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1997-1999 MSUAASF Master Agreement
ARTICLE 10
APPOINTMENTS
Section A. Appointments. There shall be the following types of ASF Member appointments:
Subd. 1. Fixed-Term. A fixed-term appointment is an appointment for a limited period of time. A fixed-term appointment terminates at the end of the appointment period and does not imply that any future employment will be offered.
(a) Fixed-term appointments may be used to fill vacancies created by leaves of absence, to fill positions when the President determines that normal recruitment and selection procedures cannot be implemented due to time constraints (an emergency fill), to meet peak work demands, or for special projects.
(b) Normally, a fixed-term appointment shall not exceed twelve (12) months in duration. However, the President may extend such an appointment to a maximum of twelve (12) additional months when such action is deemed to be in the best interest of the university.
(c) If the position is being used to fill a leave of absence which has been extended pursuant to Article 19, Section A, Subd. 2, a fixed-term appointment may extend beyond twenty-four months, but shall be limited by the length of the leave granted.
(d) If there is a need to terminate the appointment prior to the appointment end date, the ASF member will be given 45 calendar days notice of such termination.
Subd. 2. Externally Funded. An externally funded appointment is an appointment made to a position financed by monies from a source of funding external to the institution which may terminate such funding in a manner beyond the control of the Employer. Such appointments are not subject to the two (2)-year limitation in Subd. 1.
Positions filled by an externally funded appointment do not become probationary when a portion of the funding is supplied from state money or state generated revenue. An externally funded appointment terminates when the external funding ceases, unless the university determines to continue the position when external funding ceases. An externally funded appointment does not imply that any future employment will be offered.
Any ASF Member hired on probationary status shall not be involuntarily changed to externally funded status if some portion of the funding of that position is shifted to monies from a funding source external to the institution which may terminate such funding in a manner beyond the control of the university Employer.
Any ASF Member with an externally funded appointment with five years or less of service may be non-renewed at the end of his/her appointment. Such non-renewal shall not require just cause. The decision of the president to non-renew an externally funded ASF Member shall not be subject to the arbitration step of the grievance procedure. Any ASF Member hired on an externally funded appointment who subsequently becomes fully funded by state appropriated monies in the same position shall be converted to a fixed term or a probationary appointment. Within any particular department, program, or service area, which includes positions so funded, the least senior ASF Member or ASF Members other than the Director shall occupy the externally funded positions. The probationary period for ASF Member(s) moved from externally funded positions as a result of this subdivision shall be governed by Subd. 3c.
Notwithstanding the provisions of Article 22, ASF members with externally funded appointments with more than five years of service shall receive written notice of layoff four months in advance of termination. For purposes of this paragraph, a layoff shall not include the elimination of externally funded positions due to cessation or reduction of external funding. Any ASF Member with an externally funded appointment shall be subject to discipline only in accordance with the Ajust cause@ provisions set forth in Article 23, Section A.
Subd. 3. Probationary.
(a) Definition. A probationary appointment means that the individual holding such an appointment is being evaluated for purposes of determining whether or not he/she will be offered an appointment with permanent status.
(b) Length. The total period of probationary service, prior to the acquisition of permanent status, shall be five (5) years of continuous service. For purposes of this Article, an appointment of at least one-half time (.5) for nine (9) to twelve (12) months shall be considered to be a year of service. AAppointment Year@ under Subdivision 3 is deemed to be the period of employment between July 1 and June 30 annually. For purposes of this Article, "continuous service" shall commence on the first duty day an ASF Member begins employment service with a state university and shall be interrupted only by separation because of resignation or dismissal.
(c) Computation. The probationary period shall include all probationary service in a position within the bargaining unit within the ASF Member's particular university. However, in the event that an ASF Member is on a fixed-term or externally funded appointment, and is reassigned to a probationary position within the bargaining unit, the ASF Member involved shall receive one (1) year of credit toward permanent status for each year of service up to a maximum of four (4), but in such case shall serve a minimum of one (1) year probationary status in that position. Notwithstanding the above, prior service in the classified service or in externally funded positions, if such service is in the ASF Member's current position, shall be counted toward completing the probationary period up to a maximum of four (4) years.
