Article 17. Professional Responsibilities and Rights

CBA Article 17.
Professional
Responsibilities and Rights

 

Section 1.  Professional Latitude in Performing Work

The Union and MIT recognize that employees work under the supervision, coordination, and authority of faculty, academic staff instructors, principal investigators, and academic and research administrators. Consistent with this guidance and directives from these supervisors and administrators, employees shall have reasonable latitude in exercising their judgment within their area of expertise and in deciding how best to accomplish their job duties within the scope of directions given by their individual supervisor. When providing teaching support under the supervision of a faculty member or other instructor in charge, employees will have reasonable latitude to exercise their judgment in deciding how best to fulfill their duties and to support the learning objectives of a course consistent and commensurate with any guidance or directives of the faculty member or instructor in charge.

When working in a laboratory or a research group, employees should participate in discussion with their mentors, advisors, or supervisors, as well as others working on the project, and are free and expected to offer their own views and interpretations in those discussions. When working for a principal investigator on funded or unfunded research, employees should feel free to offer their independent judgment, while recognizing that the grant or project has objectives and that the principal investigator is the final arbiter.

Section 2.  Desk and Office Space

Private space will be provided to employees appointed as teaching assistants (TAs) to meet confidentially with students, as available. Access to desk space (private or shared) will also be provided as necessary and as physically available. The employee will initiate contact and work with the appropriate representative of their employing program, department, lab, or center (DLC) (typically the employee’s supervisor or employing program/DLC designee) to discuss space needs as may be necessary and appropriate pursuant to this Section, including considerations of areas to keep personal belongings and food and drink.

Section 3.  Changes in Work Location

If an employee’s work location at MIT is to be moved to another location at MIT, the employee will be notified at least seven (7) days before the move. If an employee’s work location is removed entirely from MIT’s campus, or if there is a substantial alteration of the employee’s workspace, the employee will be notified at least fourteen (14) days before the move or alteration. In circumstances where it is not possible or practicable to provide fourteen (14) days’ notice, notice shall be given as soon as possible. This provision does not apply when the move is necessitated to address a harassment issue, workplace dispute, or safety concern where the need for prompt response is paramount.

Section 4.  Remote Work

An employee may request that they be permitted to perform some or all of their work remotely, consistent with MIT’s Remote Appointment Guidance and existing policies. Requests for remote work for thirty (30) days or fewer require approval only from the employee’s direct supervisor. For periods away from campus of more than thirty (30) days for academic and research reasons (e.g., field research), employees are required to apply for thesis in absentia or non-residential appointments, as applicable. Requests for remote work due to absolute barriers or significant hardship (as defined in the Remote Appointment Guidance) for more than thirty (30) days require, in all cases, supervisor and academic department/program head approval. For remote international appointments, additional approval is required from the remote appointments review team overseen by the Office of the Vice Chancellor. See also Article 12, Section 3, International Employee Unable to Be Present in the United States.

In such cases where approval has been given or when required, MIT reserves the right to set the parameters for remote work by the employee, and the employee shall be subject to any procedures, restrictions, limitations, and other guidelines on remote teaching and learning and remote work that may be set by MIT in a given case. The supervisor or academic department/program head will discuss such matters with the employee in advance of the start of remote work, and employees should follow any recommended additional guidelines for particular situations.

Any remote work arrangement may be terminated at the sole discretion of MIT at any time, with reasonable notice to the employee, taking into account the supervisor’s or academic department/program’s needs, the employee’s remote situation, and other factors deemed relevant to MIT. Such reasonable notice shall normally be no less than thirty (30) calendar days, research work needs permitting.

In the case of an employee working remotely, the employee may request assistance from MIT’s Information Systems & Technology (IS&T) office, or other appropriate offices, with regard to internet access and other technical support in accordance with MIT’s procedures. MIT shall provide services, materials, and facilities that in the judgment of MIT are necessary to carry out assigned duties, which the employee shall receive at no cost when working remotely, pursuant to other Sections of this Article. Employees shall bear the cost for appropriate internet service and securing a workspace when working remotely.

