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ARTICLE 34 - SPECIAL CONDITIONS AFFECTING PART-TIME
PERSONNEL
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.
34.5.1 Part-time
seniority. Assignment of classes subject to
part-time seniority will be made in a manner
consistent with the definition, qualification,
accrual, and maintenance of part-time seniority in
this Article. Part-time seniority is qualified for and
is accrued for assignment and teaching in families of
courses.
34.5.1.1
Qualification for assignment by part-time
seniority. Faculty members will qualify
for part-time seniority assignment by working for 7
terms in 3 consecutive years for LCC, only 3 terms
of which can count in any year beginning with fall
term. Faculty members will qualify for assignment
in a particular accrual family by teaching in this
family 3 terms within 3 years.
34.5.1.2 Maintenance
of qualification for assignment by part-time
seniority. Faculty will lose their
part-time seniority to courses in an accrual family
if not assigned to teach courses in the family in 2
years beyond absences in teaching due to
professional development opportunities approved by
the College. Part-time seniority in that accrual
family starts again with the next teaching of
courses in the family, as does the process of
qualifying for seniority assignment in that
family.
34.5.2 Accrual of
part-time seniority. Faculty members accrue
part-time seniority beginning on or after fall term
1997. Faculty shall accrue 1 unit of part-time
seniority for classes in an accrual family by teaching
the course one or more times during the 12 month
academic year.
34.5.2.1
Seniority accrual families of
courses. Each department, with the
concurrence with the division chair, shall
determine the accrual families in the division. An
accrual family is a set of courses for which
faculty who are teaching in one course in the
family are capable of teaching in all other courses
in the family. Part-time faculty must meet these
requirements to qualify for assignment by seniority
in courses in the accrual family.
34.5.3 Assignment of
faculty for assignment by part-time
seniority. Before a member of the qualified
pool of part-time faculty qualifies for seniority
assignment in a particular accrual family, the
department/division chair shall determine the
assignment of that person for courses within that
accrual family consistent with established
departmental practices, contracts with the LCCEA, and
applicable law. The amount of work assigned will be
determined by seniority (see below) consistent with
established department/division practices, contracts
with the LCCEA, and applicable law.
34.5.3.1 Once
seniority has been qualified for in general, and
for one or more accrual families, it shall apply to
assignments up to .5 FTE averaged over the academic
year. During each term in the academic year,
seniority shall apply to assignments up to .5 FTE
from among all part-time faculty so qualified.
During summer, seniority assignment shall apply up
to .5FTE from among all people so qualified.
34.5.3.2 Assignment of
contracted faculty within their seniority rights
shall take precedence over part-time assignments.
Among courses for assignment by part-time
seniority, assignment by part-time seniority shall
take precedent over assignment of faculty without
seniority.
34.5.3.3 Ties in
part-time seniority shall be broken on the basis of
part-time bargaining unit seniority. Ties after
that shall be broken by a random method provided
jointly by the College and Association.
34.5.3.4 Exceptions can
be made to accommodate disability.
34.5.4 Alteration of
teaching schedules. Term-by-term, part-time
assignments of faculty with part-time seniority shall
remain fixed once set. For example, after assignments
are made, less senior faculty may not be displaced by
more senior faculty for reasons of class cancellation
and the like. If necessary, full-time faculty may
displace part-time faculty according to the
following:
(1) Identify which offered courses the contracted
faculty member is certified to teach.
(2) If there are no alternative options, the
contracted faculty member bumps into the only
option.
(3) If a choice exists, the choice should be narrowed
initially to
- courses which the faculty member has
taught within the past 5 years
- courses scheduled within a 12 hour work day, with
at least 12 hours before the next work day.
(4) Within the above limitations, or at the step
all choice is eliminated, the least senior part-time
faculty shall be bumped.
34.5.5 Courses outside of
assignment by part-time seniority. Some
courses not assigned to contracted faculty may be
exceptions to assignment by part-time seniority due to
the limited number of members in qualified pools of
faculty who are qualified for assignment by
seniority.
34.5.5.1
Exceptions. Beyond the above, the
following are the exceptions to courses which shall
be assigned in accordance with part-time seniority.
Courses which are open because of the unpaid
sabbatical program for contracted faculty newly
established in the 1999 contract may be assigned
for the following reasons: (1) Necessity to have a
minimum of continuity during the absence of the
contracted faculty member; (2)To create a more
diverse faculty in terms of under-represented
faculty of color, women, or men in the discipline;
(3) Opportunity to have a renowned scholar or
practitioner temporarily join the faculty.
34.5.5.2
Reporting. The exceptions under
Article 34.5.5.1and their justification will be
reported to Personnel and the Association within
ten (10) working days of the assignment.
34.5.6 Part-time
Selection Pool. Part-time faculty
assignments are made for a specified number of terms
at a time. Part-time faculty assignments will be
filled from a pool of qualified faculty for each
family of courses. Contracted faculty within the
subject matter discipline will be involved in the
determination of initial and continuing qualification
for the part-time pool, where feasible. The final
decision as to whether to include, maintain, or remove
a person from the part-time pool is a right of the
manager as a hiring decision, and is not subject to
the grievance procedure provided the subsections below
are followed:
34.5.6.1
Removal from part-time pool.
If a manager chooses to remove a person with
part-time seniority from the part-time pool for a
particular family of courses, the manager shall
provide immediate written notification to the
person and the College labor relations
representative. A written statement outlining the
reasons will be timely provided the person and the
College labor relations representative. The
employee will be advised of his/her right to
contact the Association.
34.5.6.2
Corrective opportunity. Prior
to removal of a person with part-time seniority
from a part-time hiring pool for performance
reasons, the person will be provided the
opportunity to understand and correct his or her
performance shortcomings. This opportunity shall be
described in writing and a copy provided
concurrently to the person and the College labor
relations representative. The employee will be
advised that they have a right to an Association
representative in discussions on this matter.
34.5.6.3
Inherent rights. The reasons
for removal must be consistent with respect for
rights expressed in Articles 7
(Non-discrimination), 15 (Professional Rights), and
16 (Personal Rights).
34.5.7
Communication requirements. For
the making of assignments consistent with this
Article, faculty members shall be responsible for
keeping their departments informed as to how they can
be contacted, and departments will make reasonable
efforts to contact faculty.
34.5.8 Seniority of
Retiring Contracted Faculty. At their
request, retired contracted faculty may be placed in
the appropriate part-time hiring pool(s) and shall
qualify for assignment by seniority in every accrual
family for which they were qualified to teach before
retirement and shall receive three years worth of
part-time seniority in each of these accrual families.
The appropriate manager(s) shall make a timely
decision about placing the person in the requested
hiring pool(s).
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.
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