UW - WFSE AFSCME Council 28 Contract
Effective 7/1/15 - 6/30/17
Article 42 - Appointments and Positions
42.1 Filling Positions. The University will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification. The University can fill a position on a full-time or part-time basis. Employees who are appointed as part-time or cyclic in classifications included in the WFSE bargaining units will also be included in the bargaining unit in accordance with the provisions of this Agreement. They will be eligible to receive medical benefits and retirement in accordance with state law and University policy.
42.2 Types of Appointments.
- Regular Appointments for positions scheduled to work twelve (12) months per year.
Cyclic Appointments for positions scheduled to work less than twelve (12) full months each year due to known, recurring periods in the annual cycle when the position is not needed or due to known budgetary restraints.
At least fifteen (15) calendar days before the start of each annual cycle, incumbents of cyclic positions will be informed in writing of their scheduled periods of leave without pay in the ensuing annual cycle. Such leave without pay will not:
- Constitute a break in service and will not be deducted from the employee's length of service in granting periodic increments.
- Be considered when computing the employee's vacation leave accrual rate.
- When additional work is required of a cyclic position during a period of which the position was scheduled for leave without pay, the temporary work will first be offered to the incumbent. The incumbent will be allowed at least three (3) working days in which to accept or decline the offer.
When additional pre-scheduled work is available during the leave without pay period that is declined or cannot be completed by the incumbents, the work will be offered to Cyclic Appointment employees prior to internal employees, students, or external candidates. The work will be offered in the following order, based on seniority:
- Cyclic Appointments in the same job classification.
- Cyclic Appointment in different job classifications with the desired skills and abilities to perform the work.
- Employees who elect to accept work in a different job classification will be compensated at the rate of pay of the position they have accepted. However, if an employee accepts work in a lower classification and their current rate of compensation falls within the pay range for that classification, they will maintain their current rate of pay within the lower classification.
- Only an employee with a Final Counseling within the last six (6) months may be denied the opportunity to work during periods of leave without pay.
- Both the Employer and the Union are encouraged to utilize the Joint Union Management Committee process to resolve problems/concerns related to the cyclic leave without pay assignments.
42.3. Fixed Duration appointments may be made for assignments initially intended to be for more than one thousand fifty (1050) hours, but for no more than twelve (12) consecutive months. Consecutive appointments that total more than twelve (12) consecutive months will not be made for the same assignment. The filling of fixed duration appointments will be determined by the University. Individuals hired under this section will receive written notification of the maximum length of the appointment and the eligibility for benefits. Conclusion of the appointment will be at the discretion of the University, including termination of appointments prior to its originally intended expiration date, and will not be subject to Article 24 (Grievance Procedure) and Article 49 (Seniority, Layoff, Rehire) of the contract. Fixed duration appointments will not be made to replace current employees or to do the work of any employee who has been laid off. Fixed duration appointments may only be used to fill leave-of-absences and/or temporary projects; they may not be used to fill permanent positions. Time worked in a fixed duration appointment will count towards seniority for employees who are appointed to a classified position without a break in service. Employees on a fixed duration appointment will be considered non-bargaining unit applicants when applying for bargaining unit positions.