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Negotiations toward a New Contract

Wright State University Chapter

American Association of University Professors

 

Please see ...

... the April, 2008 issue of our Right Flier newsletter for articles “Are You Ready?” by chapter President Anna Bellisari, and also “A Primer on Health Savings Accounts” and “Where Things Stand in Negotiations” by Chief Negotiator Rudy Fichtenbaum; and likewise the late-April special edition for an article “What Did the Administration Know and When Did They Know It?” reporting on recent developments in negotiations.

Negotiations toward a successor of our current Collective Bargaining Agreement (CBA), or contract, began on January 25, 2008. Usually, bargaining will occur on Friday afternoons, starting at 1:00 p.m. and running until approximately 4:00 or 5:00. Our Bargaining Council, Executive Committee, and Negotiating Team have formulated most of the proposals that we will put forth at the bargaining table and are still working on others.

Check this page often to stay abreast of the negotiations. Also, do contact your Bargaining Council representatives, or members of the Negotiating Team or Executive Committee, with any ideas you have about what we should try to achieve during negotiations.

Below, you will find ...

Bargaining Council

Our Bargaining Council (BC) will have a significant impact on our CBA negotiations. In particular, the BC will participate in formulating the proposals for new or amended CBA language that our Negotiating Team will carry to the bargaining table in 2008.

Our chapter Constitution and Bylaws specifies the makeup and duties of the Bargaining Council. See especially Article X, Contract Negotiations.

Members of our Bargaining Council are listed below. Click on a link in the right-hand column to initiate an e-mail message.

Name College Office Location Phone E-mail

Chris Barton

CoSM

261A Brehm Lab

x3444

chris.barton@wright.edu

Glen Cebulash

CoLA

A334 Creative Arts

x3547

glen.cebulash@wright.edu

Sandra Crews

CoLA

T148G Creative Arts

x3072

sandra.crews@wright.edu

Marlese Durr

CoLA

255 Millett

x2275

marlese.durr@wright.edu

Bobbe Gray

CoNH

134 University Hall

x2646

bobbe.gray@wright.edu

Thomas Hangartner

CECS

244 Russ

x5070, 208-2257

thomas.hangartner@wright.edu

Barbara Hopkins

RSCoB

208H Rike

x2080

barbara.hopkins@wright.edu

Allen Hunt

CoSM

241 Fawcett

x3116

allen.hunt@wright.edu

Doris Johnson

CEHS

337 Allyn

x2994

doris.johnson@wright.edu

Jan La Forge

CEHS

M084 Creative Arts

x2150

jan.laforge@wright.edu

David Orenstein

CoLA

268 Millett

x2667

david.orenstein@wright.edu

Larry Prochaska

CoSM

246 Biological Sciences

x2551

lawrence.prochaska@wright.edu

Michael Raymer

CECS

391 Joshi

x5110

michael.raymer@wright.edu

Martha Sammons

CoLA

447 Millett

x3549

martha.sammons@wright.edu

Jim Steinberg

Lake

282 Dwyer Hall

x8342

james.steinberg@wright.edu

Larry Turyn

CoSM

221 Mathematical & Microbiological Sciences

x2775

larry.turyn@wright.edu

Dan Weber

CoSM

306D Fawcett

x2971

dan.weber@wright.edu

Mary Wenning

CoLA

215 Millett

x3506

mary.wenning@wright.edu

 

Negotiating Team

Members of our Negotiating Team are as follows. As is true with the Bargaining Council, we invite all Regular Chapter Members to contact any and all Negotiating Team members about any matter pertaining to CBA negotiations. Click on a link in the right-hand column to initiate an e-mail message.

