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Memorandum of Agreement August 2004
...
Memorandum of Agreement July 2003
... Workload
... Leave ... Salary ...
Summer Salary ... Overload ... Benefits
Appointments ... Discipline
& Discharge (for cause) ... Reduction in Force
... Grievance
| Article I ... Recognition of Chapter | Article VII ... Chapter Rights |
| Article II ... Management Functions | Article VIII ... Salaries |
| Article III ... Grievance Procedure | Article IX ... Insurance & Benefits |
| Article IV ... Faculty Appointments | Article X ... No Strike / No Lockout |
| Article V ... Workload | Article XI ... Scope of Agreement |
| Article VI ... Leaves of Absence | Appendices I&II ... Overload Pay & Retired/Rehired Pay |
ARTICLE l -
RECOGNITION OF CHAPTER ...6
Section 1.1 - Management Defined.
...6
Section 1.2 - Exclusive Representative.
...6
Section 1.3 - Faculty Member Defined.
...6
Section 1.4 - Temporary Employee.
...7
ARTICLE 2 - MANAGEMENT
FUNCTIONS ...7
Section 2.1 - Retention of Management
Prerogatives. ...7
Section 2.2 - Exercise of Management
Prerogatives. ...8
Section 2.3 - New or Changed Procedures.
...9
ARTICLE 3 – GRIEVANCE
PROCEDURE ...9
Section 3.1 - Standard Procedure.
...9
(A) Definition of
Grievance. ...9
(B) Procedures.
...9
(C) Written
Presentation. ...10
(D) Chapter
Representation. ...11
Section 3.2 - Option for Advisory
Arbitration. ...11
(A) Election of
Advisory Arbitration. ...11
(B) Advisory
Arbitrator Selection Committee. ...11
(C) Selection of
Advisory Arbitrator. ...12
(D) Jurisdiction of
Advisory Arbitrator. ...12
(E) Fees and
Expenses of Advisory Arbitration. ...13
(F) Decision of
Executive Vice President for Academic and Student Services or Designee
...13
Section 3.3 - Time Limitations.
...13
Section 3.4 - Method of Delivery.
...14
ARTICLE 4 - FACULTY
APPOINTMENTS, DISCIPLINE AND DISCHARGE ...14
Section 4.1 - Types of Appointments.
...14
Section 4.2
- Term Appointments. ...14
(A) Duration of
Term Appointments. ...14
(B) Limitation on
Number of Term Appointments. ...15
(C) Notice of
Reappointment or Non-reappointment. ...15
Section 4.3
- Rolling Term Appointments. ...15
Section 4.4
- Tenure Track Appointments. ...16
Section 4.5
– Discipline and Discharge. ...17
(A) Scope.
...17
(B) Verbal
Reprimand. ...18
(C) Written
Reprimand. ...18
(D) Suspension
Without Pay. ...18
(E) Discharge.
...18
Section 4.6
- Reduction in Force. ... 21
(A) Notice to
Chapter. ...21
(B) Notice
Regarding Affected Faculty Members. ...21
(C) Order of
Layoff. ...21
(D) Recall.
...22
Section 4.7
- Reemployment of Retired Faculty. ...22
ARTICLE 5 - WORKLOAD
...23
Section 5.1—Professional Responsibilities.
...23
(A) Teaching
Faculty. ...23
(B) Counselors,
Librarians and Learning Resources Faculty. ...23
Section 5.2
- Equivalent Semester Hours, Lecture and Non-Lecture Components.
...24
(A) Scope.
...24
(B) Definitions.
...24
(C)
Calculation of Equivalent Semester Hours. ...25
Section 5.3
- Equivalent Semester Hours for Other Activities. ...25
(A) Special
Centers. ...25
(B) Other Assigned
Activities. ...26
(C) Nursing
Clinical Equivalent Semester Hours. ...26
(D) Scholarly
Activity. ...26
(E) Workforce
Development and Continuing Education Equivalent Semester Hours.
...26
Section 5.4
- Reduced Workload. ...28
Section 5.5
– Professional Development. ...30
ARTICLE 6 - LEAVES OF
ABSENCE ...30
Section 6.1 - Payment and Leave for
Sickness or Disability. ...30
(A) Purpose and Use
of Leave. ...30
(B) Accrual of
Leave. ...31
(C) Accumulation of
Sick Leave. ...31
(D) Crediting
Leave. ...31
(E) Non-Academic
Year Leave. ...32
(F) Notice of Use
of Leave. ...32
Section 6.2
- Court Attendance Leave. ...33
Section 6.3
- Military Leave. ...33
Section 6.4
- Bereavement Leave. ...33
Section 6.5
- Professional Meeting Leave. ...33
Section 6.6
- Sabbatical Leave. ...34
Section 6.7
- Extended Leave Without Pay. ...35
Section 6.8
- Personal Leave. ...35
Section 6.9
- Short-Term Disability Benefits. ...35
(A) Disability Not
Compensable Under Workers’ Compensation Law. ...35
(B) Disability
Compensable Under Workers’ Compensation Law. ...36
(C) Exclusions.
...37
(D) Reduction of
Montgomery College Expenditure. ...38
(E) Proof of
Disability. ...38
(F) No Extension of
Disability Benefits Program. ...38
(G) Leave and
Continuous Service Credit. ...39
(H) Application for
Disability Benefits. ...39
Section 6.10 - Leave Reporting.
...39
ARTICLE 7 - CHAPTER
RIGHTS ...39
Section 7.1 - Released Time.
