|
~ CONTRACTUAL TEXT ~
ARTICLE 28: PART TIME FACULTY SENIORITY
ASSIGNMENTS
The work year and accountable time for all instructional and special
services faculty shall be assigned by the Appropriate Educational Administrator
("AEA") in accordance with Article 12, Article 14, and Article 15 of this
Agreement.
The AEA is one of the following: Vice President-Educational Programs
and Services, Provost, Dean, Associate Dean, and Associate Vice Presidents of
Student Services and Human Resources.
28.1
General Assignment Provisions
Temporary hourly
part-time assignments shall be offered in accordance with the following
provisions:
1.
Full-time instructional and special
services faculty will have first priority of accepting part-time temporary
assignments as an overload as offered by the AEA
2.
Emeritus instructional and special
services faculty will have second priority of accepting part-time temporary
assignments as offered by the AEA in accordance with Article 8 of the Agreement.
3.
Part-time
instructional and special services faculty will have third priority of accepting
part-time temporary
assignments as offered by the AEA in accordance with Sections 28.1 through 28.6
of the Article.
28.2
General Provisions Applicable To
All Part Time Faculty
1.
Part-time faculty are “temporary
employees” in accordance with the California Education Code. Nothing contained
in this section or in any Article of this Agreement places a legal obligation on
the District to provide continuing employment for part-time faculty.
2. Nothing contained in this section
nor in any Article of this Agreement shall be construed so as to allow part-time
faculty to be assigned a load over the limit permitted for temporary employees
in the Education Code or by District practice.
3. Each AEA shall determine for what
discipline, courses, and/or service areas an individual part-time faculty is
qualified to perform. A seniority list of part-time faculty and the courses
and/or service areas for which they are qualified shall be posted in each area
dean’s office by October 1st of each year.
4. When assignments are available for
part-time faculty as offered by the AEA, the senior part-time faculty member of
that department or discipline may elect to accept those assignments that they
wish and for which they are qualified, up to the limits of:
a. The previous semester, if the
faculty member's load is constant from semester to semester or if the faculty
member has not received a yearly pattern assignment as a normal load.
or
b. A yearly pattern assigned as a
pattern by the AEA where the load varies from one semester to the next but the
academic yearly load remains constant.
The next senior
member may then select similarly to accept their initial load, and on down the
seniority list.
5. After one round of selections, if
there are classes and/or service assignments remaining, the most senior
part-time faculty may then choose to accept an assignment as offered by the AEA
from those remaining (not to exceed the limit in Section 28.2 (2)), then the
next most senior, and so on down to the end of the list again. After succeeding
passes through the list and when all current part-time faculty have completed
their selection as offered by the AEA, classes and/or service assignments may be
offered to newly hired part-time faculty.
6. Once a senior part-time faculty
member has accepted a class and/or service assignment, cancellation of that
class or service assignment shall not invest that senior part-time faculty with
the right to “take” (“bump”) an assignment from a more junior part-time
faculty.
7. Part-time faculty members with a
load 20% or more below the maximum allowed for a part time faculty member by the
Education Code may accept assignments to participate in part-time evaluations,
curriculum review, governance committees or curriculum development.
8. At no time may the total hours of
such assignments exceed 50 per semester. Such assignments are requested by the
department with prior approval of the appropriate dean. The budget for such
assignments will be maintained by the office of the vice-president for
instruction. Timesheets will be submitted and the part-time faculty member will
be paid at the appropriate laboratory hourly rate.
9. Part-time faculty members at the
maximum load may offer office hours in accordance with Article 14.5. No other
duties will be assigned to part-time faculty with the maximum load.
10. For part-time instructional faculty,
the date of seniority shall be established as the first day of the semester
within which the instructor of record's contract was fulfilled. This shall not
include flex time or other paid non-instructional/non-service activities. For
part-time special services faculty, the date of seniority shall be established
as the date on which the first service assignment was completed.
11. Ties in service date shall be broken
by a random procedure to establish a rotational seniority order. Each year the
list for any tie rotates up one position in order with the most senior in one
year dropping to the bottom of that tie rotation in the succeeding year.
Seniority is District-wide (as opposed to campus-wide).
