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Memorandum of Understanding Regarding Bargaining Unit Employees

University of Central Missouri Procedure

Procedure Name:  Memorandum of Understanding Regarding Bargaining Unit Employees

Date Approved:  May 1, 2014

Procedure Category:  Employment 

Date Effective:  May 1, 2014

Policy Authority Board of Governors Policy 1.2.040

Date Last Revised:  

Approval Authority:  University President

Review Cycle:

Responsible Member: Associate Vice President, Human Resources




The following represents understandings between University of Central Missouri, hereinafter called the “University,” and Laborers International Union of North America (LiUNA) Public Service Employees Local Union 1290PE, hereinafter called “the Union”.


The Union recognizes that the primary mission of the University is to promote higher education; that pursuant to Chapter 174, Missouri Revised Statutes, 1959, the University is under the general control and management of its Board of Governors, who possess the full power and authority to adopt all needful rules and regulations for the purpose of fully carrying out its mission as it may deem necessary, within the limitations set forth by the legislature, and that the President of the University is responsible to the Board of Governors and for the proper administration of all personnel which includes those represented by the Union and employed by the University; provided, however, that the administration of the personnel represented by the Union and employed by the University, will be governed, where applicable, by this Memorandum and any further understandings that may be approved by the University Administration and the Board of Governors and ratified by the Union membership, as provided for in Paragraph 3 of Article 1.


Abolished Position:  

A position which has been eliminated from the University for a minimum of one year.

Americans with Disabilities Act (ADA):   

The Americans with Disabilities Act; regulations are issued by the Equal Employment Opportunity Commission (EEOC).

Affirmative Action Office:


At UCM, this office intakes, investigates, and assists in resolving concerns of discrimination and harassment involving age, race, color, religion, sex, national origin, and Vietnam Era veteran and/or disability status; oversees compliance with state and federal employment laws and regulations; and reviews and recommends reasonable accommodations for individuals with documented disabilities.  The office is located in the Administration Building, Room 101; 660-543-4255.

Board of Governors (BOG): 

  This governing board is authorized by the Missouri State Legislature.  UCM’s president reports to the Board of Governors (BOG).  BOG policies apply to all UCM employees, and cannot be superseded by the MOU or any other handbook.
Emergency:   An unexpected or unplanned circumstance that requires immediate attention.
Fair Labor Standards Act (FLSA):  

The federal “wage and hour” law which specifies procedures relating to exempt and non-exempt employees, and payment of overtime, in addition to many other items.  Also referred to as “FLSA.”

Grievance:   A matter of dispute regarding the inappropriate application or violation of the provisions of the Memorandum of Understanding (MOU) that is raised by an employee or the Union, which arises during the term of this MOU



A situation in which an employee refuses a legal order from a supervisor or manager.


A reduction in force caused by financial exigency, reduced work flow, or other such conditions.

Memorandum of Understanding (MOU):   The written document which reflects the results at the completion of the meet and confer discussion, as adopted by the University and ratified by Union membership.

Occupational Group:


Categories of types of jobs performed, e.g., electricians, plumbers, carpenters, grounds personnel, custodians, etc.

Office of Human Resources (HR):


At UCM, HR performs the employment, benefits, classification and compensation, training and development (for general, campus-wide purposes), employee records, and employee relations functions.  HR is located in the Administration Building, Room 101; 660-543-4255.

Regular Full-Time Employees:   Those employees who are not in temporary or probationary status and who are regularly scheduled to work 32 or more hours per week, 12 months per year (or at least 1664 hours in a 12 month period in pay status).  Regular full-time employees are eligible for the University’s benefits package and are covered by the Memorandum of Understanding.
Seniority:   Relative tenure with respect to other full-time employees within the Bargaining Unit as defined in Article 15.

Any individual having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility effectively recommends such action, if in connection with foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgement “[29 u.s.c. 152 (11) (1970)].  At UCM, supervisors have the authority to recommend all of those actions to the Office of Human Resources, in accordance with individual departmental procedures.

Temporary Employees:   

Those employees whose employment is for a specified period of time, typically 90 days or less. Temporary employees are not eligible for the University’s benefits package and are not covered by the Memorandum of Understanding.  “Seasonal” employees are temporary employees who are hired to work during a specific season (e.g., summer).

 Union Steward:    A union member selected by his or her peers to represent employees of the Bargaining Unit.  The Union Steward is a leader, representative, organizer, and communicator working for the best interest of employees.  A steward has the responsibility to speak to management on behalf of employees about grievances, MOU violations, disciplinary actions, and other problems, as they apply to the employees within the Bargaining Unit.  Listed are a few of the things stewards do:  investigate and settle grievances, understand and enforce the MOU, uphold good working conditions, defend workers’ rights, and at all times maintain a

professional attitude.

ARTICLE 1: Recognition

The University recognizes the Union as the exclusive bargaining representative for all regular full-time employees who are employed by the University in the positions listed as Attachment 1 by position title.  Probationary, temporary, part-time, seasonal, supervisory (including forepersons) personnel, and all other University employees are excluded from representation.

Employees who are serving their original probationary period (i.e., 6 months) in positions which are covered by the bargaining unit may become dues-paying members of the Union after 3 months of employment.  Probationary employees may not file grievances under this MOU and are employed at-will.

Recognition will not preclude any employee from bringing matters of personal concern to the attention of appropriate officials of the University in accordance with applicable rules, regulations, or established policies.  Where applicable, this Memorandum and further understandings adopted by the University and Board of Governors and ratified by the Union membership will govern.

