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UConn-AAUP Collective Bargaining Agreement Overview
Michael Bailey, UConn-AAUP Executive Director Tom Peters, Gene Salorio, Suman Majumdar, Evelyn Simien, Amy Kenefick Moore June 26 & 27, 2017
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Final Bargaining Controlled by SEBAC TA signing – “all unit bargaining concluded by….” Originally June 13, 4:30 PM Then June 20, 4:00 PM We finished June 22, 2017 after 4 straight days, almost around-the-clock Thank Team members: Tom Peters, Gene Salorio, Suman Majumdar, Evelyn Simien, Amy Kenefick Moore, David Amdur Endorsed by the Officers of the Chapter; EC presented with Agreement on Thursday for approval to send to membership.
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SEBAC TA Reached Finalized over the weekend
Available on UConn-AAUP Website Highlights: Extension of the Agreement until 2027 with layoff protections until 6/30/2021 No change in pension structure until 2022 Increase in pension contribution – 2% over contract No change in health care plans: POS, POE Increase in premium sharing by 3% over contract Group Medicare Advantage vehicle for retirees health plans
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UConn-AAUP Contract Ratification Timeline
July 3, 2017 – from Survey and Ballots : Voting Begins July 13, :00 PM – Voting Ends July 17, 2017 – Tallying/Announce results One Ballot – Two votes SEBAC Vote Yes No UConn-AAUP/BOT Vote
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Article 19 Salary & Benefits
August 23, 2017, August 23, 2018 – 0% General Wage Increase (GWI) July 1, 2018, one time payment of $2000, full-time unit members Pro-rated for part-time Adjuncts $1,000 for multi-year, $500 at least 6 credit, $ credits August 23, 2019, August 23, 2020 3.5% General Wage Increase 2% Merit Promotional Increases Effective August 2017, 2018 Effective August 2019, 2020 Instructor - $800 Assistant Professor – $1,200 Associate Professor - $2,500 Professor – $3,500 Instructor- $900 Assistant Professor – $1,500 Associate Professor – $3,000 Professor – $4,500
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Article 19 Salary & Benefits (Cont.)
Tuition Reimbursement – $20,000 ($11, 576) Child Care - $160,000 ($80,000) Professional Development – $2,000 max; (FY $1,200) (FY $665,635) FY $760,000 FY $810,000 FY $860,000 FY $910,000 30% restricted to junior faculty in years 1 - 7
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Article 19 Salary & Benefits (Cont.)
Longevity Payment – per SEBAC 2017, April 2018 payment pushed to July 1, October payment “on-time.” Adjunct Compensation: August 23, $1,556 August 23, $1,556 August 23, $1,700 August 23, $1,732 2 or more years of continuous employment – 2% increase (1%)
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Article 19 Salary & Benefits (Cont.)
Provost Fund – From General Fund (.19% out): “For making increases in base salary as he/she sees fit in order to retain faculty in the face of market competition; to address other salary disparities including salary compression and inversion, to make equity adjustments, or to recognize special achievement.” “Faculty may also apply for such increases on the basis of salary disparity, including equity, or for promotions prior to the commencement of this Agreement.” FY $300,000 FY $300,000 FY $300,000 FY $300,000
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Article 19 Salary & Benefits (Cont.)
Furlough Days – 3 “Employees may schedule their furlough days as they choose, before Jun30, 2018, balancing competing responsibilities of teaching, research and service, subject to the approval of their supervisors in accordance with University business needs and staffing requirements. Job Security – protection from loss of employment for full-time and multi-year appointed bargaining unit members through June 30,
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Article 13- Members of the Unit Not In A Tenure Track
New to Article - All Faculty with Clinical Titles – Audit of personnel to determine immediate eligibility for multi-year appointments Out of Article - Athletic Specialist (Coaches, Trainers, Admin Personnel) Separate Article negotiated Just Cause for non-renewal of multi-year appointments maintained Examples of just cause expanded – incompetence, failure to meet continuing education requirements, or to fulfill professional responsibilities.
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New – Coaches & Trainers
Pertains to titles of Head Coach, Associate Head Coach, Asst. Coach, Trainer – All Specialist IA-IVA Two Tiers I – Football & Basketball II – All Other NCAA Sports No member assigned to Tier I or Associate/Asst. Head Coach assigned to Tier II, may be hired or renewed for a term longer than the head coach of their sport Following a 1-year probationary period, Trainers & Specialists in Tier II shall be eligible for 1-year appointments, in 7th year or prior too, shall receive multi-year contracts of 3 and 5 years – non-renewal for cause
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New – Coaches & Trainers (Cont.)
