Subsection A. Appointments
1. Authority to Employ
The Board of Trustees is designated by statute as the employer for all its appointments which are subject to the rules and regulations of the State University Civil Service System of Illinois (SUCSS). The Board has authorized the president or designee to appoint Civil Service personnel to authorized positions.
2. Conditions of Employment
- (1) All Civil Service employees shall fully comply with all:
- (a) Applicable state and federal laws
- (b) Policies, regulations, and decisions of the Board of Trustees,
- (c) Policies, regulations, and decisions promulgated by the president, or designee
- (2) All Civil Service employees of Northern Illinois University are employed in accordance with the provisions of "An Act to create the University Civil Service System of Illinois and to define its powers and duties" approved May 11, 1905, as amended, and the rules of the University Civil Service System Merit Board (Merit Board), and are entitled to all the rights and subject to all the requirements contained therein.
- (3) Subject to the State Universities Civil Service Act, it shall be the policy of Northern Illinois University that equal employment opportunity shall be offered in the appointment of Civil Service employees and that in accordance with applicable statutes and regulations, NIU is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, age, physical and mental disability, marital status, veteran statues, sexual orientation, gender identity, gender expression, political affiliation, or any other factor unrelated to professional qualifications, and will comply with all applicable federal and state statutes, regulations and order pertaining to nondiscrimination, equal opportunity and affirmative action. The university shall use recruitment practices aimed toward identifying, securing and maintaining equitable representation and toward seeking full utilization of minorities and women in all organizational units and job classifications. The university shall also maintain affirmative action policies and procedures consistent with state and federal legal requirements which shall provide for the fair, impartial and equal treatment of applicants for employment and promotion and which shall assure that the university recruits from an appropriate pool of available qualified applicants.
- (4) Certain Civil Service employees shall be governed by "Disclosure of Economic Interests" rules as provided in the faculty and administrative employee section of these Board Regulations.
- (5) An employee shall not, through his or her position with the Board or university, (a) coerce, command, advise or solicit anyone to pay, lend or contribute money or other thing of value to any partisan party, committee, organization, agency or person for political purposes; (b) use Board or university funds, resources or time for any political candidate or partisan purpose other than educational.
- (6) The president or designee shall make and publish such additional rules and/or procedures as deemed appropriate to carry out the purpose and intent of the Board Regulations pertaining to Civil Service employees.
- (7) The president or designee may officially accept resignations tendered by employees.
b. Schedules, Hours and Overtime
The working schedules and hours shall be established by the president or designee and must be in accordance with the applicable provisions of state and federal law. Work schedules may be changed from time to time to meet varying conditions of the programs of the university.
Employees may be required to work overtime. Such overtime work, however, shall be limited to unusual, essential, or emergency situations and, insofar as practicable, shall be fairly distributed. Employees covered by a collective bargaining agreement who are required to work overtime will be compensated in accordance with the terms of that agreement. Employees in positions not covered by collective bargaining agreements will be compensated at a rate 1 1/2 times the regular rate of compensation for all overtime hours worked. Compensatory time may be authorized as permitted by law by the president or designee. These overtime provisions are not applicable if the employee's position would be defined as exempt under federal Fair Labor Standards Act criteria.
3. Financial Exigency Procedures
Civil Service employees shall be covered by the provisions dealing with financial exigency in Section II.G.2. of these Regulations, provided, however, that:
a. Reduction Criteria
The criteria utilized in making reductions and rehiring Civil Service employees as a consequence of financial exigency shall be based upon existing practices and agreements at the university and the rules of the SUCSS.
b. Layoff and Notice
Civil Service employees with status appointments who are released from university employment shall only be subject to layoff as provided by the rules of the SUCSS, and shall be provided the notice required by the same rules.
4. Physical Examination
Northern Illinois University shall establish procedures for physical examinations of new employees consistent with Illinois statutes and with university requirements.
5. Family Relationships
Civil Service employees are selected for employment and promotion without regard to relationship by blood, marriage, or civil union in accordance with appropriate qualifications for the performance of specified duties. However, no individual participate in personnel decisions involving employment, retention, promotion, salary, leave of absence or other direct benefit to an individual employee who is a member of the same immediate family or immediate household. Immediate family includes an employee's spouse, party to a civil union, parents, brothers, sisters, children, and children of an employee's party to a civil union.
In accordance with P.A. 96-1513, a party to a civil union shall be defined as a person who has established a civil union pursuant to this Act. "Party to a civil union" means, and shall be included in, any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the law. A civil union is a relationship between two people of either the same or opposite sex.
6. Rehiring of Retirees
The employment of personnel retired under the State Universities Retirement System (SURS) shall be in accordance with university procedures authorized by the President. Compensation for employment of a person receiving a retirement annuity under the SURS shall not exceed limitations set forth in relevant provisions of the Pension Code, including Article 15 and/or other applicable statues, nor any limitations set forth in Public Act 97-0968 that would create employer obligations pursuant to rules and definitions pertaining to an Affected Annuitant.
Retirement (annuity) or separation refund (lump sum distribution) under retirement plan options available under the SURS constitutes resignation of employment from Northern Illinois University, subject to any subsequent re-employment pursuant to this Regulation.
7. Grievances and Arbitration
Employees shall have the right to a fair hearing on any request or complaint arising in the course of employment. Each supervisor and each employee has an obligation to make every effort to resolve employment relations problems as they arise. Further, the university shall maintain a grievance procedure whereby issues may be resolved via written communication, as well as provide for arbitration or the equivalent, except for those subjects excluded from arbitration by the institution. All grievance and arbitration procedures are subject to the provisions of any applicable collective bargaining agreement.
8. Work Stoppages
In the event of a strike or work stoppage on the part of any employee of the Board of Trustees, the president is authorized to commence legal proceedings as may be appropriate. Prior to such action, the Board shall determine and declare that the strike or work stoppage is unlawful or is a clear and present danger to the health or safety of the public. No activity constituting interference with university activities or operations shall be conducted on university property.
Except to the extent legally provided for in the Illinois Educational Labor Relations Act, there shall be no concerted interruption of services provided to the university by employees. There shall be no participation with respect to a strike, sympathy strike, slow down, work stoppage, or failure to perform fully and faithfully university functions or responsibilities by university employees.
9. Proceedings Before the Merit Board
The president or designee shall be notified on a timely basis of any proceedings initiated before the Merit Board.