TABLE OF CONTENTS
ARTICLE I RECOGNITION .2
ARTICLE II- DEFINITIONS
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ARTICLE III- RIGHTS OF BARGAINING UNIT MEMBERS .. ..3
ARTICLE IV- FEDERATION RIGHTS .7
ARTICLE V- BOARD RIGHTS . 8
ARTICLE VI- GRIEVANCE PROCEDURE ...8
ARTICLE VII- DUES AND AGENCY FEE 10
ARTICLE VIII- TIMELY NOTIFICATION .10
ARTICLE IX - DISTANCE
EDUCATION
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ARTICLE X- COMPENSATION .. .12
ARTICLE XI- BENEFITS . 15
ARTICLE XII- INFORMATION EXCHANGE 16
ARTICLE XIII- SEPARABILITY . 16
ARTICLE XIV DURATION
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A. UNIT
DEFINITION
The College hereby recognizes the Federation as the exclusive bargaining agent for collective negotiations and representation concerning the terms and conditions of employment for all adjunct faculty members employed by the College who have accepted teaching assignments for credit courses at the College in the current academic year and who also taught at the college at least one credit course either during the current or previous academic year. Summer courses and Winter session courses are not considered when applying the definition.
1. The
following employees are specifically excluded from this bargaining unit:
2. When adjunct faculty members are not actively employed at the College in a teaching capacity they shall not receive any benefits under this agreement.
Bargaining Unit as used hereafter means all adjunct teaching faculty members represented by the Federation, as defined in the Recognition Article.
Bargaining Unit Members as used hereafter means all persons who are employed by the College as adjunct teaching faculty members and who are also eligible for membership in this bargaining unit as defined in this contract.
College
as used hereafter means
Federation as used hereafter means the Union County College Adjunct Faculty Federation Local 6227, New Jersey State Federation of Teachers, American Federation of Teachers, AFL-CIO.
Grievant as used hereafter refers to the bargaining unit member(s) or the Federation making the claim on behalf of the bargaining unit member(s) or the Federation on behalf of itself.
Distance Education as used hereafter refers to those courses in which communication is solely online between faculty and students.
Semester as used hereafter means the Fall and Spring semesters of the academic year.
A. 1. Pursuant to Chapter 303, Public Laws 1968, amended by Chapter 123, Public Laws
1974, the College hereby agrees that adjunct faculty members shall have the right freely to organize, join, and support the Federation and its negotiations and other legal concerted activities. The College undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce adjunct faculty members in the enjoyments of any rights conferred by the New Jersey Employer-Employee Relations Act; that it shall not discriminate against adjunct faculty members with respect to hours, wages, or any term or condition of employment by reason of the adjunct faculty members membership in the Federation and its affiliates, collective negotiations with the College, or institution of any grievance, complaint, or proceeding under this agreement with respect to any terms or conditions of employment.
4. The parties agree to the following provisions relating to academic freedom:
A. An employee covered by this agreement is an individual, a member of a profession, and a member of an educational community. When he/she speaks, acts or writes as an individual or a professional, he/she should be free from institutional censorship or discipline. As a member of an educational community, he/she should remember that the public might judge his/her profession and his/her institution by his/her acts and utterances. Hence, he/she should at all times make every attempt to be accurate and not promote his/her personal belief or opinion, should show respect for the opinions of others, and should make every effort to indicate that he/she is not a College spokesperson.
B. Adjunct faculty members are free to pursue research and publication outside of the classroom where these activities do not interfere with their responsibilities, and at no cost to the college.
C. Adjunct faculty members are free in the classroom to discuss controversial issues relating to their subject but should be careful not to introduce controversial matter that has no relation to the subject.
1. Bargaining unit members shall not be required to work in unsafe or hazardous conditions, nor to perform tasks that endanger their health or safety.
2. References to safety are intended to include a concept of reasonable personal security and protection that shall be maintained to assure employees against physical harm.
3. The Director of Public Safety is the designated safety officer of the College. If a bargaining unit member observes what seems to be an unsafe condition, it should be reported in writing to the Director of Public Safety. If the condition is an imminent threat to the safety of persons or assets, it should be reported immediately to any Public Safety Officer/ Security Officer.
