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The Union Advance

Cerro Coso College * Bakersfield College * Porterville College

December 2014


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Negotiations Update

This is an update from your KCCD/CCA negotiations team.

This is brief update from your KCCD/CCA negotiations team to let you know where things are before the end of the semester. A full report will follow what is currently the last scheduled negotiation of the fall, 12 December 2014.


The Interest Based Bargaining (IBB) approach has continued to produce collegial discussions, but the issue of compensation is a sticking point and has consumed the last two negotiations meetings. Hopefully, after the 12 December 2014 meeting, we can report more progress. Again, we will provide a fuller report after that meeting.


Collective Bargaining Agreement will remain in effect until negotiations conclude. We did reach a tentative agreement on personal necessity leave that clarifies that personal necessity leave is not subject to administrative approval.

Your negotiating team,

Matthew Crow, CC/Chief Negotiator
Nicole Celaya, Part-Time Negotiator
Tom Greenwood, BC Negotiator
Ann Marie Wagstaff, PC Negotiator

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Important Date

Don't forget--February 15th is the deadline for all faculty to apply for and submit evidence for any new disciplines.

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KCCD Part-Time Faculty News

By Nicole Celaya

Did you know that….

• Part-time faculty teach approximately 58% of U.S. community college classes?
• 45% of community college faculty are adjunct?
• 52% of KCCD faculty are adjunct?
• In 2009, 987 public community colleges in the United States hired more than 400,000 faculty members and 70% of them were part-time hires?
• Between 2003 and 2009, the number of full-time faculty grew by about 2%, compared with a roughly 10% increase for part-time faculty?
• 76% of faculty who teach only developmental education are employed part time?

References:

“At Issue Adjunct Faculty in Community Colleges: Issues and Implications.” Ferris State University. March (2013) 3.1. http://www.dcclblog.com/wpcontent/uploads/2013/06/AT_ISSUE-2013_Web.pdf

Center for Community College Student Engagement (2014). Contingent Commitments: Bringing Part-Time Faculty Into Focus (A Special Report from the Center for Community College Student Engagement). Austin, TX: The University of Texas at Austin, Program in Higher Education Leadership. http://www.ccsse.org/docs/PTF_Special_Report.pdf

KCCD Fast Facts 2013. Institutional Research and Reporting. https://www.kccd.edu/sites/kccd.edu/files/Fast%20Facts.pdf

Do you know your unemployment rights?
 
As the semester comes to an end, I want to share some information regarding unemployment benefits for part-time faculty.  Some adjunct faculty have been receiving “Notification of Employment” emails from the Human Resources office. Please be advised that these, or any other similar communications, are NOT guarantees or “reasonable assurance” of employment. No matter how secure you believe your future employment to be, low enrollment or lack of funding may still cause classes to be cancelled, and any full-time faculty who needs to meet load requirements may still lay claim to your classes. The following comes from the state CCA website and offers some clarification on unemployment issues:
“As a result of the 1989 Cervisi decision, most part-time community college faculty are eligible to receive unemployment compensation benefits during breaks in their employment. Examples are winter and summer breaks (or a semester during which you are not offered employment), if you are not employed elsewhere, and if you do not have "reasonable assurance of returning to work with an education institution following the period without employment." (Education Code Section 1253.3) Virtually all appointment offers to part-time faculty are contingent upon meeting minimum enrollment, funding levels, or program continuation. Such contingent offers do not constitute "reasonable assurance" or reemployment as defined in the state unemployment code. Thus, most part-time faculty are eligible for unemployment. The fact that some individuals have a history of being reemployed at the end of a summer or holiday recess between terms is irrelevant in this regard. Applying for unemployment benefits is your legal right! When you, as a part-time instructor, request these benefits, you are simply asking your employer to acknowledge your lack of job security.”
 
The state CCA website has lots of good information on part-time issues, including a step-by-step guide on how to apply for unemployment benefits and more on the appeals process (http://cca4me.org/Part-Time-faculty-Issues.asp). In the past, most part-time faculty have been forced to appeal, so please do not get discouraged if you find that your claim has been denied during the initial application process.
 
I hope everyone has had a great semester and please feel free to contact me if you have any questions.
 
Sincerely,
Nicole Celaya
CCA part-time faculty representative for KCCD
adjunctexec@kccdcca.org


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Know Your Benefits!

by Terry Crewse

 

Know your benefits. Visit http://www.cta.org/Member-Services/Member-Benefits.aspx and http://www.neamb.com to learn about your membership benefits.

