AGREEMENT BETWEEN

THE BOARD OF TRUSTEES

OF HENRY FORD COMMUNITY COLLEGE

AND

THE HENRY FORD COMMUNITY COLLEGE

FEDERATION OF TEACHERS

AMERICAN FEDERATION OF TEACHERS' LOCAL 1650


2007-2012

 

Constitution for the College Organization of Henry Ford Community College
(Shared Governance Policy)

 

Click here for Membership of HFCC Standing Committees, Councils, and Advisory Boards

Click here for HFCC College Handbook (Committee Structure on pages 18-53)

 

To view this contract in PDF Format please click here

 

 

TABLE OF CONTENTS


(view alphabetic index)

I.              Recognition

 

II.             Board of Trustees' Rights

 

III.            Union-Board Relations

                  A.   Agency Shop

                  B.   Dues or Service Charge Checkoff

                  C.   College Data Access

                  D.   HFCC Board of Trustees’ Meetings

                  E.   College Committee Appointments

                  F.    Presidents’ Meetings

                  G.   College Facilities

                  H.   Union Executive Board Meetings

                   I.    Union-Administration Meetings

                  J.    Released Time

                  K.   Attendance at Union Programs

 

IV.            Conditions of Employment

                  A.   Qualifications and Hiring

                  B.   Full-time Staffing

                  C.   Staffing Levels

                  D.   Constitution for the College Organization

                  E.   Academic Freedom

                  F.    Department/Division Recommendations

 

V.             Tenure and Probation

                  A.   Definitions

                  B.   Probationary Period

                  C.   Tenure

                  D.   Severance of a Tenured Teacher

                  E.   Appeal

                  F.    Suspension

                  G. Abandonment of Duties

 

VI.            Seniority

                  A.   District Seniority Date

                  B.   College Seniority Date

                  C.   Applicable Seniority

                  D.   Seniority - Personal Leave

                  E.   Seniority - Professional Leave

                  F.    Seniority - Reemployment

                  G.   Seniority - Mid-Year Appointment

                  H.   Seniority Date - Tiebreaker

                   I.    Lay-off and Recall

                  J.    Seniority List


VII.           The College Year

                  A. Definition of College Year

                  B.   Alteration of College Year

                  C.   Ten and Twelve Month Contracts

                  D.   Definition of Spring/Summer Sessions

 

VIII.          The College Week

 

IX.            The College Day

                  A. Definition of College Day

                  B.   Outside Activities During College Day

                  C.   Span of Hours

 

X.             Work Load

                  A.   Teacher Work Load

                  B.   Office/Conference Hours

                  C.   Course Preparation and Follow-up

                  D.   Counselor Work Load

                  E.   Librarian Work Load

                  F.    Cooperative Education Specialist Work Load

                  G.   Reduced Load

                  H.   Substitutes

                   I.    Course Scheduling Audit Committee

 

XI.            Class Load

                  A. Class Size

                  B.   Adjustments to Class Size

 

XII.           Distance Education

                  A.   Definition

                  B.   Course/Program Integrity

                  C.   Compensation

                  D.   Class Size

 

XIII.          Intellectual Property

                  A. Course Materials

                  B.   Distance Education Materials

                  C.   Physical, Intellectual, and Artistic Productions

 

XIV.         Teaching Facilities

                  A.   Office and Equipment

                  B.   Faculty Lounge

                  C.   Parking

                  D.   Facility Alteration

 

XV.          Professional Improvement

                  A.   Travel-Conference Fund

                  B.   Professional Conference Days

                  C.   Tuition Reimbursement

                  D.   Professional Improvement Fund

                  E.   Community Service Fund

                  F.    HFCC Tuition

 

XVI.         Performance Evaluation

                  A. Faculty Evaluation

                  B. Peer Mentor Intervention

                  C.   Peer Mentor Confidentiality

                  D.   Termination of Program

 

XVII.        Extended Leaves of Absence

                  A.   Professional Leaves

                        1. General Provisions

                        2. Advanced Study and Work Experience Leaves

                        3. Sabbatical Leave

                        4. Sabbatical Leave for Retraining

                        5. Leave for Exchange Teaching and/or Assignment

                        6. Leave for Foreign Country or Military School

                              Teaching and/or Assignment

                        7. Leave for Graduate Fellowship Program

                  B.   Personal Leaves

                        1. General Provisions

                        2. Extended Health Leave Due to Physical or Mental Causes

                        3. Leave for Care of Ill Members of Immediate Family

                        4. Child Care Leave

                        5. Involuntary Leave

                        6. Military and Peace Corps Leaves

                        7. Leave for Public Service

                        8. Leave for National, State, or Local Union Duty

 

XVIII.       Personal Business

                  A. Definition of Personal Business

                  B.   Full and One-Half Day Units

                  C.   Additional Personal Business Days

                  D.   Extra-Contractual Assignments

 

XIX.         Jury Duty

 

XX.          Sick Leave

                  A. Sick Leave Credit

                  B.   Physician’s Authorization for Return to Work

                  C.   Full and One-Half Day Units

                  D.   Extra-Contractual Assignments

 

XXI.         Insurance Benefits

                  A.   Workers' Compensation

                  B.   Weekly Accident and Sickness and Long-Term

                            Disability Benefits

                  C.   Group Term Life Insurance


                  D.   Accidental Death or Dismemberment Benefits

                  E.   Hospital-Surgical-Medical Benefits - Tenured Teachers

                  F.    Hospital-Surgical-Medical Benefits - Probationary Teachers

                  G.   Waiver of Hospital-Surgical-Medical Benefits

                  H.   Dental, Optical, Hearing, Long-Term Care, and LASIK

                           Insurances

                   I.    Flexible Spending Account

                  J. Part-Time Members of Bargaining Unit

 

XXII.        Compensation Principles.

                  A.   Bargaining Unit Compensation

                  B.   Pay Dates

                  C.   Day’s Pay

                  D.   Extra Duty Pay Dates

                  E.   Spring/Summer Session Pay Dates

                  F.    Payroll Deductions

                  G.   Salary Error Correction

                  H.   Advanced Degree Compensation

                   I.    Lane Advancement – Asset & Cisco Programs

                  J.    Non-Bargaining Unit Compensation

                  K.   Mileage

 

XXIII.        Longevity

 

XXIV.       Pension Supplement

 

XXV.        Extra-Contractual Teaching

                  A.   Extra-Contractual – Teaching

                  B.   Extra-Contractual – Professional

                  C.   Extra-Contractual – Non-Teaching

                  D.   Extra-Contractual – Non-Credit

                  E.   Extra-Contractual – Assignment Limitation

                  F.    Extra-Contractual – Assignment Priority

                  G.   Substitute Teaching

 

XXVI.       Extra-Compensation

 

XXVII.      Severance Pay

                  A. Definition of Severance Pay

                  B.   Eligibility

 

XXVIII.     Salary Schedule Placement – Experience Credit

 

XXIX.      Salary Schedule – 2007-2008

                Salary Schedule – 2008-2009

                Salary Schedule – 2009-2010

                Salary Schedule – 2010-2011

                Salary Schedule – 2011-2012


XXX.        Grievance Procedure

                  A.   Definition of Grievance

                  B.   Statement of Basic Principle

                  C.   Individual Grievance Procedure

                        1. Preliminary Stage

                        2. Formal Stages

                        3. Time for Implementation

                  D.   Matters Not Subject to Binding Arbitration

 

XXXI.       Successor and Assigns

 

XXXII.      Waiver of Bargaining

 

XXXIII.     Conformity to Law Clause

 

XXXIV.     Matters Contrary to Agreement

 

XXXV.     Duration


EXHIBIT A 2007-2008 General College Calendar

                   2008-2009 General College Calendar

                   2009-2010 General College Calendar

                   2010-2011 General College Calendar

                   2011-2012 General College Calendar


EXHIBIT B 2007-2008 STAE Calendar

                   2008-2009 STAE Calendar

                   2009-2010 STAE Calendar

                   2010-2011 STAE Calendar

                   2011-2012 STAE Calendar


Statement of Agreement – Blue Cross/Blue Shield


Statement of Agreement – Degree/Certificate


Statement of Agreement – Hearing Insurance


Statement of Agreement – Long-Term Care Insurance


Statement of Agreement – Step Advancement


Statement of Agreement – Severance to Steps


Statement of Agreement – Nursing Ten Month Contracts


Statement of Agreement – Voluntary Employee Severance Program


Constitution for the College Organization

 

                I.      Principles

 

                II.     Role and Selection of College Personnel

                        A. Role

                        B. Selection of College Personnel

                        C. Conclusion

 

                III.    College Operating Structure

                        A. College Organization

                        B. Senate

                        C. Council

                        D. College Committees

                        E. Other Professional Organizations

 

                IV.   Policy Approval Procedure

 

                V.    Amendment Procedure

                        A. Constitution

                        B. By-Laws




AGREEMENT BETWEEN

THE BOARD OF TRUSTEES

OF HENRY FORD COMMUNITY COLLEGE

AND

THE HENRY FORD COMMUNITY COLLEGE

FEDERATION OF TEACHERS

AMERICAN FEDERATION OF TEACHERS' LOCAL 1650


2007-2012



This agreement is made this 21st day of May, 2007, by and between the Board of Trustees of Henry Ford Community College (hereinafter referred to as the "Board") and the Henry Ford Community College Federation of Teachers, AFT Local 1650 (hereinafter referred to as the "Union"), for the period beginning August 21, 2007 and ending August 20, 2012.


 

I.           RECOGNITION

 

               A.        The Board recognizes the Union as the sole and exclusive bargaining representative for the Bargaining Unit consisting of all classroom teachers (except part-time extra-contractual classroom teachers teaching less than ten contact hours); all department chairpersons, all counselors, all librarians, all Placement Officers, Focus on Women Program Director, Special Needs Program Advisers, Student Newspaper/Student Activities Officer, and Athletic Director (except for the non-classroom teaching positions cited above working less than nineteen hours per week). With respect to part-time teachers of English Composition, an assignment of eight or more contact hours shall constitute membership in the Bargaining Unit. All members of the Bargaining Unit shall hereinafter be referred to as "teachers."

 

             B.         The Union agrees to maintain its eligibility to represent all teachers by continuing to admit persons to membership without discrimination and to represent all teachers equally, regardless of membership in any employee organization.

 

             C.          The Board agrees to continue its policy of not discriminating against any teachers on the basis of race, color, religion, national origin, sex, age, weight, height, marital status, familial status, protected disability, sexual orientation, political affiliation or belief, or membership in or participation in or association with, the activities of any employee organization.

 

The Union and the Board of Trustees support the affirmative action policy as adopted by the HFCC College Organization.


             D.         The Board shall make no changes in the hours, wages and conditions of employment of teachers incorporated in this Agreement except upon mutual agreement of the Board and Union. The Board shall also make no changes, except upon mutual agreement of the Board and Union, in those portions of (a) the College Organization Handbook, or (b) the Staff Handbook of Administrative Regulations, or (c) The Board Policy Book which embody or constitute hours, wages or conditions of employment. When any such changes are agreed upon, the Board shall within ten (10) days deliver three (3) copies of such changes to the Union. It is understood that many matters involving hours, wages and conditions of employment as set forth in the aforementioned documents have been incorporated in this Agreement, and that in all such instances this Agreement shall supersede the aforementioned documents and constitute the controlling instrument.

 

New policies and regulations relating to hours, wages and conditions of employment not covered by any portion of this contract which are contemplated by the Board shall be adopted only after prior adequate consultation with the Union, with a good faith intent to reach agreement. However, the Union recognizes that failure to reach agreement following such good faith consultation shall not give rise to a grievance.

 

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II.          BOARD OF TRUSTEES' RIGHTS

 

The Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself, all rights, powers, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan and/or the United States.

 

The exercise of these rights, powers, authority, duties and responsibilities by the Board and the adoption of such rules, regulations and policies as it may deem necessary shall be limited only by the specific and express terms of this Agreement.

 

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III.         UNION-BOARD RELATIONS

 

             A.        Agency Shop

 

                1.        As a condition of employment, each teacher, beginning with the first complete month following a date thirty (30) calendar days after employment in the Bargaining Unit and monthly thereafter during August through May of each year during the life of this Agreement, shall tender to the Union either periodic and uniformly required Union dues or, in the alternative, a service charge in an amount equivalent to the periodic and uniformly required Union dues.


                2.       The effective date for termination of employment of any teacher who fails to comply with this Article shall be the end of the College year in which the teacher's failure to comply with this Article occurs.

 

                3.     No teacher shall be terminated under this Article unless:

 

                        a.        The Union first has notified the teacher by letter, explaining that the teacher is delinquent in not tendering either periodic and uniformly required Union dues, and specifying the current amount of such delinquency, and warning the teacher that unless such dues or service charge or a properly executed authorization are tendered within thirty (30) calendar days of such notice, the teacher shall be reported to the Board for termination as provided in this Article, and

 

                        b.        The Union has furnished the Board with a copy of the letter sent to the teacher and notice that the teacher has not complied with the Union's request. When requesting the Board to terminate the teacher, the Union shall further specify the following by written notice:

 

"The Union certifies that (Name) has failed to tender either the periodic and uniformly required Union dues or service charge required as a condition of continued employment under the collective bargaining agreement and demands that, under the terms of the agreement, the Board shall terminate this teacher."

 

                     4.          The Board agrees that within five (5) days of the receipt of the notice provided in the preceding paragraph, it shall notify the teacher that the teacher's services shall be terminated at the end of the current College year, and the Board further agrees that, at the next meeting of the Board after receipt of the said notice, the Board shall adopt a resolution terminating the employment of the teacher effective at the end of the current College year. The Board further agrees that after it has received the said notice, it shall not accept a check-off authorization from such teacher without the consent of the Union.

 

                     5.           If any suit or proceeding of any kind shall be brought against the Board at any time before any tribunal in which a teacher or teachers, or any person or organization on the teacher's behalf, contests a discharge or discharges under the provisions of this Article, the Union agrees to reimburse the Board, promptly upon demand, for all reasonable legal fees and all expenses of suit incurred by the Board in defending itself in such suit or proceeding, and also for any and all back pay or other damages for which the Board may be adjudged liable in such suit or proceeding. The Union further agrees that if it shall fail to reimburse the Board promptly upon demand for the aforesaid fees, expenses and damages, the Board shall be entitled, in addition to any other legal remedies, to apply against such indebtedness of the Union to the Board, until paid in full, all membership dues and service charges collected by the Board on behalf of the Union pursuant to the provisions of this Agreement. The foregoing shall also apply to any reasonable legal fees and expenses incurred by the Board and any back pay liability or other damages imposed upon the Board, in any proceedings which may be initiated by the Board in order to implement the provisions of this Article.

 

          B.       Dues or Service Charge Checkoff

 

                     1.           During the life of this Agreement, the Board shall deduct one (1) month's current uniform and periodic Henry Ford Community College Federation of Teachers' dues or service charge from the pay of each teacher who voluntarily executes and delivers to the Board a form authorizing such deductions.

