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CONTRACT BULLETIN #2

REPORT ON SEPTEMBER 15th NEGOTIATIONS

(click here to download this bulletin as a Word document)

The PSC held its second collective bargaining session with CUNY management on Friday, September 15.  The union accomplished two important things at the session: we presented our complete list of contract proposals, which are published below; and we established that the negotiations will be open.  The PSC maintains the right to communicate with our members, the press and the public about the course of negotiations.  Confidentiality will be observed only on an ad hoc basis, when agreed to by both parties for a particular discussion.  

Representing the PSC is the Negotiating Team appointed by the Executive Council.  Its members are: Barbara Bowen, President; Steve London, First Vice-President; Cecelia McCall, Secretary; John Hyland, Treasurer; Stanley Aronowitz, University-Wide Officer; Frank Deale, University-Wide Officer; Michael Fabricant, Vice President for Senior Colleges; Anne Friedman, Vice-President for Community Colleges; Peter Hoberman, Vice-President for Cross-Campus Units; Eric Marshall, Vice President for Part-Time Personnel.  In addition, the PSC team is supported by Frank Annunziato, who has agreed to serve as Chief Negotiator while we fill his position at the PSC; and by Arthur Schwartz and Susan Jennik, legal counsel to the PSC.  The Negotiating Team will also include representatives of the chapter contract liaisons once the liaisons are in place. 

CUNY management is represented by Vice-Chancellor for Faculty and Staff Relations Brenda Malone; Vice-Chancellor for Legal Affairs/General Counsel Frederick Schaffer; Director of Instructional Staff Labor Relations Raymond O'Brien; Assistant Director of Instructional Staff
Labor Relations Joan Fleishman; and Randy Levine, an attorney and consultant to the CUNY negotiating team.

We began the session by stating that the PSC wanted to move the negotiations forward and to make our contract proposals public as soon as possible.  Thus we had decided to present our proposals to management at this session, even though CUNY had told us that management might not be ready with its proposals.  We presented copies of the 170 proposals below to the representatives of CUNY management; the proposals complement the Statement of Principles we had read at the opening session.  The proposals contain a program for transforming our professional lives; they offer a new vision of the University as a major resource for the people of New York and a center of both research and teaching.  

On receipt of the proposals, CUNY management announced that they would reply with an evaluation of which demands they considered permissible, mandatory, and non-mandatory subjects of bargaining.  We asked for this response in writing before our next bargaining session; CUNY agreed. 

Turning to the issue of ground rules for the negotiating sessions themselves, a subject Randy Levine had raised at the first session, the PSC restated its agreement to the first two of management’s proposed ground rules: that collective bargaining sessions would be held alternately at the PSC and at 535 East 80th Street (except when the presence of a large number of people at the session made it more practical to meet elsewhere); and that both sides would sign off on tentative agreements as negotiations progressed, but that no agreements would be final until ratified.  Both of these rules are standard features of labor negotiations, and it is useful for the PSC to have a written record of tentative agreements as discussions progress.   

The third ground rule proposed by Mr. Levine, that negotiations be kept confidential except for necessary communication with our respective constituencies, was rejected by the PSC.  We proposed—and management accepted—that either side could request that certain portions of the discussion at the table be in confidence for the sake of making progress, but that both sides would have to agree in advance to that arrangement.  Otherwise, the PSC will provide summaries of sessions to you on this website and in other publications.  

We welcome your comments on the proposals and the negotiations, and will follow this list of the PSC proposals later in the year with more detailed analyses of each section.  While we reserved the right to present further proposals to management, the PSC’s central vision for the new contract is contained in the proposals below.  They were developed through the most far-ranging process of contract discussion ever undertaken by the PSC, and were approved unanimously by the Delegate Assembly last June.  If we are to achieve at the bargaining table the transformation of our working lives these demands propose, we will need the engagement of every one of our members.  We believe it’s a transformation worth fighting for.  


