Chapter 350: Labor Policy / en 350.010 Administrative, Service and Support Staff /ums/rules/collected_rules/personnel/ch350/350.010_administrative_service_and_support_staff <span>350.010 Administrative, Service and Support Staff</span> <span><span>kuscheld</span></span> <span><time datetime="2010-05-27T19:39:28+00:00" title="Thursday, May 27, 2010 - 19:39">Thu, 05/27/2010 - 19:39</time> </span> <div><p>Bd. Min. 3-5-66, p. 31,362; Bd. Min. 5-10-68, p. 33,863; Amended 7-28-20.</p> <ol class="upperalpha"> <li><strong>Labor Policy, a Function of the Board of Curators </strong>-- In view of the fact that the Board of Curators is charged by the Constitution and the laws of the State of Missouri with the responsibility of governing the ¾Ã²ÝÈȾòÝÊÓƵ, appointing, removing and promoting its employees, adding to and reducing the number thereof as needs require, and defining and assigning their powers and duties and fixing their compensation and working conditions, it is the opinion of the Board that this responsibility, under the circumstances, cannot be shared or delegated.</li> <li><strong>Administrative and Clerical Personnel, Labor Policy </strong><br> <ol class="numeric"> <li>Administrative personnel, as well as all clerical personnel, are excluded from those non-academic employees who may be represented by the unions which the Board of Curators has recognized by its resolution dated October 21, 1966, as amended.</li> <li>Administrative personnel, as well as all clerical personnel, are excluded from the check-off provisions of Article III of the resolution dated October 21, 1966, as amended.</li> <li>Although it is recognized that any person has the right to be a member of a labor organization, it is the judgment of the Board of Curators that administrative personnel will be able to best carry out their duties if they do not have divided loyalties or conflict of interests. If such divided loyalties or conflict of interests result in less effective performance than is required of the administrative position, such facts must be taken into consideration in the appraisal of the individual and the individual's&nbsp;work.</li> <li><strong>Definitions</strong> -- In the interest of organizational consistency and clarity the following definitions and policies are adopted for guidance of the administration.<br> <ol class="loweralpha"> <li><strong>Administrative Personnel</strong> is defined to include, but is not limited to: <p> (1) Any individual having authority in the interest of the ¾Ã²ÝÈȾòÝÊÓƵ to recommend hiring, transferring, suspending, laying off, recalling, promoting, discharging, assigning, rewarding or disciplining other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.</p> <p> (2) Any professional employee whose work requires knowledge of an advanced type of a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, or whose work is original and creative in character in a recognized field of artistic endeavor.</p> <p> (3) Employees who have access to confidential information involving the formulation, determination or implementation of administrative policies of the ¾Ã²ÝÈȾòÝÊÓƵ, or who have the responsibility for enforcing laws, rules and regulations to protect the safety of persons or to protect the property of the ¾Ã²ÝÈȾòÝÊÓƵ.</p></li> <li><strong>Clerical personnel</strong> includes, but is not limited to, those employees whose principal duties are concerned with preparing, transcribing, transferring, systematizing, and preserving written communications and records, handling money, selling, sorting and distributing mail, filing and distributing information, typing and similar duties.</li> <li>The criteria set forth above are to be read in the disjunctive and if an individual performs any one of the functions set forth, the individual meets the test of administrative personnel or of clerical personnel.</li> <li>It is a violation of ¾Ã²ÝÈȾòÝÊÓƵ policy for any person to seek to interest administrative or clerical personnel in joining a labor organization during normal working hours, or to harass, intimidate or threaten another person in an effort to interest that person&nbsp;in joining a labor organization, or any other group, club or association.</li> </ol> </li> </ol> </li> </ol> </div> Thu, 27 May 2010 19:39:28 +0000 kuscheld 7560 at 350.020 Labor Union Recognition /ums/rules/collected_rules/personnel/ch350/350.020_labor_union_recognition <span>350.020 Labor Union Recognition</span> <span><span>kuscheld</span></span> <span><time datetime="2010-05-27T19:41:00+00:00" title="Thursday, May 27, 2010 - 19:41">Thu, 05/27/2010 - 19:41</time> </span> <div><p>Bd. Exec. Comm. Min. 2-19-67, p. 2,163; Bd. Exec. Comm. Min. 3-13-67, p. 2173; Bd. Min. 6-29-79, p. 38,001; Amended Bd. Min. 9-7-79; Amended Bd. Min. 7-22-83; Bd. Min. 3-17-87; Bd. Min. 1-29-99; Amended Bd. Min. 5-17-02, Amended Bd. Min. 7-27-07; Amended 7-28-20; Amended 2-4-21.