Full-time faculty Contract
Full Time Faculty Contract: Table of Contents
Searchable PDF Version of the FTF Contract
COLLECTIVE BARGAINING AGREEMENT
by and between
COMMUNITY COLLEGE OF PHILADELPHIA
THE FACULTY AND STAFF FEDERATION OF COMMUNITY COLLEGE OF PHILADELPHIA
AMERICAN FEDERATION OF TEACHERS, AFL-CIO
September 1, 2016 to August 31, 2022
This Agreement made and entered into this 26th day of July, 2022 by and between Community College of Philadelphia (“College”) through its Board of Trustees (“Board”) and the Faculty and Staff Federation of Community College of Philadelphia, Local 2026 of the American Federation of Teachers, AFL-CIO (“Federation”). WITNESSETH:
Board has agreed to recognize Federation as the sole and exclusive bargaining agent in the unit hereinafter described. Both parties desiring to work with each other in mutual respect, harmony and cooperation; and both parties recognizing that collective bargaining in good faith will assist them in reaching a common understanding have agreed as follows:
ARTICLE I: RECOGNITION
A. The Board recognizes Federation as the sole and exclusive bargaining agent at its Campuses and facilities (all places where the College offers services) for the following classes of full-time employees (“Employees”) irrespective of where such Employees may render their service and excluding all others:
B. Department Heads, Curriculum Supervisors, Deans and all other Administrative personnel, part-time Employees (those who teach fewer than nine  credit hours per semester or, those Counselors and Librarians who work twenty-four  hours or less a week, provided, however, that in determining the hours of work for Librarians, a contact hour of teaching shall be equal to three  hours per week for this computation), full or part-time Visiting Lecturers, interns, classified employees and all exempt and confidential Employees are specifically excluded from the bargaining unit. For the purposes of this Agreement, the titles “Department Chair” and “Curriculum Supervisor” shall have the same meaning as the title “Department Head.”
C. The Board agrees to provide payroll dues deductions in accordance with the law and a list provided by the Federation of all Employees who have authorized dues and/or other deductions. The Federation shall maintain the authorization records and shall provide copies to the Board upon request. All applications for Federation membership and authorizations for dues and/or other deductions or withdrawal/revocation of membership/deduction that the Board receives shall be promptly forwarded to the Federation. The Boards shall, no later than fifteen (15) days after dues have been deducted, send payment to the Federation for the total amount so deducted, accompanied by a list identifying the employees and amount for whom deductions are being paid. An Employee’s payroll deduction authorization shall remain in effect until expressly revoked in writing by the Employee in accordance with the terms of the authorization. When it is determined by the Federation that an Employee’s payroll dues deductions should cease, the Federation shall be responsible for notifying the College. Such notices shall be communicated in writing and shall include the effective date of the cessation of payroll deduction. The Board shall rely on the information provided by the Federation to cancel or change authorizations. The Board also shall include in the list identifying Employees payroll deductions the names of Employees in the Full-Time Faculty bargaining unit for whom no deductions are made because they are not members of the Full-Time Faculty bargaining unit and a “0”/”Zero” to indicate no dues are withheld. The non-members shall be included in the list within 90 days of commencing employment with the College.
D. The College and the Federation agreed to terminate the Fair Share deductions that were part of the 2011-2016 CBA, and which were continued through June 26, 2018, effective June 27, 2018 based on the United States Supreme Court decision in Janus v. American Federation of State, County and Municipal Employees, Council 31, 585 U.S. ___, 138 S.Ct. 2448 (2018).
E. The Board agrees to deduct, in semi-monthly or biweekly installments from the salaries of Employees who have duly authorized such deductions in writing, contributions to the Federation’s Political Action Fund, and to remit same to Federation no later than fifteen (15) days after such deductions are made, together with a list containing the names of Employees from whom the deductions are made and the amount deducted from each, as well as the names of those who had authorized deductions but for whom no deductions have been made.
F. Employees may elect to make such deductions upon hire into the Full-time Faculty bargaining unit. Employees shall make changes in such deductions, including beginning or ending deductions and changing the amount of deductions, effective once per year in November, upon prior notification of the College.
G. The Federation shall indemnify and hold harmless the College, its officers and agents from and against any and all claims, actions, complaints, suits or other forms of liability that arise from action taken by the College for purposes of complying with the provisions of this Article.
ARTICLE II: RIGHTS OF BOARD
The operation and administration of the College, including the right to make rules and regulations pertaining thereto, shall be fully vested in its Board and its President and their duly designated representatives. Nothing herein stated shall be construed as a delegation or waiver of any powers or duties vested in the Board or any administrator by virtue of any provision of the laws of the Commonwealth of Pennsylvania.
In accordance with the rights established by Act 195, the College shall not be required to bargain over matters of inherent managerial policy, which shall include but shall not be limited to such areas of discretion or policy as the functions and programs of the College, standards of services, its overall budget, utilization of technology, organizational structure, and selection and direction of personnel.
Except as otherwise provided in this Agreement, the management, administration and control of the College’s operations, programs, activities, mission and resources, and the direction of its working forces including, but not limited to, the right to plan, direct and control all duties and functions performed by members of the bargaining unit herein involved; the right to hire, transfer, promote or relieve employees from duty because of lack of work or other reasons; the right to discipline or discharge employees for cause (as provided for in accordance with this Agreement), the right to establish, revise, maintain and enforce reasonable work standards and schedules; the right to make from time to time and enforce reasonable work rules; the right to introduce new work methods and facilities and to change or eliminate existing methods whether or not the same causes any reduction in the working force; or to reorganize or combine operations with any consequent reduction or other changes in the working force, is vested exclusively in the College, provided that this section will not be used for purpose of discriminating against any employee on account of membership in the bargaining unit.
The enumeration of the management rights above or certain rights and privileges of faculty members in this Agreement shall not be construed to deny or diminish the existing rights, privileges and responsibilities of faculty members to participate in the formulation and recommendation of educational policies and procedures within the College and as provided in Article 20 “Changes in Institutional Structure” and Article 21, “Institutional Participation.”
ARTICLE III: RIGHTS OF FEDERATION
A. (1) The President agrees to meet at mutually convenient times, but at least monthly, if requested, with representatives of Federation for the purpose of discussing matters of educational policy and development as well as matters related to the implementation of this Agreement. Requests for such meetings shall be made at least one (l) week in advance, where possible, and shall include a proposed agenda; provided, however, that the President may bring with him/her to any such meeting anyone s/he desires and may also submit an agenda if s/he so chooses. Joint minutes, prepared in a manner mutually agreed to, shall be kept with respect to decisions made and/or agreements reached at each such meeting.
B. (1) Duly authorized representatives of Federation shall be permitted to transact official Federation business on Board property at reasonable times, provided that this shall not interfere with or interrupt normal College operations. Requests for use of rooms shall be made in writing three (3) days prior to the desired meeting, when possible. Meetings shall be scheduled within the regular shift hours of the custodial staff. Federation shall reimburse Board for any costs resulting from such use.
(2) Federation shall have a separate office on each campus assigned to its exclusive use.
C. Federation shall have the right to post the official notices of its activities on bulletin boards. Such notices shall list the Federation as their source. Federation may use Board’s inter-office mail service and mail boxes for distribution of official Federation communications. Federation may use the facilities of the mail and copy center at cost.
D. (1) Board shall make available to Federation, upon reasonable notice, any material, information, statistics and/or records which it might have and which are relevant to negotiations or to the proper enforcement or implementation of this Agreement. Any such requests for information will be addressed directly to the College’s General Counsel.
(2) Four times each year the Board shall give to the Federation a list of the names, employee identification number, College e-mail address, addresses, phone numbers, ranks, job code, degree status for pay purposes, salary step, assigned Department, hire date (including original and current hire date), and salary of all Employees. Each Employee shall advise the Vice President for Human Resources or his/her designee with respect to any changes pertaining to that Employee’s name, address and phone number. These lists will be provided, containing the most up-to-date information, four times a year, on October 15, February 21, June 1 and August 15. Such information will list information for each Employee once. The Federation shall be notified of all such changes, excluding phone numbers, upon their receipt.
(3) In addition, the Board will provide the Federation with the following information:
All of this information shall be provided in such form (including digital format) as the Board deems appropriate.
E. Whenever members of the bargaining unit are mutually scheduled by the parties to this Agreement to participate during working hours in conferences or meetings pertaining to the Collective Bargaining Agreement, they shall suffer no loss in pay.
F. Board shall supply Federation with an organization chart and shall advise it as to changes when applicable.
G. Board shall give the Federation access to interactive computer systems in use at the College, including the Internet System and the Internal On-line System. Federation access to interactive systems shall be on the same terms and conditions as similar access for individual faculty members, and shall in addition include access to all information to which the Federation is entitled under the terms of Section D of this Article III. The College shall cooperate with the Federation in the event the Federation seeks to develop a home page, but shall make a reasonable effort to differentiate its home page from that of the College. For the purposes of this section, the Federation shall have the right to choose its own name.
H. On a monthly basis, Board shall furnish Federation with a summary of all grant proposals it accepts. Such summaries shall include information concerning staffing required by the grant and the department or administrative area responsible for administering the grant. The full grant proposal shall be made available to Federation upon Federation request to the Office of Institutional Advancement.
I. For each signed contract to which it is a party for the provision of educational or related services, Board shall furnish Federation with the date, contracting party, and short description of subject matter. Federation shall have the right to examine such contracts upon request. This requirement will apply only to contracts having a total value of $15,000 or more.
ARTICLE IV: FAIR PRACTICES
A. Neither the Board nor the Federation shall discriminate against any Employee because of race, creed, color, national origin, sex, age, marital status, sexual orientation or membership in (or lack thereof) or activities on behalf of the Federation or any other organization or for any other reason, violative of law.
B. There shall be no restriction on the employment of more than one (l) member of the same family; provided, however, that no Employee will initiate or participate in any institutional decision involving a direct benefit to a member of his/ her family.
C. When a College employee has a same sex partner who meets the standards for spousal equivalency, the Board shall treat this same sex partner in the same manner as an individual married to a College employee for the purpose of all benefits contractually negotiated. For the purposes of this Agreement, the term “spouse” shall include “spousal equivalent,” which term is defined as follows:
(1) An Employee’s spousal equivalent is the Employee’s sole domestic partner and has a committed relationship, intended to be of indefinite duration, with the Employee; and
(2) An Employee’s spousal equivalent is of the same sex as the Employee and is not married to anyone else; and
(3) An Employee’s spousal equivalent is at least eighteen (18) years old; and
(4) An Employee’s spousal equivalent is not related by blood to the Employee to a degree of closeness which would prohibit legal marriage in the state in which the Employee and the spousal equivalent legally reside; and
(5) An Employee’s spousal equivalent resides together with the Employee in the same residence, and both the Employee and the Employee’s spousal equivalent intend to do so indefinitely; and (6) An Employee’s spousal equivalent and the Employee are jointly responsible for each other’s common welfare and share financial obligations. Joint responsibility for each other’s common welfare and shared financial obligations will be demonstrated by the prior existence of three of the following: (a) joint mortgage or lease; (b) designation of an Employee’s spousal equivalent as primary beneficiary of the Employee’s life insurance; (c) designation of an Employee’s spousal equivalent as primary beneficiary of the Employee’s retirement contract; (d) designation of an Employee’s spousal equivalent as primary beneficiary in Employee’s will; (e) durable property and health care powers of attorney vested by the Employee in Employee’s spousal equivalent; (f) joint ownership by the Employee and the Employee’s spousal equivalent of an automobile, joint bank accounts, or joint credit account.
(6) A person fulfilling the criteria in (1) through (6) above (to be considered as an Employee’s spousal equivalent) will nonetheless not be considered as spousal equivalent until twelve (12) months have elapsed since the formal termination of any prior committed relation with a person recognized by the College as the Employee’s spousal equivalent.
ARTICLE V: ACADEMIC QUALIFICATIONS
A. Rank (1) (a) Board shall assign a rank to each Employee; and the minimum qualifications therefore shall be as specified in Exhibit “A”, attached hereto and made a part hereof; provided, however, that no present Employee shall have his/ her rank reduced because s/he fails to meet the minimum qualifications for his/her present rank.
(b) Anything herein to the contrary notwithstanding, an Employee working in a program regulated by an outside agency must as a condition of continued employment (unless grandfathered by that agency), submit any credential which is required by law or regulation or to acquire or maintain program accreditation; provided, however, that any present Employee shall have a period not to exceed five (5) years to obtain required new or changed credentials if such period is authorized by law or regulation or by the accrediting agency (otherwise they shall have such shorter period, if any, as is authorized by law or regulation or by the accrediting agency).
(2) An Employee hired for a teaching assignment on a regular basis shall not be placed in Rank A or B - Instructional Aides - if s/he is qualified, according to Exhibit “A”, for Rank V or for higher rank. An Instructional Aide currently performing in a teaching assignment on a regular basis shall be placed in Rank V immediately upon his/her attaining the minimum qualifications for said Rank; in such case, the hiring procedure specified in Section A(1) of Article VI, Initial Appointments, shall not apply.
(1) All Employees shall be evaluated at least once a year. Faculty evaluations conducted under the terms of this Agreement shall be consistent with the document, “Agreement on Evaluation for Self-Improvement, Retention, and Promotion,” and with the document, “Guidelines for Faculty Participation in the Life of the College,” attached hereto as Exhibit “E”.
(2) Self-improvement evaluations: The Joint Committee specified in Section 5 below, shall agree upon certain College-wide criteria for self- improvement evaluations.
The Department Head and Department shall develop that Department’s own criteria, if any, complementary or supplementary to the College-wide criteria for self-improvement.
A report summarizing an Employee’s evaluation and suggestions for self- improvement shall be made by the Department Head using the criteria and procedures established for this purpose. Such suggestions shall be made in the case of non-tenured Employees by the end of their first semester, and in the case of all other Employees prior to April 1. The Department Head may, but shall not be required to, consult with the Dean in the development of such suggestions. These written suggestions shall be discussed with and shown to each Employee, who shall be given a copy. This material shall be filed within the Department and shall be accessible at the Administrative level to the Dean only, for the sole purpose of evaluating the Department Head in the performance of his/her duties as such. Deans should have key responsibility for administration of these evaluations.
(3) Evaluations for promotion: Recommendations for promotions shall be initiated by the Department Head using both the general College-wide criteria on evaluation for promotions established by the Committee specified in Section 5, below, and the specific criteria developed for this purpose within the Department. Such recommendations shall be sent to the Dean and higher authorities for their review and further action in accordance with the established criteria. These recommendations shall be completed by the Department Head in adequate time for the appropriate persons to act.
(4) Non-renewal: (See article VI.C.)
(5) Joint Evaluation Committee: A committee consisting of Employees appointed by the Federation and an equal number of Administrators appointed by the President shall be convened at the request of either the Federation or the College to review the College-wide criteria to be used as specified in paragraphs (2), and (3), above, and Article VI.C. In the event the Committee fails to issue a report, the then existing criteria will be used for evaluations.
ARTICLE VI: APPOINTMENTS AND RENEWALS
A. (1) Initial Appointments:
Responsibility for initiating recommendations for hiring shall vest with the members of the Department where a newly hired Employee will be working. The hiring procedure shall be as follows:
(a) The Administration shall inform the Department of the probable number of positions to be filled as early as possible, and in no case later than October 15, if the positions are to be filled for the following Fall semester or March 15, if the positions are to be filled for the following Spring semester.
(b) A Department Hiring Committee (elected by the Department), the Department Head, and the Dean will meet prior to the beginning of the formal screening process to discuss the specific needs of the Department to be satisfied in filling the new position(s).
(c) The Director of Diversity, Equity & Inclusion shall be a voting ex officio member of all Hiring Committees.
(d) All members of the Hiring Committee shall be required to attend training on diversity.
(e) As part of the formal screening process, the Department Hiring Committee shall offer an interview to candidates who meet the qualification for a position and who have successfully completed a full time Visiting Lecturer Community College of Philadelphia Diversity Fellowship in the relevant discipline within the past five Academic Years. Fellows shall not be offered an interview under the terms of this paragraph more than once.
(f) In any case, all recommendations for the hiring of new Employees in a Department shall be subject to the consideration and approval first of the Department Hiring Committee, next of the Department Head, then of the Dean, then of the Vice President for Academic and Student Success and, finally, of the President.
(g) The Department Hiring Committee may be required by the Administration to furnish a list, in its order of priority, of recommended applicants to a total of two (2) (at least one  of whom shall be a qualified member of the Part- time/Visiting Lecturers’ Bargaining Unit) for each position to be filled, provided that there is that number of applicants acceptable to the Department Hiring Committee.
(h) The Department Hiring Committee and the Department Head shall be required to provide (1) a list of all applicants rejected, together with all applications and all other material submitted by or on behalf of rejected applicants, and, upon request of the Vice President for Academic and Student Success, (2) a written statement explaining any specific rejection.
Final decisions with respect to the appointment of any new Employee shall be made by the Board upon recommendation of the President and an appointment shall normally be for the term of one (1) year. Within six (6) weeks of the initial recommendation, as aforesaid by the Department Hiring Committee, written notification of action taken regarding the appointment shall be transmitted by the President to the Department Head and the Department Hiring Committee. An Employee not in a department shall be given the opportunity to participate in the hiring process for Employees hired into his/her area.
(2) Affirmative Action:
Recognizing the needs of the students and of the wider community, the Federation and the Board shall encourage members of minority groups to apply for available faculty positions at the College. The parties recognize the importance of the College’s commitment to be an Affirmative Action, Equal Opportunity and Equal Access Employer. They will continue to encourage applications from individuals from traditionally underrepresented groups.
Employees’ contracts shall be for a period of one (1) year; the pay period shall be from September 1 to August 31. Contract renewals for the following academic year will be offered no later than March 15. All contract offers must be accepted or refused no later than April 15. Failure on the part of an Employee to accept a contract offer by that date shall be considered a refusal of the offer (and this shall be so specified in the contract renewal letter). The Board shall provide written acknowledgement to an Employee of the Board’s receipt of that Employee’s signed contract offer. If the Board does not intend to reappoint an Employee in Ranks V to VIII, it shall so advise him/her as early as possible, but in no event later than March 15 for those in their initial contract year who were appointed during the Fall semester; April 15 for those in their initial contract year who were appointed during the Spring semester; December 15 for those in their second and third years; and September 15 (or the following January 15 for those hired in the Spring) of the year prior to the termination of their service for all others.