Name Office Location Phone E-mail

Donna Miles Curry

130 University Hall

x2653

donna.curry@wright.edu

Rudy Fichtenbaum, Chief Negotiator

208K Rike

x3085

rudy.fichtenbaum@wright.edu

Barry Milligan

445 Millett

x4805

barry.milligan@wright.edu

Paulette Olson

260D Rike

x2409

paulette.olson@wright.edu

Mateen Rizki

432 Russ

x5117

mateen.rizki@wright.edu

Jim Vance

120F Mathematical and Microbiological Sciences

x2206

jvance@math.wright.edu

 

Reports about each Negotiating Session

Please note that embedded in the brief reports below, there are links to pages about individual CBA articles. On these pages, we provide more detail about the initial proposals made by the two parties and negotiations themselves.

Index of Negotiating Sessions with Links
  Friday, May 2 Friday, April 25
Friday, April 18 Friday, April 11 Friday, April 4
Friday, March 28 Friday, March 21 Friday, March 14
Friday, March 7 Friday, February 29 Friday, February 15
Friday, February 8 Friday, February 1 Friday, January 25

 

Friday, May 2

Bargaining began in this session with Article 7 (Faculty Rights and Responsibilities). The administration put forward language about Internet Security and Privacy and about Legal Protection that will probably be largely satisfactory.

The administration then turned to Article 23 (Compensation) and Article 26 (Medical, Dental and Vision Insurance). Three weeks after we submitted our opening position on these, the two primary economic articles, the administration was still not prepared to offer a written counterproposal, instead describing a so-called offer whose actual dollar impact it could not tell us. See the May 2 report on our Article 23 page for details.

The parties made substantial progress on Article 31 (Other Benefits) though not all parking issues (faculty-only spaces, parking fees) are settled.

Finally, the parties agreed upon minor changes in Article 13 (Promotion and Tenure) that are consistent with the decision that progress-toward-promotion reports for tenured Bargaining Unit Faculty will only be required when such faculty request them.

 

Friday, April 25

This session began with a visit from Dr. Matthew V. Filipic, Wright State’s Senior Vice President for Business and Fiscal Affairs. He provided information about rising health insurance costs and was at the same time candid about the Health Savings Accounts (HSAs) associated to the centerpiece of the administration’s proposal for Article 26 (Medical, Dental and Vision Insurance). Our team suggested an alternative means to reduce health care expenditures based on an incentive program at Ohio State.

The administration proposed and we accepted a change in Article 10 (Faculty Involvement in Governance) that would no longer allow department chairs to serve on college promotion and tenure committees. A matching change was then called for and made in Article 13 (Promotion and Tenure).

The administration withdrew the changes to Article 15 (Suspension and Removal of Tenure) it had proposed on March 21.

In Article 14 (Discipline), our Negotiating Team withdrew our Section 14.4.2 proposal and agreed to a clarification of an administration proposal previously accepted. Bargaining over this article is probably complete.

Our team agreed to the administration’s three minor proposals for Article 29, Professional Development Leave, so this article too is apparently complete.

Finally, regarding Article 18 (Institutional Environment) and our proposal for a new section 18.7 creating a committee of Bargaining Unit Faculty to oversee the performance of CaTS, CTL, the Office of the Registrar, and the Physical Plant: our team rejected the administration’s proposal that the directors of those four “service” units should sit on the committee, but we did agree to an administration suggestion for some academic administrators who are faculty to serve on the committee.

 

Friday, April 18

At the outset of this session, our team provided updated data to the administration on our salaries vs. those at certain peer institutions; see the April 18 report on our Article 23 (Compensation) page for particulars.

The parties discussed unresolved issues in Article 15 (Suspension and Removal of Tenure) guided in part by consultation between our Negotiating Team and our chapter attorney

Returning to FMLA (Family and Medical Leave Act) rights and the language in CBA Article 30 (discussed on March 28 as shown below), our team stated that we are willing to drop the matter and not to oppose how the administration is presently treating the relationship between FMLA leave and sick leave. The administration acknowledged that it needed to improve its communications with affected faculty on this matter.

The administration withdrew all of its proposals for Article 10 (Faculty Involvement in Governance) other than the one to which our team had already agreed. Also, it made an acceptable counterproposal on the single issue either party raised in Article 12 (Student Evaluation of Learning and Teaching). Thus, negotiations over those two articles should be complete.

