CSU/CFA Collective Bargaining Agreement Overview CSU South Workshop for New Department Chairs November 4, 2005

Sam Strafaci, Assistant Vice Chancellor, Human Resources Cordelia Ontiveros, Senior Director, Academic Human Resources CSU Office of the Chancellor

Outline  Lecturer Issues  YRO/Summer Extension  Personnel Files  Evaluation  Workload  Salary  Grievance Processing

Lecturer Issues

Timebase and Salary

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

Careful Consideration

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.

Similar Assignment/ Entitlement

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.

Three-Year Appointments

12.12 – 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 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

Lecturer SSI’s

12.10 Lecturer SSI  Eligible after 24 semester units (36 quarter units) in the same department  Subject to SSI max

Range Elevation

12.16 – 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

Range Elevation (continued)  Criteria  Discretion  Appeals (12.20)

Year Round Operations (YRO)/ Summer Extension and Arbitration Award

Outline  Article 40 of Contract  Arbitration Award  Agreements for Summers , 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 Units and 1-year Assignment Units for 1-year

YRO MOU’s  Summers  Summer 2004  Summer 2005

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

Grievance Processing

Article 10 – Grievance Procedures  Role of Department Chair  Denying Grievances  Grievance Settlements  Granting Grievances  Rules of Contract Interpretation  Reference Materials/Publications

Article 10 – Arbitrability Issues  Timelines – ALL steps  Definition of a grievance  Definition of the grievant  Scope of arbitrator’s authority

Article 10 – Rules of Contract Interpretation  Intent of parties  Interpret - don’t legislate  Clear contract language  Consistent with the law  Interpret as a whole

Article 10 – Rules of Contract Interpretation (continued)  Avoid absurd results  Specific v. general language  Bargaining history  Past practice  Interpret against the drafter

Article 10 – Reference materials/publications  How Arbitration Works, Elkouri & Elkouri  Practice & Procedure in Arbitration, Owen Fairweather  Remedies in Arbitration, Sinicropi & Hill

Article 10 – SB1212  Bargaining in Progress  Retaining Limits on Arbitrator’s Authority in RTP decisions – on appeal to full PERB

The Faculty (Unit 3) Collective Bargaining Agreement is available on the web at:

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