UUP ESC Labor Management Meeting

9:00 A.M. – 11:00 A.M.

Monday, February 11, 2008

Saratoga Springs , NY

 

Labor: Jacqui Berger, Richard Butler, Jay Gilbert, Reynolds Jones, Maureen Seidel, NYSUT Labor Relations Specialist.

Management : Leslie Cohen, Marjorie Lavin, Mitch Nesler.

 

UUP ESC Chapter Agenda

 

1. The UUP ESC Chapter again requests a copy of the 2007-2008 Empire State College guideline for starting payments for tutors and evaluators, first requested at the August 15, 2007 Labor-Management meeting.

Management provided a two page guideline titled “Administrative Guidelines for Adjunct Faculty Payment Effective September 1, 2007”

 

2. As agreed at the December 12, 2007 Labor-Management meeting, the UUP ESC Chapter wishes to discuss a schedule with Management, for jointly developing a method for eligible part-time employees to check their own accruals of vacation leave and sick leave from their attendance records, as provided in Article 23.9 of the 2003-2007 Agreement.

Management stated that long term, the college will move to an on-line system for monitoring accruals, hopefully later this year. Under the paper based system, people can keep a copy of their attendance record.

 

Labor responded that many part-time members do not know their accrual totals, and have not been made aware that they should be filling out attendance records. The college needs a process that works so those eligible to accrue annual and sick leave need to understand their eligibility, be given the forms to fill out; and be given responsibility for completing the forms monthly.

 

Management agreed on a short-term basis to give information to the Deans, so part-timers can be shown what they have in the way of accruals. Longer term issues of accrual notification for eligible part-time employees will be addressed on the agenda of the March 2008 Labor-Management meeting.

 

3. The UUP ESC Chapter requests a continuation of the discussion with Management about the process agreed upon by both parties for making changes of any kind to the new ESC procedures for evaluation of Academic faculty. The UUP ESC Chapter wishes to hear from Management if they have become aware of any issues in the current implementation of the new ESC procedures for evaluation of Academic faculty. The UUP ESC Chapter will make ESC Management aware of any such issues of which it becomes aware. When such issues are identified by either party, the UUP ESC Chapter is prepared and willing to discuss with Management a mutually agreeable procedure to solve them.

Mitchell Nesler presented two written reports to the group. They appear as attachment 2 to this report, “SALE Issues, January 14, 2008”; and attachment 3, “Student Assessment of Learning Experiences, Aggregate Results: January 2008.” From his written reports, Mr. Nesler highlighted issues that arose as his office administered the survey, as well as the actions taken in response to these issues.

 

Labor thanked Mitch Nesler for his tremendous amount of work, and for identifying a number of issues with implementation of the SALE. At this point, Mitch Nesler left the meeting.

 

Labor indicated that, as discussed in the December Labor-Management meeting, what is being done by Management is not in conformity with the procedures in the signed Memorandum of Agreement. Specifically, any proposed changes cannot be implemented unilaterally by either party – they have to be agreed to jointly. Labor therefore is invoking its right to constitute a new negotiating team, to clarify formally with Management how any proposed changes are to be accomplished. Labor will formally notify the President of the need to restart negotiations, and will include a list of items for clarification that it has identified, as well as Items identified by management

 

4. In reference to the letter of January 3, 2008 to UUP (copy to Leslie Cohen) from the Director of Employee Relations, Office of the Vice Chancellor, the State University of New York, the UUP ESC Chapter requests a copy of the appointment letter(s) that will be used to re-issue and issue appointment letters to all part-time employees in compliance with Article 30.4 of the Agreement between UUP and the State of New York. Further, the UUP ESC Chapter requests a copy of the schedule by which Empire State College will comply with the conditions stated in the referenced letter.

Management agreed that new letters must be consistent with the terms of the agreement. Management is still fashioning the process for new draft of letters and will implement a plan that will be vetted, put in place, and shared with Labor.

 

Labor stated that it will be going back to the Chancellor’s office to report that the grievance resolution is not being implemented in a timely way, and to request enforcement of their granting of our grievance

 

5. The UUP ESC Chapter requests a discussion of Empire State College’s procedure for determining eligibility and enrollment of part-time employees in health insurance and retirement programs.

Management reiterated the terms of the Memorandum of Agreement between UUP and ESC, setting equivalent eligibility for health insurance contained in Article 39.12. Part-time employees who teach two courses in a time frame are eligible for health insurance. The time frames are: July 1 to October 31; November 1 to the end of February; and March 1 to June 30. An adjunct teaching, for example, one course in a September term, and one course in a November term, would not be eligible since these terms are in different time frames.

 

For retirement systems, individuals who are members of TRS are able to continue TRS when they join Empire State College. Adjunct faculty on a temporary appointment can participate in ERS or TRS; if they are on a term appointment, they can participate in an ORP. This information is explained in the appointment letter they receive.

 

6. The UUP ESC Chapter has been made aware of a group of part-time professional employees whose professional obligation, as stated in their performance programs, is primarily mentoring and primary mentoring. The UUP ESC Chapter wishes ESC management to explain why these employees have not been hired as Academics.

Management is not aware of this, and will look into it. Labor will get the title for Management, and discussion of this issue will be continued on the agenda of the March 2008 Labor-Management meeting.

 

 

7. The UUP ESC Chapter again requests that management provide the lists of employee names and information covered in item #2 of the July 16, 2007 Labor-Management meeting:

a. All part time professional employees including name, percentage of appointment, center, and contact information.

b. All part-time academic employees including name, percentage of appointment, center (primary & additional centers), and contact information.

Management stated that the office of Human Resources sent Labor a list of separation/new hires/leave in an e-mail message in November, 2007, to conform to the requirements stated in Article 16.4 of the Agreement. This report will be sent to Labor in November, March, and July. Labor reminded Management that Section 16.4 of the Agreement contains the same information as Section16.1.

 

8. The UUP ESC Chapter is still receiving reports of centers placing attachments on attendance records. The UUP ESC Chapter again requests that Deans be instructed to treat monthly attendance records only as specified in Article 23.9 of the Agreement between UUP and New York State.

Labor stated that this issue, discussed at the August 15, 2007 Labor-Management meeting, was to have been corrected by management. Labor reiterated that attendance records for UUP-represented employees are self-reports; others are not to track UUP members and attach anything to attendance records. Labor reported this practice to be continuing at the Niagara Frontier Center, and will report to Management any other centers where such practice is occurring.

 

9. The UUP ESC Chapter requests an update and a discussion on ESC management’s project to develop guidelines for evaluating the teaching and mentoring portion of professional obligation for academic faculty.

Management stated that its intent is not to develop guidelines for evaluating, but rather for “assigning and managing teaching and mentoring.” President Joyce Elliottt has appointed a follow-up group to continue this work: Joyce Elliott (President), Deborah Amory (Dean CNYC), Jonathan Franz (Dean GVRC), Amy Ruth Toble (Associate Dean, HVC), Bill Ferrero (VP Finance), Mitch Nesler (Consultant to the Committee), Carol Carnevale (Faculty Chair, CDL), Duncan Ryan-Mann (Faculty Chair, NFC). The committee will be meeting in late February or early March. As a point of information, Labor conveyed concern among the faculty about the relatively few faculty serving on this committee.