Do your loved ones know?

picture of family

According to Shirley Avila of the CTA’s Members Benefits Department, death benefits sometimes go unclaimed because intended beneficiaries are unaware that they exist. Make sure that your loved ones are aware of the CTA Death & Dismemberment Plan. This plan is provides a no-cost life insurance benefit for eligible members to assist their surviving loved ones in the event the unthinkable happens. Visit http://www.ctamemberbenefits.org/dd for more information. Also visit http://www.neamb.com/insurance/nea-complimentary-life-insurance to learn about NEA’s Complementary Life Insurance which eligible CTA Members automatically receive. (Automatic benefit!)

Divorced and remarried?

newlyweds

Be sure to update your intended beneficiary information. If the information is not updated your ex (and not your current spouse) will be entitled to the CTA D&D Plan benefits.

Legal Trouble?

law books

Visit http://www.ctamemberbenefits.org/en/Insurance/EEL to learn about CTA/NEA Educator Employment Liability (EEL). (Automatic benefit!)

Did you know . . .

There is also a disaster relief fund? (Visit http://www.ctamemberbenefits.org/drf .)

There is also a Vision Discount Program for retirement. (Visit http://www.ctamemberbenefits.org/vsp .)

There’s an app for that! Search "cta member benefits" from your smart phone or tablet for this free app.

There are also numerous voluntary benefits through CTA-Endorsed Services including additional life insurance coverage, house and auto insurance, a Well-Baby Program, Financial Services through Provident Credit Union and Logix Federal Credit Union, a Bank of America Credit Card Program, Travel, Entertainment and Purchasing Discounts, and Car Rental through Enterprise (Account Number NACA068 - Company Name: CTA).

The same goes for the many NEA benefits but we are already too close to your computer’s memory limitations for them all to be listed here.

picture of woman reading magazine

You can also get two free magazine subscriptions. Visit http://www.neamb.com/free-magazine-offer-field.htm to take advantage of this free offer. (Automatic benefit!)

 

So be informed, and you won’t have to say . . . "I didn't know!"

 

statue of a man with his face in his hand

Terry Crewse

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Know Your Weingarten Rights

Faculty Representation

One of our important rights as faculty is to have union representation when dealing with management. The 1975 U.S. Supreme Court decision in NLRB v. Weingarten, Inc. upheld the right to union representation. Article 14.B.3 of our collective bargaining agreement codifies our Weingarten Rights: All faculty have the right to CCA representation in meetings with College or District administration where faculty reasonably believe that such meetings may lead to disciplinary action. In order to invoke Weingarten Rights, the faculty must request them. If you are in a meeting with management and want representation, make sure you say something along the line of the following:

"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion."

Below is a summary of Weingarten Rights from the CCA website:

Weingarten Rights

“If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. When the employee makes the request for a union representative to be present management has three options:

  1. It can stop questioning until the representation arrives.
  2. It can call off the interview, or
  3. It can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to union representation (an option the employee should always refuse).


Your dean calls you into her office, shuts the door and asks you to sit down. She questions you about the way you handled a certain situation and begins to make accusations. You start to feel anxious and begin to wonder whether you could face disciplinary action.

Should you invoke your Weingarten Rights? The answer is "Yes, absolutely."

Based on the 1975 U.S. Supreme Court ruling of National Labor Relations Board (NLRB) vs. Weingarten, union employees are entitled to have union representation at meetings with supervisors that are investigatory or that could lead to disciplinary action. These rights have become known as the Weingarten Rights.

To invoke Weingarten Rights, a union member should say something like this: “If my response to your questions could lead to my being disciplined, I request union representation at this meeting, and that the meeting be postponed until my union representative arrives.” When the employee makes the request for a union representative to be present, management has two options:

  1. It can stop questioning until the representative arrives.
  2. It can call off the interview and proceed with the investigation without the
    benefit of the employee’s input.

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative’s right to assist and counsel workers during the interview. The Supreme Court has also ruled that before an investigatory interview, management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview and at any time during the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics. While the interview is in progress the representative cannot tell the employee what to say—but he or she may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee’s case.

Employees must demand their right to be represented in these investigatory interviews.

(Retrieved October 12, 2012, from CCA For Me, http://www.cca4me.org/chapters_members/index.html)

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Know Your KCCD/CCA Executive Council and Standing Committe Chairs

Matthew Crow is the president of the KCCD CCA. He is a professor of English at Cerro Coso Community College. He has been a member of CCA since he joined the Cerro Coso faculty in 2005 because he believes in the power of union to build better lives. Email president@kccdcca.org.

