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CBA Negotiations

Wright State University Chapter

American Association of University Professors

MOU? CBA? RCM? NTE? TET?

What are all these acronyms? See this guide.

Negotiations toward successor CBAs for both Bargaining Units began on Monday, February 10. Negotiations are scheduled for Mondays and Wednesdays and are expected to continue until full agreement is reached. Below, you will find a roster of the AAUP-WSU negotiating team; brief reports about each negotiation session; and an article-by-article summary table with links to detailed information about each individual article that either party proposes to include in the CBA.

All RCMs are invited and in fact encouraged to contact members of our negotiating team, Chapter Council, or Executive Committee about any issue pertaining to negotiations.

 

AAUP-WSU Negotiating Team

In these negotiations, AAUP-WSU is represented by the following team.

Name e-mail address phone
Rudy Fichtenbaum, Chief Negotiator rudy.fichtenbaum@wright.edu (937) 775-3085 [office]
Marty Kich martin.kich@wright.edu (419) 303-4619 [cell]
Sarah McGinley sarah.mcginley@wright.edu (937) 775-3057 [office]
Bobby Rubin robert.rubin@wright.edu (937) 775-3756 [office]
Stephanie Triplett stephanie.triplett@wright.edu (937) 775-4516 [office]
Jim Vance jimvance.wsu@gmail.com (937) 775-2206 [office]

The administration's counterpart of our Chief Negotiator Dr. Rudy Fichtenbaum is Dr. Bill Rickert.

Session-by-Session Reports

July 11, 2014

Following negotiations on July 9 and 11, the parties reached tentative agreement on all unresolved issues. Here is an announcement we distributed to all RCMs:

AAUP-WSU and the administration have reached a Tentative Agreement for new collective bargaining agreements (CBAs) for both bargaining units. The AAUP-WSU Executive Committee unanimously voted to recommend that both the NTE and TET regular chapter members (RCMs) approve these respective agreements. Soon, we will be sending you a copy of the Tentative Agreement for your bargaining unit for a ratification vote. Each RCM who is an NTE bargaining unit member will be entitled to vote on the Tentative Agreement for NTE bargaining unit faculty, and each RCM who is a TET bargaining unit member will be entitled to vote on the Tentative Agreement for TET bargaining unit faculty.

The following provisions apply to both NTE and TET faculty: 

  1. 3% across the board (ATB) raise for 2014-15. (The CBAs will segregate the 3% into 1% for STRS and 2% ATB).
  2. 3.5% raise for 2015-16 (1.5% ATB, 1% merit, and 1% for market adjustments). The distribution of market adjustments must be mutually agreed upon by the AAUP-WSU and the administration; any funds not agreed upon or otherwise not distributed for market adjustments will be distributed as follows:  25% ATB and 75% added to merit pools.
  3. 3.25% raise for 2016-17 (1.5% ATB, 1% merit and 0.75% for market adjustments). The distribution of market adjustments must be mutually agreed upon by the AAUP-WSU and the administration; any funds not agreed upon or otherwise not distributed for market adjustments will be added to merit pools.
  4. Minimum salaries and minimum overload rates will go up 3.25% a year.
  5. Bargaining Unit Faculty will have the choices of the same health plans that are currently available to other employees:  a 90/10 PPO that takes the place of the HMO, an 80/20 PPO that takes the place of our current PPO, and the HDHP with an HSA. The one change to these health plans that we agreed to was a $250 (individual)/$500 (family) increase in maximum out of pocket limits above what is currently listed on the HR website for other employees to cover the cost of drugs. Under our current health care plan, there is no out-of-pocket limit on drugs. Also, out-of-pocket limits applied only to medical care and did not include co-pays. The Affordable Care Act requires that all health plans count all co-pays and all expenditures for drugs toward the maximum out-of-pocket limits . If you currently are on the PPO, your maximum out-of-pocket (in network) is now $1,250/$2,500, where asunder the new 80/20 PPO it be $1,750/$3,500. Thus, a family spending $1,000 annually for drugs (or an individual spending $500) will have the same effective out-of-pocket limits.
  6. If you check into a network hospital and are subsequently charged for out-of-network services -- e.g., your surgeon is in-network but the hospital contracts with out-of-net radiologists -- the University will reimburse you so that you pay as if all services were in-network.
  7. Dental:  We will get a $250 increase in the annual maximum coverage and a $500 increase in the maximum orthodontic coverage.
  8. Health care premiums for medical coverage in 2015 will be 4% higher than 2014 premiums for non-represented employees with single coverage, 5% higher than 2014 premiums for non-represented employees with employee plus one coverage, and 6% higher than 2014 premiums for non-represented employees with employee plus family coverage. These percentage increases will apply to all three plans:  the 90/10 PPO, the 80/20 PPO, and the HDHP with HSA. Premiums for dental and vision coverage will increase 5% in 2015, 2016 and 2017. However, there will still be only one single premium charged for medical, dental and vision coverage for all bargaining unit faculty. The overall result is about a 5.5% increase above what non-represented employees are paying in 2014.
  9. In 2016 and 2017 premiums will go up 4% for single coverage, 5% for employee plus one, and 6% for employee plus family for medical coverage, and 5% for dental and vision coverage, but there will still be one premium for medical, dental and vision coverage combined. Again, the combined effect of these increases will be about a 5.5% increase in health care premiums for bargaining unit faculty.

