Coalition of University Employees (CUE) 2855 Telegraph Ave., Suite #302, Berkeley, CA 94705
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Positions / Appointments

  1. CAREER APPOINTMENTS

    1. Career appointments are established for a fixed or variable percentage of time at 50% or more of full-time and are expected to continue for one year or longer.
    2. Beginning on January 1, 2001, a career appointment may also be established by conversion from a limited appointment pursuant to Section B.2 of this Article.
  2. LIMITED APPOINTMENTS

    Effective January 1, 2001:

    1. A limited appointment is established at any percentage of time, fixed or variable, during which the appointee is expected to be on pay status for less than one thousand (1,000) hours in a rolling 12-month period.
    2. In the event that a limited appointment employee attains 1,000 hours of qualifying service within a rolling 12-month period, without a break in service of at least 120 consecutive calendar days, the incumbent's appointment shall convert to career.

      1. Qualifying service includes all time on pay status in one or more limited appointments at the campus/laboratory/hospital. Pay status shall not include on-call or overtime hours.
      2. Such career conversion shall be effective on the first day of the month following attainment of 1,000 hours of qualifying service.
      3. Any break in service of 120 consecutive calendar days or longer shall result in a new 12-month period for purposes of calculating the 1,000-hour requirement.
    3. Employees in limited appointments may be released or have their time reduced at the sole discretion of the University and without recourse to the grievance and arbitration procedures of this Agreement.

      An employee in a limited appointment will be automatically released as of the last day of the appointment unless there is an earlier separation or formal extension of the appointment.
  3. PARTIAL-YEAR APPOINTMENTS

    Partial-year career appointments are established with regularly scheduled periods during which the incumbents remain employees but are not at work. These scheduled periods during which employees are not at work are designated as furloughs and are without pay. Such scheduled periods need not be consecutive in time. Furloughs are not to exceed a total of three months in each calendar year.
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  5. PER DIEM APPOINTMENTS

    1. Per diem appointments are established at any percentage of time regardless of the duration of the appointment. These appointments are established to complement career and limited appointments when necessary to maintain appropriate staffing of the University teaching hospitals and other healthcare facilities.
    2. Employees who are appointed to per diem titles are covered by per diem salary rates, the overtime provisions and the Work Rules Article of this Agreement.
    3. Employees in per diem appointments may be disciplined, terminated, released or have their time reduced at the sole discretion of the University and without recourse to Article - Grievance Procedure of this Agreement, except as provided in §D.5 of this Article.
    4. Use of Article - Grievance Procedure of this Agreement by employees in the per diem appointments is limited to alleged violations of the Wages, Overtime and Work Rules provisions of this Agreement, except as set forth in §D.5 of this Article.
    5. Special Per Diem Rights
      Effective January 1, 2001, Per Diem employees who work 1,000 hours exclusive of overtime and on-call hours, within the following 12-month period, and who provide the University with a commitment to work in the future at least fifty percent (50%) time, will be eligible for coverage Article __ - Corrective Action / Discipline and Dismissal, and the related portions of Article __ - Arbitration Procedure and Article __ - Grievance Procedure.

      1. Failure to comply with minimum scheduling requirements may result in release from employment at any time at the sole discretion of the University and without access to Article __ - Grievance and Article __ - Arbitration.
      2. In the event a per diem employee rescinds her/his fifty percent (50%) work commitment or fails to work fifty percent (50%) time or one thousand (1,000) hours as scheduled within a 12-month period, s/he waives her/his right to Articles __ - Corrective Action / Discipline and Dismissal, __ - Grievance Procedure and __ - Arbitration Procedure.
  6. TEMPORARY EMPLOYMENT POOLS & FLOATER APPOINTMENTS

    1. Definition
      Temporary employment pools are operated by Human Resource Departments to serve campus/hospital/laboratory staffing needs.

      1. The primary goal of the Temporary Employment Program (TEP) is to provide immediate administrative and technical support services to the University departments. Departments utilize TEP employees to complete special projects, to respond to workload fluctuations that are unusual or episodic in nature, to fill in for employees who are on leave, or to fill in during a recruitment period.
      2. A second goal is to provide the campus/laboratory/hospital with a viable source of candidates for its career and limited appointments.
    2. Individuals employed in temporary employment pools shall be appointed to a floater appointment.

