Contract
Between
The
Washington-Baltimore Newspaper Guild
And
The
George Meany Center for Labor Studies/National Labor College
April 1, 2002 - March 31, 2005
Table of Contents
PREAMBLE
Article 1- Coverage
Article 2 - Unit Work
Article 3 - Union Security
Article 4- Information
Article 5 - No Discrimination
Article 6 - Grievance Procedure
Article 7 - Probationary Period
Article 8 - Job Security
Article 9 - Grant-funded Programs
Article 10 - Employment Rights
Article 11 - Job Bidding and Postings
Article 12 - Guild Bulletin Board
Article 13 - Hours and Work Load
Article 14 - Holidays
Article 15 - Vacations
Article 16 - Sick Leave
Article 17 - Group Insurance and Retirement Benefits
Article 18 - Leaves Of Absence
Article 19 - Classification and Salary Schedule
Article 20 - Expenses
Article 21 - General
Article 22 - Professional Development
Article 23 - Academic Freedom
Article 24 - Respect and Dignity
Article 25 - Labor Studies Faculty Governance
Article 26 - Duration and Renewal
Appendix A - Classification and Salary Schedule
Appendix B - Agreement on Workload
Preamble
This
agreement is made this 27th day of March 2003 between the George Meany
Center for Labor Studies/National Labor College (hereinafter referred
to as the “College”), and the Washington-Baltimore Newspaper Guild, Local
35 of The Newspaper Guild, Local 32035 of the Communications Workers of
America, AFL-CIO (hereinafter known as the “Guild”) for itself and on
behalf of the employees of the College described in Article 1.
Article
1 - Coverage
1.1.
This Agreement covers all persons who are employed regularly, full-time
by the George Meany Center and/or the National Labor College except the
following employees, who are excluded from the Guild bargaining unit and
from coverage under this Agreement:
a.
President, Vice President for Academic Affairs, Executive Vice President,
General Counsel, VP Human Resources, Controller, Assistant Controller,
Director of Archives, Facilities Director, VP Student Services, Registrar;
b.
Employees covered by other union agreements with the College currently
in existence;
c.
Employees with the authority to hire, fire, and/or handle grievances
for or in the interest of the College;
d.
Confidential and managerial employees: and,
e.
Persons employed by the College to perform administrative and/or clerical
functions related to admissions, financial aid, accounting and/or registration.
1.2.
Employees who do bargaining unit work less than full-time but who are
regularly engaged in the employ of the College, and who are not covered
by one or more of the excluded categories listed in Section 1.1 of this
Article, shall also be included in the Guild bargaining unit as follows:
a. Instructional Faculty members may be permitted to be responsible
for less than a Full Work Load as defined in Appendix B of this Agreement
(Agreement on Work Load). The wages and benefits of any Instructional
Faculty member with less than a Full Work Load shall be apportioned
or pro-rated in a separate written memorandum between the Faculty member,
the Guild and the College.
b. Non-Instructional Faculty and other employees who are regularly scheduled
to work sixteen (16) hours or more shall be covered by this Agreement;
those Non-Instructional Faculty and other employees who are regularly
scheduled to work less than sixteen (16) per work week shall not. The
wages and benefits of any Non-Instructional Faculty or other employee
regularly scheduled to work less than sixteen ( 16) hours per work week
shall be apportioned or pro-rated in a separate written memorandum between
the employee, the Guild and the College.
1.3.
Part-time staff will accept College assignments when requested forty-five
(45) or more days in advance and will make every reasonable effort to
accept other assignments on shorter notice. This will not apply to travel
or vacation plans made known to the College sixty (60) days in advance.
1.4.
In case of a disagreement between the College and the Guild concerning
the inclusion of any employee in the bargaining unit, the issue may be
submitted by the Guild to the grievance and arbitration procedure herein.
1.5.
Nothing in this Article requiring discussion is intended to restrict the
College’s hiring decisions, except to the extent that such decisions are
restricted in this Agreement.
1.6.
Effective with the date of ratification, the College may retain for a
period of not longer than seven (7) months an individual, group of individuals,
or other independent contractors to perform any work that is normally
performed by members of the Guild bargaining unit. The persons who are
so engaged shall not be covered by this Agreement. At the time the College
exercises this option, the College will provide to the Guild the name
of the contracting party, a brief description of the work that is to be
provided, the duration (including number of days and/or hours) of the
work contracted for, and the location of the contractor’s work. The College
agrees to meet with the Guild to discuss the contract upon request, if
requested by the Guild to do so in writing within fifteen (15) working
days after the Guild is notified about the work. Contractors retained
under this section shall not be used where in effect they would displace
a regular employee. This does not include adjunct instructors covered
under Section 1.8 of this Agreement.
1.7.
Fixed Term Employees
a.
Fixed Term employees are persons who are employed by the College for
a term of more than seven months but less than eighteen months. (see
Article 11.4.1 for the process of filling a fixed term position.)
b.
Fixed Term employees with more than twelve (12) months of service in
the employ of the College as of April 1, 2002 shall become regular employees
and subject, as such, to all of the provisions of this Agreement, as
of the effective date of this Agreement.
c. While they shall be covered by the terms of this Agreement, both
Grant and Non-Grant Fixed Term Employees shall be retained as employees
at will for the first eighteen (18) months of employment.
(i)
While any Fixed Term employee who is terminated while at will may
grieve the termination as arbitrary and capricious, and the Guild
may demand mediation under Article 6 of this Agreement, the decision
to terminate shall not be arbitrable under Article 6. Mediation under
Article 6 (Grievance Procedure) shall be the sole and exclusive remedy
for termination.
(ii) Non-Grant fixed term employees will not be retained in the employ
of the College for more than eighteen (18) months. If the employer
anticipates the need for a continuing position for the specific work
to be completed in less than an 18 month period, then the employer
may post a maximum of one additional fixed term position for the same
work, for which the first fixed term employee is not eligible.
(iii)
Grant Fixed term employees are persons retained by the College to
staff a grant or contract between the College and a third-party organization,
including, but not limited to a third party that is an affiliate of
the AFL-CIO or an AFL-CIO allied agency or program, and whose position
is funded by revenues received by the College under the grant or third-party
contract. A Grant Fixed Term employee shall not acquire the right
to be retained in a regular position as long as the funding for the
position occupied is by a third party grant or contract.
d.
Grant and Non-Grant Fixed Term Employees shall be eligible to apply
to become regular bargaining unit employees. Such employees may apply
for any vacancy. All periods of Fixed Term employment shall be credited
toward the probationary period under Article 7 of this Agreement, and
to seniority or service time for all benefits and terms of this Agreement,
should a Fixed Term Employee be hired into a regular unit position.
e.
As they are to be employed for a term of limited duration, Non-Grant
Fixed Term Employees shall not accrue, and they shall not receive severance
benefits of any kind.
f. The College shall not offer accrued severance pay to Fixed Term Grant
employees. Where, however, severance pay of one week may be funded through
current operating funds appropriated by the third-party funding agency,
one week’s severance pay shall be paid to Fixed Term Grant employees
who are laid off after more than one full year of service.
1.8
Adjunct Instructors
All adjunct instructors hired on a course by course basis shall be excluded
from the Guild bargaining unit and from coverage under this Agreement.
The College and the Guild agree that their exclusion during this contract
term does not preclude coverage in this contract’s successor Agreement
of adjuncts.
Article
2 - Unit Work
2.1.
If qualified, members of the bargaining unit may be required to provide
to students of the George Meany Center/National Labor College, instruction,
course work and evaluation for academic credit, in the areas of their
expertise and reasonably related subject matters.
2.2.
