UConn-AAUP
Collective Bargaining Agreement
Overview
Michael Bailey, UConn-AAUP Executive Director
Tom Peters, Gene Salorio, Suman Majumdar,
Evelyn Simien, Amy Kenefick Moore
June 26 & 27, 2017
Final Bargaining
• Controlled by SEBAC TA signing – “all unit bargaining concluded
by….”
• Originally June 13, 4:30 PM
• Then June 20, 4:00 PM
• We finished June 22, 2017 after 4 straight days, almost around-the-clock
• Thank Team members: Tom Peters, Gene Salorio, Suman Majumdar,
Evelyn Simien, Amy Kenefick Moore, David Amdur
• Endorsed by the Officers of the Chapter; EC presented with
Agreement on Thursday for approval to send to membership.
SEBAC TA Reached
• Finalized over the weekend
• Available on UConn-AAUP Website
• Highlights:
• Extension of the Agreement until 2027 with layoff protections until
6/30/2021
• No change in pension structure until 2022
• Increase in pension contribution – 2% over contract
• No change in health care plans: POS, POE
• Increase in premium sharing by 3% over contract
• Group Medicare Advantage vehicle for retirees health plans
UConn-AAUP Contract Ratification Timeline
• July 3, 2017 – Email from Survey and Ballots : Voting Begins
• July 13, 2017 4:00 PM – Voting Ends
• July 17, 2017 – Tallying/Announce results
• One Ballot – Two votes
• SEBAC Vote
Yes
No
• UConn-AAUP/BOT Vote
Yes
No
Article 19 Salary & Benefits
• August 23, 2017, August 23, 2018 – 0% General Wage Increase (GWI)
• July 1, 2018, one time payment of $2000, full-time unit members
• Pro-rated for part-time
• Adjuncts $1,000 for multi-year, $500 at least 6 credit, $250 1-6 credits
• August 23, 2019, August 23, 2020
• 3.5% General Wage Increase
• 2% Merit
Promotional Increases
Effective August 2017, 2018
Effective August 2019, 2020
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•
•
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•
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Instructor - $800
Assistant Professor – $1,200
Associate Professor - $2,500
Professor – $3,500
Instructor- $900
Assistant Professor – $1,500
Associate Professor – $3,000
Professor – $4,500
Article 19 Salary & Benefits (Cont.)
• Tuition Reimbursement – $20,000 ($11, 576)
• Child Care - $160,000 ($80,000)
• Professional Development – $2,000 max; (FY 2017 -$1,200)
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•
•
•
•
•
(FY2017 - $665,635)
FY 2018 - $760,000
FY 2019 - $810,000
FY 2020 - $860,000
FY 2021 - $910,000
30% restricted to junior faculty in years 1 - 7
Article 19 Salary & Benefits (Cont.)
• Longevity Payment – per SEBAC 2017, April 2018 payment pushed to
July 1, 2018. October payment “on-time.”
• Adjunct Compensation:
•
•
•
•
•
August 23, 2017 - $1,556
August 23, 2018 - $1,556
August 23, 2019 - $1,700
August 23, 2020 - $1,732
2 or more years of continuous employment – 2% increase (1%)
Article 19 Salary & Benefits (Cont.)
• Provost Fund – From General Fund (.19% out): “For making increases
in base salary as he/she sees fit in order to retain faculty in the face of
market competition; to address other salary disparities including
salary compression and inversion, to make equity adjustments, or to
recognize special achievement.” “Faculty may also apply for such
increases on the basis of salary disparity, including equity, or for
promotions prior to the commencement of this Agreement.”
•
•
•
•
FY 2018 - $300,000
FY 2019 - $300,000
FY 2020 - $300,000
FY 2021 - $300,000
Article 19 Salary & Benefits (Cont.)
• Furlough Days – 3 “Employees may schedule their furlough days as
they choose, before Jun30, 2018, balancing competing responsibilities
of teaching, research and service, subject to the approval of their
supervisors in accordance with University business needs and staffing
requirements.
