Postdoctoral Scholars Bargaining Unit (PX)

1. Postdoctoral Scholars Bargaining Unit (PX) Implementation Workshops October 19 and 21, 2010

2. Workshop Presenters • Cindy Doherty- Academic Personnel • Christian Villasenor- Graduate Division • Farfalla Borah- Employee & Labor Relations • Cora Diaz- Sponsored Projects • Cyndi Richardson- Benefits • Billy Ko- International Students & Scholars

3. The Big Picture • The University of California and the United Auto Workers (UAW) have agreed to a first union contract for Postdoctoral Scholars (PX), effective 8/12/2010 • This is the first union contract of its kind in the United States. Contract compliance is critical. Both UC and UAW will closely monitor the University’s administration of the new contract.

4. What does this mean for UC? • The University cannot make unilateral changes to the terms & conditions in the union contract. • Faculty and PI’s do not have independent discretion to change or alter the terms of the union contract. • Failure to abide by the contract provisions could result in a grievance.

5. Wages, hours, benefits and working conditions are negotiated between UC and UAW, not between the individual Postdoc and the faculty member or PI. Postdocs must pay dues or fair share fees to UAW. The UAW must represent the Postdoc in any contract disputes. What does this mean for Postdoctoral Scholars?

6. UC-UAW Postdoc Contract • Available on the UCOP web site via Academic Personnel web site at: http://ap.ucsb.edu/policies.and.procedures/collective.bargaining.contracts/ • Campus policy and procedure, including Appointment Form, in the Red Binder, section III, 18-20, available on the Academic Personnel web site: http://ap.ucsb.edu/policies.and.procedures/red.binder/index.cfm • Additional information available on the Graduate Division web site at: http://www.graddiv.ucsb.edu/postdoctoralscholars/

7. Definition of a Postdoctoral Scholar • Employed in a full-time training program of advanced academic preparation and research training under the mentorship of a faculty member • Payroll title of Postdoctoral Scholar: • Employee • Fellow • Paid Direct

8. A Postdoctoral Scholar A program of mentorship and training Five years or less since PhD Initial appointment of at least one year Appointment is 100% time Not A Postdoctoral Scholar Support position on research team Independent researcher Short term visitor Appointment is part time A Postdoc or not

9. Postdoc Paid-directs • Bring their own outside money • If less than salary scale minimum must supplement • Entitled to benefits • Entitled to salary increases

10. Appointment Process • All steps take place prior to hire date • Department/PI has preliminary conversations with the Postdoc • Department submits hiring request to Graduate Division 30 days prior to start date • Graduate Division approves appointment • Department sends offer letter/notice of appointment to the Postdoctoral Scholar • Postdoctoral Scholar signs and returns the notice • Department enters employee into PPS

11. Appointment Form • Postdoctoral Scholar Appointment Form (Red Binder III-20) • UCSB Biography Form • Up to date CV • Attachment A; recruitment information • Postdoc no longer signs form • Other modifications to form to comply with contract

12. Appointment Letter/Notice of Employment • Must contain specific information; be sure to use template • Must be signed prior to the start of the initial appointment • Must be sent to the Postdoc 30 days prior to the reappointment date, or as soon as practicable for reappointments • Give the employee a copy of the signed document, send a copy to Graduate Division, and keep the original in the department files

13. All requirements for degree complete but degree not yet conferred Request exception Provide documentation Letter from institution verifying requirements complete and stating date degree to be conferred All requirements for degree not complete Can not appoint as Postdoc Can be in another title short term if duties fit that title Consult with Grad Div, Office of Research, & Benefits PhD not yet finalized; what to do?