</p> <ol class="upperalpha"> <li><strong>Public Service Employees' Local Union</strong> -- The Board of Curators recognizes Laborers' International Union of North America, Local 955&nbsp;AFL-CIO and International Union of Operating Engineers', Local 148, AFL-CIO as the exclusive bargaining agent to represent certain service and support employees within the ¾Ã²ÝÈȾòÝÊÓƵ for the purpose of discussing general working conditions, employee benefits and services, opportunities for training and grievances with the ¾Ã²ÝÈȾòÝÊÓƵ Administration.<br> <ol class="numeric"> <li><strong>Membership</strong> -- Service and support employees represented by this exclusive bargaining agent are employed by the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri and include regular service and support employees. excluding secretarial and clerical employees, technical and professional employees, student employees, non-regular employees, Campus police and security guards, confidential, managerial, supervisory, and administrative staff and faculty members.</li> </ol> </li> <li><strong>Missouri Nurses' Association</strong> -- The Board of Curators recognizes the Missouri Nurses' Association as a labor organization to exclusively represent certain Registered Nurses within the ¾Ã²ÝÈȾòÝÊÓƵ for the purpose of discussing general working conditions, employee benefits and services, opportunities for training and grievances with the ¾Ã²ÝÈȾòÝÊÓƵ Administration.<br> <ol class="numeric"> <li><strong>Membership</strong> -- Nurses as referred to in this manual are Registered Professional Nurses employed by the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri to perform direct or indirect patient care. Excluded from the Unit are Head Nurses, Assistant Directors, Directors of Nursing Service, and any nurse hired to perform educational faculty duties within the School of Nursing. This definition is meant to comply directly with the determination of the Missouri State Board of Mediation in public case #76-008.</li> </ol> </li> <li><strong>International Brotherhood of Electrical Workers</strong> -- The Board of Curators recognizes the International Brotherhood of Electrical Workers, Local 257, as a labor organization to exclusively represent Broadcast Engineers I, II and III at KOMU-TV for the purpose of discussing general working conditions, employee benefits and services, opportunities for training and grievances with the ¾Ã²ÝÈȾòÝÊÓƵ of Administration.<br> <ol class="numeric"> <li><strong>Membership</strong> -- ¾Ã²ÝÈȾòÝÊÓƵ of Missouri employees represented by the exclusive bargaining agent are regular Broadcast Engineers I, II and III. This definition is meant to comply directly with the determination of the Missouri State Board of Mediation in Public Case #86-113.</li> </ol> </li> <li><strong>The Board desires to make clear </strong><br> <ol class="numeric"> <li>That the Board will not condone any type of attempted coercion, including striking or picketing, and</li> <li>That the Board does not require any employee to become or remain a member of such union, and</li> <li>That any employee may periodically discuss with or present to the administration, and through the administration to this Board any problem or suggestion concerning the employee's job or working conditions; and</li> <li>That no discrimination of any kind will be made, either in favor of or against, any employee because the employee is or becomes a member of Laborers' International Union of North America, Local 955 AFL-CIO and International Union of Operating Engineers', Local 148, AFL-CIO or does not become or remain a member of such unions.</li> <li>That no discrimination of any kind will be made, either in favor of or against, any employee because the employee is or becomes a member of Missouri Nurses' Association or does not become or remain a member of such association. All employees shall have the same privileges and benefits and shall be expected to assume the same responsibilities and abide by the same rules and regulations whether members of the association or not. <p> <strong>NOTE:</strong> The Board will not relinquish any of its legal responsibilities to appoint, remove, and fix the compensation, terms and conditions of employment of its employees.