Bargaining Unit 12 Reassignment Request Form
Click here to see Contract Appendices A through H (including Memoranda of Understanding)
* Click here to read the April 2016 Salary Settlement (Contains new language in Articles 31 and 41)
This Memorandum of Understanding is entered into pursuant to provisions of the Higher Education Employer-Employee Relations Act (HEERA) by and between the Trustees of The California State University, hereinafter referred to as the “CSU” or “Employer,” and the California Faculty Association, hereinafter referred to as the “CFA,” or the “exclusive representative.”
It is the purpose of this Agreement to set forth the wages, hours of employment, and other terms and conditions of the employment for members of the bargaining unit. The parties recognize the importance of Section 3561(b) of HEERA, which states:
“The Legislature recognizes that joint decision-making and consultation between administration and faculty or academic employees is the long-accepted manner of governing institutions of higher learning and is essential to the performance of the educational missions of such institutions, and declares that it is the purpose of this act to both preserve and encourage that process . . .”
It is the purpose of these parties in entering this Agreement to promote high standards of education in the CSU. The CSU shall support the pursuit of excellence and academic freedom in teaching, research, and learning through the free exchange of ideas among the faculty, students, and staff.
The parties recognize that quality education requires an atmosphere of academic freedom and academic responsibility. The parties acknowledge and encourage the continuation of academic freedom while recognizing that the concept of academic freedom is accompanied by a corresponding concept of responsibility to the University and its students.
The CSU and CFA recognize the unique roles and responsibilities of the Academic Senate(s).
1.1 The Trustees of The California State University (CSU) recognize the California Faculty Association (CFA) as the sole and exclusive representative of bargaining unit (Unit 3), which includes employees in classifications as determined by PERB except as modified by this Agreement.
1.2 The parties recognize that employees in the classifications listed in Appendix B of this Agreement and all other management, supervisory, and confidential employees as defined in HEERA are excluded from the bargaining unit.
1.3 The parties agree that employees appointed for sixty (60) days or less in classifications described in Appendix A of this Agreement that indicate “Casual Employment Employee” are excluded from the bargaining unit and are not covered by the terms of this Agreement except as provided for in provision 1.5.
1.4 The parties agree that all Head Coaches in classifications 2373, 2374 or 2375, who supervise two or more full-time faculty unit employees, shall be excluded from the bargaining unit.
1.5 The parties agree that all department chairs and department heads shall be included in the bargaining unit.
1.6 The CSU shall notify CFA sixty (60) days prior to the effective date of (a) new classifications related to bargaining unit classifications or (b) revised bargaining unit classifications or ( c ) any classification change which would result in an incumbent Unit 3 employee being reclassified to a different bargaining unit.
a. Prior to the effective date of a new classification, CFA may request a meeting with the CSU to discuss whether the new classification is appropriate for the bargaining unit. Such a meeting shall be held. The parties may mutually agree in writing to modify the unit to include the new classification. If the parties disagree as to the inclusion of a new classification in the bargaining unit, either party may seek a unit modification petition pursuant to the procedures established by PERB.
b. Prior to the effective date of a revised classification or inclusion of a new classification in the bargaining unit, CFA may request to meet and confer regarding the impact of the revised classification or a new classification on bargaining unit members.
c. In the event that the CSU fails to provide notice or fulfill its obligations as required herein, it shall be required to suspend implementation of any pending Unit 3 classification and any Unit 3 modification related thereto until such time as the contractual steps are completed.
1.7 The CSU shall notify CFA of the implementation of any new or revised classifications in other CSU bargaining units that will result in the re-classification of any members of bargaining Unit 3.
2.1 Administrator – The term “administrator” as used in this Agreement refers to an employee serving in a position designated as management or supervisory in accordance with HEERA.
2.2 Agreement – The term “Agreement” as used in this Agreement means Articles 1 – 41 and the appendices.
2.3 Bargaining Unit – The term “bargaining unit” as used in this Agreement refers to the bargaining unit defined in Article 1, Recognition, and the appendices.
2.4 Calendar Year – The term “calendar year” as used in this Agreement refers to the period of time from January 1 through December 31.
2.5 Campus – The term “campus” as used in this Agreement refers to one University or college and all its facilities that is a member institution of The California State University. The term “campus” shall also refer to the Office of the Chancellor, when appropriate.
2.6 Casual Employment Employee – The term “casual employment employee” as used in this Agreement refers to a bargaining unit member whose classification as found in Appendix A indicates casual employment employee.
2.7 CFA – The term “CFA” as used in this Agreement refers to the California Faculty Association or the exclusive representative or the Union.
2.8 CFA Representative – The term “CFA representative” as used in this Agreement refers to a faculty unit employee or CFA systemwide officers and staff who have been officially designated in writing as CFA representatives.
2.9 Chancellor – The term “Chancellor” as used in this Agreement refers to the chief executive officer of the CSU or his/her designee. The Office of the Chancellor is located at 401 Golden Shore, Long Beach, California 90802.
2.10 CSU – The term “CSU” as used in this Agreement refers collectively to the Trustees, the Office of the Chancellor, and the universities and colleges. The term “CSU” shall also mean the “Employer.”
2.11 Day – The term “day” as used in this Agreement refers to a calendar day. The time in which an act provided by this Agreement is to be done is computed by excluding the first day and including the last day, unless the last day is a holiday or other day on which the Employer is not regularly open for business, and then it is also excluded.
2.12 Department – The term “department” as used in this Agreement means the faculty unit employees within an academic department or other equivalent administrative unit.
2.13 Faculty Unit Employee – The term “faculty unit employee” or “employee” as used in this Agreement refers to a bargaining unit member who is a full-time faculty unit employee, part-time faculty unit employee, probationary faculty unit employee, tenured faculty unit employee, temporary faculty unit employee, coaching faculty unit employee, counselor faculty unit employee, faculty employee, or library faculty unit employee.
a. Full-Time Faculty Unit Employee – The term “full-time faculty unit employee” as used in this Agreement refers to a bargaining unit employee who is serving in a full-time appointment.
b. Part-Time Faculty Unit Employee – The term “part-time faculty unit employee” as used in this Agreement refers to a bargaining unit employee who is serving in a less than full-time appointment or at a less than full-time time base.
c. Probationary Faculty Unit Employee – The term “probationary faculty unit employee” as used in this Agreement refers to a full-time bargaining unit employee who has received a probationary appointment and is serving a period of probation.
d. Tenured Faculty Unit Employee – The term “tenured faculty unit employee” as used in this Agreement refers to a bargaining unit employee who has been awarded tenure.
e. Temporary Faculty Unit Employee – The term “temporary faculty unit employee” as used in this Agreement refers to a bargaining unit employee who is serving in a temporary appointment for a specified period of time.
f. Coaching Faculty Unit Employee – The term “coaching faculty unit employee” or “coach” as used in this Agreement refers to a bargaining unit employee in the following classifications: 2373, 2374, and 2375, except as modified in provision 1.4; and 2376, 2377, 2378, 2379, 2380, 2381, 2382, 2383 and 2384.
g. Counselor Faculty Unit Employee – The term “counselor faculty unit employee” refers to a bargaining unit employee in the following classifications: 2338, 2436, 2437, 3070, 3071, 3072, 3073, 3074 and 3075.
h. Faculty Employee – The term “faculty employee” as used in this Agreement refers to a bargaining unit employee in the following classifications: 0350, 0351, 0352, 0353, 0354, 0355, 0356, 0357, 0358, 0359, 0360, 0361, 0362, 0363, 0364, 0365, 0391, 0392, 0393, 0551, 0552, 0554, 0556, 0557, 0558, 0560, 0562, 0564, 1195, 2158, 2160, 2282, 2308, 2310, 2320, 2321, 2322, 2323, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2364, 2365, 2367, 2368, 2369, 2387, 2388, 2390, 2391, 2393, 2394, 2395, 2399, 2402, 2457, 2462, 2463, 2464, 2466, 2481, 2482 and 7894.
i. Librarian Faculty Unit Employee – The term “librarian faculty unit employee” or “librarian” as used in this Agreement refers to a bargaining unit employee in the following classifications: 2913, 2914, 2919, 2920, 2926 and 2927.
j. Extension-For Credit Faculty Unit Employee – The term “Extension-For Credit Faculty Unit Employee” as used in this Agreement refers to a bargaining unit employee in the following classifications: 2322 and 2323 as those classifications are defined in Article 40.
k. Lecturer Employee – The term “ʺlecturer employee”ʺ as used in this Agreement refers to a bargaining unit employee serving in a temporary appointment for a specified period of time in the following classifications: 0357, 0360, 0361, 0364, 0365, 0393, 0557, 0560, 0564, 2158, 2308, 2358, 2359, 2369, and 2458.
