Search

2021 CBA Article #6 Summary Report

Changes, Additions, and Deletions Summary Report  03/30/2021

Summary –

Article 6 contains many important sections central to the day-to-day business of unit members. Below please find a bullet point list highlighting some of the various changes/additions/deletions made to Article 6 during this round of negotiations. Beneath those highlights, you will find a detailed rundown of every change made to the article.

• Reorganization – The entire article has been reorganized for usability and clarity. For example, Voluntary Transfers used to be the first section of the Article, it’s now the last and Assignments has been moved to the front.

• Reassignment Due to Class Cancellation – Previously, it was unclear/ambiguous when part-time faculty could get bumped by full-time faculty. This has been cleaned up. 

o Full-time faculty can bump part-time faculty up to the first day of classes to get load (15 units)

o Full-time faculty cannot bump part-time faculty for overload units after the first day of registration each semester.

• Junior ETUM Status –

o Length and Continuity of Service – Eligibility requirements to earn ETUM status have changed from three semesters in a five-semester period to six semesters within a six-year period.

! Please note: We have put a safeguard in place for part-time members who have not yet earned ETUM. Those members who have at least one in-person evaluation, had completed two semesters of teaching at the college, and whose progress toward ETUM was delayed (i.e. did not receive their final evaluation for ETUM) due to COVID-19 will be subject to the old ETUM requirements.

o Evaluations – There will now be an additional evaluation on the longer path to ETUM. Members will be evaluated in the first, third, and sixth semester before achieving ETUM status.

• Senior ETUM Status –

o Application Process – Previously, the Sr. ETUM application process required that members apply one year in advance. Applications for Senior ETUM status will now be processed within the semester in which the application is submitted.

• Ranking of ETUMs – Previously ETUMs were ranked as follows: First date of hire as. ETUM, A lottery for Ties, and then additional lotteries every three years. The new ranking system is as follows: First date of hire as ETUM, followed by the number of units taught within the prior three years, and then a lottery if there is a tie. Under the new system lottery decisions are permanent.

• ETUM Definition of Break in Service – Under the previous contract ETUMs had to decline an assignment in writing for three consecutive semesters before the district could stop offering them assignments. ETUMs can now be removed from the pool if they decline or fail to respond to an offer of assignment for two consecutive semesters.

• ETUM Unsatisfactory Performance – Previously pool members had to receive three unsatisfactory evaluations in six semesters before being removed from the pool. Now pool members can be removed from the pool after two unsatisfactory evaluations in total.

• ETUM Disciplinary Action – Previously, a member could lose ETUM status for discipline. The language has been changed so that the member may lose ETUM status, but the District also has the power to terminate the employee.

o Note: this language relates to the new Article 24: Professional Standards, which outlines a process that protects members from abuses by the District.

• ETUM Assignment Notification – Previously there was no standardized, formal process for notifying ETUMs of their assignment offers. There is now a clearer, more formal process:

o Official offer form to be sent to ETUMs via District e-mail.

o It is up to the faculty to monitor their e-mail.

o After receiving official offer form faculty must respond in writing within seven days.

o Failure to respond is considered a rejection of said offer.

• Substitutes –

o Eligibility – Under the previous contract only Full-time faculty, ETUMs, and pool members were eligible to serve as short-term substitutes. Now expedited hires can also serve as short-term substitutes.

o Consistency – Previously, the transition from a short-term to a long-term substitute required that the district offer the long-term substitute position to someone other than the person who served as the short-term substitute. The contract has been updated so that if a person starts as a short-term substitute and the need for a substitute continues that faculty member can remain on as the instructor of record.

• Voluntary Temporary Transfer – The previous contract gave members the ability to apply for units in departments where they possessed the minimum qualifications, but did not give the departments much say in these matters. This was particularly problematic for ETUMs. This system essentially allowed full-time faculty in other departments (who were not hired to work in a particular department) the ability to bump part-time faculty who were hired in a department the right to bump those folks. There is now a new voluntary transfer process that provides departments with more say.

o Faculty interested in voluntary transfer must first express that interest to the receiving department

o If interested the department can then interview that individual and determine if they want offer units to the prospective voluntary transfer.

The department also has the discretion to take their ETUM list into consideration when deciding whether to take on the voluntary transfer or not.

Specifics –

Changes:

6.1.3 Assignments Requiring Consent of Unit Member (Previously 6.4.2)

Clarifies that written consent is demonstrated by a signed assignment sheet. Previously the contract was silent.

6.1.3.e, g(2), l Assignments Requiring Consent of Unit Member (Previously 6.4.2.e, g2, l)

• e. Definition of “new prep” has changed. Now it is any course two units or more than the unit member has not taught within the previous five years. Previously it was 3 years.