Employees who are covered by this agreement must obtain prior approval
from the Employer before committing the College’s funds.
2.3.
The College shall, during the course of this Agreement, have the right
to adopt reasonable rules and regulations after appropriate notice to
the Guild.
Article
3 - Union Security
3.1
The College shall require as a condition of employment that any employee
covered by the agreement be or become within thirty (30) days after initial
employment a member of the Guild and remain a member in good standing
during the term of this agreement. The foregoing provisions shall be effective
in accordance and consistent with applicable provisions of federal and
state laws.
3.2.
The Employer shall, upon receipt of appropriately signed authorization,
deduct from the second bi-weekly pay check of each employee each month
all dues, fees and assessments set by the Guild. Such deductions will
be transmitted to the Guild office in the month during which deducted.
Article
4 - Information
4.1.
The College agrees to supply the Guild once each year with a salary list
of all employees covered by the Guild bargaining unit.
4.2.
The College will notify the Guild in writing whenever a new employee is
hired by the College into the unit, whenever any unit employee is deleted
from the payroll, and of any changes in the job classification or salary
of any unit employee. The College will identify any Fixed Term employee,
including Grant Fixed Term employees, hired, and duration of the term.
This notice is to be given by the College to the Guild within thirty (30)
calendar days after the new employment or other action takes effect.
Article
5 - No Discrimination
The
College and Guild will cooperate in actively recruiting employees who
reflect the changing cultural diversity of the American workforce. The
College agrees to hire employees, and the Guild agrees to admit to membership,
without regard to age, sex, race, creed, color, sexual orientation or
preference, disability, or national origin.
Article
6 - Grievance Procedure
6.1.
A grievance shall be defined as any dispute between the parties arising
out of or relating to a specific term or provision of the agreement or
the interpretation or application of the agreement.
6.2.
Any grievance filed in writing within thirty (30) calendar days of the
action giving rise to the dispute or within thirty (30) days of the complaining
party becoming aware of the action, shall be considered a grievance that
is timely filed within the meaning of this article.
6.3.
Any grievance not filed within the time limits specified in the agreement
shall be deemed waived.
6.4.
The written grievance shall set forth the basis therefore including identification
of the Article(s) of the Agreement relied upon and the remedy requested.
6.5.
The College agrees to meet with the representative(s) of the aggrieved
employee and/or the aggrieved employee, whichever the employee chooses,
within five (5) days after the request for such a meeting, except that
the five-day period may be extended by mutual agreement.
6.6.
The College shall respond in writing within twenty (20) days of the initial
meeting. Failure to do so shall affirm on behalf of the Guild without
prejudice to the College.
6.7.
Grievance Mediation
a.
Mediation shall be by mutual agreement.
b.
If the College denies the grievance, then, by mutual agreement in writing,
within ten (10) days of that denial, either party may request a member
from a permanent panel of three professional arbitrators to mediate
the grievance, said panel to be agreed upon by the parties.
c.
If the parties mutually agree to, and do conduct a grievance mediation,
that process shall be non-binding, and no statements made during the
mediation process, and no positions taken during mediation, shall be
used as evidence in any grievance or arbitration proceeding which occurs
thereafter.
6.8.
Arbitration
a.
If a grievance is not satisfactorily settled within twenty (20) days
after the initial grievance meeting (as provided in paragraph 6.6 of
this Agreement), either party may request arbitration within thirty
(30) days thereafter, for a total of fifty (50) days after the date
of the initial grievance meeting.
b.
Arbitration shall be initiated by a written notice to that effect, mailed
by certified mail, return receipt requested, or by hand delivery to
the principal officer of the College or the Guild, as the case may be,
or to the appropriate designee of either.
If
no agreement is reached on the selection of an arbitrator, or on a procedure
for the selection of an arbitrator, within seven (7) working days of
the receipt of the notice from the Guild to the College moving the grievance
to arbitration, either party may request the American Arbitration Association,
under the Association’s Voluntary Labor Arbitration Rules, to initiate
its procedures for assisting the parties in prompt selection of an arbitrator.
Alternatively,
either of the parties may apply to the Federal Mediation and Conciliation
Service for a panel of nine (9) arbitrators, each a member of the National
Academy of Arbitrators for use in the selection of an arbitrator.
c.
The fee and expenses of the arbitrator, and the expense of the room
where the arbitration hearing is held, if other than at the Meany Center,
shall be shared equally by the parties.
d.
The arbitrator shall not have the authority to alter, amend or modify
any terms of this Agreement.
e.
The arbitrator shall determine any questions of arbitrability.
f.
The decision of the arbitrator shall be final and binding.
6.9.
All references to time limits in this Article 6 are to work days which
shall not include week end days, nor to days which the Employer observes
as a holiday.
6.10.
Failure to file a grievance in a timely fashion in one instance shall
not preclude filing on a similar issue which occurs subsequently.
6.11.
The term “grievant* shall be considered to include any individual staff
member, a group of staff members or the Guild.
Article
7 - Probationary Period
7.1. For all positions in the unit the probationary period will be twelve
(12) months from the date of hire. An additional six (6) months of probation
for bargaining unit employees will be granted when requested in writing
by the College to the Guild, with a copy to the employee(s) affected,
one (1) month prior to the end of the original probationary period; and,
in such case, the extended probationary period shall be accompanied by
a written program of supervision or orientation. An extension of probation
shall not affect an employee’s service time for purposes of computing
seniority, benefits or compensation.
7.2.
Increases in compensation of a classification during the probationary
period of employment will be honored.
7.3.
The appropriate supervisor shall meet with each new employee will within
thirty (30) working days after hire to design a work plan defining the
work program for the employee, including the tasks assigned to and the
College’s expectations for the employee. A copy shall be provided to the
Guild unit chair. For new Faculty, the work plan may be a part of the
Faculty member’s letter of appointment.
Probationary Employee Performance Review
7.4.
The College’s designee will meet with each probationary employee once
every ninety (90) days after the date of hire to review the employee’s
performance.
7.5.
The immediate supervisor will be available whenever possible to assist
the probationary employee in achieving the defined tasks.
7.6.
The College will inform probationary employees that if so desired by the
employee, a representative of the Guild may attend these meetings.
7.7.
If a representative of the Guild does not attend an evaluation meeting,
after the evaluation and discussion the College will inform the Guild
of the employee’s progress.
7.8.
An employee who is terminated while a probationary employee under this
Article 7, may grieve the termination as arbitrary and capricious, and
the Guild may demand mediation of the grievance under Article 6 of this
Agreement. The decision to terminate shall not be arbitrable under Article
6. Mediation under Article 6 shall be the sole and exclusive remedy for
termination.
Promoted
Employees
7.9.
For promotions from one position to another within the Guild bargaining
unit, the trial period of employees promoted to jobs with significant
content change will be ninety (90) days, with periodic review. The appropriate
College manager will meet with a newly promoted employee within thirty
(30) days of the promotion to design a work plan defining the work program
for the employee, including the tasks assigned to and the College’s expectations
for the employee.
7.10.
During the ninety day trial period, the employee may elect to return to
the position from which he or she was promoted or transferred without
penalty or prejudice.
7.11.
At the end of the ninety day trial period, the employee shall be confirmed
in the position unless the employee has been unable to perform the duties
of the job in the opinion of the College, if during the trial period the
employee is unable to perform the duties of the new position satisfactorily
in the opinion of the College, the College will place the employee in
his or her previous position without penalty or prejudice.
7.12.
Each promoted employee will meet with the College once within the course
of the trial period, after forty-five (45) days in the position, to review
the employee’s performance, and to revise the work plan, if necessary.
7.13.