2.14 Fiscal Year – The term “fiscal year” as used in this Agreement refers to the period of time from July 1 through June 30.
2.15 HEERA – The term “HEERA” as used in this Agreement refers to the Higher Education Employer–Employee Relations Act, enacted in 1978 as Senate Bill 1091 (Berman), Chapter 744, Laws of 1978, Government Code Section 3560, et seq.
2.16 Parties – The term “parties” as used in this Agreement refers to the CSU and the California Faculty Association.
2.17 Personnel Action File – The term “Personnel Action File” as used in this Agreement refers to the one official personnel file containing employment information and information that may be relevant to personnel recommendations or personnel actions regarding a faculty unit employee. The term “Working Personnel Action File” as used in this Agreement refers to that portion of the Personnel Action File used during the time of periodic evaluation or performance review of a faculty unit employee.
2.18 President – The term “President” as used in this Agreement refers to the chief executive officer of a University or college or his/her designee. The term “President” shall also refer to the Chancellor or his/her designee, when appropriate.
2.19 Trustees – The term “Trustees” as used in this Agreement refers to the Board of Trustees of the CSU.
Effect of Agreement
3.1 This Agreement constitutes the entire Agreement of the Trustees and the CFA, arrived at as a result of meeting and conferring. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in an expressed written amendment to the Agreement. This Agreement supersedes all previous agreements, understandings, policies, and prior practices directly related to matters included within this Agreement. In the absence of any specific provisions in this Agreement, all CSU practices and procedures are at the discretion of the Employer. The Employer shall provide notification to CFA at least thirty (30) days prior to the implementation of systemwide changes affecting the working conditions of faculty unit employees. Upon request of CFA, the CSU shall meet and confer with CFA on the demonstrable impact of such changes.
3.2 The parties acknowledge that, during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Except as provided elsewhere in this Agreement, the CSU and the CFA, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge of the parties at the time that they negotiated or signed this Agreement.
4.1 If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction or governmental administrative agency having authority over its provisions, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect.
4.2 No later than sixty (60) days after a written request by either party to meet and confer, negotiations regarding a substitute provision(s) for the invalidated provision(s) shall commence.
5.1 The CSU retains and reserves to itself, whether exercised or not, all powers, rights, authorities, duties, and responsibilities that have not been specifically abridged, delegated, or modified by this Agreement.
6.1 Upon request of CFA, the CSU shall provide at no cost adequate facilities not otherwise required for campus business for meetings of the CFA. The CFA shall be afforded access to the existing campus telephone system at no cost to the CSU, contingent upon the ability of the system to accommodate such usage. The costs of installation and operation shall be borne by the CFA. The CFA shall also be afforded access to the CSUnet for systemwide and internet telecommunications access, at no cost to the CSU, contingent upon the ability of the system to accommodate such usage. The costs of installation and operation shall be borne by the CFA, at the CSUnet subscription rates.
6.2 The CFA shall bear the cost of all campus supplies incident to any CFA meeting or CFA business conducted on campus.
6.3 Intra-campus mail service, including electronic mail services, shall be available to CFA at no cost for official CFA communications. CFA shall package and label hard copy materials for convenient handling according to the normal specifications of the campus, which shall be communicated upon request from CFA. The identifier (CFA) shall appear on all materials sent through the campus mail service, including electronic mail, by CFA. Faculty unit employee mailboxes, if any, may be utilized by CFA for purposes of CFA communication to faculty unit employees.
6.4 CFA shall have the use of an adequate number of designated bulletin boards for the posting of CFA material. Such bulletin boards shall be visible, accessible to faculty unit employees, and in areas frequented by faculty unit employees.
6.5 A copy of CFA material posted on bulletin boards and CFA material intended for general distribution to faculty unit employees through the campus mail services, including email, shall be provided simultaneously to the appropriate administrator. CFA should exercise responsibility for the content of such material.
6.6 CFA shall not interfere with campus programs, operations, or the work of faculty unit employees.
6.7 The CFA Chapter President shall officially represent CFA on each campus. The name of the CFA Chapter President and alternate shall be provided to the President.
6.8 The appropriate administrator shall, as a courtesy, be notified of the presence of a representative of CFA on official business who is not a campus employee either upon his/her arrival at the campus or by telephone in advance of arrival. The names of representatives of CFA who are non-CSU employees and the names of systemwide CFA officers shall be provided to the appropriate administrator.
6.9 Upon the request of CFA, the campus Personnel Office shall provide CFA at no cost a monthly list of all faculty unit employees newly appointed for at least ninety (90) days. Such a list shall contain the name and the department or equivalent unit of such a faculty unit employee.
6.10 The term “no cost” as used in this Article shall be exclusive of actual overtime costs or extraordinary clean-up costs incurred by the CSU in complying with the provisions of this Article. Such costs shall be borne by CFA. When the facility request is submitted and CFA inquires, the CSU shall inform the CFA whether or not costs shall be charged.
6.11 Upon the request of CFA, employee lists including those generated by PIMS and other public information shall be provided to CFA as soon as reasonably practicable. A faculty unit employee’s home address shall be released to CFA except when that employee officially has informed the CSU that s/he wishes the home address withheld. The cost of all employee lists or public information provided to the CFA shall be borne by CFA except as provided elsewhere in the Agreement. Reimbursement by CFA shall be made no later than sixty (60) days after receipt of the CSU request for reimbursement.
All union leave, and reimbursements for such leave, shall be governed by the provisions set out below:
6.12 Upon the request of CFA, the CSU shall grant in a timely manner union leave without loss of compensation. Such leaves shall be granted up to the equivalent of sixteen (16) full-time positions per year.
a. Such leave may be partial or full-time and shall not exceed one (1) year. An employee on such leave shall continue to earn all campus service credit and retirement credit. Vacation time, holiday time, and sick leave shall not accrue during such leave. A faculty unit employee on such leave shall have the right to return to his/her former position upon expiration of the leave. Such leave shall not constitute a break in the faculty unit employee’s continuous service for the purpose of salary adjustments, sick leave, vacation, or seniority.
b. The CSU shall be reimbursed by CFA for all compensation paid to the faculty unit employee on account of such leave and for any incidental costs, including the cost of benefits in an amount equal to the cost of CSU contributions for PERS retirement and an additional ten (10) percent of salary. Reimbursement of salary by CFA shall be at the minimum salary rate for the rank of Full Professor, or at the actual salary rate, whichever is lower. Reimbursement by CFA shall be made no later than sixty (60) days after receipt of the CSU request for reimbursement.
c. Whenever possible, the foregoing shall be implemented only if the CFA notifies the CSU of the names of faculty unit members requesting leave thirty (30) days before the start of each academic term during which the leave will occur. The CFA agrees to meet with the CSU to discuss concerns regarding how release time under this provision impacts departmental instructional requirements.
a. The following WTU pools shall be provided for the purpose of granting leave, without loss of compensation, for CFA representatives. There shall be a pool of six (6) WTUs on a semester campus, or eight (8) WTUs on a quarter campus, per academic term, for distribution among campus CFA chapter representatives. In addition, there shall be a statewide pool not to exceed twenty-four (24) WTUs per semester, or the quarter equivalent on quarter campuses, for distribution among CFA statewide representatives.
b. Whenever possible, the foregoing shall be implemented only if the CFA notifies the CSU of the names of faculty unit members requesting leave thirty (30) days before the start of each academic term during which the leave will occur. The CFA agrees to meet with the CSU to discuss concerns regarding how release time under this provision impacts departmental instructional requirements.
6.14 The CFA may request unpaid leaves of absence for a specified period of time for CFA-designated faculty unit employees.
6.15 The CSU and the CFA shall endeavor to post on their websites an official version of this Agreement.
6.16 A faculty unit employee shall not suffer reprisals for participation in CFA activities.
Release Time for Negotiations
6.17 The CSU agrees that members of the CFA negotiating team may request and shall be granted a leave during the academic term in which negotiations take place. The leave will be calculated on the basis of fifteen (15) Weighted Teaching Units representing a full load. For those members of the bargaining team whose normal assignments involve classroom teaching, the requested leave shall be in increments which will facilitate course reassignment.
6.18 [Left blank by design]
6.19 The CSU shall be reimbursed by CFA for all the compensation paid to the employee in respect of such leave. Reimbursement of salary by CFA shall be at the minimum salary rate for the rank of Full Professor, or at the actual salary rate, whichever is lower.
6.20 For those members of the bargaining team whose normal assignments involve classroom teaching, the requested leave shall be in increments which will facilitate course reassignment.
