1. UNIT 18 FORUM APRIL 23, 2008

2. AGENDA Review basic elements of existing contract New Issues  Salary  Merit Guidelines  Workload Layoff

3. BACKGROUND June 2003, UC and AFT reached agreement on a labor contract that significantly changed lecturer’s terms and conditions of employment Current contract is effective October 3, 2007 – July 21, 2010

4. DEFINITIONS NSF -- Non-Senate Faculty—Instructional faculty in the Unit 18 bargaining unit Pre-Six--NSF who has fewer than 12 semesters of service credit in a department POST-SIX--NSF who has gone through a 6 th year review (Excellence Review) CONTINUING--Appointment is continuous unless terminated through resignation, layoff, or dismissal

5. DEFINITIONS EXCELLENCE REVIEW— Review conducted during 6 th year to determine if NSF should receive a continuing appointment NEEDS ASSESSMENT—Departmental assessment of continuing instructional staffing needs SEMESTER COUNT—Time accrued by an NSF in a department towards 6 th year

6. DEFINITIONS BASE PERCENTAGE--Percentage appointment as initially set by the department in which NSF is appointed to a continuing appointment. PERMANENT AUGMENTATION—Base percentage is increased on a permanent basis TEMPORARY AUGMENTATION—Base percentage is increased on a temporary basis to meet a temporary instructional need.

7. DEFINITIONS LIMITED TIME APPOINTMENT— Appointment for a limited time based on programmatic or pedagogical needs POST 6 YEAR AVOIDANCE—Activity or policy whose sole purpose is to deny Pre- Six year NSF access to Continuing Appointment

8. PRE-SIX Appointment letters will include  Assessment Criteria  UC and AFT website addresses Must conduct assessment prior to reappointment Assessment must be based on criteria outlined in appointment letter

9. PRE-SIX-SALARY Upon reappointment to the fourth year, NSF receives a two-step salary increase if the NSF has not yet had a within-range increase in the preceding three years Salary can be different by department

10. SEMESTER COUNTS Counts towards Continuing Appointment are by Department NSF can be Continuing in one department and Pre-Six in another

11. POST-SIX YEAR AVOIDANCE UC will not engage in activities or establish practices or programs for the purpose of denying Pre-Six NSF access to Continuing Appointments UC may choose not to reappoint a Pre-Six NSF based on considerations that include, but are not limited to:  Programs that have limited time positions  Need to infuse new perspective or pedagogy  Need to employ other academic appointees in order to accomplish the University’s academic goals

12. NEEDS ASSESSMENT Identify course offerings for next academic year (part of TAS process) Identify instructors needed, including NSF Determine if there are prior or ongoing commitments to Continuing NSFs OR if a Continuing NSF can be augmented If need still exists, appoint Pre-Six NSFs

13. INSTRUCTIONAL NEEDS ASSESSMENT (5 TH YEAR) During 5 th year, determine if there is a need (2 years hence) for courses to be taught by NSF in area in which NSF has taught The NSF is qualified to teach the courses A Continuing Appointee is not already expected to teach the course(s). If need exists, determine the percentage of possible continuing appointment Make 6 th year appointment percent based on the projected continuing need

14. INSTRUCTIONAL NEEDS ASSESSMENT (5 TH YEAR) The assignment of the NSF to teach the course(s) conflicts with established departmental academic program requirements for intellectual diversity Other courses in the area in which the NSF has taught are neither available nor taught during the initial appointment year

15. EXCELLENCE REVIEW Conducted during the 6 th year Unit head advises NSF of the review, in writing, including  Timetable  Process  Criteria  Documentation required

16. EXCELLENCE REVIEW Chair appoints departmental committee Committee is at least two faculty and should, where possible, include an NSF Service by NSF on committee is voluntary

17. SAMPLE TIMETABLE Spring-5 th yrAssess if Continuing Appointment is appropriate Notify NSF of assessment Mid-Fall-6 th yrProvide NSF with letter which includes timetable, description of process, and review criteria Late Fall Appoint committee February 1Deadline for submission to L&S Dean’s Office March 1Deadline for submission to APO

18. CONTINUING APPOINTMENT- SALARY Performance must be reviewed every three years If deemed “Excellent”, must provide at least a 2 step increase (~5%) If not deemed “Excellent”, merit may not be approved—remediation required

19. MERIT GUIDELINES All candidates should prepare self-statement Chair provides a detailed description of accomplishments in discipline/field and contributions to teaching excellence Chair compares accomplishments to departmental expectations and norms See handout

