Regarding Updated Merit Template

Memorandum of Understanding

WHEREAS, the Bowling Green State University (the "University") and the Bowling Green State University Faculty Association-American Association of University Professors ( .. BGSU-FA") (the University and the BGSU-FA are sometimes herein after referred to as the "Parties") have entered into a Collective Bargaining Agreement effective May I, 2013;

WHEREAS, on or about September 12, 2014, the University issued an Updated Template for Department/School Merit Policies ("Updated Merit Template"); and

WHEREAS, the BGSU-FA demanded to bargain regarding the Updated Merit Template; and

WHEREAS, the University responded that the implementation of the Update Merit Template was a management right over which it did not have to bargain with the BGSU-FA; and

WHEREAS, the Parties agreed to maintain their respective positions and agreed to meet; and

WHEREAS, the Parties have resolved their differences regarding the Updated Merit Template;

NOW, THEREFORE, the University and the BGSU-FA agree as follows:

1. This resolution is without prejudice and establishes no precedent.
2. The University shall update its Merit Template tool as follows:

(a)    The Template Preamble shall provide for there to be a minimum number of five (5) categories or rating levels. These categories or rating levels shall include the following evaluation concepts: (i) I-does not meet expectations; (ii) 2-3-meets expectations; and (iii) 4- 5-exceeds expectations.
(b)    The Template Preamble shall provide that an academic unit may report its merit score recommendation to no greater than one-tenth decimal place (For example, a unit using 1-7 categories or rating levels may assign a score of 3. J or 5.9 but may not assign a score of 3. I 5 or 5.975.)
(c). The Preamble in the Updated Merit Template shall be modified to include the following language:
Significant Dates for Merit Consideration and Appeals:

January 31- Last date for faculty merit dossiers to be submitted to the academic unit.

The merit committee of the academic unit is urged to work informally with all faculty being reviewed to resolve any factual and interpretive issues in advance of making its recommendation to the Chair/Director.

February 28 -Academic unit faculty committee's merit score recommendation to the Chair/Director (with a copy to the faculty member).

March 7 - Last date for faculty members to appeal the committee's recommendation to the Chair/Director (with a copy to the committee).

March 31 - Chair/Director's merit score recommendation to the Dean (with copies to the Committee and faculty members).

April 7- Last date for faculty members to appeal the Chair/Director's merit score recommendation to the Dean (with copy to the Chair/Director). The faculty member may raise in any Appeal to the Dean: (i) the Chair/Director's merit score recommendation, and (ii) only those aspects of the committee's recommendation that the faculty member has previously raised in the faculty member's appeal to the Chair/Director. Issues related to the committee's recommendation not raised previously with the Chair/Director (where the faculty member either knew or through the exercise of reasonable diligence should have known) are not preserved for appeal to the Dean, shall not be considered by the Dean, and shall not be the basis or grounds for any grievance by the BGSU-FA.

April 30 - Dean's recommendations to the Provost. Thereafter the Provost and Dean may confer through on or about May 19.
On or about May 20 - Dean issues final determination regarding merit.

(d) Allocation of Merit Dollars-Both the merit committee of the academic unit and the Chair/Director may make recommendations to the Dean for the allocation of merit dollars and/or percentages. However, as provided for by Section 11.2 of Article 17 of the Collective Bargaining Agreement, the Dean is not bound by such recommendations and the determination of the actual merit increase is within the Dean's reasonable discretion.

IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be made effective this 10th day of December, 2014.