ARTICLE 2: Meet & Confer Process

In accordance with Chapter 105 of the Revised Statutes of Missouri, Section 105.520:

“Whenever such proposals are presented by the exclusive bargaining representative [i.e., the Union] to a public body [i.e., the University], the public body or its designated representative or representatives will meet, confer and discuss such proposals relative to salaries and other conditions of employment of the employees of the public body with the labor organization which is the exclusive bargaining representative of its employees in a unit appropriate.  Upon the completion of discussions, the results will be reduced to writing and presented to the appropriate administrative, legislative or other governing body in the form of an ordinance, resolution, bill or other form required for adoption, modification, or rejection.”

ARTICLE 3: Management Rights

The management and direction of the work force includes the right to plan, direct, and control operations; to choose the methods, processes, and materials to be employed; to direct, employ, transfer, demote, suspend, discipline, and/or discharge for just cause; to relieve employees from duties because of lack of work or other legitimate reasons; and to establish and maintain rules and regulations as the University may deem necessary and proper relating to the operation of the University, except as expressly modified or restricted by a specific provision of this Memorandum of Understanding.

ARTICLE 4: Policies Which Apply to Bargaining Unit Employees

Board of Governors’ policies which apply to staff shall apply to bargaining unit employees.  Central’s HR Procedure Manual shall apply to bargaining unit employees, except in the event of a difference between the Procedure Manual and the MOU, in which case the MOU shall apply.  Employees are covered on the effective date of an applicable policy’s implementation or revision.  

In the event the Procedure Manual is changed during the term of this agreement, such that said revision is more favorable than the related provision contained in the MOU. The Union may request meet and confer as to the change and to what extent the Procedure Manual provision should be incorporated into the MOU.  Notation of any Procedure Manual provision incorporated into the MOU pursuant to this provision shall be noted on the University’s website along with the MOU.

ARTICLE 5: Communications

 The Union will have a position on the President’s Cabinet.  The University will create and maintain an account on its Intranet e-mail information system for the Union’s use.  The Union will be granted space on fifteen (15) bulletin boards, or space in close proximity to time clocks, for the purpose of posting bulletins relating to Union business.  The location of the bulletin boards shall be approved by the Director of Human Resources.  A listing will be maintained in the Office of Human Resources.  Postings will be defined as:  (1) notice of time, date, and place of Union meetings; (2) minutes of Union meetings; and (3) Union social events.  Any other postings shall be approved in advance of placement by the Director of Human Resources.

Upon the hiring of a new bargaining unit employee, the Union President will be notified in writing of that employee’s name, job title, assignment, and shift.  At the orientation of new bargaining unit employees, the Office of Human Resources will provide the new employee with an informational Memorandum notifying the employee that he or she is a member of the bargaining unit represented by the Union, that the terms of his or her employment are governed in part by a Memorandum of Understanding between the University and the Union, and that a Union officer or steward will be contacting and providing the employee a copy of the Memorandum of Understanding.  Thereafter, a Union officer or steward will be allowed to contact the new employee during the new employee’s break or lunch-time, or at a time that has been approved by the new employee’s immediate supervisor.  Provision of a copy of the MOU and other Union-related materials at that time shall not be considered a violation of the University’s general no-distribution-of-literature policy.  

ARTICLE 6: Union Membership

The University does not require any employee to become or remain a member of the Union.  Any employee may personally discuss with or present to the administration any problem or suggestion concerning the employee’s job or working conditions.  The University and the Union will not attempt to negotiate changes to the Memorandum of Understanding with anyone except the Meet and Confer Team.

No discrimination of any kind will be committed either in favor of or against any employees because they are or become members, stewards, or officers of the Union or do not become or remain members of such Union. If requested, the Union will be required to represent any Bargaining Unit member regardless of their Union membership status in accordance with the union’s duty of fair representation.

ARTICLE 7: Strikes

 There will be no strike, sympathy strike, stoppage, slowdown, sit-down, refusal to perform work, or other interference with operations, nor will there be any lockouts.

ARTICLE 8: Work Week, Workdays, and Shift Hours


The University’s normal work week for nonexempt employees will begin at 12:00:01 a.m. on Sunday and end at 12:00:00 (midnight) the following Saturday.  Other work weeks can exist for employees depending on the needs of the University, e.g., beginning at 12:00:01 Tuesday and ending at 12:00:00 (midnight) the following Monday.  In accordance with the Fair Labor Standard Act (FLSA), this work week will not be changed for the purpose of avoiding overtime, and any hours worked in excess of 40 during that workweek will be compensated at time and one half.


Employees will be assigned regular workdays within each workweek.  Regular workdays do not need to be consecutive within the workweek.  An employee’s regular workdays may be adjusted temporarily or on an ongoing basis if the employee is given proper notice as indicated below. 

It is the intent of the University to provide employees with 5 consecutive days on duty and 2 consecutive days off duty under normal working conditions; these consecutive days do not need to occur in the same workweek to meet this requirement.

Example #1: Many employee’s regular workdays will be Monday through Friday (5 consecutive days on duty) and they will have Saturday and Sunday off (which will cut across 2 workweeks to provide 2 consecutive days off duty).

Example #2: Some employees may have Monday and Tuesday off (2 consecutive days off duty), then work Wednesday through Sunday (which will cut across 2 workweeks to provide 5 consecutive days on duty).  The employees’ regular workdays within the workweek are Sunday and Wednesday through Saturday.

Work Shifts and Shift Hours

Employees normally will be assigned to a specific shift (i.e., day, evening, or late night).  Exact work hours will be determined by the individual shops or units and will fall within the day, evening, or late night shifts’ hours, according to the shift hours determined by each department.  In some areas, shifts may be assigned on a weekly basis. 

