This contract administration manual, prepared through the collective efforts of representatives from the University Council – American Federation of Teachers and the University of California, is intended as a guide to all users of the Memorandum of Understanding for Non-Senate Instructional Faculty. Its purpose is to facilitate an understanding of the contract through the provision of explanatory information and examples. Suggested steps for implementing specific contract provisions are offered as helpful guides for those who are responsible for implementing the contract provisions. Finally, a glossary of terms is provided to acquaint the user with terms that may be specific to the collective bargaining process or the academic personnel administration procedures within the University of California.

This manual is intended to be a supplement and guide to the MOU; it does not change the negotiated contract language.

Draft Introductory Section
Unit 18 contract manual

PART ONE: THE LECTURER "LIFE CYCLE"

WHO ARE NSF?
Unit 18 (also known as the "IX Unit") represents non-Senate faculty ("NSF") who deliver instruction to UC students. The term "NSF" is used throughout the Memorandum of Understanding ("MOU") for all title codes in the Unit (see Art. 1.B.).

Most NSF teach classes and labs on the campuses and hold the title of either Lecturer or Lecturer – Continuing Appointment. However, there are other positions in the unit that provide instruction outside of the usual classroom settings, such as Supervisors of Teacher Education and Coordinators of Field Work. The provisions of the Unit 18 MOU govern the terms and conditions of employment of all individuals who hold a unit title.

NSF are academic appointees and/or University faculty; they have academic freedom rights (Art. 2) and academic responsibilities and duties (Art. 3).

NSF appointments vary greatly. NSF covered by this MOU may teach one course per academic year or may be full-time calendar year appointees. NSF may be employed at any percentage of time up to 100%. (Appointments exceeding 100% are permitted only in extraordinary and limited circumstances, see Letter re: Principles on Unit 18 Appointments, May 11, 2004.) Normally, NSF appointments are at a percentage equal to at least one course and are for a period of at least one academic term.

Benefits eligibility for NSF is a complex topic; to answer questions, please consult with your local LR and benefits offices. General guidelines for NSF benefits eligibility are as follows: link to Benefits Eligibility doc.

PRE-SIX VS. CONTINUING APPOINTMENTS
NSF are either "pre-six" or "Continuing." An NSF’s status as pre-six or Continuing is key to their rights under the MOU. A Continuing Appointment is given to NSF after they have completed the equivalent of six years of service in the same department or program on a campus and they have been determined to be excellent in the performance of their instructional duties.

"Pre-six" status
During an NSF’s first 12 semesters or 18 quarters of employment at a campus, they have no entitlement to reappointment when their period of appointment expires (this is called a self-terminating appointment.) See Article 7a.
Pre-six lecturers do have the right to request that they be considered for reappointment if their department or program expects to hire pre-six NSF to teach courses in the following academic term or terms (7a.C.4.a.1). Departments or programs must then provide an assessment of the performance of such NSF in accordance with their applicable procedures for assessing pre-six NSF, although they are under no obligation to make the reappointment.

During the pre-six period, an NSF’s initial appointment may be for a term of up to two academic years (7a.C.3.a.) Reappointments during the pre-six period may be for a period of up to three academic years. (7a.C.4.b.)

The University may employ pre-six NSF in time-limited positions, provided such positions are in line with academic goals and have been passed through regular consultative processes (7a.C.2.a). The University may also base appointment and reappointment decisions for pre-six NSF on the need to infuse new perspectives or pedagogy or the need to employ other academic appointees (7a.C.2.b. and c.)

However, the University may not engage in activities and practices that have the purpose of denying to pre-six NSF access to Continuing Appointments (7a.C.1, see also 7a.D.4).

Continuing Appointments
NSF may attain a "Continuing Appointment" after they complete six years (18 quarters or 12 semesters) of service in a single department or program on a campus (7b.C.1). The appointments of Continuing NSF are on-going (without limit of time). They do not terminate unless the University lays off or dismisses the NSF (See Art. 17 and Art. 30).

