ITEM 112-115-R0901  ATTACHMENT

 

Executive Summary

Collective Bargaining Agreement

University Faculty Association (UFA) and the Montana University System

2001-2003

 

The Collective Bargaining Agreement between The University of Montana-Missoula University Faculty Association (UFA) and the Montana University System has a number of modifications outlined below.

 

The agreement covers the period from July 1, 2001 to June 30, 2003 or two academic years, one of which has already commenced.

 

·         The section entitled reassignments-UFA has been modified to add the potential reassignment of 2 UFA members for service on the Collective Bargaining team.  Required funding for such reassignments was deleted from the contract.  Such reassignments may occur without additional cost.

 

·         Non-tenurable appointments were redefined in revisions to policy 143, adding the category “clinical faculty.”  The new language in section 9.100 recognizes this change to the policy.

 

·         In the section on Rights of Non-Tenurable Appointees, non-tenurable employees who are hired in one fiscal year and the immediately subsequent fiscal year (continuing) will receive the normal salary increase for that year.  In addition, such continuing non-tenurable employees will be guaranteed reasonable consideration according to their teaching experience at UM when applying for other non-tenurable appointments.

 

·         Effective AY 2001-2002, no probationary appointment may be made to a line which is not supported by at least 50% state appropriated funds.  Previous contracts required at least 65% state appropriated funds.

 

·         All references to the UTU (University Teachers Union) were changed to UFA (University Faculty Association).

 

·         Under section 9.310 Eligibility for Tenure Application, it was clarified that faculty must have completed five years of credited service before making application for tenure.  In addition, this section provides for the possibility that a faculty member may apply for both tenure and promotion simultaneously.  Under no circumstances may tenure be granted to an assistant professor.

 

·         In the faculty evaluation section, with reference to the Student Evaluation Committee, the department chairperson and the dean are no longer required to sign the SEC report.  Instead, the form is signed by the chairperson of the SEC and the faculty member being evaluated.

 

·         With regard to the Faculty Evaluation Committee, a minimum of three tenured or tenure-track faculty must be on the committee and only tenured or tenure-track faculty can vote on tenure or promotion decisions.  In addition, this section guarantees confidentiality when the FEC solicits information from non-tenure track, probationary employees or from students.

 

·         Section 10.240 Department Chairperson’s Recommendation requires that the names on the list of recommendations for merit increases will be ranked in order of priority by the chairperson.

 

·         The Dean’s Evaluation and Recommendation was changed to require that only the recommendations for merit be rank ordered by the Dean.  Rank ordering tenure or promotion recommendations is no longer required.

 

·         Eligibility for Sabbatical assignments was clarified to require that an applicant must apply for the sabbatical in the academic year prior to beginning the assignment and that the individual must have completed six years of satisfactory service at UM prior to the year for which the assignment is sought.  In addition, the responsibility for Sabbatical awards is moved from the President’s office to the Provost’s office.

 

·         Compensation was resolved with faculty receiving a total 4% salary increase.  From the total 4% increase pool, promotions and merits were deducted, leaving an Across the Board (Normal) salary increase to faculty of 3%.  The number of merits was reduced from 83 to 74, with the amount of each merit being increased from $2168 to $2253.  Promotions were changed from a standard amount of $2440 for promotion to any rank to a differential amount dependent upon rank.  That is, promotion from Assistant to Associate Professor will include a $2500 base increase, while promotion from Associate to Full Professor will include a $5000 base increase.  It is estimated that there will be 10 promotions to Full Professor and 15 promotions to Associate Professor.

 

·         Market adjustments were removed from the compensation section.  The previous contract provided for $25,000 within the compensation increase pool.  Instead, market adjustments were authorized from a budgeted amount ($102,000, up to .4%), at the discretion of the Administration and after recommendation by the President and approval by the Commissioner of Higher Education.

 

·         All references to “released time” were changed to “reassigned time.”

 

·         The section on Grievance Procedures was clarified to include the expectation that the parties will meet informally to attempt to resolve issues before filing a formal grievance.

 

·         Section 19.810 was amended to provide for timelines in the selection of an arbitrator.

 

·         The student complaint procedure was amended to provide for a purpose which makes clear that every effort will be made to resolve problems before they become grounds for a complaint.  Student complaints against University administrators were removed from this section.  These are handled in processes other than the collective bargaining agreement.  Finally, the Formal Complaint Procedure was rewritten (including an expedited procedure) by a student/faculty/administration committee and recognized and approved in the contract.

 

·         Appended to the contract and clarifying certain sections, are letters of understanding regarding: Academic Equipment and the Library; Rights of Non-Tenurable Appointees; Compensation; and UFA Reassignments.

 

2001-2003 Collective Bargaining Agreements

UM Administration/UFA

7/2/01

 

UTU to UFA

 

All references in the CBA to the University Teachers Union (UTU) will be changed to the University Faculty Association (UFA). All references to Union will be changed to Association.  The UFA-Administration/Contract Maintenance Committee will hereinafter be referred to as the UFA-Administration Committee.

 

3.600        REASSIGNED TIME – UTU (old language)

 

Up to two (2) designated representatives of the UTU shall, upon request to the Administration, be granted a one course (equal to or less than five [5] credit hours) reassigned time per semester in work load with no reduction in pay.

 

The portion of the assignment from which the representatives will be reassigned shall be determined by the Administration in consultation with the UTU Executive Committee.

 

3.600         REASSIGNMENTS – UFA (new language)

 

Upon approval by the Administration, the UFA Executive Board shall allocate up to four (4) course reassignments with no reduction in pay (each equal to or less than five (5) credit hours) per academic year. The Administration will grant these reassignments upon request of the UFA Executive Board in consultation with the appropriate department(s) and dean(s) based upon their need, judgment, and discretion.  (See Letter of Understanding on UFA Reassignments.)

 

9.100 NON-TENURABLE APPOINTMENTS  (old language)

The categories of non-tenurable appointments are defined by University Policy 143.0. This section applies to those holding non-tenurable appointments who are included in the bargaining unit as defined in Section 3.100.

 

Non-tenurable appointments, also known as adjunct appointments, include four types: lecturers, adjunct faculty at any rank, research faculty at any rank, and visiting faculty at any rank.

A non-tenurable appointment includes faculty members identified in University Policy 143.0, as well as any appointment, however designated, not supported by a state-appropriated tenure-line position (i.e., where the faculty member is paid from grants, contracts, or outside funding sources susceptible to discontinuance by persons or entities other than the University). Each faculty member appointed to a non-tenurable position shall be informed in writing by the dean that the appointment is non-tenurable and therefore carries no expectation of reappointment.

