ARTICLE 23

SALARIES

The parties recommend that the Legislature appropriate funds to implement the annual salary increases referenced in Sections 23.1, 23.2, 23.3, and 23.4, as negotiated for the 2001-2002 fiscal year, which are to be funded from these appropriated increase funds.

23.1 Faculty Pay Plan. The Board shall provide employees in the Faculty pay plan, except for Developmental Research School employees covered by Section 23.3, with the following annual general salary increase from the appropriated general salary increase funds equal to approximately three (3%) percent of the June 30, 2001 base salary rate of these employees. If the appropriated amount is greater than or less than approximately 3%, the amount of the general increase shall be adjusted accordingly.

(a) Departmental Merit. These increases shall be provided consistent with criteria specified in Section 10.4 and procedures developed pursuant to Section 10.3(a)(2).

(b) Guaranteed Minimum. If the increases described in Section 23.1(a) above are less than the guaranteed minimum of $600 for a 9-month employee; $667 for a 10-month employee; $733 for a 11-month employee; and $800 for a 12-month employee, the employee shall receive an additional increase to meet the guaranteed minimum. Part-time employees shall receive proportional increases.

23.2 Administrative and Professional Pay Plan. The Board shall provide employees in the Administrative and Professional pay plan annual salary increases from funds equal to approximately 3.0% of the June 30, 2001, base salary rates of these employees in recognition of meritorious performance. If the appropriated amount is greater than or less than approximately 3%, the amount of the general increase shall be adjusted accordingly.

23.3 Developmental Research School Employees.

(a) Developmental Research School employees shall be provided the following annual increases to their June 30, 2001, base salary rate; however, the total salary increase pool for these employees shall be no less than the percent amount appropriated for annual salary increases for in-unit faculty pay plan employees under the General Appropriations Act:

(1) DRS Employee Promotion Increases: Promotion increases shall

be granted to DRS employees pursuant to Article 14. Promotion increases shall be granted to full-time DRS employees in the following amounts. Part-time DRS employees shall be granted a proportional increase:

To University School Assistant Professor B $1,000 or 3.5% of the employee’s base salary, whichever is higher;

To University School Associate Professor B $1,500 or 5.25% of the employee’s base salary rate, whichever is higher;

To University School Professor B $2,500 or 8.75% of the employee’s base salary, whichever is higher.

(2) DRS Employee Salary Schedule Increases. Each Dean of the College of Education or designee and the representative of the local DRS-UFF chapter shall develop a salary schedule to be used for purposes of determining the salaries of new DRS employees at the time of their initial appointment. Each existing employee who is below the new minimum of the salary schedule level to which they are assigned shall have their salary adjusted to the new minimum. The schedule, which shall be provided to the BOR and the UFF prior to implementation, shall take into consideration:

The DRS faculty rank structure;

Years of service;

Attainment of an advanced degree; and

Local market factors.

(3) Merit Increases. Criteria for the distribution of the remaining funds after increases distributed pursuant to Section 23.3(a)(1) and Section 23.3(a)(2) shall be developed by the Dean of the College of Education or designee and the DRS-UFF Chapter representative, and shall be submitted to the President or representative for final approval.

(b) Joint Appointments. DRS employees holding joint appointments with a department or unit in the university shall be eligible for any salary increases available to other part-time members of the bargaining unit in such department/unit of the university, with such increases appropriately prorated.

(c) DRS Supplements. DRS employees shall receive salary supplements for approved extracurricular activities assigned by the Director under the following conditions:

(1) The activity must involve duties which extend beyond the normal workday;

(2) Employees shall receive a separate salary supplement for each assigned activity;

(3) The amount of the salary supplement shall be determined by the Director after consultation with the local UFF DRS representative. In deciding the amount of the supplement, the Director shall consider such factors as the duration of the activity (e.g., one month, one semester, academic year), whether the activity is required to be performed during evenings or on weekends, whether the activity requires out-of-town travel, the number of persons supervised or involved in the activity, and whether contact with the general public is required;

(4) Specific salary supplement information shall be provided to the local UFF DRS Chapter at the beginning of the academic year;

(5) The salary supplement shall be paid from Salary funds during the period each year when the activity is performed; and

(6) Salary supplements are not to be included in the base salary rate upon which future salary increases are calculated.

23.4 Faculty Performance Incentives. In the event that the Legislature appropriates

faculty performance incentive funds for employee salary increases in excess of the general increase, such funds shall be distributed to recognize and promote faculty excellence and productivity, responding to the mission of each university. Such funds shall be distributed as follows:

(a) Promotion Increases. Promotion increases shall be granted to employees pursuant to Article 14. These increases shall be granted in an amount equal to 9.0% of the employee's previous year's base salary rate in recognition of promotion to one of the ranks described below:

To Assistant Professor, Associate in ______, and Assistant University Librarian;

To Associate Professor, Research Associate, Associate Curator, Associate Scholar/Scientist, Associate Engineer, and Associate University Librarian; and

To Professor, Curator, Scholar/Scientist, Engineer, and University Librarian.

(b) In the event that the Legislature fails to appropriate funds for faculty

performance incentives as specified in this Section, promotional increases in Section 23.4(a) above shall be distributed as the first priority on the funds appropriated for increases in Section 23.1 for faculty pay plan employees who are in pay status on May 1, 2001, but are not eligible for annual salary increases pursuant to Section 23.6. If said funds are still insufficient, then promotional increases may come from other funds provided in Section 23.1.

