Summary of Settlement
Article I, Recognition of Unit
Article II, Non-Discrimination
Article III, Affirmative Action
Article V, Association Privilege
Article VI, Definition of Ranks
Article VII, Appointments
Article VIII, Promotion and Tenure
Article IX, Dismissal and Suspension
Article X, Annual Reappointment and Non-reappointment
Article XI, Department Chairpersons
Article XII, Academic Governance
Article XIII, Personnel File
Article XIV, Lay-off
Article XV, Professional Athletic Staff
Article XVI, Part-time Faculty
Article XVII, Evaluation
Article XVIII, Past Practices
Article XIX, Management Rights
Article XX, Agency Rights
Article XXI, Grievance and Arbitration
Article XXII, General Working Conditions
Article XXIV, New Article - University Responsibility
for Legal Demands on Faculty
Article XXV, Open Classroom
Article XXVI, Workload
Article XXVII, Outside Employment
Article XXVIII, Faculty Development
Article XXIX, Patent Policy
Article XXX, Sick Leave
Article XXXI, Compensation and Employee Benefits
Article XXXII, Salary Adjustment
Article XXXIII, Retirement
Article XXXIV, Transfer of Faculty
Article XXXV, Separability
Article XXXVI, Length of Contract
Article XXXVII, Enforceability
What follows is a summary of the
substantive changes negotiated this summer. As always this settlement
is a total package which must either be approved or rejected as a whole.
No major changes, change of titles to keep consistent
with changes in administrative structure in the library, athletic department
and the demise of the Military Science Department.
No changes.
No changes.
1. For reasons of clarity, some elements of this Article
were moved to Promotion and Tenure while others were moved to Appointments.
2. Elements of this Article relevant only to the merger with Westminster, which are no longer operative, were removed.
3. All newly tenured faculty will hold at least
the rank of Associate Professor.
2. Includes language on "Tentative Authorization to Fill a Vacancy". (The University may authorize the filling of positions on a tentative basis but this is to occur rarely.
3. The University is required after one year to replace a departing faculty member unless the department's total teaching load is reduced by 3 or more sections. The replacement shall be hired in the same department as the departing faculty member unless that department has fewer than 30% of its sections being taught on an overload or adjunct basis. In that case the dean may assign the line to a department where more than 30% of all sections are being taught on an overload or adjunct basis.
4. The awarding of faculty status to an academic administrator will not entitle that administrator to a full-time tenure track position.
5. Only bargaining unit members may supervise non-faculty teaching.
1. Article is re-ordered for clarity and to include
relevant sections that are now in definitions of rank.
2. A preamble has been added that clearly spells out the obligation of all parties involved in the process. The intent here is not to change existing contract or practice, but to clarify both.
3. The number of alternates at Westminster Choir College is to be increased to three- (3).
4. Provost and Associate Provost will not participate at the departmental level.
5. Clarifies that only adjunct faculty members are to be evaluated by the Dean of Continuing Studies.
6. Clarifies that the APC holds the elections for bargaining unit members of their school or college.
7. Clarifies that the confidentiality clause is meant to keep the details of a candidate's case from becoming common knowledge. It is not meant to keep the candidate from being provided with the information and help necessary to carry out an appeal, or to keep the AAUP from carrying out its duties as agent.
8. The "Exceptional circumstances" clause clarified so it makes clear that "exceptional" refers to professional achievements and not life circumstances. Further, a candidate lacking the appropriate terminal qualification will be awarded tenure only when a majority of his/her department and the Promotion and Tenure Committee have found that such exceptional circumstances exist and have recommended tenure to the Board of Trustees.
9." Value" clarified so that it is clear that this category refers to "contributions a candidate has made to his/her department, program collage/school and the University beyond the classroom and his/her scholarly activities."
10. The following sentence is added to all references to scholarly activity: "Scholarly activity shall be understood to include creative and artistic endeavors, including but not limited to: writing, composing, painting, sculpting, producing or performing when appropriate to the candidates discipline."
11. Clarifies that individuals apply for promotion and tenure through the department, in which they were hired or transferred to.
12. Candidates will be held to the standards and criteria for tenure in place when they were initially hired unless they choose to come under the new criteria.
13. Candidates for promotion and or tenure may not be required to submit student course evaluations, but if they choose to submit evaluations from a particular semester they must submit all such evaluations from that semester.
14. In reviewing a candidate for promotion and or tenure "consideration shall be given to the candidate's career, as a whole, as well as accomplishments occurring since the last promotion".
15. If the Board of Trustees appeals committee finds that there was a procedural error in a promotion and or tenure case it may remand the case back to the Promotion and Tenure Committee for further review.
1. For purposes of annual review bargaining
unit members with an effective hire date other than September 1 shall be
deemed to have begun employment on the following September 1.
