AFT 1493: 2008 Contract
Proposals
Below are AFT Local 1493’s initial contract proposals to the SMCCCD for the
2008 negotiations. Since these are
contract re-openers, only non-economic items may be proposed. The current full contract expires at the end of
2008-09 academic year.
Grievance Procedure
Part-time Employment
Intellectual
Property
Distance Education
ARTICLE
17: GRIEVANCE PROCEDURE
17.3.1
No grievance shall be recognized unless it
shall have been presented at Level I within twenty (20) forty five (45) working days after the
grievant knew or, with reasonable diligence, should have known of the act or
condition and its aggrieving nature that forms the basis of the grievance, and
if not so presented, the grievance will be considered as waived.
17.4.1 The Chancellor/designee may request a conference with the grievant. If either the grievant or the Chancellor/designee requests a conference at Level II, the request shall be granted. In all cases where one party requests a hearing, a Level II meeting will be scheduled within seven working days of the appeal date, unless a later date is mutually agreed to. The grievant, any party in interest, and the Chancellor/designee may request the presence of a representative or representatives at any conference.
17.5.3 The function of the arbitrator shall be:
a) To hold a hearing concerning the grievance, and
b)
To render an advisory award within thirty
(30) days after the close of the hearing.
17.5.5
The Neither the District nor
the
17.5.6 The arbitrator
shall not render any award that conflicts with or alters this Agreement or
external law. It is understood, however, that the arbitrator shall
interpret the Agreement in accordance with acceptable rules of contract
construction.
17.5.9
The decision of the arbitrator shall be final and binding on all
parties.
17.6 LEVEL
IV: Either the grievant or the responding party may appeal the advisory
award of the arbitrator to the Board of Trustees within ten (10) working days
after the receipt of such advisory award.
17.6.1 The Board of Trustees shall render its
decision within twenty (20) working days after receipt of the appeal at this level,
or twenty (20) working days after receipt of the transcript of the arbitration
hearing, whichever comes later. The decision of the Board of Trustees shall be
final and binding on all parties, except that no rights of the grievant to
further legal action shall be abrogated.
ARTICLE 19:
PART-TIME EMPLOYMENT
19.1
SENIORITY
LISTS:
Each Division or similar unit that employs part-time faculty will establish a
seniority list based on the first hourly employment at the specific college.
19.1.1
Regular faculty who are assigned an overload
will be included in the divisional-based hourly seniority list.
19.1.2
Seniority lists shall be updated (with start
dates included) whenever new names are added to the lists. Copies of the lists shall be available to the
AFT and to all part-time faculty who make a request.
19.1.3
If a break in service exceeds three semesters,
then the person’s name is to be removed from the seniority list. It will not constitute a break in service
if a part-time faculty is not given an assignment after requesting it.
19.2
ASSIGNMENT AND
RETENTION: Among the factors considered in
determining retention and assignment are seniority, as described in 19.1,
relative experience/qualifications and program need.
19.2.1
Factors included when giving due consideration to
relative experience/qualifications include, but are not limited to:
·
General teaching experience including other
institutions, not just within the District;
·
Related professional experience other than
teaching;
·
Skills and experience in specialized areas;
·
Level of education/academic preparation; and
·
Previous performance record (satisfactory or
better) and adherence to District Rules and Regulations.
19.2.2 Program need includes, but is not limited to:
·
Employee qualifications to carry out the
assignment;
·
Expertise and/or demonstrated practical
experience in the specific requirements of the assignment;
·
Employee ability to use and expose students to
current information, technology and skills required in the assignment;
·
Employee availability at needed time;
·
Maintenance of an inclusive academic staff.
Assignment to specific courses within a Faculty Service Area may
also require special job-related skills. The appropriate administrator in consultation
with department faculty will determine these assignments and will publicly list such courses in advance.
19.2.3 It is the
responsibility of the
part-time faculty member to provide information to management to
be considered when determining retention and assignment.
19.2.4
When feasible, each College
Division will make reasonable efforts to provide part-time faculty an
assignment of at least the same or similar faculty load as in the previous term
if the part-time faculty member has received two (2) consecutive satisfactory
evaluations or has been given an assignment for
seven (7) six (6) semesters with no negative evaluations.
