FSU Update on Grievance Matters

3/22/16

Removal of Tenure

An arbitration hearing for a tenured faculty member who was dismissed in violation of just cause was recently held. We expect a decision soon.

Improper Denial of Tenure

A tenure track faculty member who was denied tenure recently had their grievance denied at the step ll level (i.e. at the President’s level). The issue in this case is unequal treatment upon the administration’s failure to apply consistent standards for tenure review. The FSU will be taking this to arbitration.

Calendar Year Time for NTT Promotional Eligibility

This grievance addresses promotional eligibility, in which we assert that pre July 1, 2014 creditable service is based on a calendar year.  The Administration denied the grievance at the Step II level. The FSU has filed for arbitration. The arbitration hearing will be held in mid-May and we do not expect a decision until a few months after this hearing.

NTT Salary Grievance, 2012-14 Contract

Many NTTs had incorrect salaries and titles under the 12-14 contract. The FSU filed a grievance on this issue a number of years ago (this grievance covers incorrect salaries/titles up to and including the Spring 15 semester). This grievance is still pending, though we are making progress on a resolution. We will be meeting with the Administration next week to discuss the remaining individual NTT salary issues from this grievance. Members with incorrect titles and/or salaries from the 12-14 contract as of Spring 15 will first have their titles/salaries corrected retroactively if/when the grievance is decided. Any new title from the 2014-17 contract that would have applied during the conversion will be retroactively applied as of Fall 2014.

Associate Lecturers Hired at Half-Time or Greater

The new contract language stipulates that certain temporary NTTs may be hired as Associate Lecturers rather than Lecturers (see Article 21 of the contract for more information). However, the language also stipulates that Associate Lecturers may only be hired at less than half-time. The Administration violated this provision by hiring faculty into Associate Lecturer positions with a workload of half time or greater.  A step I hearing for this grievance was held and the Administration expressed an interest into entering a settlement agreement. We believe we are close to a settlement agreement that would allow Associate Lecturers to be hired at 50% or greater provided that the number of semesters a 50% or greater Associate Lecturer would need to serve before being converted to Lecturer would be reduced from 6 to 4. In addition, Associate Lecturers who are converted to Lecturer will have their time as Associate Lecturer count towards eligibility for both continuing employment and Senior Lecturer and Senior Lecturer II promotions. We will be meeting with the Administration again and hope to be able to reach agreement at that time.

Additional Work for Part-Time NTT

Article 21.3 stipulates that when additional work arises, the administration must offer the work to current, qualified part-time NTTs in the department in order of seniority. This clause may not have been followed in the College of Management, so a step I grievance hearing was held and the Administration expressed interest into entering into a settlement agreement. We believe we are close to an agreement that would allow for very limited circumstances under which additional work could first be offered outside of the department (only if there is a new full-time NTT who is hired with the expressed purpose of creating new programmatic offerings). In addition, we would clarify that notification of additional work to current part-time NTTs must occur in the form of advanced written notice. We will be meeting with the Administration next week and hope to be able to reach agreement at that time. This proposed remedy  will apply to all part-time NTTs at UMB.(NOTE: we filed a separate grievance on this same issue for part-time NTTs in Math; a step I hearing was recently held).

Credit Bearing Courses Paid as Additional Compensation Rather than Salary

We filed a grievance on behalf of a part-time NTT who was being paid add comp for credit bearing course work. This practice is in violation of a policy that states such pay should be salary, listed as part of the member’s accumulated FTE total, and counted as creditable time for purposes of pension calculation. The FSU and the Administration have entered into a settlement agreement on this case that allows particular forms of add comp work performed by members of this department to be counted as creditable time. The Administration only agreed to apply this remedy for the faculty in the grievant’s department. Any other part-time members who are paid in add comp for the work you should perform in your position should contact the FSU so we can determine if there is a violation.

Retro Pay Not Given to Former Members

Unit members who were on payroll during 2014-15 but no longer on payroll as of 9/1/15 because of resignation, termination, or layoff have received the retro pay that other members received on 10/23/15. The Memorandum of Agreement governing our pay stipulates that anyone on payroll during the effective dates of the raises was eligible for these raises. We filed a grievance and after a step I hearing, Admin agreed that these members should be given their retro pay (payments were issued in the last pay period of January)

Other Grievances

1)    We filed a step I grievance on behalf of a member who was suspended after the Office of Diversity Inclusion (ODI) concluded the member had violated Title IX regulations regarding sexual harassment. We believe the penalty was imposed without proper recourse to the due process requirements outlined in Article 18.5 of the contract. A step I hearing was recently held, and we are awaiting a decision.  

2)    An Associate Lecturer who teaches in a CAPS program was seeking but denied additional work. The FSU asserts that the MOU- University College (now called CAPS) should apply to this individual, which requires additional work to be offered to current NTTs regardless of title). We recently held a step II hearing and are awaiting a decision.

3)    We are currently engaged with the Administration to ensure that due process is maintained for a part-time NTT who is undergoing a dismissal hearing (see Article 21.12).

4)    We filed a grievance for a member whose salary was reduced when they changed from a calendar to an academic year appointment. The reduction was made years after the appointment change and without consultation with the member. We believe this is in violation of Article 14 of the contract and are seeking reinstatement of the full salary. A step II hearing was recently held and we are awaiting a decision.