Minutes - October 21, 2004

These minutes were approved at the UT Staff Council meeting on November 18, 2004

Members Present: Yolanda Aldaco, Pat Alfano, Vickie Amidon, Mack Andrews, Philemon Brown, Alanna Burney, Johnnie Conley, Julie Cunniff, Marlis Dagg, Laura Davis, Neil Fahlund, Patrice Fox, Phil Gavenda, Freida Golden, Mark Gonzalez,Philip Guerrero, Christy Habecker, Phillip Hebert, Gayle Hight, Margaret Hill, Tom Horn, Marcus Horton, Dreya Johannsen, Amy Jones, Elizabeth Korves, Liz Landeros, Lynn LeCropane,Noah Lowenstein, Debra Madden, Suzanne McIntyre, John Nelson, Chuck Pearson, Billie Pierce, Jorge Puig Kathy Romberg, Leslie Saucedo, Craig Schroer,Anna Sergi, Didi Smith, Olen Smith, Sheril Smith, Jerry Spillar, Barbara Thompson,Jennifer Trost, Alayna Wadleigh, Erin Waneck, Sara Jackson Watson, Shane Williams, Cynthia Wilson, Glen Worley

Members Absent with Notification: Alison Louise Brown, Melba Catchings, Royce Gehrels, John Hibbits, Kim Johnson, Sonja Lane, Albert Puga, Frank Simon, ,Sandra Sleeper, JR Watson, Teresa Williams, Gabby Yearwood

Members Absent: Tara Carlisle, Oscar Carmona, Augustin Collazo, Margaret Evans, Linda Frost, Rick Garza, Charlotte Harris, Bert Herigstad, Greg Howard, George Hughes, PG Moreno, Donna O’Kelly, Jo Ann Richmond

Guests: Stephen Middleton, Monica Reed

Quorum: 76 filled UTSC representative places divided by 2-38 (for quorum)

Call to Order:

Chair Glen Worley called to order the regular meeting of the UT Staff council at 2:05 p.m. on Thursday, October 21, 2004 in Main 212. 50 UTSC representatives were present.

Announcements:

Welcome guest Doug Bolin, Representative from University Events.

Orange Santa needs volunteers that can speak Spanish to help run the Orange Santa Store. This is Orange Santa’s 11 th year. Volunteer Via the Web! Also, reminded everyone of Longhorn Halloween at the Frank Erwin Center for the University community.

Chair's Report: 

UT System Employee Advisory Council meeting will be held in Austin on November 8-9. Human Resource Services is hosting a dinner at the Campus Club for the EAC members; The UT Staff Council is listed as the co-host and will be represented by the Chair, Vice Chair, and Didi Smith. The EAC members will also get a tour of the Tower.

Kyle Cavanaugh will make a presentation on the new grievance policy to the EAC at their meeting at the UT System offices.

The Chair was contacted by Provost Sheldon Ekland-Olson and asked to provide some names of staff from which one person would be chosen to serve on the advisory search committee for the newly created position of Vice Provost for Inclusion and Cross Cultural Effectiveness. Gabby Yearwood was one of the names submitted, and he has been asked to participate on the committee.

Reminder: Check 21

• Check 21 or Check Clearing for the 21st Century Act goes into effect on October 28.

Staff from Travis County are encouraged to take advantage of early voting at Flawn Academic Center. All staff are encouraged to vote in the election.

Marcus Horton has talked with Dr. Bob Harkins of UT Parking and Transportation about speaking to the Staff Council. Would the Council be interested in inviting him to speak?

Show of hands expressed interest in Dr. Harkins speak to UTSC.

Vice Chair:

Vice Chair attended the University Leadership Council meeting. The Dean of Student’s office and Counseling and Mental Health Center have tried to increase their visibility by getting information out about the two teams they support.

The first is the Critical Incident Response Team that provides services for students in times of "individual or community crisis or trauma." The second is the Behavioral Assessment Team that was formed to address situations involving students exhibiting aberrant, or problematic behavior.

