Suzanne — Thu, 01 Jan 1970 00:00:00 +0000

MEMORANDUM OF UNDERSTANDING

Pratt Institute and the United Federation of College Teachers, Local 1460 hereby agree to extend the existing collective bargaining agreement in full force and effect until and including August 31, 2011 with the changes set forth below.

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ARTICLE III

ACADEMIC FREEDOM AND RESPONSIBILITY

Replace Article III with the following:

3.1 Academic and professional freedom, creativity, and constructive dissent are essential to the functioning of the Institute as well as being a fundamental working condition. The Institute serves its community as an open intellectual forum where varying shades of opinion may be freely expressed and fairly debated.

3.2 Academic freedom shall include free discussion of material relevant to a course that a faculty member has been assigned to teach consistent with the published syllabus and established curriculum.

3.3 Faculty members are entitled to full freedom in research, creation of personal works and the publication of the results. The creation of these works is not to interfere with the satisfactory performance of responsibilities of the Institute.

3.4 Teachers are entitled to freedom in the classroom in discussing their subject, but they should not introduce into their teaching controversial matter that has no relation to their subject. Teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but this special position in the community imposes special obligations. As men and women of learning and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they at all times should be accurate, should exercise appropriate restraint, should show respect for the opinions of others and for the established policy of their institution, and when properly identifying themselves to outside audiences as associated with the Institute should clearly indicate that they are not institutional spokespeople unless specifically commissioned to serve in such a capacity.

3.5 Academic freedom is inseparable from professional responsibility and ethics.

Academic responsibility of the faculty shall include teaching effectiveness and professional competence.

3.6 Notwithstanding the foregoing, in those cases where a faculty member’s research or other work is sponsored through the Institute, the faculty member will not engage in conduct that is contrary to or inconsistent with any agreement between the Institute and the sponsoring entity.

ARTICLE IV

CHECK-OFF

Amend 4.1 to add “or an agency fee” following the word “dues.”

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ARTICLE VII

GRIEVANCE AND ARBITRATION

Replace 7.1 through 7.8 with the following:

7.1 The Administration and the Union agree that they will use their best efforts to encourage the informal and prompt settlement of grievances which may arise under the terms and conditions of this Agreement. In the informal settlement procedure, the employee and/or the Union shall present and discuss his or her grievance with his or her immediate supervisor. The process hereinafter set forth shall be used for the resolution of all grievances not settled informally.

7.2 A grievance is defined as a dispute arising between the parties concerning the interpretation, application, performance or termination of this Agreement or an alleged breach or violation thereof, or affecting the terms and conditions of employment of the members of the bargaining unit hereunder.

7.3 Only the Union may file a grievance.

7.4 Every employee or group of employees shall have the right to present grievances through the Union to the Administration free from interference, coercion, restraint, discrimination or reprisal.

7.5 Grievances and any decision rendered in connection therewith shall be in writing at each formal step of the grievance procedure. It shall be a fundamental responsibility of administrators having supervisory functions to carry out the purpose of these provisions

commensurate with the authority delegated to them.

7.6 In the event an administrator fails to communicate his or her decision to the Union within the time limit provided in Article 7.8, said failure shall be deemed a denial of the claim and the Union may proceed to the next step of the grievance process. In the event the grievance is deemed to be denied pursuant to the preceding sentence, the Union shall have fifteen (15) nonholiday work days from the date on which the administrator’s response was due to make the written submission or demand required to bring the matter to the next step of the grievance/arbitration process. The failure of the Union to appeal a decision to the next step within the time limit provided shall constitute a withdrawal of and shall bar further action on the grievance.

7.7 Hearings and conferences held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all interested parties to attend and have a fair and full opportunity to present any and all relevant information, evidence and testimony.

7.8 Formal Steps in the Grievance Procedure

Step 1. A grievance must be submitted in writing by the Union no later than twenty non-holiday work days after it has notice of the event constituting the alleged grievance. The grievance shall set forth the basis of the complaint or dispute and the remedy requested, and shall be filed by the Union with the employee’s immediate supervisor, be he or she a Chairperson, Coordinator, Area Head, etc. with copies to the appropriate Dean. The supervisor shall, within five non-holiday work days after receipt of the grievance, meet with the affected employee and a representative of the Union for the purpose of discussing the grievance, and shall, within five non-holiday work days after the grievance meeting, issue his or her decision with his or her reasons therefore in writing to the Union.

Step 2. If the grievance has not been settled in Step 1, then within ten nonholiday work days after receipt of the written decision of the supervisor, or the expiration of the time limit for making such decision, the Union may submit the grievance in writing to the appropriate Dean with a statement of why the decision of the supervisor is not satisfactory. The appropriate Dean shall meet with a representative of the Union within five non-holiday work days after receipt of the notice of appeal for the purpose of resolving the grievance.

