THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE Board of Trustees of Montgomery Community College (the "Board") and the Montgomery College Staff Union of the American Federation of State, County and Municipal Employees, AFL-CIO, Local 2380 of Council 67, Maryland Public Employees (the "Union").

ARTICLE 1 - RECOGNITION OF UNION

Section 1.1 - Management Defined.

Whenever used in this Agreement, the term "Management" shall mean the Board and/or the College personnel designated by the Board to implement and administer the Board's policies.

Section 1.2 - Exclusive Representative.

The Board recognizes the Union as the exclusive representative of the employees defined in Section 1.3(A) of this Article, for the purpose of collective bargaining as defined in Section 16-412(a)(4) of the Education Article of the Annotated Code of Maryland (the "Act").

Section 1.3 - Employee Defined.

(A) Employees in the Bargaining Unit.

Whenever used in this Agreement, the term "employee" shall mean non-professional administrative, maintenance, housekeeping, clerical, and technical employees with the job titles set forth in Appendix One, but excluding all employees directly involved in the determination of policy, supervisors and confidential employees, as defined in Section 16-412(A)(6) and (17) of the Act; employees whose salaries are funded from grants and not from revenues generally available at the present time to all community colleges pursuant to Title 16 of the Education Article of the Annotated Code of Maryland; faculty and other professional employees; lead workers; temporary employees; security employees; senior administrative aides, network engineering specialists, computer support specialists, student assistants; employees regularly scheduled to work less than twenty (20) hours a week, and all other employees.

(B) Regular Part-Time Employees.

Employees who are regularly scheduled to work at least twenty (20) hours but fewer than forty (40) hours in a work week are regular part-time employees, and are provided certain benefits available under Articles 7,8,9, and 11 of this Agreement on a pro-rated basis, calculated based upon the proportion that their work week is to a forty (40) hour work week.

ARTICLE 2 - MANAGEMENT FUNCTIONS

The parties agree that Management has the obligation and authority to direct and control the mission and work of the College. To that end, all management rights and prerogatives, written or unwritten, which are not expressly limited, modified, or restricted by the text of this Agreement, are retained exclusively by Management and may be exercised by Management at its sole discretion. These management rights and prerogatives include, but are not limited to, all rights and prerogatives granted by applicable law; the right to generally determine and effect the mission of Montgomery College; to determine the academic calendar, including the number and dates of work days for employees, and the commencement and ending of each work day; to expand, reduce, alter, combine, transfer, or terminate any position(s), department(s), program(s), or service(s); to allocate and expend funds and determine financial policies and procedures of Montgomery College; to control, regulate, and determine the use and location of all Montgomery College facilities, including campuses, machinery, equipment, buildings, other property, and support services; to set the standards of productivity, the services to be rendered and functions to be performed; to initiate, design, develop, adopt, modify, delete, approve, schedule, and authorize all programs to be offered by Montgomery College; to determine the size and composition of the work force; to introduce new or improved research and operational methods; to evaluate applicants and select individuals for employment; to evaluate employees for purposes of salary increases, retirement, classification, promotion, demotion, transfer, layoffs and recall; to determine program content; to assign work; to determine qualifications of employees; to grant regular status to probationary employees; to discipline and discharge employees for just cause; to grant salary increases and to retire, classify, promote, demote, transfer, lay off and recall employees; to recognize employees for outstanding service and special contributions to Montgomery College; to subcontract or use independent contractors in fulfilling the mission of Montgomery College and in undertaking any and all functions or activities for which Management might otherwise use personnel employed by Montgomery College; to establish, modify and enforce policies, rules, regulations, procedures, and standards not in conflict with an express provision of this Agreement; and, in all other respects, to plan, manage, evaluate, administer, govern, organize, control, and direct Montgomery College, its operations and personnel. Management, in not exercising any function reserved to it in this Article 2, or in exercising any such function in a particular way, shall not be deemed to have waived its right to exercise such function or preclude Management from exercising the same in some other way.

ARTICLE 3 - GRIEVANCE PROCEDURE

Section 3.1 - Standard Procedure.

(A) Definition of Grievance.

A grievance is an allegation by an employee that Management has violated an express provision of this Agreement and that such employee has been personally aggrieved thereby.

(B) Procedures.

An employee shall attempt to resolve any potential grievance informally with his or her immediate supervisor prior to initiating the formal grievance procedure. The failure of an employee to attempt to resolve a grievance informally shall be sufficient reason for the denial of a formal grievance. If a grievance cannot be resolved through informal discussion with an immediate supervisor or department chairperson it shall be processed as follows, except that a grievance based upon suspension or a recommendation for discharge shall be handled pursuant to Section 3.1(D) below.

Step 1.

Within ten (10) days of the event giving rise to the grievance or after the employee reasonably should have known of the event giving rise to the grievance, the aggrieved employee may submit a written grievance to the next level supervisor (e.g., campus director or dean) in the employee's chain of command, with a copy to the Director of Human Resources and the Union. This supervisor shall schedule a meeting with the employee to be held within ten (10) days of receipt of the written grievance. The supervisor shall submit a written answer to the aggrieved employee within ten (10)

days of such meeting, and provide a copy of the answer to the Director of Human Resources and the Union.