• Job Security – protection from loss of employment for full-time and
multi-year appointed bargaining unit members through June 30,
2021.
Article 13- Members of the Unit Not In A
Tenure Track
• New to Article - All Faculty with Clinical Titles – Audit of personnel to
determine immediate eligibility for multi-year appointments
• Out of Article - Athletic Specialist (Coaches, Trainers, Admin
Personnel) Separate Article negotiated
• Just Cause for non-renewal of multi-year appointments maintained
• Examples of just cause expanded – incompetence, failure to meet
continuing education requirements, or to fulfill professional
responsibilities.
New – Coaches & Trainers
• Pertains to titles of Head Coach, Associate Head Coach, Asst. Coach, Trainer
– All Specialist IA-IVA
• Two Tiers
• I – Football & Basketball
• II – All Other NCAA Sports
• No member assigned to Tier I or Associate/Asst. Head Coach assigned to
Tier II, may be hired or renewed for a term longer than the head coach of
their sport
• Following a 1-year probationary period, Trainers & Specialists in Tier II shall
be eligible for 1-year appointments, in 7th year or prior too, shall receive
multi-year contracts of 3 and 5 years – non-renewal for cause
New – Coaches & Trainers (Cont.)
• Notice of Termination - Tier I employees employed exclusively by Tier
I teams; if Head Coach separated before end of contract, Tier I
employees w/ < 1 year receive 90 days notice; Tier I employees w/ >1
year receive 180 days
• Audit conducted by Administration by 12/30/17 to determine who is
eligible for multi-years who don’t yet have one
• Just Cause protection for Dismissal or Discipline for employees in all
Tiers
• Non-Renewal shall not require just cause except for Trainers &
Specialists in Tier II ( similar to Art. 13 protections)
Compensation for Online Course
Development
• In order to receive compensation, member must sign Online Course
Development Agreement
• Minimum for developing online course shall be $7,500 ($5,000)
• “Right of first refusal” in Online Course Development Agreement
means during each term, the developer shall be given first
opportunity to instruct course they created. If they decline, another
instructor may use/adapt material without further compensation to
developer.
Summer and Intersession Compensation –
New
• Non-W Credit Courses
• $1,700 ($1,620) per credit for enrollments up to and including 8 students;
$189 ($180) per credit per student will be added for each additional student
up to maximum of 11% of faculty member’s normal academic year salary
• Effective August 2020 – $1,794 per credit, $200 per credit per student for
additional students
• W Credit Courses
• $1,700 ($1,620)per credit; $231 ($220) per credit per student for additional
over 8
• August 2020 – $1,794 per credit; $244 per credit per student for additional
students
Article 25 – Merit
• Pulled back on adjusting percentage of distribution – maintained
current allocation – 30% to Provost and Deans
• 2% of salaries establish Merit Pool for distribution in August 2019,
and August 2020
• Departments may establish merit criteria consistent with new article
on Departmental Faculty Governance
Article 26 Temporary Employees
• New - Notice of Termination ( similar to Art. 13) In the event of
programmatic change, low course enrollment, or bona fide fiscal
constraints during term of employment contract, notice of
termination and benefits is as follows:
• Semester appointments – 30 days notice, if after first day of
class – compensated for remainder of semester
• Annual appointments < 3 continuous years, or semester appt.’s
with 6 or more consecutive semester – 45 days
• Annual appointments with > 3 continuous years – 60 days
• New – Notice of Non-renewal pay and benefits:
• 30 days - <3 years; 60 days > 3 years
Article 26 Temporary Employees (Cont.)
