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ARTICLE 23
SUMMER SESSION
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| A. GENERAL
| 1. |
For purposes of this MOU, summer sessions are not
considered part of the regular academic year, and are neither
an academic quarter nor an academic semester, nor portion thereof.
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| 2. |
An NSF appointed to teach summer session shall be appointed
as Lecturer in Summer Session, title code 1550. [1]
Appointment as a Lecturer in Summer Session does not confer eligibility
status for benefits or retirement. [2,
3]
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| 3. |
When an NSF is offered an appointment in summer session, she
or he shall be informed in writing of:
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a. the title of the position;
b. the salary amount and salary arrangements;
c. the name of the employing department;
d. the period for which the appointment is effective;
e. the course(s) assigned;
f. any other duties that have been assigned;
g. the name of the department chair, program head or other
person to whom the NSF reports; and
h. whether the appointment is a contingency appointment
and the criterion on which a withdrawal of the appointment
would be based. [4] |
Letters of appointment shall be consistent with this MOU. If
conflicts exist, this MOU shall be controlling.
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| 4. |
The University may offer an appointment in summer
session contingent upon sufficient enrollment in the course(s).
If sufficient enrollment is not attained, the University may,
at its sole discretion, withdraw an appointment that has been
offered on a contingent basis, and will provide the NSF the reasons,
in writing, for the withdrawal. This section (A.4.)
is not subject to the provisions of Article
17 - Layoff, Reduction in Time, and Reemployment and/or Article
33 - Arbitration of this MOU.
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| 5. |
The provisions of Article 7 - Appointment are not
applicable to this Article.
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| 6. |
The appointment or reappointment shall have a
definite ending date and shall terminate on the last day of the
appointment set forth in the letter of appointment. The appointment
or reappointment may be terminated prior to the ending date of
the appointment in accordance with the provisions of this MOU.
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| 7. |
The University has the sole right to assign employees
to teach courses offered by the University, and to assign other
duties. Whenever possible, the University should consult the NSF
in advance of these assignments.
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| 8. |
All summer session appointment decisions shall
be made at the sole discretion of the University except as provided
herein and shall not be subject to Article
32 - Grievance Procedure except for procedural violations.
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| 9. |
By October 1 of each year, the University shall
provide the UC-AFT with operating budgets for the immediately
preceding summer session for each campus. [5]
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| 10. |
In the event the University academic calendar converts
to a year-round calendar, the parties shall meet and confer over
the applicability of this article to the new academic calendar.
[6]
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| B. COMPENSATION
| 1. |
Subject to the provisions of the MOU, compensation
for summer session appointments shall be determined by one of
the following methods at the sole discretion of the University:
a. |
Normal compensation will be based on the
annual salary of the NSF in effect as of June 30 of the
calendar year in which summer session begins. Commencing
with the 2004 Summer Session, the University shall pay NSF
the same percentage of salary provided to Senate Faculty
at the same campus, generally, for the assigned summer session
course responsibilities. [7]
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| b. |
In unusual circumstances, the University may determine
that it is necessary to provide lower compensation than
set forth in B.1.a.
on an individual or campus-wide basis.
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1) In doing so, the University will
consider such factors as, but not limited to, the
number of course units, enrollment, special nature
of the course or session, availability and qualification
of instructional staff, curriculum requirements or
budgetary considerations.
2) Under such circumstances, the University will
provide to the AFT advance notice of the need to provide
lower compensation, with the relevant factors to support
its position.
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c. |
The University may provide higher compensation to individual
NSF, or on a campus-wide basis at any time.
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| 2. |
Total monthly compensation for an NSF with a fiscal year (11
month) appointment who teaches in the summer session may not exceed
100% of the monthly salary rate.
[8]
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C. PAYMENT
The University pays summer session compensation, as provided in Section
B., above, via a by-agreement pay code. By-agreement payments do
not provide for benefits or retirement. The University will provide
notification of by-agreement arrangements, including schedule of payments,
at least three (3) months, whenever possible, prior to the beginning
of the session.
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