UC - AFT

Article

Old Contract

New Contract

Article 1 Recognition

Describes bargaining unit

Clarifies that inclusion in the Senate removes one from unit. Requires the University to provide detailed information on Visiting and Adjunct titles and meet and discuss new title codes, if introduced.

Article 2 Academic Freedom

Current Contract Language

Article 3 Academic Responsibilities

Application of standards linked to Senate faculty. Specific language on unacceptable conduct. Clarification that part-time NSF may seek outside employment

Article 4 Nondiscrimination in Employment

Adds "ancestry; HIV status". NSF may choose to arbitrate or litigate, but not both. Ability to arbitrate Article 4 is new.

Article 5 Non-Lecturer Unit Members (Now: Description of Unit Titles)

Defines Lecturer

Article 6: Academic Year--Nine Month Appointment

Modified to match up with new benefits policy

Article 7.a Appointments Pre-Six

Covers process of appointment and reappointment of NSF during the first six years

1. Appointments quarter by quarter or year-by-year at the sole discretion of the University
2. No access to binding arbitration on non-reappointment

Note: Some success at PERB on non-reappointments at the sixth year and on time-limited positions. PERB charges must include a "unilateral change" and therefore are not effective in departments where nobody ever gets to the sixth year.

1. Gives materials in file due consideration
2. Prohibits post-six avoidance
3. Limits time-limited positions
4. Restricts the use of visiting professors and adjunct faculty
5. Defines review procedure on reappointment
6. Includes post-six in the reappointment assessment
7. Prohibits replacing a lecturer with lower-pay lecturer
8. Stipulates a clear ability to arbitrate pre-six disputes over discrimination, academic freedom, post-six avoidance, and cheaper replacements
9. Guarantees a one-step minimum merit increase at fourth year

Article 7.b Process for Initial Continuing Appointment

Major review at the end of eighteen quarters' or twelve semesters' service, leading to a Continuing Appointment

1. Three-year renewable contract, given instructional need and an undefined excellence standard
2. Ambiguity as to the University's determination of reappointment percentage
3. Arbitration of procedural violations only

1. Clarifies the definition of Instructional Need
2. Clarifies that all relevant material must be given due consideration and that use of student evaluations cannot simply be looking at the numbers.
3. Provides for arbitration on procedural and substantive violations, based on record as a whole and allows the arbitrator to order a redo of a performance review.

Article 7.c Continuing Appointments

Governs NSF after review at six years

1. Three-year renewable contracts
2. No contractual provision for augmentation

1. Transforms current three-year contracts to continuing appointments at current appointment percentage.
2. Continuing appointments may only be terminated through Layoff or Discipline & Dismissal
3. Augmentation to base normally becomes part of the base
4. Consideration for appointments to new course sections

Article 8 Instructional Support

Provision for access to office equipment

1. Provides "reasonable access" to office space, telephones, etc. as determined by the University.
2. Grievances only

1. Requires the University to provide office space, etc.
2. P.I Status in accordance with Contracts and Grants Policy at University discretion.
3. Arbitrability

Article 9 Professional Development (Now: Professional Concerns, Meetings, and Programs)

Funding sole discretion of the University

1. Agreement to facilitate integration of NSF into Senate Committees
2. Special development pool of $135/FTE allocated by campus
3. Establishes campus committee of NSF to allocate funds
4. Links NSF to Senate Faculty policies on intellectual property and distant education

Article 10 Personnel Files

1. Provision for personnel files
2. Files available for inspection in redacted form

1. Clarified and codified that all material will be in one file, which can be examined
2. "Personnel actions may not be based on any material that is not in the personnel file."

Article 11 Benefits (merged current Article 11 Benefits and 12 Retirement

Medical, dental, vision, insurance for 50% employees on annual contracts

Article 12 Retirement

University of California Retirement System, eligibility

Article 13 Leaves

Procedural arbitration only

1. No retaliation for requesting leaves
2. Arbitration expanded

Article 14 Per Diem (Now: Travel)

Current Contract Language

Article 15 Holidays

Add Veterans' Day

Article 16 Moving Expenses

Current Contract Language

Article 17 Medical Separation

Current Contract Language

Article 18 Layoff, Reduction in Time, and Reemployment

1. Describes process whereby lecturers may be terminated or reduced in appointment
2. Stipulates one-year notice period
3. No pay in lieu of notice for reductions in time
4. Allows seniority retention rights
5. One-year recall rights
6. No arbitrability of "academic judgment"

Note: This provision is largely untested as it was rarely (if ever) invoked. In the past NSF were "laid-off" by not being offered a reappointment

1. Specifies conditions that would trigger a layoff
2. Limits layoffs to lack of courses, replacement by senate faculty, or limited types of graduate students
3. Retains one-year notice period
4. 30-60 days pay in lieu of notice for reductions in time
5. Seniority rights
6. One-year recall rights for pre-six; three-year for Continuing
7. Provides arbitrability including "reasonable basis" for academic judgments.

