Per Diem Policy issue resolved with MOU
Three weeks ago PSU-AAUP was informed of the unilateral change to the travel per diem policy. We latrer learned that the policy had been changed on or about January 1, 2014. PSU-AAUP was not provide notice. The per diem amount on the day of departure and the day of return was fixed at 75%, which was consistent with the per diem policy that was adopted by the federal government for travel conducted on federal grants.
The previous policy required members enabled up to 100% per diem reimbursement on travel days when members left on their trip prior to 6am, or returned from their trip after 6pm. The policy also provided for as little as 25% per diem when members left for their trip after 6pm, or returned from the trip prior to 6am. Members had to track their departure time on the day of departure, and their return time on the day of return. It was reported to us that there was some confusion over the reporting requirements when the old policy was in place.
PSU-AAUP conducted a survey to determine member preference. The results are here. 352 members responded to the survey, which is an average response for PSU-AAUP surveys. Roughly 60% of the membership preferred the new per diem policy at 75%.
The PSu-AAUP Negotiating team proposed, and the University agreed, to formally adopt the new system. The MOU is here.
Continuous Appointment Letters of Appointment which wrongly contained a probationary period
Approximately 123 Non-Tenure Track Faculty members were eligible to automatically convert to continuous appointment pursuant to Letter of Agreement #12 in the most recent Collective Bargaining Agreement.
Many NTTF who auto-converted, however, had language in their LOA that indicated that their position was subject to a probationary period. Many AAUP members brought the matter to PSU-AAUP’s attention. Our first attempt at resolution was for the member to request their supervisor remove the language. Some did so. Most, however, did not after being told by Human Resources that the language couldn’t be removed as it was part of the template in CBA Appendix H2.
PSU-AAUP brought this matter to the Labor Management Committee, and that culminated in a Memorandum Of Understanding that will add an addendum to the continuous appointment contract that states the position is not subject to a probationary period.
Provisional P&T Guidelines established for OHSU/PSU Joint School of Public Health (JPH)
The JPH was established in AY 2015-16. The PSU School of Community Health (SCH) moved from CUPA to JPH on or about July 1, 2016. The JPH does not yet have approved promotion and tenure guidelines. Several faculty members in JPH are eligible for promotion in academic year 2016-17. The SCH P&T guidelines were recently revised to fully comport with the rank changes made in 2014.
PSU and PSU-AAUP agreed that the JPH will use the guidelines that were in place in SCH, or in HSMP, until the JPH are finalized. The MOU is here.
New Hire was barred from use of their IPDA until following fiscal year
An academic professional in a research unit asked and was given approval by their supervisor and Dean to expend $150 from their IPDA for professional association fees. The permission was subsequently revoked by the unit's fiscal officer with a statement that they were not eligible to access their IPDA until July 1, of the following fiscal year.
Article 19 Section 3 (b) states: "Beginning July 1, 2016 an IPDA will be maintained for each member. At the beginning of the fiscal year, each IPDA will be credited (prorated by FTE) as follows..."
In negotiations we contemplated how this would work for current, continuing employees, but did not discuss the on ramp for new hires. PSU-AAUP is in discussions with OAA on ways to resolve the matter.
Update on First Academic Professional Workload mitigation grievance
The impacted employee created an in-depth log which showed an average of 45 to 50 hours, sometimes 55 hours per week worked over a 4 month period. AAUP and the grievant met with the supervisor and a representative from Human Resources on two occasions. The conversation started as adversarial, and then moved toward productive problem solving. A body of work was removed from the grievant's workload between the first and the second meeting which reduced total workload by approximately 10-12%. The supervisor articulated that PSU's policy is that all full time exempt academic professional positions should average 40 hours per week over the course of a work year. This was affirmed by the representative from Human Resources.
The grievant and the supervisor made new agreements about communications about workflow; how the grievant would seek support and/or intervention from the supervisor; and how the time can "flex" as contemplated in Article 17 Section 9; and how the supervisor can work with the grievant to keep the workload in the expected range.
We have a follow-up meeting in 4 weeks to seek if the workload has reduced to the average of 40 hours per week. It is everyone's hope at this point that the positive direction established in the last meeting can continue and that AAUP will not need move beyond these meetings to full adjudication through the grievance procedure.
