ARTICLE 8:  WORKLOAD

8.1          Work Week: Full-Time Unit Member

The work week for a permanent/probationary full-time unit member shall be considered to be thirty-seven and one-half (37.5) hours, of which those hours to be specifically assigned are stated below.

8.1.2       A permanent/probationary unit member may voluntarily perform professional service duties in addition to their assigned hours. These duties include, but are not limited to, curriculum development, course revision, updating of curricular materials, attending applicable meetings both on and off campus (committees, outreach to the community).

8.2          Teaching Load

8.2.1       Definition.  The load of a permanent/probationary full-time instructional unit member shall be 14-16 teaching units per week for two (2) semesters of approximately seventeen and one-half (17 1/2) weeks duration, not to exceed one hundred seventy-five (175) days.  A unit member may volunteer (without additional compensation) to provide instructional supervision to students on an individualized basis for the purpose of completing Independent Study 249 ABC offerings.

8.2.1.1    249 Offerings.  It shall be the responsibility of the instructor to notify the supervising Vice President or Dean of the use of 249 students for the purposes defined in Article 8.3.9 (f).  Compensation and the appeal process shall be in accordance with the provisions of Sections 8.3.9 (f) and (h). (In the event the District goes back to ADA based funding, the above provision will be applicable.)

8.2.2           Annual Load Determination.  Annual load will be determined at first census in the Spring semester. For each full-time permanent/probationary instructional unit member the number of teaching units per year will be 30 units, plus or minus one-half (.50) teaching unit.  The base is 30 units and the plus or minus .5 will operate as if it were rounded.  Up to 30.5 units, no overload will be paid.  Beyond 30.5, an overload will be paid above the base of 30.  Down to 29.5 units, no salary will be lost.  Below 29.5, annual salary will be reduced by the percentage below the base of 30 units.

8.2.2.1      “Roll Over” of Unit. The practice of carrying over (roll over) of a unit on the overload contract during the Fall semester is discontinued effective Fall semester, 1999 to comply with Education Code provisions.  EXCEPTION: If a unit member is between 15 and 16 units in the fall semester and will carry 14 units in the Spring semester, the unit member may carry over (roll over) up to 1 unit from the Fall semester for the purpose of meeting the full load unit requirements for the contract year.  Other load configurations that would result in an overload in the fall but not meet the annual overload requirement (above 30.5), may rollover up to 1 unit from the fall semester to avoid having to return any overpayment in the spring.

8.2.2.2    Reassigned Time/Reduced Load.  Any reassigned time or reduced load, when added to the teaching assignment, must equal 30 units plus or minus one-half (.50) unit per academic year.

8.2.2.3    Sabbatical Leave.  In computation of overload, a unit member on sabbatical shall be considered teaching 15 units in the semester(s) of the leave.  If on sabbatical for only half of the academic year, the other semester should comply with a 29.5 unit annual minimum (14.5 units or more per semester).

8.2.2.4    Hour/Class Time Requirement.  In no instance shall more than one and one-half hours of class time be required for one credit teaching unit in laboratory classes, nor shall more than one hour of class time be required per one credit teaching unit in lecture classes.

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8.2.3       Payment for Overload Unit(s)  All units above 15 for the semester or above 30 for the year will be compensated and paid at the overload rate of pay.  The practice of delaying temporary overload payments for full-time unit members until first census in the Fall semester is discontinued effective Fall semester, 1999. 

(a)                 A full-time unit member assigned a temporary overload contract shall be paid in five (5) equal payments, beginning with the first pay period of each semester in which contract service was performed (August of the Fall semester; January of the Spring semester).

(b)                 Department Chairs, UPM and Academic Senate representatives assigned duties during June and July shall be paid in six (6) equal payments beginning in July and/or January.

(c)                 A unit member teaching a late start class(es) shall begin to receive pay on the mid-month payroll following the month in which the service began (e.g. class beginning in October would receive pay for that service on the November mid-month payroll).

8.2.3.1    Salary: Reduced Load.  If a unit member receives a reduced load approved by the UDWC, his/her salary shall be reduced on a pro-rated basis and deducted in equal amounts for the remaining pay periods of the contract.

8.2.3.2    Cancellation of Course/Assignment.  If a temporary overload course or assignment is cancelled before the full-time unit member can perform service for which they have been paid, he/she shall reimburse the District through a pro-rated salary adjustment distributed evenly over the remaining pay periods of the contract.

8.3          Union/District Workload Committee

The Union-District Workload Committee (UDWC) shall be composed of four (4) members, two (2) appointed by UPM and two (2) appointed by the District.  The UDWC shall review and recommend teaching units and/or service hour values to all new courses/assignments in the District, and for all modifications of existing course-teaching unit allocations and/or service hour values.  The UDWC shall make its recommendations according to existing contract standards as defined in Article 8.  The UDWC shall also approve courses identified by departments which require "special skills" for the purposes of the assignment of ETCUMs as provided for in 6.8.3, A.

The UDWC shall also review and recommend each semester all reassigned time assignments, overloads or stipends granted unit members (Form F 8.3).  Temporary unit members are eligible to apply for reassigned time, overload or stipends if they are employed for the equivalent of .40 FTE/year.  This requirement shall be waived if the temporary unit member has expertise otherwise unavailable to the District.  The UDWC shall recommend to UPM and the Superintendent/President all criteria for the granting of such reassigned time, overloads or stipends.  UPM and the Superintendent/President shall modify, delete and/or add to these criteria and these shall be the criteria used by the UDWC for the recommending of such reassigned time, overloads or stipends.  Any criteria not agreed to by UPM and the Superintendent/President shall be submitted to binding arbitration by either party.  The criteria finally agreed upon, and only those criteria, shall be utilized by the UDWC in recommending such reassigned time, overloads or stipends.  Specific reassigned time, overloads or stipends meeting the criteria shall be recommended to the Superintendent/President by the UDWC.  Applicants for reassigned time, overloads or stipends who are denied said reassigned time, overloads or stipends may appeal via the provisions in the Grievance Article of this contract.  In the event that the UDWC cannot make a recommendation, based on a majority decision, on an individual request, the applicant may appeal via the provisions in the Grievance Article of this contract.

