EmersonAFEC.com
~ Affiliated Faculty of
|
Our
Current Contract (20092014) After several months of negotiations and research, the Negotiating Committee
of AFEC-AAUP (David Akiba, Laurie Ruskin, Brian McNeil and David
Kociemba) presented a
new contract for dues paying members to vote on. In August, 2009, the members
in good standing agreed and voted to affirm the contract. Emerson trustees
also approved the contract, and it was signed just before the fall 2009
semester began. This new
contract protects gains and provides incremental advances, which are both
notable achievements for the economic situation in which they were
negotiated. Highlights
of the 5-year contract include:
You can
download the 20092014
contract in Word or read it below. = = = = = = = = = = = = = = = = =
= = = = = = = = =
|
(20092014) (20012009) |
Contract between the Affiliated Faculty of
Association of University Professors (AFEC-AAUP), and
2009-2014
TABLE OF CONTENTS
PAGE
PREAMBLE
ARTICLE 1 RECOGNITION 1
ARTICLE 2 ACADEMIC FREEDOM ..2
ARTICLE 3 FACULTY STATUS .2
ARTICLE 4 SALARY AND BENEFITS ..4
ARTICLE 5 WORKLOAD 11
ARTICLE 6 GRIEVANCE PROCEDURE AND ARBITRATION .11
ARTICLE 7 REPRESENTATION 14
ARTICLE 8 NON-DISCRIMINATION 19
ARTICLE 9 PAST PRACTICES 19
ARTICLE 10 SEPARABILITY 19
ARTICLE 11 NO-STRIKE/NO LOCKOUT 20
ARTICLE 12 FACULTY RESPONSIBILITY .21
ARTICLE 13 GENERAL PROVISIONS AND DEFINITIONS ..23
ARTICLE 14 MANAGEMENT RIGHTS .25
ARTICLE 15 WAIVER OF RIGHTS 25
ARTICLE 16 PRE-EXISTING RIGHTS, PRIVILEGES OR BENEFITS 25
ARTICLE 17 DURATION OF AGREEMENT .26
MEMORANDUM OF UNDERSTANDING ON WORKLOAD 27
COURSE PREFIXES . .. 28
Preamble
The purpose of this Agreement, entered into ____ day of _______, 2009 by and between Emerson College (herein referred to as the College) and the Affiliated Faculty of Emerson College, American Association of University Professors (herein referred to as the Union), is to set forth wages, hours, terms and conditions of employment for the bargaining unit set forth below at Article 1.
This Preamble or any provisions thereof are not subject to the provisions of Article 6, Grievance Procedure and Arbitration.
Article 1
Recognition
The College recognizes the
All regular part-time teaching faculty employed during the academic year to teach at least one (1) course of no less than three (3) credits in the Day School or the Professional Studies and Special Programs (PSSP) at the Colleges Boston, Massachusetts campus, but excluding all full-time faculty, full-time faculty with fixed-term appointments, emeritus faculty, music lesson faculty, accompanists, graduate students, teaching assistants, academic deans, academic department chairs, administrators, staff employees, librarians, library employees, coaches, confidential employees, all other employees, guards and supervisors as defined in the Act.
This Article or any provision thereof are not subject to the provisions of Article 6, Grievance Procedure and Arbitration.
Article 2
Academic Freedom
2.1 Part-time faculty are entitled to academic freedom in the classroom to teach effectively their subject, consistent with the academic requirements of the College, but they must be careful not to introduce into their teaching irrelevant matter or controversial matter which has no relation to their subject.
2.2 Part-time faculty are citizens, members of a learned profession, and employees of an educational institution, the College. When they speak or write, they are under an obligation to be accurate, to exercise appropriate restraint, to show respect for the opinions of others, and to make it clear that they are not speaking for the College.
Article 3
Faculty Status
3.1 Faculty
The
College and the
3.2 Notification of Reappointment
Part-time faculty shall receive notification of appointment or reappointment by July 15 for the Fall Semester and by December 15th for the Spring Semester. The decision by the College not to appoint or reappoint a part-time faulty member is not subject to Article 6, Grievance and Arbitration.
3.3 Length of Appointment
Faculty at Step 1 shall receive appointments for one semester. Faculty at Steps 2 and 3 shall receive appointments for two consecutive semesters. Faculty at Steps 4 and 5 shall receive appointments for four consecutive semesters.
3.4 On-Campus Offices and Equipment
Part-time faculty members who are teaching shall have access to copy machines and office space, a locked desk or file cabinet, on-campus voice mail accounts, and an Emerson e-mail address.
3.5 Personnel File
3.5.a
The College shall keep a personnel file for each part-time faculty member. The
personnel file should contain records of peer evaluation, student evaluation, dean/chair notes to the faculty member,
dean/chair evaluative documents, disciplinary actions, the faculty members
resume, and any other documentation relating to the faculty members employment.
3.5.b
Part-time faculty have the right to review their personnel files upon five (5)
business days written notice. A representative of the
3.6 Discipline and Termination
3.6.a
Just Cause
i. As used in this Agreement, termination shall refer to the discharge of a faculty member prior to the expiration of his or her appointment or prior to a planned appointment under Section 3.3. Nothing herein shall preclude the College from terminating a faculty member at any time for just cause, in which case the faculty member shall only be entitled to receive payment for the classes taught up to the date of the termination. Further, the College may not discipline a member of the bargaining unit except for just cause. Disciplinary action or termination shall be subject to the grievance procedure provided for in Article 6.
ii. Recognizing that it
is not possible to list every potential reason for disciplinary action, the
parties agree that just cause
includes, but is not limited to, the following illustrative list, any one of
which can result in discipline up to and including immediate discharge.