 

                     2.           Payroll deductions shall be made only from the pay due teachers on the last payday of each calendar month, provided, however, the initial deduction for any teacher shall not begin unless both (1) voluntary authorization for deduction of Union dues or service charge and (2) the certification of the Union's financial officer as to the amount of the monthly Union dues or service charge has been delivered to the Board at least fifteen (15) calendar days prior to the last payday of the calendar month on which the change is to become effective.

 

                     3.           A teacher may revoke the "Voluntary Authorization" for deduction of Union service charge at any time by written notification to the Board on a form provided by the Board, provided notice of such revocation is given to the Union. Payroll deductions shall terminate when a revocation has been delivered to the Board at least thirty (30) calendar days prior to the last payday of the calendar month.

 

                     4.           All sums deducted by the Board shall be remitted to the financial officer of the Union once each month by the fifteenth (15) calendar day of the month following the month in which the deductions are made, together with a list of names and the amount deducted for each teacher for whom a deduction was made.

 

                     5.          The Board shall not be liable to the Union by reason of this Article for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the teacher. In addition, the Union shall indemnify and save the Board harmless from any liability resulting from any and all claims, demands, suits, or any other action arising from compliance with this Article, or in reliance on any list, notice, certification, or authorization furnished under this Article.

 

                     6.           The Board agrees that it shall not, during the life of this Agreement, deduct dues or service charges from teachers for any organization other than the Henry Ford Community College Federation of Teachers.

 

          C.         The Board shall make available to the Union, upon its reasonable request and within a reasonable time thereafter, such statistics and financial information related to Henry Ford Community College and in possession of the Board as are necessary for negotiation and implementation of collective bargaining agreements. It is understood that this shall not be construed to require the Board to compile information and statistics in the form requested when not already compiled in that form unless mutually agreeable.

 

          D.         The Union shall be furnished a copy of the agenda of each regular meeting of the Board with all normal attachments including the minutes of past meetings.

 

The Union shall be entitled to appear on the Board agenda provided that a written notification is submitted to the President's Office on or before the Tuesday prior to a regularly scheduled meeting.

 

Lacking a written notification to appear on the agenda of the Board of Trustees, the Union shall be entitled to speak on issues affecting Henry Ford Community College at the Board of Trustees' meetings at such times during the meeting as are provided in the agenda or at any other time agreeable to the Board.

 

          E.         Teacher representation on any committee appointed by the Board and dealing with matters within the jurisdiction of the Bargaining Unit, other than committees formed by agreements between the Faculty and the Administration pursuant to the provisions of the Constitution for the College Organization of Henry Ford Community College, shall be appointed by the Union.

 

          F.         Upon request, the President of Henry Ford Community College shall meet personally with the President of the HFCC Federation of Teachers, or vice versa, to discuss matters relating to the implementation of this agreement or to emphasize the significance to the College and/or the Union of any problems that may be under consideration at any level.

 

          G.         Rooms at the College may be used for Union meetings and special programs provided that: (1) arrangements are made in advance with the Administration and (2) meetings are scheduled within the regular shift hours of custodial staff.

 

          H.         Whenever possible, scheduling of classes of any member of the Executive Board of the Union which interfere with attendance at the monthly Executive Board meetings after 3 p.m. of the second Monday of each month shall be avoided, if names of Union Executive Board members are supplied to the Administration by October 1 for the Winter semester schedule and by February 1 for the Fall semester schedule.

 

          I.          Teachers who by arrangement between Union and Administration participate during working hours in conferences and meetings with the Administration, which involve or derive from this collective bargaining agreement, shall suffer thereby no loss in pay or benefits.

 

          J.         The President of the Union shall, upon request, be provided released time during the presidency, with no cost thereto accruing to the Board and with no penalty to the individual. If this released time is not used by the President of the Union, it may be assigned at the President's discretion. However, if any portion of this time is to be assigned, the Union President must supply the Administration with the name(s) of such teacher(s) by October 1 for the Winter semester schedule and by February 1 for the Fall semester schedule, except that these notification dates shall be waived in an emergency situation where the Union President becomes incapacitated for a period of time sufficient to require a teaching substitute, provided that coverage can be assured for the classes affected. Released time afforded the Union President or any designee of the Union shall be covered with part-time teachers, and reimbursement by the Union to the Board of such time shall be based upon the costs of replacement with part-time teachers.

 

          K.         Teachers shall be accorded the opportunity to attend programs of an educational nature on topics related to organizational activity, with no loss of pay, provided no cost accrues to the College.

 

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IV. CONDITIONS OF EMPLOYMENT

 

          A.         Preferred minimal educational requirements for full-time teaching shall be a master's degree in subject matter, or its equivalent, directly related to the teaching job being filled.

 

The filling of a vacancy with the best qualified person available shall be accomplished with the fullest possible involvement of the teachers of the division or department in which the vacancy exists.

 

It is understood that when part-time or temporary full-time vacancies are filled because of enrollment demands as a semester is beginning, time may not permit providing the teachers within the division/department where the vacancy exists the fullest possible involvement in the hiring process. In such instances, the teachers within the division/department may, at their option, assess the part-time or temporary full-time hire during the first semester of employment in the manner traditionally used by the teachers in the filling of a vacancy, including the review of application materials, conducting an interview(s), observing teaching performance, and forwarding a recommendation relative to continued employment beyond the initial assignment.

 

          B.       Whenever the number of classes taught during the day by part-time teachers within a department/division is equal to or exceeds two (2) full-time positions for three (3) consecutive semesters, the Administration shall honor the request of the department/division for additional full-time teachers, up to a number that would reduce the amount of day part-time teaching within the department/division to less than that equal to two (2) full-time positions.

 

It is understood by the parties that no more than four (4) teachers may be hired under the terms of this provision in any one (1) contractual year. Should the requests for additional teachers under this provision exceed four (4) in number in any one (1) contractual year, the requests of those departments/divisions having the highest ratio of part-time to full-time teachers shall receive priority under this provision.

 

It is also understood that requests for full-time hires under the terms of this provision shall be honored only in a semester (1) immediately preceded by three consecutive semesters in which tuition/fees and State aid revenues at the College have increased, remained constant, or been limited to a decrease of 1% (0.01) or less, and (2) only to the extent that turn-over savings from full-time teacher retirements/resignations effective with the current College year are sufficient to fund the additional full-time positions.

 

The language in this provision should in no way be construed as to prohibit the hiring of full-time teachers under conditions other than those cited above, and in no way places a limit on the total number of teachers the College may hire in a particular year.

 

          C.       As of January 2007 and thereafter, the minimum full-time teachers staffing level shall be 205 full-time teachers, unless the parties agree otherwise.

 

          D.       The Constitution for the College Organization of Henry Ford Community College, as it may be amended from time to time in a manner mutually agreeable to the College Organization Senate and the Administration, shall continue in force for the duration of this contact.

 

          E.       When a teacher speaks or writes as a citizen, the teacher shall be free from administrative and institutional censorship and discipline. However, the responsibility for clarifying the communicator's position resides with the teacher, and a statement to the effect that the teacher speaks as an individual, a citizen, and not in behalf of the institution, should be included in this communication.

 

Each teacher is entitled to freedom of discussion within the classroom on all matters which are relevant to the subject under study and within the teacher's area of professional competence. The presence of any communications device during the meeting of a class shall be subject to the teacher's permission or the requirements of legislation providing for the handicapped.

 

          F.       A written recommendation resulting from any department/division action which is forwarded to an appropriate administrator, through established channels at the College, is deserving of a written response. Such response should, in the normal course of events, be provided within ten (10) working days and should indicate the administrator's action (e.g., approval or disapproval, support or lack of support, acceptance or rejection, return to sender for any purpose, statement of need for further study or other appropriate action), including the reasons for such action.

 

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V.       TENURE AND PROBATION

 

          A.       Definitions

 

                     1.       The term "teacher" as used in this Article shall mean full-time teacher as defined by the collective bargaining agreement.

 

                     2.       The term "demote" shall mean to reduce a teacher's contractual salary and fringe benefits or to refuse to advance a teacher to a higher step on the salary schedule if so required by the collective bargaining agreement.

 

                     3.       The term "College year" shall be as defined by the collective bargaining agreement or as adopted by the practice of the parties.

 

                     4.       "Tenure" is the term of the individual contract of employment between a teacher and the employer wherein such individual contract of employment has no expiration date.

 

                     5.       The term "day" as used in this Article shall mean calendar day.

 

          B.       Probationary Period

 

                     1.       Each teacher, upon being hired full-time at the College, shall serve a four (4) year period of probation.

 

The primary emphasis in the first two and one-half (2.5) years of probation shall be on evaluating performance of professional duties. In the final year and one-half (1.5) of probation, there shall be continued emphasis on evaluating performance of professional duties with equal emphasis on participation in the governance structure of departments/divisions and the College. Participation in the governance structure of the HFCC Federation of Teachers may be used, at the teacher’s option, to fulfill the governance requirement of this Article.

 

                     2.       At least three (3) and preferably four (4) classroom observations per year, or their equivalent for probationary teachers not engaged in classroom activities, shall be made by the appropriate administrator, unless extraordinary circumstances prevail, in which case the Administration may waive such requirements. Any teacher on probation may request an observation. When a Teacher Evaluation Form is submitted, the probationary teacher may write any comments the teacher feels are appropriate. The teacher's written comments shall be attached to the Teacher Evaluation Form. Prior to the writing of a report, it is desirable that a conference be held with the teacher involved. If any weaknesses are to be cited, a conference shall take place. The administrator shall offer constructive comments in writing regarding weaknesses observed.

 

A department/division shall establish a Probationary Teacher Mentor Committee consisting of tenured teachers of the department/division to provide the probationary teacher with: (a) evaluations and recommendations regarding the teacher's performance during the teacher's first two (2) years of probation and (b) information regarding procedures and policies of the department/division and the College, with particular emphasis upon the shared governance structure of the College. The findings and recommendations of such a committee shall be confidential and shall be shared with administration only following written permission from the probationary teacher.

 

                     3.       Not less than twenty (20) days before the end of any College semester for a first year probationary teacher, forty (40) days for a second year probationary teacher, and sixty (60) days for a third year or fourth year probationary teacher, the President of the College or designee may recommend to the Board of Trustees that a probationary teacher's contract not be renewed. The Administration, if it decides to recommend to the Board of Trustees the non-renewal or the dismissal of a probationary teacher, shall furnish such teacher with a written statement containing the reason(s) for such recommendation. Such reason(s) shall be based upon observation and/or other relevant considerations. In addition the Administration shall provide, at the request of the affected teacher, a conference with the administrator who recommends non-renewal or dismissal and a conference with the College President or designee. The teacher may be accompanied by a Union representative if the teacher so desires.

 

                     4.       No probationary teacher shall be extended rights and/or privileges not granted a tenured teacher.

 

                     5.       The provisions of Article V.B., Probationary Period, are subject to review through the Grievance Procedure. The parties agree that under no circumstances shall an arbitrator have jurisdiction to grant tenure as a remedy for any violation of the provisions of Article V.B., Probationary Period. The denial of tenure shall not be subject to review through the Grievance Procedure.

 

          C.       Tenure

 

                     1.       Following the completion of the probationary period, all teachers shall be vested with tenure as teachers of the Henry Ford Community College Board of Trustees.

 

                     2.       Any teacher who has rendered two (2) or more years of full-time service at the College as of the date of incorporation of this Article into the collective bargaining agreement, any tenured P-12 teacher from the Dearborn School District who is hired at the College, and any instructional employee who has been employed as an administrator or in a combination of teaching/administrative positions at HFCC for two (2) full College years as of September 1, 1980, and who subsequently becomes a teacher, shall be considered a tenured teacher under the terms of this Article.

 

                     3.       No teacher on tenure shall be discharged, demoted or otherwise terminated from employment with the Board of Trustees without compliance with the provisions D, E, and F of this Article. However, the provisions of this Article shall not apply to any dismissal arising from failure to comply with the Agency Shop provisions of the contract.

 

                     4.       Action brought against a teacher under provisions D, E, and F of this Article shall not be subject to review through the Grievance Procedure.

 

          D.       Severance of a Tenured Teacher

 

                     1.       Discharge, separation or demotion of a tenured teacher shall be accomplished only for just cause. No charges concerning the character of professional services of any teacher shall be considered unless such charges have been filed not less than sixty (60) days before the end of the College year.

 

                     2.       Any charge seeking to separate a teacher with tenure shall be reduced to writing, signed, and attested to before a notary by the person making same and filed with the Secretary of the Board of Trustees. The Board of Trustees shall, at its next scheduled public meeting, receive such charges for consideration and shall conduct a vote on whether or not to proceed upon such charges. In the event that the Board of Trustees elects to proceed upon such charges, the Board of Trustees shall forthwith advise the affected teacher and provide to such teacher a copy of the charges, a copy of the resolution of the Board of Trustees, as well as a statement of the rights of the teacher under this Article. The teacher shall notify the Board of Trustees in writing, within ten (10) days of receipt of charges, that the teacher desires a hearing with the Board.

 

The Board of Trustees shall convene for the purpose of hearing evidence in support of charges not less than thirty (30) days nor more than forty-five (45) days from the receipt of the teacher’s request for a hearing. Such hearing shall be public or private at the option of the affected teacher and shall be chaired by the Chairperson of the Board of Trustees with counsel or an administrative law judge who shall be an attorney employed by the Board of Trustees for the purpose of chairing such meeting. The Chair shall keep order at such hearing, direct the receiving of proofs, and make rulings upon evidence, as may be appropriate. The Chair shall set the rules for procedure at such hearing provided that the rules of evidence comply with the Administrative Procedures' Act of 1969.

 

                     3.       The hearing shall be quasi-judicial, with the charging party having the burden of proof and the burden of going forward with the evidence in support of such charge(s). Both the teacher and the charging party may be represented by counsel.

 

                     4.       Either party may call for the attendance of witnesses, and either party may call for the production of documents or the attendance of witnesses for the production of documents. The Board of Trustees shall do all that is within its power to ensure compliance.

 

                     5.       Testimony at the hearing shall be on oath or affirmation. The proceedings at such hearing shall be transcribed by a certified court reporter, and the expense of such proceedings shall be borne by the Board of Trustees. A transcript of the proceedings, certified complete and correct, shall be provided the affected teacher, at Board expense, within ten (10) days after the conclusion of the hearing.

 

                     6.       No action shall be taken resulting in the demotion or dismissal of a tenured teacher except by a majority vote of the members of the Board of Trustees. Any hearing held for the dismissal or demotion of a tenured teacher must be concluded by a decision in writing within fifteen (15) days after the termination of the hearing. A copy of such decision shall be furnished the affected teacher within five (5) days after the decision is rendered.

 

          E.       Appeal

 

                     1.       Only the affected teacher may elect to appeal the decision of the Board of Trustees to an arbitrator selected in accordance with the rules of the American Arbitration Association. Appeal must be filed within thirty (30) days after receipt of the decision of the Board of Trustees.

