EXHIBIT 10.22
PREAMBLE
Agreement made this 28th day of February, 2004, by and between INTERBORO
INSTITUTE, INC., 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 ( the "Employer"
or the "Company") and OPEIU LOCAL 153, AFL-CIO, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx,
Xxx Xxxx 00000, (the "Union" or "Local 153") acting by and through their duly
authorized agents. The parties hereby agree as follows:
ARTICLE I
RECOGNITION
Section 1. The Employer recognizes the Union as the sole and exclusive
bargaining agent of all regular and full time clerical employees working at the
following sites:
000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx;
000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx;
000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx;
000-00 Xxxxxx, Xxxxxxxx, Xxx Xxxx; and
00 Xxxxx Xxxxxxxx, Xxxxxxx, Xxx Xxxx.
Section 2. The titles included are listed in Appendix 1.
Section 3. In the event that the Company opens any new campuses in the
five (5) Boroughs of New York City or in Nassau, Suffolk or Westchester
counties, the Employer agrees to recognize Local 153 as the exclusive bargaining
agent of the employees in the same job classifications listed above in Article
1, Section 2, in the event that the new campus is an accretion to the existing
bargaining unit. In the event the new campus is not an accretion, then Interboro
will remain neutral in the event that Local 153 seeks to represent the employees
at the new location in the job classifications listed in Article 1, Section 2,
and the Employer will not deny Local 153 reasonable access to its premises for
the purpose of explaining the benefits of union representation, and soliciting
support (including asking employees to sign union authorization cards) from
employees working in the job classifications listed in Article 1, Section 2. The
Union commits that it will not solicit support from or otherwise attempt to
unionize employees in any other job classification.
In the event that Local 153 becomes the majority representative of
employees at a new location, the Employer agrees that this existing contract
shall apply to those new locations.
Section 4. For the purposes of this agreement, the following definitions
apply:
Full time employee - Employee scheduled to work at least 35 hours per
week.
Regular scheduled part time employee - Employee scheduled to work at least
25 but fewer than 35 hours per week.
Part Time - Employee scheduled to work less than 25 hours per week.
ARTICLE II
CHECK-OFF
Section 1. Upon receipt of written authorization from an employee, the
Company agrees that it will, during the full term of this Agreement, or any
renewal or extension thereof, deduct from that employee's pay each pay period
the Union dues and initiation fees, in such amount as may be affixed by the
Union, starting not earlier than the first pay period following the completion
of the employee's first thirty-one (31) calendar days of employment. The Company
agrees to transmit such sums to the Union no later than the 20th calendar day in
the month following the month in which the sums are collected.
Section 2. The Union agrees to furnish the Company evidence of each
employee's authorization directing and allowing the Employer to make deductions
for union dues and initiation fees. The written authorization shall continue in
effect for one year from the execution thereof or until the termination of this
Agreement, whichever occurs sooner. Thereafter the authorization shall be
automatically renewed for successive one year periods.
Section 3. The Employer shall be relieved from making such check-off
deduction upon:
(1) separation from employment;
(2) transfer to a job outside the bargaining unit;
(3) layoff from work;
(4) an agreed leave of absence;
(5) resignation from the Union.
The Employer shall resume such check-off deduction if a laid off employee
or an employee on an agreed leave of absence returns to work.
ARTICLE III
UNION SECURITY
Section 1. The Employer agrees that all employees covered under this
Agreement shall, as a condition of employment, thirty-one (31) days from the
execution of this Agreement, become and remain members of the Union in good
standing.
Section 2. The Employer agrees that all new employees hired subsequent to
the effective date of this Agreement shall, as condition of employment,
thirty-one (31) days from the date of employment, become and remain members of
the Union in good standing.
2
Section 3. The Employer agrees to supply the union with the name, sex,
date of birth, social security number, address, salary, date of hiring,
classification of employees covered by this Agreement once every six (6) months
during the life of this agreement. In addition, the Employer shall provide the
Union with the same information for any new employee to be covered by this
Agreement.
ARTICLE IV
UNION STEWARDS AND VISITATION
Section 1. The Employer will recognize one (1) shop xxxxxxx and one (1)
assistant shop xxxxxxx at each location. The Union may designate one (1) shop
xxxxxxx as Chief Shop Xxxxxxx. The Chief Shop Xxxxxxx will have superseniority
for the purpose of layoffs only, provided that the operational needs of the
Company can be met.
Section 2. The Union will notify the Employer in writing of the name of
the shop stewards, assistant shop stewards, Chief Shop Xxxxxxx, and any outside
Union representative authorized to administer this Agreement on behalf of the
Union.
Section 3. An authorized representative of the Union shall have access to
the work sites covered by this Agreement at a mutually convenient time, on two
(2) days' advance notification to the Vice President of Administration, or
his/her designee, for the purpose of ascertaining whether the conditions of this
Agreement are being observed. Such visits only may be for a purpose that is
directly related to the administration of this Agreement, and shall not
interfere with Company services in any way; nor may the authorized
representative of the Union meet with any employee while that employee is on
duty without the express permission of the Vice President of Administration or
his/her designee.
ARTICLE V
UNION BULLETIN BOARD
The Company shall provide a bulletin board for the posting of union
notices at the following locations:
1. Break Room at 000 Xxxx 00xx Xxxxxx.
2. By the time clock in Flushing.
3. By the time clock in Washington Heights.
4. In the photocopy area at 00xx Xxxxxx
5. In a mutually agreed appropriate location in any new facility that
becomes part of the bargaining unit.
3
The notices may relate to meetings, dues, entertainment, health and
safety, and general union activities, provided that such notices do not contain
express or implied criticism of the Company or any manager or any other employee
of the Company, and shall not contain calls to action. The bulletin boards shall
be under lock and key, and both management and the xxxxxxx at each location
shall have a key. The Company may remove any notice it deems to be in violation
of this provision, and, if the Union disagrees, it may file a grievance and take
the matter to arbitration if it cannot be resolved.
