Article 2: Association and Employee Rights and Responsibilities

2.1 A. Association Membership. The Employer and the Association hereby agree that employees have the right to freely organize, join or support, or refrain from joining or supporting, the Association for the purpose of engaging in collective bargaining or negotiation and other lawful, concerted activities for mutual aid and protection. The Employer and the Association undertake and agree that they will not directly or indirectly deprive, coerce, or harass any employee in the enjoyment of any right conferred upon him/her by the provisions of Article 14 of the Civil Service Law; that they will not discriminate against any employee with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership, or lack thereof, in the Association or his/her participation, or lack thereof, in any lawful activity of this Association or in collective negotiations with the Employer or his/her institution of any grievance or complaint under this agreement.

B. Access to Candidates. The College will timely provide all candidates who are interviewed for unit positions a letter from the Professional Association in the form annexed hereto as Appendix F.

2.2 Use of Facilities. The Association, or its representatives, shall be permitted to transact official Association business on College property conditioned upon the understanding that such usage not conflict with the normal college operations. The Association will make advance arrangements with the College pursuant to current procedures for room reservations as utilized by the faculty.

2.3 A. Dues Deductions. The Association, shall notify the Employer, in writing, as to the amount of its dues and any change thereof. Upon receipt of appropriate individual member written authorization, the Employer shall deduct the regular membership dues of the Association from the salary of each such member and remit said deductions promptly to the Association until otherwise notified in writing by the member.

B. Agency Fee. The Association shall be entitled to the benefit of Agency Fee

2.4 Contract Distribution. Copies of this Agreement shall be printed by the Association and made available upon request to all members of the bargaining unit.

2.5 Meetings of the Parties. The College and Association shall each appoint up to three (3) representatives to a committee empowered to meet and discuss general matters arising from the operations of this contract. Meetings of the committee may be initiated by either party through written request to the other. The committee shall have no authority to discuss any matter that has been formally submitted as a grievance or in negotiations.

2.6 Tuition Waiver. The College agrees to follow State University procedures for tuition waivers for employees taking courses at state-operated colleges of the State University of New York. Prior to the forwarding of the tuition waiver application to the State University of New York such application(s) shall be subject to the review and recommendations of the Staff Development Committee. In furtherance hereof, at an employee’s request the employee’s schedule may be established by the College to accommodate the employee’s professional obligation and pursuit of continuing education.

Employees shall be entitled to tuition waiver for state aidable courses taken at Mohawk Valley Community College of six (6) credit or equivalent hours per semester and a cumulative maximum of six (6) credit or equivalent hours during the summer sessions.

Members may be allowed to exceed the six credit limit on a space available basis and with prior approval from the Executive Director of Human Resources.

Dependents (as included on the employee’s Federal Income Tax return) of employees shall be entitled to a tuition waiver for any state-aided courses offered by the College, after contribution of any grants-in-aid up to the cost of tuition. An individual serving in the same relationship as an employee’s spouse shall be entitled to such tuition waiver whether or not that individual is included on the employee’s Federal Income Tax return. All such Tuition Waivers during the summer sessions shall be limited to a cumulative maximum of six (6) credit or equivalent hours.

The employee or dependent shall be responsible for all costs in excess of the tuition.

2.7 Parking. The College shall provide adequate parking for bargaining unit members in areas designated by the College. The imposition of a nominal fee for registration of cars, to assist the College in proper policing of parking regulations, does not constitute a contract violation providing that said fee is not selectively applied among employees.

2.8 Equal Employment Opportunities. Mohawk Valley Community College does not discriminate.  All applicants possessing the required qualifications shall receive equal opportunity for employment and upon employment shall be treated equally regardless of race, color, age, religion, sex, marital status, sexual orientation, national origin, creed, disability, familial status, military status, domestic violence victim status, arrest or conviction record, predisposing genetic characteristics, gender identity, or political affiliation in all matters including but not limited to recruitment, employment, upgrading, promotions, demotions, transfers, lay-offs, terminations, training, rates of pay and/or other forms of compensation. Additionally, the provisions of this agreement shall be applied equally to all qualified employees without discrimination as listed above.

2.9 NYSUT Benefit Trust. The College will provide all necessary mechanisms to permit employees who elect coverage under the New York State United Teachers Benefit Trust to pay for such coverage through payroll deductions.