Update on administration’s attempt to destroy the “preferred consideration” system for assignment of classes by seniority:
On December 8, 2017, AdFac and the district were to appear before an arbitrator to decide what Article 6 of our contract means. The union believes it means that if you are preferred consideration, you shall receive “priority” consideration (in seniority order) for your request for classes for the next semester/trimester. The administration is now claiming that this right is not subject to the grievance system of the contract. Thus, if a dean or chair did not assign classes by seniority order, the union would have no recourse. Not much of a right if its implementation is optional.
Three weeks prior to the arbitration hearing, the district informed the arbitrator that its star witness, former Vice Chancellor Jeff Horsley, now retired, would be on a cruise on December 8 and thus unavailable, even though, when this date was set up in October, the administration’s lawyers agreed to the December date. So the hearing is now set for the 9th of February. The union’s lawyer did manage to get the arbitrator to rule that the late cancellation fee would be paid completely by the district! (Usually all arbitration fees are split 50-50).
Thus, the administration continues to drag its feet on settling this issue.
Your AdFac Bargaining Team met with the district, under the auspices of a state- appointed mediator, on December 15. The session lasted from 9:30 in the morning until 6:30 in the evening! Kent Stevenson, Manjit Grewall, and Denny Konshak were there the entire time, with Tonya Cobb, Catherine Whitsett, and Pete Christenson participating at various times. The outcome: absolutely no progress. The administration remains adamant that part-time faculty do not deserve real re-hire rights and they persist in wanting to destroy the current “preferred consideration” seniority system by making it optional (that is, the Dean or Chair could assign classes by seniority or they could decide not to, their choice, and the union would have no way to enforce any compliance). Your team has rejected these administration positions and will continue to fight for YOU!
The next step in the process is to go to “fact finding” where a state-appointed factfinder takes testimony from both sides and determines the “facts” in a published report. Once the report is published (probably some time in Spring 2018), the union will need your help in lobbying North Orange’s Board of Trustees. Stay tuned!
On December 11, 2017, PERB filed a complaint against the district, claiming it had “failed and refused to meet and negotiate in good faith with” AdFac, largely based on the administration’s regressive bargaining – that is, when one side makes an offer, they can not “retreat” from that position, but must attempt to move closer to the other side. In this case, the administration had originally had, as one example, 2 ways to lose your “preferred consideration” assignment priority due to clerical miscues, but in a subsequent proposal upped that to 9 ways. AdFac informed the administration that these actions were regressive and then filed with PERB, who has confirmed that such actions would be illegal. Now the administration will get its day in court. In addition, the PERB complaint addressed the administration’s penchant for arriving late for pre-arranged negotiating sessions, noting “bargaining unit members arrived late on many occasions to negotiating sessions.” The worst occasion was when administration arrived 52 minutes late, as AdFac sat and waited. These actions “interfered with the rights of bargaining unit employees” and violates Government Code section 3543.5 (a) and (b) since it makes it difficult for AdFac to properly represent YOU.
As the semester or trimester winds down, your union reminds all adjunct faculty to contact the Employment Development Department of the State of California at 800/300-5616 as soon as you have administered your last final exam.
Tell them you have been laid off (unfortunately, you have, EVEN if your name is in the printed Fall class schedule since “your” class might not fill or a full-time faculty might take it to fill their basic load).
Tell the caseworker you want to apply for unemployment compensation. If you are not otherwise working, you should be able to draw checks every week until the semester/trimester begins. The caseworker will need the name and address of your employer/college district and may ask you, when you mention you are a teacher, if you have “reasonable assurance of continued employment.” The answer is NO. (Full-time teachers do, but part-time faculty do NOT.) And you are not “on recess” (for K-12 teachers only).
If necessary, mention the CERVISI decision (a community college part-time teacher who was denied unemployment, appealed and won). The decision is codified in EDD Field Directive 89-55UI (in case they give you a really hard time!) Of course, if the caseworker you initially talk to is obstreperous, you can always hang up, call back and start the process all over again with someone who is more knowledgeable.
Or apply online at www.edd.ca.gov/eapply4ui.