ARTICLE VI
PROBATIONARY EMPLOYEES
Section 1. All newly hired employees shall be considered probationary and
on a trial basis for a period of ninety (90) days from the date of hire.
Section 2. During the term of the probationary period, such employees
shall be entitled to all rights and privileges of this Agreement, except with
respect to discharge and other forms of discipline. Such employees may be
terminated at any time during their probationary period without any recourse
whatsoever. After the completion of the probationary period, seniority shall be
effective as of the original date of employment.
ARTICLE VII
HOURS OF WORK AND OVERTIME
Section 1. The normal work week for full time employees is presently
thirty-five (35) hours per week. These employees will be permitted a one (1)
hour meal period per day (without pay). Employees (full time and part time)
shall receive a fifteen (15) minute break with pay, staggered within
departments, for each three (3) hours of work.
Section 2. The normal work week, including but not limited to hours per
week, hours of work per day, starting and ending times of shifts and length of
shifts, and any changes to the foregoing, shall be set at the sole discretion of
the Employer, subject to the procedures set forth below. The fact that an
employee works a particular number of hours or days or on a particular shift
shall be no guarantee that such practice shall continue.
4
Section 3. The Employer will establish the hours of operation for each
semester. Employees will then be permitted to submit a proposed schedule
(approximately 3 weeks before the beginning of the semester). The Employer
agrees to review those preferences and set the employees' work schedule. The
Employer will advise the employees of the schedule at least two (2) weeks in
advance, unless there is an emergency or unforeseen circumstances. If the
Employer makes changes to the foregoing, it will endeavor to give reasonable
notice in the circumstances to employees affected by any such changes.
Management's final decision concerning the scheduling of employees shall be
based upon the needs of the business and not upon arbitrary reasons.
Notwithstanding the foregoing, during registration Interboro may modify
schedules in accordance with the needs of the business, as it has done in the
past. Work schedules, and changes thereto, shall be grievable but not
arbitrable.
Section 4. Nothing shall prohibit the Employer from hiring new employees
and requiring them to work Saturday as a regular day of work. In the event that
Saturday is a work day the Employer shall endeavor to use its best efforts to
provide two (2) consecutive days off, if the employee is required to work
Saturday as a regular day of work.
Section 5. In the event that Saturday is to be a regular day of work and
no new employee is hired, the Employer agrees to solicit volunteers to work
Saturday. The Employer agrees that if all the employees in the affected job
title agree to rotate the Saturday work, that that will be approved. The only
limitation, on Saturday, is that the Employer has the right to reject an
employee who has less than two (2) years of service, and, if the employee is
working alone, to require that the employee have a good or better evaluation,
with a very good rating in professionalism and independence. In the event that
there are no volunteers, then the Employer may schedule employees to work on
Saturday based upon the needs of the business
Section 6. Employees shall be entitled to time and one-half for all hours
worked over 40 in a week. The Employer will endeavor to give two (2) hours'
notice, or, where the Employer is not reasonably able to give two (2) hours'
notice, notice that is reasonable in the circumstances, to employees required to
work past their normal quitting time, except during registration periods.
Section 7. The work year (i.e., the academic year) commences on September
1 and ends August 31.
5
ARTICLE VIII
WAGES
Section 1. All employees shall receive a three (3%) percent, across the
board increase, effective September 1, 2003, 2004 and 2005.
The across the board increases will be increased if certain enrollment
increases (i.e., the number of students enrolled in the school after the purge,
including new admits and returning students) are achieved, as follows:
ENROLLMENT INCREASE ADDITIONAL WAGE INCREASE TOTAL WAGE INCREASE
------------------- ------------------------ -------------------
15% or more .25% 3.25%
20% or more .75% 3.75%
30% or more 1.5% 4.5%
Section 2. In addition to the wages set forth above, employees shall be
eligible for merit pay increases effective September 1, 2003, 2004 and 2005,
which shall be paid from a merit-pool, as follows:
ENROLLMENT INCREASE MERIT POOL
------------------- ----------
15% or more .25%
20% or more .75% (total pool of 1%)
30% or more .50% (total pool of 1.5%)
6
The above merit pools shall be the applicable percentage of the total
bargaining unit payroll for employees eligible for an increase (i.e., excluding
new hires who are not yet due an increase). The entire amount of the pool shall
be spent whether or not 100% of the employees qualify for a merit increase. In
order to be eligible for a merit increase, an employee must receive an overall
very good in the annual formal evaluation. A minimum of 40% of the employees
will share in this merit pool. If 40% of the employees do not qualify for the
merit pool, then management will select the employees with the next best
evaluations to reach the 40% minimum. All employees will be evaluated twice per
year, once formally, and once less formally. The formal evaluation shall include
a section on goals and objectives. The less formal evaluation may just be an
oral evaluation, followed by a confirmatory letter.
Section 3. The calculation of the enrollment increases for 2003 shall be
based on a comparison of Fall 2003 enrollment with Fall 2002 enrollment. For the
2004 increases, and thereafter, enrollment increases shall be calculated by
comparing the enrollment for the three semesters ending with the Fall semester
with the three semesters ending with the Fall semester of the preceding year.
Section 4. Nothing herein shall preclude the Employer, in its sole
discretion, from making additional wage adjustments to eliminate wage
inequities, or to reward particularly meritorious work with additional bonuses.
Section 5. All employees shall be paid bi-weekly on alternate Fridays. The
payroll week begins on Wednesday and ends the following Tuesday.
