UNIT 18 FORUM

1. UNIT 18 FORUM APRIL 23, 2008

2. AGENDA • Review basic elements of existing contract • New Issues • Salary • Merit Guidelines • Workload • Layoff

3. BACKGROUND • June 2003, UC and AFT reached agreement on a labor contract that significantly changed lecturer’s terms and conditions of employment • Current contract is effective October 3, 2007 – July 21, 2010

4. DEFINITIONS • NSF -- Non-Senate Faculty—Instructional faculty in the Unit 18 bargaining unit • Pre-Six--NSF who has fewer than 12 semesters of service credit in a department • POST-SIX--NSF who has gone through a 6th year review (Excellence Review) • CONTINUING--Appointment is continuous unless terminated through resignation, layoff, or dismissal

5. DEFINITIONS • EXCELLENCE REVIEW— Review conducted during 6th year to determine if NSF should receive a continuing appointment • NEEDSASSESSMENT—Departmental assessment of continuing instructional staffing needs • SEMESTERCOUNT—Time accrued by an NSF in a department towards 6th year

6. DEFINITIONS • BASE PERCENTAGE--Percentage appointment as initially set by the department in which NSF is appointed to a continuing appointment. • PERMANENTAUGMENTATION—Base percentage is increased on a permanent basis • TEMPORARYAUGMENTATION—Base percentage is increased on a temporary basis to meet a temporary instructional need.

7. DEFINITIONS • LIMITED TIME APPOINTMENT—Appointment for a limited time based on programmatic or pedagogical needs • POST 6 YEARAVOIDANCE—Activity or policy whose sole purpose is to deny Pre-Six year NSF access to Continuing Appointment

8. PRE-SIX • Appointment letters will include • Assessment Criteria • UC and AFT website addresses • Must conduct assessment prior to reappointment • Assessment must be based on criteria outlined in appointment letter

9. PRE-SIX-SALARY • Upon reappointment to the fourth year, NSF receives a two-step salary increase if the NSF has not yet had a within-range increase in the preceding three years • Salary can be different by department

10. SEMESTER COUNTS • Counts towards Continuing Appointment are by Department • NSF can be Continuing in one department and Pre-Six in another

11. POST-SIX YEAR AVOIDANCE • UC will not engage in activities or establish practices or programs for the purpose of denying Pre-Six NSF access to Continuing Appointments • UC may choose not to reappoint a Pre-Six NSF based on considerations that include, but are not limited to: • Programs that have limited time positions • Need to infuse new perspective or pedagogy • Need to employ other academic appointees in order to accomplish the University’s academic goals

12. NEEDS ASSESSMENT • Identify course offerings for next academic year (part of TAS process) • Identify instructors needed, including NSF • Determine if there are prior or ongoing commitments to Continuing NSFs OR if a Continuing NSF can be augmented • If need still exists, appoint Pre-Six NSFs

13. INSTRUCTIONAL NEEDS ASSESSMENT (5TH YEAR) • During 5th year, determine if there is a need (2 years hence) for courses to be taught by NSF in area in which NSF has taught • The NSF is qualified to teach the courses • A Continuing Appointee is not already expected to teach the course(s). • If need exists, determine the percentage of possible continuing appointment • Make 6th year appointment percent based on the projected continuing need

14. INSTRUCTIONAL NEEDS ASSESSMENT (5TH YEAR) • The assignment of the NSF to teach the course(s) conflicts with established departmental academic program requirements for intellectual diversity • Other courses in the area in which the NSF has taught are neither available nor taught during the initial appointment year

15. EXCELLENCE REVIEW • Conducted during the 6th year • Unit head advises NSF of the review, in writing, including • Timetable • Process • Criteria • Documentation required

16. EXCELLENCE REVIEW • Chair appoints departmental committee • Committee is at least two faculty and should, where possible, include an NSF • Service by NSF on committee is voluntary

17. SAMPLE TIMETABLE Spring-5th yr Assess if Continuing Appointment is appropriate Notify NSF of assessment Mid-Fall-6th yr Provide NSF with letter which includes timetable, description of process, and review criteria Late Fall Appoint committee February 1 Deadline for submission to L&S Dean’s Office March 1 Deadline for submission to APO

18. CONTINUING APPOINTMENT-SALARY • Performance must be reviewed every three years • If deemed “Excellent”, must provide at least a 2 step increase (~5%) • If not deemed “Excellent”, merit may not be approved—remediation required