 

9.100 NON-TENURABLE APPOINTMENTS  (new language)

 

The categories of non-tenurable appointments are defined by University Policy 143.0 (as revised). This section applies to those holding non-tenurable appointments who are included in the bargaining unit as defined in Section 3.100.

 

Non-tenurable appointments include five types: lecturers, adjunct faculty at any rank, research faculty at any rank, clinical faculty at any rank, and visiting faculty at any rank.

 

9.110 RIGHTS OF NON-TENURABLE APPOINTEES (old language)

 

3. in the case of reappointment, have the normal increase in force for a given year (Section 13.200) added to their salary (prorated by FTE).

 

There is no expectation of reappointment or renewal of any non-tenurable faculty appointment. However, the Administration will attempt to inform non-tenurable faculty in a timely fashion if they are to be reappointed, or not, for the next semester. Discharge for cause of non-tenurable faculty is governed by the procedures outlined in Section 18.400.

 

Non-tenurable faculty who are bargaining unit members and apply for non-tenurable appointments, comparable to those they have previously held, shall be given special consideration for such appointments as follows. If, after applicable EEO/AA compliance, two or more such faculty are equally qualified by degrees, teaching evaluations, and relevant experience in the discipline, the person with the most experience at UM shall be considered by the hiring authority as most qualified for the position. Any nontenurable faculty member dismissed from a previous position for cause forfeits his or her seniority at the time of dismissal.

 

9.110 RIGHTS OF NON-TENURABLE APPOINTEES  (new language)

 

[initial portions remain unchanged]

 

3. receive at least the normal increase for a given year (Section 13.200) added to their salary (prorated by FTE) if and when they are hired in one fiscal year and the immediately subsequent fiscal year.  Any increase in base will be in addition to the normal increase unless explicitly stated in the new employment agreement.  Merit adjustments must be at least equal to the merit increment stipulated in 13.240.  The FTE of the subsequent years employment contract (where applicable) will be computed after any increase is added.

 

[intervening portion remains unchanged]

 

Non-tenurable faculty who are bargaining unit members shall be encouraged to apply for non-tenurable appointments comparable to those they have previously held and shall be guaranteed reasonable consideration according to their teaching experience at UM.  Any non-tenurable faculty member dismissed from a previous position for cause forfeits this reasonable consideration at the time of dismissal.

 

9.220 RANK AND APPOINTMENTS  (old language)

 

At the time of appointment or reappointment, each faculty member shall be provided by the employer with a written agreement which specifies rank, salary, and other terms and conditions of employment. All full-time appointments at the rank of professor, associate professor, assistant professor, and instructor shall be either probationary or tenured.

 

No probationary appointment may be made to a line which is not supported by at least 66% state appropriated funds. Probationary faculty shall not be restricted from seeking outside funding to support their research scholarship/creative activities.

 

[remainder unchanged]

 

9.220 RANK AND APPOINTMENTS (new language)

At the time of appointment or reappointment, each faculty member shall be provided by the employer with a written agreement which specifies rank, salary, and other terms and conditions of employment. All full-time appointments at the rank of professor, associate professor, assistant professor, and instructor shall be either probationary or tenured.

 

No probationary appointment may be made to a line which is not supported by at least 50% state appropriated funds. Probationary faculty shall not be restricted from seeking outside funding to support their research scholarship/creative activities.

 

[remainder unchanged]

 

9.310 ELIGIBILITY FOR TENURE APPLICATION (old language)

 

A probationary appointee shall be eligible to make an application for tenure:

1. after the appointee has accumulated five (5) years of credit toward tenure, at least three (3) of which have been accumulated at The University of Montana; that is: during the sixth (6) year of credited employment.

2. the applicant must have the appropriate terminal degree for the discipline and unit in which tenure is to be awarded, and

3. the applicant must hold the minimum academic rank of associate professor, except in unusual circumstances.

 

 

9.310 ELIGIBILITY FOR TENURE APPLICATION (new language)

A probationary appointee shall be eligible to make an application for tenure:

1. after the appointee has completed five (5) years of credited service toward tenure, at least three (3) of which have been completed at The University of Montana; that is: during the sixth (6) year of credited employment.

2. the applicant must have the appropriate terminal degree for the discipline and unit in which tenure is to be awarded, and

3. the applicant should hold the minimum academic rank of associate professor, although faculty may apply for tenure and promotion to associate professor simultaneously. If a faculty member seeking promotion to associate professor and tenure simultaneously is not promoted, tenure will be denied as well.  Under no circumstances may tenure be granted to an assistant professor.

[remainder unchanged]

 

10.220 STUDENT EVALUATION COMMITTEE - October 15 (old language)

 

[first paragraph remains unchanged]

 

The committee shall review the teaching and advising effectiveness of the faculty members in the bargaining unit who are in the academic unit for which the student evaluation committee is appointed. The unit shall either use an existing course evaluation form, prepare and use its own course evaluation form, or use the form prepared by the UTU-Administration / Contract Maintenance Committee and shall make all completed course evaluation forms available to the student evaluation committee by September 20. Each faculty member must have at least one course evaluated each semester they teach, and provide the results to the student evaluation committee. The committee shall review course evaluations and may seek or receive relevant evidence from students who have taken courses from or have been advisees of the faculty member being evaluated. The committee shall prepare a written evaluation of the teaching and advising of each faculty member whose performance is reviewed. Each written evaluation shall be signed by the chairperson of the Student Evaluation Committee, the faculty member being evaluated, the department chairperson, and the dean by October 15.

 

10.220 STUDENT EVALUATION COMMITTEE - October 15  (new language)

 

[First paragraph remains unchanged]

 

The committee shall review the teaching and advising effectiveness of the faculty members in the bargaining unit who are in the academic unit for which the student evaluation committee is appointed. The unit shall either use an existing course evaluation form, prepare and use its own course evaluation form, or use the form prepared by the UFA-Administration Committee and shall make all completed course evaluation forms available to the student evaluation committee by September 20. Each faculty member must have at least one course evaluated each semester they teach and provide the results to the student evaluation committee. The committee shall review course evaluations and may seek or receive relevant evidence from students who have taken courses from or have been advisees of the faculty member being evaluated. The committee shall prepare a written evaluation of the teaching and advising of each faculty member whose performance is reviewed. Each written evaluation shall be signed by the chairperson of the Student Evaluation Committee and the faculty member being evaluated by October 15.

 

[remainder unchanged]

 

10.230 FACULTY EVALUATION COMMITTEE - November 15 (old language)

 

By election each unit shall annually establish an evaluation committee of at least three (3) tenured or tenurable (i.e. tenure-track) members of the unit, who shall elect their own chairperson from among their membership. One student observer with all rights, save voting, shall be appointed by the committee chairperson from among the majors and/or graduate students in the unit.

