Side-by-Side Comparison of 2005 CFA and CSU Sunshine Proposals

CFA SUNSHINE PROPOSALS

CSU SUNSHINE PROPOSALS

Article 1 - Recognition (CFA) Article 1 - Recognition (CSU)
1) Create and include in Unit 3 a new SSP-AR training classification

2) Re-write Recognition clause and associated side agreement to reflect current state of the law and bargaining unit determinations in regard to student-employees

3) Affirm status of athletic trainers as Unit 3 members

Make provision reference clarifications as necessary
Article 2 - Definitions (CFA) Article 2 - Definitions (CSU)
4) Clarify that the phrase "temporary faculty" as used throughout the contract includes all librarians, coaches and counselors holding temporary appointments unless specified to the contrary

(none)
Article 3 Effect of Agreement - (CFA) Article 3 Effect of Agreement - (CSU)
(none)
Discuss need to update in light of Supplemental MOU regarding CSU policy implementation
Article 5 Management Rights - (CFA) Article 5 Management Rights - (CSU)
(none)
Discuss need to update in light of Supplemental MOU regarding CSU policy implementation
Article 6 Union Rights - (CFA) Article 6 Union Rights - (CSU)
5) Allow for unlimited union leave reimbursable by CFA (to the department providing release time) at cost equal to the minimum base cost of replacement

6) Specify that union leave for lecturers does not reduce contractual entitlements and is in addition to entitlement time base

  • Reimbursement by CFA for all leave time at actual replacement costs (salary and benefits)

  • Clarify that CFA pays for the cost of production of all data requested pursuant to the Agreement

  • Clarify prohibition against use of e-mail for political advocacy

  • Article 9 Concerted Activities - (CFA) Article 9 Concerted Activities - (CSU)
    (none)
    Discuss issue of retaining original intent in the context of current PERB law
    Article 10 Grievance Procedure - (CFA) Article 10 Grievance Procedure - (CSU)
    7) Guarantee timely hearing of faculty grievances including through arbitration

    8) Implement SB 1212 as a faculty grievance procedure option

    9) Expand pool of arbitrators and provide for mid-contract replacement when necessary

    10) Provide that the party losing an arbitration be required to pay the cost of the proceeding

    11) Improve timely access to information needed for the processing of grievances

    12) Provide for the payment of interest in monetary cases where hearings and decisions are delayed beyond 6 months from filing to arbitration

    13) Establish penalties for repeat violations

  • Require grievant to cite specific contract provisions alleged to be violated (as opposed to the general reference to entire article in a contract) including facts to support the allegations.

  • Discuss issues related to the implementation of SB 1212

  • Clarify provision 10.6(n) that, absent mutual agreement to the contrary, hearings will be bifurcated when arbitrability issues exist

  • Clarify that CFA pays for the cost of production of all data requested pursuant to the Agreement

  • Specify the tolling of timelines will be only by mutual agreement of the parties (provision 10.27)

  • Article 12 Appointments - (CFA) Article 12 Appointments - (CSU)
    14) Clarify exclusions from "preference for work" provisions

    15) Create a standardized lecturer employment contract for use on all campuses

    16) Allow for compensated employment at the 16 WTU level

    17) Apply "similar assignment" concept to full-time lecturer appointments and make the concept applicable on quarter campuses after two consecutive quarters

    18) Specify that incumbent lecturers with contingent appointments for 6 WTUs or more on quarter campuses are “normally” appointed for at least two consecutive quarters.

    19) Implement ACR-73 language providing that qualified lecturers will be seriously considered for tenure-track appointments, establishing an interview requirement at a minimum

    20) Clarify 3-year appointment language to ensure at least one zero time base appointment in fourth year if no work is available

    21) Add detail to range elevation process including a set date for the commencement and conclusion of the process with payment of salary increases resulting from range elevation effective with the beginning of the next academic year

    22) Eliminate "temporary-temporary" work concept as found in the preference for work arbitration award

    23) Require that any appeal process resulting from the denial of range elevation be complete within 3 months of the appeal

    24) Delete 12.3 requirement for consecutive appointments at quarter campuses to establish similar assignment rights

  • Simplify and clarify current language and incorporate departmental order of work assignment in Article 12

  • Specify status quo that departmental order of assignment is not applicable to summer term assignments for extra pay

  • Change/clarify 3-year appointment requirements as necessary regarding subsequent appointments, time base establishments, etc.

  • Change/clarify new or additional work requirements as necessary regarding entitlements, definition, etc.

  • Specify status quo that entitlements under article 12 are superceded [sic] by any accreditation standards, including limits on hours taught by lecturer faculty

  • Specify status quo that under departmental order of assignment Visiting Professors are hired before Lecturers

  • Specify status quo that under departmental order of assignment full time is defined as 15 or more WTUs with no additional compensation

  • Specify SSI eligibility for part-time lecturers after 30 WTUs

  • Article 13 (and 22) Probationary Period - (CFA) Article 13 (and 22) Probationary Period - (CSU)
    (none)
    Clarify and harmonize provisions 22.8, 22.25 and 13.7 regarding credit for probationary period during various leaves of absence
    Article 15 Evaluations - (CFA) Article 15 Evaluations - (CSU)
    25) Ensure that evaluation criteria are appropriate to the actual work assignment

    26) Reduce evaluation cycle for three-year appointed lecturers

    27) Clarify timelines for the commencement of the evaluation process and require that any criteria or procedure to be used must be provided the faculty member before commencement of process or not used

    28) Clarify the role of temporary and probationary faculty in the evaluation process.