...39
Section 7.2 - Deduction of Dues/Service
Fee. ...40
(A) Payroll
Deduction Authorization. ...40
(B) Service
Fee. ...41
(C) Dues/Service
Fee Deduction Authorization Form. ...41
(D)
Indemnification. ...42
Section 7.3 - Meeting Space, Food Services
and Campus Mails. ...42
Section 7.4 - Bulletin Boards.
...42
Section 7.5 - Bargaining Unit Information.
...42
Section 7.6 - Personnel Files.
...42
Section 7.7 - Modified Agency Shop.
...42
Section 7.8—Copying Equipment
...43
ARTICLE 8 - SALARIES
...43
Section 8.1 - Academic Year Salary.
...43
Section 8.2—Fiscal Academic Years.
...43
(A) General –
Fiscal 2002 and 2003 Academic Years. ...43
(B) Outstanding
Service Awards. ...44
(C) Advanced
Degree. ...44
(D) Longevity.
...45
(E)
Performance/Progression Committee.
...45
Section 8.3
- Summer Sessions. ...46
(A) Teaching
Faculty. ...46
(B) Librarians,
Counselors, and Learning Resources Faculty. ...46
Section 8.4—Extent of Non-Academic Year
Workload. ...46
Section 8.5 - Failure to Achieve Projected
Revenues. ...47
ARTICLE 9 - INSURANCE
AND RELATED BENEFITS ...47
Section 9.1 - Group Health, Life,
Disability, and Dental Plans Package. ...47
Section 9.2 - Tax Sheltered Annuities.
...48
Section 9.3 - Tuition Waiver Program.
...49
Section 9.4 - Educational Assistance
Program. ...49
Section 9.5 - Faculty Development Program.
...49
Section 9.6 - Voluntary Early Retirement
Programs. ...50
ARTICLE 10
- NO STRIKE/NO LOCKOUT ...51
Section 10.1 - No Strikes.
...51
Section 10.2 - Enforcement of No Strike
Pledge. ...51
Section 10.3 - No Lockouts.
...51
ARTICLE 11
- SCOPE OF AGREEMENT ...51
Section 11.1 - Duration.
...51
(A) Effective
Dates. ...51
(B) Reopeners.
...51
Section 11.2 - Severability.
...52
Section 11.3 - Scope of Agreement.
...52
APPENDIX I - OVERLOAD PAY ...53
APPENDIX II - RETIRE/REHIRE PAY
...54
(B) Procedures.
If a grievance cannot be resolved through informal
discussion, it shall be processed as follows:
Step
1.
Within ten (10) days after the
event giving rise to the grievance or after the faculty member reasonably should
have known of the event giving rise to the grievance, the aggrieved faculty
member may submit a written grievance to the faculty member's immediate
supervisor with a copy to the Chief Human Resources Officer. The immediate
supervisor shall schedule a meeting with the faculty member to be held within
ten (10) days after receipt of the written grievance. The immediate
supervisor shall submit a written answer to the aggrieved faculty member within
ten (10) days after such meeting.
Step 2.
In the event the grievance is not
satisfactorily adjusted at Step 1, the aggrieved faculty member, within ten (10)
days after receipt of the Step 1 answer, may submit a written appeal of the Step
1 answer to the Campus Vice President and Provost or designee, with a copy to
the Chief Human Resources Officer. The Campus Vice President and Provost
or designee shall schedule a meeting with the aggrieved faculty member to be
held not later than fourteen (14) days after receipt of the Step 2 appeal.
The Campus Vice President and Provost or designee shall submit a written answer
to the aggrieved faculty member within fourteen (14) days after the Step 2
meeting.
Step 3.
In the event the grievance is not
satisfactorily adjusted at Step 2, the aggrieved faculty member, within ten (10)
days after receipt of the Step 2 answer, may submit a written grievance appeal
to the Executive Vice President for Academic and Student Services or designee,
with a copy to the Chief Human Resources Officer. The Executive Vice
President for Academic and Student Services or designee shall schedule a meeting
with the aggrieved faculty member to be held not later than fourteen (14) days
after receipt of the Step 3 appeal. The Executive Vice President for
Academic and Student Services or designee shall submit a written answer to the
aggrieved faculty member as soon as practicable after such meeting. The
written answer of the Executive Vice President for Academic and Student Services
or designee shall constitute the final and binding resolution of the grievance.
(C) Written Presentation.
All grievances presented at Steps 1 through 3 of this
Section 3.1 shall be in writing on a form to be provided by Management, signed
by the aggrieved faculty member, and set forth the specific provisions of the
Agreement alleged to have been violated and the specific relief sought by the
aggrieved faculty member, or the grievance shall be deemed to have been waived.
(D) Chapter Representation.
(1)
Copies of Written Grievances.
Upon receipt of a written
grievance or written appeal submitted by a faculty member in accordance with the
procedure set forth in Steps 1 through 3 of this Section 3.1, Management shall
furnish a copy of same to the Chapter President; provided that, if the faculty
member so requests in the written grievance, copies of the written grievance and
any written appeal(s) shall be furnished by Management to the Chapter President
simultaneously with the submission of Management's written answer to same to the
faculty member. A copy of any written answer of Management under Steps 1
through 3 of this Section 3.1 shall be forwarded to the Chapter President
simultaneously with its submission to the aggrieved faculty member.
(2) Representation at Grievance Meetings.
A faculty member may be
represented at the meetings held pursuant to Steps 1 through 3 of the procedure
set forth in this Section 3.1 by a representative designated by the Chapter
provided that such representative is a faculty member. In any event, a
faculty member designated by the Chapter shall have the right to be present at
such meetings unless the aggrieved faculty member objects.
(B) Advisory Arbitrator Selection Committee.
