AGREEMENT

1 This Agreement made and entered into this seventh day of June, 2008, at Madison, Wisconsin, pursuant to the provisions of ss. 111.80-111.94, Wis. Stats., by and between the State of Wisconsin and its Agencies (hereinafter referred to as the Employer) represented by the Office of State Employment Relations and Wisconsin Education Association Council (through SPEIC Council #1) (hereinafter referred to as the “Union”) as the representative of employees employed by the State of Wisconsin, as set forth specifically in Article II.

2 It is the intent and purpose of the parties hereto that this Agreement constitutes an implementation of the provisions of ss. 111.80-111.94, Wis. Stats., consistent with the legislative authority contained therein, and provides for orderly and constructive employment relations in the public interest and in the interests of employees hereby covered and the State as an Employer.

3 The parties do hereby acknowledge that this Agreement represents an amicable understanding reached by the parties as the result of the unlimited right and opportunity of the parties to make any and all demands with respect to the Employer-employee relationship which exists between them relative to the subjects of bargaining.

1/1/1 This Agreement relates only to classified employees of the State of Wisconsin in the Professional-Education unit as certified by the Wisconsin Employment Relations Commission. Employees in this collective bargaining unit are professional employees, statutorily defined as:

1. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

2. Involving the consistent exercise of discretion and judgment in its performance;

3. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;

4. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a long course of specialized intellectual instruction and study in an institution of higher learning or a hospital as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes; or

1. Has completed the courses of specialized intellectual instruction and study described in paragraph A./4., and

2. Is performing related work under the supervision of a professional person to qualify himself or herself to become a professional employee as defined in paragraph A.

2/1/1 A. The Employer recognizes the Union as the exclusive collective bargaining agent for persons employed by the State of Wisconsin in the following classifications:

2/1/2 B. Employees excluded from this collective bargaining unit are all project, confidential, limited term, management, supervisory, sessional, and all other employees of the State of Wisconsin.

2/1/3 C. All employees covered by this Agreement are in the classified service of the State of Wisconsin as listed in the certifications by the Wisconsin Employment Relations Commission as set forth in this Section.

2/1/4 D. The parties will review all new classifications related to the bargaining unit and if unable to reach agreement as to their inclusion or exclusion from the bargaining unit, will submit such classifications to the Wisconsin Employment Relations Commission for final resolution.

2/1/5 E. Disputes which may arise concerning the inclusion or exclusion of individual positions within the bargaining unit will also be submitted to the Wisconsin Employment Relations Commission for final resolution. The Employer agrees to give advance notice in writing to the Executive Director of the Union of any reallocation or reclassification action which results in the removal of an employee from the bargaining unit.

Upon receipt of a voluntary written individual order therefore from any of its employees covered by this Agreement on forms mutually agreed to and provided by the Union, the Employer will deduct from the pay due such employee those dues required as the employee’s membership dues in the Union. Such orders will be effective only as to membership dues becoming due after the date of delivery of such authorization to the payroll office of the employing unit. New individual orders will be submitted on or before the 25th day of any month for deduction the following pay period. Such deductions will be made from the employee’s pay for the first pay period of each month, except that where the payroll of the department is processed by the centralized payroll of the Department of Administration, such deductions will be evenly divided between the A and B pay periods. Deductions will be made only when the employee has sufficient earnings to cover same after deductions for social security, federal taxes, state taxes, retirement, health insurance, income continuation insurance, and life insurance. Deductions will be in such amount certified to the Employer in writing by the Union. There will be only two (2) types of dues deductions, one for full-time and one for part-time employees. The Employer will be given thirty (30) days advance notice in writing by the Union of any changes in the certified deduction amounts.

2/2/2 New authorization cards must be submitted as indicated above by the employees transferring from one employing unit to another employing unit and/or returning after a leave of absence without pay in excess of twelve (12) months. The Employer will remit all such deductions to the Union, within ten (10) days after the payday covering the pay period of deduction.

2/2/3 Such orders may be terminable in accordance with the terms of the order the employee has on file with the Employer. However, under no circumstances will an employee be subject to the deduction of membership dues without the opportunity to terminate his/her order at the end of any year of its life or earlier by the employee giving at least thirty (30) but not more than one hundred and twenty (120) days written notice to the Employer and Union

Where a fair share certification is authorized by the Wisconsin Employment Relations Commission, the Employer agrees to deduct an amount determined by the Union from the earnings of the employees in the unit who are not exempt from fair share by operation of their dues deduction in Section 2/A. The Union will then remit to these employees the amount not chargeable to fair share according to procedures consistent with state and federal law. Deductions will be made from the employee’s pay for the first pay period of each month, except that where the payroll of the department is processed by the centralized payroll of the Department of Administration, such deductions will be evenly divided between A and B pay periods. Deductions will be made only when the employee has sufficient earnings to cover same after deductions for social security, federal taxes, state taxes, retirement, health insurance, and life insurance. The Employer will remit all such deductions to the Union, within ten (10) days after the payday covering the pay period of deduction.