    29) Increase rebuttal period in evaluation process

    30) Require advance notice of classroom visitations and consultation between evaluator and the faculty member being evaluated

    31) Standardize number of classes to be evaluated in each cycle

  • Change provisions 15.2, 15.21 and 15.22 to permit probationary faculty to review temporary faculty

  • Change provisions 15.2, 15.34b, 15.35 and 29.19 to permit all FERP faculty, including those in full year_time appointments, to be eligible to be elected to serve on evaluation committees when evaluation is completed during FERP assignment

  • Article 17 Temporary Suspension - (CFA) Article 17 Temporary Suspension - (CSU)
    (none)
  • Amend provision 17.5 to allow presidential discretion in extending temporary suspension with pay

  • Article 19 Disciplinary Action Procedure - (CFA) Article 19 Disciplinary Action Procedure - (CSU)
    (none)
  • Clarify that, absent mutual agreement to the contrary, hearings will be bifurcated when arbitrability issues exist

  • Amend provision 19.6 to clarify that acceptance of sanction constitutes a waiver to any subsequent challenge of disciplinary action in any forum

  • Discuss issues related to the implementation of SB 1212

  • Article 20 Workload - (CFA) Article 20 Workload - (CSU)
    32) Establish 10/12 work plan for Counselors on a par with that provided librarians

    33) Establish specific, mandatory minimum workload credit for class sizes above normal limits

    34) Require that any teaching assignment be accompanied by indirect instructional workload credit

    35) Provide a department-based system to allow for the award of indirect instructional credit for tenure-track faculty to recognize their research, scholarship, and creative activity obligations

    36) Reduce student/faculty ratio

    37) Require departmental faculty election of department chairs

    38) Require reporting of workload data on a regular basis according to SRL categories for 11/1/04

  • Specify status quo that departmental order of assignment is not applicable to summer term assignments for extra pay

  • Change substitute duty in provision 20.8 from 20 to 30 days to coincide with 30 days of maternity/paternity leave

  • Provide for ability of semester YRO campuses to spread faculty workload, including that of FERP faculty, over summer sessions

  • Article 21 Summer Session - (CFA) Article 21 Summer Session - (CSU)
    39) Re-write article to reflect YRO and YRO arbitration decisions and prevent involuntary assignments to summer session work

    (none)
    Article 22 Leave of Absence Without Pay - (CFA) Article 22 Leave of Absence Without Pay - (CSU)
    40) Remove restrictions on LWOP for temporary faculty

    Reconcile provisions 22.10 and 23.4 to provide that maternity paternity leave is for 30 consecutive days and can begin to prepare for the arrival of child
    Article 23 Leaves with Pay - (CFA) Article 23 Leaves with Pay - (CSU)
    41) Increase bereavement leave

    42) Increase maternity/paternity leave

    Reconcile provisions 22.10 and 23.4 to provide that maternity paternity leave is for 30 consecutive days and can begin to prepare for the arrival of child
    Article 24 Sick Leave - (CFA) Article 24 Sick Leave - (CSU)
    43) Increase catastrophic leave donation maximum to 32 hours per year

    (none)
    Article 26 Fee Waiver - (CFA) Article 26 Fee Waiver - (CSU)
    44) Expand temporary faculty access to fee waiver

    45) Provide for the complete waiver of local campus fees

    (none)
    Article 27 Sabbatical Leaves - (CFA) Article 27 Sabbatical Leaves - (CSU)
    46) Increase number of guaranteed sabbatical leaves above 1991-92 levels according to the growth of the CSU faculty between then and now

    47) Allow for temporary faculty sabbaticals on same basis as tenure-track faculty using a full-time equivalent approach

  • Change provision 27.10b to provide new formula for the minimum number of sabbatical leaves that is tied to the number of eligible faculty employees

  • Change provision 27.11 so that salary determination for 12-month faculty is the same formula as for librarians

  • Clarify the salary for counselors on sabbatical leaves of absence

  • Article 29 FERP - (CFA) Article 29 FERP - (CSU)
    48) Allow temporary faculty with 7 or more years of full-time or full-time equivalent service to participate in the FERP program

    49) Include Counselors in the FERP program

    Terminate program

    [Note: The original CSU administration proposal was to: "Limit period of employment to 2 years" but the BOT modified that proposal. It now calls for ending the program.]
    Article 31 - Salary (and related salary schedule appendices) (CFA) Article 31 - Salary (and related salary schedule appendices)(CSU)
    50) Provide a guaranteed General Salary Increase (GSI) for each year of the successor contract

    51) Simplify the Unit 3 salary system to make it readily understandable and to make it easy to consistently administrate. [CFA will discuss its ideas as part of the Joint Salary Committee]

    52) Provide 7% department chair stipend increases for 12-month department chairs where such increases have not already been awarded; Develop definitions of appropriate responsibilities and compensation formulas by time-base and appointment (AY and 12-month) for department chairs. Include coordinators, directors, etc. in the chair compensation program.