Recommendations for non-renewal shall be initiated by the Department Head at least one (1) month prior to the date stipulated for such notice to be given to the Employee. The Department Head shall meet with an Employee who is being considered for non-renewal before such recommendation is made. The Department Head’s recommendation shall be made using both the College-wide criteria on evaluation for renewals established by the Committee specified in Article V, B, (5), and the specific criteria developed for this purpose by the department. These recommendations shall be sent to the Dean and higher authorities for their review and further action.
During his/her first and second year of service at the College, a non-tenured Employee shall not be denied renewal without cause, which shall be stated in writing if the Employee so requests in writing within fifteen (15) working days of notice. If non-renewed during his/her first or second year of service at the College, such non-renewal shall not be subject to the grievance and Arbitrations provisions of this Agreement. In subsequent years prior to attaining tenure, a non-tenured Employee shall not be denied renewal without cause, which shall be stated in writing if the Employee so requests in writing within fifteen (15) working days of notice. If the cause is questioned, the matter shall be processed through the grievance procedure, Article XXII, provided, however, that the final step of this type of grievance shall be with the appropriate committee of the Board and provided, further, that if any part of the procedure leading to non renewal of a non-tenured Employee is questioned, the grievance may be taken to Step 4 – Arbitration; provided that the absence of Department criteria or the failure to apply same (per Article V) shall not be used as the basis for taking a grievance to arbitration.
An employee in Rank A or B who has at least one (1) year of continuous service since his/her last date of hire shall not be disciplined or denied renewal without just cause. Appeals pertaining to discipline or denials of renewal without just cause shall be processed through the grievance procedure provided for in Article XXII, including Step 4 - Binding Arbitration.
D. Discontinuous Service
Employees who voluntarily terminate or who are terminated for cause and who are subsequently rehired, will receive no credit for prior service for any reason other than credit for years of experience toward minimum requirements for rank as specified in “Exhibit A” of this Agreement. This clause shall not apply to any present Employee hired prior to October 20, 1972 who has discontinuous service.
ARTICLE VII: TENURE
A. The Administration shall advise each Employee, upon his/her appointment, of the substantive and procedural standards employed in decisions affecting renewal and tenure by supplying him/her with a copy of this Agreement.
B. “Tenure” shall mean the right of a person to hold his/her position and not to be removed therefrom except for cause in the manner hereinafter provided.
C. Each Employee shall be advised when decisions affecting his/her renewal and tenure are being made and s/he shall be given the opportunity to submit material which s/he believes will be helpful to an adequate consideration of his/her circumstances.
D. Tenure shall be granted as follows:
(1) An Employee in Rank A or in Rank B does not hold tenure; and service in such classification shall not be counted toward tenure; provided that, credit for past service at the rank of Lecturer shall be counted toward tenure for those employed prior to September 1, 1970, whether or not they had a Master’s degree at that rank.
(2) Instructors do not hold tenure but service in such classification will be counted toward tenure.
(3) The faculty member will submit a statement of at least two pages, listing his/her pre-tenure accomplishments and documenting fulfillment of all contractual obligations, as well as satisfying annual evaluation requirements under the College-wide criteria and as outlined in the department evaluation plan.
(4) Subject to the provisions of sub-paragraph (1) and (3), above, Assistant Professors achieve tenure upon being appointed for a fifth (5th) year counting from the original appointment at the level of Instructor or above.
(5) Subject to the provisions of sub-paragraph (1) and (3) above, Associate Professors achieve tenure upon being appointed for a fifth (5th) year counting from the original appointment at the level of instructor or above.
(6) Subject to the provision of subparagraph (3) above, Professors achieve tenure upon being appointed for a fifth (5th) year.
(7) Notwithstanding the above, for faculty hired in January or effective with the Spring semester, tenure shall not become effective until the faculty member has completed four continuous full academic years, or for a 12-month employee, four continuous complete calendar years.
E. The President may, under special circumstances, recommend to the Board the granting of tenure to Employees who have served less than the above specified periods of time.
F. A tenured Employee shall be given written notification of the Board’s intent to review his/her tenured status and the reasons therefor. Prior to sending such notification, the administration should attempt informal adjustment and conciliation.
G. The service of tenured Employees may be terminated only after demonstration by the Board of:
(1) Incompetence, including consistent and flagrant non-compliance with contractual obligations, or
(2) Physical and/or mental incapacity which renders him/her unable to teach.
Appeals pertaining to the termination of a tenured Employee shall be through the grievance procedure.
H. A tenured Employee shall receive his/her salary for the semester in which termination is completed and for the semester following, whether or not s/he is continued in his/her duties at the College.
I. Until the final decision on termination of a tenured Employee has been reached, that Employee may be suspended only if immediate harm to him/herself or others is threatened by his/her remaining at the College. If s/he is terminated, the Employee shall receive his/her salary for at least the period specified in Section H above and will be continued in his/her duties for that period unless his/ her welfare or the welfare and safety of the College requires that s/he be granted a leave of absence.
J. In the same manner as Employees who are eligible for tenure, Department Heads and Curriculum Supervisors retain tenure or accrue credit toward tenure while serving in these positions. Service in other positions out of the bargaining unit does not count as credit toward tenure, but Employees who have been in the bargaining unit and are appointed to positions out of it shall retain tenure or whatever credit toward tenure they have accrued prior to such appointment, understanding that such tenure or credit toward tenure applies only to the bargaining unit position held by the Employee before his/her appointment out of the unit.
ARTICLE VIII: HOURS OF WORK
A. Ranks V-VIII: Course Load and Class-Size Maxima
All full-time faculty must select a type of contract for the Fall & Spring Semesters (their Academic Year Contract) by May 1, 2019, or upon hire if hired after May 1, 2019, in accordance with the workload options outlined below. Once faculty select a workload option, they cannot decrease their workload option for the remainder of their employment with the College. Faculty may increase their workload to a higher workload option with the approval of the Vice President of Academic & Student Success.
(1) (a) For all Employees hired prior to May 1, 2019 in disciplines listed in this section, course load options shall be 24 credit hours, 27 credit hours or 30 credit hours for the academic year, with three (3) contact hours being equal to two (2) credit hours for laboratories and culinary art cooking courses. For all Employees hired after May 1, 2019 in disciplines listed in this section, course load options shall be 27 credit hours or 30 credit hours for the academic year, with three (3) contact hours being equal to two (2) credit hours for laboratories and culinary arts cooking courses.
In laboratories, the maximum number of students shall be dependent on the number of student stations. The number of students in a lecture class shall not exceed a maximum of 36 students.
(b) For all Employees hired prior to May 1, 2019 in disciplines listed in this section, course load options shall be 24 credit hours or 30 credit hours for the academic year with three (3) contact hours being equal to two (2) credit hours for laboratories. For all Employees hired after May 1, 2019 in disciplines listed in this section, course load options shall be 30 credit hours for the academic year with three (3) contact hours being equal to two (2) credit hours for laboratories.
In laboratories, the maximum number of students shall be dependent on the number of student stations. The number of students in a lecture class shall not exceed a maximum of 36 students.
(2) For all Employees hired prior to May 1, 2019 in disciplines listed in this section, course load options shall be 24 credit hours, 27 credit hours or 30 credit hours for the academic year with three (3) contact hours being equal to (2) credit hours for laboratories. For all Employees hired after May 1, 2019 in disciplines listed in this section, course load options shall be 27 credit hours or 30 credit hours for the academic year with three (3) contact hours being equal to two (2) credit hours for laboratories.
For the disciplines listed in this section (2), the number of students in a class shall not exceed a maximum of 36 students.
(3) (a) For all Employees hired prior to May 1, 2019 in disciplines listed in this section, course load options shall be 30 contact hours or 36 contact hours for the academic year. For all Employees hired after May 1, 2019 in disciplines listed in this section, course load shall be 36 contact hours for the academic year.
ART (STUDIO COURSES AND CERAMICS)
(b) For all Employees hired prior to May 1, 2019 in disciplines listed in this section, course load options shall be 30 contact hours, 33 contact hours or 36 contact hours for the academic year. For all Employees hired after May 1, 2019 in disciplines listed in this section, course load options shall be 33 contact hours or 36 contact hours for the academic year.
PHOTOGRAPHIC IMAGING (PHOT)
(c) For all Employees hired prior to May 1, 2019 in disciplines listed in this section, course load options shall be 24 contact hours, 27 contact hours or 30 contact hours per academic year for those faculty who teach lectures only, or 30 contact hours, 33 contact hours, or 36 contacts per academic year for those faculty who teach a combination of modes (lecture, laboratory, clinical). For all Employees hired after May 1, 2019 in disciplines listed in this section, course load options shall be 27 contact hours or 30 contact hours per academic year for those faculty who teach lectures only, or 33 contact hours or 36 contacts per academic year for those faculty who teach a combination of modes (lecture, laboratory, clinical).
The total workload for the year shall be computed as follows:
For those disciplines specified in this paragraph (3) that meet in laboratories, the maximum number of students shall be dependent on the number of student stations. The number of students in a lecture class shall not exceed a maximum of 36 students. In any event, where team teaching had been utilized in the past, it may continue and with respect thereto, the aforesaid maxima shall not apply.
(4) For all Employees hired prior to May 1, 2019 in disciplines listed in this section, course load options shall be 24 credit hours, 27 credit hours or 30 credit hours for the academic year. For all Employees hired after May 1, 2019 in disciplines listed in this section, course load options shall be 27 credit hours or 30 credit hours for the academic year.
For these disciplines, the number of students in a class shall not exceed 32 students, (as more fully specified as to world languages in Exhibit “A” to the Letter of Agreement, attached hereto and made a part hereof), except that for English 101, 109, 125, the maximum number shall be 23 and for English 102, 104, 108, 112, 114, 115, 116, 120, 131, 132, 135, 136, 137, 142, 205 and 210, the maximum number shall be 25. For English 141, the maximum number shall be 20. In Humanities courses, the maximum number of students shall be 32.
(5) In developmental and remedial courses, the number of students in a class shall not exceed 20.
(6) In Counseling 101, the maximum number of students shall be 23.
(7) Class-size maxima as determined for normal academic year loading shall prevail for courses and sections taught by part-time teachers, through overload and summer teaching, and in offerings of the Division of Adult and Community Education and Corporate Solutions or their successors in function; provided, however, that this paragraph shall not apply to credit-free offerings of the Division of Adult and Community Education and Corporate Solutions or their successors in function.
(8) (a) Exceptions to the above maxima are allowable to permit:
(i) Innovative educational experimentation, and/or
(ii) To provide for educationally exceptional experiences.
(b) Anything herein to the contrary notwithstanding, with respect to television courses given by bargaining unit members, a sub-committee composed of three (3) individuals designated by the College and three (3) individuals designated by the Federation shall be formed forthwith following ratification of the Labor Agreement. In addition, an individual mutually agreed upon by the parties hereto shall serve on the committee and shall be its Chairperson.
The committee shall meet and discuss the program and advise the respective bargaining teams of the College and the Federation regarding the committee members’ thinking on such matters as credit for load (and whether work pertaining to the program should be done in load or as an overload), class size considerations, course design, course materials and the like. Also, the committee shall be free to utilize such resource people and data as is deemed appropriate.
The College and the Federation shall be bound by the final, complete recommendation of a majority of the committee. Until such recommendation or arbitration award is issued, the program shall be considered experimental.
Anything herein to the contrary notwithstanding, television courses shall be considered a form of Distance Learning.
(9) Class-size maxima shall be calculated as of the date on which drop- and-add ends in each session or academic year semester.
(10) An Employee shall be assigned no more than three (3) preparations per semester provided, however, that a first year teacher shall have no more than two (2) preparations for his/her first semester at the College unless such a schedule is administratively impossible and provided, further, that for Employees teaching English and Foreign Languages the maximum number of preparations shall be two (2) per semester unless the Employee requests additional preparations.
(11) Each teaching Employee shall maintain a minimum of six (6) office hours per week except for office hours for those teaching in the Allied Health Programs, which shall be a minimum of five (5) per week. Office hours for each such Employee shall be held on at least three (3) separate workdays and shall be posted not later than one (1) calendar week after the beginning of classes in a location immediately outside the Employee’s office.
(12) Disciplines added to the offerings of the College during the period of this Agreement shall be placed within that section among sections 1 through 4 with which they are most similar in consultation with the Federation and on the basis of the facts.
(13) Any team teaching requires College’s prior approval and its prior agreement as to allocations of course load credit.
B. Instructional Aides
(1) Employees in Rank A shall be appointed for twelve (12) months with one (1) month’s paid vacation; and Employees in Rank B shall be appointed for the academic year, all starting September 1st.
Notice of non-renewal for all Instructional Aides shall be given by March 15th.
(2) Instructional Aides shall have a work week of 37-1/2 hours, of no more than five (5) days, that, insofar as is feasible, will be consecutive. Daily hours to be served shall be between 8:00 a.m. and 10:00 p.m. in a consecutive period of 7-1/2 hours, exclusive of lunch, in any given day. Sunday work regularly assigned shall be paid at double time and at time and one-half if not regularly assigned.
(3) Scheduling of Instructional Aides shall normally be done on a semester basis; provided, however, that any such Employee will receive notification of any pending schedule change at least one (1) month before such a change.
(4) Instructional Aides shall be assigned to one (1) department for administrative purposes; provided, however, that the division of their time between departments in which they work shall be clearly specified and agreed to by their supervisors.
(5) Employees in Rank B who work beyond the end of the academic year shall be paid at the appropriate hourly rate in Exhibit “C.”
Rank and tenure for Counselors shall be assigned on the same basis as is the case with teaching faculty.
The Counselors shall be considered as constituting a department for all purposes under this Agreement, and the Department Head shall be entitled to fifty (50%) percent released time for administrative duties.
Counselors will work a twelve (12) month contract, starting on September 1, including a vacation of one (1) month’s time, which, at the discretion of Counselors, need not be consecutive. The scheduling of specific vacation periods shall be done mutually by the Counselors and their Dean. In addition, Counselors shall be entitled to five (5) normal working days off during the mid-year break, provided that the Counseling Center is properly staffed. Minimum salary for such contract shall be 30% greater than the individual would be eligible to receive for an academic year 24 credit/30 contact hour workload contract.
Counselors shall work thirty-five (35) hours per week, Monday through Friday. Each Counselor will be available to extended day students for only one (1) full evening per work week unless additional evening work is arranged with the mutual consent of the Counselor and the Division Dean for Student Life.
There one (1) Counselor for every four hundred and fifty (450) full-time equivalent students not in Community Services; and one (1) Counselor for every seven hundred (700) full-time equivalent students in Community Services offerings. These ratios shall be based on whole numbers as above and the College shall not be required to have any Counselors based on fractions of those whole numbers. The College may require that all new Community Services Counselors hired have special expertise in the needs of the Community Services Program and such new Counselors may be assigned minor administrative duties and also may be assigned by the College where and when needed, notwithstanding any other provision of this Section C of Article VIII to the contrary.
Professional counseling duties are defined as individual and group counseling, teaching of specific counseling classes, and consultation with faculty and students in the Curriculum Advising and Developmental Education programs. As with other faculty, Counselors may be offered overload teaching by other departments in disciplines for which they are qualified.
Rank and tenure for Librarians shall be assigned on the same basis as is the case with other faculty. The Librarians shall be considered as constituting a department for all purposes under this Agreement, and the Department Head shall be entitled to twenty-five percent (25%) released time for administrative duties. Department meetings may be held at least once a month.
Librarians will work a twelve (12) month contract, starting on September 1, including a vacation of one (1) month’s time, which, at the discretion of the Librarian, need not be consecutive. The scheduling of specific vacation periods shall be done mutually by the Librarians and their Dean. In addition, Librarians shall be entitled to five (5) normal working days off during the mid-year break, provided that the Library is properly staffed.
Minimum salary for a Librarian’s twelve (12) months’ contract period shall be thirty percent (30%) greater than an individual would be eligible to receive for an academic year 24 credit/30 contact hour workload contract.
Librarians will work thirty-five (35) hours per week. Each Librarian will be available during extended day hours for no more than one (1) full evening per work week. Additional extended day work may be arranged with the mutual consent of the Librarian and his/her Dean.
The work week for Librarians will normally be Monday through Friday. However, because of the special needs of the College, it may be necessary, from time to time, for Librarians to work during Saturdays and Sundays on the present compensatory time off basis or, at the election of the Librarian, on an extra pay basis at the appropriate hourly rate in Exhibit “C”.
Subject to satisfactory staffing arrangements, Librarians shall be permitted to enroll in courses and attend classes during normal working hours provided that the time so spent is made up on an hour for hour basis during the next seven (7) days.
As with other faculty, Librarians may be offered overload teaching by other departments in disciplines for which they are qualified.
E. Part 1. - Learning Laboratory
(1) Rank and tenure for Learning Lab Employees shall be assigned on the same basis as is the case with teaching faculty. The Learning Lab shall be considered as constituting a Department for all purposes under this Agreement.
(2) The work year shall be either on an academic year contract or on a twelve (12) month contract, as directed by the Board:
(a) For those Learning Lab Employees who work a twelve (12) month contract, the contract will start on September 1 and shall include a vacation of one (1) month’s time which, at the discretion of the Learning Lab Employee, need not be consecutive. The scheduling of specific vacation periods shall be done mutually by the Learning Lab Employees and their Dean. In addition, Learning Lab Employees shall be entitled to five (5) normal working days off during the mid-year break provided that the Learning Lab is properly staffed.
Minimum salary for Learning Lab Employees who work a twelve (12) month contract period shall be thirty percent (30%) greater than an individual would be eligible to receive for an academic year 24 credit/30 contact hour workload contract.
