AFSCME 2005-2008 Contract

ARTICLE 25 - PROFESSIONAL DEVELOPMENT

Section 1. Tuition Remission.

A. Full-time Employees.
1. Eligibility.

a. All full-time employees of a State or Community College who are paid from the AA Subsidiary Account, and who have completed at least six (6) months of service as of the date of enrollment, shall be eligible for system-wide tuition remission benefits. Employees on paid leave of absence or industrial accident leave remain eligible during the period of any such leave. Employees on unpaid leave shall remain eligible for a maximum of one calendar year. Retired or former employees shall not be eligible; however, the spouse and dependent children of retired, former, or deceased employees may retain eligibility under certain conditions (see c, d, and e below).

b. The spouse and dependent child or children of any eligible employee shall also be eligible for system-wide tuition remission benefits. A “dependent child” shall mean any natural, adopted or step child who is claimed as a dependent on the eligible employee’s Federal Tax Return for the tax year immediately preceding enrollment. No employee’s child beyond the age of twenty-five (25) shall be eligible for tuition remission; provided, however, that in exceptional circumstances and for good reason the President of the public college or university granting the tuition remission may waive this age limitation for an employee’s child who continues to meet the IRS standards of dependency.

c. If an eligible employee retires while a child or spouse is enrolled in a program of study or degree program, the spouse or child may complete such program with tuition remission, provided that enrollment is continuous.

d. If an eligible employee who has completed at least five (5) years of full-time equivalent service dies, the surviving spouse and children shall be eligible to enter and/or complete one full program of study or degree program with tuition remission. The term “program” as used in this Section D and the above Section C shall include, but not be limited to, any program of study begun at a Community College and continued without interruption through the bachelor’s degree at a State College or University.

e. If an eligible employee leaves the employment of public higher education under conditions other than those described in C and D above while a spouse or child may complete the semester already begun, at the end of the semester his/her eligibility for tuition remission terminates.

2. Applicability.

Tuition remission shall be provided to eligible employees, their spouse and dependent children as follows:

a. For enrollment in any State-supported course or program at the undergraduate or graduate level at any Community College, State College or University excluding the M.D. Program at the University of Massachusetts Medical School, full tuition remission shall apply.

b. For enrollment in any non-State-supported course or program offered through continuing education, including any community service course or program at any Community College, State College or University, fifty percent (50%) tuition remission shall apply.

c. Tuition remission shall apply to non-credit as well as credit-bearing courses.

3. Limitations.

a. Employees (or their spouse or dependent children) receiving tuition remission are responsible for the payment of all other educational costs, including fees (application, laboratory, etc.), books and supplies.

b. Employees (or their spouse or dependent children) must apply for admission and meet all admissions standards for the desired course/program.

c. Admission to all courses/programs in continuing education is on a space available basis. Further, each local campus administration reserves the right to cancel any continuing education course in which a minimum number of full tuition-paying students, as determined by the administration, have not enrolled.

d. Tuition remission benefits are non-transferable.

e. Effective July 1, 2007, employees who take a course on their own campus shall be allowed to take such course without payment of fees.

4. Certification Process.

To qualify for tuition remission, an employee must take the following steps:

a. Apply for, and be admitted to the desired course/program.

b. Complete a “Certificate of Eligibility for System Wide Tuition Remission” (Appendix F) and have it signed by his/her Department Head or Supervisor and by the Chief Human Resources Officer of the college at which he/she is employed. If the tuition remission is to be used by the employee’s spouse or dependent child, the name and relationship of this individual should be indicated on the certificate. The certificate should be completed as far in advance of the date of enrollment as possible.

c. Submit the completed Certificate of Eligibility with his/her tuition bill to the college or university at which he/she plans to enroll. The employee (or his spouse or dependent children) must remit payment at the same time for costs not covered by tuition remission.

d. It is the responsibility of the employee to insure that the Certificate of Eligibility is approved in a timely fashion. Retroactive tuition rebates will not be made except in unusual circumstances beyond the control of the employee.

5. Continuation of Existing Benefits.

The implementation of this policy shall not limit or preclude any tuition remission benefits currently enjoyed by higher education employees under the terms of applicable collective bargaining agreements or personnel policies.

6. Interpretation of this Policy.

The Chancellor or his designee shall have the sole authority to resolve any dispute concerning the interpretation and application of this policy. The Chancellor may amend or modify this policy from time to time as he deems appropriate and necessary. No dispute or claim of benefits arising from this policy shall be the subject of a grievance or arbitration procedure.

