ASSOCIATION OF
AND UNIVERSITY FACULTIES
and
STATE
SYSTEM OF HIGHER EDUCATION
SENIORITY POLICY
I. A uniform seniority reporting system to be applied at each
university should be easy to understand and to administer and consistent with
the Collective Bargaining Agreement.
II. A positive accrual
system be used in reporting seniority. Specifically, each time a seniority list is
prepared, additional seniority credit must be added to the previous listings.
III. Semesters of service be the smallest unit of seniority credit. A faculty member will accrue one unit of
credit for each semester completed according to the terms of Item IV. Each faculty member will earn a maximum of
two units of credit per year. Summer
sessions will not count for additional seniority credit.
IV. The following method be used to determine whether a faculty member accrues
seniority credit for a partial semester of service:
A. Completion
of less than five full pay periods--no credit.
B. Completion
of five or more full pay periods--1 credit.
V. The tie-breaker system
is to be employed as follows:
A. For faculty with different original
appointment dates but the same length of service, the individual with the
earliest appointment date would have the most seniority and be ranked ahead of
others with the same length of service.
B. All regular, full-time faculty members
hired after May 31, 1984 will have a six (6) digit seniority number which will
be the number used as the third tie-breaker when two faculty members have the
same seniority credit and the same date of appointment. The seniority number will be derived as
follows:
1. The first two (2) digits of any faculty
member's seniority number will reflect the last two (2) digits of the calendar
year of his/her initial date of appointment on the University's payroll.
2. The last four (4) digits of any faculty
member's seniority number will be determined by a computer-generated random
number. The lowest four (4) digit number
will be the most senior faculty member appointed that year, and the highest
four (4) digit number will be the least senior faculty member appointed for
that year.
3. The computer will be programmed to reject
any duplicate numbers and substitute a new random number.
4. The local APSCUF president will designate
a member of the faculty and the University President shall designate a member
of his/her administration to observe the computer-generation of the random
numbers for the last four (4) digits of the faculty members' seniority numbers.
C. When it is necessary to insert a person
into an existing department, an insertion drawing will be held.
VI. The format found in
Appendix A be used for reporting seniority on each
campus.
VII. Guidelines for preparing
seniority lists are described in Appendix B.
VIII. The rules for
determining seniority are described in Appendix C.
APPENDIX
A
Seniority List
November 1, 1990
Seniority
Academic Appointment Date Seniority
Name Number Dept. University Dept.
Credit Notes
A.
Jones English 8/24/70 8/24/70 40
B.
Smith English 8/22/72 8/17/75 34 a
M.
Clark 84-3268 English 8/18/84 8/18/84 12
D.
Allan 90-1527 English 8/11/90 8/11/90 0
P.
Taylor 90-7214 English 8/11/90 8/11/90 0
J.
Black History 6/24/67 6/24/67 46
P.
Williams History 8/27/67 8/27/67 46
T.
H.
C.
Dunlap 87-4217 History 8/15/87 8/15/87 6
J.
M.
__________________________________________________________________
Legend--Notes
a--Leave Without
Pay--1973-74 academic year
b--Educational Leave Without
Pay--1978-79 academic year
c--Educational Leave Without
Pay--Spring 1987 (1 credit granted)
APPENDIX B
Guidelines for Preparing Seniority Lists
I. Retroactive
Applications
A. The
most recent date of appointment presently listed in the campus seniority list
for each faculty member will remain unless it has been formally con
Explanation: Adoption of this Guideline
will settle finally this date for all faculty
currently employed.
B. All
seniority credit for full-time temporary and regular service accrued from the
most recent date of appointment prior to the 1971 fall semester shall
count. (Note: Educational leaves without pay granted prior
to August 1, 1970, shall accrue seniority credit.)
Explanation: Adoption of this Guideline
will cut through the tangle of temporary and regular service appointments made
prior to the implementation of the Collective Bargaining Agreement (CBA).
C. Beginning
with the 1971 fall semester, only regular, full-time service from the most
recent date of appointment will count for accrual of full-time seniority
credit.
Explanation: This Guideline is based on
terms of the CBA which went into effect in the 1971 fall semester and does not
conflict with the provisions for tenure found in Article 15, Section B. of the
CBA.
D. Any
local APSCUF/Management agreement made prior to July 1, 1981, recognizing
departmental seniority as opposed to college/university-wide seniority for
retrenchment purposes shall be recognized when verified by appropriate
documentation. Beginning July 1, 1981,
the provisions of the applicable CBA shall apply.
Explanation: This Guideline resolves the
problem created by such good-faith agreements even though they may have
modified the terms of the CBA prior to July 1, 1981. It recognizes the good-faith in these
arrangements and avoids the trauma and hardship that would result from
reversing these actions.
E. Any
local APSCUF/Management agreement made prior to September 1, 1983, granting a
full-time, regular faculty member a partial leave of absence without pay to
minimize retrenchment of faculty at the college/university will not result in a
reduction in the seniority credit for the faculty member taking the leave. These agreements must be verified by
appropriate documentation. Effective
September 1, 1983, the provisions of the CBA shall apply.