6.21 The work assignments of members of the negotiating team shall be rescheduled so that involved individuals shall have Thursdays and Fridays free of work assignments during the academic term in which negotiations occur to facilitate attendance at bargaining sessions.
6.22 Whenever possible, the foregoing shall be implemented only if the CFA notifies the CSU of the names of members of the bargaining team thirty (30) days before the start of each academic term during which bargaining will occur.
6.23 The CFA shall be provided appropriate office space on each campus, which shall, upon their request, be shared with other bargaining representatives. Rental charges for the duration of this Agreement shall be one dollar per year for each office provided.
7.1 Faculty unit employees shall be free to join or not to join CFA.
7.2 It is the intent of this Article to provide payroll deduction for CFA members to be deducted from their pay warrants insofar as permitted by law. The CSU agrees to deduct and transmit to CFA all authorized deductions from CFA members within the bargaining unit who have signed and approved authorization cards for such deduction on file with CFA.
7.3 The amount of dues deducted from CFA member’s pay warrants shall be set by CFA and changed by the CSU upon written request of CFA.
7.4 CFA agrees to indemnify, defend, and hold the CSU harmless against any claim made of any nature and against any suit instituted against the CSU arising from its payroll deductions for CFA dues and deductions.
8.1 Upon request of the CFA there may be convened a meeting with the President and a CFA representative. Such meetings may occur monthly at the request of either party, or more often by mutual agreement. The purpose of the meeting shall be to discuss topics of mutual interest to the University community. CFA shall submit an agenda of matters it seeks to discuss at the time of its request. This provision shall not be interpreted to preclude the participation of CFA and Chancellor’s Office staff at such meetings.
8.2 Each campus shall establish a joint labor/management committee, which shall be composed of three (3) representatives employed at the campus from each party. This committee shall meet at least once during each academic term, at times and dates mutually agreeable to the parties. The committee’s agenda shall be limited to discussing matters related to the interpretation and application at the campus of the provisions of the Agreement between the parties. The parties shall notify each other of the issues that they desire to discuss at least five (5) days prior to the scheduled meeting date.
9.1 During the life of this Agreement, faculty unit employees shall not engage in strikes or other concerted activity that would interfere with or adversely affect the operations or the mission of the CSU.
9.2 The CFA shall not promote, organize, or support any strike or other concerted activity.
9.3 The CFA shall endeavor to prevent faculty unit employees from participating in a concerted activity which would interfere with or adversely affect the operations or the mission of the CSU.
9.4 During the life of this Agreement, the CSU shall not lock out faculty unit employees.
10.1 The purpose of this Article is to provide a prompt and effective procedure for the resolution of disputes. The procedures hereinafter set forth shall, except for matters of discipline as set forth in Article 19 herein, be the sole and exclusive method for the resolution of disputes arising out of issues covered by this Agreement and those matters subject to grievance under Section 89542.5 of the Education Code. It is the express understanding of the parties that these procedures meet or exceed the requirements of the Education Code pursuant to Government Code Section 3572.5 (3)(b)(1).
10.2 As used herein:
a. The term “grievance” when filed by the CFA shall mean an allegation that the CFA, an employee, or a group of employees, have been directly wronged by a claimed violation, misapplication, or misinterpretation of a specific term or provision of this Agreement. The CFA may only file a grievance under the contractual grievance process pursuant to provision 10.22.
b. The term “grievance” when filed by an employee, or group of employees, under either the statutory grievance process pursuant to provision 10.11, or the contractual grievance process pursuant to provision 10.22, shall mean an allegation that the employee was directly wronged in connection with the rights accruing to his or her job classification, benefits, working conditions, appointment, reappointment, tenure, promotion, reassignment, or the like, including but not limited to rights arising under this Agreement. A grievance does not include matters such as salary structure, which requires legislative action, and Equity Increases as defined in Article 31, which provide for their own binding appeals processes.
c. The term “grievant” or “grievants” shall mean:
1. For statutory grievances: any faculty unit employee(s) who has/have been employed for more than one semester or quarter who allege(s) s/he/they has/have been directly wronged in connection with the rights accruing to his or her job classification, benefits, working conditions, appointment, reappointment, tenure, promotion, reassignment, or the like, including but not limited to rights arising under this Agreement, either individually or as a group.
2. For contract grievances filed by an employee(s): any faculty unit employee(s) who allege(s) s/he/they has/have been directly wronged in connection with the rights accruing to his or her job classification, benefits, working conditions, appointment, reappointment, tenure, promotion, reassignment, or the like, including but not limited to rights arising under this Agreement, either individually or as a group.
3. The term “grievant” shall also mean the CFA when alleging a grievance on behalf of itself, or on behalf of a unit member or a group of unit members in accordance with provision 10.2(a). The CFA shall not grieve on behalf of unit members who do not wish to pursue individual grievances.
d. The term “employee” in this Article shall mean a member of the bargaining unit.
e. The term “appropriate administrator” as used in this Article shall mean the individual who has been designated by the President to act pursuant to the procedures set forth in this Article.
f. The terms “respond” and “file” as used in this Article shall mean either personal delivery or delivery through the U.S. mail, certified mail, return receipt requested. If personal delivery is used, the grievant or appropriate administrator shall provide a written receipt to the person delivering the document. If certified mail is used, the return receipt shall establish the date of delivery. The terms “respond” and “file” as used in regard to Level II of this Article shall also mean transmittal by telefax or electronic mail. If telefax or electronic mail transmittal is used either to file or to respond at Level II, the telefax transmittal cover letter or the electronic mail must be returned and shall include the signature of the receiving party acknowledging receipt, as well as the date of receipt. A response or filing at Level II shall not be considered accomplished in the absence of such date and signature on the returned cover letter or electronic mail.
a. All grievances, requests for review or appeals shall be submitted in writing on the form attached to this Agreement as Appendix E, and shall be signed by the grievant(s). Except for the initial filing of a grievance, if there is difficulty in meeting any time limit, a CFA representative may sign the grievance form for the grievant.
b. The appropriate administrator may refuse consideration of a grievance not filed on a grievance form required by this Article. In the event the potential grievant does not file on the prescribed form, the appropriate administrator shall provide the potential grievant with a copy of the appropriate form. Subsequent re-filing utilizing the appropriate form shall take place within seven (7) days of receipt of the appropriate form.
Level I – Campus Level
10.4 A grievant eligible to grieve pursuant to provision 10.2 of this Article may file a Level I grievance with the President no later than forty-two (42) days after the event giving rise to the grievance, or no later than forty-two (42) days after the grievant knew or reasonably should have known of the event giving rise to the grievance. In all grievances, the grievant shall state clearly and concisely on a grievance form:
a. with regard to a statutory grievance, the right(s) the grievant alleges were violated as set forth in provision 10.2. When claiming a violation of the Collective Bargaining Agreement, the term or terms of the Agreement alleged to have been violated, misinterpreted, or misapplied;
b. a description of the grounds of the grievance including names, dates, places, times, necessary for complete understanding;
c. a proposed remedy;
d. the name, department or equivalent unit, address at which the grievant shall receive all correspondence relating to the grievance, position/classification of the grievant and the grievant’s signature;
e. the name and address of the grievant’s representative, if any; and
f. the date of submission.
g. No later than the Level I meeting, or the Level II meeting where the grievance is filed directly at that Level pursuant to this provision, the grievant shall identify to the appropriate administrator in writing the source(s) of the right(s) alleged to have been violated.
When CFA is claiming a violation of the Collective Bargaining Agreement, if the grievance derives from an action or decision by the Chancellor’s Office or is a case seeking a statewide contract interpretation, CFA may file the grievance directly with the Chancellor’s Office, at Level II.
10.5 The grievant may, in the written grievance, request the postponement of any action in processing the grievance formally for a period of up to twenty-five (25) days in order that, the grievant may pursue efforts to resolve the grievance informally, and shall be entitled to a good faith review of the issue(s) presented. The initial postponement request shall be granted, and upon the grievant’s further written request, additional twenty-five (25) day extensions shall be granted unless the appropriate administrator makes a determination that to do so would seriously impede resolution of the grievance.
a. Upon request of the grievant during the postponement period(s), the President shall arrange an informal conference between the appropriate administrator and the grievant.
b. The grievant may at any time terminate the postponement period by giving written notice to the President that the grievant wishes to proceed with the Level 1 meeting provided for below. If the postponement period, or any extension thereof, expires without the filing of a request for a further postponement, the grievance shall proceed to formal Level I.
c. The grievant shall have the right to representation by CFA during attempts at informal resolution of the grievance.
