Unit 11 Department Chair Presentation

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Unit 11 Department Chair Presentation

• Faculty Affairs Records
• November 2005

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Topics

• Introduction
• Posting
• Job Descriptions
• Emergency Hires
• Classification
• Appointment Notification
• Appointment Conditions
• Evaluations
• Salary

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Topics(Continued)

• Fee Waiver
• Benefits, Leaves, Holidays, Parking
• Concerted Activities
• Personnel Files
• Discipline, Grievances, Non-Discrimination
• Materials Support
• Training Workload
• Union Access

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Posting - Website

• Effective Spring 2006 Semester - January 26, 2006
• One Central Website
• Will be Faculty Affairs Records website at
  www.fullerton.edu/far/
• Links to Department websites
• Department websites must contain job postings

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Job Postings

• Must list open hire positions
• Positions not used to fulfill a commitment of
  support made to a student
• At the time of admission
• Under an existing advising relationship with a
  faculty member(s)
• Must contain required elements
• See required elements list on FAR Unit 11
  webpage
• Job Posting Template on FAR Unit 11 webpage
• May use your own format but must include required
  elements

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Job DescriptionEffective December 1, 2005

• As soon as is practicable, must provide ISA, GA
  or TA with document stating specific duties of
  the appointment
• Must provide advance notice when initial duties
  change significantly

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Emergency Hires

• When necessary, emergency appointments may be
  made
• Example Teaching Associate does not show up to
  teach the first day of class
• Do not have to post this position, can just hire
  a replacement

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Classification - Duties

• Important to properly classify Unit 11 employees
  ISAs, GAs and TAs
• See HR Tech letters for
• Graduate Assistant http//www.calstate.edu/HRAdm/p
  df2005/HR2005-29.pdf
• Teaching Associate http//www.calstate.edu/HRAdm/p
  df2005/HR2005-30.pdf
• Instructional Student Assistant
  http//www.calstate.edu/HRAdm/pdf2004/TL-SA2004-17
  .pdf

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Appointment Notification Timing

• Appointments made on or after December 1, 2005
  must be in writing and contain all required terms
  and conditions per CBA, plus a written job
  description
• Fall semester appointments need not comply with
  the CBA's provisions on appointment notification 
• Unit 11 employees receiving winter appointments,
  as well as students appointed for the academic
  year, must receive the contractually-required
  appointment notification as soon as practicable
  after December 1, 2005

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Appointment Notification Elements

• Must contain required elements pursuant to the
  Unit 11 CBA
• Appointment forms are being updated to reflect
  required elements

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Conditions of Appointment

• Offers of single academic term to GAs and TAs are
  not conditioned on budget or enrollment
• First term of multiple academic terms is not
  conditioned on budget or enrollment, but the
  subsequent terms are
• When rescinding appointment based upon budget
  enrollment, campus has right to rescind
• TA appointments any time prior to 3rd class
  meeting
• GA appointments any time prior to the second full
  week of the academic term

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Conditions of Appointment(Continued)

• All offers of appointment for ISAs may be
  conditioned on budget and enrollment
• As condition of employment, employees must remain
  academically eligible
• If becomes academically ineligible, employee may
  be removed without pay
• Employees may be reassigned for operational needs

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Evaluations

• If an employment evaluation is to take place, the
  employing unit must provide the Unit 11 employee
  in writing with evaluation criteria, schedule and
  procedures for written employment evaluation
  within first 14 days of the appointment period
• Criteria and procedures cannot be changed during
  the appointment period
• Employee may submit rebuttal re the content of
  the evaluation
• Grievable on procedural grounds
• May only grieve content if violation of the
  non-discrimination article alleged
• Personnel actions based upon materials in
  personnel file

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Salary

• Subject to CSU final budget being in compliance
  with the Governors Compact each year
• FY 2005/06 - Effective October 1, 2005
• GSI of 3.5,
• Instructional Student Asst. (ISA) minimum rates
  increased to 8.00,
• One-time bonus of 54 provided to each employee
  on the payroll between July 1 and December 31,
  2005.

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Salary (Contd.)

• FY 2006/07 - Effective October 1, 2006
• GSI of 3.0,
• Instructional Student Asst. minimum rates
  increased to 9.00.
• FY 2007/08 - Effective October 1, 2007
• GSI of 4.0,
• Instructional Student Asst. minimum rates
  increased to 10.00.
• An ISA shall receive the GSI, and if still below
  minimum hourly rate, will then be raised to the
  new hourly rate

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Fee Waiver

• FY 2005/06 - No fee waivers.
• FY 2006/07 CSU may implement full fee waiver of
  all fees for employees with a .25 FTE time-base,
  or who work 160 hours in a semester at its
  discretion, subject to its determination it has
  received sufficient funding
• If CSU elects to not implement fee waivers, then
  the parties reopen bargaining on fee waivers for
  FY 06/07.