The College will inform recently promoted employees that if so desired
by the employee, a representative of the Guild may attend evaluation meetings.
7.14.
If a representative of the Guild does not attend an evaluation meeting,
after the evaluation and discussion the College will inform the Guild
of the employee’s progress.
7.15.
During the trial period, increases in compensation under classification
of employment will be honored.
7.16.
Job Upgrades
a.
Job promotion or upgrades of an employee’s position are to be taken
up during the term of the contract.
b.
Upon request, the College will meet with an employee within two weeks.
c.
The employee will provide the College with a request for promotion or
upgrade based on:
(i) Assumption of new job responsibilities which warrant the consideration
of reclassification or promotion, or
(ii) Qualitative performance of job duties.
d. If so desired by the employee, a representative of the Guild may
participate in such a meeting.
e.
The College will respond to an employee’s request in writing within
two (2) weeks of the meeting. This time period may be extended by mutual
agreement.
Article 8 - Job Security
8.1.
The Guild unit chair shall be notified in writing, simultaneously with
the employee, of the discipline, suspension or discharge of any bargaining
unit employee. There shall be no discipline, suspension or discharge,
except for just and sufficient cause.
8.2. Employees with more than six (6) months service shall be given two
(2) weeks* notice, or two (2) weeks* pay in lieu of notice, of any discharge
or layoff.
Layoff
Notice
8.3.
In the event of a layoff affecting employees within the bargaining unit,
the College shall consult with the Guild three (3) weeks in advance.
8.4.
The College, after such consultation, shall provide an additional eight
(8) weeks* notice, or salary in lieu of such notice, to the affected employee.
8.5.
Termination dates of grants, under which employees are employed, will
be considered adequate notice under this section, provided such employees
are given written notice to that effect at the time of their employment
with a copy to the Guild.
8.6.
Seniority. Wherever seniority is referred to in this Agreement, it shall
include all continuous service with the George Meany Center for Labor
Studies, the AFL, the CIO, the AFL-CIO, or any of the AFL-CIO’s direct
subdivisions such as the Political Action Committee, Labor’s League for
Political Education, and the Free Trade Union Committee; but it shall
not include service with affiliated unions or departments or with state
or local central bodies.
8.7.
Exceptions. Seniority shall be given consideration in any layoffs
and recalls, except in the following cases:
a.
Layoffs at the conclusion or reduction of a grant which provided a salary;
b.
Layoff upon the completion of a special project for which one was employed;
c. Or upon completion of a sabbatical from another institution.
Article 9 - Grant-Funded Programs
9.1.
The College agrees to make reasonable efforts to seek continuation of
the program funded by a third party grant or contract.
9.2.
If insufficient funds are provided in a third party contract or grant
for wages and benefits set forth in this Agreement, the College agrees
to consult with the Guild, over the effects of the problem prior to consideration
of furlough, layoff, or wage and benefit reduction.
9.3.
The College also agrees to make similar efforts in event of reduction,
shortening the term of a third party grant or contract, would result in
the layoff of an employee under this Agreement.
9.4.
Before the date on which he or she is laid off from College employment,
an employee laid off from a grant-funded program will be given priority
consideration for any other job opening for which he or she is qualified.
9.5.
The College reserves the right to not renew a third-party grant or contract
if, in the sole judgment of the College, it no longer serves the mission
of the College.
9.6. The Guild may grieve and mediate a claimed misinterpretation, breach
or misapplication of this Article 9 (which concerns third party Grants
and Contacts) under Article 6 of this Agreement. However, there shall
be no binding arbitration, and there shall be no further remedy beyond
mediation.
Article
10 – Employment Rights
Recall
Rights
10.1.
Each employee laid off to reduce the force shall be placed upon a recall
list for two (2) years.
10.2. Such list shall be limited to laid off employees of the College.
10.3.
Such laid off employees shall be notified by the College of openings covered
by this Agreement and shall be able to apply for such.
10.4.
The notification shall be made by certified mail to the last address the
employee has provided to the College.
10.5.
Time spent on a recall list by a laid off employee shall not constitute
a break in continuity of service and seniority. (No pension credits will
be earned during a lay off period.)
Severance Pay and Benefits
10.6.
In the event of layoffs to reduce the force, employees with six (6) months
or more of service shall receive severance pay at the rate of one and
one-half (1-1/2) weeks* pay for each year of service or major fraction
thereof.
10.7.
Exclusive of COBRA rights, such employees will be covered for full health
and welfare benefits for a period of one month for each year of service
or major fraction thereof, up to a maximum of nine (9) months, but with
a minimum of three (3) months.
New
Technology
10.8
The Guild will be given one (1) month’s notice of intent to introduce
new or modified equipment, machines, apparatus, computer software, or
technological processes.
10.9.
Affected employees will be given adequate training at the expense and
on the time of the Employer.
Article
11 - Job Bidding and Postings
11.1.
Job Bidding. The College shall give reasonable consideration to
employees bidding for bargaining unit vacancies.
11.2.
Job Posting. When an opening occurs in any job covered by this
Agreement, or when a new job is created within the coverage of this Agreement
(to the extent consistent with Section 11.4 of this Agreement (Search
Committee)), the College shall provide the Guild unit chair with a copy
of the posting, and, whenever reasonably possible, the job shall be posted
for a minimum of thirty (30) days.
11.3.
The notice shall specify the classification of the job the responsibilities
of the position, the minimum qualifications (e.g., experience education
and skills) and, where practicable, special qualifications or requirements.
11.4
Vacancy Search Committee
a. A Search Committee shall be convened whenever an opening occurs for
any bargaining unit position, including fixed term position. (Fixed
Term process is covered separately under 11.4.1 below.) The Provost
shall announce the necessity for the committee in writing to the bargaining
unit and shall accept volunteers to the Committee. The Search Committee
shall have no more than five members, at least three of whom shall be
members of the Guild bargaining unit. In the event there are insufficient
volunteers, the Provost may appoint Committee members, consistent with
the provisions of this section. The Provost, in coordination with the
committee will insure that there is adequate representation in the area
of expertise being sought.
b. Subject to subsequent review and consent by the College, the Search
Committee shall (a) agree on the Position Announcement. This announcement
shall contain a description of the qualifications and subject matters
in which preferable candidates are to have substantial experience; (b)
set an appropriate time frame for posting the position; (c) decide the
locations and publications where the position will be announced; and
(d) determine a schedule and procedure for screening resumes, interviewing
applicants, and making a recommendation that is consistent with Paragraph
11.4.(d) of this Section.
c. As soon as possible after the deadline for applications, the College
will review the applications for the position and decide whether the
pool of applicants is an adequate one from which to make a selection.
If it is not, the College will inform the Search Committee of the need
to extend the search before interviewing begins. The Search Committee
will promptly meet to revise the search process and deadline for the
extension of the search. The College may also inform the Search Committee
of the need to extend the search after applicants are interviewed and
before the Search Committee makes its final recommendations.
d. Primary responsibility for the recommendation of particular candidates
will rest with the Search Committee, which shall submit its recommendations
as to which candidates it prefers from among the applicants in writing
to the President, Provost or President’s designee. The expressed preferences
of the Committee shall be submitted in keeping with the timetable previously
approved as provided in Paragraph 11.4.(b) of this Section. A minimum
of three candidates shall be recommended by the Search Committee, but
none shall be ranked or designated as the one candidate who is most
or more preferred among those recommended. The Search Committee will
state the reasons for the Committee’s preferences, and the Committee
will address in its statement all of the preferred candidates’ qualifications
and the needs of the College.
e. The President shall make the final decision as to whom to appoint
from the pool of candidates recommended by the Committee. Any time the
decision is contrary to the recommendations of the Search Committee
the President will meet with the Search Committee to explain the decision.
