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The Union Advance

Cerro Coso College * Bakersfield College * Porterville College

October 2014

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Important Dates


Throughout the year, there are a few important dates in the Collective Bargaining Agreement to keep in mind:

October 1st is the deadline for Retirement and Early Notice Compensation. Keep it in mind for next year.

November 1st is the deadline to file documents and the request for salary advancement with the district office.

February 15th is the deadline for faculty to apply and submit evidence for new disciplines.


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Negotiations Update

This is an update from your KCCD/CCA negotiations team to let you know where things are at the end of October.


First off, there have been changes to the CCA team. Ann Marie Wagstaff has agreed to be the Porterville CCA negotiator for this fall. Tom Greenwood (BC) and Nicole Celaya (Part-time) continue as negotiators.

Negotiations on the new contract are continuing. The Interest Based Bargaining (IBB) approach has produced collegial discussions, but the process is slow, and as I mentioned in an earlier report, we got a late start this year due to our commitment to IBB. Your team continues to negotiate. The thorniest issue, of course, has been compensation, but we are making headway. Our next negotiation session is 14 November 2014. Since negotiations are still underway, our current 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. I will report other tentative agreements as they occur.

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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KCCD CCA Grievance Committee Report

The KCCD CCA Grievance Committee has been busy this semester representing and advising faculty members. The committee is made up of Mary O’Neal, chief grievance officer and grievance representative for CC; Kathy Freeman, grievance representative for BC; and Stewart Hathaway, grievance representative for PC. Since Kathy and Stewart are new grievance reps, Mary has advised them on virtually all faculty concerns

Here are some of the highlights of the issues your grievance representatives have been working on this fall:

Bakersfield College, Kathy Freeman, kfreeman@bakersfieldcollege.edu

Kathy is representing counselors in a grievance filed after they were told to schedule five hours of their professional activities on a weekly basis into a computerized scheduling grid. CCA contends that this directive is contrary to contract language, and that like other faculty members, counselors can choose when and where to complete their professional activities. The grievance is now at the Level 1 stage.

She assisted a faculty member who had concerns about 100-day differential pay, the pay an employee receives after exhausting sick leave. HR representatives met with them to explain the pay formula. The faculty member had purchased a disability policy years ago through the district, but the company had denied this claim. The employee appealed and prevailed, thanks to the assistance of HR. The faculty member recently received a back pay settlement and monthly checks, enabling the instructor to retire.

Kathy also assisted a faculty member concerned about possible disciplinary action after resigning as a faculty chair, and she has met with other faculty members about other non-grievable isssues as well. In addition, two faculty members are going through Mode C evaluations this semester at BC, and she will serve on one Mode C evaluation committee as the evaluee’s faculty member choice.

Cerro Coso, Mary O’Neal, moneal@cerrocoso.edu

Two Mode C evaluations also are ongoing at Cerro Coso. Mary will serve on one Mode C committee as the evaluee’s faculty member choice.

Mary also is representing faculty who have worked in offices that were unbelievably hot due to the lack of working air-conditioning. One faculty member went home sick due to the extreme heat. M&O put in a temporary fix, and faculty members are waiting to learn when permanent repairs will be completed. If the air-conditioning is not fixed soon, a grievance may be filed on these working conditions at Cerro Coso.

Mary also assisted a former PC grievance rep with a question about if administration can force a faculty member to take leave when a doctor has ordered bed rest but the faculty’s doctor has approved/ released the faculty for teaching online.

She also has been busy addressing faculty members’ concerns on various non-grievable issues, such as a faculty chair’s resignation; retirement; banked load; load sheets; professional duties’ requirements; and when a position has to be filled by faculty vs. classified employees.

Porterville College, Stewart Hathaway, shathawa@portervillecollege.edu

Two faculty members had faced possible termination due to personnel actions. The union attorney successfully represented the faculty members so that they were not terminated, but they were suspended for one semester by the Board of Trustees.

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CCA Conference, October 2014

KCCD / CCA members Isabel Stierle, Terry Crewse, and Tom Greenwood atteneded the state CCA conference this October.

cca conference october 2014

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CCA Members -- 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?

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?

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?

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.

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!"

Terry Crewse

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Report on the Fairness in Accrediation panel, CCA Conference, October 2014

by Isabel Stierle

During the most recent State CCA conference (the weekend of October 10), a panel presentation was given on fairness in accreditation. Later during the conference a resolution based on Fair Accreditation for California Community Colleges was distributed to be taken back to the respective colleges allowing each Academic Senate and local CCA exec board to evaluate it.
Panel discussion

The panel included three members from Community College of San Francisco [CCSF] (one librarian and former AS President, one former student, one former Board of Trustess member), one from College of the Sequoias [COS], one from Victor Valley College [VVC]. This panel is visiting colleges around the state to present their issues.

No one from ACCJC was represented.

Community College of San Francisco

In 2012, CCSF knew they had financial difficulties, they were given a warning and they expected to be put on probation. Instead they were placed on "show cause" and were told they were going to be shut down. The quality of education was not criticized according to one panel member.

CCSF was given eight months to correct the situation instead of the usual two years.

They worked with the community to pass local propositions to help balance the budget. They worked on SLO's, governance issues, and other related recommendations.

As of July 2013, accreditation was recommended to be revoked, though this was not a final decision. The elected board of trustees was removed and a special trustee was appointed.

In July of 2014, again the accreditation was recommended to be removed and CCSF is seeking an appeal on this decision.

At its peak CCSF had 100,000 students, but typically 90,000 students were served. Currently, only 60,000 students are served by CCSF due to the uncertainty of the accreditation. The students largely fall into minority, immigrant, DSPS, and other populations.

Links to some websites and articles

This is obviously a very complex issue and warrants a campus-wide discussion. Accreditation experiences will vary widely between different campuses across the state of California.

ACCJC 

http://www.accjc.org

CCSF key documents

http://ccsfforward.com/our-progress/key-documents/

COS key documents 

http://www.cos.edu/Accreditation/Pages/ACCJC-Reports-Communications.aspx

Victor Valley College

http://www.vvc.edu/offices/oie/accreditation/VVC%20Accreditation%20Follow-Up%20Report%20Final%20120308.pdf

Faculty Association of California Community Colleges (FACCC)

http://us3.campaign-archive1.com/?u=9cd5035225123d619f1225c33&id=04456a01a0&e=d35419f3f4 

Newspaper article on upcoming trial

http://www.sfbg.com/politics/2014/10/09/accjc-dismissal-rebuffed-city-college-goes-trial-its-life-18-days

AFT local article

http://www.aft2121.org/2013/08/department-of-education-concludes-accjc-violated-federal-regulations-in-three-areas-read-the-official-letter/

SF Examiner article about upcoming trial

http://www.sfexaminer.com/sanfrancisco/trial-date-set-for-ccsf-accreditation-lawsuit/Content?oid=2753842

Business practices

http://www.sfexaminer.com/sanfrancisco/sides-drawn-in-courtroom-showdown-over-ccsf-accreditation/Content?oid=2896096

 

Isabel Stierle

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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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