Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
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THIS AGREEMENT effective this ____ day of ___________, 2004 between the
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Board of Regents of the University of Hawai‘i, hereinafter referred to as the
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“EMPLOYER,” and agreed to by the of the Hawai‘i Government Employees
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Association, hereinafter referred to as the “UNION.”
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WITNESSETH:
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WHEREAS, the EMPLOYER has examined the University’s research operations
and support services with the intent to enhance support for research;
WHEREAS, The Collective Bargaining agreement for the period July 1, 2005
through June 30, 2007 and Memorandum of Agreement dated July 15, 2005 between
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the EMPLOYER and UNION set forth the understandings relating to wages, hours,
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working conditions and other matters subject to collective bargaining for all
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Administrative, Professional and Technical (APT) Personnel of the University of Hawai‘i
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in Bargaining Unit 08 (BU 08);
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WHEREAS, positions involved in the conduct of and support services to
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research are included in BU 08 and therefore position incumbents are subject to the
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provisions of the BU 08 Collective Bargaining Agreement and;
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WHEREAS, the authorized representatives of BU 08 have engaged in a dialogue
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with representatives of the EMPLOYER regarding the research operations and
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professional and technical personnel whose work directly support the research and
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training mission of the University.
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NOW, THEREFORE, the EMPLOYER and UNION agree as follows:
062705 Draft MOA
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
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The provisions of the current BU 08 Collective Bargaining Agreement, effective July 1,
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2003, and modified by Memorandum of Agreement dated XXX, XX, 2004 shall apply
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except as modified by this Agreement.
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1.
While reserving all rights of the EMPLOYER as provided for in Section 89-9d, the
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EMPLOYER agrees to hire through the University personnel system positions
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fitting the Institutional or Academic Support Career Group concepts engaged in
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research support operations provided that such positions directly supports the
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research and training mission of the university, except for (a) purposes of
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compliance with extra-mural contracts, grants or funding agency requirements,
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(b) where positions are a direct charge, or (c) in cases of operational necessity
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subject to the EMPLOYER providing prior notice to the UNION of the reason for
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the exception to the general rule.
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a.
The EMPLOYER and UNION agree to jointly develop a listing of current
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RCUH project personnel assigned administrative responsibilities and that
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the parties agree should established be in the University’s human
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resource systems.
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b.
The EMPLOYER and UNION agree to jointly develop monitoring
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procedures that shall not harm current position incumbents while insuring
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that such positions upon vacancy or re-description shall be subject to
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review through the Service Order for RCUH Employee Form (formerly the
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Attachment B) process to determine if the position should be established
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in the University’s human resources system.
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
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2.
Subsections 2, 3 and 4 of this Memorandum of Agreement shall be limited to the
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filling of temporary non-administrative extramurally funded professional and
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technical positions in the Research Support Career Group whose work directly
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supports the research and training mission of the university
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(a)
Upon establishment of a temporary non-administrative extramurally
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funded professional and technical position in the Research Support
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Career Group for which an exception to BOR Policy 5-19c has not been
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sought or has been denied, the EMPLOYER shall provide the UNION
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notice of the posting of a recruitment announcement for a research
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related position. The EMPLOYER shall simultaneously electronically
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forward an announcement to current bargaining unit members in the
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Career Group, Research Support, and to Priority 1 and 2 bargaining unit
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members who have provided the EMPLOYER an email address.
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(b)
Temporary non-administrative extramurally funded professional and
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technical positions in the Research Support Career Group shall be posted
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electronically on a mutually agreed upon website for a minimum period of
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six (6) working days. Each vacancy announcement shall contain the
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following information: research related position designation, position title,
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essential functions, minimum and desirable qualification requirements,
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pay range/band, tentative duration of position, location of the position,
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manner of application, closing date and other information as deemed
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appropriate.
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
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(c)
Bargaining unit members who apply for temporary non-administrative
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extramurally funded professional and technical positions in the Research
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Support Career Group and who are deemed by the EMPLOYER to meet
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minimum qualification requirements shall be interviewed.
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(d)
Selection shall be made from among applicants who meet job related
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qualification requirements and may be made irrespective of the
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employment status or applicant priority preferences. Articles 10 and 10A
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shall not apply.
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(e)
The EMPLOYER may negotiate a salary with the employee or prospective
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employee in accordance with hiring above the designated new hire rate
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procedures.
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(f)
When establishing new temporary research related positions, the
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Employer shall not change the fund source nor reduce the FTE of a filled
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position funded from the general revenues of the State of Hawaii or from
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funds deemed by the University to be assured for an indefinite period of
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time without prior consultation with the Union.
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(g)
The EMPLOYER shall coordinate with the UNION in the development and
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conduct of training sessions for research personnel and principal
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investigators; and the focus of the training shall be on procedures relating
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to specification of essential functions of positions, procedures associated
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with the specification of job related qualification requirements, recruitment
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procedures, EEO/AA compliance requirements, the probationary period
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
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conditions including termination provisions, and special working conditions
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applicable to research support positions.
(h)
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In the event that the employer seeks an exception to Board Policy 5-19
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relating to the establishment of temporary non-administrative extramurally
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funded professional and technical positions whose work directly supports
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the research and training mission of the university through RCUH, the
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union shall be informed of the exception and may file a notice of appeal
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within (2) working days after the date of the electronic notice unless the
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exclusive representative provides notice that for a specific request
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additional time is needed in which case the appeal shall be filed within five
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(5) working days after the date of electronic notice. The employer and
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union shall exchange information regarding the exception and work
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towards resolving any issues. In the event that the issues cannot be
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resolved, the employer may proceed to establish the position either
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through RCUH on a non-exception basis as provided for in Board Policy
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5-19 or through the University human resource systems.
