Provost & Academic V.P. Western Illinois University 1 University Circle 211 Sherman Hall Macomb, Illinois 61455 Phone: 309/298-1066 E-mail: PS-Brown@wiu.edu

WIU/UPI Agreement 2001-2005

Article 26: Academic Program Elimination Review Committee

26.1. When the University is considering eliminating academic programs that would result in the layoff of an employee it will constitute an Academic Program Elimination Review (APER) Committee composed of and elected by University employees. The sole purpose of the APER Committee shall be to provide recommendations to the Academic Vice President concerning academic programs being considered for elimination which would result in the layoff of an employee. The Union Chapter President will be notified of the intent to form this committee.

26.2. The Academic Program Elimination Review Committee shall:

1. be composed of no more than five employees;
2. have representation from each college and the library;
3. have a term of appointment appropriate for the anticipated workload;
4. be elected in an election conducted by the Faculty Senate.

26.3.

1. The Academic Program Elimination Review Committee shall receive information on any program being considered for elimination which would result in the layoff of an employee. The information shall include:

1. ) data on enrollment, majors, and course offerings;
2. ) data on program costs.

2. The Academic Program Elimination Review Committee may request additional relevant information from the Academic Vice President.

26.4. In the process of developing its recommendations, the APER Committee shall review program costs and enrollment history; contributions of the program to the general education requirements, interdisciplinary and service functions; graduation requirements; the University curriculum; and contributions of the program to the mission and goals of the University.

26.5. Any recommendation to the Board for program elimination which would result in the layoff of an employee under Article 26.1 shall include the recommendation of the Academic Program Elimination Review Committee.

26.6. Any Board decision concerning the elimination of any academic program which would result in the layoff of an employee(s) shall be communicated to the employee(s) in the affected unit.

Article 27: Compensable Fringe Benefits

27.1. During the terms of this agreement, employee benefit programs (health, life, etc.) shall be provided to all employees covered by this agreement who are eligible to participate in those programs in accordance with the Illinois State Employees Group Insurance Act, Illinois Compiled Statutes, 5 ICLS, 375/1 et. seq., as amended. The parties agree to accept all of the terms and conditions in employee benefit packages as determined by the Department of Central Management Services to be intended to apply to employees of Western Illinois University. Changes or modifications to benefits, benefit levels, or the types of employee benefit packages that may be offered is the exclusive right of Central Management Services. The costs for participation in any of the employee benefit programs that Central Management Services determines to be contributory by the employee and costs for optional coverage are the sole responsibility of the employee. This article is subject to renegotiation pursuant to the provisions of Article 15.1.

27.2. Sabbatical Leave

1. Purpose
   Because of its commitment to provide excellence in education, the Board recognizes the need for granting sabbatical leaves to faculty members for the purpose of encouraging scholarly and professional development for the mutual benefit of the University and the employee.
   
