Fact Sheet

HIGHLIGHTS: The faculty contract settlement 2012

Updated August 16, 2012

Two years ago, at the start of bargaining between the California Faculty Association and the CSU Chancellor’s Office for the next faculty contract, the Chancellor demanded a devastating list of ‘take aways’ in nearly every aspect of the contract.

Now, in the context of these tough times for California public employees, we have a contract settlement up for ratification that fought back the “take aways”, maintains salary and benefits, and achieves modest, but important, improvements for faculty. Here is an overview:

“Take Aways” Defeated

The Chancellor’s “take away” proposals would have resulted in losses of important protections and gains won in past contracts.

Salary

  • Defeated CSU administration’s legislative effort to impose higher contributions for health benefits through contract reopeners. This would have resulted in a substantial pay cut for all employees. For more detail, see Reopeners section below. (Articles 31 and 32)
  • Beat back a chancellor proposal to pay all faculty who teach summer classes at the lower extended education pay rate. (Article 21)
  • Fought back proposed salary reductions for faculty who teach in extended education programs. The current language remains. (Article 40)
  • Stopped proposal to eliminate the Indirect Instruction compensation ($150 per unit) for tenure track and tenured faculty teaching in self-support summer sessions. (Article 21)

Layoffs

  • Fought back a proposed change to the order of layoff that would have given management more power to pick and choose employees out of seniority, including tenured professors. (Article 38)

Temporary APPOINTMENTS

  • Beat back management’s attempts to undermine preference for work and three-year appointments for Lecturers, which would have eliminated modest levels of job security for 55% of the faculty. This victory maintains stable jobs for faculty and a consistent teaching force for students. (Article 12)
  • Stopped management’s attempt to limit currently employed Lecturers’ right to get new and additional work. (Article 12)
  • Rejected management’s attempt to eliminate right of lecturers, librarians and counselors with full time temporary appointments to obtain unconditional full time appointments. (Article 12)
  • Fought off limitations to the existing Lecturer appointment rights for teaching classes in summer and extension (Article 40)
  • Stopped management’s attempts to reduce the rights that faculty with temporary appointments have to careful consideration for work. (Article 12)

Evaluations

  • Stopped a plan to decrease the number of days in which a faculty member may rebut a negative evaluation. (Article 15)
  • Fought off proposal to eliminate the requirement that there be consultation between the faculty member being evaluated and the individual who visits his/her classes, when classroom visits are part of the evaluation. (Article 15)
  • Stopped a proposal to permit evaluations by administrators who are neither faculty unit employees nor academic administrators. (Article 15)
  • Stopped a proposal to give administrators unilateral control in requiring that external reviewers participate in faculty evaluations. (Article 15)
  • Fought off proposal to give campus president absolute discretion to decide on procedures for student evaluations without consulting with appropriate faculty committee. (Article 15)
  • Beat back proposal that would have required RTP-type evaluation for an initial three year appointment for temporary faculty. (Article 15)

Sabbaticals

  • Fought off plan to give campus presidents more discretion to deny sabbaticals. (Article 27)

Coaches

  • Fought back a proposal to put all contract language pertaining to coaches into a separate article, which would have isolated coaches and potentially excluded them from contractual benefits and protections.

Fee Waiver

  • Fought off proposal to eliminate doctoral programs from fee waiver. (Article 26)

Improvements To The Faculty Contract

We gained a number of modest improvements in these negotiations. Not only do these gains mean a lot for those faculty members affected, but these improvements help to preserve our public university system.

Workload Measures

  • A joint union-administration committee will be formed to track and study the impacts of changes in workload on all faculty including librarians, counselors and coaches. The committee will take into account the factors that impact workload listed in Article 20.3, including new technology and research. (Article 20)
  • Greater consultation will be required in consideration of counselor workload and responsibilities. (Article 20)
  • Participants in the Faculty Early Retirement Program shall not be required to undergo evaluations unless requested by the FERP participant or the administration. (Article 15)

Improvements To Leaves

  • In addition to paid parental leave (previously referred to as maternity/paternity leave), tenure-track faculty will be able to take up to one year of parental leave without pay. Currently this section only applies to tenured faculty. (Contract Article 22)
  • Faculty members will have greater flexibility in scheduling parental leave and gain the ability to share parental leave time with a spouse who is also a faculty member. In addition fifteen days of sick leave can be used to increase parental leave, without approval. (Article 23)

Faculty Rights Improvements

  • Letters of reprimand will now have to be clearly defined as such. No more stealth reprimands. (Article 18)
  • When reprimands are removed from a faculty member’s personnel file, all rebuttals to the reprimand and all past reprimands will have to be removed as well. (Article 18)

