1.1 Bargaining Unit Composition. Under the provisions of the Oregon PECBA, the Lane Community College Education Association, affiliated with the Oregon Education Association and the National Education Association, has been recognized as the exclusive representative of faculty who work more than twenty percent (20%) of a full-time equivalent departmental workload(s) in a single term or who work or are projected to work twenty percent (20%) or more of an annual full-time equivalent departmental workload(s).

1.2 Contract Precedence. In the event that any provision of this contract is contrary to any policies adopted by the employer prior to the effective date of this contract, then the provisions of this contract shall apply.

1.3 Savings Clause. In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction such decisions shall not invalidate the entire Agreement, it being the expressed intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect, and negotiations shall immediately begin over issues dealt with in clauses declared invalid.

2.1 Effective Date. Except as hereinafter provided, this Agreement shall become effective on July 1, 1999 or the date of ratification by the employees and the employer, whichever is later, and shall continue in effect through June 30, 2005.

2.2 Renewal of Agreement. This Agreement shall be automatically renewed from year to year unless the College or the Association gives written notice to the other after January 1 and not later than February 1 prior to the expiration date of its desire to modify the Agreement for a successive term or to terminate the Agreement.

2.3 Captions. Captions used in this Agreement to identify articles are for information only and are not intended to modify the interpretation of the specific articles.

3.1 Alteration of Agreement. The provisions of this Agreement or properly executed Memoranda of Agreement may be altered at any time upon the mutual consent of both the College and the Association except that neither party shall refuse to meet with the other for the purposes of alteration except as provided in this Agreement and Memoranda of Agreements.

3.2 Notice of Proposal Changes in Personnel Policies. Any time the College determines that matters of employment relations not covered by this Agreement should be amended, or new policies affecting personnel adopted, they will provide the Association fourteen (14) working days' notice and an opportunity to respond prior to the time the amendment becomes effective.

3.3 Labor/Management Committee. The College and the Association shall establish a Joint Labor/Management Committee composed of an equal number of College and Association representatives. The committee will meet monthly during the regular academic year for the purpose of discussing issues and concerns that could impact the College and/or Association bargaining unit members. Agreements, if any, shall not have contractual force or effect. The committee will not be a substitute for the grievance procedure.

4.1 Retention of College Rights. Except as limited by this Agreement, properly executed Memoranda of Agreements, and applicable state law, it is recognized that the College has and will continue to retain the rights and responsibilities to operate and manage the College and its programs, facilities, properties, and activities of its employees.

4.2 College Responsibility. Without limiting the generality of the foregoing, and except as limited by this Agreement, and properly executed Memoranda of Agreements, it is expressly recognized that the scope of the College's operational and managerial responsibility includes:

4.3 Subcontracting. Unless specified otherwise by this Agreement or properly executed Memoranda of Agreement, the College maintains the right to contract or subcontract work, subject to notification to the Association of its intent with enough lead time to permit the Association to enter into discussions with the administration prior to the final decision. Prior to the implementation of any contracting or subcontracting of faculty bargaining unit work, the College and Association shall negotiate the impact of the change.

5.1 Strikes. The Association and members of the bargaining unit, as individuals or as a group, agree that during the term of this Agreement its membership will not participate in a strike, work stop page, slowdown, or other concerted work action affecting Lane Community College.

5.2 Lockouts. The College agrees that during the term of this Agreement there will be no lockout of employees.

6.1 Insufficient funds due to external reasons. Should sufficient funds be unavailable, whether due to statutory changes or for other externally imposed reasons, the Board may prospectively suspend for that fiscal year, or portion thereof, provisions of this agreement that have an economic or monetary effect and that the Board determines cannot be funded. The Board will give advance notice to the Association as soon as possible, and either party may reopen this agreement for negotiations. By May 1, if the College anticipates the potential for an insufficiency of funds, it will so notify the Association and negotiations will commence as soon as possible. The parties will make every effort to complete the bargaining and dispute resolution process before the start of school. If the Board subsequently determines that sufficient funds have become available to fully fund the affected provisions, those provisions will be put into effect retroactively to the start of that fiscal year.

6.2 Reprioritizing. In the event of (1) significant decline in student demand for courses, (2) internal policies or decisions or mutually recognized opportunities which significantly affect funding, internal resources, or student demand, or (3) significant increases in funding due to statutory or other externally imposed reasons, the College and Association shall meet to discuss potential solutions and/or other responses to the situation.

7.1 Nondiscrimination. The Association and the College affirm their adherence to the principles of free choice and agree that they shall not discriminate against any employee covered by this Agreement because of age, race, religion, sex, physical limitations, marital status, sexual orientation, or national origin. Provisions of this Article for which other remedies exist (i.e., EEOC, Department of Labor) shall not be subject to binding arbitration.

7.2 Affirmative Action for Redressing Ethnic and Gender Discrimination. The College and Association recognize that all the effects of ethnic and gender discrimination, including systemic workforce segregation, cannot be remedied simply by ending discriminatory practices and utilizing employment practices that treat people equally regardless of ethnicity or gender; and for this reason, some element of affirmative action is necessary. The term "affirmative action" refers to any measure, beyond simply terminating and prohibiting discriminatory practices, that may be used to increase or maintain the percentage of particular categories of underrepresented employees in the workforce or segments of the workforce. The above understanding shall be reflected in affirmative action policies of the College, which shall be formulated and carried out with active participation of the Association.

7.3 Diversity. The College and the Association, along with other employee group representatives, shall maintain a working environment where a diverse faculty may fully participate in taking collective responsibility for the student learning environment of the college.

9.1 Work Year. Contracted employees contracted to work a three (3) term academic school year shall be required to work up to one hundred seventy-eight (178) days as scheduled by the College.

9.3 Inservice - Part-time. Each part-time employee may be scheduled for up to eight (8) hours of inservice every four terms to be paid at thirty-six percent (36%) of his/her individual credit hour rate. If less than eight (8) hours are scheduled, this amount shall be prorated based on actual hours scheduled.