Step 3. If the grievance is not resolved at that meeting, or within ten nonholiday work days thereafter, the Union may submit the grievance in writing to the President. Either the President or the Provost or their designee shall meet with a representative of the Union within five non-holiday work days thereafter for the purpose of discussing the grievance, and the President, Provost or their designee shall within five non-holiday work days after the grievance meeting issue his or her decision with the reasons therefore in writing to the grievant and the Union.

Step 4. Arbitration. If the grievance has not been settled at Step 3, then within ten non-holiday work days after receipt of the written decision of the President (or designee), the Union may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the President (or designee) and to the American Arbitration Association. An arbitrator shall be selected in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The Voluntary Labor Arbitration Rules shall apply to arbitration procedures. The arbitrator shall have the power and obligation to subpoena all records upon written demand of the grievant.

ARTICLE XIV

INSTITUTE FACILITIES

Amend 14.4 to increase the annual parking fee as follows:

2008-09 $150

2009-10 175

2010-11 200

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ARTICLE XVI

APPOINTMENTS, REAPPOINTMENTS, PROMOTIONS AND TENURE

Effective August 15, 2008, replace 16.5 with the following:

The following shall apply to full-time tenure track faculty:

– a faculty member’s first year shall be considered probationary

and he/she may be terminated at the discretion of the

Administration prior to the end of the Spring semester or

trimester (or the end of the Fall semester if the member begins

mid-year);

– following the first year, appointments shall normally be for

periods of two years;

– faculty will be formally reviewed for reappointment in the third

and fifth year and for tenure in the seventh year.

Section 16.6 shall not apply to full-time tenure track faculty.

The Institute’s right to terminate a full-time faculty member in his/her first year shall be absolute, shall prevail over any apparently inconsistent provision of this Agreement, and shall not be grievable or arbitrable.

Replace 16.7 with the following:

The decision not to reappoint on the basis of negative teaching evaluations must be communicated to the person affected in writing. Those holding full-time appointments in their first year of service must be notified by the end of the Spring semester or trimester (or the end of the Fall semester if the member begins mid-year). Non-tenured full-time faculty with two or more years of service shall be notified on or before May 31st that during the following academic year they shall be on terminal reappointment.

ARTICLE XIX

PERSONNEL FILES

Replace Article XIX with the following:

1. Faculty members shall be permitted to examine their Human Resources (“HR”) file during regularly scheduled work hours. The file may also be open to duly authorized personnel who are charged with responsibility in the areas of evaluation, promotion, tenure, and reappointment.

2. Faculty members shall be entitled to copy any materials in their HR file.

3. A copy of any derogatory or critical material pertaining to a faculty member’s conduct, service, character, or personality shall be forwarded to the faculty member when the material is placed into his/her HR file. Faculty members shall acknowledge that they have read such material by affixing their signature on the actual copy to be filed, with the understanding that such signature merely signifies that the material to be filed has been read and does not necessarily indicate agreement with its content. The faculty member shall have a right to place a response in the HR file.

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ARTICLE XX

WORKLOAD

Effective September 1, 2008, add the following to the end of 20.1:

Individual course shall not be given so-called “mixed” designations (M1, M2); and shall only be considered as one type of class (studio, lecture, lab, etc.).

Replace 20.2(e)(1) with the following:

(1) Work Week

(i) Librarians hired prior to January 1, 2008

Professional librarians shall have a thirty-five hour work week. The hours

worked shall be Monday through Friday (9 a.m. to 5 p.m.) in each week and may include duty on not more than one weekday evening (Monday through Thursday) for public service librarians who shall work from 1 p.m. to 9 p.m. on that workday. For the position of Evening and Weekend Librarian, the hours of work shall be Monday through Thursday, 3 p.m. to 11 p.m., and Sunday 11 a.m. to 6 p.m., or Monday through Friday, 9 a.m. to 4 p.m., if the Library is closed during the evening hours in the Summer sessions.

(ii) Librarians hired on or after January 1, 2008

Professional librarians shall have a thirty-five hour work week. The regular work

schedule may be comprised of any days and hours during the Library’s regular hours of operation except that librarians shall have at least two consecutive days off as part of their regular work schedule and shall not be required to work more than an eight hour workday (e.g., 9 a.m. – 5 p.m.) as part of their regular schedule. The Institute shall provide at least two weeks’ notice to the employee and the Union of a change in an employee’s work schedule.