(b) For those Learning Lab Employees who work an academic year contract, the work
year shall start on the first day of Fall in-service training and shall extend to and include the day grades are due at the end of the Spring semester. Also, these Employees shall be required to attend graduation. The Learning Lab Employees who work an academic year contract shall be entitled to the same Thanksgiving, Between-Semester, and Spring breaks as the academic year teaching faculty.
(c) A Learning Lab Employee working a twelve (12) month contract shall be permitted
to change permanently to academic-year status if mutually agreed upon by the College and the Employee. (3) Learning Lab Full-Time Faculty shall work thirty-five hours per week. Learning Lab Full Time Faculty shall be assigned twenty-five (25) hours per week for direct student contact, normally over a period of five days. They shall also fulfill five (5) hours per week on campus in student success and retention activities or in activities to be developed by the Department faculty and approved by the Department Head. The five (5) hours not assigned shall be devoted to professional activities, which may take place on or off campus at the discretion of the Learning Lab Full-Time Faculty and in consultation with the Learning Lab Department Head.
(4) Subject to satisfactory staffing arrangements, Learning Lab Employees shall be permitted to enroll in courses and to attend classes during normal working hours; provided that the time so spent is made up on an hour-for-hour basis during the next seven (7) days.
(5) As with other Employees, Learning Lab Employees may be offered overload teaching in disciplines for which they are qualified provided the same is done outside of their normal working hours. (6) An Employee in Ranks V to VIII inclusive who wishes to work part of his/her load in the Learning Lab may do so if s/he is given permission by his/her Department Head, the Learning Lab Department and the Head of the Learning Lab Department.
E. Part 2. - Advisors
Rank, salary, and tenure for Advisors shall be assigned on the same basis as is the case with teaching faculty, with the understanding that each year of professional experience for Advisors equals one year of teaching experience.
The Advisors shall be considered as constituting a department for the purposes under the Agreement, and the Department Head shall be entitled to a minimum of twenty-five (25%) percent released time for administrative duties. Advisors will work a twelve (12) month contract, starting September 1, including a vacation of one (1) month’s time, which, at the discretion of Advisors need not be consecutive. The scheduling of specific vacation periods shall be mutually agreed upon by the Advisors, the Department Head and the appropriate Dean. In addition, Advisors shall be entitled to five (5) normal working days off during the mid-year break provided that the Advising Center is properly staffed. The Department Head may require Advisors to schedule these five (5) working days off at other times than the mid-year break.
Advisors shall work thirty-five (35) hours per week over a period of five (5) days, which need not be consecutive, Monday through Saturday. Each Advisor will be available to work for only one (1) full evening per workweek unless additional evening work is arranged with the mutual consent of the Advisor and the Department Head. By mutual consent between an Advisor and the Department Head, and with at least seven (7) calendar days’ notification prior to the assignment, or shorter if mutually agreed, an Advisor may be given an assignment at a campus location other than his/her normal campus location for up to one hundred eighty (180) days in a year, and the Advisors will not withhold consent to this assignment unreasonably. Subject to satisfactory staffing arrangements, Advisors shall be permitted to enroll in courses and attend classes during normal working hours provided that the time so spent is made up on an hour for hour basis during the next seven (7) days. As with other faculty, Advisors may be offered overload teaching by other departments in disciplines for which they are qualified.
F. Pre-Retirement Work Load Option
The half-time Pre-Retirement Workload Option (“PRWL 50% Option”) was eliminated effective with the start of the 2019-2020 Academic Year. The options for full-time faculty who were on the PRWL 50% 0ption or who had elected the PRWL 50% Option as of April 4, 2019 are reflected in a Settlement Agreement dated May 16, 2019 between the College and the Federation.
(1) Intentionally Left Blank.
(2) Intentionally Left Blank.
(3) An Employee who has reached age sixty-six (66) and has twenty (20) years of service (including years as a Visiting Lecturer) may choose a “step-down” pre-retirement workload option as follows:
Year 1: Reduction of the contractual workload to the percentage closest to 75%, but at least 75%; 100% of salary; overload pay for credits above 75%;
Year 2: Reduction of the contractual workload to the percentage closest to 50%, but at least 50%; 100% of salary; overload pay for credits above 50%;
Year 3: Reduction of the contractual workload to the percentage closest to 25%, but at least 25%; 50% of salary; overload pay for credits above 25%
Year 4: Retirement.
(4) An Employee who wishes to elect the Pre-Retirement Work Load Option (Step-Down) shall notify the College no later than February 15th of a given academic year to be effective as of the beginning of the next academic year, and by September 15 to be effective as of the beginning of the Spring semester. Once having made this election, the Employee will not be able to revert to full-load status. Each such Employee shall be paid the percentage of the salary s/he otherwise would have been eligible to receive as noted in Section (3) above but the Board shall provide all fringe benefits to which the Employee otherwise would be entitled at no cost to the Employee. Employees on the Pre Retirement Work Load Option (Step-Down) will not be eligible for Long Term Disability (LTD) or Accidental Death and Dismemberment (ADD). Twelve (12) month Faculty on the Pre-Retirement
Step Down Workload Option will accrue leave time (vacation, personal, and intersession days) based on the percentage of the normal workload each such person is scheduled to work (i.e., 75%, 50% or 25% of the regular vacation, intersession, or personal day accrual). Twelve-month Faculty on the Preretirement Workload Option (Step-Down) will be charged a percentage of two (2) vacation, intersession, or personal days during the winter break, based on the percentage of the normal workload each such person is scheduled to work. For example, if a twelve-month faculty member is at the 50% annual workload level, he or she will be charged 50% of two (2) days of vacation, intersession, or personal days, or the equivalent of one day. Faculty may retain accrued vacation time earned prior to taking the pre-retirement workload option in as much as the total past and continued accrual does not exceed 46 days. No such Employee will be entitled to forgivable loans or to sabbatical leave(s) from and after the date his/her Pre-Retirement Work Load Option (Step-Down) becomes effective. An Employee who elects the Pre-Retirement Work Load Option (Step-Down) shall remain a full-time Employee for purposes of this and all other agreements between the Federation and the College. Employees on the Pre-Retirement Work Load Option (Step-Down) cannot work overload courses.
G. Half-time Workload Option for Special Needs
By reason of childbirth, adoption or foster child placement, or for the serious health condition of a spouse, parent, child, or eligible Employee, an Employee shall be permitted, once in his/her career, during any twelve-month period, to reduce his/her contractual annual workload by fifty percent (50%) (or as close thereto as possible) divided as evenly as possible between the two (2) semesters in the case of an academic year Employee and over the twelve (12) months in the case of a twelve (12) month Employee. All provisions of this Agreement shall apply to such an Employee; in particular, the Employee shall continue to receive all benefits. In the event an Employee’s contractual annual workload can be reduced only to percentages different from fifty percent (50%), his/her contractual annual workload shall be reduced to the percentage closest to fifty percent (50%). In the event that two (2) such percentages are equidistant from fifty percent (50%), the Dean, or his/her designee, in consultation with the Department Head, shall determine which of the two (2) percentages shall be the Employee’s reduced workload.
H. Released Time
Released time from teaching duties on a semester basis shall be recommended by the Department Head and the Dean to the Vice President for Academic and Student Success. Released time commensurate with the task or duties involved may be granted for such activities and projects as:
(1) In-service training,
(2) Course or curriculum revision or development,
(3) Service in an administrative capacity,
(4) Institutional research, and
(5) Curriculum advising.
If released time recommended by the Department Head is not granted, the Vice President for Academic and Student Success shall explain his/her action to the Department Head.
The Federation shall be granted a released time pool of eight (8) courses per year. In addition, the Federation shall be permitted to purchase up to twelve (12) three-hour sections per year at the part-time contact hour rate then in effect for Pool I. All of these sections shall be allocated at the discretion of the Federation among Federation designees. In addition to the above, the Federation shall be permitted to purchase up to eight (8) sections of released or extended time to be allocated at the discretion of the Federation among Classified Employee or part-time faculty members designated by the Federation; these sections shall be purchased at the lowest part-time contact hour rate then in effect. Classified Employees shall be eligible only for extended time sections under these provisions. The Federation shall notify the Board before the end of the Spring semester for the following Fall semester and not later than December 15th for the following Spring semester; and, in no event, will any individual Employee receive released time amounting to a full load.
Employees other than credit teaching Faculty on released time or otherwise being excused from regular hours to perform Federation work (i.e. Classified Co-Chairs enforcement time) must report any time off from their regular work schedule for Federation activities to their supervisors on a weekly basis.
(1) A minimum of twelve (12) hours shall elapse between an Employee’s last regularly scheduled class or hours in a day and his/her first regularly scheduled class or hour on the following day.
(2) Class schedules for teachers shall not extend over more than a seven (7) period day, exclusive of overload, unless the teacher so requests. For purposes of this section, a period shall be equal to one (1) hour.
(3) Regular work week for those in Ranks V through VIII shall be Monday through Friday from 8:00 a.m. (7:00 a.m. in Allied Health Programs only if required by outside clinical facility shift hours or such facility’s other scheduling requirements) to 10:00 p.m.; and subject to what is provided in paragraph (4), below, Saturday and Sunday assignments are permitted.
(4) Ranks V through VIII Employees who would otherwise be underloaded can be required to work on weekends or in Community Service programs; and other Ranks V through VIII Employees can be required to work on weekends or in Community Service Programs, but only if the College has attempted and failed to cover the Sections (in the following order) with:
(a) Such Employees who volunteer, or
(b) Visiting Lecturers or Part-time Employees.
Any remaining Sections may then be assigned to Employees on a rotating inverse seniority order within disciplines.
No Employee will be required to work more than five (5) days in a week and, if possible, those five (5) days will be consecutive.
(5) Summer and Winter Teaching: Employees may teach up to three (3) overload courses per Summer session and one (1) overload course in Winter Term provided that the sections are available.
(a) An Employee whose workload is defined on an academic year basis may elect to receive his/her Fall semester overload pay in the Fall semester provided that:
(i) the Employee requests this option in writing to his/her Department Head at least 30 days prior to the start of the Fall semester,
(ii) the Employee agrees to teach a full load in the Spring semester,
(iii) the Employee’s Department Head verifies in writing to the Dean that a full load will be available and will be assigned to the Employee in the Spring semester, and
(iv) the Employee agrees to a payroll deduction to repay all of the requisite portion of the overload if the Employee does not carry a full load in the Spring semester. The payroll deduction will occur in the first two (2) pay periods of the Spring semester.
Nothing in this provision is intended to affect the calculation of the Full-time/Part-time ratio set forth in Article VIII. O. of this Agreement.
(b) Subject to availability, all Employees (except faculty on Pre-Retirement Work Load Option(Step Down)) may work up to one overload course in any regular semester (i.e. Fall and Spring semesters) provided, however, that for the purposes of this section:
(c) “Overload class section” shall mean any section assigned to an Employee, no credits for which are counted in his/her normal load; and
(d) The limitation contained in this section shall not apply in the event that an emergency results in the extended absence of an Employee, and provided that the Federation receives prior notice of the Administration’s intention to make an emergency overload assignment.
(e) No Employee shall be offered any course s/he has not previously taught contingent upon his/her agreement to teach the course on an overload basis. No Employee shall be offered any course using computer-based instruction or other innovative delivery techniques which s/he has not previously used contingent upon his/her agreement to teach the course on an overload basis.
(f) Employees shall make their request for overload, Winter, and Summer teaching (including paid advising) to their Department Heads at least thirty (30) days before the beginning of the semester or term. Employees who make their requests after this date shall not be considered for assignment before Part-time faculty.
(7) Employees’ contractual workload should be balanced across semesters in accordance with the workload options available for their discipline.
J. Drop and Add; Curriculum Advising.
Each Employee may be required to participate in drop-and-add and in advising for no more than six (6) hours per semester, which need not be consecutive. This duty is to occur within the first week prior to the beginning of each semester and at any time during each semester. Notice of at least one (1) week must be given to the Employee for such duty. Any such duties in addition to the above shall have additional compensation.
K. Night Sections.
No Employee shall be required to teach more than two (2) night sections in an academic year.
L. Academic Year Employment
(1) Although for fiscal and related purposes, appointments are geared to a pay period that runs from September 1 to August 31, the College may call upon Employees for advising, drop-and-add, ad hoc committees, College and Department Committees, accreditation, College-wide surveys, College meetings, in-service training, orientation and department and division meetings beginning five (5) working days before the opening of classes for the Fall and for the Spring semesters.
The Fall semester shall end forty-eight (48) hours after the last scheduled day of final examinations provided that grade reporting procedures have been completed. The Spring semester shall end with attendance at graduation, which shall be held as soon as reasonably possible following the final day for examinations, but in no event later than the Tuesday of the week following such final day of examination.
With respect to the Spring semester, provided that grade reporting procedures have been completed during the period beginning forty-eight (48) hours after the final day for examinations and ending with graduation, an academic year Employee shall have no required duties except for attending graduation. Other activities may be scheduled during this period provided that attendance is voluntary.
An Employee for good cause shown shall be excused by the Vice President for Academic and Student Success from attending graduation.
(2) When Spring and Fall semester classes are in session and teachers are not scheduled for classes, office hours, advising, drop-and-add or other duties as specified in this Agreement, they are not required to be present at the College’s campus(es) or facilities. However, when necessary, Division, Department or General Faculty meetings, or other work requirements as specified in this Agreement develop requiring their presence on days or at times during the Fall and Spring semesters when they otherwise could be absent, the Employees shall be advised as early as possible of the need to report for the specific duty requiring their presence and they shall be expected to attend such function(s). All of the above shall take cognizance of the existing time pressures experienced by Employees in the discharge of their professional responsibilities and shall not be exercised by College in a manner contrary to the professional sensibilities of the Employees.
M. Academic Year Work Days.
The number of work days during the academic year shall be as set forth in the calendar attached hereto and made a part hereof as Exhibit “B”. Also, Employees who work twelve (12) month contracts shall work 33.5 hours per week during the period beginning with the second Friday in May and ending with the third Friday in August, inclusive, when the College operates on a four (4) day work week.
N. Academic Year Option
(1) Twelve (12) month Rank V to VIII Employees will be permitted instead to work an academic year (at a 24 credit/30 contact hour academic year salary including full fringe benefits) at the discretion of the College, based on demonstrated College needs and the recommendation of the Department with the approval of the Department Head and of the appropriate Dean and the Vice President for Academic and Student Success, as applicable. Interested and qualified Employees who select this option, if it is available, shall be chosen on a rotating seniority basis for one (1) academic year at a time. The academic year may be sliding (it need not be traditional, i.e., it may be from August to March, etc.), as determined by the College. In any event, if staffing needs for a specific academic year so require, the College may nevertheless postpone the academic year option for up to one (1) year.
(2) Notwithstanding the provisions of section (1) above, each twelve (12) month Employee shall be permitted to take an academic year (traditional) option, at her/his election, in that Employee’s final year prior to retirement.
O. Full-Time/Part-Time Ratio.
For the term of this agreement the full-time/ part-time ratio shall be calculated in the following manner:
(1) Required Number of Full-Time Faculty:
(a) In each Fall and Spring semester, there shall be a required number of full-time faculty so that their student credit hour contribution will equal sixty-four (64%) of the mean total student credit hours taught in the Fall and Spring semesters of the two prior academic years.
(b) Cross-listed Course Reference Numbers (CRNs) are counted once toward student credit hours taught.
(2) Calculation Parameters:
(a) For the purpose of this Article VIII P, full-time faculty shall include Ranks V-VIII faculty, Department Heads and Visiting Lecturers in instructional departments and in the Library and Learning Lab. Specifically excluded are faculty in Counseling, Advising and the Director of Curriculum Facilitation while they are fully released from teaching.
(i) Inclusion of the Learning Lab faculty is in no way intended by the Federation or the College as an opening to count credit-free sections in the ratio.
(b) For each semester, a contribution calculation will be performed whereby each instructional faculty member will be credited with student credit hours equal to 50% of their Academic Year Contract (i.e.: 50% of 24; 50% of 27; or 50% of 30 credits, with 30 contact hours equal to 24 credits, 33 contact hours equal to 27 credits, and 36 contact hours equal to 30 credits). Librarians and Learning Lab faculty will be credited with 12 student credit hours each semester. The total of the student credit hour contributions of the full-time faculty, librarians, and Learning Lab faculty will be compared to sixty-four percent (64%) of the average student credit hours taught in the Fall and Spring semesters of the two prior Academic Years.
(c) Visiting Lecturers (including Diversity Fellows on VL assignment) will be credited in calculation based on their contracted workload for Visiting Lecturer for the Fall and Spring Semester(s). Visiting Lecturers shall work a 12 credit-hour equivalent per semester except Studio Art Faculty who will work 18 contact hours and be credited with a 15 student credit hour contribution.
(d) Faculty on step-down will be credited with their step-down credit hours for that semester toward the computed count of full-time faculty student credit hours.
(e) Faculty on sabbatical, short-term disability or long-term disability will not be counted for ratio purposes. For 12-month faculty on a 6-month sabbatical, the semester of the sabbatical will be the semester in which most of the sabbatical days fall.
(f) A pro-rated adjustment to the student credit hours that are credited toward the computed count of full-time faculty student credit hours as determined in Section 2(a)(b) (c) and (d) will be made for faculty on released time (provided, however, that for the additional curriculum coordinators on released time provided in accordance with Article XVI (H)(1)(b), their released time counts toward the full-time student credit hour contribution for the full-time faculty ratio). For example, 25% released time shall reduce a faculty member’s credited student credit hours by 3 student credit hours and 50% released time shall reduce a faculty member’s credited student credit hours by 6 student credit hours.
(g) The count of full-time faculty student credit hours in a semester shall include all full-time faculty student credit hours as of the first day of the semester and any Visiting Lecturer student credit hours created after the first day of the term provided that the Visiting Lecturer is not replacing previously counted full-time faculty student credit hours. The ratio applies to courses taught in the Fall and Spring semesters of the Academic Year and does not apply to Summer or Winter terms. For the purpose of this section (Article VIII. O)., all calculations of full time faculty student credit hours, including the required number, the computed count in a semester, the surplus and the deficit, shall be made to the nearest tenth.