9.4 Calendar Preparation. The scheduled work year shall include those holidays recognized as paid holidays by the College that fall within the teaching calendar. A copy of the proposed calendar will be sent to the Association for its review and recommendations prior to its official adoption by the Board.

9.5 Recognized Paid Holidays Listed. The following holidays will be recognized by the College as paid holidays: Veterans' Day; Thanksgiving Day, and the following Friday; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day; New Year's Day; 4th of July; Labor Day; Christmas Eve; Christmas Day; and the day following Christmas. When Christmas falls on Monday or Wednesday, the following two days are observed as holidays instead of the last working day before and the first working day after Christmas day. Likewise, when Christmas falls on Friday, the preceding two days are observed as holidays.

9.6 Calendar Modification. If during the term of this Agreement, the College proposes an academic calendar that does not provide vacation periods of a) two (2) weeks between fall and winter, b) one (1) week between winter and spring, and c) one (1) week between spring and summer, then such proposal shall be subject to negotiations upon request by the Association.

9.7 Common Meeting Times. Beginning fall term 2001, classes shall not be scheduled during a weekly two-hour time period determined by the College and Association. The use of these weekly times will be set by college policy for work group, employee group, and college-wide governance.

10.1 Definition. For the purpose of this Article, retrenchment means a partial or full layoff of any contracted employee for any good-faith reason other than disciplinary, performance related, or personal reasons.

10.2 Association Notice. Whenever the College determines that a retrenchment is necessary and the retrenchment will affect employees beginning with the new academic year in the fall, then the College by no later than March 15 of the preceding academic year shall schedule a meeting with the Association to discuss the general subject and possible alternatives. Whenever the College determines that a retrenchment is necessary at any other time, then at least sixty (60) calendar days before its implementation, the College shall schedule a meeting with the Association to discuss the general subject and possible alternatives.

10.3 Layoffs. Layoffs necessitated by the retrenchment shall be in the inverse order of seniority within the affected unit so long as the employees to be retained are qualified to perform the remaining duties.

10.4 Seniority - Grant Funded. Employees hired after July 1, 1993 specifically for a grant-funded project shall not accrue seniority other than within the grant-funded program for which they were hired, or be placed on the RIF Report until they have been rehired for a fourth consecutive academic year. In such case, the employee shall be afforded probationary status and seniority will be credited from the first date of employment.

10.5 Seniority - Defined. Seniority is defined as the employee's total continuous service commencing on his/her first actual workday of continuous employment in the bargaining unit. For layoff purposes, seniority will be calculated to the date of employee notice requirement.

10.6 Seniority - Based on FTE. For the purpose of layoff, a contracted employee's seniority shall be based on the ratio of his/her past continuous work schedule to the full-time standard.

10.7 Elimination of Contracted Positions.

10.8 Retrenchment Units. For the purpose of retrenchment, seniority shall be considered in the following categories in order and respectively: (1) temporary employees, (2) probationary employees, and (3) permanent employees, and within the following units which are based on related job skills:

10.9 Retrenchment Report. The College shall prepare a report for each of the above affected units by October 15 of each year. Each report shall set forth the following information:

10.11 Retrenchment and Transfer on Report. Before laying off an employee, the College will attempt by seniority to place the faculty member in any vacant position in the bargaining unit for which the employee meets the minimum qualifications. An employee transferred under this provision shall retain recall rights under this Article.

10.12 Transfer of Unit Seniority. Employees who transfer to a new affected unit shall continue to accrue seniority in their original unit for three (3) years. At the beginning of the fourth (4th) year of the new assignment, all seniority will be transferred to the new affected unit.

10.13 Effect of Leave on Seniority. Unless provided for otherwise in this Agreement or properly executed Memoranda of Agreements, employees on full or part-time unpaid leaves will retain seniority earned prior to such leaves but shall not earn seniority for the period of such leaves. Employees on full or part-time paid leaves shall continue to earn seniority for the period of such leaves. In the event of layoff and two or more employees have equal seniority, the employee with the earliest date of hire as a continuous bargaining unit employee shall be considered senior.

10.14 Nonbargaining Unit Seniority. Employees of the College may be granted a leave of up to thirty-six (36) months from a position included in the bargaining unit while still employed by the College and shall retain their seniority earned while employed in a position covered by the bargaining unit, but shall not accrue additional seniority. However, employees who remain outside the bargaining unit for more than thirty-six (36) consecutive months shall relinquish all seniority rights unless specified otherwise in this Agreement or properly executed Memoranda of Agreements.

10.15 Seniority Tie-Breaker. In the event a decision is to be made between two (2) faculty members who have equal seniority, the decision of which employee shall be retrenched shall be made on the basis of evaluations as provided in this Agreement. If the affected employees remain tied after a review of their evaluations is completed, then the decision shall be made by lot.

10.16 Insurance for Retrenched Employees. Laid-off employees shall have the right to continue to participate in the employee fringe benefit program for eighteen (18) months or as required by statutes, whichever is greater, by making personal payments of the premiums due.

10.17 Retrenchment Notice to Employee. The College will provide notice of layoff to the affected employee by no later than May 1 of the same academic year for any employee affected by a retrenchment which the College was required to discuss with the Association by March 15 in Section 10.2. The College will provide at least sixty (60) calendar days' notice of layoff which is at least thirty (30) calendar days after the sixty (60)-day notice to the Association in Section 10.2, to the affected employees for retrenchments that occur at any other time of the year.

10.18 PERS Termination. Laid-off employees who find it necessary to terminate from the Public Employee Retirement System during their twenty-seven (27) month recall period may do so by written request to the Personnel Office and shall not be considered a terminated employee for other employee rights as determined by this Article.

10.19 Order of Recall. Recall shall be made in inverse order of layoff, provided the employee meets the minimum qualifications to perform the assignment(s) to which he/she is being recalled.

