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.
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.
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.
Whenever possible, the University will consult with an NSF before making
course assignments or reassignments.
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.
ESTABLISHING THE CONTINUING APPOINTMENT PERCENTAGE
The appointment percentage for a Continuing Appointment shall be in accordance
with the following provisions:
Continuing Appointment: A Continuing Appointment does not create
entitlement to tenure or security of employment nor does it guarantee specific
teaching assignments.
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.
Normally, the NSF's initial continuing appointment percentage shall be
at least equal to the NSF's 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:
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.
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.
Nothing shall preclude the University from establishing a higher initial
continuing appointment percentage.
Augmentation: The department, program or unit in which the NSF has the
Continuing Appointment may permanently augment a Continuing Appointee's
appointment base. Augmentations to the base appointment shall become
part of the base appointment except as provided in this section and section
4., below.
The department, program or unit may only reduce this new
appointment percentage pursuant to the provisions of Article 17,
Layoff.
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.
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:
faculty leaves;
circumstances which require emergency course coverage;
the need to deliver instruction until newly hired ladder rank faculty are
scheduled to begin teaching;
temporary and/or unanticipated fluctuations in enrollment; or
programmatic change designed to meet the academic mission of the
University.
Any augmentations outside the department, program or unit in which the NSF
received a continuing appointment will be treated as a separate appointment.
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.
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.
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:
the Continuing Appointee is already teaching a section of the course;
the augmentation to the Continuing Appointee's appointment will not
cause the appointee's workload to exceed 100%.
Notwithstanding the University's obligation in this section, the University
retains the sole discretion to assign the course to another academic
appointee.
Letters of Continuing Appointment shall be consistent with this MOU.
When an NSF is offered a continuing appointment, 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 date upon which the appointment commences;
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 University and UC-AFT Web Site address where the contract can
be found.
GRIEVABILITY AND ARBITRABILITY
Allegations of procedural or factual 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.
An arbitrator shall not have the authority to substitute her/his judgment for the
University's 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.