· Failure to meet at least two (2) classes during a semester without prior written approval by the Department Chair. Written approval by the Department Chair may be obtained after the absence if said absence is necessitated by a last minute illness, accident or personal need so long as the Department Chair receives prior notification of the absence in writing (which includes e-mail and fax);
· Failure to complete and turn in mid-term or final grades in a timely manner, without prior written approval by the Registrar;
· Conviction for any felony or entering a plea of guilty or nolo contendere to a felony charge;
· Sexual harassment of a student, a part-time or full-time faculty member, College employee, or visitor; or any other violation of the Colleges Non-Discrimination Policy;
· Assault or battery of a student, a part-time or full-time faculty member, staff member or visitor;
· Plagiarism at anytime in a faculty members career;
· Submission of falsified information to the College;
· Violation of the Colleges Alcohol/Drug Policy;
·
When carrying out Union business, use of an
account/code number different from the account/code assigned to the
3.7
Representation
When the College meets with a part-time faculty
member for the purpose of imposing disciplinary action or termination or when
such meeting might lead to the imposition of disciplinary action or
termination, the faculty member has the right to have a Union representative
present at such meeting.
3.8 Notice of Full-Time Position
When
the Associate Vice President of Human Resources receives a written job
description from the Associate Vice-President
for Academic Affairs with respect to a full-time faculty position, the
Associate Vice President of Human Resources will send a copy of the written job
description to the President of the
4.1 Effective with the Fall semester 2009 and
continuing through the Spring semester of 2014, the minimum wage per credit
paid by the College to faculty members shall be as set forth in Table 4.1
below:
Table 4.1 Minimum Wage Per Credit (Fall 2009)
|
Course Prefix[1] |
WR100-199 |
CC100-199 |
VM,LF, |
PH |
LI,WR200+ |
|
|
|
|
MU,DA,CC |
|
SC,HS, PB, |
|
|
|
|
LS,TH,JR,PA |
|
IN |
|
Step 1 |
$994.92 |
$1,025.01 |
$1,115.45 |
$1,145.60 |
$1,175.75 |
|
Step 2 |
$1,097.32 |
$1,131.13 |
$1,230.01 |
$1,263.78 |
$1,297.54 |
|
Step 3 |
$1,199.93 |
$1,236.04 |
$1,345.78 |
$1,381.96 |
$1,418.13 |
|
Step 4 |
$1,302.44 |
$1,342.16 |
$1,460.34 |
$1,500.13 |
$1,539.93 |
|
Step 5 |
$1,404.95 |
$1,448.28 |
$1,576.10 |
$1,618.31 |
$1,660.52 |
|
Course Prefix[2] |
PS,SO |
CD100-599 |
PL |
EC |
GM,MK |
|
|
|
MT,HI |
|
|
CD600+ |
|
|
|
|
|
|
MB, ME,
HC |
|
Step 1 |
$1,205.89 |
$1,236.04 |
$1,296.34 |
$1,477.22 |
$1,567.66 |
|
Step 2 |
$1,330.10 |
$1,363.87 |
$1,430.19 |
$1,629.16 |
$1,729.25 |
|
Step 3 |
$1,454.31 |
$1,490.49 |
$1,564.05 |
$1,782.31 |
$1,890.84 |
|
Step 4 |
$1,578.52 |
$1,618.31 |
$1,697.90 |
$1,934.26 |
$2,052.43 |
|
Step 5 |
$1,703.93 |
$1,746.14 |
$1,830.55 |
$2,086.20 |
$2,214.02 |
4.2 Faculty members who have taught fewer than 60 credits shall be paid at Step 1. Faculty members who have taught 60 to 123 credits shall be paid at Step 2. Faculty members who have taught 124 to 187 credits shall be paid at Step 3. Faculty members who have taught 188 to 251 credits shall be paid at Step 4. Faculty members who have taught more than 251 credits shall be paid at Step 5. In the case of Communication Disorders courses taught at the College, numbered 600 or higher carrying three (3) credits, the number of credits taught shall be multiplied by 1.333 to calculate the appropriate wage step.
4.3 Only
credits taught in the Day School or the Professional Studies and Special
Programs at the Colleges
4.4 Faculty members who team-teach courses that require the presence of both faculty members for every session of the semester shall be awarded full course credit and salary. For example, if two such faculty members teach one four-credit course, each faculty member would be paid in full based on four (4) credits and would be awarded with four (4) credits. Faculty members who team-teach courses for which they are only required to teach a portion of the course and are not required to attend sessions they do not teach, shall be paid and awarded credits pro-rata based on the fraction of the course they teach. For example, if two such faculty members teach one four-credit course, with one faculty member teaching only the first half of the semester and the second faculty member teaching only the second half of the semester, each faculty member would be paid in full based on two (2) credits and would be awarded with two (2) credits.
4.5 The College, in its sole discretion, may choose to pay certain qualified faculty members any amount greater than he or she is entitled to receive under this Contract of the number of credits they have taught at the College.