PROPOSALS FOR COLLECTIVE BARGAINING AGREEMENT

SEPTEMBER 2000 

 

CONTENTS

click to go to STATEMENT OF PRINCIPLES

PROPOSALS

click heading to go to item

A.  Recognition

B.  Salary 

Workload 

D.  PSC/CUNY Relations 

E.  Grievance and Arbitration 

F. Disciplinary Actions 

G. Bill of Rights 

H. Professional Staff 

I.  Part-time Faculty 

J. Hunter Campus Schools 

K. Distance Learning 

L. Retirees 

M. Health, Pensions and Other Benefits 

N.  Conditions for Professional Life 

O. Duration


PSC CONTRACT PROPOSALS

 

go to STATEMENT OF PRINCIPLES

Recognition 

1.  All employees who perform the same or similar functions to those in titles in the unit, such as but not limited to teachers in CLIP and Language Immersion Institutes, shall be included in the unit regardless of funding source for their positions. 

2.  The Chairpersons of Library, Counseling and Co-op Departments shall be elected by members of the respective departments. 

3.  CLIP and Intensive Language Immersion Institute staff are full-time personnel who shall be assigned a title of Language Immersion Lecturer. 

4.  The exclusion of Continuing Education Teachers and Lecturers from Articles 9, 18, 19 and 20 shall be omitted. 

5.  CUNY Health and Safety Officers shall be included in the bargaining unit. 

6.  CUNY sign-language interpreters shall be included in the bargaining unit. 

7.  All computer titles within an academic or instructional area of the University shall be presumed to be covered by the PSC bargaining unit unless it can be shown that the preponderance of the job responsibilities are merely clerical in nature.  All computer titles within an administrative area of the University shall be presumed to be included in the bargaining unit if the preponderance of the job responsibilities are instructional in nature or support the instructional activities of the University.

back to Table of Contents for Contract Proposals


 Salary

 

8.  Salaries shall be restored to their historic position of comparability with the salaries provided by major research institutions.  Faculty, graduate assistant and non-classroom instructional staff salaries shall be amended as follows: 

9.  Starting salaries shall be substantially raised in each faculty, graduate assistant and staff rank. 

10.  The number of steps between the bottom and the top in each rank shall be reduced. 

11.  The remaining steps shall be substantially increased so that maximum salary steps in each rank are substantially increased.   

12.  The waiting period of the longevity steps shall be eliminated. 

13.  All members of the bargaining unit shall receive substantial across-the-board salary increases in each of the three years of the contract. 

14.  Lecturers shall be placed on the Assistant Professor salary scale at the appropriate step. 

15.  The Registrar series shall have parity with the Professorial salary scale. 

16.  Adjunct faculty shall be paid on the basis of parity with full-time faculty as follows:  

17.  Adjunct Lecturers shall receive one-twentieth (1/20 or 0.5) of a Lecturer’s salary, at the corresponding level on the salary scale, for every contact hour taught.  It is understood that this salary would include compensation for office hours and fulfillment of various departmental duties, as for full-time faculty ranks, on a pro-rated basis depending on hours taught.  Salary for Adjunct Assistant Professors and higher Adjunct ranks would be based on the same ratio of parity plus an additional 10% for Adjunct Assistant Professors, 20% for Adjunct Associate Professors and 30% for Adjunct Professors.  These salary rates include pro-rated time for office hours and departmental assignments.  Adjuncts shall receive the same salary placement regardless of the college in which they work. 

18.  There shall be established an hourly overtime rate of 1/1000th of annual salary or compensatory time, at the employee’s option, to apply for any work in excess of 30 or 35 hours a week, depending on position, for all non-classroom instructional staff. 

19.  All non-classroom instructional staff members shall receive differential pay for all work performed on weekends and evenings. 

20.  There shall be a $10,000 increment for all steps on all College Laboratory Technician, Assistant to HEO, and Assistant Registrar schedules in addition to the negotiated percentage increase. 

21.  An annual salary and salary steps equal to that of Lecturers shall be established for CLIP Lecturers. 

22.  The Research Assistant salary scale shall be equal to that of Lecturers. 

23.  The Research Associate salary scale shall be equal to that of Associate Professors. 

24.  The Performance Excellence Award shall be deleted from the contract. 

25.  The Lecturer Doctoral schedule and the EOC Lecturer Doctoral salary schedule shall be eliminated, but only if the PSC proposal to move Lecturers to the Assistant Professor salary schedule is accepted. 

26.  Add to Article 10.3a: “Adjuncts whose course is canceled less than thirty (30) days prior to the start of classes shall be paid for the entire course.” 