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8.3.1       Activities for Use of Reassigned Time, Overload and Stipend.  Reassigned time, overload or stipends may be used for the following:

1.  Governance or performance of special projects for specific periods of time.

2.  Coordination of activities and/or programs not part of the regular workload responsibilities.  Regular workload responsibilities shall be the equivalent of 14-16 teaching units in lecture and/or laboratory, or 28 hours for counselors, or 35 hours for librarians or school nurses.

3.  Academic Senate officers' responsibilities.

4.  Special functions such as budget development, curriculum or program development, program coordination or other special projects.

5.  Field work coordination or internship coordination.

6.  Externally funded grants.

8.3.2       Request Categories.  Requests for overload, stipend or reassigned time shall be classified in one of the following five categories:

I.            Contractually mandated:  required by the current negotiated labor contract

II.           Externally funded:  available through a grant or other externally funded source (See Mmemorandum of   Understanding Re: Solicitation of Faculty Interest in Assignments Funded by Outside Sources (e.g. Grants)

III.             On-going:  activities of two or more semesters duration, including, but not limited to, coordination responsibilities, department chair duties, etc.

          IV.         Academic Senate:  for faculty serving as President or Officers of the Academic Senate or as chairs of the Curriculum Committee or Academic Standards Committee.

           V.           Instructional or learning development:  individual research and development (IR&D) projects by the faculty for one or two semesters, or the Teaching Resource Center Coordinator position.  Said projects shall be for the exclusive purposes of evaluating, and developing new curricula deemed feasible (as opposed to course preparation for current curricula); evaluation and improvement of instructional effectiveness; improving student learning; increasing student enrollment and retention; and encouraging the adoption of instructional, learning or technical innovations.

IR&D Grants are non-transferable.  Funds expended for personnel services and equipment shall be limited to those line items and amounts specified in the grant as approved by the UDWC.  Budget revisions require UDWC approval.

8.3.3       Criteria Evaluated.  All requests for reassigned time, overloads or stipends shall be evaluated using some or all (as explained below) of the following criteria.  For the purpose of ranking, points are to be awarded using the scale indicated.

(1)  The problem or need addressed has been adequately thought out and described (0-10 points).

(2)  The problem or need addressed is in support of one or more of the college's goals and objectives (0-7 points).

(3)  The project activities are likely to contribute to updating curricula or instructional effectiveness (0-10 points).

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(4)  The project activities are likely to increase student learning and/or retention (0-10 points).

(5)  The project activities are likely to encourage the adoption of instructional, learning or technical innovation(s) at the discipline, department and/or instructional levels (0-7 points).

(6)  The proposed cost and probable availability of personnel, equipment, supplies and/or operational support will be available (0-5 points).

(7)  The project activities will not adversely effect the discipline or department budget, facilities or schedule (0-5 points).

(8)  The applicant(s) appears to have adequate experience and/or training to carry out the proposed project (0-5 points).

(9)  Number of years since last award to recipient: [5 years or never awarded = 5 points; 4 years = 4 points; 3 years = 3 points; 2 years = 2 points; 1 year = 1 point; less than 1 year = 0 points].

8.3.4       Criteria Evaluated By Category. 

Category II:  All requests in Category II will be evaluated each semester using criteria #6 - #8.

Category III.  All requests in Category III, except department chairs and coordinators designated in 1.3 of the CBA, will be evaluated each semester or year using criteria #1 - #4, #6, and #7.  

Category V.  All requests in Category V will be evaluated each semester using criteria #1 - #9.  For the purpose of establishing the order of consideration by the UDWC, I R & D Grants shall be scored and ranked within each category (i.e., "A" and "B" of 8.3.5).  Those with a total score of twenty-five or more points (as determined by the criteria specified in 8.3.3 and 8.3.4) shall be voted upon (as defined in 8.3.5) in the order ranked, beginning with the Category "A" grant awarded the highest score.

8.3.5           Personal and Institutional Development.  There are several opportunities available to faculty for personal and institutional development. See Chart entitled ‘Faculty & Institutional Development’  on the page 8-6, for explanation of recipient stipulations, and party responsible for scope of proposal. The members of the UDWC are responsible for developing criteria, interviewing faculty and recommending awards.

(a)     IR&D Grants.  The UDWC will be guaranteed $20,000 per year, to be used for "Individual

       Research and Development Projects".  Any funds not allocated by the UDWC shall be added

       to the next year's budget and shall be spent in that year.  Expenditure of these or additional

       "Individual Research and Development Projects" funds (other than externally funded grants

       which are covered under Articles 8.3.1 - 8.3.7) for unit member proposed activities may be

       denied only by a majority vote of the committee.  IR&D Grants shall be divided into two

       categories:

1.       Grants with specified expenses of two thousand dollars ($2,000) or less:  No more

        than three (3) grants shall be awarded in this category in any academic year.

2.       Grants with specified expenses beyond two thousand dollars ($2,000):  The award of

        said grants shall not exceed the funds available.

(b)     Category V Units.  The UDWC will be guaranteed 15 TU (Teaching Units) per year for projects up to one year in length.

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(c)     Institutional Initiatives Fund.  The District will provide a minimum of $20,000 per year for institutional initiatives proposed by the District. There is no dollar amount limit on the award for a project. Any funds not expended in a given year will not be rolled over to the next year.

(d)     Other District-Directed Initiatives.  The District will provide a minimum of $10,000 per year for district-directed initiatives proposed by the District. There is no dollar amount limit on the award for a project. Any funds not expended in a given year will not be rolled over to the next year.

(e)     District-Directed Program Development.  The District will provide up to 15 TU (Teaching Units) per semester for assignment of faculty in a discipline to program development. New, full-time hires to the District do not have to compete for assignment.