19.2.5 If a reduction in assignment is required, the
appropriate administrator will discuss the reasons for the reduction with the
part-time faculty. the
reduction will be discussed with the
part-time faculty member. If
requested by the affected part-time faculty member, the appropriate administrator will
provide written confirmation of such reduction including the reason(s) for the
reduction to the part-time faculty member.
If the reason is due to a program need, this need shall be
identified.
19.2.6 If, during any semester, there are more
part-time faculty members than there are available assignments, and if all of
the criteria for determining assignments that are defined in 19.2.1 and 19.2.2
above have been met to the satisfaction of the appropriate dean, then
the remaining available assignments
shall be offered to those part-time faculty members who are most senior
according to the Seniority Lists as described in 19.1, with the most senior
part-timers being offered at least the same faculty load as in the previous
term before a part-time faculty member with less seniority is offered an
assignment.
19.2.7 If
additional classes become available, after all of the criteria for determining
assignments that are defined in 19.2.1, 19.2.2 and 19.2.6 above have been met,
the district will offer classes to the most senior part-time faculty (according
to the Seniority Lists as described in 19.1) until his/her faculty load request
is met. Then the next available classes
will be offered to the next most senior part-time faculty until the requested
load is met, continuing the process until all classes are assigned. If a decision is made to offer the employment
to a junior or new part-time faculty member, the administrator responsible for
the decision shall document (1) his/her decision and (2) the rationale for
deviating from seniority. In any
instance in which seniority is not followed, the documented reason shall be
provided to the faculty member, and AFT, at least fifteen working days prior to
the first day of assignment.
19.2.8 Part-time faculty members will have the
opportunity to communicate in writing with the Dean appropriate
administrator regarding desired changes or modifications to their
assignment prior to schedule development for each instructional period. Part-time faculty members will be notified
of their proposed assignments at least fifteen (15) working days prior to the
beginning of that assignment.
19.2.9 A part-time teaching faculty member whose
assignment is reduced (e.g. class canceled due to financial exigency or low
enrollment) within three two weeks (fifteen ten
working days) prior to the beginning of that assignment may not claim seniority
as a reason to be reassigned in place of a less senior part-time faculty member
provided that the less senior part-time faculty member had already been given
an assignment prior to the three two week period. However,
seniority remains a factor to be considered whenever new, un-staffed
assignments become available. A part-time teacher whose assignment is reduced
under this section will not lose his/her seniority or accumulated sick leave.
19.2.9.1 Part-time faculty can bump less senior part-time
faculty when the cuts are made more than two weeks before the beginning of that
assignment.
19.3 BUYING
INTO KAISER HEALTH PLAN:
Part-time, hourly faculty who meet the basic eligibility requirements,
and who are not otherwise already covered by the District’s health benefit
plan, shall have the right to buy into the District’s Kaiser Foundation Health
Plan.
19.4 BUMPING
BY FULL-TIME EMPLOYEE: Bumping
of an hourly instructor by a full-time instructor shall have no effect on
seniority or accumulated sick leave.
19.5 EVALUATIONS CAN BE SUBMITTED FOR
FULL-TIME OPENING: Results of
evaluations of part-time, hourly faculty may be submitted as part of an
application for a full-time position.
19.6 Office Hours: Part-time faculty will be
compensated for office hours. Payment
for office hours during Fall and Spring semesters
shall be based on one (1) office hour for every three (3) FLCs
taught times 17.5 weeks for all classes that are 17.5 weeks or less and times
the actual class weeks for classes in excess of 17.5 weeks. The formula used by payroll for the monthly
pay will be the hours worked for this course this month divided by the total
contact hours for this course times the FLC for this course divided by three
(3) times (the number of weeks the course meets or seventeen and one half
(17.5), whichever is greater).
Monthly office hours = Hrs worked/(total contact hrs) * (FLC/3) * (the greater of 17.5 or
actual number of weeks the course meets)
For part time faculty
who have been assigned office space, the syllabi should reflect actual
office hour availability to meet with students. For part-timers without
assigned office space, the syllabi should indicate how and when students
can reach them for assistance by providing e-mail and phone contact
information.