    53) Expand market/equity adjustment program to include lecturers

    54) Address salary compression issues at the assistant professor level

    55) Remove contractual references to merit pay

    56) Develop long-term program to narrow or eliminate CPEC salary gaps by rank

    57) Provide non-GSI salary increases beyond current SSI maximums for all faculty, librarians, coaches and counselors who have reached their SSI maximums

    58) Remove/revise current SSI maximums

    59) Increase the number and value of SSI's

    60) Eliminate Lecturer L pay range and the lowest 3 steps of the A pay range to provide for an appropriate "living wage"

    61) Allow lecturers to bank "excess" WTUs for range SSI and range elevation and accumulate such credits across all campuses where the lecturer is employed

    62) July 1, 2005 effective date for 2005-06 pay increases regardless of the date of contract settlement

    63) Notify each unit member of current step, salary, and SSI eligibility (where applicable) at least once each academic year

    64) Require a salary premium for "late" lecturer assignment occurring after a specified cut off point tied to the beginning of classes

    65) Restore SSI award dates to eligibility date

  • Reform salary structure after considering the salary structure committee recommendations. Issues to include, but not be limited to:

    • Continuation of Service Salary Increase (SSI) program
    • Change/elimination of SSI maximum rates
    • SSI eligibility after promotion/range elevation when awarded FMI in prior rank/range
    • Clarify SSI counter determination by rank
    • SSI effective dates
    • Increases to top step on salary schedule for Assistant and Associate Professors not specifically determined by GSI amount
  • 12 month department chair stipend increases for the campuses where not yet implemented

  • Eliminate the reference to monthly stipend dollar amounts for department chairs and change to a percentage of salary

  • Compensation increases based upon faculty unit member's performance

  • Clarify that SSIs can be denied for performance reasons

  • No retroactive salary adjustments

  • Re-introduce Schedule C to Code 2322 - Special Sessions

  • Salary of Unit 3 faculty members appointed to Continuing Education assignment shall be pursuant to Continuing Education salary schedule

  • Article 32 - Benefits (CFA) Article 32 - Benefits (CSU)
    66) Provide health benefits to all part-time Unit 3 members working a 40% time base

    67) Provide reimbursement for licensure fee and expenses of continuing education requirements where required of faculty as part of their job assignment

    68) Freeze faculty parking rates and access guarantees at current levels. Establish a CSU Parking Authority governed by parking consumers to manage all CSU parking operations

    69) Include language from YRO Arbitration Award specifying that work performed in any State-supported term (YRO summer, Summer Quarter, or Summer Extension) qualifies for all benefit purposes

    70) Implement AB 2549 now without regard to a budget trigger

    71) Provide necessary legal and financial assistance to international faculty to meet legal residency requirements for continued employment

  • Raise parking fees to levels to those paid by students

  • Parking fees in parking lots can be different than in parking structures

  • Article 33 - Holidays (CFA) Article 33 - Holidays (CSU)
    72) Allow faculty member to use her/his personal holiday on a day of her/his choosing

    (none)
    Article 35 Outside Employment - (CFA) Article 35 Outside Employment - (CSU)
    (none)
    Mandate the disclosure of all outside employment
    Article 38 Layoff - (CFA) Article 38 Layoff - (CSU)
    73) Require that "lack of funds" or "lack of work" be factually established as the antecedent to layoff

    74) Provide recall rights for 3-year appointed lecturers

    75) Establish seniority requirement within lecturer cohorts (e.g. three-year appointees, one-year appointees, etc.

    76) Increase layoff notice periods

    77) Allow for zero time base appointments as an option to layoff

    Replace "seniority points" with "seniority date" throughout MOU
    Article 40 YRO - (CFA) Article 40 YRO - (CSU)
    (none)
  • Clarify/change the requirements of the Knapp arbitration decision as necessary

  • Specify status quo that departmental order of assignment is not applicable to summer term assignments for extra pay, and that tenured faculty are not given preference for summer term assignments for extra pay over probationary and lecturers

  • Specify that assignments for extra pay do not accrue toward SSI eligibility or entitlements

  • Provide for ability of semester YRO campuses to spread faculty workload, including that of FERP faculty, over summer sessions

  • Miscellaneous (CFA) Miscellaneous (CSU)
    78) Include a comprehensive contracting out clause in the collective bargaining agreement

    79) Add Summer and YRO references throughout

    80) Guarantee continued email access at end of appointment

  • Clarify the status quo that terms of the agreement do not apply to extension for credit faculty except when specifically provided

  • Clarify status quo that terms of the agreement do not apply to faculty re-hired after retirement

  • Appendix F - Discuss integration of supplemental Memoranda of Understanding into the body of the contract