ASF Members who have been assigned to a different position within the bargaining unit after they have attained permanent status shall serve a probationary period of one (1) year in the new position. Probationary ASF members who are assigned to a different position within the bargaining unit shall complete their probationary period in the new position or serve a one (1) year probationary period, whichever is greater. If an ASF member does not successfully complete this probationary period, he/she shall be returned to his/her immediately preceding status, without access to the grievance procedure.
(d) Dismissal. Dismissal shall only be for just cause.
(e) Non-Renewal. A probationary ASF Member may be non-renewed at the end of his/her appointment year. Such a non-renewal shall not require just cause. Non-renewal prior to the completion of the probationary period shall require a three (3) month written notice by April 1 to be effective on June 30 for ASF Members in the first year of probation. If the ASF Member's first appointment year is less than nine (9) months, written notice of non-renewal shall be given by May 31 to be effective on June 30. If notice of non-renewal is given during the second, third and fourth year of appointment, written notice shall be given by December 31 to be effective on June 30. A probationary ASF Member who is not to receive an appointment with permanent status after completing the probationary period, shall receive written notice by June 30 to be effective the following June 30. Nothing contained herein modifies the computation of service applied to probation under (b) and (c) above. The decision of the President to non-renew a probationary ASF Member shall not be subject to the arbitration step of the grievance procedure.
(f) Evaluation. Probationary ASF Members shall be provided an annual, written performance evaluation based on job performance as established by each campus. Job performance deficiencies noted in this evaluation are to be addressed in a plan for performance improvement developed by the ASF Member and supervisor.
Subd. 4. Permanent Status. An appointment with permanent status is an appointment granted by the Employer upon successful completion of the probationary period specified in Subd. 3 above. Appointments with permanent status are for an indefinite time period and individuals holding such appointments continue in employment status within the university, but not in any particular position, unless terminated under the provisions of either Article 23, Dismissal, Suspension, and Disciplinary Demotion, or Article 22, Layoff.
Section B. Current ASF Members. ASF Members whose initial appointment with a university in a position in the bargaining unit commenced prior to March 5, 1976, shall be subject to the following provisions:
Subd. 1. ASF Members Automatically Granted Permanent Status. Any ASF Member who has been granted administrative tenure either prior or subsequently to June 30, 1971, under Minnesota State University Board Rules and Regulations in effect prior to June 30, 1971, shall automatically be granted permanent status within the university but not in any particular administrative position. ASF Members who have earned tenure in an academic program shall automatically be granted permanent status as defined in Subd. 4 above.
Subd. 2. ASF Members With Academic Tenure. ASF Members who have earned tenure in an academic program shall retain their tenure in that program and in their highest academic rank and not in any administrative position. An ASF Member may elect to return to a position in that academic program in which he/she holds tenure if said ASF Member is eligible to claim a position pursuant to the contract provisions of the Agreement covering ASF Members in that academic program. If, however, such reassignment requires the termination of an ASF Member in the academic program who has less seniority, the effective date of the ASF Member's reassignment shall be deferred until a vacancy exists or until the end of the next subsequent academic year, whichever is earlier. In the interim period prior to reassignment, the Employer may assign the ASF Member to another administrative position at the university at a comparable salary level. An ASF Member who has earned or earns tenure may also hold permanent status under the provisions of this Article.
Section C. Notification of Appointment. Each ASF member will be notified in writing at the beginning of each fiscal year of his/her salary, salary range, title, type of appointment, starting and ending dates of the appointment, full or part-time status (if part-time, percentage of full-time will be shown), probationary months worked, if any, payment option, soft money designation, and any other relevant special conditions of employment, if any, such as Alive-in@ requirements and applicable rental charges for residence hall staff. The format of the appointment document shall be the same for each university, and shall include a statement that the appointment is subject to the provisions of this Agreement.
Section D. Notice of Change of Appointment. Any change of terms and conditions of an existing appointment not sufficient to constitute layoff is not effective until 30 days after notification to the affected ASF member.