can lecturers vote in department chair elections? file2 the answer is not all in one place, so this...
TRANSCRIPT
1
“The Mystery of the Missing Votes”
Can Lecturers Vote in Department Chair
Elections?A Mini‐Series in 6 Episodes
Faculty Senate Retreat, AY 2017‐2018
August 23, 2017
California State University, Sacramento
Julian HeatherChair, Faculty Senate
Hellen LeeChair, Faculty Policies Comm.
Reza PeigahiChair, GE/GRPC [email protected]
Who is eligible to vote in Department Chair
Elections?
Maybe a better question is this:
Faculty Senate Retreat August 23, 2017
Attachment: FS 17/18-3
2
The answer is not all in one place, so this will require some detective work.
Episode 1: The Legal Stuff
Let’s start with the CBA.
3
The CBA is our Collective Bargaining Agreement.
“The Contract” “The MOU”
CBA PREAMBLEThis 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).
(See Appendix 1.)
That was too much text for a PP slide. So, again, what is the CBA?
And, why does it matter anyway?
As the Preamble states:
“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.”
• In other words, it is a legal contract between the California State
University and the California Faculty Association (CFA).
• The CBA sets the “terms and conditions” of our work.
• The CBA lays out the minimum rights and responsibilities of our jobs.
4
Episode 2: Definitions of Terms
Who is eligible to vote in Department Chair
Elections?
Back to our question:
5
Definition: Department Chair (Workload)From the 2014‐2017 Collective Bargaining Agreement, extended to June 2018.
“Department chairs shall normally be selected from the
list of tenured or probationary faculty employees
recommended by the department for the assignment.”
(CBA, Article 20, Section 30, emphasis added)
(See Appendix 1.)
So, if Departments recommend the Department Chair,
what exactly is a Department?
Definition: Department From the 2014‐2017 Collective Bargaining Agreement, extended to June 2018.
“Department – The term ‘department’ as used in
this Agreement means the faculty unit employees
within an academic department or other equivalent
administrative unit”
(CBA, Article 2, Section 12, emphasis added).
(See Appendix 1.)
6
So, if a Department is comprised of “faculty unit employees,”
what exactly is a
faculty unit employee?
Is that limited to tenure‐line faculty?
Definition: Faculty Unit Employee From the 2014‐2017 Collective Bargaining Agreement, extended to June 2018.
“Faculty Unit Employee –
The term ‘faculty unit
employee’ or ‘employee’
as used in this Agreement
refers to a bargaining unit
member who is a:
(See Appendix 1.)
• 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.”
(CBA, Article 2, Section 13).
All the definitions on one page
• “Department chairs shall normally be selected from the list of tenured or probationary
faculty employees recommended by the department for the assignment” (20.30, emphasis
added).
• “Department – The term ‘department’ as used in this Agreement means the faculty unit
employees within an academic department or other equivalent administrative unit” (2.12,
emphasis added).
• “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” (2.13).
(See Appendices 1‐3.)
7
If we follow the clues (or definitions), we find that:
Department Chairs are
Selected From:
• The pool of tenure‐line faculty within a Department.
Department Chairs are
Selected By:
• Recommended, typically by election, by the Department.
• Departments are comprised by “faculty unit employees.”
• “Faculty unit employees” include tenure‐line and non‐tenure line faculty, coaches and counselors, librarians and all other faculty.
Episode 3: Campus and CSU Policies
Um, doesn’t the Campus have a policy about this?
Yes, we do.
8
Definition: Department Chair Election From the University Policy Manual, “Department/Division Chair, Role and Responsibility,”
Policy File Number UMD03150.htm, Effective Date November 9, 1989 .
Only full‐time probationary or tenured faculty shall be eligible
to serve as department chairs. Department chairs shall be
nominated by secret ballot by a majority vote in an election in
which at least all tenured and probationary faculty members of
the department, including those on the Faculty Early Retirement
Program (FERP), and those on leave, are eligible to vote. In
accordance with the Unit 3 M.O.U., only Unit 3 faculty members
in the department may be allowed to vote.”
(See Appendix 2.)
Um, what is a Unit 3 employee?
Glad you asked.
Definition: Unit 3 Employee From the California State University Human Resources website,
http://www.calstate.edu/hr/employee‐relations/bargaining‐agreements/
Collective bargaining agreements (CBAs) establish terms of employment (benefits, compensation, etc.) between employee unions and employers. Labor and Employee Relations negotiates collective bargaining agreements with CSU employee unions to provide superior career opportunities in order to cultivate and maintain a talented, highly skilled workforce. We also support campus labor relations departments in interpreting and administering current collective bargaining agreements.
