• 2009-2015 Complete Faculty Contract (PDF Download)

    • July 2009-June 2015 Agreement between the University of Hawaii Professional Assembly (UHPA) and the University of Hawaii Board of Regents (UH-BOR).

  • 2009-2015 Contract Reference Section

  • AGREEMENT

    • This Agreement is made this 16th day of January, 2010 by and between the State of Hawaii and the Board of Regents of the University of Hawaii, hereinafter called the Employer or Public Employer, as defined in §89-6(d)(4), Hawaii Revised Statutes, and the University of Hawaii Professional Assembly, hereinafter called the Union.

  • ARTICLE I, RECOGNITION

    • The Employer recognizes the Union as the certified exclusive representative of Collective Bargaining Unit 7, as defined in §89-2, H.R.S. and as certified by the Hawaii Labor Relations Board. The public employees composing the unit are hereinafter referred to as Faculty Members or Faculty.

  • ARTICLE II, NON-DISCRIMINATION

    • A. Neither the Employer nor the Union shall discriminate against any Faculty Member on the basis of race, color, religion, national origin, nationality, sex, sexual orientation, gender identity, age, disability, marital status, or for being a disabled veteran, a veteran of the Vietnam era, or for lawful political activity, except for bona fide occupational or [...]

  • ARTICLE III, CONDITIONS OF SERVICE

    • ARTICLE III, CONDITIONS OF SERVICE   A. MAINTENANCE OF RIGHTS AND BENEFITS 1. Except as modified by the terms of this Agreement, Faculty Members1/ shall retain all rights and benefits provided in the written rules, regulations, and policies formally adopted by the Board of Regents existing at the execution of this Agreement which pertain to [...]

  • ARTICLE IV, FACULTY PROFESSIONAL RESPONSIBILITIES AND WORKLOAD

    • ARTICLE IV, FACULTY PROFESSIONAL RESPONSIBILITIES AND WORKLOAD A. Faculty Members are responsible for maintaining high professional standards of scholarship and instruction in their field of special competence. In giving instruction upon controversial matters, Faculty Members are expected to set forth justly and without suppression the differing opinions of other investigators, and in their conclusions provide [...]

  • ARTICLE IX, ACADEMIC FREEDOM

    • ARTICLE IX, ACADEMIC FREEDOM A. ACADEMIC FREEDOM Faculty Members are entitled to freedom in the classroom in discussing subjects of expertise, in the conduct of research in their field of special competence, and in the publication of the results of their research. The Employer recognizes that Faculty Members, in speaking and writing outside the University [...]

  • ARTICLE V, DUTY PERIOD

    • A. Faculty Members on nine-month (9-month) appointments in the I and C classifications are on duty for nine (9) consecutive months with salary paid over a twelve-month (12-month) period. During the nine-month (9-month) duty period, Faculty Members shall not be deemed to be on twenty-four (24) hour per day or seven (7) days per week [...]

  • ARTICLE VI, LEAVES OF ABSENCE WITH PAY

    • A. SABBATICAL LEAVES 1. The purpose of the sabbatical leave is to provide Faculty Members with an opportunity for further professional growth and development so that they may serve more effectively on their campuses and in their field of specialization. 2. Only tenured Faculty Members at Rank 2 or above may be eligible for a [...]

  • ARTICLE VII, LEAVES WITHOUT PAY

    • ARTICLE VII, LEAVES WITHOUT PAY A. LEAVE WITHOUT PAY FOR PROFESSIONAL IMPROVEMENT 1. Leaves of absence without pay for professional improvement may be granted where such leave is determined to be to the advantage of the University, provided a satisfactory temporary replacement can be secured. Such leaves will not be granted for periods longer than [...]

  • ARTICLE VIII AMENDMENT

    • Memorandum of Agreement Article VIII, Faculty Travel This Memorandum of Agreement is entered into between the University of Hawai’i Professional Assembly (“UHPA”), the State of Hawai’i (“State”) and the Board of Regents of the University of Hawai’i (“BOR”). WHEREAS, on January 1, 2006, UHPA, the State and the BOR entered into a Memorandum of Agreement [...]