8.3.5.1    The unit members appointed by the Academic Senate to the College Employee Development Committee shall form a sub-committee of the UDWC and shall review all "Individual Research and Development Projects" proposals.  Review shall follow the procedures described in Articles 8.3.1 - 8.3.7.

8.3.6       Applicant Request: UDWC Prerogative.  It shall always be the prerogative of the UDWC to recommend that an applicant for reassigned time modify his/her request to take the form of a new course proposal.  This course would generate student contact hours and be such that the instructional load would involve partial or total coordination of activities and/or programs not part of the regular workload responsibilities, and/or field work coordination and/or internship coordination.

8.3.7       Agreement: Reassigned Time, Overload & Stipend.  (Form F 8.3.7).  Upon the awarding of reassigned time, overload or stipend to an individual, that individual shall execute a contractual agreement (hereafter "agreement") with the District for the specified number of units or dollars, the specific form of said "agreement" yet to be negotiated.  This "agreement" will include the following:

1.  A statement and description of the final product that is to be delivered or outcome that is to be produced for the department, discipline and/or District.

2.  The time when the final product or outcome is to be delivered/produced.

3.  Signed recognition by the individual that failure to produce the final outcome or product at the time specified shall result in repayment to the District of all monies received.  Repayment may be made through salary deductions at the rate of the original payments.  Subject to approval by the UDWC, in lieu of repayment, the individual may work at his or her own expense for one additional semester to complete the work.  Failure to complete in this additional time will result in repayment as above.  The recipient shall be ineligible for any reassigned time, overload or stipend until successful completion or repayment.

4.  Untimely completion may result in limited future eligibility for reassigned time, overload or stipends; however, following a written request by the grant recipient, the UDWC may extend the delivery date cited in the initial agreement.  It shall be the responsibility of the UDWC to monitor and review compliance with the "agreement".

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FACULTY & INSTITUTIONAL DEVELOPMENT

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8.3.8       Determination of Available Units or Stipend. 

The amount of reassigned time, overload or stipends available shall be determined as follows:

Category I:          Negotiated by UPM and the District and is provided for in other parts of the CBA.

Category III:       Negotiated by the UDWC and/or in the collective bargaining process.

Category IV:       A minimum of 9 TU (Teaching Units) for the academic year, with additional units being

                                arranged by the Senate and the District.

Category V:        15 TU (Teaching Units) per year for projects up to one year in length.

8.3.9       Class Maximum Stipend.  (In the event the District goes back to ADA based funding, the following provisions will be applicable.)

(a)  Class Maximum Stipend.  A class maximum stipend shall be paid to any qualified unit member who voluntarily enrolls additional students in excess of ten percent (10% of the course maximum (trigger), not to exceed 50% beyond the maximum class size limits (as defined in Section 10.2 of the CBA).  Students enrolled in 249 offerings (through the process defined in 8.2.1.1) may be counted by the unit member towards one (1) course to trigger the stipend or to receive additional stipend up to the 50% maximum.  The UDWC shall review the data processing report NSR 952 on an annual basis to determine the District average maximum class size for purposes of identifying those classes which exceed this average.  Only those classes whose official class size maximum, as indicated in the NSR 952, equals or exceeds the District average class size maximum shall be eligible for the class maximum stipend and thereby qualify the unit member assigned to the class to receive the class maximum stipend.  Once the "trigger" takes effect, the qualified unit member shall receive additional compensation for each student enrolled beyond the class maximum (as defined above) at the rate of $33.00 per student, per instructional unit, per semester.  The number of students assigned to a class shall be determined by the official class size on the "Census Date" enrollment report used to define FTES funding.

(b)           Class Maximum Stipend for Distance Learning and Media Courses.

Compensation is the same as that defined in 8.3.9 (f) above except as provided for herein.  For the purpose of all Distance Learning and Media courses the 50% class size limit shall not apply.  Compensation will be received by the instructor of record for official class sizes up to 2.5 times the class maximum, provided the Distance Learning or Media course has the class minimum greater than or equal to the District average maximum class size.  The class size maximum, as indicated on the NSR 952, for these classes may be the same as the class minimum.

If the pre-enrollment for a Distance Learning or Media course appears to exceed the 2.5 times the class maximum, the District may open another section(s) and/or by mutual agreement between the District and the instructor of record, class maximum stipend compensation may be paid beyond the 2.5 times limit.

(c)  Class Maximum Stipend Appeal Process.  A unit member who believes that he/she has met the requirements for a class maximum stipend stipulated in 8.3.9.(f) above, but has not received from the District within thirty (30) working days of the official census day for each semester an official notification (in the form of a Personnel Action Form) of their eligibility, shall have the right to appeal for redress to the District.  This appeal shall be in written form and submitted to the Administrative Dean, Human Resources & Labor Relations no later than forty (40) working days after the official census day for each semester.  Action on the appeal shall be taken by the District no later than ten (10) working days after receipt of the appeal.

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If the appeal is not settled to the satisfaction of the unit member, he/she shall have the right to refer the matter to the Union/District Workload Committee (UDWC) for resolution prior to November 30 for the Fall semester and April 30 for the Spring semester.  If the UDWC cannot reach a majority decision, the unit member may file a grievance in accordance with the provisions of Article 12 of the CBA, except that the time limits established in Article 12.7 shall begin when the UDWC has notified the unit member of its decision.

8.4          Full-Time Instructors' Schedule

Full-time teaching assignments shall be scheduled for no fewer than four (4) days per week (unless otherwise arranged by management for educational reasons) and no more than five (5) days per week.  A course or service scheduled on Saturday shall be assigned to a permanent/probationary or temporary unit member only if he/she agrees or if no other temporary faculty member is assigned to the same course or service on a weekday.

8.5          Office Hours

8.5.1           Full-Time Credit Instructors.

(a)  Regular Office Hours.  Full-time credit instructors shall be in their offices a minimum of four (4)

       hours per week (at least one (1) office hour per teaching day but not to exceed four (4) hours per week) 

       where they will be available for consultation with students.  Each instructor shall post outside his/her

       office the office hours when he/she will be present to meet with students.

