CONTINUING APPOINTMENTS
A.
General
Provisions
1.
This Article applies to NSF appointments
that commence following the completion of six years of University employment in
the same department, program or unit at the same campus. One (1) year of
employment is defined as three (3) quarters or two (2) semesters for academic
year appointees, and four (4) quarters or equivalent for fiscal year
appointees, at any percentage in any unit title in the same department, program
or unit at the same campus. For the purposes of this MOU, Summer Sessions are
not considered part of the regular academic year, and are neither an academic
quarter nor semester, nor portion thereof.
2.
Except as provided for in this MOU, the
University has the sole discretion to make determinations regarding
instructional need for courses to be taught by NSF, who is assigned to teach
specific courses, and evaluation of NSF performance. Such decisions are not
subject to the grievance or arbitration provisions of this MOU except to the
extent the grievance alleges a violation of a provision of this Article that is
otherwise grievable and arbitrable.
3.
Current Post-Six Year NSF
Transitioning to Continuing Appointees
a.
NSF who have a post-6 year appointment,
and to whom the University has not provided notice that their appointment will
not be continued into the next academic year, will be transitioned to
Continuing Appointments no later than the term following the ratification date
of this MOU.
1)
The initial Continuing Appointment
percentage of appointment will be the academic year appointment percentage in
effect when the contract went into effect.
2)
The NSFıs next merit eligibility date
shall be three years following the effective date of the NSFıs last merit
increase and/or the effective date of the NSFıs last contract, whichever is
more recent.
b.
Nothing shall preclude the University
from augmenting the appointment percentage of these NSF, or from providing a
layoff (including reduction in time) notice to these NSF, in accordance with
the provisions of this Agreement.
c.
The University will not transition to
Continuing Appointments those NSF who were reviewed during the current yearıs
or the previous yearıs normal needs assessment and excellence review, and to
whom the University provided notice that they will not be reappointed.
4.
The University may reduce the initial
appointment of a Continuing
Appointee only in accordance with the provisions of Section B.2.b of this Article. The University may terminate or reduce
the appointment of a Continuing Appointee only in accordance with the
provisions of Article 17
Layoff; or Article 30 Discipline and Dismissal.
5.
Whenever possible, the University will
consult with an NSF before making course assignments or reassignments.
6.
It is not the intent of the University
to reduce appointment percentages in the sixth (6th) year to avoid
continuing appointment levels that reflect actual need.
B.
Establishing
the continuing appointment percentage
The appointment percentage for a Continuing
Appointment shall be in accordance with the following provisions:
1.
Continuing Appointment: A Continuing Appointment does not create entitlement
to tenure or security of employment nor does it guarantee specific teaching
assignments.
2.
Continuing Appointment Base: The University will make all appointments at a
specific appointment base percentage, in accordance with this section. The
Continuing Appointment Base is the percentage appointment as initially set by
the department in which the NSF is appointed to a Continuing Appointment. The
department will provide the NSF with written confirmation of her/his
appointment percentage before the beginning of the academic term.
a.
Normally, the NSFıs initial continuing
appointment percentage shall be at least equal to the NSFıs appointment
percentage during the previous academic year. However, the initial continuing
appointment percentage may be lower than the percentage appointment of the
previous academic year if the University determines that the courses taught by
an NSF in the previous academic year will not be offered or taught by the NSF
because:
1)
Instructional Need does not exist
pursuant to Article 7b., Section B.2., or
2)
The courses will be taught by an NSF
with more service and there are no other courses taught by less senior NSF in
the area within the department, program or unit where the candidate for
continuing appointment has been teaching and is qualified to teach.
b.
When the initial continuing appointment
percentage is reduced by no more than a single course after the NSF received
the written confirmation of her/his initial appointment percentage pursuant to
Section C.2., below, the University will provide the NSF thirty (30) days
notice or pay in lieu of notice. The University shall also inform the NSF in
writing of the specific reasons for the lower appointment percentage.
c.
Nothing shall preclude the University
from establishing a higher initial continuing appointment percentage.
3.
Augmentation: The department, program or unit in which the NSF
has the Continuing Appointment may permanently augment a Continuing Appointeeıs
appointment base. Augmentations to the base appointment shall become part of
the base appointment except as provided in this section and section 4., below.
a.
The department, program or unit may only
reduce this new appointment percentage pursuant to the provisions of Article
17, Layoff.
b.
Augmentations or appointments made by a
department, program or unit other than the one in which the NSF has a
continuing appointment shall not be added to the continuing appointment base.
4.
Temporary Augmentation: Augmentations made to continuing appointments which
are of a distinct and finite period of one year or less shall not be added to
the NSF's continuing appointment base. Temporary augmentations meet temporary
academic instructional needs. These temporary academic instructional needs may
result from:
a.
faculty leaves;
b.
circumstances which require emergency
course coverage;
c.
the need to deliver instruction until
newly hired ladder rank faculty are scheduled to begin teaching;
d.
temporary and/or unanticipated
fluctuations in enrollment; or
e.
programmatic change designed to meet the
academic mission of the University.
5.
Any augmentations outside the
department, program or unit in which the NSF received a continuing appointment
will be treated as a separate appointment.
6.
If an NSF is laid off or otherwise
separated from the department, program or unit in which s/he has a continuing
appointment, another department may employ her/him.
7.
The parties recognize that there will be
instances in which additional courses become available to which the University
has decided it will assign NSF. In such instances, the University will give
consideration to a Continuing Appointee who is less than one hundred percent
(100%), if the University determines that such Continuing Appointee is fully
qualified to teach the course. The determination of who is assigned is at the
sole discretion of the University.
8.
The parties recognize that there will be
instances when the University will need to add sections of courses that are
currently being taught by Continuing Appointees. If the University adds such a
section, it will give consideration to assigning the section to a Continuing
Appointee under the following conditions:
a.
the Continuing Appointee is already
teaching a section of the course;
b.
the augmentation to the Continuing
Appointeeıs appointment will not cause the appointeeıs workload to exceed 100%.
Notwithstanding the Universityıs obligation in this
section, the University retains the sole discretion to assign the course to
another academic appointee.
1.
Letters of Continuing Appointment shall
be consistent with this MOU.
2.
When an NSF is offered a continuing
appointment, s/he shall be informed in writing of:
a.
the title of the position;
b.
the salary rate;
c.
the name of the employing department,
program or unit;
d.
the date upon which the appointment
commences;
e.
the percentage of time;
f.
the nature of the appointment and the
general responsibilities;
g.
the name of the department chair,
program head or other person to whom the NSF reports; and
h.
the University and UC-AFT Web Site
address where the contract can be found.
D.
GRIEVABILITY AND ARBITRABILITY
1.
Allegations of procedural or factual violations of this Article shall be subject to the
full grievance and arbitration provisions of this Article.
2.
An arbitrator reviewing procedural
violations shall have the authority to order the University to redo the
procedure.
3.
An arbitrator shall not have the
authority to substitute her/his judgment for the Universityıs with respect to
instructional need, academic qualifications, or determinations of excellence or
non-excellence and thereby compel the University to make or continue an
appointment or assign an NSF to a particular course/assignment.