ITEM 112-107-R0901   ATTACHMENT

 

TENTATIVE AGREEMENT

BETWEEN

UNIVERSITY OF MONTANA-WESTERN FACULTY ASSOCIATION

AND

MONTANA BOARD OF REGENTS OF HIGHER EDUCATION

 

Modify the 1999-2001 agreement as follows.

 

1.         1.000  Preamble

 

Change the first paragraph to read as follows:  “This agreement is entered into by the Commissioner of Higher Education as agent for the Board of Regents of Higher Education on behalf of The University of Montana-Western hereinafter referred to as Commissioner, and The University of Montana-Western Faculty Association, Local 4323, MEA-MFT, NEA, AFT, AFL-CIO, hereinafter referred to as the Association, and has as its goals the furtherance of quality education, the establishment of an equitable procedure for the resolution of grievances and the formal understanding with regard to salaries, hours and conditions of employment.”

 

All other references in the agreement should likewise be changed to reflect the recent change in the names of the institution and the association.

 

2.         Change “VC-ASA” to “VC-AA throughout the agreement.

 

3.         3.100  Unit Determination

 

Change to read:  “The bargaining unit covered by the agreement shall be composed of all faculty holding academic rank who regularly teach seven (7) or more credit hours per semester or fourteen (14) or more hours per academic year whose current appointment is with The University of Montana-Western, excluding employees teaching in extension, continuing education, or off-campus programs such as the early childhood program; chancellors; deans; executive assistants; the library director; registrar; coaches and others whose responsibility is primarily and regularly administrative.  Faculty not meeting the above criteria for membership in the bargaining unit may be added with the mutual consent of the Administration and the Association.”

 

4.         3.400  Nondiscrimination

 

            Delete last sentence.

 

5.         3.500  Academic Freedom

 

Change to read: “The concept of academic freedom should be accompanied by an equally demanding concept of responsibility.  Faculty members are citizens, members of learned professions and representatives of an educational institution.  When they speak or write as individual citizens, they must be free from institutional censorship or discipline, but their special position in the community imposes special obligations.  As men and women of learning and as educational representatives, they should remember that the public may judge their professions and their institutions on the basis of their utterances.  In a situation where a reasonable person might believe that the faculty member is speaking on behalf of  The University of Montana-Western or the Montana University System, the faculty member shall make it clear that he/she is speaking, writing, or acting as an individual and not as a representative of UM-W or the Montana University System.  However, in public discussions of issues related to UM-W or Montana University System business wherein the faculty member’s position may be relevant to his/her perspective, the faculty member, after indicating that he/she is not representing UM-W, the University System, or his/her colleagues, may publicly identify themselves by title and rank.”

 

6.         3.600  Academic Responsibility

           

2.b.  Change to read:  “to maintain posted office hours, and be available to students for advising and discussing academic assessment including the evaluation of performance and final grades;”

 

Add a new subsection as follows:  “4.  adhere to the code of ethics set forth in state law.”

 

7.         7.120  Office Space and Furnishings

 

Change to read:  “A private, lockable office shall be provided for every full-time faculty member, where available.  Each office shall be furnished within available resources and include a telephone and computer.  The parties agree to respect the privacy of faculty members’ drawers and files.”

 

8.         7.130  Telephones

 

            Delete.

 

9.         7.220  Workload

 

Change to read:  “All faculty members shall be notified in writing of their tentative course schedules at least six (6) weeks in advance of the ensuing academic period.  All regular, assigned on-campus (non-extension, non-continuing education) classes will be considered part of the faculty member’s workload.  Faculty members required by the Administration to substitute in class for absent faculty members shall be reimbursed at 1.33 times the rate of the continuing education rate per class hour.