10.6 At the time of filing of a grievance by an individual employee or group of employees the grievant shall make an election by using the appropriate grievance form between the two procedures set forth below: (a) Statutory Procedure or (b) Contractual Procedure. Failure of the employee(s) to make an election in the appropriate box on the grievance form as between the Statutory and Contractual Procedures shall result in the automatic processing of his/her grievance under the Contractual Procedure. In the cases of grievances filed by the CFA, the CFA may not, on behalf of itself or an employee or group of employees, elect to process a grievance under the Statutory Procedure, but must in all cases process its grievances under the Contractual Procedure.
10.7 All complaints of discrimination, including those under Article 16, shall be handled pursuant to procedures set forth in relevant CSU executive orders (as mandated by state and federal laws). At the conclusion of those complaint procedures, a Level I meeting shall be held with the grievant and the grievant’s representative pursuant to 10.8. After the Level I meeting, the grievance shall proceed in accordance with the provisions of this Article. CFA shall not unreasonably refuse CSU’s requests for extensions to the Article 10 timeline in order to the complete the discrimination complaint procedures.
10.8 Within fourteen (14) days after the Level I filing as provided in provision 10.4, the appropriate administrator shall hold a meeting with the grievant and the grievant’s representative, if any, at a mutually acceptable time at the campus where the grievant is employed. At this meeting the grievant shall fully present his/her case, including all relevant facts, arguments and proposed remedies being sought. In the event that the grievant and appropriate administrator cannot successfully resolve the grievance, then the appropriate administrator shall respond in writing to the grievant no later than fourteen (14) days after the Level I meeting. Such response shall include a statement of reasons for any denial of the grievance.
Faculty Hearing Panel and Faculty Hearing Committee Procedures
Faculty Hearing Panel Election Procedures
10.9 The panel shall consist of all full-time faculty unit members of Bargaining Unit 3 on a campus.
10.10 CSU and CFA shall each designate one individual to serve as a panel co-chairpersons for each campus. Service as a member of the panel or the Faculty Hearing Committee, if selected, is a normal obligation of each full-time member of Unit 3 during the periods of the year when required to render services and shall not result in or require additional compensation. Service on Faculty Hearing Committees by full-time Temporary Faculty Unit Members shall be voluntary. Temporary Faculty Unit Members may opt out of participation. Participation on a Faculty Hearing Committee shall be considered “service” to the campus community for all applicable purposes. Service as the panel co-chairperson shall be voluntary.
The Statutory Grievance Process
10.11 In the event the grievance is not settled to the grievant’s satisfaction at the Level I meeting, or by the Level I response by the appropriate administrator, the individual employee grievant (or group of employees) may file a grievance appeal with the Academic Vice President, Provost, President or designee no later than fourteen (14) days after receipt of the Level I response, for hearing before a Faculty Hearing Committee, selected by lot from the Campus Faculty Hearing Panel. The grievant shall attach a copy of the Level I grievance filing and the Level I response together with any documents presented at Level I.
10.12 Within seven (7) days after the filing of the grievance appeal as provided in 10.11, the Academic Vice President/Provost or designee and Chairperson of the Faculty Hearing Panel shall jointly schedule the selection of the Faculty Hearing Committee. The membership of the Faculty Hearing Committee shall be selected by lot from the Campus Faculty Hearing Panel and shall consist of three (3) members and one (1) alternate. No Faculty Hearing Panel member may serve on a Faculty Hearing Committee if s/he has been directly involved with or a party to matters related to the grievance before the Faculty Hearing Committee. Each Faculty Hearing Committee shall be appointed and serve on an ad hoc basis until the Committee has issued its decision on the grievance in question. Participation on a Faculty Hearing Committee shall be considered “service” to the campus community for all applicable purposes.
10.13 Upon selection of the Faculty Hearing Committee, the Academic Vice President/Provost or designee shall provide written notice to the grievant, appropriate administrator, and the selected committee members.
10.14 A hearing of the grievance in question shall be scheduled to occur within fourteen (14) days from the date of notification to all parties of the selection of the Faculty Hearing Committee at a mutually acceptable time at the campus where the grievant is employed.
10.15 There shall be no post-hearing briefs. The hearing will not exceed one (1) day with equal time for each party, except by written agreement of the parties.
10.16 Conduct of the hearing shall be at the discretion of the Faculty Hearing Committee but shall be open to the public at the discretion of the grievant. The standard of review by a Faculty Hearing Committee is the same as the standard of review by an arbitrator as specified below in this Article. The grievant shall have the burden of proving the substance of the grievance by a preponderance of the evidence.
10.17 The panel chairperson shall ensure that an official record of the proceedings is taken in a manner agreed to by the parties. If no agreement is reached, the proceedings shall be recorded by the Faculty Hearing Committee and the grievant and the appropriate administrator shall each be provided a single copy of the recording if the grievance is subsequently appealed to arbitration under provision 10.21.
10.18 10.18 The grievant shall have the right of representation before the Faculty Hearing Committee by a faculty adviser or other representative of his or her choice.
10.19 10.19 The Faculty Hearing Committee shall file with the appropriate administrator its written grievance decision within fourteen (14) days of the commencement of the hearing. Such decision shall include a statement of reasons for any denial or granting of the grievance. All limitations on the authority of an arbitrator, including those specified in 10.26(i), (j) and (k) below, apply to the recommendations of the Faculty Hearing Committee.
10.20 The Faculty Hearing Committee shall provide the President, the grievant, the appropriate administrator, and the grievant’s representative (if any) with a copy of its written grievance decision at the time it is issued. Within twenty-one (21) days of the President’s receipt of the decision, s/he shall inform the grievant and Faculty Hearing Panel Chairperson in writing of her/his decision, which may be to accept the decision of the Faculty Hearing Committee; to accept the decision in part and reject the decision in part; or to reject said decision. In the event the President determines to reject the decision of the Faculty Hearing Committee, s/he shall provide a statement of reasons for said decision.
a. If there is no disagreement between the Faculty Hearing Committee’s decision and the President’s decision, then the President’s decision shall be final and binding.
b. If the President rejects a decision of the Faculty Hearing Committee to sustain the grievance in question, the grievant may elect to go before an arbitrator whose decision shall be final and binding.
c. Where the President agrees in part, and disagrees in part, with a decision of the Faculty Hearing Committee, then it is only the issue(s) with which the President disagrees that may be appealed to an arbitrator whose decision shall be final and binding. The President’s decision on issues on which there is no disagreement shall be final and binding and not subject to arbitration.
Any election for arbitration pursuant to (b) or ( c ) preceding shall be made by certified mail, return receipt requested, directed to the Office of Labor Relations in the Office of the Chancellor within seven (7) days of receipt of the President’s decision. The grievant may also request arbitration by telefax transmittal. If telefax transmittal is used, the receiving party shall fax back a copy of the cover letter with the signature of the receiving party acknowledging receipt, as well as the date of receipt. A telefax transmittal request for arbitration shall not be considered accomplished in the absence of such date and signature on the cover letter. Failure to request arbitration within seven (7) days of receipt of the President’s decision shall constitute a waiver of the right to an arbitration hearing, and the President’s decision shall be final and binding. Said arbitration shall be conducted according to the rules and procedures set forth in provision 10.26.
10.22 If the grievant elects to pursue the Contractual Procedure (and in all CFA-filed grievances), within fourteen (14) days after the filing of the grievance, the appropriate administrator shall hold a meeting with the grievant and the grievant’s representative, if any, at a mutually acceptable time and location. The appropriate administrator shall respond in writing to the grievant, no later than fourteen (14) days after the Level I meeting. Such response shall include a statement of reasons for any denial of the grievance.
Level II – Office of the Chancellor
This section is not applicable to any grievance filed under the Contractual Procedure challenging the non-appointment or non-reappointment to a probationary or tenured position or the denial of tenure or promotion.
10.23 In the event the grievance is not settled to the grievant’s satisfaction at Level I, the grievant may file a Level II grievance with the Office of the Chancellor no later than fourteen (14) days after the Level I response. The grievant shall attach a copy of the previous grievance response together with any documents presented at that level.
Level II – Office of the Chancellor
10.24 A designated individual in the Office of the Chancellor and the representative of the grievant, if any, shall schedule a grievance meeting at the Office of the Chancellor within fourteen (14) days of the Level II filing.
a. At the Level II meeting the grievant shall identify to the designated individual in the Office of the Chancellor the source(s) of the right(s) alleged to have been violated. The grievant may include additional sources to those cited at any Level I meeting.
b. In cases where CFA is the grievant, and is grieving on behalf of a group of employees, the grievant shall define in writing the class(es) of Unit 3 members on whose behalf the CFA is seeking a remedy.
i. Where the names of the grievants within the class are known to the CFA at the time of the Level II meeting, then the CFA shall identify the individuals within the class(es) by name.
ii. Where the CFA claims that it is does not have sufficient information available for it to be able to identify the class(es) of grievants by name at the time of the Level II meeting, then the CFA shall nevertheless define the class(es) of grievants to the CSU with sufficient specificity so as to allow the CSU to identify, through further inquiry, the individuals within the said class(es) by name.
c. The designated individual in the Office of the Chancellor shall respond no later than fourteen (14) days after the meeting, and the written response shall specifically address the issues raised in the Level II meeting.