• Existing adjuncts with 10 consecutive semester are eligible for multi-year
contracts. New adjuncts are eligible for multi-year contracts after 12 consecutive
semesters
• No break in service if course is not available, course is assigned to a full-time
faculty member, documented health reasons, or demonstrable need for
better qualifications ( teaching related qualifications)
• Right of first refusal to teach lab sections associated with any course section that
the adjunct is the instructor of record, compensation for labs will be paid at the
AAUP negotiated rate
• Multi-year contract adjuncts not reappointed have internal process for redress
(due process)
Article 24 Research Assistants & Research
Associates
• Annual Salary Adjustments – receive merit percentage articulated in
Art. 19 formula
• Full time RA’s shall receive:
• 22 vacation days
• Enumerated Holidays
• 15 sick days for bona fide personal illness ( may be required to provide med.
Cert)
• Each year of contract, 1 day of personal leave is given
• RA’s less than full time entitled to leaves with pay on a pro-rated basis.
Article 24 Research Assistants & Research
Associates (Cont.)
• Re. Layoffs
• Grant funded/Contract RA – less than 30 days notice receive cash payment of
the portion of 30 days not given. $20K fund established for such cases. Max
cash payment of 2 pay periods of salary
• Supervisors Written Warning; Non-bargaining unit Supervisors Reprimands
• Dismissal Procedures maintained Internal Disciplinary Review Panel
• Reclassification/Promotion Process codified
• Requested by PI or RA, conducted by HR within 4 weeks of job audit
application; if higher level classification is warranted, RA will receive $500
increase in salary
Article 15 – Selection and Review of
Department Heads
• Department Head Search Committee
• Majority of committee elected by members of the department. No More than
7, no less than 3 department faculty members unless otherwise agreed.
• Election done entirely within department
• Dean may appoint additional members of the bargaining unit that can constitute at most
a minority of the committee
• Others outside bargaining unit can be added by agreement between Dean and a majority
of the votes case by eligible department members
• No candidate may be appointed Department Head who is not recommended by the
search committee
Article 27 – Discipline for Tenured and/or
Tenure-Track Faculty
• Secured significant gains - appeals of dismissal or discipline for job
performance from the By-laws to the procedure outlined in Article 27,
leads to arbitration. This allows for a third party to determine
incompetence, or failure to meet satisfactory standards of job
performance or failure to meet continuing educational requirements,
or to fulfill professional commitments.
• Prior to this, appeals of discipline or dismissal for performance related
issues were restricted to the By-laws grievance process, which would
ultimately result in a decision by the Provost, President or Board.
New Article - Parking
• Maintenance of 1 “free” ticket per semester (paid and no parking available)
• Increase rate Aug 2016 – grievance filed. Resolution – no increase July 1,
2017, 2018.
• August 23, 2019 – 3.5% increase to rate
• August 23, 2020 – 3.5% increase to rate
• Administration reserves right to provide non-Area 2 parking on any
campus, if non-area 2 parking available to bargaining unit members, rates
will be negotiated with UConn-AAUP (Hartford)
• Sliding Salary Scale changes: 50% up to $50K; 75% for $50,001-$75K;
greater than $75K – 100%
Article 1 – Recognition
• Cleaning up language e.g. “ Specialist I, II, II, IV”
• Adding “Assistant Research Professor” and “Research Professor” for
consistency
• Adding “Facilities Scientist I, II, III, IV” to reflect titles used in industry
Agreed on: 12/7/15
Article 2 - Exclusions
• Changes to reflect current practice e.g. adding…
• “Executive Vice President and Chief Financial Officer”, “Chief of Staff”,
“Deputy Chief of Staff”
• “University Staff Professionals I-VI”
• “Graduate Assistants and Graduate Students”
• “all confidential and managerial employees”
Agreed on October 16, 2015
Article 3- Academic Freedom
• UConn-AAUP Initial Proposal – robust statement on Academic Freedom
including discussion on freedom of research and publication, freedom of
teaching, freedom of internal criticism, & freedom of participation in public
debate” – included the ability to file a contractual grievance for violations
of academic freedom
• Admin. Response – Academic Freedom is not a condition of employment
subject to the grievance office.
