Article
7
PERFORMANCE OF BARGAINING UNIT WORK
A. Preamble
No bargaining unit work may be
assigned to another person except as provided in this Article.
B. ACADEMIC FACULTY and ADMINISTRATIVE
FACULTY
1. Members
of the ADMINISTRATIVE FACULTY may perform teaching duties as part of their
professional responsibilities.
2. Members
of the ADMINISTRATIVE FACULTY who perform teaching duties shall be evaluated
with respect to such teaching duties in the same manner as ACADEMIC FACULTY
MEMBERS.
3. ACADEMIC
FACULTY MEMBERS performing professional duties of the ADMINISTRATIVE FACULTY
shall be evaluated in the same manner as members of the ADMINISTRATIVE FACULTY.
4. Subject
to the approval of the President and the majority secret ballot of the regular
full-time FACULTY in the receiving department, members of the ADMINISTRATIVE
FACULTY shall have the right to return to full-time teaching positions within
departments in which they have formerly taught.
5. Members
of the ADMINISTRATIVE FACULTY, who in the opinion of the President have the
requisite qualifications to teach in a department, may be placed in a
full-time, budgeted, available, uncommitted teaching vacancy in a department,
provided that the approval of the majority secret ballot vote of the regular
full-time FACULTY in the receiving department has been obtained prior to the appointment. An ADMINISTRATIVE FACULTY MEMBER placed in
such a position shall retain all University-wide seniority credit previously
accrued. Actions taken under this
subsection shall not be subject to the provisions of Article 5, GRIEVANCE
PROCEDURE AND ARBITRATION, provided the department's approval has been
obtained.
6. Subject
to the approval of the President and the majority secret ballot vote of the
regular full-time FACULTY in the receiving department, ACADEMIC FACULTY MEMBERS
may be transferred full-time to another department within the bargaining
unit(s). All rights under this Agreement
shall be transferable to the new assignment.
Such transfer and assignment shall only be made with the approval of the
ACADEMIC FACULTY MEMBER involved.
7. Part-Time
Teaching in Other Departments
a. FACULTY
MEMBERS may be invited to teach on a part-time basis for other departments in
the University. Such invitation must
have the approval of the President and the majority secret ballot vote of the
regular full-time FACULTY in the receiving and sending departments, and shall
be voluntary on the part of the ACADEMIC or ADMINISTRATIVE FACULTY MEMBER.
b. Such
invitation and assignment shall not exceed fifty percent (50%) of the ACADEMIC
or ADMINISTRATIVE FACULTY MEMBERS' workload for the semester unless approved by
the majority secret ballot vote of regular full-time FACULTY of the sending and
receiving departments and local APSCUF.
c. All
rights and responsibilities of FACULTY MEMBERS under this Agreement will remain
with the sending department.
C. Graduate Assistants
1. Presidents
may appoint graduate assistants to be assigned to regular FACULTY MEMBERS to
assist in research, instruction, and other professional duties.
2. At
no time shall graduate assistants instruct lectures or laboratories unless the
FACULTY MEMBER assigned to teach the course is present in the classroom or
laboratory.
D. Teaching Associates
Teaching Associates may be appointed
at UNIVERSITIES granting doctorates pursuant to the provisions set forth below:
1. In
a given department the number of teaching associates may not exceed twenty
percent (20%) of the number of the regular full-time FACULTY in that
department; however, all departments with doctoral programs are entitled to at
least three (3) teaching associates:
a. Prior
to the beginning of each semester, a department with doctoral program(s) having
teaching associates must report to local meet and discuss the number of
teaching associates it has appointed for that semester. The number of teaching associates recommended
must be approved by a majority secret ballot vote of the regular full-time
FACULTY within the department in accordance with its established procedures.
b. The
department must also report to local meet and discuss the total number of
credit hours to be taught by teaching associates in the department. The number of credit hours recommended may
not exceed the total number of workload equivalents granted to regular
full-time FACULTY MEMBERS for scholarly activity in that department pursuant to
Article 23, Section J. The
department's report shall contain appropriate data to show compliance with this
subsection.
2. A
teaching associate may be appointed to a department if:
a. He/she
is registered for credit as a doctoral student in good standing in the
department and possesses a master’s degree or at least thirty-six (36) graduate
credits.
b. He/she
is recommended for appointment by a majority secret ballot vote of the regular
full-time FACULTY in the department in accordance with its established
procedures.
