AGREEMENT
This Agreement between Rutgers,
The State University (hereinafter called the "University") and the Rutgers
Faculty, represented by the RUTGERS COUNCIL OF THE AMERICAN ASSOCIATION
OF UNIVERSITY PROFESSORS CHAPTERS (hereinafter called the "AAUP") is made
and entered into on this 23rd day of January, 1998.
I - PURPOSE
The parties recognize and declare
that it is their mutual goal to maintain a harmonious relationship in determining
conditions of employment. To this end they mutually enter into this agreement
intended to state the employment relations between the University and the
AAUP.
II - ACADEMIC
FREEDOM
The parties hereto recognize
the principles of academic freedom as adopted by the University's Board
of Governors on January 13, 1967.
III - RECOGNITION
1. The University recognizes
AAUP as the sole and exclusive bargaining representative of all Rutgers
University faculty members, teaching assistants and graduate assistants
as hereinafter defined. Groups of employees may be added or deleted by
mutual consent of the parties.
2. The terms "faculty member"
and "faculty members" shall include all of the following academic personnel
currently employed or to be employed by Rutgers to discharge at least one-half
(50%) of a full-time academic job assignment:
(a) All faculty members with
the rank of professor, associate professor, assistant professor, instructor,
assistant instructor, lecturer, research associate and adjunct faculty
who are engaged in instruction, research, or other academic service; and
(b) Members of the research,
library, general extension, and cooperative extension staffs and those
others, who, by virtue of University regulations hold equivalent rank (see
Appendix A) to the faculty categories enumerated in (a) above.
(c) Faculty members who are
engaged in instruction and/or research for fifty percent or more of their
time during the academic year and who hold the title of associate dean,
assistant dean, assistant to dean or academic director.
3. The terms "graduate assistant"
and "graduate assistants" and "teaching assistant" and "teaching assistants"
shall include all University personnel holding the titles of graduate assistant
and teaching assistant.
4. Excluded are all officers
of administration including deans, associate deans, assistant deans, assistants
to deans, academic directors who are not engaged in instruction or research
for fifty percent or more of their time during the academic year, visiting
professors, honorary professors, fellows, all members of the coadjutant
staff, all those persons who administer or help to administer a major academic
unit or program of the University, and all other employees of the University.
5. Teaching assistants and
graduate assistants shall be covered by this Agreement except to the extent
specifically provided for herein.
IV - NONDISCRIMINATION
In the application of provisions
of this Agreement or University regulations and policies affecting terms
and conditions of employment, there shall be no discrimination by the University
or the AAUP against any member of the bargaining unit because of race,
creed, color, sex, religion, national origin, marital status, age, disability,
status as a Vietnam-era or disabled veteran, sexual orientation, membership
or non-membership in or activity on behalf of or in opposition to the AAUP.
Grievances in respect to this
provision applicable to Article IX shall be heard as Category Two grievances.
V - DEDUCTION
OF PROFESSIONAL DUES
The University agrees to deduct
on a pro-rata basis from each biweekly paycheck the annual AAUP professional
dues of each member of the bargaining unit as defined herein, for whom
the AAUP furnishes to the University a voluntary written authorization
for such deduction, on a form acceptable to the University. Bargaining
unit members must submit written withdrawals of their authorization to
the AAUP. It is the AAUP's responsibility to transmit such withdrawals
of authorization to the University. The University will continue to deduct
dues until it receives the withdrawal of authorization from the AAUP. The
amount of AAUP professional dues shall be such amount as may be certified
to the University by the AAUP at least 30 days prior to the date on which
deduction of AAUP professional dues is to be made. The University shall
remit to the AAUP all professional dues deducted pursuant hereto every
two weeks together with a list of names of members of the bargaining unit
from whose pay such deductions were made.
VI - REPRESENTATION
FEE
1. Representation Fee Deduction
The parties agree that as of
the effective date of this Agreement all employees in the bargaining unit
who are not, and do not become, members of the Rutgers Council of AAUP
Chapters, authorizing dues deduction, shall have deducted from their salaries
and forwarded to the Rutgers Council of AAUP Chapters a representation
fee in a manner and in an amount as provided below, provided that more
than 50% of the faculty members of the bargaining unit have authorized
the deduction of dues in accordance with Article V of this Agreement. Therefore,
as of the second payroll date in July of each year of this Agreement, or
any extension thereof, if more than 50% of the faculty members of the bargaining
unit who receive paychecks on that date have authorized the deduction of
dues in accordance with Article V of this Agreement, then, for the twelve-month
period, commencing as of the first payroll date in September of the same
year of this Agreement, representation fees shall be deducted from the
salaries of members of the bargaining unit who have not authorized the
deduction of dues. If on the second payroll date in July of any year of
this Agreement, or any extension thereof, less than or equal to 50% of
the faculty members of the bargaining unit have authorized the deduction
of dues in accordance with Article V of the Agreement, then, for the twelve-month
period commencing as of the first payroll date in September of the same
year of the Agreement, no representation fees shall be deducted from the
salary of any member of the bargaining unit.
Deduction of representation
fees in accordance with the provisions of this Article shall continue during
any extension of this Agreement. Each party reserves its rights concerning
continuation and/or discontinuation of deduction of representation fees
at the expiration of this Agreement, any extension of this Agreement, or
during the interim period between Agreements.
2. Representation Fee Amount
At least 30 days before the
effective date of the representation fee, or any subsequent modification
thereof, the AAUP shall notify the University of the representation fee
sum to be deducted from non members' salaries. Any change in the representation
fee shall be made upon written notification to the University.
3. The representation fee shall
be deducted from non members' salaries in biweekly installments only in
accordance with Section 1. above and as provided herein. Representation
fee deductions from the salaries of all nonmember employees shall commence
on or after but in no case sooner than the 30th day following the beginning
of an employee's employment in a bargaining unit position or the l0th day
following reentry into the bargaining unit for employees who previously
served in bargaining-unit positions and who continued in the employ of
the University in a non-bargaining-unit position. For the purpose of this
Article, academic year employees shall be considered to be in continuous
employment.
If, during the course of the
year, the bargaining-unit member authorizes deduction of dues, the University
shall cease deducting the representation fee and commence deducting the
AAUP dues after the AAUP furnishes to the University a voluntary written
authorization for such deduction in accordance with Article V of this Agreement.
Conversely, if, during the course of the year, the AAUP member directs
the University to cease AAUP dues deductions, the University shall commence
deduction of the representation fee in accordance with Article V of this
Agreement. After deduction, representation fees shall be transmitted to
the AAUP in the same manner and in the same time as AAUP dues.
4. Indemnification
The AAUP shall indemnify and
save harmless the University against any and all claims, demands, suits,
judgments, settlements, or any other forms of liability including reasonable
counsel fees and other costs of defense, that shall arise out of or by
reason of action taken or not taken by the University for the purpose of
complying with any of the provisions of this Article, including but not
limited to, any actions in connection with defending the legality of this
indemnification provision.
a. The liability of the AAUP
to indemnify the University for costs of defense shall not exceed in any
year of this Agreement the total amount received as representation fees
by the AAUP during said year. This limitation of liability shall not apply
to any orders, judgments, or settlements which require restitution of funds
forwarded to the AAUP.
b. Neither the University nor
the AAUP will challenge the legality of indemnification provisions of this
Article. In the event this indemnification of the University by the AAUP
is challenged in any forum by any person or entity, the University and
the AAUP agree to defend the legality of the indemnification provision.
In the event that this indemnification provision is deemed to be illegal
or against public policy by any court or administrative agency or competent
jurisdiction, then effective the date on which the AAUP no longer remits
payments to the University as provided hereinabove, the AAUP agrees it
will eliminate the representation fee in effect at that time.
c. The University shall retain
its right to determine its course of conduct, including but not limited
to, the right to select counsel and determine strategy, in any action arising
out of or by reason of the provisions of this Article.
d. The University shall not
challenge the legality of the representation fees provided for in this
Article in any forum.
e. A detailed statement of
services rendered in connection with counsel fees referred to hereinabove
shall be provided to the AAUP on a quarterly basis. The AAUP shall remit
payment to the University within 30 days after receipt of each such statement.
f. The indemnification provisions
of this Article shall continue during any extension of this Agreement or
during any period in which the AAUP is collecting representation fees in
accordance with this Article.
VII - DESIGNATION
OF AAUP REPRESENTATIVES AND THEIR PRIVILEGES
1. The University and the AAUP
agree to recognize the designated representatives of each for the purposes
of collective negotiations, such designation to be made in writing by each
party to the other. This designation shall not preclude others, in reasonable
numbers, from attending collective negotiations at the invitation of either
party for the purpose of providing factual knowledge or expertise with
respect to a particular subject for collective negotiations.
2. The University agrees that
faculty members designated by the AAUP may be released from a portion of
their instructional responsibilities to attend to official AAUP business.
The AAUP will reimburse the University for such release at the rate of
$3,000 per credit hour of instruction. For noninstructional faculty, the
percentage of release time will be based on the normal assignment for all
duties, and the percentage of salary reimbursed by the AAUP to the University
will be equal to the percentage of release time, up to a maximum amount
of $18,000.
The AAUP shall in writing notify
the Vice President for Administration and Associate Treasurer of those
individuals whom the AAUP wishes to designate for such release time as
provided above. Such notice for instructional faculty shall indicate the
specific instructional duties from which the faculty member requests release
and shall be provided in a timely manner which permits the University to
determine whether the release is consonant with the needs of the academic
program. Such notice for noninstructional faculty shall specify the percentage
of the faculty member's professional time and the specific duties from
which release is sought and shall be provided in a timely manner which
permits the University to determine whether the release is consonant with
the needs of the academic program. Such requests for release may not be
unreasonably denied, and a written statement of the reasons for denial
shall be given to the AAUP upon request within 10 working days of that
request.
The AAUP shall each year in
writing inform the Vice President for Administration and Associate Treasurer
of the identity and terms of office of the AAUP officers and the nature
of their responsibilities. In addition, the Vice President for Administration
and Associate Treasurer shall in writing inform appropriate deans and other
academic officers serving as superiors to the duly elected officers of
the AAUP of the identity of these officers and the nature of their responsibilities.
3. Representatives of the AAUP
shall be permitted to transact official business on University property
at all reasonable times, provided that this shall not interfere with or
interrupt normal University operations.
4. The AAUP and its representatives
shall have the right to use University buildings at all reasonable hours
for meetings provided they follow regular University procedures.
5. The AAUP shall have the
right to make reasonable use of the University facilities and equipment,
including duplicating, computing and office equipment, and available audiovisual
equipment, all in accordance with University procedures. The AAUP shall
pay reasonable costs for the use of facilities and equipment.
6. The AAUP shall have the
right to post bulletins and notices to the employees it represents, relevant
to official AAUP business, without seeking permission or approval.
VIII - SALARY
PROVISIONS AND HEALTH INSURANCE BENEFITS
Subject to the appropriation
of and allocation to the University by the State of adequate funding for
the specific purposes identified for the full period covered by this Agreement,
the following economic provisions shall apply:
FACULTY SALARY PROVISIONS
I. Fiscal Year 1995-96
None.
II. Fiscal Year 1996-97
All persons who are members
of the faculty on June 30, 1996 and who continue to be employed as faculty
members as of the effective date of this Agreement, shall receive a $250
bonus, not added to base salary.
III. Fiscal Year 1997-98
A. For all persons who are
members of the faculty on June 30, 1997 and who continue to be employed
as faculty members as of the effective date of this Agreement, there shall
be, effective July 1, 1997, a 2.15% increase across-the-board, based on
the July 1, 1994 salary schedule.
B. In addition, all persons
who are members of the faculty on June 30, 1997 and who continue to be
employed as faculty members as of the effective date of this Agreement,
shall, effective July 1, 1997, be eligible to receive academic service
increments which shall be distributed in accordance with a program established
and administered by the University, as specified in the Faculty Academic
Service Increment Program, in Appendix B. Academic service increments will
total $3,500,000 on an annualized basis in 1997-98. Faculty members at
or above the top range and step of their respective ranks may receive an
academic service increment pursuant to this program. Steps shall be added
to the top range of each rank for this purpose.
IV. Fiscal Year 1998-99
A. For all persons who are
members of the faculty on June 30, 1998 and who continue to be employed
as faculty members on July 1, 1998, there shall be, effective July 1, 1998,
a 2.29% increase across-the-board, based on the July 1, 1997 salary schedule.
B. For all persons who are
members of the faculty on December 31, 1998 and who continue to be employed
as faculty members on January 1, 1999, there shall be a 0.56% increase
across-the-board, based on the July 1, 1998 salary schedule.
C. In addition, all persons
who are members of the faculty on June 30, 1998 and whose employment as
faculty members continues beyond that date shall, effective August 8, 1998,
be eligible to receive academic service increments which shall be distributed
in accordance with a program established and administered by the University,
as specified in the Faculty Academic Service Increment Program, in Appendix
B. Academic service increments will total $4,900,000 on an annualized basis
in 1998-1999. Faculty members at or above the top range and step of their
respective ranks may receive an academic service increment pursuant to
this program. Steps shall be added to the top range of each rank for this
purpose.
V. Faculty Promotional Salary
Adjustments
A. For promotions effective
July 1, 1995:
1. The faculty member will
receive a promotional increment equal to 10% of his/her salary in effect
on July 1, 1995 for his/her 1994-95 rank.
2. The faculty member will
then be placed at the appropriate dollar amount, as derived from 1. above,
on the salary schedule in effect on July 1, 1995 for his/her new rank at
the lowest range that will permit his/her placement at a point not higher
than step 16 of a range. If the required dollar amount has not been reached
by step 16 of the highest range for the rank, then the faculty member will
be placed on that range (extended, if necessary) at the appropriate dollar
amount above step 16.
B. For promotions effective July
1, 1996:
1. The faculty member will
receive a promotional increment equal to 10% of his/her salary in effect
on July 1, 1996 for his/her 1995-96 rank.
2. The faculty member will
then be placed at the appropriate dollar amount, as derived from 1. above,
on the salary schedule in effect on July 1, 1996 for his/her new rank at
the lowest range that will permit his/her placement at a point not higher
than step 16 of a range. If the required dollar amount has not been reached
by step 16 of the highest range for the rank, then the faculty member will
be placed on that range (extended, if necessary) at the appropriate dollar
amount above step 16.
C. For promotions effective July
1, 1997:
1. The faculty member will
receive the salary increase effective July 1, 1997 appropriate for his/her
1996-97 rank, range, and salary as provided in III.A. above.
2. The faculty member will
then receive a promotional increment equal to 10% of his/her salary in
effect on July 1, 1997 for his/her 1996-97 rank.