   A sabbatical leave may be used for the purpose of acquiring new professional skills and updating existing professional skills as well as for research, in accordance with the purpose stated above.
2. Eligibility
   A sabbatical leave is granted at the discretion of the University President. A tenured employee is eligible to apply for a sabbatical leave from the University only after completing at least five years of full-time service in the bargaining unit at the University. A sabbatical leave shall not be awarded to the same employee more than once every seven academic years and sabbatical leave time shall not be cumulative.
3. Quota
   The quota shall be one sabbatical leave for each 17 employees, or major fraction thereof.
4. Sabbatical Leave Proposal
   The sabbatical leave proposal shall include: 1) a summary of the project; 2) a plan of activity; 3) a current vita and/or evidence of background/preparation in topic area, if appropriate; 4) expected result or outcome of project (e.g., publication, recital, art show, etc.).
5. Procedures
   Sabbatical leave proposals shall be reviewed and processed according to established procedures. The University President may deny a request for sabbatical leave because the sabbatical proposal is academically unacceptable. In the event that such a denial is made, upon request made within ten working days after receipt of such denial, the University President shall provide a written explanation for the denial to the employee who submitted the proposal.
6. Priority
   If the number of academically acceptable sabbatical leave proposals exceeds the number of available sabbatical leaves at the University, priority of award shall be determined on the basis of years of service at the University or years since the last sabbatical. If an employee has never had a sabbatical from the University, her or his priority shall be determined on the basis of years of full-time service at the University. If an employee has had a sabbatical from the University, that employee's priority shall be determined on the basis of the numbers of years since the employee's last sabbatical. A sabbatical may be deferred to a later date if necessitated by program need. Notice of deferral must be given upon notification of receipt of the sabbatical. The person deferred will begin accruing years of service toward eligibility toward the next sabbatical with the year following the initial granting of the sabbatical.
7. Term
   1. ) The term of sabbatical leave shall be either one semester at full pay or two semesters at half pay. Each academic year, 75 percent of the total sabbatical leaves available for award shall be available for award for one semester at full pay.
   2. ) If an academic employee receives a grant in connection with a sabbatical leave, the duration of the sabbatical may be adjusted by the University to coincide with the provisions of the grant.
8. Conditions
   1. ) Each employee who is granted a sabbatical leave shall agree to serve at the University for at least one academic year after the completion of the sabbatical and shall give a judgment note to the University for the amount of the sabbatical leave. This judgment note will be cancelled at the end of the required year of service or upon the death or permanent disability of the employee.
   2. ) Each employee in her or his sabbatical proposal shall inform the University of other salaries, grants, fellowships, or financial support for which the employee has applied or does receive. If notice of support is received after the proposal is submitted, the employee shall notify the appropriate University Vice President.
9. Report of Sabbatical Leave
   1. ) By the end of the first semester following return to the University from sabbatical leave, the employee shall file a written account of sabbatical activities and accomplishments as related to the goals and objectives stated in the sabbatical proposal with the appropriate University Vice President, Dean, and Department Chair. The report shall be made available to department colleagues and shall be placed in the employee's personnel file.
   2. ) Any change in the sabbatical which significantly modifies the original proposal must be reported to the appropriate Department Chair, Dean, and University Vice President for approval at the earliest possible time.
10. Miscellaneous
    Time spent by an employee on a sabbatical leave will be credited for the purpose of determining eligibility for promotion.

27.3. Retraining Leave

1. The University President, at her or his discretion, may grant a retraining leave to an eligible employee for the purpose of acquiring new skills for the benefit of the University.
2. The University will establish procedures for submission of applications for retraining leaves. Applications shall specify the purpose, method, and timetable of the retraining leave.
   
   Applications submitted pursuant to Article 24, Staff Reduction Procedures, shall be considered at any time. If successful completion of a retraining leave might lead to transfer of the applicant to a specific department in the University, the University President will provide that department an opportunity to discuss the retraining leave proposal.
3. The term of a retraining leave may be for a period of up to 12 months. Retraining leaves may be renewed at the discretion of the University President after recommendation by the Department Chair, Dean, and Academic Vice President. Compensation for retraining leaves shall be at no less than half pay.
4. Each employee who is granted a retraining leave shall agree to serve the University for at least three academic years after the completion of the leave and shall give a judgment note to the Board of Trustees for the amount of the retraining leave. This judgment note is to be cancelled at the end of the required period of service or upon the death or permanent disability of the employee, or if the employee is non-retained or is not granted tenure.
5. Upon completion of a retraining leave an employee shall file a written account of retraining activities and accomplishments with the appropriate University Vice President. If after successful completion of a retraining leave, an employee is transferred to another department, her or his transfer shall be made in accordance with the provisions of Article 25, Transfer.
6. There shall be no evaluation of an employee for the purpose of retention during the period of a retraining leave unless the time on leave is being credited toward tenure in accordance with Section 27.3.h. below.
7. Time spent by an employee on a retraining leave will not be credited for the purpose of determining eligibility for promotion or sabbatical.
8. Time spent by an employee on a retraining leave will be credited for the purpose of determining eligibility for tenure upon approval of the University President. At the time of application, an employee must indicate in writing to the University President whether the employee wishes the time spent on a retraining leave to be credited for the purpose of determining eligibility for tenure. Upon request, the University President will provide a written explanation within ten working days to an employee whose request to credit the time spent on a retraining leave for the purpose of determining eligibility for tenure has been denied.

27.4. Parental Leave

A tenured/tenure-track employee may use up to 20 work days of earned sick leave per academic year for parental leave upon the birth or adoption of a child of the employee. Non-emergency requests for parental leave of more than ten work days shall be submitted to the Department Chair and Dean 30 days in advance and shall be subject to the consideration of maintaining efficiency of operations. Such requests shall not be unreasonably denied. Upon approval of the appropriate University Vice President, an employee may use additional accrued sick leave for such absences. An employee also has the right to additional time off as provided for in the Family Medical Leave Act of 1993.