1. Article to be re-titled "Department Chairpersons/Program
Directors".
2. A chairperson is defined as an individual who leads an academic unit in which there are at least two tenured or tenure-track faculty who have been appointed or transferred to that unit by the procedures outlined under either the Appointment or Transfer articles of the Agreement.
3. A program director is defined as "the lead person of a major, minor, or course of study not housed within a department." Program directors are members of the bargaining unit.
4. Program directors to be chosen and reviewed in the
same manner as department chairpersons.
2. Programs may offer a major as well as a minor.
3. Programs shall be internally governed in the same manner as departments.
4. Programs established prior to September 1, 1999 shall be deemed to have been reviewed and approved without going through the new procedure, except for clarification of who are the faculty of the program.
5. The Dean of the Libraries will review the library acquisition budgets with the UAPC prior to the approval of those budgets.
6. APC's will have jurisdiction over requirements for "tracks and certifications".
7. The Provost and the registrar are to receive copies of proposed policy changes.
8. The University may implement a policy rejected by the appropriate APC if the implementation of such policy is necessary to resolve conflicts with the law, governmental licensure requirements, requirements of the University's general accreditation agency or the Agreement.
9. The Library APC will no longer have primary responsibility for "development of priorities for professional activities" or "editorial review of library public relations printed material".
1. "Cause" for lay-off will revert to the language
in the1994-97 Agreement.
2. Initial notification of lay-off to move from Oct. 15 to Oct. 31.
1. Addition of language agreed to in a memorandum
of understanding clarifying professional athletic staff ten-month contract.
2. Head coaches to receive notification of their yearly budgets by the beginning of the fiscal year.
3. Addition of Women's Soccer and Baseball as sports that
must be provided with Assistant Coaches and
the combining of Men and Women's intramural activities.
4. A full-time athletic staff member who is not reappointed may, at the University's discretion, receive monthly income equal to their salary for up two years in lieu of the two years notice specified in the present contract. During the first year of payments the non-reappointed coach will receive his/her monthly salary regardless of whether they have found other employment. In the second year monthly payments will continue until the end of the year or until the individual has other employment. If the non-reappointed individual does get other employment where the salary is less than his/her Rider salary he/she will receive monthly payments sufficient to make up the difference for that year.
5. The Vice President for Planning will replace the President in Annual Reappointment and Non-Reappointment of Athletic Staff.
6. The Vice President for Planning and one additional full time professional athletic staff member will be added to the Athletic Staff Promotion committee.
7. With the agreement of 2/3 of the full-time professional athletic staff and the Athletic Director an Assistant Coach may be promoted to Head Coach without a search and that promotion shall for purposes of salary negotiation be treated as a new hire.
8. Professional Athletic Staff members may apply for promotion to Athletic Staff II after completing a minimum of three years of service.
9. "Exceptional circumstances" in lieu of the Masters degree clarified so that applies to exceptional professional accomplishments and not life circumstances.
10. The tasks that may be assigned to coaches in their
off season was clarified with the following language:
"The University may assign an otherwise unassigned full-time
professional athletic staff member who coaches one sport to other professional
tasks that would normally fall within the bargaining unit work of the Professional
Athletic Staff. Such assignments will not include work that is presently
or normally the responsibility of administrative members of the Athletic
Department such as event management or responsibility for facilities. Nor
shall such assignments occur during the coach's season as defined in J
below. Such assignments may include, but are not limited to, such tasks
as assisting other coaches in recruiting, booster activities, away match
arrangements, assisting the trainers (but no coach who is not appropriately
certified by the National Athletic Trainer Association will be assigned
duties as a trainer) and overseeing intramural activities.
1. Changed title of article to Adjunct Faculty.
2. Reorganized article so it follows a logical order.
3. Created a new seniority pool of adjunct faculty (preferred appointment status) who will be offered courses after priority adjunct faculty have received their courses. This new section includes the following elements:
a. Evaluation of new adjunct faculty on a regular basis.
b. Basis for evaluation to be "effective teaching".
c. After 12 courses within six years adjunct faculty would enter into this new seniority pool. The count will be retroactive to Sept. 1,1993.
d. Summer teaching will count towards
eligibility.
4. Priority adjunct faculty may be granted up to a one-year break in service without loss of priority appointment status.
5. Rules for priority adjunct status to remain unchanged except that the decision must be based solely on the evaluation of teaching and summer teaching will count towards the running average of 12 credits per year needed to achieve and maintain this status.
6. No adjunct faculty member shall be denied the opportunity to teach a course for the purpose of denying her/him the opportunity to subsequently achieve preferred or priority appointment status.