3. The faculty member will
then be placed at the appropriate dollar amount, derived from 1. and 2.
above, on the salary schedule effective July 1, 1997 for his/her new rank
at the lowest range that will permit his/her placement at a point not higher
than step 16 of a range. If the required dollar amount has not been reached
by step 16 of the highest range for the rank, then the faculty member will
be placed on that range (extended, if necessary) at the appropriate dollar
amount above step 16.
D. For promotions effective July 1, 1998:
1. The faculty member will
receive the salary increase effective July 1, 1998 appropriate to his/her
1997-98 rank, range, and salary as provided in IV.A. above.
2. The faculty member will
then receive a promotional increment equal to 10% of his/her salary in
effect on July 1, 1998 for his/her 1997-98 rank.
3. The faculty member will
then be placed at the appropriate dollar amount, derived from 1. and 2.
above, on the salary schedule effective July 1, 1998 for his/her new rank
at the lowest range that will permit his/her placement at a point not higher
than step 16 of a range. If the required dollar amount has not been reached
by step 16 of the highest range for the rank, then the faculty member will
be placed on that range (extended, if necessary) at the appropriate dollar
amount above step 16.
VI. Compensation for Department
Chairs in Fiscal Years 1997-98 and 1998-99
At the discretion of the dean, a department chairperson, during each year
of service, may receive additional
compensation in the form of a bonus.
The bonus shall not become part of an individual's base salary and shall
be payable during the
period of service.
By March 1, 1998, and by December 1, 1999, the University will provide
to the AAUP a list of those individuals who will receive compensation subject
to the terms of this provision. The list will include
the name of the individual, the name of the department or program and unit,
and the amount of the
compensation.
The total funds available for such bonuses in fiscal years 1997-98 and
1998-99 shall be a maximum of
$125,000 each year.
VII. Special Professorial
Titles
Members of the faculty with special
professorial titles (Named Professors, University Professors, incumbents
of Endowed Chairs) can be placed, at the discretion of the University,
on the salary range for special professorial titles. Faculty members placed
on the salary range for special professorial titles shall continue to be
eligible for all the provisions of Article XXIII and of this Article for
which they otherwise would have been eligible, including academic service
increments under provisions III.B. and IV.C. of Article VIII.
VIII. Special Negotiations
At the request of the University
at any time during the period of this Agreement, the AAUP and the University
shall negotiate special salary schedules applicable to specific disciplines
and ranks for a specified period.
Faculty members placed in accordance with this provision at a special salary
above the maximum salary for their rank, as set forth in Appendices C,
D, E and F to this Agreement, shall continue to be eligible for all the
provisions of Article XXIII and of this Article for which they would otherwise
have been eligible, including academic service increments under provisions
III.B. and IV.C. of Article VIII.
IX. Placement on Salary
Schedules
Every faculty member will be placed
on a range and step of the regular, special, or extended salary schedules.
TEACHING AND GRADUATE ASSISTANTS
- SALARY PROVISIONS
X. Fiscal Year 1995-96
A. Effective July 1, 1995,
the following Teaching and Graduate Assistant salary schedule will be in
effect:
AY CY
Teaching Assistant I 11086 12749 Graduate Assistant I
Teaching Assistant II 11186 12864 Graduate Assistant II
Teaching Assistant III 11286 12979 Graduate Assistant III
B. In addition, all individuals
who held appointments as teaching or graduate assistants during the 1994-95
fiscal year and who received an appointment as a teaching or graduate assistant
during the 1995-96 fiscal year:
1. at step I shall be placed
on step II on the above 1995-96 schedule.
2. at step II shall be placed
on step III on the above 1995-96 schedule.
XI. Fiscal Year 1996-97
A. Effective July 1, 1996,
the following Teaching and Graduate Assistant salary schedule will be in
effect:
AY CY
Teaching Assistant I
11086 12749 Graduate Assistant I
Teaching Assistant II 11186 12864 Graduate Assistant II
Teaching Assistant III 11286 12979 Graduate Assistant III
B. In addition, all individuals
who held appointments as teaching or graduate assistants during the 1995-96
fiscal year and who have received an appointment as a teaching or graduate
assistant during the 1996-97 fiscal year:
1. at step I shall be placed
on step II on the above 1996-97 schedule.
2. at step II shall be placed
on step III on the above 1996-97 schedule.
C. In addition, all full-time
TA/GAs who were employed as of June 30, 1996 and who continue to be employed
as TA/GAs as of the effective date of this Agreement, shall receive a $250
bonus, not added to base salary.
XII. Fiscal Year 1997-98
A. Effective July 1, 1997,
the following Teaching and Graduate Assistant salary schedule will be in
effect:
AY CY
Teaching Assistant I
11586 13324 Graduate Assistant I
Teaching Assistant II 11686 13439 Graduate Assistant II
Teaching Assistant III 11786 13554 Graduate Assistant III
B. In addition, all individuals
who held appointments as teaching or graduate assistants during the 1996-97
fiscal year and who received an appointment as a teaching or graduate assistant
during the 1997-98 fiscal year:
1. at step I shall be placed
on step II on the above 1997-98 schedule.
2. at step II shall be placed
on step III on the above 1997-98 schedule.
XIII. Fiscal Year 1998-99
A. Effective July 1, 1998,
the following Teaching and Graduate Assistant salary schedule will be in
effect:
AY CY
Teaching Assistant
I 12136 13956 Graduate Assistant I
Teaching Assistant II 12236 14071 Graduate Assistant II
Teaching Assistant III 12336 14186 Graduate Assistant III
B. All individuals who held
appointments as teaching or graduate assistants during the 1997-98 fiscal
year and who receive an appointment as a teaching or graduate assistant
during the 1998-99 fiscal year:
1. at step I shall be placed
on step II on the above 1998-99 schedule.
2. at step II shall be placed
on step III on the above 1998-99 schedule.
XIV. In addition, all Teaching
and Graduate Assistants who continue to be employed as of July 1, 1997
and who, for the years 1995-1996, 1996-1997 and 1997-1998, held less than
a full time appointment for at least one semester or who held a one semester
full time appointment shall receive a one time cash bonus of $75 for each
semester during which they held such an appointment. Such bonuses shall
be paid as soon as practicable following the effective date of this agreement
for the academic years 1995-96, 1996-97, and the fall semester of 1997-98,
and at the completion of the spring semester 1998 for that semester. All
Teaching and Graduate Assistants who hold either less than a full time
appointment for at least one semester or who hold a one semester full time
appointment shall receive a one time cash bonus of $75 in each semester
in which they hold such an appointment during 1998-1999. Such bonuses shall
be paid at the completion of the semester.
HEALTH INSURANCE BENEFITS
XV. All members of the unit
who are eligible for health insurance benefits coverage under P.L. 1961,
c. 49 (NJSA 52:14-17.25 et seq.) shall pay premium or periodic charges
therefor on the same basis and to the same extent as established by the
State Health Benefits Commission for employees for whom there is no majority
representative. This shall be implemented as of the end of the annual open
enrollment period following the effective date of this agreement.
IX - GRIEVANCE
PROCEDURE
The purpose of this Article
is to provide a fair and effective procedure for identifying issues, articulating
and resolving problems, and disputes.
A. Grievances under this
Procedure.
A. 1. A grievance under this
Article IX is defined as:
Category One:
An allegation that, with respect
only to those provisions of this Agreement which affect mandatorily negotiable
terms and conditions of employment, there has been a violation of such
a provision or provisions of this Agreement which has affected mandatorily
negotiable terms and conditions of employment of a member or members of
the bargaining unit. Excluded from Category One are all allegations concerning
provisions of this Agreement when those provisions specify that grievances
concerning them shall be considered as a Category Two grievance.
or
Category Two:
An allegation that, with respect
only to those University policies, agreements, administrative decisions,
or Regulations which affect mandatorily negotiable terms and conditions
of employment, there has been a misrepresentation, misapplication or violation
of such a University policy, agreement, administrative decision, or Regulation
which has affected mandatorily negotiable terms and conditions of employment
of a member or members of the bargaining unit.
An allegation that, with respect
only to those University policies, agreements, administrative decisions,
or Regulations which are not mandatorily negotiable but which intimately
and directly affect the work and welfare of members of the bargaining unit,
there has been a misrepresentation, misapplication or violation of such
a University policy, agreement, administrative decision, or Regulation
which has intimately, directly, and negatively affected the work and welfare
of members of the bargaining unit.
Also included in Category Two
are allegations concerning any matter which is mandated by law to be a
subject of a grievance procedure of the Agreement, such as grievances concerning
allegations of unjust discipline,1 and which has not been provided
for under Category One.
Also included in Category Two
are allegations of harassment of a member of the bargaining unit. Harassment
is intentional persistent or repeated differential treatment, without reasonable
cause, that negatively and directly affects the work and welfare of a member
of the bargaining unit.
A. 2. Excluded from this grievance
procedure are:
A. 2. a. All matters defined
grievable under the terms of other grievance procedures between the University
and the AAUP;
A. 2. b. An allegation regarding
the evaluation of a grievant for reappointment, promotion and/or tenure,
as provided in Article X of this Agreement;
A. 2. c. An allegation regarding
a violation of the University Regulations or this Agreement or established
policy or practice regarding reappointment of Teaching Assistants/Graduate
Assistants, as provided in Article XI of this Agreement.
A. 3. A grievance under this
Article may be filed by a bargaining-unit member or members, if more than
one member has been affected, or by the AAUP. A grievance filed by a member
or members of the bargaining unit may only be filed with the AAUP and will
be promptly transmitted to the Vice President for Administration and Associate
Treasurer by the AAUP.
B. Requirements for Filing.
B. 1. A grievance must be
filed in writing with the Vice President for Administration and Associate
Treasurer within six months of the date on which the grievant should reasonably
have known of the occurrence of the alleged violation, or within 30 working
days of the occurrence of the alleged violation if the grievant is requesting
an accelerated schedule. The written statement of the grievance shall specify
which allegations in the grievance are being filed as Category One or Two;
shall contain a statement of the facts surrounding the grievance; shall
specify the provision or provisions of the Agreement, Regulations, policies,
agreements, or administrative decisions which allegedly have been violated,
misapplied, or misinterpreted; and shall specify the relief sought. In
addition, where the substance of the grievance concerns a dispute between
bargaining-unit members, the grievance filing shall show evidence of an
effort to resolve the matter with the appropriate dean. Such efforts at
informal resolution of grievances shall not affect the timeliness requirements
of this procedure.
B. 2. The timeliness of a grievance
submitted from the New Brunswick campuses shall be determined by the date
on which the AAUP delivers it to the Office of the Vice President for Administration
and Associate Treasurer. Grievances submitted from the Camden, Newark,
or other program locations beyond the New Brunswick campuses may be mailed
to the AAUP by United States Postal Service, in which case the timeliness
of such a grievance shall be determined by the postmark. The AAUP shall
deliver such grievances to the Office of the Vice President for Administration
and Associate Treasurer within one day of receipt.
B. 3. Information, material,
and documents relevant to a grievance shall be provided, if available,
by either party upon written request of the other party within 15 working
days after the conclusion of mediation. If either party is unable to meet
the 15 working day time limit, it shall so notify the other party in writing,
explaining the reason. Limited requests for specific information essential
for an understanding of the grievance shall not unreasonably be denied
prior to the scheduling of mediation.
C. Mediation
C. 1. The goal of mediation
is to resolve grievances informally.
C. 2. A grievant may submit
any grievance that the parties agree is properly raised under this Article
to non-binding mediation prior to proceeding to Step One. Disputes between
the parties as to grievability shall not be submitted to mediation. Notice
of the desire to participate in non-binding mediation shall be given to
the University with the grievance filing.
C. 3. The mediation process
will be completed within 30 working days of the University's receipt of
the grievance filing.
C. 4. A pool of eight professional
arbitrator/mediators, jointly agreed to by the University and the AAUP,
shall be established for the duration of this Agreement except that twelve
months after the establishment of the pool either of the parties may reopen
negotiations about the membership of the pool. The AAUP and the University
shall utilize a selection procedure that insures both rotation in the use
of the mediators and random assignment of grievances to mediators.
C. 5. No more than a total
of six hours’ service by the mediator shall be permitted for each grievance
unless additional time is agreed to by the University and the AAUP.
C. 6. Unless the parties agree
otherwise, participants in mediation shall be limited to the mediator,
the grievant, no more than two AAUP representatives, no more than two University
representatives, and an individual, designated by the University, who is
closely concerned in the grievance. The University representative may be
the appropriate dean/director or the provost unless (a) he or she is alleged
to have committed one or more of the violations that form the subject matter
of the grievance or (b) the grievant, through the AAUP, notifies the University
that he/she believes mediation with that individual as University representative
would be pointless. In such cases, the Vice President for Administration
and Associate Treasurer or his/her designee shall be the University representative.
With the sole exception of the mediator, all participants in the mediation
must be employees of the University or of the AAUP but shall not be individuals
who bear the title of Counsel or Assistant Counsel. Unless the mediator
objects, the AAUP and the University may jointly agree that each may have
one nonparticipant observer present at a mediation session. Such observers
shall not participate in the mediation meeting in any manner.
C. 7. The format for mediation
shall be face-to-face discussions between the parties, with the assistance
of the mediator. However, the parties may, during the mediation session,
jointly agree to meet separately with the mediator, provided that at the
request of the parties, they again meet face-to-face before mediation is
concluded. The mediator shall be provided by the University with the grievance
filing in advance of the mediation session. The mediator shall decide whether
other documents are needed to advise the parties. Provision of such documents
by either of the parties shall be voluntary in response to requests from
the mediator. No official record of the mediation process shall be kept.
C. 8. The mediator shall attempt
to resolve the grievance. If a resolution is reached, it shall be reduced
to writing. No resolution of a grievance shall be a precedent in any other
grievance.
C. 9. If no resolution is reached
through mediation, the mediator shall present advice orally at the end
of the mediation. This advice shall not be introduced at any subsequent
grievance hearing or in any other proceeding.
C. 10. The costs of the mediator
shall be borne equally by the University and the AAUP.
C. 11. If no resolution is
reached through mediation, the grievance may be pursued at Step One of
this grievance procedure.
D. STEP ONE
D. 1. The Vice President
for Administration and Associate Treasurer or his/her designee(s) may conduct
such investigation as he or she may require in order to render a written
response, including meeting(s) with the grievant and other individuals
who are determined by the Vice President for Administration and Associate
Treasurer or the AAUP to be concerned in or to have knowledge of the matter.
If the grievant believes it necessary to meet with the Vice President or
his/her designee without other individuals concerned in the matter being
present, the grievant shall be afforded the opportunity to do so.
D. 2. The grievant will have
the opportunity to meet with the Vice President or his or her designee
if the grievant requests such a meeting within 10 working days of the filing
of the grievance. The meeting, whether requested by the grievant or by
the Vice President, shall be scheduled within 10 working days of the request
or within 10 working days of the conclusion of mediation.