The following shall be added as 20.2(e)(5):

Effective with the ratification of this MOA, full-time tenured and tenure track librarians will have one day per month release time for professional development. These days may not be accumulated or carried over. Scheduling of the days will be determined by the Director, in consultation with the librarian.

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ARTICLE XXI

HALF-TIME TEACHING OPTION

Replace 21.1(a) with the following:

The faculty member is required to teach one-half the normal full-time teaching load and to teach in both the Fall and Spring semesters.

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ARTICLE XXII

PRE-RETIREMENT TEACHING OPTION

Effective September 1, 2008, amend 22.1(b) to substitute “twenty-five years” for “thirty years.”

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ARTICLE XXIII

PART-TIME FACULTY

Substitute the following for 23.4(b):

Academic competence shall govern the assignment of courses. In the event that individuals of equal competence apply for a course, seniority shall prevail.

ARTICLE XXIV

SALARIES

Replace 24.1 with the following:

(a) Effective September 1, 2007, full-time faculty members who were

employed as full-time faculty at Pratt in the 2006-07 academic year and continue to teach fulltime, shall receive the higher of:

(1) The member’s 2006-07 salary plus 3%; or

(2) The applicable minimum rate.

(b) Effective September 1, 2008, full-time faculty members who were

employed as full-time faculty at Pratt in the 2007-08 academic year and continue to teach fulltime, shall receive the higher of:

(1) The member’s 2007-08 salary plus 3%; or

(2) The applicable minimum rate.

employed as full-time faculty at Pratt in the 2008-09 academic year and continue to teach full time, shall receive the higher of:

(1) The member’s 2008-09 salary plus 3%; or

(2) The applicable minimum rate.

(d) Effective September 1, 2010, full-time faculty members who were

employed as full-time faculty at Pratt in the 2009-10 academic year and continue to teach fulltime, shall receive the higher of:

(1) The member’s 2009-10 salary plus 3%; or

(2) The applicable minimum rate.

Add the following to 24.2:

Effective September 1, 2008, the following shall be the minimum salary levels for regular full-time faculty for the duration of the Agreement:

Instructor $43,000

Assistant Professor 48,000

Associate Professor

Years of Service

Up to 5 55,500

6 to 10 58,000

11 to 15 60,500

16 to 20 63,000

21 to 25 65,500

26+ 68,000

Professor

Years of Service

Up to 5 60,000

6 to 10 63,500

11 to 15 67,000

16 to 20 70,500

21 to 25 74,000

26+ 77,500

Replace 24.3 with the following:

(a) Effective September 1, 2007, part-time faculty members who were

employed in the 2006-2007 academic year shall receive an increase in their contact hour rate of

3% on the higher of:

(1) The contact hour rate in effect for the member in the 2006-2007

academic year; or

(2) The applicable minimum rate.

(b) Effective September 1, 2008, part-time faculty members who were

employed in the 2007-2008 academic year shall receive the higher of:

(1) The contact hour rate in effect for the member in the 2007-2008

academic year plus 3%, or

(2) The applicable minimum rate.

employed in the 2008-2009 academic year shall receive the higher of:

(1) The contact hour rate in effect for the member in the 2008-2009

academic year plus 3%, or

(2) The applicable minimum rate.

(d) Effective September 1, 2010, part-time faculty members who were

employed in the 2009-10 academic year shall receive the higher of:

(1) The contact hour rate in effect for the member in the 2009-10

academic year plus 3%, or

(2) The applicable minimum rate.

Add the following to 24.4*

Effective September 1, 2008, the following shall be the minimum contact hour rates per

contact hour of undergraduate lecture for the duration of the Agreement:

Instructor $950

Assistant Professor 1,100

Associate Professor

Years of Service

Up to 5 l,250

6 to 10 1,300

11 to 15 1,350

16 to 20 1,400

21 to 25 1,450

26+ 1,500

Professor

Years of Service

Up to 5 1,400

6 to 10 1,475

11 to 15 1,550

16 to 20 1,625

21 to 25 1,700

26+ 1,775

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*See Appendix B for clarification for computing the minimum contract hour rate for other than undergraduate lecture courses.

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ARTICLE XXVII

HEALTH BENEFITS

Add the following as a new 27.1(b)(2):

(2) Level C Adjuncts

By no later than January 1, 2011, the Institute will offer health benefit coverage (individual coverage only) to Adjuncts Level C in accordance with the following:

a) coverage will be the same or substantially comparable to that provided to

full-time faculty under the Institute’s insured plans;

b) adjunct to pay 50% of the cost of the coverage;

c) an adjunct will be eligible for coverage under this provision only as long

as he/she remains a Level C.