Notice of Termination - Tier I employees employed exclusively by Tier I teams; if Head Coach separated before end of contract, Tier I employees w/ < 1 year receive 90 days notice; Tier I employees w/ >1 year receive 180 days Audit conducted by Administration by 12/30/17 to determine who is eligible for multi-years who don’t yet have one Just Cause protection for Dismissal or Discipline for employees in all Tiers Non-Renewal shall not require just cause except for Trainers & Specialists in Tier II ( similar to Art. 13 protections)
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Compensation for Online Course Development
In order to receive compensation, member must sign Online Course Development Agreement Minimum for developing online course shall be $7,500 ($5,000) “Right of first refusal” in Online Course Development Agreement means during each term, the developer shall be given first opportunity to instruct course they created. If they decline, another instructor may use/adapt material without further compensation to developer.
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Summer and Intersession Compensation – New
Non-W Credit Courses $1,700 ($1,620) per credit for enrollments up to and including 8 students; $189 ($180) per credit per student will be added for each additional student up to maximum of 11% of faculty member’s normal academic year salary Effective August 2020 – $1,794 per credit, $200 per credit per student for additional students W Credit Courses $1,700 ($1,620)per credit; $231 ($220) per credit per student for additional over 8 August 2020 – $1,794 per credit; $244 per credit per student for additional students
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Article 25 – Merit Pulled back on adjusting percentage of distribution – maintained current allocation – 30% to Provost and Deans 2% of salaries establish Merit Pool for distribution in August 2019, and August 2020 Departments may establish merit criteria consistent with new article on Departmental Faculty Governance
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Article 26 Temporary Employees
New - Notice of Termination ( similar to Art. 13) In the event of programmatic change, low course enrollment, or bona fide fiscal constraints during term of employment contract, notice of termination and benefits is as follows: Semester appointments – 30 days notice, if after first day of class – compensated for remainder of semester Annual appointments < 3 continuous years, or semester appt.’s with 6 or more consecutive semester – 45 days Annual appointments with > 3 continuous years – 60 days New – Notice of Non-renewal pay and benefits: 30 days - <3 years; 60 days > 3 years
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Article 26 Temporary Employees (Cont.)
Existing adjuncts with 10 consecutive semester are eligible for multi-year contracts. New adjuncts are eligible for multi-year contracts after 12 consecutive semesters No break in service if course is not available, course is assigned to a full-time faculty member, documented health reasons, or demonstrable need for better qualifications ( teaching related qualifications) Right of first refusal to teach lab sections associated with any course section that the adjunct is the instructor of record, compensation for labs will be paid at the AAUP negotiated rate Multi-year contract adjuncts not reappointed have internal process for redress (due process)
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Article 24 Research Assistants & Research Associates
Annual Salary Adjustments – receive merit percentage articulated in Art. 19 formula Full time RA’s shall receive: 22 vacation days Enumerated Holidays 15 sick days for bona fide personal illness ( may be required to provide med. Cert) Each year of contract, 1 day of personal leave is given RA’s less than full time entitled to leaves with pay on a pro-rated basis.
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Article 24 Research Assistants & Research Associates (Cont.)
Re. Layoffs Grant funded/Contract RA – less than 30 days notice receive cash payment of the portion of 30 days not given. $20K fund established for such cases. Max cash payment of 2 pay periods of salary Supervisors Written Warning; Non-bargaining unit Supervisors - Reprimands Dismissal Procedures maintained Internal Disciplinary Review Panel Reclassification/Promotion Process codified Requested by PI or RA, conducted by HR within 4 weeks of job audit application; if higher level classification is warranted, RA will receive $500 increase in salary
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Article 15 – Selection and Review of Department Heads
Department Head Search Committee Majority of committee elected by members of the department. No More than 7, no less than 3 department faculty members unless otherwise agreed. Election done entirely within department Dean may appoint additional members of the bargaining unit that can constitute at most a minority of the committee Others outside bargaining unit can be added by agreement between Dean and a majority of the votes case by eligible department members No candidate may be appointed Department Head who is not recommended by the search committee
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Article 27 – Discipline for Tenured and/or Tenure-Track Faculty
Secured significant gains - appeals of dismissal or discipline for job performance from the By-laws to the procedure outlined in Article 27, leads to arbitration. This allows for a third party to determine incompetence, or failure to meet satisfactory standards of job performance or failure to meet continuing educational requirements, or to fulfill professional commitments. Prior to this, appeals of discipline or dismissal for performance related issues were restricted to the By-laws grievance process, which would ultimately result in a decision by the Provost, President or Board.
