COLLECTIVE BARGAINING AGREEMENT

COLLECTIVE BARGAINING AGREEMENT BETWEEN

THE UNIVERSITY OF AKRON AND

THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, THE UNIVERSITY OF AKRON CHAPTER

Contract #1: Effective July 1, 2015 through June 30, 2018 Contract #2: Effective July 1, 2018 through December 31, 2020

Printed June 24, 2016 Updated August 17, 2018

TABLE OF CONTENTS

Page

ARTICLE 1 PREAMBLE.....................................................................................1 ARTICLE 2 RECOGNITION ...............................................................................1 ARTICLE 3 MANAGEMENT RIGHTS ................................................................1 ARTICLE 4 ASSOCIATION RIGHTS .................................................................2 ARTICLE 5 WORKING ENVIRONMENT ...........................................................4 ARTICLE 6 NO STRIKE/NO LOCKOUT ............................................................5 ARTICLE 7 NONDISCRIMINATION...................................................................6 ARTICLE 8 AFFIRMATIVE ACTION ..................................................................6 ARTICLE 9 ACADEMIC FREEDOM, RIGHTS, AND RESPONSIBILITIES........6 ARTICLE 10 GOVERNANCE ...............................................................................8 ARTICLE 11 INITIAL HIRE.................................................................................14 ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURES......................20 ARTICLE 13 REAPPOINTMENT, TENURE AND PROMOTION .......................25 ARTICLE 14 DISCIPLINARY ACTION ...............................................................60 ARTICLE 15 RETRENCHMENT ........................................................................61 ARTICLE 16 COMPENSATION .........................................................................68 ARTICLE 17 BENEFITS.....................................................................................77 ARTICLE 18 PROFESSIONAL DEVELOPMENT...............................................96 ARTICLE 19 INTELLECTUAL PROPERTY .....................................................102 ARTICLE 20 DISTANCE AND DISTRIBUTED LEARNING..............................109 ARTICLE 21 EMERITUS FACULTY.................................................................113 ARTICLE 22 DISTINGUISHED PROFESSOR.................................................114 ARTICLE 23 LEGAL PROTECTION ................................................................120 ARTICLE 24 PROFESSIONAL ACTIVITIES OUTSIDE THE UNIVERSITY.....120 ARTICLE 25 RETIREE REEMPLOYMENT......................................................121 ARTICLE 26 ACADEMIC CALENDAR .............................................................122 ARTICLE 27 WORKLOAD ...............................................................................122 ARTICLE 28 SPOUSAL/SAME SEX DOMESTIC PARTNER HIRES .............123 ARTICLE 29 PROFESSOR OF PRACTICE AND PROFESSOR OF

INSTRUCTION: FULL-TIME NON-TENURE TRACK (NTT) FACULTY ................................................................................124 ARTICLE 30 BRANCH CAMPUSES ................................................................134 ARTICLE 31 PAST PRACTICES......................................................................134 ARTICLE 32 SEPARABILITY...........................................................................135 ARTICLE 33 DURATION AND NEGOTIATION PROCEDURE........................135 ATTACHMENT #1 BENEFITS..........................................................................140

ATTACHMENT #2 BENEFITS............................................................ 147 ATTACHMENT #3 Employees Rights and Responsibilities under FMLA .........148 MOU (Where Tenure Resides) .........................................................................150 MOU (Intellectual Property) ..............................................................................150 MOU (Sick Time) ..............................................................................................153 MOU (Same-Sex Domestic Partners) ...............................................................153 MOU (Labor-Management Policy Committee) .................................................155

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ARTICLE 1 PREAMBLE

Section 1. Agreement

This is an agreement by and between The University of Akron (hereinafter referred to as the "University") and the American Association of University Professors, The University of Akron Chapter (hereinafter referred to as Akron-AAUP).

Section 2. Purpose

The purpose of this Agreement is to set forth the understanding between the University and the Akron-AAUP as to the terms and conditions of employment of members of the bargaining unit as specified herein.

ARTICLE 2 RECOGNITION

The University recognizes the Akron-AAUP as the sole and exclusive representative for the members of the bargaining unit described below for the purpose of collective bargaining as defined in Section 4117.01 of the Ohio Revised Code.