 

To ensure and encourage candid professional assessment of individual faculty member performance, all persons submitting evaluative information at the request of the FEC about faculty members are guaranteed confidentiality of their identities. Any material solicited at this, or subsequent steps, must be made available to the individual being evaluated within five (5) days of its inclusion. The individual is given ten (10) days to prepare a written response, which becomes part of the evaluation record. All subsequent deadlines will be postponed concomitantly.

 

10.230 FACULTY EVALUATION COMMITTEE - November 15  (new language)

 

By election each unit shall annually establish an evaluation committee of at least three (3) members of the unit, three of whom must be tenured or tenurable (i.e. tenure-track).  Only tenured or tenure-track faculty are able to vote on tenure and promotion decisions. The committee members shall elect their own chairperson from among the committee membership.  One student observer with all rights, save voting, shall be appointed by the committee chairperson from among the majors and/or graduate students in the unit.

 

To ensure and encourage candid professional assessment of the individual faculty member performance, materials solicited by the FECfrom non-tenure-track, probationary faculty, and studentswill be guaranteed confidentiality.  With the exception of solicited material from non-tenure-track, probationary faculty, and students, other persons submitting material to the FEC have no expectation of confidentiality and all materials submitted to the FEC will be signed.  Student materials submitted to the SEC will be guaranteed confidentiality. Any material solicited at this, or subsequent steps, must be made available to the individual being evaluated within five (5) days of its inclusion. The individual is given ten (10) days to prepare a written response, which becomes part of the evaluation record. All subsequent deadlines will be postponed concomitantly.

 

[remainder unchanged]

 

10.240 DEPARTMENT CHAIRPERSON'S RECOMMENDATION - December 15 (old language)

 

Based on the approved unit standards, on the CBA, and on consideration of the evidence submitted by the faculty member, the Student Evaluation Committee recommendation, the Faculty Evaluation Committee recommendation, and any additional evidence solicited or received and placed in the evaluation report, the department chairperson shall prepare and sign a written evaluation for each faculty member in the unit which, where appropriate, shall specifically address: (1) retention, (2) salary increment, (3) promotion, and (4) tenure. The chairperson may append a written statement of his/her professional opinion and recommendation regarding any matters which he/she may deem to be relevant to the performance or advancement of the individual evaluated. The faculty member shall be given the opportunity to respond in writing to this professional opinion. The chairperson shall prepare and append a summary list of those the chairperson has recommended for promotion, merit increase, or tenure, respectively. The names on each of the respective lists will ordinarily be ranked in order of priority by the chairperson unless he/she states reasons to the contrary.

 

10.240 DEPARTMENT CHAIRPERSON'S RECOMMENDATION - December 15  (new language)

 

Based on the approved unit standards, on the CBA, and on consideration of the evidence submitted by the faculty member, the Student Evaluation Committee recommendation, the Faculty Evaluation Committee recommendation, and any additional evidence solicited or received and placed in the evaluation report, the department chairperson shall prepare and sign a written evaluation for each faculty member in the unit which, where appropriate, shall specifically address: (1) retention, (2) salary increment, (3) promotion, and (4) tenure. The chairperson may append a written statement of his/her professional opinion and recommendation regarding any matters which he/she may deem to be relevant to the performance or advancement of the individual evaluated. The faculty member shall be given the opportunity to respond in writing to this professional opinion. The chairperson shall prepare and append a summary list of those the chairperson has recommended for promotion, merit increase, or tenure, respectively. The names on the list of recommendations for merit increase will be ranked in order of priority by the chairperson.

 

10.260 DEAN'S EVALUATION AND RECOMMENDATION - February 15 (old language)

 

The dean shall also prepare and forward a summary list of those he/she has recommended for promotion, merit, or tenure, respectively, and the names shall be listed in order of priority by the dean. On or before February 15, deans shall inform the faculty that merit rankings are available and shall provide individual rankings to specific faculty members at the request of the faculty member. Faculty who do not ultimately receive merit awards may appeal the dean's ranking if it can be demonstrated to have been in error based upon the criteria listed in 10.280.

 

10.260 DEAN'S EVALUATION AND RECOMMENDATION - February 15  (new language)

 

[First 3 paragraphs unchanged]

 

The dean shall also prepare and forward a summary list of those he/she has recommended for promotion, merit, or tenure, respectively.  The names of those recommended for merit increase shall be listed in order of priority by the dean. On or before February 15, deans shall inform the faculty that merit rankings are available and shall provide individual rankings to specific faculty members at the request of the faculty member. Faculty who do not ultimately receive merit awards may appeal the dean's ranking if it can be demonstrated to have been in error based upon the criteria listed in 10.280.

 

[remainder unchanged]

           

11.110 ELIGIBILITY  (old language)

 

Any tenured faculty member who has completed six (6) years of satisfactory service at The University of Montana prior to the year for which sabbatical assignment is requested shall be eligible to apply for such assignment. A faculty member starting a sabbatical assignment shall have completed at least twelve (12) semesters or their equivalent of full-time service at The University of Montana since a prior sabbatical assignment. The elapsed academic terms need not be consecutive, but no more than two (2) semesters shall be counted for any one (1) fiscal year. Academic terms for which other types of leave were granted shall be excluded in determining academic terms of service.

 

11.110 ELIGIBILITY (new language)

 

Any tenured faculty member who has completed six (6) years of satisfactory service at The University of Montana prior to the year for which sabbatical assignment is requested shall be eligible to apply for such assignment and must apply for the sabbatical in the academic year prior to beginning the assignment.  The deadline for application (stated in 11.140) applies.

 

[remainder unchanged]

 

11.140 PROCEDURES (old language)

 

Applications for sabbatical assignment shall be made by members of the bargaining unit on forms available from the President's office and shall be submitted to the dean no later than October 30 of the academic year prior to the year in which sabbatical assignment is desired.

 

11.140 PROCEDURES (new language)

 

Applications for sabbatical assignment shall be made by members of the bargaining unit on forms available from the Provosts office and shall be submitted to the dean no later than October 30 of the academic year prior to the year in which sabbatical assignment is desired.