In order for an NSF to achieve Continuing status, a two-step process is followed:

First, their department or program certifies the existence of an on-going instructional need for courses that the NSF is qualified to teach. (7b.B). This process is referred to as a "needs assessment."

The needs assessment normally occurs during the NSF's fifth year of service.

Second, once the University determines that instructional need does exist, the NSF undergoes a Continuing Appointment Review (also known as an "Excellence Review.") This review determines whether the NSF meets the standard of excellence in the performance of their academic duties. (The criteria and procedures for the evaluation of teaching excellence are found in Art. 7b.C., 7b.D., and 7b.E.)

The Excellence Review normally occurs during the NSF’s sixth year of service. It should be concluded before the end of academic year in which the NSF reaches their 18th quarter or 12th semester.

If the Excellence Review is positive, meaning that the University has determined that the NSF is qualified to perform their academic duties at an excellent level in the area in which instructional need exists, the NSF is awarded a Continuing Appointment. Conversely, if the Excellence Review results in a negative determination, the NSF will be released from employment at the end of his or her appointment.

Upon completion of a successful Excellence Review for an NSF, the University will then award a Continuing Appointment at a specific base percentage. Normally, the base percentage will be at least equal to the NSF’s appointment percentage during the previous academic year (7c.B.a.). The MOU also allows for a higher or lower initial base percentage.

If a department or program wishes to assign additional duties to a Continuing Appointee, his or her base percentage may be augmented (increased) on either a temporary or permanent basis (7c.B.3. and 7c.B.4).

APPOINTING AND REAPPOINTING PRE-SIX NSF
Letters of appointment for pre-six NSF must be issued by June 15 (or as soon as practicable thereafter) for the next academic year (7a.B.1.)

For reappointment procedures for pre-six NSF, see 7a.C.4.

Initial Salary and Merit Reviews for NSFs

Pre-six
When a pre-six NSF is first appointed, departments and programs are free to negotiate the starting salary with the NSF. However, the agreed-upon salary must, at minimum, be in accordance with the ranges specified for the appropriate title.
All (annualized) salaries paid to NSFs must be placed on a level or step of the appropriate Unit 18 salary scale. (LINK to salary scales)

Upon reappointment to a fourth year of service within the same department or program, NSF must receive a two-step increase, if they have not received a prior within-range increase of at least two steps. However, if the NSF has received a one step within range increase prior to this point, the University must provide at least an additional step increase. The University may grant the NSF more than two steps (7a.C.4.c.)

The University is not required to perform merit reviews (and, after positive outcomes, grant merit increases) to pre-six NSF. However, any department or program may choose to perform merit reviews (and grant merit increases) to its pre-six NSF (Art. 22).

Continuing Appointees
Continuing Appointees must receive a minimum annual salary in accordance with the ranges specified for the appropriate Unit 18 salary scale. Please be sure to consult the web for current salary scales (link to scale).

Continuing Appointees are considered for a merit review at the time of the initial Continuing Appointment and at least once every three calendar years thereafter. At the University’s discretion, merit reviews may occur with greater frequency. If the NSF’s performance since the last merit review is deemed excellent, the NSF shall receive a merit increase of at least two steps on the appropriate Unit 18 salary scale. The University may grant a merit increase of greater than two steps. (Art. 22; for merit review procedures, see Art. 22.E.)

LAYOFFS AND REDUCTIONS IN TIME
Pre-six
See Article 17, Layoff.

Continuing Appointments
With 30 days notice to the Continuing NSF, departments and programs may reduce his or her base percentage appointment by one course only (7c.B.2.b.)

The procedures for layoffs or reductions of time of more than one course are set forth in Article 17, Layoff.

DISMISSAL
The reasons, procedures and criteria for dismissal are set forth in Article 30. These procedures are rarely used.

PART TWO: THE PROFESSIONAL RIGHTS AND RESPONSIBILITIES OF NSF

NSF are academic appointees engaged in instruction. The Unit 18 MOU therefore contains several articles that address the professional rights and responsibilities of NSF in areas such as instructional workload, instructional support, and professional development. These articles concern the academic work environment of NSF and they contain terminology and concepts that are unique to the Unit 18 MOU.