The President’s decision to appoint shall be subject to review and approval
by the College’s Board of Trustees. The College’s Board of Trustees
may reject all applicants, whether or not recommended by the Search
Committee, and it may request a new list of applicants, starting the
search once again, at Paragraph 11.4.(c.) of this Section.
f. Nothing in this section shall be construed as an indication that
service on a faculty search committee renders participating faculty
managerial employees.
11.4.1
When the College determines that it must hire a Fixed-Term Employee,
the College will create a job description and timeline by which an expedited
search must be completed. The Provost shall announce the necessity for
an expedited committee in writing to the bargaining unit and shall accept
volunteers to the Committee. The Committee will have three (3) members,
two of which will be of the Guild Bargaining unit. In the event that
there are insufficient volunteers, the Provost may appoint the committee.
The role of the Committee is as follows:
a.
To determine whether and when to announce the opening
b. To review existing and incoming resumes
c. To identify candidates
d. To recommend additional candidates to be interviewed
e. To interview all candidates, as time permits
f. To make recommendations of a narrow field of candidates (2 to 3)
to the college.
In
the event that the committee work is not completed within the timeline
indicated at the beginning of the process, or that this pool of candidates
is found insufficient by the college, the college may make its determination
without further counsel from the committee. The College will inform
the committee for the basis of its action. The Search Committee will
be afforded the opportunity to interview the candidate.
Article 12 - Guild Bulletin Board
12.1.
The Employer shall purchase and install a glass covered bulletin board
which shall be used for Guild communications. The bulletin board shall
be placed in the staff lounge. The keys to the bulletin board shall be
given to the Guild Unit Chair.
Article
13- Hours and Work Load
13.1.
Compensatory Leave
a.
A new form of paid leave, which shall be referred to as Compensatory
Leave, shall be available on and after January 1, 1999, on the following
basis:
b.
In recognition of their lengthy and irregular hours, permanent employees
shall receive five (5) days of compensatory leave each calendar year,
to be taken with appropriate notice and advance approval of their supervisor
whose approval shall not be unreasonably denied. These compensatory-leave
days shall be pro-rated for employees who in a calendar year are actively
employed less than a full year. At the end of the calendar year, employees
may cash out two (2) compensatory-leave days. Compensatory-leave days
shall not be carried over from year to year.
13.2.
New Equivalent Time Leave. Beginning January 1, 1999, and thereafter,
the following rules shall be followed with regard to Equivalent Time:
a.
Employees who are assigned to work on Saturday and/or Sunday may take
equivalent time off during the following calendar month. To qualify
for equivalent time, an employee must file a written statement with
the College claiming the equivalent time before it is to be earned.
The work assignment must be approved in advance and in writing by the
College.
b.
Actual hours of travel, portal-to-portal, on Saturdays and/or Sundays,
may be claimed as allowable equivalent time provided that the itinerary
and choice of the means of travel must be approved in advance by the
College.
c. Equivalent time shall be earned only on an hour-for-hour basis and
only for weekend work; and it shall not be allowable for any hours of
work that are attributable to an alternative work pattern.
d.
Should an employee be unable, because of work-related commitments, to
schedule equivalent time to be used by the end of the next calendar
month following the month in which it is earned, it shall be taken only
with prior written approval from the College.
e.
No employee shall be permitted to carry over any equivalent time after
December 31 of a calendar year into the next following calendar year,
and all equivalent time earned but not used before December 31 shall
be lost.
13.3.
The College and the Guild, adopt and they make a part of this Agreement,
the “Agreement on Work Load GMC-NLC Instructional Faculty” as amended,
a copy of which is appended to this Agreement as Appendix B to this Agreement.
13.4
Alternative Work Patterns
a. With the prior approval of the President, employees may have a flexible
work schedule of starting and quitting times.
b. With the prior approval of the President, Employees may work at home,
either on a regular or ad hoc basis.
c.
With the prior approval of the President, employees may work a compressed
work week of four days, either on a regular or ad hoc basis
d. With the prior approval of the President, employees assigned work
requiring similar skills or performing similar functions may share a
full-time job with no loss of benefits or protection under this Agreement.
e. A request for an alternative work pattern may be presented to and
considered by the Joint Committee on Restructuring. However, the decision
of the President on such matters shall be final and binding.
Article
14 – Holidays
14.1.
The following days shall be holidays with pay:
- New
Year’s Day,
-
Martin Luther King, Jr.'s Birthday,
-
Washington's Birthday,
-
Good Friday,
-
Memorial Day,
-
Independence Day,
-
Labor Day,
-
Columbus Day,
-
Veterans Day,
-
Thanksgiving Day,
-
The Friday after Thanksgiving Day,
-
Christmas Eve,
-
Christmas Day, and
-
Two (2) floating holidays that shall be treated as two (2) additional
vacation days.
14.2.
Additional holidays granted by the AFL-CIO will also be honored.
14.3
When and if a regular holiday falls on a Saturday, the preceding Friday
shall be observed. When and if a regular holiday falls on a Sunday, the
following Monday shall be observed.
14.4.
When a member of the unit is required to work on a holiday, e.g., in conducting
an institute, a substitute holiday will be granted.
14.5.
Part-time staff
a.
Part-time staff, as they are defined in Section 1.2 of this Agreement,
shall be entitled to paid Holidays under this Article 14, but only on
a pro rata basis in proportion to their employment as the College and
the Guild shall agree by memorandum as provided either in Paragraph
1.2(a.) or 1.2(b.) of Section 1.2.
b.
Before each calendar year begins, each part-time staff member shall
agree with the College which holidays shall be treated as days of paid
Holiday leave for the member for purposes of this Article 14. Such agreement
shall be reduced to writing with a copy provided to the Guild unit chair
which writing shall satisfy Section 1.2.
14.6
In addition to the holidays provided in Section 14.1 of this Article,
employees shall have paid days off for December 23, 2002, December 26,
2002, and December 27, 2002, and December 22, 2003 and December 23, 2003.
Article 15 - Vacations
15.1.
Vacation Rates. Vacations with pay shall be granted employees who
have completed periods of continuous service as follows:
a.
Employees accrue vacation at the rate of one (1) day per month of service
during the first calendar year of their employment.
b.
After one (1) year twelve (12) days of vacation;
c.
After three (3) years, seventeen (17) days of vacation;
d.
After eight (8) years, twenty-two (22) days of vacation;
e.
After eighteen (18) years. twenty-seven (27) days of vacation;
f. After twenty-five (25) years, thirty-two (32) days of vacation.
15.2.
Employees coming to the College with five (5) or more years of labor-related
employment or labor-related experience and who had the right to two (2)
or more weeks of vacation in the labor-related job held immediately prior
to College employment will be granted seventeen (17) vacation days per
year after completing their first year of service until after their eighth
year.
15.3.
It is the policy to have vacation used in the year in which it is earned.
15.4.
Employees shall not be entitled to take paid vacation until after completing
six (6) full months of continuous service.
15.5.
Vacation days under this Article include two floating holidays in honor
of George Meany.
15.6.
Banked Vacation Leave
a.
Employees with one or more years of completed service in the employ
of the College will be permitted for good reason to bank one week of
vacation at the end of each calendar year up to a maximum of eight (8)
weeks.
b.
Vacation banking shall require, each year, the prior approval of the
College.
c.
Vacation weeks that are banked may be taken in conjunction with accrued
vacation to provide extended vacation, provided, however, that such
vacation is approved in advance by the College.
d.
Such banked vacation days may be withdrawn in increments of five days
and added to current vacation balance and used as normal vacation, i.e.,
taken off a day at a time or in units of less than a full week.
