fixed

twelve-month period that commences with the Employee’s

hir

This definition is intended to define FMLA

eligibility

requirements for purposes of this Agreement only.

Nothing

this definition shall be interpreted to waive

eligibility

requirements of the FMLA for purposes of a civil action

under the

sta

tute

FTR:

An Employee’s full-time salary rate, to be reported as stated in

Article XV.

Half-

Appointment period for Employees appointed for either May 1

through June 30 or July 1 through August 31 time periods.

Other

Qualified

Adult

(“OQ

”):

For purposes of the Employer’s benefit plans and

lea

policies covered by this Agreement, the definition of

Other

Qualified Adult shall be the same for Employees as it is for

other University employees. This definition is set forth on

the Employer’s Benefits Office website

(

http://ww

.benefits

umich.edu).

PERA:

PERA stands for the Michigan Public Employment

ela

tions

Act, the state law that defines and governs the union

rights

of public employees, the rights and obligations of unions

and

employers, labor negotiations, unfair labor practices,

and

strikes.

APPENDIX A: DEFINITIONS

205

Per

Appointment on a single semester basis (e.g. September 1 to

December 31; or January 1 to either April 30 [Dearborn] or

May 31 [Ann Arbor/ F

lint]).

Per

eriod:

A less than 12-month appointment period for Employees

appointed for a time period not otherwise described by

“ter

“half-term,” “University Year Term,” “University

Year

,”

“University Year Dearborn,” or “12 months

.”

SPG:

The Employer’s Standard Practice Guide. Available online

http://spg

.umic

h.edu/

University

Year (UYR) and

University

Year

Dearbor

(UYrD):

An appointment period for Employees performing services

September 1 through May 31 (Ann Arbor and Flint) or

September 1 through April 30 (Dearborn) and receiving

for the twelve (12) month period September 1 through

ugust

31.

University

Year Term

(UYrT):

The appointment period for both the fall and winter terms in

given academic year, with pay occurring only during the

eight

(8)

months from September

-A

pril.

Working

Title:

In accordance with Article XI.B.8., Working Titles, and Article

XIV., Provisions for Special Case Appointments, working

titles

may be used only in limited circumstances to note the

ele

ted

or honorific status of an

appointment.

A working title is used by an Employee only as a courtesy

title

It should be approved by the involved appointing

academic

unit and does not distinguish, enhance or otherwise

alter

the appointment title (per Article XI., Appointments,

Major

Review, and Renewal) in any