10.20 Recall Rights. Laid-off bargaining unit employees shall have recall rights to permanent positions within the listed units they were laid off from for a period of twenty-seven (27) months from the first day of the month following the date the employee would have normally reported to work. Employees laid off for more than twenty-seven (27) continuous months from the effective date of layoff shall relinquish all recall rights and shall be considered terminated.

10.21 Recall Notice. Notice/Information: Recall notice shall be mailed by certified letter to the last mailing address recorded with the College. Employees shall have the obligation to advise Personnel Services of address changes or changes in qualifications. A recall notice must be answered within thirty (30) calendar days of certification. The response must be by certified mail to Personnel Services. The expiration of a temporary contracted position or part-time assignment to which an employee has been recalled does not trigger the College's obligation to provide layoff notice to the Association or the employee.

10.22 Recall Notice Rejection. Laid-off bargaining unit employees may reject a recall notice without forfeiting recall rights for future openings.

11.1 Bargaining Unit Roster. Within four (4) weeks of the commencement of each fall, winter, spring, and summer term, the College shall provide the Association with a list of the names and addresses of all members of the bargaining unit and the percent of full time which they are to be employed for that quarter as reflected in the programmed data base.

11.2 Office Space. Office space on campus shall be available to the Association, including private phone, email and internet access. The Association will reimburse minimum phone service fees.

11.3 Association Leave. Up to a total of eight (8) working days may be provided to members of the unit for the transacting of Association business. Determination of to whom the days are assigned shall be in control of the Association President. Such leave shall not be taken for purposes of local union governance. Substitute replacements required for grievance processing will be provided by the College on a case by case basis.

11.4 Release Time for President, Negotiations Chair, and Grievance Chair. The Association president, negotiations chair and grievance chair shall be given released time under the following provisions:

11.5 Release Time for Other Association Work. Release time requests initiated by the Association beyond that specified in the above article shall be granted according to the following provisions:

11.6 Release Time to Represent the Association in Joint Association-Administration Efforts. The College and Association, by the mutual consent of the Instructional Vice-President(s) and the Association President, may establish joint Association-management structures (committees, project teams, task forces, councils, etc.) with work requirements for Association representatives that necessitate release time or credit-based assignment time.

11.7 Reassignment Time for Association Business. In the event release time is not appropriate for assignments in this Article, upon request of the Association president, LCCEA representatives shall be granted an equivalent paid credit-based assignment for the purpose of fulfilling such responsibilities, providing appointments of part-time faculty requiring a temporary contracted position shall be made in accordance with Article 25.2.

11.8 Non-discrimination. Faculty on leaves for Association business as defined in this Article will accrue college seniority and retain claims to job assignments in appropriate RIF unit(s) as if the leave had not occurred. A faculty member’s eligibility for leaves, curriculum development, professional development, and other support and professional opportunities will not be negatively impacted due to their leaves or credit-based assignments allowed in this Article.

11.9 Communication. Access to college resources for the purpose of communication by the Association includes use of college print shop, intercampus mail, email, provision of a physical bulletin board space in a public location, links from the LCC website to the Association website, and use of college servers for the Association website.

11.10 Meetings. The Association may schedule all-faculty meetings anytime on campus property through normal scheduling procedures. Faculty attendance at these meetings shall be voluntary. The Association shall choose the time for its all-faculty meeting during the fall inservice, subsequent to and consistent with the college president's choice of time for his/her address to faculty. No other events for faculty may be scheduled during the Association's fall inservice all-faculty meeting.

11.11 Information Requests. Upon written request by the Association, the College shall, in a timely manner, provide information for the purposes of grievance investigation, bargaining, or within the domain of the Public Records Law (ORS 192.420). Such written requests will be simultaneously submitted to the college labor relations representative, Personnel, and to the person/department believed to have direct access to the information. The Association will receive notice of receipt of the request within five (5) working days, and an Association representative will be available to answer questions about the scope of the request during those five (5) working days. The provider shall provide an account of difficulties in providing the information if the time needed is expected to exceed the following guidelines: Five (5) working days from receipt of the request for information currently residing in departmental databases; Twenty (20) working days for information that requires original research or extensive calculation/correlation.

12.1 Posting of Vacancies. Simultaneous to the public announcement of the opening of a new or existing contracted position, the College shall post notices on specified bulletin boards on the campus of the availability of the position. A brief description of the job, the qualifications necessary, the date the new employment will be available, and the procedure for applying will be included.

12.2 Temporary Employee. A contracted position which is staffed with a temporary employee for any three (3) terms in an academic year and which will be continued in the following year shall be posted as outlined in Section 12.1. Failure to post such a position will cause the temporary employee to be hired as a probationary employee.

12.3 Seniority Right to Interview. If the person currently filling the contracted position on a temporary basis was selected for this position through a posting/selection process, rather than seniority selection of a part-time employee or offer to a contracted employee on lay-off, and the person has satisfactorily performed in the position, the person shall have a right to a final interview to the position when it is open for a permanent employee.

12.4 Interview for Part-time. Part-time employees who have worked during the previous twelve (12) months and who have applied for contracted positions shall be entitled to a final interview if, in the College's judgment, they are among the six (6) applicants most qualified for the open position and available for the final interview step when the final interview step is set up. If more than one position is being filled in a single process, the limit of six (6) will be increased by one for each additional position. (For example, it will be seven (7) if two positions are being filled.)

13.3 Principles. The principles of the evaluation procedures at Lane Community College include:

13.4 Developmental Evaluation. Developmental Evaluations shall be used to provide a structured and supported opportunity for faculty to periodically take stock of accomplishments, reflect on current and future directions, and connect those directions with the challenges facing the discipline and department/division. The experience within this type of evaluation is intended to be purely developmental and result in a development plan.

13.5 Separation. The Developmental Evaluation is intended to be separate from the corrective and disciplinary processes. The specific Corrective Evaluation process is defined in Article 37. While complete separation of these processes is not possible, effective separation is achieved by the following:

13.6 Multiple Evaluations. Probationary faculty shall receive a substantive evaluation every year of their probation. Every other faculty member shall receive a Developmental Evaluation once per three-year period of employment.