D. 3. In instances where the
parties agree that the problem requires an accelerated schedule, if a meeting
is requested at the time the grievance is filed, it shall be scheduled
within five working days of the receipt of the grievance or the completion
of the mediation.
D. 4. Should the grievant fail,
without valid reason, or refuse to meet with the Vice President for Administration
and Associate Treasurer or his/her designee when such a meeting has been
requested either by the grievant or by the Vice President, the AAUP shall
not be permitted to invoke Step Two of the grievance procedure and the
decision of the Vice President for Administration and Associate Treasurer
or his/her designee at Step One shall be final.
D. 5. Where the grievant alleges
that the grievance concerns an immediate health or safety problem, the
grievance shall be heard on an accelerated schedule.
D. 6. The grievant may be assisted
by up to two representatives approved by the AAUP. The University shall
have the right to assume that any representative who appears with the grievant
is approved by the AAUP. The grievant's representatives shall be members
of the bargaining unit and/or AAUP staff. Although the University may request
members of the bargaining unit to participate in the investigation of,
and meetings about, a grievance, a member of the bargaining unit may not
be a designee of the Vice President for Administration and Associate Treasurer
or a formally designated representative of the University.
D. 7. Within 45 working days
of the conclusion of the mediation or within 45 working days of the notification
of a waiver of the mediation step by the AAUP, or within 15 working days
if the parties agree that the problem requires an accelerated schedule,
the Vice President for Administration and Associate Treasurer or his/her
designee shall render a written response, except that, in all events, the
Vice President or his/her designee shall have no fewer than 15 working
days subsequent to the Step 1 meeting(s) concerning the grievance to render
a written response.
D. 8. The Vice President for
Administration and Associate Treasurer or his/her designee shall simultaneously
submit his/her written response to the grievant and to the AAUP.
E. STEP TWO - ARBITRATION
E. 1. If the AAUP is not
satisfied with the disposition of the grievance at Step One, the AAUP--upon
written notification to the Vice President for Administration and Associate
Treasurer within 30 working days of receipt of the Step One decision, or
within 15 working days if the grievance has been heard on an accelerated
schedule at Step One--may appeal a Category One or a Category Two grievance
to arbitration.
E. 2. The written notice shall
set forth the issue or issues to be arbitrated and shall specify, as to
each issue, whether the AAUP presents it as a Category One or a Category
Two grievance.
E. 3. For the purpose of arbitration,
a pool of eight professional arbitrators jointly agreed to by the University
and the AAUP shall be established for the duration of this agreement except
that twelve months after the establishment of the pool either of the parties
may reopen negotiations about the membership of the pool. The list of arbitrators
may include individuals identified as mediators in C.4. but an individual
used as a mediator in a grievance shall not also be used as the arbitrator
in the same grievance.
E. 4. If the AAUP determines
that either it or an individual bargaining unit member(s) cannot arrive
at a decision on whether to proceed to arbitration within the 30 working
days provided herein, it will so notify the Vice President for Administration
and Associate Treasurer during this period. This notice will extend the
period for invoking arbitration for a period of 30 additional working days.
Additional extensions may be agreed to by the parties, and if such an agreement
is made it shall be set forth in writing. No extensions beyond the original
15 working days provided for filing of an appeal to arbitration shall be
available in instances where the grievance has been heard on an accelerated
schedule at Step One except by written mutual agreement of the parties.
E. 5. If no Step One decision
is rendered, the AAUP may appeal the grievance to arbitration within five
months of the last day on which the Step One decision would have been timely
rendered.
E. 6. Where a grievance concerning
a health or safety problem has been heard on an accelerated schedule at
Step One and has been timely appealed to arbitration, the AAUP and the
University will each make an effort to obtain a prompt hearing of the grievance
at arbitration.
E. 7. The arbitrator shall
conduct a hearing and:
E. 7. a. Binding Arbitration
In the case of Category One
grievances, render a decision which shall be final and binding on the AAUP,
the grievant(s), and the University;
or
E. 7. b. Advisory Arbitration
In the case of Category Two
grievances, render a recommendation to the Office of the President. The
President's decision will be final and binding for all internal University
purposes. Such decision will be rendered within 15 working days of receipt
of the arbitrator's report. If the President modifies or rejects the recommendations
of the arbitrator, he/she will set forth in writing the reasons for such
modification or rejection.
E. 8. The arbitrator's decision
or recommendation shall be rendered in accordance with law and not later
than 30 calendar days after receiving final submissions from the parties
unless the parties agree that more time is needed. The arbitrator shall
not have the authority to amend, alter, or in any way change a University
policy, Regulation, established practice, or provision of this Agreement.
E. 9. Any party may request
a stenographic record. If such transcript is agreed upon by the parties,
or in appropriate cases determined by the neutral arbitrator, to be the
official record of the proceeding, it must be made available to the arbitrator
and to the other party for inspection at a time and place determined by
the arbitrator. The total cost of such a record shall be shared equally
by those parties that order copies. Either party may tape the arbitration
proceeding, but the tape shall not constitute the official record. The
tape may be used only for the purpose of preparing the case and may not
be used for any other purpose or in any other forum.
E. 10. The costs and expenses
incurred by each party shall be paid by the party incurring the costs,
except that the fees of the neutral arbitrator and the fee, if any, of
the administering agency shall be borne equally by the University and the
AAUP.
F. Miscellaneous
F. 1. "Working Days" are
all days on which the administrative offices of the University are open
for business as specified in the administrative calendar. "Months" are
calendar months, and they are unaffected by any of the University's working
calendars.
F. 2. The time limits in this
Article may be extended at any time by written agreement of the parties
to this Agreement. Upon advance written notice to the AAUP and the University,
a grievant who is on an academic year appointment may request that some
or all of the period between Commencement and September 1 be excluded from
the time limits in this procedure. Such requests shall not be made unreasonably
and shall include the reasons for the request.
If the AAUP contends that the
University is in error in deciding that a grievance was not timely filed,
that contention shall be expeditiously submitted to binding arbitration
unless the parties to this Agreement mutually agree otherwise. Until the
timeliness matter is resolved, the grievance filed shall remain in abeyance.
However, if the University also has addressed the merits of the grievance
in its Step One response, a contention by the AAUP that the University's
decision on timeliness is in error shall be submitted as a threshold question
to the arbitrator selected pursuant to this Article. The arbitrator's decision
with regard to timeliness shall be binding. Similarly, if the University
has determined that a grievance is not timely filed and has not addressed
the merits, and if the arbitrator has found the grievance to be timely
and has referred it back to Step One for a consideration of the merits,
and if the AAUP appeals the subsequent Step One decision, and if less than
a year has elapsed since the arbitrator's decision on timeliness, the appeal
shall be heard by the same arbitrator who heard the timeliness issue.
F. 3. In order to assist the
AAUP in its determination as to whether or not the grievance should be
pursued beyond Step One, the Vice President for Administration and Associate
Treasurer or his/her designee, upon request of the AAUP, shall make available
to the AAUP a copy of any written policy, Regulation, agreement, or administrative
decision cited in his/her written response as a basis of the answer to
the grievance.
F. 4. Whether or not pursued,
this procedure shall constitute the sole and exclusive right and remedy
of bargaining-unit members and the AAUP for any and all claims cognizable
under this procedure. A written response at Step One which is not appealed
to Step Two by written notification to the Vice President for Administration
and Associate Treasurer in accordance with Section E.1. above shall be
considered a binding and final settlement of the grievance. If there is
no written response at Step One and the AAUP does not timely appeal to
arbitration, the grievance shall be considered as having been withdrawn.
F. 5. Exception as to Category
Two Grievances. If the AAUP does not timely invoke Step Two in accordance
with Section E.1. above, and the AAUP and/or the grievant(s) commence a
court proceeding pertaining to the grievance within 45 working days of
the last date upon which the AAUP could have timely invoked Step Two, the
defenses of exhaustion of remedies or exclusivity of the grievance procedure
will not be available to the University in such court proceeding. Nothing
contained herein shall be construed or implied as a recognition by the
University that the AAUP and/or grievant has any enforceable right against
the University with respect to any misinterpretation, misapplication, or
violation of University policy, agreement, administrative decision, or
Regulation.
F. 6. The exclusivity of remedies
and exhaustion of procedures provided for in this Article are not intended
nor shall they apply to rights of individual bargaining-unit members that
arise from sources independent of this Agreement, University policies,
agreements, administrative decisions, or regulations.
X - FACULTY
PERSONNEL GRIEVANCE PROCEDURE
The purpose of this Article
is to help ensure the integrity of the reappointment, promotion, and tenure
procedures; to provide a process for determining whether evaluations resulting
in negative personnel actions were flawed (as defined in A.1.) and to provide
remedies in cases where defects are found.
A. Definitions of a Grievance
and Grievant
A. 1. A grievance under Article
X is an allegation that, in the course of an evaluation which resulted
in failure to award reappointment, promotion, and/or tenure:
A. 1. a. there occurred a
material procedural violation of (i) the Academic Reappointment/Promotion
Instructions and/or their appendices applicable in the year in which the
grievant was evaluated, and/or (ii) Article XIV of this Agreement, and/or
(iii) a University regulation or an established practice of the University
related to reappointment or promotion. An established practice within the
meaning of this Article is one which is not inconsistent with either a
University Regulation or a provision of this Agreement. A violation is
material if it has an important influence or effect upon the evaluation.
or
A. 1. b. the evaluation was
based on (i) discrimination by an evaluator against the grievant because
of race, creed, color, sex, religion, national origin, marital status,
age, disability, status as a Vietnam-era or disabled veteran, sexual orientation,
membership or nonmembership in or activity on behalf of or in opposition
to the AAUP, or (ii) enmity by an evaluator against the grievant.
or
A. 1. c. the narrative of
an evaluator or evaluative body that recommends against reappointment,
promotion and/or tenure contains a material factual inconsistency with
the record as presented in the candidate's reappointment/promotion packet.
A factual inconsistency, as defined herein, does not encompass disagreement
by one level of evaluation with the academic judgment of any other evaluator
or evaluative body.
or
A. 1. d. the evaluation was
arbitrary and capricious, that is, not an academic judgment as defined
below:
A. 1. d. [1] Academic judgment
is the conclusion reached when a candidate's record is evaluated according
to the criteria set forth in the University Policy with Respect to Academic
Appointments and Promotions.
A. 1. d. [2] A candidate's
record has been evaluated in accordance with the criteria whenever reasonable
evaluators possibly could reach the conclusion arrived at based on the
application of the criteria. If the conclusion could not have been reached
by reasonable evaluators, connecting the record to their conclusions, the
evaluation fails to qualify as academic judgment.
A. 1. d. [3] In arriving at
academic judgment, reasonable evaluators may disagree on the ultimate decision
as to whether or not a candidate's record warrants promotion, reappointment,
and/or tenure. An academic judgment need not be the same decision other
evaluators or grievance committees might reach.
A violation, as defined above,
does not encompass disagreement with the academic judgment of any evaluator
or evaluative body.
A. 2. A grievant within the
meaning of this Article is a faculty member in the bargaining unit who
files a grievance under this Article. A grievant shall retain the right
to process a grievance to completion regardless of his/her employment status.
A. 3. The statement of grievance
shall be presented on a form mutually acceptable to the AAUP and the University
and must:
A. 3. a. identify the person(s)
and/or bodies who allegedly committed the alleged violations;
A. 3. b. explain what alleged
actions were committed or omitted and by whom;
A. 3. c. identify the level(s)
of evaluation affected by the alleged violations;
A. 3. d. identify and fully
explain the alleged violations in the evaluation of the grievant as specified
in A.1. above;
A. 3. e. to the extent possible,
set forth the evidence in support of the allegations and identify and attach,
if possible, any documents pertinent to the allegations;
A. 3. f. identify, to the extent
possible at the time of filing, potential witnesses and explain the nature
and the relevance of their testimony to the allegations; and
A. 3. g. request any documents
and/or other information needed to complete the presentation of the grievance,
explaining the relevance of the requested material to the alleged violations.
Additional requests for information may be made after the grievance statement
has been filed.
A. 4. A grievance may be resolved
informally by the grievant and the University at any time. The informal
resolution of a grievance shall not constitute precedent for the formal
or informal resolution of any grievance or for any other purpose. A grievance
filing shall normally provide evidence of an attempt to reach informal
resolution.
A. 5. Grievances concerning
original evaluations shall be brought before Grievance Committees as specified
in B. below. Grievances concerning remanded evaluations shall be brought
before the Faculty Appeals Board as specified in E. below.
B. Grievances Concerning Original
Evaluations
B. 1. Pre-Hearing Procedures
B. 1. a. An individual who
intends to file a grievance under this procedure must so notify the Vice
President for Administration and Associate Treasurer in writing within
30 working days of the date on which the AAUP receives notice of the negative
personnel action.
B. 1. b. Within 60 working
days, for candidates for reappointment or tenure, and 90 working days for
candidates for promotion to Professor or Professor II, of the date of the
letter of intent to file, as specified in a. above, the grievance statement,
as defined in A.3. above, shall be filed with the Office of the Vice President
for Administration and Associate Treasurer according to the rules specified
below. Such grievances shall be logged in as to date of receipt and a copy
forwarded within one working day to the AAUP and to the Reviewing Officer.
B. 1. c. Such grievances shall
be reviewed by the Reviewing Officer who shall determine if the grievance
filing complies with Section A.1. above and Section H. below. The Reviewing
Officer shall not address the substance of the grievance. He/she shall
confine his/her review to two questions:
B. 1. c. [1] Do the allegations
contained in the grievance statement conform to the definitions of an Article
X grievance as set forth in A. 1. above?
B. 1. c. [2] Are the letter
of intent to file and/or the grievance statement timely filed in accord
with B.1.a. and B.1.b. above?
B. 1. d. The Reviewing Officer
shall forward to the appropriate Provost's office each grievance statement
that meets the filing requirements within ten working days of the Reviewing
Officer's receipt of the grievance. At the same time, the grievance statement
shall be sent to the grievant and to the AAUP.
B. 1. e. If the Reviewing Officer
finds that a grievance statement does not meet the filing requirements,
he/she shall return it to the grievant within 13 working days with a written
statement specifying the defects leading to its rejection. A copy of such
statement shall at the same time be sent to the AAUP. If the Reviewing
Officer is unable to meet the deadlines specified herein, he/she shall
so notify the AAUP in writing.
B. 1. f. Unless the Reviewing
Officer has held the grievance to be untimely, the grievant may resubmit
a revised statement within ten working days of receipt of the letter rejecting
the grievance. Such resubmission to the Reviewing Officer shall be handled
according to the above procedure. Failure to resubmit a revised statement
within ten working days or to appeal the Reviewing Officer's action as
provided below shall constitute withdrawal of the grievance.
B. 1. g. If the Reviewing Officer
finds the grievance to be untimely, the grievant may appeal this finding
to the Permanent Referee, as provided below.