(PEP) increases and for Performance-Based Market Equity increases. In the event the excess funds approved by the Legislature are less than seventeen (17) million dollars ($17,000,000), the excess funds shall be distributed entirely as Performance-Based Market Equity. These increases are not applicable to DRS and A&P employees. Allocation of funds to each university will be proportional to the faculty rate at that university. The university shall determine the amount to be distributed for PEP based upon the number of eligible employees.

(1) Existing university criteria and procedures shall be used to

distribute PEP and Performance-Based Market Equity increases, unless the university determines revisions are required.

(2) If revisions to existing criteria and procedures for PEP and/or

Performance-Based Market Equity are required, they shall be recommended by a committee of administrators and elected employees. A majority of this committee shall be employees who are elected by employees for this purpose. The committee may be either university-wide or college/equivalent-wide. Revised criteria and procedures shall be submitted to the president or representative for approval and communicated to eligible employees.

(3) The university shall provide the UFF Chapter with a copy of the

revised criteria and procedures. UFF shall be offered an opportunity to discuss the revised criteria and procedures in consultation with the president or representative and provide comment prior to the university’s beginning the relevant selection processes.

(d) The awards shall be made in the following categories within the

accompanying guidelines:

(1) Professorial Excellence Program Increases (PEP).

a. Eligibility: Full-time employees in classifications with the

rank of professor, or equivalent, who have seven (7) or more years’ SUS service in that rank are eligible. No employee may be selected for an increase more than once every seven (7) years.

b. Increase Amounts: Recipients shall receive an increase in

base salary of $5,000.

c. Selection Criteria and Procedures: Since promotion to

professor or the last PEP increase, eligible employees must have evidence of sustained excellence which is consistent with the university’s mission. There must be a demonstration of additional merit and distinction beyond the performance on which advancement to the rank of professor or equivalent, was based.

(2) Performance-Based Market Equity Increases.

a. Eligibility: Each full-time faculty member with a current

satisfactory performance evaluation shall be considered for a performance-based market equity salary increase.

b. Increase Amounts: Increase amounts are determined by

universities based on established criteria.

c. Selection Criteria and Procedures: The procedures shall specify how meritorious performance, years of service and years in rank shall be used, with meritorious performance being given the highest consideration and with each criterion being used in a meaningful way. The procedures shall also specify how appropriate market data, including the distance of individual employee salaries from market, shall be incorporated.

23.5 Report to Employees. All employees shall receive notice of their salary increase on the Appendix AG@ form not later than two weeks prior to implementation of the salary increases described in this article. Upon request, an employee shall have the opportunity to consult with the person or committee which makes the initial recommendation for salary increases.

23.6 Eligibility for Annual Salary Increases.

(a) Faculty pay plan employees whose most recent annual evaluation is at least satisfactory and who are in pay status on May 1, 2001, or before, are eligible for the increases described in Section 23.1 and 23.3 except that employees who have been issued a notice of nonreappointment pursuant to Section 12.2 are not eligible for such increases. “Satisfactory” with respect to annual evaluations is when a majority of the employee’s assigned duties are evaluated as “satisfactory.”

(b) Administrative and Professional pay plan employees who are in pay status on May 1, 2001 or before, are eligible for the increases described in Section 23.2, except that employees who have been issued a notice of nonreappointment pursuant to Section 12.2 are not eligible for such increases.

23.7 Effective Dates for Salary Increases. Salary increases in Section 23.1 for Faculty pay plan employees, Section 23.2 for Administrative and Professional pay plan employees, and Section 23.3 for DRS employees shall be effective on the date of the employee’s 2001-2002 contract, but no later than January 1, 2002. Salary monies in Section 23.4 for faculty pay plan employees shall be effective retroactive to the beginning of the employee’s 2001-2002 contract.

23.8 Contract and Grant Funded Increases.

(a) Employees on contracts or grants shall receive salary increases equivalent to similar employees on regular funding, provided that such salary increases are permitted by the terms of the contract or grant and adequate funds are available for this purpose in the contract or grant. In the event such salary increases are not permitted by the terms of the contract or grant, or in the event adequate funds are not provided, the president or representative shall seek to have the contract or grant modified to permit such increases.

(b) Nothing contained herein shall prevent employees whose salaries are funded by grant agencies from being allotted raises higher than those provided in this Agreement.

23.9 Nothing contained herein shall prevent the Board from providing salary increases beyond the increases specified above. These increases are provided for market equity considerations, including verified counteroffers and compression/inversion; increased duties and responsibilities; special achievements; litigation/settlements; and similar special situations. A copy of procedures used for distributing increases under this section will be provided to the local UFF chapter, which shall have an opportunity to discuss the procedures in consultation with the president or representative, prior to their implementation.

23.10 Grievability. The only issues to be addressed in a grievance filed pursuant to Article 20 alleging violation of this Article are whether there is unlawful discrimination under Article 6, or whether there is an arbitrary and capricious application of the provisions of one or more Sections of this Article.

23.11 All increases provided under this Article shall be reported accurately by category in the State University System Personnel Employee Records System (SUPERS).

23.12 Type of Payment for Assigned Duties.

(a) Duties and responsibilities assigned by the university to an employee which do not exceed the available established FTE for the position shall be compensated through the payment of Salary, not OPS.