Step 2.

In the event the grievance is not satisfactorily adjusted at Step 1, the aggrieved employee, within ten (10) days after receipt of the Step 1 answer, may submit a written appeal of the Step 1 answer to the College-wide director or Provost in the employee's chain of command, or his or her designee, with a copy to the Director of Human Resources and the Union. The director, Provost, or designee shall schedule a meeting with the aggrieved employee to be held not more than fourteen (14) days after receipt of the Step 2 appeal. The director, Provost, or designee shall submit a written answer to the aggrieved employee within fourteen (14) days after the Step 2 meeting, with a copy to the Director of Human Resources and the Union.

Step 3.

In the event that the grievance is not satisfactorily adjusted at Step 2, the aggrieved employee, within ten (10) days after receipt of the Step 2 answer, may submit a written grievance appeal to the Director of Human Resources or the Director of Human Resources' designee, with a copy to the Union. The Director of Human Resources or the Director of Human Resources' designee shall schedule a meeting with the aggrieved employee to be held not later than fourteen (14) days after receipt of the Step 3 appeal. The Director of Human Resources or the Director of Human Resources' designee shall submit a written answer to the aggrieved employee within fourteen (14) days of such meeting, with a copy to the Union.

(C) Written Presentation.

Any grievance presented at Steps 1 through 3 of this Section 3.1 shall be in writing on a form provided by Management, shall be signed by the aggrieved employee, shall set forth the specific provisions of the Agreement alleged to have been violated, and shall set forth the specific relief sought by the aggrieved employee, or the grievance shall be deemed to have been waived.

(D) Procedure in Cases of Suspension or Discharge.

An employee recommended for suspension without pay or discharge shall receive written notice of the basis for the suspension or discharge, the evidence against him or her, and the opportunity to present his or her side to the suspending authority. A grievance regarding a suspension without pay or discharge shall be filed with the Director of Human Resources within ten (10) days of the date of suspension or discharge. The Director of Human Resources or the Director of Human Resources' designee shall process the grievance at Step 3 of the grievance procedure.

(E) Union Representation.

(1) Copies of Written Grievances.

Upon receipt of a written grievance or written appeal submitted by an employee in accordance with the procedure set forth in Steps 1 through 3 of this Section 3.1, Management shall furnish a copy of same to the Union President. A copy of any written answer of Management under Steps 1 through 3 of this Section 3.1 shall be forwarded to the Union President simultaneously with its submission to the aggrieved employee.

(2) Representation at Grievance Meetings.

An employee may be represented at the meetings held pursuant to the procedures set forth in this Section 3.1 by the Union president or a shop steward designated by the Union unless the aggrieved employee objects or wishes to represent himself or herself.

Section 3.2 - Arbitration in Cases of Suspension, Discharge, Layoff and Recall.

(A) Election of Arbitration.

This Section 3.2 applies solely to cases of suspension without pay and discharge under Section 3.6 of this Agreement, and to cases of layoff and recall under Section 4.8 of this Agreement. In such cases the Union, with the written concurrence of the aggrieved employee, may submit a grievance which has been properly processed through the procedure set forth in Section 3.1 of this Article to final and binding arbitration. The election of arbitration shall be made by submitting written notice of such intent, signed by both the aggrieved employee and the Union president, to the

Director of Human Resources or the Director of Human Resources' designee within fifteen (15) days after receipt of the answer at Step 3 of Section 3.1(B) of this Article.

(B) Selection of Arbitrator.

Management and the Union agree to maintain at all times, a panel of three (3) named arbitrators, one (1) of whom shall be appointed to hear each grievance that is appealed to arbitration pursuant to Section 3.2(A) of this Agreement. Rotation of arbitration cases among such arbitrators shall be in alphabetical order by the arbitrator's last name. As of the effective date of this Agreement, Management and the Union have selected Louis Aronin, Joseph M. Sharnoff, and Seymour Strongin as members of said panel. If one such arbitrator is no longer able to serve, Management and the Union shall immediately name a replacement arbitrator. The replacement arbitrator shall assume the order in the rotation held by the arbitrator that he or she is replacing. Except in the case of the voluntary resignation of a named arbitrator, no arbitrator may be removed by Management or the Union, except by mutual agreement of Management and the Union, or for cause. If Management or the Union appeals the decision and award of an arbitrator to a court of appropriate jurisdiction, that arbitrator shall be suspended from appointments under this Agreement pending such appeal and shall be removed if the decision and award is not upheld in full.

(C) Jurisdiction of Arbitrator.

The jurisdiction and authority of the arbitrator of the grievance and the opinion and award of the arbitrator shall be confined exclusively to the interpretation and/or application of the express provision or provisions of this Agreement at issue between the Union and Management. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provisions of this Agreement or impose on either party hereto a limitation or obligation not explicitly provided for in this Agreement; to establish or alter any wage rate or wage structure; or to consider any term or condition of employment or any other matter not expressly set forth within a provision of this Agreement. The arbitrator shall not hear or decide more than one grievance at one time without the mutual consent of Management and the Union. The opinion and award of the arbitrator on the merits of any grievance adjudicated within his or her jurisdiction and authority, as specified in this Agreement, shall be served on both parties.

