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ARTICLE
22
MERIT REVIEW PROCESS
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| A. For those NSF who are eligible
[1]
for merit increases, such increases are based on academic attainment,
experience and performance, and are not automatic. [2]
NSF will be eligible for merit increases in accordance with this
Article in those years when the University provides merit increases
to non-represented academic employees.
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| B.
Consistent with this MOU, decisions to grant or not grant a merit
increase to individual NSF are at the sole discretion of the University.
In the event an NSF is not awarded a merit increase, the University
will include an explanation for its decision with the merit review
determination.
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C.
NSF will be subject to merit reviews as follows:
| 1. |
Pre-Six year NSF merits –
For pre-six year NSF, consideration for merit reviews, and
decisions regarding the timing and amount of individual increases
if any, will be at the sole discretion of the University.
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| 2. |
Continuing Appointee merits – The
University retains sole discretion in the evaluation of an
NSF’s performance.
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a. A Continuing Appointee will be considered
for a merit review at the time of the initial continuing
appointment, and at least once every three (3) years
thereafter. At the sole discretion of the University,
a merit increase may be considered and awarded before
the completion of three years, after appropriate review.
A lecturer may request that his or her merit review
be deferred for up to one year. [3]
b. Upon review, if the NSF’s performance since
the last merit review is deemed excellent, the NSF shall
receive a merit increase of at least two (2) steps on
the NSF salary scale. The University is not precluded
from granting merit increases of greater than two steps.
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D.
Demonstration Teachers, Supervisors of Teacher Education, or any
NSF whose salary is paid on a By Agreement basis may be considered
for a merit review at the sole discretion of the University in accordance
with procedures established by the University at each campus.
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E. MERIT GUIDELINES
AND PROCEDURES
No provision of this Article is intended to waive any rights of
the NSF under state and federal statutes.
| 1. |
The UC-AFT shall be provided copies of applicable
campus merit guidelines and departmental review procedures
as they exist or as they are developed. [4,
5]
An individual NSF may request a copy of the applicable campus
merit review guidelines or departmental procedure(s).
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| 2. |
The University may change campus merit guidelines and merit
review procedures according to the normal campus processes
for revising such procedures.
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a. The University shall provide to the
UC-AFT proposed changes to campus merit guidelines at
least a month prior to finalization. The University
will begin to apply changed guidelines to individual
NSF only with the beginning of the NSF’s merit
review cycle.
b. The University shall provide to the UC-AFT proposed
changes to departmental review procedures at least a
month prior to finalization. Upon request of the UC-AFT,
the University shall meet with the UC-AFT to discuss
the effect of the proposed merit procedure changes before
the University implements such changes.
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| 3. |
No later than November 15th of each year,
each campus will provide [6]
the UC-AFT with a list of NSF who were reviewed for merit
during the previous academic year. The information will include
the campus, the NSF's name, department, whether the individual
was granted a merit increase or not, and the amount of any
such increase.
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F.
The provisions of this Article are not intended to preclude consideration
for merit review for the members of this bargaining unit. [7]
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G.
An arbitrator shall have no authority to substitute her/his judgment
for the University’s judgment regarding an NSF’s performance
or qualifications, nor shall the arbitrator have the authority to
order the University to provide a merit increase. [8]
If the arbitrator finds a procedural violation, the arbitrator’s
authority shall be limited to ordering the University to repeat
the merit review from the point at which the violation occurred.
At the request of either party, the arbitrator may retain jurisdiction.
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