For TET faculty: 

  1. Health care premiums for TET faculty will be on a sliding scale with charges determined by your base salary. NTE faculty have been paying on this sliding scale. Moving the TET faculty to a sliding scale will generally result in premium reductions in 2015 for most bargaining unit faculty who earn less than $100,000 a year. Moving to this sliding scale, with the premium increases above, will result in roughly a 2.3% decline in overall health premiums paid by TET bargaining unit faculty. (This assumes that everyone now in the HMO program enrolls in the 90/10 PPO, everyone now in the PPO enrolls in the 80/20 PPO, and everyone in the HDHP plan remains in that plan.)
  2. Professional development funds will increase from $900 per year to $990 per year.
  3. The number of semesters of professional development leave will increase from 20% of the eligible faculty to 22% of the eligible faculty. So if there are 150 eligible faculty there will be 3 additional semesters of PDL available. Also, each college will be guaranteed a minimum of 2 semesters.
  4. New Annual Evaluation system:  Criteria for teaching and service will be the same across all departments, and these criteria will be in the CBA. Criteria for evaluating scholarship will remain in departmental bylaws. Each spring, one’s teaching and service will be evaluated on a scale of 0 to 3 for the three previous calendar years. Scholarship for the previous calendar year will be evaluated according to criteria in departmental bylaws (a 0 to 4 scale); one’s annual evaluation scores in scholarship for the three previous calendar years will be averaged, and then this average will be converted to a 1 to 3 scale. There will be new ranges of weights; these too will be in the CBA and will supersede any language on weights now in bylaws.  Using the range of weights appropriate for your workload assignment, each faculty member’s overall score for teaching, scholarship, and service will be maximized. These overall scores will determine merit pool allocations using the same formula we have used since our first collective bargaining agreement.

For NTE faculty: 

  1. Beginning in the summer of 2016, NTE faculty will have the right to teach up to six semester hours every summer when the University schedules classes in their department that they are qualified to teach or other classes in their college that they have taught within the last 5 years. This provides NTE faculty with the same rights as the TET faculty with respect to summer teaching opportunities.
  2. NTE faculty will have the same voting rights with respect to department and college bylaws as TET faculty, except in areas involving annual evaluation for TET faculty and promotion and tenure for TET faculty.
  3. Each NTE faculty member will be entitled to apply for Pedagogical Development Course Releases (PDCRs) after completing seven academic years of service as a full-time faculty member at Wright State with at least two years in a continuing employment position. An applicant may apply for one or two course releases. PDCRs will be available every eight years. Ten PDCRs will be available university-wide.
  4. Professional development funds for NTE faculty will increase from $500 to $550 in 2016-17.
  5. New Annual Evaluation system:  Criteria for teaching and service will be the same across all departments, and these criteria will be in the CBA. Each spring semester, one’s teaching and service for the previous three calendar years will be evaluated on a scale of 0 to 3. There will be ranges of weights specified in the CBA. Using the range of weights appropriate for your workload assignment, each faculty member’s overall score (i.e., composite score for both teaching and service) will be maximized. These overall scores will determine merit allocations using the same formula that is in the TET CBA. Merit pools for NTE faculty will be at the College level.

June 27, 2014

The entire negotiation session was off-the-record.

The next negotiations are set for Wednesday, July 9 and Friday, July 11, after which we hope to be able to offer a substantial report.