Vice Chair also gave the following report on the new Electronic Media Standards Taskforce recommendations:

Task Force on Electronic Media-UT Austin response

The original UT System Task force was formed earlier in the year at System level in response to some incidents where employees at a component institution (not UT-Austin) were disciplined for accessing inappropriate websites on University equipment.

They found: Current policies not consistent among components. Current policies in many cases are archaic, and don't reflect current technology.

Chancellor Yudof's charge was for them to recommend a consistent policy, which covers all system components and covers things like the Internet, email and email accounts, cell phones, and personal computers at home doing official business.

Something beyond current policy, which is basically "Unauthorized use is prohibited."

Recommendations:
Very generally speaking, use of Internet for non-work related purposes are not necessarily grounds for discipline. "Incidental use," similar to occasional personal use of the telephone, is allowed. Basically, it may be considered improper use of state resources if it is covered by these questions:

• Does it cost UT money?
• Is it otherwise illegal?
• Is it offensive/bothering co-workers?
• Does it affect the employee's work-related duties?

Recommendations:

• Handle abuse through strong management controls rather than through "filtering" technology.
• Re-emphasize that authorized use of UT IT resources is limited to the University mission and "incidental" personal use. No commercial or illegal activities permitted.
• Clarify that not all forms of expression are protected by first amendment. (Obscenity, Harassment)
• Criminal prosecution for use of IT resources for illegal activities.
• Clarify limits on privacy for use of state-owned IT resources.
• Users should not expect any right of privacy in the use of University IT resources- Use is a privilege, not a right.
• Users should acknowledge responsibility for these policies
• Clarify sanctions/punishments for misuse of IT resources.
• Give examples of prohibited conduct.

Recorder/Secretary:

Minutes of the September 16 UTSC meeting were approved.

Committee Reports:

Issues Committee, Didi Smith, Chair

2004-18 Create and maintain list of faculty and staff organizations, submitted by Erin Waneck

Specific objective:

Collect and maintain a list of campus orgs. for faculty and staff similar to Campus and Community Involvement’s list of Registered Student Orgs. for students (see http://utdirect.utexas.edu/dsorg/). Specifically: a) find someone to create and maintain the website. b) organization’s names , goals, who can join and contact information (plus website links). c)Post the list on the web, accessible from Staff Central. d) Check the list periodically to eliminate listings where the contact info no longer works. Examples of organizations include: Academic Counselors Association -where staff and faculty advisors meet for prof. Dev. Association of Professionals. in Student Affairs - staff across campus who serve students meet for professional development. Hispanic Faculty/Staff Association - faculty & staff meet for support, social interaction & professional development.

Reason for proposal:

a) Participation in campus organizations, especially professional ones, helps employees do a better job. Meeting with other people with similar job duties lets you exchange good ideas developed in different areas across campus. Meeting others with related job duties lets you better see how your duties impact UT as a whole. Hearing guest speakers gives members in-depth information on specific topics. And having an organization makes it easy for others to contact the group to share information. b) Although one can learn about some organizations through word of mouth, many times the people doing similar job duties (or with other similar interests) are sprinkled across campus and never meet. A centralized list would make it easier for people to find organizations to support them.

Expected Staff Council action: Investigate & Report
Expected University action: Provide web space and add a job duty.

Recommend: Assign to Communications Committee
Result: Accepted and referred to Committee

2004-19 Longevity pay for part time staff, submitted by Craig Schroer, Distr. 130

Specific objective:

Staff who work part-time but who otherwise meet the eligibility requirements for longevity pay should receive that longevity pay, proportionate to their appointments. This could be accomplished either by a change in state law so that all part-time state employees would be eligible for longevity pay or by a salary supplement for UT Austin part-time staff only.

