MSU Administrative Professional Association

Per the ratified 2014 – 2017 APA Wage and Health Care Agreement, union members are slated to receive an additional lump sum payment in their January 2014 and January 2015 paychecks.

After being notified by the University that they knowingly and unilaterally intended to violate the mutually ratified 2014 – 2017 APA Wage and Health Care Agreement, the APA immediately notified the membership on January 15 via the APA ListServ.

Specifically, the University informed the APA that they planned to issue partial payment in member’s January paycheck.  Specifically, they indicated that members would be issued a gross, lump sum payment of $1,042.43, subject to taxes, deductions, and any other garnishments.

Per the ratified contract, payment shall be issued in full for 100% full-time equivalent (FTE) status employees as of January 1, 2014 and reduced on a proportional basis for part-time employees.

Challenging the ratified agreement, an MSU retiree filed a lawsuit asserting he should be included in the payment.  As members should recall, the ratified agreement only applies the benefit for current APA members.

In a disappointing response, the University chose to file a legal maneuver with the local court called an interpleader claim.  The function of University’s filing with the local court means the University reduced the total aggregate amount that was negotiated and ratified for a payment disbursement in member’s January paycheck.  That money the University has concluded as in dispute has now been left to the court to determine who has the legal right and interest to those funds.

The APA expressed a great deal of disappointment with the University’s response to our mutual and legally ratified agreement.  We believe the union will prevail in this lawsuit and we are confident that the total amount negotiated in our ratified wage and health agreement must be provided to current union members.

In an effort to enforce our contract as ratified, the Michigan Education Association is providing full assistance and using all legal means necessary to ensure the APA Wage and Health Care Agreement is enforced as ratified by the APA membership and the University.

Again, members should receive a gross payment in their January paycheck of $1,042.43 subject to taxes, deductions and any other garnishments.  The APA will continue to keep members informed of any developments.

APA Union = Job Security

Know Your Rights

Working at MSU as a union member allows an employee to focus on job performance, professional development, and productivity, not on fear and uncertainty. This environment contributes to the successful educational experience at MSU. MSU APA bargains and enforces the working conditions, benefits, and wages for the members, which provide the workplace security.

The strength of the relationship between APA and MSU is essential in solving workplace concerns before they become discipline issues. APA is a resource for all job-related matters, not just a representative in disciplinary situations. Many times we assist in problem solving through work place issues that may not be contractually related.

Call the APA office at (517) 353-4898 or email [email protected] for any assistance related to your work environment, or any contractual issue. Member calls made to the office are confidential.

The APA can provide assistance and resources on a myriad of issues including: any contractual or employment law issue (a common issue is Family Medical Leave [FMLA]); procedure for reclassification; layoff information; evaluations; Performance Improvement Plan (PIP); overtime/compensatory time issues; or call-in/standby pay issues. Many members commonly request advice on how to handle a challenging work interaction. Job security is ensuring an APA member is provided all the benefits and working conditions that are contractually bargained.

The cornerstone of job security is the difference between an “at will” employee and one with just cause as the defining difference of a unionized work environment. A non-unionized workforce is “at will” which allows the employer to terminate an employee for any reason not legally protected such as race, gender, or ethnic origin.

A union contract ensures the process of just cause that guarantees appropriate due process and a consistent system of fair treatment. The standards of just cause include reasonableness of work rule, appropriate notice, a fair investigation (due process) with objective evidence, equally applied work rules, and appropriate discipline. Essentially just cause requires the supervisor or employer to be thorough and competent as a manager when dealing with employee discipline.

No one wants to be in a potential disciplinary situation, but it is important to be prepared and have representation.

For this installment of APA Questions From The Trenches, we asked APA President Maury Koffman to highlight the main questions raised by members in response to the communication around the January 2014 Lump Sum bonus payment.

What is the gross payment members will receive now that the University has violated our agreement and issued only partial payment in our January 2014 paycheck?

Members should have received a gross, lump sum payment of $1,042.43, subject to taxes, deductions, and any other garnishments.  Per the ratified contract, the $1,042.43 will be issued in full for 100% full-time equivalent (FTE) status employees and reduced on a proportional basis for part-time employees.  The balance would be issued in a similar manner to the outcome of the pending lawsuit.