(3) Surplus and Deficit:
(a) The College may bank an accumulated surplus in the computed count of full-time student credit hours compared to the required number of full-time faculty student credit hours (up to 90 student credit hours) to be used against a future deficit.
(b) Any deficit in the computed count of full-time faculty student credit hours compared to the required number of full-time faculty student credit hours must be made up the following semester and/or be offset against any accumulated surplus. Any deficit, or fraction thereof, that is not made up in the following semester shall be multiplied by 1.33 for each subsequent semester for which it is not made up.
(4) Ratio Report:
(a) The College will submit a semester report to the Federation on the Ratio not more than 60 days after the end of each Fall and Spring semester.
(b) The Ratio Report shall include: 1) the total number of student credit hours taught College-wide in each department; 2) a list of full-time faculty and their contracted load student credit hour contribution; 3) a list of faculty with released time indicating the number of credit hours of released time for each faculty member (provided however that the additional curriculum coordinators on released time in accordance with Article XVI, H. (1)(b) will be listed in this report but their released time will count toward their full-time faculty student credit hour contribution for the full-time faculty ratio); 4) a list of faculty on short-term disability; 5) a list of faculty on sabbatical; 6) the deficit or surplus for that semester; and 7) the current number of banked full-time faculty student credit hours as specified in section 3(a).
(5) Other Provisions:
(a) As has heretofore been the practice, credit free sections shall not be included in the computation of the full-time/part-time ratio.
(b) Academic advising compensated work shall no longer be included in the computation of the full-time/part-time ratio.
(c) In the event there is a significant decrease in enrollment or a decline in funding, the parties will meet to resolve the need to hire full-time Employees required by the Ratio.
Effective October 2019, all Full-Time Faculty (other than credit teaching faculty) must comply with the College’s electronic time and attendance system. This system will require employees who previously submitted weekly attendance sheets of their daily attendance to do so electronically. It will also require any faculty electing an additional hourly assignment, academic year instructional aides working additional hourly assignments in the summer or Full-Time Faculty working additional part-time advising assignments, to comply with any log in and out procedures of the College’s electronic time-keeping system for all hours worked.
ARTICLE IX: SENIORITY, TRANSFERS AND RETENTION OF EMPLOYMENT
(1) Seniority shall be on a college-wide basis and shall mean an Employee’s length of full-time faculty bargaining unit service at the College as provided for in this Agreement. In the event two (2) or more Employees have the same seniority, length of employment at the College as a part-time employee and/ or as a visiting lecturer shall be used to resolve conflicts; and in the event these are not conclusive or in the event there has been no such employment, the date of Employee’s letter of appointment shall govern.
(2) Those who hold non-bargaining unit positions within the College shall retain seniority earned through service in bargaining unit positions, but they shall not accrue additional seniority while out of the bargaining unit provided, however, that Department Heads and Curriculum Supervisors shall retain and accrue seniority while serving as such. An Employee who leaves the Bargaining Unit to hold a non-Bargaining Unit position within the College, with the exception of Department Heads, will neither lose nor accrue seniority, and his/her seniority date will be adjusted accordingly.
(1) In the event the Board determines that a vacancy and/or opening in the bargaining unit exists at any of the College’s campuses or facilities, Tenured Employees who are qualified shall have the right to fill any such vacancy and/or opening based on seniority. Non-Tenured, Tenure-Track Employees who are qualified shall have the right to fill a vacancy and/or opening in a newly created department at the time of its creation based on seniority provided, however, that any Non-Tenured Employee must satisfactorily complete at least two years in the new department before being eligible for Tenure.
(2) The Board shall notify all Employees through publication in the Community College Newsletter or its successor in function of all such vacancies and/or openings, and no such vacancy and/or opening shall be filled for thirty (30) calendar days after such notification so that all interested Employees shall have had an opportunity to request transfer to such vacancy and/or opening.
(3) In the event any new campus or facility is opened replacing one or more existing campuses or facilities, the Employees involved at the campus(es) or facility(ies) affected shall have the right to transfer to the other campus(es) or facility(ies). In such a case they shall, if qualified, have priority over any other applicant for appointment at, or voluntary transfer to, such other campus(es) or facility(ies).
(4) Anything herein to the contrary notwithstanding, in the event an entire program or department is transferred to a different campus or facility, the Employees in that program or department also shall be transferred.
(1) “Displacement/Layoff” shall be defined as the termination of an Employee’s services for reasons unrelated to his/her performance. The Federation shall be informed of all notices of displacement/layoff.
(2) In the event of a reduction in the number of Employees for any reason, the following shall apply:
(a) An Employee who cannot be employed by the exercise of seniority within his/her area(s) of qualification(s) at the campus or facility of his/her assignment shall, if s/he has the required seniority, have the right to be employed at any other campus or facility where a position exists within his/her area(s) of qualification(s).
(b) If an Employee exercises the above rights, the most junior Employee in that Employee’s areas of qualification(s) may be displaced.
(c) Displacement of another Employee shall not occur if a full- time position can be made available by the elimination of part-time and overload/ overtime assignments which the Employee is qualified to teach. This shall, in addition to regular teaching faculty, apply to Counselors and Librarians, Learning Lab Employees and Rank A and B Employees; no other rights are affected by this change.
(d) (i) Any Employee who is displaced and for whom no position exists shall be given preference for part-time assignments for which s/he is qualified.
(ii) Employees on layoff in a Department shall have the right to part-time courses in that Department that become available over Employees who have transferred to another Department from that Department, regardless of their respective seniority.
(e) (i) Any Employee who is displaced and for whom no position exists shall be placed on a preferred recall list and shall retain all prior accrued seniority, rights and benefits obtained up to the date s/he was placed on the preferred recall list, and all of these rights and his/her position on the list shall be retained for a period equal to his/her length of service with the College or three (3) years whichever is less, provided however, that none of the fringe benefits specified in this Agreement shall be granted while s/he is on the preferred recall list, but so long as the carrier(s) do(es) not object, Employees on the preferred recall list shall be permitted, at their own expense, to remain in the College’s fringe benefit groups.
(ii) Recalls of qualified Employees shall be based on 1) seniority and 2) date of placement on the preferred recall list (the last Employee placed on the list shall be the first recalled); and without changing any other rights or duties, when a recall is made, the Board shall send a copy to the Federation of any recall notice sent.
(iii) An Employee recalled from layoff after September 15th may be notified of displacement for the next academic year at the time s/he is given notice of recall. Under these circumstances, the requirement that such notification be given by September 15th (if applicable) shall not be binding.
(iv) Upon recall, an Employee shall retain all seniority rights and benefits earned prior to lay-off or displacement and shall immediately begin to accrue additional seniority for all purposes.
(v) In no event shall a private music student be required to change her/his teacher unless it is necessary for the recall of a teacher on the recall list or to prevent displacement of a teacher.
(vi) An Employee whose time on the recall list has expired shall be placed in a part-time teacher seniority pool with seniority equal to that already earned in that bargaining unit or four (4) units, whichever is greater.
D. Notification of Displacement.
Notification of the elimination of the position of an Employee in Rank V or higher shall be in accordance with the procedures of Article VI B, Renewals. Each year the Vice President for Academic and Student Success, or his/ her designee, shall meet with representatives of the Federation to identify areas in which future displacement/layoffs are probable.
E. Order of Choice of Placement.
Seniority shall be used to determine the order of choice of placement where two (2) or more Employees qualify for two (2) or more positions.
F. Inter-campus Transfers.
Except as specified in paragraph B(4) above, an Employee shall not be required to accept transfer from one (1) campus or College facility to another, unless the Employee otherwise would be underloaded.
G. Retention of Rights, Benefits and Seniority.
Any Employee transferring or exercising his/her right of displacement shall retain at the receiving campus or facility all accumulated seniority for all purposes as well as all previously earned rights and benefits.
H. Effective Date of Transfer or Displacement.
The filling by transfer and/or by the exercising of the right of displacement by an Employee may be accomplished at any time, but shall be effective only at the beginning of an academic semester. The vacancy or opening shall be filled on a temporary basis during the interim period by the use of part-time Employee(s) or overload assignments.
ARTICLE X: COLLEGE CALENDAR
The calendars for the academic years 2016-2017, 2018-2019, 2019-2020, 2020-2021, and 2021-2022, shall be as set forth in Exhibit “B”, attached hereto and made a part hereof. This calendar shall include a Study Day in each academic semester.
These calendars reflect the agreement between the Federation and the Board that the College shall close a full week during Spring Break each year; as a result, the calendar has been extended two days. In addition, all full-time Faculty shall participate in one additional in-service day each semester; as a result, one additional day has been added to each semester. This day (Professional Development Day) will occur on a day determined by the College prior to the start of each semester.
Paragraph 5 of the Memorandum of Understanding extending the 1990-95 collective bargaining agreement through August 31, 1997 shall continue in force: The College shall be closed between the Christmas Day holiday and the New Year’s Day holiday. Twelve-month Employees will be required to use two days of vacation time or intersession time for the period unless there is mutual agreement between the Employee and the department head to satisfy the two-day (14 hour) obligation by: (1) Working fourteen hours in addition to the Employee’s normal work schedule; or (2) Completing a project or assignment which equates to fourteen (14) hours. The requirements of (1) or (2) above must be met between September 1st and August 31st of the appointment year in which the College closing occurred.
At the Main Campus, with the approval of the Department in which the course is offered, the College may offer course sections of different lengths than those set forth in Exhibit “B” on an experimental basis for a period of two (2) regular semesters, after which the Department and the College will conduct an assessment of the experiment based on mutually agreed-upon criteria which shall be established in advance. The Federation will be informed of such experimental offerings before they begin.
The decision to continue course sections of different length after the experimental and assessment periods will be a joint decision made by the Department and the College, and must have the agreement of the Federation, which shall not be withheld or delayed unreasonably.
Pending completion of the assessment, the course section(s) may continue for the subsequent semester.
If, after completion of the assessment, there is no agreement to continue the course sections of different length, such sections will no longer be offered and such sections already listed for subsequent regular semesters will be canceled.
This provision shall not affect the College’s rights at locations other than the Main Campus, or previous agreements between the College administration and the Federation on course sections of different lengths.
ARTICLE XI: SALARIES AND OVERLOAD
The salaries to be paid and/or the increases to be granted to Employees during the term of this Agreement or any extension thereof shall be as set forth in Exhibit “C”, attached hereto and made a part hereof.
ARTICLE XII: LEAVES
A. Child Care Leaves
Upon written request, an Employee with at least two (2) semesters’ employment who becomes pregnant or who desires to care for a newly born or newly adopted child or a newly obtained foster child, shall be granted a leave of absence without pay for a period not to exceed two (2) semesters following the birth, adoption or obtaining of the child. Such leave should be requested in writing not less than thirty (30) days prior to the start of a semester.
The Board may in its discretion extend such leave beyond the two (2) semester limit.
When such leave is granted, the Employee shall be required to be absent for the full period of the leave, unless the President gives written permission to return early. In any event, the Employee must notify the Board of the intention to return no later than June 1 for the following Fall semester, and December 1 for the following Spring semester.
An Employee granted such leave of absence provided for herein shall not have such time counted in computing eligibility for tenure and/or for automatic promotion to Assistant Professor.
Upon returning to the College after having completed such leave as aforesaid, such Employee shall be placed on his/her former assignment or as close thereto as possible and except as otherwise provided herein, with all accrued benefits and increments that would have been earned if the Employee had been in regular service. Furthermore, Employees on such leave of absence shall, if possible, be permitted to continue their contributions for insurance and other benefits as well as those of the Board. The Board shall make no contributions on their behalf.
B. Military Leaves
Any Employee who serves in the Armed Forces or in alternative service approved and authorized by law shall be granted a leave of absence for the period of such service. An Employee so affected will be required to reapply within ninety (90) days after his/her discharge or separation from service, which must be under honorable conditions, or completion of such service. The Employee shall be given the same position, or as near to it as possible, with all accrued benefits and increments that would have been attained had s/he been employed in the College during such period, other than credit for tenure.
In the event an Employee suffers a death in his/her immediate family, s/ he shall receive a leave of absence with pay for five (5) College working days. “Immediate family” shall be defined as parent, spouse, child, brother or sister. A leave of absence with pay of three (3) College working days shall be granted upon the death of any of the following: mother-in-law, father-in-law, grandparent or a person who is a member of the Employee’s household at date of death, including a person who left the household to go to a nursing home or hospital.
D. Jury and Court Appearances
Any Employee scheduled for jury duty, or for whom it is otherwise necessary to appear in any court or before any governmental agency, shall be excused from his/her normal duties for such appearance without loss of pay provided, however, that the Board shall have the right to have such Employee relieved of jury duty or other such appearance in any manner permitted by law.
(1) After each six (6) years of completed service, an Employee at Rank VI or above shall be entitled to a sabbatical leave with pay. The purpose of sabbatical leave is to provide opportunities to enhance a faculty member’s contributions to teaching and learning, to their discipline or department, or to the College. A sabbatical leave may be taken for any or all of the following reasons:
Applications for such sabbatical leave, including a plan for the sabbatical, are to be made in writing by October 1 of the preceding academic year. The application for the sabbatical leave shall include:
(a) a statement of objectives and a description of the means by which the objectives are to be met;
(b) a statement of the relationship between the proposed sabbatical leave activities, the individual’s personal growth and development in his/her discipline and/or profession and the College’s mission; (c) a timetable for the sabbatical leave activities proposed; and
(d) if appropriate, a list of institutions, programs, and/or courses that will be attended during the sabbatical leave.
Applications must be delivered in person to the Human Resources Office during regular working hours or by certified mail (return receipt requested). The College will furnish the applicant with a receipt if the application is delivered in person and if delivered by certified mail, return receipt requested, the signed return receipt will be sufficient.
The College shall post the names of those approved for the sabbaticals by October 31.
The College may request a postponement of the leave for up to one (1) year if the absence would unreasonably interfere with a specific College program.
An affirmation in good faith of an intention to return to the College for at least two (2) years following such leave shall be included with the application for the leave. Before any leave is granted under this section, the faculty member shall agree in writing that, in the event s/he fails to return to service at the expiration of such leave and to serve at College for the two (2) year period, s/he shall refund all sums (including fringes) paid him/her or paid on his/her behalf by the Board during such sabbatical leave. The provisions of the foregoing sentence shall be waived in the case of an Employee who elects to retire at age 55 or thereafter, pursuant to a College sponsored retirement Plan (including its early retirement plan) during the period of the sabbatical leave or the subsequent two (2) year period provided above. In any event, upon expiration of a sabbatical, by consent of the Board, the requirement that the Employee on sabbatical leave shall return to the service of the College may also be waived.
At the conclusion of the sabbatical leave, the Employee shall submit a substantive written report of activities and accomplishments as they related to the objectives stated in the original sabbatical plan and how the sabbatical promoted the individual’s personal growth and development in his/her discipline and/or profession and the College’s mission. The substantive written report shall be submitted to the Human Resources Office and the appropriate Dean within the semester following the faculty member’s sabbatical leave. In addition, the Employee shall make a presentation on his/her activities and accomplishments during the sabbatical and their relationship to the College’s mission. Such presentation shall be made to the faculty member’s Department or to the College community before the end of the academic year following the faculty member’s return. Failure to submit the written report or provide the presentation as described above shall be a reasonable basis for the denial of requests for future sabbaticals for individual faculty members.
(2) (a) During such leave, an Employee will receive his/her regular base salary if the leave is for one (1) semester or one-half (1/2) of his/her regular base salary if the leave is for two (2) semesters. The College may limit the number of paid leaves of absence granted in any year to four (4%) percent of the “faculty” (all Ranks V through VIII personnel, including Department Heads).
(b) Notwithstanding the foregoing, tenured Employees who have received notice of layoff prior to the application deadline for sabbatical leave may apply for and shall be granted a sabbatical out of sequence for the purpose of retraining provided the President approves in advance the area of retraining and the course(s) of study therein. (The number of such sabbatical leaves that may be taken out of sequence is not to exceed four  per academic year). Any such individual who takes a sabbatical leave out of sequence as aforesaid shall be deemed to have applied for the next such leave to which s/he is entitled and shall “pay it back” by relinquishing the next sabbatical leave to which s/he would be entitled (the number the College shall be required to give that year shall be reduced by one (1) per affected individual) and his/her right to subsequent sabbatical leaves shall date from the year of “pay back.”
(c) During any sabbatical leave, the College shall contribute its usual share of the cost of hospitalization and medical insurance, life insurance, retirement, and other benefits for the period of a sabbatical leave.
(3) Applications for sabbatical leaves shall be given preference in the following order (“sabbatical seniority”): (1) Length of service at the College since most recent date of hire or most recent sabbatical leave (whichever is shorter); (2) rank, (3) years of service within rank, and (4) date of letter of appointment.
(4) For the sabbaticals of twelve (12) month Employees, six (6) months shall be considered the equivalent of a semester provided, however, that if such Employee is granted a six (6) month sabbatical leave, s/he must arrange it so that s/he will be working at the College all of one (1) full semester of the academic year and provided, further, that his/her contract vacation entitlement will be reduced by fifty (50%) percent.
(5) An applicant for sabbatical shall have the opportunity to withdraw his/ her application prior to the official publication of the sabbatical list. At the same time that the sabbatical grantees are notified of their awards, Board shall provide Federation with a list of all sabbatical applicants listed in order of greatest sabbatical seniority in accordance with subparagraph (3) above.
(6) An Employee may decline an approved sabbatical prior to February 15 without penalty. A sabbatical leave withdrawn on or after that date shall be considered as taken for the purpose of this Article, except in those instances in which circumstances beyond the control of the applicant preclude the fulfillment of his/her plans. In the event of a withdrawal prior to February 15 or of circumstances as aforesaid that preclude the fulfillment of plans, the applicant(s) with the next highest sabbatical seniority shall be offered the sabbatical leave and such individual(s) shall be given a period of twenty (20) calendar days from the date of written notification to accept or decline (which must be in writing; failure to accept will be considered a declination). In no event will the College be required to offer a sabbatical leave to anyone after May 31, and in the event an available sabbatical leave is not actually taken in any year, it shall be added to the pool of available sabbaticals in the following year. In the event an Employee does not take an awarded sabbatical because of circumstances as aforesaid that preclude the fulfillment of plans, but, nevertheless, is able and available to fulfill his/her regular duties at the College, the College shall, where possible and practical, permit him/ her to fulfill those duties provided this can be done on a full load basis. If it is not so possible and/or practical, the Board shall have the right, after consultation with the individual, to assign that individual to other professional College duties.