Within ten (10) days after notice of intent to submit to
advisory arbitration as provided in Section 3.2(A) of this Article, the
Management and the Chapter shall refer the grievance to an Advisory Arbitrator
Selection Committee consisting of one member appointed by Management and one
member appointed by the Chapter.
(C) Selection of Advisory Arbitrator.
The members of the Advisory Arbitrator Selection
Committee established as provided in Section 3.2(B) of this Article shall meet
as soon as possible, at their mutual convenience, to attempt to settle the
grievance. If they are unable to reach a settlement, they shall select an
impartial advisory arbitrator. If they are unable to agree upon a choice
within ten (10) days after such meeting, they shall jointly request the American
Arbitration Association to furnish a list of not less than seven (7) qualified
and impartial arbitrators, one of whom shall be designated by the Advisory
Arbitrator Selection Committee to act as advisory arbitrator of the grievance.
Selection shall be made by the Committee members alternately striking any name
from the list until only one name remains. The individual whose name
remains shall be the advisory arbitrator of the grievance.
(D) Jurisdiction of Advisory Arbitrator.
The jurisdiction and authority of the advisory arbitrator
of the grievance and the opinion and recommendation of the advisory arbitrator
shall be confined exclusively to the interpretation and/or application of the
express provision or provisions of this Agreement at issue between the Chapter
and Management. The advisory arbitrator shall have no authority to add to,
detract from, alter, amend, or modify any provisions of this Agreement or impose
on either party hereto a limitation or obligation not explicitly provided for in
this Agreement; to establish or alter any wage rate or wage structure; or to
consider any term or condition of employment or any other matter not expressly
set forth within a provision of this Agreement. The advisory arbitrator
shall not hear or decide more than one grievance without the mutual consent of
Management and the Chapter. The recommendation in writing of the advisory
arbitrator on the merits of any grievance adjudicated within his jurisdiction
and authority, as specified in this Agreement, shall be served on both parties
and shall be advisory to the Executive Vice President for Academic and Student
Services or designee.
(E) Fees and Expenses of Advisory Arbitration.
The fees and expenses of the advisory arbitrator shall be
shared equally by the parties. The hearing before the advisory arbitrator
shall be recorded on audio tape and Management shall bear the cost of such
recording. A transcript of the hearing may be obtained by either
Management, the Chapter, or the faculty member only by ordering from and paying
the cost of same to the transcriber.
(F) Decision of Executive Vice President for Academic
and Student Services or Designee.
Upon receipt of the recommendation of the advisory
arbitrator, the record of the proceedings before the advisory arbitrator, and
any brief(s) which may have been submitted to the advisory arbitrator, the
Executive Vice President for Academic and Student Services or designee shall
review the matter and issue a written decision which shall include findings of
fact and his decision with respect to the grievance. The decision of the
Executive Vice President for Academic and Student Services or designee shall be
final and binding on Management, the aggrieved faculty member, and the Chapter.
The Executive Vice President for Academic and Student Services or designee shall
not consider any evidence not presented in the proceedings before the advisory
arbitrator, but, upon the request of either party or upon his own initiative,
may advise the parties, prior to his decision, that he will receive further
briefs on the matter.
(B) Limitation on Number of Term Appointments.
A faculty member may be appointed to a maximum of three
(3) terms of one (1) academic year, and one (1) term of three (3) academic
years.
(C) Notice of Reappointment or Non-reappointment.
A faculty member appointed for a term of one (1) academic
year shall be evaluated by Management during the academic year such appointment
expires, and not later than March 1 of such academic year, Management shall
provide to the faculty member written notice of reappointment or
non-reappointment. A faculty member appointed for a term of three (3)
academic years shall be evaluated by Management in each of the two (2) years
prior to the commencement of the academic year in which such appointment expires
and, not later than December 15 of the academic year in which such appointment
expires, Management shall provide to the faculty member written notice of
reappointment or non-reappointment. If management fails to give notice of
reappointment or non-reappointment by the dates specified in this Section 4.2
(C), the faculty member’s appointment shall be extended for an additional
academic year. During this next academic year, the faculty member shall be
notified of reappointment or non-reappointment by the date (s) specified in this
section 4.2 (C). If the faculty member receives notice of
non-reappointment by the date specified in this Section 4.2 (C), the faculty
member’s employment shall terminate, without recourse, at the conclusion of the
academic year in which the faculty member’s appointment expires.
(B) Verbal Reprimand.
A verbal reprimand may be issued following a discussion
between the Dean/supervisor and the faculty member and its issuance noted for
future reference by the Dean/supervisor.
(C) Written Reprimand.
A written reprimand indicating the nature of the problem
including references to prior warnings and verbal reprimands, and the necessary
corrective action, may be issued following a private discussion between the
Dean/supervisor and the faculty member. The written reprimand will be signed by
the Dean/supervisor and copies forwarded to the faculty member, to the Director
of Employee and Labor Relations, and to the Chief Human Resources Officer.
The faculty member may within 10 work days from receipt, provide a written
response and request a review by filing a grievance pursuant to
Section 3.1 at Step 2. The determination by the Vice President and
Provost at Step 2 shall constitute the final and binding resolution of the
grievance.
(D) Suspension Without Pay.
A faculty member may be suspended without pay for a
specified period of time when disciplinary action more severe than a reprimand,
but less severe than discharge is warranted in the judgment of the College.
The Vice President and Provost, after affording the faculty member an
opportunity to be heard, may impose the suspension based upon the recommendation
of the Dean/supervisor and with the concurrence of the Chief Human Resources
Officer. The proposed letter of suspension must be accompanied by appropriate
supporting documentation with copies to the faculty member, the Director of
Employee and Labor Relations, and to the Chief Human Resources Officer. The
faculty member may within 10 work days from receipt, provide a written response
to the letter of suspension and request a review by filing a grievance pursuant
to Section 3.1 at Step 3. The determination by the
Executive Vice President for Academic and Student Services shall constitute the
final and binding resolution of the grievance.