ARTICLE IX
HOLIDAYS
Section 1. All full time and regularly scheduled part time employees shall
be entitled to twelve (12) holidays off with pay. Those holidays are as follows:
Day before New Year's Day
New Year's Day
Xxxxxx Xxxxxx Xxxx Day
President's Day observed
Memorial Day observed
Independence Day
Labor Day
Columbus Day observed
Thanksgiving Day
Day after Thanksgiving Day
Day before Christmas Day
Christmas Day
Presidential Election Day (once every 4 years)
7
Section 2. Any employee required to work on an Employer observed holiday
will be granted an additional holiday which must be taken during the same
academic year (September 1 through August 31).
Section 3. In order to be paid for the holiday, full time and regularly
scheduled part time employees must be scheduled on the holiday as a work day and
such pay will be based upon the number of hours that would have been worked.
Section 4. In order to be eligible for holiday pay, the employee must work
the day before and the day after the holiday, unless the employee supplies a
medical note or is excused by the Employer.
The parties agree that they shall meet before October 1, each year to set
(or change) the holiday schedule for the academic year. Absent agreement to
modify the holiday schedule, the holidays listed in Section 1 of this article
will apply. Any holidays listed in Section 1 of this article falling on a
Saturday or Sunday shall be observed on Friday or Monday respectively.
ARTICLE X
VACATION
Section 1. Full time and regularly scheduled part time employees are
entitled to vacation time off with pay based upon length of service. All
vacation days must be requested and approved (in writing) in advance.
Section 2. Full time employees are entitled to vacation time off with pay
based upon full months of service, as follows:
FULL TIME EMPLOYEES
YEARS OF DAYS OF ACCRUED
SERVICE VACATION AT
------- -------- -------
> 90 days 0 to 10 .83/MO
>3 years 15 1.25/MO
>10 years 20 1.67/MO
Section 3. Regularly scheduled part time employees shall accrue at half
the above rates after 1,000 hours. Employees who leave the employ of Interboro
for any reason will be entitled to be paid for accrued but unused vacation days
only if two (2) week's notice is provided.
8
Section 4. Vacations are to be scheduled on the basis of the Employer
requirements subject to the approval of the employee's supervisor. The Employer
expects all employees to use all vacation time by August 31st. Two (2) days of
vacation may be carried over into the next academic year. No employee may accrue
more total vacation days than specified in the chart set forth in Section 2
above.
Section 5. If an officially observed holiday falls during an employee's
vacation, that day will not be charged as vacation day(s).
Section 6. Vacation pay is calculated on the basis of an employee's
regular rate of pay and workweek in effect at the time the vacation is taken.
Section 7. Payment in lieu of vacation not taken will not be permitted
except in case of termination, retirement or death of the employee.
ARTICLE XI
MISCELLANEOUS EMPLOYEE BENEFITS
SECTION 1. SHORT TERM DISABILITY
The Employer shall provide short term disability in accordance with the
law to employees in case of non-occupational illness or injury that extends
beyond a fixed number of consecutive work days.
A short term disability exists when an employee is absent from work due to
illness/injury and is under the care of a physician for a period of five (5)
consecutive work days or more. The office of Human resources must be notified of
all absences of five (5) or more working days.
For the purposes of a short term disability absence, employees covered
under the Employer's plan will be entitled to receive one-half (1/2) salary up
to the then current maximum under the New York State Disability Law, as
calculated by the disability carrier in its sole, unreviewable discretion, for a
period of up to twenty-six (26) weeks upon evidence for such illness/injury.
All short term disability absences must be verified in writing by the
attending physician at the beginning of the leave. Upon return to work, a
physician note must be presented to the Human Resources office, certifying that
the employee is fit to return to work, or else the employee may not return to
work.
Employees' Group Insurance coverage on short term disability will be
continued for the employee and the employee's eligible dependents for the
duration of short term disability as if the employee was active at work. The
employee must continue to pay the employee's share during the short term
disability.
9
SECTION 2. GROUP LIFE INSURANCE FULL TIME
Full time employees are eligible for a life insurance policy at no cost
after ninety (90) days of employment. The amount of the insurance is $5,000.
SECTION 3. LEAVES OF ABSENCE
The Employer will consider personal leaves of absence without pay under
certain exceptional circumstances based upon the needs of the Employer. Approved
personal leaves of absence without pay shall be for a maximum duration of thirty
(30) days.
SECTION 4. TUITION REIMBURSEMENT
It is the Employer's policy to provide educational opportunities for its
employees. Tuition reimbursement is available to full time employees beginning
their first complete semester after an employee's ninety (90) day anniversary of
employment. Employees must submit their requests in advance of the semester.
Full time employees are eligible for tuition reimbursement that is equal to the
cost of six (6) credits during each of two (2) semesters for an academic year at
the current applicable state rate charged by the City University of New York.
The employees may elect any institution of higher learning. The institution must
be one that is accredited for programs registered by the New York Board of
Regents. Tuition will be paid once the office of Human Resources receives proof
of payment and passing the course.
Full time employees are eligible for tuition remission for up to two (2)
courses, two (2) semesters per year, at Interboro following the completion of
the employee's probationary period. Spouses and children of full time employees
are eligible for tuition remission for full time study at Interboro following
the completion of the employee's probationary period. For those students
receiving remission, students are responsible for all fees.
SECTION 5. OPTICAL BENEFITS
The Employer shall continue to cover employees under the optical benefits
plan in effect for the Company's employees generally, and under the plan as it
may be modified from time to time.
10
ARTICLE XII
PENSION
Section 1. The Employer shall continue the participation of bargaining
unit members in its 401(k) plan, the terms of which the Employer may change, at
its discretion. Any such change by the employer shall not adversely affect the
eligibility, vesting, matching as set forth below in this Section 1, and/or the
administrative cost allocation. Subject to any caps set forth in the 401(k)
plan: For the period September 1 through December 31, 2003, the Employer shall
match fifteen (15%) percent of the employee's contribution. For the period
January 1 through December 31, 2004, the Employer shall match twenty-five (25%)
percent of the employee's contribution. For the periods January 1 through
December 31, 2005 and 2006, the Employer shall match at a minimum of twenty
(20%) percent. In the event that the student enrollment for calendar 2004 is
fifteen (15%) percent greater than the enrollment for calendar 2003, the
Employer agrees to increase the match to twenty-five (25%) percent of the
employee's contribution for 2005. In the event that the student enrollment for
calendar 2005 is fifteen (15%) percent greater than the enrollment for calendar
2004, the Employer agrees to increase the match to twenty-five (25%) percent of
the employee's contribution for 2006.