(7) The Board shall immediately notify Federation of any declination of a sabbatical and of any acceptance of a sabbatical on a substituted basis.
F. Professional Leaves and Absences
(1) Paid leaves of absence to attend professional meetings shall be granted to faculty members provided that such faculty members make arrangements for their classes and such arrangements are approved by the Department Head. For the purposes of this Section “F”, the term “professional meetings” shall include mini-courses.
(2) In the event that the faculty member is an officer in a national professional organization holding the meeting, or is a speaker on the program, Board shall pay all expenses, including transportation, registration, lodging, meals, tips and phone calls. Such payment shall be dispensed from the amount specified in paragraph (4) below.
(3) All Employees in the unit are eligible to attend one (1) professional meeting per year (including mini-courses) with reimbursement provided, however, that in no event shall the budgetary limitations in this area be exceeded and further provided that each said Employee agrees to be identified on his/her meeting badge and, if a participant, in the program of the professional meeting as being affiliated with Community College of Philadelphia. Those eligible Employees who attend professional meetings in accordance with the foregoing shall receive reimbursement for one (1) round trip fare by the most convenient and economical mode of transportation and for the registration fee. They also shall receive such other expenses as are determined by the Committee specified in paragraph (5) below.
(4) The budget allocation for the expenses specified in paragraphs (2) and (3) above shall be $105,000. Effective for the Academic Year 2019-2020, the College shall provide an additional $15,000 to be used for conferences where diversity and inclusion recruiting may be accomplished. This budget will be for the exclusive use of members of this bargaining unit and of Department Heads, and money not used in any academic year shall be added to the following year’s travel fund.
(5) This allocation shall be divided among the several divisions and the counseling staff on the basis of one (1) equal share per Employee member of those eligible to travel. Subject to the provisions of sub-section (3) above (that the budgetary limitations shall not be exceeded), each division shall then have a fraction of the total allocation proportional to the number of eligible Employees in that division provided, however, that no division shall receive, in the initial allocation, less than ten Employee shares or $1000, whichever is more. Each September, the Employees of each division shall elect a Travel Fund Committee comprised of Employees from each department of their division. The President shall appoint an ex officio member of each such committee whose function shall be to verify the expenditures made by each Employee and to sign all vouchers pertaining to reimbursement therefor. The committee for each division shall establish, subject to the approval of the Employees within their division, criteria for the disbursement of the division’s portion of the travel fund.
(6) Employees who seek reimbursement for travel during the academic year shall make application to the division Travel Fund Committee by November 1st. The Committee shall announce the schedule of disbursements for travel by November 15th, and so long as division funds last, no such reimbursement shall be for less than $150. By December 1st, money not assigned by November 15th shall be reassigned on the same proportional basis to divisions who have not had enough funds allotted to them to meet the requests for that year. Funds remaining at that point shall be pooled in a common, College-wide fund, the amount of which shall be published. Employees may apply to their committee for reimbursement from this fund on a “first come, first served” basis for attendance at professional meetings.
G. Leaves for Service to Federation or Professional Organizations
Any Employee who is elected or appointed to a full-time position with Federation, its affiliated organizations or any other national professional organization, will, upon written application submitted not less than thirty (30) days prior to the start of a semester, be granted a leave of absence without pay for the purpose of serving in such position. An Employee granted such leave of absence shall not have such time counted in computing eligibility for tenure.
Upon returning to the College after having completed such service as aforesaid, such Employee shall be placed on his/her former assignment, or as close thereto as possible, with all accrued benefits and increments that would have been earned had s/he been in regular service.
Employees on such leaves of absence shall, if possible, be permitted to continue their contributions for insurance and other benefits as well as those of the Board. Board shall make no contributions on their behalf.
H. Miscellaneous Unpaid Leaves of Absence
(1) Unless there is a reasonable basis for denial, the Vice President for Academic and Student Success shall, upon recommendation of the Dean and the Department Head, recommend an unpaid leave of absence for one (1) or two (2) semesters, which may be renewed for up to two (2) additional consecutive semesters if authorized by the Department Head, Dean, and the Vice President for Academic and Student Success. Only those Employees who have been employed for at least three (3) consecutive years shall be eligible for such leaves provided, however, that the Board may, at its discretion, grant such unpaid leaves of absence to an Employee who has been employed for less than three (3) consecutive years. In the event the Vice President for Academic and Student Success rejects a favorable recommendation of the Department Head and of the Dean, the Vice President for Academic and Student Success shall meet with the applicant to explain his/her reason for the rejection.
Such unpaid leaves may be granted for the following reasons:
(a) Participation in an exchange program at another College;
(b) Participation in a cultural or professional program related to the Employee’s professional responsibilities;
(c) Advanced study; or
(d) Family emergency.
The Board may extend such leave beyond the four (4) semester limit if it so desires.
(2) Any Employee who has been employed for at least three (3) consecutive years and who is elected or appointed to a full-time position as a public official or to a full-time position with a non-profit community organization, whether local, state or national, shall also be granted a leave of absence without pay for the purpose of serving in such a position for the term of such service. The Board may, at its discretion, grant such unpaid leave of absence to an Employee who has been employed for less than three (3) consecutive years.
(3) Upon return from any such unpaid leave of absence, an Employee shall be placed on his/her prior assignment, or as close thereto as possible, with all accrued benefits and increments to which s/he would have been entitled had s/he been in the regular service of College, but shall not accrue any credits for tenure.
I. Continued Contributions for Benefits
(1) Employees on any such unpaid leave shall, if possible, be permitted to continue their contributions for insurance and other benefits, as well as those of the Board. The Board shall make no contributions on their behalf.
(2) With respect to unpaid leaves, the benefits that the Employee will be permitted to continue, if possible, shall be:
(a) TIAA/CREF and/or other Retirement Contributions
(b) Personal Choice 15/20 Plan and/or the HMO option
(c) Drug Plan
(d) Dental Plan
(e) Life Insurance and Long Term Disability, only for up to twenty- four (24) months and only if the leave is for:
(i) Full-time study for an advanced degree;
(ii) Active work in the field of education; or
(iii) A formal research grant.
ARTICLE XIII: INSURANCE,RETIREMENT AND DISABILITY BENEFITS
A. Medical, Life, and Liability Insurance and Retirement
The following benefits shall be maintained for all members of the bargaining unit, except those Employees on unpaid leaves or on layoff status.
(1) Medical Surgical Coverage4
(a) Independence Blue Cross Personal Choice PC Flex PPO Plan with $10 Primary Care office visit, $40 specialist office visit. From September 1, 2016 through August 31, 2019, in network deductible shall be $300 for Employee, $600 for Employee plus spouse or Employee plus child, and $900 for family. Effective September 1, 2019, the Blue Cross Personal Choice PC Flex PPO Plan in network deductible shall be $500 for Employee; $1000 for Employee plus spouse or Employee plus child and $1500 for family. From September 1, 2016 through August 31, 2019, out of network deductible shall be $500 for Employee, $1000 for Employee plus spouse or Employee plus child and $1500 for family. Effective September 1, 2019, out-of-network deductible shall be $700 for Employee, $1400 for Employee plus spouse or Employee plus child and $2100 for family; “usual, customary, and reasonable fees;” and with lifetime maximum In-Network and Out-of-Network Unlimited.
Psychologists must be duly licensed in Pennsylvania or in the jurisdiction in which s/he practices and performs services, in accordance with the requirements of the carrier.
(i) Payment toward Cost of Personal Choice PPO Coverage
Employees shall make pre-tax contributions toward the cost of their coverage through bi-weekly payroll deductions as follows:
(aa) Plan Year September 1, 2019 – August 31, 2020:
a. Annual Base Salary Band 1 ($0 – $39,999) - $0
b. Annual Base Salary Band 2 ($40,000 – 59,999) - $192 contribution for Employee only, $288 contribution for Employee/Spouse or Employee/Child, $384 contribution for Family
c. Annual Base Salary Band 3 ($60,000 – 79,999) $269 contribution for Employee only, $404 contribution Employee/Spouse or Employee/Child, $538 contribution Family
d. Annual Base Salary Band 4 ($80,000 – $99,999) $377 contribution for Employee only, $566 contribution for Employee/Spouse or Employee/Child, $754 contribution for Family
e. Annual Base Salary Band 5 (over $100,000) $528 contribution for Employee only, $792 contribution for Employee/Spouse or Employee/Child, $1056 contribution for Family
(bb) Plan Year September 1, 2020-August 31, 2021 & Plan Year September 1, 2021-August 31,2022
a. Annual Base Salary Band 1 ($0 – $39,999) - $0
b. Annual Base Salary Band 2 ($40,000 – 59,999) - $312 contribution for Employee only, $468 contribution Employee/Spouse or Employee/Child, $624 contribution for Family
c. Annual Base Salary Band 3 ($60,000 – 79,999), $437 contribution for Employee only, $656 contribution Employee/Spouse or Employee/Child, $874 contribution for Family
d. Annual Base Salary Band 4 ($80,000 – $99,999) $612 contribution for Employee only, $918 contribution Employee/Spouse or Employee/Child, $1224 contribution for Family
e. Annual Base Salary Band 5 (over $100,000) $857 contribution for Employee only, $1286 contribution Employee/Spouse or Employee/Child, $1714 contribution Family
(b) The HMO option and the cost sharing in connection therewith that has heretofore been in effect shall continue for the term of this Agreement. The Independence Blue Cross Keystone option is offered with $10 Primary Care office visit, $25 specialist office visit. From September 1, 2016 through August 31, 2019, the deductible shall be $300 for Employee, $600 for Employee plus child or Employee plus spouse, and $900 for family. Effective September 1, 2019, the deductible shall be $500 for Employee, $1000 for Employee plus spouse or Employee plus child, $1500 for family “usual, customary, and reasonable fees,” and with lifetime maximum In Network and Out of Network, Unlimited.
(c) Speech Therapy: The Board shall provide coverage for speech therapy for each Employee.
(2) Prescription Drug Plan, including oral contraceptives, deductibles are as follows:
Effective date Generic Brand name formulary Brand name non-formulary Biotech
Sept. 1, 2016 –
August 31, 2019 $5 $25 $45 $75
Sept 1, 2019 + $0 $30 $50 $80
The Board shall continue to offer a mail order and/or generic drug program. Generic drugs shall be used unless no generic exists or a physician certifies that a non-generic must be used. Participants pay two times the applicable co pay for a three-month mail order supply. The Board may mandate mail order for maintenance drugs.
Effective Sept. 1, 2019, Prescription Drug Plan coverage is subject to a $50 annual deductible.
(3) Dependent Coverage: The Board shall continue to pay the full cost for dependent coverage, as applicable, on all Independence Blue Cross (except for contributions identified above in section (1)) and Drug Plans. Full-time students up to age 26 shall be included as “dependents” (in accordance with Federal law). For purposes of this Article XIII, the term “dependent” shall include spousal equivalents as that term is defined in Article IV.C, above.
(4) Dental Plan: The Board shall continue to provide, at its expense, the Delta Dental Plan and Delta Dental Premier, in accordance with the carrier’s Rules and regulations. The Board shall, in addition, continue to pay the cost of Family/ Dependent Dental.
Presently, the dental coverage supplied by Delta Dental includes:
For Delta Dental PPO Dentists, the maximum shall be $1700 per person per calendar year. For Delta Dental Premier Dentists and Non-Participating Dentists, the maximum shall be $1500 per person per calendar year. Orthodontics has a separate maximum of $1,000 lifetime per patient for all dentists. Eligible dependent children are covered to age 19 unless they are students in bona fide institution of higher education, in which case eligibility is extended to age 23. Disabled adult dependent children are eligible for dental care under the program regardless of age. Orthodontics is a benefit for dependent children to age 19.
(5) Medical Insurance for Retirees:
Subject to the specific provisions in Article XIII (A)(10) below, Employees shall be eligible for post-retirement healthcare benefits as set forth below in Groups 1-4:
Employees who retire from the College on or before December 31, 2020 who meet “the Rule of 77,” i.e., are at least sixty-two (62) years of age with at least ten (10) years of full-time service at the College where the Employee’s age plus years of full-time service with the College equal at least seventy- seven (77).
Eligible for all medical, dental, and prescription drug insurance coverage (including dependent coverage) that is available to regular full-time faculty through the end of the appointment year in which they attain age 65. Retirees may retain their PPO or HMO coverage with no contribution toward premium/premium equivalent through the end of the appointment year in which they attain age 65. Once the retired employee is 65/eligible for Medicare, the retired employee shall transition to Medicare and may elect which, if any, additional coverage provided by the College is desired for the retiree and his/her dependents, including supplemental medical insurance (Medigap), prescription and dental insurance coverage. The cost of additional insurance coverage selected by the retiree, beyond Medicare, is to be equally shared by the retiree and the Board. The cost of Medicare (Employee and Spouse), if any, shall be paid by the College provided that the Medicare cost paid by the College shall be the lesser of the Medicare Part B rate the retiree is actually charged or the published Medicare Part B rate in effect each year. (Note: In order to ensure that the Retiree has continuous medical coverage and does not incur any penalties, Retirees should carefully review the time periods to sign up for Medicare and ensure they sign up at a time that will allow them to maintain continuous medical coverage. If they do not sign up within their eligibility window around their 65 birthday, there may be a gap before they are eligible for Medicare again and they may otherwise receive penalties. Retirees are responsible for any penalties. If the Retiree signs up for Medicare before the end of the appointment year in which the Retiree attains age 65 in order to ensure continuous coverage and avoid penalties, the College shall pay the cost of additional coverage through the end of the appointment year in which the Retiree attains age 65.
Employees who as of January 1, 2021 have met the Rule of 77 but retire from full-time service with the College on or after January 1, 2021.
Eligible for the same benefits as Group 1.
Employees who: (1) on October 1, 2018 were employed as Full-Time Employee, but as of January 1, 2021, had not met the Rule of 77 and (2) thereafter meet the Rule of 77 on or before their retirement date.
Eligible for all medical, dental, and prescription drug insurance coverage (including dependent coverage) that is available to regular full-time faculty through age 65/eligibility for Medicare. Retirees may retain their PPO or HMO coverage with no contribution toward their premium/premium equivalent through age 65/eligibility for Medicare. Once the retired employee is 65/eligible for Medicare, the retired employee shall transition to Medicare and may elect which, if any, supplemental coverage provided by the College is desired for the retiree and his/her dependents including supplemental medical insurance, prescription and dental insurance coverage. The cost of additional insurance coverage selected by the retiree, beyond Medicare, is to be equally shared by the retiree and the Board. The College shall not contribute to the cost of Medicare Part B payments for Employee or Spouse.
Employees hired after October 1, 2018, who meet the Rule of 77 on or before their retirement date.
Eligible for the same benefits as Group 3, but only for a maximum of 5 years following their retirement from the College.
(6) Medical Insurance for Displaced Employees: The Board and the Federation agree that the Board shall pay one half the premium for six months of Employee-only Personal Choice Medical coverage (or equivalent) for each academic semester or six-month period that a laid-off Employee teaches or works as a part-time Employee at the College. The term “laid off Employee” shall include Employees on the recall list. For each Summer Session, the Board shall pay half the premium for three months of Personal Choice coverage (or equivalent) to such Employee.
(7) The Board shall make available medical and dependent care reimbursement flexible spending accounts for Employees employed for (1) year or more at the College. To the extent permitted by law, payments for long-term care may be made through flexible spending accounts.
(8) In the event of the death of an Employee who had enjoyed such coverage immediately prior to his/her death, dependent coverage on the benefits provided in sub-paragraphs 1, 2, 4 and 5 above shall be continued at the Board’s expense for a period of ninety (90) days following such death.
(9) Group Life Insurance: Each Employee shall continue to be covered for life insurance to the extent of two (2) times base salary or $40,000, whichever is greater, and such insurance shall be consistent with TIAA requirements and shall include double indemnity. The Employee shall be permitted, upon written request to Human Resources, to limit the extent of life insurance coverage to $50,000.
(10) Retirement Benefits:
(a) The Board shall continue to contribute an amount equal to ten (10%) percent of the Employee’s base salary to TIAA-CREF for all members of the bargaining unit provided that the Employee contributes an amount equal to at least five (5%) percent of his/her base salary. Subject to sub-paragraph (b), below, in the event an Employee elects not to so participate, the Board shall not be required to continue its contribution for that Employee.
(b) (i) Each Employee shall be eligible to participate in a Board-authorized retirement program from and after the effective date of his/her employment provided, however, that such Employee must so participate upon reaching age 30 or after two (2) years of employment (whichever is the later date) as a condition of employment. In the event an Employee selects a plan offered by the College other than TIAA/CREF, the Board shall make contributions to that plan in accordance with the plan’s requirements and such contributions shall be limited to the requirements for Board contributions under the plan. In any event, the Board shall notify the Employee of the requirements of this provision not later than the end of the semester preceding that in which his/her mandatory participation becomes effective, and the Federation shall be notified in the event an Employee does not comply with the requirements.
(ii) a. The Board shall permit cashability of all money contributed in an Employee’s name to any Board-authorized retirement program, regardless of whether this money was contributed by the Employee or the Board provided that the Employee is no longer employed by the College and has attained age 55. This provision shall be applicable only to Employees who have not totally annuitized prior to the effective date of the most recent Plan Amendment pertaining to cashability. Cashability shall in all respects be subject to the applicable rules of TIAA-CREF or other applicable Board-authorized retirement program.
b. Further, the Board shall offer the CREF transferability option in such manner as it and the Federation deem appropriate. This provision shall be applicable only to Employees who have not totally annuitized prior to the effective date of the Plan Amendment pertaining to transferability. In all respects transferability likewise shall be subject to the then applicable rules of TIAA-CREF and of the future institution to which the Employee may transfer.
c. In addition to the retirement plan described in (a) and (b) above, the College will cooperate in the arrangement of after-tax contributions by Employees (with no contribution from the College) to a Roth 403 (b) retirement plan.
d. In the event of the death of a retiree who has dependent medical coverage (Independence Blue Cross/Blue Shield/Major Medical/ /Drug and dental), such coverage will continue with respect to eligible dependent(s) for ninety (90) days following death.
e. Emeritus status: Employees who retire (including early retirement) will be granted emeritus status, which shall include the following perquisites upon request: College I.D. Card, library privileges, use of gym, mailbox, the right to maintain a College email address and Internet access, and the right to participate in commencement and academic processions. A retired Employee who wishes to teach part-time will be placed in a part time teachers’ seniority pool with four (4) units of seniority or the number of units, if any, earned by the Employee in the PT/VL bargaining unit, whichever is greater.