The two negotiating teams spent a good deal of time working on unresolved issues in Article 7 (Faculty Rights and Responsibilities), among these section 7.6 on classroom atmosphere, a new section 7.7 on faculty availability for meetings, section 7.11.1 on internet security and privacy, section 7.13 on legal protection, and section 7.14 on advance notice of teaching assignments. Please see the April 18 report on our Article 7 page for the particulars.

Finally, the parties discussed administration counterproposals on Article 18 (Institutional Environment), including several in which the administration completely rejected our opening proposals. Among these were our proposals calling for faculty development funds, payment for certain professionally essential license fees, and reimbursement for theft.

 

Friday, April 11

At this session’s beginning, our Negotiating Team withdrew our proposal in Article 9 (Academic Calendar) calling for pay for certain holidays.

Most of this session was consumed by our Negotiating Team’s introduction of the AAUP-WSU opening proposals on Article 23 (Compensation) and Article 26 (Medical, Dental and Vision Insurance). The former calls for salary increases of 25% over three years, and the latter calls for percentage increases in what we would pay for medical, dental, and vision coverage to equal the percentage increases in our salaries. Please see the April 11 report on our page for Article 23 (Compensation) for an important analysis regarding overall compensation (salary and benefits combined).  

At the end of this session, the two negotiating teams returned to Article 13 (Promotion and Tenure), agreeing to a few changes described in detail on our Article 13 page.

 

Friday, April 4

The parties returned briefly to Article 3 (Non-Discrimination), as the administration proposed and our Negotiating Team accepted language concerning conflict-of-interest situations in the assigning of grades.

Next came the matter of disruptive student behavior in classes, covered in Article 7 (Faculty Rights and Responsibilities). The administration proposed language in part consistent with that the parties had discussed before (e.g., on March 21), but leaving the hearing process in the hands of the Office of Student Judicial Services -- a feature highly objectionable to AAUP-WSU. The parties discussed the possibility of handling this matter and possibly academic dishonesty as well via an out-of-contract Memorandum of Understanding.

Responding to our proposal for a new section 9.7 on pay for certain holidays, the administration proposed changes elsewhere in Article 9 (Academic Calendar) which it described as entailing no change in past practice.

Our Negotiating Team submitted a revised proposal on Article 18 (Institutional Environment) in accordance with the agreement on that article and Article 3 (Non-Discrimination) described in the March 7 negotiating report below. The revision featured a major new section 18.7 stating that “Bargaining Unit Faculty shall have the right to oversee (or monitor) the performance of CaTS, CTL, the Office of the Registrar, and the Physical Plant...” and that this right includes the right to make recommendations regarding

The administration gave us all their economic proposals (Article 23, Compensation; Article 24, Minimum Salaries; Article 26, Medical, Dental and Vision Insurance; Article 31, Other Benefits; and Appendix E, Summary of Medical, Dental and Vision Benefits) and we reciprocated, submitting proposals for the “minor” economic articles (Article 11, Annual Evaluation; Article 24, Minimum Salaries; and Article 31, Other Benefits). The parties had previously agreed that the administration would go first, so to speak, on the “major” economic articles, 23 and 26.

Our team briefly described or motivated our proposals in Article 18, Article 24, Article 11, and Article 31.

 

Friday, March 28

On Article 7 (Faculty Rights and Responsibilities), the administration announced that it had accepted one of the alternatives we had suggested regarding the calling of meetings (involving Bargaining Unit Faculty on academic year contracts) outside the three eleven-week quarters. Briefly stated, this alternative would permit such a meeting if attendance is optional and non-attendance could result in no evaluative or disciplinary consequences; see our March 28 report for Article 7. There was also some discussion of other unresolved sections of Article 7 (classroom atmosphere, internet security and privacy, legal protection, and notification of teaching assignments) but no substantial progress to report.

The administration offered a counter-proposal to the changes in Article 27 (Life and Disability Insurance). Since the counter had the same effect as our original -- namely, to specify what our accidental death and dismemberment insurance coverage and our long term disability insurance coverage actually are (rather than alluding to a continuation of existing coverage) -- our Negotiating Team accepted the counter. Thus bargaining over this article should be finished.