(D) Fees and Expenses of Arbitration.

The fees and expenses of the arbitrator shall be shared equally by the parties.

Section 3.3 - Advisory Arbitration in Matters Other than Suspension,

Discharge, Layoff and Recall.

(A) Election of Advisory Arbitration.

This Section 3.3 applies to cases other than cases of suspension without pay and discharge under Section 3.6 of this Agreement, and layoff and recall under Section 4.8 of this Agreement. In cases arising under this Section 3.3, the Union, with the written concurrence of the aggrieved employee, may elect to submit a grievance which has been properly processed through the procedure set forth in Section 3.1 of this Article to advisory arbitration. Written notice of intent to proceed to advisory arbitration, signed by both the aggrieved employee and the Union president, shall be submitted to the Director of Human Resources or the Director of Human Resources' designee, within fifteen (15) days after receipt of the answer at Step 3 of Section 3.1 of this Article.

(B) Advisory Arbitrator Selection Committee.

Within ten (10) days after notice of intent to submit to advisory arbitration as provided in Section 3.3(A) of this Article, Management and the Union shall refer the grievance to an Advisory Arbitrator Selection Committee consisting of one member appointed by Management and one member appointed by the Union.

(C) Selection of Advisory Arbitrator.

The members of the Arbitrator Selection Committee established as provided in Section 3.3(B) of this Article shall meet as soon as possible, at their mutual convenience, to attempt to settle the grievance. If they are unable to reach a settlement, they shall select an impartial arbitrator. If they are unable to agree upon a choice within ten (10) days after such meeting, they shall jointly request the American Arbitration Association to furnish a list of not less than seven (7) qualified and impartial arbitrators, one of whom shall be designated by the Advisory Arbitrator Selection Committee to act as advisory arbitrator of the grievance. Selection shall be made by the Committee members alternately striking any name from the list until only one name remains. The individual whose name remains shall be the advisory arbitrator of the grievance.

(D) Jurisdiction of Advisory Arbitrator.

The jurisdiction and authority of the advisory arbitrator of the grievance and the opinion and recommendation of the advisory arbitrator shall be confined exclusively to the interpretation and/or application of the express provision or provisions of this Agreement at issue between the Union and Management. The advisory arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provisions of this Agreement or impose on either party hereto a limitation or obligation not explicitly provided for in this Agreement; to establish or alter any wage rate or wage structure; or to consider any term or condition of employment or any other matter not expressly set forth within a provision of this Agreement. The advisory arbitrator shall not hear or decide more than one grievance at one time without the mutual consent of Management and the Union. The recommendation in writing of the advisory arbitrator on the merits of any grievance adjudicated within his or her jurisdiction and authority, as specified in this Agreement, shall be served on both parties and shall be advisory to the Director of Human Resources or the Director of Human Resources' designee.

(E) Fees and Expenses of Advisory Arbitration.

The fees and expenses of the advisory arbitrator shall be shared equally by the parties.

(F) Decision of Director of Human Resources or the Director of Human Resources' Designee.

Upon receipt of the recommendation of the advisory arbitrator, the record of the proceedings before the advisory arbitrator, and any brief(s) which may have been submitted to the advisory arbitrator, the Director of Human Resources or the Director of Human Resources' designee shall review the matter and issue a written decision, which shall include findings of fact, as well as his or her decision with respect to the grievance. The decision of the Director of Human Resources or the Director of Human Resources' designee shall be final and binding on Management, the aggrieved employee, and the Union. The Director of Human Resources or the Director of Human Resources' designee shall not consider any evidence not presented in the proceedings before the advisory arbitrator, but, upon the request of either party or upon his or her own initiative, may advise the parties, prior to his or her decision, that he or she will receive further briefs on the matter.

Section 3.4 - Time Limitations.

Whenever used in this Article 3, the word "days" shall mean all days during the calendar year other than Saturdays, Sundays, and days designated as holidays by Management. The time limits set forth in this Article are essential to this Agreement. Said time limits may be extended only by mutual agreement of Management and the Union and the aggrieved employee. The aggrieved employee shall be solely responsible for keeping the time limits set forth in this Article. If the aggrieved employee fails to comply with the time limits set forth in this Article, the grievance shall

be deemed to have been waived. If Management fails to comply with any time limits set forth in this Article, the grievance shall automatically proceed to the next step.

Section 3.5 - Method of Delivery.

For the purposes of this Article 3, a grievance, appeal, or Management answer is "submitted" only if it is delivered by hand to the office of the appropriate person as set forth in Section 3.1, or mailed to that person by certified mail, return receipt requested, through the United States Postal Service.

Section 3.6 - Discipline and Discharge.

Discipline and discharge of employees shall be for just cause. Employees generally will be progressively disciplined, but Management may, in its discretion, reprimand, transfer, demote, suspend or discharge employees without first providing progressive discipline.

ARTICLE 4 - SENIORITY

Section 4.1 - Definition.

As used in this Agreement, "seniority" shall mean an employee's continuous length of service for Management since his or her last date of hire as a regular employee by Management.

Section 4.2 - Termination of Seniority.