The Employer shall make the comparison between the 2004 and the 2003
enrollment, and between the 2005 and the 2004 enrollment, by the end of November
2004 and 2005 respectively. It shall promptly advise the Union of the results
and if the enrollment does not increase by fifteen (15%) percent, the Employer
shall supply the Union the necessary documentation to confirm the Employer's
calculation.
ARTICLE XIII
PERSONAL DAYS
Section 1. All full time employees are entitled to three (3) personal days
per year for the academic year (prorated based upon the employee's start date)
after ninety (90) days of employment. Unused personal days may not be carried
over to the next academic year. Upon termination, employees will not be paid for
personal days not taken. The Employer recognizes that personal reasons may
necessitate an employee's absence from work.
ARTICLE XIV
SICK LEAVE
Section 1. Sick leave days are intended to cover circumstances when
illness prevents an employee from reporting to work. If an employee is out for
more than two days, medical documentation of the condition must be provided to
the office of Human Resources. Employees are encouraged not to use sick leave
casually, they should be saved for bona fide illnesses.
11
Section 2. If an employee is hospitalized in conjunction with vacation
leave, medical documentation of illness must be provided. In that event, sick
leave and not vacation leave will be charged provided that the employee has
sufficient sick leave available.
Section 3. Full time employees are entitled to seven (7) sick days per
academic year (prorated based upon the employee's start date) after 90 days of
employment. Sick days are granted for a one (1) year period commencing September
1st of each year. Up to fifteen (15) unused sick days may be banked into the
following academic year.
Section 4. Regularly scheduled Part time employees are entitled to five
(5) sick days per year. Sick days are granted for a one (1) year period
commencing September 1st of each year. Up to three (3) unused sick days may be
carried over into the following academic year.
Section 5. Employees, who abuse the sick leave policy (for example, by
continually taking Friday and Monday absences without proper documentation),
will be subject to discipline up to and including discharge.
Section 6. Employees may not exceed the allotted sick leave days in an
academic year. Those who do will not receive pay for any additional days of
absence, except for short-term disability, and may be subject to discipline up
to and including discharge.
Section 7. Sick days are provided for the illness or injury of the
employee only and may not be used to attend to family members or relatives,
except as is provided for by Family Medical Leave Act (FMLA).
Section 8. Unused sick days are not compensable upon termination of
employment, or for any other reason.
ARTICLE XV
GRIEVANCE MACHINERY AND ARBITRATION
Section 1. A grievance shall mean any dispute between the parties
involving the interpretation or application of this Agreement.
Section 2. An aggrieved employee shall present a grievance at Step 1. The
Union or the Employer shall present a grievance in Step 3; provided, however,
that there shall be a twelve (12) month limitation for a grievance alleging that
any employee did not receive the correct wages.
12
Section 3. The steps shall be as follows:
Step 1. The employee and a shop xxxxxxx shall take up the grievance with
the immediate supervisor within ten (10) working days of the event-giving rise
to the grievance. Such supervisor shall respond in writing to the grievance
within ten (10) days of such meeting. In the event the grievance is not
satisfactorily adjusted, the grievance shall move to Step 2 within ten (10)
working days of the supervisor's written response.
Step 2. The chief xxxxxxx will discuss the grievance with the head of the
department involved or the designee of the Company. Such discussions shall not
occur during the chief xxxxxxx'x work day without the permission of his or her
supervisor. Such person shall respond to the grievance in writing within ten
(10) days of such meeting. In the event the grievance is not satisfactorily
adjusted, the grievance shall move to Step 3 within ten (10) working days of the
written response.
Step 3. The Union Business Representative and the Vice President of
Administration or another designee shall meet to discuss the grievance. In the
event the grievance is not satisfactorily adjusted within fifteen (15) working
days after such meeting, the grievance may be taken to arbitration by either the
Union or the Employer.
Step 4. Any grievance, which had not been resolved in accordance with the
terms and conditions of this Agreement may be referred by the Union or the
Employer to an arbitrator selected in accordance with the then current Voluntary
Labor Arbitration Rules of the American Arbitration Association.
All grievances and answers to grievances as provided herein must be
submitted in writing to the appropriate parties at each step in the grievance
procedure.
Subject to the ten (10) working day time limit for the initial filing of a
grievance set forth in Step 1, in the event that either party is seeking to
initiate the grievance at Step 3, that party shall notify the other party of its
intention to do so. A meeting will be conducted as soon as practical, but in no
event later than ten (10) days after a discharge.
If, in any of the foregoing steps, either the Union or the Employer shall
fail to carry out the procedures involved, the other party may take the dispute
directly to arbitration.
Section 4. The decision of the Arbitrator shall be final and binding upon
the parties hereto and all fees and expenses of the American Arbitration
Association and the Arbitrator shall be borne equally by the parties.
Section 5. The Chief Shop Xxxxxxx shall attend all arbitration hearings
without loss of pay.
13
Section 6. Employees who believe they may have a grievance under the
collective bargaining agreement will make every reasonable effort to discuss
such grievances with their shop xxxxxxx during non-working time for both the
xxxxxxx and the employee. Where this is not possible, a xxxxxxx or other
bargaining unit member may request that such a discussion take place during a
time when the xxxxxxx and/or other employee is not on working time. Provided
that such a request can be granted without causing a disruption in the work
place, such requests shall not be unreasonably denied. Such requests shall be
made to the Vice President for Administration or his designee.