4.6 If a course is cancelled, the faculty member scheduled to teach that course shall receive 5% of the course salary. The College shall cancel a course not later than the first day of class of the term established by the College.
4.7. a. Chair of Masters Theses, Masters Projects, Senior Theses, or Writing Projects:
For serving as Chair of Masters Theses, Masters Projects, Senior Theses or Writing Projects, a faculty member shall be paid 1/10 of the salary that faculty member would be paid to teach a four (4)-credit course in the discipline of the respective thesis, masters project, or writing project. A faculty member may not serve as Chair of Masters Theses, Masters Projects, Senior Theses, or Writing Projects for more than two (2) theses or projects (combined) per semester.
b. Masters Thesis and Masters Project Reader:
For serving as a Masters Thesis or Masters Project Reader, a faculty member shall be paid 1/20 of the salary that faculty member would be paid to teach a four (4) credit course in the discipline of the respective thesis or project. A faculty member may not serve as a Thesis or Project Reader for more than four (4) theses or projects (combined) per semester.
c. Directed Study Supervisor, Honors Project Supervisor, Project Supervisor or Production Supervisor:
For serving as Directed Study, Directed Project, Honors Project, or Production Supervisor, a faculty member shall be paid 1/10 of the salary that faculty member would be paid to teach a four (4)-credit course in the discipline of the respective directed study or project. A faculty member may not serve as Directed Study or Project Supervisor for more than two (2) directed studies or projects (combined) per semester.
d. Effective Date
Section 4.7.a and b and c shall become effective as of the Fall 2009 Semester.
Service as Chair of Masters Theses, Masters Projects, Senior Theses, or Writing Projects, or service as a Masters Thesis or Project Reader, or a Directed Study, Honors Project, Production, or Project Supervisor, shall not be counted toward the maximum credit limits outlined in Article 5, nor shall such service be counted for purposes of calculating salary Steps or health plan eligibility.
4.9 Each September
during the term of this Agreement, beginning with September 2010, the College shall increase the salaries
in Table 4.1 by the greater of (a) two percent (2%) or (b) the percentage change in the Boston CPI‑U
between May of the current calendar year and May of the previous calendar year,
but in any event no more than four percent (4%).
4.10 Medical
and Dental Plans
a. The College shall offer eligible
faculty members medical plans through Harvard Pilgrim Health Care (HPHC) and dental
plans through Delta Dental Plan of Massachusetts or other plans offering
substantially equal benefits.
b. Contributions
by the College
1.
The College shall pay
fifty percent (50%) of the cost of each eligible faculty members medical plan for individual plans and fifty
percent (50%) for family plans, including coverage for the faculty members
dependents and for Domestic Partners (as defined in Section 4.10.g below).
2.
The College shall pay one
hundred percent (100%) of the cost of coverage under the Delta Dental Plan for
the eligible faculty member. Eligible
faculty members may choose to cover their dependents and, subject to approval
by the plan provider, Domestic Partners (as defined in Section 4.10.g below)
under the plan, in which case the faculty member shall pay the additional cost
of said coverage.
c. Contributions by faculty members
Each faculty
member who is eligible to participate in the Colleges health or dental plans
and who timely elects to participate in such plans shall pay the difference
between the cost of the faculty members health plan and the contribution by
the College under Section b above.
d.
Eligibility
Faculty
members eligible under Section 4.2 of this Agreement to be paid at Step Two or
above are eligible to participate in the medical and dental plans only when
they are employed to teach
sixteen (16) credits during the academic year.
e. Only credits taught in the Day School or
the Professional Studies and Special Programs at the Colleges
f. Coverage
under the group insurance programs are subject to the faculty members
acceptance by the insurance carrier.
Reasonable rules and regulations may be promulgated by the College to
make effective the intent and the purpose of this Article. It is understood that the above plans are
insured plans, and hence, are subject to all terms, requirements and
restrictions that may be imposed by the insurance carriers or by the laws and
regulations governing insurance carriers which are now or hereafter applicable. It is understood that the rights of the
faculty members are governed by the terms of the policies and not by this
Agreement, and that any right of a faculty member under any policy shall be
enforced under said policy by a faculty member and not under this Agreement nor
under the provisions of Article 6, Grievance Procedure and Arbitration.
g. Domestic Partners of eligible faculty members are also eligible for coverage under the medical plans, subject to approval by the plan provider and in accordance with College policy regarding Domestic Partner benefits. A faculty member may designate only one (1) person (and that persons eligible children) as eligible for health plan benefits. To qualify for health plan coverage, the Domestic Partner shall: 1) be at least eighteen (18) years old, of the same sex as the faculty member, and legally unable to marry or enter into a civil union with the faculty member in the state where the faculty member and his or her Domestic Partner reside, 2) have lived together with the faculty member in the same residence for at least twelve (12) months and intend to do so indefinitely, 3) be jointly responsible with the faculty member for the common welfare and financial obligations of each other and have a relationship of mutual support, caring, and commitment, which is intended to be indefinite, and 4) not to be related to the faculty member by blood to the degree of closeness that would prohibit legal marriage in the state where the faculty member and his or her Domestic Partner reside. The faculty member and the Domestic Partner shall not be married to anyone else. Roommates, parents, and siblings of faculty members are not eligible for coverage as Domestic Partners.
h. Eligible children of Domestic Partners
shall reside regularly with the Domestic Partner and the faculty member and
qualify as dependents of the Domestic Partner for federal income tax purposes.