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3.
Upon the approval of a exception to Board Policy 5-19c relating to temporary
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non-administrative extramurally funded professional and technical personnel the
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EMPLOYER shall simultaneously electronically forward a copy of the approved
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Service Order for RCUH Employee Form (formerly the Attachment B) to the
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UNION, to current bargaining unit members in the Career Group, Research
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Support, to other Priority 1 and 2 bargaining unit members who have provided
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
1
the EMPLOYER an email address, and to the Research Corporation of the
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University of Hawai‘i (RCUH).
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(a)
Current bargaining unit members in the Career Group, Research Support
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and other Priority 1 and 2 bargaining unit members may submit an
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application to RCUH.
(b)
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In the event that the services provided by a temporary RCUH position
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continue to be required, normally a position shall be established in the
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University’s human resource system to provide continued services,
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however, an Service Order for RCUH Employee Form (formerly the
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Attachment B) may be submitted prior to, but not later than the end of the
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duration for which the temporary position had been established through
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RCUH.
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4.
As provided for in Article 9, Employment Security, employees shall serve a
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probationary period of three (3) years of continuous service. The employees may
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be terminated without a statement of reason at any time during the probationary
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period by the EMPLOYER upon thirty (30) days’ notice or by non-renewal of their
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appointment, employees so terminated have no reemployment rights as defined
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under Article 10. Any extension or adjustment of the termination date shall be
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subject to mutual agreement between the EMPLOYER and UNION.
In the event that the EMPLOYER terminates an employee, the
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EMPLOYER may, for research integrity purposes make alternative work
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assignments or in lieu of requiring the employee to report to work following
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
1
formal notification of termination, pay the employee in one lump sum, subject to
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the usual and customary deductions, which the employee would otherwise earn
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from the period between notice and effective date of termination. In those
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instances in which a lump sum payment is made by the EMPLOYER, the
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EMPLOYER may adjust the effective date of termination of the employee. Such
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adjustment shall not diminish the amount of the lump sum payment.
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5.
While reserving all rights of the EMPLOYER as provided for in Section 89-9d, the
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EMPLOYER agrees to create a Research Service Support Personnel Officer
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position and may assign support and assistance duties with other positions .
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This position will be to provide support and assistance to investigators in the pre-
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award and post-award of research and training contracts and grants. While
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reserving the EMPLOYER’S right to assign duties and responsibilities and as
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deemed necessary may modify, the personnel officer position’s pre- and post-
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award functions will include but not be limited to:
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(a)
Pre-award functions: assisting investigators by providing human resource
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information, e.g., costs, procedures, etc., for preparing and as appropriate
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inclusion in grant proposals.
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(b)
Post-award functions: facilitating and expediting the creation of research
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support positions in the University systems; monitoring and reporting the
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status of RCUH positions that are subject to a Service Order for RCUH
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Employee Form (formerly the Attachment B) review process; provide
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training to personnel officers, principal investigators and administrators on
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
1
policies, procedures, and electronic processes relating to research
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personnel and otherwise providing information and support to
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investigators and others regarding the administration and management of
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research related human resources.
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6.
In the context of the an identified need for portable retirement benefits with
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minimal vesting requirements for short-term research personnel, the
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EMPLOYER with the UNION shall by December 31, 2005 complete identification
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of issues and formulate recommendations regarding the implementation of a
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defined contribution Pilot Optional Retirement Plan for to research personnel.
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Such plan shall be comply with Internal Revenue Service Code and federal
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granting agency rules.
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7.
The EMPLOYER shall collaborate with the Research Corporation of the
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University of Hawai‘i to inform RCUH employees hired in support of the
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University of the special working conditions and revised University procedures
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applicable to temporary non-administrative extramurally funded professional and
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technical position in the Research Support Career Group. To accommodate the
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transitioning of positions from the RCUH personnel system to University
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personnel system, the EMPLOYER may establish positions in the University’s
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personnel system and shall recruit in accordance with applicable agreements
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and procedures.
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
1
8.
To the extent the terms of this Agreement are inconsistent with the terms of the
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BU 08 Collective Bargaining Agreement, the terms of this Agreement shall
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prevail.
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9.
This Agreement may only be modified upon mutual written agreement.
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10.
This Agreement shall be effective on the date first written above and shall remain
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in effect to and including June 30, 2007 provided that the parties may in writing
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mutually agree to extend this agreement.
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IN WITNESS WHEREOF, the EMPLOYER and UNION have signed this
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Agreement on the day and year first above written.
OFFICE OF THE GOVERNOR
By:___________________________
Ken Taira
Chief Negotiator
On Behalf of the
Governor
HAWAI‘I GOVERNMENT EMPLOYEES
ASSOCIATION
AFSCME, LOCAL 152, AFL-CIO
______________________________
Russell Okata
Executive Director
Hawai‘i Government Employees Association
BOARD OF REGENTS
By:___________________________
Member
Board of Regents
______________________________
Walter Niemczura
President, BU 08
BOARD OF REGENTS
By:___________________________
Member
Board of Regents
______________________________
Lei Desha
Field Services Supervisor
By:___________________________
David McClain
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Proposed
MEMORANDUM OF AGREEMENT
(Temporary Non-Administrative Extramurally Funded Research Personnel)
August 8, 2005
1
2
Interim President
University of Hawai‘i
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