On August 21, Management presented FFAP with a package proposal of 24 outstanding non-monetary issues. FFAP caucused to formulate a reply, after which FFAP presented a counter package proposal. Management asked for another caucus in order to formulate a reply. Their eventual response included six “No” to important FFAP issues, five “We can continue to discuss,” three “Move to monetary,” and two “Move to FDC work group.” As a result, we scheduled another bargaining meeting for Monday August 26. (Click here to sign up to observe). The following is a summary of items included in management’s proposal:
Management requested FFAP withdraw the following:
- Career Path for APs. After rejecting FFAP’s initial proposal to create a leadership distinction for APs similar to the Faculty Department Chair, the Federation asked management to sign a memo of understanding (MOU) committing HR staff to working with a group of APs over the next year to identify opportunities for APs to advance their careers, including opportunities to qualify for management positions. Management refused to sign an MOU or to commit the institution to further conversation on the matter.
- Transfer and Recall Rights for APs. The Federation presented a proposal that would guarantee APs who are affected by layoff or FTE reductions the right to transfer to any open position for which they were qualified. Management rejected FFAP’s proposal, as well as a followup proposal to sign an MOU agreeing to look at small groups of positions where job descriptions are similar, with the idea that employees whose jobs are very similar (but with different titles) could have increased opportunity to transfer.
- Benefits when Team Teaching – Management insists that instructors who team teach are splitting the work 50/50 and therefore any time spent beyond that cannot be used to qualify for increased salary or benefits, even when both instructors are present during classroom hours.
- Part time faculty Step Roll – allows faculty to be considered for step advancement twice per year instead of once per year. Management says it is too labor intensive.
- Part time Faculty compensation for district roles – FFAP requested that PT faculty be compensated at the same hourly rate that FT faculty receive for a step release.
- Best available instructor – management rejected FFAP’s request to define this or to work with us to create a matrix that aligns with YESS.
- FDC selection, training, assessment, onboarding – management requested that we move this to the FDC work group outside of bargaining.
- Campus Safety – management rejected our proposal to add more substantive language to the contract around safety, including mandatory paid training for all instructors.
On the following topics, Management presented counter proposals that included:
- Elimination of assignment rights, permanent adoption of multi-year contracts (MYCs) with full management discretion over how they are awarded, no screening committee requirements, and no right to grieve the termination of a MYC
- Eliminating Steps 1, 6, &7 on the AP pay scale, moving to a 4-Level system
- An updated grievance procedure contract article which weakens the current timeline language for FFAP.
- A separate Health and Safety contract article which inserts new progressive language, but doesn’t go far enough for FFAP members’ interests and protections.
Both sides agreed to move to economic discussions:
- Part time faculty compensation/pay equity
- Health insurance caps
- AP Leave Bank: allow it to be used for caregiving
- PT faculty sick leave
Background information can be found in previous bargaining updates but feel free to reach out to the bargaining team if you have questions about a specific issue.
- Housekeeping: Admin requested several changes to contract language updating titles to reflect current job titles. (T.A. signed on August 12)
- Article 3.64 and 3.12 (followup) Casual Professionals Admin and FFAP agreed on changes to the contract allowing casual employees to apply for temporary and permanent internal job postings. (T.A. signed on August 12)
- AP Duties and Compensation (followup) Discussion continued around career advancement opportunities for APs. Both management and FFAP expressed strong interest in this topic. Admin was cool to the idea of creating “Lead” or “Senior” designation for APs as proposed on August 9, but we discussed other possibilities, including working with managers to change the job requirements or creating more intermediate-level jobs. FFAP drafted a Memorandum of Understanding in which admin would commit to a joint committee that would work on this issue and present recommendations in Fall 2020. Admin was receptive but wanted to consult with other stakeholders about the language. The discussion around AP Levels 6&7 will be tackled during economic discussions.
- Article 25 Grievance Procedure (followup) Admin presented a counter-proposal to FFAP’s request to reduce the number of formal steps in the grievance process and clarify that the grievance timeline begins on the day the violation occurred OR the day on which the grievant became aware of the violation. Admin agreed to most of FFAP’s changes and the team will review the counter-proposal in more detail with the hope of reaching a T.A. at the next meeting.
- Article 24 Transfer and Recall Rights for APs Affected by Layoffs and FTE Reductions (followup) On August 9, FFAP proposed improving transfer opportunities for APs, so that an AP who receives a notice of layoff or FTE reduction can transfer to any open position at the College for which they are qualified. FFAP brought up the fact that many AP positions are very similar but with different titles. Admin was interested in seeing a list of these positions and suggested we may be able to get at this by aligning job titles. Admin is very resistant to the idea of giving up management discretion over hiring decisions.
