2016 TA Changes Detail
(Note – this document has not been checked for accuracy by the District. No errors are known to exist, but the actual TA will take precedence should this document and a TA differ.)
TA #1 – 2017 – 18 Calendar
Flex Day – August 25th
Fall Semester – August 28th – December 17th
Winter Intersession – January 8th – February 18th
Spring Semester – February 26th – June 17th
Summer Intersession – June 21st – August 1st
TA #2 – Error Corrections
On page 14: 1.C. Add: Definition of Term/Primary Term: The word “term,” when used as a period of time, refers to the fall session, the winter intersession, the spring session, and the summer intersession individually. “Primary term” refers only to the fall and spring sessions.
On page 16: 3.C. Change “…semester…” to “…primary term…” here and in all places where the intent is the fall or spring semester (including 7.B., 9.C., 9.D., 10.A.4., 10.G.2., 10.K.,10.L., 10.M.4., 10.O.1., 10.P.1-2., 10.P.5., 10.Q., 13.A.1-2., 16.I.2, 16.M.3., and 23.A.1-2)
On page 29: 10.B.4. Add to end: “Department chairs shall also maintain department chair hours as per Article 10.M.1.a.”
On page 37: 10.N.1.c. Change “… 3 year or 1 year term as appropriate.” to “… 2 year term.”
On page 39: 10.Q. Remove the sentence “This priority of assignment … intersession terms.” the second time it appears in the paragraph.
On page 46: 13.B.8. Change “…on campus…” to “…on-campus…”.
On page 50: 16.B.6.c. Change “Regular terms” to “Primary Terms.”
On page 57: 16.K.5. Change “term” to “primary term” in four places.
On page 66: 18.A.2. Add to the second sentence “…except for visitations under Article 18.P.2.”
On page 75: 18.H.2.e. Education Code 76095 does not exist. The quote is from section 87605.
On page 82: 18.I.1. Remove the heading “18.I.1.” and renumber 18.I.1.a – 18.I.1.g. to 18.I.1. – 18.I.7.
On page 85: 18.K.1. Update the document so that the relevant administrators are listed by their current titles.
On page 85: 18.K.2. One of the sections listed is “8.B.14.” This should be “18.B.14.”
On page 95: 20.B.5.c. Change “… on tape. Arbitration hearing tapes …” to “…in an audio only format. Arbitration hearing recordings …”
On page 109: A.4.d. Change “…1,397 hours…” to “…1,370 hours…” so as to align with Article 10.H.3.
On page 114: B Add to third paragraph: “However, a department chair’s reassigned time shall not be less than six LHE nor more than twenty-four LHE.”
On page 134: H.2.c. Add periods to the four lines under the heading “Reference Interview.”
On page 156: H.7.a. Change the box labeled “Form 7.H.b. (attached)” to “Form H.7.b. (attached)”
TA #3 – Online Student Evaluations Survey
(This TA is about a survey that was given out to most full-time faculty back in February. The TA does not contain any additions to the FA Contract.)
TA #4 – Article 16 changes:
16.B.10. Notification of Absence: Whenever possible, A unit member shall contact the office of the division dean as soon as the whenever there is a need to be absent is known. Unless there are extenuating circumstances, the absent unit members shall contact the office and at least thirty (30) minutes prior to the start of the missing any work assignment. Should circumstances prohibit this notification, the unit member shall notify the division office in writing, within one week of returning to work, providing the reasons why advance notification was not given.
16.C.2.b. Adjunct Unit Members: Adjunct members may use accumulated sick leave for personal necessity but only in an amount equal to 50% of the hourly sick leave entitlement for the employment period during which the personal necessity leave is taken. The computation of 50% of sick leave entitlement will be rounded to the nearest whole hour, The total number of hours allowed in each term shall not exceed 6 hours.