Reason for proposal:

At present part-time staff are not eligible for longevity pay, even when they have many decades of service. That is inherently inequitable. Presumably the rationale for longevity pay in general is to reward loyal service and the usefulness to the university that accrues from the “institutional memory” possessed by long-term employees, and to encourage retention of employees in order to avoid frequent rehiring and training. All those reasons apply equally to full-time and part-time staff. It is particularly difficult to defend the present policy in situations where a long-term employee reduces her/his appointment from full to part-time for family or personal reasons. S/he does not become less valuable to the university simply as a result of the reduction, but longevity pay ceases.

Expected Staff Council action: Recommend
Expected University action: Policy Change

Discussion ensued that changing this policy would require a revision to the State Law and this would be highly unlikely.

Gayle Hight suggested a straw vote to see if UTSC would support this issue even though we are not accepting this issue. Twelve members voted to support the issue.

Result: Issue not accepted

2004-20 Massage service, submitted by Glen Worley, 130.3

Specific objective:

Expand massage service in Recreational Sports to all staff members, even if they are not current Rec. Sports members.

Reason for proposal:

Currently non-members cannot get massages from Rec. Sports. How about expand the service to all but with a different price, a little higher for non-members?

Recommend: Staff Council action
Expected University action: Policy Change

Amended: Pat Alfano suggested this be available at the Pickle Research Center as well and the main campus.

Result: Accepted, and assigned to Miscellaneous Benefits Committee.

2004-21 Bicycle lane for Speedway through the 'bicycle dismount zone', submitted by Glen Worley, 130.3

Specific objective:

Creation of a two-way bicycle lane through the area currently designated 'bicycle dismount zone' on Speedway.

Reason for proposal:

Bicyclists often ignore the current dismount zone, or they ride the wrong way down Inner Campus Drive to get around this area. Creation of a designated two-lane (one for each direction) bicycle lane would allow bicycles traffic to move predictably and efficiently through the area. Other campuses use this approach. Bicyclists would have to stay within the designated lanes; there could also be stop signs at major pedestrian crossing points.

Expected Staff Council action: Investigate & Report, Recommendation to Parking & Trans.
Expected University action: Policy Change

Result: Issue accepted and referred to Parking and Transportation Committee.

2004-22 Traffic control near Brazos garage, submitted by Shane Williams, 190.

Specific objective:

Request a barrier or other impediment to enforce "right turn only" sign at MLK.

Reason for proposal:

For years there has been a sign on the southwest corner of the Brazos garage (formerly PG3, near Jester) that requires vehicles to only turn right onto MLK. Unfortunately, this is regularly ignored, which creates at best an inconvenience to others, and at worst a traffic hazard. Ideally some sort of impediment should be placed in the way to physically enforce this policy. If not, then it would almost be better to remove the sign and paint lines to indicate separate left turn and right turn lanes.

Expected Staff Council action: Request
Expected University action: Physical Change

Discussion: Marcus Horton stated this is already being considered in the Campus plan. Within a year, the Museum would be open, and that lane will be closed. Shane pointed out that we might want to consider the motion now, since this is a safety concern.

Result: Issue accepted and referred to Parking and Transportation committee

Committee Reports:

Report from UTSC Compensation & Classification Committee
Issue 2003-3 Non-exempt vs. Exempt Status

Recommendations:

The Compensation & Classification Committee makes the three following recommendations to enhance the existing HRS web pages, in support with Human Resource Services efforts to educate the University employees:

Recommendation #1 : Add FLSA status to all active postings viewed through UT Job Search.

Recommendation #2 : Wherever FLSA status is referenced (such as the UT Pay Plan found online), add the link to the explanation of exempt and non-exempt FLSA status.

Recommendation #3: Recommend enhancing the already existing “Help” or “FAQ” section on the electronic time sheet to include the following suggested questions & answers, as well as a more visible location for the FAQ link:

Q1: What is the difference between exempt & non-exempt status and how do I know whether I am exempt or non-exempt?