 

What makes someone eligible for the payment?

To be eligible for the payment, the individual must have been actively employed in a union represented position and be MSU health care benefits eligible on January 1, 2014.  Even if a member invoked the health care waiver, s/he was still eligible for the lump sum payment if s/he met the identified criteria.  And, if both the individual and his/her spouse/OEI were eligible for the payment, both APA members should have received the payment.

How will the January 2014 payment be issued?

The payment was considered special pay and should have been included in the member’s January 2014 regular paycheck.

Now that a portion of the payment is in dispute, if I was eligible for the full payment as of January 1, 2014 but I subsequently leave MSU before the amount in dispute is settled through the courts, will I still receive the amount that was wrongfully withheld by the University?

Until the court hears the case and renders a decision, how we proceed is unknown.  Yet, if all terms of the contract remain as they are today, the requirements and eligibility would be the same and all employees who were active as of January 1, 2014 and MSU health care benefits eligible would receive the payment, even if they subsequently left MSU after the January 1 date.

I understand we were only issued partial payment in January 2014.  What was the full amount had the University complied with the mutually ratified Wage and Health Care Agreement?

Had the University proceeded with the legally binding agreement, the APA anticipated full payment to have been roughly $1,350 for 100% FTE bargaining unit members.

What are the steps from here?

In an effort to enforce our contract as ratified, the Michigan Education Association is providing full assistance to the APA and using all legal means necessary to ensure the Wage and Health Care Agreement is enforced as ratified by the APA membership and the University.  The court has not yet announced a hearing date.  The APA will continue to keep members informed of any substantive updates related to the payment.

 

Who should I call with my additional questions?

APA members should feel free to contact the APA office at 517.353.4898 or via email at [email protected] with any questions or concerns.

Steve Hadersbeck, Planner/Inspector/Analyst III

(Chm West Michigan)

How long have you been at MSU? 

I have been at MSU for 16 years.

Have you been a member of APA the whole time? 

Yes

Can you tell me a little bit about what you do?

I am the facilities manager for the College of Human Medicine, which is headquartered at the Secchia Center in Grand Rapids.  My responsibilities  are diverse and include: Managing service contracts for the maintenance of HVAC, Life Safety, Elevators, Electrical systems, Lighting, Interior-Landscape, Exterior maintenance of the building and Landscape;  Energy Management; I oversee improvements and construction projects; Assist in Life Safety implementation; Handle Interior furniture procurement/repair/replacement; Maintain Space utilization documentation;  Oversee Environmental Management of Secchia Center toward LEED O&M standards at the Gold Level;  I Manage the Keying system in conjunction with the Key Shop on Main Campus;  Also, I Update Architectural & Mechanical plans in AutoCAD format for any changes to the original design so that we always have current as-built drawing.

What brought you to your job at MSU?

I am a Landscape Architect  (LA) by education and Michigan registration.  The department of Campus Park and Planning recruited me as a LA to design and manage exterior construction projects, I joined a team of 3 LA’s already on staff at the time.   So I have had my fingers on many changes to the exterior environment at MSU.  My first project was the Biomedical  and Physical Science building complex which included the exterior courtyard between the Chemistry, Biomedical and Bio-Chemistry.  After a few years the LA’s were moved to the Engineering and Architectural Services department within Physical Plant (now known as Infrastructure Planning and Facilities) and performed the same design and project management functions.  My last project before coming to Secchia Center was as the MSU design project manager for the Farm Lane Underpass project and the Surplus and Recycling Center .  I was assigned to this project because I  had the most experience with MDOT projects as a result of my work on the Trowbridge Extension into Campus.

My move to the College of Human Medicine  as the Facility Manager for the Secchia Center, was really a once –in-a-lifetime opportunity.   The job assignment was to participate in the design of Secchia Center,  assist in the construction management  and then oversee the operation upon completion of construction.   This was the first time in MSU history (I was told) that brought the facility manager for a new building into the design and construction process.

What do you love about working at MSU? 