Ann Marie Wagstaff is the KCCD CCA vice president because she believes in the benefits our union can provide. She has been a member of the the CCA since 1996. She teaches English and serves the faculty of PC on the budget committee. Contact her at her PC office, 559-791-2296, or email her at vp@kccdcca.org.

Nicole Celaya is the adjunct executive officer. She has been teaching English as an adjunct instructor at Porterville College for six years. She joined the executive council because she believes that the union can be a valuable avenue in advocating for the rights of part-time instructors. Nicole is also a member of the negotiating team and enjoys advising the Porterville College M.E.Ch.A. and Gay Pride clubs. Please feel free to email her if you have any questions or concerns. You may contact her at adjunctexec@kccdcca.org.

Becki Whitson is the Bakersfield Colelge Chair. Becki has been teaching psychology at BC since 1990 as an adjunct and full time since 1996. She joined CCA when she was an adjunct andhas been a member ever since. She has served on numerous committees and filled various positions over the years and now hopes to serve BC's faculty by representing them on the CCA Board. You can reach her at bwhitson@bakersfieldcollege.edu or 661-395-4619.

Terry Crewse is the Porterville College Chair. An associate professor of mathematics at Porterville College, Terry has been a CCA member since 2004. He serves as PC College Rep because he believes in the benefits our union can provide. His goal is to improve faculty awareness of the union. You may contact him at his PC office number: 559-791-2480.

Christine Abbott is the Cerro Coso College Chair. She comes from a union family and grew up knowing the benefits of collective bargaining and union membership. For 20 years, she has served as full-time English instructor at Cerro Coso’s Eastern Sierra College Center ( and first began teaching in 1982 at Fresno State, where she joined the union as an adjunct. Email her at cabbott@cerrocoso.edu.

Bakersfield College Representatives

Nancy Guidry has been a member of various unions during her career as a librarian, including AFSCME, Administrative Team Associates (Santa Monica City), and CCA since coming to Bakersfield College. She decided to become a campus representative for BC because of the important role CCA has played in safe-guarding the best interests of the faculty over the years. You may email her at nguidry@bakersfieldcollege.edu.

Isabel Stierle has been a professor at BC since 2001.  She teaches in the biology department, currently focusing on anatomy and physiology and has also taught general biology and botany. She is a mentor with STEM students for the A+Plus scholarship program. Hobbies include photography, traveling, and enjoying movies (especially international and artistic). She appreciates the many benefits faculty have gained through the CCA negotiations and representation over the years, and she hopes to contribute by serving as a BC representative. You may email her at istierle@bakersfieldcollege.edu.

Kathy Freeman CCA when she began teaching at Bakersfield College in 1990 because she believes faculty members should have a strong voice on their college campuses. Since then, she has seen association representatives protect the rights of faculty many times. An English professor, she also is the BC Grievance Chair and a BC campus representative. She can be reached at her BC office number, 395-4458, and emailed at kfreeman@bakersfieldcollege.edu.

Terry Meier is the BC adjunct representive.

Cerro Coso College Representatives

Jeannine M. (Jan) Moline has been an employee and faculty member since 1995 and a full-time tenure track counselor since 2000. She is the Counselor for the General Population students at the IWV Campus in Ridgecrest. She has also served as a Counselor at our campuses in East Kern and Kern River Valley and is currently at KRV on Wednesdays providing counseling and teaching the student success course.

Pamela Hamilton is the CC adjunct representative.

Porterville College Representative

Andrew Messchaert has been teaching philosophy at Porterville College since 1998. He has served three terms as the Social Science Division Chair. Andrew serves on the union because he believes it strengthens the working conditions of the KCCD faculty. Email him at amesscha@portervillecollege.edu.

Mary O'Neal is the KCCD CCA Grievance Chair. She is a professor of child development at Cerro Coso College and former KCCD CCA president. You can phone her at 760-384-6275 or email her at moneal@cerrocoso.edu

Maria Roman is the KCCD CCA Membership Chair. You can email her at mroman@portervillecollege.edu.

Sherie Burgess is the KCCD CCA treasurer. She is a Professor of Mathematics at Porterville College and has been a member of CCA since 2002. She values the work CCA has accomplished and appreciates the commitment to ensure all faculty are represented. Sherie enjoys teaching statistics, spending time with her family, and traveling. Email her at treasurer@kccdcca.org.

Gloria Dumler is the KCCD CCA secretary and newsletter editor. A professor of English at Bakersfield College, Gloria has been a member of CCA since 1993. You may contact her at 661-395-4542 or email her at secretary@kccdcca.org.

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