2/2/5 The Union will notify the Employer of those employees who are exempt from the fair share deduction and will notify the Employer of any changes in its membership affecting the operation of the provisions of this Article. The Union will notify the Employer of the amount determined by the Union to be the fair share of the cost of the collective bargaining process and contract administration by the Union. There will only be two (2) types of fair share deductions, one for part-time and one for full-time employees. The Employer will be given at least thirty (30) days advance notice in writing of any changes in membership or fair share deduction amounts for such changes to be effective at the next feasible administrative pay date.

2/2/6 The Union will provide employees subject to fair share deduction with an internal mechanism within the Union which is consistent with the requirements of state and federal law and which will allow those employees to challenge the fair share amount determined by the Union as the cost of representation allowed under law and to receive, where appropriate, a rebate of any monies to which they are entitled. To the extent required by state or federal law, the Union will place in an interest bearing escrow account any disputed fair share amounts.

2/2/7 Each January 31, and one (1) month after the effective date of this Agreement, the Union will provide to the Employer a description of the procedures available to employees for the resolution of disputes between the employee and Union regarding the proper amount of such deductions.

Upon receipt of a voluntary written individual order therefore from any of its employees covered by this Agreement on forms provided by the Union the Employer will deduct from the pay to such employees those NEA/PAC contributions authorized by the employee.

2/2/9 Such orders may be terminable in accordance with the terms of the order the employee has on file with the Employer.

The Employer will correct administrative errors made by the Employer by an appropriate adjustment in the affected employee’s pay within sixty (60) days following the discovery of the administrative error.

The Union, the Wisconsin Education Association Council, does hereby indemnify and will hold the Employer harmless against any and all claims, demands, suits, or other forms of liability, including court costs, that will arise out of, or by reason of, action taken or not taken by the Employer, which Employer action or non-action is in compliance with the provisions of this Article, and in reliance on any lists or certificates which have been furnished to the Employer pursuant to this Article; provided that the defense of any such claims, demands, suits or other forms of liability will be under the control of the Union and its attorneys. However, nothing in this section will be interpreted to preclude the Employer from participating in any legal proceedings challenging the application or interpretation of this Article through representatives of its own choosing and at its own expense.

2/3/1 The Employer agrees that the President of the Union and/or his/her designee(s) will be admitted to the Employer’s premises during working hours by giving forty eight (48) hours advance notice to the appropriate Employer representative. Such visitors will be limited to three (3) at any given time. The Union will limit such visitations to a reasonable number of visits per work site per year. Employees functioning as Union visitors will be on leave without pay, earned annual leave or compensatory time. Leave without pay will be taken in accordance with 13/7/6. The Union visitor will, upon arrival, check in through the regular channels for receiving visitors and will be subject to the security rules in effect at the time. Such visitations will be for the purpose of ascertaining whether or not this Agreement is being observed by the parties or for the adjustment of grievances. The Union agrees that such activities will not interfere with the normal work duties of the employees. The Employer has the right to designate a meeting place and to provide a representative to escort the Union representative if operational requirements do not permit unlimited access to that part of the premises where the meeting is to take place. The Employer will designate a reasonable and private meeting place.

2/4/1 Once each month unless mutually agreed otherwise at each facility where five (5) or more bargaining unit employees are employed, at a mutually agreed upon time, the appropriate representative of each employing unit or his/her designee and other representatives designated by the Employer will meet with two (2) representatives of the Union. For those employing units with less than five (5) bargaining unit employees, both the necessity and frequency of Union-Management Meetings will be determined by mutual agreement between the Union and Local Management. If such meetings are held, up to two (2) bargaining unit employees may be in attendance. However, such meeting will not interfere with classroom instruction. The Employer, at its discretion, may permit additional employees of the employing unit to attend a particular Union-Management meeting. Normally the number of management representatives will not exceed the number of Union representatives.

C. Give the Union representative the opportunity to express his/her views on subjects of interest to employees of the bargaining unit;

D. Consider health and safety matters relating to bargaining unit employees in the departments;

E. Notify the Union of changes in conditions of employment contemplated by management, including reorganizations which may affect employees in the bargaining unit. Failure of the Employer to provide such information will not prevent the Employer from making any changes. However, management will make a reasonable effort to provide such notification.

F. Negotiate local agreements which shall include such subjects as permanent schedule changes and vacation scheduling.

2/4/3 The parties agree that such meetings will be exclusive of the grievance procedure and grievances will not be considered at these meetings. Employees will be in pay status for time spent in Union-Management meetings held during their regularly scheduled hours of employment. Any travel and subsistence incurred will be the responsibility of the employee. The Uniserv Director or designee may be present and participate in all local management meetings upon four (4) days advance notice to local management.