 

The normal teaching workload for full-time tenured and tenure-track faculty will typically be twenty-four (24) credit hours per academic year.  If the faculty workload committee determines that a tenured or tenure-track faculty member is carrying an inequitable workload, such faculty member shall be eligible for additional compensation at the rate of 1.33 times the rate of the current continuing education rate per class hour.  It is understood workload includes but is not limited to teaching, lab and studio activities, committee assignments, and advising.

 

Any alleged inequity of workload may be referred to the faculty workload committee within the first two (2) weeks of the semester.  The committee shall consist of two (2) Association appointees and two (2) Administration appointees.  Any differences unresolved by the committee shall be decided by the Chancellor of the College.  The committee shall consider all alleged inequities in light of campus workloads.  The committee may prescribe forms for reporting assignments.

 

At the option of a faculty member, a limited amount of independent study may be offered without consideration as overload.  The faculty member shall present the request along with the independent study contract through appropriate channels for approval.  Three (3) independent study courses per academic year will be the maximum allowable per faculty member.  An independent study course may not duplicate a regularly offered catalog course.

 

At the option of a faculty member, a limited amount of directed study may be offered.  The faculty member shall present a request along with the directed study contract through appropriate channels for approval.  Directed study courses may duplicate a regularly offered catalog course and may be offered for up to five (5) students.  Credit for directed study courses shall be discounted by 50% when included in the calculation of the faculty member’s workload.”

 

10.        7.300  Other Employment

 

Change the title of the section to:  “Other Employment /Ethical Practices” and delete the last sentence.

 

11.        7.600  Safe Working Conditions

 

Add the following new sentences:  “The Administration shall identify a safety officer.  Faculty shall notify the safety officer as soon as possible of any safety hazard or threat incident to their employment.”

 

12.        Add the following new section: 

 

“7.810  Ownership of Electronic Course Material

Ownership of electronic course material shall be in accordance with Regent policy in effect July 1, 2001.”

 

13.        8.119  Types of Appointments

 

Add the following new sentence:  “Faculty hired to tenurable positions who lack the terminal degree must complete all requirements of the terminal degree within the time frame established by the Administration in order to continue their probationary appointment.”

 

14.        8.120  Temporary Personnel

 

Change to read:  “The parties recognize that the Administration may have to hire full-time faculty members on a temporary basis for limited purposes, such as a replacement for a full-time permanent faculty member with an extended illness, a sabbatical leave replacement, etc.  The Administration whenever practicable before making a temporary appointment, shall seek input from the department to which the appointment will be made regarding candidates under consideration.  During the period of temporary employment other terms of the agreement shall apply.  Appointments made pursuant to this section are nontenurable.”

 

15.        9.300  Evaluation of Faculty

 

In the third paragraph, change the second sentence to read:  “Faculty members shall submit documentation for all annual and biennial evaluations on or before May 15.”

 

16.        9.315  Evaluation Procedures

 

            4.  Change “January 15” to “September 1” in the last sentence.

 

17.        9.430  Tenure and Promotion Review Procedure

 

Change the fourth sentence in the third paragraph to read as follows:  “The recommendations of the committee, VC-AA, and the Chancellor as well as a summary of the accomplishments of the faculty member shall be forwarded to the PresidentThe President may request additional supporting documents from the faculty member, Tenure and Promotion Committee or the Administration.”

 

18.        9.500  Preparation and Approval of Unit Standards

 

            In paragraph g., change “10.130” to “9.510.”

 

19.        12.100  Faculty Salaries

 

Change to read:  “The salary base for determining the salary increase for faculty members currently employed shall be the faculty member’s preceding academic year contract amount excluding any extra compensation increments paid under this agreement.  The order of receipt of the various salary adjustments found in this agreement is:  1) normal percentage raise found in 12.121 based on the previous year’s base salary; 2) the promotion increment; 3) the permanent market adjustment found in 12.122; 4) if 1, 2 and 3 do not bring a faculty member to the salary minimum then the salary of the faculty member is brought to the appropriate minimum for the rank found in 12.128 below.  For AY 2001-02 and 2002-03 the raises will all take effect on November 1 of the respective fiscal year.  Merit awards shall be in addition to any salary increase resulting from bringing a faculty member’s salary to the salary minimum.”