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Status Quo No Change From Prior to CBA

• Benefits
• Vacation and Holidays
• Sick and other leaves

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Vacation and Sick Leave

• No change status quo
• Vacation Accrual 12-month TAs only (2353)
• 16 hours per each qualifying month pro-rata per
  timebase (Timebase x 16 hours)
• Sick Leave TAs only
• Following completion of 1 academic qualifying pay
  period for AY TA or 1 qualifying pay period for
  12-month TA
• Accrue sick leave pro-rata per timebase (Timebase
  x 8 hours)
• Maximum sick leave that can accrue in one month
  is 8 hours from all positions combined
• Maximum sick leave that may accrue per year is 96
  hours from all positions combined
• May be accumulated without limit

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Holidays(No change)

• Officially observed or academic holidays per
  campus calendar
• TAs and GAs only
• Entitled to receive pay for officially observed
  or academic holidays per the campus calendar
• If on a leave of absence without pay or in
  another non-pay status on a holiday, holiday not
  paid
• Personal Holidays
• TAs only one PH per calendar year

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Parking

• Employees shall be eligible for the same category
  of parking permit available to their
  classification as of January 1, 2004
• GAs and ISAs eligible for student parking permit
• TAs eligible for Faculty/Staff parking permit

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Personnel Files

• Pursuant to Unit 11 CBA, Personnel files must be
  kept pertaining to a Unit 11 employees
  employment (and previous campus employment)
• Documents not part of personnel file
• Materials re employees coursework
• Pre-employment materials (part of the recruitment
  and hiring process with exception of the
  application)
• Campus police records
• Campus medical records
• The location and the custodian of the file must
  be designated by the Deans Office
• Employee has the right of access to all materials
  in his/her personnel file, and may request copies
  of the documents from the file Include Access
  Logs in Files
• More information re Personnel Files in Article 17
  of the CBA (http//www.calstate.edu/LaborRel/Contr
  acts_HTML/CBA_Contract/Unit_11_Contract-First_Draf
  t_062405.pdf)

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Concerted Activities

• CBA forbids employees from engaging in strikes or
  any other kind of concerted activity
• If this occurs, alert FAR immediately

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Discipline

• May be disciplined for just cause
• Discipline is defined as
• A written reprimand or
• A dismissal/discharge
• Discipline is not
• Oral counseling or warning, expiration of
  appointment or failure to make reappointment,
  reassignment for operational needs, removal for
  academic ineligibility, performance evaluation,
  investigatory leave, or rescission due to failure
  of condition

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Grievance Procedure

• Sole means of resolving contract disputes
• Not precluded from pursuing allegations of
  Constitutional, statutory or regulatory
  obligations in the appropriate forum
• Two informal steps
• First with immediate supervisor
• Second with an individual designated by the
  campus the Chair or Director unless he/she is
  the supervisor, and then the Dean or designee
• Most grievances should be resolved at the
  informal stage
• Immediate supervisor/Chair must respond quickly
  to grievance (21 days to file grievance)
• Notify FAR about all Unit 11 grievances

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Grievance Procedure(Continued)

• Three formal steps
• First - on campus with the Presidents designee
  (FAR)
• Grievance form must be filed within 21 days of
  the event
• Formal grievance meetings occur within 14 days of
  the date of the request to meet
• Written response filed within 14 days of the
  completion of the grievance meeting at each step
  of the grievance procedure
• Second with Chancellors Office
• Third - Arbitration

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Non-Discrimination

• Discrimination and retaliation complaints
  notify Office of Diversity Equity
• Whistleblowing complaints - notify Risk
  Management
• May also file grievance

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Materials and Support

• University must provide employee with access to
  workspace, texts, facilities, services and
  instructional support deemed required to perform
  work
• Access to workspace should be whatever campus
  standard is
• Department Chair/Director deems what is required
  to perform work

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Training

• Unit 11 employees must be paid for all training
  and orientations
• Part of the workload
• Not part of workload
• Pedagogy courses required as a condition of
  employment for Teaching Associates and other
  training for unit employees required as condition
  of employment

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Workload

• TAs and GAs whose work involves research are
  exempt employees
• Non-exempt employees shall be paid for all hours
  assigned by supervisor, including work related
  meetings
• Tutors shall be paid for showing up at the
  scheduled tutoring session if the student fails
  to show and the ISA was not notified before the
  start of the session
• If this occurs, may be assigned to different
  duties

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Workload (Continued)

• Non-exempt GAs and ISAs shall be allowed 15
  minute breaks for each 4 hour period worked
• Exempt employees are to be assigned reasonable
  workloads
• The number of hours the university could
  reasonably expect the exempt employee to
  satisfactorily complete the work

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Reasonable Workload

• Measured by the consideration of several factors,
  including hours normally assigned (no more than
  320 hours per semester/20 hours per week with no
  more than 73 hours per semester excess), nature
  and quantity of work assignments, number of
  students, type of instruction, level of support,
  enrollment demand, and use of WTUs
• Exempt employees should initiate discussions with
  their supervisor as soon as possible re workload
  issues
• Workload grievances subject to expedited/arbitrati
  on process

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Union Access

• Union shall conduct Union business involving
  employees on campus during individual employees
  non-work time
• Union business shall not interfere with campus
  programs, operations, or the work of employees or
  other campus personnel

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Unit 11 Questions?

• Contact
• Anita Jessup, Employee Relations Manager
• Faculty Affairs Records
• ajessup_at_fullerton.edu