27.  A step salary schedule shall be established for faculty members at the CUNY Law School. 

28.  Instructional staff who work multiple positions shall be paid for this work at the same rank and step as they are paid for their full-time work.   

29.  The restriction on multiple teaching opportunities for those members of the instructional staff who receive reassigned time for research activities shall be eliminated. 

30.  Add to Article 20: “Payment for multiple position teaching shall not be deducted from back-pay awards.” 

back to Table of Contents for Contract Proposals


Workload

31.  Teaching loads shall be made comparable to those at other major research universities.  The undergraduate contact hour teaching load shall be a maximum of 15 annually for senior colleges (including the College of Staten Island and New York City Technical College), a maximum of 20 annually for community colleges, and a maximum of 20 annually for Instructors, Lecturers and Substitutes.  (It is understood that this teaching load applies to all undergraduate and Master’s courses.) 

32.  For new tenure-track faculty, the contact teaching hour load shall be a maximum of 12 annually for all senior and community colleges in at least each of their first two years, depending on the research programs of the individual faculty members. 

33.  A three-credit doctoral course shall count as 6 contact teaching hours. 

34.  The University and the PSC agree that the attainment of smaller class sizes at CUNY is a desirable and necessary goal to continue to provide high-quality instruction for our students and to guarantee an environment where teaching and research will thrive.  The University and the PSC further agree that smaller class sizes are a vital element in fostering the highest standards of teaching and research.  The University and the PSC are, therefore, committed to across-the-board decreases in class sizes throughout CUNY.       

35.  The PSC and the University will cooperate to insure that the wishes of departments are honored, in terms of section, course, laboratory (including speech and language labs) and studio size limits.  As a maximum, class sizes for laboratory or studio classes shall not exceed the number of stations in the lab or studio.  The number of students in any class will also be consistent with the health and safety requirements of the New York City Fire Department.  Given that the PSC and the University agree that skill in writing is essential for academic success, special efforts will be made to keep the number of students enrolled in writing/composition courses as small as possible.  The University will provide the PSC with statistics to enable the PSC to monitor compliance with departmental preferences in class size. 

36.  Upon the effective date of this contract, representatives of CUNY and the PSC will meet to reduce the size of unusually large classes throughout the University.  The term “unusually large classes” shall mean those classes in which the number of students is not at least 25 percent less than the average for those classes in the prior three years.  Thereafter, representatives of CUNY and the PSC will meet at the beginning of each semester to reduce the size of classes larger than in previous years. 

37.  Departments shall continue to specify course and section limits.  In the event that actual class size exceeds departmental size limits, the instructor shall receive an additional one contact hour credit towards the instructor’s teaching workload for each five students above the departmental limits. 

38.  Amend Article 9.7: “The teaching load for faculty in Substitute titles shall be the same as that of the faculty in the equivalent tenure-track rank.” 

39.  Add to Article 9.10 and to Article 9.12: “Whenever an appeal is submitted to the President under this Article, the President must respond within ten (10) calendar days of the receipt of the appeal.” 

40.  Amend Article 15.2: “Adjunct Lecturers and Adjuncts in other faculty titles shall have parity with Lecturers in contact hour teaching load.  The annual teaching contact hour load for Adjunct faculty shall not exceed that of Lecturers.” 

41.  Full-pay year-long sabbaticals shall be instituted for all tenured faculty, and a year-long research leave at full pay shall be instituted for tenure-track faculty in the third year of their appointment in a manner appropriate to the faculty member’s discipline.  Such leaves shall not interrupt the tenure clock. 

42.  Three hours of reassigned time for two consecutive semesters shall be made available to faculty who have recognized research progress, such as a book contract, revision of a refereed article, a paper accepted for an international conference, as determined by the department Personnel and Budget Committee.  

43.  All Counselors shall be restored to the faculty calendar, and all Librarians, regardless of when hired, shall earn 30 days of annual leave per year. 