- Article 7 Faculty Assessment (followup) FFAP and admin agreed to contract language stating that student evaluations should not be the sole basis of assessment for PT faculty. Both sides also agreed that PT instructors who teach in the same subject area at more than one campus/center will be given an initial assessment at each campus/center, but that FDCs and/or administrative supervisors will collaborate on future assessments. Finally, both sides agreed that results of student evaluations for FT faculty for at least one section per term will be made available to the Division Dean/administrative supervisor, and that if the faculty member does not identify the course prior to the start of the term, the dean/supervisor will have the discretion to select the course. (T.A. signed on August 12)
- Article 28 (followup) FFAP proposed that (1) faculty who make modifications to a shared online shell (work that is not compensated in the event of class cancelation) retain sole ownership of the modifications, and (2) faculty have access to their modifications even if the CRN is reassigned. Admin submitted a counter proposal agreeing to the #2 only.
- Article 27 (followup) Campus Safety Discussion continued around whether to include language about safety in the contract versus in college policies. Admin proposed a standalone article addressing safety (currently Safety is addressed alongside parking and facilities) and adding a preamble that would affirm the college’s commitment to preventing violence, improving communication protocols, and providing training, resources, and support for all employees. Admin is supportive of mandatory safety training for all faculty and is currently looking into the cost.
- Joint FFAP-Administration FDC Subcommittee (followup) (Management: Kurt Simonds, Jeremy Estrella, Jen Piper, and Karen Sanders. Faculty: Matt Stockton, Shannon Baird, Ken Friedrich, and Heather Mayer) (followup) Discussion continued around the recommendations of the subcommittee with the two sides close to agreement. We expect a T.A. at the next meeting.
- Due to potential financial impact, the following previously-discussed agenda items have been moved to economic bargaining, which is set to begin jointly with the PCC Federation of Classified Employees on August 14: Compensation for Independent Study Classes, AP Leave Bank.
*T.A. = Tentative Agreement, meaning both sides have agreed but the decision will not be put into effect until each side has voted to approve the final contract in its entirety.
Questions? Feedback? Contact the Bargaining team!
This update covers bargaining sessions held on July 19 and August 2, 2019.
- Article 4.211 Notice to PT Faculty re: Class Openings FFAP proposes requiring that unassigned class sections be offered to qualified PCC PT faculty before hiring outside the existing pool.
- Future of Multiyear Contracts (MYC) and Assignment Rights (AR ) FFAP proposes continuing MYCs, and making them multi-campus to meet the 1.5 FTE minimum, and creating a new tier of MYCs for current AR-holders. This would sunset ARs but guarantee one class per term to current AR holders.
- PT Faculty Career Path and Job Security FFAP proposes that PT teachers with five years of experience get an automatic interview when applying for MYCs and FT positions. FFAP also proposes using a matrix for determining who is the “best available instructor” when chairs or deans are assigning open sections, based on a variety of factors including professional development, student-centered and active learning course design, etc.
- PT Faculty Compensation for Non-Instructional Work FFAP proposes payment for non-instructional work of PT faculty, which will increase their involvement in college service as well as alleviate some workload challenges of FT faculty.
- Article 7.282 PT Faculty Assessment FFAP proposes that factors in addition to student evaluations be considered in PT faculty assessments.
- Article 24 Transfer and Recall Rights for APs Affected by Layoffs and FTE Reductions FFAP proposed improving transfer opportunities for APs, so that an AP who receives a notice of layoff or FTE reduction can transfer to any open position at the College for which they are qualified. Administration replied that employees may apply for open positions, but they want recruitment to be competitive and for managers to have sole discretion over who gets hired. FFAP asked for a counter proposal and Admin said they would consider.
- Article 8.23 and Article 16.3246 AP Teaching Stipends vs. Overload FFAP proposed contract language requiring managers to notify APs who teach whether they will be paid a stipend or instructional overload rate. Admin acknowledged the problem which has sometimes resulted in overpayment or underpayment of APs who teach. They did not accept FFAP’s contract language but agreed to work with FFAP to come up with a notification process by Winter term.