Article
18: Summer School
18.4 Office
Hours: The District agrees
to pay all part time faculty teaching summer school paid office hours pro-rated
one and one-half (1.5) office hours per week for every three (3) FLCs (Faculty Load Credit) taught. The formula used by payroll for the monthly
pay will be the hours worked for this course this month divided by the total
contact hours for this course times the FLC for this course divided by two (2)
times the total number of weeks the course meets.
Monthly office hours = Hrs worked/(total contact hrs) * (FLC/2) * (total weeks for the
course)
For part time faculty
who have been assigned office space, the syllabi should reflect actual
office hour availability to meet with students. For part-timers without
assigned office space, the syllabi should indicate how and when students
can reach them for assistance by providing e-mail and phone contact
information.
ARTICLE 23 INTELLECTUAL PROPERTY
A. Purpose. The District and the AFT have a mutual interest in establishing an environment that fosters and encourages the creativity of individual faculty members. In accordance with that mutual goal, the purpose of this Article is to identify the owners of the copyrights to certain works that may be created by faculty members, and to identify the uses that may be made of those works by faculty members and the District.
B. Definitions. As used in this Article:
1. "Works" means any material
that is eligible for copyright protection including (but not limited to) books,
articles, dramatic and musical compositions, poetry, instructional materials
(e.g., syllabi, lectures, student exercises, multimedia programs, and tests),
fictional and non-fictional narratives, analyses (e.g., scientific, logical,
opinion or criticism), works of art and design, photographs, films, video and
audio recordings, computer software, architectural and engineering drawings,
and choreography.
2. "License" means permission to use a work. A "non-exclusive license" is one that gives permission to use a work while that same work may also be used by the party who gave the permission and by others to whom permission is also given.
C. Works covered
1. Types of works whose ownership and use
are covered by this Article. This Article identifies the copyright ownership of
works created by faculty members in connection with the courses they teach, or
other duties they perform as faculty members, while they are employed by the
District and in connection with their employment; and it addresses the use of
those works by faculty members and the District.
2. Types of works not covered by this Article, and consequences of not being covered. This Article does not cover all works created by faculty members, even if those works are in some sense related to their duties. For example, it does not cover works created primarily for purposes that are separate from a faculty member's teaching or other duties as a faculty member, such as: novels, even if written by faculty members who teach literature; business books, even if written by faculty members who teach business; art works, even if created by faculty members who teach art; or music, even if composed by faculty members who teach music.
Also, this Article does not cover works created by faculty members for their own personal use that are not intended to be distributed to others, even if created in connection with their duties, such as a faculty member's personal lecture notes.
The copyrights to works that are not covered by this Article shall not be owned by the District under paragraph D.2.a. below, and the District is not authorized to use such works under paragraph E.1.b. below.
D. Copyright ownership
1. Ownership by faculty members. The
copyrights to works created by faculty members will be owned by them, even if
those works are created in connection with courses they teach,
or other duties they perform as faculty members, while they are employed by the
District and in connection with their employment, unless the work is created
under the circumstances described in paragraph D.2.a. below.
2. Ownership by District. The District will own the copyright to works under the following circumstances:
a. Circumstances relating to substantial
support by the District. The District will own the copyright to any work
created with substantial support from the District. As used in this Article,
"substantial support" means financial support over and above the cost
of the faculty member's normal compensation, office space, office computer,
local telephone use, minimal office supplies and copy services. Substantial
support would include extra compensation or the provision of reassigned time to
create a work, the cost of providing secretarial, technical, legal or creative
services specifically for the creation of a work, as well as the cost or value
of the use of expensive District equipment or facilities (such as professional
film or recording studios).
b. Circumstances relating to the nature of the work. The District will also own the copyright to any work, such as a course outline, administrative policy, or information brochure, that is formally reviewed by the District and becomes part of its curriculum, policies, or administrative or promotional literature.
