ARTICLE 16: UPGRADING OF TEMPORARY AND PERMANENT PART-TIME FACULTY
(Provisions of Article 16 do not apply to unit members assigned to the Children’s Center.)
16.1 Filling of Permanent Positions
16.1.1 Discretionary Hires. All permanent positions shall be filled according to the following procedures, except that each year one (1) position shall be allocated at the discretion of the Superintendent/President. In addition to this exception the Superintendent/President may insert a discipline for discretionary selection, after the 5th hire, after the 8th hire, after the 11th hire, and after the 14th hire in any given year. The insertion of discretionary selections by the Superintendent/President does not alter the ranked order of the disciplines on the list.
16.1.2 Definition: Total Number of Hires. The total number of hires in any year will include single discipline hires (Article 16.7), Superintendent/President discretionary hires and hires from the ranked list.
16.1.3 Non-Instructional Upgrade. This article does not apply to reassignment of existing permanent staff nor to upgrading in non-instructional areas. Upgrading procedures for non-instructional areas will be negotiated by the Professional Affairs Committee.
16.2 Part-Time/Full-Time Ratio
The District shall comply with the state mandated part-time/full-time ratio as stipulated in Title 5 California Code of Regulations, Sections 51025, 53310 through 53312.
16.2.1 Identification of Instructional FTE. The total credit permanent and temporary instructional FTE by discipline will be based on the EMP-216A report generated on or about the first census of each semester, modified in the following manner.
(a) All units taught by temporary instructors replacing permanent faculty on sabbatical leave, legislative leave, long-term unpaid leave, military leave, disability leave, pregnancy leave, semester-long sick leave or jury duty, reduced load and reassigned time shall be excluded from the temporary unit total.
(b) Permanent units available due to known retirements shall be transformed into temporary units for purposes of this calculation.
(c) A percentage is then computed based on the total permanent credit instructional FTE and the adjusted temporary FTE.
(d) These exclusions apply to the calculations in 16.5 (a) and (b) as well.
16.2.2 Units Eliminated. PAC shall eliminate the following units from the percentage calculation above and 16.5 (a) and (b).
(a) Disciplines having specialty units requiring special skills unlikely to be possessed by persons of more general qualifications. "Specialty" units are those which, if grouped together into a full-time position, would result in a position with such diverse areas of expertise that a single individual could not be expected to possess them all, e.g. 30 temporary units per year exist in drama, but 6 are in the area of costume design, 6 in lighting, 6 in set design and construction, 6 in stage makeup, and 6 in drama acting courses.
(b) Disciplines having "event-related" teaching units, such as sport team coaches, guest music conductors or guest directors of drama productions.
16.2.3 Tie Vote. In case of a tie vote by the PAC, the issues of 16.2-16.2.2 will be decided by the Superintendent/President, in accordance with the contract definitions of the terms used in 16.2-16.2.2.
16.3 Time Line for Completing Upgrade
The PAC shall be supplied with data to rank each discipline's need for new permanent faculty. The PAC shall complete the ranking and allocate positions based on this ranking by November 15 of each academic year.
16.4 39 Teaching Unit Provision
Based on calculations defined in 16.2.1 and 16.2.2 above, during the current Fall semester, no upgrading shall occur in any discipline with less than thirty-nine teaching units taught by temporary unit members during the preceding academic year. If the percentage of the total temporary credit instructional FTE exceeds 25% and no discipline has 39 or more units taught by temporary unit members; or the percentage of the total temporary credit instructional FTE is below 25% and no discipline has 39 or more units taught by temporary instructors and the District wants to create permanent position(s); then the District shall combine disciplines where practical and where units exist to support a combined position.
16.5 Ranking of Disciplines
The PAC shall rank each discipline defined on the list of existing disciplines (15.8.7) from high to low in the following categories: ("high" = 1, "low" = x). For the purposes of this section the ESL discipline shall include all credit ESL course offered in both the English/Humanities (SL courses) and Communications Departments (ESL courses).
(a) The percentage of teaching units assigned to temporary faculty in the current Fall semester.