ARTICLE XVI
MANAGEMENT RIGHTS
Section 1. It is expressly understood and agreed that the Employer retains
all rights, power, and authority not specifically delegated or abridged by the
express provisions of this Agreement. The Union's and the employees' rights are
set forth only in the provisions of this Agreement, and all other powers reside
in management. Included in management's rights, but not limited thereto, is its
right to manage the College, to hire, discipline (including suspension and
demotion) or discharge for violations of the Employee Manual, including
violations of the General Rules of Conduct, or for other just cause, to
determine methods or means of operating its business, to promulgate, implement
and require adherence to rules and regulations relating to the conduct of its
employees (including a dress code) as it considers necessary or advisable for
the efficient performance of its business, including a substance abuse policy
and productivity standards, and to discipline (up to and including discharge)
employees that do not comply with such rules and regulations, substance abuse
policy or productivity standards, to change schedules, including starting and
ending times and hours worked, to lay off or transfer employees, to determine
the number of employees assigned to a particular shift, to schedule overtime
(include mandatory overtime), to delineate work duties, to direct the work
force, to name supervisors, to promote employees within the bargaining unit to
supervisors, to subcontract all or part of the bargaining unit work (subject to
the requirements of Article XXV), to assign bargaining unit work to supervisory
employees, to determine all procedures and methods necessary or advisable for
the efficient performance of its business, and to introduce or discontinue all
or any segment of the business the Employer desires.
Section 2. The listing of specific rights of management in this Agreement
is not intended to be nor shall it be considered restrictive or a waiver of the
rights of management not listed and not specifically surrendered herein whether
or not such rights have been exercised by the Employer in the past. The Employer
retains all rights that it had prior to the execution of this Agreement, subject
to the restrictions of law or a specific provision of this Agreement.
Section 3. All employees are expected to adhere to generally accepted
rules, conduct and organizational behavior. The Employer may make such
reasonable rules and regulations concerning the conduct of its employees as it
deems necessary, provided such rules and regulations do not conflict with the
explicit terms of the Agreement. A copy of the current General Rules of Conduct
is attached as Appendix 2 to this Agreement. The Union acknowledges that these
rules are reasonable and fully applicable to all employees.
14
Section 4. Changes to any rules and regulations, when issued, shall be
discussed with the Union upon request, but shall become effective as soon as
they are communicated to the employees. These include changes to any documents
referred to in this Article. The Union may challenge the reasonableness of any
changes in the rules and regulations through the grievance and arbitration
procedure.
Section 5. The additional (specific) rules that apply to Admissions
Associates and Financial Aid Counselors are annexed as Appendices 3 and 4.
Section 6. The Company will advise the Local Union and the Chief Shop
Xxxxxxx of any discharge, in writing, reasonably contemporaneously with the time
of the discharge action.
Section 7. The Employer agrees that, upon request by an employee, a Union
representative must be present during any investigatory interview of an employee
covered by this agreement where as a result of the interview said employee could
be subject to discipline.
Section 8. The Employee Manual shall remain in full force and effect,
except insofar as provisions of the Employee Manual are inconsistent with
explicit terms of this Agreement.
ARTICLE XVII
IDENTIFICATION CARDS
Section 1. All employees shall be provided a picture identification card
without cost. If an identification card is lost, stolen or destroyed, the
employee must attain a replacement card. There may be a fee to replace a lost
card. Upon termination of an employee, employees must return their
identification cards.
ARTICLE XVIII
MILITARY LEAVE
Section 1. Time off without pay for military duty shall continue.
Employees may elect to take vacation time to meet their military obligation. All
the benefits will continue during military leave of thirty (30) days or less at
no cost to the employee. For military leave beyond thirty (30) days, the
applicable law will be controlling.
15
ARTICLE XIX
LAYOFFS AND RECALL
Section 1. If a reduction of staff is necessary due to restructuring or
economic reasons, the Employer may meet the Union prior to or after the layoff
to explain it and to discuss layoff alternatives. Absent agreement on an
alternative, the layoff procedures shall be as follows:
Section 2. The operational needs of the Company shall prevail in all cases
in determining which employees shall be laid-off. Where in the sole discretion
of the Company, its operational needs do not require otherwise, and job
performance is relatively equal, departmental seniority shall prevail in
determining which employees shall be laid off.
An employee whose job is affected by a reduction in staff shall have the
right to displace a less senior employee in the same or lower labor grade whose
job he/she is qualified to perform. Employees who are displaced by the affected
employee shall in turn have the right to displace a less senior employee in the
same or lower labor grade whose job they are qualified to perform. This
procedure shall continue until the number of reductions sought is completed. An
employee who accepts a new position as a as a result of the bumping procedure
shall be paid the highest pay rate for the position into which the employee
bumps. Seniority shall be on an Institute-wide basis.
Section 3. Any employee laid off shall be placed on the recall list for a
period of twelve (12) months.
Section 4. Provided that there is no need for the skills of another
employee on the recall list, recalls shall be made in inverse order of the order
in which employees were added to the recall list (i.e., last in, first out.)
Section 5. An employee recalled and reinstated to their former position
held shall receive his/her former rate of pay in addition to any wage increases
which were applied to his/her job classification during the period he/she was on
the recall list.
Section 6. Any notice of re-employment to any employee who has been laid
off shall be made by certified mail to the last known address of such laid off
employee. The employee must respond in five (5) business days.
16
ARTICLE XX
NO STRIKES - NO LOCKOUTS
Section 1. The parties subscribe to the principle that all differences
under this Agreement shall be resolved by peaceful and appropriate means without
interruption. Accordingly, there shall be no strikes, including sympathy
strikes, sit-downs, slowdowns, stoppages of work, or other concerted refusal to
perform work, boycotts, picketing, or handbilling, and the Union shall not
instigate, engage in, authorize, support, encourage or condone such activities.