10.25 If the grievance is not settled at Level II, then within forty-two (42) days after receipt of the Level II response or the expiration of the time limits for filing such response, the CFA, upon the request of the grievant, may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the designated individual in the Office of the Chancellor. The CFA may also request arbitration by telefax transmittal. If telefax transmittal is used the cover letter must be returned and shall include the signature of the receiving party acknowledging receipt, as well as the date of receipt. A telefax transmittal request for arbitration shall not be considered accomplished in the absence of such date and signature on the cover letter. Representation at arbitration shall be by CFA only.
10.26 Unless the specific language of the Agreement is in conflict, the arbitration procedure shall be conducted in accordance with the AAA Labor Arbitration Rules, subject to the following provisions:
a. The parties shall meet within thirty (30) days of the ratification of this Agreement to select a panel of twenty (20) members. If no agreement is reached on the panel within a sixty (60) day period from the ratification of this Agreement, the parties shall designate arbitrators for each case in accordance with AAA Labor Arbitration Rules until agreement on a panel is reached.
b. If the parties agree to a panel of arbitrators, either party may peremptorily challenge two (2) members on the panel at any time during the term of this Agreement and such panel member shall be removed from the panel and replaced with a new mutually acceptable replacement. If the parties are not able to agree on a replacement within thirty (30) days, then the cases scheduled for that particular arbitrator, or any new cases that would otherwise have been scheduled for that arbitrator by virtue of the procedure detailed in 10.26(d), will be heard by an arbitrator designated by the parties in accordance with AAA Labor Arbitration Rules on a case by case basis until agreement on a replacement is reached. Once a party has notified the other party of its intention to remove an arbitrator, no new cases shall be heard by that arbitrator, and that arbitrator shall not be notified of his/her removal prior to the receipt by the parties of any of his/her pending awards.
c. Grievances with continuing financial back pay liability, and grievances alleging an unsafe work environment, shall be scheduled for hearing in arbitration in the chronological order of their appeal to arbitration, prior to both the scheduling of any grievances with no continuing financial back pay liability, or any grievance which does not allege an unsafe work environment. The parties recognize that from time to time it may be in the interest of both parties by mutual agreement to schedule cases for arbitration in other than chronological order. Absent such mutual agreement, arbitration hearings shall be scheduled in the same chronological order in which each case was appealed to arbitration.
d. Any grievance, except those involving the denial of promotion, filed to arbitration shall be considered withdrawn if the parties have not, within twelve (12) months of the date of filing to arbitration, agreed upon a date and scheduled the case for hearing with the arbitrator assigned to the case. Disputes involving the denial of promotion shall be considered withdrawn if the parties have not, within eighteen (18) months of the date of filing to arbitration, agreed upon a date and scheduled the case for hearing with the arbitrator assigned to the case. In each case, this provision shall be extended for an additional thirty (30) days at a time, in cases where the Union has agreed to dates proposed by an arbitrator which are unacceptable to the CSU, or in cases where the CSU has not responded to the dates proposed by the Union. In order to assign arbitrators to cases and schedule hearings as expeditiously as possible, the parties shall observe the following procedures: Following selection of the panel, arbitrators shall be assigned numbers in alphabetical order by last name. Cases shall then be assigned at first instance to arbitrators in the order established by lot, and sequentially thereafter by reference to that established order.
e. If any arbitrator assigned to hear a case through the procedure set forth in 10.26(d) is unable to offer at least one hearing date within one hundred and ten (110) days of the date s/he was assigned the case, the case shall be reassigned to the next arbitrator in the rotation, who shall be required to offer at least one hearing date within one hundred and ten (110) days of being assigned the case. If the next arbitrator in the rotation is not able to offer a date within one hundred and ten (110) days, then the process shall be repeated.
f. The parties shall accept the first date offered pursuant to 10.26 e. Either party may request the date to be rescheduled based on witness availability or other issues that require rescheduling.
g. In the event that vacancies occur in the agreed upon panel whether by challenge or unavailability of an arbitrator, such vacancies shall be filled by mutual agreement within fourteen (14) days of the date of the vacancy. If mutual agreement is not possible, each party shall submit to the other a list of five (5) preferred replacement arbitrators. The parties shall alternately strike from the combined list of ten (10) arbitrators until a single name remains who shall be designated as the replacement arbitrator. Option for the first strike shall be determined by a coin toss.
h. No later than ten (10) days prior to the date of an arbitration hearing the parties shall confirm any arbitrability issue(s) to be raised, attempt to formulate a joint statement of issue, exchange the names of all anticipated witnesses, and provide (and identify as exhibits) copies of all documents anticipated to be entered into evidence. This provision shall not preclude either party from calling witnesses or entering documentary evidence not identified during this discussion. Scheduled hearings shall not be delayed or postponed due to the failure to complete this discussion.
Absent a mutual agreement to the contrary, if an arbitrability question exists, there shall be a bifurcated hearing in which the arbitrator shall determine the arbitrability question after the submission of post-hearing briefs and prior to a separate hearing, if any, on the merits of the grievance.
i. The arbitrator’s award shall be based solely upon the evidence and arguments appropriately presented by the parties in the hearing, the record of the Faculty Hearing Committee (if any) and upon any post-hearing briefs. Upon mutual agreement of the grievant and the CSU, a grievance may be submitted to an arbitrator for final determination based solely on the record of the Faculty Hearing Committee, documents and briefs submitted by the parties, without need for a hearing.
j. The arbitrator shall have no authority to add to, subtract from, modify, or amend the provisions of this Agreement.
1. The standard for review of the arbitrator in statutory cases or contractual cases filed by individual faculty, except in grievances challenging the non-appointment or non-reappointment to a probationary or tenured position or the denial of tenure or promotion, is whether the CSU directly wronged the grievant(s) in connection with the rights accruing to their job classification, benefits, working conditions, appointment, reappointment, tenure, promotion, reassignment, or the like. The arbitrator may not review matters, such as the salary structure, which require legislative action or merit pay.
2. The standard for review for the arbitrator in contractual cases filed by CFA is whether the CFA, an employee or a group of employees have been directly wronged by a claimed violation, misapplication or misinterpretation of a specific term or provision of this Agreement.
l. The standard of review of an arbitrator in grievances challenging the non-appointment or non-reappointment to a probationary or tenured position or the denial of tenure or promotion shall be as follows:
In grievances challenging the non-appointment or non-reappointment to a probationary or tenured position or the denial of tenure or promotion, the arbitrator shall recognize the importance of the decision not only to the individual in terms of his/her livelihood, but also the importance of the decision to the institution involved. The arbitrator shall not substitute his/her judgment for the decision of the President made in the RTP process, but may correct violations of procedure or arbitrary, capricious, or discriminatory decisions by a President only as follows:
The arbitrator shall not find that an error in procedure will overturn an appointment or re-appointment to a probationary or tenured position, promotion, or tenure decision on the basis that the proper procedure has not been followed unless:
1. The arbitrator finds on a preponderance of evidence that a procedural error occurred; and
2. that such error was prejudicial to the decision with respect to the grievant.
The normal remedy for such a procedural error will be to remand the case to the decision level where the error occurred for reevaluation, with the arbitrator having authority in his/her judgment to retain jurisdiction.
An arbitrator shall not grant appointment or re-appointment to a probationary or tenured position, promotion, or tenure, except in extreme cases where it is found on clear and convincing evidence that:
3. The final campus decision was not based on reasoned judgment;
4. but for that, it can be stated with certainty that appointment or re-appointment to a probationary or tenured position, promotion, or tenure would have been granted; and
5. no other alternative except that remedy has been demonstrated by the evidence as a practicable remedy available to resolve the issue.
The arbitrator shall make specific findings in his/her decision as to the foregoing.
m. In arbitrations in which the CFA (or its agent) is either a grievant or a grievant’s designated representative, the cost of the arbitrator’s fee, including any cost of a transcript requested by both parties, shall be borne equally by the parties except
1. In all cases, each party shall bear the costs of its advocate(s).
2. Unilateral withdrawal, unilateral postponement and unilateral cancellation fees shall be borne by the party who requests the withdrawal, postponement or cancellation.