3. Faculty member's Option to Acquire Copyright. If the District is to be the owner of the copyright to a work because it provided substantial support for its creation, the faculty member who created the work shall have an option to acquire the work's copyright by paying the District an amount of money that shall be agreed upon in writing by the faculty member and the District at the time the District provides (or agrees to provide) that support. To exercise this option, the faculty member shall pay the District the agreed-upon amount; and the District shall immediately assign the work's copyright to the faculty member.
4. Process for documenting District ownership and faculty member's option.
a. If the District is to be the owner of
the copyright to a work, the faculty member and the District should sign an
agreement that contains the following clauses:
"Faculty member and District agree that the work identified below shall be a work made for hire whose copyright shall be owned by the District. If the work is not a 'work made for hire' as a matter of copyright law, then faculty member hereby assigns his or her copyright in the work to the District.
"The work to which this agreement pertains is one that will be created by faculty member with substantial support from the District, or is a work that will be formally reviewed by the District and will become part of its curriculum, policies, or administrative or promotional literature. The work is titled or described as follows: ________________"
b. If such an agreement has not been signed, the absence of a signed agreement means the faculty member is the copyright owner rather than the District, unless the District proves in arbitration (as provided in paragraph H below) that it did provide substantial support for the work or that the work became part of its curriculum, policies, or administrative or promotional literature.
c. If the District is to be the owner of the copyright to a work because it contributed substantial support, the agreement signed by the faculty member and District also should contain the following clause:
"To exercise his or her option to acquire the copyright to the work identified above, the faculty member shall pay the District the sum of $____________."
d. The amount to be paid by the faculty member to exercise his or her option to acquire a work's copyright may be adjusted from time to time, if for example the amount of the District's support increases (or decreases), but only if the faculty member and District both sign a new clause containing the agreed-upon adjusted amount.
E. Permitted uses
1. Use of work when copyright is owned by
faculty member
a. Uses by faculty member. The District
acknowledges that faculty members may use works whose copyrights they own in
any and all ways they may wish, including, for example, authorizing the
for-profit publication of such works in return for royalties paid solely to
faculty members, subject only to the District's non-exclusive license to use
those works (set forth in paragraph E.1.b. below), without any further
authorization from the District.
b. Uses by District and College. The District shall have, after obtaining the written consent of the faculty member who owns the work's copyright, a non-exclusive license to use works whose copyrights are owned by faculty members in the following ways: (1) to reproduce such works (for example, by photocopying them, by duplicating computer disks on which they have been saved, or by installing them on computer networks); (2) to distribute such works (for example, to students in classes); (3) to perform such works (for example, in classroom teaching, by webcasting, or by broadcasting); (4) to display such works (for example, over the web); and (5) to create derivative works (for example, companion materials or updated versions).
The District and its Colleges may do these things themselves, but neither the District nor its Colleges may authorize others to do them, unless the District first obtains the written consent of the faculty member who owns the work's copyright.
2. Use of work when copyright is owned by District
a. Uses by District. Faculty members acknowledge
that the District may use works whose copyrights the District owns in any and
all ways it may wish, including, for example, authorizing the for-profit
publication of such works in return for royalties paid solely to the District,
subject only to the non-exclusive license of the faculty member who created the
work to use it (in the manner set forth in paragraph E.2.b. below), without any
further authorization from the faculty members who created those works.
b. Uses by faculty member. Faculty members shall have a non-exclusive license to use works they created, whose copyrights are owned by the District, in the following ways: (1) to reproduce such works (for example, by photocopying them, by duplicating computer disks on which they have been saved, or by installing them on computer networks); (2) to distribute such works (for example, to students in classes); (3) to perform such works (for example, in classroom teaching, by webcasting, or by broadcasting); (4) to display such works (for example, over the web); and (5) to create derivative works (for example, companion materials or updated versions).
Faculty members may do these things themselves, but may not authorize them to be done by others, unless they first obtain the written consent of the District.
3. Use of names of faculty members, District and Colleges
a. District's and College's use of
faculty member's name. The District agrees that when it uses a work created by
a faculty member (regardless of who owns the work's copyright), the District
will identify the faculty member who created the work, for as long as the work
continues to be used by the District.
If for any reason the District does not wish to identify the faculty member, the District may ask the faculty member for authorization not to do so; and the faculty member has the option but not the obligation to release the District from this obligation.