44.  The work week for all no-classroom instructional staff shall be reduced to 30 hours. 

45.  The work week of Librarians shall be 30 hours over five consecutive days, with two consecutive days off. 

46.  Time spent reading and answering course-related electronic mail and listservs shall be counted as part of required office hours. 

back to Table of Contents for Contract Proposals


CUNY-PSC Relations 

47.  Amend Article 2.4c(v) as follows: “Upon delivery to a standing Committee of the Board of Trustees of any proposal for a Board resolution respecting a term or condition of employment of employees covered by this Agreement, or upon the appearance on the Board’s agenda of any such resolution, the PSC may request consultation with the Chancellor or the Chancellor’s designee in respect of such proposed Board action [strike the words unless manifestly impracticable] and the Chancellor or the Chancellor’s designee, prior to the Board’s action, shall report to the Board the substance of such advance consultation [strike the words: it being understood that the PSC’s consent to the Board’s action shall not be required prior to such action being taken or becoming effective, unless the Board action shall be inconsistent with a stated term of this Agreement.] 

48.  Should any proposed resolution of the Board of Trustees or any action of any administrator be addressed to the terms and conditions of employment, to the extent that such term is not addressed in this Agreement, the University shall be obligated to negotiate with the PSC in good faith.  The unilateral implementation of a term or condition of employment or the unilateral change in such terms may be subject to a grievance pursuant to Article 20 of this Agreement.  Changes in the terms and conditions of employment that may have the effect of unlawful discrimination, as described by Article 8 of this Agreement, will be subject to negotiation with the PSC and may be grieved under Article 20 of this Agreement. 

49.  Amend Article 2.6: “Such consultations shall not be deemed a substitute for the obligation to negotiate in good faith over proposed changes in or additions to the terms and conditions of employment.”   

50.  The waiver that allows non-collection of agency fee for all adjuncts shall be rescinded. 

51.  PSC members who are employed at the Equal Opportunity Centers shall be released without loss of pay to attend PSC-sponsored workshops and training sessions. 

52.  PSC Chapter Chairs at the Equal Opportunity Centers shall receive reassigned time for their union work.

back to Table of Contents for Contract Proposals


Grievance and Arbitration 

53. Add to Article 20.4: Extensions of all time limits contained in the formal procedure for handling grievances may be granted by mutual agreement in writing between the parties.  In the event the University does not adhere to a time limit at any level of the grievance procedure, absent written mutual agreement between the parties, the grievance shall be deemed sustained. In the case of grievances pertaining to denial of reappointment, denial of reappointment with tenure or denial of promotion, the grievance shall be submitted to a select faculty committee, which will render a final decision.   

54. The time limit for initiating a grievance shall be ninety (90) days, excluding Saturdays, Sundays and legal holidays, for all grievances, except grievances relating to reappointment or to an appointment with a Certificate of Continuous Employment. These shall be filed within ninety (90) days, excluding Saturdays, Sundays and legal holidays of the individual’s scheduled date of notification, as specified in Articles 10 and 13 of the Agreement.  

55. For grievances still unresolved at the second step of the procedure, a grievance mediation step shall be introduced when discussions to resolve the grievance do not lead to an agreement. The parties agree to the use of a mediator who would issue an advisory opinion. The parties are entitled to pursue additional settlement discussions after reviewing the advisory opinion.  Grievances unresolved after mediation may be arbitrated.  

56. Add to Article 20.8:  “Should a grievance or arbitration be resolved through a settlement agreement, the PSC and the grievant shall agree to withdraw with prejudice only the complaint, grievance or arbitration that gave rise to the settlement agreement. The withdrawal shall be limited solely to the actions that gave rise to the claim involved in the grievance, complaint or arbitration, and no other conditions of employment for any period either preceding or following the last date listed in the agreement.  

57. Timeliness guidelines governing the University's response to grievances shall be established and enforced with the consequence that failure to respond within the established time frame will result in a favorable decision for the grievant. 

58. Article 21.11 shall be deleted.  Article 21.11 states: Adjuncts shall be subject to discharge for just causes, subject to the Grievance and Arbitration article and not to Article 21 of this Agreement. 

 back to Table of Contents for Contract Proposals


Disciplinary Actions 

59.  The Procedures for Implementation of the City University’s Policy against Sexual Harassment shall be incorporated with the following changes: 

60. Section 3: Confidentiality, add:  “All individuals who are involved in the complaint-reporting, mediation and/or investigation process are obliged to maintain confidentially about the proceedings. Confidentially does not mean that the details of the complaint will be withheld from the charged party or the PSC.             