4.11 The
College will pay faculty members by direct deposit of paychecks to a
Massachusetts bank of the faculty members choosing. Faculty members must
comply with the Colleges procedures for notifying the College in a timely
manner of the account number where their paycheck shall be deposited.
4.12 Affiliated
Faculty Members of Emerson College, who are not eligible to participate in the
Colleges health and dental plans may elect to participate in an
Emerson-sponsored cafeteria plan which allows them to purchase health care
benefits using pre-tax earnings under the following conditions:
a. Funding will come solely
from the participating faculty member. The College is not subsidizing the
benefit but is providing a vehicle for the pre-tax purchase of health
insurance.
b. The College will draft and
administer the cafeteria plan, and neither the drafting nor the administration
of the plan is subject to the grievance and arbitration procedures of this
Agreement, and
c. Any obligations the College has
under this section 4.12 shall terminate with the expiration of this collective
bargaining agreement.
4.13 Professional Development Fund
Article 5
5.1. The College in its sole discretion will determine the courses and number of credits up to a maximum of sixteen (16) credits, including credits for courses taught in Professional Studies and Special Programs which a faculty member may be assigned by the College to teach each academic year. However, the part-time faculty, who are identified in a mutually agreed upon Memorandum of Understanding, which is incorporated in and made part of this Agreement, may be assigned by the College to teach up to the maximum number of credits, as set forth in the Memorandum, each academic year during the term of this Agreement, except that no more than sixteen (16) credits may be taught in the Day School.
5.2 The College and a faculty member may mutually agree that the faculty member will perform non-teaching duties and on the wages which the faculty member will receive for such duties.
Article 6
Grievance Procedure and Arbitration
6.1 Definition of a Grievance
6.1.a For purposes of this Agreement, a grievance is defined as an allegation that there has been a violation of an expressed provision(s) of this Agreement by the College provided that the expressed provision(s) allegedly violated is subject to this Article 6.
6.1.b The
6.1.c The written grievance must contain the following or it will not be processed:
1. The facts upon which the grievance is based;
2. The expressed provision(s) of this Agreement allegedly violated and an explanation of how the facts state a violation of such provision(s); and
3. The remedy sought.
6.1.d The
6.2 Procedure
The College and the
6.2 Step 1
A. The Union must submit its grievance in
writing either by mailing the written grievance by certified mail, return
receipt requested, to the Colleges Associate Vice President of Human Resources
or by an authorized Union representative personally delivering the written
grievance to the Colleges Associate Vice President of Human Resources (and no
one else) and contemporaneously receiving a written acknowledgment of said
delivery from the Colleges Associate Vice President of Human Resources (and no
one else) on or before the tenth (10th) business day after the
action to be grieved first occurred.
Upon request by the College, the
B. On or before the seventh (7th)
business day after the receipt of the Unions written grievance by the
Colleges Associate Vice President of Human Resources, the Colleges Associate Vice President of Human
Resources or a designee will meet with the
6.2 Step 2
If the grievance is appealed
from Step 1 to the American Arbitration Association on or before the twentieth
(20th) business day after said answer is mailed, the
6.3 Arbitration
6.3.a Multiple or related grievances will not be resolved
in the same arbitration proceeding unless mutually agreed to by the College and
the
6.3.b Each party will pay any compensation and expenses (including time off from work) relating to its own witnesses and/or representatives. However, part-time faculty members who are to be witnesses on behalf of the Union at the scheduled arbitration proceeding will be permitted to attend so long as they make arrangements for their scheduled classes to be covered by another qualified faculty member at no expense to the College and inform in writing their Department Chair at least three (3) business days in advance of such arrangement. The covering faculty member shall be subject to the approval of the Department Chair.
6.3.c The fee of the arbitrator and other administrative expenses of the arbitration, including room rental if applicable, shall be shared equally by the parties.
6.3.d Either party may request that a stenographic record of the hearing be made and that party may provide a copy of that record to the arbitrator. The party requesting such a record will pay the cost; however, if the other party also requests a copy, the stenographic costs will be shared equally.
6.3.e In arriving at any decision under the
provisions of this Article, the arbitrator shall not have the authority to
alter this Agreement in whole or in part or to add to or delete any of its
provisions or to render any award in conflict with its provisions. The award shall be based solely upon the
evidence and arguments presented to the arbitrator in the presence of both
parties and also may be based upon arguments presented in written briefs
exchanged between the parties so long as such arguments are based upon the
evidence presented at the arbitration hearing.
The arbitrator may decide only whether the College/Union violated this
Agreement as alleged in the grievance and the appropriate remedy under this
Agreement, if any.
6.4 General Provisions
6.4.a A grievance relating to a violation of the No-Strike/No-Lockout provisions of this Agreement will be processed as provided for at Article 11 of this Agreement.
6.4.b Time limits designated in this Article for processing grievances and for bringing a matter to arbitration may only be extended by mutual written consent between the parties and cannot be extended by an arbitrator. Failure to comply with any time limitation will render the grievance untimely, the grievance will be deemed denied and the grievance will not be processed unless specific language in this Article provides otherwise.
6.4.c Union representatives authorized to deliver a grievance to the Associate Vice President of Human Resources the Union President and Union Grievance Officer.
