Common use of Contracting Out Bargaining Unit Work Clause in Contracts

Contracting Out Bargaining Unit Work. Section 1. Effective July 1, 2006, the provisions of this Article shall apply to bargaining unit work performed by professional employees in this unit at the particular University affected. Section 2. Prior to the award of any outside contract to undertake work within the scope of the work specified in Section 1 above, the University or PASSHE, if a System-wide contract, shall notify in writing the President of SCUPA with a copy to the local SCUPA representative. a. Such written notice shall state the length, purpose, rationale, and estimated cost of the intended contract. b. For contracts in excess of $10,000, SCUPA shall be allotted thirty (30) calendar days from the date of notice set forth in a. above, in which to comment and/or meet and discuss with University or PASSHE management, as appropriate, with respect to a particular contract. At such time, SCUPA may request, and the University shall provide cost information with respect to the contract in question. Time limits may be extended or reduced by mutual agreement as circumstances dictate. c. After notification, should SCUPA request to meet and discuss on a particular contract for the purpose of exploring alternatives to the proposed contract, the union must provide specific information on how the work can be accomplished with existing personnel and provide for a reasonable cost savings or improved delivery of service. Section 3. It is recognized that in situations that present an immediate affect on the health, safety and welfare of students and staff, it may not be possible to follow the procedures outlined above. In such instances the University shall within 48 hours of the occurrence, notify the local SCUPA representative of the existence of the situation and the contract. Section 4. The Employer agrees not to contract out bargaining unit work which would result in the layoff or downgrading of an employee or prevent an available qualified employee from being recalled to work except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service. Section 5. This Article will not be construed so as to prevent non-bargaining unit University employees from performing bargaining unit work for the purpose of instruction, illustration, lending an occasional hand or in emergency situations to carry-out the functions and programs of PASSHE or maintain the Employer’s standard of service. Section 6. In the event there is no common understanding reached during the meet and discuss, the contract may be implemented. SCUPA may within 15 calendar days of the meet and discuss referenced above submit a grievance to arbitration. The parties shall by mutual agreement select three persons to serve as arbitrators to hear disputes arising from this Article. A case shall be assigned to one of the arbitrators on a rotational basis. The initial order of rotation

Contracting Out Bargaining Unit Work. Section 1. Effective July 1, 2006, the provisions of this Article shall apply to bargaining unit work performed by professional employees in this unit at the particular University affected. Section 2. Prior to the award of any outside contract to undertake work within the scope of the work specified in Section 1 above, the University or PASSHEthe State System, if a System-wide contract, shall notify in writing the President of SCUPA with a copy to the local SCUPA representative. a. Such written notice shall state the length, purpose, rationale, and estimated cost of the intended contract. b. For contracts in excess of $10,000, SCUPA shall be allotted thirty (30) calendar days from the date of notice set forth in a. above, in which to comment and/or meet and discuss with University or PASSHE State System management, as appropriate, with respect to a particular contract. At such time, SCUPA may request, and the University shall provide cost information with respect to the contract in question. Time limits may be extended or reduced by mutual agreement as circumstances dictate. c. After notification, should SCUPA request to meet and discuss on a particular contract for the purpose of exploring alternatives to the proposed contract, the union must provide specific information on how the work can be accomplished with existing personnel and provide for a reasonable cost savings or improved delivery of service. Section 3. It is recognized that in situations that present an immediate affect effect on the health, safety and welfare of students and staff, it may not be possible to follow the procedures outlined above. In such instances the University shall within 48 hours of the occurrence, notify the local SCUPA representative of the existence of the situation and the contract. Section 4. The Employer agrees not to contract out bargaining unit work which would result in the layoff or downgrading of an employee or prevent an available qualified employee from being recalled to work except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service. Section 5. This Article will not be construed so as to prevent non-bargaining unit University employees from performing bargaining unit work for the purpose of instruction, illustration, lending an occasional hand or in emergency situations to carry-out the functions and programs of PASSHE the State System or maintain the Employer’s standard of service. Section 6. In the event there is no common understanding reached during the meet and discuss, the contract may be implemented. SCUPA may within 15 calendar days of the meet and discuss referenced above submit a grievance to arbitration. The parties shall by mutual agreement select three (3) persons to serve as arbitrators to hear disputes arising from this Article. A case shall be assigned to one of the arbitrators on a rotational basis. The initial order of rotationrotation shall be

Contracting Out Bargaining Unit Work. Section 1. Effective July 1, 2006, the provisions of this Article shall apply to bargaining unit work performed by professional employees in this unit at the particular University affected. Section 2. Prior to the award of any outside contract to undertake work within the scope of the work specified in Section 1 above, the University or PASSHEthe State System, if a System-wide contract, shall notify in writing the President of SCUPA with a copy to the local SCUPA representative. a. Such written notice shall state the length, purpose, rationale, and estimated cost of the intended contract. b. For contracts in excess of $10,000, SCUPA shall be allotted thirty (30) calendar days from the date of notice set forth in a. above, in which to comment and/or meet and discuss with University or PASSHE State System management, as appropriate, with respect to a particular contract. At such time, SCUPA may request, and the University shall provide cost information with respect to the contract in question. Time limits may be extended or reduced by mutual agreement as circumstances dictate. c. After notification, should SCUPA request to meet and discuss on a particular contract for the purpose of exploring alternatives to the proposed contract, the union must provide specific information on how the work can be accomplished with existing personnel and provide for a reasonable cost savings or improved delivery of service. Section 3. It is recognized that in situations that present an immediate affect effect on the health, safety and welfare of students and staff, it may not be possible to follow the procedures outlined above. In such instances the University shall within 48 hours of the occurrence, notify the local SCUPA representative of the existence of the situation and the contract. Section 4. The Employer agrees not to contract out bargaining unit work which would result in the layoff or downgrading of an employee or prevent an available qualified employee from being recalled to work except for legitimate operational reasons resulting in reasonable cost savings or improved delivery of service. Section 5. This Article will not be construed so as to prevent non-bargaining unit University employees from performing bargaining unit work for the purpose of instruction, illustration, lending an occasional hand or in emergency situations to carry-out the functions and programs of PASSHE the State System or maintain the Employer’s standard of service. Section 6. In the event there is no common understanding reached during the meet and discuss, the contract may be implemented. SCUPA may within 15 calendar days of the meet and discuss referenced above submit a grievance to arbitration. The parties shall by mutual agreement select three (3) persons to serve as arbitrators to hear disputes arising from this Article. A case shall be assigned to one of the arbitrators on a rotational basis. The initial order of rotationrotation shall be alphabetical based upon the last name of the arbitrators selected. If the parties can not agree on the selection of three arbitrators, either party may, for each grievance, request the Bureau of Mediation to submit a statewide list of seven possible arbitrators for selection in accordance with the procedure outlined in the grievance procedure. The arbitrator shall render a binding decision.