If for any reason the faculty member does not wish his or her name to be used in this manner, the faculty member has the right to require the District not to identify him or her; and in such a case, the District agrees not to do so, or to stop doing so as soon as reasonably possible.
If the District fails to identify a faculty member under circumstances when it should have, or identifies a faculty member under circumstances when it should not have, the faculty member shall be entitled only to a reasonable remedy that takes into account the seriousness of the violation, and will not automatically be entitled in all cases to a remedy that requires the District to recall and destroy all existing copies of works that fail to include or omit the faculty member's identification.
b. Faculty member's use of name of District or College. Faculty members agree that when they use works they have created (regardless of who owns the works' copyrights), those works will identify their creators' relationships with the District or College, for as long as they continue to be employed by the District. (For example, if a faculty member creates an online course that identifies the faculty member as its author, the faculty member's name shall be followed by the name of the College at which the faculty member teaches.)
If for any reason a faculty member does not wish to identify his or her relationship with the District or College, the faculty member may ask the District for authorization not to do so; and the District has the option but not the obligation to release the faculty member from this obligation.
If for any reason the District does not wish its name or the College's name to be used in this manner, the District has the right to require the faculty member not to identify his or her relationship with the District; and in such a case, the faculty member agrees not to do so, or to stop doing so as soon as reasonably possible.
If the faculty member fails to identify the District or College under circumstances when he or she should have, or identifies the District or College under circumstances when he or she should not have, the District shall be entitled only to a reasonable remedy that takes into account the seriousness of the violation, and will not automatically be entitled in all cases to a remedy that requires the faculty member to recall and destroy all existing copies of works that fail to include or omit the District's or College's identification.
F. Responsibilities
1. Registration of copyright. It shall be
the responsibility of the party who owns the copyright to each work to register
that copyright with the United States Copyright Office.
2. Acquiring and paying for necessary rights from third parties. If the creation or use of a work requires rights to be acquired from third parties, such rights shall be acquired and paid for by the party (i.e., the faculty member or the District) who owns the copyright to that work. Faculty members acknowledge that in some cases, the cost of acquiring necessary rights from third parties, if paid by the District, may itself constitute "substantial support" from the District, so the District would become the owner of the copyright to such works simply because it paid to acquire those rights.
3. Determining and documenting copyright ownership when two or more faculty members create and own the copyright to a work. If a work whose copyright would be owned by a faculty member (rather than by the District) is created by two or more faculty members, it is the responsibility of those faculty members to determine the manner in which they share ownership of the copyright to that work, and it is their responsibility to prepare (or have prepared at their own expense) a written agreement between them documenting their determination. No grievance against the District may be asserted by faculty members arising out of any consequences of their failure to make or document an agreement concerning the manner in which they share ownership of the copyright to such a work.
G. Authorization of individual agreements the terms of which differ from those described above. Faculty members and the District may, if they wish, enter into individual agreements with one another concerning copyright ownership and usage rights to specific works, the terms of which differ from those set forth above. The terms of any such individual agreement will supercede the terms of this Article, once such an agreement is signed by the faculty member and an authorized representative of the District. Any such agreement will be provided to the AFT.
H. Dispute resolution. Disputes between faculty members and the District
concerning this Article shall be resolved pursuant to the grievance procedures
contained in Article 17, except that an arbitrator who is expert in copyright
law shall be chosen by the parties, or, if the parties are unable to agree on
an arbitrator, chosen in accordance with the commercial arbitration rules of
the American Arbitration Association.
ARTICLE
__. DISTANCE EDUCATION
Definition
The
term "Distance Education" (or DE) shall refer to any instruction
transmitted and/or delivered to a student(s) at a remote location including,
but not limited to, online courses, telecourses,
interactive video transmission, and/or any combination of these multimedia
delivery systems. These systems may be synchronous or asynchronous.
Non-supplanting.
Expanding
student access, not increasing productivity or enrollment, shall be the primary
determining factor when a decision is made to schedule a distance education
course. There will be no reduction in force of faculty as a result of the
District's participation in distance education.