There was a brief continuation of previous discussions about Appendix D, the Side Letter on Promotion and Tenure Criteria.

Next came some discussions about FMLA (Family and Medical Leave Act) rights and the language in CBA Article 30. Leaves. Neither party proposed to amend this article. However, recent events have prompted the parties to consider current section 30.2.3: “Family and Medical Leave is unpaid unless the Bargaining Unit Faculty Member has accrued sick leave and/or vacation hours which he or she is eligible to use for the purpose of the leave. Such sick leave and/or vacation hours must be used on a continuous basis at the beginning of a Family and Medical Leave.” The last quoted sentence states that when one starts to take FMLA leave, one must use sick leave and/or vacation if it is available. What about the converse? When one starts to take sick leave, must one begin using FMLA leave?

The parties agreed to attempt to finalize Article 13 (Promotion and Tenure), at the April 18 session. Otherwise they did not work on this article.

The two negotiating teams agreed that on April 4, the administration would offer its opening proposals on the two major economic articles, namely Article 23, Compensation, and Article 26, Medical, Dental and Vision Insurance; whereas our team would put forward our proposals on the other economic articles.

Article 9 (Academic Calendar), was then discussed for the first time. No agreement was reached on any of the three proposals (two by the administration, one by AAUP-WSU) made by the two parties.

Returning to Article 10 (Faculty Involvement in Governance), the parties settled one of two unresolved issues when the administration withdrew its proposal to prohibit AAUP-WSU officers from serving as President or President-elect of the University Faculty. The remaining proposal on certain conflict-of-interest situations (see 10.4.7.2) is not fundamentally controversial but not resolved, either.

Finally, the parties continued bargaining over AAUP-WSU’s proposal for Article 12 (Student Evaluation of Learning and Teaching) about the confidential handling of student evaluation forms. The administration will attempt to craft language to accomplish our purpose, with which it does not disagree.

 

Friday, March 21

The parties began by discussing three changes proposed by the administration for Article 15 (Suspension and Removal of Tenure). The most substantive of the three, which would broaden the circumstances under which tenure removal or unpaid suspension could be pursued, was not resolved.

The administration’s proposal for Article 3 (Non-Discrimination), was introduced, discussed, and modified slightly. The final result is likely to be quite straightforward: the parties will add “military status” and “gender identity/expression” to the list (found in section 3.2) of bases on which they contractually agree not to discriminate.

On Article 7 (Faculty Rights and Responsibilities), the parties briefly considered contract language on computer privacy already adopted by the AAUP faculty union and the administration at Cleveland State University. They then turned to a more complete working draft of section 7.6 on classroom atmosphere. In both cases no agreement was reached, but the constructive nature of the discussions leads one to guess that neither issue will result in an impasse.

This session saw initial negotiations over AAUP-WSU’s brief proposal for Article 12 (Student Evaluation of Learning and Teaching). There was no fundamental disagreement regarding the union objective -- to have the evaluation forms handled in a confidential manner -- but no agreement on what language could achieve that objective.

The parties began and essentially completed bargaining over Article 16 (Grievance and Arbitration), in which AAUP-WSU had proposed largely cosmetic adjustments to the existing language.

Next, the two negotiating teams began work on Appendix D (likely to be re-lettered, perhaps as Appendix E), the Side Letter on Promotion and Tenure Criteria that describes circumstances under which some Bargaining Unit Faculty can elect to apply for promotion and/or tenure under “past practice” rather than the criteria specified in bylaws. Noting that the upcoming academic year 2008-2009 is the last in which anyone at all will have the “past practice” option, the parties began working collaboratively through this side letter.

Finally, at the very end of this session, our Negotiating Team stated that AAUP-WSU accepts in full the administration proposal for Article 34 (Emeritus Professor), which provides a means to award Emeritus status posthumously.