• g(2). Vice president changed to Senior Vice President

• l. Sunday assignments added

6.2.1 Reassignment Due to Class Cancellation (Previously 6.5.2)
Modified “bumping rights” for class cancellations. Full-time faculty can bump part-timers up to the first day of classes to get load. Full-time faculty cannot bump part-timers for overload units after the first day of registration each semester. Previously the contract was silent on these issues.

6.4.1 Temporary Credit and Noncredit Units (Previously 6.8.1)
Clarifies that the priority assignment of temporary units only applies in the Fall and Spring semesters.

6.4.7.1 Definition of ETUM (Previously 6.8.2.1)
Language modified to include reference to California Education Code 87482.3, taken from 6.8.4.1 in the previous contract.

6.4.7.3.1 Junior ETUM Status (Previously 6.8.2.2, 6.8.2.3, 6.8.2.4, 6.8.2.5)

• Length and Continuity of Service – Eligibility requirements changed from three semesters in a five-semester period to six semesters within a six-year period.

• Evaluation and Satisfactory Performance – Three evaluations during the first, third, and sixth semester

6.4.7.3.2 a-e Senior ETUM (Previously 6.8.4.1 a- c)

• b. To qualify a member’s two most recent evaluations must be satisfactory. Previously

the member simply needed two consecutive satisfactory evaluations.

• c, bulletpoints. Senior ETUM application forms will now be processed within a semester instead of a full fiscal year.

• Note: The language stating that the district would attempt to develop a process to track Senior ETUM eligibility has been removed.

• d. Language added clarifying that if a member was subject to discipline in a given semester that semester would not count toward their progress toward Senior ETUM (consistent with language regarding Junior ETUM status).

6.4.7.4 Ranking of ETUMS (Previously 6.8.3)
The ranking system was changed from the first date of hire as ETUM, followed by a lottery, and then additional lotteries every three years to the first date of hire has an ETUM, followed by the number of units taught within the prior three years, and then a lottery.

6.4.7.6.2 Break in Service (Previously 6.8.5.1)
A break in service has changed from three consecutive semesters to two consecutive offers of assignment that the member declines or fails to respond to the offer of assignment.

6.4.7.6.3 Unsatisfactory Performance (Previously 6.8.5.2)

Changed from three unsatisfactory evaluations in six semesters to two unsatisfactory evaluations overall. They also will not be eligible to return to the pool.

6.4.7.6.4 Disciplinary Action (Previously 6.8.5.3)
Changed so that it is up to the district whether to terminate an ETUM for discipline. ETUM has a chance to respond. The district has the discretion to assign the member back to the pool, allow them to keep their ETUM status, or remove them altogether. Previously members were placed back into the pool.

6.4.7.6.5 Requalification for ETUM Status (Previously 6.8.5.4) 
Clarifies that the unit member must requalify for ETUM status if they lose it. Prior semesters/work does not count toward requalification. Previously the contract was silent on what work counted towards requalification.

6.4.8.a.b. Notification (Previously 6.8.4)
Clearer process for notifying ETUMs of their assignments. Official offer form to be sent to ETUMs District e-mail. It is up to the faculty to monitor their e-mail. After receiving official offer form faculty must respond in writing within seven calendar days. Failure to respond is considered a rejection of said offer.

6.4.10.3 Circumstance of Use (Previously 6.8.6.3)
Modified language regarding the use of expedited hires.

• Long-term substitute language from 6.8.6.1 from the previous contract was moved here.

• The district may now offer assignments to expedited hires without exhausting the pool.

6.7.2 Eligibility for Substitute Assignments (Previously 6.18.3.5)
Expedited hires are now eligible for short-term substitute work.

6.7.4.5 Offer of Long-term Substitute Positions (Previously 6.18.3.5)

• Clarifies that the language on offering long-term substitute positions does not apply to sabbatical leave replacement.

• The district now has the option to offer long-term substitute units to pool members.

6.8 Voluntary Temporary Transfer (Previously 6.1)
Voluntary transfer now requires the approval of the receiving department and the dean.

6.8.1.1 Application Procedures (Previously 6.1.2.1, 6.1.2.2, 6.1.2.3)
The new voluntary transfer process requires that interested parties submit a letter of interest to the receiving department. The receiving department must respond to the letter of interest. From there the department chair will review/determine whether the application has fulfilled the necessary criteria to transfer, followed by an interview process.

6.10.2 Notice Period (Previously 6.3.2)
The new prep window for involuntary transfers has been shortened from seventy-five days to sixty days.

Additions (New to this Article):

6.1.4 Specialty Skills Courses (Previously 6.8.4.6)
Language regarding specialty skills course designation process move from 8.18 in prior contract.