</p></li> <li>That no discrimination of any kind will be made, either in favor of or against, any employee because the employee is or becomes a member of International Brotherhood of Electrical Workers, Local 257, or does not become or remain a member of such union. All employees shall have the same privileges and benefits and shall be expected to assume the same responsibilities and abide by the same rules and regulations whether members of the union or not.</li> </ol> </li> </ol> </div> Thu, 27 May 2010 19:41:00 +0000 kuscheld 7561 at 350.030 Check-Off of Union Dues /ums/rules/collected_rules/personnel/ch350/350.030_check-off_of_union_dues <span>350.030 Check-Off of Union Dues</span> <span><span>kuscheld</span></span> <span><time datetime="2011-03-11T21:21:00+00:00" title="Friday, March 11, 2011 - 21:21">Fri, 03/11/2011 - 21:21</time> </span> <div><p>Bd. Exec. Comm. Min. 2-19-67, p. 2,163; Bd. Exec. Comm. Min. 3-13-67, p. 2173; Amended Bd. Min. 9-7-79; Bd. Min. 3-17-87; Bd. Min. 1-29-99; Amended Bd. Min. 5-17-02; Amended Bd. Min. 7-27-07; Amended 7-28-20; Amended 2-4-21.</p> <ol class="upperalpha"> <li><strong>Missouri Nurses' Association</strong><br> <ol class="numeric"> <li><strong>Non-Academic Personnel</strong>&nbsp;-- The Board of Curators has adopted the following policy relating to check-off of union dues for non-academic personnel of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri.<br> <ol class="loweralpha"> <li>Commencing with the pay period beginning on ______________, authorized non-academic employees of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri represented by the Missouri Nurses' Association who desire to have their regular union dues to such organization withheld from their wages may do so under the following procedure.</li> <li>Any employee desiring to assign and have dues withheld from the employee's&nbsp;wages shall execute a "Request and Authorization for Deduction of Organization Dues," which shall provide, in addition to necessary information, the following wording:<br> (1) "Beginning _______________, I, the undersigned do hereby assign to "Missouri Nurses' Association", and hereby authorize the Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri to deduct from any net wages due to me and pay to said union such sum monthly as shall equal the monthly membership dues as may be from time to time established and certified by said union to the Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri. This assignment and authorization shall remain in full force and effect until the January 1 or July 1 after delivery by me to the Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri of a written revocation."</li> <li>The assignment and deduction of union dues as provided for in Section 350.030 A.1.b. will become effective the first day of the month after the request and authorization is delivered to Human Resource Services, providing it is delivered to Human Resource Services not later than the 25th of the month.</li> <li>Such employees desiring such deduction shall execute the authorization provided for in Section 350.030 A.1.b to be delivered to Human Resource Services on the appropriate campus.</li> </ol> </li> <li><strong>Authorized Deduction</strong>&nbsp;-- The Office of the Vice President for Finance and Administration of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri is hereby authorized, upon the filing of such requests and authorizations, to deduct from any net earnings due and payable to such employee the regular monthly dues as may be certified to the Office of the Vice President for Finance and Administration by the appropriate union. Such deduction shall be made once each month, and the Office of the Vice President for Finance and Administration shall, monthly, forward to the designated official of such union, the following:<br> <ol class="loweralpha"> <li>A copy of any "Request and Authorization for Deduction of Organization Dues" filed as provided with the ¾Ã²ÝÈȾòÝÊÓƵ during the preceding month.</li> <li>A list of only such employees for whom the Office of Vice President for Finance and Administration had made a deduction showing the amount of dues deducted for each such employee.</li> <li>The total amount of such dues withheld, less the monthly cost to the ¾Ã²ÝÈȾòÝÊÓƵ of such dues deductions.</li> <li>A copy of any "Withdrawal of Authorization for Deduction of Organization Dues" notices filed with the Office of the Vice President for Finance and Administration during the preceding month.