1. The Dean may open a faculty members course evaluations
when he/she has either selective reason for doing so, or when from
time to time he/she is reviewing all such evaluations. The Dean would under
those circumstances notify the faculty member/s in writing, with reasons,
that he was opening the evaluations. A copy of this notice would be sent
to the AAUP.
No changes.
No changes.
1. Arbitration will follow the American Arbitration
Association rules for labor arbitration.
2. The expedited arbitration clause will be utilized only when the AAUP has a good faith believe that its interests face immediate and irreparable harm.
3. The University may not file grievances.
1. All full-time bargaining unit members will have
private offices.
2. All full-time bargaining unit members will be supplied a computer workstation that meets OIT's minimum standards.
3. Use of whatever name one wishes to use in the staff directory.
4. There will be no reduction in present level of secretarial support. Secretaries will be designated for the exclusive use of bargaining unit members and chairs.
5. Extension of the photocopier availability rule to the Westminster campus.
6. Inclusion of a "computer projection system" to the list of equipment which will be made available on 48 hours notice.
7. Environmental audit of Talbott Library.
8. Outside management of the University Store to conform to all relevant sections of the Agreement and all relevant arbitrator's awards.
9. Bargaining unit members will be able to list a second e-mail address in the staff directory. The existence of a second address will be noted by the person's name and be listed in the back of the directory.
10. There will be a joint AAUP/ University committee to study Library carrels.
11. The Agreement will state that the chairperson supervises the departmental secretary.
No changes.
1. Incorporation of "Programs" into the workload process
in the same manner and with the same rights as Departments.
2. Faculty may teach courses outside of their own Department in-load with the mutual agreement of the faculty member's department and the department or program in which they are going to teach.
3. Rights and obligation in relation to Distance Learning.
a. A Distance Learning course is any course where communication at a distance between teacher and student substitutes in part or in whole for the normal face to face classroom contact.
b. All such courses must be approved by the department/program and by the appropriate APC. This review will occur even when the proposed Distance Learning course is a section of an already existing and approved course.
c. No faculty member will be required to develop or teach a Distance Learning course.
d. The faculty member will have the same responsibility for the selection and presentation of materials and points of view in a Distance Learning course as he/she would have in a traditional course.
e. Enrollment maximums for Distance Learning Courses will be no greater than for the same or similar level courses offered by that department or program.
f. Distance Learning courses will be credited as separate preparations.
g. Any recording of a Distance Learning course will occur only with the instructor's permission and such recording will remain the property of the instructor.
4. Courses will not be canceled for lack of enrollment
until at least one week after the registration period and the faculty member
has been offered an opportunity to discuss the cancellation with the Dean.
5. WCC Workload.
a. Workload of faculty assigned to departments in Westminster Choir College will be reduced to 12 credits per term beginning Sept. 1, 2001.
b. The ratio of applied to classroom hours is presently 1.6 to 1; it will be reduced to 1.5 to 1 beginning Sept. 1, 2001.
c. The University and the AAUP shall establish a joint committee to study
the feasibility of further reductions in the WCC teaching load. The report
of the committee will not be binding on either side in future negotiations
on this question.
6. Staffing and the acquisition budget at Talbott Library to be studied by an outside consultant.
7. Library faculty to go onto a ten-month contract based
on a 205-day work year.
2. Substitution of the phrase "other institutions offering post secondary education" for " institution of higher education"
3.The University may request expedited arbitration where it alleges violation of this article.
1. The name of the committee is changed to "The Faculty
Development Committee".
2. There will be 14 research leaves.
3. A new category of "Development" leaves has been created for faculty development other than scholarly research, writing, or creative projects. Such development projects would include but would not be limited to study within the bargaining unit member's area of expertise, mastering of new disciplinary subject matter and/or techniques and curriculum development. There will be three- (3) such leaves available in 2000-01 and four (4) in 2001-02. The process for awarding these leaves will be the same as for the present research leaves.
4. There will be thirty- (30) summer fellowships.
5. There will be a new category of "Developmental" summer fellowship to be granted for faculty development other than scholarly research, writing or creative projects. Such summer projects would include but not be limited to study within the bargaining unit member's area of expertise, mastering of new disciplinary subject matter and/or techniques and curriculum development. There will be three such fellowships available during summer 2000 and summer 2001, and four during summer 2002. The process for awarding these fellowships will be the same as the present summer fellowships. The stipend for all summer fellowships will increase by the across the board percentage for that year.
6. In accordance with an existing Memorandum of Understanding, library faculty will be granted more flexibility in when they may start a leave.
7. The existing restrictions on unpaid leaves are removed from the Agreement. Presently they are restricted to "research or advanced study that is not connected with the earning of an advanced or professional degree".
