Collective Bargaining Agreement

 

between

 

The Board of Trustees

of

The California State University

 

and

 

The California Faculty Association

 

 

Unit 3 - Faculty

 

 

May 14, 2002 - June 30, 2004

 

 

 

 

CALIFORNIA FACULTY ASSOCIATION

www.calfac.org   l cfa@calfac.org

 

5933 W. Century Blvd., Los Angeles, CA 90045, (310)641-4430

400 Capitol Mall, Suite 1950, Sacramento, CA 95814, (916) 441-4848

 


TABLE OF CONTENTS

page

 

6                                                   PREAMBLE 

 

7                                                   ARTICLE 1       RECOGNITION

 

8                                                   ARTICLE 2       DEFINITIONS

 

11                                                 ARTICLE 3       EFFECT OF AGREEMENT

 

11                                                 ARTICLE 4       SAVINGS CLAUSE

 

12                                                 ARTICLE 5       MANAGEMENT RIGHTS

 

12                                                 ARTICLE 6       CFA’S RIGHTS

Release Time for Negotiations

 

15                                                 ARTICLE 7       CFA SECURITY

 

16                                                 ARTICLE 8       FACULTY PARTICIPATION

 

16                                                 ARTICLE 9       CONCERTED ACTIVITIES

 

17                                                 ARTICLE 10    GRIEVANCE PROCEDURES 

Definitions

Grievance Forms

Contract Interpretation Grievance Procedure

Level II  System Level Review

Arbitration

Faculty Status Dispute Procedure

Peer Review

Mediation

General Provisions

Grievance Administration

 

29                                                 ARTICLE 11    PERSONNEL FILES

 

32                                                 ARTICLE 12    APPOINTMENT

Temporary Appointments 

Three-Year Appointments

Temporary Faculty Range Elevation

Probationary Appointments 

Appointment at Another Campus

Vacancy Announcements

Preference for Available Temporary Work

Dedicated Lecturer Pay-Raise Funding

 

37                                                 ARTICLE 13    PROBATION AND TENURE

Probationary Period

Tenure

 

40                                                 ARTICLE 14    PROMOTION


page

 

41                                                 ARTICLE 15    EVALUATION

General Provisions

Process for Student Evaluations of Teaching

Periodic Evaluation 

Periodic Evaluation of Temporary Faculty Unit Employees

Periodic Evaluation of Probationary Faculty Unit Employees

Periodic Evaluation of Tenured Faculty Unit Employees

Performance Review 

Recommendation Process for Performance Review 

General Provisions

 

48                                                 ARTICLE 16    NON-DISCRIMINATION

 

48                                                 ARTICLE 17    TEMPORARY SUSPENSION

 

49                                                 ARTICLE 18    REPRIMANDS

 

50                                                 ARTICLE 19    DISCIPLINARY ACTION PROCEDURE

Scope of Disciplinary Action

Informal Resolution Prior to Notice of Pending Disciplinary Action

Notice of Pending Dismissal, Demotion or Suspension Without Pay

Acceptance of Disciplinary Action

Review of Pending Disciplinary Action

Disciplinary Action Appeal Process

Imposition of Sanction

Disciplinary Action Arbitration Procedure 

Pre-Sanction Suspension

Pre-Sanction Reassignment

 

55                                                 ARTICLE 20    WORKLOAD

Instructional Faculty: Professional Responsibilities

Work Year  

Work Hours  Casual Employment

Substitute Assignments

Librarian Employees: Assignment of Responsibility

Counselor Faculty Unit Employees: Assignment of Responsibility

Librarian and Counselor Assignments and Schedules

Coaching Employees:  Assignment of Responsibility

Coaching Employees Assignments and Schedules

Coaching Employees Work Hours

Department Chair Assignments

                                                                                          Fiscal Year 2002/03 Tenure-Track Faculty Recruitments

                                                                                          Marginal Cost Funding Increase

                                                                                          Student/Faculty Ratio and Student/Tenure-Track Faculty Ratio

                                                                                          Fiscal Year 2003/04 Reopener Negotiations

 


page

 

61                                                 ARTICLE 21    SUMMER SESSION

Assignment of Responsibility

Salary

 

62                                                 ARTICLE 22    LEAVES OF ABSENCE WITHOUT PAY

Personal Leaves of Absence Without Pay

Professional Leaves of Absence Without Pay

 

67                                                 ARTICLE 23    LEAVES OF ABSENCE WITH PAY

Paid Bereavement Leave

Paid Maternity/Paternity Leave

Jury Duty Leave

Leave to Vote

Absence as a Witness

Emergency Leave

Military Leave

 

70                                                 ARTICLE 24    SICK LEAVE

Absences for Which Sick Leave May Be Charged

Supplement to Industrial Disability Leave 

Catastrophic Leave Donation Program

 

74                                                 ARTICLE 25    PROFESSIONAL DEVELOPMENT

 

75                                                 ARTICLE 26    FEE WAIVER

 

77                                                 ARTICLE 27    SABBATICAL LEAVES

 

80                                                 ARTICLE 28    DIFFERENCE IN PAY LEAVES

 

82                                                 ARTICLE 29    FACULTY EARLY RETIREMENT PROGRAM

 

85                                                 ARTICLE 30    PRE-RETIREMENT REDUCTION IN TIME BASE

 

87                                                 ARTICLE 31    SALARY

General Salary Increase

Merit Pay

Service Salary Step Increases 

Counselor Faculty Unit Employees Salary ScheduleConversion

Fiscal Year 2003/04 Compensation

Increases for Market or Equity 

Department Chairpersons

 


page

 

92                                                 ARTICLE 32    BENEFITS

Health Plan

Dependent Care Reimbursement Program 

Dental Plans

Vision Care

Flex Cash Program 

Retirement Benefits for Part-time, Seasonal and Temporary

Employees

Recreational Facilities

Travel Reimbursement 

Parking Fees

Life Insurance, AD&D Plan and Disability Benefits

403(b) Programs and Optional Retirement Plan 

Enhanced 1959 Survivor Benefits

 

98                                                 ARTICLE 33    HOLIDAYS

 

100                                              ARTICLE 34    VACATION

Vacation Credit

 

102                                              ARTICLE 35    OUTSIDE EMPLOYMENT

 

102                                              ARTICLE 36    ADDITIONAL EMPLOYMENT

Limitation on Additional Employment

Applicable Time Periods for Limitations on Additional

Employment

 

103                                              ARTICLE 37    SAFETY

 

104                                              ARTICLE 38    LAYOFF

Determination of the Necessity to Lay Off

Exclusive Representative Notification and Representation

Unit of Layoff

Order of Layoff

Temporary Faculty Unit Employees: Order of Layoff

Probationary Faculty Unit Employees: Order of Layoff

Tenured Faculty Unit Employees: Order of Layoff

Tie-Breaking in the Order of Layoff

Exceptions to the Order of Layoff

Notice of Layoff

Computation of Seniority Points

Options in Lieu of Layoff

Recall Rights and Opportunities

Reemployment Opportunities

General Provisions

 

112                                              ARTICLE 39    INTELLECTUAL PROPERTY RIGHTS

 

114                                              ARTICLE 40    YEAR-ROUND OPERATIONS

 

114                                              ARTICLE 41    DURATION AND IMPLEMENTATION


 

APPENDICES

 

page

 

115                                              APPENDIX A INCLUDED CLASSIFICATIONS

 

117                                              APPENDIX B EXCLUDED CLASSIFICATIONS

 

118                                              APPENDIX C SALARY SCHEDULES

 

119                                              APPENDIX D SUPERSESSION

 

120                                              APPENDIX E INDIVIDUAL GRIEVANCE FORM

 

122                                              APPENDIX F MEMORANDA OF UNDERSTANDING

 

 


 

PREAMBLE

 

 

This Memorandum of Understanding is entered into pursuant to provisions of the Higher Education Employer-Employee Relations Act (HEERA) by and between the Trustees of The California State University, hereinafter referred to as the "CSU" or "Employer," and the California Faculty Association, hereinafter referred to as the "CFA," or the "exclusive representative."

 

It is the purpose of this Agreement to set forth the wages, hours of employment, and other terms and conditions of the employment for members of the bargaining unit. The parties recognize the importance of Section 3561(b) of HEERA, which states:

 

"The Legislature recognizes that joint decision-making and consultation between administration and faculty or academic employees is the long-accepted manner of governing institutions of higher learning and is essential to the performance of the educational missions of such institutions, and declares that it is the purpose of this act to both preserve and encourage that process . . ."

 

It is the purpose of these parties in entering this Agreement to promote high standards of education in the CSU. The CSU shall support the pursuit of excellence and academic freedom in teaching, research, and learning through the free exchange of ideas among the faculty, students, and staff.

 

The parties recognize that quality education requires an atmosphere of academic freedom and academic responsibility. The parties acknowledge and encourage the continuation of academic freedom while recognizing that the concept of academic freedom is accompanied by a corresponding concept of responsibility to the University and its students.

 

The CSU and CFA recognize the unique roles and responsibilities of the Academic Senate(s).

 

 

 


ARTICLE 1

RECOGNITION

 

 

 1.1            The Trustees of The California State University (CSU) recognize the California Faculty Association (CFA) as the sole and exclusive representative of the bargaining unit (Unit 3) which includes employees in classifications set forth in Appendix A of this Agreement.

 

1.2             The parties recognize that employees in the classifications listed in Appendix B of this Agreement and all other management, supervisory, and confidential employees as defined in HEERA are excluded from the bargaining unit.

 

1.3             The parties agree that employees appointed for sixty (60) days or less in classifications described in Appendix A of this Agreement that indicate "Casual Employment Employee" are excluded from the bargaining unit and are not covered by the terms of this Agreement except as provided for in provision 1.4.

 

1.4             The parties agree that all Head Coaches in classifications 2373, 2374 or 2375, who supervise two or more full-time faculty unit employees shall be excluded from the bargaining unit.

 

1.5             The parties agree that employees in classification 2357, Instructional Faculty — Summer Session, shall be excluded from the bargaining unit except for:

 

a.          probationary or tenured employees in another classification described in Appendix A, or;

 

b.         temporary employees appointed for at least one (1) term in the previous academic year in a class described in Appendix A.

 

1.6             The parties agree that all department chairs and department heads shall be included in the bargaining unit.

 

1.7             The CSU shall notify CFA sixty (60) days prior to the effective date of (a) new classifications related to bargaining unit classifications or (b) revised bargaining unit classifications.

 

a.          Prior to the effective date of a new classification, CFA may request a meeting with the CSU to discuss whether the new classification is appropriate for the bargaining unit. Such a meeting shall be held. The parties may mutually agree in writing to modify the unit to include the new classification. If the parties disagree as to the inclusion of a new classification in the bargaining unit, either party may seek a unit modification petition pursuant to the procedures established by PERB.


b.         Prior to the effective date of a revised classification or inclusion of a new classification in the bargaining unit, CFA may request to meet and confer regarding the impact of the revised classification or a new classification on bargaining unit members.

 

 

ARTICLE 2

DEFINITIONS

 

 

2.1             Administrator — The term "administrator" as used in this Agreement refers to an employee serving in a position designated as management or supervisory in accordance with HEERA.

 

2.2             Agreement — The term "Agreement" as used in this Agreement means Articles 1-41 and the appendices.

 

2.3             Bargaining Unit — The term "bargaining unit" as used in this Agreement refers to the bargaining unit defined in Article 1, Recognition, and the appendices.

 

2.4             Calendar Year — The term "calendar year" as used in this Agreement refers to the period of time from January 1 through December 31.

 

2.5             Campus — The term "campus" as used in this Agreement refers to one University or college and all its facilities which is a member institution of The California State University. The term "campus" shall also refer to the Office of the Chancellor, when appropriate.

 

2.6             Casual Employment Employee — The term "casual employment employee" as used in this Agreement refers to a bargaining unit member whose classification as found in Appendix A indicates casual employment employee.

 

2.7             CFA — The term "CFA" as used in this Agreement refers to the California Faculty Association or the exclusive representative or the Union.

 

2.8             CFA Representative — The term "CFA representative" as used in this Agreement refers to a faculty unit employee or CFA systemwide officers and staff who have been officially designated in writing as CFA representatives.