 

Friday, March 14

At this session, negotiations focused on articles 7 (Faculty Rights and Responsibilities) and 10 (Faculty Involvement in Governance).

On Article 7, no agreement was reached on the administration proposal regarding faculty availability, specifically when faculty can be expected to attend meetings outside the three eleven-week quarters; however, our Negotiating Team laid out two alternatives to the current language for the administration to consider. The parties also discussed the AAUP-WSU proposals on internet security and privacy (7.11.1), legal protection (7.13), and class assignments (7.14). Though no agreement was reached on any of these, at least some progress was made on each.

On Article 10 (Faculty Involvement in Governance), the parties reached no agreement on the administration’s proposal to prohibit AAUP-WSU officers from serving as President of the Faculty. But our team accepted a second proposal the administration had made, and the parties engaged in a constructive discussion regarding the third; for more, see the March 14 report on our Article 10 page.

 

Friday, March 7

Before the start of negotiations per se, our Negotiating Team noted that the administration had received a request from the Office of Affirmative Action to modify certain language in Article 3, Non-Discrimination; we stated that we would not object to the late introduction of this proposed change, provided the administration would entertain a revised proposal from us on Article 18, Institutional Environment. Specifically, we stated that our intent was to introduce oversight committees for certain WSU “service” units like CaTS, CTL, the Physical Plant, and the Registrar’s office. The administration replied that such would be a good idea (besides which Article 18 has already been re-classified as economic, implying that our initial proposal for that article is not due until April 4; see the ground rules below). Thus, a new proposal for Article 3 will be forthcoming from the administration, and AAUP-WSU will eventually submit a revised proposal for Article 18.

The negotiators then turned to Article 14, Discipline. Except for language in Section 14.4.2 limiting the administration’s obligation to provide notification of certain investigations, the parties seemed to reach agreement on all proposals.

In Article 15, Suspension and Removal of Tenure, the parties agreed to small language changes clarifying the hearing process.

Last, the two negotiating teams began working on Article 7, Faculty Rights and Responsibilities. They seemed to arrive at an outline of how to modify existing language about disruptive students, with individual faculty members retaining the right to remove such students from a single class meeting, but a due-process mechanism provided when a faculty member wishes to remove a student for the entire term (i.e., to disenroll the student). They began discussing faculty availability, specifically when faculty can be expected to attend meetings. Please see the March 7 report on our Article 7 for more detail.

 

Friday, February 29

At this session, the parties adopted a few changes in the joint draft of Article 13, Promotion and Tenure, agreeing in particular to reinstate the previously removed rebuttal to the University President.

Turning to Article 15, Suspension and Removal of Tenure, the two negotiating teams came close to finalizing language for the entire article. In particular, they crafted language to have a tenure removal Hearing Board appointed jointly by the administration and AAUP-WSU, and then only when one is needed (whereas now, there is a standing board appointed by the Executive Committee of the Faculty Senate). The administration withdrew one of its proposals, namely to no longer guarantee that an accused faculty member could appear before the Board of Trustees.

Finally, the parties resumed discussions of Article 14, Discipline. Our Negotiating Team accepted the notion that a convicted and consequently incarcerated faculty member should not be paid but resisted the more general language on that matter proposed by the administration.

 

Friday, February 15

The parties agreed to final language in Article 8, WSU-AAUP Rights and then briefly continued tinkering with the joint draft of Article 13, Promotion and Tenure.

Next, work began on Article 15, Suspension and Removal of Tenure. The parties apparently arrived at agreement on a new article title (Termination and Unpaid Suspension) and on specific language for sections 15.1-15.4. They also agreed that paid suspension is a disciplinary measure than can be applied without going through the full mechanism of Article 15, which in turn calls for a small wording change in Article 14, Discipline.

 

Friday, February 8

The parties continued working on a joint draft of Article 13, Promotion and Tenure. They then discussed a small number of points in which they might substantively disagree (stay tuned for forthcoming details).

The administration stated that it regarded our proposal for Article 28, Vacation and Sick Leave to have nontrivial economic content but did not want at this time to formally classify it as economic.