An employee's seniority shall terminate without recourse under the provisions of this Agreement for the following reasons:

(a) Discharge for cause, voluntary resignation or retirement;

(b) Failure or refusal to return to work within five (5) days of notice of recall from layoff, when such notice is provided by registered mail to the employee's last known address as reflected in his or her personnel record;

(c) Absence for three (3) consecutive scheduled work days without notifying Management during the absence, unless physically impossible to do so, of an illness or accident preventing the employee from working, as evidenced by certification of a

medical doctor if requested by Management, or other satisfactory reason for such absence;

(d) Layoff or leave of absence for more than one (1) year since the employee's last day worked for Management, or a period of time exceeding the employee's seniority, whichever is less.

Section 4.3 - Seniority Roster and Other Information.

Management shall furnish to the Union a seniority roster of employees two times each calendar year. This list shall provide the name, job title, pay grade, position number and rate of pay of each bargaining unit employee. Management shall also provide to the Union each month a list of changes in bargaining unit positions that involve new hires, lateral transfers, leaves of absence, separations, promotions and retirements.

Section 4.4 - Vacancies.

Management shall determine, in its discretion, whether to attempt to fill a vacancy in a bargaining unit position through an internal selection process or through an internal/external selection process. Employees may apply for bargaining unit positions that are to be filled through either type of selection process. The procedure set forth in this Section 4.4 shall apply if Management attempts to fill a vacancy in a bargaining unit position solely through an internal selection process. If a vacancy occurs in a bargaining unit position that Management intends to fill other than by transfer or by temporary appointment, a notice of such vacancy shall be distributed to all campuses. Any employee who desires to be considered for the vacancy shall submit a written application to Human Resources within the time frame specified. Qualifications and the factors involved in the selection shall be determined by Management in its discretion. If Management determines that qualifications and factors are equal between employees, the employee having the greatest seniority shall be selected. If, in Management's discretion, none of the internal candidates meet the qualifications and factors necessary for the position, nothing shall preclude Management from deciding not to select any candidate and to re-advertise the position for an internal/external selection process, or to not fill the position. Any grievance filed under this Section 4.4 shall be heard by the supervisor (at Step 1) and the College-wide Director or Provost (at Step 2) in the area in which the vacancy occurred.

Section 4.5 - Lateral Transfers

If Management determines that a transfer is in the best interest of the College, an employee may be transferred. An employee who desires and is qualified for a vacant position in the bargaining unit must request a transfer to that position. The request shall be made in writing to the Director of Human Resources. If two employees request a transfer to the same position, and all other qualifications and factors are considered equal by Management, the employee having the greatest seniority shall be transferred. Nothing in this Section 4.5 shall preclude Management from transferring employees involuntarily when the transfer is deemed by Management to be in the best interest of the College.

Section 4.6 - Probationary Employees.

(A) Probationary Period for Newly Hired Employees.

An employee shall be considered a "probationary" employee until six (6) months have elapsed from his or her most recent date of hire. Management may, in its discretion, extend the probationary period for additional time. Seniority shall not accrue until an employee has successfully completed his or her probationary period, at which point seniority shall become established as of the employee's last date of hire. The discipline or discharge of a probationary employee shall not be the subject of a grievance under Article 3 of this Agreement.

(B) Probationary Period for Promoted or Transferred Employees.

An employee shall be considered a "probationary" employee until six (6) months have elapsed from his or her most recent date of promotion or transfer to another position at the College. Management may, in its discretion, extend the probationary period for additional time. Probationary status under this Section 4.6(B) shall not affect an employee's seniority.

Section 4.7 - Trial Period.

If an employee is transferred or promoted to another bargaining unit position, the employee may request, and will be permitted, to return to his or her former position within ten (10) work days of the transfer or the promotion, provided that the employee's former position has not been filled at the time the request is made.

Section 4.8 - Layoff and Recall.

Solely for the purpose of this Section 4.8, employees will be grouped in the following pools: Continuing Education; Auxiliary Services; alternatively funded positions (e.g., positions funded through the capital budget or the cable budget); and positions funded through the Operating Budget. Before implementing layoffs, Management will consider whether the transfer of employees to other positions is in the best interest of the College. If Management determines layoffs are necessary, the Union will be notified as to which job titles in which pool(s) will be affected. Seniority shall be the determining factor among employees determined to be of the same relative competence, in order to retain the most qualified employees as determined by Management. No employee in regular status shall be laid off while an employee in temporary or probationary status remains in the same job title. Employees on layoff pursuant to this Section 4.8 shall be eligible to be recalled in inverse order of layoff by job title for the time period provided in Section 4.2(d) of this Agreement. No new employee shall be hired into a position from which an employee has been laid off unless the laid off employees in that job title have been first notified of the opportunity for recall pursuant to Section 4.2(b) of this Agreement.

Section 4.9 - Out of Title Pay.

Management may require an employee to work in a temporary assignment in a bargaining unit position that is at least one grade level higher than the position held by the employee. When such an assignment exceeds thirty (30) work days in duration, the employee shall receive a temporary salary adjustment that is not less than the equivalent of a one grade level increase in pay for the remainder of the temporary assignment.

ARTICLE 5 - HOURS OF WORK

Section 5.1 - Work Day.