 

2.9             Chancellor — The term "Chancellor" as used in this Agreement refers to the chief executive officer of the CSU or his/her designee. The Office of the Chancellor is located at 401 Golden Shore, Long Beach, California 90802.

 

2.10           CSU — The term "CSU" as used in this Agreement refers collectively to the Trustees, the Office of the Chancellor, and the universities and colleges. The term "CSU" shall also mean the "Employer."


2.11           Day — The term "day" as used in this Agreement refers to a calendar day. The time in which an act provided by this Agreement is to be done is computed by excluding the first day and including the last day, unless the last day is a holiday or other day on which the Employer is not regularly open for business, and then it is also excluded.

 

2.12           Department — The term "department" as used in this Agreement means the faculty unit employees within an academic department or other equivalent administrative unit.

 

2.13           Faculty Unit Employee — The term "faculty unit employee" or "employee" as used in this Agreement refers to a bargaining unit member who is a full-time faculty unit employee, part-time faculty unit employee, probationary faculty unit employee, tenured faculty unit employee, temporary faculty unit employee, coaching faculty unit employee, counselor faculty unit employee, faculty employee, or library faculty unit employee.

 

a.          Full-Time Faculty Unit Employee — The term "full-time faculty unit employee" as used in this Agreement refers to a bargaining unit employee who is serving in a full-time appointment.

 

b.         Part-Time Faculty Unit Employee — The term "part-time faculty unit employee" as used in this Agreement refers to a bargaining unit employee who is serving in a less than full-time appointment or at a less than full-time timebase.

 

c.          Probationary Faculty Unit Employee — The term "probationary faculty unit employee" as used in this Agreement refers to a full-time bargaining unit employee who has received a probationary appointment and is serving a period of probation.

 

d.         Tenured Faculty Unit Employee — The term "tenured faculty unit employee" as used in this Agreement refers to a bargaining unit employee who has been awarded tenure.

 

e.          Temporary Faculty Unit Employee — The term "temporary faculty unit employee" as used in this Agreement refers to a bargaining unit employee who is serving in a temporary appointment for a specified period of time.

 

f.            Coaching Faculty Unit Employee — The term "coaching faculty unit employee" or "coach" as used in this Agreement refers to a bargaining unit employee in the following classifications: 2373, 2374, and 2375, except as modified in provision 1.4; and 2376, 2377, 2378, 2379, 2380, 2381, 2382, 2383, 2384.


 

g.         Counselor Faculty Unit Employee — The term "counselor faculty unit employee" refers to a bargaining unit employee in the following classifications: 2341, 2342, 2344, 3070, 3071, 3072, 3073, 3074 and 3075.

 

h.         Faculty Employee — The term "faculty employee" as used in this Agreement refers to a bargaining unit employee in the following classifications: 2323, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2364, 2365, 2367, 2368, 2369, 2386, 2387, 2388, 2389, 2390, 2394, 2395, 2399, 2400, 2401, 2462, 2463, 2464, 2466, 2481, 2482, 2483, 2484.

 

i.            Librarian Faculty Unit Employee — The term "librarian faculty unit employee" or "librarian" as used in this Agreement refers to a bargaining unit employee in the following classifications: 2913, 2914, 2919, 2920, 2926, 2927.

 

2.14           Fiscal Year — The term "fiscal year" as used in this Agreement refers to the period of time from July 1 through June 30.

 

2.15           HEERA — The term "HEERA" as used in this Agreement refers to the Higher Education Employer—Employee Relations Act, enacted in 1978 as Senate Bill 1091 (Berman), Chapter 744, Laws of 1978, Government Code Section 3560, et seq.

 

2.16           Parties — The term "parties" as used in this Agreement refers to the CSU and the California Faculty Association.

 

2.17           Personnel Action File — The term "Personnel Action File" as used in this Agreement refers to the one official personnel file containing employment information and information that may be relevant to personnel recommendations or personnel actions regarding a faculty unit employee. The term "Working Personnel Action File" as used in this Agreement refers to that portion of the Personnel Action File used during the time of periodic evaluation or performance review of a faculty unit employee.

 

2.18           President — The term "President" as used in this Agreement refers to the chief executive officer of a University or college or his/her designee. The term "President" shall also refer to the Chancellor or his/her designee, when appropriate.

 

2.19           Trustees — The term "Trustees" as used in this Agreement refers to the Board of Trustees of the CSU.

 

 

 


ARTICLE 3

EFFECT OF AGREEMENT

 

 

3.1             This Agreement constitutes the entire Agreement of the Trustees and the CFA, arrived at as a result of meeting and conferring. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in an expressed written amendment to the Agreement. This Agreement supersedes all previous agreements, understandings, policies, and prior practices directly related to matters included within this Agreement. In the absence of any specific provisions in this Agreement, all CSU practices and procedures are at the discretion of the Employer. The Employer shall provide notification to CFA at least thirty (30) days prior to the implementation of systemwide changes affecting the working conditions of faculty unit employees. Upon request of CFA, the CSU shall meet and confer with CFA on the demonstrable impact of such changes.

 

3.2             The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Except as provided elsewhere in this Agreement, the CSU and the CFA, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge of the parties at the time that they negotiated or signed this Agreement.

 

 

 

ARTICLE 4

SAVINGS CLAUSE

 

 

4.1             If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction or governmental administrative agency having authority over its provisions, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect.

 

4.2             No later than sixty (60) days after a written request by either party to meet and confer, negotiations regarding a substitute provision(s) for the invalidated provision(s) shall commence.

 


ARTICLE 5

MANAGEMENT RIGHTS

 

 

5.1             The CSU retains and reserves to itself, whether exercised or not, all powers, rights, authorities, duties, and responsibilities which have not been specifically abridged, delegated, or modified by this Agreement.

 

 

 

ARTICLE 6

CFA'S RIGHTS

 

 

6.1             Upon request of CFA, the CSU shall provide at no cost adequate facilities not otherwise required for campus business for meetings of the CFA. The CFA shall be afforded access to the existing campus telephone system at no cost to the CSU, contingent upon the ability of the system to accommodate such usage. The costs of installation and operation shall be borne by the CFA. The CFA shall also be afforded access to the CSUnet for systemwide and internet telecommunications access, at no cost to the CSU, contingent upon the ability of the system to accommodate such usage. The costs of installation and operation shall be borne by the CFA, at the CSUnet subscription rates.

 

6.2             The CFA shall bear the cost of all campus supplies incident to any CFA meeting or CFA business conducted on campus.

 

6.3             Intra-campus mail service shall be available to CFA at no cost for official CFA communications. CFA shall package and label materials for convenient handling according to the normal specifications of the campus, which shall be communicated upon request from CFA. The identifier (CFA) shall appear on all materials sent through the campus mail service by CFA. Faculty unit employee mailboxes, if any, may be utilized by CFA for purposes of CFA communication to faculty unit employees.

 

6.4             CFA shall have the use of an adequate number of designated bulletin boards for the posting of CFA material. Such bulletin boards shall be visible, accessible to faculty unit employees, and in areas frequented by faculty unit employees.

 

6.5             A copy of CFA material posted on bulletin boards and CFA material intended for general distribution to faculty unit employees through the campus mail services shall be provided in a timely manner to the appropriate administrator. CFA should exercise responsibility for the content of such material.

 

6.6             CFA shall not interfere with campus programs, operations, or the work of faculty unit employees.


6.7             The CFA Chapter President shall officially represent CFA on each campus. The name of the CFA Chapter President and alternate shall be provided to the President.

 

6.8             The appropriate administrator shall, as a courtesy, be notified of the presence of a representative of CFA on official business who is not a campus employee either upon his/her arrival at the campus or by telephone in advance of arrival. The names of representatives of CFA who are non-CSU employees and the names of systemwide CFA officers shall be provided to the appropriate administrator.

 

6.9             Upon the request of CFA, the campus Personnel Office shall provide CFA at no cost a monthly list of all faculty unit employees newly appointed for at least ninety (90) days. Such a list shall contain the name and the department or equivalent unit of such a faculty unit employee.

 

6.10           The term "no cost" as used in this Article shall be exclusive of actual overtime costs or extraordinary clean-up costs incurred by the CSU in complying with the provisions of this Article. Such costs shall be borne by CFA. When the facility request is submitted and CFA inquires, the CSU shall inform the CFA whether or not costs shall be charged.

 

6.11           Upon the request of CFA, employee lists including those generated by PIMS and other public information shall be provided to CFA as soon as reasonably practicable. A faculty unit employee's home address shall be released to CFA except when that employee officially has informed the CSU that he/she wishes the home address withheld. The cost of such employee lists or public information shall be borne by CFA except as provided elsewhere in the Agreement.

 

6.12           Upon the request of CFA, the CSU shall grant in a timely manner union leave without loss of compensation. Such leaves shall be granted up to the equivalent of four (4) full-time positions per year.

 

a.          Such leave may be partial or full-time and shall not exceed one (1) year. An employee on such leave shall continue to earn all campus service credit and retirement credit. Vacation time, holiday time, and sick leave shall not accrue during such leave. A faculty unit employee on such leave shall have the right to return to his/her former position upon expiration of the leave. Such leave shall not constitute a break in the faculty unit employee's continuous service for the purpose of salary adjustments, sick leave, vacation, or seniority.


 

b.         The CSU shall be reimbursed by CFA for all compensation paid to the faculty unit employee on account of such leave and for any incidental costs, including the cost of benefits. Reimbursement of salary by CFA shall be at Step 1, Assistant Professor, of the salary schedule. Reimbursement by CFA shall be made no later than thirty (30) days after receipt of the CSU certification of payment of compensation to the employee.

 

6.13           The following WTU pools shall be provided for the purpose of granting reductions in workload, without loss of compensation, for CFA representatives. There shall be a pool of six (6) WTUs on a semester campus, or eight (8) WTUs on a quarter campus, per academic term, for distribution among campus CFA chapter representatives. In addition, there shall be a statewide pool not to exceed twenty-four (24) WTUs per semester, or the quarter equivalent on quarter campuses, for distribution among CFA statewide representatives.

 

6.14           The CFA may request unpaid leaves of absence for a specified period of time for CFA-designated faculty unit employees.

 

6.15           The CSU and the CFA shall endeavor to publish jointly an official version of this Agreement, and shall equally share the cost of printing one thousand (1000) copies, to be distributed equally between the parties. Additional copies requested by CFA prior to the time of initial printing shall be provided to CFA. CFA shall bear the cost of such additional copies.

 

6.16           A faculty unit employee shall not suffer reprisals for participation in CFA activities.

 

Release Time for Negotiations

 

6.17           The CSU agrees that members of the CFA negotiating team may request and shall be granted a reduction in workload during the academic term in which negotiations take place. Such reductions shall be considered partial difference in pay leaves and salaries shall be in accordance with Article 28, provision 28.3. The reduction will be calculated on the basis of fifteen (15) Weighted Teaching Units representing a full load.

 

6.18           Provisions 28.12 and 28.13 shall apply to such leaves.

 

6.19           The CFA shall reimburse the CSU by the amount of the required salary reduction for each member of the negotiating team. Such reimbursement shall be passed on to the employees as a part of their salary compensation.

 

6.20           For those members of the bargaining team whose normal assignments involve classroom teaching, the requested reduction shall be in increments which will facilitate course reassignment.


6.21           The work assignments of members of the negotiating team shall be rescheduled so that involved individuals shall have Thursdays and Fridays free of work assignments during the academic term in which negotiations occur to facilitate attendance at bargaining sessions.

 

6.22           The foregoing shall be implemented only if the CFA notifies the CSU of the names of members of the bargaining team by May 1 of each year.

 

6.23           The CFA shall be provided appropriate office space on each campus, which shall, upon their request, be shared with other bargaining representatives. Rental charges for the duration of this Agreement shall be one dollar per year for each office provided.

 

 

 

ARTICLE 7

CFA SECURITY

 

 

7.1             Faculty unit employees shall be free to join or not to join CFA.

 

7.2             It is the intent of this Article to provide payroll deduction for CFA members to be deducted from their pay warrants insofar as permitted by law. The CSU agrees to deduct and transmit to CFA all authorized deductions from CFA members within the bargaining unit who have signed and approved authorization cards for such deduction on file with CFA.

 

7.3             The amount of dues deducted from CFA member's pay warrants shall be set by CFA and changed by the CSU upon written request of CFA.