27.5. Annual Leave

1. Any tenured/tenure-track employee who is employed on a 12-month contract shall earn annual leave at the rate of two days per month during each month or major fraction thereof of service in full-pay status. No other employee in Unit A shall earn or receive annual leave.
   
   An employee who is employed on a 12-month contract may accrue annual leave during the term of employment at the University up to a maximum of 48 days. An employee who has accrued the maximum will earn no further annual leave until the employee's use of annual leave reduces the accrual below the maximum. An employee who is required to work on a special assignment may, at the discretion of the University President, or her or his designee, be permitted to earn up to 12 days of annual leave beyond the maximum of 48 days. Such additional annual leave must be used within 12 months after the employee completes work on the special assignment.
   
   Upon cessation of employment with the Board, an employee, or such employee's estate, shall be entitled to a lump sum payment for accrued annual leave. Annual leave days eligible for lump sum payment shall be computed by determining the number of days, or fractions thereof, accrued by the employee and subtracting any days, or fractions thereof, used by the employee.
2. Annual leave shall be earned before being taken. All requests for annual leave must receive approval prior to the leave being taken. Requests for annual leave in excess of three days shall be submitted to the employee's Department Chair at least 30 days in advance of the date on which the employee wishes to begin leave.
3. A response shall be given within seven days to a request for annual leave in excess of three days. Approval of the dates on which an employee wishes to take annual leave shall be at the discretion of the appropriate University Vice President and shall be subject to the consideration of maintaining efficiency of operations. A request for annual leave shall not be unreasonably denied.
4. Deductions of annual leave shall not be made for any Board-approved holiday or when the University is closed to the public. During the contractual period of appointment, any employee not on approved annual leave shall be accessible in accordance with Section 17.16.

27.6. Military Leave

1. A tenured/tenure-track employee who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia, shall be granted leave for any period actively spent in such military service, while under contract, including:
   1. ) basic training;
   2. ) special or advanced training, whether or not within the State, and whether or not voluntary; and
   3. ) annual training.
2. During leaves for annual training, the employee while under contract shall continue to receive her or his regular compensation. During leaves for basic training and up to 60 calendar days of special or advanced training, if such employee's compensation for military activities is less than her or his compensation as an employee, she or he shall receive her or his regular compensation as an employee minus the amount of her or his base pay for military activities. The deduction of military pay from the salary of an employee shall be reflected in the first payroll prepared after verification of the amount of the employee's military pay.
3. A member of the National Guard (or other State military component) who is called to temporary active duty in case of civil disturbance or natural disaster declared to be an emergency by the Governor may receive a combined salary from the University and the military equal to, but not exceeding the employee's pro rata daily rate for work days absent. If the daily rate received for temporary active duty exceeds the daily rate of the employee from the University, the employee may elect to accept the higher rate in which instance the employee shall receive no compensation from the University. The amount of compensation received for temporary active duty shall be reported to the University within 30 days after release from temporary active duty. Appropriate adjustment to offset the amount received shall be made on the next regular payroll. Time used for temporary active duty shall not be deducted from the time allowed for regular military training periods in accordance with Sections 27.6.a. and 27.6.b.