The normal work week generally consists of 40 hours.  Employees generally will work five days with eight hours in pay status each day, including rest periods.  Shift hours are as posted in each department.

Work shifts will be credited to the same day and week in which they begin, with limited exceptions for some areas in which normal shifts vary and unusual schedules are necessary.  Exceptions to when a work shift will be credited will be approved by the Director of Human Resources or designee within the Office of Human Resources.

Employees’ shift hours will be continuous and will not be split within the workday.  Lunch and rest periods will occur within the specified shift hours.

Notification Process for Changing Regular Workdays or Work Shifts

Emergencies:  In cases of emergency, employees’ workdays, work shifts, and/or shift hours can be revised immediately.  An emergency is an unexpected or unplanned circumstance that requires immediate attention.

Inclement weather: Employees’ workdays, work shifts, and/or shift hours are subject to change within the workweek with less than 24 hours notice, if inclement weather conditions prevent the performance of assigned duties or necessitate the performance of additional or alternative duties.  Inclement weather conditions will be determined solely by the University.

Other temporary changes:  Seasonal irregularities, absences due to vacation or sick leave, unexpected scheduling disruptions and special events occurring on campus may require temporary adjustments to employees’ workdays, work shifts, and/or shift hours.  Temporary changes are those which will last fewer than 10 working days.  Employees will be provided with a minimum of 24 hours notice (1 working day) for temporary changes.

Ongoing changes:  Ongoing changes in schedule are those which will last 10 working days or more.  A change in the employee’s regular work schedule (i.e., workdays, work shifts, and/or work hours) will fall into this category.  Employees will be provided with a minimum of 10 working day’s notice before an ongoing schedule change will be implemented.  These changes can be made for any reason, determined solely by the University.

Relief Positions

Relief positions are those which are designed to work various workdays, work shifts, and/or shift hours throughout the week.  Changes in the workdays, work shifts, or work hours for relief positions require no prior notice from the supervisor.


If a supervisor requires an employee to work overtime during the work week, the supervisor may not alter the schedule for the remainder of the work week to avoid the payment of overtime.  If the employee and the supervisor agree, the employee’s work schedule may be adjusted to provide the employee with time off within that same work week.


ARTICLE 9: Work Rules

In addition to established Board of Governors and University policies, a general set of work rules applying to all shops included in the Facilities, Printing Services, Public Safety, Procurement, and the Airport, with specific work rules as may be necessary for individual shops, will be devised by the appropriate supervisory personnel and posted in a prominent place in the shop or work area.

Work rules devised and implemented by any organizational unit or department will not be in conflict with the Memorandum of Understanding, University or Board of Governors policies, and state and/or federal laws, statutes, and regulations.  If a conflict occurs with any of the above, then OSHA will serve as a guideline.

Supervisors will not require employees to use their private vehicles in carrying out assigned duties.

ARTICLE 10: Pay Differentials

Although employees will normally perform work associated as documented in the requirements of their position description, any work that can be done safely can be assigned.  Compensation for temporary assignments to a different position for periods of 30 days or less will be as follows:
  • $1.25/hour for temporary assignments to supervisory positions
  • $0.75/hour for temporary assignments to non supervisory positions

Temporary work assignments must meet the following qualifications:

  • Work assignment is at a higher level classification.
  • Work assignments last 8 or more hours.

Employees who are temporarily assigned by Management to a lower classification will not receive a reduction in pay.  Temporary assignments to a lower classification will be assigned to the employee with the least University seniority that is qualified to perform the work.

Compensation for temporary assignments which are longer than 30 days will be determined by the Office of Human Resources, in compliance with the compensation procedures for the Central Job System (CJS). 

Notice must be provided to the Union in writing by University Management when temporary assignments will exceed 30 days. 

Pay premiums for relief custodians will be $.50 per hour and pay premiums based on shift assignment as of the date of this agreement will remain in effect. 

ARTICLE 11: Work Preservation

The parties agree that in the interest of public health, safety, welfare, and preservation of University property, tasks related to the facilities of the University shall be performed only by qualified FPO outside contractors approved by the procurement department (as defined by job description, professional qualifications, and/or contract assignment) may be utilized. Faculty supervised academic related exercises by students are exempt. Consistent with University practice of engaging students, management may employ student workers. Student workers are to be supervised by supervisors/lead positions and are their responsibility.

ARTICLE 12: Attendance

Punctuality and attendance are essential to the smooth and coordinated functioning of the University.


Tardiness occurs when an employee is one (1) or more minutes late to begin the work day or return from breaks or meal periods.  A habitual pattern of tardiness is defined as more than (1) occurrence in a week, or more than four (4) occurrences in a consecutive four (4) week period.   Such recurrences of tardiness will result in the commencement of progressive discipline.  In addition, any incidence of tardiness which exceeds 7 minutes will be docked from the employee’s pay in 15 minute increments.  When an employee is tardy, the supervisor may require the employee to make up the missed time during the day; however, the incident will still be counted as an occurrence of tardiness even if the employee is permitted to work a complete day (i.e., no time was actually lost by the end of the work day). Except in cases of emergency, employees are required to call in if they anticipate arriving late for work.  Recognizing that it may often be difficult to notify the University of lateness caused by unforeseen circumstances, call-ins for lateness due to emergencies will be required only if the employee expects to be late by one-half hour or more.  Employees must notify their supervisor or the main office of any anticipated reasons that might cause late arrival to work on the following day.

