Bargaining Update: Promotions, $750 supplement, etc.

The PJCFA bargaining team met with the Board of Trustee’s team Wednesday, November 18for the second meeting to negotiate the 2009-2010 contract (the one we should be working under).

The first order of business was to establish meeting dates as it had taken six weeks for the BOT Chief Negotiator to clear his calendar for this meeting. Meetings will be on alternate Wednesdays, with the next meeting starting December 2, at 1:45 in the District Conference Room in Building 7.

PJCFA’s major priority was negotiating a Letter of Agreement allowing either a promotion packet or portfolio to be used for this year’s promotion cycle. This proposal was accepted. If you are up for promotion this year, you may submit either a packet or a portfolio. Negotiations will continue on what future years’ promotion document requirements will be.

PJCFA and the BOT agreed to carry forward language changes made for Articles 1 and 3 during last year’s negotiations. PJCFA presented Article 5 as well, incorporating both previously agreed to language and some additional protections for faculty.
In addition, PJCFA presented Article 19, Copyright and Intellectual Property, for consideration. Drafted by a committee of faculty and administrators, this new article delineates the rights of faculty and the College to intellectual property created by PJC faculty. In effect, it requires that the College either grant release time or extra compensation for any faculty-developed course material (including online classes) to be used by other faculty at the College, including adjunct faculty.

Following Tuesday night’s BOT meeting in which the BOT approved a $750 one-time supplement for all fulltime employees, PJCFA asked for negotiation of this “supplement.” We offered a counterproposal, accepting the supplement, but mandating that should enrollment for Spring 2010 meet or exceed the percentage increase of Fall 2009, this supplement would be added to base pay for 2010/2011 before further salary negotiations. Since the BOT will not meet again before January and the supplement is scheduled for December, Mike Mattimore (BOT Chief Negotiator) noted that a decision on our codicil could not be made in time for the supplement to be paid to faculty. Therefore, we accepted the $750 supplement with the stipulation that negotiations on adding it to base would continue in January. We also agreed that by accepting this supplement, we did not waive the right to negotiate further pay increases for the year. The Letter of Agreement has been signed, and faculty will receive the $750 in December.

We renewed our request for complete information on all endowed chairs at PJC so that this detailed information can be included in the Collective Bargaining Agreement for all faculty to easily access.

PJCFA also expressed concern that an updated contract has not been published by administration or disseminated to faculty following the imposition of the BOT language in June.

Bargaining Wednesday, November 18

Bargaining will be held Wednesday, November 18, at 1:45 in the District Conference Room (Building 7). Everyone is invited to attend. A bargaining update will be posted following the session.

Hearing Officer Finds In Favor of PJCFA

Carlos Lopez, hearing officer for the Public Employees Relations Commission (PERC), issued his recommendation concerning an unfair labor practice (ULP) filed by PJCFA against PJC administration. Officer Lopez found in favor of PJCFA.

The ULP concerns the administration's refusal to arbitrate a grievance filed in November 2008. The grievance argues that administration owes the faculty a two-percent increase based on contractual language contained in the 2008-2009 CBA. Administration argued that the grievance was frivolous and without merit. Officer Lopez disagreed, saying "The law regarding a refusal to arbitrate a grievance is long-standing and well-settled. The PJCFA grieved an arguably arbitrable subject matter properly resolved through contract arbitration. The BOT knew or should have known that it was committing an unfair labor practice by refusing to participate in arbitration."

His recommendation must now be adopted by PERC. He has asked that PERC issue an order demanding the BOT to:

(1) Cease and desist from refusing to process to arbitration grievances filed by PJCFA; (2) Process the grievance filed by PJCFA; (3) Pay reasonable attorney's fees and costs expended by PJCFA and UFF in litigating theh case; (4) Post immediately for sixty days in conspicuous locations an announcement stating that the BOT shall cease and desist from the actions set forth in the recommendation; (5) Have the Notice signed by the BOT's authorized representatives and make sure that the Notice is not altered, defaced, or covered by other material; and (6) Notify PERC within 20 calendar dates from the issuance of the order of the steps that have been taken to comply with that order.

The administration has fifteen days to file exceptions to the recommendation. PERC will then review the hearing officer's ruling and issue its order.