Academy for Academic
Personnel Administration
Fall 2003
Round Table Report
1. Institution Information
Name of Institution/System: Connecticut State University System
Name of Individual Responding: Ernest R. Marquez
Title of Individual Responding: Associate Vice President for Human Resources at Southern Connecticut State University.
2. Description of Faculty Bargaining Unit(s) – Size and Composition
The bargaining unit consists of:
Teaching Faculty - 1,190
Adjunct Faculty (6 or less credits) - 1,458
Librarians - 54
Counselors - 11
Coaches - 41
Bargaining Agent: American Association of University Professors
Date of First Contract: 1977
Number of Succeeding Contracts: 10
3. Activity Report (e.g., status of current agreement or negotiations, details of last contract settlement, etc.):
In late November 2002 the Governor (Republican) announced that the State’s revenues had fallen significantly and would have to make the necessary adjustments. He immediately announced that state managers would forgo salary adjustments for the upcoming year and approached the State Employee Bargaining Unit Coalition (SEBAC) for concessions in order to avert layoffs. When SEBAC and the Governor were unable to reach agreement, 2,800 state employees were laid off. As of August 2003 there is no agreement between the legislature and the Governor on a biennial budget. It has recently come to light that SEBAC has been negotiating with the Democratic legislators to provide concessions under certain conditions.
The Connecticut State University American Association of University Professors (CSU-AAUP), and the University of Connecticut AAUP, while members of SEBAC, broke rank with the rest of the state unions and reached concession agreements with the respective Boards of Trustees.
The following Memorandum of Agreement is the result of such negotiation and modifies the 2002 – 2006 Agreement. (See the full text of the memorandum of agreement below). A summary of the modifications follows:
· One-year extension to August 2007.
· No salary adjustment for academic year 2003-2004.
· Salary adjustment originally scheduled for 2003-2004 deferred to 2004-2005.
· Salary adjustment for 2005-2006 – 2% increase to the base in August; 2% increase to the base plus a 1% lump sum in November.
· The provisions outlined in the original 2002-2006 agreement for a reopener were amended. The new reopener provision limits the negotiation/arbitration to salary adjustment and adjustments to special funds for academic year 2006-2007.
· No layoffs through June 30, 2007 unless financial exigency is declared.
MEMORANDUM OF AGREEMENT
CSU-AAUP AND CSU-BOT
Except as modified herein, the Collective Bargaining Agreement between the Connecticut State University American Association of University Professors and the Board of Trustees for the Connecticut State University System effective August 23, 2002, through August 24, 2006, will continue in full force and effect.
This agreement is made and entered into this 3rd day of April, 2003, by and between the Connecticut State University American Association of University Professors, Inc., an employee association within the meaning of Sections 5-270 through 5-280 of the Connecticut General Statutes, and the Board of Trustees for Connecticut State University, an employer within the meaning of said statutory sections.
The existing Collective Bargaining Agreement shall be modified as follows:
1. Article 25.1: The term of the Agreement is extended to August 24, 2007.
2. Article 25.2: The provision for a contract re-opener shall be amended as follows: The parties agree that the agreement will be reopened for the limited purpose of negotiating/arbitrating for the adjustments to salary and special funds for the 2006-2007 academic year. Said negotiations shall commence on or before September 5, 2005. Should the parties be unable to reach agreement, an arbitration hearing shall commence on or before October 17, 2005.
The parties further agree that negotiations for a successor collective bargaining agreement shall commence on or before October 1, 2006. Prior to the commencement of negotiations the parties shall exchange proposals with respect to any provisions of this Agreement as to which modification will be sought as well as any proposals for new articles or sections. Those provisions not opened by said notices or by subsequent mutual agreement shall automatically become part of any successor agreement. The parties further agree that should they be unable to reach agreement on any of the open issues, an arbitration hearing shall commence on or before March 1, 2007.
3. Article 12
(A) 2003-2004 academic year: There shall be no adjustments in salary or special funds, with the exception of adjustments due to promotions.
(B) 2004-2005 academic year: The salary and special fund adjustments originally scheduled to go into effect for the 2003-2004 academic year will be implemented.