Article 19 Resignation

Minor modifications to language

Article 20 Reassignment

Current Contract Language

Article 21 Rehabilitation

Special accommodations for disabilities

Such changes as mandated by law

Article 22 Salary

1. Minimum salary for all NSF of $27,852
2. "By agreement" pay allowing lower salaries than minimum with no general range adjustments

1. Full retro pay for those NSF appointed during 2002-03 AY
2. Pre-six minimum raised to $34,404 on October 1, 2003; then to $35,868 in spring, 2004; then to 37,572 in July, 2005
3. Post-six minimum raised to $40,200 on July 1, 2004; then to $41,712 in July, 2005
4. "by agreement" contracts now subject to minimums and general range adjustments (except those at maximum)
5. General range adjustments in 2004-5 and 2005-6 consistent with non-represented academic employees

Article 23 Merit Review Process

1. Merit review only mandated at sixth and ninth year
2. Amount of merit increase at University’s sole discretion
3. No arbitration

1. Merit increases to NSF in those years when Senate gets merit
2. Merit review every three years starting at year six
3. Minimum two-step merit increase upon successful review

1. Notice of changes with ability to meet and discuss
2. Arbitration over process with redo option

Article 24 Summer Session

Explains summer appointments, including salary

1. Revised definition of "contingent" appointments
2. Starting in 2004, lecturers to be paid the same percentage as senate faculty on all campuses

Article 25 Instructional Workload

1. Defines workload standard

1. Formation of a joint committee, including lecturers, to recommend reasonable workload levels in writing and languages, or another program including "reasonable amount of time required" to perform work.
2. Maintains workload status quo while Committee deliberates

1. Requires equivalencies for work outside of courses
2. Arbitration expanded

Article 26 Union Rights

Meetings and access defined

1. Better access to more current information (e.g. email addresses) to contact unit members

Article 27 Release Time for AFT-Business

Release without loss of pay for up to six lecturers engaged in contract bargaining

1. Paid release time for one NSF per campus on bargaining team
2. Paid release time for Chief Negotiator during bargaining
3. Preferential scheduling for Alternates and Substitutes
4. One course release per year per campus for NSF Union Steward (paid for by UC-AFT) without loss of benefits
5. One course release per year for Union President (paid for by UC-AFT) without loss of benefits

Article 28 Payroll Deductions and Dues Withholding

Provides for "dues check off," by which dues are automatically paid

1. Adds Fair Share
2. Voluntary check off for UC-AFT COPE Fund

Article 29 Management Rights

Administration's right to run the University

Current Contract Language with first line revised to clarify that Management Rights are superseded by the provisions of the MOU

Article 30 Academic Calendars

Sets the number of calendar days

Current Contract Language with clarification of bargaining obligation upon conversion to Year Round

Article 31 Discipline and Dismissal

1. Senate option for discipline and dismissal
2. Arbitration

Note: This provision is largely untested as it was rarely (if ever) invoked. In the past NSF were "discharged" by not being offered a reappointment

1. Continuing appointees can be dismissed only for just cause after an extensive remediation and review process
2. Ability to challenge dismissal decisions through Senate review or grievance process

1. The standard for academic dismissal must be a "significant decline in performance"
2. Evidence not be limited to student evaluations, but encompasses the entire file
3. Extended written Notice of Intent
4. Grievance and arbitration provisions: if arbitrator finds dismissal unjustified, may return NSF to work

Article 32 Sexual Harassment

Current Contract Language

Article 33 Grievance Procedure

Internal process by which disputes can be resolved within the University

Steps:

1. 1: "Informal"
2. 2: "Higher Administrative level"
3. 3: Final and in many cases without recourse to arbitration

1. Additional step added to the process, including an appeal to the Office to the President
2. Decision maker at each step must have authority to modify earlier decision
3. Arbitration expanded

Article 34 Arbitration

Provides means by which a neutral third party can resolve disputes concerning the meaning of the contract

1. No arbitration of any "academic judgments"
2. Many articles not arbitrable

Article 35 Immigration Reform and Control Act

Current Contract Language

Article 36 No Strikes/No Lockouts

Silent on "sympathy strikes" Bad bargaining history, good PERB ruling

Inserted "sympathy strikes" to protect other unions with the same language.

Article 37 Past Practice

Current Contract Language

Article 38 Waiver

Defines policies outside the contract

Additional APM provisions added

Article 39 Severability

States that if some part of the contract become invalid in law, the contract will remain valid

Current Contract Language

Article 40 Successors

Indicates conditions under which the contract will remain in effect

If Regential system changes, the current contract will remain

Current Contract Language

Article 41 Duration

Defines the time period for the contract, and permits a certain number of articles to be reopened each year

Expired June 30, 2000

1. Contract will expire June 30, 2006
2. Provision for reopeners:

1. Workload in 2004 (for UC-AFT, University to pick one as well)
2. Three articles in 2005 (excluding Appointments, Benefits, Parking, Salary and No Strike)
3. May strike on re-openers that go to fact-finding.

Article 42 Parking

Previously covered under Waiver with University retaining the right to increase rates during term

1. Increased rates go into effect June 1, 2003.
2. By 2005-2006, no increase greater than the best rate negotiated by any other union
3. No retroactive increases

Switkes letter (5/23/2002)

[Ms. Ellen Switkes, Assistant Vice President, Business and Finance, Office of the Senior Vice President, UCOP]

Defines Adjunct Professors and Visiting Professors and their duties: states that those appointments "should not be used where Lecturer appointments are appropriate"