 

                     2.       Such arbitrator shall receive and review the transcript of proceedings before the Board of Trustees, and the arbitrator shall receive and review citations of error as may be submitted by the affected teacher. The arbitrator shall receive and review such citations of error and the transcript, hear such argument and such further evidence as may be appropriate or as the affected teacher may wish to introduce, shall consider such evidence and opinionate upon the same, and issue a de novo decision, which decision may be the same or different from that of the Board of Trustees. In no event shall the arbitrator be confined to the decision of the Board of Trustees but may elect to substitute a judgment for that of the Board of Trustees in the event that the Board's decision is inconsistent with the terms of this Article. Such decision by the arbitrator shall be final and binding on the Board of Trustees, the charging party, and the affected teachers. The costs of such arbitration shall be borne equally by the Board of Trustees and the affected teacher.

 

          F.       Suspension

 

A teacher may be suspended from duties by decision of the President in the event that charges have been filed or shall be filed within twenty-one (21) working days thereafter by a charging party. No suspension shall be valid unless charges are filed under the Tenure Procedure of the contract within twenty-one (21) working days thereafter. During such period of suspension, the affected teacher's salary and benefits shall not be diminished, nor shall such a teacher be denied an increase in salary and benefits in the event that such increase is appropriate under this contract.

 

Notwithstanding the above, a teacher may be suspended from duties for up to five (5) days in any College year for disciplinary reasons, without contractual and/or extra-contractual compensation, subject to review through the Grievance Procedure.

 

          G.       Abandonment of Duties

 

Severance of a teacher for abandonment of duties shall occur when a teacher fails to report for work for a period of ten (10) consecutive work days without notice, provided the College has sent a certified “next day mail” letter requesting return to work to the teacher’s last address on file with the College, and provided the teacher has no reasonable explanation for failure to notify the College of the reason(s) for absence. Severance under this Article shall not be subject to review under the Tenure Provision of the contract but shall be subject to review through the Grievance Procedure.


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VI.      SENIORITY

 

          A.       A District seniority date is the February 1 or September 1 date which, subtracted from the current, shall give the number of years of contractual service as an instructional employee of the Dearborn Board of Education and/or the Board of Trustees of Henry Ford Community College.

 

          B.       A College seniority date is the February 1 or September 1 date which, subtracted from the current date, shall give the number of years of contractual service as an instructional employee at the College.

 

          C.       Applicable seniority shall be basically College seniority as previously defined, except that District seniority acquired outside the College prior to the existence of the College Bargaining Unit (September 1, 1966) shall be counted as College seniority at full value. District seniority acquired outside the College in another bargaining unit in the District subsequent to the advent of the College Bargaining Unit shall count for no value as College seniority for those teachers initially assigned to the College effective on orafter September 1, 1976. Any other District seniority acquired outside the College subsequent to the advent of the College Bargaining Unit shall be counted as College seniority as one-fourth (0.25) of full value for the period of 1966-75, inclusive.

 

After September 1, 1975, only full-time teachers in the Bargaining Unit and teacher-elected administrators at the College shall acquire and accumulate College seniority.

 

Seniority shall not be retained by any teacher who accepts permanent appointment to a non teacher-elected administrative position. Teachers accepting temporary administrative assignments of up to one (1) year in duration shall retain and accrue Bargaining Unit seniority.

 

District seniority acquired outside the College prior to the advent of the College Bargaining Unit (September 1, 1966) shall count for no value as College seniority for those teachers initially assigned to the College effective on or after April 1, 1979.

 

          D.       Time involved in Personal Leave or time in excess of five (5) years on Civic Leave shall not be counted as creditable service for seniority purposes, and the seniority date shall be advanced accordingly.

 

Adjustments in seniority dates shall be based on the period not creditable measured to the nearest quarter year, and the seniority date shall be advanced to the appropriate February 1 or September 1.

 

          E.       Time involved in all professional leaves shall be counted as creditable service for the purpose of seniority.

 

          F.       Any teacher who has resigned shall, in any instance of reemployment, be treated as a newly hired teacher with respect to both salary placement and seniority.

 

          G.       Teachers who begin professional service during the course of the College year shall receive the seniority date nearest the date of the commencement of their employment. Should the date of commencement of employment fall equidistant between seniority dates, the teacher shall receive the nearest previous seniority date.

 

          H.       When ranking instructional employees in seniority order, in accordance with Article VI.G., if two (2) or more instructional employees have the same seniority date, they shall be ranked by the last four (4) digits of their respective social security numbers, the employee with the higher number being given higher seniority rank. For example:


                                Seniority                   Date            Social Security Number

 

                                Teacher #1              9-1-89                      367-20-6500

                                Teacher #2              9-1-89                      558-30-5999

                                Teacher #3              2-1-90                      678-90-9234

                                Teacher #4              2-1-90                      487-65-7233

                                Teacher #5              2-1-90                      999-99-0999

 

          I.        When necessary instructional employee reduction is anticipated at the College, essential courses and/or program offerings shall be determined.

 

                     1.       The qualifications of current instructional employees shall be reviewed. Possibilities for realignment of instructional employee utilization shall be explored for the purpose of allowing instructional employees with the greatest seniority who possess the necessary qualifications (e.g. Master's degree in subject area, graduate major, or vocational certification) to remain with the College.

 

An identification of instructional employees surplus to the College shall then be made. Those not qualified to teach the prospectively existing courses and/or programs shall, of necessity, be declared surplus. Those qualified to teach prospectively existing courses and/or programs shall be declared surplus in inverse seniority order.

 

                     2.       Full-time teachers placed on a list of surplus teachers shall not be severed by the Board if the following conditions exist with relation to part-time employment within their area(s) of competency:

 

                                a.       there is sufficient part-time and/or extra-contractual time (day and/or evening) in their area(s) of competence to make up a full-time assignment;

 

                                b.       the full-time teachers so affected are willing to take those specific assignments as are available in the schedule;

 

                                c.       the division/department in question is able to provide the range of courses required by programs within that division/ department.

 

The President of the Union shall be advised of the initiation of the above processes and shall be kept reasonably currently informed of the development of any prospective list of surplus teachers.

 

                     3.       Those full-time teachers laid off by the Board as a result of necessary staff reductions, in accordance with Articles VI.I.1. and VI.I.2., shall be offered reemployment by the Board as full-time positions or the equivalent in part-time and/or extra-contractual time (day and/or evening) become available in their area(s) of competency. The sequence of rehire of such teachers shall be according to College seniority. The College’s obligation to return a teacher from laid off status shall be limited to a period of five (5) years or the teacher’s number of years of service, whichever is greater.

 

The College shall make reasonable efforts to notify a laid off teacher of recall opportunities. Written notification shall be sent by certified mail to the teacher’s last known address. Should the teacher fail to respond within five (5) weeks of date of notification and indicate willingness to return to full-time employment status, that teacher shall forfeit the right to be recalled to employment.

 

Should a teacher offered reemployment under this provision be under contractual commitment elsewhere at the time of the offer, the available position shall be reserved for the teacher for up to one (1) year. If a teacher wishes to have a position reserved under this provision, the teacher shall notify the College and the Union, in writing, within twenty (20) working days of receiving reemployment notification, of intent to return to the College upon expiration of the reserved period. If a position is reserved for a teacher under this provision, the next eligible teacher on the reemployment schedule, who so desires, shall be offered the reserved position, on a temporary basis, permitting no accrual of seniority, unless the teacher is retained for a period beyond that covered by the temporary appointment.

 

                     4.       Teachers may be employed for a specified period of time for the following reasons:

 

                                a.       to replace full-time teachers on absence or on leave,

 

                                b.       to replace full-time teachers who die during a regular College semester,

 

                                c.       to replace teachers who resign during a regular College semester,

 

                                d.       to staff new programs and extensions of existing programs primarily funded from other than basic State aid and/or local millage levy and limited in funding and/or duration,

 

                                e.       to replace full-time teachers who accept appointment to administer programs or program expansions of a fixed duration until and unless such administrative appointment is renewed on a continuing basis beyond the fixed duration of the program,

 

                                f.        to staff a full-time position(s) on an emergency basis, when time does not permit fulfilling the hiring procedures required of a permanent full-time position,

 

                                g.       to fill staffing needs not cited above, subject to the mutual agreement of the Union and Administration.


 

Teachers employed for a specified period of time shall be subject to termination at the end of the period specified in their individual contracts without recourse to any of the provisions of Articles VI.I.1 or VI.I.2. The Union shall be advised of any individual contract of less than a year's duration. A current list of all individuals hired under this provision shall be provided the Union President within two (2) weeks of the beginning of each College year.

 

          J.       The Administration shall prepare annually a seniority list of full-time teachers at HFCC and, upon request, provide a copy thereof to the Union.


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VII. THE COLLEGE YEAR

 

          A.       The College Year shall consist of two (2) semesters, each of which shall consist of no less than seventy-four (74) and no more than seventy-seven (77) instructional days, exclusive of the final examination period and recognized holidays which fall within the weeks of instruction. (Recognized holidays shall be Labor Day, Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr. Day, Memorial Day, and Independence Day.) For STAE teachers, Placement Officers, and Cooperative Education Specialists hired subsequent to August 21, 1994, the College year shall be that described in this paragraph.

 

          B.       No alteration of the basic form of the College Year shall be undertaken during the term of this contract without consultation and agreement with the Union.

 

          C.       All contracts issued to teachers shall be College month contracts. Any new contract for longer than this period may be assigned only to teachers whose duties are prescribed in the conditions of a particular State, Federal, or private grant, and only after prior good faith consultation with the Union.

 

All teacher contracts (exclusive of the contracts of STAE teachers, Placement Officers, and Cooperative Education Specialists hired prior to August 21, 1994) shall normally be for a period encompassed by the College Year.

 

STAE teachers, Placement Officers, and Cooperative Education Specialists hired prior to August 21, 1994 may choose a ten (10) month contractual assignment and compensation, in lieu of the twelve (12) month contract under which they were hired. Once made, this choice is irrevocable.

 

          D.       A Spring seven and one-half (7.5) week session and a Summer seven and one-half (7.5) week session shall be scheduled in addition to the College Year, but any alteration in these calendars or their length shall be subject to consultation and agreement with the Union.

 

The final examination period shall normally be considered to be the last scheduled day of classes in a Spring or Summer Session.

 

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VIII. THE COLLEGE WEEK

 

The normal College Week shall include, and be limited to, the days Monday through Friday.

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IX. THE COLLEGE DAY

 

          A.       The College Day shall include such scheduled class sessions as the individual work load may prescribe, regularly scheduled conference hours, the individual teacher's laboratory duties, and such additional time as may be necessary to fulfill committee assignments and other necessary professional responsibilities, within the hours of 8:00 a.m. and 5:00 p.m. The Union agrees that teachers shall be expected to continue to offer some assistance voluntarily with College sponsored activities involving the student body or the public which require professional help beyond the efforts of those administrators and teachers directly and continuingly involved.

 

So as to ensure that approximately one-third (0.333) of the teachers from each Division are present at the College’s Graduation Ceremony, each teacher shall be required to participate at least once in every three year cycle. Each Division of the College shall establish and maintain a rotation policy, initially based upon College seniority, to fulfill the intent of this Article.

 

          B.       In order to foster teacher participation in the shared governance structure of the College and to avoid potential conflicts of interest, full time teachers shall not accept employment for compensation from an employer, other than the College or the HFCC Federation of Teachers; receive fees for professional/ technical services; or conduct business-related activity for monetary gain during the regular College Day (8:00 a.m. to 5:00 p.m.).

 

Exceptions to this Article shall be granted by the College President, after consultation with the Union, provided the teacher can demonstrate: (1) the activity does not interfere with the teacher’s divisional and College governance structure responsibilities, and (2) there is no conflict of interest between the activity and the teacher’s employment at the College.

 

          C.       Beginning times of classes taught as part of the teacher's regular teaching assignment shall not be more than six (6) hours apart on any given day and the span of class time on any given day shall not exceed seven (7) consecutive hours, except that in the STAE Division this time limitation may be extended on no more than two (2) days a week, such days not to be consecutive, in the event that such an extension should be necessary to the effective conduct of the program.

 

Whenever scheduling difficulties cannot be resolved within the usual seven (7) hour limitation which may arise because of concurrent demands on facilities from the Technical and the STAE programs and/or calendars, these difficulties may necessitate an eight (8) hour span of time for some members of the Technical Division. In no case should more than 50% (0.50) of any one (1) department be so affected in any one (1) semester, nor should any teacher be so affected in consecutive semesters. Such arrangements are best effected in a cooperative effort between teachers and Administration.

 

Any other exception to the above shall occur only by agreement between the Union and the Administration to which the President of the Union and the College President's Office are party.

 

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X.       WORK LOAD

 

          A.       The full-time teaching load shall be considered to consist of fifteen (15) contact hours per week. Twelve (12) contact hours per week shall be considered to be the work load for full-time teachers who teach three (3) or more composition classes (English 088, 091, 092, 093, 131, 132, 135, 139).

Extra-contractual compensation shall be paid for any contact hours in excess of an annual thirty (30) contact hour contractual load, provided that the teacher cannot construct an annual thirty (30) contact hour contractual load from courses available within the teaching discipline for which the teacher was hired.

 

Should the contact hours for courses available within the teaching discipline for which the teacher was hired result in an annual contractual contact hour load of less than thirty (30) contact hours, the shortfall in contact hours shall be covered by treating an equivalent number of extra-contractual contact hours the teacher may be teaching in that particular contractual year as contractual contact hours having no extra-contractual compensation.

 

Should a teacher have no extra-contractual contact hours to apply toward contractual load in a year in which an approved annual contractual contact hour load is less than thirty (30) contact hours, the teacher’s contractual compensation shall be reduced by an amount equivalent to what would be the teacher’s extra-contractual compensation for the deficient number of contractual contact hours.

 

A General College contact hour is defined as a fifty to fifty-two (50 to 52) minute classroom session, depending on the number of minutes necessary to meet the State contact hour mandate, inclusive of laboratory periods, and an apprentice program contact hour is defined as a fifty-five (55) minute classroom session, inclusive of laboratory periods.

 

It is understood by the parties that the fifteen (15) contact hour full-time teaching load requires an equal number of hours per week in preparation and follow-up relative to classroom instruction.

 

It is agreed that in order to avoid any STAE class dropping below fourteen (14) sessions per semester, the administration may transpose "nights" of instruction.

 

The Administration shall schedule the contractual assignments of full-time faculty prior to scheduling class assignments for other individuals.

 

Whenever possible, a probationary teacher shall be assigned no more than three (3) different contractual course preparations in any one semester. For the purposes of this Article, a distance education course shall be considered a different preparation than the same course offered through traditional means.

 

          B.       The teaching load shall also include two (2) announced, posted and scheduled conference hours, during which teachers shall be regularly available to students, for each three (3) contact hours in the teachers' contractual assignments. Such conference hours shall be posted on each teacher's office door at the beginning of each semester or term.