2/5/1 As mutually agreed, representatives of the Bureau of Labor Relations, Office of State Employment Relations will meet with the Uniserv Director and the Union President or his/her designee. Discussion at these meetings will include, but will not be limited to, administration of this Agreement.

2/6/1 Representatives of the Office of State Employment Relations and affected agencies will meet with up to three (3) representatives of the Union from employing units employing five (5) or more members in the bargaining unit, as mutually agreed, once each fiscal year of this contract. Such meetings will be used to discuss professional concerns, standards and practices. Agenda items will be exchanged between the parties no later than fourteen (14) calendar days prior to the meeting. The parties agree that such meeting(s) will be exclusive of the grievance procedure and grievances will not be considered at these special labor-management meetings. Employees will be in pay status for time spent in special labor-management meetings held during their regularly scheduled hours of employment. Any travel and subsistence incurred will be the responsibility of the employee. The Uniserv Director or designee may be present and participate in these meetings.

2/6A/1 The Union recognizes that the Employer is actively engaged in an affirmative action program, fully supports the concepts of such a program, and will assist in any way possible in the meeting of the objective of such a program in order to promote and encourage a full utilization of human resources in state service. In those employing units of Wisconsin Technical College System, Department of Public Instruction, Department of Health and Family Services, Department of Corrections, State Historical Society, and the University of Wisconsin-Madison General Library System with more than five (5) bargaining unit members and which have affirmative action committees, the Union will be permitted to appoint one (1) employee to serve as its representative on the committee.

2/7/1 The Union will supply the Employer in writing and will maintain with the Employer on a current basis the complete list of all officers of the Union.

2/8/1 Bargaining unit employees, including Union officers and representatives, will not conduct any Union activity or business on State time except as specifically authorized by the provisions of this Agreement. It is understood by the Union that the primary function of employees is the performance of their job-related duties.

2/9/1 The Union and the Employer will proof this Agreement prior to printing and distribution. Any material put into the Agreement that is not initialed and proofed by the Employer and Union will not be considered a valid part of this Agreement. If either party chooses to print the Agreement, each party will be responsible for their own printing and each party will pay for the number of Agreements they ordered. If both parties choose to print the Agreement, prior to its printing, the parties will mutually agree on the format and layout of the printed Agreement for purposes of consistency.

2/10/1 The Employer agrees to provide space on designated bulletin boards sufficient to allow the Union to post four (4) 8 ½” x 11” notices. Such space on bulletin boards will be at mutually agreed upon locations. All notices will be posted by the Union President or his/her designee and will relate to the matters listed below:

G. Any other material authorized by the Employer or his/her designee and the President of the Union or his/her designee.

2/10/2 No political campaign literature or material detrimental to the Employer or the Union will be posted.

2/11/1 The Employer will furnish the Union on a quarterly basis an alphabetical list of active employees (in pay status) in the bargaining unit. The list will show the name, mailing address, work address, department code, class code, current hourly base pay rate and seniority date for each employee. These lists will be sent first class mail to the Union office.

2/11/2 The Employer will provide the Union with a list of personnel officers to be contacted regarding the accuracy of such information.

2/11/3 The Employer will furnish the Union with transaction reports on a biweekly basis. Each list shall identify those employees who were in pay status for the first time (new) and also identify those employees who were in pay status on the previous list but are not in pay status on the current list (term). A notation will also be included on the list if any information regarding an employee changed from the previous pay period.

2/12/1 Local Union officers and stewards may use existing telephone facilities during non-instructional hours for Union business providing such use does not interfere with or disrupt the normal operations of the facility. The location, number and procedure for using telephones will be mutually agreed to at the local level. Such use will not obligate the Employer for the payment of long distance or toll charges.

2/13/1 The Union will be allowed to use the intra-institutional mail service and school mail boxes (if available) for the distribution of Union correspondence as listed below:

G. Any other material authorized by the Employer or his/her designee and the President of the Union or his/her designee.

2/14/1 A. Employees who are elected delegates will be granted three days leave without pay each year of the Agreement to attend the annual Wisconsin Education Association Council Representative Assembly. This time off may be charged to vacation credits, holiday credits, earned compensatory time credits, professional development as stated in Article XI, Section 2 or leave without pay as the employee may elect.

2/14/2 B. Once annually, no more than five (5) employees who are duly credentialed delegates or alternates to the National Education Association Representative Assembly will be granted time off without pay not to exceed five (5) days to attend said assembly. No more than two (2) employees from each employing unit will be permitted this time off. The employees must give the employing unit fourteen (14) calendar days advance notice of their attending this assembly.