The parties agree that the use of such technology shall NOT be used to
reduce, eliminate or consolidate faculty positions within the District.
Distance Learning Committee
A
standing Joint Committee on Distance Learning & Instructional Technology
made up of equal representatives from administration, Academic Senate and AFT
will be created to study and make recommendations regarding any issue concerning or related to information
technology and technological change in the College/District where there may be
an impact on the terms and conditions of employment of members of the
bargaining unit. The Committee shall consider issues of technological change
and in that context the future well being of the SMCCD and its students and the
members of the bargaining unit. This committee shall meet
regularly throughout the year. Either party may call a meeting with at least
ten (10) days notice.
In
keeping with this mandate, the committee shall consider and make
recommendations to the parties on issues including the following:
A. policies and procedures relating to distance education in the
District
B.
College/District computing/information technology goals and long range planning
policies and their relationship to and impact on terms and conditions of
employment, enrollment trends and new academic program development, and the
security of current employees,
C. how support services and training opportunities for faculty
can be developed and enhanced,
D. how communications respecting such matters as changes in
available technology, support services and training opportunities can be
improved,
E. issues respecting pre-packaged courses and distance learning
courses; their development and delivery and issues respecting the purchasing
such work.
F.
policies respecting security and surveillance of electronic work activities
such as e-mail and Internet access usage, etc.
Training and Support
The
District shall provide training, logistical, instructional, and technical
support to faculty with distance education assignments. Faculty attending distance education training
approved by the administration will be paid at the special rate for the time
spent at the training.
Workload
The
following considerations apply to all distance learning classes:
·
No faculty member shall be assigned to teach a distance learning
course that involves learning new technologies without the opportunity to be
trained in those technologies.
·
No faculty member shall be assigned to teach a distance learning
course using new technologies without adequate prior opportunity to prepare
materials required to use those technologies.
·
Faculty members assigned to teach a distance
learning course will receive appropriate clerical, logistical, instructional,
and technical support.
·
If a faculty member is assigned to teach a
course that cross-listed in both distance learning and face-to-face format, the
faculty member will be compensated for teaching the two classes, i.e.
cross-listed classes taught in distance and face-to-face formats will be compensated
for teaching two classes and will not be counted as just one class.
Course Preparation and Maintenance
A
faculty member assigned to teach a distance learning course for the first time,
which requires substantial time and effort to learn new technologies and/or
develop or adapt new materials, will be awarded, during the semester preceding
the semester that the course will be taught, released time units or overload
compensation equal to the units of the course to be taught. If the course is cancelled due to low
enrollment, the faculty member will still be compensated for developing and
preparing for the course.
When
a distance learning course requires significant revision or upgrading, as
agreed to by both a dean and the course instructor, the instructor will be
compensated at the special rate for the work required to revise the
course. The number of hours required to
revise the course will be mutually agreed upon by the dean and the instructor
before the work is begun.
Enrollment
Distance
education courses shall have a maximum enrollment of twenty-six (26) students.
Assignment
Assignment to teach a
distance education course shall be based on the faculty member’s request and
seniority. No faculty member shall be required to teach a distance education
class.
A faculty
member who has developed a distance education course
will be given priority to teach the distance education section
of the course. If more than one faculty
member has developed a particular course in a distance education format,
then the instructor for the distance education
section(s) will be determined by seniority.
Office
hours
Faculty members engaged in teaching a course or courses in an online
format during a given semester have the option to schedule “virtual” office
hours during that semester that would count toward their total office hour
obligation. The proportion of a faculty
member's total hours that are scheduled as “virtual” office hours may be equal
to the proportion of that faculty member's total units taught that are online
courses. A “virtual” office hour in this
context means an hour in which the faculty member is available for synchronous
conferences or message exchange with students online. Such “virtual” office hours must be scheduled
and noted in the faculty online syllabus.
Faculty Evaluation
Evaluation of
instruction in a Distance Education course shall be in accordance with
instructional evaluation provisions agreed to by the AFT, Academic Senate and
administration. These provisions shall
be developed through the joint Trust Committee made up of equal AFT, Academic
Senate and administration representatives.
Last updated: 4-3-08