 

20.        12.121  Normal Increase

            12.122  Permanent Market Adjustment

 

NOTE:  Actual contract language to be determined at a later date.  Distribution of 4% raises in each year of agreement will be calculated in a mutually agreeable fashion.  It is understood that the 4% includes the costs of promotions.  If enrollment falls below 980 FTE in either the fall semester of 2001 or 2002 the Association agrees to meet within fifteen (15) days of the Administration’s request to renegotiate the terms of the raise for 2002-2003.

 

21.        12.124  Promotion and Award of Appropriate Terminal Degree

 

            1.         Promotion

Change to read:  “Faculty members promoted to the rank of Assistant Professor or Associate Professor consistent with the promotion procedures in effect under this agreement shall receive additional compensation added to their base salaries of $2064 in 2001-02 and $2147 in 2002-03.  Faculty members promoted to the rank of Professor consistent with the promotion procedures in effect under this agreement shall receive additional compensation added to their base salaries of $2772 in 2001-02 and $2882 in 2002-03.”

 

22.        12.126  Market Adjustment—Critical Area Adjustment

 

Change to read:  “For purposes of retention, salary increases may be authorized at the discretion of the Administration to tenured or tenure-track faculty who receive offers of employment from other institutions or present compelling evidence of their marketability.  Before granting any such increase, the matter will be discussed by the Labor-Management Committee.  Monies used to fund such market adjustments will not be drawn from funds committed to campus-wide faculty raises.”

 

23.        12.127  Salary Minimums

 

Change to read:  “The salary for the first year instructors, Assistant Professors, Associate Professors, and Professors on academic year and fiscal year contracts shall be determined using the schedule of salary minimums included in this section.  The Chancellor has discretion to hire a new faculty member at a salary above that established in the schedule below by an amount not to exceed $6000.  If the Chancellor wishes to exceed the $6000 limitation, the Chancellor must secure the approval of the President of the Association.  If the President of the Association approves, the Chancellor may offer an additional amount not to exceed $10,000.  The schedule of salary minimums applies to full-time academic and fiscal year faculty.  In no case shall any such faculty member receive less than the minimum compensation rates established herein.  Salary minimums shall be prorated for appointments of .50 FTE and above.

 

            Rank                             2001-02             2002-03

            Professor                      $45,414             $47,230

            Associate Professor       $38,704             $40,252

            Assistant Professor        $34,108             $35,472

            Instructor                       $26,968             $28,047”

 

24.        12.200  Summer Session

 

Change to read:  “The rate for summer session shall be at the rate of two-ninths (2/9) of the regular academic year salary for full-time teaching.  The summer session salary for a full-time teaching workload shall not exceed a maximum of $9000 for summer 2002 and a maximum of $9360 for summer 2003.  The summer salary for less than full-time teaching workload shall not exceed the full-time maximum multiplied by the ratio of the actual workload to the full-time workload.  A full-time teaching workload for summer term is nine (9) semester credits.  Faculty teaching in excess of nine (9) semester credits in summer session shall have their salary increased proportionately.  When courses are offered on an enrollment contingent basis and enrollment is below the required minimum, the faculty member and the summer school director may mutually agree to a reduced level of compensation.”

 

25.        13.100  Sick Leave

 

Change paragraph 2. under “Other Sick Leave Provisions” to read as follows:  “Eight (8) hours of sick leave usage must be reported for each full day absent due to illness whenever a faculty member is unable to meet assigned courses, attend departmental or committee meetings or be available to meet with students or colleagues.”