(b)  Overload/Intersession Hours.  Any full-time instructor with an instructional overload or who is

       teaching during intersession shall be assigned office hour/s as set forth in Article 3.10 of the CBA.

8.5.1.1    Media Courses.  A unit member who teaches media courses as defined in 8.20 shall be required

to hold thirty (30) office hours for a full semester for a three unit media course.  These office hours shall be in addition to the office hours required in 8.5.1 above, but these hours may be held in any predetermined location as long as the student has access to the instructor by telephone.  In media courses which have a higher or lower teaching unit value than three the number of office hours shall be prorated.

8.5.2       Split Assignment.  Any unit member who has a split assignment (i.e. an assignment to more than

one location) shall conduct office hours at the worksite of his/her major assignment for that day.  Notice of office hours and their location shall be posted outside each office.

8.5.3       Temporary, Part-Time Credit Instructors.  Temporary, part-time unit members employed in the credit instructional program who teach three (3) or more units per semester, but not more than 9 units per semester (exclusive of intersession), and are paid on the Credit Salary Schedule, shall hold one (1) office hour per week for fifteen (15) weeks in the semester, as provided for in Article 3.9. (See Memorandum of Understanding Re: Part-Time Office Hours for implementation language). Each instructor shall list the office hour in the course materials and provide written verification of the scheduled office hour to his/her respective Dean.

This provision is set aside and Articles 3.1 and 3.10 of the CBA are in place during the intersession period of June 1, 2002 to August 15, 2002. Should the District receive state funding to trigger the implementation of Articles  3.1 and 3.10 during the period of August 16, 2002 to June 30, 2004, this provision is set aside. However, should the provisions of Articles 3.1 and 3.10 sunset during the term of this agreement, Article 8.5.3 shall be enforced.

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8.6          Counselors' Schedule

8.6.1       Work Week.  Counselors shall be scheduled for no more than 28 hours per week of Counseling duties.  Counseling duties include the following, but are not limited to the following:  office hours for continuing and new students; liaison to local high schools; consultation with other colleges and universities, faculty, administrators and community members; appointment preparation; transcript evaluation; counseling report writing, e.g. SEP; processing graduation petitions; instruction of credit/noncredit classes.   For each credit teaching unit of a scheduled class the counselor teaching the class will be credited with a total of 35 hours per semester.  For each non-credit teaching unit the counselor teaching the class will be credited with a total of 25 hours per semester.  The total number of counseling hours per academic/fiscal year shall not exceed 929.6 hours (166/7/.80).  The 28 hours of counseling duties shall be subject to review by the supervising manager if funding sources, Education Codes and/or Title V change.

There shall be an additional work period of seven (7) hours per week devoted to activities including but not limited to professional enrichment and committee work.  Examples of such activities are:  All staff counseling meetings, such as in-service training, matriculation and articulation; all committee work, such as subcommittees or task forces in career planning, transfer center and counseling rotation schedules, advisory committee meetings, governance, and screening committees; professional development in new technology and counseling skills; attending conferences, workshops and seminars; studying new techniques and acquiring new information regarding articulation, matriculation, transfer centers and career planning; meeting with chairperson to develop and modify counselor schedules; developing informational counseling materials, student program outlines and curriculum guides; analyzing, updating and revising existing counseling materials and programs, developing new programs as needed; reviewing current literature in appropriate fields and recommending additions to the

college library and resource center; participating as a peer evaluator; providing information for schedules and budget preparation; coordinating the work of student assistants and counselor graduate interns; advising student clubs; and public speaking engagements.

8.6.2       Workyear.  Twenty-five (25%) of all permanent counseling staff who are assigned to programs with "unrestricted populations" will be guaranteed an academic workyear as defined in Article IX.  The remaining seventy-five (75%) of the permanent counseling staff may be required to work a fiscal year beginning July 1st and ending June 30th. 

The counseling staff working a fiscal year will have a duty free period of not less than six consecutive weeks if they wish to participate in intersession, otherwise there shall be a duty free period of five consecutive weeks.  Such unit members shall not be required to render more than 175 days of service without additional compensation.

Counseling services offered on a fiscal year/academic year shall be on a voluntary basis.  If there are insufficient volunteers, the assignment will be on rotation which, over time, will require all counselors to participate.  No permanent counselor may be assigned to participate without their consent more often than any of the other permanent counselors.  In the event of a violation of this rule, the unit member may begin the grievance process.

Counselors who are on restricted funds and who cannot provide counseling services to other than the program's restricted population, are required to provide the same ratio of services throughout the academic/fiscal year.  The schedule shall be made after consultation with their supervising manager.

The Counseling Department will devise a rotation procedure that best represents the needs of their program and staff.  All permanent/probationary counselors have scheduling preference over any/all temporary counselors.

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8.6.3       Intersession Rate of Compensation.  Permanent/probationary counselors employed during intersession shall be compensated at the following rate:  Hours worked will be computed as a percentage of 581 hours and converted to units for pay purposes (e.g. hours to be worked divided by 581 X 15 units equals hour per unit ratio).

8.7          Librarians' Schedule

8.7.1       Work Week.  Librarians shall be scheduled for thirty-five (35) hours per week by management after consultation with the unit member.  For each teaching unit of a scheduled library class, the librarian teaching that course will be credited with a total of thirty-five (35) hours of student contact during the period of the course.

8.7.2       Workyear.  The workyear for librarians shall be the academic year as defined in Article IX of this Agreement, except in the special case of certificated duties extending beyond the regular semester as specified in 8.21.

8.8          School Nurses' Schedule

8.8.1       Work Week.  School nurses shall be scheduled for thirty-five (35) hours per week by management after consultation with the unit member.

8.8.2       Workyear. The workyear for the school nurse shall be the 175 days of the academic year as defined in Article 9 of the CBA.