</li> </ol> </li> <li><strong>Withdrawal of Authorization for Deduction</strong>&nbsp;-- Any employee who has executed and filed with the Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri a "Request and Authorization for Deduction of Organization Dues" as herein above provided may terminate such assignment and revoke such authorization by executing, at the Office provided in Section 350.030 A.2.d above, a "Withdrawal of Authorization for Deduction of Organization Dues" form, which shall, in addition to the necessary identification, contain the following language:<br> &nbsp;&nbsp;&nbsp; "I, the undersigned, do hereby revoke my assignment to, and authorization to deduct dues from my wages for (Missouri Nurses' Association), effective with the first payroll period beginning on or after the first January 1 or July 1 following the date of this revocation."</li> <li><strong>Rules and Regulations</strong>&nbsp;-- The Office of the Vice President for Finance and Administration is hereby authorized to make such rules and regulations as may be necessary or desirable to carry into effect the terms of this resolution.</li> </ol> </li> <li><strong>Service and Maintenance Bargaining Units</strong><br> <ol class="numeric"> <li><strong>Policy</strong>&nbsp;-- Any employee within the recognized bargaining unit desiring to assign and have dues withheld from the employee's&nbsp;wages shall execute a "Request and Authorization for Deduction of Organization Dues", which shall provide, in addition to necessary information, the following wording:<br> &nbsp;&nbsp;&nbsp; "Beginning _______________, I, the undersigned, do hereby assign to (Laborers' International Union of North America, Local 955), or (International Union of Operating Engineers', Local 148), and hereby authorize The Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri to deduct from any net wages due to me and pay to said union such sum monthly as shall equal the monthly membership dues as may be from time to time established and certified by said union to The Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri."<br> &nbsp;&nbsp;&nbsp;"This assignment and authorization shall remain in full force and effect until January 1 after delivery by me to The Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri of a written revocation." <ol class="loweralpha"> <li>The assignment and deduction of union dues as provided for above will become effective the first day of the month after the request and authorization is delivered to Human Resource Services, providing it is delivered to Human Resource Services not later than the 25th of the month.</li> <li>Such employees desiring such deduction shall execute the authorization to be delivered to Human Resource Services on the appropriate campus:</li> <li>Regular employees in classifications within the recognized bargaining unit will be eligible for membership and may choose to authorize check-off of union dues as outlined above. Such membership does not alter any other section, policy or procedure outlined herein and does not make the provisions of this document, unless otherwise stated, applicable to non-regular employees.</li> </ol> </li> <li><strong>Authorized Deduction</strong>&nbsp;-- The Office of the Vice President for Finance and Administration of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri is hereby authorized, upon the filing of such requests and authorizations, to deduct from any net earnings due and payable to such employee the regular monthly dues as may be certified to the Office of the Vice President for Finance and Administration by the appropriate union. Such deduction shall be made once each month, and the Office of the Vice President for Finance and Administration shall, monthly, forward to the designated official of such union, the following:<br> <ol class="loweralpha"> <li>A copy of any "Request and Authorization for Deduction of Organization Dues" filed as provided with the ¾Ã²ÝÈȾòÝÊÓƵ during the preceding month.</li> <li>A list of only such employees for whom the Office of the Vice President for Finance and Administration had made a deduction showing the amount of dues deducted for each such employee.</li> <li>The total amount of such dues withheld, less the monthly cost to the ¾Ã²ÝÈȾòÝÊÓƵ of such dues deductions.</li> <li>A copy of any "Withdrawal of Authorization for Deduction of Organization Dues" notices filed with the Office of the Vice President for Finance and Administration during the preceding month.