 

With respect to a contractual assignment scheduled to begin at 8:10 a.m. or earlier, thirty minutes of a contractual conference hour may be scheduled immediately prior to the assignment; for a contractual assignment scheduled to end at 5 p.m. or later, thirty minutes of a contractual conference hour may be scheduled immediately following the assignment.

 

Teachers serving on College, Division/Department, or Program accreditation committees may use up to five (5) conference hours per semester for such accreditation responsibilities.

 

          C.       In addition to the twenty-five (25) hours of scheduled class and conference hours (15+10), and non-scheduled fifteen (15) hours of preparation and follow-up (15+10+15), College teachers shall be available for such official College Organization, committee, and divisional/ department meetings as may be scheduled.

 

          D.       The normal work load for counselors shall be thirty-five (35) hours per week. Thirty hours (30) shall be spent in student contact, e.g. individual and group counseling and student interaction through courses taught by counselors. Two-thirds (0.66) (rounded) of the preparation and follow-up time for contractual load courses taught by counselors shall be included in the calculation of thirty (30) student contact hours, and one-third (1/3) (rounded) shall be included in the five (5) hours of preparation and follow-up. Up to but no more than five (5) hours of the thirty (30) hours of student contact may be spent in outreach and liaison with area high schools, colleges, and corporate clients, exclusive of travel time. It is understood that in addition to the counselors' thirty (30) hours of student contact, five (5) non-scheduled hours of preparation and follow-up per week are required.

 

In addition to the thirty (30) hours of student contact and five (5) hours of preparation/follow-up (30+5), counselors shall be available for such official College Organization, committee, and divisional/departmental meetings as may be scheduled.

 

Counselors may volunteer to report for a period of five (5) consecutive work days (exclusive of Saturday, Sunday, and holidays) immediately prior to the beginning of a College semester and within the confines of the College Day (8:00 a.m. to 5:00 p.m.), in order to perform five (5) days of contractual work load responsibilities. A counselor who so volunteers shall be granted a compensatory period of five (5) consecutive or non-consecutive work days during the semester at a time mutually agreed upon by the counselor and Administration. Should the Union and Administration concur that an insufficient number of counselors have volunteered to participate under this provision, counselors hired effective August 24, 1999 and thereafter may be required to work the periods of five (5) consecutive work days cited above. In any case where counselors hired effective August 24, 1999 and thereafter are required to work under this provision, such counselors shall have priority over volunteers in arranging with Administration a mutually agreeable compensatory period of five (5) consecutive or non-consecutive work days. It is understood that a counselor subject to this provision may volunteer to work the five (5) days immediately prior to the beginning of a College semester on an extra-contractual basis, subject to contractual limitations on extra-contractual teaching.

 

          E.       The normal work load for librarians and teachers, other than counselors, performing non-teaching responsibilities exclusively shall be thirty-five (35) hours per week.

 

In addition to their thirty-five (35) hour work load, librarians and teachers, other than counselors, performing non-teaching responsibilities exclusively shall be available for such official College Organization, committee, and divisional/departmental meetings as may be scheduled.

 

          F.       The Cooperative Education Specialist work load shall have as its goal the rendering of Cooperative Education services to one hundred and twenty (120) students during a regular semester. Should the Cooperative Education Specialist(s) not meet these goals over a period of three consecutive semesters other responsibilities may be assigned as a portion of their work load by the President or designee, subject to the concurrence of the Union.

 

          G.       A tenured teacher may be given administrative approval for a reduced work load, not less than one-half (0.5) of the normal load, for a proportionately reduced salary, including longevity and pension supplement. Such approval may be granted by the College President under any one of the following conditions:

 

                     1.       The teacher has reached age sixty (60) or shall reach that age during the College year in which the reduced load is to take effect,

 

                     2.       The teacher's condition of health makes a reduced load advisable,

 

                     3.       The teacher wishes to pursue graduate study which is pertinent to the subject matter and/or duties within the province of the teacher's department/division,

 

                     4.       The teacher wishes to elect reduced load in lieu of Leave for Care of Ill Members of the Immediate Family,

 

                     5.       The teacher wishes to elect reduced load in lieu of Child Care Leave,

 

                     6.       The teacher wishes to elect reduced load for reasons other than those cited above.

 

No teacher shall engage in any other gainful employment of any kind while teaching a reduced load under this provision. Administration may terminate any privilege granted to a teacher under this section at the end of any semester or year.

 

For purposes of determining years of service in computing severance pay, time spent teaching a reduced load under this provision shall be counted as if the teacher had taught a full load.

 

          H.       All arrangements for substitutes for contractual or extra-contractual teaching shall be conducted through the Division Director or Department Chairperson and shall have the approval of the appropriate Vice President/Dean.

 

Involuntary assignments to non HFCC campus sites shall be made to qualified teachers through inverse seniority.

          I.        A Course Scheduling Audit Committee, consisting of equal representation from the Union and Administration, shall be established to review annually department/division practices in the scheduling of courses, with the purpose of formulating recommendations to the College President designed to increase student enrollment, minimize the number of under-enrolled course sections, and maximize the efficient use of the human and physical resources of the Academic, Career, and Student Services areas of the College.

 

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XI. CLASS LOAD

 

          A.       The number of students assigned to classes shall be limited by existing practice. Special consideration shall be given to the problems of introducing new courses or sustaining advanced courses essential to the integrity of particular programs and/or departments, and to commitments made to students enrolled in sequential programs.

 

          B.       When facilities permit, up to three (3) additional students may be added to course sections which have attained maximum class size, provided that the total number of students for all of the teacher's assigned contractual sections does not exceed the combined established maximum number of students for those sections. Nursing and Health Careers’ clinical sections are exempt from this provision.

 

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XII.     DISTANCE EDUCATION

 

          A.       Definition

 

Distance Education shall refer to any instruction transmitted and/or delivered to a student(s) at a remote site by means such as, but not limited to, electronic communication, telecommunication, compressed video, computer, satellite, video/audio tape or CD, on-line technology, printed materials, or any combination thereof. It shall also refer to any instruction delivered from a remote site to the College by such means.

 

          B.       Course/Program Integrity

 

                     1.       Distance Education delivered by the College, delivered under its auspices, or received by the College shall be subject to initial approval, review, and reapproval of the division(s)/department(s) traditionally responsible for instruction of the subject matter and/or content of the Distance Education offering.

 

                     2.       The Board agrees that Distance Education shall not be offered or received by the College so as to cause the layoff of Bargaining Unit members or preclude the hiring of replacements in vacated Bargaining Unit positions.

 

                     3.       A qualified full-time teacher shall have the right of first refusal in the development of any distance education course.

 

                    4.       A teacher shall not be required to teach a course by means of Distance Education.

 

                     5.       Teachers desiring to teach a Distance Education course shall be afforded the opportunity based upon the course assignment policies of the teacher’s division/department and relevant provisions of the collective bargaining agreement, provided that the teacher demonstrates to the division/department satisfactory proficiency in the delivery system(s).

 

                     6.       The College shall, throughout the development and delivery of a Distance Education course, provide the institutional and technological support services, support systems, support personnel, and teacher training in the relevant technology(ies), as determined necessary by the teacher, the division/department offering the course, and the College Administration.

 

                     7.       A teacher who develops a Distance Education course shall have priority in teaching that course for a period of three (3) years immediately subsequent to its development, up to the limits of the teacher’s contractual teaching load and the contractual limits relative to extra-contractual teaching.

 

                     8.       The College agrees not to rebroadcast any Distance Education course or instructional material, which may have been developed with that capacity, three (3) years subsequent to the completion of its development, without written approval of the teacher(s) who developed the course/material.

 

                     9.       Evaluation of instruction in a Distance Education course shall be in accordance with instructional evaluation provisions agreed to by the Union and College.

 

          C.       Compensation

 

                     1.       A teacher preparing a Distance Education course shall be afforded up to four (4) contact hours of contractual released time or up to four (4) contact hours of extra-contractual assignment, at the teacher’s option, during the College year immediately preceding the semester during which the Distance Education course is to be initially offered.

 

                     2.       The number of weekly teacher-student contact hours of any Distance Education course shall be used to determine its portion of a teacher’s contractual teaching load or in calculating extra-contractual compensation, provided the number of weekly teacher-student contact hours for the Distance Education course does not vary from that of the course as taught in a traditional delivery mode.

 

Should the number of weekly teacher-student contact hours of a Distance Education course vary from that of the course taught in a traditional delivery mode, the portion of a teacher’s contractual teaching load that such a Distance Education course constitutes and/or the extra-contractual compensation for such a course shall be subject to negotiation and agreement with the Union, prior to the offering of the course.

 

                     3.       The weekly contact hours used to determine a teacher’s contractual assignment or extra-contractual compensation for a course, not currently or previously taught at the College in a traditional delivery mode, shall be subject to negotiation and agreement with the Union, prior to the offering of the Distance Education course.

 

                    4.       The College shall assume, if preapproved, the charges associated with correspondence, telephone, e-mail, or other forms of communication between teacher and student(s) which may be incurred in the conduct of Distance Education, whether incurred at a campus or off-campus location.

 

                     5.       The compensation afforded a teacher whose Distance Education course is rebroadcast shall be subject to negotiation and agreement with the Union, prior to the rebroadcast of the Distance Education course.

 

          D.       Class Size

 

                     1.       The class size for any Distance Education course which is offered at the College in a Distance Education delivery mode shall be that class size established for the course as taught at the College in a traditional delivery mode.

 

                     2.       The class size for a Distance Education course not currently or previously taught at the College in a traditional delivery mode shall be subject to negotiation and agreement with the Union, prior to the offering of the Distance Education course.

 

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XIII.    INTELLECTUAL PROPERTY

 

          A.       A course offered by the College and the materials developed to meet the requirements for College approval of a course (course description, goals, objectives, syllabus) are considered the property of the College.

 

It is understood that an individual teacher’s lesson plans and materials generated in support of those lesson plans (such as, but not limited to, a teacher’s notes, handouts, audio-visual and computerized presentations, and tests) are the property of the teacher. Teachers are encouraged to share such materials in a collegial fashion, but are not obligated to do so.

 

          B.       Any materials developed to teach, support, and/or deliver Distance Education instruction by a teacher shall remain the property of the teacher, provided the teacher does not receive, in the development of the materials, substantive assistance from College technical support personnel in the course of their employment at the College. If such assistance is provided by College technical support personnel in the course of their employment at the College, the teacher and the College, or their designees, shall negotiate a mutually satisfactory agreement addressing ownership of such materials and any proceeds which may derive therefrom.

 

          C.       Any product of a physical, intellectual, and/or artistic nature, which may be produced in the course of a teacher’s employment at the College, and any proceeds deriving therefrom, shall remain the property of the teacher, unless the product is produced at the direction of the College and the College dedicates funding to underwrite the development of the product. In such event, the teacher and the College, or their designees, shall negotiate a mutually satisfactory agreement addressing the ownership of the product and proceeds therefrom.

 

It is understood that any materials produced in coursework undertaken by a teacher, works of a scholarly nature produced by a teacher, and materials generated by a teacher in support of the teacher’s lesson plans are the property of the teacher, regardless of the degree of support provided by the College.

 

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XIV.    TEACHING FACILITIES

 

          A.       The Administration shall make every effort to provide each teacher ample office space and the equipment necessary, such as a desk, swivel chair, visitor's chair, file cabinet, bookcases, telephone, and computer for effective instructional preparation and function. The objective shall be a one-teacher office for each full-time teacher and opportunity for private conferences with students by part-time teachers.

 

          B.       The Board shall continue to provide a comfortable Faculty Lounge with facilities for eating, relaxing, and professional conferences and meetings.

 

          C.       The Board shall continue to provide at no charge a year-around parking place for each teacher.

 

          D.       Significant alterations affecting working conditions in any existing facilities shall be made only after prior consultation with the Union, with a good faith intent to reach agreement.

 

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XV.     PROFESSIONAL IMPROVEMENT

 

          A.       Travel and Conference Fund

 

The Board shall establish and maintain a travel and conference fund for full-time teachers in its operating budget equivalent to 0.64 of 1% (0.0064) of the current budgeted payroll for full-time teachers, said funds to be allocated and administered according to procedures already established at the College. The purpose of the provision of such funds is to allow the opportunity for attendance at conferences which shall serve to enhance the professional competencies of the teacher and/or the quality of instruction to College students.

 

Travel Conference funds shall also be made available to teachers pursuing archival research within their professional areas of responsibility. A teacher requesting such funding shall provide the College with a description of the proposed research and its application to the professional responsibilities of the teacher.

 

The College President shall bear the responsibility to assure that the intent and the prospective product of the conference to which the attendance is requested, or the archival research to be pursued, appears to serve the purposes of this provision.

 

When the travel or conference is initiated by administrative request for the purpose of serving administratively determined ends, the provision of funds for such travel shall not deprive other full-time teachers of the travel-conference group of the opportunity to participate in conferences of their own choosing.

With administrative approval, additional funds may be made available for invitational participation in programs which reflect credit upon both individual teachers and the College.

 

          B.       Professional Conference Days

 

A full-time teacher shall be allowed up to five (5) conference days for approved professional activity per contractual year. Professional conference days may be used for extra-contractual absences due to conference attendance in one-half (0.5) day units per extra-contractual class session. No more than two and one-half (2.5) conference days may be used during a Spring or Summer term. To qualify as conference days under this Article, prior approval by the Division Director is required. Unused conference days may not be carried forward to future years.

 

          C.       Tuition Reimbursement

 

The Board shall appropriate a sum equal to 0.2 of 1% (0.002) of the current budgeted payroll of full-time teachers to be used for course work which meets one of the following conditions:

 

                     1.       Course work or a program of study taken at an accredited institution of higher education which is judged by the teacher's department/ division to be pertinent to the subject matter and/or duties within the province of that department/division,

 

                     2.       Course work or a program of study taken by a teacher in a department/division whose enrollment history or projections are such that there is a prospect of a declaration of a surplus teacher(s) within a three-year period as agreed upon by the Union and administration. The course work or program of study pursued by such a teacher shall be eligible for reimbursement provided it is taken at an accredited institution of higher education and serves to provide the teacher with an additional area(s) of competence for application under the provisions of Article VI.I.2. and provided there exists the equivalent of at least two (2) full-time positions in part-time and/or extra-contractual time (day and/or evening) within the area(s) of competence being pursued by the teacher.

 

                    3.       Course work or a program of study taken by a teacher for the purpose of curriculum development which results in (1) the development and successful offering of a new course(s) or (2) extensive revision of an existing course, within the teacher’s department/division. Reimbursement from the tuition fund shall be made in accordance with this provision following the successful offering of the new or revised course(s).

 

Each teacher shall be eligible for grants from the tuition fund after successful completion of course work. At the end of the contractual year, tuition fund monies shall be distributed in equal allotments until each recipient's tuition and fees are fully paid or until the tuition fund is exhausted. Until such time as the parties agree to revision, the limits on the amount a full-time teacher may draw under this Article shall be not more than $5,000 per year, with a lifetime maximum of $20,000. It is understood that a teacher may apply for annual reimbursement for any particular year’s eligible tuition expenses until that year’s tuition expenses have been fully reimbursed or the lifetime maximum limit has been exhausted.