6.1.5 Reading and Writing Lab Assignments (Previously in RWL MOU dated 09/2020)
Contractualizes the process for scheduling in the RWL.

6.1.6 Health Sciences and Clinical Assignments (Previously in Drug Screening MOU dated 05/2020)
Contractualizes and outlines the drug screening and background check process for health sciences faculty assigned to clinical sites. Note this was previously negotiated yearly.

6.3.2 Not-for Credit Contract Education (Previously in Article 1.1.1)
Language moved and slightly modified from Article 1.1.1. Details how unit members are compensated for assignments in Not-for Credit Contract Education.

6.4.1.c Temporary Credit and Noncredit Units (Previously 6.8.1.a.b)
New language clarifies that expedited hires are a distinct part-time faculty group who are eligible to be assigned temporary units. Previously expedited hires were automatically put into the hiring pool and not a distinct group.

6.4.3 Intersession Terms and Sabbatical Leave Replacement (Entirely New)
New language added to clarify that there is no priority hiring during intersession or for sabbatical leaves. This is consistent with current practice.

6.4.4 Community Education/Not-for-Credit Assignments (Entirely New)
New language added to clarify that community education is not subject to seniority/priority hiring procedures.

6.4.6 Removal from Temporary Hiring Pool (Entirely New)
New language detailing five ways in which a pool member can be removed from the hiring pool

• Resignation

• Unsatisfactory Performance

• Failure to Respond

• Failure to Receive Offers

• Discipline

6.4.7.2 Effective Date of ETUM Status Benefits (Entirely New)

New language explaining that ETUM priority is prospective. A unit member must complete all ETUM requirements before they achieve status.

6.4.7.6.1 Resignation (Entirely New)
An ETUM may request to be removed from ETUM list.

6.4.10.4 Limitations on Duration off Expedited Hire Status (Entirely New)
A unit member cannot be an expedited hire for more than six semesters. If a hiring pool is not convened during that time and the unit members has received two satisfactory evaluations over six semesters they will be placed in the pool and advanced to ETUM.

6.4.10.5 Application of Expedited Hire Service for ETUM Status (Entirely New)
A unit member must be a pool member before qualifying for ETUM except as outlined in 6.4.10.4. Time as an expedited hire applies to ETUM status eligibility.

6.4.10.6 Termination of Expedited Hire Status (Entirely New)
Expedited hires may be removed from the unit for the same reasons as outlined in the new 6.4.5 Removal from Temporary Hiring Pool.

6.5.d Temporary Assignments for Student Recruitment and Enrollment (Entirely New)
No limit to the number of semesters a K-12 unit member can serve as an expedited hire at a K-12 site.

6.8.1.2 Interview (Entirely New)
New language detailing the interview process for voluntary transfer. Language stipulates that the committee should consider programmatic needs and availability of ETUMs before recommending the applicant for assignments. The Superintendent/President or designee may accept or reject the interview panel’s recommendation.

6.8.3.1 Notification of Temporary Units (Entirely New)
Details how voluntary transfer applicants are notified that their request has been approved and that the receiving department would like to offer them units. The unit member will be notified by the receiving department that there are units available. A copy of the notification will also be sent to the unit members home department and dean. The unit member may request/accept those units subject to the approval of the home department dean and the home department’s program considerations.

6.10.3 Vacancy Consideration (Entirely New)
New language added to be consistent with California Education Code and Rehire Rights

Deletions:

6.4.9.3 Allocation of Remaining Units (Previously 6.8.4.4)
Language stating that expedited hires cannot be offered units if there are ETUMs willing to take the assignment has been removed. As long as all ETUMs have received their minimum load requirement the district can assign units to whomever they see fit.

6.4.10.1 Definition (Previously 6.8.6.1)
Language regarding long-term substitute hiring procedures was removed.

6.4.10.2 Expedited Hiring Procedures (Previously 6.8.6.2)
Expedited hires are no longer automatically placed in the hiring pool.

6.8.6.3 (Previous Contract) Notification to UDWC
Language detailing that UDWC will monitor expedited hires has been removed. No longer necessary given the new expedited hiring process in place.

6.17 (Previous Contract) Hiring of Sabbatical Leave Replacements
Language requiring that the district must select sabbatical leave replacements from ETUMs has been removed.

6.7.4.2 – Compensation (Previously 6.18.3.2)
Removed language referencing that long-term substitute work will count toward 67% part-time maximum. It is unnecessary.

6.18.3.3 (Previous Contract) Eligibility for Long-term Substitute Assignments
Duplicative regarding eligibility for substitute work

6.11 Relocation of members (Previously 6.7d)
Language requiring the district continue to provide members with pre-existing access to all facilities and equipment following a move has been removed.

UPM Calendar