(E) Discharge.
The discharge of a faculty member who has attained
tenure, of a faculty member in the probationary period of a tenure track
appointment prior to the expiration of an academic year, or of a faculty member
employed pursuant to a term or rolling term appointment prior to the expiration
of the appointment is covered by these procedures. These procedures are
not applicable to faculty members who are laid off, to faculty members whose
employment is terminated pursuant to Section 4.2,
4.3
or 4.4 of this Article, or to any other termination of
employment.
(1) Informal
Notice and Meeting.
Prior to the initiation of the
formal procedures set forth in paragraphs (1) through (8) of this Section 4.5,
there shall be an informal discussion between the affected faculty member and
the appropriate Dean/supervisor in an attempt to resolve the matter.
(2) Formal
Notice.
In the event that no satisfactory
resolution is reached pursuant to the procedures set forth in subsection (1) of
this Section 4.5, the Chief Human Resources Officer may submit to the Executive
Vice President for Academic and Student Services or designee a written
recommendation that the faculty member be discharged. Such recommendation
shall specify the reasons for the proposed discharge and a copy shall be
forwarded to the affected faculty member.
(3)
Evidentiary Hearing.
Within ten (10) calendar days
after receipt of the recommendation, the affected faculty member may deliver to
the Executive Vice President for Academic and Student Services or designee a
written request that the matter be the subject of an evidentiary hearing.
If the affected faculty member fails to request an evidentiary hearing, the
faculty member's right to a hearing shall be waived and the Executive Vice
President for Academic and Student Services or designee shall act on the
recommendation.
(4)
Appointment of Hearing Officer.
If the faculty member, in
accordance with the procedures set forth in Subsection (3) of this Section 4.5
submits a written request that the matter be the subject of an evidentiary
hearing, the Executive Vice President for Academic and Student Services or
designee shall, within ten (10) calendar days after receipt of the written
request, appoint an administrator who has no prior knowledge of the facts giving
rise to the recommendation to serve as hearing officer.
(5) Conduct
of Hearing.
The hearing before the hearing
officer shall be public unless the faculty member and Management mutually agree
otherwise. The faculty member will be entitled to have an academic advisor
and counsel of his choice present at the hearing; provided that only one (1)
person shall formally enter an appearance and be entitled to participate on the
faculty member's behalf. The faculty member and Management shall be
entitled to examine and cross-examine witnesses and to present documentary
evidence. A verbatim record of the hearing shall be made.
(6)
Hearing Officer's Jurisdiction.
The jurisdiction and authority of
the hearing officer shall be confined exclusively to conducting an evidentiary
hearing and to making findings of fact. The factual findings of the
hearing officer, together with the complete record of the proceedings before the
hearing officer shall be submitted to the affected faculty member and the
Executive Vice President for Academic and Student Services or his/her designee.
The hearing officer's findings of fact shall be advisory only. Within
thirty (30) days after receipt of the hearing officer's advisory findings of
fact, either party may submit to the Executive Vice President for Academic and
Student Services or designee a written brief setting forth their positions on
the matter.
(7) Expenses
of Hearing.
Management and the affected
faculty member shall bear their own costs in the presentation of the matter at
the hearing. The hearing before the hearing officer shall be recorded on
audio tape and Management shall bear the cost of such recording. Either
Management or the faculty member may obtain a transcript of the hearing only by
ordering from and paying the cost to the transcriber.
(8)
Decision of Executive Vice President for Academic and Student Services or
designee.
On receipt of the hearing
officer's advisory findings of fact, the record of the proceedings before the
hearing officer, and any brief(s) which are timely submitted, the Executive Vice
President for Academic and Student Services or designee shall review the matter
and issue a written decision which shall include findings of fact and a
determination as to whether there was just cause for discharge. The
decision of the Executive Vice President for Academic and Student Services or
designee shall be final and binding on Management and the affected faculty
member. The Executive Vice President for Academic and Student Services or
designee shall not consider any evidence not presented in the proceedings before
the hearing officer.
(B) Notice Regarding Affected Faculty Members.
Not later than thirty (30) calendar days after the layoff
of faculty members is approved, Management shall notify the Chapter of the names
of the faculty members who will be laid off and the effective date of such
layoff, and shall notify each affected faculty member of the effective date of
his or her layoff. A faculty member who has attained tenure shall be
entitled to twelve (12) months notice prior to layoff.
(C) Order of Layoff.
For the purposes of this section, tenured faculty members
shall be referred to as Group I; faculty members employed pursuant to tenure
track appointments who are in their probationary period shall be referred to as
Group II; faculty members employed pursuant to rolling term appointments shall
be referred to as Group III; and faculty members employed pursuant to term
appointments shall be referred to as Group IV. Faculty members shall not
be laid off if Montgomery College can provide the courses and services
Management determines are to be offered by retaining faculty members and laying
off part-time personnel. Groups I, II and III faculty members shall not be
laid off if Montgomery College can provide the courses and services Management
determines are to be offered by retaining such faculty members and laying off
Group IV faculty members or part-time personnel. Group I and II faculty
members shall not be laid off if Montgomery College can provide the courses and
services Management determines are to be offered by retaining such faculty
members and laying off Group III or IV faculty members or part-time personnel.