Example:
Able, Baker, Charlie, and Delta are all hired for Fall Semester 2001. After 6
semesters, it will be Fall Semester 2004 before any of them reach seniority. At
that time, a coin toss sets the Fall 2004 seniority as Charlie, Baker, Able, and
Delta, in that order. For Fall 2005, the seniority will be Baker, Able, Delta,
and Charlie. For Fall 2006, the seniority will be Able, Delta, Charlie, and
Baker.
12. Seniority of an individual part-time
faculty shall be terminated if there is an unauthorized break in service, if the
part-time faculty receives an evaluation recommendation of “non-rehire”, or if
the part-time faculty is not retained for any job-related reason.
13. A break in service without loss of
seniority may be authorized by the AEA, if requested by the faculty member, for
up to a maximum of one year for unavoidable personal or professional reasons The
requested break in service may be either partial (reduced load) or full (no
load). A request for such authorization must be submitted in writing by the
faculty member and, if approved, signed by the appropriate AEA.
14. Implementation of seniority
assignments for part-time instructional faculty will be applied to the normal
work year (Fall and Spring semesters) not including Summer Session.
Implementation of seniority assignments for part-time special services faculty
will be applied to the fiscal year July 1 – June 30.
15. In the event that a conflict arises
between a full-time faculty member’s schedule due to the cancellation of one or
more of such member’s classes or service assignments and a part-time faculty
members’ seniority rights hereunder , the parties agree to conduct an informal
meeting between the Dean and the other affected parties to attempt to resolve
the conflict within the parameters of the following provisions:
-
Every effort shall be made to ensure
that any displacement by a full-time faculty member of a part-time faculty
member shall occur at the least senior level practicable.
-
Under no circumstances shall the
foregoing objective be interpreted to compel a full-time faculty member to waive
his/her rights under Article 14.3.4 or to teach a class which he/she is not
qualified to teach or a class at a location other than the faculty members’
primary work site.
-
If in the Fall Semester, a full-time
faculty members’ load does not make, the unused portion of a load will be
assigned to the following Spring Semester.
-
If in the Spring Semester, a
full-time faculty members’ load does not make, the unused portion of a load will
be assigned to the following Fall Semester.
28.3
Seniority Assignments for
Part-Time Physical Education Faculty
1. When assignments are available for
part-time physical education faculty, the assignments shall be made as follows:
-
Part-time faculty who are head
coaches of a sport in the department shall have first choice of available
classes as offered by the AEA up to the maximum allowable by the District (not
to exceed the limit in Section 28.1 (2) above); a lower maximum may be
established by the AEA. Coaches shall be ranked within their own subgroup for
priority as a function of length of paid service as described in Section 28.2
(11).
-
Part-time
faculty who are assigned assistant coaches of a sport in the department
shall have first choice of the sport as offered by the AEA, for which
they were hired, or a directly related training or conditioning class
for the sport for which they were hired. For other class
assignments as offered by the AEA, they shall have the regular part-time
faculty seniority determined by their date of hire as described in
Section 28.1 (3).
2. Remaining classes will be assigned
to part time physical education faculty in accordance with the general
provisions of sections 28.1 and 28.2.
28.4
Involuntary Reductions
Any part-time
faculty of any category whose workload is reduced due to involuntary reductions
initiated by the District shall have their load reinstated in following
semesters for which appropriate load is available for that faculty member to
their prior level. Such reinstatements will be by seniority and will go round
by round until the available loads are assigned.
28.5
Seniority Waiting Period
All new
part-time faculty hired for Spring semester 2004 or thereafter will not have
seniority rights until completion of their sixth semester of teaching or service
assignment. Termination of progress towards seniority rights of an individual
part-time faculty shall be conducted in accordance with the provisions of
28.1(5). Part-time faculty hired before spring semester 2004 shall have full
seniority rights as described in this article.
28.6
Exemptions
Exempted from
this article are non-credit classes (e.g. Emeritus, Community Education, and
non-credit Contract Education).
28.7
Reopener
The parties agree
to re-open this article at the end of the 2003-2004 academic year, evaluate it
and negotiate any changes the parties deem appropriate.
It is agreed:
June 30, 2003
FOR THE
DISTRICT FOR THE ASSOCIATION
_____________________________
________________________
s/Martinez,
Ron s/Weir, Jim
| 