3. An
individual teaching associate will be appointed for one (1) academic year with
the possibility of reappointment for a second year. Special requests for a third year appointment
will be considered on a case by case basis and must be approved at local meet
and discuss.
4. Teaching
associates may teach no more than six (6) credits of undergraduate courses per
semester. These courses must be in the
department in which the student is enrolled for doctoral study. In special cases, teaching associates may be
given teaching assignments outside their major department in a closely related
area if:
a. This
action is recommended by a majority secret ballot vote of the regular full-time
FACULTY in each department involved in accordance with its established
procedures; and
b. There
is agreement to this arrangement at local meet and discuss.
5. Teaching
associates will be assigned a regular full-time FACULTY MEMBER as a mentor. The FACULTY mentor shall accrue one (1)
credit hour workload equivalent for each teaching associate assigned to him/her
in a given semester.
6. Teaching
effectiveness will be the primary category for the evaluation of teaching
associates. The procedures and criteria
for evaluation of teaching associates shall be uniformly applied at the
UNIVERSITIES and shall be agreed to at local meet and discuss, but must
minimally include:
a. Student
evaluations as mandated for probationary FACULTY in Article 12;
b. Classroom
observations by the department evaluation committee and department chairperson
as mandated for probationary FACULTY in Article 12;
c. A
written evaluation from the FACULTY mentor which will be forwarded to the
department evaluation committee and incorporated into the department evaluation
committee's and department chairperson's reports pursuant to paragraph d.
below;
d. Written
evaluations by the department evaluation committee and department chairperson
as mandated for probationary FACULTY in Article 12.
7. The
University shall provide the teaching associate with a package of fee waivers
and stipend in any combination, but waivers and stipend must total no less than
a minimum of one-half of the current salary for Instructor Step 1.
8. General
prohibitions:
a. Teaching
associates may not be assigned to teach at branch campuses.
b. Teaching
associates may not be assigned to teach summer school.
c. In
no case shall a teaching associate be appointed in an academic area where there
is a qualified retrenchee with preferential hiring
rights or preferred rehiring rights in the STATE SYSTEM.
9. Indiana
University of Pennsylvania administration and local APSCUF negotiated a local
agreement concerning teaching associates dated February 10, 1999. The provisions of that agreement shall apply
during the term of this Agreement for Indiana University of Pennsylvania only.
10. Unless a successor Agreement or a local
agreement is negotiated prior to June 30, 2002, the provisions of
this Section will extend for a period not to exceed six (6) months.
E. Distinguished Visiting Professors
The UNIVERSITIES may hire
distinguished visiting professors within the provisions of this Article.
1. Visiting
professors may be appointed by the President for terms up to two (2)
years. A third year may be granted with
the approval of APSCUF at local meet and discuss. Each University may have three (3)
visiting professors at any time.
UNIVERSITIES with an enrollment of more than 6,000 FTEs may employ one
(1) additional visiting professor for each additional 2,500 FTEs or fraction
thereof.
2. Criteria
for visiting professorships shall be agreed upon at local meet and discuss and
submitted to State Meet and Discuss for review and approval. These criteria shall reflect standards
required of truly competent and distinguished individuals. Under no conditions shall distinguished
visiting professors be hired until such time as the criteria has received final
approval at State Meet and Discuss.
3. Presidents
shall make such appointments upon the nomination of a department, secured by a
secret ballot vote of the majority of the regular full-time FACULTY MEMBERS,
for a specific visiting professor, and only upon the recommendation of a
University-wide committee. The
composition of the University-wide committee shall be agreed to at local meet
and discuss.
4. The
visiting professor must be appointed at the rank of Professor and shall be
remunerated at a salary no lower than Professor Step 1. Such individuals may be remunerated at a rate
of pay higher than that provided for in this Agreement. The thirty percent (30%) rule for full
professorships shall not include appointments made under this Article.
5. In
cases where distinguished individuals wish to contribute their services for
less than the stipulated minimum pay, the terms of this Agreement shall require
the approval of APSCUF at local meet and discuss.
6. Visiting
professors may be assigned regular classes or special assignments, but in no
case shall they assume overload assignments.
It is the expectation that the University will seek to utilize the
talents of these individuals in creative and non-traditional ways.