Other Absences

An employee who will be absent from work is required to notify the Facilities Main Office (if applicable) or person specified as the appropriate supervisor, as the employee has been directed by the immediate supervisor, not later than the employee’s scheduled starting time and continue regular contact on a daily basis until able to return to work.  For absences of three days or more due to family or medical reasons, the employee must notify the supervisor and HR of the anticipated duration and estimated return date in compliance with the Family Medical Leave Act (FMLA).  The employee must keep the supervisor and HR aware of any changes in the estimated return date.

Authorized Absences

Notification of an absence does not ensure the absence will be authorized.  Only the supervisor has the authority to approve or not approve an absence; leaving a message for the supervisor is not sufficient.  An absence is authorized when the supervisor signs the Absence Form and indicates the absence has been approved.

ARTICLE 13: Meal Period

Employees will be provided a meal period between the third and sixth hours of their shift, with the specified time and duration designated by the immediate supervisor.  No more than the allotted time may be used for travel and eating.  University vehicles are not to be used to transport employees during the meal period or for the purpose of transporting food or beverages unless this is a specific job requirement.  When a meal period is limited to 30 minutes or a time clock is not immediately available within a reasonable distance, supervisory personnel may waive the requirement of clocking in and out.  Even though employees may have clocked out for the meal period, they must still abide by University policies as long as they remain on University property or in University equipment or vehicles.

ARTICLE 14: Rest Periods

Whenever possible, all employees will be permitted two 15-minute rest periods, to be determined by the immediate supervisor, during the workday.  The rest period begins as soon as the employee stops working, and travel time to and from another location is considered to be part of the rest period.  Travel time related to the current job assignment is not considered to be part of the rest period.

Employees scheduled to work less than a normal, full workday will be permitted, when possible, one 15-minute rest period during any four consecutive hours of work.


The rest period will normally be taken on the job or on campus in an area immediately adjacent to the work site, or at another location as approved by the supervisor.  If it is necessary to provide coverage for the job, the supervisor may require that the rest period be taken at the work station.


University vehicles are not to be used to transport employees during the rest period or for the purpose of transporting food or beverages unless this is a specific job requirement.

ARTICLE 15: Union Business


Union Stewards

Upon approval of this MOU, the Union shall furnish a written list of stewards (not to exceed 8, with one of the stewards being assigned to the evening shift) and officers authorized to act on behalf of the Union to the Director of Human Resources and the directors of FPO, Public Safety, Printing Services, Procurement and Materials Management, and Airport.  The Union will notify these offices/directors in writing within 5 business days of any changes in stewards and/or officers.  Stewards shall conduct themselves in a professional manner while performing in their role as steward.  

Stewards should use no more time than necessary, not to exceed 6 hours per week (8 hours for Chief Steward or his/her designee), to leave their work stations, with their supervisors’ approval, for the purpose of representing bargaining unit employees in meetings with management and formal resolution or informal resolution of complaints and grievances.  Stewards will be compensated at their regular rate of pay.  Stewards will be permitted to leave their work station at the time of the request or as soon as possible thereafter, as long as there is no disruption of the worksite.  The participants shall coordinate any activities for grievance representation or resolution with their respective supervisors to avoid worksite disruption.

Meet and Confer/Labor Management Meeting Representation

The parties agree that up to three (3) employees from the bargaining unit will be identified as members of the Union’s meet and confer team, provided not all three are from the same functional area.  The parties further agree that the actual time these members spend in meet and confer (including travel time to and from the jobsite) shall be considered working time and will be paid at each employee’s regular, straight time rate.

Members of the bargaining unit, representing the Union at labor-management meetings, will be given release time up to two (2) hours per day of the meeting and one-half (1/2) hour for travel at the employee’s straight rate of pay.  Such meetings will be scheduled during normal working hours.  Payment will not be made for any hours beyond the normal working hours.  Employees who choose to participate  labor management meetings, but who are not regularly scheduled to work during the appointed meeting time will not be compensated for attending any meetings.

Union Business

Employees attending Union meetings, Union training, or participating in any other Union activity which takes them off the job will not be paid for such time, except to the extent such time includes break time.  Employees must obtain supervisor approval to alter schedule, meal, or break times to facilitate Union activities.  Union activities held on campus must be held in a location away from the work site.  Employees meeting with management shall utilize the chain of command prior to contacting the University President or any Vice President. 

ARTICLE 16: Abolished Positions and Layoff

The University historically has provided a high degree of job security for its employees; however, when budget conditions, reorganization, or the lack of work results in layoffs and/or the abolishment of positions, provisions must exist for a method of reducing the work force and providing for transfer and/or recall.


Regular full‑time employees will be removed from an abolished position or laid off using reverse classification seniority.


Employees being laid off, or whose positions are being abolished, will be provided a minimum of two weeks notice prior to the effective date of the layoff or abolishment.  Official notice will be from the Office of Human Resources.  During that two-week period, the affected employees will meet with a Representative of Human Resources to update the employees’ employment history, and to determine any and all positions for which the employees will be considered to be eligible.  This information will be retained in the Office of Human Resources and a copy will be given to the employees.  Employees being laid off or separated due to abolishment of their positions will need to go through the exit interview and clearance process.  All University keys, equipment, uniforms, and property need to be returned at that time.

