12.5 Part-time Conditional An appointment for a less than full-time temporary employee may be conditional Conditions established at the time of appointment may relate to enrollment and budget considerations Classes may be canceled any time prior to the third class meeting If a class is canceled, the temporary employee shall be paid for the class hours taught
12.6 Full-time Not Conditional Full-time Coaching Faculty Unit Employees may be appointed on a conditional basis All other Full-time temporary employees shall NOT be appointed on a conditional basis
12.9 Salary Placement Appointment of a temporary employee –in consecutive academic years –to a similar assignment –in the same department or equivalent unit shall require the same or higher salary placement as in his/her previous appointment
12.7 Careful Consideration Each department shall maintain a list of temporary employees who have been evaluated by the department If such an employee applies for a position in that department, the employee’s previous periodic evaluations and his/her application shall receive careful consideration
12.7 Careful Consideration (continued) Process vs. Decision Grievance Arbitration Awards Remedy Issues Role of Department Chairs
12.8 Careful Consideration (continued) The list maintained by each department or equivalent unit per provision 12.7 of temporary employees who have been evaluated by the department or equivalent unit shall include the courses previously taught in the department.
12.3 Similar Assignment/Entitlement Following two semesters or three quarters of consecutive employment within an academic year, a part-time temporary employee offered an appointment the following AY in the same department shall receive a one year appointment Entitlement - same total number of units as prior AY
Nancy King Decision Similar assignment defined as number of WTU’s during academic year Similar assignment intended for benefits eligibility
Apedaile Decision Facts: –Initial appointment: 6 units in the fall and 12 units in the spring –Change: 6 units in the fall and 6 units in the spring
Apedaile Decision (continued) Reasons for Change in Schedule: –Classes that the grievant was qualified to teach given to lecturers without one-year appointment rights in the spring. –Initial spring term assignment for grievant with knowledge that many of the courses would be cancelled for budget and enrollment reasons –Chair testified that after the cancellation of courses he could have changed the assignments given to lecturers without one-year appointment rights to provide the grievant with the full spring entitlement of 12 units, but he elected not to do so.
Apedaile Decision (continued) The Arbitrators Ruling : –Provision 12.3 must be read to give one-year appointees a priority for teaching assignments up to the units previously taught over part-timers with no such one-year appointment. Any other interpretation of 12.3 makes the language meaningless and the arbitrator is not persuaded the parties intended to negotiate meaningless language.
Apedaile Decision (continued) Effect of Ruling: –Give classes to lecturers with one-year appointment rights before giving classes to part-time lecturers without one- year rights –Transfer remaining courses after courses are cancelled for budget and enrollment reasons to accomplish this –Applies when classes are being cancelled as opposed to when new or additional courses are available. So this case is unrelated to the “new or additional” work provisions.
12.12 – 12.13 3-Year Appointments Temporary faculty (excluding coaches) Six consecutive years of service in a department on a campus One year = 1 semester or 2 quarters Automatic 3-year appointments beginning with academic year 2002/03
3-Year Appointments (continued) Timebase per 12.3 similar assignment and entitlement Timebase Entitlement –6 th year of employment for 1 st 3-year contract –3 rd year of employment for subsequent 3-year contracts
3-Year Appointments (continued) Normally renewed every 3 years “except in instances of documented unsatisfactory performance or serious conduct problems” or “unless there is insufficient work for which the faculty member is qualified.” (12.13) Part-time appointments still conditional per 12.5
Assigning Work in a Department Arbitration Award from Thomas Angelo Effective April 20, 2004
Order for Assigning Work in a Department Tenured and Probationary Faculty (incl. FERP & PRTB) Administrators, TA’s (or other students), Volunteers Qualified temporary faculty in the following order: 1. Full-time Lecturers with 3-year appointments 2. Full-time Lecturers with other multi-year appointments
Order for Assigning Work in a Department (continued) 3. Part-time Lecturers with 3-year appointments up to entitlement 4. Part-time Lecturers with other multi-year appointments up to entitlement 5. Careful Consideration per 12.7 – all PT and FT temp faculty with no multi-yr appts who were employed in the current or prior AY
Order for Assigning Work in a Department (continued) 6. Any remaining work per new or additional language: a. 3-Yr PT appointees up to FT b. Other PT appointees up to FT c. All other qualified candidates “may” be appointed