15.7.
Vacation Carry-Over
a.
In cases in which the employee is unable (because of work demands) to
take the full vacation entitlement in the year in which it is earned,
the period in which to use vacation may be extended to June 30 of the
following year, with the approval of the College.
b.
Requests for such an extension must be made no later than December 31.
c. Such weeks, under this paragraph 15.7 may be taken in conjunction
with the normal accrual in order to provide an extended vacation period.
15.8.
All accrued pro rata vacation time shall be paid to employees taking maternity
leave or other leaves of absence up to the time of the granting of the
leave of absence or upon termination of employment.
15.9.
The vacation schedule shall be agreed upon by mutual consent but employees
shall have preference in accordance with seniority.
15.10.
Employees terminating with six (6) months but less than five (5) years
of service will receive their vacation pay on the basis of one-twelfth
(1/12) of their annual vacation accrual for each month or fraction thereof
that they work in the year in which they terminate.
15.11.
Employees terminating with five (5) years or more of service will receive
their full vacation pay for the year in which they terminate.
15.12.
Part-Time Staff
a.
Part-time staff, as they are defined in Section 1.2. of this Agreement
shall be entitled to paid vacation, but only on a pro rata basis in
proportion to their employment as the College and the Guild shall agree
by memorandum as provided either in Paragraph 1.2(a.) or 1.2(b.) of
Section 1.2.
b.
Before each calendar year begins, each part-time staff member shall
agree with the College the number of days of work that shall be treated
as days of paid vacation leave for the member for purposes of this Article.
Such agreement shall be reduced to writing with a copy provided to the
Guild unit chair which writing shall satisfy Section 1.2.
15.13.
An employee’s continuous service for calculating vacation shall include
all continuous service with the College, AFL, the CIO, the AFL-CIO. and
any of the AFL-CIO’s direct subdivisions such as the Political Action
Committee, Labor’s League for Political Action, and the Free Trade Union
Committee. It shall not include service with affiliated unions or departments,
or with state or local central bodies.
Article
16 - Sick Leave
16.1.
The College’s policy on sick leave shall be continued for the duration
of this contract. Any employee claiming to be physically unable to work
for any period longer than three (3) weeks must, on request of the College,
supply a certificate from the attending physician that the employee is
physically unable to work, and may be required to be examined by a doctor
chosen by the College. If the two doctors are in disagreement they shall
choose a third doctor, whose determination shall be binding.
16.2.
Abuse of sick leave shall be subject to progressive discipline.
16.3.
Physical inability to work due to pregnancy or childbirth will be considered
to be the same as inability to work due to sickness.
Article
17 - Group Insurance and Retirement Benefits
17.1.
Employees, a person with whom the employee maintains a committed relationship
as defined by ULLICO, retirees and dependents shall be fully covered by
the Group Medical, Surgical, and Hospitalization Policies negotiated with
the AFL-CIO. In order to be eligible for retiree health insurance, an
employee must have had five (5) years of continuous service, with the
service contiguous to the date of retirement.
17.2.
Employees shall be fully covered by the Life and Accidental Death Insurance
Policies and the present Pension Plan negotiated with the AFL-CIO.
17.3.
For employees, persons with whom an employee shares a committed relationship,
retirees and dependents, the maximum annual per participant dental benefit
is $3000. The maximum lifetime orthodontia benefit is $3,500 per participant.
17.4.
Effective January 1, 2001, the co-payment for brand-name prescription
drugs for which there is no generic equivalent will be $12.50. The co-payment
for brand-name prescription drugs for which there is a generic equivalent
will be $17.50.
17.5.
The co-pay for generic drugs shall be $1.00.
17.6.
For employees, persons with whom an employee shares a committed relationship,
retirees and dependents, the vision-care reimbursement is $300 biennially.
17.7.
Beginning January 1, 1999, and only as practicable, for employees, their
spouse or person with whom the employee shares a committed relationship,
the employees* parents and parents-in-law, the College will devote its
best efforts to attempt to make available, at employee cost, an elder-care
and nursing-home insurance policy.
17.8.
No change in the benefits under such policies shall be made during the
life of this Agreement without the express consent of the Guild.
17.9.
Life Insurance
a.
The College will provide life insurance in an amount equal to the employee’s
annual salary plus $1,000.
b.
An active permanent employee on the payroll using a Health Maintenance
Organization as the employee’s group health insurance plan will be provided
life insurance in an amount triple that of life insurance coverage stipulated
in the preceding paragraph 17.a. to the extent that a benefit in that
amount is available from the carrier as a matter of course under existing
AFL-CIO benefit plan documents.
c. The life insurance amount will be reduced by one-half (0.5) at the
time of the employee’s retirement.
d.
In consultation with the Guild, the College will offer group term life
insurance to employees, who may elect to pay for it through payroll
deduction.
17.10.
Retirement Plan
a.
Effective January 1,2001, the College shall provide an increase of five
percent (5%) of the monthly pension for retirees and beneficiaries who
have been on the rolls for one year or longer.
b.
The College will pay the cost of health insurance for the surviving-spouse
beneficiaries who currently pay one-half (0.5) the cost of such insurance.
c.
Single (unmarried) pension participants may elect lump sum payment to
an heir similar to the present provisions for married participants,
with such provision to be costless to the plan.
d.
Active pension plan participants may elect up to $150,000 life insurance
coverage naming a disabled dependent as the beneficiary, with the College
paying one-half (0.5) of the premium cost.
e.
The pension plan will pay pension plan participants* Medicare Part B
premiums.
f.
A copy of the full retirement plan shall be maintained at the George
Meany Center for Labor Studies/National Labor College and made available
to employees upon request.
g.
The College will seek an alternative pension plan as an option to employees.
The College will give notice to and bargain with the Guild before it
offers and/or implements an alternative pension plan.
17.11.
401(K) Plan
a.
The employer will participate in the AFL-CIO 40 1(k) plan.
b.
The College will match 100 percent of employee contributions up to one-half
of one percent (0.5%) of the employees* annual salary, with a floor
of $550.00 effective April 1, 2003) annually.
17.12.
Retirement Benefits for Fixed Term Employees
a.
All Fixed Term employees will be given the option of participating in
the AFL-CIO pension plan or a designated individual retirement account.
The Employee shall make this election in writing when first employed.
b.
Contributions to the individual retirement account will be at a rate
equivalent to the contributions made on behalf of employees participating
in the AFL-CIO pension plan.
17.13.
This Agreement notwithstanding, the Group Insurance benefits that are
described in Sections 17.1 through 17.13 of this Agreement shall be available
only to the extent they are described in the summary plan descriptions
and/or policies or plans of insurance issued for such programs for the
AFL-CIO.
Article
18 - Leaves Of Absence
18.1.
Upon written request with as much advance notice from the requesting employee(s)
as possible, the College shall grant employees leave of absence for good
and sufficient cause. Such leave shall not be considered service time
in the accrual of rights and benefits under this agreement but shall not
cancel previous service in determining total service with the College
for any reason. The terms of a leave of absence shall be stated in a document
that is signed by the employee and employer, with a copy sent to the Guild.
18.2.
Union Leave
a.
In the event an employee is elected or appointed to any office or position
in the Newspaper Guild, or a local of the Newspaper Guild, this shall
be considered good and sufficient cause for a leave of absence.
b.
An employee elected as a delegate to a regular convention or special
meeting of The Newspaper Guild/CWA shall receive a leave with full pay
not to exceed one week per year to attend the convention or special
meeting.
c.