 

In order to receive reimbursement under this provision, the teacher must submit a transcript and paid receipt to the College Business Office on or before August 15 of the contractual year. Reimbursement shall be made within forty-five (45) days of the filing deadline.

 

          D.       Professional Improvement Fund

 

The Board shall appropriate in its operating budget 0.38 of 1% (0.0038) of the current budgeted payroll for full-time teachers for a professional improvement fund to be used to pay for the following professional expenses of full-time teachers: membership dues in professional organizations pertaining to the teacher's employment responsibilities; purchase of books, periodicals, computer software, computer hardware, and programmable alpha-numeric or graphing calculators pertaining to a teacher's employment responsibilities; continuing education unit (CEU) fees; and expenses for professional travel and conferences to supplement those funds provided by the contract's travel-conference fund.

 

A teacher shall be eligible for grants from this fund in amounts of up to 1.2% (0.012) of the current Master’s maximum salary per year. Grants shall be allocated to teachers according to College seniority on a rotating basis. The Eligibility List shall be revised annually by the Union on the basis of the following conditions. Teachers receiving grants of whatever sum in a particular year shall rotate to the bottom of the Eligibility List in such a manner as to maintain among themselves their relative rank. This rotation shall take effect on November 1 of each contractual year. Newly hired teachers shall be added to the bottom of the Eligibility List as of the date of hire.

 

In order to receive reimbursement under this provision, a teacher must submit all applicable paid receipts to the College Business Office on or before August 15 of the contractual year. Reimbursement shall be made within forty-five (45) days of the filing deadline.

 

Any monies remaining in a particular year's Tuition Fund, as of that year's initial reimbursement deadline, shall be made available for application under the Professional Improvement Fund. Should any Community Service and/or Travel and Conference funds remain unexpended in a particular year, that amount shall be credited for application under the Professional Improvement Fund.

 

Should Professional Improvement Fund monies remain unexpended, or should the Union and Administration project unexpended monies, in any particular year, the Union shall have the right to allocate such monies for other College professional development activities, after consultation with the Administration.

 

          E.       Community Service Fund

 

The Board shall appropriate a sum equal to .16% (.0016) of the current budgeted payroll of full-time teachers for a Community Service Fund. A teacher shall be eligible for a grant from this fund to cover membership dues, not to exceed $250 per year, in non-sectarian community service organizations based in the College District. In addition, a teacher shall be eligible for reimbursement of weekly meal expenses associated with meeting(s) of the community service organization, not to exceed $20 per week.

 

In order to receive reimbursement under this provision, a teacher must submit all applicable paid receipts to the College Business Office on or before August 15 of the contractual year. Reimbursement shall be made within forty-five (45) days of the filing date.

 

Should the monies available from this fund in any contractual year exceed those requested, the available funds shall be distributed to recipients in equal allocations until that year’s fund is exhausted.

 

          F.       HFCC Tuition

 

The practice of providing HFCC tuition waivers to full-time teachers, their spouses, and dependent children for credit courses shall continue. Tuition waivers shall not be provided for continuing education unit (CEU) and other non-credit courses offered through the College’s Center for Lifelong Learning (CL2) or for courses offered as part of the European Studies Program.

 

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XVI. PERFORMANCE EVALUATION

 

          A.       Faculty Evaluation

 

                     1.       A Student Evaluation of Faculty form shall be distributed to all students in each class, laboratory, and clinical assignment, during one of the final sessions of the Fall and Winter semesters. A Student Evaluation of Faculty form shall be distributed to all students interacting with non-teaching faculty during a continuous thirty (30) day period in both the Fall and Winter semesters.

 

                                a.       Student Evaluation of Faculty forms shall include College-wide questions on teacher performance and may include optional department/division generated questions. The College-wide portion of the form shall be developed by the Union’s Performance Review Committee.

 

                                b.       Student Evaluation of Faculty forms shall be printed, distributed, collected, and tabulated by the Federation, at Federation expense, and reviewed by a department/division Peer Mentor Standing Committee, consisting of teachers selected by members of the department/division. The Peer Mentor Committee may also assume the responsibilities of the Probationary Teacher Mentor Committee, at the option of the department/division. Upon request of the College Administration, members of a department/division Peer Mentor Committee may assume responsibility for annual evaluation of part-time faculty on a non-teaching, extra-contractual compensation basis.

 

An Associate Dean may, upon written request, review a probationary teacher’s Student Evaluation of Instruction forms, which will remain in the Union’s possession, for the purposes of performance evaluation. It is understood that the Student Evaluation of Instruction is but one of many components that may form the basis of evaluation of a probationary teacher and the granting of tenure.

 

                                c.       The Student Evaluation of Faculty forms shall be coded by the Union so as to provide anonymity to the teacher.

 

                                d.       The department/division Peer Mentor Committee shall review the Student Evaluation forms and identify those which merit possible peer intervention, and return them to the Union. Only when a Peer Mentor Committee has determined, over the course of two consecutive semesters, that the completed forms of a particular teacher merit possible intervention shall the Committee be informed of the identity of the teacher in question.

 

                                e.       The Federation shall provide each teacher with a tabulation of the results of the teacher’s Student Evaluation of Faculty forms, copies of student comments appearing on the forms, and concerns that may be noted by the Peer Mentor Committee.

 

                                f.        Should a department/division fail to establish a Peer Mentor Committee or should the committee fail to function in accordance with this Article, as determined by the Federation and College Administration, the College Administration shall annually observe and evaluate the performance of teachers in that department/division.

 

                     2.       A Faculty Self-evaluation form shall be completed biennially by each teacher.

 

                                a.       The Faculty Self-evaluation form shall be developed by the Union’s Performance Review Committee and contain questions paralleling in content those of the Student Evaluation of Faculty form, so as to permit a comparative assessment of student and teacher perceptions of performance.

 

                                b.       The Faculty Self-evaluation form shall also provide a listing of (1) service to the College, (2) activities promoting professional growth, and (3) service to the community.

 

                                c.       The department/division Peer Mentor Committee shall review Faculty Self-evaluation forms and identify those which merit possible peer intervention, and return them to the Union.

 

                                d.       The Federation shall return to each teacher that teacher’s Faculty Self-evaluation form with concerns as may be noted by the Peer Mentor Committee.

 

          B.       Peer Mentor Intervention

 

                     1.       Peer Mentor intervention shall be undertaken by a department/ division Peer Mentor Committee based upon performance concerns arising from (1) Student Evaluation of Faculty forms, (2) Faculty Self-evaluation forms, (3) concerns regarding student attrition rates as assessed by the Peer Mentor Committee, (4) concerns forwarded to the Peer Mentor Committee regarding student performance in subsequent courses by department/division colleagues, and (5) other concerns which may be forwarded to the Peer Mentor Committee by the College Administration and found by the Committee to have merit. Peer Mentor Committee intervention shall take place only after consultation with teacher; review, when possible, of the academic standing of respondents to the Student Evaluation of Faculty forms; and Committee observation of the teacher’s performance.

 

                     2.       Peer Intervention Process

 

                                a.       Peer intervention based upon Student Evaluation of Teacher forms shall be considered only after a Peer Mentor Committee has noted performance concerns for two consecutive semesters.

 

                                b.       Intervention strategies to improve teacher performance shall be developed by the Peer Mentor Committee, with the participation of the teacher, and shall include observations of performance by the Peer Mentor Committee.

 

                                c.       The Peer Mentor Committee shall develop methods of evaluating the success of intervention strategies.

 

                                d.       Should a teacher contend that the intervention of the Peer Mentor Committee is unwarranted or that its proposed strategies for improved performance are inappropriate, the teacher may appeal such matters to the teacher’s department/division.

 

                                e.       Should a teacher refuse to participate in the Peer Mentor Committee’s Intervention Program following an unsuccessful appeal to the teacher’s department/division, the teacher’s name shall be forwarded to the College Administration, with a recommendation that the Administration observe and evaluate the teacher’s performance.

 

                                f.        Should the Peer Mentor Committee determine the teacher’s performance remains unsatisfactory following the teacher’s participation in the Intervention Program, the teacher’s name shall be forwarded to the College Administration, with a recommendation that the Administration observe and evaluate the teacher’s performance. The Peer Mentor Committee’s determination of unsatisfactory performance may be appealed to the teacher’s department/division.

 

                                g.       A member of a Peer Mentor Committee shall not participate in the review of that member’s own evaluation forms once the identity of the teacher is made known to the Committee. A teacher shall not serve on a Peer Mentor Committee while the subject of Peer Mentor intervention.

 

          C.       Peer Mentor Confidentiality

 

                     1.       Completed Student Evaluation of Faculty forms and summaries of data therefrom shall be the sole property of the Union. The Union shall share Student Evaluation of Faculty forms with the Administration upon written request, with the understanding that such evaluations and summaries shall not be made public by the Administration except as may occur within the confines of due process proceedings.

                     2.       The findings of Peer Mentor Committees shall be the sole property of the Union, shall remain confidential, and shall be shared with the Administration only following written permission of the teacher.

 

                     3.       It is understood that a teacher whose name has been submitted to the College Administration for administrative monitoring and evaluation retains rights to due process under the tenure provisions of the contract.

 

                        4.         Members of Peer Mentor Committees may participate in evaluation of a teacher’s performance undertaken by the College Administration only following written permission of the teacher.

                     5.       Members of Peer Mentor Committees may participate in due process proceedings only following written permission of the teacher.

 

                     6.       The Administration shall not cite a Peer Mentor Committee’s referral of a teacher to its attention in any stage of a teacher’s due process proceedings.

 

          D.       Termination of Program

 

Either party may elect to terminate the Annual Performance Evaluation Program cited above by providing thirty (30) days written notice to the other party of its intent to do so.

 

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XVII.   EXTENDED LEAVES OF ABSENCE

 

Requests for leaves of absence not specified as Professional or Personal Leaves and not provided for under policy shall not be granted except when circumstances arise which the Board of Trustees, on recommendation of the President, believes warrant granting of a Personal Leave for confidential reasons or reasons not specified in the remainder of this section of the contract. Except as specifically provided in this Article, no payments of any kind shall be made to or for a teacher on any extended leave of absence.

 

          A.       Professional Leaves

 

                     1.       General Provisions

 

                                a.       A teacher returning from a Professional Leave shall have the right to return to the division or department which the teacher left. In the event of the elimination of the position during the interim, College seniority shall be the determining factor in filling assignments for which the teacher is qualified.

 

                                 b.       Upon return from Professional Leave a teacher shall receive any regularly scheduled salary increases granted, including increments, and shall also be subject to any general salary adjustment which may be effected.

 

                                c.       A request for an extension of a leave of absence must be made in writing and submitted at least sixty (60) days before the end of the semester in which the leave is to terminate. Failure to request an extension shall constitute termination of leave. Failure to return to employment upon termination of leave shall constitute termination of employment.

 

                                d.       Benefits or rights accumulated by a teacher prior to the effective date of the leave of absence shall be carried forward and credited to the teacher upon return.

 

                                e.       Teachers who have been on a Professional Leave shall not be eligible for another Professional Leave for a three (3) year period after their return.

 

                                f.        Applications for Professional Leave shall be filed with the Human Resources Office not later than February 1 or October 1 preceding the semester that the leave shall become effective.

 

                                g.       Professional Leaves shall be limited to:

 

                                           (1)      Advanced Study and Work Experience Leaves,

                                           (2)      Sabbatical Leave,

                                           (3)      Leave for Exchange Teaching and/or Assignment,

                                           (4)      Leave for Foreign Country or Military School Teaching and/or Assignment,

                                           (5)      Leave for a Graduate Fellowship Program.

 

                     2.       Advanced Study and Work Experience Leaves

 

Any tenured teacher at the College may be granted a leave of absence without pay for advanced study for a period not to exceed one (1) year, upon recommendation of the President. Any extension of such leave shall be made only by special action of the Board upon recommendation of the President.

 

Any tenured teacher at the College may, upon recommendation of the President, be granted a leave of absence without pay for work outside the College, the experience of which shall enhance the teacher's capacity to instruct in the field of current assignment. The leave shall be for a period not to exceed one (1) year.

 

The Work Experience Leave would also apply in any instance of acceptance of a one-year appointment as an administrator at the College, subject to all the provisions and/or limits involved above.

The granting of such a leave shall be dependent on prior written assurance that the teacher shall return to teacher duties at the College for at least one (1) year.

 

Not more than 1% (0.01) of the teachers at the College shall be granted such leave in any one year.

 

                     3.       Sabbatical Leave

 

                                a.       Sabbatical Leave shall be interpreted as leave from duty granted to any tenured teacher after seven (7) years of active service for the purpose of improving instruction. Sabbatical Leave may be granted for one (1) year or for one (1) semester as may be recommended by the President and approved by the Board.

 

                                b.       Leave granted for professional study, work on publications, travel, or travel combined with study, or any other reason which, in the opinion of the President, shall improve instruction at the College or shall improve the efficiency of the teacher shall be considered consistent with the purposes of Sabbatical Leave.

 

                                c.       Not more than 2% (0.02) of the teachers at the College shall be granted Sabbatical Leave in any one (1) year.

 

Should the number of available Sabbatical Leaves in a particular year not be exhausted as a result of the approved requests which have met the February 1 deadline, requests for the remaining Sabbatical Leaves shall be accepted up to October 1.

 

                                d.       Remuneration to teachers granted Sabbatical Leave shall be at the rate of one-half (0.5) the salary for two (2) semesters or full salary for one (1) semester to be received at the time the leave begins, and such remuneration not to extend beyond two (2) semesters. It is understood that this provision is subject to the letter of agreement regarding transfer of 5% (0.05) of extra-contractual monies. The Board shall continue to pay such insurance premiums for a teacher on Sabbatical Leave as may be in effect for teachers not on such leave.

 

                                e.       All applications for Sabbatical Leave shall be submitted to the Human Resources Office no later than February 1 of the year preceding the contractual year in which the leave is to take effect. A Sabbatical Review Committee, consisting of three administrators appointed by the College President and three teachers appointed by the Union, shall consider the applications. It is understood that a tie vote in Sabbatical Review Committee deliberations shall be considered a neutral vote and shall be forwarded to the President for further consideration.

 

                                f.        In determining recommendations on requests for Sabbatical Leaves, the Sabbatical Review Committee and the College President shall base their recommendations that a sabbatical be approved or disapproved solely on the following criteria:

 

                                           (1)      The extent of the applicant's professional study, growth, contribution, and successful service during the preceding seven years,

 

                                           (2)      The extent to which plans submitted for use of time while on leave are definite and educationally constructive,

 

                                           (3)      The length of uninterrupted service at the College,

 

                                           (4)      Reasonable and equitable distribution of applicants among the divisions and departments of the College.

