Member News October 17, 2016
The Fall Membership meeting is Tuesday October 25, 2017 12:00 to 1:30 PM in SMSU 327. Light lunch will be served.
We will spend some time discussing the contract and the new Individual Professional Development Accounts (IPDAs).
Other News
First Academic Professional Workload mitigation grievance submitted
A new academic professional with over a decade of experience in their specialization was told thart their position should regularly take between 50-60 hours per week. Pursuant to the Article 17 Section 10 (b) they first sought out their supervisor requesting relief. The academic professional was told they are "working too slow" and in their last job they must have been just "pushing buttons."
PSU-AAUP reviewed the case and determined that the acedemic professional is likely being assigned an "excessive and unreasonable workload," which is a violation of Article 17, Section 10 (a). PSU-AAUP issued a demand for a workload mitigation meeting pursuant to Article 17 Section 10 (b) last week.
This demand letter will create an ad hoc committee comprised of the supervisor, Human Resources, PSU-AAUP and the grievant to explore ways to reduce the workload. If the committee is not successful, then PSU-AAUP can appeal at Step Three of the grievance procedure, and then on to arbitration.
PSU-AAUP hopes that the committee can convene within the same time frame as Division B grievances in Article 28. Stay tuned... we'll let you know how this makes out.
Grievance Files Demand to Bargain new Online Leave Reporting System
Several members forwarded an email from Human Resources mandating the use of a new online leave reporting system. PSU was required by law to provide notice to PSU-AAUP of their intention to create the system as it has elements that fall in PSU-AAUP's mandatory scope of bargaining.
The University did not provide required notice, and their failure to provide PSU-AAUP with notice was unlawful.
Despite that, PSU-AAUP reacted to the e-mails received from members as if we had received notice and issued a Demand to Bargain over the decision and/or the effects of the decision to implement the new online leave reporting system.
As is our legal right, PSU-AAUP also demanded that the status quo be maintained until agreement can be reached, or until the timelines required for bargaining this new system has been met. As such, if AAUP members receive additional directives to comply with the new online leave reporting system, the University will have committed a Unfair Labor Practice. Please let Phil Lesch know of any new directives to comply with the new online leave reporting system.
Correction to the 2014 University Promotion and Tenure Guidelines Appendix 4
In the course of processing a grievance regarding an NTTF-I’s promotion and his access to the rank of Assistant Professor, PSU-AAUP and OAA found a discrepancy in Appendix IV of the P&T Guidelines adopted in 2014. At some time after the faculty senate approved the new ranks and Appendix 4, a statement was added to the diagram in Appendix 4 which states :
*In accordance with departmental guidelines adopted and approved prior to September 16, 2014.
This statement conflicts with the language that in the Appendix that language states:
Departments with NTTF instructional faculty hired before 9/16/14 are required to have clearly defined criteria in Departmental P&T Guidelines for promotion to Assistant Professor.
PSU-AAUP and OAA have agreed that the proper way forward is to honor the language that was agreed upon, and to correct Appendix 4 by removing the added language at the *.
PSU-AAUP submits comments on revision to Student's Records Policy The new student's records policy contain elements that virtually replicate the definition of "education records" from FERPA. In the past the University has used those over broad definitions to withhold the identity of students who have filed complaints against faculty members when those complaints were the basis of charges seeking sanctions provided in Article 27 Section 2 of the CBA. The Employment Relations Board has since determined that student complaints are not part of the "education record" unless the University can prove "both a legitimate and substantial confidentiality interest" and pursue "a good-faith accomodation" to reconcile the "possibly conflicting obligations." We have requested that the University revise the draft policy to state the University is only adopting the legal definition of "education record" under FERPA.
PSU-AAUP submits comments and Demand to Bargain on new Religious Accomodation Policy
PSU-AAUP submitted comments on the new Religious Accomodation Policy along with a Demand to Bargain the policy as it contains elements that fall within PSU-AAUP's scope of bargaining. Specifically, PSU-AAUP wants to see any accomodation extended to students in this policy under the Title VII of the Civil Rights Act of 1964 also extended to employees.
PSU-AAUP submits Demand to Bargain the implementation of the new FLSA Rules on overtime eligibility
The PSU-AAUP Negotiating Team and the management negotiating team discussed at length the need to address the implementation on the new FLSA rules on overtime eligibility in winter-spring 2016. We did not, however, affirm that we would come to the table and bargain about them. PSU-AAUP issued the Demand to Bargain over the implementation last week. Of significant concern to PSU-AAUP are the positions that are slated to transition to overtime eligible on the December 1 implementation date that are currently occupied. We expect to begin discussions soon.