ACADEMIC FREEDOM (ART. 2) AND ACADEMIC RESPONSIBILITY/DUTY (ART. 3)
NSF are covered by Academic Freedom policies in effect at their campuses and they may bring complaints alleging violations of academic freedom in accordance with the procedures of the Academic Senate at their campus (Article 2).
NSF are responsible for the effective instruction of their students and they must uphold certain standards of conduct in their role as teachers. The duties and responsibilities required of NSF in their role as teachers are set forth in detail in Article 3.

INSTRUCTIONAL WORKLOAD (ART. 24)
For NSF, the MOU sets out a maximum workload, a standard unit for the measurement of workload values (the IWC), and a mechanism (the equivalency) for adjusting the workload credit received by NSF. All duties assigned to an NSF must be considered in the measurement of his or her workload.

The IWC and the workload standard
The calculation of workload is based upon a unit of measurement defined in the MOU as an Instruction Workload Course ("IWC"). An IWC is an instructional offering that is regularly scheduled, requires significant preparation, office hours, and/or grading by the NSF outside the hours of instruction, and meets a minimum of three (3) hours per week (24.A.2.).

The full-time (100%) maximum workload standard for NSF is nine (9) IWCs over three (3) quarters or six (6) IWCs over two (2) semesters. For departments, units, and programs, a campus may set a 100% workload standard that is lower than the maximum defined in the MOU (24.A.1.)

Determination of workload values for instructional offerings: IWCs and Equivalencies
The IWC is the baseline standard for the determination of workload values. However, some of the instructional work performed by NSF does not fit into the definition of an IWC. Such work assignments include but are not limited to the supervision of teaching assistants, classes with very large enrollments, studio instruction or classes that meet less than three hours per week. In such cases, the IWC credit for that instruction offering may be adjusted upwards or downwards.

To compensate NSF for the performance of duties that do not fall under the definition of a standard IWC, the MOU provides for the assignment of "equivalencies." Equivalencies are units of workload measurement that are defined in proportion to the IWCs, the standard unit of measurement for NSF workload values. (24.A.3)

For an instructional offering that does not fit the standard IWC definition, the University must determine the workload value of the class. In determining the relative workload value of instructional offerings, the University must consider a range of factors, including but not limited to the instructional and evaluation methods employed, the nature of the course, the required preparations, the number of students expected to enroll, and the availability of support from other employees (24.A.5).

For example, a composition course that involves a large number of writing assignments and student conferences might receive an IWC value of 1.3. Conversely, a physical education course that meets weekly for two hours and requires no grading might receive an IWC of .5.

In addition, the University is required to provide workload equivalencies to an NSF whenever he or she is required to perform duties in addition to assigned teaching duties, such as serving on a department committee or supervising independent studies (24.A.6).

The full workload value for the required duties of NSF is determined by a summing up of IWCs and equivalencies. For example, a 100% full-time workload at a campus on the quarter system might consist of 7 courses that fit the IWC definition (7 IWCs) and associated required duties that, when measured as equivalencies, add up to another two (2) IWCs.

The determination of IWCs and equivalencies varies from campus to campus. NSF with questions or concerns about the assignment of workload values are encouraged to contact their department, and, if necessary, the AFT. NSF may challenge the workload values assigned to their instructional offerings or make a claim that he or she is entitled to an equivalency for required work. To do so, NSF and/or the AFT may make use of the MOU’s procedures for Grievance and Arbitration (Article 32 and Article 33).

INSTRUCTIONAL SUPPORT (ART. 8)
This article governs the support that the University must provide to NSF to allow them to carry out their work as instructional faculty.

The University must provide NSF with the facilities, services, texts and instructional support that are reasonably necessary for NSF to complete their assigned responsibilities and duties (8.1). The support provided to NSF may include but is not limited to office space, computers, lab equipment, teaching assistants, and readers.