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New Article - Parking Maintenance of 1 “free” ticket per semester (paid and no parking available) Increase rate Aug 2016 – grievance filed. Resolution – no increase July 1, 2017, 2018. August 23, 2019 – 3.5% increase to rate August 23, 2020 – 3.5% increase to rate Administration reserves right to provide non-Area 2 parking on any campus, if non-area 2 parking available to bargaining unit members, rates will be negotiated with UConn-AAUP (Hartford) Sliding Salary Scale changes: 50% up to $50K; 75% for $50,001-$75K; greater than $75K – 100%
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Article 1 – Recognition Cleaning up language e.g. “ Specialist I, II, II, IV” Adding “Assistant Research Professor” and “Research Professor” for consistency Adding “Facilities Scientist I, II, III, IV” to reflect titles used in industry Agreed on: 12/7/15
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Article 2 - Exclusions Changes to reflect current practice e.g. adding… “Executive Vice President and Chief Financial Officer”, “Chief of Staff”, “Deputy Chief of Staff” “University Staff Professionals I-VI” “Graduate Assistants and Graduate Students” “all confidential and managerial employees” Agreed on October 16, 2015
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Article 3- Academic Freedom
UConn-AAUP Initial Proposal – robust statement on Academic Freedom including discussion on freedom of research and publication, freedom of teaching, freedom of internal criticism, & freedom of participation in public debate” – included the ability to file a contractual grievance for violations of academic freedom Admin. Response – Academic Freedom is not a condition of employment subject to the grievance office. November 18, 2015 Demonstration for Academic Freedom Resolution through mediator on Jan. 22, 2016 – reverted to existing contract and UConn By-Law language ( as of 8/5/15) and added the following language “ Discipline will not be used to restrain bargaining unit members in the exercise of academic freedom. Academic freedom can be used as a defense in any disciplinary proceeding.”
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Article 4 – Governance Admin. proposal to maintain current language
AAUP Counter-Proposal to make it grievable by proposing to remove the line, “ This article on governance is a statement of intent and policy and is not the subject of the Contractual Grievance Procedure”. Agreed on January 22, 2016 as a part of private mediation in conjunction with a TA on Article 7 – Board Prerogatives
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Article 5 – Non-Discrimination
Expanded classification, protection from union discrimination, maintain ability to grieve violations Included in package of Articles on 10 (Contractual Grievance Procedures) & Article 16 ( AAUP Rights)
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Article 6 – Diversity and Affirmative Action Policy
All took place on April 19, 2017 Admin Proposal – Similar language to old contract in allowing two AAUP representatives to server on committee charged with advising President and Provost on diversity issues, with addition of “ in the event such a committee is established.” Addition: Due Process to protect members from discrimination, prejudice, and distortion in PTR or other personnel records UConn-AAUP Response – Agreed with part one, Due process provision now under separate new article – more appropriate as a standalone article
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Article 7 – Board Prerogatives
Parties agreed to retain current language on Article 7 (and Article 4) during private mediation on January 22, 16.
