ITEM 107-104-R0500

ATTACHMENT�� ITEM 107-104-R0500

TO:�� Board of Regents

FROM:�� Sue Hill, Director

�� Labor Relations and Personnel��

SUBJECT:�� Approval of Tentative Agreement with Vocational Technical Educators of Montana, MFT-AFT, AFL-CIO

DATE:�� May 18-19, 2000

Attached is a copy of the tentative agreement with the Vocational Technical Educators of Montana (VTEM).� Until recently, VTEM represented faculty at all of the Colleges of Technology.� This system-wide bargaining unit became outmoded with the restructuring of the university system.� Nevertheless there has been reluctance to pursue a change in the collective bargaining structure unless affected employees concurred with the proposed change.� The last agreement included a provision that authorized faculty at each College of Technology to opt to form their own independent bargaining unit or to affiliate with another appropriate faculty bargaining unit upon a majority vote.� Recently, the faculty at the Missoula and Helena Colleges of Technology voted to form their own bargaining unit.� Negotiations with those bargaining units have just gotten started.� The proposed tentative agreement covers faculty at the Colleges of Technology in Butte, Billings and Great Falls.� If the bargaining unit fails to ratify the tentative agreement prior to the May Regent meeting, this item will be withdrawn.

The tentative agreement increases average faculty salaries by $275 plus 2.1% effective October 1, 1999; and by an additional $275 plus 2.3% effective November 1, 2000.� The minimum salary increase in FY 2000 is 2.4% and in FY 2001 is 2.3%.� Merit awards are not built into base salaries and may or may not be implemented at each campus at the discretion of the employer.� The employer contribution to group insurance increased by $15.00 per month in FY 2000 and by $10.00 per month in FY 2001.

The employer previously had the flexibility to pay newly hired faculty members a recruitment adjustment of up to $4,000 over the matrix driven salary to assist in hiring faculty in disciplines where external market conditions make recruitment extraordinarily difficult.� However, the recruitment adjustment was phased out when employees received a promotion.� Under the tentative agreement, recruitment adjustments become a permanent addition to an employee's matrix-driven salary, which will make the option of a recruitment adjustment much more attractive.

The criteria for promotion was also modified under this tentative agreement.� Presently, faculty at the Colleges of Technology do not have academic rank (i.e., assistant professor, associate professor and professor) but are eligible for promotion to a higher pay level (levels I through IV).� In the past, faculty seeking promotion had to accumulate a specified number of graduate education credits.� That requirement was modified to allow faculty the option of meeting the threshold requirements for promotion through completion of a specified number of hours (510, 570 or 720 depending on promotion level) of approved professional development activity. �The employer may still, however, require faculty to obtain an appropriate graduate degree as a condition of tenure or promotion as long as the faculty member is informed of that requirement at the time of hire.� Promotions continue to require more than just meeting the threshold requirements and are predicated on a positive assessment of overall contributions.

The other major language change dealt with instructional workload.� Faculty at the Colleges of Technology teach as many as 36 credits per year.� They wanted very much to limit the maximum teaching load to 30 credits per year.� This issue was one of the major reasons why negotiations took approximately 18 months to complete.� Ultimately, we agreed on a range of 30 to 36 credits per year and contractually recognized that the instructional workload may be less than 30 to 36 credits where there are additional non-instructional assignments.� Faculty who teach at least 15 credits in a semester will receive a full-time salary.

A formal evaluation of tenured faculty will occur at least every three years under the tentative agreement unless job performance concerns warrant more frequent reviews.� The union was given the right to use electronic mail to communicate with faculty and will also be given an opportunity to make brief reports or announcements at faculty meetings.� The other language changes were not substantive.

I recommend approval of the tentative agreement with VTEM.

xc:�� Commissioner Crofts

�� Willard Weaver

�� Robert Carr

�� Jane Baker

Summary of Tentative Agreement

between

Montana Board of Regents of Higher Education

and

Vocational-Technical Educators of Montana

#9610, MFT-AFT, AFL-CIO

Modify 1997-1999 agreement as follows.

Throughout contract, change "employee" to "faculty member."