8.9          Other Non-Instructional Unit Member Schedule

Full-time unit members other than instructors, counselors, librarians, and school nurses shall be assigned no more than thirty-seven and one-half (37.5) hours per week by management after consultation with the unit member.

8.10        Coaches' Workyear

Coaches of athletic teams which practice or compete outside the academic year shall have a workyear which accommodates to the schedules of those teams as established by past practice.  The overall hour requirements for coaches shall not exceed that established elsewhere in this Article.

8.11        Teaching Load in the Non-Credit Semester Program

Full time non-credit instructors working in the semester program (academic year) shall work 30 lecture, laboratory, studio or activity hours per week. Full-time non-credit instructors working in the quarter program shall teach twenty (20) lecture hours, or thirty (30) laboratory, studio, or activity hours within a work week of 37.5 hours, for 32 weeks of the fiscal year.  In addition, all non-credit full-time instructors shall meet contractually mandated flex-time obligations.

8.12        Department Chairs

8.12.1     Procedures.

A.  Elections.  Department chairpersons shall be elected by the permanent/probationary and temporary unit members of their respective departments on or before March 1st of each election year.  Terms of office shall begin July 1 following said election.  Between March and the start of the Fall semester, new department chairpersons will receive training from out-going chairs and appropriate administrators.

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B.  Training.  A training session, conducted by the appropriate manager(s), will be presented each Spring to new department chairpersons.  The administration will train the department chairs in their contractual duties.  It shall be the responsibility of the management and the Department Chairs to develop a handbook which shall assist the chairs in the performance of their contractual duties.

C.  Term of Office.  Department Chairs shall normally hold office for a term of two years.  With managerial and departmental agreement, a Department Chair may serve for one additional year for a total not to exceed three consecutive years.  All previous chairpersons, including the incumbent, shall be eligible to run for re-election.

D.  Evaluation.  Department chairs shall be evaluated every two (2) years by the permanent/probationary and temporary unit members and classified staff of their department, and the management designated supervisor. Evaluation criteria and forms shall be negotiated between UPM and the District (Forms 8.12. D (a) & (b)).

1.  Management shall have the authority to remove a Department Chair from office for failure to perform contractual responsibilities.  The Department Chair may use the existing contractual grievance procedures if they believe their removal to be arbitrary and capricious.

2.  Departments shall have the authority to remove a Department Chair from office for failure to communicate District information adequately, and for failure to communicate departmental interests fairly and in a representative manner.  Removal from office by department members shall not be subject to the contractual grievance procedure.

E.       Department Scheduling.  At the beginning of the preceding semester (e.g. Fall, 1999) the Office of Academic Affairs shall provide the Department Chair or Coordinator or Director the scheduling packet for the subsequent semester (e.g. Spring, 2000) that includes:

1.       Computer print-out.

2.       Memorandum re: unit allocation.

3.       Memorandum re: necessary additional information, not on the computer print-out including the deadline date for submission of the department schedule.

4.       Full-Time Instructor Assignment Sheets with instructions from the Curriculum Office (Jodi) for completion by each full-time faculty member; schedule sheets for part-time, temporary faculty, including a list of ETCUMs and RETCUMs in rank order.

5.       Application packets from the Union/District Workload Committee (UDWC) for full-time and part-time faculty indicating new deadlines and the need for adherence to those deadlines.

8.12.2     Responsibilities.

A.  Responsibilities to the Department.

1.       Conduct regularly scheduled departmental meetings and distribute minutes to appropriate bodies on campus.

2.       In conjunction with the department's faculty develop and/or modify curriculum, subject to departmental and District approval.

3.       Collect proposed individual schedules and Full-Time Instructor Assignment Sheets from the faculty and prepare and submit to the supervising Dean, a recommended department schedule of classes in conformity with contractual limitations (program requirements), and to the extent possible faculty preferences for each semester and intersession, making sure that appropriate classes are assigned in both the day and evening.

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4.       Assist faculty in up-dating course descriptions and communicate these updates in writing within the department and to the appropriate instructional office(s).

5.       Assure that proper forms for reporting absences are available to unit members within their department.

6.       Develop statements for the Schedule and maintain current information in the college catalog and other college publications.

7.       Inform department members of funding proposals, including sharing information on funding opportunities.

8.       Recommend additions to and modifications of the physical plant as needed by the department.

9.       Supervise use of department facilities and equipment.

10.    Mediate intradepartmental conflicts.

11.  Represent the department at appropriate meetings and to the administration.

12.  Supervise assigned classified, student and non-student hourly staff

13.  Distribute notice of available intersession assignments to permanent/probationary unit members.

14.    Following the written request by an ETCUM/Retired ETCUM, a Department Chairperson, may volunteer to participate in the evaluation of the ETCUM as defined in Article 7 of the CBA (e.g. in Sections 7.2.1.1, 7.2.1.2.2, 7.2.1.2.3.1 and 7.2.1.3)

15.    Review the Full-Time Instructor Assignment Sheets and ensure return to the supervising Dean in order to comply with the deadline date for scheduling.

16.    Distribute/collect UDWC packets to/from all faculty and inform faculty of the consequences of late filings.

17.    Return complete scheduling packet to the supervising Dean by the scheduling deadline date including:

(a)     Department schedule/full-time and part-time faculty schedules/ computer print-out, schedule of part-time units and all other required scheduling information.

(b)     A completed Full-Time Instructor Assignment Sheet for each full-time faculty member and the scheduling sheets for part-time assignments.

        (c)  Any UDWC faculty applications and related paperwork (attach to individual assignment sheet).

B.            Responsibilities to District.

The Department Chairperson shall be responsible for both the day and evening program in the following areas:

1.  Make recommendations on the organization of the department and coordination of the instructional program.

2.  As directed by a majority of the permanent faculty assigned to the department, the department chair shall make a recommendation to the immediate supervisor for the purpose of determining the need, selection, recommendation and appointment of those personnel who are not otherwise assigned in accordance with Section 6.8 of the CBA.

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3.  Assist faculty in finding substitute staff as necessary, assuring that substitutes are credentialed and on the payroll.