Explanation: This Guideline protects
faculty who took such leaves to help colleagues from the loss of seniority
credit and the possible penalty that might result from this reduction in
service credit.
II. Prospective
Application
Effective
with the 1983-84 academic year, the original date of
appointment and the accrual of seniority credit will begin with the first day
on the payroll in regular, full-time status during the academic year.
Explanation: This Guideline establishes a
uniform starting date for all future faculty
throughout the State System of Higher Education.
APPENDIX C
Rules for Determining Seniority
A. Leave
Without Pay
1. Seniority normally does not accrue during
a period of leave without pay (LWOP), except as specifically provided in this
Policy.
2. A regular, full-time faculty member who
has taken a partial LWOP prior to fall 1985 shall receive pro-rated seniority
credit, if the faculty member was in regular full-time status prior to the
leave and completed five or more pay periods during the semester. The pro-rated seniority credit for that
semester will be equated to the proportion of the normal workload which the
faculty member worked. For example, a
faculty member who worked a one-half (1/2) workload and took a one-half (1/2)
LWOP would earn one-half (1/2) credit for that semester.
3. Beginning in the fall of 1985, a full
seniority credit will be granted for up to eight (8) semesters for any semester
that a regular, full-time faculty member is on a full or partial LWOP granted
by the President of his/her University.
4. After a regular, full-time faculty member
uses his/her allotment of eight (8) seniority credits for eight (8) different
semesters of full or partial LWOP as described above, the faculty member will
receive a partial seniority credit for any subsequent semester he/she is on a
partial LWOP granted by the President of his/her University. Such partial seniority credit shall be
calculated pursuant to paragraph 2 of this Section.
5. Beginning in the fall of 1993, any
faculty member employed at any State System of Higher Education University, who
accepts a leave without pay from his/her institution and then accepts
employment as a manager at any of the universities in the State System of
Higher Education or the Office of the Chancellor, will accrue one-half (1/2)
seniority credit per semester during the time period as a manager.
B. Educational Leave Without Pay--Seniority does accrue for ELWOP
granted prior to August 1, 1970 and subsequent to fall 1985 pursuant to Section
A above.
C. Military Leave--Seniority
does accrue during periods of military leave.
Exception: Faculty members who are/have
been separated from military service by "discharge under other than
honorable condition," "bad conduct discharge" or
"dishonorable discharge" shall not be entitled to seniority credit
for such military service.
D. Suspension--Seniority
does not accrue for suspensions.
E. Part-time Service--Seniority
does not accrue for part-time service.
F. Work-Related
Disability Leave--Seniority does accrue during periods of approved
work-related disability leave.
G. Sabbatical Leave--Seniority
does accrue as if the faculty member is in regular full-time daily
attendance.
H. Child Rearing Leave--Seniority
does not accrue during periods of child rearing leave, except as
provided in Section A above.
I. Disability Leave
Due to Pregnancy--Seniority does accrue for a faculty member during
the period she is unable to work and uses accrued sick leave for medical
reasons as certified by a physician.
J. Parental Leave Without Pay--Seniority does not accrue during
periods of parental leave without pay, except as provided in Section A above.
K. APSCUF Service--Seniority
does not accrue for service as an elected or appointed official or
representatives of APSCUF.
Exception: Seniority does accrue for service as State President of
APSCUF.
L. Managers
Returning to Former Departments
1. Seniority does accrue for all
prior time spent in the bargaining unit for a manager who returns to the
bargaining unit within three (3) years of his/her appointment to a management
position.
2. Seniority does not accrue for the
time spent as a manager.
3. A faculty member who has served three (3)
or more years as a manager shall begin his/her service in the bargaining unit
with no seniority credit. This manager
will also receive a date of appointment corresponding to his/her first day on
the payroll as a faculty member subsequent to his/her service as a manager and
will also receive an appropriate seniority number for that year.
4. Seniority does accrue for service
as an acting manager.
M. Resignation--Seniority
terminates upon resignation.
N. Retirement--Seniority
terminates upon retirement.
O. Discharge--Seniority
terminates upon discharge.
P. Inter-University
Transfer--Tenured Faculty Members--A faculty member shall receive seniority
(length of service) credit at the receiving University of three (3) years or,
where the President and the receiving department agree, additional seniority
(length of service) credit may be granted up to the full amount accrued at the
former University.
Q. Inter-University
Transfer--Non-Tenured Faculty Members--A probationary non-tenured faculty
member shall receive no seniority (length of service) credit unless the
President and the receiving department agree, in which case seniority credit
may be granted up to the full amount accrued at the former University.
APPENDIX D
Footnote
If
a faculty member did not accrue a seniority credit for any semester since that
faculty member's date of appointment, that faculty member will receive a
footnote which will:
1. Indicate
the reason for non-accrual of the service credit(s); and
2. List
the semester(s) and academic year(s) in question.
____________________________ ____________________________
APSCUF Date STATE
SYSTEM Date