Negotiations with the district break down : AdFac to file for impasse

Your AdFac negotiations team met with the district on June 27, 2017, at district headquarters in Anaheim. Negotiations had been moving slowly forward prior to this, but once AdFac began talking about re-employment rights (under the new state law), the district began dragging their feet. The district claims that our present Article 6 (with “preferred consideration”) satisfies the entirety of the new state law. AdFac pointed out that the law requires “policies” for termination, which is not at all addressed in our old Article 6 (except where it says “this does not create any guarantee, right, or entitlement of the Unit Member to assignment or employment” in 6.3.5). The district insists this is a re-employment right under the state law! That is, according to the district, there is no re-employment right. Your negotiation team finds this completely unacceptable.

During the previous meeting on June 19, 2017, the district introduced their “revised” proposal on Re-Employment Rights, which they presented after forcing the union team to wait in the conference room for 52 minutes before the district showed up. (This pattern of the district being regularly tardy by 15 to 30 minutes shows disrespect for members of our team who were volunteering their time from other summer jobs in order to be there.) The district’s revised proposal on re-employment rights was a disaster: They made at least 10 different aspects of their prior proposal more difficult, including adding more time before you reach “preferred consideration” status, lowering the number of courses you have “preferred consideration” for, and adding at least 9 different new ways you could lose your “preferred” status, all the while not addressing the termination-of-employment issue. But to show their largesse, the district did go through Article 6 and changed all references to “preferred consideration” to “Re-Employment Preference.” AdFac considers the proposal to be regressive bargaining, which is illegal under state law, making the district guilty of “bad faith” bargaining. The union will be filing a complaint on this issue with the Public Employment Relations Board.

Your negotiations team indicated to the district that the union will NOT accept this regressive proposal. Your team strongly believes our part-time faculty deserve REAL re-employment rights: If you are doing a good job (no bad evaluations) and the work is there, you should be re-hired. The union continues to insist that one test of whether or not you have real re-hire rights is that you cannot be fired for minor transgressions of district rules such as, a department chair emailing part-time faculty the Sunday before the semester began, that if your syllabus is not in to the chair before the first day of classes the next Monday, you wouldn’t be re-hired. Obviously, this does NOT mean you may ignore the paperwork requirements of your job – but the district needs to be reasonable about what constitutes a fire-able offense. Part-time faculty, after years of service to the district, deserve the respect of reasonable policies for termination.

So AdFac will be filing impasse papers with the state. Next comes the appointment of a mediator to try to get us to resolve the open issues. Then finally union and district would go before a factfinder. In the meantime, all aspects of the negotiations are held in abeyance until final settlement. These processes will take months, but your team believes that part-time faculty need to make a strong stand on principle. Together we can overcome!

Your Negotiations Team trying to make your life better