There are so many reasons I love about working a MSU,  foremost is the people who work at MSU.  Working as a team to solve problems and wrestle through change together.  The encouragement of continuing education.  Being part of something bigger than me. 

Can you tell me a little about the benefits and challenges of working at the Secchia Center/Grand Rapids campus? 

One of the benefits is that I have lived in Grand Rapids during most of my 16 yrs at MSU and now it only takes 8 minutes to work instead of 1 hour and 10 minutes to Lansing.  My experience in design and project management at MSU has made the transition extremely easy, basically because I know how to get things done quickly within the MSU organization.   The most difficult thing was the fine tuning process of getting a new building operating the first year,  to say it was at times a nightmare would be an understatement.  Most people think that a new building should be like a car driven off the dealers lot…. It works perfectly.  However, with a new building you’re taking tried and true equipment and materials, placing them  together and with some programing hoping it all works great.  However,  to truly get a building operating you  need the four seasons of Michigan to really fine tune it.  I lacked the experience of the HVAC systems, relying heavily upon the service contractors to solve problems.  They were the Master… I was the grasshopper.  MSU offered me a great learning experience.  I have basically taken my profession in design full circle, from the beginning of an idea to full operation.  Something few designers ever get to do.

What do you like to do when you are not at work? 

I confess I’m a workaholic.   I enjoy gardening, fixing things, science fiction movies, I co-teach a bible class at my church and several times a week (when I get home from work) crash on the couch.  At the moment my leisure focuses is as a volunteer working for Partners in Compassionate Care  www.pccsudan.com  who has built a hospital called Memorial Christian Hospital in Werkok, South Sudan, Africa.   My work is with the construction team helping with facility planning, building design, preparing construction documents and organizing construction projects, I joined the group about 5 month ago.   The recent outbreak of war in South Sudan has placed a damper on the organizations construction projects, but hasn’t dampened the efforts to provide hospital care and assistance to the refugees.   I haven’t been to Memorial Christian Hospital at Werkok, South Sudan yet but hope to this time next year.  So you see, when your life is design, your leisure becomes design.

This year’s event will be on Thursday, April 24, 2014 with activities and department tours happening across the University.  This is a wonderful opportunity for children to come to campus to be inspired by the careers of the adults in their lives.  Many departments do not require their employees to take personal time to participate in the day’s events, make sure to speak with your supervisor to find out!

This year’s event will be on Thursday, April 24, 2014 with activities and department tours happening across the University. This is a great opportunity for children to come to campus to be inspired by the careers of the adults in their lives!  Many departments do not require their employees to take personal time to participate in the day’s events.

In life’s harder moments, help is available. All of us have moments in our lives when things can seem too big and overwhelming. We may be confronted with a problem we have never had to face before and not know what to do about it. We may experience a trauma or loss that overwhelms our current coping skills and leaves us with intense feelings of stress.

If we have moments like this and try to ignore them, stress tends to build up. Emotionally turbulent times take a toll on our physical bodies as well. Sometimes we deal with emotional and physical upset by behaving in ways we believe will reduce our stress (isolating ourselves, drinking more alcohol, eating, smoking, gambling, etc.), but these behaviors can further complicate the situation.

For employees of MSU and their family members, another option exists. There is no need to go through moments like this alone and without support. The MSU Employee Assistance Program (EAP) is available to you as part of your employment benefits. The EAP offers free, confidential, short-term counseling for MSU employees and their immediate family members. Sometimes people use their sessions to work through a specific issue in their work or personal life. Others use their sessions to get a sense of what is happening in their emotional world.

Occasionally, people are concerned about depression, anxiety attacks, or may wonder if they have a drinking problem. The EAP staff will work with you on these issues during your sessions, and may also refer you to a counselor or other resources in the community so you can continue to obtain any needed help or support.

Don’t wait for a crisis. People sometimes experience low moods or high levels of stress, and in those moments, it is hard to find your own way, make healthy decisions or determine the next best step.

If you find yourself in this position, please feel free to utilize your contracted EAP benefit. If you notice a coworker having a tough time in their life, encourage them to take advantage of the MSU EAP. Effort is made to hold sessions at times that are convenient for employees and/or family members.

To locate and contact EAP, please visit their website at http://eap.msu.edu