A "work day" is a period of twenty-four (24) consecutive hours.

Section 5.2 - Regular Work Day.

A "regular work day" shall consist of eight (8) hours of work, exclusive of meal periods. Because of the nature of certain functions of the College, supervisors will grant rest periods of fifteen minutes during each half day period of a working day. The immediate supervisor will arrange the appropriate periods for meal and rest for employees, provided that the total amount of time used by an employee for his or her meal and rest period shall not exceed one (1) hour per work day. Changes in work schedules are subject to the provisions of Section 5.5.

Section 5.3 - Work Week.

The "work week" shall consist of seven (7) consecutive calendar days, beginning at 12:01 a.m. Saturday and ending at 12:00 a.m. the following Saturday, unless a different work week is established by Management.

Section 5.4 - Regular Work Week.

An employee's "regular work week" shall consist of forty (40) hours of work on five days in each work week. Changes in the scheduling of work hours may or may not be approved by Management.

Section 5.5 - Hours Worked.

The payroll records of the College shall be the basis for establishing the number of hours worked by each employee. Nothing in this Agreement shall be construed as a guarantee by Management as to hours worked per day, per week, or per year. If Management determines that a modification of scheduled hours of work beyond ten (10) consecutive work days is necessary, any affected employee will be provided with notice of the change in work hours at least twenty (20) work days before such modification takes place.

ARTICLE 6 - WAGES

Section 6.1 - Purpose of Article.

The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and other premium wages, and Management's pay records, practices, and procedures established under this Agreement shall govern the payment of all wages. Nothing in this Agreement shall be construed as a guarantee or commitment by Management to any employee of hours of work per day, per week, or per year.

Section 6.2 - Regular Rate.

An employee's "regular rate" of pay is defined as the straight time hourly rate of pay established for employees as designated by Management.

Section 6.3 - Overtime Pay.

If Management deems that overtime is required, overtime will be compensated as provided in this Section 6.3. Overtime pay for employees in positions designated by Management as "non-exempt" under the Fair Labor Standards Act (FLSA), shall be computed at one and one-half (1-1/2) times the employee's regular rate for all hours worked in excess of forty (40) hours in any work week. Employees in positions designated by Management as "exempt" under the FLSA are not eligible for overtime pay. There shall be no duplication or pyramiding in the computation of overtime pay, and nothing in this Agreement shall be construed to require the payment of overtime more than once for the same hours worked. If more than one of the provisions of this Agreement shall be applicable to any time worked by an employee, he or she shall be paid for such time at the highest rate specified in any one applicable provision, but he or she shall not be entitled to additional pay for such time under any other provision. Only those hours actually worked shall be included in the computation of overtime.

Section 6.4 - Call Back Pay.

An employee in a position designated as non-exempt who is called back to work after having left the College's premises at the conclusion of the employee's scheduled work day shall receive a minimum of three (3) hours pay or pay for all hours actually worked prior to the start of the employee's next regular work day, whichever is greater.

Section 6.5 - Shift Differential.

Employees who are regularly scheduled to work more than 25 hours in a work week, and who are required to work between the hours of 10:00 p.m. and 6:30 a.m. shall receive a premium of $ 0.50 per hour for the period of time actually worked between those hours. Effective the first day of the 1999 fiscal year, employees who are regularly scheduled to work more than 25 hours in a work week, and who are required to work between the hours of 10:00 p.m. and 6:30 a.m. shall receive a premium of $ 0.55 per hour for the period of time actually worked between those hours. Effective the first day of the 2001 fiscal year, employees who are regularly scheduled to work more than 25 hours in a work week, and who are required to work between the hours of 10:00 p.m. and 6:30 a.m. shall receive a premium of $ 0.60 per hour for the period of time actually worked between those hours. No shift differential shall apply for less than one full hour worked.

Section 6.6 - Pay Schedule.

The Pay Schedule for employees set forth in Appendix Two to this Agreement is part of this Agreement and shall be the regular rate for employees in the appropriate grade.

Section 6.7 - Salaries.

(A) Salary Adjustments.

Effective as of the first day of the 1999 fiscal year, the regular rate of an employee shall be calculated as one hundred two and twenty-five hundredths percent (102.25%) of the employee's 1998 fiscal year regular rate, provided that no employee's salary shall exceed the top of the grade level assigned to that employee's position, as provided in Appendix Two. Effective as of the first day of the 2000 fiscal year, the regular rate of an employee shall be calculated as one hundred two and six tenths percent (102.60%) of the employee's 1999 fiscal year regular rate, provided that no employee's salary shall exceed the top of the grade level assigned to that employee's position, as provided in Appendix Two. Effective as of the first day of the 2001 fiscal year, the regular rate of an employee shall be calculated as one hundred two and seventy-five hundredths percent (102.75%) of the employee's 2000 fiscal year regular rate, provided that no employee's salary shall exceed the top of the grade level assigned to that employee's position, as provided in Appendix Two.

(B) Merit Adjustments to Salary.