27.7. Sick Leave

1. Sick leave may be used for injury or illness of an employee, including temporary disabilities caused or contributed to by pregnancy. An employee may use up to ten days of earned sick leave per academic year for absences resulting from the illness or injury of a parent, spouse, or child. Upon approval of the appropriate University Vice President, an employee may use additional accrued sick leave for such absences.
2. (1) An employee who has accrued sick leave at the University shall be credited with such accrual as of the effective date of this Agreement. If the accrual exceeds 300 work days, the employee shall earn no further sick leave until the employee's use of sick leave reduces the employee's accrual below the maximum of 300 work days specified in Subsection b.(2) below. (2) An employee may accrue sick leave during the terms of employment at the University up to a maximum of 300 work days. An employee who has accrued cumulative sick leave earned before January 1, 1984, shall continue to earn cumulative sick leave at the rate of not more than 1.75 days per month, provided that the sick leave balance of such employee remains at the maximum by the deduction of no more than 1.75 days per month of cumulative sick leave earned before January 1, 1984. An employee who accrues the maximum, and whose sick leave balance does not include any cumulative sick leave earned before January 1, 1984, will earn no further sick leave until the employee's use of sick leave reduces the accrual below the maximum.
3. During the first three years of employment at the University, an employee shall earn sick leave at the rate of 20 work days per academic year or 1.75 work days for each month, or major fraction thereof, of service under the employee's contract, whichever is greater. Thereafter, the employee shall earn sick leave at the rate of 1.75 work days for each month, or major fraction thereof, of service under the employee's contract, irrespective of the term of the employee's contract. During the first three years of employment, sick leave will be credited to employees at the beginning of each academic year. Thereafter, sick leave shall be earned on a monthly basis.
4. Sick leave must be taken in units of no less than one-half day. Sick leave must be filed whenever an employee is unable to perform her or his professional obligations, either on or off campus, for reasons of illness or injury. Procedures for reporting sick leave will be developed in consultation with the Union Chapter President and provided to each employee. An employee on sick leave will remain in that status until the employee informs the University that she or he is able to return to work.
5. Sick leave may be used only during the term of an employee's period of appointment.
6. Deductions of sick leave shall not be made during any Board approved holiday; nor shall deductions be made when University classes are not in session, unless the employee is assigned teaching responsibilities during such time period. No more than five days of sick leave shall be deducted in any one calendar week, unless the employee is scheduled for more than five days.
7. (1) Upon cessation of employment for at least 30 days, an employee or such employee's estate shall be entitled to a lump sum payment for accrued sick leave earned on or after January 1, 1984 through December 31, 1997. (2) The lump sum payment for accrued sick leave shall be computed as the product of the employee's daily rate of compensation and one-half of the lesser of the following: (1) the number of days, or fractions thereof, of accrued sick leave earned by the employee in accordance with Section 27.7.b (2) minus any days, fractions thereof, of accrued sick leave used by the employee; or (2) the number of days, or fractions thereof, of accrued sick leave earned by the employee in accordance with Section 27.7.b.(2) after December 31, 1983. Accrued sick leave days shall be used in the following order: pre-January 1, 1984; post-December 31, 1997; January 1, 1984 through December 31, 1997. (3) An employee who has received a lump sum payment for accrued sick leave in accordance with this Section and who, within two years of the cessation of his or her employment with the Board is reemployed by the Board, may have his or her accrued sick leave restored if, within 30 days after the commencement of such reemployment, the employee repays said lump sum payment to the Board. For each day of sick leave to be restored, the employee shall repay the gross amount she or he was paid for one day of accrued sick leave. An employee may have part or all of her or his accrued sick leave restored in this manner; however, if the employee does not make any such repayment to the Board, she or he shall not be entitled to have any such sick leave so restored.
8. Upon recommendation of the appropriate University Vice President, the University President may grant a tenured or tenure-track employee a leave with full pay for a period not to exceed 60 calendar days, if the employee:
   1. ) has completed at least three full academic years of service at the University;
   2. ) has exhausted all sick leave benefits under the terms of this Agreement;
   3. ) is a participant in the State Universities Retirement System; and
   4. ) is entitled to and has applied for disability benefits under the State Universities Retirement System.
9. (1) Nothing shall prevent or limit the University from requiring appropriate verification, or from taking action on the results of such verification, of the legitimacy of the use of sick leave by an employee where the University has reason to doubt the legitimacy of such use.
   (2) Nothing shall prevent or limit the University from requiring appropriate documentation prior to a return to work from sick leave. Such documentation would indicate approval to return to work and state any limitations on such approval which might affect scheduling and/or performance of assigned duties and necessitate modification of the assignment. In such cases, sick-leave days used will be pro-rated until the employee is able to return to a full-time status.

27.8. Personal Leave

Up to 5 days of sick leave per year may be used for personal days. All requests for personal leave must be submitted prior to the leave being taken. Any request for personal days during the first and last weeks of the semester or for the two days immediately preceding or following fall or spring break must be approved. Requests for more than two personal leave days must be approved by employee's immediate supervisor.

27.9. Professional Meetings and Work-Related Travel

1. An employee's expenses in connection with approved professional meetings or activities may be reimbursed in accordance with written University policy.
2. An employee shall receive a reimbursement for authorized travel required by the employee's work assignment in accordance with written University policy.

27.10. Bereavement Leave

1. Leave with pay of up to five consecutive days per occurrence will be granted to an employee in the event of the death of a member of the employee's immediate family or a relative. Bereavement leave may only be used during the term of an employee's contract. Bereavement leave shall be taken in not less than one-half day increments and may not be accrued.
2. Upon approval of the appropriate Chairperson and Dean, an employee may use accrued sick leave for bereavement leave requirements in excess of five days.