1. Notice of all full-time faculty or administrative position vacancies shall be posted near the faculty mailboxes as soon as the position becomes available.
2. Bargaining unit members will be given consideration for full-time positions for
which they apply and meet or exceed posted minimum qualifications.
1. Where permitted by the department, textbooks and other teaching materials may be selected by adjunct faculty members consistent with the resources, objectives, and procedures of the department and the academic program of the College. The respective department chair, or his/her designee, must first approve all choices.
1. The parties agree that classroom observations and evaluations conducted by appropriate supervisors, peers, and students are beneficial to adjunct bargaining unit members, students, and the College.
2. Notice of intent to observe a class shall be given to all bargaining unit members at least seven (7) days before the scheduled observation. The College retains the right to conduct an observation without notice when it has reasonable cause to do so.
3. Adjunct bargaining unit members shall have the opportunity to discuss the classroom observation with the observer.
4. In the event a written report is prepared, the bargaining unit member shall have the opportunity to read and sign the report before it is placed in the personnel file. Signing the report indicates they have read it, not necessarily that they agree. If the bargaining unit member refuses to sign the report, it will be duly noted and placed in the personnel file.
5. Bargaining unit members may append comments to the written document.
6. Student evaluations shall be limited to the same format as used for full-time faculty and the instructor will receive a copy of the results of the evaluations.
1. There shall be one personnel file for each bargaining unit member, which shall either be located in the Human Resources Department or the respective academic department.
2. No evaluation material shall be placed in the personnel file unless the bargaining unit member has received a copy and signed the original. Signing the material only signifies that the bargaining unit member has received a copy, not that he/she approves of the contents. If a bargaining unit member refuses to sign the evaluation material it will be duly noted and placed in the personnel file.
3. The bargaining unit member shall have the right to answer in writing any material in their personnel file, and this answer shall be attached to the material and become a permanent part of the file.
4. Bargaining unit members may request the inclusion in their personnel files of material relative to their employment at the College, which would otherwise not be included in the formal evaluation process.
5. No anonymous material shall be placed in the personnel file.
6. Bargaining unit members shall be permitted to review their personnel file with three- (3) business days notice to the appropriate administrator, and they shall be furnished with a single copy of each requested item in the file at no cost to the member. Or the bargaining unit members may authorize a Federation representative to examine their personnel file on his/her behalf and the Federation representative shall be furnished with a single copy of each requested item in the personnel file at no cost. Such authorization shall be in writing. Additional copies will be provided by the College at the current library rate.
1. Bargaining unit members may teach a maximum of fourteen (14) credits in any given semester. If a bargaining unit member teaches fifteen (15) or more credits in any given semester he will be compensated as a full time faculty member, for that semester. Health and dental benefits will be available for unit members who are hired full time in the Fall semester. There will be no health and dental benefits available for unit members hired full time starting in the Spring semester. For the purpose of this article summer sessions and winter sessions are not considered part of the teaching load in calculating maximum credits allowed. If a unit member accepts additional credits based on an emergency situation, he/she will be paid at the overload rate established in the full time faculty agreement with the College for the credits in excess of fourteen (14) credits. Bargaining unit members shall be able to teach as many credits in summer and winter sessions as their department chair deems appropriate without affecting their teaching load.
2.
All courses taught by bargaining unit members for the
Continuing Ed Department, the
1. The College shall prepare an Adjunct Faculty Handbook, which shall include all rules and regulations put forth by the College regarding teaching methods and responsibilities of adjunct faulty. Prior to printing a copy will be sent to the Federation for review and comment. The College shall be responsible for printing and distributing the Adjunct Faculty Handbook. This handbook will include instructions on how to obtain all necessary permits, keys, and access cards that the adjunct may require.
2. All members of the bargaining unit shall have the same ability to create their own Faculty Web Page as the full-time faculty is afforded.
1. The Adjunct Institute will continue to offer workshops for adjuncts with remuneration as follows: Adjuncts may take a course more than once, but will only be paid once per course with a maximum of three paid courses per semester.