 

26.        13.700  Professional Improvement Leaves

 

Change the last sentences of the first paragraph to read as follows:  “In all cases where substitutes are utilized, the Administration may require the faculty member taking the leave to secure a replacement subject to the approval of the Administration and may, at the sole discretion of the Administration, require the faculty member to reimburse the employer for the cost of the substitute.  The terms and conditions of the professional employment leave shall be specified in writing prior to the commencement of the leave.”

 

27.        13.820  Rules and criteria Governing Sabbatical Assignment

 

Change paragraph 2 to read:   “There shall be a minimum of one (1) funded sabbatical each academic year.  Other approved sabbatical assignments shall be subject to budget limitations which may exist at The University of Montana-Western at any time.”

 

28.        14.400  Formal Procedure for Faculty Grievances

 

            Change Step Five to read:

“If the grievance has not been settled at step four, then within ten (10) days after receipt of the written decision of the Commissioner or his/her designee, the Association may initiate arbitration by giving written notice to the effect, by registered mail, directed to the Commissioner with copies to the Chancellor.  The arbitrator shall be selected in the following manner.

 

            1.         The parties shall confer and may mutually agree upon any arbitrator.

 

2.         If the parties are unable to agree upon an arbitrator they shall request the Federal Mediation and Conciliation Service to furnish a list of seven (7) recommended arbitrators.  The parties may select an arbitrator from the list so provided by first striking the names of any who are unacceptable.  In the alternative, either party may request a new list of potential arbitrators but in such instance is responsible for the cost of the new list.  A representative of theAdministration and arepresentative of the Association shall alternately strike the name of an arbitrator from the agreed upon list until one name remains, and that person shall be designated the arbitrator.  The determination of which party shall strike the first name shall be made by agreement of the parties or if no agreement is reached, by the flip of a coin.

           

3.         The arbitrator shall establish procedural rules, conduct necessary hearings, and issue findings and awards to both parties within thirty (30) days of the termination of the hearings.  The arbitration award shall be final and binding on both parties.

 

Within five (5) days after receipt of the arbitrator’s awards, the parties will meet to discuss the findings and to work out procedures for implementation of the awards.  Each party will bear its own costs.  The actual and necessary costs of the arbitration proceedings will be shared equally.”

 

29.        15.940  Previous Letters of Agreement

 

Add the following new provision:  “Previous letters of agreement, sidebar agreements and letters of understanding between the Administration and the Association that are executed prior to the effective date of this agreement that are not incorporated into this agreement by specific reference or inclusion are null and void.”

 

30.        16.100  Faculty Senate

 

Change the first paragraph to read:  “The MEA-MFT, as the elected bargaining agent, retains exclusive right to negotiate and reach agreement on all matters pertaining to salaries, benefits, and terms and conditions of employment.  Without waiving this right,  the MEA-MFT and the Board recognize the desirability of a democratic governance system for Faculty in areas of academic concern.  Such a governance system shall be implemented through a democratically elected body, herein called the Faculty Senate, in which only tenure-track members of an academic unit who regularly teach seven (7) or more credit hours per semester are eligible to serve.  The Chancellor, VC-AA, and academic deans are ex officio non-voting members of the Faculty Senate.  As such they may attend all regular Faculty Senate sessions but may attend executive sessions by invitation only.  Matters of academic concern may be initiated by the Faculty, Faculty Senate, VC-AA or by the Chancellor.  The matters which shall be reviewed and recommended by the Faculty Senate, in accordance with regulations of the Board, shall include:”

 

31.        17.200  Duration Clause

 

Change to read:  “This agreement shall be in full force and effect from the date of July 1, 2001, to and including June 30, 2003, and shall be considered renewed from year to year thereafter unless either party to this agreement notifies the other party in writing not later than sixty (60) days prior to the expiration of the agreement of its desire to modify or terminate the agreement.  Negotiations on proposed modifications shall commence at the earliest possible time.”

 

32.        NEW:  Add a memorandum stating that the Labor/Management committee will be charged with developing new procedures, working conditions, conditions of employment, etc., with regard to establishing a new lecturer category of faculty.