 

Course work and dissertation research in a doctoral program relevant to a teacher’s employment responsibilities which have been approved by a regionally accredited university shall be considered consistent with the purposes of Sabbatical Leave by the Sabbatical Review Committee and the College President.

 

                                g.       A teacher granted Sabbatical Leave shall not engage in remunerative work while on leave without the approval of the President. Scholarships and fellowships in approved colleges and universities or grants which do not interfere with the program of professional improvement are excepted.

 

                                h.       Upon returning from Sabbatical Leave, a teacher shall provide the Human Resources Office with a written report detailing what was accomplished.

 

                                i.        A teacher who does not return to the College for a period of at least two (2) years after completing Sabbatical Leave shall reimburse the Board for all monies received from it during such leave.

 

                     4.       Sabbatical Leave for Retraining

 

Any teacher who has been declared surplus, or whom the Administration and Union agree is likely to be declared surplus within a three (3) year period, shall be eligible for and receive priority for Sabbatical Leave.

 

Such Sabbatical Leave shall be used by the teacher to pursue course work or a program of study, at an accredited institution of higher education, which will provide the teacher with an additional area(s) of competence, for application under the provisions of Article VI.I.2., in such departments/divisions of the College where there exists the equivalent of at least two (2) full-time positions in part-time and/or extra-contractual time, day and/or evening. Discontinuance of such course work or program of study shall terminate compensation for such a Sabbatical Leave, and the teacher shall not be eligible to return to a teaching position at the College until the next regular semester.

 

Remuneration to a teacher granted Sabbatical Leave for Retraining may be granted at full salary for up to two semesters, if two semesters at full salary are necessary to complete retraining. The Board shall continue to pay such insurance premiums for a teacher on Sabbatical Leave for Retraining as may be in effect for teachers not on such leave.

 

In the event the demand for Sabbatical Leave for Retraining exceeds the number of sabbaticals afforded under this provision, such leaves shall be granted on the basis of College seniority.

 

A teacher granted Sabbatical Leave for Retraining shall not engage in remunerative work while on leave without the approval of the President. Scholarships and fellowships in approved colleges and universities or grants which do not interfere with the program of professional improvement are excepted.

 

                     5.       Leave for Exchange Teaching and/or Assignment

 

                                a.       A tenured teacher may be granted a one-year Leave for Exchange Teaching and/or Assignment.

 

                                b.       Any request for such leave shall be judged by the President upon its merits, namely what benefits can be derived from such an assignment.

 

                                c.       Not more than 1% (0.01) of the teachers at the College shall be granted such leave in any one (1) year.

 

                                d.       The plans as formulated by the Office of the United States Commissioner of Education, in which each exchange teacher remains under the control of the home district in matters of pay, tenure, and other related considerations, shall be in full effect.

 

                                e.       Opportunities for Exchange Teaching and/or Assignment positions shall be advertised.


                     6.       Leave for Foreign Country or Military School Teaching and/or Assignment

 

                                a.       A tenured teacher may be granted Leave for Foreign Country or Military School Teaching and/or Assignment for a period of one (1) year upon recommendation of the President. Such leave is subject to renewal by the Board for one (1) additional year.

 

                                b.       Any request for such leave shall be judged by the President upon its merits, namely what benefits can be derived from such an assignment.

 

                                c.       Not more than 1% (0.01) of teachers at the College shall be granted such leave in any one (1) year.

 

                     7.       Leave for a Graduate Fellowship Program

 

                                a.       A Graduate Fellowship Leave may be granted a tenured teacher for a period of three (3) years or any part thereof for successful completion of a graduate program in pursuance of a master's degree or a doctor's degree upon the recommendation of the President and approval of the Board.

 

                                b.       Such conditions as apply to Sabbatical Leave shall apply to this leave, except that this leave may be extended by three (3) years or a part thereof.

 

          B.       Personal Leaves

 

                     1.       General Provisions

 

                                a.       A teacher returning from Personal Leave shall have the right to return to the division or department which the teacher left. In the event of the elimination of the position during the interim, College seniority shall be the determining factor in filling assignments for which the teacher is qualified.

 

                                b.       Upon return from a Personal Leave, a teacher shall receive any regularly scheduled salary increase granted, excluding increments (except in the case of Military and Peace Corps Leaves for which service increments shall be awarded), and shall be subject to any general salary adjustments which may be effected.

                                c.       Benefits or rights accumulated by a teacher prior to the effective date of the leave of absence shall be carried forward and credited to the teacher upon return.


                                d.       Personal Leaves shall be limited to:

 

                                           (1)      Extended Health Leave Due to Physical or Mental Causes,

                                           (2)      Leave to Care for Ill Members of Immediate Family,

                                           (3)      Child Care Leave, Involuntary Leave,

                                           (4)      Involuntary Leave

                                           (5)      Military and Peace Corps Leaves,

                                           (6)      Leave for Public Service,

                                           (7)      Leave for National, State, or Local Union Duty.

                                           

                                e.       A probationary teacher may be offered Personal Leave at the discretion of the College President and upon approval of the Board of Trustees, provided that time on such leave shall not be counted toward the fulfillment of the teacher’s probationary period.

 

                     2.       Extended Health Leave Due to Physical or Mental Causes

 

                                a.       Extended Health Leave Due to Physical or Mental Causes not falling within Sick Leave Policy may be granted to a tenured teacher upon request by the teacher, recommendation by the President, and approval by the Board. Such request shall be in writing and shall be accompanied by a written diagnosis from the attending physician. Such extended Health Leave may be considered for renewal annually.

 

                                b.       A request for an extension of leave or notice of intention to return must be made in writing and submitted at least sixty (60) days before the end of the semester in which the leave is to terminate. Failure to return after termination date of the leave shall constitute termination of employment, subject to the tenure provisions of the contract. Notice of intention to return must be accompanied by a physician's statement attesting the teacher's fitness.

 

                     3.       Leave for Care of Ill Members of Immediate Family

 

                                a.       Leave may be granted to a tenured teacher to care for ill members of the immediate family upon request by the teacher, recommendation by the President, and approval by the Board. Sufficient proof must be submitted to the President that leave or extended leave is necessary before the request shall be granted.

 

                                b.       The immediate family shall be construed to include husband, wife, children, father, mother, brother, sister, grandparents, aunt, uncle, close relative-in-law, or close associate.

 

                                c.       A request for an extension of leave or notice of intention to return must be made in writing and submitted at least sixty (60) days before the end of the semester in which the leave is to terminate. Failure to return after termination date of the leave shall constitute termination of employment, subject to the tenure provisions of the contract.

 

                     4.       Child Care Leave

 

                                a.       A tenured teacher who becomes legally responsible for a child, gives birth to a child, adopts a child, or acquires a child by marriage is eligible for Child Care Leave.

 

                                b.       Request for a Child Care Leave shall be submitted in writing to the President's Office sixty (60) days prior to the date on which the leave is to begin, unless circumstances clearly preclude opportunity for such notice.

 

                                c.       Upon initial request for Child Care Leave, the teacher shall designate the duration of the leave, which may be for a part of a semester, an entire semester, or a year. Such initial leave shall be subject to not more than six (6) consecutive semester or three (3) consecutive one-year renewals.

 

                                d.       Request for renewal must be made to the Human Resources Office, in writing, at least sixty (60) days before the end of the semester with which the leave shall expire.

 

                                e.       Return from Child Care Leave, other leave provisions of the contract notwithstanding, shall be to a comparable position at the College, not later than three (3) years from the end of the College year in which or with which leave began. Failure to request renewal and/or failure to notify the President's Office in writing of intent to return at least sixty (60) days prior to the end of the final semester of leave, in response to notification by the Office of Human Resources, shall constitute termination of employment.

 

                                f.        A return from Child Care Leave prior to the expiration of the leave shall occur only with the consent of the teacher and the approval of the President.

 

                    5.       Involuntary Leave

 

                               a.       A teacher may be required to take Involuntary Leave when it is apparent to the President that the teacher is no longer able physically and/or mentally to discharge duties in a competent manner.

 

                                b.       The President may require in writing that any teacher take a physical or mental examination at Board expense, the results of which may be used for determining Involuntary Leave.

 

                                c.       When the examination is received, reviewed, and evaluated, the teacher may submit to an examination by a physician of the teacher's choosing at the teacher's expense. If the two reports are in conflict, a third physician shall be mutually agreed upon and the cost of this third examination shall be shared by the teacher and the College.

 

It is understood that the costs assumed by the parties are those which remain unpaid by insurance coverages.

 

                                d.       A teacher requesting return from Involuntary Leave may return only upon the recommendation of the President and by approval of the Board, subject to the tenure provision of the contract. The request to return must be made at least sixty (60) days prior to the return date.

 

                     6.       Military and Peace Corps Leaves

 

                                a.       Any teacher at the College who may enlist or be conscripted into the Defense Forces of the United States for military service or training or into the Peace Corps shall be reinstated as a full-time teacher with full credit including annual increments under the salary schedule. Reinstatement shall be contingent upon written request, supported by a physician's statement, that said applicant is fully qualified to perform the duties of the position.

 

                                b.       Request to return from leave must be made at least sixty (60) days prior to the beginning of the semester in which the teacher requests to return.

 

                                c.       Increment credit for Military Leave shall not extend beyond the time of original enlistment or beyond the time necessary to discharge the teacher's military obligation.

 

                                d.       When a teacher must take temporary Military Leave (not to exceed fourteen (14) work days) during the College year, the Board shall compensate the teacher involved for the difference between the teaching pay for the period of service and the military pay for the weekdays of military service during the College year, and shall provide a substitute for the position.


 

                     7.       Leave for Public Service

 

A tenured teacher may be granted Leave for Public Service on an annual basis if elected or appointed to public office, subject to sufficient notice to make adequate provision for replacement. Such leave may be extended beyond a second year upon recommendation of the President and approval of the Board. Request for extension must be made in writing at least sixty (60) days before the expiration date of the original leave.

 

                    8.       Leave for National, State, or Local Union Duty

 

                                a.       A teacher may be granted Leave for National or State Union Duty for one (1) year, subject to annual renewal at the discretion of the Board. Request for renewal must be made in writing at least sixty (60) days before the expiration of any year of leave.

 

                                b.       A teacher elected to office in Local 1650 shall, upon written request, be granted leave of absence, full or part-time, for so long as the teacher holds such office. Request for such leave must be made in writing at least sixty (60) days before the beginning of the semester in which the leave is to become effective, and notification that the teacher intends to terminate such leave must be given in writing at least sixty (60) days before the beginning of the semester in which the termination of leave is to become effective.


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XVIII.  PERSONAL BUSINESS

 

Each full-time teacher shall be allowed a total number of Personal Business days equivalent to one-half (.5) day per contractual month. Any unused Personal Business days shall be added to a teacher's accumulated sick days.

 

          A.       Personal Business days are provided for personal business of a non-profit nature that cannot be taken care of outside of College hours. When a teacher makes use of a Personal Business day, it is assumed by the Administration and the teacher that the activity in which the teacher is engaged on that day is more important than the teacher's teaching responsibility on that particular day. Other than in an emergency situation, a teacher shall notify the administration in advance of the use of a personal business day.

 

          B.       Personal Business days shall be taken in one (1) or one-half (0.5) day units.

 

Teaching Faculty: One-half (0.5) day units shall be used on days when at least one (1) class, and/or one-half (0.5) the scheduled classes for that day, whichever is greater, is met. If the number of classes scheduled for a given day is an uneven number, the one-half (0.5) of the number of scheduled classes shall be rounded off downward.

 

Librarians, Counselors, and Placement Officers: One-half (0.5) day units shall be used on days when a minimum of three (3) hours of scheduled duties is met. Full-day computation shall be used when less than three (3) hours of scheduled duties are met.

 

          C.       In the event a teacher is confronted with a death in the family, with a required court appearance pursuant to subpoena, with the need to care for a member of the family, or with catastrophic events resulting in imminent danger to family or to non-business property, and has already expended all Personal Business days, the Human Resources Office may grant additional days, not to exceed five (5).

 

          D.       A full-time teacher employed extra-contractually during the normal College year may use up to two (2) of the unused Personal Business days each year for extra-contractual assignments. Such a Personal Business day shall be granted in one-half (0.5) day units per extra-contractual class session.

 

Such a Personal Business day shall be granted in one-half (0.5) day units per extra-contractual assignment of three (3) hours or less for teachers whose work is prescribed on other than a class contact hour basis.

 

A full-time teacher employed extra-contractually in a Spring or Summer Session program may use up to two (2) of the unused Personal Business days of the immediately previous College year for personal business.

 

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XIX.    JURY DUTY

 

A leave of absence shall be granted a teacher called for jury duty service, provided the Board shall only be obligated to pay an amount equal to the difference between the teacher's salary as computed on a daily basis and the daily jury duty fee paid.

 

The Board shall pay a teacher for an extra-contractual assignment(s) scheduled within the hours of 7:00 a.m. and 6:00 p.m. missed because of jury duty and for an extra-contractual assignment(s) at other times if the jury is sequestered. Such payment shall be the difference between the daily salary rate plus the daily extra-contractual compensation and the daily jury duty fee paid.

 

The teacher shall, upon written request of the Administration, seek to be excused from jury service.

 

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XX.     SICK LEAVE

 

          A.       Each teacher shall be credited with one (1) day of Sick Leave for each month of employment at the beginning of each fiscal year. The days so credited shall be non-cumulative for those teachers who have or attain one hundred twenty-five (125) accumulated Sick Leave days. All Sick Leave in excess of that credited in this paragraph shall be charged against the balance accumulated up to and including June 30, 1966.

 

Credited Sick Leave days may be used prior to being earned; however, any unearned sick days that have been so used shall be deducted from the final pay in case of termination of employment.

 

The Sick Leave bank of each teacher shall be frozen at the balance accumulated up to and including June 30, 1966. Teachers coming to the College from within the Dearborn School District shall be given credit for any unused Sick Leave previously accumulated in the District.

 

When all accumulated Sick Leave has been exhausted, the teacher shall be entitled, when applicable, to Weekly Accident and Sickness Benefits and, when applicable, Long Term Disability Benefits as provided in this Agreement.

 

          B.       Sick Leave shall be granted for purposes of personal illness only. A teacher who takes an extended Sick Leave of more than five (5) consecutive working days shall have and, upon request, present to the immediate supervisor, before returning to work, a certification from a physician authorizing return to work.

 

          C.       Sick Leave days shall be taken in one (1) or one-half (0.5) day units.

 

Teaching Faculty: One-half (0.5) day units shall be used on days when at least one (1) class, and/or one-half (0.5) the scheduled classes for that day, whichever is greater, is met. If the number of classes scheduled for a given day is an uneven number, the one-half (0.5) of the number of scheduled classes shall be rounded off downward.

 

Librarians, Counselors and Placement Officers: One-half (0.5) day units shall be used on days when a minimum of three (3) hours of scheduled duties is met. Full-day computation shall be used when less than three (3) hours of scheduled duties are met.