</li> </ol> </li> <li><strong>Withdrawal of Authorization for Deduction</strong>&nbsp;-- Any employee who has executed and filed with the Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri a "Request and Authorization for Deduction of Organization Dues" as hereinabove provided, may during the period December 1 thru December 31 annually, terminate such assignment and revoke such authorization by executing at the office provided in Section 350.030 B.2.d, a "Withdrawal of Authorization for Deduction of Organization Dues" form, which shall, in addition to the necessary identification, contain the following language:<br> &nbsp;&nbsp;&nbsp; "I, the undersigned, do hereby revoke my assignment to, and authorization to deduct dues from my wages for (Laborers' International Union of North America, Local 955), (International Union of Operating Engineers', Local 148), effective with the first payroll period beginning on or after the first January 1 following the date of this revocation."</li> <li><strong>Rules and Regulations</strong>&nbsp;-- The Office of the Vice President for Finance and Administration is hereby authorized to make such rules and regulations as may be necessary or desirable to carry into effect the terms of this resolution.</li> </ol> </li> <li><strong>International Brotherhood of Electrical Workers</strong><br> <ol class="numeric"> <li><strong>Policy</strong>&nbsp;-- Any employee within the recognized bargaining unit desiring to assign and have dues withheld from the employee's&nbsp;wages shall execute a "Request and Authorization for Deduction of Organization Dues," which shall provide, in addition to necessary information, the following wording:<br> &nbsp;&nbsp;&nbsp; "Beginning ______________, I, the undersigned, do hereby assign to International Brotherhood of Electrical Workers, Local 257, and hereby authorize The Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri to deduct from any net wages due to me and pay to said union such sum monthly as shall equal the monthly membership dues as may be from time to time established and certified by said union to The Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri."<br> &nbsp;&nbsp;&nbsp;"This assignment and authorization shall remain in full force and effect until January 1 after delivery by me to The Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri of a written revocation." <ol class="loweralpha"> <li>The assignment and deduction of union dues as provided for above will become effective the first day of the month after the request and authorization is delivered to Human Resource Services, providing it is delivered to Human Resource Services not later than the 25th of the month.</li> <li>Such employees desiring such deduction shall execute the authorization provided for in 1. to be delivered to Human Resource Services located at Columbia, Missouri.</li> <li>Regular employees in classifications within the recognized bargaining unit will be eligible for membership and may choose to authorize check-off of union dues as outlined above. Such membership does not alter any other section, policy or procedure outlined herein and does not make the provisions of this document, unless otherwise stated, applicable to non-regular employees.</li> </ol> </li> <li><strong>Authorized Deduction</strong>&nbsp;-- The Office of the Vice President for Finance and Administration of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri is hereby authorized, upon the filing of such requests and authorizations, to deduct from any net earnings due and payable to such employee the regular monthly dues as may be certified to the Office of the Vice President for Finance and Administration by International Brotherhood of Electrical Workers, Local 257. Such deduction shall be made once each month, and the Office of the Vice President for Finance and Administration shall, monthly, forward to the designated official of International Brotherhood of Electrical Workers, Local 257, the following:<br> <ol class="loweralpha"> <li>A copy of any "Request and Authorization for Deduction of Organization Dues" filed as provided with the ¾Ã²ÝÈȾòÝÊÓƵ during the preceding month.</li> <li>A list of only such employees for whom the Office of the Vice President for Finance and Administration had made a deduction showing the amount of dues deducted for each such employee.</li> <li>The total amount of such dues withheld, less the monthly cost to the ¾Ã²ÝÈȾòÝÊÓƵ of such dues deductions.</li> <li>A copy of any "Withdrawal of Authorization for Deduction of Organization Dues" notices filed with the Office of the Vice President for Finance and Administration during the preceding month.