2/14/3 C. Employees on leave of absence without pay pursuant to subsections A. and B., above will continue to earn vacation, and sick leave credits during these leaves of absence without pay.

2/15/1 The designated Union representative from the jurisdictional area will be granted thirty (30) minutes for Union orientation of new bargaining unit employees during non-instructional hours of the designated representative. The Employer retains the right to prohibit or terminate any Union orientation that contains political campaign information or material detrimental to the Employer. Attendance at Union orientation presentations will be voluntary. This orientation will be scheduled by the Employer and designated Union representative during the employee’s first ten (10) days of employment.

2/16/1 Existing e-mail facilities may be used by Union officers and representatives for Union business providing such use does not interfere with or disrupt normal operations of the facility. No political campaign literature or material detrimental to the Employer or the Union shall be distributed.

2/16/2 All local and statewide union officers and representatives will be granted two (2) days per contract year without pay and without loss of benefits to attend union training sessions. The employee shall give his/her immediate supervisor at least fourteen (14) days advance notice of the employee’s intention to attend such sessions. Expenses will be the responsibility of the union.

3/1/1 It is understood and agreed by the parties that management possesses the sole right to operate its agencies so as to carry out the statutory mandate and goals assigned to the agencies and that all management rights repose in management; however, such rights will be exercised consistently with the other provisions of this Agreement.

A. To utilize personnel, methods, and means in the most appropriate and efficient manner possible as determined by management.

D. To suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause.

E. To determine the size and composition of the work force and to lay off employees in the event of lack of work or funds or under conditions where management believes that continuation of such work would be inefficient or nonproductive.

F. To determine the mission of the agency and the methods and means necessary to fulfill that mission including the contracting out for or the transfer, alteration, curtailment or discontinuance of any goals or services.

3/1/3 However, the provisions of this Article will not be used for the purpose of undermining the Union or discriminating against any of its members.

3/1/4 It is agreed by the parties that none of the management rights noted above or any other management rights will be subjects of bargaining during the term of this Agreement. Additionally, it is recognized by the parties that the Employer is prohibited from bargaining on subjects prohibited by law.

4/1/1 A grievance is defined as, and limited to, a written complaint involving an alleged violation of a specific provision(s) of the Agreement.

4/1/2 Only one subject matter will be covered in any one grievance. A grievance will contain a clear and concise statement of the grievance and state the issue involved, the relief sought, the date the incident or violation took place, and the specific section or sections of the Agreement involved. The grievance will be presented at Step One, to the designated supervisor involved, in quadruplicate (on forms furnished by the Employer to the Union and any prospective grievant) and signed and dated by the employee(s) and/or Union representative. Grievance forms not properly completed will be clarified at the Step One grievance meeting.

4/1/3 A bargaining unit employee may choose to have his/her appropriate Union representative represent him/her at any step of the grievance procedure. If an employee brings any written grievance to management’s attention without first having notified the Union, the management representative to whom such grievance is brought will immediately notify the Union representative and no further discussion will be had on the matter until the Union has been given notice and an opportunity to be present.

4/1/4 Individual employees or groups of employees will have the right to present grievances in person or through other representatives of their own choosing at Steps One or Two of the grievance procedure, provided that the appropriate Union representative has been afforded the opportunity to be present at any discussions and that any settlement reached is not inconsistent with the provisions of this Agreement. No grievance may be submitted to arbitration without appeal being filed by and representation provided by the Union.

4/1/5 All grievances must be presented in writing at Step One or Two, as appropriate, promptly and no later than thirty (30) calendar days from the date the grievant first became aware of, or should have become aware of with the exercise of reasonable diligence, the cause of such grievance.

4/1/6 Steps One and Two of the grievance procedure may be waived by mutual agreement. In addition, where the same Employer representative hears more than one step of a grievance, those steps will be consolidated.

4/1/7 Grievances relating to demotion, suspension, or discharge will be filed at Step Two. Grievances regarding denial of benefits in Article XIII, Section 8 (Leave of Absence with Pay due to Injury under Special Conditions) will be filed within thirty (30) calendar days of notification of denial of benefits and will be filed at Step Two.

4/2/1 Pre-Filing Step: When an employee(s) and his/her representative become aware of circumstances that may result in the filing of a Step One grievance, it is the intent of the parties that, prior to filing a grievance, the Union Representative will contact the immediate supervisor of the employee to identify and discuss the matter in a mutual attempt to resolve it. The parties are encouraged to make this contact by telephone. The State’s DAIN line facilities will be used whenever possible.

4/2/2 If the designated agency representative determines that a contact with the immediate supervisor has not been made, the agency representative will notify the Union and may hold the grievance in abeyance until such contact is made.

