Common use of BARGAINING UNIT QUESTIONS Clause in Contracts

BARGAINING UNIT QUESTIONS. The University and HUCTW recognize that certain questions regarding the inclusion in or exclusion of positions within the bargaining unit remain unresolved from prior negotiations, and that new questions arise on a regular basis. We are committed to the development and maintenance of a process, which is designed to review and resolve these questions in an objective, fair, and timely manner. Therefore, the University and HUCTW agree to the establishment of a small Joint Committee on the Bargaining Unit (JCBU) comprising an equal number of University and HUCTW representatives to address these questions. The JCBU will establish a set of objective criteria consistent with the needs of the University and HUCTW, and legal guidelines, for determining whether a position is appropriately included in or excluded from the bargaining unit. Based upon those criteria, the JCBU will review and resolve any disputed questions which are raised regarding the bargaining unit status of (i) newly created positions; (ii) current positions where there has been a substantial change in the nature of work, degree of responsibility or reporting relationship such that the position’s status may be changed; and (iii) positions which remain in question from prior negotiations. As a primary area of focus in the year beginning July 1, 2010, the JCBU will begin to review the application of exemptions under the Fair Labor Standards Act. Initially, the Committee will examine the use of exemptions by reviewing job postings on a regular basis, and flagging any postings on which questions are raised for further review to be carried out by the University. In the event that the JCBU cannot reach consensus on the bargaining unit status of a particular position, it may request the assistance of a mediator acceptable to both parties to the Agreement. The objective of the mediator will be to seek a fair and equitable solution. The mediator may make recommendations for the resolution of the problem and, if a consensus is not reached, will make a final decision. The decision of the mediator shall not be contrary to the rights of either party under the National Labor Relations Act. New Unit Review Process

BARGAINING UNIT QUESTIONS. The University and HUCTW recognize that certain questions regarding the inclusion in or exclusion of positions within the bargaining unit remain unresolved from prior negotiations, and that new questions arise on a regular basis. We are committed to the development and maintenance of a process, process which is designed to review and resolve these questions in an objective, fair, and timely manner. Therefore, the University and HUCTW agree to the establishment of a small Joint Committee on the Bargaining Unit (JCBU) comprising an equal number of University and HUCTW representatives to address these questions. The JCBU will establish a set of objective criteria consistent with the needs of the University and HUCTW, and legal guidelines, for determining whether a position is appropriately included in or excluded from the bargaining unit. Based upon those criteria, the JCBU will review and resolve any disputed questions which are raised regarding the bargaining unit status of (i) newly created positions; (ii) current positions where there has been a substantial change in the nature of work, degree of responsibility or reporting relationship such that the position’s status may be changed; and (iii) positions which remain in question from prior negotiations. As a primary area of focus in the year beginning July 1, 2010, the JCBU will begin to review the application of exemptions under the Fair Labor Standards Act. Initially, the Committee will examine the use of exemptions by reviewing job postings on a regular basis, and flagging any postings on which questions are raised for further review to be carried out by the University. In the event that the JCBU cannot reach consensus on the bargaining unit status of a particular position, it may request the assistance of a mediator acceptable to both parties to the Agreement. The objective of the mediator will be to seek a fair and equitable solution. The mediator may make recommendations for the resolution of the problem and, if a consensus is not reached, will make a final decision. The decision of the mediator shall not be contrary to the rights of either party under the National Labor Relations Act. New Unit Review Process

BARGAINING UNIT QUESTIONS. ‌‌‌ The University and HUCTW recognize that certain questions regarding the inclusion in or exclusion of positions within the bargaining unit remain unresolved from prior negotiations, and that new questions arise on a regular basis. We are committed to the development and maintenance of a process, process which is designed to review and resolve these questions in an objective, fair, and timely manner. Therefore, the University and HUCTW agree to the establishment of a small Joint Committee on the Bargaining Unit (JCBU) comprising an equal number of University and HUCTW representatives to address these questions. The JCBU will establish a set of objective criteria consistent with the needs of the University and HUCTW, and legal guidelines, for determining whether a position is appropriately included in or excluded from the bargaining unit. Based upon those criteria, the JCBU will review and resolve any disputed questions which are raised regarding the bargaining unit status of (i) newly created positions; (ii) current positions where there has been a substantial change in the nature of work, degree of responsibility or reporting relationship such that the position’s status may be changed; and (iii) positions which remain in question from prior negotiations. As a primary area of focus in the year beginning July 1, 2010, the JCBU will begin to review the application of exemptions under the Fair Labor Standards Act. Initially, the Committee will examine the use of exemptions by reviewing job postings on a regular basis, and flagging any postings on which questions are raised for further review to be carried out by the University. In the event that the JCBU cannot reach consensus on the bargaining unit status of a particular position, it may request the assistance of a mediator acceptable to both parties to the Agreement. The objective of the mediator will be to seek a fair and equitable solution. The mediator may make recommendations for the resolution of the problem and, if a consensus is not reached, will make a final decision. The decision of the mediator shall not be contrary to the rights of either party under the National Labor Relations Act. New Unit Review Process