14. Exceptions; Approval required by Graduate Dean • For less than 100% for a limited time if: • Also holding a teaching title (Lecturer) • At the employee’s request • Note that this is used for reduced effort, not for reducing pay • More than five years since PhD conferred • Need reasonable justification

15. Reappointments • Process is the same as for initial appointment • Must include annual evaluation of the Postdoc • Reappointment may be for less than one year: • Funding is available for less than an additional full year. • The project will last less than an additional full year. • Visa limitations • At the request of the Postdoctoral Scholar, to “bridge” for a short period prior to other employment

16. What to do if funding isn’t in place RAS • Approvals (AS, HS, etc). Compliance actions can hold up processing of award. • Dept assume risk • Pre-Award Costs • Sponsor Policy • Award Terms and Conditions

17. Funding • Rebudgeting • Sponsor Policy • Award Terms and Conditions • Funding from another source if allowable and allocable • Don’t forget to build the increase into proposal budgets.

18. Benefits • PPO: • 2011: Postdocs will keep the current PPO contribution ratios for the life of the Agreement (as costs go up so do the Postdoc payments) • HMO: • 2011: UC will keep the current Health plan design & pay premiums with a slight increase to departments in 2011. • HMO: 2012- 2015: Postdoc will pay a % of the monthly contributions. Premium will increase based on family coverage level.

19. Benefits • UCRP-DCP • Eligible Postdocs will redirect DCP contributions to the UCRP. An eligible Postdoc is one who was in a UCRP eligible appointment prior to becoming a Postdoc. • Important Note • When entering address in PPS, use 2nd line for apartment #’s. If address is too long in line 1, characters “fall off” and they don’t receive their insurance cards. Must have a LOCAL ADDRESS to enroll in the HMO, not department address.

20. International Scholars • The University must ensure that visa related paperwork is processed in a timely manner • Prepare Ahead of Time • For visa processing time • Does the Postdoc already have employment authorization? • Do Not Guarantee Specific Visa Types • Possible restrictions based on Postdoc’s immigration status or the position • Permanent Residency Sponsorship not possible in the Postdoctoral Scholar titles

21. International Scholars • Submit the following information to OISS • Postdoctoral Title ( Employee, Fellow, Paid Direct) • Salary Amount • Job Description • Site of Activity/Employment • Visa Chart for Eligible Employment-based Categories on OISS website www.oiss.ucsb.edu/departments/visacategories.aspx

22. Reviews • Annual Reviews • Must be done prior to annual reappointment • Form available on Graduate Division web site at: http://www.graddiv.ucsb.edu/postdoctoralscholars/documents/PostdocEval_000.pdf

23. Other evaluation & mentoring tools • Individual Development Plan • Includes Postdoc’s general individual research goals, professional development and career objectives • Postdoc develops the IDP • Postdoc and supervisor discuss • Progress Assessments • Evaluation of the Postdocs progress and accomplishment in research & professional development • PI communicates expectations within reasonable time of appointment/reappointment • Postdoc may request in expectations be in writing • Periodic informal oral Progress Assessments

24. Compensation • New minimum salary as of Sept. 1, 2010 = $37,740 • Paid Directs must be supplemented if external funding is below minimum. • 1.5% and 3% increases granted as of Sept. 1, 2010

25. Minimum salaries as of June 1, 2011 Based on NIH-NRSA rates.

26. Compensation as of June 1, 2011 • New employees • Must be paid at the new minimum for “experience years” at time of hire • Increase to next higher rate must occur upon anniversary date. Usually coincides with reappointment • On anniversary date, if already paid above the new experience level minimum, Postdoc will be given an increase of at least 2% • May give mid-year increases but will still be subject to anniversary date increases

27. Salary transition; existing employees • Beginning June 1, 2011 through May 31, 2014 • On anniversary date, must begin move to appropriate salary level • If experience level is less than 3% higher than current salary; increase at least to experience level • If experience level is more than a 3% increase, employee can either be increased to the new experience level or be given at least a 3% increase. • If already paid above new experience level rate, must get at least a 2% increase. • By June 1, 2014 all Postdoctoral Scholars must be paid at the appropriate experience level

28. Existing employees • During transition period • All new policies and procedures must be followed for reappointments • Employees can be reappointed on their anniversary date, prior to June 1, 2011, without being given an increase • Increase or not decision should be made in context of future planning and increases