Regular employees shall be eligible for a merit salary adjustment based upon their performance evaluation and a recommendation from their immediate supervisor. For the 1999 fiscal year, merit salary adjustments shall be one hundred two and seventy-five hundredths percent (102.75%) of the employee's 1999 fiscal year regular rate, provided that no employee's salary shall exceed the top of the grade level assigned to that employee's position, as provided in Appendix Two. For the 2000 fiscal year, merit salary adjustments shall be a lump sum of six hundred seventy-five dollars ($675.00) per employee, provided that no employee's salary shall exceed the top of the grade level assigned to that employee's position, as provided in Appendix Two. For the 2001 fiscal year, merit salary adjustments shall be one hundred two and five tenths percent (102.50%) of the employee's 2001 fiscal year regular rate, provided that no employee's salary shall exceed the top of the grade level assigned to that employee's position, as provided in Appendix Two.

Section 6.8 - Failure to Achieve Projected Revenues.

This Agreement is dependent upon receipt by Montgomery College of the revenues projected by Montgomery College as necessary to implement the Agreement. Should revenues fall below the levels necessary to implement this Agreement, Management shall immediately notify the Union of the shortfall in revenues and of its proposals, if any, for such modifications of this Agreement as are, in the judgment of Management, made necessary by the shortfall. Thereafter, Management and the Union shall promptly meet and bargain in good faith in an attempt to reach an agreement which can be implemented within the revenues received by Montgomery College.

ARTICLE 7 - LEAVES OF ABSENCE

Section 7.1 - Sick Leave.

(A) Purpose.

The purpose of this Section 7.1 is to provide the basis for and manner by which employees may be granted sick leave. Sick leave is a designated amount of compensated leave that employees may be granted when, through personal illness, temporary disability, injury or quarantine they are unable to perform their jobs. Sick leave may also be used for other excused absences such as those for medical, dental, or optical examination, or treatment. Accrued sick leave may also be granted to care for an immediate family member (defined as spouse; natural, foster, or step child; in-laws; parent, sibling, or member of the employee's immediate household), if the employee is needed to care for that family member.

(B) Eligibility and Accrual of Sick Leave.

Regular full time employees shall earn sick leave at a rate of 3.69 hours per eighty (80) hour pay period based upon actual hours worked or authorized leave with pay, except that sick leave shall not be earned for hours designated as Extended Professional Development leave under Section 7.5(B), Short-Term Disability leave under Section 7.9, or any form of leave designated as leave without pay. Regular part-time employees shall earn sick leave in the proportion that their work week is to a 40-hour work week. Sick leave may only be used after it has accrued, except that an employee may be advanced the unearned sick leave that would accrue during the succeeding twelve (12) months, upon recommendation of the employee's supervisor and approval of the Director of Human Resources or the Director of Human Resources' designee.

(C) Use of Sick Leave.

When use of sick leave is anticipated, an employee is required to request sick leave in advance. When the need for sick leave cannot be anticipated, the employee must notify his or her supervisor as early as possible on the day of absence. An employee may be required to notify his or her supervisor on a daily basis as to the progress of an illness and the probable date of return to work, or to provide medical documentation to support the use of sick leave that exceeds three (3) days. An employee who fails to comply with the requirements of this Section 7.1(C) will be considered absent without authorized leave unless it can be demonstrated to the satisfaction of his or her supervisor that it was physically impossible to notify the supervisor of the absence or the employee's progress toward returning to work.

If an employee's use of sick leave appears excessive or questionable to his or her supervisor, the supervisor may report this fact in writing to the appropriate administrator, or to the Director of Human Resources or the Director of Human Resources' designee. The Director of Human Resources or the Director of Human Resources' designee may require the employee to have a medical examination or to submit medical evidence confirming the necessity for the sick leave in question. If the Director of Human Resources or the Director of Human Resources' designee determines that an employee has used more sick leave than was medically necessary, the employee may be disciplined, an adjustment may be made in the amount of time designated as sick leave, and the employee may be required to provide medical documentation to support any future use of sick leave.

(D) Disposition of Sick Leave at Termination of Employment.

Unused sick leave may be carried forward from year to year. An employee with a date of hire prior to January 1, 1993, who terminates from the College with at least five (5) years of seniority shall be paid for 25% of up to one hundred-eighty (180) days of any sick leave earned but not used as of the date of termination, but in no event shall this amount exceed a total of forty-five (45) days. Employees hired on January 1, 1993 or thereafter, or employees who are terminated for cause, are not entitled to this or any other payment of sick leave under this Section 7.1. An employee who leaves the College indebted with used but unearned sick leave shall have that amount of leave deducted from his or her final paycheck, and will be required to reimburse the College for any additional amount. If, because of long-term disability or death, the indebtedness cannot be eliminated, it shall be written off.

Section 7.2 - Family and Medical Leave.

(A) Leave Entitlement.

An employee who has been employed by Management for 12 months and who completed 1250 hours of work during the 12-month period immediately preceding the commencement of such leave, will be entitled to leave under the Family Medical Leave Act of 1993 ("FMLA") when designated by Management, in accordance with its provisions and the provisions of this Section 7.2.

(B) Year for Purposes of Determining Leave Entitlement.

For purposes of determining an employee's leave entitlement under the FMLA, the 52-week period immediately preceding the commencement of leave under the FMLA shall be the applicable measuring period.

(C) Payment of Group Insurance Premiums During Leave.

