This Article applies only to NSF with appointments that commence within the first six
years of employment at the same campus. An appointment in the first six (6) years
of employment does not create an entitlement to reappointment.
The appointment or reappointment of NSF shall have a definite beginning and
ending date. Such appointments shall terminate on the last day of the
appointment set forth in the letter, provided in B., below.
Except as provided for in this MOU, the University has the sole discretion in
regard to appointment and reappointment decisions and has no obligation to
reappoint an NSF following the expiration of an appointment.
Except as provided for in this MOU, the University has the sole discretion to
make determinations regarding: who teaches a course, the duration of an
appointment, the assignments of an individual, and the assessment of
performance. Such decisions are not subject to the grievance or arbitration
provisions of this Agreement except to the extent they reflect or result from
University actions that are, themselves, grievable and arbitrable.
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.
The UC-AFT and the University agree that the University will allow the Pre-Six
year NSF who do not have a continuing appointment on a campus may request a one-time
allocation of additional credit for quarters or semesters taught in other departments
on the same campus. The program details are outlined in Appendix H.
Whenever possible, the University will consult with an NSF before making
course assignments or reassignments.
Letters of appointment or reappointment shall be June 15 or as soon as practicable for courses being offered the next academic
year and shall be consistent with this
Agreement.
When the University appoints or reappoints an NSF, s/he shall be informed in
writing of:
the title of the position;
the salary rate;
the name of the employing department, program or unit;
the period(s) for which the appointment is effective;
the percentage of time;
the nature of the appointment and the general responsibilities;
the name of the department chair, program head or other person to
whom the NSF reports; and
the Web Site addresses of both the University and the UC-AFT.
When the University appoints NSF in their first six years of employment, the
parties recognize that it does not do so intending that they will or will not
achieve Continuing Appointment status. The parties also recognize that
legitimate practices or programs or needs may exist, or be established
(including time-limited positions) that may have an effect of limiting pre-six
year lecturer access to Continuing Appointments. Nevertheless, the
University will not engage in activities or establish practices and/or programs
for the purpose of denying to pre-six year NSF access to Continuing Appointments.
The University has the right to make appointment and reappointment
decisions based on considerations that include but are not limited to:
the implementation of programs that have time-limited positions,
insofar as such programs adhere to their stated academic goals and pass through regular consultative processes;
the need to infuse new perspectives or pedagogy, insofar as such
need does not preclude giving consideration to NSF on an individual
basis and pass through regular consultative processes; and/or
the need to employ other academic appointees in order to accomplish
the University's academic goals as long as any actions taken in
furtherance of such requirements do not violate this MOU and pass through regular consultative processes.
Initial Appointment
The initial appointment may
be for a period of up to two (2) academic years.
The duration of an appointment or augmentation of the existing
appointment is at the sole discretion of the University, unless otherwise
provided for in this MOU. Reductions of the existing appointment
percentage shall be in accordance with Article 17, Layoff.
When the University is considering an NSF for a reappointment, the
following procedures shall apply:
Provided need exists for pre-six year NSF, a decision to
reappoint or not to reappoint a NSF who has requested
consideration shall be preceded by an assessment of the performance of the NSF. This
assessment shall be undertaken in
accordance with each department's applicable procedures for
assessment of pre-six year appointees in effect at the time of
the assessment. The input of qualified post-six year NSF in the
assessment process is encouraged, but not required.
NSF shall be notified of the review criteria, the form of
assessment that the department, program or unit will follow for
reappointments, and when the assessment will occur.
Assessments of individual NSF for reappointment are to be
made on the basis of demonstrated competence in the field,
ability in teaching, academic responsibility and other assigned
duties that may include University co-curricular and community
service.
An NSF may provide letters of assessment, including letters
from NSF or Senate Faculty, and other relevant materials to the
department chair or her/his designee as part of the assessment
process. Due consideration will be given to all relevant
materials in the academic review/personnel file, if any.
Reappointment(s) during the first six (6) years of employment at the
same campus may be for a period of up to three (3) academic years.
Upon reappointment to a fourth year of service within the same
department, the University shall grant a salary increase of at least two steps
to any NSF who has not received a prior within-range salary
increase of at least two steps. The University is not precluded from granting a NSF an increase of more than two steps.
When making a reappointment decision, the University will not replace
an individual NSF who has received a within-range salary increase
with a lower paid NSF solely to reduce salary costs. This subsection
shall only apply to those instances where the lower paid NSF is
teaching the same courses as the higher paid NSF.
GRIEVABILITY AND ARBITRABILITY
Subject to the limitations set forth in this Article, allegations of procedural
violations of this Article shall be subject to the full Grievance and Arbitration
provisions of this Article. An arbitrator reviewing procedural violations shall
have the authority to order the University to redo the procedure.
Non-reappointment decisions are not grievable unless the grievance alleges a
procedural violation or a violation of the prohibition on post-six year avoidance
in Section C.1., or C.4.d., above. Allegations that the University made a
reappointment decision in violation of an NSF's academic freedom rights or
for a discriminatory reason may only be pursued through Article 2 or Article 4,
respectively.
An arbitrator reviewing a grievance under this Article shall have no authority
to order the University to appoint or reappoint an NSF. An arbitrator
reviewing a non-reappointment decision shall not have the authority to
substitute her/his judgment for the University's judgment with respect to the
University's academic needs or an individual NSF's performance or
qualifications. In those instances where the University's decision or action
was based on an NSF's performance, the arbitrator shall have jurisdiction to
review the NSF's academic review/personnel files, if any.
Special Enforcement Provisions
The following provisions apply to grievances alleging that the University has
violated Section C.1. and/or C.4.d., above. Only the AFT, and not individual
NSF, may submit grievances alleging a violation of C.1. and/or C.4.d., above.
In any grievance involving Section C.1., the Union shall have the
burden to provide:
Evidence of a policy or practice the purpose of which is to
restrict access to Continuing Appointments in violation of
Section C.1., above; or
Evidence of a pattern of non-reappointment of Lecturers in their
sixth year, that demonstrates a deliberate intent to deny access
to Continuing Appointments in violation of Section C.1., above.
When the UC-AFT alleges a violation of section C.1., and the
University asserts that its decision comported with C.2.a., b., and/or c.,
the arbitrator may consider if the University's action was not in
conformance with section C.2.a., b., and/or c., and therefore was only
a pretext for post-six year avoidance.
In any grievance involving Section C.4.d., the Union must provide the
following information within forty five (45) calendar days of the date on
which the AFT knew or should have known a violation occurred:
the name of the NSF who was not reappointed;
the department where the NSF has an appointment;
the courses taught by the NSF who was replaced;
the name of the lower-paid NSF who replaced the higher-paid
NSF; and
the courses taught by the lower paid NSF.
Arbitrator's Remedial Authority
If an arbitrator finds that the University has violated the prohibition on
post-six year avoidance set forth in Section C.1., or the provisions of
C.4.d., above, her/his remedial authority shall not exceed ordering the
University to immediately discontinue the practice or policy and
consider the adversely affected NSF(s) for a reappointment. Upon the
request of either party, the arbitrator may retain jurisdiction to ensure
that the University has complied with her/his award.
