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UTCE-MnSCU Master Agreement 1999-2001

ARTICLE 3
Definitions

Section 1. Adjunct Faculty Member.

"Adjunct Faculty" are faculty who have not achieved unlimited (non-probationary) status and are working less than .33 FTE in a term. These faculty do not accrue seniority and are not probationary.

Section 2. Administration.

"Administration" shall mean the Chancellor of MnSCU, College President, and designees.

Section 3. Chancellor.

"Chancellor" shall refer to the Chancellor of the Minnesota State Colleges and Universities.

Section 4. College.

"College" means an administrative unit that is the appointing authority administering a campus or campuses and all associated off campus locations (satellites, centers, etc.) and related personnel.

Section 5. Customized Training.

"Customized Training" is defined as all hour-based instruction not offered for or directly transferable to college credit, or college credit courses offered under contract to a specific customer.

Section 6. Customized Training Faculty.

"Customized Training Faculty" are faculty who work 800 hours or less in a fiscal year who teach hour-based instruction not offered for or directly transferable to college credit, or college credit courses offered under contract to a specific customer. These faculty do not accrue seniority and are not probationary.

Section 7. Days.

"Days" means calendar days excluding Saturday, Sunday, and legal holidays as defined by Minnesota Statutes.

Section 8. Dependent.

Refer to Article 17, Section 2., Subd. 3.

Section 9. Duty Day.

"Duty Day" shall mean a day included in the college calendar, or individual faculty member's assignment, on which a faculty member engages in duties as described in this Agreement.

Section 10. Employee(s), Faculty, and Faculty Member.

"Employee" or "Faculty Member" shall mean a member of the appropriate unit as described in this Agreement. "Employees" or "Faculty" shall mean all members of the appropriate unit as described in this Agreement.

Section 11. Employer.

"Employer" shall mean the Minnesota State Colleges and Universities (MnSCU) Board of Trustees or its designees.

Section 12. Grievances.

A grievance is defined as a dispute or disagreement raised in writing by a faculty member, UTCE Chapter, or UTCE against the Employer involving the interpretation or application of the provisions of the contract.

Section 13. Grievance Form.

Grievances as defined shall be processed on a uniform grievance form agreed to by UTCE and the Employer.

Section 14. Grievant.

"Grievant" as used hereinafter shall be any faculty member, or a group of faculty members within the UTCE bargaining unit.

Section 15. Immediate Family.

Refer to Article 18, Section 3., Subd. 2.

Section 16. Meet and Confer.

"Meet and Confer" shall mean the exchange of views and concerns between MnSCU and the state UTCE according to the applicable provisions of P.E.L.R.A.

Section 17. Meet and Negotiate.

"Meet and negotiate" means the performance of the mutual obligations of public employers and the exclusive representatives of public employees to meet at reasonable times, including where possible meeting in advance of the budget making process, with the good faith intent of entering into an agreement on terms and conditions of employment. This obligation does not compel either party to agree to a proposal or to make a concession.

Section 18. Member in Good Standing.

"Member in good standing" is defined by the UTCE Constitution and Bylaws.

Section 19. Minnesota Technical Colleges.

"Minnesota Technical Colleges" includes technical and consolidated Colleges.

Section 20. MnSCU Board of Trustees.

"MnSCU Board of Trustees", "Board of Trustees", or "Board" shall mean the Board of Trustees for the Minnesota State Colleges and Universities.

Section 21. Non-Probationary Faculty Member.

"Non-probationary Faculty Members" are unlimited full-time and unlimited part-time faculty who have completed their probationary period and have not received written notice of termination of their employment in accordance with Article 27, Section 1., Subd. 6. of this Agreement.

Section 22. P.E.L.R.A.

"P.E.L.R.A." shall mean the Minnesota Public Employment Labor Relations Act of 1971, as amended.

Section 23. Permanent Work Location.

A faculty member's "permanent work location" is the campus/site at which the majority of the faculty members work assignment exists. If the work assignment is split equally, the employee shall designate his/her permanent work location.

Section 24. President.

"President" shall refer to the presidents of each member technical or consolidated college of the Minnesota State Colleges and Universities.

Section 25. Presidential Designee.

Whenever allowed by this Agreement, the use of a designee by the President shall in no way abrogate the responsibility and accountability of the President for the decisions made by the designee. Within thirty (30) days of signing this Agreement, each president will furnish UTCE a list of his/her appropriate designees. A President may revise his/her list of designees after UTCE has been provided an opportunity to meet and confer. In the event of a new President being appointed, he/she will submit a new/revised list of designees with in thirty (30) days of assuming office. No member of the UTCE bargaining unit shall be a presidential designee.

Section 26. Probationary Faculty Member.

A "probationary faculty member" is an unlimited full-time or unlimited part-time faculty member who has not completed the required probationary period in accordance with Article 27, Section 1.

Section 27. Program.

"Program" shall mean a grouping of courses for which a degree, diploma, or certificate is awarded.

Section 28. Qualified.

"Qualified" refers to members of the UTCE bargaining unit who are licensed by MnSCU.

Section 29. Replacement Representative.

The State UTCE may designate an additional, or replacement representative at any point in the grievance process. Whenever possible, UTCE will notify the affected campus administrators and Chancellor, or designee, of the additional or replacement representative in a timely manner that will not interrupt processing of the grievance.

Section 30. Representation.

A faculty member, or group of faculty members will be represented by UTCE in the grievance procedure including arbitration.

Section 31. Site.

A "site" is defined as an off campus location such as a Native American reservation, a correctional facility, or a location mutually agreed upon for community-based programs such as Farm Business Management and Small Business Management.

Section 32. Unlimited Full-Time Faculty.

"Unlimited Full-Time Faculty" are faculty who have received a letter of appointment to work at least 175 duty days or its equivalent and who have an annual workload assignment of between twenty- seven (27) and thirty-two (32) credits or between twenty-three (23) and twenty-seven (27) contact hours per week. See the workload as defined in Article 14.

Section 33. Unlimited Part-Time Faculty.

Unlimited "Part-Time Faculty" are faculty who receive a letter of appointment to work less than 175 days or less than the full-time workload as defined in Section 32 of this Article. Additional work beyond the letter of appointment shall be considered an extended contract. Part-time faculty who teach at least fourteen (14) or more credits each semester or at least twenty-three (23) or more contact hours per week for three (3) consecutive semesters shall be classified full-time at the beginning of the fourth (4th) consecutive semester.

Section 34. UTCE.

"UTCE" (United Technical College Educators) shall refer to the exclusive representative.

Section 35. UTCE Chapter.

"UTCE Chapter" shall mean the chapter at one or more technical or consolidated college(s) of the Minnesota State Colleges and Universities. As used in this Agreement, "UTCE Chapter" shall mean the UTCE Chapter President or designee.

Section 36. Written Notice, Response, Personal Service.

When a written notice or a written response is required to be given under the terms of this Agreement, such notice or response shall be made by personal service or service by certified mail. Personal service shall be deemed complete when the notice or response is handed to or received by the party to whom directed. Service by certified mail shall be deemed complete upon mailing.