Common use of Employees Not Covered Clause in Contracts

Employees Not Covered. a. Excluded from this Bargaining Unit are temporary employees, employees doing excluded work, student employees, and all other employees not covered by paragraph 4. For purposes of this Agreement, the University will not classify or assign more than thirteen (13) individuals to excluded positions. The University will provide the Association a listing of employees in excluded positions and their positions upon request. If the basis/rationale for the exclusion of any positions differs from the basis for the exclusion of these positions excluded at the time this Agreement was ratified, the Association shall have the right to grieve such exclusion. b. When an employee’s position is no longer designated as excluded it will be reclassified in the Bargaining Unit at the appropriate classification and grade with such reclassification occurring within six (6) months. Any retroactive adjustment issuing from reclassification will be limited to the date the position was no longer designated as excluded. In no case shall the individual’s salary be reduced below current levels. c. An employee whose excluded position is reclassified in the Bargaining Unit is precluded from using Bargaining Unit seniority accrued for the purpose of bumping for a period of one (1) year following entry into the Bargaining Unit, except that an employee who acquired seniority in a Bargaining Unit position prior to taking an excluded position will have full seniority rights restored immediately if her/his excluded position is returned to the Bargaining Unit under this paragraph.

Employees Not Covered. a. Excluded from this Bargaining Unit are temporary employees, employees doing excluded work, student employees, and all other employees not covered by paragraph 4. For purposes of this Agreement, the University will not classify or assign more than thirteen (13) individuals to excluded positions. The University will provide the Association a listing of employees in excluded positions and their positions upon request. If the basis/rationale for the exclusion of any positions differs from the basis for the exclusion of these positions excluded at the time this Agreement was ratified, the Association shall have the right to grieve such exclusion. b. When an employee’s position is no longer designated as excluded it will be reclassified in the Bargaining Unit at the appropriate classification and grade with such reclassification occurring within six (6) months. Any retroactive adjustment issuing from reclassification will be limited to the date the position was no longer designated as excluded. In no case shall the individual’s salary be reduced below current levels. c. An employee whose excluded position is reclassified in the Bargaining Unit is precluded from using Bargaining Unit seniority accrued for the purpose of bumping for a period of one (1) year following entry into the Bargaining Unit, except that an employee who acquired seniority in a Bargaining Unit position prior to taking an excluded position will have full seniority rights restored immediately if her/his the Bargaining Unit Member’s excluded position is returned to the Bargaining Unit under this paragraph.