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

Article 6 : Faculty Rights and Working Conditions

SECTION CONTENTS

6.01 Individual Employment Contracts
6.02 Safe Working Environment
6.03 Workspace & Materials
6.04 Administrative Support
6.05 Family / Breastfeeding Room
6.06 Personnel Files
6.07 Travel Expenses
6.08 Employee Indemnity

6.01 INDIVIDUAL EMPLOYMENT CONTRACTS

Any individual employed in a position within the bargaining unit, or reappointed to a position within the bargaining unit, shall be given an individual contract. The individual contract shall be subject to the terms of this Agreement. In the event of conflict between the terms of an individual employment contract and the terms of this Agreement, the latter shall be controlling.

6.02 SAFE WORKING ENVIRONMENT

The Employer shall provide a place of employment which does not endanger the health or safety of any member of the faculty. Faculty members shall notify the Employer of any safety or health concerns and the Employer shall institute appropriate remedial action.

6.03 WORKSPACE & MATERIALS

The Employer shall provide all non-tenure-track faculty members with enclosed lockable workspace (either shared or private). All tenure-track and tenured faculty members shall have reasonable access to a desk, desk chair, telephone, file cabinet, bookcase, and computer with internet access. In cases of shared workspace, each faculty member will be provided with a lockable file cabinet. Faculty may retain personally owned items or property in their offices at their own risk of loss. The Employer shall provide access to laboratory facilities for faculty members who are required by the University to conduct laboratory-based research.

6.04 ADMINISTRATIVE SUPPORT

Faculty will be provided with access to administrative support services in the performance of their responsibilities.

6.05 FAMILY / BREASTFEEDING ROOM

In accordance with 39-2-215-217, MCA, the University supports women who want to continue breastfeeding after returning from maternity leave.

The University will designate at least one (1) room for breastfeeding / breast pumping on campus, located in Hamilton Hall. The room will be equipped with lockable door, lighting, electricity, a small refrigerator for the storage of breast milk, and convenient access to a sink with running water. This room will remain open for use during the building's operating hours.

The University will designate a 45-minute parking space adjacent to Hamilton Hall, specifically for nursing mothers to use while breastfeeding / breast pumping.

If necessary, faculty will have access to other space suitable for breastfeeding / pumping. The faculty member will inform the department head or supervisor, who shall then be responsible for identifying space suitable for such use in accordance with University policy and state law.

HR/AA/EEO shall be considered as a resource for the supervisor in identifying such suitable alternative space.

6.06 PERSONNEL FILES

Each faculty member shall have one personnel file which shall reside in the office of Human Resources, with the exception that formal reviews (annual, retention, promotion and tenure, post-tenure) shall reside in files kept in the departments. Except for formal reviews that are kept in department files, any information concerning a faculty member that exists outside of the file in the office of Human Resources shall not be construed to belong in the official personnel file of a faculty member. No anonymous material shall be placed in a personnel file. Complaints against the faculty member shall not be placed in the file until an investigation has been completed and the faculty member has been made aware of the investigation, its outcome. Should the complaint be found to have merit, the faculty member may respond in writing to the complaint and the response will be placed in the file. Inclusion of a complaint in the file is subject to the grievance and arbitration provision in this agreement.

Each faculty member's personnel file shall be open to him/her, except for confidential correspondence connected with initial employment, and peer reviews obtained during formal reviews. The opportunity to rebut, comment on, and/or clarify any unfavorable item in the file shall be guaranteed to the faculty member. Such rebuttal, commentary, and/or clarification shall be attached to the relevant item in the file. Copies of any item in his/her personnel file shall be provided to the faculty member upon request at his/her expense.

6.07 TRAVEL EXPENSES

Expenses incurred by faculty for University travel, meals, lodging, and miscellaneous items shall be reimbursed in accordance with Title 2, MCA.

6.08 EMPLOYEE INDEMNITY

Employees covered by this agreement are entitled to indemnification in accordance with the provisions of Section 2-9-305, MCA, for their actions taken within the course and scope of their employment.

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