Section 2. There shall be no lockouts by the Employer.
Section 3. Employees covered by this Agreement who instigate or
participate in, either individually or collectively, any unauthorized activity,
including but not limited to those activities prohibited in Section 1, above,
will be subject to discipline up to and including discharge.
Section 4. In the event of a violation of this Article by any employee,
the Union shall: notify the employee to cease violating this Article and resume
regular work immediately.
ARTICLE XXI
SENIORITY
Section 1. Seniority shall mean length of continuous service with the
Employer and shall be cumulative on a Company wide basis.
Section 2. An employee shall lose all seniority rights for any one or more
of the following reasons:
1. Voluntary resignation.
2. Discharge for just cause.
3. Failure to return to work within ten (10) working days after being
recalled by certified mail, return receipt requested, to his/her
last known address unless due to actual illness or accident.
4. Layoff for a continuous period of more than twelve (12) months.
5. Transferring to a non-bargaining unit position.
6. Failure to return to work at the conclusion of an approved leave of
absence.
17
ARTICLE XXII
PROMOTIONS AND TRANSFERS
Section 1. While it is the intention of the Employer to fill job vacancies
from within the bargaining unit, where appropriate, before hiring new employees,
the Employer is not required to do so, and may hire employees from whatever
recruitment source it chooses.
Section 2. Notice of all job vacancies within the bargaining unit shall be
posted on appropriate bulletin boards of the Employer for ten (10) working days,
except in emergency circumstances when it may only be posted for three (3) days,
plus notice to the shop xxxxxxx. The posting shall include the job title, the
salary range, and brief description of job duties including qualifications and
necessary skills. Only those employees who make applications during the posting
period will be considered for the job and will be permitted to file a grievance
against the final selection. Copies of all notices shall be forwarded to the
chief xxxxxxx.
Section 3. Promotions shall be made on the basis of seniority and
qualifications. In the event two or more employees have equal qualifications,
the employee with the greatest seniority shall be selected.
Section 4. An employee may apply for and receive a transfer to a position
within the same job title. Such transfer shall be made at the discretion of the
Employer, upon request of the employee. An employee so transferred shall receive
the same salary as in his or her former position.
Section 5. Involuntary transfers (transfers not requested by employee)
shall be by inverse seniority except that the Employer reserves not to follow
seniority when the needs of the business dictate otherwise. Prior to an
involuntary transfer to another campus, volunteers will be sought. The Employer
shall not be required to accept the volunteers.
ARTICLE XXIII
SUBCONTRACTING
Section 1. In the event that the Employer, in its sole discretion,
determines that it is necessary for the Employer to subcontract, it agrees to
meet with the Union to discuss the subcontracting. The purpose of this meeting
is for the Union to provide alternative options to subcontracting. The Employer
agrees to promptly respond to reasonable requests for information by the Union
so as to enable the Union to present reasonable alternatives to the Employer.
In the event that the Union is unsuccessful in convincing the Employer not
to subcontract, the Employer will use its best efforts to require the
subcontractor to interview any employees of Employer who will be displaced (laid
off) as a result of the subcontracting. Employees who are displaced shall
receive severance in the amount of one (1) week per year of service up to a
maximum of eight (8) weeks.
18
Section 2. Nothing in this Article shall preclude the Employer from
continuing to subcontract work of the kind that is currently subcontracted, such
as telemarketing, without being required to comply with Article XXIII, Section
1.
ARTICLE XXIV
JURY DUTY
The Employer will pay all full time and regularly scheduled part time
employees up to ten (10) days pay in a two (2) year period when the employees
are required to serve on jury duty. When an employee is notified to report to
jury duty, the employee must present a copy of the notice to the office of Human
Resources.
ARTICLE XXV
NON-DISCRIMINATION
Section 1. The Employer agrees that it will not discriminate against an
employee because of his/her activities on behalf of the Union.
Section 2. Neither the Employer nor the Union in carrying out their
obligations under this contract shall discriminate because of race, creed,
color, national origin, marital status, sex, age, sexual preference, handicap or
veteran status.
ARTICLE XXVI
PERSONNEL FILES
Section 1. An employee may inspect his/her personnel file at reasonable
times. Such employee must provide notice of his/her desire to inspect his/her
personnel file two (2) business days prior to such inspection. Employees wishing
to clarify or rebut statements made in those materials may submit statements of
explanation or rebuttal and such statements will be retained in his/her
personnel file.
Section 2. The employee will be supplied with a copy of any written
discipline placed in the personnel file, but will not be provided with written
documentation of oral warnings or counselings.
19
ARTICLE XXVII
BEREAVEMENT LEAVE
Section 1. The Employer will grant up to a maximum of three (3) working
days off with pay in the case of a death of a member of the immediate family.
Section 2. For purposes of this leave, immediate family members are
considered to be spouse, parents, siblings, children, grandparents,
grandchildren, mother-in-law, father-in-law, brother-in-law, sister-in-law, or
another person acting in the same role as the designated, and relatives living
in the same household as the employee.
Section 3. Documentation establishing the relationship of the deceased to
the employee and the date of death must be submitted to the Office of Human
Resources.
ARTICLE XXVIII
FAMILY AND MEDICAL LEAVE
Section 1. Employees may exercise their rights under the Family and
Medical Leave Act.
ARTICLE XXIX
PART TIME EMPLOYEES
Part time employees who work 1,000 hours or more in a given calendar year
shall be entitled to three (3) days off in the following calendar year. Those
days shall be considered vested as of January 1 of the following year. In the
event the employee terminates employment, the Employer shall pay the employees
for the unused balance. Days cannot accumulate from year to year. The days must
be used in the year following the year earned. For the employee to be eligible
to receive the days, the employee must be actively on the Employer's payroll as
of December 31 of the earning year.