Vacant Positions

Employees removed from their positions due to abolishment or layoff will be given priority applicant status for any vacant positions for a period of one year following separation/layoff.  A list of vacant positions will be maintained in the Office of Human Resources and will be posted on the University’s web site.  Applications must be submitted to the Office of Human Resources within six work days of posting in order to receive priority.  Applications for vacant positions received from separated or laid off employees who are qualified or who can become qualified for the positions within three months will be sent to the hiring manager for review.  If none of the priority applicants are selected, the hiring manager must submit to the Office of Human Resources his or her justification for non-selection of those applicants.  Applications from other individuals will then be forwarded to the hiring manager.  If the transfer is within the same pay grade as the position from which the employee was removed due to abolishment or layoff, the employee will suffer no reduction in pay.


Regular full-time employees may be recalled into the same classification/occupational group and grade of the position within the same organizational unit from which they were laid off.  If it becomes possible to recall laid off employees, the Office of Human Resources will notify the laid off employees by registered mail.  Recall notices will be sent to the employee’s address of record, or to an alternate address provided herein.  If an employee is not going to be at his or her address of record at any time during layoff, the employee may provide the Office of Human Resources with an alternate address for purposes of recall, along the dates on which the alternate address is to be utilized.  Regular full-time employees will be recalled by classification seniority.

A regular full-time employee whose position has been abolished, or who has been laid off and not yet recalled to his or her former position, may be recalled into a lower grade position within the same occupational group with the appropriate reduction in rate of pay, if the employee meets the minimum qualifications for the position.   The employee will be allowed to reject one offer of recall; after the second rejection, the employee’s name will be removed from the recall list and the employee will be considered voluntarily terminated from employment effective the date of the second response.   

An employee who is out of work due to abolishment or layoff, and who has not returned to work through transfer or recall within one year from the date of separation/layoff will be removed from the recall list and be considered permanently separated/laid off.  Such employees will then be treated as external applicants for any future vacancies, and will not retain seniority or any other rights or privileges afforded to employees covered by this Memorandum of Understanding.

Assignment Upon Recall

An employee who is recalled and offered a position in the classification held before the layoff who  declines to return to work will be considered voluntarily terminated from employment effective the date of the negative response.

If an employee is recalled and accepts a position in a lower grade within the same classification as the one from which he/she was laid-off, or accepts another position in another classification, and, subsequently, a position of equal grade within the original classification becomes open within one year from the date of layoff, the employee will be recalled.  The next person on the recall list will be offered the position in the lower grade.  If two or more employees have been laid off from the same classification/grad and accepted positions in lower-grade or other classifications, they will be offered reinstatement to the original classification in seniority order.

Response to Recall Notice

Recall notices will be sent by registered mail to the employee’s address of record, or to an alternate address as provided herein.  If an employee is not going to be at his or her address of record at any time during layoff, the employee may provide the Office of Human Resources with an alternate address for purposes of recall, along with the dates on which the alternate address is to be utilized.  Employees will have five working days from the postmark date of the registered recall letter to contact the Office of Human Resources to either accept or decline the position offered.  The employee must begin the job assignment within ten working days from the postmark date of the registered letter, or he/she will be removed from the recall list.

Fringe Benefits During Layoff

Employees who are laid off will be eligible to continue their single and family group health insurance through COBRA, as required by federal law.  Specific inquiries regarding procedures should be addressed to the Office of Human Resources.  All other benefits will cease effective the date of layoff.  Accrued/earned vacation will be paid to the employee. 

Fringe Benefits After Recall

Employees who are recalled from layoff will have their accrued sick leave, as of the date of layoff, reinstated on the first day they return to work after recall.  Vacation and sick leave accrual rates, as of the date of layoff, will be reinstated on the first day they return to work after recall and will increase on the employee’s anniversary date of the initial date of hire.  Personal leave will be restored when sick leave is reinstated.  Participation in UCM benefits programs involving outside vendors will be based on contractual agreements and federal and state regulations.

ARTICLE 17: Seniority

The term “classification seniority” for full-time employees refers to the length of time the employee has been in his or her particular classification/occupational group and grade, relative to other employees in the same classification/occupational group and grade. 

The term “University seniority” for full-time employees refers to employees’ length of employment with the University, in whatever classification, without a break in service.  Continuity of service is broken if employees voluntarily resign or retire from employment at the University; are discharged for cause; fail to be recalled from layoff within a year from the effective date of layoff; or are absent for a period exceeding 6 months, unless granted leave by the University.  All full-time employees having satisfactorily completed the initial six-month probationary period will have seniority from their initial date of hire. 

Employees who enter into military service will be given a leave of absence in accordance with the law and will accumulate seniority in accordance with the law during the military absence.  Upon termination of military service, employees will be reemployed provided they have an honorable discharge, they are  physically able to do the available work, and they report to work within the amount of time designated by law after the date of such discharge. 

Nothing contained herein will obligate the University to employ or transfer an employee because of seniority if the employee is not qualified to perform the required duties of the position.

ARTICLE 18: Vacation Requests and Scheduling

Employees must receive approval from the immediate supervisor, in writing, prior to use of vacation time, and all vacations will be taken at a time that will not seriously interfere with the efficient operation of any department.  However, when a request for vacation is deemed an emergency by the supervisor and employee the request may be granted immediately.  Length of service with University will prevail in scheduling vacation. 

ARTICLE 19: Sick Leave Procedures


Notification of Illness

An employee who is absent due to personal or family illness shall notify the FPO main office or person specified by the appropriate supervisor no later than the employee’s scheduled starting time. When calling in, the employee will provide information on the anticipated duration of the absence.  The employee will continue daily contact until he or she is able to return to work, unless prior agreement is made between the supervisor and the employee. Calling the designated office or person is the only step required for any employee to notify the University he/she is using sick leave.  If a person does not answer the designated phone number, the employee leaving a message shall be considered sufficient notice. The employee required to identify the leave as sick self, sick family or FMLA when calling in.