Leave with full pay not to exceed one week per year to attend a regular
convention or special meeting of an AFL-CIO affiliated union, other
than TNG/CWA, shall be considered on a case-by-case basis, consistent
with past practice, and approval shall not be unreasonably withheld.
18.3.
Military Service
a.
An employee inducted into the Armed Services of the United States, or
recalled to active duty with the Armed Services, shall accumulate seniority
and retain all other rights under this Agreement while in such service.
b.
On return from such service, the employee may claim his/her original
job or if that job be no longer in effect, a comparable job with a salary
no less than what he/she would have received had his/her service with
the College been continuous, provided that he/she apply for reinstatement
within ninety (90) days after release from the Armed Services.
18.4.
Child-Rearing Leave
a.
An employee, on birth or adoption of his/her child, or gaining of a
foster child, shall be permitted to take child-rearing leave of up to
six (6) weeks with pay.
b. An employee may take additional child-rearing leave of up to five
(5) months without pay.
c.
Child-rearing leave shall be without loss of seniority or benefits.
18.5.
Supplemental Pay: Jury Duty or Military Leave
a.
Employees shall be provided leave with supplemental pay during periods
of required jury duty service and, for a period not to exceed two weeks,
during regular military reserve training.
b.
Supplemental pay from the College shall be in an amount which when combined
with pay received by the employee for such jury duty service, or such
military reserve training, shall equal the total regular salary that
would have been received by the employee from the College for the same
period of time.
18.6.
Paid Leave to Care for a Relative or Domestic Partner
a.
Employees shall be permitted up to six (6) days of leave with pay per
year to care during a serious health condition, for a sick relative
or person with whom the employee shares or has shared within the last
year a mutual residence and with whom the employee maintains a committed
relationship, or a person for whom the employee is the primary care
giver.
b.
This paid leave also may be used to care for an employee’s child during
the child’s illnesses, emergency medical appointments, parent-teacher
conferences, or unscheduled school closings.
c.
This leave need not be consecutive.
d.
If an employee’s need for leave is foreseeable, the employee shall provide
the College with reasonable prior notice of the requested leave.
e.
The College also may require certification or reasonable verification
to substantiate the health condition of the sick relative or person
with whom the employee shares or has shared within the last year a mutual
residence and with whom the employee maintains a committed relationship
for whom the employee requests leave.
f.
Employees with ten (10) years of service shall be permitted three (3)
weeks' leave with pay, without loss of seniority or benefits, to care
for an elderly parent who is critically ill of suffers an acute illness,
during their employment. If an employee's need for leave is foreseeable,
the employee shall provide the College with reasonable prior notice
of the requested leave. The College also may require certification or
reasonable verification to substantiate the health condition of the
parent.
18.7.
Unpaid Leave to Care for a Relative or Domestic Partner.
a.
Employees shall be permitted up to sixteen (16) weeks per calendar year
of leave without pay, but without loss of seniority or benefits, to
care for a sick relative or a person with whom the employee shares or
has shared within the last year a mutual residence and with whom the
employee maintains a committed relationship.
b.
This leave need not be consecutive. If an employee’s need for leave
is reasonably foreseeable, the employee shall provide the College with
reasonable prior notice of the requested leave.
c.
A longer period of time may be granted by the College but it shall be
within the sole discretion of the College.
d.
Any employee claiming leave under this section must, on request of the
College, supply a certificate from the attending physician that the
relative or domestic partner is physically disabled and the relative
or domestic partner may be required to be examined by a doctor chosen
by the College. If the two doctors are in disagreement they shall choose
a third doctor, whose determination shall be binding.
18.8.
Election Day. Each employee shall receive 2 hours off without reduction
in pay to vote on Election Day.
18.9.
Bereavement Leave. Employees shall receive necessary time off without
reduction in pay in the event of death in the immediate family or of a
person with whom the employee immediately beforehand maintained a committed
relationship. For the purposes of this section, a domestic partner’s relatives
shall be treated as espousal equivalents.
18.10.
Blood Donation. Employees who donate blood will be allowed a maximum
paid leave of one-half (½) day.
18.11.
With the prior approval of the President, College staff may participate
at the College’s expense in professional development conferences, seminars,
and academic programs.
18.12.
Except as otherwise provided herein, authorized leaves under paragraphs
18.2 through 18.11 of this Article 18 shall not constitute a break in
continuity of service and shall be considered as service time for all
rights under this Agreement.
18.13.
Temporary Replacement for Employee on Leave
a.
When the College deems it necessary to employ full-time or part-time
personnel as a temporary replacement for someone within the unit on
sick leave, vacation leave, jury duty, pregnancy leave beyond normal
sick leave, military reserve training leave, compassionate leave, leaves
described in this Article 18, the replacement will receive at least
75% of the starting rate for the position being filled.
b.
The College agrees to meet and consult with the Guild regarding the
use of temporary replacements beyond a six-month period.
c. When the temporary vacancy is filled by personnel covered by another
collective bargaining agreement, the compensation will be at least 10%
above the replacement’s present salary and at least 75% of the starting
rate for the position being filled.
Article
19- Classification and Salary Schedule
19.1.
The salary schedules applicable to the positions within the unit are set
forth in Appendix A.
19
2. Effective April 1, 2002, all base salaries shall be increased by 2.0%.
19.3.
Effective April 1, 2003, all base salaries shall be increased by 2.0%.
19.4.
Effective April 1, 2004, all base salaries shall be increased by 2.75%
.
19.5. Effective on the date of Guild ratification of this Agreement, the
Classification and Salary Schedule (Appendix A) shall be reorganized as
follows:
a.
The 14th year step in each Classification salary scale shall be moved
up from the completion of the 14th year of employment to the 10th year.
b.
The 21st year step in each Classification salary scale shall be moved
up from the completion of the 21st year of employment to the 14th year.
c.
A new 21st year step, following the 21st year of employment, shall be
added to each Classification salary scale which addition shall increase
the total number of steps in each Classification salary scale from seven
to eight.
d.
The relationship between the steps in each Classification salary scale
shall remain the same, with the new 21st year step being .7% higher
than the 14th year step.
19.6.
Effective April 1, 2002, any unit employee in the IT Network Support classification
shall receive an “on call” differential of $1,750.00 per year as follows.
To be eligible to receive the “on call” differential, the employee shall
be available on call on evenings and weekends, and shall carry a cell
phone or pager if requested to do so by the College. The College shall
bear all costs associated with such request.
19.7.
Effective April 1, 2002, the current position of Instructional Designer
(Cindy Cooke) will be reclassified as an Educational Specialist, year
3, and it shall be a regular, full time position. Subsequently, the anniversary
date for Cook shall be July 9, and she shall be advanced to Step 5 on
July 9, 2003.
19.8
Effective with the date of ratification, each Guild unit member shall
receive a ratification bonus of $600.00
19.9. Anniversary Review.
a.
The College agrees to meet with each Guild unit member on his/her anniversary
date to review current job performance, possibilities/opportunities
for increased responsibilities, and possible enhanced professional development.
b.
If so desired by the employee, a representative of the Guild may participate
in these meetings.
19.10.
Employees who are promoted from one classification to a higher classification
will be given sufficient credit to place them in their new classification,
one step higher than their current rate, after which they will serve the
required time within each step.
19.11.
Employees shall move to the next higher step within classification on
each appropriate anniversary until they reach the maximum for the classification
as set forth in the schedule above.
19.12.
There shall be no reduction in wages during the term of this contract.
19.13.
Cost-of-living increases given by the AFL-CIO to its Guild-represented
employees under their existing contract will be given to this unit in
corresponding percentages.
19.14.
Direct deposit of salaries shall be arranged for Guild unit members who
request it.
19.15.