</li> </ol> </li> <li><strong>Withdrawal of Authorization for Deduction</strong>&nbsp;-- Any employee who has executed and filed with the Curators of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri a "Request and Authorization for Deduction of Organization Dues" as hereinabove provided, may during the period December 1 thru December 31 annually, terminate such assignment and revoke such authorization by executing at the office provided in Section 350.030 1.a "Withdrawal of Authorization for Deduction of Organization Dues"&nbsp; form, which shall, in addition to the necessary identification, contain the following language:<br> &nbsp;&nbsp;&nbsp; "I, the undersigned, do hereby revoke my assignment to, and authorization to deduct dues from my wages for International Brotherhood of Electrical Workers, Local 257, effective with the first payroll period beginning on or after the first January 1 following the date of this revocation."</li> <li><strong>Rules and Regulations</strong> -- The Office of the Vice President for Finance and Administration is hereby authorized to make such rules and regulations as may be necessary or desirable to carry into effect the terms of this resolution.</li> </ol> </li> </ol> </div> Fri, 11 Mar 2011 21:21:00 +0000 kuscheld 7586 at 350.040 Standby, Call-In and Call-Back, UMC /ums/rules/collected_rules/personnel/ch350/350.040_standby_call-in_and_call-back_umc <span>350.040 Standby, Call-In and Call-Back, UMC</span> <span><span>kuscheld</span></span> <span><time datetime="2011-03-11T21:22:00+00:00" title="Friday, March 11, 2011 - 21:22">Fri, 03/11/2011 - 21:22</time> </span> <div><p>Effective July 15, 1968, the following Standby, Call-In, Call-Back Policy will be in effect for Physical Plan Personnel; Amended Bd. Min. 9-7-79. Amended 9-5-08. Amended 2-6-09.&nbsp; Rule rescinded by Board action 6-11-10.</p> </div> Fri, 11 Mar 2011 21:22:00 +0000 kuscheld 7580 at 350.051 Layoff and Transition Assistance /ums/rules/collected_rules/personnel/ch350/350.051_layoff_and_transition_assistance <span>350.051 Layoff and Transition Assistance</span> <span><span>kuscheld</span></span> <span><time datetime="2011-03-11T21:23:00+00:00" title="Friday, March 11, 2011 - 21:23">Fri, 03/11/2011 - 21:23</time> </span> <div><p>Bd. Min. 6-21-18; Amended 11-18-21.</p> <ol class="upperalpha"> <li><strong>Summary</strong>--Conditions may arise that result in the reduction of the university work force, including but not limited to lack of funds, lack of work, or reorganization. This rule addresses principles and benefits involved in layoffs, including eligibility for transition assistance pay, layoff leave of absence and associated benefits. All layoffs are subject to approval by the appropriate campus, hospital or system Office of Human Resources.</li> <li><strong>Definition</strong>--Layoff is defined as the cessation of regular employment due to a reduction in force for a period of one year or more.&nbsp;</li> <li><strong>Eligibility</strong>--To be eligible for layoff leave of absence and transition assistance pay, an employee must fall within the positions described below and must satisfactorily complete all other requirements as identified in this rule. This includes the completion of the required Layoff and Transition Assistance Agreement by the established due date.<br> <ol class="numeric"> <li><strong>Positions Eligible</strong>--The following types of employees may be eligible for layoff leave of absence with associated benefit coverage and transition assistance pay regardless of the funding source of their salaries, unless they are excluded as stated below.<br> <ol class="loweralpha"> <li>Regular Administrative, Service and Support employees who have satisfactorily completed their probationary period; and</li> <li>Employees on full-time academic staff appointments as defined in Section 310.020.A of these Collected Rules and Regulations (including Non-Tenure Track Faculty as defined in Section 310.035 of these Collected Rules and Regulations, full-time unranked non-regular faculty, and other full-time non-regular academic appointments).</li> </ol> </li> <li><strong>Positions Not Eligible</strong>--The following types of employees are not eligible for layoff leave of absence or transition assistance pay. In cases of doubt, the System Chief Human Resources Officer will determine whether an employee falls within categories listed below, after consultation with campus/hospital chief human resources officers and provosts as appropriate.