3. Expenses for witnesses shall be borne by the party who calls them.
4. In arbitrations in which the CFA is neither a grievant nor a grievant’s designated representative, the costs incurred in arbitration shall be paid by the CSU in accordance with Education Code Section 89542.5.
n. A final decision or award of the arbitrator shall be made within thirty (30) calendar days after the submission of briefs, and/or the close of the hearing where the parties have agreed not to submit post-hearing briefs. Such decision or award shall be binding upon the CFA, the CSU, and the employee(s) affected thereby.
Grievances Pertaining to the Appointment, Reappointment, Work Assignments or Careful Consideration per Article 12 of Temporary Faculty: Permanent Umpire
10.27 If a grievant pursuing a grievance on a matter pertaining solely to appointment, reappointment, or work assignment under Article 12 is not satisfied with the resolution of her/his grievance by the Faculty Hearing Committee process, including presidential review (provisions 10.20 through 10.21), or by the Office of the Chancellor at Level II, then in lieu of the arbitration procedures set forth elsewhere in this Article, the grievant may submit the grievance to a special, permanent Article 12 Umpire jointly selected by CFA and CSU who shall hear all such grievances thus appealed. The deadlines for submission of the grievance to the Article 12 Umpire shall be the same as specified for submissions to Arbitration under this Article. The Umpire shall schedule a hearing on such cases within thirty (30) days of the Umpire’s receipt of the appeal at a time and place acceptable to the parties. Since time is frequently of the essence in rendering a remedy that is meaningful for both temporary faculty members and the departments that need to make real time hiring decisions, hearing procedures shall be as determined by the Umpire, consistent with the principles of due process and the goals of expedition and efficiency, but shall provide for no more than one (1) day of hearing except by written agreement of the parties. Except upon the written agreement of the parties in a particular case, no briefs shall be filed. The Umpire’s decision sustaining or denying the grievance shall be issued in the form of a bench ruling after a brief study period at the conclusion of the hearing, but in no event later than three (3) days from the close of the hearing, and need not include supporting rationale unless requested by a party. The Umpire’s decision shall not set a precedent, and it shall not be cited in any other administrative or legal forum.
a. The parties shall meet within thirty (30) days of the ratification of this Agreement to select an umpire to hear cases pursuant to Sections 10.28-32 of this Agreement. If no agreement is reached, each party shall designate three (3) arbitrators for possible selection. The parties shall alternately strike from the combined list of six (6) arbitrators until a single name remains who shall be designated as the Umpire. Option for the first strike shall be determined by a coin toss.
b. If the Umpire thus selected is unable to provide the number of hearing dates required by provision 10.28(d), this process shall be repeated using another list of six (6) names designated by the parties until an Umpire is selected who can fulfill the requirements of Section 10.28(d). It shall not be a bar that any individual so designated had previously been submitted in any previous stage of this process. This process shall also be used if an Umpire selected withdraws from this position after selection and acceptance of the appointment.
c. The term of the Umpire shall be one (1) year from the date of selection. At the end of this term, either party may decline the reappointment of the umpire. If an appointment is not renewed, the process described in the preceding will be repeated using a new group of six (6) nominees if mutual agreement on a successor Umpire is not reached.
d. Upon selection by the parties, the Article 12 Umpire shall be scheduled for a minimum of two (2) hearing dates per month for the resolution of the previously-referenced temporary faculty Article 12 cases, unless there are insufficient pending cases to warrant the scheduling of the minimum two (2) hearing dates.
The costs of the Umpire procedures shall be allocated as provided in provision 10.26 for standard arbitration proceedings.
10.29. By mutual written agreement of the parties, issues other than grievances pertaining solely to appointment, reappointment or work assignment under Article 12 may be referred to the Umpire for adjudication through this Umpire procedure, provided that at least one of the issues being grieved pertains to appointment, reappointment or work assignment under Article 12.
10.30 Grievances appealed to arbitration under the Contractual Procedure or the Statutory Procedure may be subject to mediation in accordance with the following:
a. The party requesting mediation shall request mediation within thirty (30) calendar days after the Union has filed a request for arbitration. This time period may be waived upon the mutual agreement of both parties.
b. Grievances shall not proceed to mediation except by the mutual written agreement of both parties.
c. The timelines and order of the scheduling of grievances for arbitration pursuant to this Article shall not be affected by the parties’ desire to invoke mediation.
d. The parties shall establish a panel of three (3) mediators by mutual agreement, who shall serve in alphabetical rotation. Members of the arbitration panel established pursuant to this Article shall not be eligible to serve on this mediation panel.
e. The procedures set forth in California Evidence Code Section 1152.5 shall be applicable to mediation conducted pursuant to this Agreement.
f. All costs of mediation shall be borne equally by both parties.
g. The recommendations of a mediator, if any, shall be advisory only and shall not be binding upon the parties. If the parties agree to accept the mediator’s recommendation, the decision shall be reduced to writing and signed by both parties. Neither party shall enter into evidence at a subsequent arbitration hearing any recommendation(s) of the mediator.
10.31 Wherever a time limit is provided by this Article, the participants at that level may extend the period by mutual consent in writing. However, the time limit for filing the initial grievance at Level I may only be extended by the President. It is understood that the purpose of the procedure is to resolve grievances promptly and that extensions shall be sought only for good cause.
10.32 When meetings, conferences, Faculty Committee hearings or arbitration hearings are held under this Article, employees who are entitled to attend, including Faculty Hearing Committee members, or who are called as witnesses by a party, shall be excused for that purpose from other duties without penalty, provided that arrangements are made for coverage of the employee’s duties.
10.33 No reprisals shall be taken against any employee for the filing and processing of any grievances.
a. Except for good cause shown, only those events, issues, and sections of this Agreement cited in the initial filing at Level II may be considered at subsequent levels.
b. In cases where the CFA is the grievant, only the CFA and those members of the class described pursuant to provision 10.24(b), shall be eligible for a remedy.
10.35 After the grievance has been filed at Level I, a representative and the grievant shall be provided reasonable release time for the purpose of preparation and presentation of the grievance at Levels I and II or the Faculty Hearing Committee, provided that such release time shall not conflict with any scheduled classes and office hours.
10.36 Upon failure of the Employer or its representatives to provide a decision within the time limits provided in this Article, the grievant or CFA, where appropriate, may appeal to the next step. Upon the failure of the grievant or CFA, where appropriate, to file an appeal within the time limits provided in this Article, the grievance shall be deemed resolved by the decision at the prior step.
10.37 In cases where it is necessary for the grievant or his/her representative to have information for the purpose of investigating a grievance, the grievant or his/her representative shall make a written request for reasonably specific information to the appropriate administrator. The grievant or his/her representative shall have the right to receive, within thirty (30) days, such information not protected from disclosure under the laws and regulations governing the right of privacy that would assist in adjusting the grievance. The CSU shall notify the grievant or his/her representative whenever the information cannot be provided within this thirty (30) day period. Such notification shall include the grounds on which the CSU has determined that the requested information is protected from disclosure.
10.38 When a party has made a request for data or documents it is legally entitled to receive, and if an arbitrator determines that the responding party failed to provide such data or documents in a timely manner, then the party failing to provide the materials may be prohibited from introducing or relying upon that material in the arbitration hearing. Among the factors to be considered in determining whether the failure to produce such data or documents in a timely manner should lead to their exclusion are the availability of the data or documents, the form in which the material is available, and the amount of labor involved in producing the materials, as well as the cost of such production. Production shall include providing access to data and documents readily available on line.
10.39 A decision to submit a grievance to arbitration shall be a waiver of all other remedies except as provided otherwise by statute.
10.40 A grievance settlement shall not set a precedent, except as otherwise mutually agreed in writing by the CSU and the CFA.
10.41 A grievance may be withdrawn at any time. The grievant is then prohibited from filing any subsequent grievance on the basis of the same event.
10.42 The CSU and CFA may mutually agree to consolidate grievances on similar issues at any level.
10.43 No resolution of any individually processed grievance shall be inconsistent with the terms of this Agreement. The CSU will not agree to a resolution of the grievance until the CFA has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response. If the CFA is neither a party to the proceeding nor the grievant’s designated representative in the proceeding, any recommendation of the Faculty Hearing Committee or decision of an Arbitrator shall not operate as a precedent.
10.44 The parties acknowledge that grievance records, including grievance files and the content of grievance meetings, may contain information subject to the right of privacy. Grievance records shall be kept in a file separate from the grievant’s Personnel Action File, and may be used in arbitrations. Access to information in grievance records is limited to personnel having legitimate business reasons to access it.