 

7.4             CFA agrees to indemnify, defend, and hold the CSU harmless against any claim made of any nature and against any suit instituted against the CSU arising from its payroll deductions for CFA dues and deductions.

 

 

 


ARTICLE 8

FACULTY PARTICIPATION

 

 

8.1             Upon request of the CFA there may be convened a meeting with the President and a CFA representative. Such meetings may occur monthly at the request of either party, or more often by mutual agreement. The purpose of the meeting shall be to discuss topics of mutual interest to the University community. CFA shall submit an agenda of matters it seeks to discuss at the time of its request.

 

8.2             Each campus shall establish a joint labor/management committee, which shall be composed of three (3) representatives employed at the campus from each party. This committee shall meet at least once during each academic term, at times and dates mutually agreeable to the parties. The committee’s agenda shall be limited to discussing matters related to the interpretation and application at the campus of the provisions of the Agreement between the parties. The parties shall notify each other of the issues that they desire to discuss at least five (5) days prior to the scheduled meeting date.

 

 

 

ARTICLE 9

CONCERTED ACTIVITIES

 

 

9.1             During the life of this Agreement, faculty unit employees shall not engage in strikes or other concerted activity which would interfere with or adversely affect the operations or the mission of the CSU.

 

9.2             The CFA shall not promote, organize, or support any strike or other concerted activity.

 

9.3             The CFA shall endeavor to prevent faculty unit employees from participating in a concerted activity which would interfere with or adversely affect the operations or the mission of the CSU.

 

9.4             During the life of this Agreement, the CSU shall not lock out faculty unit employees.

 

 

 


ARTICLE 10 [1]

GRIEVANCE PROCEDURES

 

 

10.1           The purpose of this Article is to provide a prompt and effective procedure for the resolution of disputes. The procedures hereinafter set forth shall, except for matters of discipline as set forth in Article 19 herein, be the sole and exclusive method for the resolution of disputes arising out of issues covered by this Agreement.

 

10.2           Definitions

 

As used herein:

 

a.          The term "grievance" or "contract interpretation grievance" shall mean an allegation concerning a claimed violation, misapplication, or misinterpretation of a specific term or provision of this Agreement.

 

b.         The term "grievant" shall mean an employee or group of employees alleging that they have been directly wronged by a violation, misapplication, or misinterpretation of a term or provision of this Agreement that confers rights upon them individually or as a group. The term "grievant" shall also mean the CFA when alleging a grievance on behalf of itself, or on behalf of a unit member or a group of unit members. The CFA shall not grieve on behalf of unit members who do not wish to pursue individual grievances.

 

c.          The term "employee" in this Article shall mean a member of the bargaining unit. The term "employee" shall also mean the CFA when alleging a faculty status dispute on behalf of a unit member or a group of unit members. The CFA shall not allege a faculty status dispute on behalf of unit members who do not wish to pursue such a matter.

 

d.         The term "appropriate administrator" as used in this Article shall mean the individual who has been designated by the President to act pursuant to the procedures set forth in this Article.

 

e.          The terms "respond" and "file" as used in this Article shall mean either personal delivery or delivery through the U.S. mail, certified mail, return receipt requested. If personal delivery is used, the grievant or appropriate administrator shall provide a written receipt. If certified mail is used, the return receipt shall establish the date of delivery. The terms "respond" and "file" as used in regards to Level II of this Article shall also mean transmittal by telefax. If telefax transmittal is used
either to file or to respond at Level II, the telefax transmittal cover letter must be returned and shall include the signature of the receiving party acknowledging receipt, as well as the date of receipt. A response or filing at Level II shall not be considered accomplished in the absence of such date and signature on the cover letter.

 

f.            The term "faculty status matter" or "faculty status dispute" as used in this Article shall mean a dispute involving solely a decision not to reappoint, promote, or tenure.

 

10.3           Grievance Forms

 

a.          All grievances, requests for review, or appeals shall be submitted in writing on the form attached to this Agreement as Appendix E, and shall be signed by the grievant(s). Except for the initial filing of a grievance, if there is difficulty in meeting any time limit, a CFA representative may sign the grievance form for the grievant.

 

b.         The appropriate administrator may refuse consideration of a grievance not filed on a grievance form required by this Article. In the event the potential grievant does not file on the prescribed form, the appropriate administrator shall provide the potential grievant with a copy of the appropriate form. Subsequent refiling utilizing the appropriate form shall take place within seven (7) days of receipt of the appropriate form.

 

Contract Interpretation Grievance Procedure

 

10.4           Level I — Campus Level Review

 

a.          A grievant eligible to grieve pursuant to provision 10.2 of this Article may file a Level I grievance with the President no later than forty-two (42) days after the event giving rise to the grievance, or no later than forty-two (42) days after the grievant knew or reasonably should have known of the event giving rise to the grievance. The grievant shall state clearly and concisely on a grievance form:

 

1)         the term(s) of the Agreement alleged to have been violated, misinterpreted, or misapplied;

 

2)         a description of the grounds of the grievance including names, dates, places, times, necessary for complete understanding;

 

3)         a proposed remedy;

 

4)         the name, department or equivalent unit, address at which the grievant shall receive all correspondence relating to the grievance, position/classification of the grievant and his/her signature;


5)         the name and address of the grievant's representative, if any; and

 

6)         the date of submission.

 

7)         If the grievance derives from an action or decision by the Chancellor's Office, the President and the CFA may agree that the grievance may be filed directly with the Chancellor's Office, at Level II.

 

b.         The grievant may, in the written grievance, request the postponement of any action in processing the grievance formally for a period of up to twenty-five (25) days, during which period the grievant may pursue efforts to resolve the grievance informally and shall be entitled to a good faith review of the issue(s) presented. The initial postponement request shall be granted, and upon the grievant's further written request, additional twenty-five (25) day extensions shall be liberally granted unless to do so would seriously impede resolution of the grievance.

 

1)         Upon request of the grievant during the postponement period(s), the President shall arrange an informal conference between the appropriate administrator and the grievant.

 

2)         The grievant may at any time terminate the postponement period by giving written notice to the President that the grievant wishes to proceed with the Step 1 meeting provided for below. If the postponement period, or any extension thereof, expires without the filing of a request for a further postponement the grievance shall proceed to formal Step 1.

 

3)         The grievant shall have the right to representation by CFA during attempts at informal resolution of the grievance.

 

c.          Within fourteen (14) days after the Level I filing, the President shall hold a meeting with the grievant and the grievant's representative, if any, at a mutually acceptable time and location. The President shall respond in writing to the grievant, no later than fourteen (14) days after the Level I meeting. Such response shall include a statement of reasons for any denial of the grievance.

 


10.5           Level II — System Level Review

 

a.          In the event the grievance is not settled to the grievant's satisfaction at Level I, the grievant may file a Level II grievance with the Office of the Chancellor no later than twenty-one (21) days after the Level I response. The grievant shall attach a copy of the previous grievance response together with any documents presented at that level.

 

b.         A designated individual in the Office of the Chancellor and the representative of the grievant shall schedule a conference at the Office of the Chancellor for the purpose of reviewing the matter within fourteen (14) days of the Level II filing. The designated individual in the Office of the Chancellor shall respond no later than fourteen (14) days after the conference.

 

c.          If the grievance has not been settled at Level II, then within forty-two (42) days after receipt of the decision at the previous level or the expiration of the time limits for making such decision, the CFA, upon the request of the grievant, may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Office of Employee Relations. The CFA may also request arbitration by transmittal by telefax. If telefax transmittal is used the cover letter must be returned and shall include the signature of the receiving party acknowledging receipt, as well as the date of receipt. A telefax transmittal request for arbitration shall not be considered accomplished in the absence of such date and signature on the cover letter. Representation at arbitration shall be by CFA only.

 

10.6           Arbitration

 

Unless the specific language of the Agreement is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the AAA, subject to the provisions below:

 

a.          The parties shall meet within thirty (30) days of the execution of this Agreement to select a panel of ten (10) members to serve as arbitrators for contract grievances arising under this Agreement. Within thirty (30) days of the execution of this Agreement, the Office of General Counsel and CFA shall meet to select a panel of ten (10) members to serve as arbitrators in faculty status grievances arising under this Agreement. If no agreement is reached on either panel prior to or within sixty (60) days after the execution of this Agreement, the parties shall designate the arbitrators for that category of grievances in accordance with the AAA Voluntary Labor Arbitration Rules until agreement on a panel is reached. The panel members shall be designated to serve in alphabetical rotation, provided the next panel member reached has an available hearing date within one hundred and twenty (120) days of notification, or any mutually agreed upon
extension thereto. The parties may add or delete panel members by mutual notification.

 

b.         Either party to the Agreement may preemptorily challenge one member on each panel at any time during the term of this Agreement and such panel member shall be removed from the panel and replaced with a new mutually acceptable replacement. Once a party has notified the other party of its intention to remove an arbitrator, no new cases shall be heard by that arbitrator, and that arbitrator shall not be notified of his/her removal prior to the receipt by the parties of any of his/her pending awards.

 

c.          Contract interpretation grievances with continuing financial back pay liability, and grievances alleging an unsafe work environment, shall be scheduled for hearing in arbitration in the chronological order of their appeal to arbitration, prior to both the scheduling of any grievances with no continuing financial back pay liability, or any grievance which does not allege an unsafe work environment. The parties recognize that from time to time it may be in the interest of both parties by mutual agreement to schedule cases for arbitration in other than chronological order. Absent such mutual agreement, arbitration hearings shall be scheduled in the same chronological order in which each case was appealed to arbitration.

 

d.         Any grievance or faculty status dispute, except those involving the denial of promotion, filed into arbitration shall be considered withdrawn if the parties have not, within twelve (12) months of the date of filing to arbitration, agreed upon a date and scheduled the case for hearing with the arbitrator assigned to the case. Faculty status disputes involving the denial of promotion shall be considered withdrawn if the parties have not, within eighteen (18) months of the date of filing to arbitration, agreed upon a date and scheduled the case for hearing with the arbitrator assigned to the case. In each case, this provision shall be extended for an additional thirty (30) days at a time, in cases where the Union has agreed to dates proposed by an arbitrator which are unacceptable to the CSU, or in cases where the CSU has not responded to the dates proposed by the Union. For faculty status disputes filed prior to the effective date of this Agreement, the twelve (12) and eighteen (18) month limitations shall commence upon the effective date of the Agreement.

 

e.          No later than ten (10) days prior to the date of an arbitration hearing the parties shall confirm any arbitrability issue(s) to be raised, attempt to formulate a joint statement of issue, exchange the names of all anticipated witnesses, and provide (and identify as exhibits) copies of all documents anticipated to be entered into evidence. This provision shall not preclude either party from calling witnesses or entering documentary evidence not identified during this discussion. Scheduled
hearings shall not be delayed or postponed due to the failure to complete this discussion.

 

f.            The arbitrator's award shall be based solely upon the evidence and arguments appropriately presented by the parties in the hearing and upon any post-hearing briefs.

 

g.         The arbitrator shall have no authority to add to, subtract from, modify, or amend the provisions of this Agreement.

 

h.         The authority of an arbitrator with respect to granting appointment, reappointment, promotion, or tenure shall be as follows:

 

In cases involving appointment, reappointment, promotion, or tenure, the arbitrator shall recognize the importance of the decision not only to the individual in terms of his/her livelihood, but also the importance of the decision to the institution involved.

 

The arbitrator shall not find that an error in procedure will overturn an appointment, reappointment, promotion, or tenure decision on the basis that proper procedure has not been followed unless:

 

1)         there is clear and convincing evidence of a procedural error; and

 

2)         that such error was prejudicial to the decision with respect to the grievant.

 

The normal remedy for such a procedural error will be to remand the case to the decision level where the error occurred for reevaluation, with the arbitrator having authority in his/her judgment to retain jurisdiction.

 

An arbitrator shall not grant appointment, reappointment, promotion or tenure except in extreme cases where it is found that:

 

1)         the final campus decision was not based on reasoned judgment;

 

2)         but for that, it can be stated with certainty that appointment, reappointment, promotion, or tenure would have been granted; and

 

3)         no other alternative except that remedy has been demonstrated by the evidence as a practicable remedy available to resolve the issue.