1.�� 2.1.b.� Bargaining Unit (page 1)

Change to read:� "The bargaining unit covered by this agreement shall include all instructional faculty members with a .5 FTE or greater annual appointment (nine (9) or more credits per semester) and who are employed for both terms of the academic year.� Individuals appointed for a single semester are excluded from the bargaining unit.� Instructional related, non-teaching professional employees regularly scheduled to work half-time or greater who were included in a school district bargaining unit prior to July 1, 1989 shall be included in the bargaining unit unless excluded by the Board of Personnel Appeals pursuant to 24.26.630 ARM.� New employees hired into non-teaching positions shall be excluded from the bargaining unit.� The bargaining unit status of a current teaching employee who transfers to an instructional related, non-teaching professional position shall be determined at the time of the transfer.� The term "faculty member" as used in this agreement means a member of the bargaining unit."

2.�� 5.4� INFORMATION DISTRIBUTION (page 9)

Change to read:� "The union shall have the right to use the employer-owned distribution boxes, voice mail or electronic mail for the purposes of communicating with faculty members regarding union activities."

3.�� 5.6� ANNOUNCEMENTS (page 9)

Change to read:� "The union shall be provided time at faculty member meetings to make brief reports and announcements, provided the union has given a timely request to the Dean or designee."

4.�� 7.1.A.� Formal Evaluations� (page 15)

Change to read:� "Formal evaluations result in a written document which is placed in a faculty member's official personnel file.� Formal evaluations may include components such as self-evaluation, supervisory evaluation, and student evaluations.� Faculty assessment will be conducted on an annual basis for non-tenured faculty except during the final year of employment and once every three (3) years for tenured faculty.� Faculty or administration may request an additional evaluation for purposes of consideration for merit, tenure, and promotion."

5.�� ARTICLE 10� COMPENSATIONtc ARTICLE 10COMPENSATION (beginning page 25)

�� Change as follows:

�� 10.1�� SALARIES 10.1�� SALARIES

�� A.�� Salary Factors for 1999-00

�� The following factors and methodology will be used to determine faculty member salaries for the period from July 1, 1999, until June 30, 2000.

��

�� 1.�� Effective October 1, 1999, minimum salaries for each level are as follows.

��

�� Level I: 26,450

�� Level II:�� 29,680

�� Level III:�� 33,990

�� Level IV:�� 38,290

�� 2.�� Effective October 1, 1999, in addition to the above specified minimum salary, faculty members will receive $275 for each year of full-time teaching and related occupational experience through July 1, 1999.� Up to a maximum of ten (10) years of related full-time teaching or occupational experience may be recognized for newly hired employees.

��

�� 3.�� Faculty members with an appropriate doctoral degree shall receive a $1,500 salary stipend.� Faculty members receiving a stipend for an appropriate doctorate shall not be given any additional stipend for their master's degree.� Faculty members with an appropriate master's degree who are below Level III shall receive a $1,000 salary stipend.

��

�� 4.�� Notwithstanding any of the factors outlined above, no faculty member shall receive less than a 2.4% increase in base academic year salary for AY 1999-2000.� Stipends for doctoral and master's degrees are not subject to the� 2.4% minimum increase.

��

�� B.�� Salary Factors for 2000-01

�� The following factors and methodology will be used to determine faculty member salaries for the period from July 1, 2000, until June 30, 2001.

�� 1.�� Effective November 1, 2000, minimum salaries for each level are as follows.

��

�� Level I:�� 27,060

�� Level II: 30,360

�� Level III:�� 34,770

�� Level IV:�� 39,170

�� 2.�� Effective November 1, 2000, in addition to the above specified minimum salary, employees faculty members will receive $275 for each year of full-time teaching and related occupational experience through July 1, 2000.� Up to a maximum of ten (10) years of� related full-time teaching or occupational experience may be recognized for newly hired faculty members.

��

�� 4.�� Notwithstanding any of the factors outlined above, no faculty member shall receive less than a 2.3% increase in base academic year salary for AY� 2000-2001.� Stipends for doctoral and master's degrees are not subject to the 2.3% minimum increase.� ��

��

�� C.�� Employment, Experience and Education History

��

�� a.�� Faculty Members

�� New faculty members will have their education and employment records available at the time of hire for determination of the various salary factors listed in section I.� Final determination will be agreed upon by the President or designee and then concurred in writing by the newly hired faculty members.

�� b.�� Current Faculty Members

�� Education levels for current faculty members are based on verifiable education completed prior to September 1, 1995.� Prior experience used to implement the new salary methodology is identical to that credited under prior methodologies and recognized by the employer prior to September 1, 1995.

�� In order to provide for a smooth transition to the new salary methodology (on a one-time basis), faculty members with previously recognized equivalent degrees whose unadjusted salary target is more than $6,000 below their present salary shall be placed two levels higher than the factors justify.� Faculty members with equivalent degrees whose initial unadjusted salary target is more than $3,000 but less than $6,000 below their present salary shall be placed one level higher than the factors justify.