8. The moneys available in the Faculty Travel Fund will increase to $150,000 in 1999-00 to $155,000 in 2000-01 and to $160,000 in 2001-02. The amount of initial reimbursement will be $1100 in 1999-00 $1150 in 2000-01 and $1200 in 2001-02. In addition reimbursement for participation in "structural workshops, seminars and clinics." is now available from this fund.
8. The fund for "Reimbursements for Expenses Associated with Scholarly Study..." will be $13,000 in 1999-00, $13,500 in 2000-01 and $14,000 in 2001-02. In addition "final preparation of manuscripts' is now listed as one of the types of expenses that may be reimbursed from this fund.
9. The University has agreed to take appropriate steps
to establish and fund on campus training and development projects. No specific
fund or process has been established for this purpose.
1. Change title to "Intellectual Property".
2. The bargaining unit creators of intellectual property, in all its forms, shall be the owners of that property, except when a bargaining unit member and the University enter into a specific agreement to create such intellectual property or the University provides "substantial or unusual funds, facilities or opportunities which the bargaining unit member would not ordinarily be entitled to have for any chosen project". Under those circumstances, the property will be jointly owned by the bargaining unit member and the University with the relative share to be agreed upon between the University and the bargaining unit member. Ownership of intellectual property that is developed in the course of or pursuant to a third party agreement to which the University is party shall be determined in accordance with the terms of that third party agreement. In the absence of such terms assigning ownership under a third party agreement the University will share in ownership only if the terms of such an agreement directly or indirectly create a significant University monetary obligation in which case the specific division of ownership will be worked out between the bargaining unit member and the University on a case by case basis.
3. "Ownership of the names "Rider University" and "Rider Broncos/Broncs" and their related logos are the registered trademarks and service marks of Rider University. While a member of the bargaining unit may normally identify him or herself as affiliated with Rider University when engaged in personal consulting, the use of the University name, trademarks and service marks may not be used in personal publicity, press releases, advertising, or product promotions without the prior written approval of the Provost.
No changes.
1. All special references to "Westminster Choir College"
are removed from this article.
2. All salaries and all salary rates will be increased by 3% in 1999-00, by 3.5% in 2000-01and 4% in 2001-02. All increase effective as of Sept. 1.
3. The only exception to the above is that the rate for part-time seasonal athletic staff will increase to $330 per week in 19999-00, $335 per week in 2000-01 and $340 per week in 2001-02.
4. Adjunct faculty who teach on a semester to semester basis will receive their regular rate when they teach in the summer semesters.
5.Benefits
a. Reimbursement for diagnostic tests will increase to $800 in 1999-00, $850 in 2000-01and $900 in 2001-02.
b. Reimbursement for wellness care will increase to $200 in 1999-00, to $250 in 2000-01 and $300 in 2001-02.
c. Yearly maximum for coverage will be specified as unlimited as is the case with the lifetime limit.
d. Exclusions in the present plan limiting coverage for contagious diseases and care in government hospitals will be removed.
g. The number of days of coverage for inpatient mental health care will increase from the present 30 to 60 in 1999-00 ad to 75 in 2001-02.
h. Life insurance and disability maximums will be set annually in order to insure full coverage for the highest paid bargaining unit member.
i. The University contribution to TIAA-CREF accounts will increase to 7.75% in 2001-02.
j. Priority appointment adjunct faculty will be covered by the sick leave policy in the same manner as full time faculty during the periods of their employment.
No changes.
1. Article title to be changed to "Voluntary Separation".
2. Full time bargaining unit members who will have attained age 60 by June 30 2000 and who have by that date 10 years of service with the University are eligible for a voluntary separation incentive. If such full time bargaining unit member agrees to leave the University's employ by June 30 2000 the University will provide the bargaining unit member with a payout equal to 125% of his/her 1999-00 base salary. Such pay out will be made in three equal installments on Sept. 1 2000, Sept. 1 2001 and Sept. 1 2002 unless the bargaining unit member and the University agree on some other method of pay out. In addition the bargaining unit members medical coverage will be paid by the University until age 70. Statements of intent to leave University employment under this plan must be received by March 15 2000 and are irrevocable.
3. Full time bargaining unit members who will have attained
age 60 by June 30 2001 and who have by that date 10 years of service with
the University are eligible for a voluntary separation incentive. If such
full time bargaining unit member agrees to leave the University's employ
by June 30, 2001 the University will provide the bargaining unit member
with a payout equal to 100% of his/her 2000-01 base salary. Such pay out
will be made in three equal installments on Sept. 1, 2001. Sept. 1, 2002
and Sept. 1 2003 unless the bargaining unit member and the University agree
on some other method of pay out. In addition the University will pay the
bargaining unit member's medical coverage until age 70. Statements of intent
to leave University employ under this plan must be received by March 15,
2001 and are irrevocable.
No changes.
Three years.
No changes.