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The Union Advance

Cerro Coso College * Bakersfield College * Porterville College

April 2016

In this issue:

Your Vote Matters

April Is Part-time Faculty Appreciation Month

What Does the CCA Do for You?

Know Your Weingarten Rights

Who Is My CCA Rep?

Reminder: The New Sick Leave Form (Instituted Fall 2015)

 

April 2016 Newsletter (Downloadable Word Document)

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Your Vote Matters

This year has been a busy one for our faculty union as negotiators reached agreements with the district on faculty chair compensation, contracts for librarians and counselors, and working conditions for teachers who volunteer to teach in prisons. During the April 21-22 election, CCA members will be asked to ratify these memorandums of understanding, or MOUs. They also will be asked to approve a change in our bylaws’ language so that future MOUs will be voted on by our members to ensure transparency. Below is a breakdown of what CCA members will be asked to vote on in the upcoming spring election:

Health Benefits: Perhaps the most important vote CCA members may cast will be the one on health benefits. In the Kern Community College District, employees have not had to pay for health benefits since our self-insured health insurance reserves have covered their costs. Both CCA and CSEA negotiated excellent health benefits, which are included in our contracts as a part of our total compensation.

However, our health costs have increased in recent years and the health insurance reserves are dwindling. Should we stay self-insured and attempt to rebuild these reserves, or should we join the larger SISC pool of about 300,000 school district employees?

We sent out a survey asking all faculty and faculty retirees which option they’d prefer, and we will know the results of that survey soon. While we want to know what all active and retired faculty prefer, it will be our dues paying members who will help determine the future of KCCD health benefits. They will be asked which option they prefer on the ballot. We need to decide this issue, as does CSEA, so negotiators can know the framework for any health plans that are negotiated.

They also will be asked about CCA’s proposal to stay self-insured by having all employees and the district work together to contribute monthly for four years to offset health care costs and help rebuild the health insurance reserves. We will find out where we stand on that proposal when we meet Friday with the district’s team. That negotiations session could determine the ballot questions CCA members will be asked to vote on regarding health benefits in the spring election.

Faculty Chair MOU: Under the proposed 2016-17 agreement, most faculty chairs would receive the same reassigned time or an increase in reassigned time to handle their duties, depending upon enrollments. Approval of this tentative agreement means the changes would take effect in Fall 2017 and the agreement becomes a part of the language of the next three-year contract. Rejection of the tentative agreement means no change in chair reassigned time will occur and the current contract language remains as is.

Prison MOU:

Under the proposed 2016-17 agreement, teachers can’t be assigned to teach in a prison or correctional facility; all assignments must be made on a volunteer basis. Those who volunteer will receive $120 for a prison tour; $240 for district-provided training; and mileage reimbursement when no district vehicles are available. If the district-provided trainer is a faculty member, the trainer will receive $240. Faculty will teach in rooms designed as classrooms in the prison; the colleges will provide all required instructional and safety equipment for instructors; and faculty who revise instructional materials to adapt these to teach in a prison can seek compensation if they fill out the correct form and are approved for this pay before they make the revisions. CCA and the district agreed to waive faculty evaluations for 2016-17 until that issue is negotiated in fall. If no agreement is reached, evaluations using the current faculty evaluation process will resume in Fall 2017.

Librarians and Counselors MOU:

Under the proposed 2016-17 agreement, librarians and counselors will have 185-day contracts and this will be reported to CalSTRS as base compensation.

Bylaws Change:

We want to change our bylaws so that future MOUs will be approved by our members. Here is the proposed bylaws revision with changes in red:

Section 3. The Executive Council shall provide for the dissemination of information regarding Negotiating and the activities of the Negotiating Team to the general membership. Agreements, including Memorandums of Understanding, that are reached between the Negotiating Team and the Board of Trustees or its representatives shall be considered tentative and not binding upon the Association until such agreements have been ratified by the unit membership. [Proposed language removal: "unless such ratification shall have been specifically waived or otherwise delegated by the unit membership."]

Your Involvement Matters

We are fortunate because most CCA negotiators have agreed to return to negotiate the next three-year contract, a process that will start in fall. This year provides an excellent opportunity for future negotiators to shadow CCA’s team and learn about the interest-based bargaining process. If you want to do this, please contact your campus rep now so we can include you in our fall interest-based bargaining training.

You also should be aware that CCA looks for representatives and officers at all of our campuses because we want to ensure our members are represented well. If you care about your colleagues, your working conditions, your health benefits, your salary, and you believe in a strong faculty voice, now is the time to step up and become involved in your faculty union. You may become a part of the next group of representatives, officers, and negotiators who brings about positive changes on behalf of faculty.

 

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April Is Part-time Faculty Appreciation Month

April iIs Part-time Faculty  Appreciation Month________________________________________________________________________________________________

 

What Does the CCA Do for You?

1) We negotiate higher salaries, including higher starting salaries for new faculty.
Starting salaries are the highest we’ve ever negotiated thanks to a new salary scale that was approved in our latest contract. Both CCA and district officials wanted to boost starting salaries to attract quality teachers and remain competitive with other districts. The new salary scale eliminated salary plateaus so faculty could earn higher salaries more quickly, and it also added some pay increases for those instructors already at the top of the salary scale.

2) We negotiate excellent health benefits for our faculty.
Despite rising healthcare costs, CCA has worked with district officials to keep faculty health care costs low. Our medical and dental benefits are among some of the best in the state.