Serious health conditions of the employee and/or his/her immediate family may be covered by the Family Medical Leave Act, in which case FMLA verification procedures and protections rather than this Article would apply.  If an employee has a question as to whether FMLA applies, he/she should check with the Office of Human Resources.

Sick leave, whether for personal illness or family illness, shall be deducted from an employee’s accumulated sick leave.

Sick leave must be earned and credited to the employee’s sick leave record before using it.

Employee Sick

Eight days charged to sick leave based on a fiscal year (July 1-June 30) will not be considered abuse of sick leave, nor will an excuse be required when an employee is sick.  Any employee sick days with a physician’s excuse will not be counted against these eight days for the purpose of ensuring sick leave is not being abused. 

Prior to July 1, during implementation year the 8 days of sick self will remain January 1-June 30.Effective July 1, all 8 days of sick self are available.

Verification of Illness

An employee, who has used more than 8 unexcused employee sick days, is required to submit a doctor’s note. If it is determined that employee sick leave is being abused, disciplinary action will be initiated.

Family Sick

Up to 12 days accumulated sick leave may be used per fiscal year for the care of illness or injury in an employee’s immediate family.  For purposes of this policy, immediate family includes parents, spouses, children, siblings, wherever they may live, and persons living in the employee’s immediate household. 

ARTICLE 20: Stand-By, Call-In, Call-Back


The University retains the right to schedule employees for stand-by when it determines there is a need for such duty.  The University retains the sole right to determine the need for, the number of, and the qualifications of employees required for such duty.

Employees on standby will be credited with one hour of straight time for each eight hour standby shift for the inconvenience of having the standby.

Employees on standby who are called in for work will be credited with all of the standby hours of duty, as indicated above, plus credited with all of the hours worked on a call-in with not less than two hours of work for each call-in.

The hours actually worked on standby and subsequent call-ins will be credited toward hours actually worked in a workweek for overtime purposes.  However, an employee will not be paid overtime/premium pay twice for the same hours worked, nor will there be pyramiding of pay for call-in while on stand-by.

The hours credited for work on a call-in while on stand-by will not include travel time to or from home since the minimum pay provision is to allow for the inconvenience and travel time involved.

Employees scheduled for stand-by work will be given as much advanced notice as practical, but not less than three calendar days advance notice, so that the employees may make their personal plans accordingly; however, the University reserves the right to schedule employees for stand-by work with less than three days advance notice, in cases where the University deems it an emergency.

Employees assigned to stand-by will provide the University a telephone number where they can be reached, or will be furnished a beeper or radio by the University prior to the beginning of the employee’s standby shift, provided the employee constantly remains within the range of the beeper or radio.

Failure to comply with the above communication provisions of standby will result in disciplinary action up to and including discharge.


An employee on stand-by who is called in to work on a day when he or she has not been scheduled or who is called back to work after completing his or her work schedule, will be credited with a minimum of two hours work.

An employee called to work before his or her normal shift time and who continues working into his or her regular shift will not be considered to be either called in or called back and will be paid only for all hours worked and overtime, as required.

Each employee is required to report to work when called, unless excused for good and sufficient reason.  Good and sufficient reason will be determined by the University.

Employees called in will be expected to do whatever work is necessary, even though it may not be a part of their regular duties, providing they have the necessary knowledge to perform the work safely and without risk to equipment or operation, which will be the sole judgment of the University.

The hours paid for call-in and call-back will be credited toward hours actually worked in the workweek for overtime purposes.  However, an employee will not be paid overtime/premium pay twice for the same hours worked, nor will there be pyramiding of pay for call-in or call-back time.

All employees subject to call-in/call-back will provide the University, as a condition of employment, a telephone number where they can normally be reached.

ARTICLE 21: Union Dues Deduction

The University agrees to deduct from each paycheck the Union membership dues and supplemental dues check/off from the wages of those employees (as defined in Article 1) as contained in the Memorandum of Understanding.

The Union and the University agree to the establishment and maintenance of a payroll deduction system whereby each bargaining unit employee’s regular initiation fees, readmit fees, assessments, regular dues, supplemental dues and/or working hourly dues, political action committee, or agency fees shall be deducted from the employee’s pay and remitted to the Union Secretary-Treasurer for each pay period and sent to the Union Secretary-Treasurer with in the first 5 days of month.  The Union will provide the University copies of the voluntary written authorizations signed by employees authorizing these deductions.  Each written authorization shall contain the dates for which it will be valid and binding.  The University agrees to honor the effective dates on the authorization and further agrees to cancel withholding only upon a valid revocation of authorization per the term of the authorization card or upon the employee’s separation from employment.  Any employee wishing to terminate his/her authorization will be referred to the Union.

Should employees desire to cease deductions from their wages, they must submit to the Union Secretary-Treasurer written and notarized authorization stating the employee’s desire to cease Union dues withholdings. This authorization must be sent to the Union-Secretary-Treasurer by certified mail, once received by the Union it will be forwarded to the Payroll Office as defined by Attachment 2.

The University will forward monthly to the Union Secretary-Treasurer, the following:

  1. A list of those employees for whom deductions were made, their social security numbers, current hire date, and the amount of each such deduction for each employee.
  1. The total amount of such dues withheld less the $25 monthly cost to the University per deduction type.

ARTICLE 22: Uniforms/Protective Clothing

The University will provide a uniform program consisting of shirts/smocks for all regular full-time employees.  Uniforms (shirts/smocks) furnished to employees are not designed for use outside the workplace and are not to substitute for personal attire when off duty.