New or Additional Work Defined by Arbitrator Work a department determines is available to temporary employees –Work left behind by faculty leaving CSU on a permanent or temporary basis –Work created by new courses or sections that will be taught by temporary employees
New or Additional Work Defined by Arbitrator (continued) Any “temporary” new or additional work shall not be used to enhance a lecturers entitlement in future years “Temporary” assignments include –Assignments caused by the leave of tenured faculty –Vacancy in a tenured position during a recruitment period –Temporary absences of lecturers –Temporary funding (such as a grant)
Provisions 12.4, 12.5, 12.7, and 12.13 also apply The campus may: –Decide not to grant a subsequent appointment to a lecturer (12.4, 12.7) –Reduce a part-time lecturer’s time base due to enrollment and budget considerations, if specified in lecturer’s appointment letter (12.5) –Decline new 3-year appointments (12.13)
Questions and Answers Does entitlement change during the term of a 3-year lecturer appointment as a result of new or additional work? –Entitlement is established in the 6 th year of service prior to the initial 3-year appointment, and in the 3 rd year for subsequent appointments –Entitlement remains the same during the full 3 years of the appointment –If time base increases with “non-temporary” new or additional work in the year preceding a 3-year appointment, then entitlement increases for the subsequent 3-year appointment
Questions and Answers (continued) If someone with a 3-year contract declines work, does declined work count against an entitlement? –Declined work absolutely reduces entitlement, so no need to give another course to the 3-year lecturer Do temporary faculty get to pick and choose which courses they will accept? –No
Questions and Answers (continued) What if a faculty member retires and wishes to come back as a rehired annuitant? –Retirement breaks any entitlement (see side MOU) –Start over as “new” lecturer (category 6c) Are we required to offer a course and pay more than Full Time under new or additional guidelines if lecturer will have 16 WTU’s? –No
12.16 – 12.21 and 31.6 Range Elevation Lecturers eligible for range elevation: –Have no more SSI eligibility in current range –and have served 5 or more years in their current range Procedures and criteria established at each campus by president after recommendation from academic senate Range elevation shall be accompanied by: –5% salary increase
Year Round Operations (YRO)/ Summer Extension and Arbitration Award
Outline Article 40 of Contract Arbitration Award Agreements for Summers 2001-2003, 2004, 2005
Article 40 Collective Bargaining Agreement “Effective beginning with the summer 2004 term, faculty teaching regular credit courses shall be compensated on the same basis as in other academic terms. This provision shall apply to those campuses with state-funded summer sessions.”
YRO Arbitration Award Salary Issues Summer = 1/30 per unit Salary = Total WTU 30 Office Hours Part of the Direct Instructional Workload Retroactive SSI Credit to Lecturers and Banking Excess Units
YRO Arbitration Award Payment for Indirect Instructional Activities –Only if assigned and performed as result of summer employment –Must not be something the faculty would have done anyway Responsibilities faculty are expected to do to further professional development –e.g., research & scholarship, formal advisors to students in their field, mentoring colleagues, etc.
YRO Arbitration Award Non Salary Issues Sick Leave Accrual and Usage Use of Other Leave Programs
YRO Arbitration Award Entitlements SUMMERFALLSPRINGNEXT YEAR 06612 Units and 1-year Assignment 66312 Units for 1-year
Article 11 – Personnel Files Designate official file and custodian of file (11.1) Submitting material to file (11.2 – 11.7) Access to file, log (11.10 – 11.15) Disputed materials (11.13, 11.14)
Article 15 - Evaluation Who Participates (FERP, Probationary) PAF vs. WPAF Deadline for Closing File Evaluation Timelines Calendar Rebuttals Temporary vs. Probationary vs. Tenured Student Evaluations
Article 20 - Workload Contract Changes –Pre-1995 Normal Faculty Workload 12 WTUs direct instruction 3 WTUs instruction-related responsibilities Class size limits by class categories –1995 Contract Changes 12 plus 3 WTU standard deleted as normal workload Flexibility in making assignments that vary from “12 and 3” Department enrollment targets to be met within budget
Article 31 - Salary CSU History - Three Major Issues Existence of Merit Pay Size of Merit Pool Administrative Role
Article 31 CSU History Meritorious Performance and Professional Promise Award Program – 1984 to 1991 – Bonuses & Rotating Awards Performance Based Salary Step Increases (PSSI) – 1995 to 1998 – Applications Faculty Merit Increase (FMI) Program – 1998 to 2001 –Faculty Activity Reports –25% Merit Pools
Article 31 – Salary Joint Salary Structure Committee (31.29) Issues: –Open salary ranges –Payment above range maximums –Reforms to SSI program –Lecturer SSI Unit Banking –Payment for 16 th Unit –Lecturer SSI’s –24 vs. 30 semester WTU’s –Transition
Article 31 – Salary (continued) Recommendations: –Open Salary Ranges –No SSI Max –Replace with decreasing number of SSI’s at each rank Assistant Professor – 5 Associate Professor – 4 Professor – 3 –Post Promotion Review and Salary increase for Full Professor every 3 years