ITEM 122-103-R0104

 

Summary of the Tentative Agreement

between

Montana University System

and

Helena Teachers' Union

MEA-MFT, NEA, AFT, AFL-CIO

 

Modify the 2001-2003 collective bargaining agreement as follows.

 

1.         Change all references to “the Helena College of Technology of The University of Montana” to “The University of Montana-Helena College of Technology.”

 

Change dates on cover page of collective bargaining agreement from “July 1, 2001 through June 30, 2003” to “July 1, 2003 through June 30, 2005.”

 

2.         2.1  RECOGNITION

B.  Bargaining Unit:

Add the following new sentence after the first sentence of the existing provision:  “Full-time instructional faculty with an alternative calendar shall also be included in the bargaining unit.”

 

3.          4.7  CLASS AND COURSE ASSIGNMENT

Add the following new paragraph (between the first and second paragraphs of the current CBA):  “Faculty members will be given a minimum of five (5) working days prior notification of their tentative course assignments.  Faculty members will be informed of any changes to their tentative course assignments necessitated by student enrollment or other unforeseen events as soon as possible.”

 

4.8  FULL-TIME FACULTY MEMBER PROFESSIONAL RESPONSIBILITIES

Change to read:  “The academic year calendar shall consist of one hundred sixty-four (164) scheduled work days and up to a maximum of six (6) flexible work days.  The flexible work days will be decided upon with the Associate Dean.  Disagreements concerning use of flexible days shall be referred to the Labor-Management Committee for resolution.  It is recognized that the Labor-Management Committee may not have an opportunity to resolve the disagreement until after the fact.  The professional responsibilities of instructional faculty members may include but are not limited to the following:  teaching, laboratory supervision, lab/shop/equipment maintenance, curriculum development, professional development, departmental and institutional planning, committee activity, and student advising.  Therefore, the obligations of teaching faculty members for an academic year contract shall start with the beginning day of faculty orientation activities fall semester and shall extend until the completion of commencement ceremonies and record keeping activities at the end of spring semester.  Faculty may be assigned an alternative calendar to include the same number of work days at the time of hire or may accept an alternative calendar by mutual agreement.  The Helena Teachers’ Union shall be informed in writing within twenty (20) working days of any faculty member’s alternative calendar.  It is presumed the College of Technology has priority on the working time of a full-time teaching faculty member.”

 

4.16  STATE TRAINERS

In item 3, change “4.16(8)” to “4.16(7).”

 

4.         6.1.C.  Lump-Sum Payment on Termination

Change the first sentence to read:  “Upon termination, a faculty member is entitled to a lump sum payment equal to one-fourth (1/4) of the pay attributed to the accumulated sick leave.”

 

5.         9.1  TENURE

Change to read:

 

“A.  Tenure is the right to annual renewal of employment from academic year to academic year except in cases of termination for cause or layoff.  Tenure is with The University of Montana-Helena College of Technology and is not with the Board of Regents or any entity other than the College.

 

Tenure is awarded by the Board of Regents, following peer and administrative review

and recommendation by the President in accordance with procedures established by the College.

 

Tenure will not be awarded without appropriate review and recommendation by peers and supervisors.  Tenure is awarded for quality of current professional performance and

promise for future performance, not merely for completing a certain length of service. It is equally incumbent on the faculty member and the administration to insure that a tenure review occurs at the proper time.  In no event shall the failure to give any notice constitute an award of continuous tenure by default.

 

A probationary faculty member hired for the 2004-05 academic year or later is eligible to make application for tenure after the faculty member has accumulated five years of credit toward tenure.  Three years of service as a full-time probationary faculty member at The University of Montana-Helena College of Technology is required before making an award of tenure.  Time spent on authorized leave of absence will not count towards eligibility for tenure. The tenure review is conducted in the sixth year of credited employment.  If the tenure application is approved, tenure is awarded beginning with the seventh contract of full-time employment.

 

Up to three years of prior full-time service at The University of Montana-Helena College of Technology or in a tenure-track position at another accredited two or four-year institution of higher education may be granted toward eligibility for tenure by agreement among the faculty member, the Dean and the President.  Probationary credit for prior service must be agreed to in writing between the faculty member, Dean and the President prior to initial appointment.  If the employer fails to inform an eligible faculty member of the possibility of receiving credit toward tenure prior to the time of hire, the faculty member shall have 30 calendar days from the first day of employment to request credit toward tenure. 

 

Just cause will be the standard for the termination of tenured faculty members except in the case of layoff.

 

Only full-time faculty members are eligible for tenure.  A full-time faculty member who is tenured and is reduced to part-time status but remains in the bargaining unit shall retain tenure at the reduced level. 

 

Faculty members who were granted tenure prior to the effective date of this agreement shall retain their tenure status until resignation, retirement, layoff or termination for cause.”

 

9.2        Change title to:  “PROBATIONARY APPOINTMENTS

            Delete last paragraph.