  • ARTICLE VIII AMENDMENT (pdf)

    • The University of Hawaii and the University of Hawaii Professional Assembly have executed a Memorandum of Agreement regarding Faculty Travel.

  • ARTICLE VIII, FACULTY TRAVEL

    • ARTICLE VIII, FACULTY TRAVEL A. PROFESSIONAL MEETINGS In recognition of the value in Faculty Members attending professional meetings as part of their normal professional activity and their professional development, the Employer agrees to facilitate the travel of Faculty Members to professional meetings insofar as is possible without interfering with maintaining the efficiency of University operations [...]

  • ARTICLE X AMENDMENT

    • MEMORANDUM OF AGREEMENT ARTICLE X, DEPARTMENT OR DIVISION PROCEDURES GOVERNING TENURE, PROMOTION, AND CONTRACT RENEWAL This Memorandum of Agreement is entered into, and effective as of the date shown below, between the University of Hawaii Professional Assembly (hereinafter “UHPA”), the State of Hawaii (hereinafter “State”), and the Board of Regents of the University of Hawaii [...]

  • ARTICLE X AMENDMENT (pdf)

    • The University of Hawaii and the University of Hawaii Professional Assembly have entered into a Memorandum of Agreement flexibility for the John A. Burns School of Medicine.

  • ARTICLE X, DEPARTMENT OR DIVISION PROCEDURES GOVERNING TENURE, PROMOTION, AND CONTRACT RENEWAL

    • ARTICLE X, DEPARTMENT OR DIVISION PROCEDURES GOVERNING TENURE, PROMOTION, AND CONTRACT RENEWAL A. DEPARTMENT PROCEDURES Each Department or Division, or comparable unit within the University, shall put in writing, and approve through a majority vote of the bargaining unit Faculty Members, procedures or policies that will include, but are not limited to, tenure, promotion, and [...]

  • ARTICLE XI, INTELLECTUAL PROPERTY, PATENTS AND COPYRIGHTS

    • ARTICLE XI, INTELLECTUAL PROPERTY, PATENTS AND COPYRIGHTS GENERAL SCOPE Except in the case of works written or produced for hire, and subject to any restrictions imposed by outside sponsoring or funding organizations, a Faculty Member who writes or produces any work shall have exclusive rights thereto, including the ownership of copyright. It is recognized that [...]

  • ARTICLE XII, PARAGRAPH F AMENDMENT

    • Memorandum of Agreement Tenure of Service for Foreign Nationals without Permanent Resident Status This Memorandum of Agreement is entered into between the University of Hawai’i Professional Assembly (“UHPA”), the State of Hawai’i (“State”) and the Board of Regents of the University of Hawai’i (“BOR”). WHEREAS, on August 1,2007, UHPA, the State and the BOR entered [...]

  • ARTICLE XII, PARAGRAPH F AMENDMENT (pdf)

    • The University of Hawaii and the University of Hawaii Professional Assemby have executed a Memorandum of Agreement regarding Tenure of Service for Foreign Nationals without Permanent Resident Status.

  • ARTICLE XII, PARAGRAPH H AMENDMENT

    • MEMORANDUM OF UNDERSTANDING BETWEEN THE UNIVERSITY OF HAWAII, BOARD OF REGENTS AND THE UNIVERSITY OF HAWAII PROFESSIONAL ASSEMBLY HEARING OFFICER RULES AND PROTOCOLS This Memorandum of Understanding (“MOU”) is entered into this 25th day of January 2013 by and between the University of Hawai’i Professional Assembly (“UHPA”), the State of Hawai’i (“State”) and the Board [...]

  • ARTICLE XII, PARAGRAPH H AMENDMENT (pdf)

    • Memorandum of Understanding Between the University of Hawaii, Board of Regents and the University of Hawaii Professional Assembly re Hearing Officer Rules and Protocols effective January 25, 2013.