A1: The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Exempt employees are exempt from the overtime and minimum wage provisions of the FLSA. Non-exempt employees are covered by the overtime provisions of the FLSA and must be paid at least the minimum wage rate and overtime when they work over 40 hours in a workweek. Your electronic timesheet displays whether your current position is exempt or non-exempt. The FLSA status of other positions listed under the University Pay Plan is available online at http://utdirect.utexas.edu/pnjd/

Q2: How does my exempt/non-exempt status affect overtime or compensating time earned?

A2: Please note: An employee must receive permission from their supervisor in advance to work any time beyond his/her normal work schedule. An employee in a non-exempt position who works in excess of 40 hours in a workweek receives additional compensation, pay or time off, at the rate of one and one-half (1 1/2) times his/her normal hourly rate for the time worked over 40. Example: A non-exempt employee works 42 hours one week (42 – 40 = 2 hrs worked over 40). He/She earns 3 hours (2hrs. X 1.5 =3) of overtime. Exempt employees do not earn overtime. Exempt employees earn state compensatory time at an hour-for-hour rate. Example: An exempt employee works 42 hours one week. He/She earns 2 hours of state compensatory time. The exempt employee has 12 months to use the earned compensatory time as paid time off.

Q3: Why do I have to record the exact number of hours worked each day?

A3: Federal law and University policy require you to record the actual number of hours worked on a given day. This is true whether you are exempt or non-exempt and failure to accurately record your work hours can lead to disciplinary action, up to and including dismissal.

Q4: I may not have always recorded my time accurately in the past. What should I do now?

A4: All employees, regardless of their classification, should begin accurately recording their time worked immediately. If you are non-exempt and have not recorded your hours accurately on your time sheet, you may be owed additional compensation. There are limitations to how far back corrections can be made. Contact your supervisor and/or Human Resource Services.

Q5: I have a special agreement with my supervisor that I should only put 40 hours on my time sheet and that we will work hours out informally. Is this OK?

A5: If that agreement involves anything other than recording the exact number of hours that you work on a given day, it is not in compliance with University Policy and should be brought to the attention of HRS/Employee Relations.

Q6: Sometimes I leave early and record extra hours on the day I leave early because I have worked extra un-recorded hours earlier in the week. Is this OK?

A6: No, you should be recording actual hours worked every day. If your schedule fluctuates and you work more than 8 hours in one day and fewer hours on another, prior approval from your supervisor is required.

Q7 : I am Code 1000, Administrative and Professional. How should I record my hours?

A7: All employees, regardless of classification, are required to record the actual number of hours worked on their time sheet. Because Code 1000 employees are exempt employees, they do not accrue overtime. They earn state compensatory time.

Q8: How much of my compensatory time can I use at once?

A8: Classified exempt and non-exempt employees can use up to 40 hours in a workweek, not to exceed two consecutive weeks with prior supervisory approval. Administrative and Professional (Code 1000) employees can use up to 20 hours of state compensatory time in a workweek, not to exceed two consecutive workweeks, with prior supervisory approval. For more information, please visit: http://www.utexas.edu/policies/hoppm/07.F.17.html

Q9: Due to my workload, I find it difficult to use my comp time or my supervisor is reluctant to approve such use. What are my options?

A9: Non-exempt full-time employees can request to be paid for their accrued comp time if using the time is not an option. Non-exempt part-time employees must be paid for their accrued comp time per UT policy. Exempt employees have one year from the time of accrual to use their comp time. If an employee experiences difficulty with his/her supervisor regarding the use of his/her earned time, please contact HRS/Employee Relations.

Q10: I volunteer to work certain campus events (i.e., Moove In, Gone to Texas, Graduation, etc.) and/or voluntarily work hours in addition to my regular work hours. Should I list these hours as hours worked?

A10: Volunteer hours are simply that—volunteer hours. Only if your supervisor requires you to work those hours are they considered work time. If these events are part of your work assignment, normal rules must be followed in recording them.