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Article 8 – Maintenance of Procedures
Parties came to agreement on January 22, 2016 during private mediation Allows for UConn-AAUP input on policies and procedures impacting mandatory subjects of bargaining and allows for notification of policy changes affecting bargaining unit members, removes interim panel step, and cleans up language
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Article 9 – Meet and Discuss
Admin. proposal – limit UConn-AAUP access to meeting with the University President by deleting a passage that allows the AAUP to meet directly with the President to discuss non-contractual matters pertinent to the membership and to civilly resolve potential disputes UConn-AAUP and Administration agree to language on February 12, 2016
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Article 10 – Contractual Grievance Procedure
Proposal ( 10/5/16) included in package of 5 & employee could simultaneously engage in the grievance process and the process afforded by OACE and OIE. Previously and existing contract provides that BOT would have no obligation to entertain grievance if alternative remedy sought in an administrative or judicial forum Agreed on 12/14/17 - includes ability to continue with grievance process and OIE/OACE process
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Article 11 – Additions to the By-Laws Grievance Procedures
Admin. Proposal 12/30/17 – Except for disciplinary and contractual grievances, matters arising from UConn By-Laws must be brought through By-Law Grievance process; members cannot simultaneously pursue remedy via Article 10 at the same as pursuing remedy though University By-Laws Parties agree to language on 2/16/16
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Article 12 – Personnel Files
Proposal on – Members are entitled to inspect personnel files in personnel action in the department offices, clarification that official personnel file housed in HR, clarification of personnel file to include evaluation of performance or conduct Parties agree to language on 11/20/15
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Article 14 – Reduction of Staff for Discontinuance of Programs & Financial Exigency
Article title change to “Reduction of Staff for Discontinuance of Programs or for Financial Exigency” Adding “regional campuses” to university’s responsibility to offer a range of courses in the event of the need to terminate faculty $1K to $2k increase for reimbursement for professional placement/occupational counseling services if tenured faculty member laid off due to financial exigency $1K to $2k increase per semester reimbursement for coursework during notice period when tenured faculty member received notice of layoff Standards of notice for reasons unrelated to…changing “financial considerations” to “financial exigency”
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Article 16 AAUP Rights Presented by Admin. on 10/29/15 in package of proposals on Governance ( 7, 8,9, 15, 16, and MOA #3) UConn President to transmit UConn-AAUP recommendations on governance to BoT 5 UConn-AAUP Representatives will be given a workload reduction Teaching members: 1 course per semester ( can occur in a different semester) Non-teaching members: equivalent of one course release per semester, negotiated with Dean or Director Copies of agreed to CBA will be online as opposed to written physical copies Agreed to by the parties on 12/14/16
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Article 17 – AAUP Security and Payroll Deduction
Member of the bargaining unit has freedom to decide whether to become a member or not. A member of the bargaining unit who is not a member of the AAUP shall pay agency service fee pursuant to C.GS Dues Deduction Language Agreed to by the parties on 12/17/15
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Article 18 – Longevity “Longevity payments are based on an employee’s title and appointment term, as well as length of service.” As in previous contract, employees hired on or after July 1, 2011 are not eligible for longevity Payment for longevity will be made in July 2018 as per the SEBAC Tentative Agreement of 2017 Parties Agreed on June 8, 2017
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Article 19 – Salary and Benefits (cont)
Tuition Waiver Tuition Reimbursement – Sum of 20,000 allocate each year of agreement Professional Development Fund FY18 – 760,000 FY19 – 810,000 FY20 – 860,000 FY21 – 910,000 Childcare Reimbursement Fund – 160,000 pool each year Adjunct Faculty Compensation Effective August 23, 2017 – 1556 per credit 2018 – 1556 per credit 2019 – 1700 per credit 2020 – 1732 per credit Adjuncts w/ more than 2 academic years of continuous employment, minimum remuneration shall exceed those amounts by 2%
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Article 19 – Salary and Benefits (cont)
Provost Fund ( to address market competition, salary disparities – equity, compression, inversion) FY18 – 300K FY19 – 300K FY K FY21 – 300K Furlough Days 3 days between July 1, June 30, 2018 Job Security During life of agreement, no loss of employment including loss of employment due to programmatic changes Does not apply to: Expiration of fixed appointment term, except Article 13 members on multi-year appointments Non-Reappointment of NTT under University By-Laws Termination of grant or outside funding except when employee is a permanent employee Part-time employees eligible for state health benefits except adjuncts who are multi-years ( subject to adequate course enrollment, satisfactory teaching evaluations, and continuation of course offerings)
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Article 20 – Minimum Terms
Language that specifies the CBA is a minimum terms employment contract ( same as existing language) Addition that any agreements between the individual member and the Administration that exceed minimum terms of the CBA, must be in writing and approved by the Dean or their equivalent Agreed to by the parties on 12/7/2016
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Article 21 – Continuation of Services
Original proposal changed “Board” to “University” Agreement reverts back to current language using “Board” Agreed to by the parties on 12/7/2016