- AP Duties and Compensation FFAP proposed the creation of a “Lead” or “Senior” designation for APs, modeled on the Faculty Department Chair position for faculty, to recognize advanced qualifications and allow managers to delegate management-level responsibilities to APs. This would benefit APs who are looking to advance their careers and enable them to meet the minimum qualifications for management positions. FFAP also proposed changes to the AP compensation that would eliminate Levels 6&7 while increasing compensation for APs at every level. (The background is that AP 6&7 were created during 2005 negotiations but no AP has since been placed or reclassified at those levels, and management has said that it’s impossible under the current system for an AP to be placed in those levels.) Management was receptive and agreed to give us more formal feedback at the August 12 negotiations session.
- Article 19 AP Leave Bank FFAP requests that the AP Leave Bank be made available to APs who are caring for a sick or injured family member. This proposal was originally presented on May 17, and FFAP has followed up on this proposal at each subsequent bargaining session. Finally Administration rejected FFAP’s proposal, saying that leave bank was originally conceived as a way to help an employee who is waiting to qualify for long-term disability, and that it would be too complicated to implement this change alongside a new state law implementing paid family leave. FFAP pushed back, proposing a 2-year pilot or caps on the amount of hours and/or leave time the employee would be eligible to claim. Management appreciates the flexibility and committed to more discussion during the economic portion of bargaining.
- Article 19.82 (followup) Closures for Inclement Weather Administration agreed to change the contract language to require APs to make up the work as opposed to the time lost due to closures. (T.A* signed on August 2.)
- Article 19.84 (followup) Compensation for PT counselors, librarians, and tutors during closures. Management agreed to contract language stipulating that PT counselors, librarians, and tutors can be paid for closures provided they work by alternative means with supervisor’s approval. (T.A.* signed on Aug. 2)
- Article 5.42 (followup) PT Faculty Meeting Attendance FFAP seeks clearer language around PT faculty meeting participation to determine if attending staff meetings virtually will meet the requirements outlined in Article 5.42. Admin agreed to add contract language saying that participation in meetings can be fulfilled through other means such as virtual attendance with written authorization of the Division Dean. (T.A.* signed on August 2)
- Article 27 (followup) Campus Safety In May, FFAP proposed changes to Article 27 in light of recent, high-visibility acts of campus violence. FFAP also requested changes to the Student of Concern reporting and communication process, as well as mandatory, compensated training for all faculty and APs on assessing and addressing the threat of violence in the classroom and on campus. FFAP would also like to remove “Safety” from article 27 (which also covers facilities and parking) and create a standalone article to address safety. Management agreed to create a separate article for safety using existing contract language only, and cited the many efforts currently underway to address safety concerns at the college. There was some discussion about whether the other changes belonged in the contract or in college policies. Both sides committed to further discussion.
Joint FFAP-Administration FDC Subcommittee (Management: Kurt Simonds, Jeremy Estrella, Jen Piper, and Karen Sanders. Faculty: Matt Stockton, Shannon Baird, Ken Friedrich, and Heather Mayer) The subcommittee was convened to consider and recommend improvements to the Faculty Department Chair position, duties, and release/compensation. , FFAP presented the subcommittee’s recommendations with agreement to continue the discussion during the economic portion of bargaining. FDC Subcommittee recommendations include:
- Changing the FDC release and stipend formula to reflect the following goals:
- All CTE FDCs receive 50% release time and some LDC (Lower Division Credit) FDCs, such as Art and Biology, should receive credit for facilities management.
- No LDC FDCs should be harmed by the changes.
- The number of PT faculty under an FDC should be removed from the formula without reducing current FDC release and stipends..
- There should be a defined upper limit to FDC workload.
- The changes should be cost efficient.
- Allow PT Faculty to be appointed as FDCs if there is no other available and/or interested FT Faculty available or to be a co-FDC alongside a continuous appointment FDC.
- Implement three-year contracts for LDC (Lower Division Credit) FDCs except CTE instructors who have no specified contract duration. There are no term limits, but other interested faculty are allowed to apply for the position every cycle.
- PT Faculty assessments are valid district-wide, available to all relevant FDCs, and will be assigned by the hiring campus and/or by the relevant deans if a part-time instructor teaches at multiple campuses. A dean may request an additional assessment if an instructor is teaching at their campus for the first time.
- The FDC job description should express that, when applicable, it is considered a best practice for FDCs to consult with other discipline related FDCs across the district when making scheduling and hiring decisions. FDCs who lack an academic background in the hiring discipline shall consult with a discipline specific full-time faculty member when considering staffing needs.
- Increase the number of expected hours to be compensated for assessment up to five at the FDC rate.