B. 1. h. In the event the grievant
does not accept the action taken by the Reviewing Officer:
B. 1. h. [1] The grievant
may submit the issue in writing to the Permanent Referee. Such submission
must be accompanied by the Reviewing Officer's finding and be made within
ten working days of receipt of the Reviewing Officer's action. A copy of
the submission shall be at the same time sent to the Reviewing Officer.
Within ten working days of
the University’s receipt of the grievant’s submission to the Permanent
Referee, the University may submit a response to the Permanent Referee.
B. 1. h. [2] The Permanent
Referee shall not address the substance of the grievance. He or she shall
confine his or her review to two questions:
B. 1. h. [2] [a] Do the allegations
contained in the grievance statement conform to the definitions of an Article
X grievance as set forth in A. 1. above?
B. 1. h. [2] [b] Are the letter
of intent to file and/or the grievance statement timely filed in accord
with B.1.a. and B.1.b. above?
B. 1. h. [3] The Permanent Referee
shall review the submissions and render a decision in writing within ten
working days of receipt of the submission. No hearings will be conducted
before the Permanent Referee unless the Permanent Referee requests a hearing
after receipt of written submissions by the parties. If a hearing is conducted,
neither party may be represented by an attorney. The Permanent Referee
shall make a judgment on the question(s) presented and the decision shall
be final and binding on the grievant, the AAUP and the University.
B. 1. h. [4] If the Permanent
Referee sustains the claim that the grievance filing meets the filing requirements,
or should be accepted as timely filed, he or she shall forward the grievance
statement to the appropriate Provost's office with notice of acceptance
to the grievant, the AAUP, and the Reviewing Officer.
B. 1. h. [5] If the Permanent
Referee rejects the claim that the grievance statement meets the filing
requirements, he or she shall notify the grievant, the AAUP and the Reviewing
Officer of his/her decision in writing. If the grievance has been rejected
for reasons other than timeliness, the grievance may be revised and resubmitted
according to the provisions of B.1.f. above. The decision of the Permanent
Referee shall explain the reasons for rejecting the grievant's claim. Copies
of the decision shall be sent to the AAUP and the Reviewing Officer.
B. 1. h. [6] The decision of
the Permanent Referee shall be binding on the grievant, the University,
and the AAUP.
B. 1. i. Within 25 working days
of receipt of the grievance statement, the University shall forward the
grievance statement to the Grievance Committee, with copies to the grievant
and the AAUP, and shall at the same time, forward a written response to
the particulars of the grievance, and the grievant's reappointment/promotion
packet, excluding the supplementary materials and the external confidential
letters of evaluation. The University's response shall address each allegation,
shall identify and attach, if possible, any documents pertinent to the
grievance, and identify potential witnesses and explain the nature and
the relevance of their testimony to the allegations.
B. 1. j. Within 20 working
days of a request for documents and/or information (See A.3.g. above.),
the University shall, insofar as it is possible for it to do so, make available
to the grievant all relevant requested documents and information, other
than outside confidential letters and the promotion packets of other faculty.
B. 1. k. Outside confidential
letters of recommendation are those letters received in response to solicitation
pursuant to the Academic Reappointment/Promotion Instructions. Outside
confidential letters of recommendation shall not be made
available to the grievant or
to his/her advisors, or to the University Representative for the purpose
of the grievance, nor shall they be offered or admitted into evidence before
the Grievance Committee.
In those cases in which the
outside confidential letters of recommendation are a factor in a grievance,
evidence respecting the contents of the letters may be introduced only
by the grievant or the University Representative through a written report
by two neutral readers of the letters through the following procedure:
B. 1. k. [1] If the grievant
asserts that the outside confidential letters are a factor in a grievance,
the AAUP shall so notify the University when filing the grievance statement
or earlier if possible. At the same time the AAUP shall inform the University
of the name of the neutral reader selected by the grievant and shall indicate
what questions the grievant wishes the neutral readers to answer in regard
to the outside confidential letters.
B. 1. k. [2] Upon receipt of
the AAUP's notice concerning the letters, the University shall name a second
neutral reader.
B. 1. k. [3] The grievant and
the University may select as a neutral reader any current member of the
faculty at the rank of professor or above who has served within the past
7 years as a member of the Promotion Review Committee, an Advisory Committee
on Appointments and Promotion, or as a dean, and who has not participated
in the evaluation.
B. 1. k. [4] The grievant may
request that one or both of the following questions be addressed by the
neutral readers: (1) In the opinion of the neutral readers, is the content
of the letters inaccurately characterized or distorted in the narratives
of the evaluators? If so, explain. (2) In the opinion of the neutral readers,
have the evaluators relied in their assessments on letters that exhibit
discrimination, as defined in section A.1.b. above, enmity against the
grievant, or that are arbitrary and capricious, as defined in section A.1.d.
above? If so, explain.
In addition to answering the
questions specified above, the neutral readers will also be permitted to
provide additional comments if the readers wish to do so.
B. 1. k. [5] The letters and
the questions shall be provided to the neutral readers in the office of
the provost or the Vice President for Administration and Associate Treasurer.
The neutral readers shall meet to review the letters and prepare their
report at a time mutually convenient to them within 20 working days of
their selection. During their review session, the neutral readers shall
review the letters and the promotion packet and shall jointly draft a written
response to the questions. If the neutral readers have a significant difference
of view, they may express that difference in their written report. The
neutral readers shall not take the letters into their own possession, shall
not copy the letters, and shall take every precaution to protect at all
times the confidentiality of the contents of the letters and the identity
of the writers.
Neither the grievant, the AAUP,
nor the University shall take any action that compromises the neutrality
of the readers.
B. 1. k. [6] The signed and
dated report of the neutral readers shall be forwarded to the AAUP by the
University within two working days of its receipt by the University.
B. 1. k. [7] After receipt
of the report of the neutral readers, either the grievant or the University
may request that the Grievance Committee review the external confidential
letters. Once the Grievance Committee receives the letters, the Committee
shall not make them available to the University Representative, the grievant,
his/her advisors, or to the AAUP and shall take every precaution to protect
the confidentiality of the contents of the letters and the identity of
the writers. The Grievance Committee members shall return all copies of
the promotion packet and the external confidential letters to the University
Representative once the Committee has rendered its decision.
B. 2. Hearing Procedures
B. 2. a. The Grievance Committee
shall make a good faith effort to meet to hear the grievance within 10
working days of receipt of the material specified in B.1.i. above, and
may request at the time of scheduling that the grievant and/or the University
be prepared at that meeting to present the testimony of witnesses on specific
issues raised in the grievance statement, to further explain specific issues
raised in the grievance statement, to present additional documentation,
and/or generally to present their case.
B. 2. b. The chair of the Grievance
Committee is responsible for the conduct of the hearing. The total time
allotted to the hearing of a grievance ordinarily shall not exceed two
working days, generally equally apportioned to the grievant's presentation
and the University's response, unless the Committee approves a request
by either side for additional time. The Grievance Committee may pose any
questions it deems appropriate to the grievant, the grievant's representative,
the University Representative, or to any individual whose testimony is
presented by the University or the grievant.
B. 2. c. The University Representative
shall be the person designated by the University to present its case. The
University Representative shall be identified in the University's response.
If the University changes its Representative, it will notify the AAUP.
The University Representative may be assisted by two advisors who shall
also be identified in the University's response.
B. 2. d. The grievant may be
represented and assisted by two advisors. The grievant's advisors shall
be named in the grievance statement. If the grievant changes his/her advisors,
the grievant will notify the University Representative.
B. 2. e. The University Representative,
the University Representative's advisors, and the grievant's advisors shall
be employees of the University or of the AAUP, unless the parties agree
to waive this requirement in individual instances.
B. 2. f. If the grievant, the
grievant's adviser(s), the University Representative or the University
Representative's advisors offer(s) testimony, he/she may be questioned
by the other party or by the Grievance Committee.
B. 2. g. All of the grievant's
allegations shall have been specified in the grievance statement. However,
where information relevant to an alleged violation becomes known subsequent
to the filing of the Grievance Statement, the grievant may file an amendment
to the Grievance Statement. In such instance, the proposed
amendment should be in writing
in the form of a memorandum addressed to the grievance committee, with
a copy to the University Representative, which provides full information
about the new allegation in accordance with Section A.3 of this procedure,
and which explains the reasons why the grievance statement is being amended
at that time. The University shall have 5 working days within which to
respond to the amendment. If the University Representative agrees that
the new allegation is properly within the definition of a grievance in
accordance with Section A.1. above, the amendment shall be accepted.
If the University Representative
does not accept the new allegation as appropriate to this procedure, the
grievant may forward his/her proposed amendment to the Reviewing Officer
immediately, and it will be processed in accordance with Section B.1.c.
above.
B. 2. h. Within five working
days of the final hearing session, the Committee shall make a good faith
effort to render a decision in writing. The decision shall address all
allegations raised in the grievance. For each allegation, the Grievance
Committee shall determine if the alleged violation has been proven. For
each allegation sustained by the Grievance Committee, the Committee shall
identify who committed the specific violation and which level of evaluation
was affected by the violation. The Committee shall not make judgments as
to whether the grievant should receive reappointment, promotion, and/or
tenure. Further, the Committee will address and make findings about only
those allegations set forth either in the grievance statement or an amendment
to it and pursued by the grievant. The Committee's decision, recorded on
a form agreed to by the AAUP and the Vice President for Administration
and Associate Treasurer, shall be binding on the University, the grievant,
and the AAUP. The Grievance Committee shall send its decision to the grievant,
the AAUP, the University Representative, the appropriate provost, the Vice
President for Administration and Associate Treasurer, and to each evaluator
or evaluating body concerned in a violation sustained by the Grievance
Committee. It is University practice to exclude from remanded evaluations,
evaluators against whom charges of discrimination or enmity have been sustained.
B. 2. I. The grievant has the
burden of proof. The burden of proof shall be met when the preponderance
of evidence about an alleged fact and/or alleged violation is sufficient
to sustain the allegation.
B. 2. j. If the Grievance Committee
sustains the grievance, it shall order a remand, which is the sole and
exclusive remedy under this procedure.
B. 2. k. When a remand is ordered
by a Grievance Committee, the Committee, the grievant, and the appropriate
officer of the University shall meet as soon as possible, but no later
than within 10 working days of receipt of the decision by the AAUP and
the University, to discuss the Committee's findings and its recommendations
to correct the identified defects.
B. 2. l. If the University
and the grievant reach agreement concerning the remand, it will be reduced
to writing and signed by the University and the grievant. Such remedy shall
be implemented promptly.
B. 2. m. If no agreement is
reached within 10 working days of the meeting referred to in B.2.k. above,
the University shall issue instructions for the remanded evaluation with
copies to the grievant and the AAUP. Such remand shall be implemented promptly
and shall be fashioned to remedy identified defects. The instructions shall
constitute the 30-day notice, pursuant to Article XIV of this Agreement.
B. 2. n. If the grievant alleges
that the University's instructions for the remand procedure do not eliminate
a violation that was found by the Grievance Committee, the grievant may
request in writing, within five working days of receipt of the instructions,
that the Vice President for Administration and Associate Treasurer meet
with the grievant and the grievance committee to discuss the remand instructions,
after which he/she will provide a binding decision to the University as
to whether or not the instructions eliminate the defects found by the Grievance
Committee. The remand procedure may not be challenged in any other way
until it has been implemented by the University and a decision on the reevaluation
has been made.
B. 2. o. In a remanded evaluation,
items listed on the original Form 1 may be updated by an addendum to Form
1 to reflect changes in status in those items. No changes may be made in
the original Form 1.
B. 2. p. Any individual or
any representative of a body against whom allegations are brought may be
present at the hearing, unless the grievant objects. If, however, the grievant
is represented or assisted by a member of his/her own department, he/she
may not object to the presence of a department member or any other member
of the bargaining unit against whom an allegation has been made. In addition,
other observers of the hearing are permitted with the consent of the grievant
and the University representative.
B. 2. q. Either party may tape
record the proceedings of the hearings, but the tape shall not constitute
an official record. The tape may be used only in the grievance hearing
or for the purpose of preparing the case and may not be used for any other
purpose or in any other forum.
B. 2. r. Each grievance shall
be considered de novo, and no decision or finding from one grievance
may be introduced or referred to as precedent in any other grievance. However,
a grievant shall be permitted to introduce as evidence in a grievance proceeding
the decision in a prior grievance filed by him/herself.
C. Confidentiality
The University and the AAUP
have a vital interest in confidentiality in order to preserve the
impartiality of the process, the reputation of the institution, and the
peace of the academic environment. Therefore, all participants in a grievance
proceeding have an obligation to maintain strictly the confidentiality
of that proceeding.
C. 1. The grievance statement,
University response, associated documents, identities of witnesses, and
evidence presented at the hearing shall be kept confidential by all concerned,
except that the grievant or the University may make disclosure only to
the extent necessary and only to potential witnesses and/or persons against
whom allegations have been made and/or persons the party has reason to
believe may be able to assist in the preparation and/or presentation of
that party's case. Such disclosure shall be limited in scope to those aspects
of the case the party has reason to believe are relevant to disclosee's
potential testimony or other assistance. The form and content of such disclosure
shall be sensitive to the concerns outlined above, and shall in no case
include providing tape recordings or transcripts of the proceedings to
persons other than the Grievance Committee members, grievant, counselor,
co-counselor, university representative, and his/her designated assistant.
Each witness to whom disclosure
is made shall be identified to the other party before that witness's testimony
is given.
Each person to whom disclosure
is made shall be provided, prior to disclosure, a copy of this confidentiality
provision and the no reprisals provision (G.2.), and shall not use the
information about the grievance for any other purpose.
C. 2. The grievance proceeding
shall be conducted in confidence, including only those participants in
the process specified in the procedures set forth in this Article and such
observers as may be mutually agreed to by the grievant and the University
Representative.
C. 3. During the course of
the grievance (from the filing of the letter of intent through the Appeals
Board decision) there shall not be exerted or caused to be exerted, pressure
on any individuals involved in the grievance.
An allegation of a violation of
confidentiality shall be made to the Grievance Committee which shall render
a binding decision concerning the propriety of the breach and continuing
participation of any participant, except the grievant, who, in the judgment
of the committee, has violated confidentiality.
D. Settlement of Procedural Questions Arising During a Grievance Committee
Hearing
D. 1. A question arising
during the processing of a grievance under this procedure concerning the
interpretation and/or application of this procedure may be raised by the
grievant or the University Representative as a matter for determination
by the Grievance Committee.
D. 1. a. In the event the
Grievance Committee declines to determine the matter or the grievant or
the University Representative is not satisfied with the soundness of its
interpretation and/or application, that procedural issue shall be referred
to the Permanent Referee, in accordance with Section D.3. below.