      1. A "Floater Appointment" is an appointment reserved for use in temporary employment pools, established at any percent of full time up to eighteen (18) months in duration.
      2. An employee in a floater appointment is not a Career, Casual-Restricted, Academic, Limited Appointment, or Per Diem employee.
      3. An employee with a Floater Appointment is "at will" and may be released from a Temporary Employment Pool without just cause.
    3. Conversion to Career

      1. Individuals in floater appointments for a period of more than eighteen (18) months without a break in service of one hundred twenty (120) consecutive calendar days, shall be converted to a career appointment on the first day of the month following completion of the 18-month floater appointment.
      2. If an individual in a floater appointment has a break in service for a period of 120 consecutive calendar days, that individual may be re-hired into a new floater appointment.
    4. Scheduling
      Employees holding floater appointments may be scheduled or not scheduled, or released from any assignment as determined by the University. Assignment to a floater appointment is not a guarantee of work.
    5. Benefits
      Employees in floater appointments will receive Health and Welfare benefits in accordance with University Benefit Eligibility rules. DCP contributions shall be required.
    6. Contract Coverage
      When Floater appointees are assigned to title codes covered by this contract, they are covered by the following Articles of this Agreement: Access, Agreement, Duration of Agreement, Health & Safety, Holidays, Hours of Work, Management Rights, Military Leave, Nondiscrimination in Employment, No Strikes, Parking, Payroll Deduction, Personnel Files, Positions, Rehabilitation, Severability, Shift Differential, Sick Leave, Uniforms, Vacation, appropriate sections of Wages, Work-Incurred Injury or Illness, and Work Rules.
    7. Limited Appointees may use the grievance and arbitration procedures of this Agreement only to the extent provided in the applicable portions of the Articles identified in this Section.

    8. The University shall notify CUE at least 45 calendar days prior to establishing a Temporary Employment Pool (TEP) operated by the Human Resources Department at a campus/laboratories/hospital that does not have an existing TEP as of January 1, 2001. Upon receipt of a timely written request from CUE, the campus/laboratory shall meet and discuss the establishment of the Temporary Employment Pool prior to implementation.
    9. Employment Information Lists:

      1. Each campus/laboratory/hospital having an existing Temporary Employment Pool operated by the Human Resources Department as of January 1, 2001, shall provide electronically to CUE an initial list of those individuals represented under this agreement who were employed in the Temporary Employment Pool as of that date. Such list shall be provided to CUE by Febraury 16, 2001. The initial list shall include: employee name, employee identification number, department name, date assigned to the TEP, and appointment title code and title name at the time the report is produced.
      2. Any campus/laboratory/hospital which subsequently initiates a Temporary Employment Pool operated by the Human Resources Department shall provide CUE with an initial report within 60 days of the implementation of the TEP.
      3. Each campus/laboratory/hospital having a Temporary Employement Pool operated by the Human Resources Department will provide CUE with a change report once each month beginning 30 days after provision of the initial list. This monthly change report will provide the information identified in §8.a above for all new hires into the TEP and all TEP employees who have separated from employment. Such change reports shall continue until the University's FTP information site provides an indicator to identify individuals in Floater Appointments
  7. REHIRED RETIREES
    Rehired Retirees working in positions covered by this unit will be eligible to elect to waive future retirement accruals to the same extent that other rehired retirees in staff positions are eligible
  8. LAWRENCE BERKELEY LABORATORY

    The definitions of temporary and indeterminate positions which currently are in effect at the Laboratory shall remain in effect.
  9. SERVICE CREDIT AND BENEFITS

    Non-industrial disability and short-term disability insurance are not provided when employees are on furlough. Time on furlough is not qualifying time for vacation leave, sick leave, holiday pay, or service computation for seniority or retirement.

    For health benefits, see Article _ - University Benefits, Section M.1.
  10. REASSIGNMENT

    The reassignment of an employee in a full-time career appointment to a partial-year appointment or to a part-time appointment at a fixed or variable percentage of time shall be considered a reduction in time and must be carried out in accordance with the provisions of Article - Layoff and Reduction in Time.
  11. Neither this Article nor any other Articles or provisions of this Agreement shall be construed as a guarantee of or limitation on the number of hours per work day or workweek.

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