• November 18, 2015 Demonstration for Academic Freedom
• Resolution through mediator on Jan. 22, 2016 – reverted to existing
contract and UConn By-Law language ( as of 8/5/15) and added the
following language “ Discipline will not be used to restrain bargaining unit
members in the exercise of academic freedom. Academic freedom can be
used as a defense in any disciplinary proceeding.”
Article 4 – Governance
• Admin. proposal to maintain current language
• AAUP Counter-Proposal to make it grievable by proposing to remove
the line, “ This article on governance is a statement of intent and
policy and is not the subject of the Contractual Grievance Procedure”.
Agreed on January 22, 2016 as a part of private mediation in
conjunction with a TA on Article 7 – Board Prerogatives
Article 5 – Non-Discrimination
• Expanded classification, protection from union discrimination,
maintain ability to grieve violations
• Included in package of Articles on 10 (Contractual Grievance Procedures) &
Article 16 ( AAUP Rights)
Article 6 – Diversity and Affirmative Action
Policy
• All took place on April 19, 2017
• Admin Proposal – Similar language to old contract in allowing two
AAUP representatives to server on committee charged with advising
President and Provost on diversity issues, with addition of “ in the
event such a committee is established.”
• Addition: Due Process to protect members from discrimination, prejudice,
and distortion in PTR or other personnel records
• UConn-AAUP Response – Agreed with part one, Due process
provision now under separate new article – more appropriate as a
standalone article
Article 7 – Board Prerogatives
• Parties agreed to retain current language on Article 7 (and Article 4)
during private mediation on January 22, 16.
Article 8 – Maintenance of Procedures
• Parties came to agreement on January 22, 2016 during private
mediation
• Allows for UConn-AAUP input on policies and procedures impacting
mandatory subjects of bargaining and allows for notification of policy changes
affecting bargaining unit members, removes interim panel step, and cleans up
language
Article 9 – Meet and Discuss
• Admin. proposal – limit UConn-AAUP access to meeting with the
University President by deleting a passage that allows the AAUP to
meet directly with the President to discuss non-contractual matters
pertinent to the membership and to civilly resolve potential disputes
• UConn-AAUP and Administration agree to language on February 12,
2016
Article 10 – Contractual Grievance Procedure
Proposal ( 10/5/16) included in package of 5 & 16 --- employee could
simultaneously engage in the grievance process and the process
afforded by OACE and OIE. Previously and existing contract provides
that BOT would have no obligation to entertain grievance if alternative
remedy sought in an administrative or judicial forum
• Agreed on 12/14/17 - includes ability to continue with grievance
process and OIE/OACE process
Article 11 – Additions to the By-Laws
Grievance Procedures
• Admin. Proposal 12/30/17 – Except for disciplinary and contractual
grievances, matters arising from UConn By-Laws must be brought
through By-Law Grievance process; members cannot simultaneously
pursue remedy via Article 10 at the same as pursuing remedy though
University By-Laws
• Parties agree to language on 2/16/16
Article 12 – Personnel Files
• Proposal on 10-16 – Members are entitled to inspect personnel files
in personnel action in the department offices, clarification that official
personnel file housed in HR, clarification of personnel file to include
evaluation of performance or conduct
• Parties agree to language on 11/20/15
Article 14 – Reduction of Staff for Discontinuance
of Programs & Financial Exigency
• Article title change to “Reduction of Staff for Discontinuance of Programs
or for Financial Exigency”
• Adding “regional campuses” to university’s responsibility to offer a range of
courses in the event of the need to terminate faculty
• $1K to $2k increase for reimbursement for professional
placement/occupational counseling services if tenured faculty member laid
off due to financial exigency
• $1K to $2k increase per semester reimbursement for coursework during
notice period when tenured faculty member received notice of layoff
• Standards of notice for reasons unrelated to…changing “financial
considerations” to “financial exigency”
Article 16 AAUP Rights
• Presented by Admin. on 10/29/15 in package of proposals on
Governance ( 7, 8,9, 15, 16, and MOA #3)
• UConn President to transmit UConn-AAUP recommendations on
governance to BoT
• 5 UConn-AAUP Representatives will be given a workload reduction
• Teaching members: 1 course per semester ( can occur in a different semester)
• Non-teaching members: equivalent of one course release per semester,
negotiated with Dean or Director
• Copies of agreed to CBA will be online as opposed to written physical
copies
• Agreed to by the parties on 12/14/16
Article 17 – AAUP Security and Payroll
Deduction
• Member of the bargaining unit has freedom to decide whether to
become a member or not. A member of the bargaining unit who is
not a member of the AAUP shall pay agency service fee pursuant to
C.GS. 5-280
• Dues Deduction Language
• Agreed to by the parties on 12/17/15
Article 18 – Longevity
• “Longevity payments are based on an employee’s title and
appointment term, as well as length of service.”