4/2/3 Step One: Within thirty (30) calendar days of receipt of the written grievance or within thirty (30) calendar days of the date of the supervisor contact provided for in 4/2/1, whichever is later, the appropriate agency representative will meet with the employee(s) and his/her representative(s) and attempt to resolve the grievance. By mutual agreement of the parties, the parties are encouraged to hold grievance hearings by telephone or video conferencing. The State’s DAIN line facilities will be used whenever possible. A written decision will be placed on the grievance form following the meeting by the appropriate agency representative and returned to the employee(s) and his/her representative(s) within thirty (30) calendar days from receipt of the appeal to the agency representative.

4/2/4 Step Two: If dissatisfied with the Employer’s answer in Step One, to be considered further, the grievance must be appealed to the designee of the appointing authority (e.g., Division Administrator, Bureau Director, or personnel office) within thirty (30) calendar days from receipt of the answer in Step One. Upon receipt of the grievance at Step Two, the department will provide copies of Steps One and Two to the Bureau of Labor Relations of the Office of State Employment Relations as soon as possible. The designated agency representative will meet with the employee and his/her jurisdictional grievance representative and a non-employee representative of the Union may be present as a representative at the grievance meeting as the Union may elect. The Employer is not responsible for any travel and subsistence expenses. By mutual agreement of the parties, the parties are encouraged to hold grievance hearings by telephone or video conferencing. The State’s DAIN line facilities will be used whenever possible.

4/2/5 Following this meeting, the written decision of the agency will be placed on the grievance by the Appointing Authority of the agency or his/her designee and returned to the grievant and his/her representative, within thirty (30) calendar days from receipt of the appeal to Step Two, unless the time limits are mutually waived.

4/2/6 Step Three: Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by the Union or the Employer within thirty (30) calendar days from the date of the agency’s answer in Step Two, or the grievance will be considered ineligible for appeal to arbitration. If an unresolved grievance is not appealed to arbitration, it will be considered terminated on the basis of the Second Step answers of the parties without prejudice or precedent in the resolution of future grievances. The issue as stated on the Second Step grievance and any amendments made thereon, in writing, at the Second Step grievance meeting will constitute the sole and entire subject matter to be heard by the arbitrator, unless the parties agree to modify the scope of the hearing.

4/2/7 Notice of appeal to arbitration will be given by the moving party to the other party. The moving party will also request an ad hoc panel of arbitrators from the Wisconsin Employment Relations Commission (WERC), with a copy of the request letter sent to the other party.

4/2/8 The parties will meet within seven (7) calendar days from the date of receipt of the panel of five (5) arbitrators from the WERC for the purpose of selecting an arbitrator from the panel.

4/2/9 The procedure for selecting an arbitrator from the WERC panel to hear a particular case is as follows:

B. If the parties cannot agree on a panel member, then the parties will alternately strike names, with the coin flip loser striking first, until only one arbitrator remains. The determination of who strikes first will be made by a coin flip, with the coin flip loser striking first. If both parties disagree with the remaining arbitrator or object to the panel in its entirety, the parties will request the Wisconsin Employment Relations Commission to submit a second panel of arbitrators from which the final selection will be made by the process of alternate strikes.

4/2/10 The fees and expenses of the arbitrator will be shared equally by the parties. If either party requests a transcript of the proceedings, the party requesting the transcript will bear the full costs for that transcript. The second party will have the right to copy the transcript. If such right is exercised, the second party will share equally in the cost of the original transcript. When an employee is subpoenaed by either party in an arbitration case, that employee may appear without loss of pay if he/she appears during his/her regularly scheduled hours of work provided the testimony given is relevant to his/her job function and is relevant to the arbitration case. On grievances where the arbitrability of the subject matter is an issue, a separate arbitrator will be appointed to determine the question of arbitrability unless the parties agree otherwise. Where the question of arbitrability is not an issue, the arbitrator will only have authority to determine compliance with the provisions of this Agreement.

4/2/11 The arbitrator will not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Agreement and will not make any award which in effect would grant the Union or the Employer any matters which were not obtained in the negotiation process.

4/2/12 The decision of the Arbitrator will be final and binding on both parties to this Agreement. The decision of the Arbitrator will be rendered within thirty (30) days from receipt of the briefs from the parties or the transcript in the event briefs are not filed.

When an employee is subpoenaed by either party in an arbitration case, that employee may appear without loss of pay if she/he appears during her/his regularly scheduled hours of work, providing the testimony given is related to her/his function or involves matters she/he has witnessed while performing her/his job and is relevant to the arbitration case. A subpoenaed witness who appears during her/his non-scheduled hours of work shall be guaranteed an appearance fee of thirty six dollars ($36.00).

