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Key RTP Articles in the CBA

Key RTP Articles in the CBA. Relevant Articles 6, 10, 11, 12, 13, 14, 15 and 16. Retention Tenure & Promotion. Key RTP Articles in the CBA Overview of RTP Cases Presented by: Chuck Marchese. Article 11: Personnel Files. Article 12: Appointment.

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Key RTP Articles in the CBA

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  1. Key RTP Articles in the CBA Relevant Articles 6, 10, 11, 12, 13, 14, 15 and 16

  2. Retention Tenure& Promotion Key RTP Articles in the CBA Overview of RTP Cases Presented by: Chuck Marchese

  3. Article 11:Personnel Files

  4. Article 12:Appointment Art. 12.2 - Requires written notification of the evaluation criteria and procedures in effect at the time of your initial appointment and any changes prior to commencement of the evaluation process Art. 12.21 - Probationary appointments may be for one or more years

  5. Article 13:Probation and Tenure

  6. Article 14:Promotion • Article 14.3 – promotion of a tenured faculty member shall normally be effective the beginning of the sixth (6th) year after appointment to his/her current academic rank/classification • Article 14.2 – consideration for promotion is normally at the same time as consideration for tenure • Article 14.9 - President shall notify the faculty member of the final decision on the promotion no later than June 15 and must provide reasons for denial

  7. Article 15:Evaluation

  8. Article 15:Evaluation

  9. Article 15:Evaluation

  10. Article 10:GrievanceProcedure Major Change: No more Faculty Status Cases The special distinction of Faculty Status Cases for promotion, tenure, appointment and reappointment has been eliminated. These cases will now be pursued through either of the two (2) grievance processes: Contractual Process Statutory Process

  11. Article 10:Grievance Procedure Article 10.4 – Level 1 – Campus Level • Forty – two (42) days to file grievance • Must select which procedure to utilize at filing time • Level 1 meeting held within 14 days of filing • Written response from administrator within 14 days • If grievance is denied, must appeal within 14 days to either: Faculty Hearing Committee, if it’s a statutory grievance Chancellor’s Office, if it’s a contractual grievance

  12. Article 10:Grievance Procedure A Good Change for Faculty • Panel of arbitrators expanded • Challenges to negative decision no longer restricted to procedural or due process violations • The standard for review of an arbitrator is whether the CSU directly wronged the grievant in connection with rights accruing to their job classification, benefits, working conditions, appointment, reappointment, tenure, promotion, reassignment or the like

  13. Article 10:Grievance Procedure Article 10.11 – Faculty Hearing Committee Statutory Grievance Process • Panel selected within seven (7) days • Hearing scheduled to occur within fourteen (14) days of notification to all parties • Hearing limited to one (1) day • Positive recommendation of the FHC rejected by the President can be appealed to arbitration • Negative decision by FHC upheld by President is final – no option to appeal to arbitration

  14. Article 10Grievance Procedure Level ll – Office of the Chancellor Contract Grievance Process • Grievance meeting shall be scheduled within 14 days of the filing • Written response shall be issued within 14 days of the hearing • If the grievance is denied the grievant within 42 days of receipt of the decision can request CFA to file for arbitration

  15. Article 10Grievance Procedure Arbitration • Cases assigned to a panel of arbitrators on rotational basis • Award based solely upon: • Evidence and arguments presented by the parties in the hearing • Record of FHC (if any) • Post-hearing briefs

  16. Article 10Grievance Procedure Arbitration • Arbitrator shall have no authority to add to, subtract from, modify or amend provisions of CBA • Final decision issued within 30 days after close of hearing • Decision shall be binding upon the CFA, the CSU, and the employee(s)

  17. Overview of RTP Cases Common Types of CasesQuestions to Ask Historical Overview Promotion and Retention Cases

  18. Evaluating RTP Cases Reappointment Articles 11, 12 and 15 Tenure Articles 13 and 15 Tenure and Promotion Articles 13 and 14 Promotion Articles 6, 11, 14 and 15

  19. Common Types of RTP Cases • Moving goal-line/shifting standards cases • Obsolete RTP policy cases • Bias/poisoned well cases • Discrimination (race, gender, age, etc.) • Double standards/non-uniform application of rules • Hardnosed administrator cases (Nobody gets a “free pass” in my department/college/campus!) • Retaliation/Reprisal cases (I’ll get you for that!)

  20. Questions to Ask When Evaluating RTP Cases • Due process violations of Articles 11 and 15 • Final decision based on PAF • Extraneous matters brought into the review process • Standards and criteria given at the beginning of the probationary period • Proper notification of problem areas through the probationary process • Corrective action taken to address the problem areas • Standards and criteria changed during the evaluation process • Incommensurable evaluations at the different levels • Support by the department and university peer committees • Negative evaluations all at the administrative level

  21. Questions to Ask When Evaluating RTP Cases • President provide the reasons • Reasons compatible with other reviews • Any evidence of animus or a conflict of interest • “the well was poisoned”

  22. Questions to Ask When Evaluating RTP Cases

  23. CFA’s RTP Arbitration Decisions: A historical overview and record Since CFA negotiated its first contract in 1983 the union has filed and prosecuted hundreds of RTP grievances • Arbitration cases • Settlements • Withdrawn cases

  24. Breakdown of Wins and Losses General inferences from sample: • Tenure cases have been tougher to win than promotion or retention cases, but should become easier because of changes to grievance procedure. • Promotion cases are tougher to win than retention cases. • Retention cases are the easiest to win.

  25. Conclusion • Document and keep a record of anything related to RTP matters • Submit rebuttals to unfavorable evaluations and recommendations • Regularly review your Personnel Action File • Submit a written request for a mentor • Prepare as if an RTP dispute is inevitable

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