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Negotiations: Article 31, Other Benefits

Wright State University Chapter

American Association of University Professors

AAUP-WSU has proposed the article in the left hand column of the table below for inclusion in the first collective bargaining agreement (CBA) for non-tenure-eligible (NTE) faculty. Our negotiating team handed it to the administration at the initial negotiating session on March 11, 2013. The administration gave a counter-proposal at the session on April 15, 2013; see the right hand column of the table below.

Reports about the status of this article will be found below the table.

See our CBA Negotiations page for a roster of the AAUP-WSU negotiating team, brief reports about each Monday's negotiation session, and an article-by-article summary table with links to detailed information about each individual article that either the administration or AAUP-WSU proposes to include in the CBA.

Article 31, Other Benefits

31.1 Tuition and Fee Remission. This benefit consists of a waiver of the instructional fee, general fee, and out-of-state tuition for NTE Bargaining Unit Faculty Members taking courses at the University, and a waiver of 80% of the instructional fee, general fee, and out-of-state tuition for their spouses or domestic partners and eligible dependents taking courses at the University.  This benefit does not apply to high school students participating in the Dual Enrollment Program.

31.1.1 Eligibility for Tuition and Fee Remission Benefits. Eligibility is determined by the status of the Bargaining Unit Faculty Member on the first day of the applicable term. The following individuals are eligible for these benefits:

NTE Bargaining Unit Faculty Members.

Spouse, domestic partner or dependents of an eligible Bargaining Unit Faculty Member. A dependent is a son, stepson, daughter, or stepdaughter of the Member as defined in the Internal Revenue Code, Section 151 (e)(3), who is eligible to be claimed as a dependent on the Member’s federal income tax return.

Retirees, including those on disability retirement, who have ten years of Wright State University service, and who were eligible at the time of their retirement, and their spouses, domestic partners, and dependents.

Spouses, domestic partners and dependents of NTE Bargaining Unit Faculty Members who were eligible at the time of their deaths or spouses, domestic partners and dependents of eligible Members on disability leave. Such eligibility for dependents expires at the time their dependent status would have expired.

Members on disability leave pursuant to Section 30.4.

31.1.2 Limitations on Tuition and Fee Remission Benefits.

31.1.2.1 A Bargaining Unit Faculty Member is limited to maximum benefits equal to the instructional fee, general fee and out-of-state tuition for a maximum of eight (8) credit hours per semester. For the purpose of Member fee remission, there are three semesters per year: fall, spring, and summer. Spouses, domestic partners and dependents of the eligible Bargaining Unit Faculty Member, retirees, and Members on disability leave are not subject to these limitations.

31.1.2.2 Benefits for credit-hour courses for a Bargaining Unit Faculty Member apply only to courses included in regular undergraduate and graduate level programs, and do not apply to courses in Medicine and Professional Psychology. Benefits for credit-hour courses for an individual other than a Bargaining Unit Faculty Member apply only to courses included in regular undergraduate and master’s level programs.

31.1.2.3 Except for certain restricted offerings, an eligible Bargaining Unit Faculty Member may have 100% of the fee for noncredit courses or workshops remitted if the enrollment is approved by the Member’s Chair as being beneficial for the training of the Member.

31.1.2.4 The fee remission benefit for eligible NTE Bargaining Unit Faculty Members covers audited courses as well as courses for academic credit.

31.1.2.5 A fee remission for noncredit courses or workshops is not available for spouses, domestic partners, and dependents of the Bargaining Unit Faculty Member or for retirees.

31.2 Employee Assistance Program. The University will provide members of the household of eligible NTE Bargaining Unit Faculty Members, and dependents of an eligible Member who are eligible for group health insurance coverage, an Employee Assistance Program that provides short-term problem-focused counseling to deal with a variety of personal and work-related problems. This program shall be provided at no cost to the Bargaining Unit Faculty Member.

31.3 Flexible Spending Accounts. The University will offer flexible spending accounts for health and dependent care to eligible NTE Bargaining Unit Faculty Members. The terms of such accounts are as follows:

31.3.1 The health care account is used for pre-tax reimbursement of medical, dental and vision care costs that are not reimbursed by an insurance plan. The minimum contribution is $10/month; the maximum contribution is $1000/month or, if less, the maximum allowed by law.