 

The arbitrator shall make specific findings in his/her decision as to the foregoing.

 


In the event the CSU seeks to vacate an arbitration award in the manner prescribed by the California Code of Civil Procedure, the court may, among the other matters it considers, determine whether or not the arbitrator has exceeded his/her authority with respect to the foregoing.

 

i.            A final decision or award of the arbitrator shall be made within thirty (30) calendar days after the close of the hearing. Such decision or award shall be binding upon the CFA, the CSU, and the employee(s) affected thereby.

 

j.            The cost of the arbitration, excluding advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, shall be borne by the party who calls them.

 

k.         Arbitration hearings shall be held at the campus for grievances filed at a CSU campus, and arbitration hearings shall be held on an alternating basis between the Office of the Chancellor and the Los Angeles CFA office for grievances agreed upon by the parties to be systemwide issues. The parties may mutually agree to schedule such cases at other locations.

 

l.            The standard of review for the arbitrator in other than faculty status cases is whether the CSU violated, misapplied, or misinterpreted a specific term(s) of this Agreement.

 

m.      The CFA and the CSU may mutually agree to invoke the "Streamlined Labor Arbitration Rules" of the AAA for the hearing of a case.

 

1)         Within ten (10) days from the date the hearing is closed, the arbitrator shall issue to the parties a written award stating his/her decision on the issue(s) submitted. Copies of the award shall be provided to the parties. The award shall be final and binding on the CFA, the CSU, and the employee(s) affected thereby.

 

2)         At the request of either party, the arbitrator shall provide a complete written rationale for his/her award including findings, reasons, and conclusions on the issue(s) submitted no later than thirty (30) days after the award is issued. Copies of this rationale for the award shall be provided to the parties.

 

3)         The written rationale for the award shall be considered part of the award for the purpose of appeal and the statutory period for appeal shall be considered to commence upon receipt of the rationale from the arbitrator.


 

n.         If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

 

o.         An arbitrator's award may or may not be retroactive as the equities of each case may demand, but in no case shall an award be retroactive to a date earlier than thirty (30) days prior to the date the grievance was initially filed in accordance with this Article or the date on which the act or omission occurred.

 

Faculty Status Dispute Procedure

 

10.7           A faculty unit employee who has a dispute pertaining to a faculty status matter as defined by provision 10.2f shall notify the President in writing of the dispute within twenty-one (21) days from the receipt of the negative decision.

 

10.8           The employer and the employee shall pursue efforts to resolve the dispute informally and the employee shall be entitled to a good faith review of the issue(s) presented. This effort at informal resolution shall be mandatory for all faculty status matters as defined in Article 10.2f and shall occur within thirty (30) days after serving notice of dispute. The employer and the employee may continue to pursue informal resolution of the dispute beyond the mandatory period.

 

10.9           If a dispute pertaining to a faculty status matter is not resolved to the employee’s satisfaction through informal efforts, the employee may request peer review or request of the CFA that the faculty status dispute be submitted to arbitration. Such a request shall be made no later than forty-five (45) days after serving notice of a dispute pursuant to provision 10.7.

 

10.10         If the dispute presented pursuant to provision 10.7 above is not resolved and is a faculty status matter as defined in provision 10.2f, the employee may elect either peer review of his/her complaint as described in provision 10.9, or arbitration as described in provision 10.6 of this Article.

 

a.          If the employee desires to elect arbitration he/she may request of the CFA that the faculty status matter be submitted to arbitration. Such a request shall be made no later than forty-five (45) days after serving notice of dispute. No later than ninety (90) days after the notice of dispute is served, the CFA may by written notice to the Office of the Chancellor submit the grievance to arbitration. In the event CFA subsequently withdraws or does not submit a demand for arbitration, the employee may request peer review no later than seven (7) days from receipt of the CFA decision denying arbitration.


 

b.         If the employee initially desires to elect peer review he/she may request peer review no later than forty-five (45) days after serving notice of a dispute pursuant to provision 10.7.

 

10.11         Peer Review

 

a.          The President shall establish a panel consisting of all full-time tenured employees who have served on committees that made recommendations on matters of appointment, reappointment, promotion or tenure and who have attained the rank of full professor or equivalent. No employee may be eligible for this panel if he/she has been directly involved with or a party to matters related to a complaint submitted by the employee to peer review.

 

b.         The membership of the Peer Panel to review a specific faculty status matter shall be selected by lot from the panel established pursuant to provision 10.11a and consist of three (3) members and one (1) alternate.

 

c.          The Peer Panel shall begin to review the faculty status matter within twenty-one (21) days of its selection by lot. The panel's review shall be limited to a consideration of the complainant's Personnel Action File; all written recommendations, rebuttals, and responses related to the faculty status matter; any written statement by the affected employee as to why his/her original review was inappropriate; and the Employer's written response to any allegations made by the affected employee. Except for presentations of the complainant and the administrator, if the administrator chooses, the peer review will be made from the documents set forth in this section.

 

d.         The proceeding set forth in 10.11c above shall not be open to the public and shall not be a hearing.

 

e.          No later than forty (40) days after its selection, the Peer Panel shall submit to the President and the complainant a written report of its findings and recommendations. All written materials considered by the Peer Panel shall be forwarded to the President. When the panel has complied with this section, it shall be discharged of its duties.

 

f.            The President shall consider the Peer Panel's recommendations and all forwarded materials and, no later than fourteen (14) days after receipt of the Peer Panel's report, notify the affected employee and the Peer Panel of his/her final decision, including the reasons therefor. Notification to the employee of the President's decision concludes the peer review procedure and such decision shall not be reviewable in any forum.


 

Mediation

 

10.12         Formal contract interpretation grievances and faculty status disputes may be subject to mediation in accordance with the following:

 

a.          The party requesting mediation shall request mediation within thirty (30) calendar days after the Union has filed a request for arbitration. This time period may be waived upon the mutual agreement of both parties.

 

b.         Grievances shall not proceed to mediation except by the mutual agreement of both parties.

 

c.          The timelines and order of the scheduling of grievances for arbitration pursuant to this Article shall not be affected by the parties’ desire to invoke mediation.

 

d.         The parties shall establish a panel of three (3) mediators by mutual agreement, who shall serve in alphabetical rotation. Members of the arbitration panel established pursuant to this Article shall not be eligible to serve on this mediation panel.

 

e.          The procedures set forth in California Evidence Code Section 1152.5 shall be applicable to mediation conducted pursuant to this Agreement.

 

f.            All costs of mediation shall be borne equally by both parties.

 

g.         The recommendations of a mediator, if any, shall be advisory only and shall not be binding upon the parties. If the parties agree to accept the mediator’s recommendation, the decision shall be reduced to writing and signed by both parties. Neither party shall enter into evidence at a subsequent arbitration hearing any recommendation(s) of the mediator.

 

General Provisions

 

10.13         Wherever a time limit is provided by this Article, the participants at that level may extend the period by mutual consent in writing. However, the time limit for filing the initial grievance at Level I may only be extended by the Office of the Chancellor. It is understood that the purpose of the procedure is to resolve grievances promptly and that extensions shall be sought only for good cause.


 

10.14         When meetings, conferences, or arbitration hearings are held under this Article, employees who are entitled to attend or who are called as witnesses by a party, shall be excused for that purpose from other duties without penalty, provided that arrangements are made for coverage of the employee's duties.

 

10.15         No reprisals shall be taken against any employee for the filing and processing of any grievances.

 

10.16         Except for good cause shown, only those events, issues, and sections of this Agreement cited in the initial filing at Level I may be considered at subsequent levels.

 

10.17         A failure to grant promotion due to a lack of available funds shall not be grievable.

 

10.18         After the grievance has been filed at Level I, a representative and the grievant shall be provided reasonable release time for the purpose of preparation and presentation of the grievance at Levels I and II, provided that such release time shall not conflict with any scheduled classes and office hours.

 

10.19         Upon failure of the Employer or its representatives to provide a decision within the time limits provided in this Article, the grievant or CFA, where appropriate, may appeal to the next step. Upon the failure of the grievant or CFA, where appropriate, to file an appeal within the time limits provided in this Article, the grievance shall be deemed to have been resolved by the decision at the prior step.

 

10.20         In cases where it is necessary for the grievant or his/her representative to have information for the purpose of investigating a grievance, the grievant or his/her representative shall make a written request for reasonably specific information to the appropriate administrator. The grievant or his/her representative shall have the right to receive, within thirty (30) days, such information not defined as confidential or personal pursuant to the Information Practices Act of 1977 or HEERA, which would assist in adjusting the grievance. The CSU shall notify the CFA whenever the information cannot be provided within this thirty (30) day period.

 

10.21         A decision to submit a grievance to arbitration shall be a waiver of all other remedies except as provided otherwise by statute.

 

10.22         A grievance settled prior to the issuance of an arbitrator's award shall not set a precedent.

 

10.23         A grievance may be withdrawn at any time. The grievant shall not file any subsequent grievance on the basis of the same event.


 

10.24         The CSU and CFA may mutually agree to consolidate grievances on similar issues at any level.

 

10.25         CFA shall have the exclusive right to represent any employee in grievances filed hereunder provided, however, that at Levels I and II, employees may represent themselves or be represented by an individual of their choice. If an employee elects not to be represented by CFA, the appropriate administrator shall inform CFA in writing of the grievance in a timely manner. No resolution of any individually processed grievance shall be inconsistent with the terms of this Agreement. The CSU will not agree to a resolution of the grievance until the CFA has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

 

10.26         The parties agree that all grievance files and/or the content of grievance meetings shall be confidential. Grievance records shall be kept in a file separate from the grievant's Personnel Action File.

 

10.27         Time limits shall be considered tolled where personnel are unavailable due to illness, vacations, or professional reasons.

 

Grievance Administration

 

10.28         From time to time, the CFA Central Office and the Office of the Chancellor shall compare grievance records for the purpose of developing and maintaining a common systemwide grievance docket.

 

10.29         Grievance rights pursuant to this Article shall not be curtailed on the last date of employment if said grievance rights are exercised in accord with provision 10.4 of this Article and such other filing requirements as may apply.

 

10.30         If a grievance derives from an action of the Chancellor's Office, the President and the grievant may agree to file the grievance directly at Level II.

 

 


ARTICLE 11

PERSONNEL FILES

 

 

11.1           The Personnel Action File shall be defined as the one (1) official personnel file for employment information and information that may be relevant to personnel recommendations or personnel actions regarding a faculty unit employee. For each faculty unit employee, the President shall designate an office in which the Personnel Action File shall be maintained and shall designate a custodian for the Personnel Action File. It is the intent of the CSU to maintain accurate and relevant Personnel Action Files. There may be copies of material contained in the official file in other working files for the convenience of the Employer. Only the official Personnel File may be used as the basis of personnel actions.

 

11.2           A faculty unit employee shall have the right to submit material to his/her Personnel Action File. A faculty unit employee shall also have the right to submit a written rebuttal to any material in his/her Personnel Action File, or scheduled for placement in his/her Personnel Action File after notification of such placement pursuant to provision 11.4 of this Article.

 

11.3           Any material identified by source may be placed in the Personnel Action File. Identification shall indicate the author, the committee, the campus office, or the name of the officially authorized body generating the material.

 

11.4           The faculty unit employee shall be notified of the placement of any material in his/her Personnel Action File, and shall be provided with a copy of any material to be placed in the Personnel Action File at least five (5) days prior to such placement. This provision shall not apply to material referenced in the Temporary Suspension or Disciplinary Action Procedure Articles of this Agreement.

 

11.5           Upon request, a faculty member shall be provided the opportunity to meet with the appropriate administrator regarding material to be placed in the file to which the faculty member objects. The request to meet shall be made within five (5) days of the receipt of the notification. The meeting shall take place within ten (10) days of the request made by the faculty member.

 

11.6           Pursuant to provision 11.1, the appropriate administrator shall consider all information provided by the faculty member concerning the relevancy and accuracy of any material to be placed in the file prior to making a final decision to place material in the file. This provision, and provision 11.5 above, shall not apply to material placed in the file created for the periodic evaluations or performance reviews conducted pursuant to Article 15, Evaluation, of this Agreement, nor to material referenced in the Temporary Suspension or Disciplinary Action Procedure Articles of this Agreement.