To do this calculation:
1. Exclude all "specialty" units. "Specialty" units are those which, if grouped together into a full-time position, would result in a position with such diverse areas of expertise that a single individual could not be expected to possess them all, e.g. 30 temporary units per year exist in drama, but 6 are in the area of costume design, 6 in lighting, 6 in set design and construction, 6 in stage makeup, and 6 in drama acting courses. In order to designate courses as "specialty," the department must, in conjunction with the appropriate Dean, review all classes to determine the "specialty" units.
a. However, if there are enough units in one "specialty" area to make a full-time position i.e. 30 units), then these units are no longer to be excluded.
2. Exclude all units of reassigned time (even those held by temporary instructors), as well as all types of leaves as outlined in 16.2.1
3. Include "Teaching" overloads in the calculation of the total units in the discipline; count overload units as temporary units in the percentage calculation.
(b) The average percentage of teaching units assigned to temporary faculty during the preceding 3 complete academic years.
1. To account for new hires from the upgrading from the previous year, 30 temporary units will be deducted from each discipline from each previous year for each full-time instructor hired in that discipline.
2. All units excluded and included in 16.5 (a) 1., 2. and 3. apply.
(c) The WSCH/FTE in the current Fall semester.
Data for calculation:
1. Prior to Fall, 1991, the average of the 1st and 2nd Census is used.
2. Fall, 1991 forward, only the 1st Census is used.
(d) The average WSCH/FTE for the last 3 complete academic years.
1. The data for calculation would be the same as 16.5 (c)
(e) Stability over the last 3 complete academic years and the current Fall semester. The categories and computation rules for stability are as follows:
1. Increasing WSCH/FTE
3. Declining WSCH/FTE
16.5.1 The rankings for the above three categories will be a 1 for "increasing WSCH/FTE"; for "Stable" the number that is 10% of the total number of disciplines being ranked or the number 3, whichever is greater. For "Declining" the discipline will be disqualified from consideration. To determine the stability the percent change (up or down or zero) between successive years is computed to one decimal place. That is, the percent change from year 4 to year 3, from year 3 to year 2 and from year 2 to year 1. These three percentages (positive and/or negative) are added to produce a total percent change over the four years. If the total percent change is greater than + 5% the discipline is "increasing". If the total percent change is less than - 5% the discipline is "declining". Anything else is "stable". For computations done in 1988-89 the percentage boundaries will be + or - 4%.
16.5.2 The ranking numbers will be added together and the lowest total score is first priority for upgrade. Once a position is allocated to a specific discipline, the ranking in 16.5 (a) and (b) above shall be recalculated, and a new ranking of disciplines produced, before allocating the next position. The recalculation will be as if the new permanent position existed during the years under consideration.
16.5.3 For 16.5 (c) and (d) above, if a discipline has its enrollment limited by state mandate or work stations, then the PAC shall compute an adjusted WSCH/FTE. This number shall be the actual enrollment as a percentage of the total possible enrollment in that discipline times the WSCH/FTE of the third ranked discipline in that category.
16.6 Breaking a Tie
In case of a tie, the discipline having the higher percentage of temporary faculty in the current Fall semester ranks higher. If there is still a tie, successive individual academic years are considered until the tie is broken.
16.7 Discipline Exceptions
(a) Discipline: No Permanent Faculty. If a discipline has or will have no permanent faculty, the PAC may allocate a permanent position to that discipline.
(b) Vocational Discipline. If after 30 days of open recruitment, which shall include advertisement in major Bay Area newspapers and the personnel offices of the Bay Area colleges and universities, no acceptable temporary employees can be identified for a vocational discipline, the PAC may allocate a permanent position to that discipline.
(c) Professional Requirements. If a discipline has professional requirements defined by an authorized agency(ies) (e.g. Bureau of Registered Nursing) beyond those required by Title 5 and/or Education Code for certifying instruction, student-teacher ratio or other specific requirements as defined by law or regulation, a full-time position shall be allocated at the discretion of the Superintendent/President. The upgrade calculation provisions of Article 16 of the CBA shall not apply to this allocation. Articles 16.9, 16.11, 16.12 and 16.13 of the CBA shall still apply. This allocation shall not be counted in the total number of hires as defined in Article 16.1.2 of the CBA. The District shall provide to UPM laws and/or regulations that substantiate the position allocation.
16.7.1 Tie Vote on (a) or (b). In the case of a tie vote by the PAC on either of the two types of allocations in 16.7 (a) or (b), the presidents of UPM and the District shall make the decision.