20
ARTICLE XXX
HEALTH INSURANCE
The Employer shall continue to offer health care coverage under HIP (as
long as HIP is available) and under any other healthcare plan offered to
Interboro employees generally. The Employer will pay for the entire cost of the
employee only coverage under HIP or the equivalent amount towards the cost of
alternative coverage offered by the Employer and selected by the employee. The
employee shall pay the cost of coverage for dependents.
Notwithstanding the above, the Employer reserves the right to change the
health insurance carrier as long as the coverage is substantially similar to the
existing coverage. The Employer will advise the Union when it seeks to change
carriers. The Employer will review bids for insurance referred by the Union in
the same manner it reviews bids by insurance carriers solicited by the Employer.
ARTICLE XXXI
TRANSPORTATION EXPENSES
Section 1. In the event that an employee is directed to report to other
than the usual place of employment, the employee shall be reimbursed for any
approved additional transportation expenses above the employee's regular
commuting costs. An expense report must be submitted for reimbursement.
Section 2. In the event that an employee uses a personal vehicle for work,
the employee will be reimbursed thirty-five (.35) cents per mile.
ARTICLE XXXII
SEPARABILITY
Section 1. In the event that any provision to this Agreement shall at any
time be declared invalid by any Court of competent jurisdiction or through
Government Regulations or decree, such decision shall not invalidate the entire
Agreement. It is the expressed intention of the parties hereto that all other
provisions not declared invalid shall remain in full force and effect.
ARTICLE XXXIII
DISCIPLINE
Section 1. It is hereby agreed that the Company has the right to
discharge, suspend or discipline for violations of the Employee Manual,
including violations of the General Rules of Conduct, or for other just cause.
The Company agrees to advise in writing the Local Union and the Shop Xxxxxxx of
any such discharge or suspension and the reason therefore at the time of the
discharge action.
21
Section 2. The Employer agrees that a Union representative must be present
during disciplinary conferences, subject to employee consent. The Employer
agrees that a Union representative must be present during any investigatory
interview of an employee covered by this agreement where as a result of the
interview said employee could be subject to discipline if requested by employee.
Section 3. All employees are expected to adhere to general accepted rules,
conduct and organizational behavior. If an employee's work performance does not
meet acceptable standards, if possible, a supervisor should provide counseling,
point out areas of weakness and recommend ways to overcome areas of concern;
give an oral warning to the employee and file written documentation that an oral
warning was administered; give a formal written warning to the employee if the
employee fails to correct the problem; recommend suspension or discharge of the
employee based upon the severity of the situation if the problem continues.
Section 4. Depending upon all of the circumstances of the case and the
severity of the :offense, one or more of the above steps may be repeated or
bypassed. Generally, the Employer will follow a traditional progressive
discipline policy except with regards to Admissions Counselors and Financial Aid
Counselors. (See Appendices 3 and 4)
ARTICLE XXXIV
TERMINATION AND RENEWAL
The Agreement shall be in full force and effect from September 1, 2003 to
August 31, 2006, and shall continue in effect from year to year thereafter,
unless either party shall give notice to the other in writing at least sixty
(60) days prior to any expiration date of its desire to terminate or modify such
agreement; provided, however, that in the event the Union serves written notice
in accordance with this Article, any business or employment interruption after
any expiration date shall not be deemed in violation of any provision of this
Agreement, notwithstanding any other provision to the contrary.
22
IN WITNESS WHEREOF, each representative of INTERBORO INSTITUTE INC. and
OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 153, AFL-CIO, has
this 28th day of February, 2004 executed this Agreement, effective today except
as otherwise expressly provided.
INTERBORO INSTITUTE, INC. OFFICE & PROFESSIONAL INTERNATIONAL
UNION, LOCAL 153, AFL-CIO
By /s/ Xx. Xxxx X. XxXxxxx By /s/ Xxxxxxx Xxxxxxx
Name Xx. Xxxx X. XxXxxxx Name________________________________
Title CEO and President Title_________________________________
By
-----------------------------------
Xxxxxxxx Xxxx
Business Representative
By /s/ Xxxxxxx Xxxxxx
----------------------------------
Xxxxxxx Xxxxxx
Organizer
Negotiation Committee:
/s/ Xxxxxx Xxxxx
-------------------------------------
/s/ Xxxxxx Xxxxxx
-------------------------------------
/s/ Zen Xxxxxx
-------------------------------------
/s/ Xxxxx X. Xxxxxx
-------------------------------------
23
APPENDIX 1 - JOB TITLES
Academic Advisor
Accounts Payable Clerk
Administrative Assistant
ARC Coordinator
ARC Coordinator/Library
Assistant to the Student Activities Coordinator
Assistant Director
Assistant Academic Advisor
Assistant Registrar
Assistant to the Registrar
Bursar Clerk
Career Advisor
File Clerk
Financial Analyst
Financial Aid Counselor
Financial Aid
Data Entry
IT Support Specialist
Junior Admissions Associate
Junior Accountant
Library Assistant
Office Manager
Office Assistant
Receptionist
Retention Coordinator
Secretary
Senior Admissions Associate
Server Administrator
Student Activities Coordinator
Student Service
Generalist
Switch Board/Data Entry Clerk
TAP Coordinator
Tester
Testing Coordinator
Tutor
24
APPENDIX 2 - GENERAL RULES OF CONDUCT
The Institute has the right to immediately discharge, suspend, or otherwise
discipline any employee for violations of rules of conduct that include, but are
not limited, to the grounds listed below. Employees may be discharged,
suspended, or otherwise disciplined with the approval of the Office of the
President for violations of the following:
Poor job performance;
Failure to render service to any student, if such service is within the normal
scope of the employee's duties;
Abusive or inconsiderate treatment of students, visitors, or other employees;
Falsification of Institute records, application forms of employment or
admissions;
Unauthorized absence from post or duty while on work-time;
Refusal to accept a job assignment; insubordination;
Improper use of, or unauthorized possession of intoxicating beverages at the
workplace or reporting to work under the influence of intoxicants;
Illegal use of drugs (see drug & alcohol policy);
Excessive lateness and absenteeism;
Possession of a weapon or firearm on the premises;
Fighting, harassing or threatening another employee, or other disorderly conduct
on the premises;
Demeaning statements or actions concerning an employee or student's individual
circumstances (race, religion, sexual orientation, etc);
Gambling, conducting games of chance or possession of gambling devices on the
premises;
Any unlawful conduct; stealing, misappropriation or unauthorized possession or
use of property belonging to the Institute, its residents, visitors or other
employees;
Negligence or deliberate destruction or misuse of property belonging to the
Institute, its students, visitors or other employees;
Creating unsafe or unsanitary conditions by acts of commission or omission;
Disregard of safety rules;
Disregard of one's appearance, uniforms, dress or personal hygiene;
Failure to sign in for work; signing in for another employee;
Solicitation, accepting gratuities or peddling on Institute premises (see
conflict of interest policy);
Breach of confidentiality;
Any unlawful conduct not specifically mentioned; or conducts detrimental to the
Institute.