This provision is conditional and shall take effect only if the parties have reached

agreement on a new scheme for part-time faculty, including application of the scheme to

incumbent adjuncts and visitors; and

Replace the present 27.1(b)(2) with the following as 27.1(b)(3):

The Institute will continue to provide coverage to those adjunct faculty who were afforded coverage under the Aetna plans as of September 1, 2007 pursuant to 27.1(b)(2) of

the previous agreement and who elect to continue said coverage, provided that Aetna continues to provide the coverage. The full cost of the coverage will continue to be borne by the insured faculty member. However, this coverage will be discontinued as of the date that the Institute begins to offer coverage to Adjunct Level C Adjuncts pursuant to 27.1(b)(2) above.

Add a new 27.2 providing as follows:

With respect to the current Aetna/US Healthcare plans and any successor plan (the

“Current Plan”), Pratt shall have the right to change, modify, or replace the Current Plan without

the need to bargain over any change, modification, or replacement if (i) Pratt makes the same

changes, modifications, or replacements for administrators at Pratt, and (ii) any new, revised, or

modified health plan or plans provides for substantially comparable benefits to the Current Plan.

Pratt will give notice and discuss such changes with the Union prior to implementation. This

provision shall apply to all benefits under the Aetna/US Healthcare plan, including, but not limited to, health insurance and optical benefits. This provision shall apply equally to benefits for current bargaining unit employees and retirees. This provision shall not be applicable to HIP.

ARTICLE XXVIII

OTHER FRINGE BENEFITS

Replace the second sentence of 28.1(a) with the following:

The waiting period shall be reduced or eliminated for employees with prior related industry service in higher education (a college or university which conforms to federal standards for IRS Code section 501(c)(3) status or a similar public institution of higher education).

Amend contribution rates in 28.1(b) to provide as follows:

2007-08 7%

2008-09 7%

2009-10 5%

2010-11 7%

Delete 28.5.

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ARTICLE XXIX

LEAVES

Effective September 1, 2008, substitute the following for Section 29.2(a):

Sabbatical leave eligibility under subsections (b) and (c) shall require at least seven years of continuous service at the Institute as a full-time faculty member. Sabbatical leave eligibility under subsection (d) shall require the status of CCE and at least seven years of continuous service as adjunct.

A minimum of seven years continuous teaching service shall be required between sabbaticals for both full time and part time faculty.

Effective September 1, 2008, substitute the following for Section 29.2(d):

The Institute shall grant on an Institute-wide basis at least four (4) sabbatical leaves at full pay for one semester or one-half pay for two continuous semesters in each year to CCE’s. Compensation shall be based on the average of the CCE’s workload of the previous academic year. Upon return, the CCE shall be eligible for any salary increases that may have resulted during the leave period.

Replace 29.3(c) with the following:

Part-time faculty members without a CCE will be entitled to medical leave calculated as follows:

(1). The length of the medical leave shall be 1 month multiplied by the individual faculty member’s years of employment (i.e. 4 months for a faculty member with 4 years of employment) but shall not exceed a single semester;

(2). The faculty member shall be eligible for ¾ of his/her regular salary during the length of the medical leave as specified in 29.3(c)(1) above; and

(3). In no event shall the total amount of medical leave pay exceed ¾ of the individual faculty member’s pay for a single semester.

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ARTICLE XXX

TENURE

Add a new 30.10 providing as follows:

The Administration may elect to increase the salary of a full-time faculty member upon his or her receiving tenure. Whether to grant such an increase and the amount of any such increase shall be solely the discretion of the Administration, and the Administration's decision may not be grieved or challenged in arbitration under this Agreement. Any such increase shall take effect the September 1st immediately following the award of tenure.

Replace the second sentence of 30.12(b) with the following:

The person so charged shall be on a pay status pending the outcome of the proceedings affecting his/her tenure unless the person is charged with gross misconduct (in which event the

person shall be on unpaid status).

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ARTICLE XXXIV

TERM OF AGREEMENT

In 34.1 and 34.2, replace “2007” with “2011.”

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Add the following as a new Article:

AGENCY FEE

1. As a condition of employment, all unit members shall be required to (i) become a

member of the Union, or (ii) pay an agency fee to the Union within thirty days after the initial

date of employment, in accordance with applicable law.

2. The Institute agrees that any unit member who does not comply with section 1

within the first semester of service or within any subsequent year will not be reappointed

notwithstanding any other provision of this Agreement.

3. The Union agrees that it will indemnify and hold the Institute harmless from any

damages and/or costs and expenses sustained by reason of any action taken by the Institute under

this Article.

The Pratt Faculty Union » Memorandum of Understanding 2007-11