2. Level 1 Workshop- Orientation: These are required courses that must be completed for an adjunct to advance to higher-level workshops. All adjuncts are required to take these workshops. Three of these workshops must be completed before advancing to Level 2 Workshops. This requirement is waived for those adjuncts with five or more years of teaching experience at the College. No remuneration
3. Level 2 Workshop- Basic and Advanced Knowledge, Teaching Techniques and Technology Expertise. Stipend of $40.00 per course
4. Level 3 Workshop- Enhancement No remuneration
5. The director of the Adjunct Institute shall consult with the Federation president prior to scheduling workshops.
1. Each member of the bargaining unit shall receive a UCC parking sticker free after ten (10) consecutive semesters at the College and have access to a convenient parking space without charge.
2. The College shall maintain the office space and office equipment currently in use by adjuncts on all three campuses for the term of this contract.
3. Every bargaining unit member shall have an email account and access to the Internet.
4. Each member of the adjunct faculty shall be offered computer training whenever such classes are made available to other employees, when space is available.
5. Adjunct faculty shall have access to copiers, supplies and secretarial services.
6. Each adjunct faculty member shall have a mailbox in the Faculty Lounge that shall be accessible at all times.
7. All adjunct faculty members shall be given access to the Library.
8. All members of the bargaining unit shall have access to Computer Labs and Multimedia Resources.
9. The
College shall not abrogate the lawful rights of employees as to opening of
their
10. Whenever possible adjunct faculty shall be listed in the course schedules.
A. The Federation may use College building facilities for meetings provided that such use shall not interfere with nor interrupt normal College operation and subject to agreement by the administration as to the reasonableness of time and location selected. Such agreement shall not be unreasonably withheld.
B. Duly authorized representatives of the Federation shall be permitted to transact official Federation business on College property provided that this shall not interfere with nor interrupt normal College operations and subject to agreement by the administration as to the frequency and reasonableness of time selected. Such agreement shall not be unreasonably withheld.
C. The College will provide reasonable bulletin board space for posting of official Federation notices or other information of a non-controversial nature. Every notice so posted shall bear the name of the official Federation representative responsible for it and a removal date. The College retains the right to remove derogatory materials. The Federation may make reasonable use of adjunct faculty mailboxes and the College mailing services, exclusive of the postage meter.
D. The College and the Federation agree to furnish to each other such existing and unprivileged documents as may be reasonably required and requested to process any grievance under this Agreement or to negotiate a collective bargaining agreement.
E. The College shall provide a mailbox in the Faculty Lounge for the specific purpose of receipt of mail by the Federation.
of the Board, the adoption of
policies, rules, regulations, and practices in the furtherance thereof, and the
use of judgment and discretion in connection therewith, shall be limited by the
terms of this Agreement, and then only to the extent such terms are in
conformance with the Constitution and Laws of New Jersey and of the
Board or its agents to deal with governmental agencies, and professional organizations, provided however, that this dealing shall not repeal, rescind, or be otherwise inconsistent with the terms and conditions of this Agreement.
A. A grievance is a claim by a bargaining unit member, a group of members of the bargaining unit or the Federation that there has been a violation, misinterpretation or improper application of the terms and conditions of employment established in this Agreement.
B. In the event a bargaining unit member, a group of bargaining units members, or the Federation believes there is a basis for a grievance, the party or parties involved shall first discuss the grievance informally with the Department Chairperson or their designee.
C. If, as a result of the informal discussion, the grievance is unresolved, the Federation may invoke the formal grievance procedure on the form provided by the Federation and signed by the Federation and the grievant(s).
Step One:
The grievant or the Federation shall file a grievance within 30 calendar days after the grievance was found to exist or should have been found to exist. The grievance shall be filed, in writing, with the Department Chairperson and shall state the reasons for the grievance along with the remedy sought. The grievant and the Federation shall sign said grievance. The Department Chairperson shall respond to the grievance within 15 calendar days. No response automatically moves the grievance to the next step.