 

[remainder unchanged]

 

13.100 INDIVIDUAL SALARY BASE (old language)

 

The salary base for determining the salary increase for members of the bargaining unit currently employed shall be the unit member's preceding contract amount excluding any extra compensation increments. Upon initial hiring, the salary for the first contract period shall be the salary specified in the initial employment contract. For University employees not currently members of the bargaining unit who subsequently become members, the initial base salary shall be determined according to the contract conversion Section 13.410 of this agreement. In cases where the external funding sources allow, there shall be two types of base salaries: those based on state-appropriated funds and those based on external sources such as research grants and contracts. Individuals may be hired into positions supported through external sources at a rate higher than an appropriated base would support. When such individuals enter into state-appropriated positions the Provost will establish a new base salary. In cases where the state-appropriated position is being held for the first time, the salary base will be not less than the salary floors indicated in Section 13.300. For individuals returning to state-appropriated positions, the salary base will be no less than that of the last state-appropriated position, plus the compensation increases actually awarded to the faculty member and in force for the bargaining unit since the individual last held a state-appropriated position (reflecting percentage increases for normal increases and permanent market adjustments, and fixed dollar amounts for merits and promotions). Those members of the bargaining unit who already have an established individual base salary based upon state-appropriations may be hired into externally funded positions at a base higher than their state appropriated base, but will relinquish that higher base upon conclusion of the grant or contract activity, as outlined above.

 

13.100 INDIVIDUAL SALARY BASE (new language)

 

The salary base for determining the salary increase for members of the bargaining unit currently employed shall be the unit member's preceding contract amount excluding any extra compensation increments. Upon initial hiring, the salary for the first contract period shall be the salary specified in the initial employment contract. For University employees not currently members of the bargaining unit who subsequently become members, the initial base salary shall be determined according to the contract conversion Section 13.410 of this agreement.

 

In cases where the external funding sources allow, there shall be two types of base salaries: those based on state-appropriated funds and those based on external sources such as research grants and contracts. Individuals may be hired into positions supported through external sources at a rate higher than an appropriated base would support. When such individuals enter into state-appropriated positions the Provost will establish a new base salary. In cases where the state-appropriated position is being held for the first time, the salary base will be not less than the salary floors indicated in Section 13.300. For individuals returning to state-appropriated positions, the salary base will be no less than that of the last state-appropriated position, plus the compensation increases actually awarded to the faculty member and in force for the bargaining unit since the individual last held a state-appropriated position (reflecting percentage increases for normal increases and permanent market adjustments, and fixed dollar amounts for merits and promotions). Those members of the bargaining unit who already have an established individual base salary based upon state-appropriations may be hired into externally funded positions at a base higher than their state appropriated base, but will relinquish that higher base upon conclusion of the grant or contract activity, as outlined above.

 

13.220 NORMAL INCREASE  (old language)

 

1999-2000 - The normal increase in salaries of all full-time equivalent faculty for the 1999-2000 academic year shall be 2.075 per cent. This percentage increase will be added to faculty base salary effective October 1, 1999.

 

2000-2001 - The normal increase in salaries of all full-time equivalent faculty for the 2000-2001 academic year shall be 2.075 per cent. This percentage increase will be added to faculty base salary effective October 1, 2000.

 

New hires will not be eligible for the normal increase in the year their employment becomes effective.

 

13.220 NORMAL INCREASE  (new language)

 

2001-2002 - The normal increase in salaries of all full-time equivalent faculty for the 2001-2002 academic year shall be 3.00 percent. This percentage increase will be added to faculty base salary effective November 1, 2001.

 

2002-2003 - The normal increase in salaries of all full-time equivalent faculty for the 2002-2003 academic year shall be 3.00 percent. This percentage increase will be added to faculty base salary effective November 1, 2002

 

New hires will not be eligible for the normal increase in the year their employment becomes effective.

 

13.230 PROMOTION  (old language)

 

1999-2000 -Faculty members promoted during the 1999-2000 academic year to the ranks of assistant professor, associate professor, or professor, consistent with the promotion procedures of this contract, shall have an amount equal to $2,440 added to their base salary effective October 1, 1999.

 

2000-2001 - Faculty members promoted during the 2000-2001 academic year to the ranks of assistant professor, associate professor, or professor, consistent with the promotion procedures of this contract, shall have an amount equal to $2,440 added to their base salary effective October 1, 2000.

 

13.230 PROMOTION

 

2001-2002 -Faculty members promoted during the 2001-2002 academic year to the rank of associate professor, consistent with the promotion procedures of this contract, shall have an amount equal to $2,500 added to their base salary effective November 1, 2001.   Faculty members promoted during the 2001-2002 academic year to the rank of professor, consistent with the promotion procedures of this contract, shall have an amount equal to $5,000 added to their base salary effective November 1, 2001.

 

2002-2003 -  Faculty members promoted during the 2002-2003 academic year to the rank of associate professor, consistent with the promotion procedures of this contract, shall have an amount equal to $2,500 added to their base salary effective November 1, 2002.   Faculty members promoted during the 2002-2003 academic year to the rank of professor, consistent with the promotion procedures of this contract, shall have an amount equal to $5,000 added to their base salary effective November 1, 2002.

 

13.240 MERIT  (old language)

 

The following merit awards pool shall be allocated to compensate outstanding faculty performance. Merit pay shall be in addition to other salary increments provided in this contract. No faculty member may earn a merit in the same year that a promotion is granted. The awarding of merit pay shall be consistent with the unit standards of the faculty evaluation procedures in this contract.

 

Faculty members receiving a merit award during the 1999-2000 or 2000-2001 academic years consistent with the procedures of this contract, shall have an amount equal to $2,168 added to their base salary effective October 1, 1999 or 2000.
  

 

Number of Merits

Value of Merits

1999-2000

83

$2,168

2000-2001

83

$2,168

 

13.240 MERIT   (new language)

 

The following merit awards pool shall be allocated to compensate outstanding faculty performance. Merit pay shall be in addition to other salary increments provided in this contract. No faculty member may earn a merit in the same year that a promotion is granted. The awarding of merit pay shall be consistent with the unit standards of the faculty evaluation procedures in this contract.

 

Faculty members receiving a merit award during the 2001-2002 or 2002-2003 academic years, consistent with the procedures of this contract, shall have an amount equal to $2,253 added to their base salary effective November 1, 2001 or 2002.
  

 

Number of Merits

Value of Merits

2001-2002

74

$2,253

2002-2003

74

$2,253

 

13.250 MARKET ADJUSTMENTS  (old language)

 

For purposes of retention, market adjustments from a pool of $25,000 in 1999-2000 and 2000-2001 are authorized and may be expended at the discretion of the Administration in order to offer additional compensation to tenured and tenure-track faculty who receive offers of employment from other institutions or present compelling evidence of their marketability. Before presenting a case for an adjustment, the chair will seek the endorsement of a majority of the tenured and tenure-track faculty of the petitioner's academic unit.