This article also describes other forms of support that are available to NSF. For example, NSF may apply for University grants for instructional improvement and course development and may apply for University teaching awards. (8.B.) Information about campus instructional grants and awards must be made available to NSF in the same manner as it is made available to other instructional appointees, such as Senate Faculty (8.C).

NSF may be granted Principal Investigator status at the sole discretion of the University (8.E).

PROFESSIONAL CONCERNS (ART. 9)
This article provides for the on-going professional development of NSF. It sets out criteria for professional leaves, allows the participation of NSF on University and Academic Senate committees, and establishes on-going Professional Development Fund ("PDF") pools for NSF at each campus.

Campuses fund the PDF pools annually. Individual NSF may submit requests for funding to support their work as instructional faculty; a committee on each campus develops application procedures and guidelines, reviews the applications and makes recommendations for funding. (See 9.F.)

SUMMER SESSION (ART. 23)
For purposes of the MOU, summer session courses taught by NSF are not considered as part of the regular academic year (23.A.1.). Therefore, teaching by an NSF in summer session is not counted as time in service toward a Continuing Appointment.

NSF appointed to teach in summer session are appointed in title code 1550, Lecturer in Summer Session. Such an appointment does not confer eligibility for benefits or retirement credit (23.A.2).

The compensation paid to NSF for summer session work normally must be calculated as the same percentage of salary that is provided to Senate Faculty at the same campus. In unusual circumstances, compensation may be lower. The University also is free to provide higher compensation to NSF. See 23.B1.a.

PART THREE: THE LABOR-MANAGEMENT RELATIONSHIP

As discussed in the section above, the Unit 18 MOU contains a great deal of language that concerns the unique academic work environment of NSF. In addition, as described below, the Unit 18 MOU governs features of the labor-management relationship that exist in most of the University’s contracts with represented employees.

For example, the Unit 18 MOU governs the terms and conditions of the employment of individual NSF in areas such salary (Article 21), benefits (Article 11), leaves (Article 12), and parking (Article 41). Personnel Files (Article 10) sets forth standards for the maintenance of the University’s record of any NSF’s employment and procedures for the use of such files in review actions. The University may pursue disciplinary and dismissal actions against NSF under the procedures specified in Article 30 (Discipline and Dismissal).

The Unit 18 MOU establishes typical union-management mechanisms for the resolution of disputes. NSF or union allegations of violations of the MOU are handled by the University in accordance with the procedures specified in Article 32 (Grievance Procedure). The union’s right to appeal outcomes under the grievance procedure to an impartial arbitrator is set forth in Article 33 (Arbitration). Certain articles contain restrictions on the aspects of the MOU that are grievable or arbitrable.

Many of the MOU articles regulate the institutional relationship between the union and the University. For example, the Recognition article (Article 1) describes the unit’s composition and establishes the procedures that must be followed in the event that the University or the union proposes modifications to the unit.

Other language governs the on-going relationship between the University and the union in its role as exclusive bargaining agent for NSF. Article 25 (Union Rights) sets forth Unit 18’s rights to information and access to University facilities. Article 27 (Payroll Deductions) sets forth the University’s obligation to collect dues and fees from unit members. Article 26 (Release Time for UC-AFT Business) establishes procedures for obtaining release time for unit members to undertake union functions such as bargaining, grievance handling, and contract administration.

Still other articles deal with the operation of the MOU itself. For example, Article 40 (Duration) sets the term of the contract and provides procedures for reopener and successor bargaining.

Other articles proscribe certain behaviors by either the union or the University. The No-Strike/No-Lockout article (Article 35) forbids strikes or lockouts during the term of the MOU. Article 4 (Non-Discrimination) commits the University to the practice of non-discrimination in employment.

Finally, certain language describes the rights that are reserved to management and the university policies, which are external to the MOU, that may apply to NSF. For example, Article 28 (Management Rights) reserves to University management the right to plan, direct, and control the employment of NSF, except as otherwise limited by the specific provisions of the MOU. In Article 37 (Waiver), the union and the University agree to apply a list of specific University policies and procedures (such as certain APM provisions and the Patent and Copyright policies) to NSF.