 

          D.       A full-time teacher employed extra-contractually during the College year may use contractual sick days for absences from extra-contractual assignments due to illness. With the exception of Spring or Summer session absences, no more than five (5) contractual sick days may be used in any College year for extra-contractual absences which do not occur on days of contractual absences.

 

Contractual sick days used for extra-contractual absences during a semester shall be granted in one-half (0.5) day units per extra-contractual class session. For teachers whose work is prescribed on other than a class contact hour basis, contractual sick days used for extra-contractual absences shall be granted in one-half (0.5) day units per extra-contractual assignment of three (3) hours or less. Contractual sick days used for extra-contractual absences during a Spring or Summer session shall be granted in one (1) day units for each day of absence.

 

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XXI.        INSURANCE BENEFITS

 

          A.       Workers' Compensation

 

The Board shall carry Workers' Compensation Insurance so that a teacher disabled from an injury or disease due to employment may receive medical attention and weekly benefits while losing pay. Such insurance shall cover all benefits required by Michigan's Workers' Compensation Act.

 

          B.       Weekly Accident/Sickness and Long Term Disability Benefits

 

Any full-time teacher who has used all accumulated Sick Leave days shall receive Weekly Accident and Sick Leave benefits and, when applicable, Long Term Disability benefits equivalent to those currently provided to a maximum of 70% (0.70) of the teacher's contractual and extra-contractual salary. The master policies shall include the partial disability and cost-of-living riders.

 

          C.       Group Term Life Insurance

 

                     1.       The Board shall provide group term life insurance for each full-time teacher in the amount of twice the teacher's annual contractual salary (2 x salary) to a maximum of $100,000. The teacher shall enroll and designate a beneficiary(ies) on the proper application form.

 

                     2.       Coverage for new teachers shall become effective the first of the month following the beginning date of employment, provided the necessary enrollment forms have been filed with the Office of Human Resources.

 

                     3.       The Board agrees to provide payroll deduction for a teacher wishing to purchase additional life insurance at group rates through the group carrier, subject to the approval of the carrier.

 

                     4.       Teachers terminated or no longer receiving payroll checks, except for teacher(s) receiving weekly Accident/Sickness or Long Term Disability Benefits under the College’s group policy, have the option of applying for coverage under the policy on a direct payment basis under the rules established by the carrier.

 

 

          D.       Accidental Death or Dismemberment Benefits

 

The Board shall pay full premium for accidental death or dismemberment benefits equivalent to the following:

 

                                   Life. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Full benefit amount,

                                    Both hands. . . . . . . . . . . . . . . . . . . . . . .Full benefit amount,

                                    Both feet. . . . . . . . . . . . . . . . . . . . . . . . Full benefit amount,

                                    Sight of both eyes. . . . . . . . . . . . . . . . . Full benefit amount,

                                    On hand and one foot. . . . . . . . . . . . . . Full benefit amount,

                                    One hand and sight of one eye. . . . . . .Full benefit amount,

                                    One foot and sight of one eye. . . . . . . . Full benefit amount,

                                    Speech and hearing. . . . . . . . . . . . . . . Full benefit amount,

                                    One hand. . . . . . . . . . . . . . . . . . . . . . . .One half the benefit amount,

                                    One Foot. . . . . . . . . . . . . . . . . . . . . . . . One half the benefit amount,

                                    Sight of one eye. . . . . . . . . . . . . . . . . . .One half the benefit amount,

                                    Speech. . . . . . . . . . . . . . . . . . . . . . . . . .One half the benefit amount,

                                    Hearing. . . . . . . . . . . . . . . . . . . . . . . . . One half the benefit amount.

 

               E.       Hospital-Surgical-Medical Benefits — Tenured Teachers

 

                         1.       The Board shall provide coverage for hospital-surgical-medical benefits. Coverage, whosoever the carrier, shall be the hospital expense benefits provided for semi-private accommodations under the Comprehensive Hospital Care Certificate of Michigan Hospital Service with MVF #2 and Master Medical, including Option II, and the surgical-medical expense benefits provided under the Employment Group Benefits Certificate of Michigan Medical Service with Master Medical, and the following riders:

 

                                    AS1           CRNA          HCB1              OPPC     RAPS

                     ASFP        DC             HMN .PCES-1     RDC

                  BMT          D45NM        ML PCES-2     RM

                             CC             ECIP           MMC2 .PPNVI             RPS

                                  CLC           EMBT          MMCBL2 .Pre-100       SAT2

                           CNM          ESRD          MMCPD PSG           SOT

                            CNP          FAERC        MMCZTMJ .PTB       TSA

               COB3        GCO            NC PTFS       VST

                              COMP       GLE2           OPC PTS                   XTMJ

 

Effective with the 2007-2008 contractual year, Master Medical deductibles shall be $250 for individual coverage and $500 for family coverage.

 

Effective with the 2007-2008 contractual year and thereafter, the Board shall provide prescription drug coverage with a $10 co-pay for generic and a $20 co-pay for preferred brand name/formulary and other brand name prescriptions to be applied to all health insurance programs provided under this contract. Coverage shall include a generic equivalent provision and birth control coverage.

 

                         2.       The Board shall make monthly contribution for the following month's coverage on behalf of each subscribing full-time teacher, toward the cost of the hospital-surgical-medical coverages described above equal to the full subscription rate or premium charge for the classification or coverage to which the teacher shall have subscribed according to marital status and the number of dependents, provided that such coverage is not in excess of the coverage described in the next paragraph.

 

                         3.       The coverage for which the Board shall contribute under the foregoing may be, at the teacher's option, protection for (1) self only or (2) self and family (including only spouse and eligible dependents). Coverage shall only be provided if proper enrollment forms and/or contract revision forms have been properly filed with the Office of Human Resources.

 

All benefits and eligibility for benefits shall be subject to the provisions of the insurance policy coverage cited in this Article or an approved HMO or PPO equivalent.

 

                         4.       For those teachers who do not desire the above coverage, the Board shall make monthly contributions to an approved Health Maintenance Organization (HMO) or Preferred Provider Option (PPO), on behalf of subscribing teachers, towards the cost of such coverage on the same basis and subject to the same limitations as are contained above. This coverage shall be the HMO or PPO equivalent of the above benefits insofar as is possible.

 

                         5.       Teachers may enroll under the "new hire" clause, within thirty (30) days of the date of original employment. Subsequent opportunities to enroll in either of the above plans shall be provided only during enrollment periods specified by the carrier.

 

                         6.       Teachers on approved leaves of absence, as provided in this contract, may retain coverage for group hospital-medical-surgical, dental, optical, hearing, and term life insurance and accidental death or dismemberment benefits at group rates provided written approval is obtained by the administration from the insurer's underwriting department. The teacher must make the premium(s) payment to the Board in advance by the first of each month, or the teacher shall forfeit all rights under this provision.

 

                         7.       The parties hereby agree that the option of traditional BC-BS coverage shall not be available to those teachers hired effective August 28, 2007 and thereafter.

 

                   F.     Hospital-Surgical-Medical Benefits — Probationary Teachers

 

                           1.      The Board shall make monthly contributions to an approved Health Maintenance Organization (HMO) or Preferred Provider Option (PPO) on behalf of a subscribing probationary teacher.

 

                           2.      The HMO or PPO coverage selected, for which the Board shall contribute, shall, at the probationary teacher’s option, be coverage for (1) self only or (2) self and family (including only spouse and eligible dependents). Coverage shall only be provided if proper enrollment forms and/or revision forms have been properly filed with the Office of Human Resources.

 

                           3.      Upon completion of probation, a teacher hired prior to August 28, 2007 may continue HMO or PPO coverage or may enroll in hospital-surgical-medical coverage and prescription drug coverage under the contract’s traditional insurance programs.

 

               G.       Waiver of Hospital-Surgical-Medical Benefits

 

A teacher who opts not to be covered under the Board’s hospital-medical-surgical coverage shall receive compensation as listed below, subject to the following conditions:

 

                         1.       The teacher must supply to the Office of Human Resources written proof of medical coverage with another employer/carrier by September 15 of each contractual year.

 

                         2.       $1,500 in lieu of full family coverage shall be paid to the teacher on June 30 of each contractual year.

 

                         3.       $1,125 in lieu of one (1) or two (2) person coverage shall be paid to the teacher on June 30 of each contractual year.

 

                         4.       This compensation shall not be provided when both husband and wife are employees of the Dearborn Public Schools/ Henry Ford Community College, nor shall dual coverage be provided in these instances.

                         

               H.       Dental, Optical, Hearing, Long-Term Care Insurances

 

The details and implementation of dental, optical, hearing, and long-term care insurances for full-time teachers shall be planned by a committee representative of the Union and College administration. The contribution of the Board of Trustees for dental, optical, hearing, and long-term care insurance programs shall be limited to 2.5% (0.025) of current contractual salary payroll of full-time teachers at the College.


 

               I.        Flexible Spending Account

 

Teachers shall have the option of participating in a Flexible Spending Account (FSA) through payroll deduction. A teacher must enroll in the FSA program by December 1 of the year preceding the calendar year in which the teacher intends to participate. Application forms are available through the Controller's Office.

 

               J.       Part-time Bargaining Unit Members

 

No part-time member of the Bargaining Unit shall see benefits, which may be provided to other part-time teachers by the College, decrease as a result of acquiring membership in the HFCC-FT Bargaining Unit.


 

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XXII.       COMPENSATION PRINCIPLES

 

               A.         Salary of full-time members of the Bargaining Unit shall be determined by the terms of this Agreement with respect to salary schedule, creditable experience, and credentials. The salaries of part-time members of the Bargaining Unit shall be the extra-contractual rate paid full-time teachers for like assignments for the appropriate step and lane on the regular teacher salary schedule, and such members shall advance on the salary schedule in the same way as full-time members of the Bargaining Unit.

 

               B.         Teachers reporting on the first day of the Fall semester shall receive their August paychecks on the following Friday. September through April checks shall be paid on the fifteenth (15th) of each month. May paychecks shall be paid on the last Monday of the Winter semester.

 

When a scheduled payday falls within the first three (3) days of a College vacation period or on a weekend, paychecks shall be available on the last teaching day preceding the College vacation period or weekend. During vacation periods, paychecks shall be available at the Business Office on the scheduled payroll dates.

 

Effective no later than the Fall 2008 semester, a teacher may elect to receive ten month contractual pay over a twelve month period, with additional pays on June15 and July 15. Once a twelve month option is selected for a contractual year, the teacher may not change the option selected.

 

               C.         For the purpose of computation of a day’s pay, 0.053 of a month’s pay shall be used.

 

               D.        The Board shall pay on a current basis those monies earned for extra-pay for extra duties which are year-long in nature. Those responsibilities which are not year-long shall be paid for at the end of the activity involved.

 

               E.         The salaries of all teachers employed for a seven and one-half (7.5) week Spring or Summer Session shall be paid in two (2) installments on the fourth and eighth Thursday, respectively.

 

               F.         The Board shall make all payroll deductions as required by law and such other deductions as may be agreed to by the parties.

 

               G.       Salary errors shall be adjusted upon detection and made retroactive within legal limits.

 

               H.         Teachers receiving advanced degrees shall be placed on the new lane of the salary schedule at the beginning of the semester which follows written notification to the Office of Human Resources of the accomplishment of the degree. It is expected that official verification of the awarding of the degree shall be forwarded to the Office of Human Resources within the first semester during which payment for the degree is provided.

 

               I.          A teacher in the ASSET or CISCO programs shall be advanced one lane on the salary schedule for every 940 hours of certification coursework successfully completed, provided such coursework is a requirement for teaching in the assigned discipline or speciality. Such lane advancement shall be made at the beginning of the semester which follows the submission of a written request for lane advancement and documentation of qualifying hours from the certifying agency to the Human Resource Office.

 

               J.         Salaries for part-time teachers not represented by the Bargaining Unit shall be set at neither a rate so low as to constitute employment competition nor so high as to constitute discrimination against teachers in the Bargaining Unit.

 

               K.         Any teacher assigned, as part of the teacher's regular load, to teach classes on two (2) or more campuses in a single day or on one (1) campus and at another location off-campus, shall be compensated for round-trip travel between said campuses or campus and location at a rate of 48.5 cents/mile or the Internal Revenue Service (IRS) allowable rate as of the preceding June 1, whichever is greater. Mileage is to be determined by maps or mileage charts or, if such should not provide the necessary mileage, by actual odometer reading.

 

 

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XXIII.      LONGEVITY

 

Longevity compensation shall be calculated as follows: beginning with the tenth (10) year of service and capped at forty (40) years of service, teachers shall be paid, as part of their contractual salary, 0.9945 of a day's pay, based upon the current Master's maximum salary, for each year of full-time instructional service in the Dearborn system.

 

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XXIV.     PENSION SUPPLEMENT

 

The Board shall annually budget, for each full-time teacher who is on the August contractual payroll, monies for the purpose of supplementing the teacher's pension through the purchase of a tax sheltered annuity (TSA) or the purchase of service time in the MPSERS at the teacher's option. For teachers with nine (9) or fewer years in the Dearborn system, this pension supplement shall amount to $1,650 annually. Beginning with the teacher's tenth (10) year of service and capped at forty (40) years of service, the pension supplement shall amount to $1,650 plus 0.1985% (.001985) of the current Master's Maximum salary for each year of full-time instructional service in the Dearborn system.

 

The teacher shall either authorize equal monthly TSA payroll deductions by August 1, or shall present the Office of Human Resources with a receipt from MPSERS reflecting the purchase of service time by May 31. All withholding taxes that may apply to MPSERS reimbursement shall be paid by the teacher. It is understood that a teacher purchasing service time in MPSERS may apply for annual reimbursement until the entire cost of the purchased service time has been reimbursed. The TSA benefit shall be prorated for a teacher hired at a time other than the beginning of the Fall semester.

 

A teacher who has not previously authorized a TSA payroll deduction equal to or in excess of the teacher’s TSA benefit under this provision by August 1 shall forfeit the TSA benefit for the upcoming contractual year.

 

A newly hired teacher who has not authorized a TSA payroll deduction equal to or in excess of the teacher’s TSA benefit under this provision by October 1, if hired effective with the Fall semester, or March 1, if hired effective with a Winter semester, shall forfeit the TSA benefit for that contractual year.


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XXV. EXTRA-CONTRACTUAL TEACHING

 

                A.     The compensation for the responsibilities of an extra-contractual teaching assignment shall be determined according to the following formula:

 

                         1.       For a Fall Semester, Winter Semester, or Spring or Summer Session teaching assignment: the total number of contact hours per semester x 1/2250 of the teacher's 10-month contractual salary, including longevity compensation, plus an equal amount of compensation for the responsibilities of class preparation and student evaluation, for the first twenty-four (24) regular semester contact hours or their equivalent in a College year. The rate for all contact hours or their equivalent in excess of twenty-four (24) regular semester contractual hours shall be 1/4500.

 

For teachers on ten-month contracts, the Fall Semester extra-contractual shall be paid in four (4) equal installments and the Winter semester extra-contractual in four (4) equal installments. For teachers on twelve-month contracts, the first semester extra-contractual shall be paid in four (4) equal installments, the second semester extra-contractual in four (4) equal installments, and the third semester extra-contractual in three (3) equal installments.