Step Two:
If the Federation is not satisfied with the disposition of the grievance at Step One, or if no disposition has been made within the time limits, the grievance may be filed with the Vice President for Academic Affairs with a copy to the Director of Human Resources. The Vice President for Academic Affairs shall respond to the grievance within 15 calendar days. No response automatically moves the grievance to the next step.
Step Three:
If the Federation is not satisfied with the disposition of the grievance by the Vice President for Academic Affairs or if no disposition has been made within the time limits, the Federation may appeal the decision to arbitration if and only if the grievance alleges that there has been a violation, misinterpretation or improper application of the written terms of this Agreement. Reemployment rights and course assignments are not grieveable or arbitrable.
D. The only issues involving discipline which may be submitted to arbitration are those in which a bargaining unit member has been suspended or terminated during a semester in which the bargaining unit member has been actively employed. In any grievance arbitration proceeding regarding termination or suspension, the arbitrator shall be limited to an award of the salary the adjunct faculty member would have received in the semester but for the termination or suspension. The arbitrator shall have no authority to award reinstatement or any other relief.
E. Such appeal shall be in writing and shall be mailed by the Federation to the Public Employment Relations Commission and the Vice President for Academic Affairs within 15 days. If not, the grievance shall be deemed abandoned and terminated.
F. The parties shall obtain a list of arbitrators from the Public Employment Relations Commission, and if the parties cannot agree on an arbitrator from said list within 10 days, the parties shall be bound by the rules of the Public Employment Relations Commission in the selection of an arbitrator. The arbitrator so selected shall confer with the representatives of the College and the Federation and hold hearings promptly and shall issue a decision no later than 30 days from the date of the close of the hearings. The Arbitrator shall have no power to alter, modify, add to or subtract from the provisions of this agreement. His authority shall be limited to deciding disposition of a violation of the express written terms of the contract. The arbitrators decision shall be borne equally by the College and the Federation.
G. The number of days indicated at each level shall be considered as maximum and every effort shall be made to expedite the process. However, time limits may be extended by mutual consent.
H. The College agrees to furnish any documents that may be reasonably or lawfully required to process grievances in accordance with this Article.
I. No reprisals of any kind shall be taken against any unit member for participating in any grievance.
J. A grievance may be withdrawn at any level.
B. The College will deduct from the pay of each actively employed member of the bargaining unit from whom it has received written authorization to do so the required amount of dues.
C. The monies and a list of employees from whose pay have been deducted shall be forwarded to the Federation Treasurer no later than five (5) working days after the end of the month in which the deduction has been made.
D. The Federation represents to the College that it has established a demand and return system and that it is in compliance with the requirements set forth in Sections 2 and 3 of Chapter 477 Laws of 1979.
E. Bargaining unit members who do not choose to join the Federation shall have a representation fee of eighty five percent (85%) of the Federation dues deducted from their pay and forwarded to the Federation Treasurer no later than ten (10) working days after the deduction has been made.
F. The Federation agrees to indemnify the College and save it harmless from any and all demands, suits, or other forms of liability that may cause out of, or by reason of, any action taken by the College for the purpose of compliance with any provision of this article.
G. Dues
shall be deducted on all credit courses taught by a bargaining unit member,
including courses in the
A. Nothing in the provisions of this Article shall supercede or interface with the implementation and enactment of any and all negotiated agreements with the full-time faculty pertaining to class assignments.
B. Whenever possible, the College will make an offer of employments to adjunct faculty members in the semester prior to the semester to which the offer applies. Whenever possible, offer of employment for summer session will be made to adjunct faculty members by April 30th.
C. Whenever possible, the College will provide individual employment assignments, which specify the assigned course, meeting dates and location, duration of the course, number of credits and rate of pay. Whenever possible, said assignments shall be issued at least two (2) weeks before the start of the semester.
D. If a course, which has been offered and accepted by an adjunct faculty member is cancelled for any reason, including insufficient registration, the College will make every effort to notify the adjunct within two (2) business days of the cancellation. If a bargaining unit member has taught any portion of the course before it is officially cancelled, he/she will receive pro rata payment based on the amount of time taught and the members rate of pay.
