Montana State University
Office of the Provost > Collective Bargaining Agreement > Non Tenure Track Faculty

Article 3 : Union Rights

SECTION CONTENTS

3.01 Recognition
3.02 Duty Of Fair Representation And Representation Fee
3.03 Professional Dues And Fees/payroll Deductions
3.04 Information And Data
3.05 Meeting Rooms And Communication Facilities
3.06 Addressing The Board Of Regents
3.07 Release Time

3.01 RECOGNITION

The Board of Regents recognizes the AFMSU as the exclusive bargaining representative for all persons in the bargaining unit of non-tenure-track faculty positions as certified by the Board of Personnel Appeals in Unit Determination No.16-2008 on April 23, 2009.

The parties recognize that any disagreement over positions to be included in, or excluded from, the bargaining unit may be resolved through negotiation or through the unit clarification process of the Montana Board of Personnel Appeals.

3.02 DUTY OF FAIR REPRESENTATION AND REPRESENTATION FEE

AFMSU, as exclusive representative of all employees described in Section 3.01 will represent all such persons fairly whether members or not. No employee shall be required to join AFMSU, but membership in AFMSU shall be made available to all who apply, consistent with AFMSU constitution, bylaws, and policies.

  1. Beginning in AY 2012-2013, the amount of the representation fee shall be determined by an independent audit annually conducted of the MEA-MFT and NEA/AFT/AFL-CIO and in no case will the representation fee exceed the annual membership dues.
  2. The representation fee shall be forwarded to MSU annually on or before September 1. The University shall deduct the fee from non-members and transmit the monies to AFMSU in the same manner specified in the collection of dues article. If the University offers individual contracts, the individual contract shall contain an authorization for payroll deduction of the representation fee by non-members.
  3. Any dispute concerning the amount, the method of determining the amount or of notifying non-members of the representation fee shall be solely between the affected bargaining unit member and AFMSU. AFMSU will provide an internal review procedure wherein nonmembers may challenge the determination of the fee for AFMSU services in representing members of the bargaining unit in the process of negotiating and administering the collective bargaining agreement. Disputes concerning the representation fee assessed to such nonmembers cannot be processed through the grievance procedure provided for under this Agreement.
  4. Except as provided above, the University will require of each nonmember payment of the representation fee and the fee shall be specified as a condition of employment noted in the individual's employment contract. The fee shall cover the services of AFMSU in discharging its obligation to represent members of the bargaining unit in the process of negotiating and administering the collective bargaining agreement, or other obligatory employment relations representation responsibilities by law.

The Union agrees to defend and hold the University harmless from any claim or suit filed by an employee arising from the University's compliance with this provision.

3.03 PROFESSIONAL DUES AND FEES/PAYROLL DEDUCTIONS

The University shall deduct, in equal installments for the duration of the contract, as elected by the employee such monies for annual unified membership dues (as certified by the secretary of the exclusive representative), and shall deliver the dues to the treasurer of the exclusive representative within ten (10) days of the monthly payroll. Deductions for new employees, who submit their membership forms to the University, shall be prorated in equal payments.

No later than September 1 annually, AFMSU will notify the University in writing, of all employees authorizing the University to deduct annual membership dues and the amount of the dues to be deducted. The University shall deduct and transmit the dues (identifying the individual by name and dues deduction amount) to MEA-MFT Treasurer or its designee. Transmittal must occur on or before the last day of each month.

3.04 INFORMATION AND DATA

The Parties shall comply with their statutory duty to furnish information necessary for collective bargaining, including data and financial information relevant to negotiating or enforcing the collective bargaining agreement. Voluminous information shall be made available for inspection where it is normally kept or, upon request, shall be provided to the other party at cost.

By October 1, the Employer will provide the AFMSU a list of non-tenure-track faculty members in the collective bargaining unit. The parties understand that the data has not been checked for accuracy and may not be the final roster of non-tenure-track faculty members in the unit. The report will typically identify faculty members by name, rank, department, and salary. Upon request, the Administration shall provide supplemental information regarding tenure status (e.g., tenured or tenure-track) and FTE (full-time-equivalent) status.

3.05 MEETING ROOMS AND COMMUNICATION FACILITIES

AFMSU may meet in University facilities provided that it follows the same procedures for scheduling meetings and reserving facilities as other campus organizations.

The Employer's information technology systems (including telephones, computers, email, and Internet) are the property of the Employer and their use is subject to Board of Regents Information Technology Policy Section 1300 (http://mus.edu/borpol/bor1300/bor1300.asp) and the University information technology policies (http://www2.montana.edu/policy/).

The Employer agrees to allow employees reasonable use of telephones, email, and campus mail and bulletin boards for union-related communications, and the Union agrees that misuse of the Employer's computing or information resources may result in disciplinary action appropriate to the misuse and subject to just cause.

3.06 ADDRESSING THE BOARD OF REGENTS

Officers of the AFMSU shall have the right to address the Board on relevant topics. The AFMSU shall provide advance notice of the topic to the University Administration and to the Commissioner.

Officers of the AFMSU who exercise this right are responsible for alternative arrangements to provide class coverage during the faculty member's attendance at the Board of Regents meeting.

Full and timely access to the Board of Regents agenda and approved minutes exists at http://mus.edu/board/default.asp.

3.07 RELEASE TIME

Upon approval by the University administration, the AFMSU President of the NTT faculty bargaining unit may request release from teaching one three credit course per semester with no reduction in pay to work on union matters. The University administration will grant this reassignment if the course release will not adversely affect the department and students. If the AFMSU President is unable to take release time, another officer may request release time in lieu of the AFMSU President.

The AFMSU President will submit to the Provost the request for the following academic year by May 15th of each year. The AFMSU and University administration will provide funds necessary to hire temporary faculty to teach the reassigned courses. The funding will be based upon the cost of replacement and will be one-half from AFMSU and one-half from the Administration.

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