 

                         2.       For a teaching assignment of less than a semester or Spring or Summer Session's duration, the appropriate extra-contractual compensation formula shall be employed, and compensation shall be paid on a current basis on scheduled payroll dates.

 

                         3.       At the start of any semester, a teacher may opt to receive the extra-contractual compensation of that semester in a lump-sum payment at the conclusion of the semester.

 

                B.     Non-teaching extra-contractual work requiring professional skill or responsibility of a recurring but occasional nature, such as advising and workshops, shall be compensated according to the following formula: the total number of clock hours per semester x 1/2250 of the teacher's 10-month contractual salary, including longevity compensation, for the equivalent of the first twenty-four (24) regular semester contact hours, to be paid on a current basis on scheduled payroll dates. Hours in excess of the equivalent of the first twenty-four (24) regular semester contact hours in a College year shall be paid at the rate of 1/4500.

 

                C.     Teachers whose work is prescribed on other than a class contact hour basis who engage in their respective activities on an extra-contractual basis shall be compensated according to the following formula: the total number of clock hours x 1/2250 of the teacher's 10-month contractual salary, including longevity compensation, for the equivalent of the first twenty-four (24) regular semester contact hours to be paid on a current basis on scheduled payroll dates. The rate for hours in excess of the equivalent of the first twenty-four (24) regular semester contact hours in a College year shall be 1/4500.

 

                D.     Extra-contractual compensation for a non-credit assignment in the Center for Lifelong Learning (CL2) shall be determined according to the following formula: the total number of contact hours x 1/2250 of the teacher’s 10 month contractual salary, including longevity.

 

                E.     With respect to the number of extra-contractual teaching assignments during the course of a contractual year, a load equivalent to an assignment of twenty-four (24) regular semester contact hours is considered to be a desirable professional limit in the best interests of students, the College, and teachers. Within the confines of this desirable professional limit, a teacher may select a regular semester load up to and including nine (9) contact hours per week and a load up to and including eighteen (18) contact hours per week per Spring or Summer Session. It is understood that honors teaching, "mini-courses," substitute teaching, portfolio assessment, data collection, non-credit courses, CEU courses, special assignments (internships, externships, etc.), extra-compensation assignments (prorated at a 2% (0.02) annual extra-compensation factor equivalent to one (1) contact hour), contracted training services paid by or through the College, workshops, and non-teaching extra-contractual work (two (2) hours equivalent to one (1) contact hour of teaching) are included within the confines of this desirable professional limit.

 

Exceptions to the limits cited above may be made by the College President only after consultation with the Union.

 

Given that five (5) classes of five (5) contact hours each exceeds the annual limit of 768 extra-contractual clock hours by only two (2) clock hours, the parties hereby agree to permit a teacher to teach five (5) classes of five (5) contact hours each within the confines of a contractual year. It is understood that preparation and follow-up compensation shall not be paid for the two (2) clock hours in excess of the annual limit of 768 clock hours.

 

                F.     When extra-contractual assignments are made, the following are the priorities which must be considered:

 

                         1.       Qualified teachers in the department which is offering the assignment,

                         2.       Qualified teachers in the division which is offering the assignment,

                         3.       Qualified full-time members of the Bargaining Unit,

                         4.       Qualified retirees of the Bargaining Unit.

 

The intent of this provision is to afford those individuals listed, in priority order, the maximum number of extra-contractual assignments possible within the semester and annual limitations of the contract. Should an extra-contractual assignment(s) be cancelled by the College, the affected individual shall be offered an alternative extra-contractual assignment(s), for which the individual is qualified, first from those individuals not listed in XXV.F.1-4 yet having part-time/extra-contractual assignments and, if necessary, then from individuals listed in XXV.F.4., XXV.F.3., and XXV.F.2. in that order.

 

Wherever possible extra-contractual assignments shall be made according to Article IV.A., with the advice of the teachers of the division and/or department. Division/Department policies for determining extra-contractual assignments shall be subject to review by the Union and Administration in order to assure an equitable distribution of extra-contractual opportunities.

 

                G.     The responsibility of filling substitute teaching assignments resides with the Administration. However, should a qualified teacher be teaching less than the desirable professional limit of extra-contractual contact hours, as cited in Article XXVI.E., said teacher shall be given priority in the filling of substitute teaching assignments. Substitutes shall be provided for the first instance of a teacher's absence in Trade and Apprentice Education or Corporate Training programs, only if required by a corporate contract.

 

Extra-contractual compensation for a substitute teaching assignment of a week’s duration or six (6) contact hours, whichever is less, shall be determined according to the following formula: the total number of contact hours x 1/2250 of the teacher’s ten-month contractual salary, including longevity, plus an amount of compensation equal to one-half (0.5) of the above for the responsibilities of class preparation.

 

Extra-contractual compensation for a substitute teaching assignment of more than a week’s duration or six (6) contact hours shall be compensated according to Article XXV.A.1.

 

 

XXVI.           EXTRA-COMPENSATION

 

Extra-compensation positions shall be open for application every two (2) years, except for those positions for which full-time teachers were specifically hired. Applications, including that of the incumbent, shall be forwarded to the appropriate Vice President/Dean in the Winter semester of second year of the term of office. For the purpose of computing the two-year terms, September 1989 shall be the base year.

 

                      Art Collection Curator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00%

                      Baseball. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.00%

   Basketball Head. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.00%

                      Coordinator of Cultural Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . .12.00%

                      Dance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.00%

                      Director of Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  7.25%

                      Drama. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9.00%

                      Golf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  5.00%

                      Instrumental Music. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.00%

                      Radio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.00%

                      Recording Studio Manager/Music Assistant. . . . . . . . . . . . . . . . . . 6.00%

                      Staff Advisor, Student Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.00%

                      Technical Theatre. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9.00%

                      Vocal Music. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12.00%

                      Volleyball. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.00%

                      Wellness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.00%

 

All assistants: 6.0% (0.06) or 54.5% (0.545) of the compensation of the head coach in the particular sport, whichever is less.

 

The percentages stated above shall be applied to 100% of the current annual average salary, to be determined and provided by the Administration. Compensation for newly established assignments shall be determined by discussion and agreement with the Union.

 

 

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XXVII. SEVERANCE PAY

 

         A.       Any full-time teacher who retires and the estate of one who dies while employed by the Board shall be eligible for severance pay of one and one-half (1.5) days' pay for each full year of active service in the Dearborn Public Schools. Time spent on Professional Leave and Personal Leave, Sabbatical Leave excepted, shall not be counted as active service.

 

         B.       A teacher shall be considered eligible for retirement severance pay if qualified under the Michigan Public School Employees' Retirement System (MPSERS) for regular and/or medical retirement, or has completed twenty-five (25) years of service in the Dearborn School District.

 

A teacher who retires on or after the sixtieth (60th) birthday shall also be eligible for retirement severance pay, even though the teacher may not qualify under the MPSERS for regular or medical retirement.

 

Return to Table of Contents

 

XXVIII.  SALARY SCHEDULE PLACEMENTEXPERIENCE CREDIT

 

A.        New teachers employed at the College by the Board shall be given credit for all relevant full-time teaching experience up to five (5) years. Teachers coming to the College from within the District shall be given credit for all relevant full-time teaching experience credited in the District.

 

Relevant full-time administrative experience at the College shall be credited the same as full-time teaching experience at the College for placement on the salary schedule.

 

Relevant part-time teaching experience, including teaching experience as a graduate student, shall be provided credit on an adjusted, prorated basis rounded off to the nearest full semester.

 

B.        Teachers who have served in the armed forces of the United States shall be given experience credit of one-half (.5) year for each year of military service up to four (4) years of such military service.

 

C.        New teachers with work experience directly pertaining to their teaching assignment shall be given credit for each full year of work experience (meaning at least eleven (11) consecutive months of full-time employment with a given employer) up to a maximum of five (5) years of work experience.

 

D.        All of the above determinations shall be subject to the following limitations:

 

Teachers having 0, 1, or 2 years of creditable experience shall be placed on Step 1 of the appropriate lane of the salary schedule.

 

Effective for the 2007-2008 contractual year, teachers having three (3) or more years of creditable experience shall be placed on Step 2 of the appropriate lane of the salary schedule.

 

Effective for the 2008-2009 contractual year, teachers having three (3) years of creditable experience shall be placed on Step 2 and teachers having four (4) years or more on Step 3 of the appropriate lane of the salary schedule.

 

Effective for the 2009-2010 contractual year and thereafter, teachers having three (3) years of creditable experience shall be placed on Step 2, teachers having four (4) years shall be placed on Step 3, and teachers having five (5) or more years on Step 4 of the appropriate lane of the salary schedule.


Return to Table of Contents

 

XXXIX.         SALARY SCHEDULES

 

The Board shall, beginning 9-1-76 and thereafter, pay the retirement for teachers.

 

Teachers hired effective with the Fall 2007 semester shall not advance beyond Step 11 of the current Salary Schedule.

 

Salary Schedule 2007-2008

 

Step

Less than Master’s

Master’s

Master’s +30

Master’s +60

Doctorate

1

$34,185

$42,859

$44,994

$47,129

$49,264

1.5

$36,127

$44,801

$46,936

$49,071

$51,206

2

$38,069

$46,743

$48,878

$51,013

$53,148

2.5

$40,011

$48,685

$50,820

$52,955

$55,090

3

$41,953

$50,627

$52,762

$54,897

$57,032

3.5

$43,895

$52,569

$54,704

$56,839

$58,974

4

$45,837

$54,511

$56,646

$58,781

$60,916

4.5

$47,779

$56,453

$58,588

$60,723

$62,858

5

$49,721

$58,395

$60,530

$62,665

$64,800

5.5

$51,663

$60,337

$62,472

$64,607

$66,742

6

$53,605

$62,279

$64,414

$66,549

$68,684

6.5

$55,547

$64,221

$66,356

$68,491

$70,626

7

$57,489

$66,163

$68,298

$70,433

$72,568

7.5

$59,431

$68,105

$70,240

$72,375

$74,510

8

$61,373

$70,047

$72,182

$74,317

$76,452

8.5

$63,315

$71,989

$74,124

$76,259

$78,394

9

$65,257

$73,931

$76,066

$78,201

$80,336

9.5

$67,199

$75,873

$78,008

$80,143

$82,278

10

$69,141

$77,815

$79,950

$82,085

$84,220

10.5

$71,083

$79,757

$81,892

$84,027

$86,162

11

$73,025

$81,699

$83,834

$85,969

$88,104

11.5

$74,967

$83,641

$85,776

$87,911

$90,046

 

 

 

Salary Schedule 2008-2009

 

Step

Less than Master’s

Master’s

Master’s +30

Master’s +60

Doctorate

1

$35,296

$44,252

$46,456

$48,660

$50,864

1.5

$37,301

$46,257

$48,461

$50,665

$52,869

2

$39,306

$48,262

$50,466

$52,670

$54,874

2.5

$41,311

$50,267

$52,471

$54,675

$56,879

3

$43,316

$52,272

$54,476

$56,680

$58,884

3.5

$45,321

$54,277

$56,481

$58,685

$60,889

4

$47,326

$56,282

$58,486

$60,690

$62,894

4.5

$49,331

$58,287

$60,491

$62,695

$64,899

5

$51,336

$60,292

$62,496

$64,700

$66,904

5.5

$53,341

$62,297

$64,501

$66,705

$68,909

6

$55,346

$64,302

$66,506

$68,710

$70,914

6.5

$57,351

$66,307

$68,511

$70,715

$72,919

7

$59,356

$68,312

$70,516

$72,720

$74,924

7.5

$61,361

$70,317

$72,521

$74,725

$76,929

8

$63,366

$72,322

$74,526

$76,730

$78,934

8.5

$65,371

$74,327

$76,531

$78,735

$80,939

9

$67,376

$76,332

$78,536

$80,740

$82,944

9.5

$69,381

$78,337

$80,541

$82,745

$84,949

10

$71,386

$80,342

$82,546

$84,750

$86,954

10.5

$73,391

$82,347

$84,551

$86,755

$88,959

11

$75,396

$84,352

$86,556

$88,760

$90,964

11.5

$77,401

$86,357

$88,561

$90,765

$92,969

12

$79,406

$88,362

$90,566

$92,770

$94,974

12.5

$81,411

$90,367

$92,571

$94,775

$96,979

 


Salary Schedule 2009-2010

 

Step

Less than Master’s

Master’s

Master’s +30

Master’s +60

Doctorate

1

$36,443

$45,690

$47,966

$50,242

$52,518

1.5

$38,513

$47,760

$50,036

$52,312

$54,588

2

$40,583

$49,830

$52,106

$54,382

$56,658

2.5

$42,653

$51,900

$54,176

$56,452

$58,728

3

$44,723

$53,970

$56,246

$58,522

$60,798

3.5

$46,793

$56,040

$58,316

$60,592

$62,868

4

$48,863

$58,110

$60,386

$62,662

$64,938

4.5

$50,933

$60,180

$62,456

$64,732

$67,008

5

$53,003

$62,250

$64,526

$66,802

$69,078

5.5

$55,073

$64,320

$66,596

$68,872

$71,148

6

$57,143

$66,390

$68,666

$70,942

$73,218

6.5

$59,213

$68,460

$70,736

$73,012

$75,288

7

$61,283

$70,530

$72,806

$75,082

$77,358

7.5

$63,353

$72,600

$74,876

$77,152

$79,428

8

$65,423

$74,670

$76,946

$79,222

$81,498

8.5

$67,493

$76,740

$79,016

$81,292

$83,568

9

$69,563

$78,810

$81,086

$83,362

$85,638

9.5

$71,633

$80,880

$83,156

$85,432

$87,708

10

$73,703

$82,950

$85,226

$87,502

$89,778

10.5

$75,773

$85,020

$87,296

$89,572

$91,848

11

$77,843

$87,090

$89,366

$91,642

$93,918

11.5

$79,913

$89,160

$91,436

$93,712

$95,988

12

$81,983

$91,230

$93,506

$95,782

$98,058

12.5

$84,053

$93,300

$95,576

$97,852

$100,128

13

$86,123

$95,370

$97,646

$99,922

$102,198

 


Salary Schedule 2010-2011

 

Step

Less than Master’s

Master’s

Master’s +30

Master’s +60

Doctorate

1

$37,719

$47,289

$49,645

$52,001

$54,357

1.5

$39,861

$49,431

$51,787

$54,143

$56,499

2

$42,003

$51,573

$53,929

$56,285

$58,641

2.5

$44,145

$53,715

$56,071

$58,427

$60,783

3

$46,287

$55,857

$58,213

$60,569

$62,925

3.5

$48,429

$57,999

$60,355

$62,711

$65,067

4

$50,571

$60,141

$62,497

$64,853

$67,209

4.5

$52,713

$62,283

$64,639

$66,995

$69,351

5

$54,855

$64,425