6.4.d The College and the Union jointly acknowledge
the right of any part-time faculty member to discuss individual problems, not
involving pending grievances, directly with the Department Chair, Dean or Vice
President for Academic Affairs or a designee to work out the settlement of such
problems so long as such settlements are not inconsistent with the terms of
this Agreement.
Article 7
Representation
7.1 Access to Information
7.1.a The Colleges Vice President for Academic
Affairs or a designee will provide the Union each semester during the academic
year the following information according to the schedule set forth below: the name, home address and e-mail address, if reported by the faculty
member to the Vice President for Academic Affairs or a designee, of each
faculty member teaching that semester in the bargaining unit set forth at
Article 1; the course(s) being taught that semester by each faculty member; the
payment for each course being taught that semester by each faculty member; and the scheduled day and
time for each course being taught that semester by each faculty member and the
Step status of each faculty member. This
information will be provided to the
(1) Fall Semester.
(a) Between August 24 and September 2: returning unit faculty who were sent contracts by the College; new part-time faculty will be included if they have returned their signed contracts; and
(b) Not later than November 1: all unit faculty.
(2) Spring Semester.
(a) Between January 13 and January 21: returning unit faculty who were sent contracts by the College; new part-time faculty will be included if they have returned their signed contracts; and
(b) Not later than March 1: all unit faculty.
7.1.b The Colleges Chief Financial Officer will provide the Union with a copy of its annual audited financial statements within ten days of their availability for distribution provided that the Union provides the Colleges Chief Financial Officer with a copy of its Labor Organization Annual Report (Form LM-2 or LM-3) within ten business days of its filing with the U.S. Department of Labor.
7.1.c The
7.1.d Simultaneous with
the Colleges offer of a contract to a new faculty member, the College will
notify the faculty member of this Agreement and that a copy of this Agreement
appears on the Unions website (www.emersonafec.com)
to the extent that website is maintained by the
7.2 Communication and Meetings.
7.2 a The Union may hold meetings on the Colleges
Boston campus, provided that such meetings are held for the purpose of carrying
out the Unions official business, provided that the Union ensures that those
permitted to attend and/or participate in such meetings (either in person or
remotely) are limited to Emerson faculty bargaining unit members, together with
representatives of the AAUP, and provided that facilities are available and the
Union complies with all applicable College rules, regulations and practices
relating to the use of such facilities.
7.2.b For the purpose of carrying out its official business, the Union may use the following College services and equipment: part-time faculty mailboxes and intra-campus mail; on-campus mail; local and toll telephone services; copying equipment; and United States Postal Service mail, except for certified mail.
7.2.c When using
toll telephone services, copying equipment and the United States Postal Service
mail, the
7.2.d The Union
will be responsible to pay the charges recorded under the account/code numbers
assigned to the
7.2.e The
(1) The
(2) A copy of
the posted material will be provided by the
(3) A notice not posted in accordance with this Article may be removed by the College.
7.2.f If the Union chooses to avail itself of
College facilities, equipment or services, the
7.2.g The
7.2.h The
7.2.i The College will list the Union in the
internal College directory under the name of the Union, and will identify the
names, telephone numbers and email addresses of the
7.3 Indemnification.
The
7.4 Costs of Representation
7.4.a Membership. Each unit faculty member, as defined at
Article 1, may elect to be or not to be a member of the
7.4.b All bargaining unit members who elect to become a member of the Union shall either 1) provide the College with written authorization to deduct membership dues in accordance with Article 7.4.c below, or 2) make alternate arrangements with the Union to pay the membership dues.
7.4.c The College agrees that it will deduct Union membership dues for
the semester in an amount established and certified in writing by the Unions
Treasurer to the Colleges Chief Financial Officer no later than November 15
for the Fall Semester and March 15 for the Spring Semester from the wages of
each faculty member who executes written authorization to the College to make
such deductions. Deductions for the Fall
semester will be made from the faculty members wages for the pay period of
December and for the Spring semester will be made from the faculty members
wages for the pay period of April. The
College will forward to the
7.4.d The
7.4.e Any authorization to withhold membership dues from the wages of a faculty member shall terminate and such withholding shall cease only upon the happening of any of the following events: (a) separation from employment, or (b) written notice by the faculty member to the Colleges Chief Financial Officer of cancellation of the authorization, or (c) the expiration of this Agreement.
7.4.f The College will be under no obligation to
make any deduction if the faculty members wages, after other deductions
required by law or authorized by the faculty member, are less than the amount
subject to checkoff. In such an event,
it will be the responsibility of the
7.4.g The
7.5 Union Shop
7.5.a If the Union establishes on or before November 15 of any year this Agreement is in effect that at least 58% of the bargaining unit members, as set forth at Article 1, are members in good standing of the Union, Sections 7.5.a-I shall become effective and shall remain in effect for the duration of this Agreement, replacing Sections 7.4.a-g..
The 58%
status shall be demonstrated by a comparison of the list of part-time teaching
faculty who are employed as of November 1 (See Article 7.1.a above) with the
official records of dues paying members in good standing of the
7.5.b Each part-time faculty member employed as of November 1 and each faculty member hired after November 1, as a condition of employment, will become a member of the Union after thirty-one (31) days of employment and remain a member of the Union for the duration of this Agreement.
7.5.c All bargaining unit members shall either (1) provide the College with written authorization to deduct membership dues in accordance with Article 7.5.d below, or (2) make alternate arrangements with the Union to pay the membership dues.