Group I faculty members shall not be laid off if Montgomery College can provide
the courses and services Management determines are to be offered by retaining
such faculty members and laying off Group II, III or IV faculty members or
part-time personnel. Within Groups I, II, III, or IV faculty members shall
be laid off in inverse order of qualifications; provided that, if two (2) or
more faculty members are equally qualified, the least senior faculty member
shall be laid off. In lieu of layoff, Management shall assign faculty
members to vacant positions which Management intends to fill, if the faculty
member is qualified to fill such position. In determining whether a
faculty member is qualified to teach a course or perform a service which
Management determines is to be offered, the faculty member must meet the minimum
qualifications, in effect at the time of layoff, for initial appointment to
perform such functions.
(D) Recall.
In the event of a restoration of the complement of
faculty members, Management shall, in inverse order of layoff, offer vacant
positions to faculty members who meet the minimum qualifications for such vacant
position and who have been on layoff for a period of three (3) years or less.
Laid off faculty members must notify Management within thirty (30) calendar days
of receiving a recall notice that they accept the offer of employment.
(B) Counselors, Librarians and Learning Resources
Faculty.
Counselors, librarians and learning resources
faculty shall be responsible for a forty (40) hour week during the academic
year, during which time they shall perform such professional duties as
Management may assign or approve. The regular schedule for counselors,
librarians and learning resources faculty will not require that a faculty member
be on campus on more than five (5) calendar days in a calendar week. The
duty days assigned to counselors, librarians and learning resources faculty
during an academic year shall be equal in number to the duty days assigned to
members of the teaching faculty for that academic year; provided that the dates
of such duty days shall be assigned on an individual basis.
(B) Definitions.
For the purposes of this Article 5, the following
definitions shall be applicable:
(1) Semester
Hour of Credit.
A "semester hour of credit" is
the unit of measure of academic credit assigned by Management or a corresponding
value assigned by Management for a course for which no academic credit is
awarded.
(2) Course
Components.
A "course component" is an
instructional activity designated by Management as either a lecture or
non-lecture. Course components designated as a lecture must generate one
(1) semester hour of credit for each "lecture standard" taught.
(3) Lecture
Standard.
The "lecture standard" is the
minimum number of minutes of instructional activity for "actual class
meeting(s)" required by the Maryland Higher Education Commission for the award
of one (1) semester hour of credit.
(4)
Non-Lecture Standard.
The "non-lecture standard" is the
minimum number of minutes of instructional activity for a "supervised laboratory
or studio" required by the Maryland Higher Education Commission for the award of
one (1) semester hour of credit.
(C) Calculation of Equivalent Semester Hours.
For purposes of Section 5.1 (A) of this Article, an
“equivalent semester hour” is the unit of measure of a faculty member’s workload
and, except as provided in paragraph (3) of this subsection, shall be determined
in accordance with paragraphs (1) and (2) of this subsection.
(1) Lecture
Component.
The number of equivalent semester
hours for a course component designated as a lecture is the result obtained by
dividing the total minutes of scheduled instructional activity for such course
component by the lecture standard, rounded to the nearest one-quarter (1/4)
hour.
(2)
Non-Lecture Component.
The number of equivalent semester
hours for a course component designated as a non-lecture is seventy-five percent
(0.75) times the result obtained by dividing the total minutes of scheduled
instructional activity for such course component by one-half (1/2) the
non-lecture standard rounded to the nearest one-quarter (1/4) hour.
(3) Other.
After notice to the Chapter and
with approval of the faculty member and the department chair, Management may
assign to a course component taught by such faculty member a greater number of
equivalent semester hours (such number to be determined by Management in its
discretion) than that determined pursuant to paragraphs (1) and (2) of this
subsection. If Management determines to assign a greater number of
equivalent semester hours than that determined pursuant to paragraphs (1) and
(2) of this subsection to a course component, the faculty member must make an
irrevocable election, prior to the commencement of the course, to teach or not
teach the course.
(B) Other Assigned Activities.
Where, under this agreement, faculty members perform
activities assigned by Management, not otherwise set forth in this Article,
which Management determines are to be measured in terms of equivalent semester
hours for purposes of Section 5.1 (A) of this Article, one
(1) equivalent semester hour shall be equal to fifty (50) clock hours of such
assigned activities, except that one (1) equivalent semester hour shall be equal
to forty (40) clock hours of such assigned activities when defined and budgeted
by Management as Advising Cadre, Instructional Improvement, Curriculum
Development, Program Development, Scholarly Effort, or Special Projects
equivalent semester hours. Not more than six (6) equivalent semester hours per
semester attributable to coaching activities shall be recognized for the purpose
of fulfilling the thirty (30) equivalent semester hour standard minimum workload
specified in Section 5.1 (A) of this Article.
(C) Nursing Clinical Equivalent Semester Hours.
The number of equivalent semester hours for off-campus
nursing clinical practica assigned to nursing faculty shall be eighty-five
percent (0.85) per clinical hour for academic fiscal year 2002 and will be one
hundred percent (1.00) per clinical hour beginning in academic fiscal year 2003.
(D) Scholarly Activity.
Scholarly Activity equivalent semester hours or clock
hours may be applied to the thirty (30) equivalent semester hours or forty (40)
hour faculty workload.
(E) Workforce Development and Continuing Education
Equivalent Semester Hours.
As part of their standard thirty (30) equivalent semester
hour workload during the academic year, faculty members may teach non-credit
courses, or conduct non-teaching activities for the non-credit Workforce
Development and Continuing Education Program. On occasion, faculty members may
also teach non-credit courses offered by a campus.
Faculty members may teach Workforce Development and
Continuing Education courses on a voluntary basis. Participation also
requires the approval of the appropriate department chair and Instructional
Dean/director. The Office of Workforce Development and Continuing
Education will select faculty for participation in Workforce Development and
Continuing Education programs in consultation with the appropriate department
chair or Dean/director.