4.  Remind the faculty of their contractual responsibilities.

5.  Provide orientation for new staff in the department.

6.  Encourage temporary faculty to attend department meetings.

7.  Conduct departmental faculty meetings at least once a semester for the department's temporary day and evening faculty.

C.            Curriculum/Instruction.  Hold regularly scheduled advisory committee meetings for the occupational programs, attend curriculum committee meetings as needed, and distribute the minutes of official meetings to selected campus and Departmental offices.

D.            Budget

1.  Prepare and submit the total department budget, following conferences with the faculty and staff.  Be the spokesperson and advocate for the budget.

2.  Exercise signatory authority on requests for purchase orders and maintain budget accounting and control of instructional equipment and supplies, field trips, readers and clerical assistance, requests for graphic arts, and for allocation of keys to classrooms.

3.  Exercise signatory authority on requests for all non-unit members before they are sent to the appropriate administrator.

E.             Procedural

1.  Attend no more than two (2) department Chairpersons' Committee meetings per month.  A required department chairs’ meeting may be scheduled during flex days prior to the start of a semester.

2.  During the first week of classes for each semester, be available to assist students in finding courses and resolve faculty problems.

3.  Initiate and sign Work Orders.

4.  Respond in writing or via voice mail to all written requests from faculty and/or management concerning issues within the scope of his/her authority.

F.             Personnel

1.  The Department Chairperson shall be responsible for non-certificated Personnel Action Forms and Time Card signatures.

2.  The Department Chairperson shall act as the instructor of record for the Directed Studies Program and be responsible for signing all applicable forms.  The Department Chair shall delegate the actual instructional supervision to qualified certificated unit members within the discipline/department.

8.12.3     Compensation.  Department Chairpersons shall receive a minimum of three units of reassigned time, with the option of the equivalent number of units being taken as overload or cash equivalent stipend, said stipend not to exceed $5,000.00 per year, at the discretion of the elected chairperson.  Overloads or stipends are subject to Section 8.3.9.

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8.13        Managers: Teaching

8.13.1     A manager will teach no more than one (1) credit class per year, without UPM approval, except that there shall be no limit on the number of "contract" (non ADAgenerating) courses offered in the community service program which a manager will be allowed to teach.  In the event that no unit member volunteers to instruct  the leadership course for student officers, the District may assign the Director of Student Affairs to teach said course.  In the event that it becomes necessary to assign a manager to teach more than one (1) credit class, the District will provide the Union with at least ten (10) days notice and an opportunity to negotiate the decision and effects of the proposed assignment on mandatory subjects of bargaining except as provided in 8.15.2 below.  (A credit class is defined, for purposes of this article, as one class or 3 units, whichever is larger, or 10% of a non-teaching assignment)

8.13.2     Managers may not perform unit member duties if any qualified unit member is on partial or complete layoff and possesses any of his/her 39 months of rehire rights and wishes to return and perform the available unit member duties.

8.14        Permanent Unit Member - Reduced Load

8.14.1     A reduced teaching load, with proportionate salary reduction, requested for professional or personal reasons, may be granted to a permanent unit member.

8.14.2     A permanent unit member shall apply to the Union/District Workload Committee (UDWC) (as defined in 8.3) for reduced loads (Form F 8.14).  Reduced loads shall be awarded in accordance with the criteria established by the UDWC on a case by case basis.  Reduced loads not exceeding 3 units, one course or 10% of non-credit load shall be approved.  Requests in excess of the amount stated above, including application from unit member described in Article 5.17.3.1 who are not applying banked units towards a

reduced load, shall require demonstrated need in the following categories to include but not limited to:  1) medical,  2) personal necessity, 3) educational, 4) financial, 5) job-sharing.  Librarians, the School Nurse and other non-instructional unit members described in Article 5.17.3.1 may, subject to the limitations and criteria identified in this article, choose to reduce their workload by selecting any single bloc of consecutive days of a semester equivalent to the permissible reduced load, as described in Article 5.17.3.1. The criteria agreed upon shall be utilized by the UDWC in recommending and approving reduced loads.  The UDWC shall recommend to UPM and the Superintendent/President all other issues pertinent to the granting of these reduced loads including but not limited to the use and payment of substitute teachers.  UPM and the Superintendent/President may determine additional criteria and, if so determined, these shall be the criteria used by the UDWC for the granting of reduced loads.  Any criteria not agreed to by UPM and the Superintendent/President shall be submitted to binding arbitration by either party.  The criteria finally agreed upon, and only those criteria, shall be utilized by the UDWC and management in recommending and approving reduced loads.  Reduced loads shall be, by majority vote and recommended by the UDWC to the supervising Vice President.  Applicants for reduced loads who are denied said reduced loads may appeal via the provisions in the Grievance Article of this contract.  Requests should be submitted to the Department Chair, Coordinator or Director at least one (1) week prior to the deadline date for scheduling the semester in which the proposed leave would occur. Provisions contained in this article shall neither limit nor detract from any section of Article 8.6 of the CBA.

8.14.3     Except for salary reduction, all other District benefits shall continue in full, and the unit member shall advance on the salary schedule.  The minimum number of units a unit member must teach is eighteen (18) per year, or nine (9) if the reduction is only for one (1) semester.  If a permanent unit member wishes a reduced load to less than sixty percent (60%) in one (1) year, District benefits and advancement on the salary schedule shall be proportionately reduced; however, a reduction to less than sixty percent (60%) shall be for no more than one (1) year.

8.14.4     For non-teaching unit members, the provisions of Section 8.14.3 shall be adjusted proportionately.

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8.15        Overload

8.15.1     Regular Overload.  A regular overload is a voluntary assignment of a permanent/probationary unit member to additional teaching, counseling, librarianship or other unit member duties normally performed by that member beyond those required of a full-time unit member in those areas and as distinct from overloads provided for in Article 8.3.2.