7.5.d The College agrees that it will deduct Union membership dues for
the semester in an amount established and certified in writing by the Unions
Treasurer to the Colleges Chief Financial Officer no later than November 15
for the Fall Semester and March 15 for the Spring Semester from the wages of
each faculty member who executes a written authorization to the College to make
such deductions. Deductions for the Fall
semester will be made from the faculty members wages for the pay period of December
and for the Spring semester will be made from the faculty members wages for
the pay period of April. The College
will forward to the
7.5.e The Union agrees that it will not change the amounts certified by it on March 15 until November 15 of the same year and that it will not change the amounts certified by it on November 15 until March 15 of the next year.
7.5.f Any authorization to withhold membership dues from the wages of a faculty member shall terminate and such withholding shall cease only upon the happening of any of the following events: (a) separation from employment, or (b) written notice by the faculty member to the Colleges Chief Financial Officer of cancellation of the authorization, or (c) the expiration of this Agreement.
7.5.g The College will be under no obligation to
make any deduction if the faculty members wages, after other deductions
required by law or authorized by the faculty member, are less than the amount
subject to checkoff. In such an event,
it will be the responsibility of the
7.5.h The
7.5.i A faculty member will not be reappointed by
the College upon written request by the Union so long as the faculty member has
not tendered his/her membership dues.
8.1 Neither party will discriminate against any
faculty member because of race, religion, creed, color, national origin,
physical or mental disability, age, sex, sexual orientation, gender
identity, veterans status, Union activity or lack thereof or Union membership
or lack thereof, or any other status protected by applicable state or federal
law.
8.2
This Article or any provision thereof is
not subject to Article 6, Grievance Procedure and Arbitration.
8.3
The faculty member may pursue his/her
rights with the appropriate state and/or federal agency.
Past Practices
All past practices end upon the
execution of this Agreement.
Article 10
Separability
The provisions of this Agreement are deemed to be separable to the extent that if and when a final judicial judgment determines any provision of this Agreement in its application between the College and the Union to be in conflict with any law or regulation, such decision shall not affect the validity of the remaining provisions of this Agreement, but such remaining provisions shall continue in full force and effect; provided, further, that in the event any provision or provisions are so declared to be in conflict with a law or regulation, both parties shall meet for the purpose of negotiating an agreement on the provision or provisions so invalidated.
Article 11
11.1 The College agrees that it will not lock out any or all part-time faculty members during the term of this Agreement.
11.2. Part-time faculty and the
1) Advise
the College in writing that such faculty action has not been authorized or
sanctioned by the
2) Advise the faculty by email, regular mail and other available means that it disapproves of such action(s) and instruct them to cease such activities immediately.
This provision shall not preclude the College from proceeding with its rights under 11.3 or 11.4.
11.3 The College has the right to discipline, suspend or discharge any or all part-time faculty taking part in any violation of this Article. The question whether the faculty member violated this Article is subject to challenge under Article 6, Grievance Procedure and Arbitration. However, the Colleges decision to discipline, suspend or discharge a faculty member who violated this Article shall not be subject to challenge under Article 6, Grievance Procedure and Arbitration or any legal proceeding.
11.4 The
College or the
11.5 It is intended and
agreed that this Article shall be the exclusive means for the determination of
all grievances and disputes based upon an alleged breach of this Article. Neither the College nor the
11.6 Whenever a
violation of this Article shall be alleged, notification by telephone shall be
made by the party alleging a violation to any of the arbitrators listed. The arbitrator should be chosen according to
their availability to immediately review the case. The parties have agreed upon the following
panel of arbitrators:
1. Robert OBrien
2. Roberta Golick
3. Michael Walsh.
11.7
The cost of the arbitration shall be shared equally by
the College and the
Article 12
Faculty Responsibilities
12.1 Faculty members shall meet each class at the scheduled time and place as set forth by the Department Chair and the Registrar. Faculty members are responsible for seeing that each course has the full number of class meetings required. Faculty members shall notify the Department Chair in writing (which includes e-mail and fax) if unable to teach a class, and shall make arrangements with the Registrar for a time and place to make up the missed class on or before the last day of classes for the current term and notify the Department Chair in writing (which includes e-mail and fax) when the missed class is made up. Faculty members shall not give final examinations during regularly scheduled classes.
12.2 Faculty shall provide an up-to-date curriculum vita yearly and a syllabus following Syllabus Guidelines no later than first day of class. All new faculty shall attend an orientation program as determined by the Vice President of Academic Affairs or a designee.
12.3 Faculty members shall schedule and hold office hours at the College of one hour per week per course. The faculty member must inform in writing (which includes e-mail and fax) the Vice President for Academic Affairs or designee of the time and location of the scheduled office hour which must be on the Colleges campus. The time and location of the scheduled office hour cannot be changed by the faculty member without the prior written approval of the Department Chair, except on the rare occasion when there is insufficient time due to the nature of the reason for the change and subsequent notice is given in writing (which includes e-mail and fax) to the Department Chair.
12.4 Faculty shall adhere to College policies as communicated by the College annually.
12.5 A faculty member shall abide by each of the following policies for each teaching assignment:
a.
College policy regarding class attendance, student
projects and student assignments.
b.
A course syllabus prepared by the faculty member and
approved by the Department Chair must be on file with the Chair for each teaching
assignment each semester. A faculty
member must submit a course syllabus to the Chair for approval in a format and
by a date to be determined by the Chair.
