èßäapp

Bd. Min. 3-5-66, p. 31,362; Bd. Min. 5-10-68, p. 33,863; Amended 7-28-20.

1. Labor Policy, a Function of the Board of Curators -- In view of the fact that the Board of Curators is charged by the Constitution and the laws of the State of èßäapp with the responsibility of governing the University, appointing, removing and promoting its employees, adding to and reducing the number thereof as needs require, and defining and assigning their powers and duties and fixing their compensation and working conditions, it is the opinion of the Board that this responsibility, under the circumstances, cannot be shared or delegated.
2. Administrative and Clerical Personnel, Labor Policy
   
   1. Administrative personnel, as well as all clerical personnel, are excluded from those non-academic employees who may be represented by the unions which the Board of Curators has recognized by its resolution dated October 21, 1966, as amended.
   2. Administrative personnel, as well as all clerical personnel, are excluded from the check-off provisions of Article III of the resolution dated October 21, 1966, as amended.
   3. Although it is recognized that any person has the right to be a member of a labor organization, it is the judgment of the Board of Curators that administrative personnel will be able to best carry out their duties if they do not have divided loyalties or conflict of interests. If such divided loyalties or conflict of interests result in less effective performance than is required of the administrative position, such facts must be taken into consideration in the appraisal of the individual and the individual's work.
   4. Definitions -- In the interest of organizational consistency and clarity the following definitions and policies are adopted for guidance of the administration.
      
      1. Administrative Personnel is defined to include, but is not limited to:

         (1) Any individual having authority in the interest of the University to recommend hiring, transferring, suspending, laying off, recalling, promoting, discharging, assigning, rewarding or disciplining other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

         (2) Any professional employee whose work requires knowledge of an advanced type of a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, or whose work is original and creative in character in a recognized field of artistic endeavor.

         (3) Employees who have access to confidential information involving the formulation, determination or implementation of administrative policies of the University, or who have the responsibility for enforcing laws, rules and regulations to protect the safety of persons or to protect the property of the University.

      2. Clerical personnel includes, but is not limited to, those employees whose principal duties are concerned with preparing, transcribing, transferring, systematizing, and preserving written communications and records, handling money, selling, sorting and distributing mail, filing and distributing information, typing and similar duties.
      3. The criteria set forth above are to be read in the disjunctive and if an individual performs any one of the functions set forth, the individual meets the test of administrative personnel or of clerical personnel.
      4. It is a violation of University policy for any person to seek to interest administrative or clerical personnel in joining a labor organization during normal working hours, or to harass, intimidate or threaten another person in an effort to interest that person in joining a labor organization, or any other group, club or association.