 

13.250 MARKET ADJUSTMENTS  (new language)

 

Market adjustments are authorized to offer additional compensation to tenured and tenure-track faculty members of the bargaining unit.  The expenditure of such adjustments will occur at the discretion of the administration in accordance with the following conditions:  In cases where faculty receive written offers of employment from other institutions, the chair will seek the endorsement of the tenured and tenure-track faculty in the academic unit before presenting a case for an adjustment.  In cases where faculty do not have an offer of employment but who present compelling evidence of their marketability, the chair will seek the endorsement of the tenured and tenure-track faculty in the academic unit.  Before granting a market adjustment to faculty who do not have an offer of employment from another institution, the UFA-Administration Committee shall be consulted.  A report of market adjustment awards will be provided to the UFA Executive Board each September for the previous fiscal year.

 

13.260 PERMANENT MARKET ADJUSTMENT  (old language)

 

There will be no permanent market adjustments in the 1999-2003 contract.

 

13.260 PERMANENT MARKET ADJUSTMENT   (new language)

 

There will be no permanent market adjustments in the 1999-2003 contract.

 

13.270 INVERSION ADJUSTMENTS  (old language)

 

For the purpose of reducing salary inversion, defined as earning a salary lower than a salary received by a faculty member in the same academic unit with fewer years of service at The University of Montana and a smaller or equal number of merit awards and promotions, inversion adjustments totaling $20,000 in 1999-2000 and $10,000 in 2000-2001 are authorized and may be awarded by the Administration pursuant to the criteria and procedures detailed below. For the purpose of this definition, faculty members at the rank of instructor, assistant professor, associate professor, and full professor shall be deemed to have received zero, one, two, and three promotions respectively, regardless of their rank at the time of initial appointment.

 

The procedure for making application for an inversion adjustment is the procedure for faculty evaluation, 10.200. Faculty may make application for 1999-2000 inversion adjustments in the fall of 1998 and application for 2000-2001 inversion adjustments in the fall of 1999.

 

The criteria for inversion adjustments, that the faculty member making application must address in a document separate from the individual performance record, are:

1. The exact amount of the inversion and the duration of the inversion, with reference to the salaries of other appropriate faculty members in the same academic unit.

2. Evidence that the faculty member making application has met or exceeded the pertinent unit standards with respect to normal performance during the period of the salary inversion.

3. Evidence that the salary inversion was not created by the referenced faculty member's receipt of merit, market, and/or promotion awards.

 

The recommendations of the appropriate Faculty Evaluation Committee, chairperson, and dean shall be provided in a separate statement on the ordinary faculty evaluation forms. When all prior recommendations have been in agreement, a contrary decision by the Provost may constitute grounds for a grievance where it is alleged that the Provost's contrary decision is lacking a rational basis, is the result of personal prejudice, or is made for reasons which are clearly impermissible.

 

No faculty member may receive an inversion adjustment greater than $3,000 in any year, but a faculty member may apply for a separate inversion adjustment for 1999-2000 and for 2000-2001. Applications for inversion adjustments are completely independent of applications for promotions and merit awards. Therefore, a faculty member may make concurrent application for an inversion adjustment, for promotion, or a merit award. The administration retains the discretion to expend any residual money in each year's inversion adjustment pool for market adjustments pursuant to 13.250 after all qualified applications for inversion adjustments have been addressed.

 

Inversion adjustments will be added to the base salary effective October 1, 1999 and October 1, 2000, respectively.

 

Applications for inversion adjustments will be evaluated by the Provost in accord with the Memorandum dated October 12, 1994, signed by Dick Dailey for the UTU and Jim Lopach for the Administration (a copy of which is available in the UTU office).

 

13.270 INVERSION ADJUSTMENTS (new language)

 

There will be no inversion adjustments in the 2002-2003 contract.

 

16.230 COMPENSATION  (old language)

 

The department chairperson carrying out the responsibilities listed above shall be granted a stipend and the release time as designated in Section 13.500.

 

16.230 COMPENSATION (new language)

The department chairperson carrying out the responsibilities listed above shall be granted a stipend and the reassigned time as designated in Section 13.500.

 

16.240 EVALUATION OF DEPARTMENT CHAIRPERSONS  (old language)

 

1. The evaluation of the departmental chairperson as a faculty member will occur in accordance with Section 10.000. Either the unit faculty or the unit chair may initiate the request for promotion, merit or tenure for the unit chair, based on the standards developed by the units, and forwarded to the deans. The procedure for further recommendations and appeal will be the same as that prescribed for other faculty.

2. The administrative performance of departmental chairpersons is subject to review at any time by the Dean. A regular evaluation of the administrative role of each chairperson will occur during the normal faculty evaluation, and be conducted according to the procedures of Section 10.000. The Provost shall develop a schedule for the evaluation of departmental chairpersons. The review will focus on the chairperson's leadership in meeting the goals of the unit and fulfilling the duties outlined in CBA 16.220.

 

16.240 EVALUATION OF DEPARTMENT CHAIRPERSONS  (new language)

 

[first paragraph unchanged]

 

2. The administrative performance of departmental chairpersons is subject to review at any time by the Dean. The results of any such evaluation of the administrative role of each chairperson will be included in the next normal faculty evaluation according to the procedures of Section 10.000. The evaluation will focus on the chairperson's leadership in meeting the goals of the unit and fulfilling the duties outlined in CBA 16.220.

 

19.100 PURPOSE  (old language)

The parties agree that all problems should be resolved, whenever possible, before the filing of a grievance, and they encourage open communication between administrators and members of the bargaining unit so that resorting to the formal grievance procedure will not normally be necessary. The parties further encourage the informal resolution of grievances whenever possible. The purpose of this Article is to promote prompt and efficient procedures for investigating and resolving grievances. These procedures shall be the only means for resolving grievances.

 

19.100 PURPOSE (new language)

 

The parties agree that all problems should be resolved, whenever possible, before the filing of a grievance, and they encourage open communication between administrators and members of the bargaining unit so that resorting to the formal grievance procedure will not normally be necessary. There is an expectation that the parties will meet informally in an attempt to resolve the issue(s) before the filing of a formal grievance.  The faculty member may wish to involve the UFA grievance officer in these attempts.  The purpose of this Article is to promote prompt and efficient procedures for investigating and resolving grievances. These procedures shall be the only means for resolving grievances.

 

19.810 SELECTION OF AN ARBITRATOR (old language)

 

When the UTU submits a timely written notice for arbitration of an unresolved grievance, the UTU and employer shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish a list of seven (7) arbitrators from which the arbitrator shall be selected. Such selection shall be accomplished within (10) working days of receipt of the list, UTU and the employer each striking one (1) name from the list alternately until only one (1) name remains.

 

19.810 SELECTION OF AN ARBITRATOR  (new language)

 

When the UFA submits a timely written notice for arbitration of an unresolved grievance, within ten (10) working days the UFA and administration shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish a list of seven (7) arbitrators from which the arbitrator shall be selected. Such selection shall be accomplished within (10) working days of receipt of the list, UFA and the employer each striking one (1) name from the list alternately until only one (1) name remains.