 

11.7           Materials for evaluation submitted by a faculty unit employee shall be deemed incorporated by reference in the Personnel Action File, but need not be physically placed in the file. An index of such materials shall be prepared by the faculty unit employee and submitted with the materials. Such an index shall be permanently placed in the Personnel Action File. Materials incorporated by reference in this manner shall be considered part of the Personnel Action File for the actions set forth in provision 11.9 of this Article. Indexed materials may be returned to the faculty unit employee.

 

11.8           During the time of periodic evaluation and performance review of a faculty unit employee, the Working Personnel Action File, which includes all information, materials, recommendations, responses and rebuttals, shall be incorporated by reference into the Personnel Action File.

 

11.9           Personnel recommendations or decisions relating to retention, tenure, promotion, or termination based upon work performance, or any other personnel action shall be based on the Personnel Action File. For the purposes of this section, course assignments shall not be considered personnel actions. However, course assignments shall not be punitive in nature.

 

Should the President make a personnel decision on any basis not directly related to the professional qualifications, work performance, or personal attributes of the individual faculty member in question, those reasons shall be reduced to writing and entered into the Personnel Action File and shall be immediately provided the faculty member.

 

11.10         A faculty unit employee shall have the right of access to all material in his/her Personnel Action File, exclusive of pre-employment materials. A faculty unit employee shall have access to pre-employment materials in instances in which such materials are used in subsequent personnel actions other than appointments.

 

11.11         A faculty unit employee may request an appointment(s) for the purpose of inspecting his/her Personnel Action File. Such appointment(s) shall be scheduled promptly during normal business hours. The manner of inspection shall be subject to reasonable conditions. The faculty unit employee shall have the right to have another person of the employee's choosing accompany him/her to inspect the Personnel Action File.

 

11.12         Following receipt of a faculty unit employee's written request, the appropriate administrator shall, within fourteen (14) days of the request, provide a copy of all requested materials. The faculty unit employee may be required to bear the cost of duplicating such materials.

 

11.13         If, after examination of the Personnel Action File, the faculty unit employee believes that any portion of the file is not accurate, he/she may request in writing a correction of the material or a deletion of a portion of the material, or both. Such a request shall be addressed to the custodian of the file, with
copies to the appropriate faculty committee, if such material was generated by a faculty committee, and the appropriate administrator. The request shall include a written statement by the faculty unit employee describing corrections and/or deletions that he/she believes should be made, and the facts and reasons supporting such request. Such request shall become part of the Personnel Action File, except in those instances in which the disputed material has been removed from the file.

 

11.14         If the request is denied by the custodian of the file, the faculty unit employee shall have a right to submit the request to the President no later than seven (7) days after the date of such a denial. Within twenty-one (21) days of receipt of such request of the President, the President shall provide a written response to the faculty unit employee. If the President grants the request, the record shall be corrected or the deletions made, and the faculty unit employee shall be sent a written statement to that effect. If the President denies the request, the response shall include the reason(s) for denial.

 

11.15         The Personnel Action File shall be held in confidence. Access to a faculty unit employee's Personnel Action File shall be limited only to persons with official business. The custodian shall log all instances of access to a Personnel Action File. Such a log record shall be a part of the Personnel Action File.

 

11.16         The Personnel Action File shall indicate the location of other records regarding a faculty unit employee kept on the campus to which the faculty unit employee has access in accordance with statute.

 

11.17         Campus medical records and campus police records shall not be subject to this Article.

 

 

 


ARTICLE 12

APPOINTMENT

 

 

12.1           After considering the recommendations, if any, of the department or equivalent unit and the appropriate administrator, appointments of employees shall be made by the President. Appointments may be temporary, probationary, or tenured. Appointments shall be made through written notification by the President. No employee shall be deemed appointed in the absence of an official written notification from the President. An initial appointment may be made jointly in more than one academic department or equivalent unit. The President shall determine the proportion of assignment of activity for individuals holding joint appointments. The proportion of such an assignment may be changed by the President during the duration of the joint appointment.

 

12.2           Official notification to an employee of an appointment shall include the beginning and ending dates of appointment, classification, timebase, salary, rank when appropriate, employee status, assigned department or equivalent unit, and other conditions of employment. Each new faculty unit employee shall be advised no later than fourteen (14) days after the start of the quarter/semester where on campus a summary of the CSU benefits program is available. Each new faculty unit employee shall also be provided no later than fourteen (14) days after the start of the quarter/semester with written notification of the evaluation criteria and procedures in effect at the time of his/her initial appointment. In addition, pursuant to provision 15.3, the faculty unit employee shall be advised of any changes to those criteria and procedures prior to the commencement of the evaluation process.

 

Temporary Appointments

 

12.3           Temporary appointments may be for periods of a semester, a quarter, parts of a year, or one (1) or more years. Following two (2) semesters or three (3) quarters of consecutive employment within an academic year, a part-time temporary employee offered appointment to a similar assignment in the same department or equivalent unit at the same campus shall receive a one (1) year appointment. Such appointment shall be subject to the limitations stated in provision 12.5.

 

12.4           The official notification to a temporary employee shall also indicate that appointments automatically expire at the end of the period stated and do not establish consideration for subsequent appointments or any further appointment rights. No other notice shall be provided.


 

12.5           An appointment for a less than full-time temporary employee may be on a conditional basis. The conditions established at the time of appointment may relate to enrollment and budget considerations. If a class is canceled, the temporary employee shall be paid for class hours taught. Classes may be canceled any time prior to the third class meeting.

 

12.6           Full-time temporary employees, except Coaching Faculty Unit Employees, shall not be appointed on a conditional basis. Full-time Coaching Faculty Unit Employees may be appointed on a conditional basis, and those conditions may include, but shall not be limited to, adherence to NCAA by-laws and other NCAA regulations.

 

12.7           Each department or equivalent unit shall maintain a list of temporary employees who have been evaluated by the department or equivalent unit. If such an employee applies for a position in that department or equivalent unit or applicant pool for that department or equivalent unit, the faculty unit employee's previous periodic evaluations and his/her application shall receive careful consideration. If a temporary employee applies for a subsequent appointment and does not receive one, his/her right to file a grievance shall be limited to allegations of a failure to give careful consideration. Such a grievance would constitute an allegation of a contractual violation and would not be a "Faculty Status Matter" as defined in Article 10 of this Agreement.2

 

12.8           The list maintained by each department or equivalent unit pursuant to provision 12.7 above of temporary employees who have been evaluated by the department or equivalent unit shall also include the courses previously taught in the department.

 

12.9           Appointment of a temporary employee in consecutive academic years to a similar assignment in the same department or equivalent unit shall require the same or higher salary placement as in his/her previous appointment.

 

12.10         Upon completion of twenty-four (24) units on a semester campus, or the equivalent on a quarter campus, in the same department or equivalent unit, temporary employees shall receive a salary increase equivalent to the percentage of the negotiated SSI, provided that they meet the requirements of Article 31, only during years when the parties have agreed to provide Service Salary Step Increases pursuant to Article 31 of this Agreement.

 

12.11         A lecturer who receives a new appointment may be placed on the salary schedule above the maximum Service Salary Step Increase rate within his or her then-current salary range.


Three-Year Appointments

 

12.12         Beginning with the 2002/03 academic year, temporary faculty unit employees (excluding coaches) employed during the prior academic year and possessing six or more years of prior consecutive service on that campus, shall be offered a three-year temporary appointment. In addition to other provisions of this Agreement, the following special conditions shall apply:

 

a.          For purposes of this section, one year of service shall be considered employment of one (1) semester or two (2) quarters in the bargaining unit on a single CSU campus during a single academic year.  In calculating the six-year eligibility period service need not be continuous, but the entire six (6) year period must have been worked on a single campus in a single department.

 

b.         Three-year appointments will be issued for employment on each campus and in each department where the temporary faculty member has established eligibility.

 

c.          The time base of appointments provided here shall be as established under terms of the “similar assignment” language and precedents of Article 12.3 of this Agreement.

 

d.         The President shall decide the type and extent of course offerings for the department, consistent with current policies and procedures on each campus.

 

e.          Effective immediately, there shall be no “up front” evaluation before granting the appointment.

 

12.13         Temporary faculty (excluding coaches) holding three-year appointments shall have the expectation of appointment to subsequent three-year appointments except in instances of documented unsatisfactory performance or serious conduct problems.  These temporary faculty will be re-appointed after a three-year appointment unless there is insufficient work for which the faculty member is qualified.  In the event there is insufficient work to support the re-appointment at the previous time base, the time base of his/her successor three-year appointment may be reduced to reflect available work for which the temporary faculty member is qualified.

 

12.14         The application of provision 12.12 above shall not prohibit the President from making appointments in excess of  three (3) years for eligible temporary faculty unit employees.


 

12.15         Within thirty (30) days of the ratification of this Agreement, the Administration shall post in each department a list of temporary faculty who it believes eligible for a  three-year appointment pursuant to Section 12.12 above.   Any temporary faculty who are omitted from the list, but who believe they are eligible for a three-year appointment, shall come forward and identify themselves to the appropriate department chair within thirty (30) days of the posting.  The faculty member should provide any documentation in her/his possession which will assist in verifying eligibility.  

 

Temporary Faculty Range Elevation

 

12.16         Procedures for range elevation on the salary schedules shall be established at each campus by the President, after recommendation by the appropriate Academic Senate Committee.

 

12.17         Those eligible for lecturer range elevation shall be limited to lecturers who have no more SSI eligibility in their current range, and have served five (5) years in their current range.

 

12.18         Criteria for range elevation for temporary faculty (excluding coaches) shall be appropriate to lecturer work assignments.

 

12.19         Denial of range elevations shall be subject to the peer review process pursuant to provision 10.11 except that the peer panel’s decision shall be final.

 

12.20         On each campus the pool for funding successful lecturer range elevation appeals is limited to 4 steps per each 50 lecturer faculty eligible for range elevation.

 

Probationary Appointments

 

12.21         Initial probationary appointments and subsequent probationary appointments may be for a period of one (1) or more years. Initial probationary appointments commencing at a time other than the beginning of the academic year (i.e., winter or spring quarter or spring semester) shall last until the end of the succeeding academic year.

 

12.22         Recommendations regarding probationary appointments shall originate at the department or equivalent unit. Probationary appointment procedures shall include the following:

 

a.          Each department or equivalent unit shall elect a peer review committee of tenured employees for the purpose of reviewing and recommending individuals for probationary appointments. At the discretion of the president and upon request of the department these peer review committees may also include probationary employees.


 

b.         Each departmental peer review committee recommendation report shall be approved by a simple majority of the membership of that committee.

 

12.23         Probationary appointments are normally made at the Assistant Professor or equivalent librarian rank. The President may appoint an employee at a higher rank on the determination of merit consistent with provision 12.22.

 

Appointment at Another Campus

 

12.24         An employee may apply for appointment at another campus in his/her field of expertise.

 

12.25         An employee shall not be involuntarily appointed at another campus within the CSU.

 

Vacancy Announcements

 

12.26         Vacancy announcements of probationary positions shall be widely disseminated. Employees shall be informed of the location where all vacancy announcements for tenure-track positions from all campuses may be examined.

 

12.27         Vacancy announcements of temporary employee positions shall be available on the campus where such vacancies may exist. Employees and the CFA shall be notified of the location where such vacancy announcements may be examined.

 

12.28         The department or equivalent unit shall normally develop vacancy announcements. Such announcements shall be subject to approval by the appropriate administrator.

 

Preference for Available Temporary Work

 

12.29  

a.          In the event that the department determines that a need exists to assign new or additional work to temporary faculty unit employees, said work shall first be offered to incumbent temporary faculty in the department who:

 

1.         Hold less than a "1.0" time base;

2.         Hold three-year appointments in the department or equivalent unit;

3.         Have previously satisfactorily taught the course at any CSU campus or are otherwise qualified to perform the work in question; and

4.         Have performed their work in a satisfactory manner.


 

b.         If new or additional work is still available, incumbent temporary faculty who meet all criteria in (a) above except that they do not hold a three-year appointment shall next be offered the work.

 

c.          Following the procedure described in subsections (a) and (b) above, if new or additional work is still available for assignment to temporary employees in the department, said work may be offered to qualified temporary faculty or applicants who have not previously worked in the department.