(C) For the 2005 – 2006 academic year, eligible members under Section 12.5.2 shall have their compensation adjusted as follows: The maxima and minima set forth in Article 12 will increase by two percent (2%), so that a member’s salary shall be increased by said 2% in accordance with the method for salary determination set forth in Section 12.5.3. In addition, each member shall receive an increase based upon two percent (2%) of the combined base salaries of full-time members of the bargaining unit as of the pay period ending November 11, 2004, in accordance with the method for salary determination set forth in Section 12.5.3, except that all members shall also receive an equal flat dollar amount based upon one percent (1%) of the combined base salaries of full-time members of the bargaining unit as of the pay period ending November 11, 2004.
12.8 Part-time Member Pay Rates
Each part-time member shall be assigned to one of the following groups:
Educational Credentials/ Minimum Salary Per Load Credit
A Less than appropriate terminal $1100
degree and no more than thirty (30)
load credits completed
degree and more than thirty (30) but
no more than sixty (60) load credits
completed
C Less than appropriate terminal degree $1187
and more than sixty (60) load credits
completed
D Appropriate terminal degree and no $1203
more than thirty (30) load credits
completed
E Appropriate terminal degree and more $1247
than thirty (30) but no more than sixty
(60) load credits completed
F Appropriate terminal degree and more $1289
than sixty (60) load credits completed
For part-time members hired on other than load credit basis, forty-five (45) hours of service shall be considered the equivalent of one (1) load credit, both for purposes of classification and compensation.
12.8.1 Members may be paid at a rate greater than the minimum for their group, at administrative discretion, except that no member shall be paid at a rate greater than $1,466 for 2005-2006. Any part-time member who was employed previously as a part-time member in Connecticut State University shall be paid in any session at a rate that is greater than the member’s rate of pay in the previous academic year by a percentage at least as large as the percentage increase in the maximum part-time rate.
12.10 Special Funds
12.10.1 Travel, Faculty Development, Research Grants, Curriculum-related Activities and Retraining Funds
For the purposes delineated in Articles 9.5 (travel), 9.6 (faculty development), 9.10 (research grants), 9.11 (curriculum-related activities), and 13.17 (retraining) there shall be an annual appropriation of $1,725,696 for 2005-2006 and annually thereafter. Said funds shall be available at the beginning of each academic year. Of this amount, 39.2% shall be available for travel, 9.4% for faculty development, 37.1% for research grants, 12.0% for curriculum-related activities, and 2.3% for retraining.
Funds initially allocated for full-time travel, faculty development or retraining which are not yet committed as of February 1 in any year may be reallocated for use in any of these three categories. Funds in each of the other categories may not be reallocated for use in any other category.
Of the funds allocated for travel and faculty development, 90% shall be available for use by full-time members, 10% for use by part-time members.
The University shall report the amounts disbursed to named individuals in each category to CSU-AAUP upon request.
Article 11
11.2 Salary for Summer Session and Intersession
Wages per load credit for full-time members shall be:
2006
Professor: $1467
Associate: $1350
Assistant: $1247
Instructor: $1143
Wages per load credit for part-time members shall be governed by Article 12.8
(D) 2006-2007 academic year: To be determined by re-opener.
4. Appendix G: The modified agreement currently in place on the “part-time faculty percentage” will remain in effect until August 24, 2007.
5. Job Security
There shall be no layoffs or non-renewals of faculty members on Regular Appointments (tenure-track) between the date of this Agreement and June 30, 2007, except where non-renewal or denial of tenure is based upon the evaluation criteria and categories set forth in Article 4 of the Collective Bargaining Agreement; or, except where management declares financial exigency pursuant to Article 17.
The parties affirm that the concept of tenure carries with it the expectation of continued employment in the absence of extraordinary circumstances and that, pursuant to Article 17, all reasonable alternatives to reduce expenses would be explored even in the event of financial exigency.
The above provision shall not apply to employees in grant-funded positions wherein funding terminates, special appointments, temporary or durational employees, or to denial of tenure or non-renewal of tenure-track appointments where such denial or non-renewal is for performance reasons. The above provision shall expire on August 24, 2007, Section 5-278a of the Connecticut General Statutes, notwithstanding.
In light of the expected impact on the bargaining unit due to the Early Retirement Incentive Program, the employer anticipates that all tenure-track faculty non-renewed for economic reasons on or about March 1, 2003 shall be reappointed. The pending grievance regarding the non-renewals of the tenure-track faculty is hereby withdrawn.