• As in previous contract, employees hired on or after July 1, 2011 are
not eligible for longevity
• Payment for longevity will be made in July 2018 as per the SEBAC
Tentative Agreement of 2017
• Parties Agreed on June 8, 2017
Article 19 – Salary and Benefits (cont)
• Tuition Waiver
• Tuition Reimbursement – Sum of 20,000 allocate each year of agreement
• Professional Development Fund
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FY18 – 760,000
FY19 – 810,000
FY20 – 860,000
FY21 – 910,000
• Childcare Reimbursement Fund – 160,000 pool each year
• Adjunct Faculty Compensation
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•
•
Effective August 23, 2017 – 1556 per credit
2018 – 1556 per credit
2019 – 1700 per credit
2020 – 1732 per credit
• Adjuncts w/ more than 2 academic years of continuous employment, minimum remuneration shall exceed
those amounts by 2%
Article 19 – Salary and Benefits (cont)
• Provost Fund ( to address market competition, salary disparities – equity, compression,
inversion)
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•
•
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FY18 – 300K
FY19 – 300K
FY 20- 300K
FY21 – 300K
• Furlough Days
• 3 days between July 1, 2017 - June 30, 2018
• Job Security
• During life of agreement, no loss of employment including loss of employment due to
programmatic changes
• Does not apply to:
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•
•
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Expiration of fixed appointment term, except Article 13 members on multi-year appointments
Non-Reappointment of NTT under University By-Laws
Termination of grant or outside funding except when employee is a permanent employee
Part-time employees eligible for state health benefits except adjuncts who are multi-years ( subject to adequate course
enrollment, satisfactory teaching evaluations, and continuation of course offerings)
Article 20 – Minimum Terms
• Language that specifies the CBA is a minimum terms employment
contract ( same as existing language)
• Addition that any agreements between the individual member and
the Administration that exceed minimum terms of the CBA, must be
in writing and approved by the Dean or their equivalent
• Agreed to by the parties on 12/7/2016
Article 21 – Continuation of Services
• Original proposal changed “Board” to “University”
• Agreement reverts back to current language using “Board”
• Agreed to by the parties on 12/7/2016
Article 22 Mergers and Acquisitions
• In the event UConn acquires other educational institutions, the
faculty members of the newly acquired institutions that are not
members of the bargaining unit, become members of the bargaining
unit.
• Agreed to by the parties on 12/7/2016
Article 23 – Savings Clause
• Same as current language
• If any provision is contrary to the law, the remaining provisions remain in
effect.
• Agreed to by the parties 12/2/2015
Article 28 – Duration of Agreement
• July 1, 2017 – June 30, 2021
Article 29 – Patent Rights
• Existing language plus addition of statutory provision C.G.S. 10a-110d
incorporated by reference
• Allows for arbitration over disagreements as to
•
•
•
•
the allocation of any invention
rights and obligations with reference to inventions
obligations of any employee or due performance
participation of any employee in net proceeds
• Agreed to by the parties on 4/4/2017
MOA #3 Tenure Appeal
• Final language included existing terms plus the following changes…
• Decision to appeal must be made within 37 days if faculty member receiving
denial by the Provost
• Faculty member must decide between contract tenure appeal process or
University Bylaw process
• Agreed to by the parties on 12/29/15 during private mediation
MOA#4/New Article – Agricultural Extension
• MOA#4 under the current contract will be incorporated as a new
article in this tentative contract.