  • ARTICLE XII, TENURE AND SERVICE

    • ARTICLE XII, TENURE AND SERVICE A. DEFINITIONS As used in this Agreement, the term: 1. “Academic tenure” means the right of Faculty Members to permanent or continuous service in the University. 2. “Probationary period” means the period of assessment of eligible Faculty Members prior to the awarding of tenure. 3. “Temporary appointments” means Faculty Members [...]

  • ARTICLE XIII, FACULTY APPOINTMENTS NOT ELIGIBLE FOR TENURE

    • ARTICLE XIII, FACULTY APPOINTMENTS NOT ELIGIBLE FOR TENURE A. GENERAL A significant number of individuals in the bargaining unit are not eligible to receive tenure. Such positions are funded through State general appropriations, special funds, revolving funds, and external government and private grants or contracts, or a combination thereof. These include the following: 1. Faculty [...]

  • ARTICLE XIV, PROMOTION

    • ARTICLE XIV, PROMOTION A. GENERAL Any Faculty Member shall upon application be considered for promotion in any year in accordance with guidelines established by the Employer. Criteria shall be in writing and shall be distributed in the guidelines and procedures provided to the applicant along with the promotion application forms and shall be the basis [...]

  • ARTICLE XIX, PERSONNEL FILES

    • ARTICLE XIX, PERSONNEL FILES A. Official personnel files shall be maintained for each Faculty Member. Personnel files will be kept and maintained in accordance with Administrative Procedures A9.075 (see R-16 of Reference Section) Personnel Records. Official personnel files shall be maintained in the following places: 1. For the University of Hawaii at Manoa, in the [...]

  • ARTICLE XV, FACULTY PERSONNEL PANEL

    • ARTICLE XV, FACULTY PERSONNEL PANEL A. FUNCTION A University-wide Faculty Personnel Panel (FPP) shall provide a resource of experienced Faculty to which the President of the University may look for assistance and advice with respect to personnel matters involving Faculty Members. B. MEMBERSHIP All tenured I and R Faculty at Ranks 4 and 5 and [...]

  • ARTICLE XVI, RETRENCHMENT

    • ARTICLE XVI, RETRENCHMENT A. GENERAL Retrenchment refers to the termination of the employment of any Faculty Member during any appointment as a result of lack of work or other legitimate reason in accordance with §89-9(d), H.R.S., such as fiscal exigency; reallocation of resources; reorganization of degree or curriculum requirements; reorganization of academic or administrative structures [...]

  • ARTICLE XVII, REPRESENTATION RIGHTS

    • ARTICLE XVII, REPRESENTATION RIGHTS A. Duly certified staff representatives of the Union shall be permitted on University premises at all reasonable hours for the purpose of conducting official Union business such as investigating complaints and grievances that have arisen and to ascertain whether or not the Agreement is being properly administered. The Union agrees that [...]

  • ARTICLE XVIII AMENDMENT

    • MEMORANDUM OF AGREEMENT ARTICLE XVIII, DISCIPLINARY ACTIONS This Memorandum of Agreement is entered into, and effective as of the date shown below, between the University of Hawai’i Professional Assembly (hereinafter “UHPA”), the State of Hawai’i (hereinafter “State”), and the Board of Regents of the University of Hawaii (hereinafter “BOR”). UHPA, the State and BOR are [...]

  • ARTICLE XVIII AMENDMENT (pdf)

    • Memorandum of Agreement amending Article XVIII, Disciplinary Actions effective as of January 1, 2011.

  • ARTICLE XVIII, DISCIPLINARY ACTIONS

    • ARTICLE XVIII, DISCIPLINARY ACTIONS A. GENERAL The Employer shall not discharge, suspend, or reduce the compensation of any Faculty Member for disciplinary reasons, or take other actions of a disciplinary nature, except for proper cause and in accordance with the procedures set forth in this Article. All matters under this Article, including investigations, shall be [...]

  • ARTICLE XX, ADEQUATE SECURITY, HEALTH AND SAFETY

    • ARTICLE XX, ADEQUATE SECURITY, HEALTH AND SAFETY The Employer shall provide a safe, clean and healthy working environment as prescribed by the applicable provisions of the Hawaii Occupational Safety and Health Law, Act 57, et seq., the State Department of Health, the State Department of Labor, or any other governmental body. This shall include, but [...]