4/3/1 In the interest of achieving more efficient handling of routine grievances, including grievances concerning minor discipline, the parties agree to the following special arbitration procedures. These procedures are intended to replace the procedure in Subsection 4/2/5-11 for the resolution of non-precedential grievances as set forth below. If either of the parties believes that a particular case is precedential in nature and therefore not properly handled through these special procedures, that case will be processed through the full arbitration procedure in subsection 4/2/5-11. Cases decided by these methods of dispute resolution shall not be used as precedent in any other proceeding.

Arbitrators will be mutually agreed to by the Wisconsin Education Association Council and the State Office of State Employment Relations (OSER) for both of these procedures during the term of the contract.

1. The cases presented to the arbitrator will consist of campus or work site issues, short-term disciplinary actions [five (5) day or less suspensions without pay], denials of benefits under s. 230.36, Wis. Stats., and other individual situations to which the parties mutually agree.

2. The arbitrator will normally hear at least four (4) cases at each session unless mutually agreed otherwise. The cases will be grouped by agency and/or geographic area and heard in that area.

3. Case presentation will be limited to a preliminary introduction, a short reiteration of facts, and a brief oral argument. No briefs shall be made. If witnesses are used to present facts, there will be no more than two (2) per side. If called to testify, the grievant is considered as one of the two witnesses.

4. The arbitrator will give a bench or other decision within five (5) calendar days. The arbitrator may deny, uphold, or modify the action of the Employer. All decisions will be final and binding.

5. Where written decisions are issued, such decisions will identify the process as non-precedential in the heading or title of the decision(s).

6. The cost of the arbitrator and the expenses of the hearing will be shared equally by the parties.

7. Representatives of OSER and the Wisconsin Education Association Council shall meet and mutually agree on an arbitrator.

1. The Wisconsin Education Association Council and OSER will meet with the Arbitrator no more than once every six (6) months.

2. The cases presented to the arbitrator will consist of campus or work site issues; short-term disciplinary actions [three (3) day or less suspensions without pay]; overtime distribution; and other individual situations to which the parties mutually agree.

3. Cases will be given an initial joint screening by representatives of the State Bureau of Labor Relations and the Wisconsin Education Association Council. Either party will provide the other with an initial list of the cases which it wishes to be heard on a scheduled hearing date at least forty-five (45) calendar days prior to a hearing date. This list may be revised upon mutual agreement of the parties at any time up to fifteen (15) calendar days prior to the hearing date.

4. Statements of facts and the issue will be presented by the parties, in writing, to the arbitrator at least seven (7) calendar days prior to the hearing date unless the arbitrator agrees to fewer days for that particular hearing date. If contract language is to be interpreted, the appropriate language provisions of the contract will also be provided to the arbitrator prior to the hearing.

5. Whenever possible, at least five (5) cases, grouped by agency and/or geographic area, will be heard at each session. The hearing site may be moved to facilitate the expeditious handling of the day’s cases.

6. The case in chief will be limited to five (5) minutes by each side with an opportunity for a one minute rebuttal and/or closing. No witnesses will be called. No objections will be allowed. No briefs or transcripts shall be made. The Grievant and Union representative, plus a OSER representative and the grievant’s supervisor, will be present at the hearing and available to answer questions from the arbitrator.

7. The arbitrator will render a final and binding decision on each case at the end of the day, unless the parties agree to a different timeframe for the issuance of the arbitration award. The arbitrator may deny, uphold or modify the action of the Employer.

8. The cost of the arbitrator and the expenses of the hearing will be shared equally by the parties. The grievant and Union representative will attend the arbitration without loss of pay.

4/4/1 Grievances not appealed within the designated time limits in any step of the grievance procedure will be considered as having been adjudicated on the basis of the last preceding Employer answer. Grievances not answered by the Employer within the designated time limits in any step of the grievance procedure may be appealed to the next step within seven (7) calendar days of the expiration of the designated time limits. The parties may, however, mutually agree in writing to extend the time limits in any step of the grievance procedure.

4/4/2 If the Employer representative with whom a grievance appeal must be filed is located in a work site other than that in which the grievance was processed in the preceding step, the mailing of the grievance appeal form will constitute a timely appeal if it is postmarked within the appeal period. Likewise, when an Employer answer must be forwarded to a work site other than that in which the Employer representative works, the mailing of the answer will constitute a timely response if it is postmarked within the answer period.

4/5/1 An employee may consult with his/her appropriate Union representative during non-instructional working hours for a reasonable period of time relative to a grievance matter. If a formal meeting to prepare the grievance for hearing is required, the employee will first contact the employee’s supervisor. The employee’s supervisor will arrange a meeting to take place as soon as possible for the employee with his/her Union representative through the Union representative’s supervisor.

