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MnSCU-UTCE Master Agreement 1997-1999
ARTICLE 29
Americans With Disabilities Act
Section 1. Purpose. The Employer has an obligation under Americans with Disabilities Act (ADA) to consider accommodation requests from disabled faculty members. The Employer's decision regarding a faculty member's accommodation request is not subject to the grievance procedure. In the even that the Employer's efforts to satisfy a faculty member's request for personal accommodation would conflict with this Agreement, the Employer and UTCE shall follow the procedures in Section 2.
Section 2. Process.
Subd. 1. Responsibility. Both parties recognize a responsibility to respect the privacy and confidentiality of employees. An employee seeking an accommodation shall be entitled to a union representative. The Employer shall review employee requests for accommodations considering ADA defined options which include but may not be limited to the following: equipment purchase or modification; faculty access improvement; scheduling modifications, restructuring of current positions and duties which are allowable under the collective bargaining Agreement.
Subd. 2. Waiver of Agreement Provisions. If during efforts to accommodate a disabled faculty member the Employer become aware that waiver of certain provisions of this Agreement are necessary, it shall request a meeting to negotiate items specific to the employee's accommodation with the state UTCE. At or before the initial meeting, the Employer shall inform UTCE of the employee's restriction(s) subject to each party's confidentiality obligations, the specific contract provision(s) needing waiver, and the manner in which the Employer proposes to modify the contract provision(s). The Employer shall consider accommodation options presented by UTCE, if any.
Subd. 3. Temporary Accommodations. The Employer may make temporary accommodations requested by the employee between the meeting with UTCE and its response.
Subd. 4. Formalized Agreement. A waiver of provisions in this Agreement that is specific to the individual situation and satisfies ADA requirements will be negotiated by the Employer and UTCE and formalized in a Memorandum of Understanding.