61. Section 7: Informal Resolution of Sexual Harassment Complaints, add:  “At no time shall the accused be required to submit a written statement in response to the complaint of sexual harassment.”           

62. Section 8: Investigations of the Sexual Harassment Complaints, change 8(b) to read: “When appearing before the Panel Coordinator and the Deputy Coordinator, the accused shall not be obligated to submit a written statement at any time during the investigation of the sexual harassment complaint or when appearing before the sexual harassment panel.  The Panel shall provide the accused with a written statement, signed and dated by the complainant, which sets forth the particulars of the complaint, including dates and places, as well as the impact of the alleged harassment with specificity.           

63. Records and Reports, change to read:  “Records regarding complaints of sexual harassment shall be handled in the following manner: 

64. All records of complaints shall be maintained solely in a file maintained by the Sexual Harassment Panel Coordinator to be maintained in the college’s Personnel Office.  No complaints, including any and all supporting documents, shall be placed in any other files maintained by the college, including, but not limited to, both personnel files listed under Article 19 of the Agreement.    

65. Records of investigated complaints in which no probable cause is found will be confidentially maintained for a period not to exceed one year, or until the conclusion of any outside agency investigation or legal action, whichever is later. 

66. Access to records of complaints is strictly limited to those university and union representatives directly investigating the complaint, implementing an informal resolution of the complaint or involved in formal disciplinary actions related to allegations of sexual harassment consistent with Article 21of the Agreement. 

67. Records of decisions by complaining parties not to pursue complaints they have filed with the Sexual Harassment Panel Coordinator shall be confidentially maintained for a period not to exceed six months.” 

68. Delete from the Procedures: Applicability of Procedures: (b) The procedures are intended to provide guidance to the President and Panel members for implementing the University Policy against sexual harassment; these procedures do not create any rights or privileges on the part of any others. 

            Insert:              The word “shall” after interview in second bulleted paragraph.

            Delete:            The word “not” in the last bulleted paragraph.          

back to Table of Contents for Contract Proposals       



Bill of Rights for All Members of the Instructional Staff
 

69. The following Bill of Rights shall be implemented:

An employee shall be informed of his/her right to a union representative or an attorney prior to the initiation of a disciplinary proceeding, including but not limited to, an investigative interview that may lead to disciplinary action, pursuant to this article.

·    No statement(s) or admission(s) made by an employee during an investigative interview without that employee having the opportunity of a union representative or an attorney shall be subsequently used in a disciplinary proceeding against such employee. 

·    No employee against whom disciplinary action has been initiated shall be requested to sign any statement or admission of guilt, to be used in a disciplinary proceeding under this article without the opportunity to have a union representative or an attorney. 

·    An employee shall not be coerced or suffer any reprisal either directly or indirectly that may adversely affect that individual’s hours, wages or working conditions as the result of the exercise of the above stated rights. 

·      Disagreements arising as to the interpretation or application of these rights shall be subject to the grievance and arbitration procedures contained in Article 20. 

70.  Notification to the PSC:  Whenever a written notice of intent to prefer charges is served upon an employee or where investigative interviews are conducted which may lead to such action are initiated by a college, a copy of the notice shall be sent simultaneously to the employee and to the President of the PSC or the President’s designee. 

71. College Presidents shall adhere to strict deadlines for the issuance of Presidential reasons in cases of appeal.  Rebuttal by the grievant shall be permitted. 

72. Add to Article 21: “Respondents not represented by the union shall place funds in escrow prior to the start of the arbitration hearing in a manner parallel to that stipulated in Article 20.6.”

back to Table of Contents for Contract Proposals


Professional Staff 

73. HEO’s shall be entitled to Presidential reasons in the case of a denial of reappointment, beginning with the first reappointment.   

74. The HEO series shall be established as a promotional series.  

75.  A peer committee shall be established for HEO, Registrar, and CLT personnel to make recommendations on all appointments, reappointments, promotions, and tenure; the members of the committee shall be elected by non-classroom instructional staff members.           

76.  The CLT series shall be reestablished as a promotional series using standard instructional staff promotion procedures. 