This section provides a record of the CSU's current collective bargaining agreements (CBAs). Current CBAs are published as soon as they become available.
• Unit 1 ‐ Union of American Physicians and Dentists (UAPD)
• Unit 2, 5, 7 and 9 ‐ California State University Employees Union (CSUEU)
• Unit 3 ‐ California Faculty Association (CFA)
• Unit 4 ‐ Academic Professionals of California (APC)
• Unit 6 ‐ State Employees Trades Council (SETC)
• Unit 8 ‐ Statewide University Police Association (SUPA)
• Unit 10 ‐ International Union of Operating Engineers (IUOE)
• Unit 11 ‐ Academic Student Employees (UAW)
• Unit 13 ‐ CSUEU English Language Program Instructors, CSU Los Angeles
(See Appendix 6.)
9
Have you been following the clues?
Because these folks are all eligible voters in Department Chair
elections per the CBA:
• 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.
And, because these folks are
all eligible voters in Department Chair
elections per the UPM:
• At least all tenured and
probationary faculty members of
the department, including:
• Those on the Faculty Early
Retirement Program (FERP),
• Those on leave, and
• Unit 3 faculty members.
Can Lecturers Vote in Department Chair
Elections?
10
Can Lecturers Vote in Department Chair
Elections?
Yes. They are Unit 3 faculty employees.
Episode 4: Implementing Compliance
11
Since we’ve established that, according to the CBA, Lecturers are eligible to vote in department chair electionsAND we are currently out of compliance with the CBA,
the question now is:
How will we implement lecturer voting rights in Dept Chair elections on our campus
so we can be in compliance?
Let’s go back to the Preamble of the CBA:
“The CSU and CFA recognize the unique roles and responsibilities of the
Academic Senate(s).”
Therefore, it is up to the Faculty Senate
to determine a policy for our campus
to be in compliance with the CBA.
12
What is the crux of the 2016‐2017 FPC proposal ?
• The proposal to amend the current policy, which is not out of compliance
de jure with the CBA—but our campus practice is out of compliance de
facto—will explicitly grant Lecturers the right to participate in Department
Chair elections.
• Lecturers will be allotted one‐half vote if teaching appointment is
less than 7.5 weighted teaching units (WTU) in the semester
in which an election takes place.
• Lecturers will be allotted a full vote if teaching appointment is
7.5 WTU or more in the semester in which an election takes place.
• It also cleans up some out‐of‐date language (“college” instead of “school,”
“CBA” instead of “MOU,” etc.)
(See Appendix 5.)
What other possibilities did FPC consider before settling on this half/full vote option?
• 20% vote for each 3‐unit class appointment. (15 WTU is the standard, full‐time
work assignment)
• 25% vote based on appointment: 25% for 0‐3.75 WTU; 50% for 3.76 to 7.5
WTU; 75% for less than 7.51 to 11.25 WTU; and 100% for 11.26 to 15 WTU.
• Apportioned to WTU appointment, broken down by 15 separate percentages.
• Full vote, regardless of appointment.
• 50% vote, regardless of appointment.
FPC rejected them because elections are held by secret ballot to protect the
identity of the voter and many of these schemes have the probability of nullifying
the anonymity of a vote.
What are some possibilities considered by last year’s senate?
• Apportioned vote for lecturer faculty based on appointment (not actual assignment) in given semester.
• Apportioned vote for all faculty unit employees based on WTU assigned in given semester, to include any reassigned time.
• Home Rule: Let each department decide how it wants to apportion voting.
13
Episode 5: Timeline and Main Points
TIMELINE
AY 2015‐2016
10/21/15 Sac State’s Faculty Policies Committee (FPC) begins research on the Fresno Arbitration Agreement.
11/4/15 FPC investigates how other campus comply,reviews the University Policy Manual and CBA and collects data from several departments with asymmetrical tenure‐line/non‐tenure line facultycomposition.
11/18/15 Proposed language to be circulated among various departments with asymmetrical tenure‐line/non‐tenure line faculty composition.
12/1/15 Draft language completed and under revision.
3/16/16 Draft language of proposal further revised.
3/29/16 FPC submits to Senate Executive Committee: “Role and Responsibility of the Department/Division Chair Policy, Amendment of AS 89‐66/FA”; FS 15/16‐XX/FPC/EX.
4/14/16 Executive Committee refers to UARTP for review.