D. 1. b. If such issue is referred
to the Permanent Referee, the grievant and/or the University Representative
may request that the hearing be suspended pending his/her review.
D. 1. c. If suspension is not
requested, the hearing may proceed to consider matters on which no issue
of interpretation or application of this procedure has been raised.
D. 1. d. A ruling made by the
Grievance Committee on the interpretation or application of this procedure
that is not referred by the grievant or the University Representative to
the Permanent Referee at the time of such ruling shall be binding for this
and only this case.
D. 2. A question concerning a
matter of procedure not specifically addressed by this procedure shall
be referred within two working days of the date the issue arose to the
parties to this Agreement (AAUP and the University) for a joint determination
that shall amend the procedure on this question.
Should the AAUP and the University
fail to reach such agreement within five working days of submission to
them, the question may be submitted to the Grievance
Committee by either party for
an ad hoc procedure to be implemented in the instant case as a reasonable
solution to the issue at hand. Any such ad hoc procedure shall not
be a precedent in any other case. The Grievance Committee shall render
a decision within seven working days of the date the matter was submitted
to it.
D. 3. The Permanent Referee
shall have the authority to make binding decisions on the interpretation
and/or the application of provisions of this procedure where such issues
are referred to it under the provision of D.1. Matters so referred shall
be handled as follows:
D. 3. a. The grievant and/or
University Representative shall submit their respective claims in writing
to the parties to the Agreement (AAUP and the University) within two working
days of the date the issue arose. The parties shall each prepare a written
position on the issue to be forwarded to the Permanent Referee, with each
party copying the other, within five working days of receipt of the statement
of claim.
D. 3. b. Either the AAUP or
the University may request a hearing on the matter before the Permanent
Referee. Such request shall be made at the time of the party's submission
of its position to the Permanent Referee.
D. 3. c. If no hearing is requested,
the Permanent Referee may request a meeting with the parties to this Agreement
to discuss the matter. Any hearing or meeting shall take place within five
working days of the Permanent Referee's receipt of the parties' submissions.
D. 3. d. The Permanent Referee
shall render his/her decision on the matter within seven working days of
the receipt of the parties' submissions. A ruling by the Permanent Referee
on the interpretation and/or application of this Agreement shall be binding
on the grievant, the University and the AAUP.
D. 3. e. The decision of the
Permanent Referee shall be rendered in accordance with law and shall be
within the scope of his or her authority as provided in this procedure.
E. Appeals of Remanded Evaluations
E. 1. Letters of intent to
grieve and grievance statements, as defined in B. above, shall be filed
with the Office of the Vice President for Administration and Associate
Treasurer in accordance with the schedule and provisions therein.
E. 2. Within 25 working days
of receipt of the grievance statement, the Vice President for Administration
and Associate Treasurer shall forward the grievance statement to the Faculty
Appeals Board and shall, at the same time, forward a written response to
the particulars of the grievance, with copies to the grievant and the AAUP.
The University's response shall address each allegation and shall identify
and attach, if possible, any documents pertinent to the grievance. The
University shall also forward, at the same time, the grievant's reappointment/promotion
packet, and make available to the Appeals Board, the external confidential
letters of evaluation, and, if the Faculty Appeals Board so requests, shall
also make available the supplementary materials to the reappointment/promotion
packet.
E. 3. If the grievant intends
to request documents and/or other information from the University, he/she
shall do so in writing at the earliest possible time, preferably prior
to filing the grievance statement. All such requests shall explain the
relevance of the requested information or documents to the alleged violations.
E. 4. External confidential
letters of recommendation shall not be made available to the grievant or
to his/her advisors, or to the University Representative for the purpose
of this proceeding. The Faculty Appeals Board shall exercise all due diligence
in protecting the confidentiality of the external letters and shall return
all copies of the promotion packet and the external confidential letters
to the University Representative once the Board has rendered its decision.
E. 5. The Faculty Appeals Board
shall make a good faith effort to meet to hear the appeal no later than
within one month of receipt of the material specified in E.2. above. If
there is more than one grievance before the Appeals Board, priority shall
be given to hearing and deciding grievances in which the grievant's employment
is due to terminate. If the Faculty Appeals Board deems the caseload to
warrant it, the Board may constitute, from among its members and/or alternates,
two or more three-member panels. Generally, the Faculty Appeals Board will
review only the written record, except that the grievant, at his/her request,
shall have the right to appear before the Board for up to one hour for
the purpose of presenting his/her case and answering any questions the
Board might have. The grievant may be accompanied by his/her AAUP representative.
The University Representative shall be present and shall have the opportunity
to respond. At its sole discretion, the Board may request from the grievant
or the University Representative additional materials or oral or written
explanations.
E. 6. The Faculty Appeals Board
shall render a decision in writing. The Board may a) deny the grievance;
b) order a remanded evaluation; or c) recommend to the President that the
faculty member receive reappointment, promotion and/or tenure. A denial
of the grievance is final and binding on the grievant, the AAUP, and the
University, and no further grievance or appeal may be made by the faculty
member. An order for a remanded evaluation is binding on the grievant,
the AAUP, and the University, and, if a remand is ordered, the Faculty
Appeals Board shall provide advice to the University in structuring the
remand. A recommendation to the President that the faculty member receive
reappointment, promotion, and/or tenure must be considered by the President.
The action of the President, subject only to action by the Board of Governors,
shall be final and binding on the grievant and the AAUP, and no further
grievance or appeal may be made by the faculty member.
F. Composition and Selection
of Permanent Referee, Grievance Committees and Faculty Appeals Board
F. 1. Permanent Referee
The University and the AAUP
shall jointly select a professional arbitrator who shall serve as the Permanent
Referee for a period of 12 months, beginning in the month of April of each
year. The Permanent Referee shall be jointly briefed by the University
and the AAUP at the beginning of his/her appointment.
The fees of the Permanent Referee
shall be borne equally by the University and the AAUP.
F. 2. Grievance Committees
F. 2. a. Grievance Committees
shall be composed of 3 tenured faculty bargaining unit members who are
100% in bargaining unit titles, selected at random from the pool that includes
the unit in which the grievance arose, except that no person shall serve
on a Grievance Committee for a case in which he/she has participated in
the evaluation process, nor shall any person be obligated to serve on a
grievance committee more than once every three years. The AAUP shall notify
the grievant of the committee's membership.
The University and the AAUP
shall jointly agree to the units comprising each of the grievance pools.
F. 2. b. Each Grievance Committee
shall be constituted no later than October 15. Within ten working days
of constitution of the Committee, the grievant may challenge, in writing
and stating the reason, the participation of any Grievance Committee member
for cause. Such a challenge shall be directed to the University Representative
by the AAUP. If the University and the AAUP cannot resolve the matter,
it shall be referred to a faculty member selected jointly each year by
the AAUP and the University. This individual shall receive only the grievant's
written challenge and the University's written response, a copy of which
shall be provided to the AAUP. The grievant may, within ten working days,
provide a written rebuttal limited to points raised in the University response.
The jointly selected faculty member shall render a final and binding decision
within eight working days and shall notify the faculty member in case of
removal.
F. 2. c. The members of each
Grievance Committee shall designate one of their members as chairperson
of the Committee.
F. 2. d. Faculty members selected
to serve on a Grievance Committee shall participate in a joint University-AAUP
briefing before being empaneled. The purpose of the briefing is to ensure
that the Committee members understand the procedure and their role in the
grievance process. Only persons who have participated in a briefing may
serve on a Grievance Committee.
F. 3. Faculty Appeals Board
The Faculty Appeals Board shall
consist of five members and four alternates from among the tenured faculty
of the University, appointed by the President in the spring of each year
for the following academic year. The AAUP may provide advice to the President
on membership of the Faculty Appeals Board prior to March 1. The members
of the Faculty Appeals Board shall select their own chair and a vice-chair.
Decisions of the Faculty Appeals Board shall be by majority vote of the
members participating in the particular proceeding. At least three of its
members must participate in any proceeding. No person shall serve on the
Faculty Appeals Board for a case in which he/she has participated in the
evaluation process.
The AAUP shall notify the grievant
of the Board's members and alternates. If a grievant wishes to challenge
for cause the participation of any member of the Faculty Appeals Board,
he/she shall do so in writing within ten working days of the constitution
of his/her Board, explaining the reason at the time of filing the grievance
statement. The parties shall attempt to resolve the challenge informally.
If the matter cannot be resolved informally, the chair of the Faculty Appeals
Board shall make a final and binding determination as to whether or not
to accept the challenge. If the challenge is directed against the chair,
the vice-chair shall make a determination about the challenge and shall
act as chair for that particular proceeding.
F. 4. There shall be no ex
parte communication with the members of the Faculty Appeals Board
under any circumstances.
Scheduling of the Faculty Appeals
Board hearings shall be done by the secretary to the Assistant Vice President
for Faculty Affairs. The secretary to the Assistant Vice President for
Faculty Affairs shall also perform word processing and related tasks for
the Faculty Appeals Board with respect to the production and distribution
of their written decision. If any panel of the Faculty Appeals Board needs
support services beyond those specified above, the request shall be presented
at the same time to the secretary of the Assistant Vice President for Faculty
Affairs and the AAUP’s Grievance Administrator, and the parties shall forthwith
jointly address the request.
G. Miscellaneous
G. 1. Grievance Committees
do not have the authority to substitute their judgment for the academic
judgment of persons charged with the responsibility for making such judgment.
Further, neither the Grievance Committees nor the Faculty Appeals Board
shall have the authority to amend, alter, or in any way change a provision
of this Agreement, a University Regulation, or an established practice
of the University.
G. 2. No reprisals shall be
taken against any grievant, advisor, witness, or member of a Grievance
Committee or the Faculty Appeals Board for participation in the grievance
process. Claims of any such reprisals shall be grievable under Article
IX, Category One.
G. 3. If a Grievance Committee
finds for the grievant, the grievant shall receive a twelve-month extension
of employment beginning July 1 following the decision.
If the Faculty Appeals Board
either orders a remand for the grievant or recommends to the President
that the faculty member receive reappointment, promotion and/or tenure,
the grievant shall receive a twelve-month extension of employment beginning
July 1 following the decision.
G. 4. A grievant shall not
be evaluated while an Article X grievance is pending.
G. 5. It is the understanding
of the AAUP and the University that all parties to the grievance procedure,
including the Grievance Committee, the grievant, the grievant's representatives,
the University's Representatives, and witnesses presented by the grievant
and the University, are charged with the responsibility for cooperating
in the scheduling and hearing of the grievance in an expeditious manner.
G. 6. There shall be no ex
parte communication regarding the substance of the grievance with
the Grievance Committee or with the Faculty Appeals Board by the grievant,
the University Representative, or their advisors, the AAUP, or the University
administration.
G. 7. This Article X grievance
procedure, whether or not pursued, shall constitute the sole and exclusive
right and remedy of bargaining-unit members for all claims cognizable under
this procedure. Decisions by a Grievance Committee or the Faculty Appeals
Board as provided for in this Article X grievance procedure shall be considered
a binding and final settlement of the grievance. The exclusivity of remedies
and exhaustion of procedures provided for above are not intended nor shall
they apply to rights of individual bargaining-unit members that arise from
sources independent of this Agreement, University policies, agreements,
administrative decisions, or regulations. Should a member of the bargaining
unit seek to exercise such a right, this Article X grievance procedure
shall be held in abeyance for any portion of a grievance while any court
or agency proceeding, brought by the AAUP or the grievant and concerning
the substance of that portion of the grievance, is pending. In the event
that a court or agency makes a binding determination on the substance of
that portion of the grievance, this Article X grievance procedure shall
no longer be available for that portion of the grievance. Nothing in this
provision shall be construed or implied as a waiver by the University of
the defenses of exhaustion of remedies or exclusivity of the grievance
procedure.
In the event of a final adjudication
according to law with respect to Article IX F.5. or Article X G.7. that
grievances involving the same subjects as charges or actions brought in
other forums may not be held in abeyance and/or are not subject to exclusion
from the grievance procedure, any grievances which were not processed by
the University, pursuant to Article IX F.5. or Article X G.7. shall, at
the option of the grievant or the AAUP, be revived and all rights of the
grievant as of the time that the grievance or any portion thereof was held
in abeyance shall be preserved. With respect to such grievances or portion
thereof, the University shall not have available upon revival the defenses
of timeliness, waiver or election of remedies.
H. Time Limits
H. 1. For the purpose of
this procedure, "working days" are all days on which the administrative
offices of the University are officially open for business as specified
in the administrative calendar.
H. 2. Grievances submitted
from New Brunswick shall be delivered to the Office of the Vice President
for Administration and Associate Treasurer, in which case the delivery
date will establish the timeliness of the filing. Grievances submitted
from the Camden and Newark campuses as well as other locations outside
New Brunswick shall be sent by United States mail to the Vice President
for Administration and Associate Treasurer, in which case the postmark
date will establish the timeliness of filing.
H. 3. Requests for extensions
of any of the time limits specified in this grievance procedure may be
granted only by mutual agreement of the University and the AAUP.
H. 4. If a member of the bargaining
unit intends to file an appeal to the Faculty Appeals Board and it is likely
that his/her employment with the University would terminate prior to the
date of a decision by the Faculty Appeals Board if the normal time schedule
set forth in these procedures were followed, the grievant shall have the
opportunity to utilize an accelerated schedule, as set forth below:
H. 4. a. The grievant must
notify the Vice President for Administration and Associate Treasurer in
writing of his/her intent to file a grievance within ten working days of
the date on which the AAUP receives notification of the negative personnel
action and must indicate that he/she is utilizing the accelerated schedule.
H. 4. b. Within 20 working
days of the date of the letter of intent to file, as specified in H.4.a.
above, but no later than ten working days prior to June 21, the grievance
statement, as defined in A. 3. above, shall be filed with the Office of
the Vice President for Administration and Associate Treasurer.
H. 4. c. Within ten working
days of receipt of the grievance statement, but no later than June 21,
the University shall forward the materials specified in section B.1.i.
above.
H. 4. d. The Faculty Appeals
Board shall meet to hear the appeal within five working days of receipt
of the material specified in B.1.i. above. If possible, the Faculty Appeals
Board will render its written decision within five working days of its
meeting. If that is not possible, the Faculty Appeals Board will render
an oral decision within five working days and will render its written decision
within ten working days, but no later than June 30.
H. 4. e. If the grievant fails
to meet any deadline set forth in this accelerated procedure, he/she shall
lose all right to utilize it, and the grievance shall be heard in accordance
with the regular time schedule set forth in this Article X grievance procedure.
XI - TEACHING
ASSISTANT/GRADUATE ASSISTANT PERSONNEL GRIEVANCE PROCEDURE
This procedure is designed
to expedite the resolution of problems which arise in connection with the
reappointment of Graduate Assistants and Teaching Assistants at the University.