To promote a positive company image, employees are expected to maintain neat and clean appearance.  Wearing uniforms while on duty is required except for casual Fridays, emergency call-ins, and other University-wide special dress days as announced.  If any employee identification is required on such days, it will be supplied by the University. 

Specific additional reasonable guidelines (standards) for uniform articles other than shirts/smocks may be established based on job requirements such as public contact or health and safety standards.  These standards will be posted in work areas and Union bulletin boards.  Employees will be given six months notice of additional guidelines before compliance is required. 

Employees will be issued all necessary personal protective equipment and clothing if required by law or deemed necessary for employee safety. 

ARTICLE 23: Overtime

The assignment of overtime will be the sole right of management and will be equally offered among qualified bargaining unit employees within the craft or service and maintenance areas in so far as is practical.  This will not preclude assignment outside of the craft or service and maintenance areas in case of emergencies.

Employees will be offered overtime work on a rotational basis in order of occupational group seniority (highest seniority to lowest).  Employees who decline proffered overtime hours will be placed at the bottom of the rotational list.  If there are no volunteers, employees will be assigned and required to work overtime on a rotational basis in reverse order of occupational group seniority (least seniority to highest).  Employees required to work overtime will be given at least 24 hours notice of such assignment except in the case of an emergency. 

Employees who are assigned to work overtime may decline provided there is another qualified employee available and agreeable to perform the work, and the exchange is approved by the supervisor.

All overtime work will receive prior approval by the employee’s immediate supervisor or other appropriate supervisor who will initial the time card or payroll sheet where the overtime is recorded.  Overtime pay is one-and-one-half times the regular rate.  The regular rate for purposes of calculating overtime is established by the Fair Labor Standard Act.  Overtime earned through the last full workweek of the month will be paid in the month following the month in which the work was performed.  Vacation leave counts as time worked for the purpose of calculating overtime work.  Any other paid leave or compensatory time does not count as time worked for the purpose of calculating overtime work.

ARTICLE 24: Holiday Scheduling

Supervisors of shift workers will designate the starting time and ending time of a holiday.  The holiday must be at least three shifts long.

An employee scheduled to work on any holiday may exchange work with another qualified employee, provided the exchange of work is approved by the immediate supervisor..Employees will be offered holiday work on a rotational basis in order of occupational group seniority (highest seniority to lowest).  Employees who decline a proffered holiday shift will be placed at the bottom of the rotational list.  If there are no volunteers, employees will be assigned and required to work holidays on a rotational basis in reverse order of occupational group seniority (least seniority to highest).  Employees required to work a holiday, will be given at least 10 business days’ notice of such assignment except in the case of an emergency. 

If the employee is scheduled to work on any holiday and fails to report for work, the employee will not be paid for the holiday and will not receive any other compensation.  Furthermore, the employee will be subject to disciplinary action, unless the University is provided a physician’s statement that the employee was too ill to report to work.

ARTICLE 25: Employee Disciplinary Procedures & Progressive Guidelines Table

The University reserves the sole right to determine and to administer reasonable disciplinary action to employees covered under this Memorandum of Understanding for violation(s) of University policies and procedures as well as provisions outlined in this Memorandum of Understanding.  The causes for discipline set forth in this Article are not exhaustive, nor are all progressive discipline steps required for every violation warranting progressive discipline.  Progressive discipline is corrective, not punitive, and should be administered consistent with the circumstances and the severity of the offense.  All discipline will be issued within ten (10) working days of the date of the infraction giving rise to the discipline or if the infraction is not immediately discovered, within (10) working days of when the University knew or should have known of the infraction.  This time frame will be, by mutual agreement of both the Union and the University in writing, be extended use to agreed circumstances and agreed time frame.

All disciplinary action will be administered as privately as possible, with due respect to all persons involved.  With the exception of an informal counseling that is not recorded, an employee will be offered Union representation in all disciplinary actions initiated by any supervisor or department head.  If the employee being disciplined is one of the designated stewards, he or she will have the right to be accompanied by another steward of his or her choosing.

Except for informal counseling, all disciplinary action will be recorded on the Notice of Employee Discipline Form (Attachment 3) and forwarded to the Office of Human Resources (HR).  No discipline will be recorded without the employee’s knowledge of such action. The employee and the Union (when employee has requested representation) will receive a copy of the discipline form from the supervisor when the discipline is administered.

If an employee’s record has been free of reported disciplinary action(s) for a period of eighteen (18) months from the date of the last offense (one year in the case of verbal discipline), the University will not base any current disciplinary action on the earlier disciplinary action(s).  If, however, additional disciplinary action has occurred during that time period, then only the employee’s prior eighteen (18) month record will be considered.

Progressive Discipline Guidelines Table


Progressive discipline will takes the following course, preceded when appropriate by informal counseling; however steps may be repeated.

Explanation of Abbreviations:

VD= Verbal Discipline (with written documentation)

WD= Written Discipline

S = Suspension Without Pay (up to a maximum of three (3) working days)

D = Discharge

Up to D = Up to & Including Discharge

For offenses of “Up to D”, progressive discipline will be utilized as a guideline for the following infractions, although steps may be eliminated or repeated depending upon the circumstances and the severity of the offense.



1st Offense

2nd Offense

3rd Offense

4th Offense


Consumption or possession of alcoholic beverages on University premises; reporting to work while under the influence; un-prescribed use, possession, or sale of a controlled substance on University premises; reporting to work while under the influence of a controlled substance.

Up to D





Willful damage of University property.

Up to D





Theft of property from University or other employees.

Up to D





Absence of three consecutive working days without proper notification.

