THE UNIVERSITY OF TENNESSE AT CHATTANOOGA

Exempt Staff Council Meeting

February 15, 2005

Fortwood Room, University Center

Representatives attending: Nancy Amberson, Jim Bowman, Jean Dake, Shirl Gholston, Ellen Neufeldt, Nate Pinkard, Matt Pope, Charles Scott, Janet Spraker, Cynthia Wallace.

Others in attendance: Dan Webb, Director, Office of Human Resources; Melanie Sadler, Administrative Secretary, Office of Human Resources.

Call to Order: Ms. Dake called the meeting to order.

Minutes: Motion was made and seconded to approve the minutes of the January 18, 2005 meeting.

Executive Council Update

The Executive Council has met once since the last ESC meeting. The UT Board will meet in Chattanooga next month and the naming of the Joe Johnson apartments is expected at that time.

Performance Appraisals

Ms Neufeldt said it was announced at the UT Leadership Institute that evaluations are due March 31 for review for merit increases. It was unclear at the meeting as to whether or not this applies to Chattanooga.

Approximately four years ago, a task force recommended using the regular continuous service date to determine when an evaluation was due. Mr. Webb said using that date has pros and cons and was not well received by several Vice Chancellors who preferred to use a standard deadline in their division. Mr. Webb asked members what deadline they would like to see used. Members agreed that flexibility of a due date, whether it is based on an academic year (Aug 1 – July 31), fiscal year (July 1 – June 30), or federal grant year (Sept 1 – Aug 31) would make an evaluation a more useful tool.

Merit Pay

Governor Bredesen’s proposed budget includes a state funded 1% increase to the base pay and a 1% one-time bonus paid by the university. Dr. Petersen has proposed using the bonus for merit pay although plan details have not been disclosed. Ms Dake will attend the Employee Relations Board meeting in Nashville on February 16. At that time she will present to Dr. Petersen the following statement drafted by ESC representatives concerning merit pay:

Merit pay is a wonderful luxury and we would love to embrace it at a time when our budget allows us to first achieve cost-of-living increases and equity.

Compensation Committee

Budget presentations are scheduled the week of March 21. The Compensation Committee will meet soon to discuss the ESC’s presentation at the hearings.

Pay Scale

It has been the practice in the UT system to adjust the minimums of the pay grades in the Non-exempt pay schedule on a periodic basis. This has been done as across the board increases have been given and to keep up with the Cost of Living. In the past the pay schedules for all campuses were adjusted by the same values and at the same time. In 2003, each campus was allowed to determine how much to increase the pay grade minimums of their salary schedule. The salary schedule for UTC has not increased since September 2001; UTK has increased the minimums in their non-exempt salary schedule twice in since September 2001. Knoxville has also implemented separate (and higher) pay schedules for crafts, IT, police, and technical positions. (The pay scale at Memphis has always been higher than that used by other campuses due to the cost-of-living and different job market.)

The minimum pay for custodians at Chattanooga was recently increased to $7.10 through internal reallocation. As part of the non-exempt compensation plan, wage rates for regular non-exempt staff who were hired before July 1, 2004 were raised to the then current pay grade minimums in use at UTK. Since that time, the UTK pay grade minimums for the two lowest pay grades have increased. UTC still uses the September 2001 pay schedule for hiring term and regular non-exempt staff.

United Campus Workers

The National Labor Relations Act establishes guidelines with respect to collective bargaining and unfair labor practices. Since the NLRA specifically excludes governmental entities, its does not apply to the state of Tennessee or any of its agencies, including UT. What this means for UTC is that the University is not obligated to bargain with or recognize any union.

The United Campus Workers (UCW) claims to represent approximately 200 employees in throughout the UT system and less than 40 individuals in Chattanooga. (Since the University has not been given names of individuals we are unable to verify whether those the UCW claim as members are actually University employees.) The First Amendment of the US constitution guarantees freedom of assembly and association. Under this constitutional guarantee, employees may associate with and join any organization they choose, including UCW or any other union. However all normal work rules still apply in the case of non-work related activities in which employees may engage while on work time. Specifically, employees need not be allowed to use work time to solicit other employees for union membership or to conduct other non-work activities. Employees should however be permitted to discuss whatever they like, including unions, during non-work hours such as unpaid lunch periods and regular break times and in public areas (as opposed to a specific work place or work station). Mr. Webb added that supervisors have the right to meet privately with an employee at any time to discuss any work related issue. Employees have no right to demand they be accompanied to a meeting with a supervisor by a union representative or any other employee. It is the supervisor’s option to chose to permit an employee to accompany another employee to a meeting with his supervisor. Mr. Webb recommended that before a supervisor permits or refuses a request by an employee to be represented by another employee in a meeting, that supervisor should contact Human Resources. Under NO circumstances should any supervisor permit an individual who is not a coworker and an employee of the University to accompany an employee in a meeting with his supervisor without contacting Human Resources.

Mission Statement Review

The task force met and there was a consensus that the Mission Statement needs revising. Marvin Ernst, Chair of the Task Force, will present recommendations to Dr. Obear.

Policy & Procedures Committee

The committee will meet soon in a combined meeting with the ERC Policies/Procedure Committee. Mr. Bowman and Ms Wallace expressed interest in serving on the committee.

Impact on UTC from President Bush’s Proposed Budget

President Bush’s budget to Congress has proposed the elimination of Upward Bound, Upward Bound Math/Science, and Gear UP. If enacted, if would mean the end of the nearly thirty year old Upward Bound program and three Gear UP programs, according to Ms Wallace.

Finley Stadium

Monies from the city, county, and a single private donation have been secured to purchase turf for Finley Stadium. The turf will be supplied from a company in Dayton, TN and will be a prototype for the company; Finley is expected to be the only stadium in the country with this particular turf. Mr. Pope said enough money was raised to also purchase maintenance equipment and a tarp to cover the field. The turf is expected to have 7-8 years longevity.

If UTC acquires the stadium there will be no state funds provided; however, the university would make money from signage, advertising rights, and concessions. Ms. Spraker added that Facilities has an employee with extensive knowledge of turf maintenance.

Donations to Rosalyn Talley

Ms Dake spoke with Dr. Rivers, Children’s Center Director, about how the ESC could help Ms. Talley, whose home was lost in a fire. Dr. Rivers suggested giving money because the family is staying in an apartment and does not have a place to store donated goods. Mr. Webb said that given the family’s immediate need, the best option would be to contact Teresa McKinney if an employee wishes to make a donation. Ms. Dake will speak with Marge Fergason, ERC Chair, to see what the ERC would like to do.

Adjournment: The meeting was adjourned.

Next meeting is March 15, 2005 in the Fortwood Room, University Center.

Respectfully Submitted,

Melanie Sadler

Administrative Secretary

Office of Human Resources