The graduate student should, in the first instance, attempt to resolve
any problem which arises with his/her supervisor as expeditiously as possible.
In the case of a Teaching Assistant, this usually will be the professor
in charge of the course; for a Graduate Assistant, this usually will be
the director of the research project on which he or she is working. The
dean of each academic unit which enrolls graduate students will designate
an individual on his/her staff to assist graduate students in achieving
informal resolution of problems. The graduate student is encouraged to
seek such assistance as part of his/her attempt to reach informal resolution.
If the problem cannot be resolved
through the informal means described above, the graduate student shall
have access to the grievance procedure described below.
1. A grievance under this
Article XI is defined as any claimed violation of University Regulations,
this Agreement, or established policy or practice regarding reappointment
of Teaching Assistants/ Graduate Assistants, and excludes all other grievance
procedures and matters grievable under their terms.
2. At any step in the grievance
procedure, the grievant may request participation of an AAUP-appointed
representative. A maximum of two such representatives may be active at
any one time.
3. In each of the steps described
below, the following conditions shall be understood:
a. The grievant may be accompanied
by an observer and may be assisted by a representative in presenting the
case.
b. The time limits prescribed
for decision-making may be extended at any time as may be mutually agreed
upon in writing by the parties.
c. The substance of all proceedings
will be confidential.
Step 1 - The grievant shall
address the matter to the appropriate graduate director, chairperson of
the department, or designee, within which he or she is employed. Five working
days from initial presentation will be allowed for effective resolution.
Step 2 - If resolution
is not achieved at Step 1, the grievant shall submit an appeal, in writing,
to the appropriate Student Appeals Committee or Academic Standing Committee
of the academic unit in which the grievant is enrolled as a student. A
list of such committees shall be compiled annually and shall be on file
in the Office of the Vice President for Administration and Associate Treasurer.
Concurrently, a copy of the appeal shall be sent to the AAUP and to the
Vice President for Administration and Associate Treasurer. The Committee
shall be allowed 20 working days from the date of its receipt of the student's
written appeal.
Step 3 - The Student
Appeals Committee or Academic Standing Committee shall present its recommendation
in writing to the Provost/Dean of the Graduate School (in New Brunswick),
the Associate Provost for Research and Dean of the Graduate School (in
Newark), or the Provost/Dean of the Graduate School (in Camden), or a designee
of that officer. That individual shall have 20 working days following receipt
of the Committee's recommendation to accept, reject, or otherwise modify
the recommendation. The recommendation of the Committee shall be deemed
to have been accepted if no action is taken on it within the prescribed
period.
XII - TEACHING
ASSISTANTS/GRADUATE ASSISTANTS
A. Notification of Criteria
for Appointment and Reappointment
Academic departments that have
employed Teaching Assistants in each of the previous three semesters shall
provide notice in writing of the departmental criteria for such appointments
or reappointments. Individual contract letters shall be issued to Teaching
Assistants and Graduate Assistants upon appointment and reappointment and,
pursuant to the above provision, where written criteria for appointment
or reappointment exist, they shall be included with the appointment letter.
The University shall continue
to encourage all departments and programs when appropriate to appoint full-time
graduate students as full-time teaching and graduate assistants.
B. Notice of Reappointment
All currently employed Teaching
Assistants and Graduate Assistants shall be notified by the University
in writing of their status for the coming academic year on or before March
31 for Fall semester appointments and October 31 for Spring semester appointments.
Notification shall be either a) reappointment, b) non-reappointment, c)
waiting list, with reappointment contingent upon the availability of funding
or the meeting of other previously established and announced criteria.
Notification of non-reappointment shall include written explanation of
the reasons. Notification of waiting-list status shall indicate if reappointment
is contingent upon the availability of funding or the meeting of other
previously established and announced criteria or both. If notification
is of waiting-list status, a graduate student shall be further notified
of the number of Teaching Assistants and Graduate Assistants employed in
the department in the current year and the number of appointments already
offered in the department for the coming year. The names of those individuals
who receive notification of non-reappointment shall, to the extent feasible,
be forwarded to the AAUP within 20 working days of their receipt by the
individuals whom they concern.
A graduate student who is placed
on a waiting list shall be notified as soon as possible in regard to any
change in his/her status. If a graduate student on the waiting list requests
in writing, he/she shall receive a second notification in writing on or
before May 31 of the number of appointments already offered in the department
for the coming year.
C. Workload
Teaching Assistants who have
primary responsibility for a section shall normally be notified in writing
at least four weeks prior to the beginning of the semester of their assignment
for the coming year. All other Teaching Assistants and all Graduate Assistants
shall be notified of their assignments on or before the first day of class.
It is understood that unexpected circumstances may require modification
of assignments. If a Teaching or Graduate Assistant's assignment is changed
substantially subsequent to notification, the University will provide notification
in writing of the change. Graduate students may, at the time of their application
for a Teaching Assistant position, indicate any preference they may have
with regard to teaching assignments.
The individual assignment of
a Teaching Assistant or Graduate Assistant shall be consistent with the
current practice of the department or program. Because of the student status
of the Teaching Assistant and Graduate Assistant, and because of the variety
of duties which may be assigned, consistency with the practice within a
given department or program is a more reliable guide to the propriety of
individual workload assignments than any strict quantitative measure or
comparison with assignments in other departments or programs. Nevertheless,
except for special academic circumstances--for example, an emergent situation
in regard to laboratory research or intensive preparation for a performance--a
Teaching Assistant or Graduate Assistant with a standard appointment works
normally at the maximum rate of fifteen clock hours per week, or a prorated
portion thereof if the appointment is less than standard. Individual claims
that workload assignments are inconsistent with the practices of the department
or program shall be brought to the attention of that individual designated
in the appropriate dean's office, as described in Article XI, who shall
be responsible for investigating the claims and responding to them.
D. Term of Appointment
The term of the work year for
Teaching Assistants and Graduate Assistants with academic year appointments
is from August 25 to Commencement, or an equivalent period. However, the
terms of appointment for such Teaching and Graduate Assistants shall be
set forth as September 1 to June 30 for payroll purposes only. The period
of the work year prior to September 1 shall be used solely for orientation,
training, and preparation related to the Teaching or Graduate Assistant's
assignment.
The term of the work year for
Teaching Assistants and Graduate Assistants with calendar year appointments
is the entire year, with the exception of a vacation of one month.
E. Training
All Teaching Assistants shall
be required, as appropriate, to participate in a teaching-effectiveness
workshop or workshops. Such workshops shall be designed and conducted by
the Graduate Schools and, when appropriate, by individual departments and
programs which utilize teaching assistants, or by groups of related departments
and programs. Such programs shall be offered at a time that is within the
term of the work year.
F. Notification
The University will provide
to the AAUP a list of all Teaching Assistants and Graduate Assistants who
are on the payroll as of September 30 and January 31 of each year. Such
list shall be provided within ten working days after September 30 and January
31.
XIII and
XIV - FACULTY REAPPOINTMENT/PROMOTION
The University will furnish
to the AAUP each year, at least 15 working days prior to distribution,
a copy of all material contained in the promotion and reappointment packet
forms. All candidates shall be provided by the chair with a copy of the
current academic reappointment/promotion instructions and shall certify
that they have received the instructions. Upon request, a department chair
will provide a member of the faculty with a copy of the current academic
reappointment/promotion instructions.
1. a. Each faculty member
who is to be considered for reappointment or promotion shall be notified
by the department chairperson at least 30 days in advance that said consideration
shall take place.
b. A tenured faculty member
may request of the department chairperson that he/she be evaluated for
promotion. The request shall be granted for tenured members of the faculty
who have been at least six years in rank and have not been evaluated for
promotion for at least four years. Such evaluation shall be carried through
each level of review, including the Promotion Review Committee, unless
withdrawn by the candidate. Withdrawal after the candidate signs Form 2
constitutes an evaluation for the purpose of this paragraph 1.b.
c. The department chairperson
shall provide the faculty member with a signed and completed Recommendation
Information Form. Within five working days of its receipt, the faculty
member will sign and return the Form to indicate concurrence with its content,
or, if there is a dispute between the faculty member and the chairperson
as to the content of the Form which they are unable to resolve, the faculty
member shall so indicate by marking "dissent" next to his/her signature
and attaching an explanation to the Form.
d. The faculty member may submit
to the department chairperson any documents or materials he/she wishes
to have considered. The faculty member shall provide at least two copies
of such materials. A list, compiled by the faculty member, of the documents
submitted to the chairperson shall be attached to the promotion packet.
It shall be the responsibility of the chairperson to circulate that list
and all documents or materials submitted by the candidate, together with
any other relevant material, subject to 1.e. below, to the appropriate
reviewing bodies.
If the faculty member wishes
to include a lengthy unpublished manuscript and requires copying services,
he/she may contact the Graphic Design and Publications Center, Newark;
the Associate Dean for Student Life, Camden; or the Office of the Director
of Business Affairs and Administration, Faculty of Arts and Sciences, New
Brunswick at least 30 days prior to the date on which copies are needed.
The faculty member will be charged the prevailing rate for services so
provided. If the service cannot be provided, the candidate will be notified
promptly.
e. If any document or documents,
other than confidential outside letters of recommendation, the official
reappointment/promotion forms, continuation pages added to these forms,
reports of reading committees, supplements to confidential letters as provided
in 1.h. below, and materials submitted by the candidate, are added to the
promotion packet by an evaluative body, a copy of said document(s) shall
be transmitted immediately to the candidate; the candidate shall have the
right to submit a response or rebuttal within six working days. The response
shall be directed to that level of the evaluation at which the added document
was received and shall become a part of the promotion packet. Any documents
that are (1) physically present during the evaluation and (2) specifically
referred to during the deliberations of the evaluative body and (3) which
a majority of the evaluative body agrees have a direct bearing on the evaluation
must be added to the packet, in accordance with this procedure.
f. Subsequent to the commencement
of the evaluation and prior to January 25, the department chairperson shall,
upon request of the candidate, add to the packet evidence of a significant
change in the status of materials originally submitted by the candidate
if 1) the chairperson concurs that a significant change has occurred and
2) such change has occurred since the initiation of the evaluation. If
there is a dispute between the candidate and the chairperson as to whether
a significant change has occurred in the status of materials originally
submitted by the candidate, the Office of the Provost shall make the final
determination as to whether evidence of the change shall be added to the
packet.
Such additions to the packet,
as provided above, shall in all instances be submitted to the level of
review at which the candidate is then being evaluated. However, if the
addition occurs on or before December 1, the addition to the packet shall
also be circulated to each earlier level of review so that each earlier
level may revise its evaluation should it deem such revision warranted
by the addition. If the addition occurs after December 1, but on or before
January 25, it shall be circulated only to the dean and the Promotion Review
Committee, unless the department has made a negative recommendation concerning
the candidacy in question, in which case it shall also be circulated to
the department. The department, the dean, and/or the Promotion Review Committee
may revise the evaluation made at that level should such revision be deemed
by the department, the dean, or the Promotion Review Committee to be warranted
by the addition.
Except as provided in 1.e.
and 1.f., no other materials or documents may be introduced by the candidate
after the review process has commenced.
g. With the exception of confidential
outside letters of recommendation solicited in accordance with University
Regulations and those documents which are generally public knowledge such
as published student evaluations, published articles and other similar
documents, only those materials in the official file (Article XVIII), or
those materials added to the packet in 1.e. and 1.f. may be used in conducting
the review.
h. Outside letters of recommendation
shall be held in confidence and their use restricted to evaluation of the
faculty member.
A candidate may suggest potential
outside evaluators and may discuss with his/her department chairperson
qualified persons from whom letters may be solicited.
The candidate may prepare a
list of persons in his/her field from whom he/she prefers letters of evaluation
not be solicited. The candidate shall provide a written explanation for
the inclusion of each person on that list. If a letter of evaluation is
solicited from an individual on the candidate's list, the candidate's written
explanation shall be attached to the individual's letter of recommendation.
A department chair or dean may, at his/her discretion, also attach an explanation
for his/her decision to solicit a letter from the individual. Such attachments,
whether prepared by the candidate,
the department chairperson, or the dean, shall be held, like the letters
to which they refer, in confidence.
2. The candidate shall be notified
of the departmental decision by the departmental chairperson in writing
within five days from the date such decision is made. The candidate will
be notified in writing by the dean or his designee of the final decision
in the particular personnel action within ten days of receipt of the knowledge
that the final decision by the appropriate person or committee has been
made.
3. Each faculty member who
is appointed shall be given written notice of the criteria that will be
applicable in future reappointment or promotion evaluations, and those
criteria shall form the basis of future evaluations. If the applicable
criteria change, the University will provide written notice to the faculty
member of the newly applicable criteria. A faculty member who is evaluated
for and who fails to receive reappointment and/or promotion shall be so
notified. At the request of a faculty member, a written explanation of
the reasons for his/her non-reappointment or non-promotion shall be provided
by the dean.
4. Faculty members who hold
temporary titles may be considered for other appointments in accordance
with regular University practices and policies.
5. For candidates in the first
year of service requiring recommendation for reappointment, the departmental
process shall be initiated no later than the last week of the first semester
of service and shall be completed in time to conform to the appropriate
date of notification as specified in University Regulations.
6. For candidates beyond the
first year of service, the departmental recommendation shall be forwarded
at least one month prior to the required date of notification.
7. The University shall transmit
to the AAUP written notice of each positive or negative final decision
concerning promotion, tenure, or reappointment of faculty members in the
bargaining unit, within ten working days of final decision when action
by the Board of Governors is required and within 20 working days of final
decision when action by the Board of Governors is not required.
XV - PROFESSIONAL
DUTIES
The parties recognize that
the University accomplishes a variety of academic and professional services
including undergraduate, graduate, and professional instruction, research
and community service. The professional duties required of the faculty
shall be in accordance with the mission of the University.
Individual workload assignments
of members of the bargaining unit shall be consistent with the practice
of their department, program, or unit.
Claims of inconsistency with
such practices by members of the bargaining unit shall be grievable as
a Category Two grievance under the contract grievance procedure (Article
IX).
XVI - FAMILY
LEAVE AND DISABILITY RESULTING FROM PREGNANCY
This provision deals with
family leave and shall include leaves for pregnancy, post-pregnancy, disability
resulting from pregnancy, disability, parenting, and caregiving.
The AAUP and the University
shall jointly designate a member of the University community to assist
members of the bargaining unit in securing the benefits of this article.
The individual's department
shall be responsible for closing ranks. The close ranks practice must be
applied in an equitable and consistent manner. Claims that it is not being
applied equitably or consistently or that an individual is being inappropriately
denied his or her benefit shall be brought to the attention of that individual
designated above who shall investigate and respond.