• Bylaws concerning academic tenure apply to tenure/tenure-track faculty in
Agricultural Extension
• Parties agreed on 3/22/16
MOA #7/New Article – Flexible Semesters
• Incorporate MOA #7 text into new contract with updated phrase…
• This exchange will not be considered inload part of the faculty member’s
regular teaching load and will not be eligible for extra compensation.
• Agreed to by the parties on 3/22/2016
Appointment, Promotion, Tenure, and
Reappointment - New
• Administration sought to make large scale changes in the PTR process
for incorporation into CBA.
• UConn-AAUP surveyed the membership in January 2017
• Ultimately given the context of the state political environment and it’s
impact on the negotiation’s timeline, both parties agreed to establish
a work group to discuss negotiable aspects of the PTR procedures.
• Agreed to by the parties 4/18/2017
Faculty Workload-New
• Five proposals exchanged by the parties containing proposals
regarding Workload Baselines, Workload & Merit, and Workload
Requirement Compliance.
• Ultimately, both parties agreed to withdraw their perspective
proposals and agreed to do so on April 19, 2017
Faculty Governance – New
• Requiring each department/unit develop the following documents
• Department/Unit By-Laws
• Merit Criteria
• Promotion and Tenure
• Establishing PTR Committee to advise Department Head on PTR decisions
• Workload Policies
• Documents drafted by faculty elected department committees and
shall require approval by a majority of eligible Department Voters
• Agreed to by the parties on April 26, 2016
Student Evaluations of Teaching - New
• For Full-Time Faculty and Adjunct Faculty ( who have been employed
at least 5 semesters over 5 yr period)…
• SETs cannot be used as the sole criterion of teaching for purposes of
discipline, promotion, tenure, reappointment, or non-reappointment.
• Agreed to by the parties on March 22, 2016
Due Process in University Personnel Matters New
• “ Due Process requires the University to protect members from
discrimination, prejudice, and distortion in their records pertaining to
evaluation for promotion, tenure, and other University personnel
matters.”
• Agreed to by the parties on April 19, 2017
Why are we negotiating a labor agreement
with the Governor’s Office?
• ctmirror article on the GOP plan, May 31, 2017:
• Senate Republican leader Len Fasano unveiled a plan to achieve nearly $2.2
billion in savings — with or without union consent.
• But it would require officials to:
• Suspend or eliminate arbitration for unionized employees’ wages;
• Replace all overtime with compensatory time;
• Increase worker contributions toward retirement health care and require
more service before guaranteeing this benefit;
• And triple all workers’ pension contributions in future years.
• “We have the power within the legislature to change statutes,
prospectively and currently, to achieve savings,” Fasano said. “ … This is the
power we have. We don’t have to sit back and wait.”
4 Possible Outcomes:
1. SEBAC & CBA both win Ratification Ballots
SEBAC & CBA both win.
SEBAC vote determined over all units, SEBAC rules
CBA vote determined by majority.
Forwarded to legislature for approval/rejection.
(a wild card, with Senate tied across parties.)
If approved Governor can sign (likely) or veto.
2. SEBAC wins, but CBA fails
If SEBAC is approved & signed, costs imposed.
No job security, no raises.
Our CBA continues under negotiation, uncertain ….
3. SEBAC fails, but CBA wins
SEBAC not sent to legislature.
CBA is null and void.
State budget has huge hole, wide spread layoffs likely.
4. SEBAC and CBA fail
(same as previous slide)
SEBAC not sent to legislature.
CBA is null and void - renegotiate.
State budget has huge hole, wide spread layoffs likely.
Recommendation
By
Executive Director, Officers
(EC to consider Thursday)
Vote strongly for both.
Encourage others to vote.
Legislature may scrutinize tallies.