Basis for Recommendations:

The committee reviewed three goals in the original proposal:

• To educate all employees of his/her status and rights under the Fair labor Standards Act (FLSA) and UT Time Policy.
• To ensure uniform implementation of FLSA and UT Time Policies.
• To survey UT staff to determine the nature and extent of possible problems.

The idea of a survey was rejected immediately by the committee as impractical.  The University lacked the manpower and the funding to do a survey and analyze the results.  Furthermore, the results would be unreliable since it would be based on voluntary response, which would likely be low. 

Due to the impossibility of getting a survey done, the committee decided to concentrate on the first two goals of educating staff and implementation of FLSA & policy. After meeting with Kyle Cavanaugh, HRS did modify the electronic time sheet to have a FLSA status link as well as a link to the UT Compliance module to Overtime and Time Reporting.

In addition to what has already been done, the committee felt that the above-mentioned recommendations would further facilitate the goals of the original issue regarding Non-Exempt/Exempt Time Reporting and Pay for UT Austin Staff.

Respectfully submitted,
Sandra Moro Sleeper, PHR
Chair, UTSC Compensation & Classification Committee

The report was read, and the Staff Council was informed there was also a minority report on this issue. There being no objection, the minority report was read to the council- text of the minority report follows:

Minority Report from UTSC Compensation & Classification Committee
Issue 2003-3 Non-Exempt vs. Exempt Status

The undersigned, a minority of the committee appointed to the UTSC Compensation & Classification Committee, not agreeing with the majority, desire to express their views in the case.

The minority recommends acceptance of the Committee’s Report with the exception of:

• Citing two goals from the original Issue Proposal that were not included in the Committee’s Report, and
• Revising Recommendation #3, Question 4.

The goals that were not included in the Committee’s Report are:

• If survey results indicate problems are historical and widespread, call for an outside audit of employees’ time sheets in question.
• Remedy any back pay for overtime and/or compensating time owed under law.

The minority reports that since Issue 2003-3 was originally proposed in March 2003, UT System has performed an audit on time reporting procedures resulting in a new State Compensatory Time policy that was implemented by the University in June 2004. Given this audit, there seems to be no need for an additional audit or for the committee to further address this issue.

Regarding the final goal, to remedy any back pay for overtime and/or compensating time owed under law, the minority recommends a revision to Recommendation 3, Question 4. The minority feels that it is important to include information on remedies for back pay and other sources of help and advice directly in the FAQs rather than require staff to research this information directly.

The minority recommends Question 4 to read: (changes in italics)

From: Q4: I may not have always recorded my time accurately in the past. What should I do now?

A4: All employees, regardless of their classification, should begin accurately recording their time worked immediately. If you are non-exempt and have not recorded your hours accurately on your time sheet, you may be owed additional compensation. There are limitations to how far back corrections can be made. Contact your supervisor and/or Human Resource Services.

To: Q4: I may not have always recorded my time accurately in the past. What should I do now?

A4: All employees, regardless of their classification, should begin accurately recording their time worked immediately. If you are non-exempt and have not recorded your hours accurately on your time sheet, you may be owed additional compensation. There is a two-year (sometimes three-year) look back period on correcting previous time sheets. Contact your supervisor and/or Human Resource Services. If you need additional need additional information, contact the U.S. Department of Labor 1-866-4USWAGE or the website <http://www.dol.gov/asp/programs/guide/minwage.htm>

Supporting Documents Attached:

• Compensation and Classification Committee Report, Sept 2004
• Issue 2003-3, March 2004

Respectfully Submitted,
Gayle Hight

Recommendations #1 and #2 were accepted by UTSC, however Recommendation #3 has not been accepted/voted on due to time constraints and will be voted on at the end on the November 18th meeting, during unfinished business time.

Adjournment:

The meeting was adjourned at 3.30
The next regular meeting of the UTSC is November 18, 2-3:30pm, Main 212.