8.15.2     Other Overload.  All other overloads are voluntary assignments of a permanent/probationary unit member beyond those required of a full-time unit member in those areas.  These assignments include duties performed in connection with instructional grants, and all other functions defined in Article 8.3.2 (I-V) of the CBA.  The maximum number of other overload assignments per semester shall not exceed the equivalent of six (6) teaching units, except as provided for in 13.12 of the CBA.  In no case shall a permanent/probationary unit member receive a combination of regular and other overload (regardless of funding source) that exceeds the equivalent of nine (9) teaching units, except as provided for in 13.12 of the CBA.

8.15.3     Teaching Overload Limit.

(a)  Except for assignments outside the unit member's defined workyear, and substituting within the workyear, a teaching overload of more than 3 units or 20% of a full workload shall be the exception and shall be made only for a limited period when course coverage or other services cannot be reasonably provided otherwise.

(b)  The maximum teaching overload (as defined in Article 8.15.1) for instructional staff shall be one (1) class per semester or twenty percent (20%) of the full-time load, whichever is greater.  The maximum teaching overload for a unit member other than an instructor shall be twenty percent (20%) of the full-time workload of that unit member.

8.15.4     Overload: Counselor/"Other" Non-Instructional.  Any Counselor or "Other" non-instructional unit member (as defined in Article 1.3) who works additional hours within the 175 day period during the academic/fiscal year is entitled to be compensated at the overload rate.  Any counselor or "Other" non-instructional unit member (as defined in Article 1.3) who works in either of the following two circumstances is entitled to be compensated at the intersession rate:

(a)  when the unit member has exhausted his/her 175 days (or equivalent number of hours) required by the CBA but before the commencement of the new academic/fiscal year; or

(b)  when the unit member works during the six week or five-week duty free period guaranteed in Article 8.6.2. of the CBA.

In no case shall the wording of this article infringe upon the right of the District to schedule up to 75% of the Counseling staff throughout the fiscal year as expressed in Article 8.6.2 of the CBA.

8.15.5     Overload/Temporary Compensation Formula: Librarian & School Nurse.  Overload assignments and part-time temporary credit for librarians and school nurses employed during a semester shall be compensated at the following rate:  Hours to be worked will be computed as a percentage of 599 hours and converted to units for pay purposes (e.g. hours to be worked divided by 599 x 15 units equals hour per unit ratio).

8.16        Intersession Assignment

An intersession assignment is a voluntary assignment during an authorized intersession.  Except for the special circumstances regarding courses and other duties extending beyond the regular semester as defined in 8.21, this assignment is outside the regular assignment and may occur only for a period between the last

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day of the spring semester and the first day of the following fall semester, or between the last day of the fall semester and the first day of the following spring semester or during the unassigned hours of a unit member working a fiscal year (see 8.21 (a)).  It shall not include activities such as field trips which take place during the intersession period but which are part of a regular course taught during the regular academic year.  Prior to the assignment of intersession work, a notice of the proposed schedule shall be distributed to all permanent/probationary unit members who meet minimum qualifications by Department Chairs via campus mail.  Should the number of applicants/volunteers exceed the number of available unit assignments, intersession assignments shall be awarded on a rotational basis to permanent/probationary unit members.  The remaining unassigned intersession units shall be filled at the discretion of the District.

8.17        Faculty Hiring

A unit member shall not be required to participate in faculty hiring procedures or on selection committees (for example, as defined in District policy and procedures 5.0006.1 and 5.0006.2 for Permanent and Temporary Credit and Non-Credit hiring).  Refusal to participate shall not constitute a violation of the employment terms set forth in the CBA.

8.18        Special Skills Courses

Special skills courses are courses requiring limited special skills unlikely to be possessed by persons of more general qualifications.  Departments shall identify such courses to the UDWC for approval.  The identification of these courses shall be made solely for the purpose of the assignment of ETCUMs as defined in 6.8.3, A.

8.19        Media Courses

8.19.1     Definition.  Media courses are courses in which instruction is delivered primarily through television, videocassette or radio and which do not include regularly scheduled meetings.

8.19.2     Schedule.  For a three unit media course instructors shall schedule a total of forty-eight (48) hours for the semester of which fifteen (15) hours shall be devoted to student contact, which may include orientation, lectures, guest speakers, laboratory sessions, review sessions, examinations, or field trips and three (3) hours for a final examination.  The remaining thirty (30) hours shall be used as office hours which shall be evenly distributed across the semester.  These office hours shall be in addition to the regularly scheduled office hours as provided for in 8.5 of the CBA.  For these thirty additional office hours, the instructor may be available to students either in the office or by telephone as defined in 8.5.1.1.  Contact and office hours in media courses which have a higher or lower teaching unit value than three shall be prorated.

8.19.3     No Requirement to Teach Media Courses.  A unit member shall not be required as part of his/her assigned workload duties to teach media courses.

8.20        Distance Learning Courses

8.20.1       Definition.  Distance Learning courses are courses where the student and instructor are separated by a distance, where the primary method of instruction is accomplished through mediated technology and student-instructor contact occurs with the assistance of interactive communication technology.

8.21        Extended Workyear

All unit members, except counselors, may perform unit work outside the 175 days of the academic year (as defined in Articles 8.2 and 9.1) as part of the unit member's regular load, providing that the following conditions prevail:

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(a)  that the course or other unit work (as approved by UDWC) commence in the regular semester as defined in Article 9.1 and that at least 75% of the course or duty takes place during the regular semester;

(b)  that compensation for that part of the course or duty that goes beyond the official semester as defined in Article 9.1 shall be at the same rate as provided for service during the 175 days of the academic year; and

(c)  that the unit work be accepted by the unit member on a strictly voluntary basis as defined in Article 6.4.1.10.

In no case shall the provisions of this article contravene the workyear provisions for counselors as described in Article 8.6.2 or for coaches, as described in Article 8.10.  Nor shall it affect the current practice with regard to the offering of field-trips, as described in Article 8.16.

