 NFM/OPTFA NavigatingUnemployment Compensation: A Workshop for Adjunct Faculty in Ohio May 8, 2015

 Who We Are  Introductions: Why are you here?  Have you previously applied for UC in Ohio?

It’s your right under the law It can provide you with needed income, especially if you have applied, been denied, and your class is canceled. It is a way to help institutions pay back some of the costs of contingency—there are consequences

What Is the Problem?  Reasonable Assurance  How It is Defined in Ohio  Why Does This Matter?

“Reasonable Assurance” in federal law (i) with respect to services in an instructional, research, or principal administrative capacity for an educational institution to which section 3309 (a)(1) applies, compensation shall not be payable based on such services for any week commencing during the period between two successive academic years or terms (or, when an agreement provides instead for a similar period between two regular but not successive terms, during such period) to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms3309(a)(1)

“Reasonable Assurance” in federal law  Key language in federal statute – designed to prevent educators with continuing contracts from “double dipping” or getting unemployment income when they are still technically employed, even though it is in between academic terms.  Intended to apply to K-12 teachers; devised when part-time faculty whose employment is completely contingent on enrollment, funding, and administrative prerogative, were not the majority

 No updated federal guidance on how to interpret and apply the standard of “reasonable assurance” since 1986, when it only discussed K-12 educators; hence NFM’s initiative to request updated guidance from the DOL.

“Reasonable Assurance” in Ohio: A Study in Confusion and Inconsistency  Although ODJFS has published a document on its web site explicitly stating that employment depending on enrollment or funding is not reasonably assured, it has issued rulings that contradict this.  ODJFS has ruled inconsistently on cases in which the circumstances were identical.

Hannah Halbert, Workforce researcher Policy Matters Ohio

 At a time when most folks her age have given up the notion of collecting a paycheck, Vicie Knowlton is fighting to collect unemployment benefits. The 83-year-old woman lost her job last June as a parking-garage cashier when the garage’s owner, LAZ Parking, decided to replace her with a machine. On her last day, she said she asked one of her bosses what her status was. “Have I been fired or laid off or what? Unemployment will be asking,” she said. “He got angry (and said) ‘Don’t you sign anything for unemployment. That will cost our company money.’” Columbus Dispatch, 4/15/15

 Unemployment Insurance (UI) Financing Private employers- pay quarterly UI taxes that go up if layoffs go up. More layoffs mean higher taxes. Public sector employers (most)- pay dollar-for- dollar the cost of UI benefits paid to their former employees.

 Ohio’s institutions are already labor lean: Over the last 10 years- salary and benefit spending- 23.9% of operating budget. Over that time, total instruction compensation dropped by 4.1%. See, AAUP 2015 Ohio Higher Education report: The Real Problems Deserve Real Solutions.

 Keep filing weekly claims through the appeal process. Continued eligibility- able available for work, searching for work, not refusing comparable employment. New work search requirements- Register resume on Ohiomeansjobs.com (8 th week) Complete a series of skill assessments on Ohiomeansjobs.com (14 th week) Complete career profile/aptitude test (20 th week)

 Unemployment Insurance- more than a safety net. UI helps workers weather financial crisis Stabilizes our economy by maintaining basic spending during downturns Keeps workers labor force attached, to particular industries and/or employers.

1. Application, including possible requests for additional information, including questions about specific "issues” 2. Determination by ODJFS 3. Re-determination - a first appeal, a written request 4. Appeal - hearing, either in person or by telephone

 ODJFS Unemployment Page  unemployment.ohio.gov

 Verbal, written, implied agreement that you will be offered the same or similar work in the next academic term* No verbal, written or implied agreement supercedes the college’s ability to withdraw your class for any reason.  The offer must be made by “an individual authorized to make that offer” All individuals authorized to offer you work are also authorized to rescind the offer for any reason.  The offer must be “bona fide.” An offer is not “bona fide” if a mere “possibility” of employment exists. Adjunct work is only the “possibility” of work because it can be withdrawn at any time for any reason. * There is some question as to whether summer constitutes an “academic term.” The law says that all of the following conditions must be met for reasonable assurance to exist:

 ODJFS cites DOL guidance on its application of this law, but DOL guidance is not explicit about how the law applies to adjunct faculty. UI law is therefore inconsistently applied to adjuncts across the country, including in Ohio.  California (court decision) and Washington (state law) are the only two states that clarify adjuncts do not have reasonable assurance.  NFM and AFT-Higher Ed are currently working to get DOL to clarify, as CA and WA have done, that adjunct faculty employment is not reasonably assured.