[remainder remains unchanged]

 

21.100 PURPOSE  (old language)

 

The purpose of this section is to promote the just, prompt and efficient resolution of student complaints concerning academic judgment by members of the bargaining unit or University administrators. Student complaints about employment relations or other campus activities or policies extending beyond the immediate teaching/learning context are subject to other University policies and procedures including but not limited to conduct constituting a violation of the University Conflict of Interest and Scientific Misconduct policies. Student complaints alleging unlawful discrimination not intrinsically related to the academic process should be filed with the University EEO/AA Officer. Any complaint about academic judgment that accompanies alleged non-academic misconduct by a member of the bargaining unit or administrator may be addressed under the procedures of this action. This complaint procedure is intended to be used when specific actions of a faculty member had a specific adverse effect on the academic performance or academic record of a student. Complaints regarding the general quality of a faculty member's teaching are to be addressed through the faculty evaluation process (see 10.000, especially 10.220, regarding the student evaluation committee). The parties agree that problems which might ultimately be a cause of complaint should be resolved wherever possible without resorting to this procedure.

 

21.100 PURPOSE  (new language)

 

The purpose of this section is to promote the just, prompt and efficient resolution of student complaints concerning academic judgment by members of the bargaining unit based upon the criteria in 21.300. Student complaints about employment relations or other campus activities or policies extending beyond the immediate teaching/learning context are subject to other University policies and procedures including but not limited to conduct constituting a violation of the University Conflict of Interest and Scientific Misconduct policies. Student complaints alleging unlawful discrimination not intrinsically related to the academic process should be filed with the University EEO/AA Officer. Any complaint about academic judgment that accompanies alleged non-academic misconduct by a member of the bargaining unit may be addressed under the procedures of this action. This complaint procedure is intended to be used when specific actions of a faculty member had a specific adverse effect on the academic performance or academic record of a student. Complaints regarding the general quality of a faculty member's teaching are to be addressed through the faculty evaluation process (see 10.000, especially 10.220, regarding the student evaluation committee).  The parties shall make every effort to resolve problems that might ultimately become grounds for a complaint whenever possible prior to resorting to this procedure.  NOTE:  All time sequences in this section will exclude weekends and holidays.

 

21.200 RESORTING TO OTHER PROCEDURES (old language)

 

If the student complainant(s) seeks resolution of a complaint in any non-University forum, whether administrative or judicial, the parties to a complaint under this section shall have no obligation to proceed further under the provisions of this section. It is understood, however, that the procedure under this section is the only appropriate University procedure, other than departmental procedures, for a student to dispute a decision solely involving academic assessment by a faculty member or administrator. The student complainant(s) shall exhaust any available departmental procedures, prior to initiating a complaint under this section. The time period for initiating a complaint under 21.500 below shall commence when the student receives a final decision under departmental procedures.

 

21.200 RESORTING TO OTHER PROCEDURES (new language)

 

If the student complainant(s) seeks resolution of a complaint in any non-University forum, whether administrative or judicial, the parties to a complaint under this section shall have no obligation to proceed further under the provisions of this section. It is understood, however, that the procedure under this section is the only appropriate University procedure for a student to dispute a decision solely involving academic assessment by a faculty member based upon the criteria listed in 21.300.

 

21.300 DEFINITION OF COMPLAINT  (old language)

 

The term "complaint" shall mean a claim or allegation by a student who is a real party in interest against members of the bargaining unit or University administrators that:

1. The faculty member(s) significantly failed to carry out their responsibilities as defined in this contract;

2. The University administrator(s) significantly failed to carry out an assigned responsibility or to apply University policy fairly and impartially;

3. and/or The faculty member(s) or other University administrator(s) failed to maintain a responsible, professional relationship with the complainant(s), using the teaching/learning context as a means to extract inappropriate personal advantage or in any other way using professional authority for other than appropriate purposes.

 

21.300 DEFINITION OF COMPLAINT  (new language)

 

The term "complaint" shall mean a claim or allegation by a student who is a real party in interest against members of the bargaining unit that:

1. The faculty member(s) significantly failed to carry out their responsibilities as defined in this contract;

2. and/or the faculty member(s) failed to maintain a responsible, professional relationship with the complainant(s), using the teaching/learning context as a means to extract inappropriate personal advantage or in any other way using professional authority for other than appropriate purposes.

 

21.400 STUDENT RESOLUTION OFFICER (old language)

 

The President of ASUM shall appoint a Student Resolution Officer and an alternate or designee to act in case the Student Resolution Officer fails to act. The Student Resolution Officer or designee may represent any student and/or group of students who have a complaint. At the beginning of each new school year, the President of the University, or his/ her designee, shall schedule a meeting between the ASUM President, the Student Resolution Officer, and a representative of the UTU. The purpose of the meeting is to review the student complaint procedures (including the time lines) pertaining to the Student Complaint procedure, as well as the responsibilities of all parties.

 

21.400 STUDENT RESOLUTION OFFICER  (new language)

 

The President of ASUM shall appoint a Student Resolution Officer and an alternate or designee to act in case the Student Resolution Officer fails to act. The Student Resolution Officer or designee may represent any student and/or group of students who have a complaint. At the beginning of each new school year, the President of the University, or his/ her designee, shall schedule a meeting between the ASUM President, the Student Resolution Officer, and the UFA Student Complaint Officer. The purpose of the meeting is to review the student complaint procedures (including the time lines) pertaining to the Student Complaint procedure, as well as the responsibilities of all parties.

 

21.500 FORMAL COMPLAINT PROCEDURE  (old language)

 

Step 1: Within thirty (30) days after the act or omission which caused the complaint, or following the date that the student knew or reasonably should have known of such an act or omission, the student shall bring the matter to the Student Resolution Officer or designee. The student shall within ten days confer with the person(s) against whom the complaint exists and the student or the Student Resolution Officer must identify this meeting as a Step 1 meeting to the person against whom the complaint exists. Additionally, if, during the course of a discussion with a student who complains about or objects to any feature of the faculty member's academic performance, a faculty member concludes that the student is not satisfied with the explanation offered, the faculty member may identify such a discussion as a Step 1 meeting and so inform the student. Both parties to the complaint should make an effort to resolve the complaint during this meeting. Either party to the complaint may bring a witness to this meeting. Additionally, the Student Resolution Officer (or designee), and/or UTU representative (or designee) may serve as an advocate for their respective parties.