31.3.2 The dependent care account is used for pre-tax reimbursement of dependent care expenses including the cost of care in a licensed day care center, preschool tuition, and care provided in or outside the employee’s home. The minimum contribution is $10/month; the maximum is the maximum allowable by law beginning January 1, 2009.

31.1 Tuition and Fee Remission. This benefit consists of a waiver of the instructional fee, general fee, and out-of-state tuition for Bargaining Unit Faculty Members taking courses at the University, and a waiver of 80% of the instructional fee, general fee, and out-of-state tuition for their spouses or domestic partners and eligible dependents taking courses at the University. This benefit does not apply to high school students participating in the Dual Enrollment Program.

31.1.1 Eligibility for Tuition and Fee Remission Benefits. Eligibility is determined by the status of the Bargaining Unit Faculty Member on the first day of the applicable term. The following individuals are eligible for these benefits:

Bargaining Unit Faculty Members.

Spouse, domestic partner or dependents of an eligible Bargaining Unit Faculty Member. A dependent is a son, stepson, daughter, or stepdaughter of the Member as defined in the Internal Revenue Code, Section 151 (e)(3), who is eligible to be claimed as a dependent on the Member’s federal income tax return.

Retirees, including those on disability retirement, who have ten years of Wright State University service, and who were eligible at the time of their retirement, and their spouses, domestic partners, and dependents.

Spouses, domestic partners and dependents of Bargaining Unit Faculty Members who were eligible at the time of their deaths or spouses, domestic partners and dependents of eligible Members on disability leave. Such eligibility for dependents expires at the time their dependent status would have expired.

Members on disability leave pursuant to Section 30.4.

31.1.2 Limitations on Tuition and Fee Remission Benefits.

31.1.2.1 A Bargaining Unit Faculty Member is limited to maximum benefits equal to the instructional fee, general fee and out-of-state tuition for a maximum of eight (8) credit hours per semester. For the purpose of Member fee remission, there are three semesters per year: fall, spring, and summer. Spouses, domestic partners and dependents of the eligible Bargaining Unit Faculty Member, retirees, and Members on disability leave are not subject to these limitations.

31.1.2.2 Benefits for credit-hour courses for a Bargaining Unit Faculty Member apply only to courses included in regular undergraduate and graduate level programs, and do not apply to courses in Medicine and Professional Psychology. Benefits for credit-hour courses for an individual other than a Bargaining Unit Faculty Member apply only to courses included in regular undergraduate and master’s level programs.

31.1.2.3 Except for certain restricted offerings, an eligible Bargaining Unit Faculty Member may have 100% of the fee for noncredit courses or workshops remitted if the enrollment is approved by the Member’s Chair as being beneficial for the training of the Member.

31.1.2.4 The fee remission benefit for eligible Bargaining Unit Faculty Members covers audited courses as well as courses for academic credit.

31.1.2.5 A fee remission for noncredit courses or workshops is not available for spouses, domestic partners, and dependents of the Bargaining Unit Faculty Member or for retirees.

31.2 Employee Assistance Program. The University will provide members of the household of eligible Bargaining Unit Faculty Members, and dependents of an eligible Member who are eligible for group health insurance coverage, an Employee Assistance Program that provides short-term problem-focused counseling to deal with a variety of personal and work-related problems. This program shall be provided at no cost to the Bargaining Unit Faculty Member.

31.3 Flexible Spending Accounts. The University will offer flexible spending accounts for health and dependent care to eligible Bargaining Unit Faculty Members. The terms of such accounts are as follows:

31.3.1 The health care account is used for pre-tax reimbursement of medical, dental and vision care costs that are not reimbursed by an insurance plan. The minimum contribution is $10/month; the maximum contribution is $1000/month or, if less, the maximum allowed by law. Except as limited by Section 26.1.1, the University will continue to allow reimbursable expenses to be incurred during a grace period as permitted under federal laws and regulations.

31.3.2 The dependent care account is used for pre-tax reimbursement of dependent care expenses including the cost of care in a licensed day care center, preschool tuition, and care provided in or outside the employee’s home. The minimum contribution is $10/month; the maximum is the maximum allowable by law beginning January 1, 2009.

