This mostly applies to unemployment eligibility for the summer for pre-6 (non-Continuing) Lecturers who work during the academic year (Service period of three quarters, or two semesters), but get paid over 12 months because of Article 6 requirements. Continuing lecturers who work, say one semester, might be eligible under regular EDD rules. In any case, these rules only set up your eligibility vis-a-vis the pay and pension issues after Cervisi (uncertainty of employment is established), it does not remove regular EDD rules like applying for work, or if you find alternative work, ceasing EDD payments.
The present documents are the appeal we won in January 2014 on the issues of summer pay and pension in the summer, as well as supporting documents I have created hyper-links for. This was won at the highest appeal level in EDD system, you should cite this in any appeal. I will be uploading documents to this site in the future, and soon more procedural information for appealing decisions, and presenting a case in appeal. This website is still being updated, including the upload feature which is questionable, therefore the links below:
Summary of Documents and Argument (PDF of PowerPoint)
Cervisi Decision (This is the basic foundational document for the uncertainty in Pre-six appointments not excluding one from unemployment)
Summer Pay EDD Decision 2011 Decision in EDD appeal that agreed both income during the summer is not income precluding unemployment if received for work done in the regular academic year)
Legal Brief Nov 2013: Summer Pay and Pension (Prep for appeal at highest level of EDD internal process, see next document)
January 2014 Decision EDD Appeal (a win on summer pay and pension credit)
Some supporting Docs:
Article 6 of MOU (Lecturer has no choice in an annual appointment being paid over 12 months)
Article 7a of MOU (Gives the University the ability to cancel/adjust appointments based on budget, enrollment, etc)
Article 23 of MOU (Summer Session Rules)
Appendix b, Pension Benefits Calculation (750 hour rule, where 50% service credit for the year for academics is instead of 1000 hours for fiscal year employees)
Four Ways to Apply for Unemployment:
1. ON-LINE: https://eapply4ui.edd.ca.gov
2. BY FILLING OUT AN APPLICATION (DE 110I) AND MAILING OR FAXING IT.
3. BY VISITING THE EDD OFFICE IN PERSON
4. BY CALLING 1-800-300-5616
Very important: Use ONLY ONE of the four options. If you send the information using more than one option, it will be automatically rejected because the system assumes that one is fraudulent. It will take extra time to investigate.
Possible Questions & Answers:
1. Are you member of a Union? “Yes” you are represented by UC-AFT
2. Union Name: University Council - American Federation of Teachers
3. Union Number: See Local number on UC-AFT website homepage (6366 for Merced)
4. Telephone Number: See Local contact info on UC-AFT website (Use (530) 361-6130 for Merced and Davis)
5. Does the Union operate a hiring hall or help its members find jobs? NO
6. Last employer? - University of California, fill in campus
7. Telephone number of last employer Campus Human Resources
8. Name of your last supervisor? Give the name of your Department or Program Chair
9. Last day of work? Last day of contract period on appointment letter, or Service Period.
10. What are the gross wages for your last week of work? See calculation in Unemployment Guide for NSF
11. Reason for no longer working? Laid Off/Lack of Work
12. Explain why you are no longer working? My part-time teaching job ended. My next appointment is contingent on adequate enrollment, funding, program need, and other prerogatives. I do not have reasonable assurance of re-employment.
13. Do you expect to return to work? “Yes” if you have an appointment letter, otherwise “No”
14. Do you have a date to start? If you have an appointment letter, first day indicated in service period
15. Are you returning to work for the next school session? “Yes” if you have an appointment letter, otherwise “No”
16. Are you in Winter or school break? No. I got laid off.***
17. Is your usual occupation seasonal? No.
18. Are you available for immediate full-time work in your usual occupation? Yes.