ARTICLE 7a
NSF APPOINTMENTS
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A. GENERAL PROVISIONS
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.
1. |
An NSF appointment may be terminated prior to
the established ending date only in accordance with Article
17, Layoff, or Article 30, Discipline
and Dismissal.
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2. |
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.
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3. |
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. [1]
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4. |
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.
[2]
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5. |
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. [3]
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.
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6. |
The UC-AFT and the University agree that the University will
allow 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.
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7. |
Whenever possible, the University will consult with an NSF
before making course assignments or reassignments. [4]
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B. LETTERS OF
APPOINTMENT
1. |
Letters of appointment or reappointment shall
be issued on June 15th or as soon as practicable for courses being
offered the next academic year and shall be consistent with this
Agreement. [5]
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2. |
When the University appoints or reappoints an NSF, s/he shall
be informed in writing of:
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a. the title of the position;
b. the salary rate; [6]
c. the name of the employing department, program or unit;
d. the period(s) for which the appointment is effective;
[7,
8]
e. the percentage of time; [9]
f. the nature of the appointment and the general responsibilities;
[10,
11 ]
g. the name of the department chair, program head or other
person to whom the NSF reports; and
h. the Web Site addresses of both the University and the
UC-AFT.
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C. INITIAL APPOINTMENT
AND REAPPOINTMENT
1. |
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 [12,
13 ]) 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.
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2. |
The University has the right to make appointment and reappointment
decisions based on considerations that include but are not limited
to:
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a. 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; [14,
15, 16]
b. the need to infuse new perspectives or
pedagogy, [17]
insofar as such need does not preclude giving consideration
to NSF on an individual basis and pass through regular consultative
processes; and/or
c. 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.
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3. |
Initial Appointment
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a. The initial appointment may
be for a period of up to two (2) academic years.
b. 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.
[18] Reductions of the existing appointment percentage
shall be in accordance with Article
17, Layoff.
c. The NSF is expected to perform her/his
duties in accordance with the provisions of Article
3, Academic Responsibility.
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4. |
Reappointment
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a. When the University is considering
an NSF for a reappointment, the following procedures shall
apply:
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1. 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.[19]
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.
2. 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.
3. 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.
4. 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. |
b. 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.
c. 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. [20]
The University is not precluded from granting a NSF an increase
of more than two steps.
d. 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.
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D. GRIEVABILITY
AND ARBITRABILITY
1. |
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.
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2. |
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.
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3. |
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.
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4. |
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.
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a. In any grievance involving
Section C.1., the Union shall
have the burden to provide:
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1. 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
2. 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.
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b. 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.
c. 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:
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1. the name of the NSF who was not
reappointed;
2. the department where the NSF has an appointment;
3. the courses taught by the NSF who was replaced;
4. the name of the lower-paid NSF who replaced the
higher-paid NSF; and
5. the courses taught by the lower paid NSF.
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d. 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. |
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