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 event 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.
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.