TA #5 – Article 15 changes:
15.A. Teaching Labs Definition: Laboratory courses classified as teaching labs are laboratory courses requiring preparation and student evaluation outside of regular class time by the professor. These courses have, as a primary function, the teaching of concepts rather than skills development as the final outcome of the course. These teaching lab courses are assigned a load and compensation value of one (1) LHE per hour of lab time scheduled. Criteria for identifying a teaching lab are: the laboratory course requires the active continuing presence of the instructor with ongoing involvement in lecturing, demonstrating, or assisting the student; the course includes multiple topics that must be taught by the professor in the teaching lab in addition to assignments that must be graded by the professor outside of regular teaching lab time. Prep time for the teaching lab is also considered.
Faculty who teach lab parity classes are expected to:
· Construct a lab schedule that centers on topics not covered in lecture, not the repetitive practice of a skill;
· Assign reports, practicals, and projects that are lab focused and that the professor grades outside the class time separate from the tests, quizzes, and assignments associated with and given during the lecture portion of the class;
· Maintain an active continuing presence in the lab – presenting material not covered in the lecture portion of the class, providing demonstrations, and circulating as to evaluate and assit during lab time; and
· Conduct a final exam (or lab experience) on lab topics during the last week of classes in a different time block than the final lecture exam.
15.B. Lab Parity Committee: The Lab Parity Committee shall be made up consist of three administrators, selected by the Vice President of Instruction, and three faculty, appointed by the Faculty Association President, with at least one faculty member from a department with laboratory courses.
TA #6 – Article 8 changes (see new Article 10.O):
8.H. Faculty Inquiry: The District agrees to allocate $45,000 in 2014-15 and 2015-16 for a pilot program to fund Faculty Inquiry projects. The funds will be allocated to Professional and Organizational Development and will be accessed by request by unit members, teams of unit members, or departments through a process recommended by the Faculty Professional Development Council and approved by the Vice President of Instruction and the Vice President of Student Services. A review of the process by a jointly appointed task force will occur during the fall of 2015 and based on that review, a recommendation will be made to the negotiation teams for 2016-17 reopener negotiations.
TA #7 – Article 16 changes:
16.A.1.a. Family and Medical Leave Act (FMLA): A unit member on FMLA for the purposes of the birth of a son or daughter or placement of a son or daughter with them through adoption or foster care, or to care for a spouse, domestic partner, son or daughter or parent who has a serious health condition, is entitled to have the first thirty (30) consecutive calendar days of FMLA leave without a loss of salary or deduction from accumulated sick leave. Such leave shall require verification of FMLA eligibility. Additional FMLA leave, that will be unpaid or deducted from accumulated sick leave, may be granted under the FMLA law.
16.E. Parental Maternity Leave:
16.E.1. Definition: Parental leave shall refer to a leave for the purpose of a parent preparing for the arrival of or care for a new child. A parental leave shall not constitute a break in service.
16.E.2. Paid Parental Leave: A full-time unit member shall be entitled to a maximum of thirty (30) consecutive calendar days of parental leave without loss of salary or deduction from accumulated sick leave per FMLA Leave Article 16.A.1.a. Such leave shall commence no earlier than the arrival date of a new child and end no later than sixty (60) days after the arrival of a new child. Verification of pending arrival or arrival of a child is required prior to the commencement of such leave.
16.E.3. Use of Sick Leave: A unit member shall have the right to utilize sick such leave as additional parental leave as provided for in Article Section 16.B of this Agreement and the benefits provided for by Sections 87780 87766 and 87784.5 of the Education Code for absences necessitated due to a disability caused by pregnancy, miscarriage, childbirth and recover there from. Verification of disability must be by a licensed physician or licensed practitioner .subject to the following provisions:
16.E.3.a. Up to 30 days of sick leave may be used in a school year, less any days of leave used pursuant to Article 16.C. (Personal Necessity Leave), to care for a child within the first year of the unit member’s infant’s birth or within the first year of the unit member legally adopting or gaining guardianship of a child.
16.E.3.b. Remaining sick leave may further be used for absences due to a disability caused by pregnancy, miscarriage, childbirth, and recovery therefrom. Verification of the disability must be made by a licensed physician or licensed practitioner. After all full-paid sick leave (current entitlement and accumulated) is exhausted, the unit member may receive non-accumulated sick leave subject to the provisions of Article 16.B.8 substitute differential pay.
