Official Updates from USFFA

April 22, 2020

Updates on Recent Developments

We want to let you know about three issues we have come to agreement on

  1. Blue data will be collected, will not be used for Promotion/Tenure/Renewal unless faculty member elects to use.

  2. We have struck an agreement with the University to do what others have done with regard to tenure clocks. We have secured a default automatic 1-year extension for all probationary faculty members. Those who are ready to apply can opt to apply on schedule.

  3. We have also negotiated an extension in the deadline to submit intent to apply for tenure and promotion to May 15th. As always, USFFA's Membership Engagement Committee is offering workshops for those applying for tenure and promotion--if you were unable to attend Monday, there is another session tomorrow; 

  • Thursday Apr 23, 11:45 am to 12:45 pm

  • Tami Spector and Cathy Gabor

Documenting Our Transition to Online Teaching

Our parent union, CFT, is asking for examples of our response to the pandemic for their publications and social media. Please send examples of the following to Justine Withers (treasurer@usffa.net):members distributing food and/or technologymembers cleaning and maintaining school sitesmembers teaching online at homescreenshots of union meetings or school-site meetingsanything else you can gather of our union members in actionmembers’ stories.

Term Faculty Renewals 

The University has recently issued individual renewal contracts for term faculty that include a 30-day termination notice clause. Our union attorney, Eileen Goldsmith of Alshuler Berzon, has reviewed the new contract language and has determined that it is not a violation of our CBA. However, she also argues that it does not supersede that for which we have collectively bargained. Below is her full statement on the matter:

You have requested my opinion regarding individual employment agreements that the University has asked term faculty members to sign.  

As I understand it, the University has presented term faculty whom the University wants to renew for the upcoming year with individual employment agreements for periods ranging from one to as many as seven years.  Historically, the University has presented term faculty with individual employment agreements, and faculty members have made their own decisions whether to accept those agreements.  This year's renewal agreements include language stating that the University may terminate an agreement upon 30 days' notice, if the University deems it necessary for economic or enrollment reasons.  

Under the collective bargaining agreement, a term faculty member's appointment is "terminated automatically at the expiration of the term specified unless the University renews the appointment."  Sec. 17.2.2.  Further, the University has absolute discretion whether to renew an appointment: "A term faculty member may not grieve or arbitrate a non-renewal."  Sec. 17.2.4.  The University may give notice of non-renewal for next year as late as June 1. Sec. 17.2.4.  Because these CBA terms categorically preclude any grievance for non-renewal, faculty members who decide not to sign the individual employment agreements may simply be non-renewed for the fall semester on June 1, and would have no recourse.

Consistent with the historic practice, individual term faculty members must decide for themselves whether to accept continued employment on the terms offered by the University.  However, the CBA also provides that term faculty members whose contracts are not renewed after at least six years of service are entitled to severance pay.  Sec. 17.2.4.  I do not see the University being able to avoid complying with the severance provisions of the CBA even if it terminates an individual term faculty member's agreement on 30 days' notice as set forth in the new renewal agreements.  Also, if the University decides not to renew a faculty member because the individual decided not to sign their renewal agreement, that individual (assuming sufficient length of service) would still qualify for severance pay under the CBA.

Update on Sabbaticals 

We emailed you last Friday in detail about the administration’s proposal to delay sabbatical leaves by one year. To recap, this would affect approximately 75% of our membership, and the University estimates that it would save $4 Million. We have sought to work with administration in a spirit of partnership to fight for our University and its Mission during this challenging time, and that includes giving serious and timely consideration to administration proposals, and offering our own proposals where possible. At this point, the proposal is just a concept, and we appreciate all of your thoughts and the impacts of a sabbatical delay that you have shared. We will be discussing USFFA’s response at today’s Policy Board Meeting (see details and zoom link above).