16.8 Hiring Order of Positions
The PAC shall submit to the Vice President of Academic Affairs a list of the top five positions eligible for upgrading based on the formula contained in Article 16.5 from which the District may assign full-time positions to the appropriate discipline(s) in any order. Any position assigned in addition to the top five, except as provided for in 16.1.1, shall be assigned in ranked order determined by the PAC. The Vice President of Academic Affairs shall explain in writing to the PAC the rationale for the assignment of these full-time positions.
16.9 Right to Additional Upgrading
The right to additional upgrading shall not be denied to permanent part-time unit members, subject to competency and qualification constraints and availability of positions. Permanent part-time unit members shall be upgraded to full-time status before temporary units are upgraded to permanent status in that discipline. The right to teach additional temporary units shall not be denied to permanent part-time unit members, subject to schedule constraints.
16.10 WSCH/FTE Procedure
If WSCH/FTE ceases to be a practical measure as used in this procedure, UPM and the District will meet to negotiate an alternate procedure.
16.11 Temporary Credit Unit Member: Advancement to Interview
Temporary credit unit members in all disciplines and non-credit ESL unit members, with a minimum of five (5) years of employment (a total of ten (10) semesters or fifteen (15) quarters) within the MCCD, shall be automatically advanced to the interview stage of the hiring process for all permanent positions for which they apply and are minimally qualified.
16.12 Hiring of Sabbatical Leave Replacements
Sabbatical leave replacements shall be hired from among the temporary credit unit members when it is determined by the District that such replacements are necessary, and further, if such temporary credit unit members meet the minimum qualifications to teach the required courses (not to conflict with rehire rights).
16.13 Substitute Positions
Temporary credit unit members shall be offered substitute positions if they place their name on a list (maintained by Dean(s) designated by the District). Temporary credit unit members on these lists shall be offered substitute work if the need for the substitute teacher is known by the District 48 hours before the class/service involved begins (not to conflict with rehire rights).
16.14 Upgrading for the Library Discipline
(a) Formula - Initial Hire. For the initial hiring of a full-time librarian, if the complement of part-time librarians reached or exceeded 33% of the total library complement in either Fall semester or Spring semester, 1998, there shall be an upgrade to a full-time librarian position, to be hired in Spring, 1999.
(b) Formula - Subsequent Hires. All subsequent upgrading of full-time librarians shall be based on the following formula: Whenever that portion of the temporary faculty assigned to the library discipline exceeds the average of 33% in a period of two consecutive semesters, there shall be an upgrade to a permanent full-time position.
(c) Assignments Excluded from Formula. With the exception of the initial upgrading described in (a), all full-time librarian positions and library FTEF assigned to temporary faculty replacing permanent faculty on sabbatical leave, legislative leave, long-term unpaid leave, military leave, disability leave, pregnancy leave, semester long sickness leave or jury duty, reduced load, or reassigned time shall be excluded from the calculations in (b).
16.15 Upgrading for the Counseling Discipline
Separate MOU - The District agrees to an initial hire of a full-time, permanent counselor in Spring semester, 1999.
(a) Upgrade Process. The upgrade process will be conducted by the Professional Affairs Committee (PAC) each Spring.
(b) Formula - Subsequent Hires. All subsequent upgrading of full-time, permanent counselors shall be based on the following formula: Whenever that portion of the temporary faculty assigned to the counseling discipline exceeds the average of 40% in a period of two (2) consecutive semesters, (beginning Fall 1999 and thereafter) there shall be an upgrade to a permanent, full-time position.
(c) Full-Time Counselor Load. For purposes of all calculations, a full-time counselor load shall be regarded as 929.6 hours of assigned time per fiscal year, assigned to the functions identified in 8.6.1 of the UPM contract.
(d) Exclusions from Formula Due to Funding Source. The calculation of temporary and permanent counselors will include only those funded through unrestricted and matriculation funds. All other areas of counseling are excluded from the formula due to their unique mandated requirements.
(e) Assignments Excluded from Formula. All Counseling FTEF assigned to temporary faculty replacing permanent faculty on sabbatical leave, legislative leave, long-term unpaid leave, military leave, disability leave, pregnancy leave, semester-long sick leave or jury duty, reduced load or reassigned time, shall be excluded from the calculation.
(f) District's Discretion to Hire. If new federal or state mandated programs require an increase in permanent positions in Counseling, the District has the discretion to hire counselors outside the parameters of the formula.