(11) Early Retirement:
(a) Retirement Incentive:
(i) Beginning September 1, 2014, any Employee sixty-three (63) years old or more who has completed at least twenty (20) years of full-time service (as full-time faculty member, visiting lecturer, or as classified, confidential, or administrative employee), including years on unpaid leave or on long term disability, and whose age and years of service add to at least eighty (80) shall, during the first three academic years (September 1 through August 31) s/he first becomes eligible, and at no other time, be permitted to apply for and receive a retirement incentive as described below.
(ii) All Employees shall be notified of their eligibility for the retirement incentive at the beginning of each academic year during which they are eligible. There shall be a three-year eligibility period during which Employees may elect this incentive. Academic year Employees may retire on 8/31 or 12/31; calendar year Employees may retire at any time, with three (3) months’ notice and the agreement of the supervisor. An eligible Employee wishing to receive the retirement incentive must apply for it on or prior to 11/15 of the academic year before which they plan to retire. To apply, an Employee must send a letter to the Department Head with a copy to the Human Resources Office giving notice of the intent to retire on a stated date in conformity with the requirements of this paragraph. The Employee shall be allowed to withdraw his/her application for the retirement incentive on or before the following 3/15; in this case, however, the Employee will not be permitted to apply again for the retirement incentive. If an eligible Employee applies for the retirement incentive and does not withdraw his/ her application, the Employee has thereby irrevocably agreed to retire effective the following September 1 or January 1 for academic year faculty provided, however, that the President may, at his/her discretion, permit the Employee to rescind this agreement because of changed circumstances.
(iii) The College may request a postponement of an Employee’s retirement under the terms of this Section XIII. A (11) (c) for up to one (1) year if the retirement would unreasonably interfere with a specific College program.
(iv) The Board shall not be required to grant the retirement incentive to more than twenty (20%) percent of those eligible provided, however, that the Board shall grant the retirement incentive to at least four (4) Employees if four (4) or more Employees request it. If more than twenty (20%) percent of those eligible apply for the retirement incentive, the decision as to which Employees receive the retirement incentive shall be made on the basis of full-time seniority based on service in the five categories listed in Article IX. A. (1), above.
(v) If more than twenty (20%) of those eligible apply for the retirement incentive, the Employees not selected on the basis of seniority to receive the incentive shall be considered most senior to receive the incentive in later year(s). Such Employees shall be allowed, at their discretion, to continue in the service of the College until they receive the retirement incentive or to retire. In the latter case, the retirement incentive remains payable when the Employees have sufficient seniority to be granted it.
(vi) The retirement incentive shall be as follows:
(vii) The retirement incentive shall be paid in one payment, payable within 75 days of retirement.
In addition to the medical benefits described in Article XIII, A.(5) and the tuition remission benefit described in Article XIV, A hereof and subject to the above, a retired Employee will continue to receive college paid life insurance in the amount in effect during the last year worked, plus any regular increase scheduled for the first year of the Employee’s retirement. Life insurance extends through the last day of the contract year in which the retired Employee turns 65. Retirement contributions shall be made on all retirement incentive option salary/severance payments provided for in (a) and (b) above at the contribution rate in effect during the last appointment year.
An Employee who desires to select an early retirement option must give notice by November 15 of the appointment year at the end of which the Employee intends to retire.
(12) Liability: Board shall maintain coverage to insure Employees against liability claims or suits in connection with their responsibilities to the College or at the College. Such insurance shall include coverage against libel and slander claims. All such liability coverage shall be in an amount no less than one million ($1,000,000) dollars per incident.
B. Disability and Personal Illness
(1) The Board shall continue the full salary of each Employee during a short disability or personal illness from the first day of the disability or illness for a period not to exceed twenty-six (26) weeks.
(2) (a) With respect to Employees who have been employed for a period of one (1) year or more, the Board shall pay the insurance premium on a long-term disability contract to cover periods of disability commencing twenty-six (26) weeks following completion of one (1) year of employment in accordance with the insurance carrier’s requirements. The total disability payments from the insurance coverage and Social Security (including family benefits) for each such Employee shall provide sixty (60%) percent of his/her base salary, in accordance with the provisions of the insurance carrier’s insurance policy including amendments existing as of the date of execution of this Agreement.
(b) The Board shall continue to provide the insurance carrier’s regularly offered “narrow” (dual) definition of disability and shall continue to provide the existing “pregnancy” rider or equivalent rider. While an Employee is on L.T.D., the Board shall continue to pay, as applicable, Personal Choice, Drugs and Dental (either the Board or the applicable insurance carrier, pursuant to the waiver of premium, pay life insurance, L.T.D. and Retirement). The time on L.T.D. is credited for forgivable loan purposes. Employees are to notify Social Security of their disabilities.
(c) The Board shall continue to pay, as applicable, Personal Choice, Drugs and Dental to all Employees whom the Board considers disabled, regardless of whether the insurance carrier or other policy provider or Social Security considers them disabled, for as long as such Employees are in the employ of the College. This time also shall be credited for forgivable loan purposes.
C. Explanatory Booklets
Each Employee shall receive an electronic link to website information delineating all fringe benefits provided for in this Agreement. The language of the website shall be discussed with the Federation before being finalized. The website/ shall be revised as necessary and distributed to each Employee no later than two (2) months following the date of execution of this Agreement.
D. Change of Carriers
The College reserves the right to change insurance carriers and/or to self-insure, for all or any of the above benefits at any time, and from time to time, in whole or in part, provided that the level of benefits remain at least substantially the same and provided, however, that any such change must first be submitted to and approved by the Federation.
ARTICLE XIV: TUITION REMISSION AND FORGIVABLE LOANS
A. Employees shall be entitled to full remission of tuition and general fees for academic work taken by themselves at the College. Spouses and children who satisfy the regularly applied admissions standards of the College shall also be entitled to full remission of tuition and general fees. The foregoing shall be equally applicable to retired Employees, their spouses, and children. In addition, all of the above (in this subparagraph “A”) shall continue for five (5) years following an active Employee’s death.
B. For Employees taking academic work at other institutions (including mini- courses with the approval of the President or his/her designee) the following shall apply:
(1) Part-Time Academic Study
(a) An Employee who, with prior notification to the Department Head, pursues academic study in an accredited institution on a part-time basis while working at the College may borrow from the Board annually a sum not to exceed fifty percent (50%) of the tuition paid to that institution during the course of the year, providing that a limit of $15,000 shall be imposed on such loan as a revolving account over a period of years.
(b) Such Employee who continues in the service of the College after benefiting from this loan program will not be charged interest, and the loan will be forgiven at the rate of fifty percent (50%) at the end of the year following that in which the loan was granted, and the remaining fifty percent (50%) at the end of the third year. The sum borrowed during any succeeding year will be similarly forgiven after the second and third following years.
(2) Full-Time Graduate Study
(a) An Employee who has been granted a full-time leave of absence to enroll as a graduate student in an accredited educational institution will, with prior notification to the Department Head, be eligible to borrow from the Board up to $10,000 per year to a limit of $30,000
(b) Such Employee, returning to the College after the leave for graduate studies, will not be required to pay interest, and the loan will be forgiven at the following rate: twenty-five percent (25%) at the end of the first academic year after the leave, and twenty-five percent (25%) at the end of each of the three following academic years.
(3) Special Provision for Layoffs
In the event an Employee is laid off, the Employee need not take a leave of absence and the amounts which s/he is eligible to borrow (if otherwise qualified in accordance with the provisions of this Agreement) pursuant to subparagraphs (1) and/or (2) above shall be increased by fifty percent (50%) for studies pursued during such period of lay-off.
(4) If the requirements of either (1) or (2), above are met, the recommendation of a loan shall be the responsibility of the Vice President for Academic and Student Success. Also in either case, the study to be undertaken (including mini- courses) shall be either in a subject area related to the Employee’s discipline or to his/her teaching assignment or prospective teaching assignment at the College.
(a) Repayment in Case of Separation from College
In the event that an Employee who has borrowed for part-time academic study or an Employee who has borrowed for full-time graduate study leaves the employ of the College voluntarily or is terminated for cause before complete forgiveness of his/her indebtedness, the unpaid balance shall be repaid by him/her, with interest from the date of separation at the rate of twelve percent (12%) per annum, provided that payments shall be scheduled so that principal and interest will be repaid within four (4) years from the date of separation.
(b) Anything herein to the contrary notwithstanding, there shall be no duty to repay loans during periods of long-term disability (recognizing that time on L.T.D. is credited for forgivable loan purposes) and/or layoff; but upon the Employee’s returning to work following lay-off, the regular schedule for forgiving loans shall recommence. If an Employee is offered recall but refuses, said Employee will be conclusively presumed to have left the employ of the College voluntarily and shall be obligated to repay any loan balance in accordance with the provisions of sub-paragraph (a), above. If an Employee is laid-off and is not recalled within the period during which s/he has “preferred recall” rights in accordance with the provisions of Section C(2)(e) of Article IX, such Employee shall be deemed not to have left the employ of the College voluntarily and therefore, in accordance with the provision of this Article XIV, shall be forgiven all indebtedness incurred pursuant to this Article XIV.
ARTICLE XV: ACADEMIC FREEDOM AND INTELLECTUAL PROPERTY RIGHTS
A. Academic Freedom.
It is recognized that in a world of rapid change and recurrent crises, a college best serves its community not as a stronghold of rigid tradition but as an open intellectual forum where varying shades of opinion may be freely expressed and fairly debated. Positive values evolve from a free exchange of ideas among broadly informed citizens, and the progressive evolution of American institutions may depend upon their quality of flexibility in meeting changing social and economic needs. The American democratic way of life is strong enough to stand on its own merits, and substantial enough to survive criticism or comparison with that of any other system.
Board subscribes to the following statement on Academic Freedom:
(1) Any Employee is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of his/her other employment duties.
(2) Any Employee is entitled to freedom of discussion in the classroom, provided the discussion is relevant to the course.
(3) The college or university Employee is a citizen, a member of a learned profession, and an officer of an educational institution. When an Employee speaks or writes as a citizen, or exercises his/her legal or constitutional rights, said Employee shall be free from institutional censorship or discipline. However, in his/ her extramural utterances s/he has an obligation not to permit the implication that s/he is an institutional spokesperson.
(4) There shall be no censorship of library collections.
Anything herein to the contrary notwithstanding, a violation of Academic Freedom may give rise to a grievance which may be pursued through all levels of Article XXII, Grievance Procedure.
B. Intellectual Property Rights
(1) Materials Developed on Own Time: Instructional materials developed by faculty members on their own time without use of College materials or facilities are the property of faculty members. No restrictions on their usage will be set by the College with the understanding that faculty members will profit on sales at the College only in cases where the instructional materials are departmentally approved.
(2) Materials Developed on an Extended or Released Time Basis, but not as a Part of Staff Member’s Regular Assignment: The faculty developer may copyright any materials which are developed as part of an Extended or Released Time project. If the material is marketed commercially or is under contract with a commercial publisher or manufacturer, it is understood: that the faculty developer shall reimburse Community College of Philadelphia for that portion of the compensation s/he has received for Extended Time or Released Time given to facilitate the production of the materials plus any other costs, e.g., staff and supply expenses incurred in their production; and that any faculty member, department or program connected with Community College of Philadelphia may, in perpetuity, make internal free use (or at publisher cost where internal copying is not feasible) of such materials in the instruction of students officially enrolled in the College.
In order to protect against the use of obsolete material, the Faculty developer shall have the right to review and/or update material of which the College has internal free use. The College shall agree to use the updated material.
Step 4 of grievances filed under this section (2) shall be processed as described in Article XXII with the following exception: a commercial arbitrator expert in copyright law and practice shall be chosen by the parties, in a manner consistent with the normal practice of the American Arbitration Association, unless the parties agree that a labor arbitrator is more appropriate.
(3) Materials Developed as a Primary or Sole Purpose of Employment: When the College’s employee is hired or assigned specifically to develop instructional or course materials, then the rights to such materials belong exclusively to the College, including the right to copyright and/or sell the materials for profit.
The College shall have the right to come to agreements with Employees concerning the rights belonging exclusively to it under the terms of this section (3). If any such agreements are proposed, the Federation shall have the right to review them before they are concluded.
The Federation shall file no grievance with respect to this section (3). Faculty members, however, shall have the right to file such grievances. Step 4 of grievances filed under this section (3) shall be processed as described in Article XXII with the following exception: a commercial arbitrator expert in copyright law and practice shall be chosen by the parties, in a manner consistent with the normal practice of the American Arbitration Association, unless the parties agree that a labor arbitrator is more appropriate.
ARTICLE XVI: WORKING CONDITIONS
A. (1) Within its capabilities, the Board will provide faculty office space for all full-time teaching Employees and will provide secretarial assistance, telephones, office equipment, machinery and reasonable technical training and support on College-provided technology to enable Employees to fulfill their professional assignments and duties. Each Employee shall be provided, within the Board’s capabilities but in any case before the expiration of this Agreement, with a separate telephone line and equipment set for use in his or her office. Faculty office space constructed or re-configured in the future shall consist of at least a completely enclosed space with a locking door. A Department may request that its offices not be so configured.
(2) No teacher shall teach a class in which each student is not provided with a seat and writing and/or working space. Each lecture classroom shall be equipped with a lectern or teacher’s table and a blackboard.
(3) Board shall provide mail and copy center services including daily delivery of copy center materials.
(4) The Board shall maintain a safe and healthful working environment, and the parties hereto shall cooperate in maintaining such an environment. To this end, the Board shall continue the existing Health and Safety Committee presently in existence. In this regard, please see Exhibit “F,” attached hereto and made a part hereof. The Federation’s proposal for an environmental study will be an agenda item of the Health and Safety Committee.
B. At least thirty (30) days prior to the beginning of the Fall and Spring semesters, the Department Head shall inform the faculty member in writing what courses s/he may be teaching in the respective terms. Each teacher shall be given the opportunity, before tentative schedules are prepared, to specify his/her preferences as to his/her teaching schedules for the next semester. Any changes in course assignments made in the event of any emergency shall be done by the Department Head in consultation and with the consent of the faculty member who shall be so consulted as early as possible. The consent specified above shall not be arbitrarily or capriciously withheld.
C. The teaching schedule of each teacher shall be available at least one week prior to the beginning of classes. The above does not refer to overload courses. In an emergency situation, any adjustment in this schedule shall be made only with the consent of the faculty member involved. The consent specified above shall not be arbitrarily or capriciously withheld.
D. Whenever possible and practicable, schedules of teachers shall allow time for educational and subject matter research.
E. A teacher holding appointments to more than one (1) subject or discipline shall be assigned to one (1) Department for administrative purposes, but also shall be expected to teach in those departments appropriate to the appointment. However, the majority of his/her teaching shall normally be in the department to which s/he is administratively assigned. A teacher not holding a joint or dual appointment shall not be required to teach in disciplines other than the disciplines to which s/he is appointed unless s/he, his/her Department Head and the receiving department agree to the assignment.
An Employee who is deemed qualified to work in a Department other than the Department to which s/he is assigned shall be scheduled in a secondary Department only after Employees who are assigned to that secondary Department have been scheduled. Such Employee shall have priority in scheduling for in-load courses over part-time faculty. The existing provisions on determining qualifications shall apply. The existing approvals required before an Employee may work in another Department, referenced in XVI. E, shall continue in force. The deadline for FT faculty to request these assignments will be the same as PT/ VL availability deadlines.
F. An Employee shall not be required as a condition of employment to work at more than one campus or College facility unless s/he agrees to do so, unless the nature of the program in which s/he is employed so requires, or unless the Employee otherwise would be under-loaded. An Employee who would otherwise be under-loaded, so that the provisions of either Article IX, F or this Article XVI, F could be applied, shall be granted the option of accepting a transfer, pursuant to Article IX, F, or of working on not more than two (2) campuses or College facilities, pursuant to this section.
Normally an Employee will be expected to teach on only one (1) campus or College facility on a single day. When, to avoid an underload, it is necessary for an Employee to teach at two (2) campuses or facilities or when it is necessary for an Employee to travel between campuses or facilities on official College business on a single day, classes and arrangements will be scheduled so as to permit reasonable travel time. The travel shall be by the mode of transportation that is most efficient and appropriate under the circumstances, consistent with time, cost and convenience. Reimbursement shall be in accordance with the Board’s published policies.
G. The Dean shall meet with a Committee elected annually by the department. Together, they will consider the candidate or candidates for the Department Head position and will agree upon one name to recommend to the Vice President for Academic and Student Success for approval as Department Head.
The Vice President for Academic and Student Success will appoint a Department Head for a period of two (2) years and will not capriciously or arbitrarily withhold approval of the person whose name has been submitted jointly by the Dean and the Department Committee. A Department Head may be recalled at any time during his/her two (2) year term upon the vote of two-thirds of the Employees in the Department, in which case the normal appointing procedures shall begin anew. Nothing herein shall preclude the re-election of an incumbent Department Head for subsequent two (2) year term(s). The Board may remove a Department Head from his/her position as Department Head during his/her term for consistent non-compliance with his/her obligations as Department Head.
The method of election to the Department Committee shall be at the discretion of the individual department. The choice of a candidate for the position of Department Head will reflect an analysis of the department’s professional, academic and administrative needs for the ensuing year. In the event that the Vice President for Academic and Student Success should refuse to approve the jointly agreed upon candidate, the selection process will begin again. Department Heads shall be appointed by the end of the Spring semester, the appointments to take effect July 1st.