<br> <ol class="loweralpha"> <li>Regular academic staff appointments as defined in Section 310.020.A.1 of these Collected Rules and Regulations (i.e., tenured and tenure-track appointments);</li> <li>Adjunct appointments;</li> <li>Employees who have been given one year or more notice of the ending of their appointment;</li> <li>Benefit-eligible positions in which a principle purpose of the position is the education, training, or learning of the employee, such as fellows, interns, residents, and post-doctoral positions;</li> <li>Non-benefit-eligible positions; and</li> <li>Any other position determined by the System Chief Human Resources Officer not to be eligible because the nature of the appointment is not consistent with the expectation or purposes of layoff benefits.</li> </ol> </li> <li><strong>Other Eligibility Requirements</strong>--<br> <ol class="loweralpha"> <li>To be eligible for a layoff leave of absence and transition assistance pay, eligible employees must submit a completed ¾Ã²ÝÈȾòÝÊÓƵ of Missouri Layoff and Transition Assistance Agreement to the appropriate campus, hospital or system Office of Human Resources within thirty (30) calendar days after written notice of layoff. The content and form of the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri Layoff and Transition Assistance Agreement will be approved by the System Chief Human Resources Office and the Office of the General Counsel.</li> <li>If any of the following circumstances occur prior to or during the layoff leave of absence, the employee no longer will be eligible to receive transition assistance payments or layoff leave of absence and associated benefits coverage.<br> <blockquote><p>(1) Failure to submit completed <em>¾Ã²ÝÈȾòÝÊÓƵ of Missouri Layoff and Transition Assistance Agreement </em>by the established deadline;<br> (2) Failure to perform duties in a satisfactory manner after layoff notification through the effective date of the layoff;<br> (3) Receipt of Long Term Disability (LTD) benefits;<br> (4) Acceptance of a full-time benefit-eligible ¾Ã²ÝÈȾòÝÊÓƵ of Missouri position;<br> (5) Retirement; or<br> (6) Death.</p></blockquote> </li> </ol> </li> </ol> </li> <li><strong>Layoff Leave of Absence, Transition Assistance Pay, and Benefits</strong>--<br> <ol class="numeric"> <li>Layoff Leave of Absence Duration - Upon layoff, an eligible employee will be placed on a layoff leave of absence and provided Transition Assistance for a minimum of four (4) weeks up to a maximum of ten (10) weeks as follows:<br> <ol class="loweralpha"> <li>Eligible employees with less than ten (10) years of continuous regular employment with the ¾Ã²ÝÈȾòÝÊÓƵ immediately prior to layoff, will be placed on a layoff leave of absence for four (4) weeks from the effective date of layoff.</li> <li>Eligible employees with a minimum of ten (10) years of continuous regular employment with the ¾Ã²ÝÈȾòÝÊÓƵ immediately prior to layoff will be placed on a layoff leave of absence of one (1) week for every twenty-four (24) months of continuous benefit-eligible service up to a maximum of ten (10) weeks, or until the point at which the employees transition assistance payments have reach a total of $25,000 under subsection D.2. below, whichever comes first.</li> </ol> </li> <li>Transition Assistance Pay – An eligible employee will receive transition assistance payments in amounts equal to the employee’s regular pay according to the employee’s regular pay schedule. The payments will continue until the maximum number of weeks based on the employee’s length of service is reached (as identified in subsection D.1.), or until the total amount of the payments reach a limit of $25,000, whichever comes first.</li> <li>Continuation of Benefits - During the layoff leave of absence, the eligible employee will be eligible to participate in the ¾Ã²ÝÈȾòÝÊÓƵ's benefit programs (e.g. medical, dental, vision, life, accidental death, and long-term disability) for the duration of the layoff leave of absence (D.1.). The ¾Ã²ÝÈȾòÝÊÓƵ will continue to pay its portion of the benefit premiums during the layoff leave of absence.</li> </ol> </li> <li><strong>Continuous Employment</strong>--For purposes of calculating continuous employment under this rule, an employee who completes a nine-month academic appointment will be considered to have accrued one year of employment. Consecutive nine-month academic appointments will be considered as continuous employment.&nbsp; Additional summer months of employment by an employee on a nine-month academic appointment will not affect calculation of continuous employment under this rule.