8.22  Lecture/Laboratory Workload - Credit Courses Only  (To be Effective Fall 2002)

The UDWC shall review and recommend teaching units and/or service hour values to all new credit courses/assignments in the District, and for all modifications of existing credit course teaching unit allocations and/or service hour values.

8.22.1  Operational Definitions:  The following Operational Definitions shall be used in the assignment of credit course teaching units and/or service hour values:

Category A:  Lecture

The presentation of course content in a classroom under supervision of the instructor of record.  The course content, in accordance with the official course outline, may be complemented by discussion, presentations, role playing, small group activities and field trips.  Lecture may stand alone without any attached lab experience.

Category B-1:  Studio

The presentation of course content in a studio setting under the direct supervision of the instructor. Students are expected to prepare for and engage in theatrical or fine arts assignments, which are discussed, critiqued and monitored continuously by the instructor. Instructor supervised demonstrations and performances are designed to assist the student in reaching a satisfactory level of skill through repeated exercises.

Category B-2:  Laboratory

The presentation of course content in a laboratory setting under direct supervision of the instructor of record.  Students are expected to prepare for upcoming lab sessions.  Students are performing experiments and recording results in lab reports.  Generally, experiments are not repeated for skill building.  Laboratory exists as an integral part of the course for proof of learning and may or may not be taken in conjunction with the lecture component of the class.

Category C:  Practicum

The presentation of course content in a practicum or clinical setting under direct supervision of the instructor of record.  Students may be directed to the use of media, computer technology or patient experience.  Students may proceed at the direction of the instructor or preceptor at his/her own pace for advancement to a higher level within the course content.  Students not involved in independent activity may be involved in direct one on one communication with the instructor of record. Practicum is where students require a high amount of practice with instructor supervision to reach the level of skill required for specific courses within the discipline.

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(b)           Ongoing

                1.             Any time during the academic year, a unit member or discipline representatives

                                may either modify the official course outline to reflect actual classroom

                                practice or propose a course outline for a new course.

2.             The course outline should be submitted to the UDWC for approval of teaching units assigned to the course and then forwarded to the Curriculum Committee for their review and recommendation.

                3.             If the UDWC cannot reach a majority recommendation for a unit assignment the

                                Superintendent/President shall make the final unit assignment.

                4.             Throughout the aforementioned procedure, the UDWC and/or management may

                                consult with the appropriate Department Chair, faculty and District

                                staff with special expertise to assist in determining the feasibility of proposed

                                changes.

                5.             If the final unit assignment is disputed by the unit member or the

                                discipline representatives they may appeal via the provisions in Article 12:

                                Grievance of the CBA.

8.23            Workload – Unit Members Assigned to the Children’s Center

8.23.1       Site Supervisor.

The following job assignments and duties are determined after consultations with management. Site Supervisor shall be assigned 25 hours per week in the classroom and an additional 10.5 hours per week on site and 2 hours of unassigned prep time. Responsibilities will include all duties of Lead Teacher, as described in Article 8.23.3, and additional responsibilities for site administration, including but not limited to: site administrative meetings; staff communication and development; coordinating temporary staff attendance at site meetings; coordination of parent education, referrals, support and Advisory Committee; recommendations to Director on organization and coordination of facility and programs, and staff/substitute hiring and scheduling; application of Title V guidelines for family eligibility and site requirements; supervision and implementation of family intake process; maintenance of Title 22 licensing requirements of facility and program; communication with Director regarding budget and fiscal concerns; communication with management, other departments of the College and the community; supervision of work study students, student teachers and volunteers; orientation of new employees and volunteers in the program; responsible for non-certificated PAF forms and time cards signatures; supervising meal planning and the food program; participation I the development and evaluation of program quality, philosophy and planning.

8.23.2       Assistant Site Supervisor.

The following job assignments and duties are determined after consultation with management and the Site Supervisor. The Assistant Site Supervisor shall be scheduled for 27.5 hours per week in the classroom and an additional 8 hours per week on site and 2 hours of unassigned prep time. Responsibilities will include all duties of Lead Teacher (described in Article 8.23.3) and additional responsibilities for assisting the Site Supervisor in site administration (described in Article 8.23.1).

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8.23.1       Lead Teacher

The following job assignments and duties are determined after consultations with the Site Supervisor. The Lead Teacher shall be assigned for 30 hours per week in the classroom and 2 hours of unassigned prep time. The Lead Teacher shall be assigned an additional 5.5 hours per week on site for responsibilities including, but not limited to: staff in-service and classroom meetings; consultation and committee work; staff and student teacher scheduling, time sheets, communication and feedback to staff, parent intake/orientation, conference and communication; planning, preparation and implementation of developmental profiles, curriculum and meals; scheduling of children’s hours and processing of state food program meal records; communication to Site Supervisor of supply, equipment and facility needs; communication to Site Supervisor of family referral needs; communication to Site Supervisor regarding program quality and licensing compliance, and all other classroom support and related duties as may be required. Less than full time assignments shall be prorated according to the same time assignment ratios.

8.23.2       Teacher.

The following job assignments and duties are determined after consultations with the Site Supervisor. Teachers shall be scheduled for 32.5 assigned hours per week in the classroom and 2 hours of unassigned prep time. Teachers shall be assigned an additional 3 hours per week for classroom and program responsibilities, including but not limited to: staff and parent meetings; staff development activities; consultation and committee work; child observations; curriculum and meal preparation; and other related duties. Less than full time assignments shall be prorated according to the same time assignment ratios.

8.23.3       Intersession Assignment/Additional Workload.

For the purpose of site preparation and family registration all Children’s Center unit members assigned intersession work shall immediately prior to the start of the intersession be assigned 11 hours of additional work. Said work to be compensated at an hourly rate as determined by their placement on the Children’s Center Salary Schedule.

8.23.4       Work Assigned Outside the Academic Year.

For the purpose of site preparation and family registration, all Children’s Center unit members shall immediately prior to the start of the Fall and Spring semester flex period of each academic year, be assigned 11 hours of additional work. Said work to be compensated at an hourly rate as determined by their placement on the Children’s Center Salary Schedule.