77.  A uniform pay policy for shall be established for non-teaching instructional staff who work on paid holidays. 

78.   HEO series titles shall have a notification of reappointment period comparable to that of teaching faculty.  

79.   There shall be established 1-year appointment and four 1-year reappointments as a prerequisite for 13.3b appointments.            

80.  A Certificate of Continuous Administrative Service shall be granted under 13.3b to HEO’s for total university-wide service, cumulative in all HEO Series titles held by the employee. 

81.  One-year notice of retrenchment shall be given to HEO’s who are retrenched.            

82.  Non-teaching instructional personnel hired since September 1, 1987 shall earn annual leave at the same rate as those non-teaching instructional personnel hired prior to September 1, 1987, i.e., thirty days per year. 

83.  Unlimited accumulation of annual leave days shall be provided for non-teaching instructional staff members. 

84.  Non-classroom instructional staff shall be entitled to carry over unscheduled holidays. 

85.   Non-classroom instructional staff shall be provided paid professional development leaves of up to one semester.           

86.  In the event an annual evaluation is not conducted before March 1 in any year, the employee’s performance shall be considered satisfactory.  The same provision shall apply to teaching faculty. 

87.  The requirement that the employee notify management if observation or annual evaluation does not occur within contractual time limits shall be eliminated. 

88. Grievants shall be made whole for all retroactive reinstatements.  Any grievant who wins retroactive reinstatement with permanent employment; i.e., tenure, promotion, CCE, CCAS, etc., shall receive full back salary, inclusive of fringe benefits.           

89.  Article 13.3b appointments shall have the same rights as multiple-year, tenured, and CCE appointments where applicable.  Article 13.3b non-reappointments shall receive the same priority in arbitration scheduling as other back-pay grievances. 

90.  A uniform observation/evaluation form shall be created for CLT’s. 

91.  There shall be established a committee comprised only of bargaining unit members to hear and render binding decisions on complaints of excessive workload brought forward by the non-teaching instructional staff.  

92.   A uniform, university-wide policy establishing a 10-week, four-day workweek during the summer months shall be enacted. 

93.  Whenever appropriate, there shall be no laboratories without instructors and/or technicians holding Certificates of Fitness.  

94.  All lines of retired or non-reappointed staff in a department or division, including Registrars, shall be replaced within one semester. 

95. Appropriate degree requirements shall be instituted for CLT positions.  

96.  CUNY and in-house training programs shall be provided for HEO’s and CLT’s, with released time for participants. 

97.  Time served in substitute titles shall be included for CLT’s when computing tenure or 13.3.b. status.           

98.  The HEO/CLT work year shall be established as one fall semester, one spring semester and one mini-module (e.g., Winter, Intersession or Summer Session). 

99. It shall be guaranteed that CLT’s are not responsible for teaching and shall not be placed in labs or studios in lieu of teaching faculty; it shall be further guaranteed that CLT’s are not responsible for giving students access to teaching areas without an instructor present. 

100.  PSC Cross Campus chapter officers, regardless of campus of employment, shall be guaranteed reassigned time for union work during the period September 1 through August 31. 

101. Article 30.3.a shall be changed to include all full-time members of the instructional staff. 

102.  Each member of the instructional staff shall be provided with appropriate office space, a desk, a chair, a telephone, file cabinets and bookshelves.

back to Table of Contents for Contract Proposals


  PART  TIME FACULTY

103.  Adjuncts shall be eligible, on a pro-rated basis, for all the benefits, prerogatives and opportunities granted in the collective bargaining agreement to full-timer members of the instructional staff.  The language of the Agreement throughout shall be amended accordingly. 

104.  After 10 consecutive semesters of teaching at CUNY, an Adjunct shall receive a Certificate of Continuous Employment (CCE). The Certificate of Continuous Employment shall be awarded retroactively at the inception of this contract. Article 12.1 shall be further amended to read: “…such time shall commence with the first semester of appointment.” 

105.  All provisions of Article 9.10 shall apply to part-time members of the instructional staff. 

106.  After 2 consecutive semesters of teaching at CUNY, an Adjunct must be offered appointments of not less than one year.  

107.  After 2 consecutive semesters of teaching at CUNY, a Continuing Education Teacher shall be offered appointments of not less than one year.  

108.  After 6 consecutive semesters of teaching at CUNY, an Adjunct who is not reappointed must be given a written explanation for the non-reappointment. 