</li> <li><strong>Seniority</strong>--<br> <ol class="numeric"> <li>For employees on full-time academic staff appointments and regular Administrative, Service and Support employees, other than Service and Maintenance personnel subject to a union agreement, seniority consists of continuous employment in the same department. If relative length of employment among employees is equal, the employee with the greatest length of university employment is the most senior employee.&nbsp;</li> <li>For Service and Maintenance employees subject to a union agreement, see Understanding of Policies, and Seniority.&nbsp; The definition of seniority for service and maintenance employees as outlined in the Understanding of Policies is applicable only if the ¾Ã²ÝÈȾòÝÊÓƵ has a signed agreement with the unions.&nbsp; If no agreement exists, the definition of seniority for regular Administrative, Service and Support employees will apply.</li> <li>All things being equal, job security shall be commensurate with an employee's seniority.&nbsp; If the abilities, skills, training, and other relevant qualifications to fill existing positions are considered equivalent among affected employees, the employee with the longest seniority will be retained and the employee with the shortest seniority will be the first to be laid off.&nbsp; The ¾Ã²ÝÈȾòÝÊÓƵ reserves the right in any given instance, to determine if an employee possesses the relevant qualifications such as ability, training, and skill to fill the position.&nbsp;</li> <li>Seniority accrues from the first day of regular employment. Seniority should not impact employment decisions for regular employees until the completion of the probationary period. Employees laid off retain seniority accumulated to the date of layoff, for a period not to exceed six months.&nbsp; An employee who is laid off retains seniority for a period of six months from the effective date of the layoff but does not continue to accrue seniority during the layoff leave of absence. In the event an employee who is notified of a layoff or who has been laid off transfers to another department, the employee continues to maintain seniority in the department where the layoff occurred for a period of six months from the effective date of the layoff or the transfer, whichever occurs first. During a work-related injury or military leave of absence, an employee continues to accrue seniority.</li> </ol> </li> <li><strong>Recall</strong>--The ¾Ã²ÝÈȾòÝÊÓƵ shall, in its sole discretion, after a reduction in force, determine the occasion and the advisability of recall of part or all of the laid off employees. The ¾Ã²ÝÈȾòÝÊÓƵ shall consider seniority, ability, and qualifications, as well as the nature of the jobs for which the employees will be recalled.</li> <li><strong>Refilling Eliminated Position</strong>--<br> <ol class="numeric"> <li>Positions which are eliminated due to layoff may not be filled for a minimum of one (1) year.</li> <li>If special circumstances occur which create good cause for the position to be filled sooner, approval must be granted by contacting the appropriate campus, hospital or system Office of Human Resources.</li> </ol> </li> <li><strong>Service Credit and Vesting</strong>--The period of leave of absence is excluded in computing length of service under the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri Retirement, Disability, and Death Benefit Plan; however, the leave of absence does not constitute an interruption of service.&nbsp; A layoff leave of absence does not count toward vesting in the ¾Ã²ÝÈȾòÝÊÓƵ of Missouri Retirement, Disability and Death Benefit Plan.&nbsp;The period of leave of absence is included in computing service credit under the Employee Retirement Investment Plan, including for the purposes of vesting.</li> <li><strong>Application in the Event of Discontinuance of Programs or Departments of Instruction</strong>--In the event that an employee is laid off in connection with the discontinuance of a program or a department under Section 320.150 of these Collected Rules and Regulations, the employee will:<br> <ol class="numeric"> <li>Be eligible to receive transition assistance pay if the employee meets all eligibility requirements stated in this rule; and</li> <li>Receive the leave of absence and benefits stated in Section 320.150 and will not receive layoff leave of absence or associated benefit coverage under the terms of this rule, notwithstanding any provision to the contrary.</li> </ol> </li> <li><strong>Effective date</strong>--<br> <ol class="numeric"> <li>The provisions of this rule will apply with respect to layoffs of eligible employees with an effective layoff date of January 2, 2022 or later.</li> </ol> </li> </ol> </div> Fri, 11 Mar 2011 21:23:00 +0000 kuscheld 7619 at