7. Study Committee on Cost Effectiveness.

Within one hundred and twenty (120) days of the execution of this Agreement, there shall be established a Joint Committee on the cost effectiveness of extending the fee waiver to the spouse and/or dependent child(ren) of eligible employees at the campus at which they are employed. Said Committee shall review the implications of the expansion of the fee waiver and report their findings to the Chancellor of the Board of Higher Education. Nothing in this section shall prohibit the extension of fee waiver provisions during the term of this Agreement.

B. Part-time Employees.
1. Eligibility.

a. All part-time employees who are members of a collective bargaining unit, who are paid from the AA Subsidiary Account, and who have completed at least six months of full-time equivalent service as of the date of enrollment, shall be eligible for system-wide tuition remission benefits. No other part time employees shall be eligible for system-wide tuition remission.

b. The spouse and dependent child or children of any eligible part-time employee shall also be eligible for system-wide tuition benefits. The age limitation and IRS dependency standards set forth in the Board’s System-Wide Tuition Remission Policy shall apply to children of eligible part-time employees.

2. Applicability.

Tuition remission shall be provided to eligible part time employees, their spouse and dependent children as follows:

a. For enrollment in any State-supported course or program at the undergraduate or graduate level at any Community College, State College or University, excluding the M.D. program at the University of Massachusetts Medical School, fifty percent (50%) tuition remission shall apply.

b. For enrollment in any non-State course or program offered through continuing education, including any community service course or program, at any Community College, State College or University, twenty-five percent (25%) tuition remission shall apply.

c. Tuition remission shall apply to non-credit as well as credit-bearing courses. In all other respects, the provisions of the Board’s System-Wide Tuition Remission Policy shall be applicable to eligible part-time employees.

Section 2. Educational Leave.

Full-time employees may, upon application and approval, be granted leave of absence with pay for educational purposes to attend conferences, seminars, briefing sessions or functions of a similar nature that are intended to improve or upgrade the individual’s skill or professional ability. The employee shall not suffer any loss of seniority or benefits as a result of such leave.

An employee may be allowed to take one (1) course per semester during said employee’s regular hours of work. As a consequence of taking a course during regular work hours, an employee’s tour of duty shall be adjusted so that in addition to the time during which an employee is released to take such course, said employee will be scheduled for a complete tour of duty. In calculating the tour of duty under such circumstances an employee must take a minimum of thirty (30) minutes as a regular meal break and must include sufficient time, as determined by the Chief Human Resources Officer, to travel to and from the work area to the class location.

Section 3. Board of Higher Education Level Training Committee.

The Employer and the Union agree to establish a Board Level Training Committee for the State and Community Colleges covered by this Agreement. The Committee shall consist of six (6) members appointed by the Board and six (6) members appointed by the Union. In addition, the Chancellor of the Board or designee shall designate the chairperson for management, and the Union shall designate the chairperson for the Union.

Trust Fund employees shall be fully eligible for participation in all training programs established by their respective Committee.

The Committee shall meet at least four (4) times per year unless mutually agreed otherwise. The committee shall determine:

1. The content and priority of training and/or retraining programs;
2. The location (i.e., on-site, regional, statewide) of such programs; and,
3. The criteria for selection of participants.

Funding for local, regional and statewide programs shall be provided by the Board. To maintain the in-service training program, the Employer shall provide a fund of thirty-five dollars ($35.00) per full-time equivalent employee on the payroll as of July 1, 2005. On July 1, 2006, the Employer shall add to the fund thirty-five dollars ($35.00) per full-time equivalent employee on the payroll as of said July 1, 2006; and, on July 1, 2007 shall add to the fund thirty-five dollars ($35.00) per full-time equivalent employee on the payroll as of said July 1, 2007.

Section 4.

The employer recognizes their responsibility to provide orientation/training related to the implementation of new equipment/technology.

Section 5.

The parties agree that should a unit member feel threatened by the content of a mandatory training course or seminar, the course content of such program shall be reviewed by the CEO and subsequent to such review the CEO will discuss his/her findings with the Chief Steward for the unit.

Section 6. Maintenance of Licensure.

Effective July 1, 2006, the Employer shall reimburse Employees for the maintenance and renewal of licenses and certifications required by the Classification Specification to which they are appointed. Said maintenance and renewal shall include in-service/continuing education required to maintain said licenses. This provision shall not apply to the requirement to have and/or maintain a Class D Massachusetts Drivers’ License or equivalent.