10.45 Time limits shall be considered tolled when personnel are unavailable due to illness, vacations, or professional reasons.
10.46 From time to time, the CFA Central Office and the Office of the Chancellor shall compare grievance records for the purpose of developing and maintaining a common systemwide grievance docket.
10.47 Grievance rights pursuant to this Article shall not be curtailed on the last date of employment if said grievance rights are exercised in accord with provision 10.4 of this Article and such other filing requirements as may apply.
11.1 The Personnel Action File shall be defined as the one (1) official personnel file for employment information and information that may be relevant to personnel recommendations or personnel actions regarding a faculty unit employee. For each faculty unit employee, the President shall designate an office with responsibility for maintenance of the Personnel Action File and shall designate a custodian for the Personnel Action File. If the contents of the Personnel Action File are stored in electronic format, such information shall be stored securely, and access to the file shall be limited to those individuals authorized to view the file under the terms of this Agreement. It is the intent of the CSU to maintain accurate and relevant Personnel Action Files. There may be copies of material contained in the official file in other working files for the convenience of the Employer. Only the official Personnel Action File may be used as the basis of personnel actions.
11.2 A faculty unit employee shall have the right to submit material to his/her Personnel Action File. A faculty unit employee shall also have the right to submit a written rebuttal to any material in his/her Personnel Action File, or scheduled for placement in his/her Personnel Action File after notification of such placement pursuant to provision 11.4 of this Article.
11.3 Any material identified by source may be placed in the Personnel Action File. Identification shall indicate the author, the committee, the campus office, or the name of the officially authorized body generating the material.
11.4 The faculty unit employee shall be notified of the placement of any material in his/her Personnel Action File that the appropriate administrator initially considers to be accurate and relevant, and the faculty unit employee shall be provided with a copy of such material at least five (5) days prior to such placement.
11.5 Upon request, a faculty member shall be provided the opportunity to meet with the appropriate administrator regarding material to be placed in the file to which the faculty member objects. The request to meet, if any, shall be made within five (5) days of the receipt of the notification. If no meeting is requested, the material will be placed in the file. If a meeting is requested, it shall take place within ten (10) days of the request made by the faculty member.
11.6 Following the meeting in provision 11.5, the appropriate administrator shall consider all information provided by the faculty member concerning the relevancy and accuracy of any material to be placed in the file prior to making a final decision to place material in the file. The appropriate administrator may grant the request by the faculty member for a correction of the material and/or a deletion of all or a portion of the material. Should the appropriate administrator determine that all or part of the contested material is accurate and relevant and will be placed in the file, the faculty member may file a rebuttal as provided in provision 11.2 and/or seek removal of said material by appeal as provided in provision 11.14. This provision, and provisions 11.4 and 11.5, shall not apply to material placed in the file created for the periodic evaluations or performance reviews conducted pursuant to Article 15, Evaluation, of this Agreement, nor to material referenced in the Temporary Suspension or Disciplinary Action Procedure Articles of this Agreement.
11.7 Materials for evaluation submitted by a faculty unit employee shall be deemed incorporated by reference in the Personnel Action File, but need not be physically placed in the file. An index of such materials shall be prepared by the faculty unit employee and submitted with the materials. Such an index shall be permanently placed in the Personnel Action File. Materials incorporated by reference in this manner shall be considered part of the Personnel Action File for the actions set forth in provision 11.9 of this Article. Indexed materials may be returned to the faculty unit employee.
11.8 During the time of periodic evaluation and performance review of a faculty unit employee, the Working Personnel Action File, which includes all information, materials, recommendations, responses and rebuttals, shall be incorporated by reference into the Personnel Action File.
11.9 Personnel recommendations or decisions relating to retention, tenure, promotion, or termination based upon work performance, or any other personnel action, shall be based on the Personnel Action File. For the purposes of this section, course assignments shall not be considered personnel actions. However, course assignments shall not be punitive in nature.
Should the President make a personnel decision on any basis not directly related to the professional qualifications, work performance, or personal attributes of the individual faculty member in question, those reasons shall be reduced to writing and entered into the Personnel Action File and shall be immediately provided to the faculty member.
11.10 A faculty unit employee shall have the right of access to all material in his/her Personnel Action File, exclusive of pre-employment materials. A faculty unit employee shall have access to pre-employment materials in instances in which such materials are used in subsequent personnel actions other than appointments.
11.11 A faculty unit employee may request an appointment(s) for the purpose of inspecting his/her Personnel Action File. Such appointment(s) shall be scheduled promptly during normal business hours. The manner of inspection shall be subject to reasonable conditions. The faculty unit employee shall have the right to have another person of the employee’s choosing accompany him/her to inspect the Personnel Action File.
11.12 Following receipt of a faculty unit employee’s written request, the appropriate administrator shall, within fourteen (14) days of the request, provide a copy of all requested materials. The faculty unit employee may be required to bear the cost of duplicating such materials.
11.13 If, after examination of the Personnel Action File, the faculty unit employee believes that any portion of the file is not accurate, s/he may request in writing a correction of the material and/or a deletion of all or a portion of the material. Such a request shall be addressed to the custodian of the file, with copies to the appropriate faculty committee, if such material was generated by a faculty committee, and the appropriate administrator. The request shall include a written statement by the faculty unit employee describing corrections and/or deletions that s/he believes should be made, and the facts and reasons supporting such request. Such request shall become part of the Personnel Action File, except in those instances in which the disputed material has been removed from the file.
11.14 If the request made pursuant to provision 11.13 is denied by the custodian of the file, or if the faculty member wishes to appeal a determination for material to remain in his/her file pursuant to provision 11.6, the faculty unit employee shall have a right to submit the request to the President no later than seven (7) days after the date of such a decision. Within twenty-one (21) days of receipt of such request of the President, the President shall provide a written response to the faculty unit employee. If the President grants the request to correct the material and/or delete all or a portion of the material, the record shall be corrected or the deletions made, and the faculty unit employee shall be sent a written statement to that effect. If the President denies the request, the response shall include the reason(s) for denial.
11.15 The Personnel Action File shall be held in confidence. Access to a faculty unit employee’s Personnel Action File shall be limited only to persons with official business. The custodian shall log all instances of access to a Personnel Action File, including access to the file by administrators, when access is not for the purpose of routine maintenance. Such a log record shall be a part of the Personnel Action File.
11.16 The Personnel Action File shall indicate the location of other records regarding a faculty unit employee kept on the campus to which the faculty unit employee has access in accordance with statute.
11.17 Campus medical records and campus police records shall not be subject to this Article.
12.1 After considering the recommendations, if any, of the department or equivalent unit and the appropriate administrator, appointments of employees shall be made by the President. Appointments may be temporary, probationary, or tenured. Appointments shall be made through written notification by the President. No employee shall be deemed appointed in the absence of an official written notification from the President. An initial appointment may be made jointly in more than one academic department or equivalent unit. The President shall determine the proportion of assignment of activity for individuals holding joint appointments. The proportion of such an assignment may be changed by the President during the duration of the joint appointment. Appointments shall be made in accordance with Article 16, Non-Discrimination.
12.2 Official notification to an employee of an appointment shall include the beginning and ending dates of appointment, classification, time base, salary, rank when appropriate, employee status, assigned department or equivalent unit, and other conditions of employment. Each new faculty unit employee shall be advised no later than fourteen (14) days after the start of the quarter/semester where on campus a summary of the CSU benefits program is available. Each new faculty unit employee shall also be provided no later than fourteen (14) days after the start of the quarter/semester with written notification of the evaluation criteria and procedures in effect at the time of his/her initial appointment. In addition, pursuant to provision 15.3, the faculty unit employee shall be advised of any changes to those criteria and procedures prior to the commencement of the evaluation process.
12.3 Temporary appointments may be for periods of a semester, a quarter, parts of a year, or one (1) or more years. Following two (2) semesters or three (3) quarters of consecutive employment within an academic year, a part-time temporary employee offered appointment to a similar assignment in the same department or equivalent unit at the same campus shall receive a one (1) year appointment with a timebase equal to or greater than the timebase in the prior academic year. Such appointment shall be subject to the limitations stated in provision 12.5. Units taught during extension for credit programs shall not be included as part of the temporary faculty member’s entitlement base. Application towards an entitlement under this provision for units taught during Summer Session programs is established pursuant to the chart in Appendix F.
12.4 The official notification to a temporary employee shall also indicate that appointments automatically expire at the end of the period stated and do not establish consideration for subsequent appointments or any further appointment rights. No other notice shall be provided.