16.E.4. Unpaid Maternity Leave: In accordance with Section 87766 of the Education Code, a maternity leave of absence without pay shall be granted to a unit member upon request and subject to the following provisions:
16.E.4.a. Request: The request for maternity leave shall be presented to the appropriate Vice President. The period of leave, including the date upon which the leave shall begin, shall be determined by the unit member and her physician or licensed practitioner.
16.E.4.b. Medical Statement: A statement from the unit member’s physician as to the beginning date of the leave and anticipated return to service shall be filed with the district at least 30 days prior to the anticipated start date of the unpaid leave, if possible.
16.E.5. Duration: Total parental Maternity leave (paid and unpaid) shall not exceed one year per child.
16.F. Child Rearing Leave: At the request of a unit member, an unpaid leave of up to one (1) year for the rearing of a minor child may be granted by the appropriate Vice President. This leave provision is separate and in addition to other leaves in this Article.
TA #8 – Article 20 changes:
20.A.22. Working Day Definition: For the purpose of this grievance procedure, a “working day” is any day Monday through Friday on which faculty are required to be on campus during the terms in which the faculty member has an assignment.
20.A.25. Representation: The grievant may have an Association representative with them through this and other levels of the grievance process.
20.B.1. Level One – Informal Resolution:
20.B.1.a. Presentation of Grievance: Within 30 working days of the knowledge of the alleged violation, a faculty member who believes that a section of this contract has been violated must complete the Presentation of Grievance form and submit copies to his/her immediate manager and the Faculty Association Office.
20.B.1.b. Informal Conference: Before filing a formal grievance, the grievant shall attempt to resolve the matter by an informal conference with his or her next immediate administrator within ten (10) working days of the knowledge of the alleged violation. An informal meeting between the faculty member and his or her immediate manager shall take place within five (5) working days of the manager receiving the Presentation of the Grievance form. The purpose of this meeting is to resolve the complaint in an informal manner. The outcome of this meeting will be noted on the Presentation of Grievance form as resolved or not resolved along with both parties’ signatures. A copy of the completed form will be sent to the Faculty Association office and the Office of Human Resources. Discussion: The employee shall discuss the matter orally with his or her immediate administrator during non-teaching hours. Only the grievant and the administrator will be present.
20.B.1.c. Timeline: Within ten (10) working days, the immediate administrator shall give his or her oral response to the grievant.
20.B.2. Level Two –Mediation Conciliation:
20.B.2.a. Timeline: If the grievance is not resolved at the informal level, the grievant will have ten (10) working days within which he or she shall submit to the Office of Human Resources a written and signed statement of grievance on forms provided by the District. The Office of Human Resources shall have ten (10) working days to establish a mediation conciliation team.
20.B.2.b. Mediation Conciliation Team: The grievance shall be forwarded to a mediation conciliation team composed of one faculty member and one administrator appointed by the Association and the District, respectively. The faculty member and the administrator shall not be from the same division as the grievant and respondent. The mediation team shall meet with the grievant and the immediate administrator that reports to the Vice President with the intent to try to resolve the grievance. The mediation team will submit a report within fifteen (15) working days which either outlines the resolution or documents that no resolution can be reached. The mediation team shall have no authority to impose a resolution upon the parties.
20.B.2.c. Process: Within ten (10) working days after the formation of the conciliation team, the conciliation team, the grievant and the respondent will meet. At this meeting, the grievant shall specifically cite the article in the contract that is being grieved and the specific remedy being sought. Additionally, the Faculty Association will provide rationale as to how the grievance relates to the cited article. The conciliation team shall work with the parties with the intent to try and resolve the grievance. After this meeting, the conciliation team shall have five (5) working days to discuss, develop, and forward a written conciliation recommendation for resolution of the grievance. Upon receipt of the recommendation, both parties will have five (5) working days to consider the conciliation recommendation from the conciliation team. The signed decision of both parties shall be submitted by the conciliation team to the grievant, the respondent, the Office of Human Resources and the Faculty Association Office. Failure of either party to reply to the conciliation team by the above deadline shall be interpreted as a rejection of the recommendation.