Up to D





Violating University’s Discrimination/Harassment Policy.

Up to D





Distribution of materials or literature, or solicitation in working areas during working time (except when employees are engaged in non-work-related activities, such as rest periods, meal times, etc.).

Up to D






Up to D





Gambling on University property.

Up to D





Removal of University records or release of confidential information.

Up to D





Unauthorized possession of explosives, firearms, or other dangerous weapons on University property.

Up to D





Forgery, falsification, alteration, misrepresentation, or other misuse of University documents.

Up to D





Punching the time card of another employee.

Up to D





Fighting or other conduct which threatens the health or safety of other persons.

Up to D





Misuse/improper care of University property resulting in damage or loss of such property.

Up to D





Failure to comply with communication provisions of standby duty.

Up to D





Verbal abuse of or profanity directed at or towards students, employees, and/or supervisors; interfering with employees or supervisors in the discharge of their duties; communicating verbally or in writing or by telephone threats to another employee or supervisor with the purpose of frightening or intimidating; provoking or engaging in actions calculated to provoke physical altercations with other employees; striking or attempting to strike another employee.

Up to D





Failure to follow the University’s Key Policy as modified by departmental policy or procedure.

Up to D





Deliberately restricting work output or encouraging another employee to restrict work output.

Up to D





Sleeping on duty.

Up to D






Up to D





Posting or removing notices from restricted bulletin boards without University approval.






Violating University Tobacco Free Policy.






Violation of Attendance Policy (Article 12)






Abuse of sick leave (Article 19)






Infraction of safety rules and equipment operating procedures, including failure to use University assigned protective devices.






Absence from place of duty without authorization from immediate supervisor.






Failure to observe parking and traffic rules on University property and/or failure to pay fines.






Unauthorized use of University services, for example, telephones, copy machines.






Failure to report to work without proper notification.






Failure to follow specified job instructions or written work procedures.






Use of another employee’s personal tools without permission.







Inability or unwillingness to work harmoniously with other employees.






Abuse of break periods or other inappropriate use of time.






Violation of Uniform Policy (Article 22).






Substandard work that must be redone.






Unpaid Status (15 minutes to 3 working days continuous time in unpaid status=An offense).  Example: Four continuous days in unpaid status would equal two offenses.  This offense cannot be used in conjunction with any other offense.  Once an employee’s record had been free of any unpaid status offenses for a period of one year from the date of the last offense, any new unpaid status discipline will start over. Protected absences such as FMLA are not affected by this article.





ARTICLE 26: Job Bidding

This article is intended to define how open positions within FPO Departments can be filled to provide an opportunity for internal candidates to change their work schedules/shift and/or work location within their same job classification.

  1. Open positions will be posted on the Human Resources website and the posting will indicate “preference will be given to internal candidates within the same job classification”. Candidates must complete the UCM online application for employment in order to be considered for an opening.
  1. Internal candidates will be evaluated by Human Resources based on Job Classification Seniority. For example: Custodian, Main Campus-Evenings to Custodian, Main Campus-Days or Electrician I CJS-9 in Projects to Electrician I CJS-9 in Electrical Services.
  1. For an internal applicant to be considered, the following criteria must be met:

- Employee’s most recent Performance Evaluation has a score of “Meets Expectations” or higher.

- Employee has successfully completed the six month probationary period at UCM.

- Employee’s record has been free of any unpaid suspensions for twelve months prior to the job posting date.

- Employee has been in their current position for at least three months before applying for a new position.

  1. If the above criteria are met, the position will be offered to the applicant with the highest classification seniority.

ARTICLE 27: Savings Clause

In the event that any provision of this MOU shall at any time be declared void, invalid, or unenforceable by any court or by government statute, regulation, or decree such decision shall not invalidate the entire Memorandum.  The expressed intention of the parties is that all provisions not affected shall remain in full force and effect. 

ARTICLE 28: Successor and Assigns

 This agreement is binding on the parties hereto, their successors, assigns, contractors, and agents.

ARTICLE 29: Term of Agreement

This agreement shall become effective upon approval by the representatives of the University and Union, and shall remain in effect until replaced by a successor agreement.  On or after January 1, 2016, either party may request in writing that meet and confer sessions begin with the goal of negotiating such a successor agreement.  Parties will confer annually to determine whether any changes are needed in the memorandum of Understanding.

This Memorandum of Understanding shall become effective on the first full pay period following approval of the Union and the University and shall remain in effect through and including January 1, 2016

The entire Agreement shall be automatically renewed from year to year thereafter unless either party notifies the other in writing not less than ninety (90) days prior to the anniversary date that it desires to modify or terminate this agreement. If such notice is given, meet and confer meetings shall begin no later than sixty (60) days prior to the anniversary date.

ARTICLE 30: Modification of Agreement

During the term of this MOU, the parties will meet and confer upon request as to conditions of employment of bargaining unit employees.  Except as provided in Article 4, the contents of the Memorandum of Understanding may only be revised or supplemented through the meet and confer process, with ratification/approval by both the University and Union membership prior to implementation.  All approved modifications of the MOU shall be placed on the University website with the MOU and may be posted on Union bulletin boards without prior approval from the Director of Human Resources. 


In witness whereof, the parties hereto have caused the same to be signed by their duty authorized officers on May 1, 2014. 



_______________________________                                                                ___________________

Charles M Ambrose, President                                                                          Date

University of Central Missouri



_________________________________                                                            ___________________

Laborers’ International Union of North America (LiUNA!)                                          Date

Public Service Employees

Local Union 1290PE

Jeremy Hendrickson

Business Manager/Secretary-Treasurer



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