 

June 26, 2014

This session was devoted to Article 21 (Distance Learning), on which our team presented a counter based on the administration's offering of June 20.

 

June 24, 2014

This session opened with the parties TAing (coming to tentative agreement on) the following articles: 12 (Student Evaluation of Learning and Teaching), 13 for the TET faculty (Promotion and Tenure), 29 for the NTE faculty (Pedagogical Development Leave), 7 [two versions, one for NTE and one for TET] (Faculty Rights & Responsibilities), and 31 (Other Benefits).

We received administration counterproposals for the key economic articles, 23 (Compensation) and 26 (Medical, Dental and Vision Insurance).

 

June 20, 2014

Our negotiating team put forward counterproposals for Articles 23 (Compensation) and 26 (Medical, Dental and Vision Insurance); these featured somewhat lower compensation increases and accepted the medical plans now available to other employees.

In addition, brief discussions about Articles 7 (Faculty Rights & Responsibilities), 31 (Other Benefits), 12 (Student Evaluation of Learning and Teaching), 13 (Appointment and Promotion (NTE) / Promotion and Tenure (TET)), and 29 (Pedagogical Development Leave for the NTE CBA, and Professional Development Leave for the TET CBA) confirmed that the parties should be able to TA (come to tentative agreement upon) each of these at the planned June 24 session.

Finally, the administration submitted a major counterproposal for Article 21 (Distance Learning) that the parties discussed at length.

 

May 30, 2014

At this session, the administration put forth counteroffers on the two major economic articles, 23 (Compensation) and 26 (Medical, Dental and Vision Insurance). Our negotiating team submitted revised proposals for Article 7 (Faculty Rights & Responsibilities), one for the NTE CBA and one for the TET. The parties TA'd (came to tentative agreement upon, and initialed) Article 10 (Faculty Involvement in Governance). The administration likewise submitted a revised 13 (Promotion and Tenure (TET)) in a form very close to final, 18 (Institutional Environment), and 29 (Pedagogical Development Leave (for the NTE CBA)). Finally, the parties discussed their differences on Article 21 (Distance Learning).

 

May 23, 2014

After a hiatus of several weeks due to scheduling conflicts, the parties resumed negotiations on May 23. They dealt with Articles 5 (Academic Freedom and Professional Responsibilities, coming to tentative agreement on this one), 7 (Faculty Rights & Responsibilities), 10 (Faculty Involvement in Governance), 11 (Annual Evaluation), 12 (Student Evaluation of Learning and Teaching), and 13 (Appointment and Promotion (NTE) / Promotion and Tenure (TET)). To our negotiating team's surprise, the administration did not present a counteroffer on Article 26 (Medical, Dental and Vision Insurance). One was promised for May 30.

 

April 30, 2014

The parties TA'd (came to tentative agreement upon, and initialed) Articles 28 (Vacation & Sick Leave), 9 (Academic Calendar), 8 (AAUP-WSU Rights), and 16 (Grievance and Arbitration).

 

April 28, 2014

At this session, the administration put forward proposals for Articles 25 (Additional Compensation), 28 (Vacation & Sick Leave), and 29 (Professional Development Leave (for the TET CBA)), and AAUP-WSU offered a counter on Article 26 (Medical, Dental and Vision Insurance).

Because the parties have come to an agreement, essentially, on Article 28 (Vacation & Sick Leave), they also have settled a related issue in Article 9 (Academic Calendar).

 

April 23, 2014

Our negotiating team, reacting to the administration's highly unacceptable proposal for Article 26 (Medical, Dental and Vision Insurance), had canceled the negotiating session for Monday, April 21. We opened the session of April 23 with an extended evaluation of that proposal and the context in which it was made.

We told the administration that their proposal article 26 -- featuring both plan design changes (i.e., worsened medical benefits) and sharp increases in monthly premium contributions paid by faculty -- were equivalent to a 0.78% pay decrease in year one of the three years to be covered by the new CBAs, a 1.52% decrease in year two, and a 1.82% decrease in year three. We explained that our calculations were based upon data provided by Horan (the consultant hired by the administration regarding health benefits).