E. Salary payment will not be issued to any adjunct faculty member who has not submitted transcripts, certifications, and any other documents pertinent to their employment. All bargaining unit members as herein defined shall also be required to complete necessary documents for enrollment into the Public Employees Retirement System.
A. ASSIGNMENT
In order to be eligible to teach a distance education course, an adjunct faculty member must be qualified by attending the learning management system training program offered by the College Distance Education Department. Assignments to teach distance education courses shall be strictly voluntary on the part of the adjunct faculty member. Application to teach distance education courses shall not be denied to any qualified adjunct faculty member.
Creation of distance education courses or conversion of existing courses to distance education courses shall follow the same process of approval as that for any traditional classroom course. The application to develop a distance education course must be submitted for an initial approval from the department chairperson and the Vice President of Academic Affairs before work begins.
C. COMPENSATION
FOR DEVELOPMENT OR CONVERSION OF DISTANCE
EDUCATION COURSES
1. Bargaining
unit members shall receive a payment equal to the number of credits or equivalent contact hours in the course for development of a course.
2. Bargaining unit members accepting assignments to teach distance education, who have not previously taught distance education, shall receive training and develop the necessary skills according to College policy for full-time faculty. The bargaining unit member shall receive payment of one and a half (1 ½) credits for this training.
3. Compensation for development shall be paid at the end of the semester the course is developed.
4. Any bargaining unit member who agrees to develop a distance education course must agree to teach the course for at least 3 consecutive semesters.
1. Bargaining unit members shall be compensated for distance education courses at the same rate of pay as they are compensated for teaching the course on campus.
2. Bargaining unit members teaching an additional distance education course he/she has not taught before shall receive an additional one and a half (1 ½) credit compensation.
3. If
the total enrollment of an distance education course exceeds normal teaching load limits as set forth by
the College for non-lecture, online classes (presently 21),
the bargaining unit member shall be paid at the same rate per student in each
section taught over the normal class teaching load limits as set forth in the
full-time contract.
4. In the event an existing distance education course is to be revised, the bargaining unit member shall receive between one and three credits (1-3) at the discretion of the Academic Vice President.
1. The faculty member who develops and teaches an online course retains the intellectual property rights to the course and materials (lessons, assignments, exams, etc.) developed as part of the course. No faculty member, other than the developer, shall use the intellectual property rights (lessons, assignments, exams, etc.) of the distance education course or any part of it without the written permission of the developer. After three semesters the College owns the course excluding the intellectual property rights.
2. In the event that a bargaining unit member develops, but does not teach, an online course the college shall retain the property rights.
1. The College is responsible to provide all necessary materials and supplies needed for adjunct faculty to carry out teaching assignments.
ARTICLE
X COMPENSATION
A.
On September 1, 2007 the salary structure shown in
Paragraph E shall become effective and all unit members shall be classified in
accordance with the level of education attained and the years of service to
1. It is the responsibility of the unit members to produce sufficient documentation, such as official transcripts, to the Human Resources Office in order to be classified.
2. The deadline for receipt of documentation shall be at the end of the second week of classes for the semester of initial hire or when a new classification has been requested.
3. If insufficient documentation or no documentation is submitted, the unit member shall be classified at Level A.
B. Increments previously accrued due to attendance at the UCC Adjunct Institute shall continue to be paid to unit members who have earned them for the duration of this Agreement, but no additional credits to base can be accrued. The increments will be added to the stated rates in the respective salary level in paragraph E.