A. Short-term disabilities caused
or contributed to by pregnancy, miscarriage, abortion, childbirth, and
recovery therefrom are, for all job-related purposes, treated like other
short-term disabilities. After pregnancy, a member of the bargaining unit
is entitled to a recuperative paid leave of up to three weeks, or a longer
period if the bargaining unit member continues to be disabled, except that
the bargaining unit member shall not have such an entitlement during any
period for which the bargaining unit member has been granted a family leave
or other leave without pay. All employment policies and practices involving
commencement and duration of leave, availability of extensions, accrual
of seniority and other benefits and privileges, and reinstatement and payment,
shall be applied to short-term disabilities due to the above causes as
they are applied to other short-term disabilities of members of the bargaining
unit.
B. Requests by a member of
the bargaining unit (faculty or TA/GA) for a leave of absence without pay
to provide care made necessary by reason of the birth or adoption of the
bargaining unit member's child or the serious health condition of a family
member shall be granted in accordance with the provisions of the State
of New Jersey Family Leave Act and in accordance with the provisions set
forth below. Upon request by a member of the bargaining unit, a written
explanation will be provided by the University for a denial of such a leave:
1. A request for such leave
shall be made as far in advance as is reasonably practicable.
2. A bargaining unit member
who requests a family leave shall endeavor, in the timing of such a leave,
to accommodate the needs of the academic program and the provision of instruction
to students.
3. In the event that such a
leave is taken for a full semester, the faculty bargaining unit member
may, at his/her option, have the entire year excluded from the probationary
period. A written statement requesting exclusion of the entire year shall
ordinarily be submitted by the faculty bargaining unit member to the dean
or director at the time the leave is requested and shall be part of the
official personnel file. This provision is not applicable to faculty bargaining
unit members in their terminal year.
4. A first year's leave of
absence without pay shall automatically extend the term of appointment
by a period equal to the time excluded from the probationary period. No
extension applicable to the final year of the faculty member's probationary
period may be requested or granted.
5. A second year's leave of
absence without pay shall not automatically extend the term of appointment.
When the second year's leave of absence is requested, a faculty member
may request an extension of his/her appointment for a period of time equal
to the amount of the leave. If the University grants the leave, it shall
at the same time respond to the faculty member's request for an extension
of the appointment. No extension applicable to the final year of the faculty
member's probationary period may be requested or granted.
C. A faculty bargaining unit member
who continues to fulfill the duties and responsibilities of his/her faculty
appointment may request an exclusion of one year from the probationary
period when he/she becomes a parent during the first five years of the
probationary period, or became a parent within one year prior to appointment
at the University, when the faculty bargaining unit member serves as the
principal or co-equal care-giver.
A request for an exclusion
of one year from the probationary period under this provision shall be
made in writing and requires the approval of the department chair and the
dean. Such approval shall not be unreasonably withheld. No faculty member
of the bargaining unit is entitled to more than one such exclusion.
Grievances in respect to this
article applicable to Article IX shall be heard as Category 2 grievances.
XVII - LEAVE
OF ABSENCE WITHOUT PAY
A. Leaves of absence without
pay are for the purpose of professional development, personal convenience,
or completion of a terminal degree. Such leaves may be for a period up
to two consecutive years.
B. The granting of a leave
of absence without pay to members of the faculty is subject to the needs
of the academic program and requires the approval of the department chairperson
and the dean. Such approval may not be unreasonably withheld, and a written
statement of the reasons for withholding approval shall be given to the
faculty member upon request within ten working days of that request.
C. A request for a leave of
absence without pay shall normally be made one year in advance and will
specify the requested dates of commencement and termination of the leave.
The date for the commencement and termination of such leave shall be at
the discretion of the University, but normally such leave shall commence
on July 1 or on January 1 and shall terminate on December 31 or June 30.
D. A leave of absence without
pay shall not count in the probationary period for tenure. In the event
a leave of absence without pay is taken for one semester, the faculty member,
only once during his/her probationary period, may request to have the entire
year excluded from the probationary period for tenure. A request for a
full year's exclusion normally shall be made by the faculty member at the
time the leave of absence is requested, and, if the University grants the
leave, it shall at the same time respond to the faculty member's request
for a full year's exclusion.
E. A first year's leave of
absence without pay shall automatically extend the term of appointment
by a period equal to the time excluded from the probationary period. No
extension applicable to the final year of the faculty member's probationary
period may be requested or granted.
F. A second year's leave of
absence without pay shall not automatically extend the term of appointment.
When the second year's leave of absence is requested, a faculty member
may request an extension of his/her appointment for a period of time equal
to the amount of the leave, except that no extension applicable to the
final year of the faculty member's probationary period may be requested
or granted. If the University grants the leave, it shall at the same time
respond to the faculty member's request for an extension of the appointment.
Denial by the University of a faculty member's request for an extension
of the appointment shall be grievable under Article IX, Category 2.
G. A faculty member who has
been on a leave shall receive on return any salary improvements he/she
would have received had he/she been serving at Rutgers during the leave
period. Normal University policy regarding benefits during a period of
leave without pay shall apply. The University shall provide to faculty
members who are beginning a leave of absence without pay the forms and
instructions necessary to re-enrolling in those benefit plans for which
they are eligible upon their return to paid employment.
XVIII - PERSONNEL
FILES
A. The official personnel file
for each faculty member shall be maintained in the office of the appropriate
dean or director. The contents of this file, at the sole discretion of
the University except as otherwise provided in this Article, may include
the types of material listed below, as well as other materials:
1. Documents submitted by
the faculty member or placed in his/her file at his/her request.
2. Documents concerning the
individual's employment history at the University and all records of personnel
decisions affecting his/her compensation or employment status.
3. Materials assembled in accordance
with University Regulations, practices and policies, or the terms of this
Agreement concerning the evaluation, reappointment, promotion, or tenure
of each faculty member, with the exception of outside confidential letters
of recommendation.
B. The official personnel file
for each teaching/graduate assistant shall be maintained in the office
of the appropriate dean or director.
C. Any member of the bargaining
unit may have access to all documents in his/her official personnel file,
including internal evaluations related to the individual, and may add to
those records such materials as the individual believes necessary to give
a reasonable representation of the individual’s record.
D. The official personnel file
shall be available for examination by the bargaining unit member who shall
be entitled to review it at reasonable hours upon written request and to
purchase copies of any or all materials contained therein.
E. When a personnel action
has been initiated by a department or other appropriate body, access to
the promotion forms related to that action will not be available to the
faculty member until that personnel action has been completed.
F. No material may be added
to the official personnel file more than one year after its receipt by
the academic officer to whom the material is originally directed except
according to the procedure outlined below:
1. The academic officer who
wishes to add material more than one year after its receipt shall provide
an accompanying written explanation for the addition of the material.
2. The faculty member shall
have the opportunity to appeal to the dean the addition of material added
to his/her official personnel file more than one year after its receipt.
3. The faculty member may appeal
the decision of the dean to the appropriate provost.
G. If a bargaining unit member
believes that material necessary to give a reasonable representation of
his/her record exists elsewhere, the bargaining unit member may apply in
writing to his/her provost, requesting access to the material. This request
must specify, to the best of the faculty member's knowledge, the nature
of the material and its location within the University.
Within 15 working days of such
request, the provost or his/her designee shall respond by either:
1. Producing the material
requested, or
2. Certifying in writing that
to the best of his/her knowledge the alleged material does not exist, or
that it exists but does not belong in the faculty member's official personnel
file. Such certification shall be placed in the official personnel file
and shall serve to preclude the use of such material in any personnel action.
H. The bargaining unit member
shall have the right to prepare a written response to any document in the
official personnel file which the bargaining unit member believes reflects
negatively on his/her abilities or performance. The written response will
be placed in the official personnel file if the response is provided to
the dean with the explicit request that it be placed in the official personnel
file.
XIX - MISCELLANEOUS
A. Agenda materials for the
regular monthly public meeting of the Board of Governors will be forwarded
to the AAUP at the time they are distributed to the members of the Board
of Governors with the following exceptions:
1. All items related to personnel
actions;
2. Items whose disclosure would
be prejudicial to the interests of the University.
B. 1. Before being presented
to the Board of Governors, proposed changes in University Regulations,
policies, and/or practices affecting the terms and conditions of employment
of the members of the bargaining unit shall first be submitted to the AAUP
for negotiation.
2. Section B.1. above shall
be construed to require negotiations only as to those aspects of such proposed
changes that constitute mandatory subjects of negotiation. Disputes concerning
the application of section B.1. and B.2. shall be resolved by submission
to the Public Employment Relations Commission under its scope-of-negotiation
processes.
C. The AAUP agrees to pay one
half of the printing and distributing costs of this Agreement. Said Agreement
shall be printed in the University's Reprographics Center and shall bear
the AAUP logo on the cover of the contract.
D. 1. The annual motor vehicle
registration fee for employees wishing to register their vehicles for the
use of campus parking facilities shall be based on the employee's annual
salary at the time of billing. Collection of the motor vehicle registration
fee shall be in January of each academic year.
2. The annual motor vehicle
registration fee for employees wishing to register their vehicles for the
use of surface campus parking facilities shall be 1/10 of one (1) percent
of the employee's annual salary for employees earning less than $25,000.
For salaries from $25,000 to $29,999 the rate shall be 11/100th of one
(1) percent (.0011). For salaries from $30,000 to $34,999, the rate shall
be 12/100th of one (1) percent (.0012). For salaries from $35,000 to $39,999
the rate shall be 14/100th of one (1) percent (.0014). For salaries from
$40,000 to $44,999, the rate shall be 16/100th of one (1) percent (.0016).
For salaries from $45,000 to $49,999 the rate shall be 18/100th of one
(1) percent (.0018). Thereafter, the rate shall increase 2/100th of one
(1) percent (.0002) for each additional $10,000 of salary or portion thereof,
the new rate to be applied to the entire salary. Thus, the rate for $50,000
- $59,999 is .002, $60,000 - $69,999 is .0022, $70,000 - $79,999 is .0024,
etc.
XX - HEALTH
AND SAFETY
A. The Senior Vice President
and Treasurer or his/her designee together with the Vice President for
Administration and Associate Treasurer or his/her designee will meet with
the AAUP at regular intervals five times during the course of the year
to discuss employment-related health and safety problems. The Vice Presidents'
designees, if any, shall be administrative officers of the University.
The AAUP may request of the
Vice President for Administration and Associate Treasurer or his/her designee
the attendance of any administrative officer whom it believes can provide
detailed information on a subject related to the health and safety of bargaining
unit members. Such request shall not be unreasonably denied.
B. Bargaining-unit members
are responsible for reporting health and safety problems to their dean
or director and to the Rutgers Environmental Health & Safety Department.
Such reports shall be filed on the Health and Safety Report Form. The University
is responsible for promptly forwarding a copy of each Health and Safety
Report Form filed by members of the bargaining unit to the AAUP. The University
is responsible for maintaining a supply of Health and Safety Report Forms
in every University department where bargaining unit members are employed.
C. The AAUP and the University
shall jointly appoint faculty bargaining unit members to the Unit Safety
Committees for academic departments.
D. The AAUP and the University
shall jointly appoint faculty bargaining unit members to the Campus Safety
Committees. At least one faculty bargaining unit member shall be appointed
to each Campus Safety Committee.
E. No bargaining unit member
shall be required to work under conditions where there has been a determination,
on a reasonable basis in fact, that those conditions pose an immediate
danger to health and safety. It shall be the responsibility of the University
to make such determinations as rapidly as possible.
F. Information
1. The AAUP may request from
the University information concerning health and safety matters affecting
bargaining unit members, and the University shall provide the information
requested.
2. In the event that the requested
information is directly involved in pending litigation between the parties,
the AAUP will not request the information under the procedure set forth
in this Article but may rely only on any rights it has pursuant to the
pending litigation.
3. In the event that the requested
information is directly involved in pending litigation between the University
and any other party, then the AAUP and the University agree to limit access
to the information to a designated official of the AAUP. Such official
may not be a party to or involved in the pending litigation. The designated
official of the AAUP shall not disclose such information, either directly
or indirectly, except in discussions with appropriate University officials
and in arbitration procedures arising under Article IX of the Agreement.
In the event it becomes necessary for the AAUP to disclose such information
in an arbitration proceeding, the parties agree that such arbitration shall
be closed and the record thereof sealed. This provision shall not prevent
the AAUP from discussing the information with its counsel.
4. When the AAUP requests health
and safety information, it agrees to cooperate fully with the University
in the acquisition of such information.
5. The University and the AAUP
agree that when such a request for information will require significant
expenditure of time and/or funds, the parties shall bear such costs equally.
G. When the University determines
to remove asbestos from a building or a portion of a building in which
members of the AAUP bargaining unit work (and usually prior to the development
of specifications for the removal project), the University shall inform
the AAUP and, if the AAUP so requests, the University shall meet with the
AAUP to discuss the effect, if any, of such removal on bargaining-unit
members. Except for minor asbestos projects, the University shall notify
the AAUP no later than ten working days after a contract is awarded for
asbestos removal and identify the contractor; the AAUP will notify the
University within one (1) working day of its receipt of notification of
its desire to meet with the University prior to the beginning of the work.
When asbestos is being removed
from a portion of a building and members of the AAUP bargaining unit continue
to work in other portions of that building, the University shall forward
to the AAUP promptly upon receipt all reports made by the independent safety
monitor. Whenever an air test result exceeds the standard for PCM and TEM
outside a containment barrier, the AAUP shall be simultaneously informed
of the corrective steps being taken. Follow-up test results will be reported
as soon as they are available. In addition, the University will make available
to the AAUP promptly the results and descriptions of air sample tests,1
if any, made by the Rutgers Environmental Health & Safety Department
to monitor building conditions while the removal is in progress.
When a timetable has been established
by the University for reopening a building in which members of the AAUP
bargaining unit work, the University shall so inform the AAUP. Results
and descriptions of all test procedures carried out to determine that the
building is safe to reoccupy and a copy of the Certificate of Occupancy
shall be provided to the AAUP. Prior to the reoccupation of the building
by members of the bargaining unit, the AAUP will be informed by telephone
of the receipt by the University of the Certificate of Occupancy.
XXI - UNIVERSITY
PROCEDURES
Rutgers and the AAUP agree
that all members of the bargaining unit shall be entitled to enjoy, and
shall be subject to, all terms and conditions of employment applicable
to the bargaining unit provided for in the University Regulations and Procedures
Manual and not provided for herein. During the life of the Agreement or
any extension thereof, any change in the University Regulations and Procedures
Manual that constitutes a change in a mandatorily negotiable term and condition
of employment of members of the bargaining unit shall be negotiated.
Grievances arising under this
Article, applicable to Article IX, shall be heard as Category Two grievances.
XXII - CONDITIONS
OF EMPLOYMENT
A. Academic Year Appointments
Appointment for the academic
year requires that the appointee be in attendance at the University from
September 1 to Commencement, or an equivalent period, within each academic
year unless excused by the appropriate academic officer.