13.7 Use of Peer Evaluation and Teaching/Professional Development Portfolios. Peer evaluation of employees and teaching/professional development portfolios can be key inputs to developmental planning. A faculty member has the discretion over the scope of use of peer evaluation and material in teaching/professional development portfolios in the evaluation process, but data provided within this scope shall be accessible by request to the College. Peers have the discretion over being part of peer evaluation. Data and conclusions derived from peer evaluation initiated by the employee separately from the evaluation process may be introduced into it only at the discretion of the employee.

13.8 Use of Regular Student Evaluations. The regular student evaluations of classes may be used in evaluations of faculty provided:

13.9 Probationary Employees. After their first year, probationary employees may not be recommended for non-retention based on performance without receiving at least one Corrective Evaluation. Further, probationary employees may not be non-renewed during a Corrective Evaluation and the period of any subsequent improvement plan.

13.10 Evolution of Evaluation Handbook. The Lane Community College faculty Developmental Evaluation and Corrective Evaluation processes are the product of a collaborative faculty/administration effort. It is in the joint collegial interest of both the faculty and administration to develop and maintain the highest reasonable evaluation standard, which will result from the continuing collaboration of both parties in the ongoing evolution of the evaluation and developmental standards and processes. Therefore, the College and the Association have produced an evaluation Handbook, which is limited to clarifying statements of the evaluation process, forms, checklists, and instructions. The College and Association will regularly review this Handbook and solicit suggestions for its improvement. Any proposed changes to the Handbook will be submitted to the Association and College labor relations representative for timely review for conformance with collectively bargained Agreements.

14.1 Maintenance of Files. The College shall maintain a personnel file for each faculty member employed by the College.

14.2 Contents of Files. The file shall contain copies of all evaluations. Commendations, letters, or other material deemed appropriate by the College may be included. All entries shall be dated and signed by the submitting party.

14.3 Working File. Materials maintained in a departmental working file, but not placed in the employee's official personnel file within ninety (90) calendar days of their development, shall not be used in any discharge or dismissal proceedings.

14.4 Addition of Material by Employee. The employee may have material added to the personnel file as he/she deems appropriate.

14.5 Notification of Derogatory Material. Prior to the time any derogatory material is placed in the personnel file, the employee shall be notified in writing and shall be accorded sufficient time to respond. The written response of the employee shall also be placed in the personnel file. In any event, the employee agrees to acknowledge by his/her signature that he/she has seen such material.

14.6 Inspection of Files. The personnel file shall be open for inspection by the employee and to such other persons as are officially designated by the employee.

14.7 Use and Removal of File Material. Materials may be expunged from the file by mutual consent of the employee and the College. Negative material about behavior, other than egregious behavior, that does not recur over one year shall not be used for discipline. Such material shall be removed at the request of the employee.

15.1 Evaluation Of Students. The instructor shall maintain the first right and responsibility to determine grades and other evaluations of students. Except through action by the Academic Council, no grade or evaluation shall be assigned or changed without the consent of the instructor as long as the instructor is employed by the college.

15.2 Academic Freedom. Each faculty member is entitled to and responsible for protecting freedom in the classroom in discussion and presentation of the subject matter. The professional freedom of faculty includes the right to explore and discuss controversial issues and divergent points of view, including evaluating, criticizing, and advocating their point of view concerning the policies and programs of the college, provided action is consistent with the guidelines of the Values and Behaviors document, jointly established and maintained through the Work Relations Council.

16.1 Personal Life. The Board recognizes that the personal life of a faculty member is not an appropriate concern of the College unless it affects the member's job performance.

16.2 Privacy. The privacy of an employee's mailbox, office, email, phones, computer, and personal material shall be respected. No information from these sources shall be gathered, stored, or exchanged without explicit, timely, prior notice to the faculty member. Exceptions to such notice may be justified due to emergency situations and shall be limited as much as feasible and shall be reported as soon as feasible to the employee and the Association. Any breach of normal privacy in these circumstances shall be done with the cooperation, and in the presence of, a third party.

16.3 Civic Life. Each faculty member is also a citizen of his or her nation, state, and community; and when he or she speaks, writes, or acts as such shall be free from institutional censorship.

17.1 Expense Reimbursement Policy. The College agrees to provide expense reimbursement to employees who, with prior approval, participate in professional activities for the purpose of benefiting College programs. Such participation will be without loss of pay.

18.1 Property of an Employee. An employee shall be entitled to complete ownership and control of any intellectual property including inventions and copyrightable material, created outside of the course and scope of their employment. In this context, activity outside the scope and course of employment is activity that is not specifically required by the College for employment.

18.2 Property of College. In the event an employee is reimbursed or provided release time by the College specifically for development of books, articles, or other materials for use by either students or staff, then the materials will become the property of the College and any copyright or patent of such materials will be by the College; however, the staff member will be credited for the development of the material.

18.3 Use of College Equipment and Facilities. The allowed use of college equipment and facilities shall be timely bargained, pending consultation with attorneys.

19.1 Contracted Faculty. The College agrees to waive tuition for any contracted employee who enrolls at Lane Community College.

19.2 Part-time Faculty. Part-time employees shall be eligible for tuition waiver, which shall be one (1) class per term, and which may be taken anytime that term or the next three (3) following terms.

19.3 Enrollment in Classes. With prior approval, the employee may enroll in a class during the regular working day provided attendance in such class does not interfere with the employee's regular responsibilities to his/her students.

19.4 Family Tuition Waiver. The family tuition waiver available through faculty is set forth in the Family Tuition Waiver Memorandum of Agreement. Eligibility requirements to members of faculty families will be no greater than eligibility requirements to members of families of employees in any other college employee group. The rule determining the number of courses waived per person through faculty shall be no less than through employees in any other campus employee group.