The parties discussed the proposals they had exchanged on Article 8, WSU-AAUP Rights and reached essentially final agreement on that article. See our Article 8 page for details about these February 8 discussions.

 

Friday, February 1

Workload

The parties agreed to a “truce” regarding workload, signing the memorandum of understanding (MOU) shown below (on January 31, actually).

Memorandum of Understanding Concerning Workload
January 31, 2008

Wright State University agrees to make no changes in the University or college workload policies through the end of the duration of the Collective Bargaining Agreement (CBA) that is the successor of the CBA that expires on June 30, 2008; however, AAUP-WSU agrees that the University may update existing workload policies to correctly cite the WSU Mission Statement.

In the event that the University is directed by the Ohio Board of Regents to alter its workload policies, the parties will meet to discuss the issue before any actions are taken, and no changes will be implemented, except by mutual consent, through the duration of the successor CBA currently being negotiated.

In exchange for the University’s agreement set forth above, the AAUP-WSU agrees that it will make no proposals to amend Article 19 Workload, to introduce new articles on workload, or to add provisions directly related to the assignment of teaching, scholarship, or service to Bargaining Unit Faculty Members during the negotiations for a successor agreement to the current 2005-2008 CBA.

Both parties may propose changes to the existing provisions of the CBA and may propose incorporation of Memoranda of Understanding into the CBA.

This Memorandum shall not impair the rights of either the University or the Union pertaining to faculty workload and shall not constitute any waiver of any legal right or obligation of either party.

The above notwithstanding, the parties may agree by mutual consent to negotiate about or otherwise discuss any matter.

In effect, this MOU will preserve the workload status quo through the end of the CBA now being negotiated. In particular, a draft workload policy the administration circulated to chairs, deans, and the Faculty Senate in fall 2007 is for all practical purposes dead.

Ground Rules

The parties agreed to previously discussed ground rules, though the formal signing was postponed simply because no paper copy was at hand. The ground rules were subsequently signed by the two parties and thus made official. They read as follows:

