Common use of A Bargaining Unit Clause in Contracts

A Bargaining Unit. Faculty Member with a continuing appointment may be terminated for lack of need if (a) enrollment declines extending over at least three academic semesters or (b) curricular changes have resulted in reduced demand that eliminates the need for more than half of the Member’s annual teaching load (which load shall include “alternate classes that the Member is qualified to teach” pursuant to Section 15.4.1). 15.4.1 Before terminating a Member for lack of need, the University will make a good faith effort to find alternate classes that the Member is qualified to teach. In particular, the University shall assign classes to the Member that would otherwise be taught by persons who are in neither the TET or the NTE Bargaining Unit. 15.4.2 Terminations for lack of need will be done by inverse order of seniority pursuant to Sections 17.6.2 – 17.6.4.3. 15.4.3 For two years following a termination for lack of need, the University will provide the terminated Member the opportunity to teach classes he or she is qualified to teach before assigning the classes to a non-bargaining unit faculty member. For such teaching, the terminated Member will be paid a rate proportionate to pay he or she would have received for teaching the class on a full time basis. Thus, a Member who had an annual teaching load of seven classes would be employed as an adjunct and paid at rate equal to one-seventh of her or his full-time salary for each class taught. 15.4.4 If, within two years of a Member’s termination for lack of need, the University opens a full-time teaching position for which the terminated faculty member is qualified, the terminated Member shall be offered that position. 15.4.5 When a ▇▇▇▇ anticipates terminating a Member(s) for lack of need, he or she shall notify the ▇▇▇▇▇▇▇ and the AAUP-WSU. 15.4.6 The ▇▇▇▇▇▇▇ or designee shall call a meeting with the ▇▇▇▇, the Member(s), and a representative of the AAUP-WSU. The purpose of this meeting shall be to reveal and clarify all related facts in the matter and to explore whether there are reasonable alternatives to termination. Additional meetings may occur provided the ▇▇▇▇▇▇▇ or designee and either the Member or the AAUP-WSU believe that further meetings will serve a useful purpose. 15.4.7 If, following the meeting, the ▇▇▇▇▇▇▇ believes that termination is necessary, he or she will provide a written statement to the Member(s) and to the AAUP-WSU explaining the basis for the termination(s). 15.4.8 Within twenty working days after receiving the ▇▇▇▇▇▇▇’▇ written statement, the Member may submit a written rebuttal to the President, as may AAUP-WSU. 15.4.9 Within twenty working days after receiving a written rebuttal from the Member and/or AAUP-WSU, the President will send a written statement to the Member and the AAUP-WSU confirming or reversing the termination(s). If the final decision is for termination, the Member will not be terminated any sooner than one year following the date of the written statement confirming the termination. Alternatively, the University may pay salary and provide full benefits for all or part of the one year. 15.4.10 At the sole discretion of the AAUP-WSU, the final decision may be taken directly to binding arbitration. The timelines, procedures and the costs of arbitration will be governed by the provisions concerning arbitration in Section 16.6.

A Bargaining Unit. Faculty Member with a continuing appointment may be terminated for lack of need if (a) enrollment declines extending over at least three two academic semesters or (b) curricular changes have resulted in reduced demand that eliminates the need for more than half of the Member’s annual teaching load (which load shall include “alternate classes that the Member is qualified to teach” pursuant to Section 15.4.1). 15.4.1 Before terminating a Member for lack of need, the University will make a good faith effort to find alternate classes that the Member is qualified to teach. In particular, the University shall assign classes to the Member that would otherwise be taught by [persons who are in neither the TET or the NTE Bargaining UnitUnit.an] adjunct unless the Member is not qualified to teach the class assigned to the adjunct. 15.4.2 In the case of two or more Members who are qualified to teach the same courses, Terminations terminations for lack of need will be done by inverse order of seniority. If only one of them is qualified to teach a specific course that is needed by the university, however, then seniority will not apply. pursuant to Sections 17.6.2 – 17.6.4.3. 15.4.3 For two years following a termination for lack of need, the University will provide the terminated Member the opportunity to teach classes he or she is qualified to teach before assigning the classes to a non-bargaining unit faculty member. For such teaching, the terminated Member will be paid a rate proportionate to pay he or she would have received for teaching the class on a full time basis. Thus, a Member who had an annual teaching load of seven classes would be employed as an adjunct and paid at rate equal to one-seventh of her or his full-time salary for each class taught.For example, a Member whose standard teaching load is 24 semester hours per academic year will be paid 1/24th of his or her base salary at the time of termination per semester hour taught. 15.4.4 If, within two years of a Member’s termination for lack of need, the University opens a full-time teaching position for which the terminated faculty member is qualified, the terminated Member shall be offered that position. 15.4.5 When a ▇▇▇▇ anticipates terminating a Member(s) for lack of need, he or she shall notify the ▇▇▇▇▇▇▇ and the AAUP-WSU. 15.4.6 The ▇▇▇▇▇▇▇ or designee shall call a meeting with the ▇▇▇▇, the Member(s), and a representative of the AAUP-WSU. The purpose of this meeting shall be to reveal and clarify all related facts in the matter and to explore whether there are reasonable alternatives to termination. Additional meetings may occur provided the ▇▇▇▇▇▇▇ or designee and either the Member or the AAUP-WSU believe that further meetings will serve a useful purpose. 15.4.7 If, following the meeting, the ▇▇▇▇▇▇▇ believes that termination is necessary, he or she will provide a written statement to the Member(s) and to the AAUP-WSU explaining the basis for the termination(s). 15.4.8 Within twenty working days after receiving the ▇▇▇▇▇▇▇’▇ written statement, the Member may submit a written rebuttal to the President, as may AAUP-WSU. 15.4.9 Within twenty working days after receiving a written rebuttal from the Member and/or AAUP-WSU, the President will send a written statement to the Member and the AAUP-WSU confirming or reversing the termination(s). If the final decision is for termination, the Member will not be terminated any sooner than one year following the date of the written statement confirming the termination. Alternatively, the University may pay salary and provide full benefits for all or part of the one year. 15.4.10 At the sole discretion of the AAUP-WSU, the final decision may be taken directly to binding arbitration. A Bargaining Unit Faculty Member who wants his or her case taken to binding arbitration must file a request in writing with AAUP-WSU within 15 business days of receiving the decision. The timelines, procedures and the costs of arbitration will be governed by the provisions concerning arbitration in Section 16.6.