Contribution Rates
Effective
Member
Employer
July 1, 2013
11%
14%
July 1, 2014
12%
14%
July 1, 2015
13%
14%
July 1, 2016
14%
14%

But we also noted that BUFMs will suffer additional real pay losses due to required retirement contributions (see table to the right; three three forthcoming 1% increases will make BUFMs pay 14% of salary to retirement plans) and further losses in buying power, even with rather modest inflation expectations (1.5% per year over the three years to be covered by the new CBAs). The combined effect of all these hits -- health care, retirement, and inflation -- together with the modest pay increases the administration proposed in Article 23 (Compensation) would give BUFMs a net pay cut of 1.8% in year one, a further pay cut of 2.0% in year two, and another cut of 1.8% in year three.

We reminded the administration that over the three years covered by the current TET CBA, we have gotten a grand total of 1% in raises, not nearly enough to stay even with inflation.

We further reminded the administration of certain key features of the WSU budget proposal for the fiscal year 2014-15 (the year starting July 1, 2014) that it presented to the WSU Board of Trustees April 17, 2014:

  1. The proposed budget includes $3.1 million more in salaries and wages, WSU-wide, over the budget the administration adopted for the current (2013-14) fiscal year.
  2. The proposed budget calls for $3.1 million less to be spent on employee benefits.
  3. Since every additional dollar spent on salaries and wages, pursuant to item 1 above, will require the administration to spend $0.14 more in retirement system payment (the administration pays 14% of salary into the retirement systems), the actual cuts to employee benefits, pursuant to item 2, will actually have to be about 114% of $3.1 million, or $3.5 million. Further, the only available means to make substantial cuts in expenditures on benefits is in health care benefits. Thus, the proposed budget must indeed be based on very severe cuts in health benefits the administration anticipates.
  4. The proposed budget includes $8 for "strategic investments":
    • $1 million in unspecified strategic investments
    • $1.25 million for "student success initiatives"
    • $2.7 million for technology
    • $1 million for capital needs
    • $2 million for "marketing/branding"

    Regarding $2 million for "marketing/branding", we suggested that the brand / identity the administration could develop could be "Wright State, where the people who teach our students come last!"

  5. The proposed budget includes an $8 million subsidy for intercollegiate athletics. Regarding this item, we noted that only one-third of the athletics budget goes to scholarships, and that last year, the Ohio Auditor of State web site shows that WSU's intercollegiate athletics over-ran its already subsidized budget by $0.75 million. Only a bit sarcastically, we noted that a dean who overspent her or his budget on that scale would quickly become a former dean.
  6. The proposed budget includes a $1.3 million subsidy to the Nutter Center.
  7. The proposed budget includes a $3.2 million subsidy to the Student Union.
Thus, we conclude that the administration has a great deal of money available, much of which is targeted for priorities that should definitely be lower than negotiating a reasonable package of salary and benefits with our union.

The session concluded with an extended discussion of 11 (Annual Evaluation).

 

April 16, 2014

The parties began this session by TAing Article 15 (Termination and Unpaid Suspension) for the TET CBA. They then discussed Articles 20 (Intellectual Property), 21 (Distance Learning), and 31 (Other Benefits), viewing new versions submitted by the administration. The parties detected a miscommunication: AAUP-WSU proposals for Article 18 (Institutional Environment) that had not been transmitted electronically to the administration. Last, the administration presented its counterproposals on the two key economic articles, 23 (Compensation) and 26 (Medical, Dental and Vision Insurance). The latter counterproposal is highly unacceptable.

 

April 14, 2014

The parties TA'd Article 15 (Termination of Appointment or Suspension without Pay [NTE CBA]).They discussed Article 14 (Discipline), 16 (Grievance and Arbitration), and 38 (Agreement Duration), TAing a version of the latter article for both the NTE and TET CBAs. They finished the session working on Article 31 (Other Benefits).

 

April 9, 2014

At this session, the parties reached tentative agreement on Article 2 (Recognition). Our team submitted a counterproposal on Articles 5 (Academic Freedom and Professional Responsibilities) and 7 (Faculty Rights & Responsibilities). The parties also negotiated regarding previous proposals on Articles 8 (AAUP-WSU Rights) and 10 (Faculty Involvement in Governance).

 

April 2, 2014 -- negotiations about economic articles begin

As had been previously agreed, our negotiating team submitted proposals for Articles 23 (Compensation), 24 (Minimum Salaries), and 26 (Medical, Dental and Vision Insurance); and the administration likewise submitted 31 (Other Benefits).