Step 2: If the student feels the matter is unresolved after the Step 1 meeting, and the Student Resolution Officer or designee agrees to proceed with the complaint, the Student Resolution Officer or designee shall within fifty (50) days of the act or omission, request in writing that the immediate supervisor(s) of the faculty member(s) or administrator(s) involved, arrange a Step 2 meeting between the complaining student(s), the faculty member(s) or University administrator(s) involved, the Student Resolution Officer or designee, and the immediate supervisor or his/her designee. The UTU Grievance Officer may also be present at the request of the faculty member(s). The student shall state his/her complaint in writing on the form specified on Article 21.510, and a copy of the completed form shall be given to the faculty member(s) and administrator(s) involved at least five (5) working days prior to the Step 2 meeting. Copies also must be sent to the Provost and to the UTU Grievance Officer. A determined effort will be made to resolve the complaint in the Step 2 meeting.

The request for a Step 2 meeting shall be granted within ten (10) working days after the receipt of the request. Any party to the requested meeting may designate a surrogate. If the requested meeting cannot be arranged within ten (10) working days of the receipt of the request, the complainant(s) may proceed to Step 3.

Step 3: If the Step 2 meeting could not be scheduled within ten (10) working days after the receipt of the request, the Student Resolution Officer may, within sixty-five (65) days of the occurrence of the act or omission, submit a formal written complaint, as specified in Article 21.510, to the Provost requesting a hearing before the appropriate Student Complaint Committee. If a Step 2 meeting occurred and the student(s) and the Student Resolution Officer or designee believe the matter is unresolved, the Student Resolution Officer may, within five (5) working days, submit a formal written complaint, as specified in Article 21.510, to the Provost requesting a hearing before the appropriate Student Complaint Committee. In either of the above cases, the Provost will, upon receipt of the formal written complaint, send a copy to the UTU Grievance Officer. Should the Student Resolution Officer choose not to move to Step 3, the student may elect to file for a Step Three hearing subject to the same filing requirements and deadlines. The student filing the complaint must include the reason(s) the Student Resolution Officer would not proceed with the complaint.

 

Within fifteen (15) working days of filing a request for a Step 3 meeting, the Student Complaint Committee shall hold a hearing for all parties to a complaint, pursuant to procedures to be developed by the Committee in consultation with the University Legal Counsel, ASUM, the Student Resolution Officer, and the UTU Grievance Officer. The purpose of the hearing shall be to determine findings of fact and recommend either dismissal of the complaint, a warning letter, formal reprimand, and/or a specific remedy limited to curing the act or omission for which the complaint was filed. During the course of its deliberation, the Committee shall confer with the parties to the complaint and may confer with other individuals at its discretion. The Committee shall make its decision by majority vote.

 

The decision of the Committee, and minority report, if any, shall be forwarded to the President who may or may not accept the Committee's or the minority's report. The University President shall, within five (5) working days of receipt of the recommendations, either approve them or remand them to the Committee together with his/her objections and a suggested alternative resolution. The Committee shall, within five (5) working days of receipt of the President's suggested alternative resolution, either accept it or forward its own suggestion to the University President. The President may accept or reject the Committee's suggestion. Implementation of a specific remedy rests with the University President, whose decision shall be the final campus disposition of the complaint. The President shall provide the Committee with a rationale for the final disposition, should it differ from that suggested by the Committee.

 

21.500 FORMAL COMPLAINT PROCEDURE  (new language)

 

Step 1:

 

[unchanged from current version]

 

Step 2: If the student feels the matter is unresolved after the Step 1 meeting, and the Student Resolution Officer or designee agrees to proceed with the complaint, the Student Resolution Officer or designee shall within fifty (50) days of the act or omission, schedule a non-binding mediation session which shall be held in some neutral place for the purpose of resolving the matter in lieu of filing a formal complaint and requesting a Step 3 hearing.  Such mediation sessions shall be facilitated by volunteer Law School students or Communication Department students who have successfully completed the mediation phase of their training and have agreed to mediate such disputes for ASUM, supervised by the appropriate faculty member in Law or Communication Studies. This Step 2 mediation session should involve only the student and respondent faculty member.   A determined effort will be made to resolve the complaint in the Step 2 mediation session.

 

If the requested mediation session cannot be arranged within ten (10) working days of the receipt of the request, the complainant(s) may proceed to Step 3.  This deadline may be postponed by mutual consent of the parties.

If either party has compelling reasons why they feel a Step 2 mediation session should not be held, they may request that the Provost schedule a Step 3 hearing.  The Provost will review the request for a Step 3 hearing.

 

Step 3: If the Step 2 mediation session could not be scheduled within ten (10) working days after the receipt of the request, the Student Resolution Officer may, within sixty-five (65) days of the occurrence of the act or omission, submit a formal written complaint, as specified in Article 21.510, to the Provost requesting a hearing before the appropriate Student Complaint Committee. If a Step 2 mediation session occurred and the student(s) and the Student Resolution Officer or designee believe the matter is unresolved, the Student Resolution Officer may, within five (5) working days, submit a formal written complaint, as specified in Article 21.510, to the Provost requesting a hearing before the appropriate Student Complaint Committee. In either of the above cases, the Provost will, upon receipt of the formal written complaint, send a copy to the UFA Student Complaint Officer. Should the Student Resolution Officer choose not to move to Step 3, the student may elect to file for a Step 3 hearing subject to the same filing requirements and deadlines. The student filing the complaint must include the reason(s) the Student Resolution Officer would not proceed with the complaint.

 

Within fifteen (15) working days of filing a request for a Step 3 meeting, the Student Complaint Committee shall hold a hearing for all parties to a complaint, pursuant to procedures to be developed by the Committee in consultation with the University Legal Counsel, ASUM, the Student Resolution Officer, and the UFA Student Complaint Officer. The purpose of the hearing shall be to determine findings of fact and recommend either dismissal of the complaint, a warning letter, formal reprimand, and/or a specific remedy limited to curing the act or omission for which the complaint was filed.   Nothing from the Step 2 mediation session may be used in the Step 3 hearing.  During the course of its deliberation, the Committee shall confer with the parties to the complaint and may confer with other individuals at its discretion. The Committee shall make its decision by majority vote.

 

The decision of the Committee, and minority report, if any, shall be forwarded to the President who may or may not accept the Committee's or the minority's report. The University President shall, within five (5) working days of receipt of the recommendations, either approve them or remand them to the Committee together with his/her objections and a suggested alternative resolution. The Committee shall, within five (5) working days of receipt of the President's suggested alternative resolution, either accept it or forward its own suggestion to the University President. The President may accept or reject the Committee's suggestion. Implementation of a specific remedy rests with the University President, whose decision shall be the final campus disposition of the complaint. The President shall provide the Committee with a rationale for the final disposition, should it differ from that suggested by the Committee.  Upon issuance of the final decision, the President shall send copies to all parties involved.

