Major Changes in NonSenate Instruction Unit Unit 18 MOU

1
Major Changes in Non-Senate Instruction Unit
(Unit 18) MOU

• Department Chairs Forum
• October 23, 2003

2
Non-Senate Instruction Unit MOU

• UC and UC-AFT reached agreement on a new MOU
  after 3 years of bargaining
• Duration of this MOU is from July 10, 2003
  through June 30, 2006.
• Some provisions of this MOU will be subject to
  reopener bargaining as soon as April 2004.
• UC-AFT has already designated Article 24-Workload
  as their topic for reopener bargaining in 2004.

3
Management Flexibility and Academic Planning

• UC has retained most of the management rights,
  but lost some flexibility. Some examples
• Reduction to appointment percentage now requires
  at least 30-day notice or pay-in-lieu of notice
  if as a result of class cancellation
• Continuing appointment status, replaces
  post-six-year/three-year lecturer contract.
• Therefore, the key to manage this new bargaining
  contract is advanced academic planning.

4
Non-Senate Faculty (NSF) Appointments
Pre-six-year appointments

• UC still has the sole discretion to make a
  determination regarding
• Who teaches a course
• The duration of an appointment
• The assignments of an individual
• The assessment of performance

5
Non-Senate Faculty (NSF) Appointments
Pre-six-year appointments

• UC may consider the following when making NSF
  appointments
• Time-limited programs e.g., faculty fellows
  program with lecturer appointments limited to two
  years
• Need to infuse new perspectives or pedagogy as
  long as the NSF is included in the overall hiring
  consideration
• Need to employ other academic appointees in order
  to accomplish the UCs academic goals e.g.,
  graduate student training ladder rank faculty
  teaching load, etc.

6
Non-Senate Faculty (NSF) Appointments
Pre-six-year appointments

• These decisions are generally not subject to
  grievance or arbitration provisions, except to
  the extent they reflect or result from UC actions
  that are grievable and subject to arbitration.

7
Non-Senate Faculty (NSF) Appointments Special
MOU Provisions related to Pre-six-year
appointments

• While pre-six-year NSF appointments are
  still made at UCs sole discretion, the
  University may not engage in any post-six-year
  avoidance practice, such as
• Policy or practice which restricts access to
  continuing appointments
• Pattern of non-reappointment of lecturers in
  their 6th year
• UC can not hire a lower-paid NSF to teach instead
  of a higher-paid NSF who has already been
  teaching the same course.

8
Non-Senate Faculty (NSF) Appointments
Continuing Appointments

• There are no longer post-six-year/three-year NSF
  contracts. These are now called continuing
  appointments, similar to the concept of career
  status for staff.
• Instructional need is now determined on an annual
  basis. Instructional need to establish a
  continuing appointment exists when
• There is a departmental need for courses to be
  taught by NSF in which the NSF has taught
• the NSF is qualified to teach those courses
• a continuing appointee is not already expected to
  teach that course.

9
Non-Senate Faculty (NSF) Appointments
Continuing Appointments

• Instructional need will not exist when courses
  previously taught by NSFs are to be reassigned
  to
• Senate faculty
• Graduate Academic Student Employees (ASEs) whose
  training is in the same department or related
  discipline
• Unanticipated distinguished visiting or adjunct
  professors

10
Academic Review Pre-six-year NSFs

• Pre-six-year NSF appointment is still a term
  appointment with specific beginning and ending
  dates.
• UC is obligated to assess the pre-six-year
  NSFs performance when it has decided to
  reappoint this NSF.
• This assessment need not be a formal review but
  must be conducted in accordance with each
  academic units applicable procedures for
  assessment of pre-six-year appointees and must be
  applied consistently within each academic unit.
• UC must notify NSF of the details of the
  assessment when it decides to reappoint.

11
Academic Review Continuing Appointees

• Post-six-year NSF will undergo an Excellence
  review only once during the 6th year of their NSF
  appointment.
• Must include a review by a committee at the
  department or college/school level
• Participation in the committee by a peer NSF
  with similar expertise is encouraged
• Continuing appointee will under go a merit review
  every three years.
• There is a process applicable to continuing
  appointees for Dismissal based on Academic
  Performance, which may be initiated within a
  merit review cycle or out-of-cycle by the
  department.

12
New Salary Provisions

• New salary minimums for pre-six-year and
  continuing NSFs.
• 1-step salary adjustment at 10th quarter
  reappointment based on longevity. No merit
  program for pre-six-year NSFs.
• At least a 2-step salary increase if merit
  decision is positive for continuing appointees.

13
Layoffs for NSF Appointees

• UC has sole discretion to decide on layoffs or
  reduction in time if the decision is based on
• Lack of work e.g., courses reassigned to senate
  faculty or ASEs
• Budgetary considerations
• Programmatic changes which results in a lack of
  work e.g., if UC decides to enhance the
  graduate program in a particular area, thus
  increasing the use of TAs and reducing the need
  for NSFs.
• Caveat UC must follow a more elaborate process
  and notice requirements for any NSF layoff and
  reduction in time.

14
Layoffs for NSF Appointees

• Each department or equivalent unit is a layoff
  unit
• Seniority is determined within each department.
• UC must first try to meet its reduction in staff
  through
• Attrition
• Retirement
• Non-reappointment of pre-six-year NSF
• Voluntary reductions in NSF staffing within unit
• Layoff is normally done first by
  skills/knowledge, then by seniority, except when
  a Continuing appointee and a less senior NSF are
  teaching the same course
• Bumping Right A continuing appointee, who
  received a layoff notice, may request UC to
  consider the qualifications of any less senior
  NSF(s).

15
Notice Requirement for Layoffs or Reduction in
time, and Reemployment Rights

• Layoff notice period requirement differs
  depending on appointment length/history
• Full separation 12 months for continuing
  appointees 30 to 90 days for pre-six-year
  depending on total length of NSF appointments
• Single course cancellation resulting in reduction
  in time requires at least 30-day notice in
  advance of the 1st scheduled class meeting.
  Otherwise, equivalent pay-in-lieu of notice is
  required.
• Reemployment Rights 3 years for continuing
  appointee and 1 year for pre-six-year lecturers

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Additional Resources

• Non-Senate Instructional Unit (Unit 18) MOU
• http//www.atyourservice.ucop.edu/bargaining_contr
  acts/nsi/
• College/School Deans Office Academic Personnel
  Staff
• Marianne Beckett, Academic Personnel at Ext
  8-3385 email marianne.beckett_at_ucr.edu
• Labor Relations Office Ext. 8-3641