19.5 Severance Tuition Waiver. Contracted faculty who are retrenched or severed for health reasons at the college after employment during four (4) continuous years shall be eligible for a tuition waiver for an accumulated number of terms at Lane Community College. These waived terms shall be available for four (4) years after the date of their retrenchment or health related severance. The number of tuition waived terms is accumulated at the rate of one (1) term per two (2) full years of service or equivalent (in terms of 1.0 FTE of contracted faculty, with no more than 1.0 accumulated per year).

19.6 Emeritus Tuition Waiver. Contracted faculty who retire from the college shall be entitled to a tuition waiver of one class per term.

20.3 Military Leave. Military leaves shall be allowed in accordance with federal and state laws relating to such leaves.

20.5 Care for parents. Leaves for care for their own infirm parents or those of their spouse will be provided in the same manner as parental leaves in this Article.

21.4 Return From Paid Or Unpaid Leaves. The college shall not be obligated to return an employee from leave at any time except as agreed to at the time the leave was granted.

22.1 Compensation - Contractual Time. An employee shall be granted leave with pay for service upon a jury provided, however, that the amount of compensation received by the employee for such jury service, excluding compensation for travel and expenses, shall be signed over to the College.

22.2 Compensation - Noncontractual Time. Pay received during jury duty on days that the employee would not otherwise be scheduled for work shall be the property of the employee.

22.3 Reporting to Work. During the period of jury duty, the employee shall report to the College for duty on those days when he/she is not required to report for jury duty, or is released from duty during his/her regular work schedule.

23.2 Funding. A general professional development fund of $186,490 shall be established for the purpose of funding professional development projects and activities as defined in Section 23.1. Of these funds, a minimum of $40,000 shall be set aside for short-term professional development; $24,000 shall be set aside for new faculty orientation; if available, funding shall be set aside for discipline contact support; and funding shall be set aside for other professional development and academic scholarship activities provided for by Agreements between the College and Association. The Faculty Professional Development Committee shall administer these funds and resources purchased by the fund. The General Faculty Professional Development Fund shall increase annually at the same percentage as the full-time faculty salary, except that an additional $65,250 shall be included in the fund and not increase annually.

23.3 Committee and Subcommittees. The committee shall consist of a minimum of eight (8) members representing diverse faculty interests, and appointed by the association. In addition, a Vice President for Instruction or designees shall serve as an ex-officio member without voting rights.

There will be a standing subcommittee to administer short-term leave funds and a standing subcommittee to administer long-term paid sabbatical leaves. Subcommittees will appoint their own chairs who also serve as members of the Faculty Professional Development Committee. The Faculty Professional Development Committee may create additional subcommittees.

23.4 Rules. The committee and subcommittees shall develop rules and procedures as they deem appropriate, including an appeals process ending with the Association’s Executive Board.

23.6 Transfer of Funds. The committee may transfer general professional development funds into the short-term and/or long-term leave accounts with consensus of the committee chair and subcommittee chairs.

23.7 Carry Over. Professional development funds not spent during a fiscal year will be carried over to the following fiscal year and added to the general professional development fund amount designated in Article 23.2.

23.8 Long-term Leaves.

23.10 Discipline Contact. The Faculty Professional Development Committee, directly or through a subcommittee, shall administer funds made available to support faculty in disciplines in the college to maintain contact with the current thinking about teaching in the discipline. A report of the extent of these funds shall be provided annually to the College and the Strategic Learning Initiative Leadership Team.

23.11 New Faculty Orientation. The Faculty Professional Development Committee, directly or through a subcommittee, shall administer funds for and oversee the Faculty Connections program to orient and integrate new faculty into the college.

23.12 Developmental Evaluation Support. The Faculty Professional Development Committee, through its coordinator or designees, shall work with Developmental Evaluation teams to help identify professional development support opportunities and to develop and maintain files on existing professional development resources for this purpose.

23.13 Faculty Academic Scholarship. The Faculty Professional Development Committee, through its coordinator or designees, shall support structures of faculty scholarship as agreed by the College and Association. The Faculty Professional Development Fund may be utilized to provide funding for such activities.

25.2 Unapproved Temporary Contract Conditions. In all conditions, as defined within 25.1.1.1, temporary contracts that go beyond the approved contract date, or meet the conditions for a temporary contract without having been approved specifically in writing, will either be terminated as soon as feasible or approved. Any unapproved credit equivalent assignment will not count toward the part-time faculty credit limit defined in this Article.

25.3 Probationary Period. All new contracted employees except temporary employees and Student Health Nurses shall serve a three (3) year probationary period. Such period must be complete and continuous academic years of employment accomplished during consecutive years unless the employee has been granted a leave of absence under the terms of this Agreement.

25.4 Nonrenewal. A probationary employee may be nonrenewed for any reason deemed in good faith sufficient by the College. Notice of such nonrenewal shall be sent by certified mail by March 15.

25.5 Dismissal of Permanent Employee. Upon successful completion of the probationary period, an employee shall be considered permanent and may be discharged or dismissed only for just cause.

25.6 Placement on Notice. If the basis for dismissal or discharge action is performance related, the employee may be placed on notice for up to one (1) year before such action is made final. The employee shall be notified by March 15 of the College's intention to retain or dismiss.

25.7 Just Cause Discipline. Discipline: No employee shall be reprimanded, suspended, or reduced in compensation without just cause.

25.8 Complaint Procedure. Any written complaint regarding an employee will be timely investigated and called to the attention of the employee within five (5) working days from the time the College determines there may be merit to the complaint. The employee will be given a copy of the complaint and an adequate opportunity to respond to and/or rebut such complaint. Any unwritten complaint regarding an employee will be promptly examined, and if the College determines it may have merit, it will be reduced to writing within five (5) working days from the time the College becomes aware of the complaint. Investigations of written complaints will be completed within twenty (20) working days, unless a written agreement between the College and Association extends the timeline.