4/6/1 Settlement of grievances may or may not be retroactive as the equities of particular cases may demand. In any case, where it is determined that the award should be applied retroactively, the maximum period of retroactivity allowed will be a date not earlier than thirty (30) calendar days prior to the date of initiation of the written grievance in Step One unless the circumstances of the case made it impossible for the employee to know he/she had grounds for such a claim prior to that date, in which case the retroactivity will be limited to a period of forty five (45) calendar days prior to the date the grievance was initiated in writing. Employees who voluntarily terminate their employment will have their grievances immediately withdrawn and will not benefit by any later settlement of a group grievance. Retirement will not be considered voluntary termination for purposes of this Section.

4/7/1 The grievance procedure set out above will be exclusive and will replace any other grievance procedure for adjustment of any disputes arising from the application and interpretation of this Agreement.

4/8/1 The number of Union grievance representatives and corresponding number of alternates will be as follows for the following jurisdictional areas.

B. State Historical Society of Wisconsin (Any other state agency located in Madison and not listed separately which employs education bargaining unit employees) (1 representative).

D. University of Wisconsin-System (6 representatives; UW-Madison, no more than 2 representatives; other campuses, no more than 1 representative per campus)

3. Southern Wisconsin Center for the Developmentally Disabled (1 representative)

5. Northern Wisconsin Center for the Developmentally Disabled (1 representative)

4/8/2 During the term of this Agreement, any new employing units with bargaining unit employees will be considered a jurisdictional area and will be allowed one representative and one alternate.

4/8/3 The Union will furnish to the Employer in writing the names of the grievance representatives for the above jurisdictional areas within thirty (30) calendar days after the effective date of this Agreement. Any changes thereto will be forwarded to the Employer by the Union as soon as the changes are made.

4/8/4 Each grievance representative designated by the Union will be an employee in the jurisdictional area for which he/she is the designated representative. No Union grievance representative will be assigned more than one jurisdictional area and no Union grievance representative will process grievances outside his/her jurisdictional area. The Union grievance representative will be the only Union representative to process Steps One or Two of all grievances that arise in his/her jurisdictional area except as provided in Article IV, Section 2, Step Two. A non-employee representative of the Union may be present as a representative at the Step Two grievance meeting as the Union may elect.

4/8/5 In addition the grievance representatives listed in 4/8/1, the Union may designate three (3) regional grievance representatives. Boundaries for the three regions will be established by mutual agreement of the Union and Employer. These representatives may represent bargaining unit members at any stage of the grievance or disciplinary process. In emergency situations, exceptions to the jurisdictional areas in Article IV, Section 7 may be agreed to with the Office of State Employment Relations. It is understood that this exception is not to be used to circumvent the obligation of the Union to designate jurisdictional grievance representatives.

4/9/1 Union officers who are members of the bargaining unit will have the right to file a grievance when any provision of this Agreement has been violated or when the Employer interpretation of the terms and provisions of this Agreement leads to a controversy with the Union over application of the terms or provisions of this Agreement. Such grievances must be designated as Union grievances at the initial step and must comply with the time limits previously set forth in this Article.

4/10/1 Group grievances are defined as, and limited to, those grievances which cover more than one (1) employee, and which involve like circumstances and facts for the grievant’s involved. Further, in a group grievance, only one (1) grievant, appearing without loss of pay, will be the spokesperson for the group. Group grievances must be so designated at the first step of the grievance procedure and set forth a list of all employees covered by the grievance. Relief is restricted to those employees identified by name in the group grievance. Individual grievances which meet the definition of group grievances as contained herein will be consolidated at each step of the grievance procedure whenever possible.

4/11/1 The grievant will be permitted a reasonable amount of time without loss of pay to process his/her grievance during his/her non-instructional working hours.

4/11/2 Union representatives will be permitted a reasonable amount of time without loss of pay to process grievances during their non-instructional working hours in their jurisdictional area.

4/11/3 The Employer is not responsible for any compensation of employees or Union representatives for time spent processing grievances outside their regularly scheduled hours of employment. The Employer is not responsible for any travel or subsistence expenses incurred by grievant’s or Union representatives in the processing of grievances. Whenever possible, grievance meetings will be at the employee’s work location and during the employee’s regularly scheduled hours of work. In processing grievances, the parties may agree to different communication techniques, such as conference calls or other techniques in lieu of face-to-face meetings. However, each party reserves the right to retain face-to-face meetings.

4/12/1 The parties recognize the authority of the Employer to suspend, demote, discharge or take other appropriate disciplinary action against employees for just cause. An employee who alleges that such action was not based on just cause, may appeal a demotion, suspension, discharge, or written reprimand taken by the Employer beginning with Step Two of the grievance procedure, except that written reprimands will begin with Step One of the grievance procedure. An employee will be entitled to the presence of the designated grievance representative at an investigatory interview if he/she requests one and if the employee has reasonable grounds to believe that the interview may be used to support disciplinary action against him/her. Whenever it is appropriate, the Employer will give the employee and the employee’s grievance representative advance notice of the Employer’s intent to hold an investigatory interview. An employee will be informed as to the allegations leading to investigations during the initial investigatory meeting.