TIMELINE
AY 2016‐2017
10/17/16 Review of “Role and Responsibility of the Department/Division Chair Policy, Amendment of AS 89‐66/FA”; FS 15/16‐XX/FPC/EX” delayed due to absence of UARTP Committee Chair
11/7/16 University Counsel invited to meet with UARTP.
11/21/16 UARTP discuss draft response.
3/6/17 Response completed and forwarded to Senate Chair.
3/30/17 First Reading item on the Faculty Senate agenda, “Role and Responsibility of the Department/Division Chair Policy, Amendment of AS 89‐66/FA,” FS 16/17‐139/FPC/EX
4/20/17 Returns as Second Reading item, amended.
5/4/17 Returns as Second Reading item, amended two more times.
5/11/17 Returns as Second Reading item, time runs out while still in debate.
6/12/17 Senate Executive Committee refers to FPC to review and resubmit item.
14
What is likely to come before the Senate in AY 2017‐2018
The original proposal submitted by FPC that appeared in Senate on March 30, 2017.
All amendments from last year’s Senate
have been retired.
Episode 6: Recap and Credits
RECAP AND CONCLUSIONWho may vote in Dept Chair Elections?
Dept. Chairs are selected among tenure‐line
faculty by Departments
Depts are made up of Unit‐3, Faculty Employee Units
(FEU)
FEUs include: Coaches,
Counselors, FERPers, Lecturers,
Librarians, andTenure‐Line
15
Who decides how to decide process?
CSU and CFA recognize the role of Senates to participate in shared governance on their campuses
Faculty Senate is the body which stands in for all faculty at Sac State
It’s up to us to establish a
minimum standard for our campus.
References
“Applause.” Hotel Room Search. http://www.hotelroomsearch.net/im/hotels/gr/applause‐5.png.
“Benedict Cumberpatch as Sherlock Holmes.” Independent. http://www.independent.co.uk/arts‐entertainment/tv/reviews/tv‐review‐intelligence‐humour‐and‐obscure‐fanboy‐references‐galore‐as‐sherlock‐finale‐delivers‐the‐9054365.html
“Collective Bargaining Agreement (Contract) 2014‐2017.” California Faculty Association. http://www.calfac.org/resource/collective‐bargaining‐agreement‐contract‐2014‐2017
“Department/Division Chair, Role and Responsibility of the.” Nov. 9, 1989. University Policy Manual. California State University, Sacramento. Sacramento, California. http://www.csus.edu/umanual/acad/umd03150.htm
“Detective hat.” Shutterstock.
“Green Hourglass.” Pinterest. https://www.pinterest.com/pin/535787686889448803/
Huff, Nolan. “Keep Calm and Think.” Deviant Art. http://nolan‐huff.deviantart.com/art/SHERLOCK‐398341425
“Minutes.” Executive Committee, Faculty Senate. California State University, Sacramento. Sacramento, California. Date range, Apr. 14, 2016 through May 11, 2017.
“Minutes.” Faculty Policies Committee, Faculty Senate. California State University, Sacramento. Sacramento, California. Date range, Oct. 21, 2015 through Mar. 14, 2016.
“Minutes.” Faculty Senate. California State University, Sacramento. Sacramento, California. Date range, Mar. 20, 2017 through May 11, 2017.
“Minutes.” University Appointment, Retention, Tenure and Promotion Committee, Faculty Senate. California State University, Sacramento. Sacramento, California. Date range, Oct. 17, 2016 through Mar. 6, 2017.
“Role and Responsibility of the Department/Division Chair Policy, Amendment of AS 89‐66/FA,” FS 16/17‐139/FPC/EX. Faculty Senate. California State University, Sacramento. Sacramento, California. 2017.
“Sherlock Holmes.” Queen City Escape. http://www.queencityescape.com/top‐9‐sherlock‐holmes‐stories/
“That’s How You Deduce, Baby, Whooah.” Memegenerator. https://memegenerator.net/instance/57837203/sherlock‐holmes‐robert‐downey‐jr‐thats‐how‐you‐deduce‐baby‐whoooah
“Unit 3—Faculty.” Collective Bargaining Agreement between the Board of Trustees of the California State University and the California Faculty Association. http://www.calstate.edu/hr/employee‐relations/bargaining‐agreements/contracts/cfa/2014‐2017/CFA_CBA_2014‐17_final_ext%202018.pdf
Thank you.Julian HeatherChair, Faculty Senate
Hellen LeeChair, Faculty Policies Comm.
Reza PeigahiChair, GE/GRPC Comm.