25.9 Right to Representation. The College will provide timely notification to an employee of his/her right to have an Association representative, prior to any meeting that may lead to the discipline of said employee. The College will reasonably accommodate the Association and employee in scheduling the time for such meetings.

25.10 Plan of Assistance. The Association shall be notified of any employee that the College is placing on a Plan of Assistance.

26.6.1

26.6.1.2

27.2 Applicability to Assignment. All academic credits, degrees and work experience used for original level placement must be applicable to the employee's assignment. All academic credits and degrees must be earned from accredited institutions.

28.1 Eligibility. Following original placement, any faculty employee may become eligible to advance to a higher level on the salary schedule by satisfying the criteria for that pay level as stated in Article 27, using academic credits, degrees and work experience not used in original placement or in previous level advancement.

28.2 Advancement. After completion of three (3) or more years of teaching at Lane Community College, any faculty employee with a master's degree or equivalent may become eligible to advance to a higher level on the salary schedule through the accumulation of career advancement points earned for experience, academic credits and degrees not used in original placement or in previous level advancement. Any faculty employee will immediately become eligible to advance to a higher level on the salary schedule on completion of a doctorate degree in the field applicable to the individual's employment.

28.3 Faculty Level Change Committee. The Faculty Level Change Committee shall review all faculty level advancement requests and submit its recommendations to the Instruction vice president(s) for implementation. The committee shall consist of five (5) members. The Instruction vice president(s) shall appoint two (2) members. The remaining three (3) members shall be appointed by the Association. Faculty representatives must be on Level 3 of the salary schedule to be eligible. The Committee shall choose its chair. The Committee shall develop application procedures and a handbook providing operating procedures, guidelines and criteria for level change approval. The handbook shall be submitted to the Association and the College.

28.4 Annual Limits. Not more than an aggregate of ten percent (10%) of the employees shall be advanced from Level I to Level 2 or from Level 2 to Level 3 in any given year. Employees denied level advancement because of excessive applications shall be given first consideration during the following year.

28.5 Advance to Next Highest Level. When an employee is advanced on the salary schedule to the next higher level, he/she will be placed in step at the next higher dollar amount at the new level. Level changes shall not affect eligibility for step increases. (An employee shall be moved from his or her existing level to the next level at the next higher dollar amount and then advanced one (1) step). Exceptions to this procedure may be made as necessary to insure that a level advancement results in a salary increase.

29.2 Placement Correction Limit. Step placement effective during each school year shall be considered correct, unless raised as an issue within a calendar year. During their first term of employment, the College will provide contracted employees and the Association the criteria and data used to arrive at level and step placement.

30.2 Part-time Original Step Placement. Original placements on steps will be as follows:

30.3 Part-time Level Advancement. Following initial employment, level placement will be as follows:

30.4 Advance to Next Higher Dollar. When an employee is advanced on the salary schedule to the next higher level, he/she will be placed in step at the next higher dollar amount at the new level. Level changes shall not affect eligibility for step increases. (An employee shall be moved from his or her existing level to the next level at the next higher dollar amount and then advanced one (1) step.) Exceptions to this procedure may be made as necessary to insure that a level advancement results in a salary increase.

30.5 Step placement shall be deemed correct unless raised as an issue within one calendar year.

31.1 Dues Deduction. The College shall deduct from the check of all employees in the bargaining unit who are not members of the Association a fair share fee in lieu of dues.

31.2 Fair Share Deduction. An exception to this Article will be allowed based on bona fide religious tenents or teachings of a church or religious body of which the employee is a member. Such employee shall pay an amount of money equivalent to full OEA/NEA/LCCEA dues only to a nonreligious charity or to another charitable organization mutually agreed upon by the employee and the Association. The employee shall furnish written proof to the College that this has been done.

31.3 Hold Harmless Clause. The Association agrees to hold the College harmless against any and all claims, suits, orders, or judgments brought against the College as a result of the provisions of this Article.

32.1 Monthly Installment Options. All contracted, three-term employees of the College will be paid their annual salaries in twelve (12) equal installments with their first installment to be paid not later than September 30 and their final installment not later than August 31.

Employees may elect to receive their annual salaries in ten (10) equal installments providing that they notify the College in writing, on the authorization form available in Personnel Services, no later than July 1, or 30 days prior to the first installment, whichever is earlier. The ten (10) month option will be in effect upon initial assignment and will remain in effect until changed in writing.

Contracted employees beginning on other than the start of the academic year shall have their first year's pay in monthly amounts calculated from their days worked and the daily rate from the current salary schedule.

32.2 Pay Adjustments. Employees shall be notified and given an opportunity to work out mutually agreeable settlements in issues involving their pay before any pay adjustments can be made.

32.3 Overload Pay. Employees who work beyond their contracts during their normal academic year shall have the overload pay incorporated into their pay in the month(s) in which the work is performed.

32.4 Faculty Administrative Support Positions. The College shall provide release time or equivalent compensation (if not part of a contracted faculty member's non-teaching responsibilities) to any employee serving in any position providing administrative support at the program, discipline, department, division, or college-wide levels (See Article 38). The amount of such release time or equivalent compensation shall be established by prior written agreement in accordance with this Agreement, properly executed Memoranda of Agreements, and properly certified charters. No employee shall be required to accept such positions except as required by this Agreement, properly executed Memoranda of Agreements, or properly certified charters. Copies of all written agreements specifying the responsibilities and a summary of all such assignments and the amount of release time or equivalent compensation, if any, shall be provided to the Association each term, within one term of the beginning of the assignment.

32.5 Compensation for Non-Teaching Duties - Part-Time. If the College assigns ancillary work such as committee assignments, the employee shall be compensated at the current curriculum development rate per hour for all such hours assigned. Such assignment must be made in writing and a copy given to the appropriate vice-president and the Association. Such ancillary assignments will be voluntary and can be refused without prejudice.