109.  Adjuncts shall earn seniority based on the total number of semesters of teaching completed in an academic department at CUNY.  The principle of seniority shall govern reappointment and assignment of contact teaching hours. 

110.  Adjuncts who have been non-reappointed for fiscal or programmatic reasons shall have priority in reappointment and the assignment of credit-hours (where this does not conflict with PSC Proposal 98) when the canceled sections are subsequently reoffered. 

111.  Adjuncts shall not receive unreasonable schedules.  

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HUNTER COLLEGE SCHOOLS  

112.  The number of sabbaticals granted annually to Campus Schools shall be increased to at least five. 

113.  A fair system for the granting of unpaid leaves of absence shall be established. 

114.  Job-sharing arrangements on a voluntary basis shall be established. 

115.  The indemnification rights of faculty members shall be incorporated into the Agreement.

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DISTANCE LEARNING

116.  All material created by an instructional staff member shall be the intellectual property of the instructional staff member exclusively.   

117.   No member of the instructional staff shall be required to participate in any distance-learning project. 

118.  The University shall provide stipends, including in the summer, for instructional staff members who want to learn how to develop distance-learning programs. 

119.  Workload for distance learning courses shall be governed by the workload provisions of this Agreement, except that in the first two years of a distance leaning course, instructors shall be credited for two contact hours for each one distance learning course contact hour. Thereafter, with departmental consent, distance learning courses shall be granted additional credits towards faculty workload requirements. This provision shall include Librarians. 

120.  Class size limits for distance learning courses shall be determined by the instructor  teaching the course and by his/her department. 

 back to Table of Contents for Contract Proposals


RETIREES 

 

121. The University shall issue an identification card, at no charge, to all retired members of the instructional staff; the card shall be valid at all CUNY campuses and facilities. 

122. The identification card shall permit retired members of the instructional staff access to all CUNY buildings and facilities on an equivalent basis to active instructional staff members, including but not limited to faculty dining rooms, gymnasiums, swimming pools, libraries and computer labs. 

123.  Retired members of the instructional staff shall have access to computer services at their home campuses and at other campuses on an equipment available basis. 

124. Retired members of the instructional staff shall be provided with office space and phone service on a space-available basis. 

125.  Retired members of the instructional staff shall be granted parking privileges at their home campuses on a space-available basis.

 back to Table of Contents for Contract Proposals


  H EALTH, PENSION AND OTHER BENEFITS 

126.  Employer contributions to the Welfare Fund shall be substantially increased. 

127.  Adjunct faculty health benefits shall be transferred to New York City or State of New York system.  

128.  Following the municipal pattern, Adjuncts who teach at least "half-time" (which shall be defined as two courses or six credit hours per semester) shall receive full-time benefits, which shall be funded by the City. 

129.  Bereavement leave with pay for five days shall be granted for the loss of a member of the employee's immediate family, including domestic partners.  

130. Graduate fellows in all categories shall have the same health insurance, including dental insurance, as full-time faculty.  

131.  Adjunct faculty at EOC’s  and adjunct CLT’s shall be eligible for the same retirement benefits on the same basis as full-time faculty and full-time CLT’s. 

132.  The agreements made between the City of New York and the Municipal Labor Committee on TRS pension contribution improvements shall be incorporated into the Agreement.   All members of the ORP shall have their 3 percent contribution paid for by the University after 10 years of service. 

133.  All courses taught, regardless of funding source, shall fulfill eligibility for benefits. 

134.  Seniority and eligibility for benefits shall be earned CUNY-wide. 

135.  Adjunct faculty who have earned benefits shall have those health benefits continued if their teaching load drops to 1 course or 3 credit hours as the result of departmental decisions. 

136.  Adjunct faculty shall be entitled to a semester of regular paid leave, with no loss of seniority, after 14 consecutive semesters of teaching at least 2 courses or 6 credit hours per semester.  Compensation shall be calculated by averaging the number of credit-hours taught per semester for each of the previous 6 semesters and multiplying that by the adjunct's credit-hour salary and by 15 (the number of weeks in a typical semester). 

137.  Adjunct faculty shall be eligible for unpaid leave, with no loss of seniority, on the same basis (pro-rated) as full-time faculty.  