The classifications Librarian III, Librarian II, Librarian I, Staff Associate/Librarian,
and Senior Staff Associate/Librarian shall be remain in effect. These
classifications shall parallel the Archivist classifications.
19.16.
The College shall draft job classification descriptions for all unit positions.
This shall be done for all current positions no later than nine (9) months
after ratification of this Agreement. Whenever a new position or classification
is created, the Search Committeee shall draft a description for it and
shall provide to the Guild, along with the salary level at which the College
proposes the position to be compensated. The job classification descriptions
shall specify the minimum qualifications (e.g., experience, education,
and skills) required. Those skills and qualifications shall be directly
linked to the successful performance of the job.
Article
20 - Expenses
20.1.
The College’s present policy concerning the payment of all legitimate
expenses incurred by employees in the service of the College shall apply.
20.2.
Per Diem.
a.
The per diem will be $45 for work assignments conducted in U.S. cities.
b.
The per diem for non-U.S. destinations will be determined prior to each
trip, but in no case will be less than $45.
20.3.
For travel associated with off-campus College-sponsored programs that
involve American plan accommodations, the daily per diem will be adjusted
according to the following schedule:
If the following meal is provided (reduce per diem by):
-
breakfast $5.00
-
lunch $10.00
-
dinner $15.00
Article
21 - General
21.1.
The College shall establish and administer at no cost to employees a Dependent
Care Reimbursement Account plan pursuant to Section 129(a) of the Internal
Revenue Code.
21.2.
The College and Guild will discuss establishing a formal Employee Assistance
Program providing for confidential short-term counseling on the full range
of personal problems.
21.3.
Any economic benefit negotiated between the College and OPEIU Local 2
during the term of this Agreement shall be extended to employees covered
by this Agreement as well.
21.4.
The College will make reasonable efforts to provide for a safe and healthful
work environment, it will comply with safety and health regulations, and
as it installs new equipment or replaces existing equipment or workstations,
the College will provide ergonomic workstations. The College and the Guild
agree to jointly survey the bargaining unit within the six months following
ratification of this Agreement to determine safety and health concerns
of employees. The parties will utilize the existing joint labor management
committee process to seek resolutions to concerns raised.
Article
22 - Professional Development
22.1.
The College will consider an employee’s request to take a professional
development leave of up to six (6) months with benefits to attend a university
or engage in a field of study related to the employee’s employment.
22.2.
An employee who is pursuing a course of study related to work performed
by the College, conducted by a recognized non-profit college or university
or by an education institution accredited by nationally recognized agencies
or associations, will be reimbursed for the costs of tuition and fees
up to a maximum of $2,500.00 per school year (September-August) incidental
to such course of study.
22.3.
The following requirements must be met in order for a bargaining unit
employee to be eligible for reimbursement under this provision:
a.
The course of study must be related to an employee’s current work assignment
or probable future work assignment. Certification of relevance to work
must be obtained from the College prior to enrollment;
b.
The course of study must be on the employee’s own time, unless specifically
approved by the College, and,
c.
The employee must provide evidence of satisfactory completion of the
course with his/her application for reimbursement (a course grade of
“C” or higher).
22.4.
The maximum payable under this provision to any individual is $8000.
22.5.
A joint committee shall be established to study the issue of sabbatical
leave and recommend a policy on such leave, if the committee reaches agreement,
such recommendation shall be presented to the George Meany Center/National
Labor College Board of Trustees.
Article
23 - Academic Freedom
23.1.
It is the policy of the College to maintain and encourage full freedom,
within the law, of inquiry, teaching, research and publication. In the
exercise of this freedom, faculty members may, without limitation, discuss
their own subject both in the classroom and while engaged directly in
the professional pursuit of their discipline. All College Faculty Members
are entitled to freedom in the classroom in discussing their subject,
but they should be careful not to persistently introduce into their teaching
controversial matter which has no relation to their subject.
23.2.
The principle of academic freedom shall be accompanied by a corresponding
principle of responsibility toward the College, its intellectual objectives
and to reasonable exercise of critical thought within the Faculty member’s
discipline of instruction.
23.3 In their extramural activities or utterances, faculty have the same
freedoms and privileges as protected by law for all citizens generally.
Remembering that the public may judge their profession and their institution
by their utterances, in their extramural utterances, faculty should be
careful to indicate that they are not institutional spokespersons, and
that their point of view does not represent official policy of the College.
Article
24 - Respect and Dignity
The College and the Guild agree that it is their mutual aim to act at
all times in such a manner as to treat all employees of the GMC-NLC with
respect and dignity.
Article
25 - Labor Studies Faculty Governance
25.1
Responsibility and Authority for Academic Policies, Programs and Procedures
25.1.1 To the extent not inconsistent with the statutory duty to bargain
or the provisions of this agreement, the President, Provost, and Board
of Trustees have final authority over academic policies, programs, and
procedures of the National Labor College.
25.1.2 The Resident Labor Studies Faculty (the “Faculty”) is uniquely
qualified to participate in the governance of the National Labor College,
both because of its subject matter expertise and because of its intimate
familiarity with the needs of students and the operations of the College.
The unique qualifications of the Labor Studies Faculty are especially
recognized in the Faculty’s primary responsibility for reviewing and
formulating academic policies, procedures, and programs of the College
in the discipline of Labor Studies.
25.1.3 The Resident Labor Studies Faculty (the “Faculty” for the purposes
of this Article) shall be open to all Labor Studies Faculty members,
including the Library, Archives and Educational Design Unit, and members
of the College Administration with faculty appointments for Labor Studies.
The Faculty shall not include Adjunct Instructors, or Visiting Faculty
members, but it shall include Fixed Term and Grant Fixed Term Faculty.
The Faculty shall include all members of the College administration
who hold Faculty appointments to the College whether or not such administrators
teach scheduled courses offered by the College.
25.1.4
The President, Provost, and Faculty each have responsibility, within
their respective spheres of activity, for initiating and proposing revisions
to policies, procedures, and programs. The Faculty has a particular
responsibility to carefully weigh and consider all initiatives and recommendations
from the College. While all considered recommendations of the Labor
Studies Faculty shall be studied and respected by the College Administration,
the College’s Board of Trustees, the President and Provost shall not
be bound by any recommendation that is made by the Labor Studies Faculty
or by any Committee of the Labor Studies Faculty.
25.1.5
A decision made by the College not to implement a recommendation made
by the Faculty or Faculty Senate under this Article may not be grieved
or arbitrated, except to the extent that a decision is inconsistent
with an express provision of this Agreement or jointly adopted procedure.
No decision made through the governance procedure which is about or
affects a term or condition of employment shall be implemented without
notice to and, where appropriate, bargaining with the Guild.
25.1.6
In the event the College hires additional new disciplines to create
new departments, Faculty governance shall be fashioned and implemented
as described herein for the Labor Studies Faculty (including the Library
and Archives and EDU). The College shall notify the Guild promptly at
the time additional disciplines are recognized by the College and/or
the Board of Trustees Guild unit members in departments not yet in existence
or that come about through reorganization of faculties shall be covered
by these provisions, as amended, following notice and appropriate bargaining,
where necessary, with the Guild.
25.2
How Faculty Governance is Exercised; Specific Areas of Primary and
Secondary Responsibility
25.2.1
The Labor Studies Faculty exercises its responsibility for formulating
academic policy in the area of its discipline through Faculty Governance
Meetings, through meetings of the Faculty Senate, and through the standing
and ad-hoc committees and sub-committees of these bodies.
25.2.2
Standing committees at the level of both Faculty Governance Meetings
and the Faculty Senate shall be (1) Curriculum, (2) Academic Standards,
and (3) Facilities and Student Affairs. All standing committees shall
include both members of the Faculty who are in the Guild unit, and members
of the Faculty who are members of the College Administration.