20. FAIRNESS SAFEGUARD New format (handout) Structured as a form of checksheet to be completed as review progresses Need to follow review procedures

21. SALARY SCALE CHANGES OCTOBER 1,2007  3% ADJUSTMENT  MINIMUM OF SCALE INCREASED  STANDARDIZED % INTERVAL BETWEEN STEPS OCTOBER 1, 2008  AT LEAST 3% ADJUSTMENT OCTOBER 1, 2009  AT LEAST 3% ADJUSTMENT

22. ONE TIME SALARY ADJUSTMENTS Article 21.D of MOU For continuing NSF with 7 or more years of service in a Unit 18 title Adjustments based on years of service and salary as of June 30, 2008 Effective July 1, 2008 and 2009 Notifications sent by APO in June Implemented by department after July 1, 2008, merit increase (if any)

23. WORKLOAD Campus Instructional Workload policies (IWC) defining values and equivalencies http://hrweb.berkeley.edu/labor/instrwrkld.htm Changes in new contract  Elimination of reduction for second section of same course  List of duties for which equivalencies will be provided (handout)

24. LAYOFF Can refer to both a full separation and a reduction in time Covers Continuing Appointees and Pre-Six Year NSF who are reduced during their appointments Reasons for Layoff can include:  Lack of work  budgetary consideration  programmatic changes that result in a lack of NSF work

25. LAYOFF UC must look at alternatives before implementing layoffs Order of Layoff is first by skills, knowledge and ability in the department, then by seniority

26. LAYOFF UC cannot reduce a Continuing Appointee’s % by assigning a course s/he has taught to a Pre-Six A Continuing Appointee targeted for layoff may identify a Pre-Six or less senior individual s/he believes s/he is qualified to bump UC determines whether Continuing Appointee’s qualifications are “substantially equal” to less senior NSF

27. LAYOFF-PROCESS Seniority is calculated by full-time equivalent months of service at 50% time or more in the department  Service is not counted when NSF is less than 50% If Continuing Appointees are teaching the same courses/sections, Pre-Six must be laid-off first unless there is program justification

28. LAYOFF-PROCESS First step when considering layoffs (including Reduction in Time) is to separate Continuing Appointees from Pre- Six Layoff Pre-Six where possible—based on special skills

29. LAYOFF-PROCESS If a layoff of a Continuing Appointee is being considered:  Look at the skills of the Continuing Appointee and the Pre-Six  If the Continuing Appointee can teach a course taught by a Pre-Six, layoff the Pre-Six  If 2 Continuing Appointees are under layoff review with similar skills, layoff least senior Continuing Appointee

30. LAYOFF-NOTICE For total layoff or more than one course/semester Pre-Six  <1 year service—30 days notice  1-2 years service--60 days notice  3 or more years service—90 days notice  Pay in lieu of notice can be provided Continuing  12 months notice

31. LAYOFF-NOTICE When a single course is cancelled due to lack of enrollment or a CA’s initial appointment % is reduced by a single course—30 days prior to first course meeting (where practicable) Pay is to be provided in lieu of notice Layoff-notice sent by same unit issuing appointment letter

32. DEADLINES AND TIMELINESS Appointment/Reappointment requests must be submitted to allow time for approval letters to be prepared Reappointment letters to be issued prior to June 1, where practicable Excellence reviews have the highest priority and MUST be fully completed by June 30 PLEASE BE AWARE OF AND MEET PUBLISHED DEADLINES

33. RESOURCES Unit 18 Tool Kit http://apo.chance.berkeley.edu/UNIT%2018%20tools.html http://apo.chance.berkeley.edu/UNIT%2018%20tools.html Unit 18 Contract http://atyourservice.ucop.edu/employees/policies_employee_labo r_relations/collective_bargaining_units/nonsenateinstructional_ns i/agreement.html http://atyourservice.ucop.edu/employees/policies_employee_labo r_relations/collective_bargaining_units/nonsenateinstructional_ns i/agreement.html Unit 18 Administration Manual http://atyourservice.ucop.edu/employees/policies_employee_labo r_relations/collective_bargaining_units/nonsenateinstructional_ns i/mou/index.html http://atyourservice.ucop.edu/employees/policies_employee_labo r_relations/collective_bargaining_units/nonsenateinstructional_ns i/mou/index.html Berkeley Instructional Workload http://hrweb.berkeley.edu/labor/instrwrkld.htm http://hrweb.berkeley.edu/labor/instrwrkld.htm

34. QUESTIONS?