ARTICLE
7c
CONTINUING APPOINTMENTS
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A. GENERAL PROVISIONS
1. |
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.
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2. |
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.
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3. |
Current Post-Six Year NSF Transitioning to Continuing Appointees
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a. NSF who have a post-6
year appointment, and to whom the University has not
provided notice that their appointment will not be continued
into the next academic year, will be transitioned to
Continuing Appointments no later than the term following
the ratification date of this MOU.
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1. The initial Continuing Appointment
percentage of appointment will be the academic
year appointment percentage in effect when the
contract went into effect.
2. The NSF’s next merit eligibility date
shall be three years following the effective date
of the NSF’s last merit increase and/or
the effective date of the NSF’s last contract,
whichever is more recent. |
b. Nothing shall preclude the University
from augmenting the appointment percentage of these
NSF, or from providing a layoff (including reduction
in time) notice to these NSF, in accordance with the
provisions of this Agreement.
c. The University will not transition
to Continuing Appointments those NSF who were reviewed
during the current year’s or the previous year’s
normal needs assessment and excellence review, and to
whom the University provided notice that they will not
be reappointed.
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4. |
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.
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5. |
Whenever possible, the University will consult with an
NSF before making course assignments or reassignments.
[1]
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6. |
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.
[2]
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B. ESTABLISHING
THE CONTINUING APPOINTMENT PERCENTAGE
The appointment percentage for a Continuing Appointment shall be
in accordance with the following provisions:
1. |
Continuing Appointment: A
Continuing Appointment does not create entitlement to tenure
or security of employment nor does it guarantee specific teaching
assignments.
[3]
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2. |
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.
[4]
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a. Normally, the NSF’s initial
continuing appointment percentage shall be at least
equal to the NSF’s appointment percentage during
the previous academic year. [5]
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:
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1. Instructional Need does not
exist pursuant to Article
7b, Section B.2., or
2. 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. [6]
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b. 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. [7]
c. Nothing shall preclude the University from establishing
a higher initial continuing appointment percentage.
[8]
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3. |
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.
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a. The department, program or unit may
only reduce this new appointment percentage pursuant
to the provisions of Article 17, Layoff.
b. 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. [9]
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4. |
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. [10
,
11] Temporary augmentations meet temporary academic instructional
needs. [12]
These temporary academic instructional needs may result from:
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a. faculty leaves;
b. circumstances which require emergency course coverage;
c. the need to deliver instruction until newly hired
ladder rank faculty are scheduled to begin teaching;
d. temporary and/or unanticipated fluctuations in
enrollment; [13
,
14] or
e. programmatic change designed to meet the academic
mission of the University.
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5. |
Any augmentations outside the department,
program or unit in which the NSF received a continuing appointment
will be treated as a separate appointment.
[15]
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6. |
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.
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7. |
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. [16]
The determination of who is assigned is at the sole discretion
of the University.
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8. |
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:
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a. the Continuing Appointee is already
teaching a section of the course;
b. the augmentation to the Continuing Appointee’s
appointment will not cause the appointee’s workload
to exceed 100%. [17]
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Notwithstanding the University’s obligation in this
section, the University retains the sole discretion to assign
the course to another academic appointee.
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C. LETTER OF
CONTINUING APPOINTMENT
1. |
Letters of Continuing Appointment
shall be consistent with this MOU. [18]
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2. |
When an NSF is offered a continuing appointment, s/he
shall be informed in writing of:
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a. the title of the position;
b. the salary rate;
c. the name of the employing department, program or
unit;
d. the date upon which the appointment commences;
e. the percentage of time;
f. the nature of the appointment and the general responsibilities;
g. the name of the department chair, program head or
other person to whom the NSF reports; and
h. the University and UC-AFT Web Site address where
the contract can be found. |
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D. GRIEVABILITY
AND ARBITRABILITY
1. |
Allegations of procedural or
factual violations of this Article shall be subject to the
full grievance and arbitration provisions of this Article.
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2. |
An arbitrator reviewing procedural violations shall have
the authority to order the University to redo the procedure.
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3. |
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. |
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