For purposes of compensating faculty members who
participate in this program, one (1) equivalent semester hour will be equivalent
to fifteen (15) clock hours of non-credit teaching or forty (40) clock hours of
Advising Cadre, Instructional Improvement, Curriculum Development, Program
Development, Scholarly Effort, or Special Projects work for the office of
Workforce Development and Continuing Education.
Individual faculty members are permitted to earn a
maximum of eight (8) equivalent semester hours per semester, or sixteen (16)
equivalent semester hours per academic year in this program. A maximum of
eighty (80) equivalent semester hours may be earned by all credit faculty as a
whole each semester. The Executive Vice President for Academic and Student
Affairs may approve additional equivalent semester hours.
Notwithstanding the provisions above, the Office of
Workforce Development and Continuing Education may hire faculty members to work
for Workforce Development and Continuing Education during the academic year
outside their standard or overload workload and pay for such work at Workforce
Development and Continuing Education rates. It is the intent of Management
that such work will not be the same as work which faculty members are
compensated with equivalent semester hours, such as the Gifted and Talented
program, and work compensated at a rate less than one (1) equivalent semester
hour.
During the summer, Workforce Development and Continuing
Education may continue to hire faculty members at Workforce Development and
Continuing Education rates.
Both Management and the Chapter recognize that there may
be circumstances in a spring semester whereby a non-credit course scheduled to
be taught by a faculty member will be cancelled. In such circumstances,
the Dean/director will assign to the faculty member an alternate time assignment
comparable to the equivalent semester hours of the cancelled non-credit course.
If, for any reason, it is not possible for the Dean/director to make such an
alternate time assignment, and the faculty member’s workload falls below thirty
(30) equivalent semester hours for the academic year, the faculty member shall
be considered to have met his or her contractual obligation for the academic
year.
At the end of each academic year, Management will provide
the Chapter with a report showing the names of each faculty member who
participated in this program. The report will include the amount of
equivalent semester hours assigned to each faculty member, as well as the names
of faculty members compensated by Workforce Development and Continuing Education
at Workforce Development and Continuing Education rates during the previous
academic year.
(B) Accrual of Leave.
A faculty member shall accrue leave for purposes of
subsection (A) of this Section at the rate of one (1) day per calendar month,
August through May; provided that: (i) no leave shall accrue under this
subsection (B) for a calendar month, if during any portion of such calendar
month the faculty member is on sabbatical leave pursuant to
Section 6.6 of this Agreement; and (ii) no leave shall accrue under this
subsection (B) for a calendar month, if on each day of such calendar month, the
faculty member is on any other form of leave paid or unpaid.
(C) Accumulation of Sick Leave.
A faculty member's unused sick leave shall accumulate and
carry over from one academic year to the succeeding academic year without limit.
At the time of termination of employment a faculty member who was employed as a
faculty member during the fiscal 1989 academic year and who has served five (5)
or more years immediately preceding such termination, shall be paid for
twenty-five percent (25%) of not more than one hundred eighty (180) days of
unused sick leave computed on the basis of salary at termination; provided that
faculty members who, as of May 21, 1982, have accumulated in excess of one
hundred eighty (180) days of unused sick leave, shall be paid at the time of
termination for twenty-five percent (25%) of the unused sick leave accumulated
by such faculty member as of May 21, 1982, or the date of termination, whichever
is less.
(D) Crediting Leave.
At the commencement of each academic year (or at the
commencement of employment if the faculty is first employed after the beginning
of an academic year), a faculty member's leave balance under this Section 6.1
shall be credited with the number of days of leave the faculty member would be
entitled to accrue during that academic year under subsection (B) of this
Section. If, for any reason, a faculty member's employment relationship
with Montgomery College is terminated at a time when the faculty member has
utilized more leave under subsection (A) of this Section than the faculty member
has actually accrued pursuant to the formula set forth in subsection (B) of this
Section, the value of such excess leave used may be deducted by Management from
the faculty member's final pay.
(E) Non-Academic Year Leave.
A faculty member assigned to duties to be performed
between the close of one academic year and the commencement of the next academic
year shall be entitled to leave under this Section 6.1 to be used and paid for
in accordance with subsection (A) of this Section 6.1; provided that a faculty
member may not use leave between the close of one academic year and the
commencement of the next academic year in excess of the amount of such leave
with which the faculty member is credited pursuant to this subsection (E),
except that if, between the close of one academic year and the commencement of
the next academic year, a faculty member uses all leave credited pursuant to
this subsection (E), the faculty member may use not more than three (3) days of
leave previously accumulated pursuant to subsections (B) of this Section 6.1.
Except for counselors, librarians and learning resources faculty, leave shall be
credited under this subsection (E) at the rate of one (1) day for assignment of
three (3) but less than six (6) and two (2) days for assignment of six (6) or
more equivalent semester hours. For counselors, librarians and learning
resources faculty, leave shall be credited under this subsection (E) at the rate
of one (1) day for assignment of at least fifteen (15) days and two (2) days for
assignment of thirty (30) or more days. Unused sick leave credited under
this subsection (E) will be accumulated and carried forward into the academic
year.
(F) Notice of Use of Leave.
A faculty member will notify or cause to be notified the
person designated by the Campus Vice President and Provost of an absence
chargeable to leave under this Section 6.1 prior to the time the faculty member
is to report for the assigned duty for which the faculty member intends to use
leave under this Section 6.1. If it is impossible to give such notice
prior to reporting, such notice shall be given as soon as possible
Length of Continuous Service Percentage of Salary
2 full academic semesters but
50%
less than 3 years
3 years but less than 10 years
60%
10 years or more
80%.