 

March 31, 2014

The administration put forth another proposal for Article 7 (Faculty Rights & Responsibilities). Our negotiating team submitted proposals for articles 8 (AAUP-WSU Rights) and 25 (Additional Compensation).

 

March 26, 2014

The administration submitted two versions of Article 17 (Retrenchment), one for the NTE CBA and one for the TET, and also Article 19 (Workload), and the parties tentatively agreed to (TA'd) them.

The administration also put forth suggested language for parts of Articles 11 (Annual Evaluation), 13 (Promotion and Tenure (TET)), and 16 (Grievance and Arbitration).

Then, the two negotiating teams turned to Article 12 (Student Evaluation of Learning and Teaching), continuing the discussion of March 19.

Regarding Article 11 (Annual Evaluation), our team stated that we will not offer a comprehensive counter to the administration's complete proposal until we see how much merit raise money the administration is willing to offer.

Regarding our proposal for Article 21 (Distance Learning), the administration stated that it had been gathering responses from chairs and deans, and that it is close to being ready to make a counterproposal.

Finally, as to the economic articles (e.g., 23 (Compensation), 24 (Minimum Salaries), 26 (Medical, Dental and Vision Insurance), and 31 (Other Benefits), it was agreed that AAUP-WSU would be first to submit proposals for 23, 24, and 26, and the administration would go first on 31.

 

March 19, 2014

This session was devoted to Articles 16 (Grievance and Arbitration), 17 (Retrenchment), and 28 (Vacation & Sick Leave). The parties also revisited the issue of student teaching evaluations, and in particular the possibility that questions calling for numerical answers would be removed, and students would be provided with an incentive to fill out the evaluations. Our team reported that we were in favor of this plan (provided the incentive would be in the form of a carrot, not a stick), and the administration reported mixed reactions from deans and chairs.

 

March 17, 2014

At this session, the parities engaged in a lengthy discussion of the the administration's proposal for 13 (Promotion and Tenure (TET)). They also covered new proposals from the administration for Articles 16 (Grievance and Arbitration) and 17 (Retrenchment).

 

March 12, 2014

At this session, the parties discussed the administration's March 10 proposals for Articles 7 (Faculty Rights & Responsibilities), 8 (AAUP-WSU Rights), 16 (Grievance and Arbitration), and 17 (Retrenchment).

 

March 10, 2014

At this session, the parties exchanged proposals for Article 8 (AAUP-WSU Rights). Our team presented a counterproposal on Article 21 (Distance Learning) and a new proposal for Article 20 (Intellectual Property).

The administration put forth proposals for Articles 7 (Faculty Rights & Responsibilities), 13 (Appointment and Promotion (NTE) / Promotion and Tenure (TET)), 16 (Grievance and Arbitration), 17 (Retrenchment), and 28 (Vacation & Sick Leave), and also a proposal for Appendix F (Side Letter on Compensation for Distance Learning), but these came as time ran out, so no discussions of these took place.

 

March 5, 2014

At this session, the parties TA'd (tentatively agreed to) Article 3, Non-Discrimination, the administration version of February 24. Our team distributed proposals for Article 29 (Pedagogical Development Leave) -- a new article to be added to the NTE CBA, paired with the existing Article 29 (Professional Development Leave) already in the TET CBA -- and for Article 38 (Agreement Duration).

The administration put forth proposals for Articles 2 (Recognition), 12 (Student Evaluation of Learning and Teaching), 15 (Termination of Appointment or Suspension without Pay [NTE CBA]), and 21 (Distance Learning).

 

February 26, 2014

The administration submitted a complete proposal for Article 11 (Annual Evaluation), dated February 26. (Our team will not offer a comprehensive reply until we see how much the administration offers in merit raises.)

 

February 24, 2014

The administration submitted a proposal for Article 25 (Additional Compensation).

 

February 17, 2014

At this session the parties discussed articles 9 (Academic Calendar), 7 (Faculty Rights & Responsibilities), 3 (Non-Discrimination), 10 (Faculty Involvement in Governance), 14 (Discipline), and 29 (Professional Development Leave).

They also discussed Article 12 (Student Evaluation of Learning and Teaching).

 

February 12, 2014

At this session, the parties began by adopting the following Ground Rules; they differ from those we proposed on February 10 in exactly two ways. In item 4, the date by which the parties will exchange lists of articles was moved up to February 17; and the sentence "The other team will be advised of changes in advance." was deleted from item 5, as had been agreed to on February 10.