25
APPENDIX 3 - STANDARDS FOR ADMISSIONS ASSOCIATES
Senior and Junior Admissions Associates will be reviewed based upon the
number of admissions (which are students who start and survive the purge) for
which they are directly responsible. To insure that the review is fair, it is
the intent of the Employer that all Admissions Associates receive the same
number of leads. In the event that any individual Admissions Associate does not
receive within ten (10) percent of the average number of leads of the other
Admissions Associates, then there shall be no negative consequence to the review
for that semester. It is the intent of the Employer that qualified Junior
Admissions Associates shall become Senior Admissions Associates. In the event a
Junior Admissions Associate has two (2) consecutive semesters whereby the
admissions attributable to him/her are equivalent to the average number of
admissions credited to the Senior Admissions Associates for the same period,
then that Junior Admissions Associate shall become a Senior Admissions
Associate.
For the Fall and Spring semesters, each Senior Admissions Associate is
expected to produce 120 admissions. For the same two (2) semesters, each Junior
Admissions Associateis expected to produce 75 admissions.
In the event that 75% of the Senior and Junior Admissions Associates meet
or exceed those goals, the remaining Admissions Associates may be subject to
discipline. If a Senior Admissions Associate only produces between 75 and 119
admissions, that Senior Admissions Associate will receive a warning letter. In
the event a Junior Admissions Associate only produces between 47 and 74
admissions, that Junior Admissions Associate will receive a warning letter.
If 75% of the Admissions Associates meet their goals, a Senior Admissions
Associate will be subject to immediate discharge in the event the Senior
Admissions Associate produces less than 75 admissions and a Junior Admissions
Associate will be subject to immediate discharge in the event the Junior
Admissions Counselor produces less than 47 admissions, unless such failure to
achieve a required minimum occurs in a semester immediately following four
consecutive semesters in which the employee achieved his/her goal (i.e., for a
Fall or Spring semester, 120 admissions for a Senior Admissions Associate, and
75 admissions for a Junior Admissions Associate).
If 75% of the Admissions Associates do not meet their goals (120 for
Senior Admissions Associates and 75 for Junior Admissions Associates), then the
only disciplinary penalty may be that either the Senior Admissions Associate or
the Junior Admissions Associate who misses his/her goal by the greatest
percentage, may be subject to discipline, including discharge, provided that the
Admissions Associate being discharged, or otherwise disciplined, failed to
achieve his/her required minimum (i.e., 75 admissions for a Senior Admissions
Associate, and 47 admissions for a Junior Admissions Associate).
These standards for Senior Admissions Associates and Junior Admissions
Associates shall not apply until the Admission Associate has completed his/her
probationary period. The actual review will be from the first day of the next
semester through the end of that semester.
26
For the Summer semester, the admissions goals are reduced by 50%. Each
Senior Admissions Associate is expected to produce 60 admissions, and at least
37 admissions must be produced, and each Junior Admissions Associates is
expected to produce 37 admissions. and at least 24 admissions must be produced.
Except as set forth above, a Senior or Junior Admissions Associate cannot
be dismissed until he/she receives a warning letter with respect to two (2)
semesters and then once again fails to reach the above goals. Termination of
employment may occur following the third sub par review as outlined above. A
Junior or Senior Admissions Associate will have a warning letter removed from
the progressive disciplinary process in the event that the Admissions Associate
has two (2) consecutive semesters wherein the Admissions Associate is not
subject to discipline.
APPENDIX 4 - FINANCIAL AID STANDARDS
Financial Aid Counselors shall be reviewed on a semester basis. Each
semester, a Financial Aid Counselor must accurately complete, at a minimum, 95%
of the files assigned to that Counselor. In addition, 95% of the State aid
relating to the files assigned to that counselor must be fully collected. In the
event the Financial Aid Counselor accurately completes at least 90% but less
than 95% of his/her assigned files, and/or state aid collections relating to
those assigned files are at least 90% but less than 95%, the Financial Aid
Counselor shall receive a warning letter. Thereafter, if a Financial Aid
Counselor completes 95% or more of his/her assigned files, and at least 95% of
all state aid relating to those assigned files has been received, for two (2)
consecutive semesters, the warning letter shall no longer be considered active.
Otherwise, a failure to achieve a 95% goal in a second semester shall constitute
just cause for discharge.
If, in any semester, a Financial Aid Counselor accurately completes less
than 90% of his/her assigned files, or less than 90% of the state aid relating
to those assigned files has been collected, the Financial Aid Counselor shall be
subject to immediate termination of employment.
FINAL DOC. - 02/04/04
27