(B) Disability Compensable Under Workers’ Compensation
Law.
(1)
Treatment by Designated Provider.
A faculty member who has
completed at least two (2) full academic semesters with Montgomery College, who
is completely unable to work on account of a sickness or accident disability
compensable under the Workers’ Compensation law, and who is treated for such
disability by the College’s designated Workers’ Compensation provider shall be
entitled to leave commencing on the first day he is unable to work on account of
such disability and continuing to the first anniversary of such date. A
faculty member eligible for leave under Section 6.9(B)(1) shall be remunerated
for the period of such leave in an amount equal to one hundred percent (100%) of
the salary the faculty member would have been paid had the faculty member
worked.
(2)
Treatment By Other Than Designated Provider.
(a) A faculty member who
has completed at least two (2) full academic semesters with Montgomery College,
who is completely unable to work on account of a sickness or accident disability
compensable under the Workers’ Compensation law, who is treated for such
disability by a health care provider other than the College’s designated
Workers’ Compensation provider, shall be entitled to leave, commencing on the
first day he is unable to work on account of such disability and continuing to
the first anniversary of such date. A faculty member eligible for leave
under this Section 6.9(B)(2)(a) shall be remunerated on account of such sickness
or accident disability in accordance with the Workers’ Compensation law.
(b) Not later than seven
(7) calendar days after the first day he is unable to work on account of the
disability, a faculty member entitled to leave under Section 6.9(B)(2)(a) may
elect, in lieu of leave under Section 6.9(B)(2)(a), to use leave accrued under,
and be compensated in accordance with the provisions of,
Section 6.1 of this Agreement. If a faculty member elects to use leave
as provided in this Section 6.9(B)(2)(b), such leave must commence as of the
first day the faculty member is unable to work on account of the disability and
must continue until the faculty member returns to work, or the leave accrued
under Section 6.1 is exhausted, whichever occurs earlier. If a faculty
member’s accrued leave under Section 6.1 is exhausted before he is able to
return to work, he shall immediately be entitled to commence leave under Section
6.9(B)(2)(a), which shall continue to the first anniversary of the date he was
first unable to work on account of such disability.
(C) Exclusions.
Notwithstanding the foregoing, disability benefits under
this Section 6.9 shall not be available for illness or accident disability
resulting from or contributed to by war or any act of war, whether declared or
undeclared; intentionally self-inflicted injury; or injury sustained in the
commission of or having participated in committing a felony. Eligibility
for disability benefits will automatically cease upon the date the faculty
member returns to active duty with Montgomery College; the faculty member's
seventieth (70th) birthday; the date upon which the faculty member retires under
a Montgomery College retirement plan; the date on which the faculty member's
employment with Montgomery College ceases; or the date on which the faculty
member ceases to be under the care of a legally qualified physician; whichever
occurs earliest. Leave and pay under this Section shall be available only
for such period of time during the academic year the faculty member would have
been scheduled to perform assigned responsibilities.
(D) Reduction of Montgomery College Expenditure.
If the faculty member qualifies for Workers’
Compensation, Social Security or other disability compensation plans to which
Montgomery College contributes on account of the sickness or accident disability
for which the faculty member qualifies for benefits under this Section, the
total amount of remuneration received by the faculty member from such disability
compensation plans plus any additional amounts payable by the College pursuant
to this Section 6.9 shall not exceed the salary the faculty member would have
received under this Agreement that is attributable to the period of leave under
this Section. If, during the period of such sickness or accident
disability, the faculty member engages in any work for wage or profit, the
remuneration set forth in Section 6.9(A) or (B) shall be reduced by eighty
percent (80%) of the amount of such wage or profit during the time period in
question.
(E) Proof of Disability.
Upon request of Management, a faculty member claiming
disability benefits under this Section shall submit to an examination by a
qualified physician designated by Management. If the physician designated
by Management is of the opinion that the faculty member is not completely
disabled from engaging in some or all of the faculty member's responsibilities
to Montgomery College, the faculty member shall be required to perform such
duties as the physician designated by Management determines appropriate, unless
the faculty member's personal physician disagrees with the opinion of the
physician designated by Management; in which event, the physician designated by
Management and the faculty member's personal physician shall select a third
physician to examine the faculty member at Management's expense. The
majority opinion of the three physicians shall prevail.
(F) No Extension of Disability Benefits Program.
The total amount of leave available under this Section
6.9, on account of any one disability, shall not extend for a period in excess
of twelve (12) months. In the event a faculty member returns to work prior
to the expiration of such twelve (12) month period and subsequently is unable to
continue to work because of the original sickness or accident disability, the
faculty member shall be entitled to receive benefits, in accord with the
provisions of this Section, for the unused balance of the original twelve (12)
months if the faculty member otherwise qualifies under this Section.
(G) Leave and Continuous Service Credit.
A faculty member shall not accrue sick leave during the
period the faculty member is receiving disability benefits nor shall the period
of time the faculty member is on disability leave be counted towards
satisfaction of the required probationary period.
(H) Application for Disability Benefits.
Application for disability benefits shall be submitted,
on a form to be provided by Management, to the Director of Personnel Services.
The application shall include the written opinion of a legally qualified
physician as to the nature and extent of the sickness or accident disability,
the effective date of such disability, the anticipated duration of such
disability, and a clear statement that the faculty member is unable to perform
any of the faculty member's assigned responsibilities because of such sickness
or accident disability. The Director of Personnel Management shall
establish the effective date of disability based on the form so submitted.
A faculty member whose application for benefits under this Section is denied by
the Director of Personnel Management may appeal to the Executive Vice President
for Academic and Student Services or designee.
