On October 15th, ninety-four of our non-tenure track co-workers received a notice of layoff; seventy-four of these notices were contractually mandated and the remaining nineteen were “courtesy” notices. These seventy-four of our co-workers are non-tenure track faculty with continuous appointment. Those notices for members with continuous appointment, however, violated our collective bargaining agreement. On November 20th, we submitted a grievance, signed by over half of the non-tenure track members receiving these notices. Per our collective bargaining agreement:
Due to a change in curricular needs or programmatic requirements made in accordance with applicable shared governance procedures. In such a case:
i. As soon as practicable, but no later than 60 days prior to issuing a notice of termination, the Department Chair must provide written justification for the decision and explanation of the applicable shared governance procedure to the faculty members the Dean, the Provost and the Association. - Article 18, Section e4i.
Administration violated the contract by:
- issuing notices prior to making any changes in curricular needs or programmatic requirements. These changes have not yet been proposed to the Educational Policy Committee, the Faculty Senate committee that reviews program moratoria and eliminations, and no decisions have yet been made; and
- the notice letters sent to members did not explain any shared governance process. The form letters merely stated:
As required by Article 18, Section 2.e.4.i of the AAUP Collective Bargaining Agreement, I am providing you written justification and notice that your non-tenure track instructional position is being considered for termination. This decision is warranted due to anticipated changes in the unit's programmatic and curricular needs related to decreased enrollment, a reduction in student demand, and other factors. If the circumstances that have resulted in a need to terminate your position separately and independently require a shared governance process, these processes will be followed. If a decision is made to terminate your position, you will receive an official notice of termination on or before December 15, 2024, and your position will end on June 15, 2025.
The grievance seeks a remedy that would nullify the notices, and that 60-day notices must be re-issued after appropriate shared governance had been followed and programmatic and curricular decisions had been made. Only then could the 60 day notice of layoff and then the 180 day official termination be in accordance with our contract. Moreover, it asserts that any reissued notices explain the shared governance procedures that will be followed.
Thirty-eight members, just over half of those eligible to grieve these notices, signed their name to show Administration that they cannot subvert our contract yet again. You and your co-workers have the power to push back against administration – contact us if you sense any potential contract violation!