25.2.3
The Faculty acts in the first instance on curriculum, academic policies,
and procedures, of the College in the area of its Labor Studies discipline
through Faculty Governance Meetings. Through the Faculty Senate, the
Faculty acts on the formulation and application of College-wide academic
standards and policies, including academic priorities, new degree programs,
resource allocation, alternative educational programs and instructional
sites, application of the principles of academic freedom and rules on
tolerance and equal employment opportunity, and strategic planning.
25.2.4
The Faculty may express its views on any matter. Faculty recommendations
concerning the formulation and application of academic policies and
procedures in the Faculty’s Labor Studies discipline are to be given
great weight. Recommendations within the Faculty’s Labor Studies discipline
and area of primary responsibility should be accepted and implemented
unless there are compelling reasons not to do so.
25.2.5
Provided they are within the Labor Studies Faculty’s area of discipline,
matters within the Faculty’s primary area of responsibility include:
- Development
design and approval of programs of study, including degree and non-degree,
on-campus, and off-campus programs of the College
- Development,
design, and approval of curricula for existing programs of study and
degree programs of the College
- Education
policy, including times, places, and manners of instruction, such
as distance learning, off site programs, affiliate programs, and the
use of internet technologies
- Articulation
agreements and other relationships with other institutions and programs
of higher education
- Student
advisement, mentoring and student assistantships
- Academic
calendar
- Teaching
assignments of adjunct and resident faculty
- Academic
standards, including admission, academic honors and degree requirements
- Teaching
and scholarship standards
- Academic
equivalency credits awarded to participants
- Announcement
and filling of Faculty positions
25.2.6
Matters within the Faculty’s area of secondary responsibility are
- Review
of adequacy of teaching facilities and student resources
- Academic
and Admissions standards and policies
- New
Academic programs
- Policy
on resource allocation
- Application
of the policy on Academic Freedom
- Application
of rules on tolerance and equal employment opportunity
- Alternative
Educational programs and sites, and
- Strategic
Planning
- Hiring
of a Provost, President, and other key administration officials
- Review
of communication with external agencies
25.2.7 The College will review all recommendations made by the Faculty
through Faculty Governance Meetings or by the Faculty Senate. As soon
as possible after receiving the recommendation, the President or Provost
will tell the Faculty what the anticipated time frame will be for a
decision and may request a clarification of the recommendation in writing.
25.2.8 Decisions by the College not to implement or to substantially
revise recommendations within the Faculty’s area of primary responsibility
are to be conveyed in writing in a timely manner. The written notice
should be detailed enough to explain why the recommendation was not
adopted. Recommendations of the Faculty at the Faculty Governance Meeting
level that are rejected by the Administration may be presented to the
Faculty Senate for review. Recommendations of the Faculty Senate that
are rejected by the Administration may be presented to the Board of
Directors by the Faculty Chair of the Faculty Senate.
25.3
Faculty Governance Meetings and Committees
25.3.1
Faculty Governance Meetings shall be held once a month. All Labor Studies
Faculty as defined in § 25.1.3. of this Agreement shall be entitled
to and shall be permitted to participate. When it meets in regular session,
the Faculty shall act as a committee of the whole, giving each member
of the Labor Studies Faculty (including Administrators) an equal voice
and vote in all matters that may be considered by it.
25.3.2
The Chair of the Labor Studies Faculty shall be the College’s Provost.
The Faculty who are members of the Guild unit shall appoint a secretary
who is a member of the Guild bargaining unit to keep its minutes, as
the members of the unit may find appropriate.
25.3.3
The Provost shall be responsible for receiving agenda items and coordinating
dates and times for meetings. Disagreements over agenda items are to
be decided in favor of inclusion. Disagreements over dates are to be
decided in favor of dates most likely to facilitate a quorum and the
attendance of members of the entire Faculty as defined in § 25.1.3.
of this Agreement who may have special information concerning, or who
may be particularly affected by, agenda items, while still permitting
the timely conduct of business.
25.3.4
Regular Faculty Governance Meetings shall be scheduled at least one
month in advance, and may be scheduled up to a year in advance. The
Provost, may call additional meetings when necessary to conduct business,
and shall call additional meetings when requested by the Faculty.
25.3.5 Agendas shall be provided in e-mail (at least one day in advance)
and hard copy (at the meeting on the day of the meeting) to all Faculty
members as defined in § 25.1.3. of this Agreement at least one
day in advance of scheduled meetings. Requests to place an item on the
agenda may be submitted by any Faculty member at any time until the
agenda is distributed. Requests to add agenda items may also be made
at meetings, but may be deferred by the Faculty to another meeting if
there is insufficient time to reach a new item or if additional notice
is needed for adequate consideration. Prior to each meeting, any Faculty
member may submit a written request to the College for information that
is relevant and reasonably related to the Faculty’s responsibilities
under this Article. The Administration shall provide all information
that is reasonably available provided the information is not repetitious
or burdensome. If the Administration has questions or concerns about
the information request, the Provost shall meet with the Faculty. The
faculty shall be entitled to ask for clarification of any information
provided.
25.3.6.2
In addition to any information requests from the Faculty, at each meeting
the President or Provost shall provide the Faculty with an update of
new and ongoing academic initiatives within the faculty’s primary and
secondary areas of responsibility, including proposed programs, positions,
teaching assignments, curriculum changes, schedule changes, and changes
to academic policies and standards. The update may be in narrative form
or outline form or a combination of the two, as long as the update is
sufficient, in conjunction with any oral presentations made at Faculty
meetings, to enable the Faculty to carry out its responsibility of review
and formulation of academic policies and programs. The Faculty may request
clarification of any part of the update, and to the extent the requested
information is reasonably available, it will be provided. A written
update will be distributed by the Provost at least quarterly.
25.3.7
The Faculty may establish committees and sub-committees of standing
committees as necessary. Committees and subcommittees shall be chaired
by a Guild Faculty member Such committees shall be filled by volunteers
for appointment to the committees. In the event that there are insufficient
volunteers, the Provost in consultation with the Faculty, may appoint
committee members. Each committee shall have a minimum of three members,
and at least two of whom shall be members of the Guild bargaining unit.
Whenever possible, the ratio of Faculty to Administration members, including
the committee chair, shall be no less than three to two.
25.3.8
Each person on a committee, whether Faculty or Administration, is entitled
to an equal vote on all actions and formal recommendations of the committee.
25.3.9
Committees of the Faculty may not take action on their own, but must
report back to the full Faculty Meeting with their findings or recommendations
for final action.
25.3.10
Faculty recommendations and decisions, including appointments to standing
committees and establishment of and membership on ad-hoc committees
and subcommittees, may be made by consensus, but formal votes may be
sought on any matter. When votes are taken, each Faculty member as defined
in § 25.1.3. of this Agreement shall be entitled to one vote.
25.3.11
A quorum for Faculty Meetings shall be the attendance of more than half
the Faculty, as defined in § 25.1.3. of this Agreement Including
more than half of the Faculty who are Guild Unit Members. No proxy votes
shall be permitted, provided, however, in the event of an important
question a vote may be cast on an agreed question by mail or e-mail
ballot if the Faculty member is unable to attend.
25.4.
Faculty Senate and Faculty Senate Committees
25.4.1
There shall be a representative body to be known as the Faculty Senate.
The Faculty Senate shall exist separate and apart from the Labor Studies
Faculty Governance Body, and from any other Faculty subsequently recognized
by the College, including a Technical and Professional Studies Faculty.
Starting January 1, 2 |