(B) Service Fee.
Faculty hired after August 20, 2001 who do not
voluntarily elect to become members of the Chapter by the end of their first
academic semester of employment by submitting the Chapter’s Dues Deduction
Authorization Form must execute the appropriate authorization and pay a service
fee to the Chapter. In such cases, commencing with the first pay period of
their second semester of employment and thereafter, Management shall deduct, out
of the current salary payable to each faculty member during the academic year,
one twentieth (1/20) of the total annual service fee established by the Chapter,
and promptly remit such fees to the Treasurer of the Chapter.
(C) Dues/Service Fee Deduction Authorization Form.
Management shall honor only those dues/service fee
deduction authorizations which are submitted in the following form:
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I, the
undersigned, authorize Montgomery College to deduct from my salary, and to remit
to the Montgomery College Chapter of the American Association of University
Professors ("Chapter") during the academic year, the annual dues/service fee
established by the Chapter. This authorization may be modified by me at
any time by serving written notice of modification upon the Chief Human
Resources Officer of Montgomery College; provided that such modification shall
not become effective until after the final pay period of the academic year in
which it is submitted.
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| Name
Social Security # Signature Date |
____________________
____________________ ____________________ ____________________ |
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(D) Indemnification.
The Chapter shall indemnify and save Montgomery College
harmless from any and all claims, grievances, arbitrations, awards, actions,
suits, judgments, attachments, forms of liability or damages that arise out of
or by reason of any action taken by Management in compliance with any of the
provisions of this Section 7.2, and the Chapter assumes full responsibility for
the disposition of monies deducted under this Section 7.2 as soon as they have
been remitted by Management to the Treasurer of the Chapter.
(B) Outstanding Service Awards.
In addition to the salaries provided in Section 8.2 (A),
Management may, from time to time, recognize outstanding service by individual
faculty members, through the payment to such faculty members of such additional,
lump-sum dollar amounts as Management may, in its discretion, determine.
Each time Management determines to make payments pursuant to this Section 8.2
(B), it shall notify the Chapter, in advance, of the number of faculty members
to whom such payments will be made at that time, the amount of payment that will
be made (which shall be uniform for all faculty members who receive awards at
that time), and, after consultation with the Chair of the Academic Assembly, the
criteria for selection of the faculty members who will receive such payments.
A joint committee consisting of faculty members selected by the Chair of the
Academic Assembly and administration selected by Management, utilizing such
criteria, shall designate, by name fifty percent (50%) of the total number of
faculty members who will receive such payments. If funding permits,
Management may increase the number of awards without advance consultation with
the Chapter.
(C) Advanced Degree.
As part of the salaries provided in Section 8.2(A), if a
faculty member, prior to the first day of the fiscal 1997 academic year and
while employed by the College, has been awarded an advanced degree, or a
certificate or license in the discipline for which he is employed by the
College, and that advanced degree, certificate or license would result in
enhanced salary placement for a faculty member initially hired by the College in
such discipline, such faculty member’s salary shall be increased by $1,200
effective as of the first day of the fiscal 1997 academic year; provided that
salary increases under this Section 8.2(C) shall be limited to not more than 50
faculty members, or a pro rata amount of $60,000 if the number of faculty
exceeds 50, to be paid to such faculty on or before the last day of the fiscal
1996 academic year. Notwithstanding the foregoing, no faculty member’s
salary shall be increased pursuant to the preceding sentence unless the faculty
member notifies the College of, and furnishes to the College evidence of, the
award of such advanced degree, certificate or license prior to May 1, 1996.
If a faculty member, on or after the first day of the fiscal 1997 academic year
and while employed by the College, is awarded an advanced degree, or a
certificate or license in the discipline for which he is employed by the
College, and that advanced degree would result in enhanced salary placement for
a faculty member initially hired by the College in such discipline, such faculty
member’s salary shall be increased, effective as of the beginning of the first
fiscal academic year commencing after the faculty member notifies the College
of, and furnishes to the College evidence of, the award of such degree, license
or certificate. The amount of such increase shall be equal to the amount
that would be paid to a faculty member initially hired to commence employment
during the fiscal academic year for which the increase becomes effective.
No faculty member may be awarded a salary increase pursuant to this Section
8.2(C): (i) to the extent that such increase would increase the faculty member’s
salary to an amount in excess of the maximum salary set forth in Section 8.2(A)
of this Agreement; or (ii) more than once during the term(s) of his employment
by the College.
(D) Longevity.
Effective with the fiscal 2005 academic year and in
subsequent years, faculty members with satisfactory performance who have been at
the salary maximum for five (5) consecutive years will receive a one-time
longevity step of One Thousand Six Hundred dollars ($1,600), to be added to the
faculty member’s base salary.
(E) Performance/Progression Committee.
A Chapter/Management committee shall be established to
develop a salary progression system that (1) permits a faculty member to reach
the maximum salary under defined conditions, and (2) incorporates performance
factors in the progression. The committee will develop a system by July 1,
2002, for implementation in academic fiscal year 2005.
(B) Librarians, Counselors, and Learning Resources
Faculty.
A librarian, counselor, or learning resources faculty
member who is actively employed by Montgomery College during a summer session,
shall be paid: (1) for the first forty-four (44) working days assigned by
Management during such summer session, a daily rate, determined by dividing, by
one hundred ninety-five (195), the faculty member’s salary for the fiscal
academic year ending during the calendar year of the summer session, and (2) for
each five (5) working days or portion thereof in excess of forty-four (44)
assigned by Management during such summer session, a rate equal to the salary
for an equivalent semester hour in accordance with the schedule attached hereto
as Appendix I.