3) We resolve grievances.
We are advocates for our faculty, working with them confidentially to resolve work-related complaints. We believe in resolving our differences at the lowest possible level, which means we attempt to work out equitable solutions whenever possible. If the problem persists, a grievance may be filed, and we represent faculty as their advocates in the grievance process.

4) We represent all faculty.
CCA represents all full-time and part-time faculty at three colleges and satellite sites in the Kern Community College District. CCA officials attend numerous district and college committee meetings, including District Consultation Council and Board of Trustee meetings. We also work closely with the Academic Senate at each campus.

5) We have strength in numbers.
CCA is the sole bargaining agent for faculty. As part of the California Teachers Association and the National Education Association, our leaders work hard to negotiate good salaries, benefits, and better working conditions so we can continue to attract excellent faculty to our colleges.

6) We communicate with you.
CCA discusses faculty issues at monthly meetings, via e-mail, our website, and through an online newsletter, The Union Advance. We want you to know what is going on at your campus and at the district.

7) We support CSEA.
We work closely with the California School Employees Association, which represents classified employees, because we know that classified staff, faculty, and administrators must work together to encourage student success.

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Know Your Weingarten Rights

When Do You Need A CCA Representative?


• You are asked to meet with a supervisor regarding concerns about you or your job performance.
• You are asked to meet for an investigation into an HR, student, community, or ethics complaint.
• You are asked to meet with a private investigator or lawyer hired by the district. Contact a CCA college representative immediately so you have a representative with you during this interview. You also have the right to postpone the interview until the representative can attend with you.
• You are asked to be a witness in any investigation about anyone else.
• Anytime you believe a meeting could result in disciplinary action.

What Do You Say?

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, you must request them. If you are in a meeting with management and want representation, make sure you say something along the lines of the following:

“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 you request that a union representative 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.

Source: http://cca4me.org/uploads/WeingartenRightssheet.pdf

Who Is My CCA Rep?

CCA College Representatives

Chairs:

CC Chair: Christine Abbott, cabbott@cerrocoso.edu
PC Chair: Ann Marie Wagstaff, awagstaf@portervillecollege.edu
BC Chair: Edward Borgens, eborgens@bakersfieldcollege.edu

Representatives:

CC: Jan Moline, jmoline@cerrocoso.edu
PC: Terry Crewse, tcrewse@portervillecollege.edu
BC:  Isabel Stierle, istierle@bakersfieldcollege.edu.
BC: Nick Strobel, nstrobel@bakersfieldcollege.edu.

Adjunct Representatives:

KCCD Adjuncts: Nicole Celaya, nicole.celaya@portervillecollege.edu
CC Adjuncts: Barbara Walls, barbara.walls@cerrocoso.edu
 
Grievance:

CC:  Mary O’Neal, moneal@cerrocoso.edu
PC: Mary O’Neal, moneal@cerrocoso.edu
BC: Michael Harvath, mharvath@bakersfieldcollege.edu

Remember, it is up to you to request a representative. When you do, CCA will be there for you.

 

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Reminder: The New Sick Leave Form (Instituted Fall 2015)


The new sick form requires a faculty member to list how much time to be deducted in days.
When CCA negotiated this, we were told that sick leave in Banner would be listed as days, rather than hours, so that deducting sick leave would be easier. However, KCCD just recently increased a sick day to 8.75 hours from 8 hours, and Banner still lists sick leave in hours. Because of this, CCA recommends faculty members also write in the hours missed on the new sick leave form for their own records.

To help clarify how to figure out hours missed using the 8.75 day, here are two examples:

Example 1:

Question:  A faculty member is teaching a lecture class that meets for 1½ hours and also a lab section later that day that meets for three hours.  The faculty member is going to miss the lecture class, but teach the lab class. How much sick leave should be deducted?

Answer:  The total number of hours of the teaching assignment is 4.5 hours.  Since the faculty member is missing the lesser of the two assignments, the missed lecture class should be calculated as 1.5 hours missed of 4.5 hours.  Dividing these two amounts would equal 0.33 or 1/3 of a day.  Since the new sick leave form is in days, but Banner keeps track of sick time in hours, CCA advises that you write the number of hours that are deducted for record-keeping purposes.  The number of hours deducted would be 2.89 hours (0.33 X 8.75 = 2.89, with the hours rounded to the nearest hundredth).

Example 1

Example 2:


Question:  A faculty member is teaching three lecture classes in a single day on a 15-hour base, and he has a lab assignment for two hours that is on a 30-hour base. How much sick leave should be deducted if the faculty member misses the lab assignment?

Answer:  Convert the 2-hour lab assignment to a 15-hour base.  Two hours at a 30-hour base would be the equivalent of 1 hour at a 15-hour base.  This would mean that the faculty member has 4 hours that day at the 15-hour base (3 hours for lecture, and 1 hour for lab).  Since the faculty member is missing the lab assignment only, he would deduct 1 out of 4 hours, or ¼ of a day, or .25.  In this case, the number of hours deducted would be 2.19 hours (0.25 X 8.75 = 2.19)

Completing this last step on the form helps you keep track of the sick leave you’ve used and compare these to what is reported in Banner. Should you have questions on your sick leave balance, please contact Kimberly McAbee, KCCD payroll specialist, at kmcabee@kccd.edu.

Example 2

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