Contract

SETTLEMENT AGREEMENT

MEMORANDUM OF UNDERSTANDING
between
THE UNIVERSITY OF MICHIGAN
and the
UNIVERSITY OF MICHIGAN HOUSE OFFICERS ASSOCIATION

March 8, 2019

The HOA and the Employer recognize that due to leaves of absence (LOA) delays or interruptions may arise during training such that the required training cannot be completed within the required total training time established for each training program and that the requirements vary between training programs. In such circumstances, if the trainee's Program Director and clinical competency committee attest that the trainee has achieved required competence, the Program Director may seek on the resident's behalf, a reduction-in-training, to the extent allowed by the national accrediting Board. Separately negotiated benefits contained within the collective bargaining agreement such as paid vacation during an appointment year may be used to off-set deficits in training due to LOA time, to the extent allowed by the national accrediting board and following the processes and procedures identified by the Employer. Reductions in training are not assured or guaranteed, and are always subject to the applicable national accrediting Board approval, upon request of the Program Director in his or her sole discretion. In no case may the Program Director be compelled to make the request of the national accrediting Board. The request is made solely on the assessment of readiness for independent practice. The Program Director's determination regarding reductions-in-training are not subject to the grievance and arbitration proceedings of the Parties' Collective Bargaining Agreement.

This MOU is applicable only to deficits in training time that result from leaves of absence. It does not apply to deficits that may result from other actions, such as extensions due to remediation or probation.

The Parties agree that this MOU fully resolves Grievance #18-10028 in its entirety.

FOR THE HOUSE OFFICERS ASSOCIATION
Robin Tarter, Executive Director
Date: 3-8-2019

FOR THE UNIVERSITY
Michelle Sullivan, Director of Labor Relations
Date: 3.8.19

signed copy of MOU


Original Grievance

Grievance Summary

This grievance seeks to address the Employer's unilateral decision to make vacation mandatory for all house officers and not let our post-partum employees decide for themselves whether to use vacation to augment maternity leave.

Employer Response Summary

The Employer denies that there has been any change in historical past-practice regarding the use of paid time off or the application of unused vacation toward mitigating the amount of "make-up" time a House Officer (particularly our women) must make up after a leave of absence.

Resolution Process

Rather than another costly arbitration hearing, the HOA has suggested language for a Memorandum of Understanding (MOU).

The language was negotiated between the HOA and the Employer, and the above MOU was agreed to.