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 35: Notice of Vacant Positions, Unit B

Prior to the deadline for applications, the University shall publish a University-wide announcement of any new or vacant professional position. An employee who meets the advertised qualifications for the position shall, upon request, be granted a preliminary interview. If an employee is selected to fill a new or vacant position, her or his credit for years of service at the University shall not be affected.

Article 36: Transfer, Unit B

36.1. The University may transfer an employee from one department/unit to another within Unit B as a result of reorganization or program need. At least 45 days prior to such transfer the employee and the Union Chapter President shall be notified in writing of the intent to transfer. When transfer occurs within Unit B, an employee's faculty rank, eligibility for consideration for promotion, eligibility for leave without salary, and eligibility for the compensable fringe benefits specified in Article 41 shall not be affected by transfer.

36.2. An employee may, through her or his Department Chair/Supervisor, Dean, and Academic Vice President, submit a request to the University President for transfer within Unit B. Within 90 days of submission of her or his request to the Department Chair/supervisor, the employee shall receive notification in writing from the University President of the President's decision. If the University President grants the request, the employee shall be transferred. An employee's faculty rank, eligibility for consideration for promotion, eligibility for leave without salary, and eligibility for the compensable fringe benefits specified in Article 41 shall not be affected by transfer.

36.3. With the consent of the employee, the University may reassign an employee from Unit B to a position outside the bargaining unit. If the employee is subsequently reassigned to a position in a bargaining unit in the department in which her or his appointment is formally located, the employee's salary shall be no less than it would have been as a result of negotiated increases if the employee had remained in the bargaining unit.

36.4. In the event that a transfer is anticipated, the probable receiving department(s)/unit(s) and Dean shall be notified by the University President and asked to determine department/ unit program needs and the qualifications necessary for any employee to transfer into the department. The University President shall also invite written comments from faculty of the receiving department in sufficient time to allow faculty responses prior to the transfer determination. The Department shall be notified in writing of the President's final decision. The Union Chapter President shall be kept informed throughout the process.

36.5. The University may transfer an employee from one WIU campus to another. Faculty and Academic Support Professionals whose transfer is initiated by the university shall receive advance notice of one complete academic year of the intent to transfer. Faculty and Academic Support Professionals affiliated with academic programs that are moved from one campus to another may seek transfer under Article 36. An Academic Support Professional whose transfer increases her or his one-way commute from home by 50 or more miles shall be eligible for relocation expenses consistent with existing university policy. This does not apply to employees temporarily reassigned.

Article 37: Program Reorganization, Unit B

37.1. A supervisor shall meet with an Academic Support Professional who has been transferred into her or his department/unit as a result of reorganization within 30 days after the effective date of the reorganization to develop a description of the materials and methods which will be used to evaluate the employee's performance.

37.2. When plans are undertaken to reorganize the departmental/unit structure by combining/ separating a portion of a department/unit with/from the original structure, all affected employees shall be notified of such plans and given an opportunity to respond.

37.3. An employee's years of service, eligibility for leave without salary, or eligibility for the compensable fringe benefits specified in Article 41 shall not be affected by a reorganization which results in the employee's transfer from one position to another within the bargaining unit.

Article 38: Sanctions

38.1. Sanctions may be imposed for violations of employment obligations or professional ethics as specified in Board or University policy, rules and regulations or in this Agreement.

The University subscribes to the principles of progressive discipline, although there may be instances when summary action is justified (see 38.7 below).

38.2. When a sanction is being considered, a letter stating the problem (with any documentation), identifying possible sanctions, and providing notification that a formal meeting will be held, shall be sent by the Department Chair/immediate supervisor to the employee with copies sent to the Dean, Academic Vice President, and Union Chapter President.

38.3. At the time of the formal meeting, the employee may choose to waive her or his right to have a union representative present. If the matter is resolved at this meeting, or at subsequent meetings agreed upon by both parties, the employee and the UPI Chapter President shall be provided written notice of the nature of the resolution.

38.4. If the matter is not resolved at the formal meeting (in 38.3 above), the sanctioning administrator shall send the employee written notice of the sanction as provided for in 38.5 or 38.6 herein, with reasons, by certified mail, with a copy placed in the employee's personnel file.

38.5. Sanctions that may be imposed without a formal hearing include the following:

1. A letter of reprimand, which may be issued by the appropriate administrator. The employee may attach a statement in response to the letter of reprimand. This documentation shall be placed in the employee's personnel file.
2. Suspension up to two days, or a penalty equivalent to no more than two days' pay, imposed by the Academic Vice President. Documentation of this action shall be placed in the employee's personnel file.

38.6. Sanctions for which an employee is entitled to a formal hearing include:

1. suspension for more than two days; or
2. a penalty equivalent to more than two days' pay.

38.7. When, in the judgment of the President the presence of an employee presents a threat to the health or safety of the employee or other members of the University community or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of the University or its members, the President, or designee may suspend the employee pending the sanctioning process. Such suspension shall be with pay. The President, or designee, may also direct that the member be removed and barred from University property.

38.8. Within two calendar weeks of the certified, restricted delivery mail notification of a proposed sanction under Article 38.6, the employee has the right to request a hearing before a faculty panel. If no hearing is requested, any sanction shall be imposed by the University President.

38.9. Formal Hearing

1. If a sanction hearing panel is requested, the panel will then be selected by the University President and the Union Chapter President, or their designees, who will draw by lottery five names from a pool of peers (Associate Faculty or Academic Support Professionals) employed at WIU for at least five years.
   1. ) This pool will consist of all members of either the Associate Faculty or the Academic Support Professionals as applicable, who have been employed at the University for more than five years.
   2. ) The University President and the Union Chapter President will each have the right to veto five names.
2. The panel members will serve for the duration of the sanction hearing.
3. Every effort shall be made to adjust the schedule for hearings to accommodate the assignments of the employees on the panel. When not under contract, employees may be given compensation. 38.10. The hearing shall be held within thirty days of the employee's request for a hearing. The hearing shall be attended by the Academic Vice President or designee, the appropriate administrator, the employee, a Union Representative, and legal counsel if requested.

38.11. The panel shall review the reasons for the proposed sanction and any related documentation. The panel may request any additional information or witnesses deemed necessary. The burden of proof, at a standard of clear and convincing evidence, that a sanction is appropriate and warranted rests with the University.

38.12. The panel shall submit its recommendation to the employee and to the University President within 10 working days of the last day of the hearing. The recommendation shall be based on the evidence presented at the hearing.

38.13. The University President shall submit her or his decision to the employee within 10 working days of receiving the panel's recommendation.

38.14.A record of any sanction imposed on an employee shall be placed in the employee's personnel file. The employee has the right to respond in writing to the written record of the sanction and also to have that response placed in her or his personnel file.

38.15. Records of previous disciplinary actions involving conduct of the same or similar nature may be used by the panel or University President in determining the appropriate sanction.

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