BEGINNING OF COLLECTIVE BARGAINING AGREEMENT REACHED IN 2002
Summary of 2002 – 2006 Contract Agreement
Between CSU-AAUP and CSU-BOT
Contract Term: August 23, 2002 through August 24, 2006
Wages:
2002-2003 |
2003-2004 |
2004-2005 |
2005-2006 |
5% |
5% |
Re-opener |
NA |
Overview:
· Contract is a Four-year agreement from 2002 - 2006
· Re-opener in the third year, Fall 2003, on an agreed upon limited number of issues to be negotiated and arbitrated, if necessary
· Minor language changes throughout
· All special funds i.e. Curriculum-Related Activities & Retraining Funds moved to Article 9
· 5% increase to payroll and special funds for 2002-2003 and 2003-2004
· Side Letter regarding routine monitoring of electronic mail
· Side Letter regarding PT cap
Professional Rights & Responsibilities (Article 4)
· Revisions to evaluation criterion and categories for counselors, librarians, and non-instructional athletic trainers. (4.11.9)
· Minor rearrangement and clarification of special assessment (4.13)
· Log of access to personnel file (4.14.2.3)
Faculty Participation Procedures (Article 5)
· Conference & Workshop funds (9.5) may be used to support educational exchanges (5.3.6)
Athletic Coaches and Non-Instructional Athletic Trainers (Article 6)
· Title Article applies to coaches and non-instructional athletic trainers.
· A separation clause for early termination of Head Coaches on multi-year appointments (6.2.2.1)
· New Clause -- Coaches whose contracts are renewed may be considered new appointees for purposes of salary determination provided there is no reduction in salary or rank. (6.2.3)
· Change in the minimum standards for appointment/promotion to coach and athletic trainer ranks Earned master's degree for athletic trainer and master's degree preferred for coaches. (6.3)
· New, more appropriate criterion and categories for evaluation of Non-Instructional Athletic Trainers (6.90)
· Assistant coaches who are appointed head coaches shall be considered new appointees for purposes of rank and salary. (6.10)
· New, more appropriate criterion and categories for evaluation of Counselors (7.3.1)
Librarians (Article 8)
· New, more appropriate criterion and categories for evaluation of Librarians (8.3.1)
Working Conditions (Article 9)
· Conference & Workshop Funds may be used for educational exchanges. (9.5.1)
· CSU-AAUP Research Grants may include budget of up to $5,000, an increase of $1000 from the previous contract, with no more than $2,500 as a stipend, previously the cap was set at $2000. Report will now go to Academic Vice President as well as Grants Committee (9.10)
· Curriculum-related funds and retraining funds relocated here, moved from section 10.6.5 and 13.17 (9.11-9.12)
Workload (Article 10)
· Part time Cap - a Side-Letter concerning the part-time ratio replaces this language. The parties agree that the modified agreement currently in place regarding the “part-time faculty percentage” will remain in effect until August 26, 2004. Specifically, a University may exceed the twenty percent (20%) goal by one percent (1%) for 2002-2003 and 2003 – 2004. Computation excludes part-time load credits attributable to sabbatic leave, sick leave, retraining coverage, research load credit and all reassigned time for full-time members. Reopen negotiations on full-time faculty to student ratio in September 2003. (10.8)
Compensation (Article 12)
Minimum Salaries
The minimum biweekly salaries for each year of the contract for each of the four academic ranks shall be:
2002-2003 2003-2004
Biweekly Annual
Biweekly Annual
Professor $2,442.78 $63,757 $2,516.06 $65,669
Associate 2,051.92 53,555 2,113.48 55,162
Assistant 1,661.08 43,354 1,710.91 44,655
Instructor 1,465.67 38,254 1,509.64 39,402
Maximum Salaries
The maximum biweekly salary for each year of the contract for each of the four academic ranks shall be:
2002-2003 2003-2004
Biweekly Annual Biweekly Annual
Professor $3,367.74 $87,898 $3,492.35 $91,150
Associate 2,828.91 73,835 2,933.58 76,566
Assistant 2,290.06 59,771 2,374.80 61,982
Instructor 2,020.65 52,739 2,095.42 54,690
· Part-time Member Pay Rates increase 5% for 2002-03 and 5% for 2003-04 (12.8)
· Travel, faculty development, research grants, curriculum-related activities and retraining funds increase 5% for 2002-2003 and 5% for 2003-2004. (12.10.1)
Leaves & Fringe Benefits (Article 13)
· Sabbatic leave request to the Academic Vice President as well as the sabbatic leave committee (13.7)
· Longevity base increase from 2.5% to 2.6% for 2002-2003 and from 2.6% to 2.7% for 2003-2004 (13.12.1)
Grievance Procedures (Article 15)
· In an effort to expedite the grievance process, steps in the process have been consolidated, Steps 1 and 2 of grievance procedure at the university level have been combined. (15.5.1)
· Previous Step 4 process becomes Step 3 and State University Grievance Arbitration Committee membership is reduced from 6 members (3 administrators and 3 faculty members from uninvolved campuses) to 4 members (2 administrators and 2 faculty members from uninvolved campuses) (15.5.3)
Meet and Discuss (Article 21)
· The President or designee shall meet at least monthly with the AAUP.