27.11. Leave for Court-Required Service An employee who is summoned for jury duty or subpoenaed as a witness before a court of competent jurisdiction or as a witness in a proceeding before any federal or state administrative agency shall be granted leave with pay and any jury or witness fees may be retained by the employee provided that no employee shall be given leave with pay for (a) appearing as a party in a non-job related proceeding involving such employee, (b) appearing as an expert witness when the employee is compensated for such appearance, or (c) appearing as a plaintiff or complainant in a proceeding in which the Board or the University is a defendant or respondent.

27.12. Educational Benefits

1. A full-time employee may enroll for credit at the University for a maximum of two courses, or six credit hours, whichever is greater, in any one academic term with exemption from the payment of tuition and fees.
2. The natural, adopted, foster, or step-children, or the spouse of any employee who dies while in service shall be entitled to a waiver of tuition and fees up to and including the baccalaureate degree at the University. Should both parents be employees, the death of one parent makes the child eligible for a waiver. Children of divorced employees are eligible if the deceased employee had been contributing to their support.

27.13. Benefits While on Compensated Leave

1. An employee on compensated leave may continue to contribute toward and receive the benefits of any state or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or the State Universities Retirement System so permit.
2. Upon return to the University from a compensated leave, an employee's salary shall be adjusted to reflect nondiscretionary increases which the employee would have received if not on leave.

27.14. Previously Accrued Leave

1. If an employee has accrued cumulative annual leave and moves into a position in which annual leave is not accrued, that employee's accrued cumulative annual leave will be maintained on the University's records until the employee moves into a position in which annual leave may be accrued, at which point the employee shall be credited with previously accrued annual leave days, or until the employee leaves the employment of the University, at which point the employee shall be entitled to a lump sum payment in accordance with Board Regulations.
2. If an employee has accrued cumulative sick leave and moves into a position in which sick leave is not accrued, that employee's accrued cumulative sick leave will be maintained on the University's records until the employee moves into a position in which sick leave may be accrued, at which point the employee shall be credited with previously accrued sick leave days, or until the employee leaves the employment of the University, at which point the employee shall be entitled to a lump sum payment in accordance with Section 27.7.g.(2).

27.15. Retirement Contracts

Faculty in their last year of employment before retirement may negotiate a terminal contract with the appropriate Dean and the Provost's Office that may include a summer assignment. That summer assignment will be funded outside the department's regular summer budget allocation and rotation policy. The 3 ACE limitation may be waived for such assignments. Equal access to this opportunity shall be available to all those eligible.

27.16. Post-Retirement Employment

A tenured/tenure-track employee who is planning to retire from the University may request, at least six months prior to retirement, part-time, post-retirement employment for one year. If approved, the retiree's salary will by mutual agreement be set at an appropriate level. This appointment may be renewed on a year-to-year basis. During this post-retirement employment, the retiree will not be a member of the bargaining unit. The retiree's State Universities Retirement System annuities and benefits, and the effect on those annuities and benefits by this post-retirement employment, will be determined by the State Universities Retirement System.

Article 28: Salary

28.1. Basic Increase

1. Effective September 1, 2001, the Board will grant each eligible employee, under contract and in the bargaining unit during the 2000-01 year, a salary increase of 10 percent of the employee's 2000-01 basic monthly salary.
2. Effective September 1, 2001, salary minima will be specified in Section 29.3; promotion amounts will be specified in Article 29.1; and Professional Achievement Award amounts will be specified in Article 29.2.
3. The 0.25 percent awarded as a result of UPI's arbitration of the FY2001 settlement is included in this FY2002 settlement (as provided for in 28.1.a and 28.1.b above). UPI agrees to accept FY2001 compensation payouts as final. There will be no more claims initiated by UPI as a result of this arbitration.

28.2. General Eligibility

1. In addition to any special conditions provided in Article 29 (Sections 29.1—29.3), and except as provided in 28.2.b. below, an employee shall be eligible for the salary increases specified in Articles 28.1 and 29.1—29.3 only if she or he is employed in a position in the bargaining unit as of the date of the ratification of this Agreement by the Board and the Union or September 1, 2001, whichever is later, and meets one of the following additional conditions:
   1. ) was employed in a position at WIU described in Appendix A for at least one semester during the 2000-01 academic year, or
   2. ) is returning to a previously held bargaining unit position following employment in a permanent full-time position at WIU for at least one semester during the 2000-01 academic year.
2. An employee shall not be eligible for the salary increases specified in Sections 28.1, and 29.1 - 29.3 if, prior to her or his employment in a position in the bargaining unit, the employee has received a salary increase for FY 2002.

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