ARTICLE 5

Definitions

Section  A.  Service . When a written notice or a written response is required to be given under the terms of this Agreement , such notice or response shall be made by personal service or service by first class mail.  Personal service shall be deemed complete when the notice or response is handed to or receipted by the party to  whom directed.  First class mail shall be deemed complete and sufficient service upon mailing to the last home address of the faculty member  contained in the official personnel file .

Section B.  P.E.L.R.A .   P.E.L.R.A. shall mean the Minnesota Public Employment  Labor Relations Act of 1971, as amended.

Section C.   Employer .  Employer  shall mean the Board  of Trustees  of the Minnesota State Colleges and Universities , also re­ferred to as MnSCU .

Section D.  Administration .  Administration  shall mean the Chancellor  of the Minnesota State  Colleges and Universities , university  presidents , and designees .

Section E.  Employee(s), Faculty  and Faculty Member .  Employee or Faculty Mem­be r shall mean a member  of the appropriate unit as described in this Agreement .  Employees  or Faculty shall mean all members of the appropriate unit as described in this Agreement.

Section F.  IFO .  IFO  shall refer to the exclusive representative .

Section G.  Association .  Association  shall mean the local IFO  chapters (Faculty  Associa­tions) at each university .

Section H.  President .  President  shall refer to the presidents of each university .

Section I.  Chancellor .  Chancellor  shall refer to the Chancellor of the Minnesota State Colleges and Universities .

Section J.  Board  of Trustees  of the Minnesota State Colleges and Universities .  Board of Trustees of the Minnesota State Colleges and Universities  or Board shall mean the Board of Trustees of the Minnesota State Colleges and Universities.

Section K.  Meet and Confer .  Meet and Confer  shall mean the exchange of views and concerns between employers and their respective employees at meetings scheduled for this purpose in accordance with Article 6 of this Agreement  and the applicable provisions of P.E.L.R.A .

Section L.  Meet and Negotiate .  Meet and Negotiate  shall mean the performance of the mutual obligations  between MnSCU  and the IFO  to meet at reasonable times, including where possible, meeting in advance of the budget making process, with the good faith intent of entering into an agreement  on terms and conditions of employment without compelling either party to agree to a proposal or to make a concession.

Section M.  Academic Year .  Academic Year  is defined as beginning with the start of fall semester and ending with the completion of spring semester .

Section N.  Duty Day .    Duty Day shall mean a day included in the university  calendar  or individual faculty member 's contract appointment  on which a faculty member  engages in duties as described in this Agreement .

Section O.  Immediate Supervisor .  Immediate Supervisor  shall mean a Dean  or oth­er indi­vidual, not a member  of the bargaining unit , who has supervisory authority over faculty.

Section P.  Program .  Program  shall mean units in which a major and/or minor area of cur­ricular study is normally available.

Section Q.   Recommendation .  When the contract requires or provides for a recommendation  on a personnel action, the recommendation must include written reasons and must be signed and dated by the person or persons who make said recommendation.

Section R.  Days .  Days  means calendar  days excluding Saturday, Sunday, and legal holidays as defined by Minnesota Statutes .  Where the Agreement  sets a spe­cific date, and that date falls on a Saturday, Sunday or holiday on which the Uni­versity or Chancellor ’s Office is closed, the due date shall fall on the next regular business day.

Section S.  Minnesota State Colleges and Universities  System   (or MnSCU ) or System .  System or Minnesota State Colleges and Universities System shall mean System of Minnesota State Colleges and Universities (also known as MnSCU).

Section T.  Presidential Designee .  Whenever allowed by this Agreement , the use of a designee  by the President  shall in no way abrogate the responsibility  and ac­countability of the President for the decisions made by the designee.  Within thirty days of signing this Agreement, each President will furnish the IFO  and the local Association  a list of his/her ap­propriate designees .  A President may revise his/her list of designees after the Association has been provided an opportunity to meet and confer in accordance with Article 6.  In the event of a new President be­ing appointed, he/she will submit a list of designees within thirty (30) days of as­suming office.  No member  of the bargaining unit  shall be a presidential designee .

Section U.  Just Cause .  Just Cause  as used in this Agreement  means that there must be rea­sons for disciplinary action and that the action taken must be commen­surate with the severity of the offense.

Section V.  Resident Faculty .  Resident faculty  at Metropolitan State University shall be those faculty appointed as fixed-term, probationary or tenured faculty.

Section W.  Domestic Partner .  Domestic partner shall mean domestic partner as defined by the Department of Employee Relations.

Section X. Cohort .  A group of students, committed to an academic program , who take the same courses at the same time and location with the same instructor(s) throughout the program. Courses provided by alternative  delivery modes, such as ITV or web-based instruction, are considered to be delivered in the same location.