C. In each year of the contract unit members shall be eligible to receive the annual increases indicated in Paragraph E.
LEVEL A- BA with less than 6 years service at the College
LEVEL B- CPA/MA/MS/2 BAs with less than 6 years
BA with 6-11 years
LEVEL C- CPA/MA/MS with 6-11 years
2 BAs with 6 years or more
BA with more than 11 years
2 Masters with less than 6 years
LEVEL D- CPA/MA/MS with more than11 years but less than 16 years
PhD/EdD/JD with less than 6 years
2 Masters with 6-11 years
LEVEL E- CPA/MA/MS with more than16 years
PhD/EdD/JD with 6-11 years
2 Masters with more than 11 years
LEVEL F- PhD/EdD/JD with 11 years or more
Bargaining unit members shall be paid as follows per credit hour:
SALARY PER
CREDIT
B 522.00 540.00 560.00
C 578.00 603.00 625.00
D 624.00 651.00 675.00
E 635.00 663.00 685.00
F 646.00 674.00 695.00
1. All Bargaining unit members must have submitted the required documents to the Human Resources office prior to the start of the semester in order to be paid. Once the required documents have been submitted, bargaining unit members shall be paid in the following manner:
2. Fall Semester:
Bargaining unit members shall receive their first paycheck by September 30th and thereafter they shall be paid on the 15th and the end of each month, until the end of the semester. If a bargaining unit member begins teaching a class after the start of the semester, they will receive their first check by the pay date following the end of the 4th week following the day of their first class. In order for a bargaining unit member to receive the last check of the semester, all end of semester paperwork including final grades, must be submitted.
3. Spring Semester:
Bargaining unit members shall receive their first paycheck by February 15th and thereafter they shall be paid on the 15th and the end of each month, until the end of the semester. If a bargaining unit member begins teaching a class after the start of the semester, they will receive their first check by the pay date following the end of the 4th week following the day of their first class. In order for a bargaining unit member to receive the last check of the semester, all end of semester paperwork including final grades, must be submitted.
4. During Summer and Winter Session, bargaining unit members shall be paid in full upon completion of the course and after final grades have been submitted.
5. Paychecks shall either be mailed to the
bargaining unit members homes or be available for pick up in the Payroll
Office.
1. Members of the bargaining unit shall be paid at the same rate as full timers per student in each section taught over the normal class teaching load limits as set forth in the full-time contract. The calculation for the normal enrollment per class shall be determined in the same manner as for the full-time faculty.
A. HEALTH
BENEFITS
The College agrees to provide health benefits to bargaining unit members in accordance with Chapter 172, P.L. 2003. The cost of said health benefit premiums shall be borne by the bargaining unit member.
1. Bargaining unit members shall be granted free tuition entrance to any non-credit class.
a. Bargaining unit members are only eligible during the semester that they are employed by the College.
b. Bargaining unit members may take courses on a space available basis, provided that the course is open to employee enrollment.
c. Bargaining unit members may receive tuition waiver for any semester or session for no more than two courses.
A. The Federation agrees to furnish to a designee named by the College a complete list of all officers of the Federation including titles, addresses and designation of responsibilities and to keep such list current.
B. The College agrees to furnish to the Federation a register of bargaining unit members who are teaching that semester. The College shall make every effort to make a preliminary register by the end of the fourth week of each semester and shall provide a final register at the end of the eighth week of each semester. The register shall be provided both in written form and either by email or on a computer disk. The computerized information shall be provided in the form of an Access file or an Excel file with the following fields:
1. Last name
2. First name.
3. Street address
4. City
5. State
6. Zip
7. Number of credits taught
8. Department(s)
This agreement shall be in effect for the period commencing September 1, 2007 through August 31, 2010 and shall remain in full force and effect until a successor agreement has been reached.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals at
Local 6227, AFT, AFL-CIO
_______________________________ ____________________
_______________________________ ____________________
_______________________________ ____________________
_______________________________ _____________________
_______________________________ _____________________
A. It is recognized by the parties that Project Inside has been and continues to be a special contract program funded by the State.
B. The current rate for adjunct faculty members who teach in the program is budgeted at $625 per credit hour, regardless of the rate for which the adjunct faculty member would otherwise qualify.
C. The rate of $625 per credit hour will remain fixed for the term of this contract, unless otherwise adjusted by the State funding.
D. Article X, Paragraph B applies to adjuncts teaching Project Inside.
SIDE LETTER OF
AGREEMENT # 2
A. The College acknowledges that the course CRJ103 requires extra work in lab preparation. The College will provide extra compensation or will relieve the instructor of the extra duties.
SIDE LETTER OF
AGREEMENT # 3
teaching load covered under this contract.