Unit 18 (lecturer) Bargaining Update #4

17 April 2011

Colleagues:

I write with Friday’s bargaining update. We are making progress, and at the same time, the differences between the parties are becoming clearer.

First, the good news: we reached a tentative agreement on Article 10, now to be called Personnel and Review Files. We have clarified the differences between the two kinds of files (personnel files and review files), made clear when and how responses to documents in your files are allowed, where personnel files can be kept and guaranteed that these files are kept separately from grievance files. Non Senate Faculty will to have full access to their files, just as they do now.

In addition,  both sides are close to agreeing on some final language in the layoff article, Article 17. We have clarified when the right to recall for reemployment, after a layoff, ends.  The concept is that your campus would have to offer you enough work, at least once in two separate quarters/semesters that would put you at the same or higher percentage as you were pre-layoff.  If this is done, and there is no permissible reason for you to refuse the employment, your right to reemployment would end.

Another concept currently being discussed is how a reemployed NSF might become eligible for available work based on the NSF having taught or performed in the area, in the same or a related job title.  Right now there is some ambiguity about this.  

We also were able to clean up and clarify how NSF and the Union will be notified of layoffs.  We tentatively agreed to language that requires the University to send the Union written notice of layoffs no later than the next business day from the day the NSF is given written notice.  This addresses situations where campuses notified the Union about layoffs as much as four months after notifying the people being laid off.

Where we have some sticking points still, but where we hope to make progress next time, is in the notice required for layoff. At present, thirty days notice is required for one course reduction, 60 days notice for everything else EXCEPT for a full year’s notice of a total layoff.

We had thought we addressed this in 2003, but it turns out that it has been possible for a few campuses to reduce one course with thirty days notice, followed by the remainder of the courses EXCEPT for a final course with another 60 days notice, potentially leaving an NSF with a 100% appointment at a 16% appointment (or 33% on semester campuses) with only 60 days notice.

Our bargaining team introduced what we consider a fairer system for notice of layoffs that are between one course and less than total layoff.  We have not proposed any change to the current contract language requiring 12 months notice for a full layoff.  UC’s bargaining team will respond at our next session. 

Finally, we also discussed different ways of measuring seniority (Article 17.A.4) than those currently in the contract. One of the issues we are trying to address throughout the entire contract is how to respond to a few campuses’ growing tendency to  make what ought to be 50% (or greater) annualized appointments on a quarter- by-quarter basis (which has the effect of one or more quarterly appointments of less than 50%).  Seniority is one of the places where we hope to address this.  Both sides understand the problem and are working towards a compromise that is fairer than the current language which counts only those months on pay status at 50% time or more towards seniority.   With luck, we will be able to bridge these differences at our next session, which is on April 29, in Irvine.

Alan Karras

Unit 18 Chief Negotiator