32.6 Substitutes. If a substitute is found to be necessary to teach classes (or perform faculty work in the case of non-teaching faculty) for a short period of time, two weeks or less, the following procedure, in the order below, will be followed:

32.7 Short-term Replacements. If a replacement is found to be necessary for an employee who will be unable to perform their normal assigned duties for a short period of time, up to five weeks, one or more short-term replacements may be hired, subject to the following:

33.1 Contracted Faculty Insurance.

33.2 Part-time Faculty Insurance.

33.3 Insurance Benefits. Insurance coverages and premiums shall be as set forth in the Insurance Memorandum of Agreement.

33.4 General

34.1 Return From Absence. Part-time employees who return to College employment following an absence of not more than three (3) terms shall retain the bargaining unit seniority and sick leave accrued at the time the employee left his/her employment, unless the absence is due to a professional development opportunity approved by the College in which case the three (3) term limit will be lengthened by the period of the approved opportunity.

34.2 Assignment Notice. Each part-time employee shall be issued a statement indicating, among other things, assigned workload.

34.3 Recognition. Recognition for longevity of service and other contributions to the success of the college by part-time faculty will be incorporated into practices of recognition of contracted faculty. When and if that is not feasible, appropriate separate recognition will be given to part-time faculty.

34.4 Employment Notice and Scheduling. Decisions regarding initial or continuing employment of part-time faculty will be provided to faculty in writing at the earliest reasonable times. Without such notification, a faculty member does not have assurance of employment. The College recognizes that part-time faculty may rely on employment in other settings, and will give consideration to these needs with respect to creating a reasonable overall work schedule, consistent with this Agreement, and properly executed Memoranda of Agreements.

34.5 Part-Time Hiring and Assignment Process.

34.6 Seniority of Temporary Contracted Faculty. Temporary contracted faculty shall accrue part-time seniority and qualification for assignment by part-time seniority.

34.7 Temporary Appointment Selection by Seniority. If a temporary contracted position is not filled by a contracted faculty member on lay-off or through a posting/search process, and is not an unpaid sabbatical exception to the use of part-time seniority, then, if practical, the temporary contracted position will be filled through selection of qualified, available part-time faculty utilizing part-time seniority. Namely, the right of first refusal will be given to faculty in order of highest seniority in any of the accrual families encompassed by the temporary assignment.

34.8 Compensation for Cancelled Classes. Timely notice shall be provided the employee and the Association of the cancellation, its date, and any compensation as a result of the cancellation, including cancellation caused by bumping.

35.1 The following per term, normal workloads are examples of the equivalencies which can be used to demonstrate an annual workload of 36-48 credits.

35.2 Interest Arbitration. The Association may submit an individual, individuals or department workload to interest arbitration if in the judgment of the Association such workload equivalencies are excessive when compared to the standards outlined in Section 35.1 above.

35.3 Voluntary Nature of Non-Teaching Work. The workload of contracted teaching faculty is intended to include an amount of non-teaching work. The choice of specific non-teaching faculty work shall be the decision of the faculty member and can be made without prejudice, subject to the ability of the college to accomplish non-teaching work as specified by this Agreement, properly executed Memoranda of Agreements, certified workgroup charters, and workgroup consensus decisions.

35.4 Non-Teaching Work. Non-teaching workload consists of activities beyond directed student contact time and immediate class work, which includes preparation, grading, office hours, and examining student work.

36.2 Grievance Procedure. The purpose of this procedure is to provide an orderly method for resolving grievances. A determined effort shall be made to settle any such differences at the lowest possible level in the grievance procedure and, to the greatest extent possible, meetings or discussions involving grievances and grievance procedures shall be scheduled at such a time so as not to interfere with employee duties.

36.3 Grievance Time Limits. Extension of timelines (for valid reasons such as availability of parties involved, for investigation, etc.) as specified in this Article, shall be by mutual agreement between the College and the Association. All mutual agreements shall specify a deadline date for the resumption of the grievance procedure. Otherwise, grievances will be processed in the following manner and within the stated time limits:

36.4 Selection of Arbitrator. When a timely request has been made for arbitration, the parties or their designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall within ten (10) days of the appeal, jointly request the Oregon Employment Relations Board to submit a list of five (5) arbitrators who are also American Arbitration Association-qualified arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination; and thereafter each shall, in that order, alternately strike a name from the list and the fifth and remaining name shall act as the arbitrator.

36.5 Hearing. The arbitrator shall schedule a hearing on the grievance and, after hearing such evidence as the parties desire to present, shall render a written decision.

36.6 Authority of Arbitrator. The arbitrator shall have no power to advise on salary adjustment except as to the improper application thereof; nor to add to, subtract from, modify, or amend any terms of this Agreement or of the policies of the College.

36.7 Binding Decisions. A decision of the arbitrator shall, within the scope of his/her authority, be binding upon the parties.

36.8 Costs of Arbitration. The College and the Association will share equally any joint costs of the arbitration procedure, such as the fee and expense of the arbitrator and the cost of the hearing room.

37.1 Corrective Evaluations. Corrective Evaluations shall be the response to indications of performance deficiencies requiring significant intervention. Their outcome shall be a clarification of the validity of indications of performance deficiencies, a clarification of performance expectations, and/or an improvement plan if indicated by the evaluation.

37.2 Corrective Evaluation Principles. Corrective Evaluations may be implemented at any time during an academic year. All such evaluations shall be developed within the following principles:

38.1 Faculty Administrative Support Positions (FASPs). Faculty administrative support positions (FASPs) refer to any faculty positions providing administrative support for faculty self-management activities, as a part of governance, or as required by administrative agencies. Such positions may be defined at the program, discipline, department, division, or college-wide levels. Such positions have had a variety of designations, including lead faculty, program chairs and coordinators, department chairs, college task group and task force members. Where appropriate, FASPs will be defined within workgroup and non-workgroup charters; and the rationale for faculty in the position(s) will be delineated in an appropriate written document.