12.5 An appointment for a less than full-time temporary employee may be on a conditional basis. If during the term of an appointment, a less than full-time temporary employee is assigned additional work up to and including full-time, the employee’s entitlement for that appointment shall not be increased and shall continue to be on a conditional basis for the duration of that appointment. A subsequent full-time appointment will be unconditional pursuant to 12.6.
The conditions established at the time of appointment may relate to enrollment and budget considerations. If a class is canceled prior to the third class meeting, the temporary employee shall be paid for the portion of the academic term worked prior to the cancellation. If a class is canceled after the third class meeting, the temporary employee shall either be paid for the remaining portion of the class assignment or provided an alternate work assignment.
The partial or complete reduction in time base of a temporary part-time faculty unit employee may be accomplished pursuant to provision 12.5 and does not require the layoff of the employee pursuant to Article 38.
12.6 Full-time temporary employees, except Coaching Faculty Unit Employees, shall not be appointed on a conditional basis. Full-time Coaching Faculty Unit Employees may be appointed on a conditional basis, and those conditions may include, but shall not be limited to, adherence to NCAA bylaws and other NCAA regulations.
12.7 Each department or equivalent unit shall maintain a list of temporary employees who have been evaluated by the department or equivalent unit. If such an employee applies for a position in that department or equivalent unit or applicant pool for that department or equivalent unit, the faculty unit employee’s previous periodic evaluations and his/her application shall receive careful consideration. If a temporary employee applies for a subsequent appointment and does not receive one, his/her right to file a grievance shall be limited to allegations of a failure to give careful consideration.
12.8 The list maintained by each department or equivalent unit pursuant to provision 12.7 of temporary employees who have been evaluated by the department or equivalent unit shall also include the courses previously taught in the department.
12.9 Appointment of a temporary employee in consecutive academic years to a similar assignment in the same department or equivalent unit shall require the same or higher salary placement as in his/her previous appointment.
12.10 Upon completion of twenty-four (24) units on a semester campus, or the equivalent on a quarter campus, in the same department or equivalent unit, temporary employees shall receive a salary increase equivalent to the percentage of the negotiated SSI, provided that they meet the requirements of Article 31, only during years when the parties have agreed to provide Service Salary Step Increases pursuant to Article 31 of this Agreement.
12.11A temporary faculty unit employee who receives a new appointment may be placed on the salary schedule above the maximum Service Salary Step Increase rate within his/her then-current salary range.
Temporary faculty unit employees (excluding coaches) employed during the prior academic year and possessing six (6) or more years of prior consecutive service on that campus shall be offered a three-year temporary appointment following an evaluation conducted pursuant to provisions 15.20(d) and 15.28, where there is a determination by the appropriate administrator that a temporary faculty unit employee has performed the duties of his/her position in a satisfactory manner; and absent documented serious conduct problems.
In addition to other provisions of this Agreement, the following special conditions shall apply:
a. For purposes of this section, one (1) year of service shall be considered employment of one (1) semester or two (2) quarters in the bargaining unit on a single CSU campus during a single academic year. In calculating the six-year eligibility period, the entire six (6) year period must have been worked on a single campus in a single department. Units taught during extension for credit programs shall not be included as part of the temporary faculty member’s entitlement base. Application of units towards an entitlement under this provision for units taught during Summer Session programs is established pursuant to the chart in Appendix F.
b. Three-year appointments will be issued for employment on each campus and in each department where the temporary faculty member has established eligibility.
c. The time base of appointments provided here shall be as established under terms of the “similar assignment” language and precedents of provision 12.3 of this Agreement. Subsequent three-year entitlements are determined by the time base held during the third year of the prior three-year appointment. Units taught during extension for credit programs shall not be included as part of the temporary faculty members’ entitlement base. Application of units towards an entitlement under this provision for units taught during Summer Session programs is established pursuant to the chart in Appendix F.
d. The President shall decide the type and extent of course offerings for the department, consistent with current policies and procedures on each campus.
e. In the event there is no work available to satisfy the time base entitlement during any academic term of a three-year appointment, the temporary faculty employee shall continue to maintain this contractual entitlement for the duration of the three-year appointment.
f. If no work exists in the department to support the initial or subsequent three-year appointment of the temporary faculty unit employee, or if the time base of the temporary faculty unit employee was zero during the third year of her/his three-year appointment, s/he shall be placed on a departmental list pursuant to provision 38.48. When such a temporary faculty unit employee is officially notified that no work exists to support the initial or subsequent three-year appointment, the official notification shall also inform the temporary faculty unit employee of the right to be placed on a list for a period of three (3) years. No later than July 1 of each year during the period the temporary faculty unit employee is on the list, the temporary faculty unit employee must inform her/his department chair of the temporary faculty unit employee’s interest in and availability for employment. Included in this written notice shall be current, accurate contact information. Failure to notify the chair shall result in removal from the department provision 38.48 list.
Upon request, CFA shall be provided with a copy of all letters informing a three-year lecturer that no work exists in the department to support the subsequent appointment.
An employee returning from the provision 38.48 list will be employed at the same rate of pay that they previously received, but benefits eligibility shall be determined by the faculty member’s time base at the time of return to work. The period in which the employee was on the department provision 38.48 list shall not constitute a break in service regarding rights previously accrued under Article 12.
12.13 Temporary faculty (excluding coaches) holding three-year appointments shall be reappointed to a subsequent three-year appointment following an evaluation conducted pursuant to provisions 15.20(d) and 15.29, where there is a determination by the appropriate administrator that a temporary faculty unit employee has performed the duties of his/her position in a satisfactory manner; and absent documented serious conduct problems.
These temporary faculty will be reappointed after a three-year appointment unless there is insufficient work for which the faculty member is qualified. In the event there is insufficient work to support the reappointment at the previous time base, the time base of his/her successor three-year appointment may be reduced to reflect available work for which the temporary faculty member is qualified.
12.14 The application of provision 12.12 shall not prohibit the President from making appointments in excess of three (3) years for eligible temporary faculty unit employees.
12.15 No later than June 30 of each year, the Administration shall post in each department a list of temporary faculty who it believes will be eligible for a three-year appointment pursuant to provision 12.12 effective with the first appointment of the next academic year. Any temporary faculty who are omitted from the list, but who believe they are eligible for a three-year appointment, shall come forward and identify themselves to the appropriate department chair within thirty (30) days of the posting. The faculty member should provide any documentation in her/his possession which will assist in verifying eligibility.
LETTER TO GOVERNOR BROWN
GRIEVANCE: FAILURE TO PAY NEGOTIATED WAGE
INCREASE AND RETROACTIVITY
Dear Unit 12, I.U.O.E. Member,
After twenty months, 43 bargaining sessions (including three mediation sessions) the Union has reached a new tentative agreement with the State of California. This round of negotiations has been extremely difficult due to the frugality of this governor and the reluctance of the Department of Finance to allocate sufficient funds to address our needs.
While this tentative agreement does not meet all of our expectations, it does provide for five years of economic stability with modest raises each year while addressing the unfunded liability for retiree health benefits.
Many economists are predicting a slowing of the economy in fiscal year 2018-2019 and therefore this five year agreement will protect against any attempts of future administrations to reduce your pay or benefits thus providing each of you four years of predictable increases in your income.
When you add these four years of pay increases in with the last two years of pay increases you have already received, you have six years of steady improvements in your wages. It has been decades since State employees have received six consecutive years of pay increases of this magnitude.
Your bargaining team fought hard for other improvements to your contract, but the State wouldn’t budge. We had many expert witnesses (state employees like yourself) who testified at the bargaining table as to the recruitment and retention problems they have in their worksites and in their classifications, but the State, for the most part, just didn’t care unfortunately.
A “Yes” vote on the enclosed ballot means that you are in favor of the tentative agreement and a “No” vote means you are opposed to the tentative agreement and are authorizing a strike. If a majority of the Union members vote “No” on the tentative agreement not only will you not receive a pay increase effective January 1, 2017, but you will also pay out-of-pocket the entire increase of your health benefit premiums for the upcoming year.
Your Union and the bargaining team is recommending a “Yes” vote on the enclosed tentative agreement.
Your Unit 12 Bargaining Team
Mike Howard, Buzz Harlow, Dan Christensen, Troy Laabs, Richard Johnson, Todd Allen,
Robert Estrada, and Alternate Greg West
to see a list of Unit 12 Business Representatives, click here
To see a list of benefits for Unit 12 click here
For Membership forms or Grievance Forms please click here
To view a copy of the Agreement between the State of California and IUOE covering Bargaining Unit 12, click here
Change of Information
Members, have you recently had a change in your home address, email or jobsite?if so, please click here to complete a change of information form.
To reach the Unit 12 office:
Phone: (213) 385-1561 x 144