�� D.�� Recruitment Adjustment Stipends

The employer may at its discretion pay newly hired faculty members a recruitment adjustment stipend of up to $4,000 in additional compensation when external market pressures make recruitment of qualified faculty in that discipline extraordinarily difficult.� Where practical, faculty members of the search committee will be consulted when it is deemed necessary to offer a recruitment adjustment stipend to an applicant.� Faculty members receiving a recruitment adjustment stipend will be eligible for base increases, experience increases, and promotion and minimum increases on the formula driven salary (not excluding the recruitment adjustment stipend) which are negotiated in subsequent years.� Recruitment adjustment stipends will be subtracted out of the formula driven salary when calculating salary increases and promotions and then added back into the faculty member's salary.� In no case will the academic year salary of an employee who has been given a recruitment adjustment stipend be reduced.

�� E.�� Merit Awards

Merit awards may or may not be implemented at each campus during AY 1999-2000 and AY 2000-2001 at the discretion of the employer.

�� F.��Frozen Salaries

�� Faculty members who have received unsatisfactory evaluations may have their salary frozen and are exempt from the provision granting a minimum increase upon recommendation of the President or designee and concurrence of the Union-Management Committee (or an alternative committee agreed upon by the parties at the College).�� Faculty members who have had their salary frozen in a previous year and who believe their performance has substantially improved may request that their salary be restored to the level it would have been in the absence of a freeze, effective the beginning of the next academic year.� In no case shall any retroactive payment for prior fiscal years be made.� The decision of the Union-Management Committee in this matter is final and not grievable.

�� G.�� Level Definition and Threshold Criteria for Promotion

�� 1.�� The following criteria are effective the 2000-2001 academic year and thereafter.

�� Level I: No degree through bachelor's degree

Level II: Appropriate bachelor's degree plus 510 hours of approved� professional development activity and five (5) years of� full-time related teaching or occupational experience,

five (5) years at Level I plus 510 hours of approved professional development activity for faculty on an approved professional development plan which allows for an alternative route.

�� Level III: Appropriate master's degree and ten (10) years of full-time related teaching or occupational experience, five (5) of which must be in an instructional position at a regionally� accredited post-secondary institution,

five (5) years at Level II plus 570 hours of approved

professional development activity for faculty in an

approved professional development plan which� allows an alternative promotion route.

�� Level IV: Appropriate master's degree and five (5) years at Level III plus 720 hours of approved professional development� activity,

appropriate doctorate degree and five (5) years at Level III plus 570 hours of approved professional development activity.

�� 2.�� All Professional development activity used to meet threshold criteria for promotion must be approved by the employer.� The approval process for� each campus location shall be communicated to faculty.� Prior approval is recommended.� If a faculty member's request for approval of a professional development activity is denied, the faculty member may appeal the denial to the Faculty Administration Committee or an alternative process agreed upon by the parties but may not appeal such denial through the contractual grievance procedure.

3.�� Activities include experiences that advance a faculty member's professional (educational and occupational) skills, knowledges, and abilities, and experiences that maintain a faculty member's currency with technology and practices in education and/or the occupation(s) for which they prepare/educate students for employment or further education.� Participation in these experiences usually results in curricular changes or increased teaching effectiveness.� These experiences are usually gained through participation in activities such as, but not limited to:� college coursework; business and industry-conducted training; professional organization workshops and conferences; seminars; etc.

4.�� Thirty (30) hours of professional development activity equals one (1) semester credit of college coursework.� A combination of approved� college coursework and other types of approved professional development activity may be used to meet threshold criteria.

5.�� The hours of professional development activity specified for each level must have been completed since the faculty member's initial hire or last promotion, which ever is later.

6.�� The employer may award credit toward the fulfillment of the hours of professional development required for promotion for work experience.� Some work experience may not qualify.

7.�� Part-time teaching experience will be recognized on a pro rata basis.� For example, an employee who teaches half-time for ten (10) years will be credited with five (5) years of full-time teaching experience.

8.�� New faculty are typically placed no higher than Level II at the time of hire.� However, in extraordinary circumstances a newly hired faculty member may be placed at Level III by the employer after consultation with the members of the search committee.

9.�� The employer reserves the right to deny a faculty member's application for promotion or tenure for the sole reason that the faculty member has not obtained an appropriate undergraduate or graduate degree.� Faculty hired in FY 2001 and thereafter will be informed in writing by the employer of this requirement at the time of hire.