* This is a special rule for employment at educational institutions. ODJFS has said in, “A Lesson on Layoffs for School Employees,”: “[I]f the offer of work is contingent upon sufficient funding or enrollment, you would not have reasonable assurance for the next school year or term.”

Did you get an offer for next term? Is this a Contract or a Proffer? Are your course(s) guaranteed? Or could they be cancelled at any moment?

If these apply… Although your employer may have told ODJFS that you have a "reasonable assurance of continued employment," they did not tell you that. They told you, “_________.” Share that with ODJFS. If now or in the past you got a letter saying, “you have no guarantee or promise of future employment,” tell ODJFS.

Because of where you live (or whatever circumstances) you cannot afford (ex. due to commuting costs, childcare costs, etc.) to work at X institution unless you have at least Y classes (or hours each day, or whatever measure). Share that rationale with ODJFS if it applies.

What if I teach at more than one college? The federal statute’s denial of UI to “reasonably assured” work applies to any work that is “reasonably assured” at any institution. Only full-time work or properly contracted part-time work is reasonably assured, so full time faculty may not collect UI by arguing that they have adjunct work at another institution that does not have reasonable assurance, even though that’s true (since they still have their full-time position). Adjuncts who work at multiple institutions do not have reasonable assurance if they are working as adjuncts. They will have to do slightly more work to point out that none of their employers provides reasonable assurance rather than just one of their employers.

Recently some colleges have begun issuing so-called “reasonable assurance” letters to adjuncts. These letters simply assert reasonable assurance even though the college continues to reserve the right to rescind an offer or cancel a class for any reason. Receipt of such a letter is not sufficient proof of reasonable assurance.

 Read the notice carefully. You may be under stress, so have a trusted friend read the notice to make sure you are not missing anything and that you understand it.  Pay attention to the statement of the "issues" by ODJFS.  You have the right to subpoena witnesses and documents. Is there a witness you know will help you? If so, have him or her issued with a subpoena to testify on your behalf.  You will be questioned. You can question other witnesses. You can bring other witnesses. Prepare for this.

Will My Department Chair/Head Find Out? And Does it Matter?  As an employee without a union, your employment is not secure anyway. Your employer can refuse to rehire you now at any time for any reason, so filing for unemployment does not change that fact. UI filings go through HR departments in most cases.  Each circumstance may vary but UC is your right if eligible  Has your chair or other supervisor advised or suggested against not filing, or implied that there will be consequences?  If so, document all communication, including dates of filing and subsequent communication about class assignments.

Direct Goals :  Provide information about how to apply and appeal so that faculty have access to a benefit to which they are entitled by law  Collect information about application and appeal experience  Analyze information collected to uncover patterns of behavior by states, schools, and contingent faculty  Use information to help faculty successfully apply and appeal  Use information to educate policymakers (state agencies, DOL) on need for reform Indirect Goals :  Educate faculty about rights and resources  Empower and encourage faculty to self-advocate  Build networks and community  Educate the public about adjunct issues  Facilitate efforts to address adjunct equity issues at both the state and federal levels

“Get Up, Stand Up – File for Your Rights” Read Was Your UIC Claim Denied? Appeal, But Keep It Simple by Steve Street ampaign/index.php?option=com_content&vie w=article&id=209:apply-but-keep-it- simple&catid=57:frontpage

Ongoing discussion with ODJFS, appeal to (former) Sen. Nina Turner for help addressing inconsistencies in Ohio institutions’ applications of UI law for adjuncts (OPTFA) National Unemployment Compensation Initiative (NFM) Currently, ongoing effort to secure a new UIPL (guidance document) from Dept of Labor to clarify adjunct faculty eligibility for unemployment compensation (NFM)

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 File for Unemployment!  Let us know about your experience.  Talk with your colleagues about why it’s so important to file.  Get Involved! See what else is going on with NFM and OPTFA and join us!