Term of Agreement (Article 25)
August 23, 2002 – August 24, 2006 (25.1)
· Limited reopener for negotiations commencing 9/2/03 and/or arbitration (commencing 10/13/03) on the following issues: (25.2)
· Appendix F (Affirmative Action and Sexual Harassment Complaint Procedures) (AAUP)
· Defined Term Appointments (non-tenure track for remedial classes) (BOT)
· Family & Medical Leave (AAUP)
· Full-time Faculty/Student Ratio (ratio of full-time faculty to FTE students) (AAUP)
· Longevity Base for 2004-2005, 2005-2006 (AAUP)
· Pay for Overloads (BOT)
· Role of the Academic Vice President in the P & T Process (BOT)
· Reassigned Time (reduced teaching load) (AAUP)
· Salary & Special Funds for 2004-2005, 2005-2006 (Joint)
· Salary Flexibility (Exceed maxima for designated fields) (BOT)
· Date to commence Negotiations for Successor Agreement (Joint)
Distribution of Agreement (Article 26)
· CSU-AAUP to provide professional indexing of Agreement
4. Special or noteworthy happenings (e.g., relevant arbitration or court decisions, organizing campaigns, labor agency decisions, etc.)
5. Special happenings related to fiscal issues (e.g., salary reductions, health and dental insurance costs, reductions in force, early retirement programs, program consolidation or elimination, etc.):
Connecticut statutes provide that the state and the coalition of state employee unions, SEBAC, bargain collectively over retirement benefits and health insurance. Early this calendar year, however, the Governor proposed and the legislature approved a retirement incentive program (ERIP) without negotiating with SEBAC. SEBAC has filed suit against the Governor alleging that the layoffs were discriminatory against bargaining units that did not support his gubernatorial campaign and for the implementation of the ERIP without negotiations.
ERIP Summary:
1. Eligibility: Those employees who transition directly from employment to retirement, except as provided in No. 7 below who are:
a. 52 or older with 10 or more years of actual state service;
b. Hazardous Duty members with 20 or more years of actual state service
2. Effective Date:
a. March 1, April 1, May 1 or June 1, 2003
b. Extensions for up to June 1, 2004, on a case-by-case basis, for hazardous duty members, employees in the Comptroller’s Office - retirement division and OPM – budget division. Procedure to request extensions will be developed by OPM and requests require their approval.
3. Incentive:
a. Up to three (3) additional years of age or service (or combination) with years added to age first until the member reaches age 55
b. Hazardous duty members receive three (3) additional years of service credit
4. Exclusions: Not available to employees eligible for
a. terminated vested benefits; or
b. disability retirement benefits
5. Payment for Unused Sick and Vacation: Payment in accordance with existing rules delayed to
a. One-third on July 1, 2005;
b. One-third on July 1, 2006
c. One-third on July 1, 2007
6. Employees laid off between November 1, 2002 and March 1, 2003: Employees who were laid off or whose position was abolished between November 1, 2002 and March 1, 2003 who would otherwise have been eligible for the program will be eligible for the program with benefits beginning March 1, 2003.