 

Dedicated Lecturer Pay Raise Funding

 

12.30         Each department shall be provided with a pool of money sufficient to implement all contractually required increases for all temporary faculty unit employees in that department, and solely dedicated for that purpose.

 

12.31         The recruitment and appointment of tenure-track faculty shall take precedence over any appointment right and entitlement for temporary bargaining unit employees.  The work necessary to honor any conditional appointment right and entitlement for temporary bargaining unit employees may be used instead for the recruitment and appointment of new tenure-track faculty.

 

 

 

ARTICLE 13

PROBATION AND TENURE

 

 

Probationary Period

 

13.1           The term probationary faculty unit employee refers to a full-time faculty unit employee appointed with probationary status and serving a period of probation.

 

13.2           A probationary period is the period of service, prior to the granting or denial of tenure, credited to a faculty unit employee who has received a probationary appointment.

 

13.3           The normal period of probation shall be a total of six (6) years of full-time probationary service and credited service, if any.  Any deviation from the normal six (6) year probationary period shall be the decision of the President following his/her consideration of recommendations from the department or equivalent unit and appropriate administrator(s).


 

13.4           The President, upon recommendation by the affected department or equivalent unit, may grant to a faculty unit employee at the time of initial appointment to probationary status up to two (2) years service credit for probation based on previous service at a post-secondary education institution, previous full-time CSU employment, or comparable experience.

 

13.5           The timelines for evaluation of probationary faculty unit employees shall be announced by the President after consideration of recommendations, if any, of the appropriate faculty committee(s).

 

13.6           A year of service for a faculty unit employee in an academic year position is two (2) consecutive semesters or three (3) consecutive quarters of employment within an academic year. For an academic year faculty unit employee at a campus with a quarter system year-round operation (QSYRO), however, a year of service is any three (3) quarters in a period of four (4) consecutive quarters. A year of service for a faculty unit employee in a twelve (12) month position is any consecutive twelve (12) months of full-time employment. A year of service for a faculty unit employee in a ten (10) month position is ten (10) months of full-time employment within a twelve (12) month period of time. The (10) months of required service for each twelve (12) month period shall be determined by the President upon appointment of the faculty unit member. For the purpose of calculating the probationary period, a year of service commences with the first fall term of appointment.

 

13.7           A faculty unit employee's probationary period may be extended by the President for an additional year when such faculty unit employee is on Workers’ Compensation, Industrial Disability Leave, Nonindustrial Disability Leave, leave without pay, or paid sick leave for more than one (1) semester or two (2) consecutive terms.  Faculty taking a one-year leave of absence for pregnancy/birth or adoption shall be allowed to “stop the tenure clock” for a period of one year.

 

13.8           A faculty unit employee's application for Workers’ Compensation, Industrial Disability Leave, or Nonindustrial Disability Leave shall not affect determinations regarding the award of tenure.

 

13.9           A probationary faculty unit employee shall be subject to a Performance Review pursuant to Article 15, Evaluation, for the purpose of retention.

 

13.10         The President shall review and consider the Performance Review recommendations and relevant material and make a final decision on retention.

 

13.11         The President shall notify a probationary faculty unit employee who has served fewer than two (2) years of probation of the final decision on retention no later than February 15.


 

13.12         The President shall notify a probationary faculty unit employee who has served more than two (2) years of probation of a final decision on retention, appointment with tenure, or a terminal year appointment no later than June 1. Official notification to a probationary faculty unit employee of a terminal year appointment shall indicate that the faculty unit employee has no further appointment rights. Terminal year appointments shall be limited to probationary faculty unit employees who have served a minimum of three (3) years of probation.

 

Tenure

 

13.13         A faculty unit employee awarded tenure at a campus has the right to continued permanent employment at the campus as a faculty unit employee except when such employment is voluntarily terminated or is terminated by the Employer pursuant to this Agreement or law.

 

13.14         A probationary faculty unit employee shall be subject to a Performance Review for the purpose of award of tenure, pursuant to the Performance Review provision in Article 15, Evaluation.

 

13.15         The President shall review the Performance Review recommendations and relevant material and make a final decision as to the award or denial of tenure to a probationary faculty unit employee. For probationary employees holding a joint appointment in more than one (1) department or equivalent unit, the President shall make a single decision regarding retention and tenure.

 

13.16         The President may award tenure to any individual, including one whose appointment and assignment is in an administrative position, at the time of appointment. Appointments with tenure shall be made only after an evaluation and recommendation by the appropriate department. Criteria and standards for recommendations shall be those established in accordance with procedures on that campus.

 

13.17         The President shall officially notify the probationary faculty unit employee of the final decision on the award or denial of tenure no later than June 1.  The lack of official notice shall not result in the award of tenure.  If tenure is denied, the President shall notify the faculty unit employee by June 1 of a subsequent probationary appointment or a terminal year appointment.  Terminal year appointments shall be limited to probationary faculty unit employees who have served a minimum of three (3) years.  Official notification to a faculty unit employee of the denial of tenure shall include the statement that he/she has no further reemployment rights. 

 

13.18         The President may award tenure to a faculty unit employee before the normal six (6) year probationary period.

 

13.19         Tenure shall be effective at the beginning of the academic year succeeding the year in which tenure is awarded.


ARTICLE 14

PROMOTION

 

 

14.1           Promotion shall be the advancement of a probationary or tenured faculty unit employee who holds academic or librarian rank to a higher academic or librarian rank, or advancement of a Counselor Faculty Unit Employee to a higher classification.

 

14.2           A probationary faculty unit employee shall not normally be promoted during probation. However, a faculty unit employee in the rank of instructor or librarian equivalent may be considered for promotion after completing one (1) year of service in rank. Probationary faculty unit employees shall not be promoted beyond the rank of Associate. A probationary faculty unit employee shall normally be considered for promotion at the same time he/she is considered for tenure.

 

14.3           The promotion of a tenured faculty unit employee shall normally be effective the beginning of the sixth (6th) year after appointment to his/her current academic rank/classification. In such cases, the performance review for promotion shall take place during the year preceding the effective date of the promotion. This provision shall not apply if the faculty unit employee requests in writing that he/she not be considered.

 

14.4           In some circumstances, a faculty unit employee may, upon application and with a positive recommendation from his/her department or equivalent unit, be considered for promotion to professor, librarian equivalent, or SSP-AR Level III, prior to having satisfied the service requirements of provision 14.3 above.

 

14.5           Timelines for the promotion process shall be announced by the President after consideration of the recommendations, if any, of the appropriate faculty committee(s). Promotion applications shall not normally be accepted after the announced timeline for applications.

 

14.6           Faculty unit employees shall be subject to a Performance Review for the purposes of promotion, pursuant to Article 15, Evaluation.

 

14.7           Prior to the final decision, candidates for promotion may withdraw without prejudice from consideration at any level of review.

 

14.8           The President shall review and consider the Performance Review recommendations, relevant material and information, and the availability of funds for promotion. The President shall make a final decision on promotion. For individuals holding a joint appointment in more than one (1) department or equivalent unit, the President shall make a single decision regarding promotion.


 

14.9           The President shall notify the faculty unit employee in writing of the final decision on the promotion no later than June 15. Such response shall include the reasons for approval or denial and shall indicate the effective date of the promotion, if any.

 

 

ARTICLE 15

EVALUATION

 

 

General Provisions

 

15.1           The term "evaluation" as used in this Article shall refer to either a Periodic Evaluation or a Performance Review.

 

15.2           Faculty unit employees, students, academic administrators, and the President may contribute information to the evaluation of a faculty unit employee. Information submitted by the faculty unit employee and by academic administrators may include statements and opinions about the qualifications and work of the employee provided by other persons identified by name. Only tenured full-time faculty unit employees and academic administrators may engage in deliberations and make recommendations to the President regarding the evaluation of a faculty unit employee.

 

15.3           Evaluation criteria and procedures shall be made available to the faculty unit employee and to the evaluation committee and the academic administrators prior to the commencement of the evaluation process. Once the evaluation process has begun, there shall be no changes in criteria and procedures used to evaluate the faculty unit employee during the evaluation process.

 

15.4           The appropriate faculty unit committee may recommend timelines for conducting evaluations. All evaluations shall be conducted and completed within the period of time specified by the President. The Working Personnel Action File shall be forwarded in a timely manner to the next level of review.

 

15.5           At all levels of review, before recommendations are forwarded to a subsequent review level, faculty unit employees shall be given a copy of the recommendation and the written reasons therefor. The faculty unit employee may submit a rebuttal statement or response in writing and/or request a meeting be held to discuss the recommendation within seven (7) days following receipt of the recommendation. A copy of the response or rebuttal statement shall accompany the Working Personnel Action File and also be sent to all previous levels of review. This section shall not require that evaluation timelines be extended.

 

15.6           Administrative Level Reviews shall be conducted by the appropriate administrators.


 

15.7           The Working Personnel Action File shall be forwarded to the President who shall review and consider all materials thus submitted.

 

15.8           The Working Personnel Action File shall be defined as that file specifically generated for use in a given evaluation cycle. That file shall include all required forms and documents, all information specifically provided by the employee being evaluated, and information provided by faculty unit employees, students, academic administrators. It shall also include all faculty and administrative level evaluation recommendations from the current cycle, and all rebuttal statements and responses submitted.

 

15.9           Materials for evaluation submitted by a faculty unit employee shall be deemed incorporated by reference in the Personnel Action File, but need not be physically placed in the file. An index of those materials shall be prepared by the faculty unit employee at the beginning of the cycle and submitted with the materials. That index shall be permanently placed in the Personnel Action File and appropriately updated to reflect any material added to the file during the course of the evaluation cycle. Materials incorporated by reference in this manner shall be considered part of the Personnel Action File for the actions set forth in provision 15.12c of this Article. Indexed materials shall be returned to the faculty unit employee.

 

15.10         Deliberations pursuant to this Article shall be confidential.

 

15.11         Recommendations pursuant to this Article shall be confidential except that the affected faculty unit employee, appropriate administrators, the President, and the peer review committee members shall have access to written recommendations.

 

15.12

a.          Prior to the beginning of the review process, the faculty unit employee subject to review shall be responsible for the identification of materials he/she wishes to be considered and for the submission of such materials as may be accessible to him/her. Evaluating committees and administrators shall be responsible for identifying and providing materials relating to evaluation not provided by the employee.

 

b.         A specific deadline before the recommendation is made at the first level of evaluation shall be established by campus policy at which time the Personnel Action File is declared complete with respect to documentation of performance for the purpose of evaluation. Insertion of material after the date of this declaration must have the approval of a peer review committee designated by the campus and shall be limited to items that became accessible after this declaration. Material inserted in this fashion shall be returned to the initial evaluation committee for review, evaluation and comment before consideration at subsequent levels of review. If, during the review process, the
absence of required evaluation documents is discovered, the Working Personnel Action File shall be returned to the level at which the requisite documentation should have been provided. Such materials shall be provided in a timely manner.

 

c.          Personnel recommendations or decisions relating to retention, tenure, or promotion or any other personnel action shall be based on the Personnel Action File. Should the President make a personnel decision on any basis not directly related to the professional qualifications, work performance, or personal attributes of the individual faculty member in question, those reasons shall be reduced to writing and entered into the Personnel Action File and shall be immediately provided the faculty member. For the purposes of this section, course assignments shall not be considered personnel actions. However, course assignments shall not be punitive in nature.

 

d.         A request for an external review of materials submitted by a faculty unit employee may be initiated at any level of review by any party to the review. Such a request shall document (1) the special circumstances which necessitate an outside reviewer, and (2) the nature of the materials needing the evaluation of an external reviewer. The request must be approved by the President with the concurrence of the faculty unit employee.

 

15.13         The periodic or performance review for individuals holding a joint appointment in more than one (1) academic department or equivalent unit shall be conducted by each department in which the individual holds an appointment or in accordance with campus procedures may be conducted by a committee with representation from each department in which the individual holds an appointment.

