2016 Special Election
PSU-AAUP Vice President Membership & Organizing
and
Ratification of the MOU on Sabbatical Leave
#Special Election for VP M&O #Ratification
The ballot for the election of the Vice President for Membership & Organizing for PSU-AAUP, and the ratification of the MOU on sabbatical leave will open today Monday January 30, 2017 12pm. This special election is called to fill the vacancy created by resignation in the office, and to ratify an MOU approved by the EC that alters the CBA.
The term of office for VP M&O is the balance of the remaining term, until April 30, 2018.
A link to the online ballot will be sent to you by electionbuddy.com. As required by PSU-AAUP bylaws, the ballot shall be open for 15 days and will close on Tuesday February 14, 2017 5pm.
Vice President for Membership & Organizing (vote for one)
Jennifer Kerns (candidate statement below)
CANDIDATE STATEMENTS
Vice President for Membership & Organizing (1 candidate. Vote for one)
Jennifer Kerns
PSU-AAUP Action Team 2015 – 2016. Unit Representative 2014-present
Assistant Professor. History. NTTF
Since 2000, I have been working for PSU’s History Department, first as an adjunct and, since 2010, as a full time NTTF faculty member. Because the AAUP was critical to my advancement and prioritizes the professional stability and economic well-being of both the tenure related and the non-tenure track faculty, I have been willing to volunteer for the AAUP in any way that I can. I served on the “action team” during recent bargaining in order to make our voice before the administration stronger and I can be of additional assistance as VP of Membership and Organizing to work with AAUP members and listen, organize, and strengthen our membership so that we can work together to insure equity in our working conditions and a stronger University. I am interested in working with all members, particularly those whom we have not yet reached. Thank you for considering me for this position.
[This statement was submitted by the nominee]
END OF BALLOT STATEMENT
Ratification of MOU to Revise Article 33- Sabbatical Leave
The Executive Council approved the revision to CBA Article 33- Sabbatical Leave and called to send it to the membership for ratification. Here is the clean MOU. The MOU removes the 2013 memo that was grieved, and we have returned to historical eligibility for sabbatical. The language that had prohibited sabbaticals across academic years has been removed, and faculty members will be able to continue requesting sabbatical leave across academic years with justification for the multi year sabbatical.
We used this opportunity to consolidate language in many locations about sabbatical into the CBA as the singular resource document about sabbatical or faculty. The agreement is as follows:
Recitals:
Sabbatical Leaves are discussed in Article 33 and Article 30 of the CBA. Sabbatical Leaves are detailed in PSU Standards 580-021-0200 through 0245. There are also guidelines for sabbatical leave on the OAA website. The parties wish to consolidate information sources about Sabbatical Leaves in one place in the CBA. This Article in the CBA supersedes PSU Standards 580-021-0200 for members of the bargaining unit.
Rationale: Establishes the foundation for the CBA to become the single resource for Sabbatical Leave, to supersede the PSU Standards.
Agreement:
Article 33 is replaced with the following:
ARTICLE 33. SABBATICAL LEAVE
Section 1: Purpose of Sabbatical Leave
Sabbatical leave is granted [to unclassified employees having academic rank] for purposes of research, writing, advanced study, travel undertaken for observation and study of conditions in our own or in other countries affecting the applicants field or related scholarly or professional activities. Sabbatical leave is a privilege and not a right. It is granted only when it can be shown that the applicant is capable of using this period in a manner that will thereafter increase the applicant's effectiveness to the institution and to the state. Sabbatical Leaves should be granted when it can be shown that the faculty member will use the time in a manner which will provide increased service to the institution either through study and research, writing, advanced study, or travel related to the applicant’s field or professional activities.
Rationale: Consolidates PSU Standard 580-021-0200 into the CBA with current CBA language (underlined).
Section 2: Eligibility for Sabbatical Leave
(1) [An unclassified employee] A member appointed at .5 FTE or more, with the rank of Senior Instructor I, Senior Instructor II, Assistant Professor, Associate Professor, Professor, Assistant Professor of Practice, Associate Professor of Practice, Professor of Practice, Research Associate, [or], Senior Research Associate I, or Senior Research Associate II may be considered for sabbatical leave:
(a) After having been continuously appointed without interruption by a sabbatical leave for 18 academic quarters (excluding Summer Session) or, in the case of 12-month faculty, 72 months; or
(b) After having accumulated the equivalent of 6.0 FTE years over an indefinite period of 9-month or 12-month appointments uninterrupted by a sabbatical leave.
(c) Prior service at the ranks of Instructor, [Lecturer] or Research Assistant, when leading to a promotion to a higher rank, may be considered by [an institution president or] the President or president’s designee as part of the period of accumulated service for the purposes of the time requirement for sabbatical eligibility.
(2) A series of appointments shall be considered continuous whether or not interrupted by one or more authorized leaves of absence other than a sabbatical leave. A one-year period of appointment at less than .5 FTE will count as a period of accumulated service for purposes of the time requirement for sabbatical eligibility. An authorized leave of absence will not prejudice the staff member's eligibility for sabbatical leave. [Academic staff] Members may be considered for subsequent sabbatical leaves after again satisfying the conditions specified in subsections paragraphs (1)(a) or (b) [of this rule] above. Cases involving mixed terms of service may be adjusted by the institutional President or the President's designee, in accordance with the principles set forth in this [rule] Article.
Rationale: Consolidates PSU Standard 580-021-0205 into the CBA. Updates eligibility with all ranks to which eligibility applies. Housekeeping to transition language multi-university OAR to single university CBA.
[(3) A faculty member on academic-year appointment is eligible for sabbatical leave after six (6) years of continuous full-time service. For the purpose of calculating eligibility a member shall be deemed to have served full-time during any academic year when, for the benefit of the University, set out in writing the member's employment is less than full time, provided that the total FTE for the academic year plus the FTE from Summer employment during either the immediately preceding or immediately following Summer term is at least .81 of the academic year FTE.]