Salary: Campus Equity Pay Plan To Address Inversion & Compaction

  • If a campus chooses to provide funding, those faculty who qualified for Equity Year 2 in 2008 will be eligible for the remainder of the promised raises. This improvement will ensure that any equity money available will be spent fairly. (Article 31)
  • After the Equity Year 2 obligation has been completely fulfilled on a particular campus, a follow-up Equity Program may be implemented on that campus for those faculty members still in need of equity adjustments. (Note: The existing mechanism for individual market increases remains in the contract.) (Article 31)

Fee Waiver & Reimbursements

  • The age of dependents eligible for fee waiver will increase from “up to 23 years of age” to “up to 25 years of age.” (Article 26)
  • Coaches will have the same access to fee waiver as other temporary faculty unit employees (Article 26)
  • With prior approval of the campus president, counselors shall be reimbursed for credential and licensing fees. (Article 25)

Sabbatical Improvement

  • Faculty who are selected for sabbatical but cannot take it due to funding availability will automatically go to the top of the list for sabbaticals the following year. (Article 27)
  • Salary for 12-month department chairs on sabbatical shall be based on a 12-month (not academic year) salary schedule. (Article 27)

Summer Employment

  • There will be increased flexibility to voluntarily teach lower enrolled summer classes.

Expansion Of FERP

  • Tenured counselors will be included in Faculty Early Retirement Program. Previously, counselors had been excluded from FERP. (Article 29)

Make Contingent Teaching More Stable

  • Lecturers with a one-year appointment will have the right to new or additional work before it goes to candidates without a one-year appointment. (Article 12)
  • Lecturers eligible for initial three-year appointments will now have the right to be placed on a re-employment list if work is not available. (Article 38)
  • Lecturers seeking three-year appointments will be evaluated on their cumulative work performance during the qualifying period (six years for initial appointments, three years for repeating appointments), protecting against a negative evaluation based on insufficient evidence. (Article 15)

Improved Protection Against Discrimination

  • The contract will be brought up to date with state law to prohibit discrimination against faculty based on gender identification, gender expression, genetic information or medical condition.(Article 16)

Maritime Academy Sideletter

  • Negotiated improvements in conditions for Cruise Faculty including increase in uniform allowance and health and safety improvements.

Counselor Interns

  • Developed consistent process for hiring counselor interns, established clear limit on their usage, and established their salaries (Article 2, Counselor MOU/Supplemental Documents).

Compromises

Reopeners On Salary & Benefits (Articles 31 & 32))

We were not successful in getting GSI or SSI increases for 2012/13 and 2013/14. However, we did maintain our current salary and benefits, a great victory in this economic climate. Similar to most public education employee contracts, and most past CFA contracts, we will have reopeners on wages and benefits.

  • Between October 1 and November 30, 2012, the Chancellor or CFA will have the right to re-open bargaining on salary and benefits for the 2012/13 fiscal year.
  • Between January 1 and February 28, 2013, the Chancellor or CFA will have the right to re-open bargaining on salary and benefits for the 2013/14 fiscal year.
  • In reopeners, contractual changes occur only after mutual agreement of the parties. In the absence of mutual agreement during reopeners, the status quo of contractual provision prevails.

Other Compromises

Bargaining a contract is never a one-way business. CFA’s Bargaining Team accepted some changes to the contract sought by the Chancellor.

  • The union release-time pay schedule will be modified so that CFA covers more of the cost of faculty leaders doing union work. (Article 6)
  • All courses will be evaluated unless a campus president decides otherwise, after consideration of recommendations from the appropriate faculty committee. (Article 15)
  • Electronic student evaluations will be permissible. (Article 15)
  • In cases of discipline involving dismissal, demotion or suspension greater than 30 days, implementation will be held in abeyance no more than 135 days.
  • Fulltime faculty with outside employment of more than 160 hours per semester or 100 hours per quarter will be required to fill out a form describing the work. This will bring the University into compliance with state auditor requirements. (Article 35)
  • Doctoral students will be eligible for fee waiver but the reimbursement amount will be capped at graduate student levels. Current doctoral students on fee waiver will be grandfathered at the current reimbursement rate. (Article 26)
  • A three-year appointment will continue to be issued automatically to eligible Lecturers with the change that such an appointment requires a satisfactory periodic evaluation instead of the previous standard of absence of unsatisfactory performance. However, along with this change are procedural protections for the three-year appointment evaluation rating process. In addition, the evaluation must be based on the personnel action file and any claim of unsatisfactory performance must be documented in writing. (Articles 12 and 15)
  • A Lecturer with a one-year appointment who is objectively determined to be demonstrably better qualified for a specific class may be assigned new or additional work available to three-year Lecturers. This exceptional circumstance applies only to extra “new or additional work,” not to assignment order for appointments. (Article 12)
     

Commands