 

 

Process for Student Evaluations of Teaching

 

15.14         Written student questionnaire evaluations shall be required for all faculty unit employees who teach. A minimum of two (2) classes annually for each faculty unit employee shall have such written student evaluations. Student evaluations shall be conducted in classes representative of the faculty unit employee's teaching assignment. The results of these evaluations shall be placed in the faculty unit employee's Personnel Action File. Unless consultation with an academic unit has resulted in an agreement by the administration and faculty to evaluate all classes, the classes to be evaluated shall be jointly determined in consultation between the faculty unit employee being evaluated and his/her department chair. In the event of disagreement, each party shall select 50% of the total courses to be evaluated.

 

15.15         Students may, with the concurrence of the department and administrator, be provided an opportunity to consult with the department peer review committee.


 

15.16

a.          Student evaluations collected as part of the regular student evaluation process shall be anonymous and identified only by course and/or section. The format of student evaluations shall be quantitative (e.g., "Scantron" form, etc.) or a combination of quantitative and qualitative (e.g., space provided on the quantitative form for student comments).

 

b.         Any student communications or evaluations provided outside of the regular evaluation process must be identified by name to be included in a Personnel or Personnel Action File.

 

15.17         A student evaluation program for Librarians may be developed at the campus level. If such a program is established, the evaluation process shall be developed by a committee comprised of faculty unit employees and administrators in the Library.

 

Periodic Evaluation

 

15.18         A periodic evaluation of a faculty unit employee shall normally be required for the following purposes:

 

a.          Evaluation of temporary faculty unit employees (see 15.21 — 15.24).

 

b.         Evaluation of probationary faculty unit employees who are not subject to a Performance Review (see 15.25 — 15.28).

 

c.          Evaluation of tenured faculty unit employees who are not subject to a Performance Review for promotion (see 15.29 — 15.31).

 

15.19         Periodic evaluation procedures shall be approved by the President after consideration of recommendations from the appropriate faculty committee(s). Such procedures shall, for tenure-track faculty unit employees who teach, include, but not be limited to, student evaluations of teaching performance, peer reviews and administrative reviews. Department chairs may make separate recommendations as a part of the periodic evaluation process. If such a separate recommendation is to be made the chair shall not participate as a member of the department peer committee.

 

15.20         The result of each stage of the periodic evaluation process shall be a written statement. Such statement with written rationale shall be placed in the Personnel Action File of the faculty unit employee in accordance with Article 11, Personnel Files.

 

Periodic Evaluation of Temporary Faculty Unit Employees

 

15.21         Full-time temporary faculty unit employees appointed for two or more semesters or three or more quarters, regardless of a break in service, must be evaluated in accordance with the periodic evaluation procedure. This
evaluation shall include student evaluations of teaching performance for those with teaching duties, peer review by a committee of the department or equivalent unit, and evaluations by appropriate administrators. Evaluation of full-time temporary Coaching Faculty Unit Employees shall include an opportunity for peer input and evaluation by appropriate administrators.

 

15.22         Part-time temporary faculty unit employees appointed for two (2) or more semesters or three (3) or more quarters, regardless of a break in service, shall be evaluated in accordance with the periodic evaluation procedure. Such evaluations shall include student evaluations of teaching performance for those with teaching duties, evaluations by appropriate administrators and/or department chair, and an opportunity for peer input from the department or equivalent unit. Evaluation of part-time temporary Coaching Faculty Unit Employees shall include an opportunity for peer input and evaluation by appropriate administrators.

 

15.23         A temporary faculty unit employee appointed for one (1) semester or two (2) quarters or less shall be evaluated at the discretion of the department chair, the appropriate administrator, or the department or equivalent unit. The employee may request that an evaluation be performed.

 

15.24         A written record of periodic evaluation shall be placed in the temporary faculty unit employee's Personnel Action File. The temporary faculty unit employee shall be provided a copy of the written record of the evaluation.

 

Periodic Evaluation of Probationary Faculty Unit Employees

 

15.25         If a probationary faculty unit employee is subject to a Performance Review as provided for in this Article, the Performance Review shall serve as the evaluation of the probationary faculty unit employee.

 

15.26         In an academic year or work year in which a probationary faculty unit employee is not subject to a Performance Review for retention, the probationary faculty unit employee shall be subject to periodic evaluation.

 

15.27         Periodic evaluations shall be conducted by the peer review committee of the department or equivalent unit, and the appropriate administrator. There shall be consideration of student evaluations of teaching performance, when teaching duties have been assigned and student evaluations are available.

 

15.28         A written record of a periodic evaluation shall be placed in the probationary faculty unit employee's Personnel Action File. A probationary faculty unit employee shall be provided a copy of the written record of the periodic evaluation.


Periodic Evaluation of Tenured Faculty Unit Employees

 

15.29         For the purpose of maintaining and improving a tenured faculty unit employee's effectiveness, tenured faculty unit employees shall be subject to periodic performance evaluations at intervals of no greater than five (5) years. Such periodic evaluations shall be conducted by a peer review committee of the department or equivalent unit, and the appropriate administrator. For those with teaching responsibilities, consideration shall include student evaluations of teaching performance.

 

15.30         A tenured faculty unit employee shall be provided a copy of the peer committee report of his/her periodic evaluation. The peer review committee chair and the appropriate administrator shall meet with the tenured faculty unit employee to discuss his/her strengths and weaknesses along with suggestions, if any, for his/her improvement.

 

15.31         A copy of the peer committee's and the appropriate administrator's summary reports shall be placed in the tenured faculty unit employee's Personnel Action File.

 

Performance Review

 

15.32         A Performance Review of a faculty unit employee shall normally be required for the following purposes:

 

a.          retention of a probationary faculty unit employee;

 

b.         award of tenure; and

 

c.          promotion.

 

15.33         A Performance Review shall consist of a minimum of the following reviews:

 

a.          evaluations of teaching performance, if the faculty unit employee teaches;

 

b.         peer reviews; and

 

c.          administrative reviews.

 

15.34

a.          Performance Review procedures shall be approved by the President after consideration of the recommendations of appropriate faculty committee(s).

 

b.         Department chairs may make separate recommendations. Such recommendations shall be forwarded to subsequent levels of review. If the chair makes a separate recommendation, he/she shall not participate as a member of the peer committee.


 

Recommendation Process for Performance Review

 

General Provisions

 

15.35         The probationary and tenured faculty unit employees of the department or equivalent unit shall elect a peer review committee of tenured full-time faculty unit employees for the purpose of reviewing and recommending faculty unit employees who are being considered for retention, award of tenure, and promotion. Probationary and tenured faculty unit employees shall elect tenured full-time faculty unit employees to serve on higher level peer review committee(s). When there are insufficient eligible members to serve on the peer committee, the department shall elect members from a related academic discipline(s).

 

15.36         A faculty unit employee shall not serve on more than one (1) committee level of peer review.

 

15.37         In promotion considerations, peer review committee members must have a higher rank/classification than those being considered for promotion. Faculty unit employees being considered for promotion are ineligible for service on promotion or tenure peer review committees.

 

15.38         Department and higher level peer review committee(s) may rank-order faculty unit employees recommended for promotion. The end result of a promotion ranking shall serve as a recommendation to the President.

 

15.39         Each peer review committee evaluation report and recommendation shall be approved by a simple majority of the membership of that committee.

 

15.40         The end product of each level of a Performance Review shall be a written recommendation. Such recommendation(s) shall be placed in the working Personnel Action File of the candidate.

 

15.41         If any stage of a Performance Review has not been completed within the specified period of time, the Performance Review(s) shall be automatically transferred to the next level of review or appropriate administrator and the faculty unit employee shall be so notified.

 

15.42         The President shall issue a decision regarding retention, award of tenure, or promotion. Such a decision shall be in writing and shall include the reasons for the decision. A copy of the decision shall be provided to the affected faculty unit employee and all levels of review. A copy of the decision shall be placed in the faculty unit employee's Personnel Action File.

 

 


ARTICLE 16

NON-DISCRIMINATION

 

 

16.1           It is the policy of the CSU to prohibit discrimination against faculty unit employees on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, pregnancy, age, disability, or veteran's status, including Vietnam Era veteran’s status.

 

16.2           There shall be a joint statewide committee of CFA representatives and administrators including the Senior Director, Employment Practices, for the purpose of gathering and exchanging information and discussing CFA concerns regarding faculty Affirmative Action programs and efforts to promote diversity in the CSU. The Committee may issue reports on the status of efforts to promote diversity in the CSU. The Committee may also make recommendations regarding efforts to facilitate the instruction of diverse student populations, which may be considered for future implementation.

 

 

ARTICLE 17

TEMPORARY SUSPENSION

 

 

17.1           When the President determines that there exists strong and compelling evidence, the President may temporarily suspend with pay a faculty unit employee for reasons related to (a) the safety of persons or property, (b) the disruption of programs and/or operations, or (c) investigation for formal notice of disciplinary action.

 

17.2           The President shall notify the faculty unit employee in writing of the immediate effect of a temporary suspension, and whether the temporary suspension is related to (a) the safety of persons or property, (b) the disruption of programs and/or operations, or (c) an investigation for formal notice of disciplinary action.

 

17.3           The President shall notify the CFA whenever a faculty unit employee has been temporarily suspended, provided that the suspended faculty unit employee first consents to such notification to the CFA. Such notification shall take place within seven (7) days of the date the faculty unit employee is notified.

 

17.4           The President may terminate or extend a temporary suspension and shall so notify the faculty unit employee.


 

17.5           Unless earlier terminated by the President, a temporary suspension, including any extension of a temporary suspension, shall automatically terminate upon the service of formal notice of disciplinary action or thirty (30) days after its commencement, whichever first occurs. The thirty (30) day period may be extended for a specific period of time by mutual agreement of the President and the employee.

 

 

ARTICLE 18

REPRIMANDS

 

 

18.1           A faculty unit employee may receive from an appropriate administrator an oral and/or written reprimand.

 

18.2           A faculty unit employee shall be provided with a copy of a written reprimand at least five (5) days prior to the possible placement of such a reprimand in the faculty unit employee's Personnel Action File.

 

18.3           A faculty unit employee may request, no later than fourteen (14) days after receipt of the written reprimand pursuant to provision 18.2 above, a conference with the appropriate administrator who issued the reprimand to discuss the reasons for reprimand. Such a request shall not be unreasonably denied. The faculty unit employee may be represented at such a conference by another faculty unit employee or a CFA representative.

 

18.4           The appropriate administrator may at any time retract a reprimand or modify a reprimand. The appropriate administrator shall notify the faculty unit employee of such retractions or modifications.

 

18.5           A written reprimand shall be placed in the official personnel file of the affected faculty unit employee and shall be subject to Article 11, Personnel Files.

 

18.6           The faculty unit employee shall have the right to attach a rebuttal to a written reprimand and/or request correction of the record pursuant to Article 11, Personnel Files.

 

18.7           Upon the faculty unit employee's request, and three (3) years from its effective date, a reprimand in the Personnel Action File shall be permanently removed. A statement verifying the permanent removal of the reprimand shall be provided the faculty unit employee. Neither the request for such a removal nor the statement verifying the removal shall be placed in the official Personnel Action File. This provision shall not be implemented under the following conditions:


 

a.          a notice of disciplinary action has been served on a faculty unit employee and such a reprimand is related to the pending disciplinary action; or

 

b.         a subsequent reprimand(s) of a similar nature has been placed in the Personnel Action File within the three (3) year period.

 

 

 

ARTICLE 193

DISCIPLINARY ACTION PROCEDURE

 

 

Scope of Disciplinary Action

 

19.1           Sanctions imposed in a disciplinary action shall be limited to dismissal, demotion, or suspension without pay.

 

19.2           Disciplinary action shall not include denial of appointment, separation during a temporary appointment, rejection during probation, denial of tenure, denial of promotion, reappointment, reassignment, transfer, layoff, reprimand, temporary suspension with pay, or any other personnel action or recommendation or decision except those in provision 19.1 of this Article. Recommendations or decisions in the appointment, reappointment, probation, tenure, promotion, reassignment, transfer, layoff, reprimand, or temporary suspension processes are not disciplinary actions and are not subject to the disciplinary action procedures of this Agreement.

 

Informal Resolution Prior to Notice of Pending Disciplinary Action

 

19.3           Nothing contained in this Article shall be interpreted to preclude a voluntary attempt by the parties to informally resolve potential disciplinary actions, whenever possible, prior to the notice of pending disciplinary action. The parties agree that this attempt at informal resolution may not occur in cases that involve either the safety of campus persons or property, or the disruption of campus programs and/or operations. Such attempts at informal resolution shall not preclude the University from relying upon, at any future disciplinary proceeding, evidence gathered during the investigation of the alleged misconduct by the faculty unit employee.