The PSU-AAUP Winter Calendar of Events is set. Save the dates:
Welcome Back Social
Tuesday January 17, 2017
Simon Benson House
4:00 to 7:00 pm LITE DINNER RSVP
Welcome back social event
Unit Rep Training
Tuesday January 24, 2017 SMSU 333 RSVP or
Wednesday January 25, 2017 SMSU 333 RSVP
LITE LUNCH
Membership Meeting
Wednesday February 8, 2017 RSVP
12:00 to 1:00 pm LITE LUNCH
SMSU 333
Update on current issues
Conversation Series: LGBTQ in the workplace
Wednesday February 15, 2017 RSVP
12:00 to 1:00 pm LITE LUNCH
Smith 327
This session will focus on issues specific to LGBTQ at Portland State and in higher education
Conversation Series: Parents in the workplace
Wednesday March 1, 2017 RSVP
12: to 1:00 pm LITE LUNCH
Smith 327
This session will focus on issues parents have at Portland State, and in higher education
Association in Support of Sioux Tribe in North Dakota
The Executive Council adopted a motion to extend support to the Standing Rock Sioux tribe. The letter of support is here.
Equity Comparator Study in CBA Article 30 Section 4 begun
CBA Article 30 Section 4 provides for salary increases based upon internal and external equity. This section empowers the Labor Management Committee (LMC) to determine how to proceed. The LMC created an ad hoc equity comp committee (Vice President Collective Bargaining David Hansen and Executive Director Phil Lesch with Interim PSU AVP HR Pam Hutchins and PSU Classification Manager Terrill Bartee) to determine how to proceed. The committee decided to use an external consultant to do the heavy data lift of quickly providing a recommended methodology and set of comparators. Last week we contracted with the higher education division of Arthur J. Gallagher & Co, a leading compensation consultancy. We anticipate completion of the study and implementation of the raises in Article 30 Section 4 early in winter term, but AFTER the dates prescribed for the raises in Section 4. The raises will be implemented as soon as possible and they will be effective on the dates specified in the CBA, which means that when the raises kick in they will have retroactive payments.
The next 6 weeks will be very busy getting this fast project completed. We'll report out as soon as we know more.
MOU on Use of Paid Administrative Leave During Investigations (for employee misconduct)
PSU-AAUP and PSU have reached agreement on when the administration would use paid administrative leave during investigations of faculty members for misconduct. The MOU is here.
Background
In August a faculty member was placed on administrative leave for a period of 6 weeks during an investigation into possible misconduct. The faculty member was forced to stop working, barred from campus, barred from use of University e-mail, and barred from interacting with PSU colleagues and external clients about work. This faculty member had an outward facing role for the Center, and his absense for 6 weeks caused damage to his reputation and his relationships with external clients.
PSU-AAUP submitted a grievance that the use of administrative leave during investigations violated Article 27 Section 3 (d) of the CBA. The grievance was denied at Steps One, Two and Three. The Executive Council approved the grievance for arbitration, and PSU-AAUP submitted the demand to arbitrate on December 10, 2015.
PSU subsequently requested that we place the grievance in abeyance so that we can attempt negotiate a global resolution about the use of paid administrative leave during investigations. PSU and PSU-AAUP initiated a separate negotiating table on the matter and met three times- in addition to the negotiations on the successor agreement- without reaching agreement. Negotiations stalled when PSU and PSU-AAUP got very busy in winter and spring finishing up successor contract negotiations.
In August 2016 two employees were placed on paid administrative leave to facilitate an investigation into possible misconduct. None of the possible alternatives discussed in bargaining were accessed. PSU-AAUP immediately filed a grievance on the administrative leave and moved to take the August 2015 demand to arbitrate out of abeyance. PSU requested and PSU-AAUP granted an emergency meeting to discuss the grievance and demand to arbitrate. PSU-AAUP and PSU agreed to enter expedited bargaining to continue and finish negotiations that stalled in winter 2016 with short extensions on the pending demand to move the matter directly to arbitration. The parties met two to three times during Fall 2016. The matter is now resolved. PSU-AAUP has withdrawn the request to arbitrate. The MOU is here.