10.�� The threshold criteria for promotion that were included in the 1997-1999 collective bargaining agreement shall be used to evaluate promotion applications made during the 1999-2000 academic year.

11.�� Promotions become effective at the beginning of the academic year following the year the promotion review took place but shall not be implemented until after the ratification of a successor agreement.� Faculty may submit an application for promotion during the year in which they meet the eligibility criteria.� If five (5) years of experience are required, the application may be made during the fifth (5th) year.

12.�� For faculty with an appropriate doctorate who are seeking promotion to Level IV, some or all of the required hours of professional development activity may be met through approved service or approved scholarly activity.�

13.�� Faculty members who do not meet the degree requirements for promotion to Level II may apply for a Half Level II promotion when they have five (5) years of full-time related teaching or occupational experience and have completed at least half of the requirement of an appropriate bachelor's degree or have graduated from an approved professional school which is equivalent to at least two (2) years of postsecondary education when such professional school alternative is approved by the Dean, President or designee and the local Union-Management Committee.� The base salary for faculty members who are given a Half Level II promotion in AY 1999-2000 is $28,080 and in AY 2000-2001 is $28,730.��

14.�� Meeting threshold education and experience requirements specified in subsection A is not sufficient in itself to warrant� promotion.� Promotion to a higher level also requires application

�� by the faculty member and documentation of positive contributions to the College of Technology.�� The following activities will be given consideration in evaluation for purposes of promotion:

��

a.�� classroom performance;

b.�� facility organization and management of a lab/shop/clinic;

c.�� instructional equipment organization and management;

d.�� development and revision of curriculum and course material;

e.�� student advising;

f.�� student outcomes assessment;

g.�� activities involving innovative instructional techniques;

h.�� scholarly activity such as applied research, presentations and publications;

i.�� professional development activities--educational and occupational;

j.�� achieved recognition in education, business, industry or in an occupation as evidenced by licensure or certification;

k.�� participation in professional� organizations--educational, business and industry, occupational;

l.�� consulting and other activities with business and industry, and other community organizations;

m.�� serving on advisory boards, outside work for agencies, service on campus committees, awards recognizing service accomplishments.

��

�� H.�� Promotion Timelines and Procedures��

��

�� 1.�� Each College of Technology shall have promotion procedures and criteria.� Promotion procedures and criteria shall be updated periodically and must be approved by the Union-Management Committee (or an alternate committee agreed upon by the parties) and the President or designee.�� Promotion procedures shall include an opportunity for evaluation and recommendation by faculty members as well as the appropriate levels of the administration.

2. �� An employee may only be promoted one level at a time.�

�� After an employee's first promotion (with the exception of those who have received a Half Level II promotion), the faculty member must wait a minimum of five (5) years before being eligible for another promotion.��

6.�� 11.3�� COPIES OF AGREEMENT (page 35)

Change to read:� "Upon final ratification of this agreement, the employer shall have the agreement printed.� Copies of the agreement will be available on each college campus.� The cost of printing the agreement shall be shared equally by the employer and the union."

7.�� 12.1� TERM OF AGREEMENT (page 36)

Change to read:� "This agreement shall be in effect from ten (10) working days after the date of ratification or July 1, 1999, whichever is later, and shall continue until and including June 30, 2001, and shall be considered as renewed from year to year thereafter unless either party to this agreement notifies the other party in writing by March 1, 2001, of its desire to modify or terminate this agreement.� Negotiations on a subsequent agreement shall commence on a mutually agreeable date."

8.�� MEMORANDUM OF UNDERSTANDING:� FACULTY WORKLOAD (page 39)

Change to read:� "The instructional workload for full-time faculty shall normally fall within the range of 30 to 36 credits per academic year.� The instructional assignment for a full-time faculty member shall normally not exceed twenty-five (25) hours per week.� Where instructional assignments consist of primarily laboratory, clinical, shop, internship, or cooperative work experience supervision, the assignment for a full-time faculty member shall not exceed thirty (30) hours per week.� It is recognized that the instructional workload of some full-time faculty may be less than 30 to 36 credits when there are additional non-instructional assignments.� Faculty teaching more than thirty-six (36) credits shall be eligible for overload compensation or a reduction in non-instructional assignments at the discretion of the campus administration.� Bargaining unit faculty who teach at least fifteen (15) credits in a semester shall not receive a prorated salary during that semester