29. Examples of pay increases Currently in year one, anniversary date of 7/1/11 • Current salary of $37,740 • As of 7/1/11 must be reappointed at least at $38,872 (3% increase) • Current salary of $39,000 • As of 7/1/11 must be reappointed at least at $39,756 (new experience level rate) • Current salary of $40,000 • As of 7/1/111 must be reappointed at least at $40,800 (2% increase)

30. Personal Time Off (PTO) • 24 work days for each 12 month appointment (pro-rated for less than full year reappointments) • Available at the beginning of the appointment • Time used recorded in full day increments (tracked outside of PPS) • Paid or not is dependent on the funding source • Unused time does not carry over to future appointments and is not paid out upon end of employment • Time off must be requested and approved by PI/Supervisor (can not unreasonably deny)

31. Sick leave • 12 work days for each 12 month appointment (pro-rated for less than full year reappointments) • Available at the beginning of the appointment • Time used recorded in full day increments (tracked outside of PPS) • Unused time carries over to future appointments, either as Postdoc or in any University title that is eligible for sick leave. • Some unused time is reinstated after short breaks in employment • Time off may be used for ones own illness/medical appointments, childbearing, disability or those of family members

32. Other leaves • Medical • without pay other than use of sick leave or PTO • FMLA eligible if meets criteria • May qualify for disability pay • Bereavement • May use up to 5 days of sick leave or PTO, or unpaid up to 5 days • Jury duty • Eligible for pay during term of service • Military leave • Eligible for unpaid leave as outlined in contract

33. Travel • Are eligible for travel reimbursement if the travel is required. Other may be reimbursed. • In accord with UC travel policies

34. Removal • Removal (initial move to campus) may be reimbursed, by exception, if funding source allows • Exception requests are to be directed to the Associate Vice Chancellor for Academic Personnel

35. Movement to other titles • Can not change the employment title of a Postdoctoral Scholar without notice to the UAW • Postdoc can be hired into a different position once the Postdoc position has ended as long as appropriate search/recruitment processes are followed

36. Union Dues or Fair Share • The UAW has the right to receive union dues or fair share fees from each employee. • Dues- Postdocs may elect to pay union dues. Dues paying members have the right to vote on union matters. • Fair Share- Postdocs may elect to pay Fair Share Fees in lieu of dues if they do not wish to join the union. • They are still, however, represented by UAW and covered by the union contract, regardless of whether they pay dues or fees.

37. Union Dues or Fair Share • As part of the initial appointment process, each Postdoc must be given a Deduction Authorization Form by the University. (Appendix C), available at: • Completed forms should be sent to Employee & Labor Relations for processing.

38. Discipline & Dismissal The UC-UAW union contract provides guidelines for implementing discipline and dismissing Postdocs. Please consult with Academic Personnel or Employee & Labor Relations BEFORE taking any disciplinary actions or dismissing a Postdoc.

39. Health & Safety • Health & Safety continues to be a “hot topic” issue for the unions. • Please insure that all Postdocs receive appropriate campus laboratory safety training. • If a Postdoc expresses concern that his/her work is hazardous or that s/he has not been properly trained, please contact Environment Health & Safety asap.

40. Campus Contacts Graduate Division: Chris Dixon, Christopher.dixon@grddiv.ucsb.edu x4231 Christian Villasenor, christian.villasenor@graddiv.ucsb.edu , x2013 Academic Personnel: Cindy Doherty, cindy.doherty@ap.ucsb.edu , x8332 Labor Relations: Farfalla Borah, farfalla.borah@hr.ucsb.edu, x4482 Benefits: Cyndi Richardson, cyndi.richardson@hr.ucsb.edu, x4263 International Students & Scholars: Billy Ko, tzefung.ko@sa.ucsb.edu, x7150 Office of Research: Sponsored Projects: Cora Diaz, diaz@research.ucsb.edu, x4035

41. To do list! • Review draft documents and provide feedback, if any, by October 27. • Watch for announcement of finalized versions as start using as of November 1 • Remind PI’s, Department Chairs and Directors of training: • Wed. Oct 27 10:00-11:00 2536 Phelps • Thurs. Oct 28 3:30-4:30 2536 Phelps