38.2 Establishing and Maintaining FASPS. Beginning Fall Term, 2000, FASPs will be established and maintained according to the following processes:

38.3 Conditions of the FASP Assignment. Conditions of the FASP assignment are the following:

38.4 Evaluation. Any evaluation of the person's work filling a faculty administrative support position shall be based on performance in relation to the jointly developed specific job descriptions and competency requirements and will include the input of all stakeholders.

38.5 Resignation, Removal, and Reassignment.

39.1 Faculty Council. The Faculty Council shall be established and maintained to carry out its functions in accordance with this Article.

39.2 Relation of other Bodies to the Faculty Council. The Faculty Council shall have a relation to other entities of the college governance structure.

40.1 Definition, Purpose and Scope. Charters of workgroups (divisions, departments, programs, etc.) and non-workgroups (councils, taskforces, committees, etc.) are written documents describing, as appropriate, objectives, purposes, operating processes, and working relationships with other college entities. The College and Association agree that the establishment of charters produces clarity and focus of work, leading to an increase in effectiveness.

40.3 Support. Unless it agrees otherwise, the Work Relations Council will be the provider of reliable methods, models, and other support for the development of charters, and for their periodic review. The College and Association shall assure that charters fall within legal and contractual limitations and shall certify them on this basis.

40.4 Respect. Chartered decision-making processes will be based on the principle of "Respect for All People and their Capabilities" described in the Lane Community College Values and Behaviors document.

40.5 Dispute resolution. Disputes concerning charters will be raised within the Labor-Management Committee before the normal grievance process.

40.6 Application. Charters are binding agreements. Other than changes following from this Agreement and properly executed Memoranda of Agreements, charters once established may only be changed through a process similar to the original chartering or by a process specified within the charter.

40.7 Annual Review. The faculty contract bargaining teams will jointly review the operation of charters to assess and ensure the effectiveness of the chartering process of this Article.

MOA: DISTANCE LEARNING

3 Distance Learning Advisory Committee. Distance learning courses and distance learning elements of courses have increased, and are expected to increase, creating a number of important issues which need to be dealt with in a principled, timely, and flexible way. Given the task of coming to terms with these issues and the expectation that conditions will continually change, a Distance Learning Advisory Committee (in this Agreement called the Committee) shall be chartered through the mutual agreement of the College, Association, and Federation.

4. Investigation, Coordination, and Review. The Committee will establish processes that will result in timely decisions regarding issues brought before it. Workload issues, and the establishment of workload benchmarks and principles shall be coordinated through the Workload Advisory Committee. The Committee may recommend the chartering of studies of distance learning questions along with reasonable resources identified from the College. A review of the product of the Committee will be routinely conducted by the College labor relations representative, the Association, and the Federation to facilitate processes involving collective bargaining and to assure consistency with contractual and legal requirements. The College, Association, or Federation may submit issues unresolved by the Committee and unresolved through the negotiations process to interest arbitration.

5. Conformance. This Agreement and properly executed Memoranda of Agreements and the decisions following from them represent the sole agreement on distance learning. Distance learning practice and agreements of the College will conform to the main Agreement and properly executed Memoranda of Agreements between the College and Association.

6. Compensation Principles. The following principles regarding compensation for distance learning shall be followed:

7. Workload Principles. The following principles regarding workload involving distance learning shall be followed:

8. Development, Delivery and Course Approval Principles. The following principles regarding development, delivery and course approval involving distance learning shall be followed:

9. Training Principles. The following principles regarding training involving distance learning shall be followed:

10. Evaluation Principles. The following principles regarding evaluation involving distance learning shall be followed:

11 Buying and using packaged courses. In this section, "packaged courses" refers to courses, purchased or leased, where the instructor, in part or for the whole course, comes with the course, including "hosted" distance learning courses. "Incorporated material", on the other hand, refers to materials and resources the LCC instructor builds upon or adapts - for example, Web CT templates and CDs and online material from textbook publishers. The following principles regarding buying and using packaged courses involving distance learning shall be followed:

12. Integration and Jurisdiction. Issues of jurisdiction and overlap involving distance learning courses shall be dealt with in the same manner as traditional courses, involving faculty, divisions, departments, and the Curriculum Committee. Issues regarding jurisdiction and overlap involving non-credit distance learning courses may be brought to the Distance Learning Advisory Committee.

13. Distance Learning Intellectual Property Rights and Revenue Sharing. The College and Association shall timely engage in bargaining over intellectual property rights and revenue sharing involving distance learning.

1. The following insurance options shall be provided:

2. For the HMOs and A/CEA plans, premiums beyond the maximum set above shall be shared equally between the College and covered employees effective July 1, 1999 through ratification of the economic re-opener, provided the direct savings from a new prescription card shall accrue to employees up to and not exceeding the employees' contribution.

For the G/CEA plans, premiums (if any) beyond the College contribution for the corresponding A/CEA plan (maximum plus shared amount) shall be paid by the covered employee.

1. Chartering Sponsors. Chartering of the faculty academic journal shall be sponsored by the following people or their designees: the Strategic Learning Initiative Leadership Team co-chairs, Faculty Professional Development Committee coordinator, Faculty Council chair, student publications production advisor, and initial co-editors.

2. Initial Funding. Release time or compensation at the curriculum development rate, equivalent to one class each, over summer 2000 shall be provided for the co-editors to develop the charter, design the publication, and set tentative production schedules. This shall be accomplished with consultation with the chartering sponsors, the voluntary participation of an editorial advisory board they will select, and the feedback of faculty solicited in Spring 2000.

3. Production. Upon acceptance of the charter by all the charter sponsors before the start of Fall term, 2000, biannual production will timely commence during the academic year. It is intended that the co-editors shall each receive two classes release time per academic year to oversee the journal. In addition, during each year, one class release time shall be provided to each of two thematic editors.

4. Review. An annual review of the journal by the chartering sponsors or their designees will be conducted to make decisions about its modification and continuation. The review and subsequent decisions will be based on the extent to which the journal is fulfilling its charter.