  1. Meetings - A schedule of meetings will be jointly determined. Starting and ending times for each session may be altered as the need arises, by mutual consent. Meetings will not be audio or video recorded. Computers are permitted for note taking.
  2. Quorum – The presence of the chief negotiator and at least one other team member from both the AAUP and the University shall constitute a quorum for all meetings.
  3. Agenda - The agenda for each session will be mutually determined in advance insofar as possible, usually as the last item of business at the previous session. The agenda may be modified during the course of a meeting by mutual consent. This does not preclude a party from raising an issue that does not appear on the agenda. When such issues do arise, the parties may agree to pursue them; however, the “surprised" party need not respond in detail at that session.
  4. Document Exchange – February 1, 2008 both parties will exchange a list of articles and side letters that they propose to a) modify, b) eliminate, or c) introduce as a new article(s) or side letter(s) in the current negotiations. Each article or side letter will be categorized as either non-economic or economic. Should the two parties characterize an existing article or side letter differently (i.e., one characterizes an article or side letter as economic and the other characterizes the article or side letter as non-economic) then such article or side letter will be regarded as economic for purposes of paragraph 4. Proposals for non-economic articles and side letters will be exchanged by February 1, 2008. Proposals for economic articles and side letters will be exchanged by April 4, 2008. Whenever possible, counter proposals will be in writing and exchanged 48 hours in advance of the session at which they are to be discussed to minimize possible confusion or misunderstanding and give each side sufficient time to understand the position of the other side. Each side will provide six hard copies and one electronic copy i.e., data file to the other chief negotiator. Electronic files will be segregated by article; that is a single data file will contain only one CBA article or side letter. The three deadlines in paragraph 4 may be changed by mutual consent.
  5. Bargaining Team Membership - The parties are free to amend the size and membership of their respective teams at the bargaining table. The other team will be advised of changes in advance. All participants will abide by these ground rules.
  6. Proceedings - Each chief negotiator will be responsible for the recognition and participation of each member of her/his team. All questions by team members or resource people should be directed to or through the chief negotiator.
  7. Recesses and Caucuses - Either chief negotiator may call for a caucus whenever she/he deems it necessary, with time limits set and changed by mutual understanding. If either side feels it has the need for an extended caucus it can inform the other side and postpone negotiations until the next scheduled session.
  8. Minutes - There will be no joint minutes. Each party will be responsible for keeping its own record of the negotiations.
  9. Temporary Impasse – If the parties fail to reach an agreement on a particular item, negotiations will continue on other items and the parties will subsequently return to the item that was not settled. If a temporary impasse arises, both parties may agree to turn the issue over to a sub-committee for additional settlement efforts with any possible solutions reached brought back to the full table for discussion.
  10. Tentative Agreements - All tentative agreements achieved will be reduced to writing, dated, and initialed by the respective chief negotiators. All such dated and initialed agreements remain tentative pending completion of a total agreement. Only the chief negotiators may make a commitment for their respective parties.
  11. Communications – Both parties have the responsibility to keep their constituents informed about the progress of negotiations. Each party has the right to make periodic progress reports to the party’s constituencies; such reports shall be truthful and designed to be informative of the bargaining process.
  12. Confidentiality – If both chief negotiators agree that a conversation will be kept “off the record” then no notes will be taken and all elements of the “off the record” exchange will be kept strictly confidential.
  13. All negotiation sessions shall be closed to the public, including WSU students and the media.
  14. It is the intent of both parties that negotiations be conducted at the bargaining table and in good faith towards achieving a contract mutually beneficial to all.
  15. The agreement between Wright State University and the Wright State University Chapter of the American Association of University Professors ending June 30, 2008 will remain in effect beyond June 30, 2008 until a new agreement is ratified unless either of the parties notifies the other party, in writing, of its intent to terminate the agreement. Such notice will be provided at least ten (10) days in advance of the termination date.
  16. In the event that there is a need for fact finding the parties agree to extend the time for fact finding such that the fact finder’s report will not be submitted prior to September 19, 2008. This extension does not take effect until after appointment of the fact finder pursuant to Ohio Revised Code Section 4117.14.

Advance Notice of All Forthcoming Proposals Exchanged

Also on February 1, the administration and AAUP-WSU exchanged lists of (1) articles in the current CBA in which they intend to propose changes and (2) new articles they intend to propose. Please see the table below.

In the table, links in the Article and Title columns point to more detailed information. The Status column indicates which party, if either, will propose a change an the existing article (or will propose a new article). The Classification (non-economic or economic) column is relevant in light item 4 “Document Exchange” in the ground rules above.