31.4 Parking. The University will offer parking for NTE Bargaining Unit Faculty Members (B permits) at no more than $150 for calendar year 2012, $160 for calendar year 2013, and $170 for calendar year 2014. Members will not be charged extra for gated lot access. The University shall make a good faith effort to provide an adequate number of parking spaces for Members of the Bargaining Unit. The University may make minor adjustments in the number and location of employee parking spaces throughout the year. Before making permanent or substantial changes to the number of spaces designated for faculty and staff in any specific parking lot, however, the University will consult with the AAUP-WSU. 31.4 Parking. The University will offer parking for Bargaining Unit Faculty Members (B permits) at no more than $150 for calendar year 2012, $160 for calendar year 2013, and $170 for calendar year 2014. Members will not be charged extra for gated lot access. The University shall make a good faith effort to provide an adequate number of parking spaces for Members of the Bargaining Unit. The University may make minor adjustments in the number and location of employee parking spaces throughout the year. Before making permanent or substantial changes to the number of spaces designated for faculty and staff in any specific parking lot, however, the University will consult with the AAUP-WSU.

31.5 Fitness Program and Facilities. The University anticipates implementing an employee wellness program.

31.5.1 Before the wellness program is implemented, individual Bargaining Unit Members can join the Fitness Center with no charge and can purchase a family membership for $75 annually September 1 through August 31, $50 January 1 through August 31, or $25 March 1 through August 31.

31.5.2 Once the wellness program is implemented, Bargaining Unit Faculty can join the Fitness Center for a fee of $15 a month, which is waived if they are participating in the wellness program, and family memberships can be purchased for $25 per month ($10 a month for Members participating in wellness programs).

31.5.3 The University will continue to provide fitness classes currently available to NTE Bargaining Unit Faculty Members for a fee as determined by the University. Such fees shall not exceed the fees charged to other University employees. The University will continue to provide access to athletic facilities currently available to NTE Bargaining Unit Faculty Members at no additional charge.

31.5 Fitness Program and Facilities. The University anticipates is implementing an employee wellness program.

31.5.1 Before the University and the AAUP-WSU agree to Bargaining Unit Faculty participation in the wellness program is implemented, individual Bargaining Unit Members can join the Fitness Center with no charge and can purchase a family membership for $75 annually September 1 through August 31, $50 January 1 through August 31, or $25 March 1 through August 31.

31.5.2 Once the wellness program is implementedagreed to, Bargaining Unit Faculty can join the Fitness Center for a fee of $15 a month, which is waived if they are participating in the wellness program, and family memberships can be purchased for $25 per month ($10 a month for Members participating in wellness programs).

31.5.3 The University will continue to provide fitness classes currently available to Bargaining Unit Faculty Members for a fee as determined by the University. Such fees shall not exceed the fees charged to other University employees. The University will continue to provide access to athletic facilities currently available to Bargaining Unit Faculty Members at no additional charge.

31.6 Parental Accommodations

31.6.1 Teaching Relief. So that they will have time to care for a newborn or newly-adopted child under the age of six, eligible Members may choose to take either one full semester with no teaching responsibilities or two semesters with 50% of that Member’s customary teaching load without loss of pay. If the  Member’s teaching load is an uneven number of courses per academic year, the total reduction in teaching responsibilities will equal the smaller number of classes.  Thus, a Member with a customary teaching load of five courses per year will have a total reduction in teaching responsibilities of two courses. Teaching relief semesters must be started within one year of the birth or adoption.

31.6.1.1 To be eligible for teaching relief, the Member must, during the teaching relief semester(s), be the primary caretaker of his or her newborn or newly adopted child under six for at least 25 hours per week, from Monday through Friday, between the hours of 8 a.m. and 10 p.m.

31.6.1.2 Parental Teaching Relief will be granted if requested by a Member who meets the requirements for eligibility. Requests must be submitted to the Provost, with a copy sent to AAUP-WSU, as much in advance as is reasonably possible. Requests must include a signed statement that the individual will satisfy the requirement for eligibility, as defined in Section 31.6.1.1 and also an anticipated schedule of times when the Member will be the primary caretaker of the child.