Each course syllabus must be based upon the course outline and state the course
of study, course objectives, student assignments and tests, criteria for
grading, expected weekly hours of out-of-class student preparation,
expectations for the students educational attainment, the location and times
of a faculty members scheduled office hour, the opportunity for a student to
schedule advising time by appointment with the faculty member, and other
related matters directed by the Chair.
The faculty member will provide a copy of the course syllabus for each of
his/her teaching assignments to each student at the first class meeting.
c.
The faculty member must follow and carry out the course
syllabus for each teaching assignment.
d. Each student in each teaching assignment must be tested or otherwise formally assessed and awarded grades by the faculty member in accordance with College policy, including Departmental policy. Grades for each student in each teaching assignment must be submitted to the Registrar on a date to be determined by the Registrar. The faculty members record of grades for each test, paper or project for each student in each teaching assignment must be provided to the Department Chair upon request of the Chair.
Article 13
General Provisions and Definitions
13.1 Business day: The term business day as used in this Agreement is a weekday on which the Colleges administrative offices are open even if academic classes are not in session.
13.2 The term "Academic Year" as used
in this Agreement shall consist of two terms referred to as the "Fall
Term" and the "Spring Term." Each Term shall consist of 38
MWF class days, 26 TTh class days, and for classes meeting once a week, 13
class days, plus such additional faculty-led study days or project days to meet
the 15-week minimum required by federal financial aid rules. Faculty
members need to meet with their classes at the time when their final exam is
scheduled to take place. This period
should be used for examination, discussion, summarizing the course, in-class
review of final projects or any other appropriate activity designed to advance
the students education. While subject to revision because of weather or other
emergencies, normally the Fall Term shall begin shortly before or after Labor Day, and shall conclude no later
than the day prior to Christmas Day.
13.3 Minimum terms: The College, in its discretion, may employ a faculty member upon any wages, hours, terms and conditions of employment which the College determines appropriate so long as such wages, hours, terms and conditions of employment are not less favorable than those set forth in this Agreement. The granting or not granting to a faculty member of wages, hours, terms and conditions of employment which are more favorable than those set forth in this Agreement is at the discretion of the College and shall not be subject to grievance or arbitration under Article 6.
13.4 Notice: Notice to a faculty member is accomplished by mailing said notice by first class mail to the faculty members address on file in the office of the Colleges Vice President for Academic Affairs.
13.5 The term faculty or faculty member(s) or part-time faculty member(s) means a part-time faculty member(s) in the unit set forth at Article 1, unless specifically stated otherwise.
13.6 The term party means the College or the
13.7 The term parties means the College and
the
13.8.a The term AAUP representative means an
employee or official representative of the
American Association of University Professors (AAUP) who has been appointed by the AAUP to service the
b. The Colleges Vice President for Academic Affairs must be notified in writing by the Union President not later than three (3) calendar days prior to an AAUP representative coming on campus to attend to Union business.
c. The College recognizes that from time to time other employees or officials or agents of the AAUP may have a good faith need to attend a meeting of the Union (see Article 7.2.a). The Colleges Vice President for Academic Affairs must be notified in writing by the Union President not later than five (5) calendar days prior to said meeting the name, title and business address of each individual. The Colleges Vice President for Academic Affairs must approve in writing to the Union President each such individuals entry on campus. Such approval will not be unnecessarily withheld.
d.
While on the College campus, the
13.9.a In the event that the Colleges Vice
President for Academic Affairs notifies in writing the Unions President that
the College has concluded that a provision in this Agreement is in conflict
with a provision in the Colleges agreement with the ECCAAUP, the provision in
the ECCAAUP agreement shall prevail in resolution of the issue giving rise to
the conflict unless, within 15 calendar days, the Union and the ECCAAUP jointly
notify in writing the Colleges Vice President for Academic Affairs that they
have mutually agreed upon a resolution.
The Colleges Vice President for Academic Affairs will notify in
writing, within 15 calendar days, the
13.9.b Article 13.9, or any part thereof, is not
subject to the provision of Article 6, Grievance Procedure and Arbitration,
except that, in the event that the College does not accept the jointly proposed
resolution, the Union, on or before the tenth (10th) business day
after the College notifies the Union that it does not accept the jointly
proposed resolution, may file a grievance, pursuant to Article 6, limited to
the issue as to whether the provision in this Agreement is in conflict with a
provision in the Colleges agreement with the ECCAAUP. If the Arbitrator finds that there is no
conflict, the provision in this Agreement, with no other remedy, shall apply
as of seven (7) working days after the Colleges receipt of the decision or
such other time as the College and the
13.10.a The Union will indemnify and hold harmless
the College, its trustees, officers, agents and employees, against any and all
suits, claims, demands, proceedings or other liabilities (1) for damage to
property or injury to any persons caused by the Union or its agents,
representatives, employees or members acting not in a capacity as employees of
the College, or (2) that may arise out of any action taken by the College for
the purpose of complying with this Agreement.
The College shall undertake the defense of such claims and all expenses
thereof, including legal fees, shall be paid by the
13.10.b Section 13.10.a applies to this Agreement,
except for Sections 7.4.a-g and
7.5.a-I as those Sections are indemnified by Section 7.3.
Article 14
Management Rights
14.1 All management rights, powers, authority, responsibilities and functions, whether heretofore or hereafter exercised, and regardless of the frequency or infrequency of their exercise, are retained and vested exclusively in the College unless specifically modified by a specific provision of this Agreement.