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Article 22 Mergers and Acquisitions
In the event UConn acquires other educational institutions, the faculty members of the newly acquired institutions that are not members of the bargaining unit, become members of the bargaining unit. Agreed to by the parties on 12/7/2016
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Article 23 – Savings Clause
Same as current language If any provision is contrary to the law, the remaining provisions remain in effect. Agreed to by the parties 12/2/2015
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Article 28 – Duration of Agreement
July 1, 2017 – June 30, 2021
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Article 29 – Patent Rights
Existing language plus addition of statutory provision C.G.S. 10a-110d incorporated by reference Allows for arbitration over disagreements as to the allocation of any invention rights and obligations with reference to inventions obligations of any employee or due performance participation of any employee in net proceeds Agreed to by the parties on 4/4/2017
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MOA #3 Tenure Appeal Final language included existing terms plus the following changes… Decision to appeal must be made within 37 days if faculty member receiving denial by the Provost Faculty member must decide between contract tenure appeal process or University Bylaw process Agreed to by the parties on 12/29/15 during private mediation
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MOA#4/New Article – Agricultural Extension
MOA#4 under the current contract will be incorporated as a new article in this tentative contract. Bylaws concerning academic tenure apply to tenure/tenure-track faculty in Agricultural Extension Parties agreed on 3/22/16
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MOA #7/New Article – Flexible Semesters
Incorporate MOA #7 text into new contract with updated phrase… This exchange will not be considered inload part of the faculty member’s regular teaching load and will not be eligible for extra compensation. Agreed to by the parties on 3/22/2016
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Appointment, Promotion, Tenure, and Reappointment - New
Administration sought to make large scale changes in the PTR process for incorporation into CBA. UConn-AAUP surveyed the membership in January 2017 Ultimately given the context of the state political environment and it’s impact on the negotiation’s timeline, both parties agreed to establish a work group to discuss negotiable aspects of the PTR procedures. Agreed to by the parties 4/18/2017
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Faculty Workload-New Five proposals exchanged by the parties containing proposals regarding Workload Baselines, Workload & Merit, and Workload Requirement Compliance. Ultimately, both parties agreed to withdraw their perspective proposals and agreed to do so on April 19, 2017
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Faculty Governance – New
Requiring each department/unit develop the following documents Department/Unit By-Laws Merit Criteria Promotion and Tenure Establishing PTR Committee to advise Department Head on PTR decisions Workload Policies Documents drafted by faculty elected department committees and shall require approval by a majority of eligible Department Voters Agreed to by the parties on April 26, 2016
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Student Evaluations of Teaching - New
For Full-Time Faculty and Adjunct Faculty ( who have been employed at least 5 semesters over 5 yr period)… SETs cannot be used as the sole criterion of teaching for purposes of discipline, promotion, tenure, reappointment, or non-reappointment. Agreed to by the parties on March 22, 2016
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Due Process in University Personnel Matters -New
“ Due Process requires the University to protect members from discrimination, prejudice, and distortion in their records pertaining to evaluation for promotion, tenure, and other University personnel matters.” Agreed to by the parties on April 19, 2017
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Why are we negotiating a labor agreement with the Governor’s Office?
ctmirror article on the GOP plan, May 31, 2017: Senate Republican leader Len Fasano unveiled a plan to achieve nearly $2.2 billion in savings — with or without union consent. But it would require officials to: Suspend or eliminate arbitration for unionized employees’ wages; Replace all overtime with compensatory time; Increase worker contributions toward retirement health care and require more service before guaranteeing this benefit; And triple all workers’ pension contributions in future years. “We have the power within the legislature to change statutes, prospectively and currently, to achieve savings,” Fasano said. “ … This is the power we have. We don’t have to sit back and wait.”
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1. SEBAC & CBA both win Ratification Ballots
4 Possible Outcomes: 1. SEBAC & CBA both win Ratification Ballots SEBAC & CBA both win. SEBAC vote determined over all units, SEBAC rules CBA vote determined by majority. Forwarded to legislature for approval/rejection. (a wild card, with Senate tied across parties.) If approved Governor can sign (likely) or veto.
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2. SEBAC wins, but CBA fails
If SEBAC is approved & signed, costs imposed. No job security, no raises. Our CBA continues under negotiation, uncertain ….
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3. SEBAC fails, but CBA wins
SEBAC not sent to legislature. CBA is null and void. State budget has huge hole, wide spread layoffs likely.
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(same as previous slide)
4. SEBAC and CBA fail (same as previous slide) SEBAC not sent to legislature. CBA is null and void - renegotiate. State budget has huge hole, wide spread layoffs likely.
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Executive Director, Officers (EC to consider Thursday)
Recommendation By Executive Director, Officers (EC to consider Thursday) Vote strongly for both. Encourage others to vote. Legislature may scrutinize tallies.
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