Article
Title
Status
Classification
Comments
Article 1 Preamble No Change --  
Article 2 Recognition No Change --  
Article 3 Non-Discrimination No Change* -- * See the report from March 7, when AAUP-WSU agreed to accept a late proposal on this article from the administration.
Article 4 Affirmative Action No Change --  
Article 5 Academic Freedom & Professional Responsibilities No Change --  
Article 6 Management Rights No Change --  
Article 7 Faculty Rights and Responsibilities Both Non-economic  
Article 8 WSU-AAUP Rights Both Non-economic  
Article 9 Academic Calendar Both Non-economic  
Article 10 Faculty Involvement in Governance Administration Non-economic  
Article 11 Annual Evaluation Both Economic  
Article 12 Student Evaluation of Learning and Teaching AAUP-WSU Non-economic  
Article 13 Promotion and Tenure Both Non-economic  
Article 14 Discipline Both Non-economic  
Article 15 Suspension and Removal of Tenure Both Non-economic  
Article 16 Grievance and Arbitration AAUP-WSU Non-economic  
Article 17 Retrenchment No Change --  
Article 18 Institutional Environment AAUP-WSU Economic AAUP-WSU classified this article as non-economic and thus submitted our proposal on February 1. The administration asked to re-classify this article as economic (its right per ground rules) in view our proposed new section 18.4. Finally, on April 4, we revised our initial proposal; see the report from March 7.
Article 19 Workload No Change --  
Article 20 Intellectual Property AAUP-WSU Non-economic  
Article 21 Distance Learning Both Non-economic  
Article 22 Outside Employment No Change --  
Article 23 Compensation Both Economic  
Article 24 Minimum Salaries Both Economic  
Article 25 Additional Compensation No Change --  
Article 26 Medical, Dental and Vision Insurance Both Economic  
Article 27 Life and Disability Insurance AAUP-WSU Non-economic  
Article 28 Vacation and Sick Leave AAUP-WSU Non-economic  
Article 29 Professional Development Leave Administration Non-economic  
Article 30 Leaves No Change --  
Article 31 Other Benefits Both Economic  
Article 32 Dues Check-Off and Fair Share No Change --  
Article 33 Retirement AAUP-WSU Economic  
Article 34 Emeritus Professor Administration Non-economic  
Article 35 Separability No Change --  
Article 36 No Strike/ No Lockout No Change --  
Article 37 Amendments No Change --  
Article 38 Agreement Duration Both Non-Economic  
Appendix A Candidate Review Statement No Change --  
Appendix B Curriculum Vitae of Candidate No Change --  
Appendix C Record of Promotion and Tenure Votes No Change --  
Appendix D Side Letter on Promotion and Tenure Criteria Administration Non-economic This appendix is likely to be re-lettered, perhaps as Appendix E.
Appendix E Summary of Medical, Dental and Vision Benefits Both Economic  
Appendix F Side Letter on Compensation for Distance Learning AAUP-WSU Non-Economic AAUP-WSU will propose incorporating the substance of this side letter into the CBA, thereby removing the current Appendix F.
Appendix G Side Letter on Parental Leave Delete Non-Economic Both parties will propose incorporating parental leave into the CBA proper, thereby removing the current Appendix G. (Please see our Agreement on Parental Accommodations, the document that implements Appendix G in the current CBA.)
Appendix G, new December classes Administration Non-Economic  
Appendix X (letter to be chosen, probably D) Promotion and Tenure Schedule (title tentative) Both Non-Economic On February 1, while examining a joint draft of Article 13 “Promotion and Tenure”, the parties agreed that the Promotion and Tenure Schedule that is now published annually could and should be incorporated into the CBA as an appendix.

Non-Economic Proposals Exchanged

Our Negotiating Team gave the administration our opening proposals for non-economic articles: Articles 7, 8, 9, 12, 14, 15, 16, 18, 20, 21, 27, 28, 33, and 38; and likewise our team received proposals from the administration on Articles 7, 8, 9, 10, 11, 13, 14, 15, 21, 29, 34, and 38, and also Appendices D and G (the latter new). The parties noted that Article 11 was classified as non-economic by the administration but as economic by our team; so, negotiations about this article will probably be postponed until all economic proposals are exchanged (see item 4 in the Ground Rules above).

Article 13, Promotion and Tenure

The parties continued working through what is, in effect, a joint draft of Article 13, Promotion and Tenure.

 

Friday, January 25

At this first negotiating session, the parties first discussed ground rules that will govern the negotiations. None were adopted, pending a hoped-for resolution of the contentious workload issue; stay tuned for more about that. However, the parties hope to finalize ground rules early in the week of Monday, January 28. Almost certainly, the rules will be largely identical to those agreed upon for negotiations three years ago.

No proposed CBA articles were exchanged. However, the parties began examining a draft of Article 13, Promotion and Tenure; the draft is an amalgamation of input from the administration, our Bargaining Council, Negotiating Team, and Executive Committee, crafted with the primary objective of retaining most provisions of Article 13 in the current CBA but making it easier to read and use, both for faculty applying for promotion and/or tenure and those making recommendations on applications (e.g., Promotion and Tenure Committee members at the various levels, chairs, and deans). In view of negotiations three years ago and before, neither party expects Article 13 to be a source of controversy, so they readily agreed to take this unusual, somewhat informal approach to this article.


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