 

9.3        TEMPORARY APPOINTMENTS

(Add the following new section and renumber remaining sections.)

“A faculty member with a temporary appointment is not eligible for tenure.  However, full-time service in a temporary position may be credited toward tenure in accordance with section 9.1 if the temporary faculty member is subsequently hired into a tenure track position.  Faculty members shall be  informed in writing at the time of hire or rehire that their position is temporary in nature.  Appointments to temporary positions lapse at the end of the academic year or the term specified in the letter of appointment, whichever occurs first, unless terminated for cause during the academic year.  The notice requirements for probationary faculty members do not apply to temporary  appointments.”

 

6.         10.1  SALARIES

           

A.         Salary Factors for 2003-2004

            The following factors and methodology will be used to determine faculty member salaries for the period from July 1, 2003, until June 30, 2004.

 

1.         Effective July 1, 2003, minimum salaries for each level are as follows.

                       

Level I:

$28,725

Level II:

$32,227

Level III:

$36,909

Level IV:

$41,580

                       

2.         In addition to the above specified minimum salary, newly hired faculty members will receive $275 for each year of full-time teaching and related occupational experience. Up to a maximum of ten (10) years of related full-time teaching or occupational experience may be recognized for newly hired faculty members.  Continuing faculty shall receive a $0 experience increase during 2003-2004.

                       

3.         Notwithstanding any of the factors outlined herein, no faculty member will receive a lower full-time academic year salary in 2003-2004 than was received in 2002-2003.

 

4.         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.  Faculty members who are at Level I and have an associate degree shall receive a $1,000 salary stipend and those with a bachelor’s degree shall receive a $2,000 salary stipend.  These stipends will be implemented for continuing employees with newly earned degrees at the same time as promotions are implemented.

           

B.         Salary Factors for 2004-05         

            

The following factors and methodology will be used to determine faculty member salaries for the period from July 1, 2004, until June 30, 2005.

 

1.       Effective July 1, 2004, minimum salaries for each level are as follows.

 

Level I:

$28,725

Level II:

$32,227

Level III:

$36,909

Level IV:

$41,580

            

2.   In addition to the above specified minimum salary, newly hired faculty members will receive $275 for each year of full-time teaching and related occupational experience.  Up to a maximum of ten (10) years of related full-time teaching or occupational experience may be recognized for newly hired faculty members.  Continuing faculty shall receive a $0 experience increase during 2004-2005.  The implementation of future experience steps, if any, including the amount and effective date shall be a topic of  subsequent negotiations.

 

3.   Notwithstanding any of the factors outlined herein, no faculty member will receive a lower full-time academic year salary in 2004-2005 than was received in 2003-2004.

 

4.   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.  Faculty members who are at Level I and have an associate degree shall receive a $1,000 stipend and those with a bachelor’s degree shall receive a $2,000 salary stipend.  These stipends will be implemented for continuing employees at the same time as promotions are implemented.

                                    

5.   Effective January 1, 2005, all full-time faculty members shall receive a $500 salary increase.”    

 

10.1.D.  Recruitment Adjustment Stipends

Change to read:  “The employer may at its discretion pay newly hired faculty members a recruitment adjustment stipend of up to $10,000 in additional compensation when external market pressures make recruitment of qualified faculty in that discipline extraordinarily difficult.  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 a faculty member who has been given a recruitment adjustment stipend be reduced.

 

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.  In addition, the employer will notify the Helena Teachers’ Union, in writing, within twenty (20) working days of the granting of this stipend.”

 

10.1.G.  Level Definition and Threshold Criteria for Promotion

  10.      Change to read:  “In the 2003-04 and 2004-05 academic years, promotions become effective with 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.”

 

10.5  COMPENSATION OF DEPARTMENT CHAIRS

Change to read:  “The College retains the prerogative to determine its administrative structure and appoint department chairs when determined appropriate by the College.  Department Chairs shall be compensated at the rate of $1800 per fiscal year in FY 2004 and $2000 per fiscal year in FY 2005 and thereafter for the additional responsibilities assumed.  Department Chairs may be granted a reduced teaching load at the discretion of the employer.  A faculty member may decline to serve as department chair.  If department chairperson assignments are canceled by either the employer or the department chair, the compensation will be prorated for any partial completion of assignments.”

 

7.         12.1  TERM OF AGREEMENT

Change “2001” to “2003” and change “2003” to “2005.”

 

8.         Add the following Memorandum of Understanding.

 

“The parties agree to create an ad hoc committee to include representatives of the administration, appointed by the administration, and representatives of the union, appointed by the union, to explore alternatives to an experience driven salary model and to develop informational material to help faculty better understand the implications of an experience driven salary model.”

 

9.         Add the following Memorandum of Understanding.

 

“A partial tuition waiver benefit for dependents will be piloted for bargaining unit employees during FY 2005.  such benefit shall be administered in accordance with Regent policy.”