Each employee on unpaid leave under the FMLA shall remain responsible for paying the employee share of the premium for coverage elected by the employee under Section 11.1 of this Agreement and shall directly submit to Management, not later than the employee's normal payday, the amount of premium owed by the employee, unless other arrangements are approved by Management. If the employee shall fail to timely remit premium payments under this Section 7.2, Management shall make such payments on behalf of the employee and, after the employee's return from such leave, shall deduct (from wages payable to the employee) two times the amount that would otherwise be deducted pursuant to Section 11.1 of this Agreement, until the entire amount paid by Management on behalf of the employee, during leave under this Section 7.2, has been repaid. Except as provided in the immediately succeeding sentence, if the employee fails to return to work upon the expiration of leave under this Section 7.2, any amounts paid by Management toward the premium cost of benefits provided under Section 11.1 of this Agreement (including Management's share of such premium costs), shall be a legal debt due and owing from such employee to Management, which Management may institute appropriate legal action to collect. If, upon expiration of leave under the FMLA, the employee fails to return to work for a reason set forth in Section 104(c)(2) of the FMLA, then amounts paid by Management toward the premium cost of benefits provided under Section 11.1 of this Agreement,

that represented Management's share of such premium costs, shall not be a debt owed by the employee to Management.

Section 7.3 - Military Leave.

An employee who is a member of the National Guard or of the United States Armed Forces Reserves will be granted special leave with pay for training purposes, not to exceed fifteen (15) calendar days in any twelve (12) month period, when required by federal or state order. In addition, such leave with pay as may be required will be granted to an employee when his reserve unit is activated by federal or state order in the event of a civil disturbance or other emergency. The employee is required to submit the appropriate short-term leave form to the Director of Human Resources or the Director of Human Resources' designee. A copy of the military or other governmental orders must accompany this request for leave. Any pay (less extra travel or other necessary and uncompensated expenses) received by the employee for such active duty shall be paid to Management unless the employee elects to use annual leave or leave without pay, rather than leave under this Section 7.3. If an employee fails to timely remit pay received as required by this Section 7.3, Management shall deduct the amount owed from wages payable to the employee upon the employee's return to work. If the employee fails to return to work at the conclusion of active duty, the amount owed by the employee under this Section 7.3 shall become a legal debt due and owing from such employee to Management, which Management may institute legal action to collect. If, because of death, the indebtedness cannot be eliminated, it shall be written off.

Section 7.4 - Bereavement Leave.

Regular full-time employees shall be entitled to leave with pay for five (5) consecutive work days, not to exceed forty (40) hours, in the case of the death of an immediate family member (defined as spouse; natural, foster or step-child; in-laws; parent; sibling; grandchild; grandparent; or member of the employee's immediate household), provided such leave is taken during the period between the date of death and the conclusion of the mourning period, both inclusive. Regular part-time employees shall be granted bereavement leave in the proportion that their work week is to a forty (40) hour work week.

Section 7.5 - Professional Development Leave.

(A) Short Term Professional Development Leave.

An employee may be granted leave with pay for the purpose of attending off-campus training and development meetings that are of fewer than six (6) work days in duration. If any such leave is approved by Management, the employee may also be reimbursed, in whole or in part, for travel expenses incurred in attending such meeting. Application for such leave shall be submitted in writing to the employee's immediate supervisor or his or her designee at least ten (10) calendar days prior to the use of such leave.

(B) Extended Professional Development Leave.

Employees may apply for extended professional development leave that exceeds five (5) work days in duration. Such applications for leave may be granted in Management's discretion.

Section 7.6 - Personal Leave.

Regular full-time employees shall be granted leave with pay up to a maximum of twenty-four (24) hours per calendar year. Regular part-time employees shall be granted personal leave in the proportion that their work week is to a forty (40) hour work week. Personal leave may not be carried over to the next calendar year. Application for such leave must be submitted to the employee's immediate supervisor at least five (5) work days prior to the intended use of such leave, unless such leave is used for an emergency which does not permit five (5) work days' notice. No detailed explanation will be required. Such application will be denied only on the grounds that such absence would unacceptably impair the programs of the College.

Section 7.7 - Court Attendance Leave.

An employee subpoenaed as a witness in a civil or criminal case, other than a case in which the employee is a defendant, or an employee ordered to appear for jury duty shall be entitled to leave with pay for the time required to comply with such subpoena or order. Application for leave under this Section 7.7 shall be submitted in writing to the employee's immediate supervisor, with the subpoena or court order attached, as soon as the employee is served with a subpoena or order to report for jury duty. Upon return, the employee shall submit an official statement from the court indicating the exact duration of the employee's court service. Any pay (less travel or other necessary and uncompensated expenses) received by the employee for court service shall be paid to the College unless the employee elects to use annual leave or leave without pay for the court service.

Section 7.8 - Administrative Leave.

An employee may be granted paid leave when Management determines that there is a concern for the general welfare of the employee, or when such leave is deemed to be in the best interest of the College.

Section 7.9 - Short-Term Disability Benefits.

(A) Disability Not Compensable Under Workers' Compensation Law.