31.6 Parental Accommodations

31.6.1 Teaching Relief. So that they will have time to care for a newborn or newly-adopted child under the age of six, eligible Members may choose to take either one full semester with no teaching responsibilities or two semesters with 50% of that Memberís customary teaching load without loss of pay. If the Memberís teaching load is an uneven number of courses per academic year, the total reduction in teaching responsibilities will equal the smaller number of classes. Thus, a Member with a customary teaching load of five seven courses per year will have a total reduction in teaching responsibilities of two three courses. Teaching relief semesters must be started within one year of the birth or adoption.

31.6.1.1 To be eligible for teaching relief, the Member must, during the teaching relief semester(s), be the primary caretaker of his or her newborn or newly adopted child under six for at least 25 hours per week, from Monday through Friday, between the hours of 8 a.m. and 10 p.m.

31.6.1.2 Parental Teaching Relief will be granted if requested by a Member who meets the requirements for eligibility. Requests must be submitted to the Provost, with a copy sent to AAUP-WSU, as much in advance as is reasonably possible. Requests must include a signed statement that the individual will satisfy the requirement for eligibility, as defined in Section 31.6.1.1 and also an anticipated schedule of times when the Member will be the primary caretaker of the child.

31.6.2 Annual Evaluation. All Members who have a newly born or adopted child under the age of six may, upon request, receive the average evaluation score in their department for annual evaluation in the year in which the child was born or adopted, or in one of the following two years. Thus, a Member with a child born or adopted in 2011 has the option of receiving an average evaluation score for 2011, 2012, or 2013. The request must be made no later than December 31 of the year for which the average evaluation score is requested.

31.6.3 When preparing teaching schedules and other assignments, department chairs and deans are encouraged to consider the child care responsibilities of Members with children under the age of six. Members’ schedule requests will be considered but cannot be guaranteed, and reasonable adjustments to accommodate their parenting responsibilities shall not be construed as preferential treatment of those Members.

31.6.2 Annual Evaluation. All Members who have a newly born or adopted child under the age of six may, upon request, receive the average evaluation score in their department for annual evaluation in the year in which the child was born or adopted, or in one of the following two years. Thus, a Member with a child born or adopted in 2011 2013 has the option of receiving an average evaluation score for 20112013, 20122014, or 20132015. The request must be made no later than December 31 of the year for which the average evaluation score is requested.

31.6.3 When preparing teaching schedules and other assignments, department chairs and deans are encouraged to consider the child care responsibilities of Members with children under the age of six. Members’ schedule requests will be considered but cannot be guaranteed, and reasonable adjustments to accommodate their parenting responsibilities shall not be construed as preferential treatment of those Members.

31.6.4 Members may apply to their dean for support to maintain their laboratory operations or other ongoing professional commitments during the year following the birth or adoption of a child under six.

31.6.5 Additional provisions in this Agreement to assist parents of newborn or newly adopted children include--

  • sick leave and FMLA (Article 28 and Sections 30.1-30.2.5),
  • unpaid child care leave (Sections 30.3-30.3.3),
  • partial unpaid leave (Section 30.8), and
  • probationary period extensions (13.5.4 and subsections).

31.7 Adoption Assistance.

31.7.1 The university will reimburse NTE Bargaining Unit Faculty Members up to $4,000 per child for eligible adoption related expenses upon placement of a minor child in the Member’s home. If two adopting parents of the same adopted child are both eligible for adoption assistance, the total maximum benefit amount for that adoption is $4,000.

31.7.2 Eligible adoptions:

  • Adopted children must be under the age of 18.
  • The children may be biologically related to either parent.
  • Adoptions made through public, private, domestic, international, and independent means are eligible.

31.7.3 Eligible Expenses:

  • Agency and placement fees
  • Legal fees and court costs
  • Required medical expenses for the child prior to adoption (including immunizations)
  • Immigration fees
  • Translation services
  • Transportation and lodging expenses

The following expenses are not eligible:

  • Medical examination fees for the adopting parents
  • Cost of personal items such as clothing and food for either the parents or the child
  • Expenses incurred prior to eligibility for the program.

31.7.4 To receive adoption assistance a Bargaining Unit Member must fill out an application for adoption assistance and turn it in to the Department of Human Resources. (Adoption benefits may carry tax implications so Bargaining Unit Members are encouraged to consult their tax advisor.)