7. Refills: OPM will develop guidelines and procedures for necessary replacements for workers in positions vacated under the program. Additional directions will be forthcoming.
Early Retirement Incentive Program lEGISLATION– 2003
(b)
There shall be an Early Retirement Incentive Program (ERIP) offered to
full-time and part-time state employees, as described below, in addition to the
normal retirement program.
A. Eligibility Rules.
The following members of the State Employees Retirement System (SERS) shall be
eligible to participate in the program:
1. All state employees who will be at least fifty-two years of age on or before
May 31, 2003, and who retire directly from employment and begin immediately
receiving normal or early retirement benefits under Tier I, Tier II or Tier IIA
and whose effective date of retirement is from March 1, 2003, to June 1, 2003,
inclusive;
2. Who have at least ten years of actual state service in the SERS; and
3. In the case of hazardous duty employees, a minimum of twenty years of actual
state service in the SERS.
B. Effective Date of
Retirement.
All retirements under the program shall be effective March 1, 2003, April 1, 2003, May 1, 2003, or June 1, 2003. At the state's
option, the effective date of any retirement may be deferred on a case by case
basis to not later than June 1, 2004, for hazardous duty members, employees of
the retirement division of the Office of the State Comptroller, and employees
of the budget division of the Office of Policy and Management. Requests to
defer retirement shall be made in writing to the member with copies to the
appropriate bargaining unit representative. If the state requests any such
member or employee to stay beyond May 31, 2003, and the employee
refuses to do so, the employee shall continue to be eligible for the ERIP.
C. Incentive.
An individual who is eligible for the ERIP shall be permitted to add up to
three years to age or up to three years to service, or any combination not to
exceed three years in total. The credit shall first be added to age until it
reaches age fifty-five. Hazardous duty members shall have the credit added to
their service. Incentive years shall only be used in whole units of one month.
D. Restrictions.
1. For purposes of this program, a full-time employee is one who works
thirty-five or more hours per week.
2. Actual age shall be used in calculation of all related benefits including,
but not limited to, Plan B reductions and Group Life Insurance. Actual paid
wages, not projected wages, shall be used in all benefit calculations. Accrued
vacation days at the date of retirement shall be credited as increased service
time.
3. Disability retirement and employees eligible for terminated vested
retirement benefits are excluded from this program.
E. Payment for Unused
Sick and Vacation Days.
1. Any employee participating in the incentive program shall be eligible for
payment of accrued sick days and for the balance of vacation leave in
accordance with existing rules, modified as follows: One-third of the amount
owed such employee on July
1, 2005;
one-third of such amount on July 1, 2006, and one-third of such amount on July 1, 2007.
2. The state may, at its option, make the payment in one installment on or
before July 2005, if the amount of the payment is less than $ 2,000.
F. Labor Force Refills.
1. The Secretary of the Office of Policy and Management shall ensure that the
total number of positions refilled pursuant to the Early Retirement Incentive
Program, or filled for any other purpose, from March 1, 2003, to June 30, 2004, inclusive, shall be
at least 2,000 positions.
2. For the purposes of paragraphs 1. and 3. of this part, represented positions
shall first be offered to employees laid off on or after December 1, 2002. Such
positions shall first be offered to such employees who have reemployment or
SEBAC rights to positions, and then to such other employees who are otherwise
qualified for such positions.
3. For the fiscal years ending June 30, 2004, and June 30, 2005, up to 80% of
positions vacated in any employer unit as a result of ERIP may be refilled,
provided, of the positions refilled, at least 70% must be positions classified
as essential positions and not more than 30% may be positions classified as
non-essential positions.
G. Applicability to
Former Employees.
An employee who was laid off or whose position was abolished between November
1, 2002, and May 31, 2003, who would otherwise have been eligible for the Early
Retirement Incentive Program shall be eligible to receive the benefits of the
plan beginning March 1, 2003, if such employee is at least fifty-two years of
age. If an employee who was laid off or whose position was abolished attains
the age of fifty-two prior to May 31, 2003, such employee shall be eligible for
the ERIP on the first day of the month following the month of such employee's birthday.
Any such employee who retires shall not be rehired. If such employee has
received payment for accrued vacation and sick leave, such employee shall not
be required to repay such amount in order to be eligible for ERIP.