An employee who has completed at least six (6) months of continuous service, who is completely unable to work on account of a sickness or accident disability not compensable under the Workers' Compensation law, and who has exhausted all credited leave as well as an additional one year's entitlement to sick leave as provided under Section 7.1(B) of this Article, shall be entitled to leave, commencing on the first day after the exhaustion of all leave available under Section 7.1 and continuing to the first anniversary of the date he or she was first unable to work on account of such disability. An employee shall be remunerated for the period of leave provided under this Section 7.9(A) in an amount equal to a percentage of the employee's regular rate, had the employee worked, in accordance with the following schedule:

Length of Continuous Service	Percentage of Salary

6 months but less than 3 years	50%
3 years but less than 10 years	60%
10 years or more	80%

An employee who is on short-term disability leave under this Section 7.9(A), when deemed appropriate by Management and upon the presentation of acceptable medical documentation, may be permitted to engage in rehabilitative work (defined as returning to work for fewer hours than the employee was regularly scheduled before leave commenced) for up to the term of the employee's short-term disability period. An employee shall be remunerated for the period that he or she is permitted to engage in rehabilitative work pursuant to this Section 7.9(A) in an amount equal to the percentage of the employee's regular rate provided in the above schedule, plus an additional twenty (20) percent of the employee's regular rate.

(B) Disability Compensable Under Workers' Compensation Law. (1) Treatment by Designated Provider.

An employee who has completed at least six (6) months of continuous service with Montgomery College, who is completely unable to work on account of a sickness or accident disability compensable under the Workers' Compensation law, and who is treated for such disability by the College's designated Workers' Compensation provider shall be entitled to leave commencing on the first day he or she is unable to work on account of such disability and continuing to the first anniversary of such date. An employee eligible for leave under this Section 7.9(B)(1) shall be remunerated for the period of such leave in an amount equal to one hundred percent (100%) of the regular rate that the employee would have been paid had the employee worked.

(2) Treatment By Other Than Designated Provider.

(a) An employee who has completed at least one (1) year of employment with Montgomery College, who is completely unable to work on account of a sickness or accident disability compensable under the Workers' Compensation law, who is treated for such disability by a health care provider other than the College's designated Workers' Compensation provider, shall be entitled to leave, commencing on the first day he or she is unable to work on account of such disability and continuing to the first anniversary of such date. An employee eligible for leave under this Section

7.9(B)(2)(a) shall be remunerated on account of such sickness or accident disability in accordance with the Workers' Compensation law.

(b) Not later than seven (7) calendar days after the first day he or she is unable to work on account of the disability, an employee entitled to leave under Section 7.9(B)(2)(a) may elect, in lieu of leave under Section 7.9(B)(2)(a), to use leave accrued under, and be compensated in accordance with the provisions of, Section 7.1 of this Agreement. If an employee elects to use leave as provided in this Section 7.9(B)(2)(b), such leave must commence as of the first day the employee is unable to work on account of the disability and must continue until the employee returns to work, or the leave accrued under Section 7.1 is exhausted, whichever occurs earlier. If an employee's leave under Section 7.1 is exhausted before he or she is able to return to work, the employee shall immediately be entitled to commence leave under Section 7.9(B)(2)(a), which shall continue to the first anniversary of the date he or she was first unable to work on account of such disability.

(C) Exclusions.

Notwithstanding the foregoing, disability benefits under this Section 7.9 shall not be available for illness or accident disability resulting from or contributed to by war or any act of war, whether declared or undeclared; intentionally self-inflicted injury; or injury sustained in the commission of or having participated in committing a felony. Eligibility for disability benefits will automatically cease upon the date the employee returns to active duty with Montgomery College; the employee's seventieth (70th) birthday; the date upon which the employee retires under a Montgomery College retirement plan; the date on which the employee's employment with Montgomery College ceases; or the date on which the employee ceases to be under the care of a legally qualified physician; whichever occurs earliest. Leave and pay under this Section shall be available only for such period of time during which the employee would have been scheduled to perform assigned responsibilities.

(D) Reduction of Montgomery College Expenditure.

If the employee qualifies for Workers' Compensation, Social Security or other disability compensation plans to which Montgomery College contributes on account of the sickness or accident disability for which the employee qualifies for benefits under this Section, the total amount of remuneration received by the employee from such disability compensation plans plus any additional amounts payable by the College pursuant to this Section 7.9 shall not exceed the amount of pay the employee would have received under this Agreement that is attributable to the period of leave under this Section. If, during the period of such sickness or accident disability, the employee engages in any work for wage or profit, the remuneration set forth in Section 7.9(A) or (B) shall be reduced by eighty percent (80%) of the amount of such wage or profit during the time period in question.

(E) Proof of Disability.

Upon request of Management, an employee claiming disability benefits under this Section shall submit to an examination by a qualified physician designated by Management. If the physician designated by Management is of the opinion that the employee is not completely disabled from engaging in some or all of the employee's responsibilities to Montgomery College, the employee shall be required to perform such duties as the physician designated by Management determines appropriate, unless the employee's personal physician disagrees with the opinion of the physician designated by Management; in which event, the physician designated by Management and the employee's personal physician shall select a third physician to examine the employee at Management's expense. The majority opinion of the three physicians shall prevail.

(F) No Extension of Disability Benefits Program.