B. Calendar Year Appointments
Appointees for the calendar
year (July 1 - June 30) are expected to devote the entire year to their
University duties with the exception of a vacation of one month.
Grievances arising under this
Article, applicable to Article IX, shall be heard as Category Two grievances.
XXIII -
OUT-OF-CYCLE SALARY ADJUSTMENTS
A. The University may, at its
discretion, increase the salary of an individual member of the bargaining
unit to respond to a bona fide outside offer or to provide immediate
recognition for an unusual professional achievement. The University may
also, at its discretion, increase the salary of a member of the bargaining
unit when it believes that an outside offer is imminent because of recent
distinguished professional achievements and other evidence.
When the University considers
offering such an increase, notice shall be given in writing to the available
tenured members of the individual's department who shall be polled about
the proposed increase and their recommendation shall be forwarded in writing
to the dean. The department's recommendation shall include a description
of the process by which its relevant members were polled. The results of
the poll shall also be communicated by the chair to the tenured members
of the department.
When the University has determined
to make such an increase, it shall inform the AAUP in writing and shall
include a copy of the outside offer, or evidence of the imminence of an
outside offer, or evidence of the unusual professional achievement. It
shall also include the written recommendation from the department, with
relevant documentation; the dean's recommendation, with relevant documentation;
and the current and adjusted salary. The relevant documentation from the
department shall include the results of the poll and any motion or report
that accompanies the recommendation. If the University determines to make
such an increase in the absence of a positive recommendation from the department
poll, the University will provide the AAUP with a written explanation of
its reason.
B. The University may, at its
discretion, increase the salary of a member or members of the bargaining
unit in response to market conditions in a particular discipline or subdiscipline
for which it has negotiated a special schedule. The University will inform
the AAUP in writing of the name, rank, and current and adjusted salaries
of each individual for whom an increase is to be made.
C. During each year of this
Agreement, or any extension thereof, the University may, without further
negotiation, make up to three out-of-cycle salary adjustments which remove
tenured bargaining unit members from the appropriate negotiated salary
tables and an unlimited number of out-of-cycle salary adjustments which
remove untenured bargaining unit members from the appropriate negotiated
salary tables.
D. This article is in effect
only during the period of this Agreement and any extension thereof.
E. During the effective term
of this Agreement, all out-of-cycle salary adjustments to an individual
recipient, beyond the first, which is at University discretion under section
A. above, shall be subject to negotiation with the AAUP.
F. The University shall not
implement any salary adjustment until 15 working days after it has informed
the AAUP of its determination, as specified above, or until such time as
the AAUP and the University have agreed in writing that the requirements
of this Article have been fulfilled, whichever is sooner.
XXIV - NOTICE
OF CHANGE OF PROMOTIONAL CRITERIA AND STANDARDS
When the University changes
the promotional criteria and standards as embodied in Appendix D ("Policy
with Respect to Academic Appointments and Promotions") and Appendix E ("Weightings
and their Assignment in Reappointment and Promotion Evaluation"), University
Regulations, or written policies promulgated by the President or a Vice
President of the University it shall notify the AAUP of the changes when
they are promulgated.
ARTICLE XXV
- FACULTY ACADEMIC STUDY PROGRAM
After 12 semesters of service,
a FASP leave of one semester at 100% salary shall be available as an alternative
to two semesters at 80% salary for faculty members of the bargaining unit
who are otherwise eligible for a FASP leave under the FACULTY ACADEMIC
STUDY PROGRAM, except that individuals in the last year of the probationary
period, or in a terminal year, are not eligible for this option.
XXVI - TERM
OF AGREEMENT
This agreement shall be effective
from January 23, 1998 to June 30, 1999.
The parties may by mutual agreement
continue the terms of the existing agreement beyond June 30, 1999. In this
event, either party may terminate such agreement by thirty (30) days written
notice to the other.
FOR THE RUTGERS COUNCIL
FOR RUTGERS UNIVERSITY
APPENDIX
A
ACADEMIC TITLES COVERED BY
AAUP AGREEMENT
CODE TITLE
A.Y. C.Y.
89000 89010 Professor II
99000 99010 Research Professor
II
99020 99030 Research Specialist
II
99040 99050 Professor Law II
99056 99057 Special Professorial
Title
99060 99070 Lecturer (Professor
II)
99100 99110 Extension Specialist
(Prof II)
99140 99150 Law Librarian I
88000 88010 Professor I
98000 98010 Research Professor
I
98020 98030 Research Specialist
I
98040 98050 Lecturer (Professor
I)
98060 98070 Extension Specialist
(Prof I)
98120 98130 Librarian I
98140 98150 Law Librarian II
98160 98170 Professor Law I
98180 98190 County Agent I
(Professor I)
98200 98210 Physical Education
Specialist (Prof I)
87000 87010 Associate Professor
97000 97010 Associate Research
Specialist
97020 97030 Associate Research
Professor
97040 97050 Associate Extension
Specialist
97080 Adjunct Associate Professor
97100 97110 Librarian II
97120 97130 Law Librarian III
97140 97150 Associate Professor
Law
97160 97170 Lecturer (Associate
Professor)
97180 97190 County Agent II
97200 97210 Physical Education
Specialist II
86000 86010 Assistant Professor
96000 96010 Assistant Research
Professor
96020 96030 Assistant Research
Specialist
96040 96050 Assistant Extension
Specialist
96080 96090 Adjunct Assistant
Professor
96100 96110 Librarian III
96120 96130 Law Librarian IV
96140 96150 Assistant Professor
Law
96160 96170 Lecturer (Assistant
Professor)
96180 96190 County Agent III
96200 96210 Physical Education
Specialist III
96240 96250 Adjunct County
Agent III
96280 96290 Adjunct Lecturer
(Asst Prof)
85000 85010 Instructor
95000 95010 Extension Associate
95040 95050 Research Associate
95060 95070 Lecturer (Instructor)
95080 95090 Librarian IV
95120 95130 Physical Education
Instr.
95140 95150 County Agent IV
95220 95230 Adjunct Instructor
95250 Adjunct Lecturer (Instr.)
95260 95270 Adjunct County
Agent IV
84000 84010 Assistant Instructor
94000 94010 County Agent V
94020 94030 Librarian V
94120 94130 Extension Assistant
94160 94170 Research Assistant
94180 94190 Lecturer (Asst.
Instr.)
OTHER TITLES COVERED BY AAUP
AGREEMENT
99710 99712 Teaching Assistant
I
99711 99713 Teaching Assistant
II
99714 99715 Teaching Assistant
III
99730 99732 Graduate Assistant
I
99731 99733 Graduate Assistant
II
99734 99735 Graduate Assistant
III
99740 99742 Graduate Assistant
I (TE)
99741 99743 Graduate Assistant
II (TE)
99744 99745 Graduate Assistant
III (TE)
Appendix
B
Faculty Academic Service
Increment Program
A. Criteria
To the extent of funds available,
academic service increments may be awarded to faculty members who have
demonstrated recent and continuing excellence based on one or more of the
criteria of teaching, scholarship, and service. In addition, academic service
increments may be awarded to faculty members whose current compensation
warrants special consideration on the basis of academic or professional
contributions in comparison with compensation of colleagues of similar
achievement in the department or discipline at large.
B. Eligibility
Consistent with the provisions
of Article VIII of the Agreement between the University and the AAUP, faculty
members who meet all the requirements listed below are eligible for consideration
for academic service increments:
1. The faculty member has
an appointment at Rutgers at the time of consideration for an academic
service increment and during the year for which the award is made; and
2. The faculty member has completed
at least one year of full-time service at the University at the time of
consideration for an academic service increment or at least three years
of part-time service; and
3. The faculty member will
not be in his or her terminal year at Rutgers during the effective date
of the award.
C. Allocation of Funds
Funds available for academic
service increments will be allocated to the three geographic areas of the
University (Camden, Newark and New Brunswick) based on the proportion of
the total faculty in each of the three areas, except that 5% of the total
funds available shall be allocated to the President's reserve for distribution
as specified in G. below.
D. Size of Increment
An academic service increment
under this program will be awarded in an amount equivalent to from one
to ten steps on the salary range applicable to the faculty member as specified
below:
1. For purposes of this award,
a faculty member's salary as defined above will be compared to the mid-point
of bargaining unit faculty salaries in the same rank and salary range,
exclusive of extended steps.
2. A faculty member whose salary
before award is more than 10% above the mid-point may be awarded an amount
equivalent to from one to seven steps.
3. A faculty member whose salary
is from 10% below to 10% above the mid-point may be awarded an amount equivalent
to one to ten steps.
4. A faculty member whose salary
before award is more than 10% below the mid-point may be awarded an amount
equivalent to from three to ten steps.
An adjustment may be implemented
by an advance to a higher step on the faculty member's current salary range
or an advance to a step on a higher salary range appropriate to the individual's
academic rank.
E. Announcement of Application
of the Criteria
To ensure equitable treatment
for their members, departments must formulate a statement of their own
specific criteria and the application of them within the framework of the
general criteria set forth in section A. above. The tenured faculty of
the department shall formulate and promulgate to the department such a
statement prior to the commencement of the process for consideration for
award of academic service increments specified below.
F. Consideration for Award
of an Academic Service Increment
1. Consideration for awards
of academic service increments shall be conducted in accordance with the
following schedule: for awards retroactive to July 1, 1997, consideration
will be during the spring 1998 academic term; for awards effective August
8, 1998, consideration will be during the fall 1998 academic term.
2. Eligible faculty members
who do not wish to be considered for an academic service increment shall
so notify the department chairperson in writing by the date set for that
purpose by the departmental chairperson. The department chairperson shall
announce that date 20 working days in advance.
3. Departments with four or
more tenured members shall elect a Peer Evaluation Committee of at least
three members, composed of tenured members of the department. In departments
with fewer than four tenured members, all the tenured members shall constitute
the Peer Evaluation Committee. In departments without tenured members,
there shall be no Peer Evaluation Committee.
Nominations for the committee
may be made by any tenured member of the department. Elections to the committee
shall be by secret ballot of all full-time members of the department holding
the rank of Assistant Professor or above who are not in their terminal
year. The department chairperson shall convene, be a non-voting member
of, and participate in the deliberations of the Committee.
4. The Peer Evaluation Committee
shall meet to evaluate all members of the department who are not members
of the Committee, who are eligible for consideration for an academic service
increment, and who have not notified the chairperson that they do not wish
to be considered for an academic service increment. The Committee shall
determine, from among those faculty members considered, those who it will
recommend for an academic service increment, in accordance with the criteria
set forth in A. above. The Committee shall prepare a summary statement
of its evaluation for each member of the department it recommends, shall
indicate which one or more of those criteria is the basis for its recommendation,
and shall rank the individuals. At each level of review it shall be indicated
which one or more of the criteria is the basis for the recommendation.
5. Subsequent to completing
the evaluation process set forth in 4. above, The Peer Evaluation Committee,
at its option, may make recommendations to the department chairperson,
within the guidelines set forth in section D. above, concerning the size
of the academic service increment for those individuals whom the Committee
has recommended for receipt of such an increment. If the committee chooses
to make such recommendations, the chairperson shall provide to the Committee,
in confidence, the salary for each individual recommended by the Committee
for an academic service increment.
6. After the deliberations
of the Peer Evaluation Committee are complete, the chairperson may either
(a) endorse the Committee's recommendations and ranking, incorporating
the names of the members of the Committee whom the chairperson judges meet
the criteria for an academic service increment, or (b) prepare an independent
ranked list of all of those faculty members in the department who, in the
judgement of the chairperson, should receive an academic service increment.
In addition, the chairperson shall review the salaries of members of the
department and shall make recommendations, within the guidelines set forth
in section D. above, as to the size of the academic service increment for
individuals on his/her list. The chairperson will then forward his/her
recommendations and those of the Peer Evaluation Committee to the dean
with justification and appropriate documentation. The chairperson will
also forward with these recommendations the statement of the department,
as specified in E. above, although the statement shall not be binding on
the dean in his/her deliberations.
7. Upon receipt of the nominees
from each of the department chairpersons within the unit, the dean shall
formulate a ranked list of nominees from among those proposed by the departments
and including such department chairpersons and other faculty members not
proposed by the departments who, in the judgement of the dean, are qualified,
according to the criteria specified in A. above, for an academic service
increment. The dean's list shall include the dean's recommendation as to
the size of the academic service increment for each individual on the list.
Should the dean wish to include on his/her list an individual who the chairperson
has not recommended for an academic service increment or should the dean
wish to increase the size of an academic service increment over the amount
recommended by the chairperson, the dean shall first discuss the matter
with the chairperson. The dean will forward his/her recommendations to
the provost with justification and appropriate documentation. The dean
will, at the same time, forward to the provost the recommendations of the
Peer Evaluation Committees and department chairs.
8. The provost shall review
the recommendations from the several deans, directors, chairpersons, and
department committees and, from among the recommended faculty members and
to the extent of funds allocated to his/her campus, shall make a final
determination as to which faculty members on the campus shall receive academic
service increments and as to the size of each increment, except that the
provost may not increase the size of an academic service increment over
the amount recommended by the dean.
9. The President will receive
from each of the campus provosts a list of the provost's actions and a
list of remaining faculty members recommended by the dean, the department
chair, and/or the Peer Evaluation Committee for an academic service increment.
The President may select from these lists a number of additional academic
service increment recipients, who, in the President's judgement, best meet
the criteria specified in A. above. Such additional Presidential awards
shall be limited to 5% of the total funds available under this program.
G. Implementation
The University will notify
individual faculty members who have been recommended for consideration
for an academic service increment of the action taken in regard to that
recommendation. For each such faculty member, the University will inform
the AAUP of the faculty member's department, campus, academic rank, and
range and step before and after award of the academic service increment,
if any; the level of the initial recommendation for award; the reason for
the recommendation, specified in A. above, and whether the faculty member
was a member of the department Peer Evaluation Committee and/or a department
chairperson.
Subsequent to the conclusion
of the award process, the evaluation packets will be returned to the office
of the dean. The dean will notify the department chairpersons of the results
of the academic service increment process for their department, that the
material is available for review by them, and the dean will indicate his/her
availability to discuss the academic service increment process with the
department chairperson. The chairperson shall inform the Peer Evaluation
Committee of the substance of such a discussion. Individual members of
the faculty may review their own packets in accordance with the usual procedures
for review of personnel files and may discuss their packets and review
their professional progress with their chairperson and/or dean.
H. Grievability
The academic judgement that
forms the basis of the granting or failure to grant an academic service
increment, including the size of the increment, and the decision to implement
the award through a range or step change are not grievable. Allegations
of a violation of the procedures set forth in this Faculty Academic Service
Increment Program which results in the failure to grant an academic service
increment shall be brought under Article IX, Category 2 of the Agreement
between the AAUP and the University. |