Rationale: Removes language placed in contract in 1981 that is ambiguous, was never operationalized, and conflicts with PSU Standard 580-021-0205 that has been the historic method for determining eligibility.
(3) A member who has more than ten (10) years continuous full-time service since the last sabbatical leave may be given highest priority for the award of sabbatical leave.
(4) If split sabbaticals are approved, eligibility for sabbatical shall be calculated as if the terms of leave were taken consecutively starting with the first term of the sabbatical.
Rationale: Current CBA language. No change
(5) For [institutional] the University’s convenience, and at the initiative and sole discretion of the [institution] University, a sabbatical leave may be delayed by up to two years. In such instances, the [academic staff] member will become eligible for a succeeding sabbatical leave after an equivalently reduced period of years. This section applies to a maximum of 14 consecutive years, covering two possible sabbatical leaves. The same agreement may be negotiated, again for [institutional] University convenience, in subsequent 14-year periods.
(6) Sabbatical leave privileges may be granted to [unclassified] employees in special positions of responsibility and trust, even though they do not hold academic rank. Eligibility for this class of employees will be determined in the manner described in section (1) of this [rule] Article. Recommendations for sabbatical leave for the above-referenced unclassified staff members not otherwise qualified may be made in exceptional cases only at the discretion of the [institution’s] President or the President’s designee.
(7) For purposes of determining eligibility for sabbatical leave, time spent on an authorized military leave from a Department institution the University shall be considered as institutional service.
Rationale: Paragraphs 5, 6 and 7 consolidate PSU Standard 580-021-0205 into the CBA and revise as needed for a single institution CBA.
Section 3: Salary during Sabbatical Leave
Effective September 16, 2017, salary received by [an academic staff] member during a sabbatical shall be calculated as follows:
(1) Salary under subsection (1)(a) of [this rule] Section 2 of this Article shall be [a] the percentage provided in Section 8 of Article 30 (SALARY AND RETIREMENT) of the [academic staff] member's annual rate multiplied by the average FTE at which the [academic staff] member was appointed during the 6.0 FTE years immediately prior to the sabbatical leave. The President [s] or President’s designee shall have the authority and discretion to interpret special circumstances in this regard. For purposes of this subsection, eligibility years are the 18 academic quarters (excluding Summer Session) or in the case of 12-month faculty, 72 months of continuous employment at half-time or more that result in the [academic staff] member's eligibility for sabbatical leave.
(2) Salary under subsection (1)(b) of [this rule] Section 2 of this Article shall be [a] the percentage provided in Section 8 of Article 30 (SALARY AND RETIREMENT) of the [academic staff] member's annual rate in effect at the time the sabbatical leave begins.
(3) If during the period of sabbatical leave the [institution] University allocates salary increases to its [academic staff] members, the annual rate of the [academic staff] member on sabbatical leave will be increased by the appropriate amount effective on the date that the salary increase was granted.
(4) [Staff] Members on sabbatical leave may supplement their sabbatical salaries to a reasonable degree, provided that such supplementation strictly conforms to the stated and approved purposes of the sabbatical leave.
Rationale: Further consolidates PSU Standard 580-021-0205, and 580-021-0240 into the CBA as CBA language. Confirms the effective date of new sabbatical percentages in Article 30 will commence with sabbaticals beginning in the 2017-18 academic year.
Section 4: Procedures Related to Sabbatical Leave
(1) Sabbaticals are a privilege, not a right. The University shall fairly consider all sabbatical requests, including any request to split a sabbatical over more than one academic year. In cases where it is necessary to choose between several applications for sabbatical leave from the same department or unit, preference will not be given based on salary.
(2) An application for sabbatical is to be submitted to the relevant Dean’s office pursuant to the deadlines established and posted by the Dean’s office. The Dean is to provide notice of the Dean’s decision to the faculty member, department chair and the Office of Academic Affairs (OAA) and submit any approved sabbatical applications to Human Resources (HR) no later than one term prior to the start of the sabbatical.
(3) Deans may consider how sabbatical leaves for associate professors contribute to their advancement to the rank of full professor.
(4) If a request for a sabbatical is denied by the Dean, the member may appeal that decision to the Provost. The member should include in the appeal a rationale for the appeal and a description of the negative impact of the denial.
(5) Faculty members must submit Sabbatical Leave Reports of Accomplishments, due midway through the term of return to the relevant Department Chair with a copy to the Dean.
Rationale: Consolidates Internal Management Directives, as Interpretations of the PSU Standards, and PSU Standard 580-021-0215 into the CBA as CBA language
Section 5: Obligation to Return Following Sabbatical
Each member, in applying for sabbatical leave, shall sign an agreement to return to the University for a period of at least three academic terms of service on completion of the leave. Summer term may, at the University’s discretion, be counted as an academic term for this purpose. If a member fails to fulfill this obligation, the member shall repay the full salary paid during the leave plus the health and retirement contributions paid by the University on behalf of the member during the leave. This amount is due and payable three months following the date designated in the sabbatical agreement for the member to return to the University.
Rationale: Consolidates PSU Standard 580-021-0220 into the CBA.
This MOU shall become an addendum to the CBA. When the contract is re-printed, the Article 33 as herein described shall replace the current language in the CBA unless it is incorporated in a comprehensive leave article as described in LOA #13, or unless modified or replaced in bargaining for the successor agreement.
PSU-AAUP withdraws its Division A grievance submitted on February 22, 2016.
Rationale: Addresses how the language will be incorporated in the actual CBA language. Provides for AAUP to withdraw the underlying grievance the prompted negotiation.
END OF MOU