4/12/2 Unless Union representation is present during informal counseling or performance evaluation, disciplinary action cannot be taken at such counseling or performance evaluation meetings. The occurrence of an informal counseling or performance evaluation meeting will not be used as the basis for or as evidence in any subsequent disciplinary action. Such a meeting can be used to establish that an employee had been made aware of the circumstances which resulted in performance evaluation or informal counseling.

4/12/3 When an employee has been formally notified of an investigation, and the Employer concludes no discipline will be taken at the present time, the employee shall be so advised. If a Union representative was present during the investigation, the Union representative shall also be advised. Such notification shall be provided in a timely manner.

4/13/1 Notwithstanding Section 11 above, the retention or release of probationary employees will not be subject to the grievance procedure.

5/1/1 Seniority for employees hired after the effective date of this Agreement will be determined by the original date of employment with the State of Wisconsin. Seniority for existing bargaining unit employees will be their seniority date as of the effective date of this Agreement. Seniority for employees who become members of the bargaining unit during the term of this Agreement will be their adjusted continuous service date as of the time they became members of the unit. When the Employer becomes responsible for a function previously administered by another governmental agency, a quasi-public, or a private enterprise, the seniority of employees who become bargaining unit members as a result of this change of responsibility will be their adjusted continuous service date which gives credit for their service with the other governmental agency, quasi-public, or private enterprise as of the date of the change of responsibility. Such non-state seniority will not be considered as seniority for layoff purposes for the length of this Agreement. In accordance with the above, the employee with the earliest date will be considered having the greatest seniority. Such seniority will be changed only where the employee is separated from state service by discharge, resignation or layoff.

5/1/2 Where separation has occurred and the employee is subsequently rehired, the date of rehire will begin the seniority date except that where within five (5) years of resignation an employee is rehired, his/her new seniority date will be the original date of employment adjusted to a new and later date which gives no credit for the period of resignation during which he/she was not an employee of the State.

5/1/3 Where an employee is laid off and recalled from layoff within five (5) years thereof, he/she will retain his/her original date of employment for the computation of seniority.

5/1/4 Where an employee is laid off and reinstated from layoff within five (5) years thereof, he/she will retain his/her original date of employment for the computation of seniority.

5/1/5 In the event two (2) employees have the same seniority date, seniority of the one as against the other will be determined by age with the oldest employee considered having the greatest seniority.

5/1/6 Management will be required to apply seniority as defined above only as specifically provided in this contract and subject to any limitations set forth in any particular Article or Section of this contract.

5/2/1 Information on seniority will be maintained in the appropriate employing unit offices and will be available to Union representatives or employees upon request.

6/1/1 Employees in this bargaining unit are professional employees and, as such, are paid a predetermined salary each week irrespective of the number of hours worked in a workweek.

6/2/1 Hours of work are defined as those hours of the day, days of the week, for which the employees are required to fulfill the responsibilities of their professional positions. The standard basis of employment is forty (40) hours in a regularly reoccurring period of one hundred and sixty eight (168) hours in the form of seven (7) consecutive twenty four (24) hour periods.

6/3/1 A. Permanent changes in the hours of the day shall be made only to meet the operational needs of the service which shall be explained, and shall not be made arbitrarily. A minimum of thirty (30) calendar days notice will be provided to the Union and to employees affected by such a change in work schedule. With management approval, employees may voluntarily agree to such changes in work schedules. Union notice is required for voluntary schedule changes.

6/3/2 B. Permanent changes of shift or days of the week shall not be made unless locally negotiated. However, employees may voluntarily agree to such changes. Union notice is required for voluntary changes. This paragraph will sunset June 30, 2009, and will be extended by any extensions thereof.

6/3/3 The Employer will give the employees advance notice of permanent changes in the work schedules under 6/3/1A above to allow for discussion at the local Union-Management Meeting prior to implementation of such change.

6/4/1 A. Compensatory time credit, not necessarily on an hour-for-hour basis, may be earned for hours worked in excess of forty (40) hours in a workweek for special assignments such as field trips, coaching, club or activities or special duty assigned by the Employer. Compensation for these credits will be in compensatory time off or cash. The method of payment will be determined by the Employer. The Employer will determine the amount of compensatory time credit for as many of these assignments as possible prior to the performance of these assignments. Problems with compensatory time will be an appropriate topic for discussion at the local Union-Management Meetings. Problems not resolved at the local Union-Management Meetings will be resolved at a statewide Union-Management Meeting provided in Article II, Section 5. (See Negotiating Notes #6A and #6B for a listing of some activities which will earn compensatory time when assigned at t