  • Article XXI, Salaries

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  • ARTICLE XXII, HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND (EUTF)

    • ARTICLE XXII, HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND (EUTF) From and after plan year 2009-2010 and continuing to and including June 30, 2015 the Employer’s percentage rate and monthly contribution for the benefit plans shall be not less than the highest rate, monthly contribution, or share for any Employee-Beneficiary in any other bargaining unit in [...]

  • ARTICLE XXIII AMENDMENT

    • Memorandum Of Understanding Regarding Graduate Program Chairs This Memorandum Of Understanding (“MOU”) between the University of Hawai’i (“UH”) and the University of Hawai’i Professional Assembly (“UHPA”) memorializes their agreement for resolving the current dispute concerning whether Article XXIII, Section E of the parties’ 2009-2015 Collective Bargaining Agreement (the “2009 CBA”) includes Graduate Program Chairs on [...]

  • ARTICLE XXIII AMENDMENT (pdf)

    • The University of Hawaii and the University of Hawaii Professional Assembly have executed a Memorandum of Understanding Regarding Graduate Program Chairs.

  • ARTICLE XXIII, APPOINTMENT, DUTIES, AND COMPENSATION FOR ACADEMIC CHAIRS

    • ARTICLE XXIII, APPOINTMENT, DUTIES, AND COMPENSATION FOR ACADEMIC CHAIRS A. Only Faculty Members with the Rank of 4 or 5 shall be eligible to serve as the Department, Division, or Program Chair. If no one in these ranks is available or willing to serve as the Chair, then a Faculty Member from the unit holding [...]

  • ARTICLE XXIV, GRIEVANCE PROCEDURE

    • ARTICLE XXIV, GRIEVANCE PROCEDURE A. DEFINITION A grievance is a complaint by a Faculty Member or the Union concerning the interpretation and application of the express terms of this Agreement. All matters under this Article, including investigations, shall be considered confidential. Information pertaining to the decision of an Arbitrator may be subject to disclosure under [...]

  • ARTICLE XXIX, NO STRIKE OR LOCKOUT

    • ARTICLE XXIX, NO STRIKE OR LOCKOUT A. This Union, its representatives, and its bargaining unit members will not authorize, instigate, incite, aid, or engage in any work stoppage, slowdown, sick-out, picketing, or strike against the Employer during the life of this Agreement. B. The Employer agrees that during the life of this Agreement there will [...]

  • ARTICLE XXV, RIGHTS OF THE EMPLOYER

    • ARTICLE XXV, RIGHTS OF THE EMPLOYER The Employer reserves and retains, solely and exclusively, all management rights, powers, and authority, including the right of management to manage, control, and direct its personnel and operations except those as may be modified under this Agreement.

  • ARTICLE XXVI, SAVINGS CLAUSE AND OPERATION OF §89-10(a)

    • ARTICLE XXVI, SAVINGS CLAUSE AND OPERATION OF §89-10(a) Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions thereof, and they shall remain in full force and effect. The parties will meet [...]

  • ARTICLE XXVII, ENTIRETY AND MODIFICATION

    • ARTICLE XXVII, ENTIRETY AND MODIFICATION This document contains the entire agreement of the parties. No provision or term of this Agreement may be amended, modified, changed, altered, or waived except by written document executed by the parties hereto.

  • ARTICLE XXVIII, CONFLICT

    • ARTICLE XXVIII, CONFLICT If there is any conflict between the provisions of this Agreement and any rules, regulations, and policies of the Employer, the terms of this Agreement shall prevail.

  • ARTICLE XXX, DURATION

    • ARTICLE XXX, DURATION This Agreement shall be effective as of July 1, 2009 and shall remain in effect to and including June 30, 2015. During the term of this Agreement, and not less than ninety (90) days before the beginning of the legislative sessions of 2011 and 2013, the parties shall meet to bargain in [...]

  • Board of Regents Policies Section 9-16

    • Teaching assignments for instructional faculty