138.  Members of the Optional Retirement Program (ORP) shall be eligible to receive after- retirement health and welfare benefits after five years of service at age 55 if they began employment at CUNY prior to 1976, and at age 62 if they began employment at CUNY after 1976. 

139.  ORP members who came to CUNY after 1976 shall also be eligible to receive post- retirement health and welfare benefits after 30 years and age 55. 

140.  Multiple position work shall be pensionable to all members of ORP’s. 

141.  The requirement that TIAA/CREF retirees must retain 33 percent of the accumulation shall be eliminated.  The changes the Board of Trustees made to TIAA/CREF this year; i.e., loans and elimination of 33 percent requirement for people who leave CUNY and are not eligible for post-retirement health benefits, shall be incorporated into this Agreement. 

142.  Employees who switch from the Research Foundation to CUNY payroll and vice versa shall not be classified as new employees to establish health insurance eligibility. 

143.  Employees who move back and forth from the Research Foundation to CUNY shall have their service bridged so that they do not have to reestablish eligibility for post-retirement health and welfare benefits. 

144.  Employees in the ORP who transfer from SUNY to CUNY shall be maintained in their original tier.  

145.  The University agrees that adjuncts who have not received a commitment in writing for a position for the next semester by the end of the previous semester shall be eligible to receive unemployment compensation and that the University will not contest such claims. 

146.  The side agreements made to provide post-retirement health benefits for EOC retirees shall be incorporated into this Agreement. 

147.   The University shall reimburse all EOC retirees for the costs of Medicare Part B., as it does for all other CUNY retirees. 

148.  A Transit Checks program shall be instituted.

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Conditions for Professional Life

149.  Each campus shall establish childcare services for members of the bargaining unit and CUNY shall subsidize this service with a graduated fee schedule. 

150.  A Diversity Fund shall be established to insure the hiring of more faculty and staff in underrepresented categories. 

151.  Under Article 6.1 (a), reassigned time shall be increased to 250 hours. 

152.  Under Article 6.1 (b), the University shall provide a full-time replacement for the President, the First Vice President, the Secretary and the Treasurer of the PSC. 

153.  Three months full pay shall be granted for parental leave or the adoption of a child. 

154.  Leave granted under the Federal Parental and Medical Leave Act shall not run concurrently with sick pay. 

155.  PSC-CUNY award funds shall be substantially increased.  Awards may be used for two courses released time for Community College Faculty and one course for Senior College faculty 

156. Travel Funds for faculty and staff shall be substantially increased.  Adjuncts shall have access to these funds. 

157.  Article 25.7 shall be deleted. 

158.  The university shall provide the PSC, including union chapter chairs, with a list of new hires, including adjuncts, by October 15 of each year. 

159.  In Article 14.3 (b), the section of the current Agreement on accrual rates for Librarians employed after January 1, 1988 shall be eliminated and replaced with: “For full-time Library Faculty the administration shall provide 20 work days of research leave per year, per library faculty in staggered blocks of uninterrupted vacation/research time of 4-8 weeks duration.  A research proposal and follow-up reported must be submitted to the Department Chair to qualify for this leave.” 

160.  Free CUNY tuition for all semesters, summer and mini-modules shall be established for all immediate family members of members of the bargaining unit, including their domestic partners. 

161.  CUNY Graduate Center doctoral students who perform work covered by this contract shall receive full tuition remission. 

162.  Adjunct faculty shall be guaranteed consideration for full-time lines, and shall be given notice that lines are open. 

163.  An Incentive Fund shall be created to encourage and aid departments in the hiring of CUNY adjuncts for full-time lines. 

164.  Adjuncts shall have offices with computers, telephones, and other necessary office equipment, with no more than 3 people per office. 

165. Adjuncts shall accrue sick leave. 

166. Adjuncts shall receive a tuition waiver equal to the number of credit hours taught in any semester. 

167.  Adjuncts shall be included in all the provisions of Article 25, and shall be also eligible to participate in faculty development and promotional opportunities. 

168.  Job-sharing arrangements on a voluntary basis shall be permitted for all members of the bargaining unit. 

169.  Occupational safety and health protections shall be substantially strengthened.

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  Duration 

170.  This Agreement shall be in effect for three years.

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