19. MERIT GUIDELINES • All candidates should prepare self-statement • Chair provides a detailed description of accomplishments in discipline/field and contributions to teaching excellence • Chair compares accomplishments to departmental expectations and norms • See handout

20. FAIRNESS SAFEGUARD • New format (handout) • Structured as a form of checksheet to be completed as review progresses • Need to follow review procedures

21. SALARY SCALE CHANGES • OCTOBER 1,2007 • 3% ADJUSTMENT • MINIMUM OF SCALE INCREASED • STANDARDIZED % INTERVAL BETWEEN STEPS • OCTOBER 1, 2008 • AT LEAST 3% ADJUSTMENT • OCTOBER 1, 2009 • AT LEAST 3% ADJUSTMENT

22. ONE TIME SALARY ADJUSTMENTS • Article 21.D of MOU • For continuing NSF with 7 or more years of service in a Unit 18 title • Adjustments based on years of service and salary as of June 30, 2008 • Effective July 1, 2008 and 2009 • Notifications sent by APO in June • Implemented by department after July 1, 2008, merit increase (if any)

23. WORKLOAD • Campus Instructional Workload policies (IWC) defining values and equivalencies • http://hrweb.berkeley.edu/labor/instrwrkld.htm • Changes in new contract • Elimination of reduction for second section of same course • List of duties for which equivalencies will be provided (handout)

24. LAYOFF • Can refer to both a full separation and a reduction in time • Covers Continuing Appointees and Pre-Six Year NSF who are reduced during their appointments • Reasons for Layoff can include: • Lack of work • budgetary consideration • programmatic changes that result in a lack of NSF work

25. LAYOFF • UC must look at alternatives before implementing layoffs • Order of Layoff is first by skills, knowledge and ability in the department, then by seniority

26. LAYOFF • UC cannot reduce a Continuing Appointee’s % by assigning a course s/he has taught to a Pre-Six • A Continuing Appointee targeted for layoff may identify a Pre-Six or less senior individual s/he believes s/he is qualified to bump • UC determines whether Continuing Appointee’s qualifications are “substantially equal” to less senior NSF

27. LAYOFF-PROCESS • Seniority is calculated by full-time equivalent months of service at 50% time or more in the department • Service is not counted when NSF is less than 50% • If Continuing Appointees are teaching the same courses/sections, Pre-Six must be laid-off first unless there is program justification

28. LAYOFF-PROCESS • First step when considering layoffs (including Reduction in Time) is to separate Continuing Appointees from Pre-Six • Layoff Pre-Six where possible—based on special skills

29. LAYOFF-PROCESS • If a layoff of a Continuing Appointee is being considered: • Look at the skills of the Continuing Appointee and the Pre-Six • If the Continuing Appointee can teach a course taught by a Pre-Six, layoff the Pre-Six • If 2 Continuing Appointees are under layoff review with similar skills, layoff least senior Continuing Appointee

30. LAYOFF-NOTICE For total layoff or more than one course/semester • Pre-Six • <1 year service—30 days notice • 1-2 years service--60 days notice • 3 or more years service—90 days notice • Pay in lieu of notice can be provided • Continuing • 12 months notice

31. LAYOFF-NOTICE • When a single course is cancelled due to lack of enrollment or a CA’s initial appointment % is reduced by a single course—30 days prior to first course meeting (where practicable) • Pay is to be provided in lieu of notice • Layoff-notice sent by same unit issuing appointment letter

32. DEADLINES AND TIMELINESS • Appointment/Reappointment requests must be submitted to allow time for approval letters to be prepared • Reappointment letters to be issued prior to June 1, where practicable • Excellence reviews have the highest priority and MUST be fully completed by June 30 • PLEASE BE AWARE OF AND MEET PUBLISHED DEADLINES

33. RESOURCES • Unit 18 Tool Kithttp://apo.chance.berkeley.edu/UNIT%2018%20tools.html • Unit 18 Contracthttp://atyourservice.ucop.edu/employees/policies_employee_labor_relations/collective_bargaining_units/nonsenateinstructional_nsi/agreement.html • Unit 18 Administration Manualhttp://atyourservice.ucop.edu/employees/policies_employee_labor_relations/collective_bargaining_units/nonsenateinstructional_nsi/mou/index.html • Berkeley Instructional Workloadhttp://hrweb.berkeley.edu/labor/instrwrkld.htm

34. QUESTIONS?