H. Curriculum Coordinators and Program Supervisors
(1) Curriculum Coordinators
(a) The following are current curricula with appointed Coordinators:
Either the College or the Federation may convene a meeting of the appropriate Department Head and a Federation representative to make a recommendation to the Vice President for Academic and Student Success for the addition of new curricula to the list of curricula which have Curriculum Coordinators. When the Vice President for Academic and Student Success designates an addition to the list, the Coordinator shall be entitled to the compensation described below. In such cases in which a Department Head takes on the role of a Coordinator of a curriculum added to the list by the Vice President for Academic and Student Success, the compensation shall be in addition to any emoluments to which the Department Head is entitled.
The College shall not be required to designate a Curriculum Coordinator where a program has been designated a department, has been eliminated, or the nature of the duties performed by the Curriculum Coordinator have become substantially reduced.
Every year, appointments to the position of Curriculum Coordinator shall be confirmed in writing.
The list of Curriculum Coordinators’ roles and responsibilities agreed to by the Committee convened in accordance with paragraph 27 of the Letter of Agreement appended to this agreement will be rewritten in a format similar to that of the 1971 document, “Department Head Duties and Responsibilities.” Curriculum Coordinators will have a minimum released time equal to twenty- five percent (25%) of their normal teaching load for both Fall and Spring semesters.
Curriculum Coordinators will have a minimum of one and a half (1.5) hours of extended time each Summer term. Curriculum Coordinators shall receive a minimum of an additional one (1) hour of extended time in each Summer term in which courses designed by program faculty and specifically for a curriculum are offered.
Additional released time and/or extended time in the Fall and Spring and/or additional extended time in either Summer term may be granted as the magnitude of Curriculum Coordinator responsibilities warrant. Such circumstances may include, but will not be limited to, any of the following: recruitment, interviewing, selection and testing of students, duties relating to planning for and/or management of facilities and/or specialized equipment, curriculum or course development, significant program expansion, external program requirements, preparation of an academic audit or self study/application (or reapplication) for approval/accreditation, preparation for and coordination of a site visit or institutional research. Such additional released and/or extended time shall be recommended by Department Heads and Division Deans and approved by the Vice President for Academic and Student Success. Normally, such requests will be submitted to the Dean by December I for the following academic year. In any event, a Curriculum Coordinator’s released time for coordination of the curriculum will not exceed fifty percent (50%) of the normal teaching load in any given semester. Extended time may be substituted for released time when circumstances warrant and the Curriculum Coordinator consents. A Curriculum Coordinator whose request for additional released and/or extended time is denied may appeal such decision to the Vice President for Academic and Student Success whose decision will be final.
(b) Effective for the Academic Year 2019-2020, the College will provide 15 more credit hours of released time per semester allocated by Vice President for Academic and Student Success in addition to existing released time for Curriculum Coordinators in Section H (1)(a), with the responsibilities of the curriculum coordinator assigned by the Dean of the Division. These additional released time sections will count in the full-time faculty ratio.
(2) Program Supervisors Either the College or the Federation may convene a joint committee to define the Program Supervisor Position, including the role, duties, title and responsibilities of that position. The joint committee will issue its report no later than May 31, 2014. Until such Joint Committee issues its report, the following curricula shall have a Program Supervisor on an interim basis: Applied Studies, Architecture and Interior Design, Business, Computer Forensics, Computer Science, Engineering Science, Fire Science, Geographic Information Systems (GIS), International Studies, Leadership Studies, Liberal Arts – Honors Option, Liberal Arts – Humanities Option, Mathematics, Gender Studies and Youth Work. While serving in such interim capacity, the Program Supervisor (who is not a department head) shall receive a minimum of one credit of extended time for each Fall and Spring semester.
I. The language of the forms used to carry out the provisions of this Agreement shall be subject to review by Federation so that the language of such forms shall conform to this Agreement.
J. (1) Teachers within a department shall be responsible for course objectives, course design, additions, deletions and other changes within courses and shall approve such prior to transmission by the Department Head to the Vice President for Academic and Student Success by way of the Dean.
(2) In cases where jurisdiction over course responsibility is questioned, the several department faculties concerned shall, through their Department Heads, arrange a joint meeting with the respective Deans concerned. If at that meeting there is a failure to resolve the differences, the matter shall be referred to the Vice President for Academic and Student Success for his/her assignment of the course to the appropriate department.
(3) Suggestions for new courses or for changes to curricula may originate from any source. Recommendations for additions or deletions of courses and for changes within curricula shall first be made by the Teachers and Department Heads within the concerned departments and shall be subject to the approval of the appropriate Deans and of the Vice President for Academic and Student Success.
(4) Criteria for additions or deletions of courses and for changes within particular curricula shall be jointly established by appropriate departments and appropriate Deans subject to the approval of the Vice President for Academic and Student Success.
(5) Teachers within each department shall be responsible for examining and reviewing each course and curriculum within its jurisdiction not less than once every two (2) years. Such review and examination shall be made with a view toward improving and updating courses and curricula and avoiding proliferation.
(6) The choice of instructional materials, course syllabi, and instructional techniques shall be made by the instructor(s) teaching a course. In the case of multi-section courses, those teachers involved shall meet periodically and review all instructional matters that would lead to the accomplishment of common course and curriculum objectives.
(7) In no case shall a teacher abrogate the approved course objectives.
(8) The above provisions, except for Section (2) thereof, shall, with respect to their areas, apply, as applicable, to Employees not in departments.
K. Courses shall not be cancelled without prior consultation with the Department Head or, if s/he is not available, with the Dean.
L. (1) Following three (3) consecutive absences covered by collegial cooperation, it shall be the responsibility of the Department Head to arrange with the Dean for coverage of ensuing absences. If faculty members are utilized to cover the ensuing absences, overload rates shall be paid. A faculty member may not be required to substitute provided, however, that faculty members in the same discipline who are underloaded may be required to substitute to the extent of a full load and without overload pay.
(2) A faculty member must obtain Department Head approval for any planned absence and such approval shall not be arbitrarily or capriciously withheld.
M. The Board shall reimburse a faculty member for all expenses incurred on authorized field trips conducted for his/her classes.
N. Employees who serve on the Institution-Wide Committee or any of the Standing Committees shall, where practicable, have their schedules arranged so as to allow them to attend the meetings of such Committee(s).
O. Removal of Disruptive Students
With the approval of the Vice President for Academic and Student Success, an Employee may require any disruptive student in his/her class to withdraw from that class permanently provided, however, that this provision shall be subject in all respects to the rights of each such student to appeal in accordance with procedures established by the Board or by law. In the event of an emergency, it is understood that an Employee will cope with that emergency in such reasonable manner as s/ he deems appropriate.
ARTICLE XVII: ADDITIONAL CAMPUSES
A. Anything herein to the contrary notwithstanding, the Board maintains the sole and exclusive right and responsibility for establishing all aspects of any additional campuses; provided, however, that this authority shall be exercised in the following manner:
(1) In the event a new facility or a program, policy, or procedure concerned with that facility is under active consideration by the administration but before a decision with respect thereto is made by the Board, the President shall convene an ad-hoc committee composed of an equal number of Administrators appointed by the President and of Employees appointed by Federation to meet first with the President and his/her representatives, and then if necessary with members of the Board to assist in the planning of the educational programs, policies and procedures, including preliminary planning as to design and modification of physical facilities, relative to educational functions.
After the final decision as to the nature of the programs, policies, and/or procedures to be established at the new facility has been made by the Board, the ad-hoc committee shall, if necessary, be augmented by each constituency making such additional appointments thereto as are necessary to assure membership thereon of individuals who have knowledge and/or expertise of such programs, policies, and/or procedures, and, as well, of any other unique aspect or function contemplated at the new facility.
Anything herein to the contrary notwithstanding, decisions involving the procurement of physical facilities shall involve the Federation to the extent possible.
(2) Preliminary and final decisions as to any ratio between new Employees and Employees who may wish to transfer to any new facility shall be made by the Board following prior discussion with the Federation.
B. Should either party feel that a local supplement is desirable for any additional campuses, negotiations for such supplement shall begin no later than twenty (20) calendar days after the request is made in writing. Pending the conclusion of such negotiations the terms of this Agreement shall be fully binding at such additional campuses. When ratified by both parties, any such local supplement shall be considered an appendix hereto and a part hereof.
ARTICLE XVIII: SPECIAL PROGRAMS
A. Developmental Education
(1) The Board and the Federation acknowledge a mandate to provide inter-departmental developmental education services and will cooperate in the continuation and improvement of such services. Within the program now operative, the coordinator, teachers teaching and counselors in the program selected from their respective departments shall collectively recommend and/or consider proposals for additions or deletions of courses, supportive services and criteria for admissions to the program; and they shall provide the recommendations to the Vice President for Academic and Student Success.
(2) A teacher who teaches one (1) or more courses in a Developmental Program shall be evaluated by his/her Department Head in accordance with established departmental and college-wide evaluation criteria. However, the Department Head shall specifically take note of and comment on an additional written evaluation of the teacher’s performance in developmental courses submitted by the coordinator of the Developmental Program.
The additional written evaluations shall be made in accordance with criteria and methods drawn up by the coordinator and teachers of the Developmental Program. The teacher shall be given a copy of the written evaluation by the Department Head and shall be given the opportunity to reply to it in writing.
B. Curriculum Advisement
Recognizing the critical value and importance of an adequate curriculum advisement procedure in a community college, the Board and Federation agree to:
(1) Maintain the present selective advisement approach as experimental in status;
(2) Participate in a continuing study of methodological options to the present curriculum advisement procedure, implementing experimentally where feasible those options mutually agreed upon as professionally valid;
(3) (a) Board shall appoint a qualified individual to direct curriculum advising as his/her major responsibility;
(b) Those selected by the individual directing curriculum advising from among the faculty who have volunteered with the knowledge and consent of their Department Heads and Deans shall be appointed as Curriculum Advisors. No faculty member may be required to serve as a Curriculum Advisor, but any faculty member may request curriculum advising as a one (1) course equivalent. Six (6) hours per week of advising shall be scheduled in cooperation with the Coordinator of Advising. This means that the number of hours of advising to be scheduled per week shall not exceed six (6) unless there is mutual agreement by the advisor and the Coordinator of Advising.
(c) Curriculum Advisors shall have assigned to them only those clerical and record keeping responsibilities absolutely essential to fulfilling the advisement task itself. Such assigned responsibilities shall not include participation in the clerical mechanics of registration or pre-registration; provided, however, that advisors may be required to participate in non-teaching activities expected of all other teachers, but advising duties shall have priority.
(4) Until changed by mutual agreement, the Joint Curriculum Advising Committee Report dated December, 1998 shall govern the Curriculum Advising Process (see Exhibit “D”).
C. Institutional Research
The Board shall maintain an institutional research office.
ARTICLE XIX: PERSONNEL RECORDS
A. Individual personnel files shall be confidential but an Employee shall have the right to insert in his/her file reasonable supplemental material and written responses to any items in his/her file. S/he may review his/her own personnel file during regular office hours and upon reasonable notice. Evaluative material or any material derogatory toward his/her professional conduct, service, character, or personality shall not be placed in the personnel file without being shown to the individual involved. An Employee shall be furnished with copies of any and all material included within his/her file upon written request, except for the confidential recommendations from persons named by the Employee in his/her application for employment. Material irrelevant to the professional progress of an Employee shall not be included within personnel files; nor shall any material classified as professional or evaluative in nature be permitted in personnel files without the author’s identity.
B. Except as otherwise required by law or agreed between the parties, all information relating to any Employee covered by this Agreement shall be kept in one (1) official personnel file.
C. Except as otherwise specifically provided in this Agreement, under no circumstances shall information in the personnel file, addresses, or telephone numbers of Employees be given out without the express written permission of the Employee; provided, however, that the Department Heads, Senior Administrators of the College and members of the Board shall be entitled to such information.
ARTICLE XX: CHANGES IN INSTITUTIONAL STRUCTURE
Subject to the provisions of Article XXI, Institutional Participation, reorganization that affects Employees shall be made in the following manner:
Any plans of the administration for reorganization will be considered by the Standing Committees, the divisions and the departments involved.
In the event there is disagreement in any of these bodies with the final form of said plans, the reasons for disagreement shall be presented by a representative of that body to the appropriate Committee of the Board before the final decision is made by the Board.
ARTICLE XXI: INSTITUTIONAL PARTICIPATION
A. To utilize effectively the talents and expertise of all components of the College, there shall be an appropriate committee structure through which recommendations on policies and procedures will be channeled to the President and the Board.
B. For the term of this Agreement, Standing Committees other than the Technology Coordinating Committee (TCC) shall be composed of an equal number of administrators, Employees, and students; the TCC shall be composed of an equal number of administrators and Employees. In all cases, the Employee representatives on Standing Committees shall be designated by the Federation. Standing Committees shall be: Business Affairs Committee, Academic Affairs Committee, Student Affairs Committee and Technology Coordinating Committee. Any changes in the above shall be by mutual agreement.
C. Each Standing Committee will, among other things, consider and evaluate policies and procedures, make recommendations with respect to suggested changes to the Institution-wide Committee and submit periodic written reports on matters appropriate to the charge of that Committee to the Institution-wide Committee.
D. The recommendations or reports of any Standing Committee shall be submitted in writing to an Institution-wide Committee for deliberation and recommendation for action. In such an Institution-wide Committee, the faculty shall have equal numbers and equal vote with any of the participatory groups. The Federation must participate in the formation and agree to the structure and function of such Committee.
Written recommendations of the Institution-wide Committee shall be acted upon with dispatch by the President. If the President does not follow the recommendation, such recommendation shall be presented in writing to the Board and argued for before the appropriate Committee of the Board by the Institution- wide Committee’s representative(s). Any Standing Committee which initiated a recommendation or report shall be advised promptly of the action of the Institution-wide Committee. The Institution-wide Committee shall be advised promptly of the action taken by the President and/or by the Board on its reports and recommendations. If recommendations are not followed, the reasons shall be stated in writing.
Anything herein to the contrary notwithstanding, any recommendation which the Institution-wide Committee shall make to the President shall be accompanied by the recommendation which the Standing Committee made to the Institution- wide Committee.
ARTICLE XXII: GRIEVANCE PROCEDURE
A grievance is an allegation or complaint that there has been a breach, violation, misinterpretation, misapplication, inequitable or otherwise improper application of, or a deviation from, the terms of this Agreement or of any policy, practice, or procedure which relates to wages, hours, or working conditions. Also, subject to the provisions of Article XXVI, Totality of Agreement, a complaint involving any Employee’s work circumstances shall constitute a grievance. The foregoing provisions pertaining to an Employee’s work circumstances shall be appealable from Step 3 of this grievance procedure only to an appropriate Committee of the Board of Trustees whose resolution of the complaint shall be final and immediately implemented.
The Grievant and the grievant’s supervisor shall make every effort to resolve a grievance informally; provided, however, that no grievance may be processed unless done so within ten (10) working days of the occurrence giving rise to the grievance or within ten (10) working days of the date on which the grievant learned, or should have learned, of such occurrence, whichever is later.
If the grievance is not suitably resolved in Step 1, the grievant may, in five (5) working days after the impasse, submit a written grievance to the Dean which shall include a statement of the grievance, a brief statement of the facts giving rise to the grievance and the remedy requested. The Dean shall, within ten (10) working days of receipt of the written grievance, which time shall include the time required for a hearing duly convened after having given a minimum of three (3) working days’ notice, file a written response setting forth the action to be taken thereon. In any event, the Dean shall have five (5) working days from the hearing date to respond.
If the grievance is not suitably resolved in Step 2, the grievant may, in five (5) working days after the receipt of the written decision from the Dean submit a written appeal to either the President or a party designated by the President to hear and decide such matters. Such individual shall have ten (10) working days, following receipt of such written appeal, which time shall include the time required for a hearing duly convened after having given a minimum of three (3) working days’ notice, to file a written response thereto. In any event, the President or his/ her designee shall have five (5) working days from the hearing date to respond.
Step 4 Binding Arbitration
If the grievance is not suitably resolved at Step 3, above, only the parties hereto may, within ten (10) working days of the written response at Step 3, submit the matter to the American Arbitration Association (“AAA”) for binding arbitration. AAA shall be requested to submit a list or lists of arbitrators to the parties for their selection of an impartial arbitrator; and if no mutually acceptable selection is made by the parties after the elimination of the second list, AAA shall appoint the arbitrator in accordance with its rules then obtaining.
The decision of the arbitrator shall be final and binding upon the parties, but the arbitrator shall have no authority to add to, subtract from or modify this Agreement.
The arbitrator’s fees and those of AAA shall be shared equally by Federation and Board, but each shall bear its own costs of presenting its case to the arbitrator.
Anything herein to the contrary notwithstanding, the filing of a grievance or the appeal from any Step of this grievance procedure shall be taken within the time limits specified; and in the event such is not done, the administration’s decision at the prior Step shall be final and binding on the parties and shall not be subject to further appeal of any kind. The aforesaid shall not apply if the time limits are extended by mutual agreement.
The Federation shall be informed of every grievance hearing beyond the first Step and in accordance with Act 195, the Federation shall have the right to have its representatives present at any Step of the grievance procedure following the first Step; and at the first Step as well if the grievant so requests. The grievant may be represented by the Federation at any Step of the grievance procedure following the first Step; and at the first Step as well if the grievant so requests.
Anything herein to the contrary notwithstanding, a grievance shall be lodged at its point of origin and the general procedures relating to that Step shall apply, including the right of appeal. Federation may initiate or appeal a grievance at any Step of this procedure.
Failure to communicate a decision at any Step of this grievance procedure, within the specified time limits, shall permit it to be advanced to the next Step of the procedure, unless a longer period is established by mutual consent. If the grievance filed pertains to an individual, only the individual and representatives of Federation, together with the representatives of the Board, may be present at any Step. If the grievance is a class grievance, Federation’s representatives, the Board’s representatives and not more than two (2) representatives of the group affected may be present at any particular Step of the grievance procedure. The parties shall, however, have the right to call witnesses and to offer testimony at a hearing held pursuant to this grievance procedure.