Ground Rules (adopted Feb. 14)

  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. In addition, neither party is obligated to discuss changes received less than 72 hours in advance of the session, as set forth in paragraph 4.
  4. Document Exchange – February 17, 2014 both parties will exchange a list of articles and appendixes that they modify in, delete from, or add to either existing CBA. Each article or appendix will be categorized as either non-economic or economic. Should the two parties characterize an existing article or appendix differently (i.e., one characterizes an article or appendix as economic and the other characterizes the article or appendix as non-economic) then such article or appendix will be regarded as economic for purposes of paragraph 4. Proposals for non-economic articles and appendixes will be exchanged on March 10, 2014. Proposals for economic articles and appendixes will be exchanged on April 2, 2014. Changes or additions to appendixes that are called for as a result of these negotiations need not be exchanged by the dates in paragraph 4. Counter proposals will be in writing and, whenever possible, exchanged 72 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. Exchange of proposals and counter proposals will be done electronically between chief negotiators. Electronic files will be segregated by article; that is a single data file will contain only one CBA article or appendix. 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. 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 -- Once both parties have reached agreement on all language in an article or appendix, that tentative agreement will be confirmed at the table in writing by having each chief negotiator initial a copy of the article or appendix. All such 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 parties agree that these meetings shall be used to negotiate contracts for both the NTE and TET Bargaining Units.

The administration then gave our negotiating team a counterproposal for Article 5, "Academic Freedom and Professional Responsibilities." In this counter, the administration restored language about "appropriate restraint" that we had deleted from the current CBA language, and it also modified language in such a way that identical text could be used in both the NTE and TET CBAs.

The administration also put forward a proposal for Article 18, "Institutional Environment", whose substance is to add the Office of Disability Services to the units for which the Academic Services Committee has responsibility. We accepted this proposal and stated that later, we will propose additional changes to this article.

Our negotiating team then put forward proposals for Articles 11 (Annual Evaluation), 28 (Vacation & Sick Leave), 16 (Grievance and Arbitration), 13 from the TET CBA (Promotion and Tenure), and 7 (Faculty Rights & Responsibilities). The parties discussed each of these except the last.

In Article 11, we proposed relatively minor changes, one to clarify the raise eligibility of BUFMs who begin at WSU at the beginning of a Spring Semester, the other to prohibit the administration from asking BUFMs to sign their annual evaluations unless their doing so clearly only acknowledges receipt of the evaluation, as opposed to agreement to it.

In Article 28, we proposed to allow BUFMs with fiscal year appointments to have extra vacation days when the University closes between Christmas and New Year's.

In Article 16, we proposed to clarify the timeline when a grievant asks that a grievance be taken to arbitration.

In Article 13, our substantive proposals pertained only to the TET CBA; they will simply require a certain ordering of the materials in a candidate's P&T Document and P&T File.

To close the session, the administration gave our team a proposal regarding Article 9 (Academic Calendar) that would automatically reschedule final exams that occur on days when (e.g.) the University closes due to bad weather.

 

February 10, 2014

At this preliminary meeting, the parties discussed the Ground Rules -- which are simply a written agreement to govern the negotiations themselves -- and expect to have finalized them very soon. Our team proposed the following. With a few exceptions -- the deadlines listed in item 4, and a new item 15 to explicitly acknowledge that the parties are negotiating simultaneously two CBAs, one for the NTE faculty and one for the TET -- these Grounds Rules are nearly identical to those used during negotiations for our current CBAs.

  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. In addition, neither party is obligated to discuss changes received less than 72 hours in advance of the session, as set forth in paragraph 4.
  4. Document Exchange – February 19, 2014 both parties will exchange a list of articles and appendixes that they modify in, delete from, or add to either existing CBA. Each article or appendix will be categorized as either non-economic or economic. Should the two parties characterize an existing article or appendix differently (i.e., one characterizes an article or appendix as economic and the other characterizes the article or appendix as non-economic) then such article or appendix will be regarded as economic for purposes of paragraph 4. Proposals for non-economic articles and appendixes will be exchanged on March 10, 2014. Proposals for economic articles and appendixes will be exchanged on April 2, 2014. Changes or additions to appendixes that are called for as a result of these negotiations need not be exchanged by the dates in paragraph 4. Counter proposals will be in writing and, whenever possible, exchanged 72 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. Exchange of proposals and counter proposals will be done electronically between chief negotiators. Electronic files will be segregated by article; that is a single data file will contain only one CBA article or appendix. 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 -- Once both parties have reached agreement on all language in an article or appendix, that tentative agreement will be confirmed at the table in writing by having each chief negotiator initial a copy of the article or appendix. All such 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 parties agree that these meetings shall be used to negotiate contracts for both the NTE and TET Bargaining Units.