Without limiting the generality of 14.1 above, the College has the right to the full and exclusive control, management, operation and direction of its business and affairs in carrying out its educational mission, including, but not limited to, the determination of its education mission, its activities, its business and its location. The College has the right to establish academic policy; to establish, restructure or discontinue academic units, programs and specific courses; to determine the number and qualifications of faculty; to appoint, reappoint, terminate, evaluate or layoff faculty; to establish standards, duties and workload for faculty; to assign or reassign a faculty members academic assignments; to determine the number of students per class and student qualifications; to determine days and hours of operation; and otherwise to manage the College to attain its goal of excellence in teaching and scholarship.
Article 15
Waiver of Rights
The failure by either party to
insist in any one situation upon performance of any of the terms or provisions
of this Agreement shall not be considered as a waiver or relinquishment of the
right of the College or the Union to future performance of any such term or
provisions, and the obligation of the parties to such future performance shall
continue.
Article 16
Pre-Existing Rights, Privileges or Benefits
The parties acknowledge that during
the negotiations which resulted in this Agreement, each had the unlimited right
and opportunity to make demands and proposals with respect to any subject or
matter not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise
of that right and opportunity are fully and exclusively set forth in this
Agreement. Therefore, the College and
the
Article 17
Duration of Agreement
17.1 This Agreement shall be in full force and effect from _______ to June 30, 2014 and shall continue from year to year thereafter unless written notice to terminate this Agreement is served by either party upon the other by certified mail, return receipt, and such notice is received at least sixty (60) calendar days prior to the date of expiration, in which event this Agreement shall terminate at midnight of June 30, 2014 unless renewed or extended by mutual written agreement signed by the parties.
17.2 If notice of termination is given as provided for, negotiations for a new Agreement shall begin within thirty (30) calendar days of the receipt of such notice but in no event earlier than ninety (90) days prior to the expiration date of this Agreement.
FOR:
American
Association of University Professors
MEMORANDUM OF UNDERSTANDING
WORKLOAD
1. This agreement supplements Article 5 of the Agreement and is incorporated in and made part of said Article 5.
2. The part-time faculty members listed below may be assigned by the College to teach up to the maximum number of credits set forth below each academic year during the term of this Agreement, except that no more than sixteen (16) credits may be taught in the Day School.
Name Credits
David Akiba 20
Jane Akiba 20
Margaret Aloi 24
Robert Dulgrian 20
Richard Gilman 20
Brian McNeil 28
Kevin Miller 24
Peter Shippy 32
Thomas Smith 28
Rex Trailer 24
Aleksander Wierzbicki 24
In addition, all faculty members who are currently at Steps 3, 4 or 5, and any other faculty members who reach Step 3 during the life of this Agreement, or any mutual extension of the Agreement, are allowed to teach up to a maximum of 20 credits per academic year (except for those specific faculty members currently listed above who have a higher stated maximum than 20.)
This Memorandum of Understanding on Workload will only continue for the life of the Agreement, or any mutual extension of the Agreement.
3. The College will not provide copies of this Memorandum to
part-time faculty covered by this Agreement or a third party. However, the
4. The College agrees to a period of 30
calendar days after the execution of the Agreement for the Union President to
submit to the Colleges Vice President for Academic Affairs a written list of
part-time faculty members, with reasons, whom the
_________________________________ _________________________________
American Association of University Professors
As of July 17, 2009
COURSE CODE KEY
GROUP COURSE PREFIX COURSE
DISCIPLINE
|
1 |
WR100-199 |
FIRST YEAR WRITING |
|
2 |
CC100-199 |
FUNDAMENTALS OF SPEECH |
|
3 |
VM |
VISUAL AND MEDIA ARTS |
|
|
LF |
FRENCH |
|
|
LS |
SPANISH |
|
|
TH |
THEATRE |
|
|
MU |
MUSIC |
|
|
DA |
DANCE |
|
|
CC |
COMMUNICATION STUDIES |
|
|
JR |
JOURNALISM |
|
|
PA |
PERFORMING ARTS |
|
4 |
PH |
PHILOSOPHY ETHICS AND RELIGION |
|
5 |
LI |
LITERATURE |
|
|
WP200+ |
WRITING AND PUBLISHING COURSES |
|
|
SC |
SCIENCE |
|
|
PB |
PUBLISHING |
|
|
IN |
INTERDISCIPLINARY STUDIES |
|
|
HS |
HONORS |
|
6 |
PS |
PSYCHOLOGY |
|
|
SO |
SOCIOLOGY |
|
7 |
CD100-599 |
COMMUNICATION DISORDERS-UNDERGRADUATE |
|
|
MT |
MATH |
|
|
HI |
HISTORY |
|
8 |
PL |
POLITICAL SCIENCE |
|
9 |
EC |
ECONOMICS |
|
10 |
MK |
MARKETING COMMUNICATION |
|
|
GM |
GLOBAL MARKETING |
|
|
|
|
|
|
MB |
BUSINESS |
|
|
ME |
ENTREPRENEURSHIP |
|
|
HC |
HEALTH COMMUNICATION-GRADUATE |
|
|
CD600+ |
COMMUNICATION DISORDERS-GRADUATE |
Current as of July 2009
Copyright ©
2009 Affiliated Faculty of