Any settlement, withdrawal, or disposition of a grievance at any Step below Step 4 shall not constitute a binding precedent for the settlement of similar grievances in the future.
Whenever a grievance is reduced to writing a copy of the grievance will be sent to Human Resources.
Failure to renew a contract of an Employee who does not have tenure shall not be subject to the arbitration provisions of this grievance procedure except for violations of Articles IV, V.B.(4) (renumbered as VI. C), and VIII.B., above, and except as provided in Article VI.B. (Renewals) and in Article XV (Academic Freedom) of this Agreement.
ARTICLE XXIII: DISCIPLINE
An employee in Ranks V-VIII shall not be disciplined without just cause. Appeals pertaining to discipline of an employee in ranks V-VIII shall be through the grievance procedure provided for in Article XXII up to and including arbitration. This paragraph shall not modify or supersede the provisions contained in Article VII pertaining to termination of a tenured employee, which provisions shall remain in full force and effect. Nor shall this paragraph modify or supersede the provisions contained in Article VI pertaining to non-renewal of a non-tenured employee, which provisions shall remain in full force and effect.
ARTICLE XXIV: EDUCATIONAL TECHNOLOGY AND DISTANCE LEARNING
A. While the College does not intend to routinely review the contents of files on the interactive computer system, the College will engage in routine maintenance and monitoring of the system. Accordingly, system users should have no expectation of privacy in the contents of any file that they may maintain on the College’s system, including but not limited to personal email messages.
Routine maintenance and monitoring of the system may lead to the discovery that a particular user has violated or is violating the College’s Acceptable Use Policy, or applicable law. The College will cooperate fully with local, state, and federal officials in any investigation concerning or relating to any illegal activities conducted through the College system.
An individual search will be conducted if there is reasonable suspicion that a user has violated the law or the College’s Acceptable Use Policy. The nature of the investigation will be reasonable and in the context of the nature of the alleged violation. College employees should be aware that their personal files (including personal email messages) may be discoverable in court or agency proceedings and possibly elsewhere.
B. No Faculty member shall be required to teach using computer-assisted teaching and/or learning or other innovative delivery techniques, including distance learning, unless the use of such instruction and/or techniques is among the objectives of the course being taught or part of the course design as approved by the Department. Refusal to teach using such instruction and/or techniques shall not itself be a cause for negative evaluation except in cases where such instruction and/or technique is among the objectives of the course being taught or part of the course design as approved by the Department.
C. No Employee will be displaced because of distance learning or other educational technology.
D. For the first time a Faculty member, exercising his/her rights under Article XVI.J, incorporates computer-assisted teaching and/or learning into a course, the Faculty member shall not be required to be evaluated on his/her performance in that course without his/her written permission. Evaluation of a Faculty member’s performance in such courses shall follow the same procedures and practices applying to traditional courses.
E. No distance education sections shall be instructed or conducted unless the College instructor of record is a member of one of the two faculty bargaining units of the Federation.
ARTICLE XXV: AGREEMENT AGAINST STRIKES AND LOCK-OUTS
During the term of this Agreement or any extension thereof, Federation shall not, either directly or indirectly, countenance, support, suggest or participate in any strike, work-stoppage or slow-down of any sort; nor shall there be any lock-out on the part of the Board.
ARTICLE XXVI: TOTALITY OF AGREEMENT
Except as otherwise specifically provided within this Agreement, the parties hereto agree that all items presented for or subject to negotiation have been discussed during the negotiations leading to this Agreement and, therefore, agree that for the term of this Agreement or any extension thereof, negotiations will not be requested on any item, whether contained herein or not.
ARTICLE XXVII: SEPARABILITY
In the event that any provision of this Agreement is or shall at any time be held to be contrary to law by a court of last resort of Pennsylvania or of the United States or by a court of competent jurisdiction from whose judgment or decree no appeal has been taken within the time provided for doing so, that provision shall be null and void, but all other provisions of this Agreement shall continue in effect. In such event, within ten (10) calendar days after the voiding of the provision, the parties shall meet and negotiate a substitute provision.
ARTICLE XXVIII: HEADINGS
Any headings preceding the text of the several Articles hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
ARTICLE XXIX: TERM OF AGREEMENT
This Agreement shall remain in full force and effect from September 1, 2016 to and including August 31, 2022 and shall automatically renew itself from year to year thereafter unless, not later than November 30, 2021, either party shall serve written notice on the other of its desire to terminate, modify or amend this Agreement. Upon service of such notice, negotiations shall begin no later than January 4, 2022, so as to permit the parties to conform to the requirements of Article VIII of Act 195.
EXHIBIT A: RANK AND MINIMUM QUALIFICATIONS
Rank Minimum Qualifications
Instructional Aide A Competency in subject field. Associate degree preferred. Twelve (12) month position. Non teaching.
Instructional Aide B Competency in subject field. Associate degree preferred. Academic year position.
The duties of Instructional Aides are in the area of instructional support, such as equipment inventory and control; departmental record keeping; instructional assistance to professional employees in laboratories, classrooms or clinical settings; and practical demonstrations of classroom theory.
Rank V. Instructor
A. Master’s degree in subject area, or
B. Bachelor’s degree plus 2 years’ experience in technical field, or
C. Bachelor’s degree and 30 graduate credits, or
D. Professional certification by a recognized or accredited college, university, professional association, or institution licensed to issue such certification plus 5 years’ experience in the specialized field; provided, however, that no further promotion, automatic or otherwise, shall be granted until the minimum qualifications for such higher rank are attained. When the baccalaureate degree has been attained, all years in Rank V shall be credited for all purposes.
Rank VI. Assistant Professor
A. Doctoral Degree, or
B. Master’s degree in subject field, plus 3 years teaching experience, or
C. Bachelor’s degree plus 2 years’ experience in technical field, plus 3 years teaching experience, or
D. Bachelor’s degree and 30 graduate credits plus 3 years teaching experience, or
E. Bachelor’s degree plus 6 years’ experience in technical field plus 1 year teaching experience.
Rank VII. Associate
A. Master’s degree in subject field, plus 5 years teaching experience, or
B. Bachelor’s degree plus 2 years’ experience in technical field, plus 5 years teaching experience, or
C. Bachelor’s degree plus 30 graduate credits, plus 5 years teaching experience, or
D. Bachelor’s degree plus 8 years’ experience in technical field, plus 3 years teaching experience.
(Holders of a Doctoral Degree may achieve this rank with less than 5 years teaching experience.)
Rank VIII. Professor
A. 60 semester hours approved graduate work beyond Baccalaureate Degree to include a Master’s degree in subject field, plus 10 years teaching experience, or
B. Master’s degree plus 2 years’ experience in technical field, plus 30 units approved graduate work, plus 10 years teaching experience, or
C. Master’s degree plus 8 years’ experience in technical field, plus 8 years teaching experience, or
D. Doctoral degree plus 8 years teaching experience.
1. One year of college teaching experience equals one (1) year of teaching experience.
2. Elementary and secondary school experience shall be equated as follows:
2 for 1 teaching experience in subject matter before Master degree.
1 for 1 for teaching experience after the Master degree.
3. Two (2) years related technical experience equals one (1) year of teaching experience.
4. Appointment to a full professorship requires a minimum of two (2) years’ experience at the College.
5. Two (2) years of teaching as a graduate assistant may be equal to one (1) equated year.
6. Doctorate equals three (3) years’ teaching experience; the all-but- dissertation or its equivalent, the Specialist in Education and the MFA equal two (2) years teaching experience.
7. Each year of professional experience for Counselors and Librarians equals one year of teaching experience.
8. For all purposes of this Agreement, the following shall be equated to an earned Master’s Degree: Registered Architect or registrations the requirements for which are equivalent thereto; provided, however, that this does not include C.P.A., R.N., C.L.U. or equivalent titles.
9. When an Employee has had three (3) contract renewals as an Instructor, based on the evaluation system in accordance with this Agreement, s/he then will be appointed Assistant Professor with his/her fourth contract.
10. The Librarians and Counselors shall be ranked utilizing the criteria in Exhibit “A” by their respective Directors in cooperation with each individual Employee to ensure proper evaluation of experience.
EXHIBIT B: COLLEGE CALENDAR 2016-2022
COLLEGE CALENDAR 2016-2022
College Calendar 2016-2022 (Google Spreadsheet)
See College Online Calendars for dates celebrated each year.
Academic Year Work Days
Final Exam days
Commencement - Spring Semester
Total Work days each academic year – 159
EXHIBIT C: SALARIES
1. Rank V-VIII.
A. Employees Hired Prior to Ratification
For employees hired prior to the ratification of this Agreement, the salary budget will increase by
Fall 2016 - 0.00%
Fall 2017 - 0.00%
Fall 2018 - 5.0%
Fall 2019 - 3.0%
Fall 2020 - 3.0 %
Fall 2021 - 3.5%
Step and Salary
Salary Schedules for the different workloads for 2018-2019, 2019-2020, 2020-2021, and 2021-2022 are included at the end of this Exhibit “C” Salary Schedules for 2016-2017 and 2017-2018 are the same as the Spring 2016 Salary Schedule.5
In addition, each Employee hired prior to the ratification of this Agreement shall advance one step on the Salary Schedule in Fall 2018, Fall 2019, Fall 2020, and in Fall 2021 and no steps in the other years of this agreement, except that an Employee on step 17 shall remain on step 17.
In each academic year, each Employee on full load will receive the salary that is specified in the Salary Schedule for Ranks V-VIII for that year, except that in no case shall an Employee’s full-load salary increase be less than $750 for each of the following years: Fall 2018, 2019, 2020, and 2021.
The remaining Employees on half load will receive half of the full load salary.
There is an increase of $1000 in salary for the achievement of ABD status and $1000 for achievement of a doctorate.
There is an increase of $1200 for each promotion above Rank V, a $4000 one-time bonus for promotion to Rank VII, and a $6000 one-time bonus for promotion to Rank VIII.
5 The College and the Federation agreed to adjust the percentage increases to the salary budget slightly each year to fit the agreed-upon salary schedules. The salary budget increased as follows to allow the salary schedules to meet other agreed-upon parameters: Fall 2018 - 4.03%; Fall 2019 - 3.67%; Fall 2020 - 3.5%; and Fall 2021 - 3.42%.
As reflected in the Salary Schedules, Employees who elect the 27 credit/33 contract hour workload shall receive a salary that is $4,665 higher than those employees who selected a 24 credit/30 contact hour workload in academic year 2019-2020, $4,829 higher in academic year 2020-2021, and $4994 higher in academic year 2021-2022.
Employees who elect a 30 credit/36 contact hour workload shall receive a salary that is $9331 higher than those who selected a 24 credit/30 contact hour workload in academic year 2019-2020, $9658 higher in 2020-2021, and $9988 in 2021-2022.
B. Employees Hired after Ratification
Each Employee hired after the ratification of this Agreement will have a salary based on experience (step), rank and degree as follows:
Employees will be hired at the rank as determined by College policy as delineated in the Gilmore memo dated February 15, 1996.
Initial Step and Salary
To determine an Employee’s step first their experience is evaluated. Experience in the FT unit is credited 1:1 (years: steps). Experience as a Visiting Lecturer at CCP is credited 1:1.
Other full-time experience at CCP outside of the FT bargaining unit will be evaluated, and may be credited 2:1 (that is, two years of such experience counts as one year for purposes of step placement) except that Employees who leave the Bargaining Unit to serve as CCP administrators shall be given one year of credit for each year of such service when they return to the Bargaining Unit.
Other experience, not at CCP, is to be counted as in “Exhibit A, Equivalencies” of this Agreement. There is a maximum of five equated years of experience outside of CCP credited for purposes of step placement.
For the purpose of step determination, experience prior to 9/1/2001 is conflated 3:1 (years: steps) and experience after 9/1/2001 is credited 1:1. In addition, a number of credited steps will be subtracted depending on the year for which an Employee is hired as follows, to be calculated on line 6 and line 19 on the Step Placement worksheet included below as part of this Exhibit “C:”
Salary Schedule for Rank V-VIII
2. Ranks A and B.
Salary Schedule for Ranks A & B
Salary Schedules from 2018-2022, Rank A and B (pdf)
Salary Schedules for 2022-2024, Rank A and B (pdf)
3. Additions to base salary for credits and degrees:
4. Overload, Winter and Summer Session Teaching
5. Bi-weekly Pay
6. Full-time hourly Learning Lab, Counselor and Librarians’ rates
7. Full-time Rank B hourly rates
8. Procedure to challenge initial step placement, rank and degree and salary for all newly-hired Full-time Faculty
EXHIBIT D: JOINT CURRICULUM ADVISING COMMITTEE REPORT
EXHIBIT - “D” – To the extent the Joint Curriculum Advising Committee Report conflicts with Article VIII HOURS OF WORK E. Part II – ADVISORS, Article VIII, E, Part II shall control.
EXHIBIT E: GUIDELINES FOR FACULTY PARTICIPATION IN THE LIFE OF THE COLLEGE
The Community College of Philadelphia is an institution of higher education that recognizes its mission to serve all of the citizens in the community. To serve this community takes the efforts of all of the staff of the college in a way that goes far beyond performing the basic requirements of each individual’s job.
For faculty members, especially, participation in the life of the College is an essential ingredient in assuring that the college achieves and maintains the highest standards of educational excellence while at the same time encouraging and providing access to higher education for all who can benefit from our programs.
The Board, the Administration and the Faculty & Staff Federation see the central focus for educational excellence coming from the academic community developed between the students and the professional staff of the college. Being a member of that academic community requires that the individual faculty member participate fully in the life of the institution. In the spirit of defining the need for participation, this joint document characterizes such participation as follows:
A. We expect each faculty member to meet his or her obligations under the Collective Bargaining Agreement which includes full participation in the assessment of student learning and student learning outcomes at the course, program, and institution levels.
B. Unless otherwise required, we encourage each faculty member to:
1. Develop and maintain courses of quality in his or her field of expertise, develop and maintain up to date course objectives and course requirements, and make them explicit to students.
2. Keep up to date in his or her discipline and in issues related to teaching.
3. Strive for excellence in teaching and expect excellence in his or her students
4. Participate in the department and college-wide activities related to self-improvement evaluation.
5. Cooperate with his or her colleagues by covering classes for them when necessary and be available to guest lecture in other classes when his or her expertise is desired.
6. Commit time to working with students outside of class, use his or her office hours to assist students, and encourage students to consult with him or her during office hours.
7. Contribute to the development of his or her department, discipline, and the College by being involved with committee work and other activities that will help the College.
8. Contribute to the advancement of community college teaching through research, publications, and presentations at professional meetings.
9. Conduct his or her non-teaching administrative activities in a timely and effective manner.
10. Become involved in the academic life of the College by participating in and attending curricular activities beyond the scope of the classroom and by encouraging students to do the same.
In view of the fact that the activities outlined above require that a faculty member make a substantial commitment of time, each Department Head is encouraged to meet with each faculty member in a timely manner and discuss the faculty member’s plans for the forthcoming semester before assigning schedules. Such schedules should reflect the needs of the college as well as the professional needs of the faculty member.
Both the Board and the Federation agree that college faculty gain by being engaged in professional activities outside the College. Recognizing that the faculty member’s primary commitment is to the College, outside activities should not interfere with the faculty member’s full time commitment to the College.
EXHIBIT F: HEALTH AND SAFETY COMMITTEE FUNCTIONS
EXHIBIT G: WORKFORCE DEVELOPMENT SIDE AGREEMENT
1. The College has the right to hire the most qualified individual for courses provided through the Division of Workforce and Economic Innovation (both credit and non-credit) offered to clients where enrollment is limited to the client’s own employees. The Faculty and Staff Federation will be promptly notified when this happens. Credit course instructors must be approved by the appropriate Department Head of the relevant Academic Division. Employees who earn seniority through these programs can only use that seniority for assignment in workforce development. On July 15th, the College will create a list of all non-credit courses taught under contract with an outside client during the previous year. Such list will include the title of the course, the instructor, the name of the outside client and consist of the courses taught in the following term: Summer 2 of the previous academic year, Fall, Spring and Summer 1 of the current academic year.
2. For open enrollment non–credit courses in Workforce and Economic Innovation Division:
a. Every year in August and April, the Workforce and Economic Innovation Division will seek applications from among College faculty for teaching positions. Announcement of such available offerings and the qualifications for teaching such offerings will be made via email to all Full-time and Part-time/Visiting Lecturer Faculty. The Faculty & Staff Federation shall be copied on this email. Faculty members who wish to be considered for these positions must reply to the announcement within five (5) working days of the email.
b. The College administration shall establish a list of qualified CCP faculty based on the written set of qualifications. The list shall indicate the standard non-credit courses for which the instructor is qualified.
c. When offerings become available, the College shall send an email message to the pre-approved faculty in Section 2. B. informing them of the availability of courses. Faculty shall have 48 hours to respond to this email and inform the Workforce and Economic Innovation Division of their availability.
d. The Division of Workforce and Economic Innovation shall assign the non-credit course to the qualified and available faculty on the pre-approved list who timely responded to the opportunity in the following order: full-time faculty in FT seniority order and then PT/VL faculty in pool seniority order in accordance with the PT/VL agreement provided, however, that the College may use up to 15% seniority exceptions for these assignments. The 15% seniority exceptions shall be based on the total number of non-credit courses provided through the Workforce and Economic Innovation Division in the prior fiscal year. The College shall notify the Federation if it needs additional seniority exceptions and provide them with an opportunity to respond within two working days. Reasonable requests by the College for such additional exceptions to seniority shall not be unreasonably withheld.
e. If no one on the pre-approved list responds within two business days, the College may hire the most qualified individual or subcontract the work to a third party. The Federation will be notified of any decision to subcontract the non-credit WEI offering under this provision.
3. Notwithstanding anything in Sections 1 or 2, nothing provided in this Article shall prevent the College from engaging in partnership opportunities for the provision of non-credit courses or programs with other entities involving the use of the College’s facilities, enrollment management services, bursar and payment services, marketing and/or other services of the College.