7. Visiting
professors shall not be subject to the evaluation procedures of this Agreement,
unless they do so voluntarily nor shall they exercise the voting rights of
regular FACULTY MEMBERS as provided for in this Agreement.
8. In
no case shall a visiting professor be hired to teach regular University courses
in an academic department where there is a qualified retrenchee
available.
F. Managers
1. Managers
who perform teaching duties shall be evaluated with respect to such teaching
duties in the same manner as an ACADEMIC FACULTY MEMBER(S), in accordance with
the provisions of Article 12, PERFORMANCE REVIEW AND EVALUATION OF FACULTY.
2. A
manager who has held a tenured faculty position at his/her University may,
within three (3) years of his/her appointment to a management level position,
return with the approval of the department to his/her former status in a
department which has a vacancy approved by the President. Such approval shall require a majority secret
ballot of the regular full-time members of the department. A manager who returns to a former department
on or after January 1, 1986 in accordance with this procedure shall be given
service credit for all prior time spent in what is now the bargaining unit, but
shall receive no service credit for the time spent as a manager. Managers who returned to a former department
prior to January 1, 1986 shall continue to receive service credits in
accordance with the previous Agreements between the STATE SYSTEM and APSCUF.
3. Any
manager other than those provided for in Section F.2. above
shall begin his/her service in the bargaining unit with no service credit.
4. Acting Managers
a. A
FACULTY MEMBER serving as an acting manager is a member of the FACULTY
bargaining unit. A President or the Chancellor may make an initial acting manager
appointment for two (2) years without approval of local or State APSCUF. Extensions for up to a second year require
the approval of the FACULTY MEMBER and local APSCUF or State APSCUF for an
appointment in the Office of the Chancellor, if only a one (1) year appointment
is made and there is a need for an additional year. Time spent as an acting manager will accrue
service credits in the bargaining unit as defined in the Seniority Policy.
b. A
FACULTY MEMBER serving as an acting manager may teach one (1) course per
semester (fall, spring, summer) without approval of local APSCUF. Local APSCUF approval is required, if the
FACULTY MEMBER serving as an acting manager is requested to teach a second
course during the semester. If a course
is taught, overload shall be paid. The
annual salary used in calculating overload will not include the out-of-class
assignment monies. In no case shall an
acting manager be assigned to teach where there is a qualified retrenchee with preferential hiring rights in the STATE
SYSTEM.
c. FACULTY
MEMBERS on nine (9) month contracts appointed as acting managers for up to one
(1) year will not be entitled to annual leave.
A FACULTY MEMBER appointed initially to a two (2) year appointment as an
acting manager will receive ten (10) days of annual leave in the first year and
fifteen (15) days of annual leave in the second year. Any annual leave not used will lapse at the
end of the acting manager appointment.
FACULTY MEMBERS on twelve (12) month contracts shall accrue and use
annual leave pursuant to Article 21, FRINGE BENEFITS, Section
G.
d. An
acting manager may not participate in departmental meetings.
e. Time
spent as an acting manager shall not count in computing the probationary
period, but shall count when computing years of service for salary increments,
promotion, and sabbatical leave.
f. A
FACULTY MEMBER who is disciplined for conduct as an acting manager may not
challenge the discipline pursuant to Article 5, GRIEVANCE PROCEDURE AND
ARBITRATION, unless disciplined for conduct related to the FACULTY MEMBER’S
performance of duties and responsibilities as a FACULTY MEMBER.
G. Non-Bargaining Unit Employees
Non-bargaining
unit employees, who in the opinion of the President have the requisite
qualifications, may be assigned by the President to teach courses or perform
other duties in an academic department provided the approval by secret ballot
vote of the majority of the regular full-time FACULTY of the academic
department and local APSCUF has been obtained prior to making the
assignment. In no case shall such
non-bargaining unit employees be assigned to teach or work in an area where
there is a qualified retrenchee with preferential
hiring rights in the STATE SYSTEM.
H. Academic Rank for Provosts and Academic
Deans
Provosts and Academic Deans may be appointed
with academic rank. Such an appointment
with academic rank shall not make these managers members of the bargaining unit
nor grant them any rights under this Agreement with the exception that should
these managers assume a position in the bargaining unit, such position will be
held at the academic rank awarded at the time of appointment.