31.6.4 Members may apply to their dean for support to maintain their laboratory operations or other ongoing professional commitments during the year following the birth or adoption of a child under six.

31.6.5 4 Additional provisions in this Agreement to assist parents of newborn or newly adopted children include--

  • sick leave and FMLA (Article 28 and Sections 30.1-30.2.5),
  • unpaid child care leave (Sections 30.3-30.3.3), and
  • partial unpaid leave (Section 30.8), and.
  • probationary period extensions (13.5.4 and subsections).

31.7 Adoption Assistance.

31.7.1 The university will reimburse Bargaining Unit Faculty Members up to $4,000 per child for eligible adoption related expenses upon placement of a minor child in the Memberís home. If two adopting parents of the same adopted child are both eligible for adoption assistance, the total maximum benefit amount for that adoption is $4,000.

31.7.2 Eligible adoptions:

  • Adopted children must be under the age of 18.
  • The children may be biologically related to either parent.
  • Adoptions made through public, private, domestic, international, and independent means are eligible.

31.7.3 Eligible Expenses:

  • Agency and placement fees
  • Legal fees and court costs
  • Required medical expenses for the child prior to adoption (including immunizations)
  • Immigration fees
  • Translation services
  • Transportation and lodging expenses

The following expenses are not eligible:

  • Medical examination fees for the adopting parents
  • Cost of personal items such as clothing and food for either the parents or the child
  • Expenses incurred prior to eligibility for the program.

31.7.4 To receive adoption assistance a Bargaining Unit Member must fill out an application for adoption assistance and turn it in to the Department of Human Resources. (Adoption benefits may carry tax implications so Bargaining Unit Members are encouraged to consult their tax advisor.)

Status of Negotiations about the Above Article

August 10, 2013 Update

The parties reached tentative agreement on this article, and they initialed the TA'd article on July 30, 2013.

April 22, 2013

The parties examined the administration's counterproposal of April 15, shown in the right-hand column of the table above.

In section 31.4, the administration's proposal simply deletes references to years that are now past.

Regarding section 31.5, our team objected to the language proposed by the administration, stating that one might read it as implying that the administration can unilaterally implement a wellness plan. The administration responded by offering to delete 31.5 (and to renumber the following subsections suitably), and our team agreed. The parties also agreed on additional minor changes in wording in those subsections.

In section 31.6.1, the administration changed the numbers in the "odd number of classes" example, presumably due to higher course loads typically carried by NTE faculty.

Our team pointed out that the reference in section 31.6.2 to average annual evaluation scores should be deleted, since the administration's proposal for Annual Evaluation (Article 11) entails no numerical scores. The administration agreed. Likewise in section 31.6.5 (renumbered 31.6.4 in the administration counterproposal), the reference to partial unpaid leave should be deleted since the administration's proposal for Leaves (Article 30) makes no provision for that benefit. The administration argued, however, that parental teaching relief, which it does propose, offers a more substantial benefit to NTE faculty than it does to TET faculty, since teaching constitutes a larger share of a typical NTE BUFM's workload.

Referring to the NTE BUFMs who are visiting faculty of professorial rank, a member of the administration's negotiating team asked about the administration's proposal to strike the laboratory provision in section 31.6.4.

March 18, 2013

Referring to our proposal in the left-hand column of the table above, our team reported that we had intended to insert "NTE" as needed into the corresponding article from the current CBA for tenure-eligible and tenured (TET) faculty, but that we missed a few spots!

We also noted that there was an issue regarding parking rights on the Dayton campus for faculty appointed at the Lake Campus, some of whom need to visit the Dayton campus on university business (e.g., Faculty Senate, University Promotion and Tenure Committee).

The administration noted that in section 31.4 , the parties could delete the reference to 2012.

On a matter of greater substance, in section 31.5, the administration stated that it believes itself to have initiated a wellness program; it stated (and we agreed) that AAUP-WSU believes otherwise. Our team elaborated: we asked the administration to negotiate a wellness program with us, which it well understood; this matter is a mandatory topic of negotiations; we would need to agree on a wellness program with the administration, and only then would the provisions of 31.5.2 apply. The administration stated that a wellness program is likely to be introduced in phases; we replied that we could agree (in negotiating about a wellness program) to a phased-in program.


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