Section 5.  Access to Tools and Supplies

MIT shall provide employees with supplies, materials, and/or software that MIT considers necessary to perform duties related to their employment. MIT shall not require an employee to purchase or obtain any job-related materials or equipment, including copying expenses, beyond those an employee would need to appropriately pursue their degree programs. Subject to the foregoing, the tools and supplies employees shall have access to will include:

A.  After-hours and weekend building access;
B.  Specialized computing resources with on-campus internet access and available technical support;
C.  Appropriate software and hardware for printing, plotting, graphing, and photocopying;
D.  Basic lab equipment;
E.   Library privileges;
F.   Any required books, equipment, and/or software necessary to the successful completion of their work assignments;

a.   In the case of books, employees serving as TAs or instructor Gs shall have access to instructor copies upon request to their supervisor, rather than standard copies, if they exist and are readily available (if not, employees shall receive a standard copy);

G.  An MIT email account;
H.  Office supplies, including chalk and dry-erase markers; and
I.    When an employee is teaching a course not of their own design, a syllabus for that course and access to materials and full course evaluations from previous years.

Section 6.  Mandatory Supervisor Meeting

Employees shall have an initial meeting with their direct supervisor (principal investigator or teaching instructor), either prior to the start of their appointment or within the first few weeks of the appointment start date, to discuss responsibilities and expectations. TA supervisors shall discuss grading duties and provide guidance around grading criteria.

Section 7.  Expenses and Reimbursement

With preapproval of an employee’s supervisor, and subject to Section 5 of this Article, work related expenses, including but not limited to materials, equipment, and services not provided by the department, and cost of approved travel, shall be paid for by MIT, unless agreed upon by both parties that the employee will make the purchase and get reimbursed.

Reimbursement shall be prompt upon the submission of a receipt or documentation of the expense. Requests for approval shall not be unreasonably denied.

Section 8.  Intellectual Property Rights

Employees shall have the same intellectual property rights as faculty and staff employed by MIT with respect to inventions, copyrightable materials, and other intellectual property created as part of their work, except where MIT policy grants greater rights to students. In all cases, MIT policy (Policy and Procedures 13.1) shall control.

Section 9.  Funding Transparency

An employee may make a written request to the director of administration and finance of the department or program where they are seeking their degree, seeking information about the source of funding for their appointment. Upon receiving such a request, and in addition to the information provided under Article 15, Section 3, Content of Appointment Letter, MIT shall provide the donor name associated with any donor-named fund (as applicable, and provided that such information has not been deemed confidential).

If the employee does not wish to be supported by the source of the funding identified, they have the right to refuse the appointment. However, in such cases, MIT has no obligation to identify alternative funding.

Section 10.  Other Work

MIT, including supervisors and department staff, may not prevent employees from earning additional income except when such work would violate state or federal law, regulations, applicable sponsor or agency policy, or any MIT policies in effect as of the ratification of this Agreement, provided, however, that MIT will no longer apply its Conflict of Commitment policy, or any departmental policies of the same spirit, to employees who are not named as senior or key personnel on a sponsored award. The parties acknowledge that MIT shall update its graduate student policies and procedures relating to conflicts of interest and/or outside professional activities to include the following terms:

Employees shall (a) provide information about any proposed outside professional activities (including time commitments); (b) submit a declaration that they do not believe that their outside commitments constitute a conflict of interest with their commitments to MIT; (c) confirm that the work is technically separate and distinct from MIT institutional responsibilities and the work deliverables are clearly stated; (d) commit to performing the work outside of regular work hours, as defined in Article 19, Workload; and (e) restrict outside professional activities to eight (8) hours per week.

MIT will also develop procedures to implement the foregoing.

Requests by employees to engage in outside professional activities shall require research supervisor, academic advisor, and department head approval. Exceptions to Subsections (c), (d), and/or (e) above may be granted only upon written approval of the employee’s research supervisor and academic advisor.

MIT shall provide the Union with an opportunity to review these proposed updates prior to publication. The Union acknowledges that, in cases where employees receive funding from outside sources, such funding sources may impose their own restrictions on employees’ ability to work outside of MIT, and MIT and the employees may be required to comply with such restrictions.

Section 11.  Break-Room Facilities

MIT shall make microwaves available for employees to use, at no cost, at the following locations: 100 Main Marketplace, Koch Cafe, Forbes Cafe, Hayden Cafe, Bosworth’s Cafe, Steam Cafe, Dunkin’ (Stratton Student Center), and Lobdell Dining Hall.

Section 12.  Parking Access

Employees, after their first year, shall have access to the same or similar on-campus parking facilities as faculty and staff in their department. Employees will be charged daily parking fees for each day they park, up to an established annual cap, and will be assigned a parking area by MIT. With the approval of the Student Disability and Access Services Office, employees may be assigned to other parking facilities.