The bargaining unit shall include all full-time faculty at the Akron and Wayne College campuses of the University, including librarians holding faculty rank. The following shall be excluded: President; Vice Presidents; Deans; Assistant Deans and Associate Deans of Colleges; Assistants to the President and Vice Presidents; Division Chairs and Department Chairs and School Directors; Adjunct, part-time, temporary, visiting and research faculty; contract professional employees; faculty whose primary appointment is in the University of Akron School of Law; supervisory employees; and all other employees of the University.

ARTICLE 3 MANAGEMENT RIGHTS

Section 1. Recognizing that Ohio law vests full authority and responsibility for the operation of the University in the Board of Trustees ("Board") and restricts the power of the Board to delegate its authority and responsibility, the University, acting by and through its duly constituted authorities, retains and reserves exclusively to itself all rights, powers, prerogatives, responsibilities, and authority vested in it, whether exercised or not.

Section 2. Without limiting the generality of the foregoing, it is understood and agreed that, except as otherwise provided in this Agreement, the Board has the right to adopt new or modify or terminate existing rules, policies, regulations, and procedures in furtherance and accomplishment of its statutorily mandated authorities and responsibilities. The Board shall also have the right to take any action it considers

necessary and proper to effectuate any management right reserved to it by Section 4117.08(C) of the Ohio Revised Code, including:

A. Determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structure;

B. Direct, supervise, evaluate, or hire employees;

C. Maintain and improve the efficiency and effectiveness of governmental operations;

D. Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted;

E. Suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain employees;

F. Determine the adequacy of the work force;

G. Determine the overall mission of the employer as a unit of government;

H. Effectively manage the work force;

I. Take actions to carry out the mission of the public employer as a governmental unit.

ARTICLE 4 ASSOCIATION RIGHTS

Section 1. Access to Information for Contract Implementation

A. At the beginning of the fall semester of each academic year, the University will furnish to Akron-AAUP a complete list of all members of the bargaining unit, including name, academic department, rank, tenure status, gender, years in service, years in rank, year of highest degrees, and base salary. Interim changes, including promotions, terminations, and new hires of bargaining unit faculty, complete with name, academic department, rank, tenures status, and base salary where new or changed, will be provided to the Akron-AAUP immediately following confirmation of the employment action by the Board.

B. Upon written request by the Akron-AAUP, the University agrees to make available to Akron-AAUP, both in hardcopy and electronic formats, such data and information that is reasonably related to the enforcement or

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negotiation of this Agreement and future Agreements, including, but not limited to, any and all budgets, financial reports and student enrollment data.

C. Akron-AAUP will be furnished information regarding Board meetings and actions in accord with Ohio's open meeting and public records laws.

Section 2. Access to University Resources

A. During the term of this Agreement the University will allow the full-time use of a room for union officers and designated union representatives.

B. The University shall provide the following to the Akron AAUP:

office and storage space exclusively for the use of the Akron-AAUP, and non-exclusive conference room space, as well as a telephone line, computer line and access to the University's secured network, all as consistent with what the University has provided immediately prior to the effective date of this Agreement.

C. The University will deduct regular union dues, fees, fines, and assessments established under the terms of the Akron-AAUP Constitution, using payroll deduction for Akron-AAUP members. No member of the bargaining unit shall be required to become a member of the Akron-AAUP as a condition for securing or retaining employment at the University. The University shall deduct from each employee covered by this Agreement who is not a member of the Akron-AAUP a fair share fee, consistent with the AkronAAUP's lawful assessment, such assessment not to exceed the amount of the regular union dues paid by members of the Akron-AAUP. Payments by members of the bargaining unit holding religious objections shall be governed by Section 4117.09(C) of the Ohio Revised Code. All deductions, together with an alphabetical list of names of members of the Akron-AAUP bargaining unit whose dues or fair share fees have been deducted, shall be transmitted to the Akron-AAUP no later than the fifteenth (15th) of the following month, and upon receipt, the Akron-AAUP shall assume full responsibility for the disposition of all funds deducted. The University shall assess no charge upon Akron-AAUP for the administering of these deductions.

D. An electronic copy of this Agreement in .pdf format will be provided to the Akron-AAUP.

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