 

Notice of Pending Dismissal, Demotion or Suspension Without Pay

 

19.4           The President shall initiate the disciplinary action process by written notice of pending disciplinary action served in person or served by certified mail return receipt requested to the affected faculty unit employee. The faculty unit employee shall be informed in this notice that the sanction specified in the notice shall be imposed unless, following review of the matter, the President notifies the faculty unit employee otherwise.

 

19.5           The notice of pending disciplinary action shall include:

 

a.          the cause(s) for disciplinary action;

 

b.         the pending sanction;

 

c.          the proposed effective date of the pending sanction;

 

d.         the appropriate administrator designated by the President to review the matter;

 

e.          the right of the faculty unit employee to appeal pending disciplinary action and to have the matter heard; and

 

f.            a copy of this Article.

 

Acceptance of Disciplinary Action

 

19.6           The faculty unit employee may accept the pending disciplinary action at any time by filing a letter of acceptance of the disciplinary action with the President. An acceptance of disciplinary action shall result in the imposition of the pending sanction, but is not an admission by the faculty unit employee to the allegations of misconduct. Failure of a faculty unit employee to appeal a pending disciplinary action pursuant to this Article shall result in imposition of the pending sanction.

 

Review of Pending Disciplinary Action

 

19.7           Within ten (10) days of receipt of the notice of pending disciplinary action and at a time and place mutually acceptable to the affected faculty unit employee and the appropriate administrator, the faculty unit employee and a CFA representative, if any, may meet with the appropriate administrator designated by the President and his/her representative (if any) to review the notice, the reason(s), and the evidence. The faculty unit employee may respond orally or in writing. Such a written response (if any) shall be directed to the appropriate administrator within seven (7) days of the meeting or within fourteen (14) days of the notice of pending disciplinary action in the cases when no meeting takes place. A copy of such written response may be provided to the President. The appropriate administrator designated by the
President shall not have been directly involved in the initiation of the pending disciplinary action.

 

19.8           Based upon the review and the response, if any, of the affected faculty unit employee, the appropriate administrator shall issue a report to the President within five (5) days of the response of the affected faculty unit employee or within fifteen (15) days of the notice of pending disciplinary action in cases when no response is submitted. The President shall consider the report of the appropriate administrator.

 

19.9           Within five (5) days of receipt of the report, the President shall notify the affected faculty unit employee of his/her decision to rescind, modify, or affirm the pending disciplinary action. The effective date of such disciplinary action shall be included in this notification. Such an effective date shall be at least twelve (12) days from the date of this notification except as provided in provisions 19.12a and 19.12b. This notice shall be the notice issued by the CSU for purposes stated in Education Code Section 89538 and Section 89539. The time requirements of provisions 19.7 through 19.9 may be extended by mutual agreement between the faculty unit employee and the CSU.

 

Disciplinary Action Appeal Process

 

19.10         A faculty unit employee may appeal a pending disciplinary action by selecting one of the two following appeal options:

 

a.          Within ten (10) days of receipt of the notification pursuant to provision 19.9 above, a faculty unit employee may file a written notice of appeal with the President in accordance with the Disciplinary Action Arbitration Procedure, provisions 19.13 - 19.22 below. Such a notice of appeal shall include the name and title of the CFA representative. Such notice shall be accompanied by a detailed statement of the disputed facts and defenses to the allegation of misconduct.

 

b.         Within ten (10) days of receipt of the notification pursuant to provision 19.9 above, a faculty unit employee may file a written notice of appeal with the President indicating an intent to request a hearing of the matter by the State Personnel Board as provided in Section 89539 of the Education Code. Such notice shall be accompanied by a detailed statement of the disputed facts and defenses to the allegation of misconduct. A request for a hearing by the State Personnel Board must be filed with the State Personnel Board within twenty (20) days of receipt of the notification pursuant to provision 19.9 above.

 

19.11         Filing the notice of one (1) of the two (2) disciplinary action appeal options pursuant to provision 19.10 above shall constitute a final and binding decision by the affected faculty unit employee.


 

Imposition of Sanction

 

19.12

a.          If, pursuant to provision 19.10a, the affected faculty unit employee notifies the President of an appeal involving the sanction of suspension without pay for thirty (30) days or less, the CFA and the CSU may agree that the sanction shall be held in abeyance pending a final arbitration award and its implementation.

 

b.         If, pursuant to provision 19.10a, the affected faculty unit employee notifies the President of an appeal involving the sanction of suspension without pay for more than thirty (30) days, demotion, or dismissal, the CSU shall hold the sanction in abeyance pending a final arbitration award and its implementation.

 

Disciplinary Action Arbitration Procedure

 

19.13         No later than ten (10) days after the decision to submit the pending disciplinary action to disciplinary action arbitration, CFA and the Office of the Chancellor shall agree on a mutually acceptable arbitrator or shall jointly request the American Arbitration Association to supply a list of arbitrators pursuant to its rule.

 

19.14         Upon receipt of the names of proposed arbitrators, the parties shall alternately strike names from the list until one (1) person is ultimately designated as the arbitrator. The decision as to which party strikes first shall be determined by lot. Any appeal of a disciplinary action shall be considered withdrawn if the parties have not, within twelve (12) months after the CFA has submitted the pending disciplinary action to arbitration, agreed upon a date and scheduled the case for hearing with the arbitrator assigned to the case. This provision shall be extended for an additional thirty (30) days at a time, in cases where the Union has agreed to dates proposed by an arbitrator which are unacceptable to the CSU.

 

19.15         It shall be the function of the arbitrator to determine whether cause for disciplinary action existed and to affirm, modify, or deny the sanction or pending sanction.

 

19.16         Within ten (10) days from the date the hearing is closed, the arbitrator shall issue to the parties a written award stating the decision on the issue(s) submitted. Copies of the award shall be provided to the parties. The award shall be final and binding on the parties.

 

19.17         The arbitrator shall provide a complete written decision setting forth his/her findings, reasons, and conclusions on the issue(s) submitted no later than thirty (30) days after the award is issued. Copies of the complete decision shall be provided to the parties.


 

19.18         The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply except when the specific language of this Agreement is in conflict, in which case the specific language of the Agreement shall apply.

 

19.19         The arbitrator's award shall be based solely upon the evidence and arguments appropriately presented by the parties in the hearing and upon any post-hearing briefs by the parties.

 

19.20         The arbitrator shall have no power to alter, add to, detract from, or amend the provisions of this Agreement. The arbitrator shall be without power to make an award which requires the commission of an act prohibited by law, or an omission of an act required by law, or which is violative of the specific terms and conditions of this Agreement.

 

19.21         The award of the arbitrator may include back pay provided, however, that any back pay award shall be less the difference of any unemployment compensation received.

 

19.22         Each party shall bear the expenses of preparing and presenting its own case. The affected faculty unit employee, the CFA representative, if any, and witnesses who are CSU employees called before the arbitrator shall be provided with release time for the official hearing. The cost for the services of the arbitrator shall be borne by the CSU.

 

Pre-Sanction Suspension

 

19.23         When the President determines it is in the best interests of the campus, he/she may suspend with pay a faculty unit employee who has been served with a Notice of Pending Dismissal, Demotion, Suspension Without Pay pursuant to provision 19.4 of this Article. Such a suspension may continue until imposition of sanction or a final award pursuant to this Article or pursuant to Education Code 89539.

 

19.24         The affected faculty unit employee shall be notified in writing of such a suspension with pay. The President may terminate such a suspension at any time. The affected faculty unit employee shall be notified in writing of such a termination.


 

Pre-Sanction Reassignment

 

19.25         When the President determines it is in the best interests of the campus, he/she may reassign a faculty unit employee who has been served with a Notice of Dismissal, Demotion, Suspension Without Pay pursuant to provision 19.4 of this Article. Such a reassignment shall be without a change in salary. Such a reassignment may continue until imposition of sanction or a final award pursuant to this Article or pursuant to Education Code 89539. The affected faculty unit employee shall receive written notification of reassignment and a written notification of termination of reassignment, when appropriate. Such a reassignment shall not be considered a punitive reassignment.

 

 

ARTICLE 20

WORKLOAD

 

 

Instructional Faculty: Professional Responsibilities

 

20.1      

a.          The primary professional responsibilities of instructional faculty members are: teaching, research, scholarship, creative activity, and service to the University, profession and to the community.

 

 

b.         Faculty members have additional professional responsibilities such as: advising students, participation in campus and systemwide committees, maintaining office hours, working collaboratively and productively with colleagues, and participation in traditional academic functions.

 

c.          The performance of instructional responsibilities extends beyond duties in the classroom and includes such activities as: preparation for class, evaluation of student performance, syllabus preparation and revision, and review of current literature and research in the subject area, including instructional methodology. Research, scholarship and creative activity in the faculty member's field of expertise are essential to effective teaching. Mentoring students and colleagues is another responsibility that faculty members are frequently expected to perform.

 

d.         The professional responsibilities of faculty members include research, scholarship and creative activity which contribute to their currency, and the contributions made within the classroom and to their professions. The professional responsibilities of faculty members are fulfilled by participation in conferences and seminars, through academic leaves and sabbaticals that provide additional opportunities
for scholarship and preparation, and through a variety of other professional development activities.

 

e.          The parties understand that instructional faculty members may not normally participate in all activities identified in this Article during each academic term or year.

 

20.2

a.           The composition of professional duties and responsibilities of individual faculty cannot be restricted to a fixed amount of time, and will be determined by the appropriate administrator after consultation with the department and/or the individual faculty member.

 

b.          The instructional assignments of individual faculty members in the classroom, laboratory, or studio, will be determined by the appropriate administrator after consultation with the department chair or designee and/or the individual faculty member. The department or other appropriate unit's overall instructional or course assignments shall be consistent with department and student needs.

 

c.           The scheduling of academic leaves, sabbaticals, and other professional responsibilities will be determined by the appropriate administrator after consultation with the department chair or designee and/or the individual faculty member and shall be consistent with campus policies on such matters.

 

d.          The parties agree to continue the current practice regarding the calculation of Weighted Teaching Units for the purpose of determining timebase for both appointment and benefits eligibility.

 

20.3

a.          Members of the bargaining unit shall not be required to teach an excessive number of contact hours, assume an excessive student load, or be assigned an unreasonable workload or schedule.

 

b.         In the assignment of workload, consideration shall be given at least to the following factors: graduate instruction, activity classes, laboratory courses, supervision, distance learning, sports, and directed study. Consideration for adjustments in workload shall be given to at least the following: preparation for substantive changes in instructional methods, research, student teacher supervision, thesis supervision, supervision of fieldwork, and service on a University committee.

 

c.          In determining what is "excessive" or "unreasonable" under this section, the items listed under 20.3b, above, as well as the number of students seeking to take courses in the academic area, the distribution of student enrollment, the level of support provided the program, and the effects of the introduction of new instructional technologies, and the prior practices of the University shall be among the primary elements to be considered.
The parties agree that consideration of the prior practices of the University shall include the calculation of Weighted Teaching Units in prior years.

 

Work Year

 

20.4           The work year of an academic year employee shall not exceed one hundred eighty (180) workdays or days in lieu thereof. This provision shall not preclude the establishment of an academic year calendar equaling less than one hundred eighty (180) days. The campus academic calendar shall establish workdays of academic year employees.

 

20.5     Ten (10) Month Work Year

 

The work year of a full-time ten (10) month employee shall be the number of fiscal year workdays within the assigned ten (10) months. Such employees shall be available for scheduled assignments on fiscal year workdays or on any day of the week in lieu thereof within the assigned ten (10) months. The appropriate administrator shall determine the ten (10) months of an employee's work schedule.

 

20.6     Twelve (12) Month Work Year

 

The work year of a full-time twelve (12) month employee shall be the number of fiscal year workdays within the assigned twelve (12) months. Such employees shall be available for scheduled assignments on fiscal year workdays or on any day of the week in lieu thereof within the assigned twelve (12) months.

 

Work Hours — Casual Employment

 

20.7           Casual employment employees may be assigned on an hourly or a per job basis.

 

Substitute Assignments