 

21.510 COMPLAINT FORM  (old language)

 

6. Witnesses:

 

21.510 COMPLAINT FORM (new language)

 

6. Potential Witnesses

 

21.520 EXPEDITED PROCEDURE (old language)

 

A student may elect to use this expedited procedure only to dispute a final course grade for spring semester, dismissal from an academic program, or decision preventing graduation. The Formal Complaint Procedure, described in Article 21.510, shall be modified as follows:

 

The student may proceed without the Student Resolution Officer at Step 2 if the Student Resolution Officer or alternate or designee fails to contact the student complainant within three (3) days, excluding weekends and holidays, of the student's contacting the ASUM Student Resolution Office. A request for a Step 2 meeting shall be labeled prominently as a request for Step 2 under this expedited procedure, and shall include the completed written complaint form. The request for an expedited Step 2 meeting shall be granted by the supervisor within seven (7) days. If the student complainant finds that the immediate supervisor of the faculty member or administrator complained against is not available within seven (7) days, or has failed to respond within seven (7) days, the student may make the request for an expedited Step 2 meeting to any supervisor of the administrator or faculty member that is available. If the supervisor receiving a request for an expedited Step 2 meeting finds that the faculty member or administrator complained against is not available, or fails to respond, the supervisor shall designate another faculty member to represent the absent faculty member, or designate another administrator to represent the absent administrator, in the Step 2 meeting.

 

If the matter is unresolved after the Step 2 meeting, the Student Resolution Officer or student complainant may submit immediately a request to the President of the University to convene the Student Complaint Committee to conduct a hearing and recommend a decision to the President. The Student Complaint Committee shall decide the case within five (5) days after convening, and send its finding of fact and recommendation to the President for the final decision. The President may accept or reject the committee's decision. Implementation of a specific remedy rests with the University President whose decision shall be the final campus disposition of the complaint. The President shall provide the committee with a rationale for the final disposition, should it differ from that recommended by the committee.

 

21.520 EXPEDITED PROCEDURE  (new language)

 

A student may elect to use this expedited procedure only to dispute a final course grade for spring semester, dismissal from an academic program, or decision preventing graduation. The Formal Complaint Procedure, described in Article 21.510, shall be modified as follows:

The student may proceed without the Student Resolution Officer at Step 2 if the Student Resolution Officer or alternate or designee fails to contact the student complainant within three (3) days, excluding weekends and holidays, of the student's contacting the ASUM Student Resolution Office. If the student does not receive a response from the Student Resolution Officer within three (3) days of his/her initial contact, the student shall make a request for use of the expedited procedure in writing, hand-delivered to the ASUM Offices.  The Student Resolution Officer shall immediately upon receipt of the request contact the complaining student and arrange the Step 2 mediation session as soon as possible.  A request for a Step 2 meeting shall be labeled prominently as a request for Step 2 under this expedited procedure.  The request for an expedited Step 2 mediation session shall be granted by the supervisor within seven (7) days. If the student complainant finds that the immediate supervisor of the faculty member complained against is not available within seven (7) days, or has failed to respond within seven (7) days, the student may make the request for an expedited Step 2 mediation session to any supervisor of the faculty member that is available. If the supervisor receiving a request for an expedited Step 2 mediation session finds that the faculty member complained against is not available, or fails to respond, the supervisor shall designate another faculty member to represent the absent faculty member in the Step 2 mediation session.

 

If the matter is unresolved after the Step 2 mediation session, the Student Resolution Officer or student complainant may submit immediately a request to the President of the University to convene the Student Complaint Committee to conduct a hearing and recommend a decision to the President. The Student Complaint Committee shall decide the case within five (5) days after convening, and send its finding of fact and recommendation to the President for the final decision. The President may accept or reject the committee's decision. Implementation of a specific remedy rests with the University President whose decision shall be the final campus disposition of the complaint. The President shall provide the committee with a rationale for the final disposition, should it differ from that recommended by the committee.

 

Letter of Understanding on Academic Equipment and the Library (old language)

 

The funds reserved for faculty computing [$400,000 in FY99] laboratory and instructional equipment [$204,000 in FY99] will remain in the budget for the intended purpose. The UTU and Administration will continue to conduct discussions relevant to these funds in order to provide appropriate hardware, software, and personnel to the campus computing environment. It is recognized that the intent of the quality and access component of the 1993-97 plan was to use part of those funds to create permanent faculty positions as well as to provide for temporary staffing. That portion of the quality and access allocation not used to create permanent faculty positions shall likewise remain in the budget for the intended purpose [$1,016,259 in salary & benefits and $75,000 in operations in FY99]. The funds allocated to the Mansfield Library will continue to be utilized for that intended purpose [$193,825 in FY99]. The Administration will seek to provide access to the Westlaw and Lexis databases to faculty with academic or scholarly need for these resources. Budget constraints may require reconsideration of these allocations in the light of new conditions. If circumstances dictate, the President will consult with the UTU on reallocations prior to taking any direct action.

 

Letter of Understanding on Academic Equipment and the Library  (new language)

 

The funds reserved for faculty computing [$400,000 annually] laboratory and instructional equipment [$204,200 annually] and for the Mansfield Library [$193,825] will remain in the budget annually for their respective intended purposes.  Faculty computing funds shall be allotted in their entirety for the purpose of providing information technology to bargaining unit members.  The replacement process for faculty computers will be managed by the Administration.  Beginning September 2002, an annual report of Faculty Computing and Laboratory and Instructional Equipment allocation expenditures will be supplied to the UFA Executive Board each September for the previous fiscal year.  

 

What has been the Quality and Access pool has been allocated to the Schools and Colleges in their FY00 budgets for creating permanent positions within those units or for other recognized Quality and Access purposes with those units.  A report of these allocations to the various units will be supplied to the UFA Executive Board in September 2001.

 

Letter of  Understanding on UFA Reassignments (3.600)  (new language)

 

The Administration will provide minimal funds to hire temporary faculty to teach necessary reassigned courses, based upon the salary floors and the request of the appropriate dean.  These reassigned courses are understood to be courses which were part of the assignment of UFA officers reassigned under the provisions of Article 3.600.

 

Letter of Understanding on Pre-Budget Discussions (old language)

 

The U.T.U. and the Administration agree to open pre-budget discussions on or before September 15, 1999. Representatives of the Office of the Commissioner of Higher Education will be invited to attend any and all of these sessions. These discussions will be limited to the compensation portion of the contract to be in effect July 1, 2001. The discussions will be held at least once every two weeks until agreement is reached. For the mutual convenience of the parties involved, meetings may alternate between a Helena site and site on The University of Montana campus.

 

Letter of Understanding on Pre-Budget Discussions  (new language)

 

Deleted

 

Letter of Agreement on Compensation  (old language)

 

 

Letter of Agreement on Compensation  (new language)