The administration responded that it would need to consider whether the April 2 date in item 4 would be satisfactory, and it requested that the parties delete the sentence "The other team will be advised of changes in advance." from item 5, and our team agreed. (The administration explained that its team members, three of whom are Deans, might sometimes need to send alternates.)

Our team then distributed a proposal for Article 5, "Academic Freedom and Professional Responsibilities." As our team explained, the changes we proposed were meant to distinguish between a faculty member's obligation to respect another person without being obligated to respect the other's views.

 

 

Article-by-Article Summary Table

Article Number Title Remarks Status
2 Recognition Changes proposed by administration on March 5 TA'd
3 Non-Discrimination Changes proposed by administration on February 17 TA'd
5 Academic Freedom and Professional Responsibilities Changes proposed by AAUP-WSU on February 10 TA'd
7 Faculty Rights & Responsibilities Changes proposed by AAUP-WSU on February 12 and by the administration on March 10 TA'd NTE; TA'd TET
8 AAUP-WSU Rights Changes proposed by AAUP-WSU and the administration on March 10 TA'd
9 Academic Calendar Changes proposed by administration on February 12 TA'd
10 Faculty Involvement in Governance Changes proposed by administration on February 17 TA'd
11 Annual Evaluation Changes proposed by AAUP-WSU on February 12  
12 Student Evaluation of Learning and Teaching Changes proposed by administration on March 5 TA'd NTE; TA'd TET
13 Appointment and Promotion (NTE) / Promotion and Tenure (TET) Changes to the TET article proposed by AAUP-WSU on February 12; changes proposed by the administration on March 10 TA'd TET; no changes will be made in NTE version
14 Discipline Changes proposed by administration on February 17  
15 (NTE) Termination of Appointment or Suspension without Pay (for the NTE CBA) Changes proposed by administration on March 5 TA'd
15 (TET) Termination and Unpaid Suspension (for the TET CBA) TA'd on April 16 following work done in the context of Article 15 (Termination of Appointment or Suspension without Pay (for the NTE CBA)) TA'd
16 Grievance and Arbitration Changes proposed by AAUP-WSU on February 12 and by the administration on March 10 TA'd NTE; TA'd TET
17 Retrenchment Changes proposed by the administration on March 10 TA'd NTE; TA'd TET
18 Institutional Environment Changes proposed by administration on February 12; additional changes will be proposed by AAUP-WSU  
19 Workload Changes proposed by administration on March 26 TA'd
20 Intellectual Property Changes proposed by AAUP-WSU on March 10  
21 Distance Learning Changes proposed by administration on March 5 and by AAUP-WSU on March 10  
23 Compensation Changes proposed by AAUP-WSU on April 2  
24 Minimum Salaries Changes proposed by AAUP-WSU on April 2  
25 Additional Compensation Changes proposed by administration on February 24, counter by AAUP-WSU on March 31  
26 Medical, Dental and Vision Insurance Changes proposed by AAUP-WSU on April 2  
28 Vacation & Sick Leave Changes proposed by AAUP-WSU on February 12 and by the administration on March 10 TA'd
29 (TET) Professional Development Leave (for the TET CBA) Changes proposed by administration on February 17  
29 (NTE) Pedagogical Development Leave (for the NTE CBA) New article proposed by AAUP-WSU on March 5 TA'd
31 Other Benefits Changes proposed by administration on April 2 TA'd
38 Agreement Duration Changes proposed by AAUP-WSU on March 5 TA'd
Appendix F Side Letter on Compensation for Distance Learning Changes proposed by administration on March 10  

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This page was last modified on Tuesday, July 15, 2014. Corrections, comments, and suggestions are most welcome. Contact the webmaster for this page (Jim Vance) at jimvance.wsu@gmail.com, telephone 937-775-2206. To contact the chapter, please see our Staff, Officers, and Committees page.