Summary of 2020 Tentative BOT-UFF Agreement

Based upon our bargaining sessions during Spring 2020, the FIU Administration and the United Faculty of Florida-FIU have reached a tentative agreement on the following re-openers of the 2018-2021 Collective Bargaining Agreement. Both parties will move forward with scheduling ratification votes of the following items. The articles and policies have been placed in the order they appear in the CBA, with the detailed language changes following the bullet-point summary. All additions are in blue while deletions are stricken through in red.

Summary of Changes:

  • Article 11 – Salaries (on page 2)
    • Added the Associate Teaching Professor and Teaching Professor titles to the listing of faculty awarded promotion increases.
  • Appendix A (on page 6)
    • Added Teaching Professor, Associate Teaching Professor, and Assistant Teaching Professor to the list of positions in the bargaining unit.
  • Policy – Appointment (on page 8)
    • Added clarity that a multi-year contract is a  type of position.
    • Added that a Teaching Professor, Associate Teaching Professor, or an Assistant Teaching Professor can be appointed to a multi-year contract.
  • Policy – Assignment of Responsibilities (on page 15)
    • Updated the numbering in Assignment to be consistent throughout the agreement.
    • Under item 3C, clarified that ‘unit’ is ‘department/unit’, consistent with the CBA defined definitions. Revised the referenced document name to “Differential Assignment Policies”.
    • Defined the process for the development of the Differential Assignment Policies.
    • Revised item 10bii, to ensure faculty shall receive University support in creating and facilitating online courses. Removed the language referencing that faculty could not be required to teach online.
    • Defined appreciable university support as it relates to online instruction.
  • Policy – Non-Reappointment (on page 24)
    • Revised the notice provision for non-tenure track faculty.
  • Policy – Promotions (on page 28)
    • Added the titles of Teaching Professor, Associate Teaching Professor, and Assistant Teaching Professor to the list of faculty eligible for promotion
    • Added the titles of Teaching Professor, Associate Teaching Professor, and Assistant Teaching Professor under the section for promotion criteria and procedures. Clarified years of service credit toward promotion for those transferred to newly created titles.

ARTICLE 11 Salaries

11.6 Promotion Increases. Effective at the beginning of the academic year in which their promotions are effective, employees shall be awarded promotion increases as follows:

(a) To Assistant University Librarian or Assistant Professor a eleven percent (11%) increase;

(b) To Senior Lecturer, Senior Instructor, Associate Scholar/Scientist/Engineer (Research Associate Professor), Associate University Librarian, Associate Teaching Professor, or Associate Professor, a twelve percent (12%) increase;

(c) To University Lecturer, University Instructor, Scholar/Scientist/Engineer (Research Professor), University Librarian, Teaching Professor, or Professor, a fourteen percent (14%)

APPENDIX A Position Classification in the Bargaining Unit

All full time and regular part-time employees in the following classifications:

9001 – Professor

9002 – Associate Professor

9003 – Assistant Professor

9xxx- Teaching Professor

9xxx- Associate Teaching Professor

9xxx – Assistant Teaching Professor

BOT-UFF POLICY Appointment

Procedures:

(3) Initial Appointment

(g) A statement that the position is (1) tenured, (2) non-tenure earning, (3) tenure-earning (specifying prior service in another institution to be credited toward tenure), or (4) a fixed multi-year appointment;

(5) Appointments

(f) Fixed Multi-Year Appointments

(1) Two- to five-year multi-year appointments may be offered for the following:

(a) Instructors, Senior Instructors, University Instructors, Lecturers, Senior Lecturers, and University Lecturers;
(b) Assistant Teaching Professors, Associate Teaching Professors, and Teaching Professors;
(c) Non-tenured or non-tenure earning Assistant Librarians

BOT-UFF POLICY Assignment of Responsibilities

(3) Consideration in Assignment

(C) Although the Legislature has described the minimum full academic assignment in terms of twelve (12) contact hours of instruction or equivalent research/scholarship and service, the professional obligation undertaken by an employee will ordinarily be broader than that minimum. In making assignments, the University has the right to determine the types of duties and responsibilities that comprise the professional obligation and to determine the mix or relative proportion of effort an employee may be required to expend on the various components of the obligation. These assignments, including platform of delivery, shall accord with the written policies and/or procedures developed by each department/unit and approved by the university (“Differential Assignment Policies”). The employees of each department/unit who are eligible to vote in department/unit governance shall participate in the development of these policies and shall recommend implementation by vote of a majority of at least a quorum of those employees.

(i) The proposed policies, or revisions thereof, shall be first reviewed at the College level by the Dean for consistency with College missions and goals and then reviewed by the Provost or designee to ensure that they are consistent with the mission and goals of the University and that they comply with the BOT-UFF Agreement and all relevant University policies.

(ii) If the Provost or designee determines that the recommended policies are not consistent with the missions and goals of the University, the BOT-UFF Agreement, or relevant University policies, the proposal shall be referred to the department/unit for revision with a written statement of reasons for non-approval. Upon final approval of the Provost or designee, the policies will become effective at the beginning of the next evaluation period unless otherwise agreed.

(iii) All approved policies, and revisions thereof, shall be kept on file in the department/unit office and may be placed on the University website for access by employees and the UFF chapter. Upon request, employees in each department/unit shall be provided a copy of that department/unit’s current policies for differential assignment.

(10) Instructional Technology

(B) Online Courses

(ii) Faculty who are assigned an online course shall receive university support in creating and facilitating that course. For the purpose of this subsection only, “university support” shall mean: No employee shall be required to teach a course as an online course, nor shall an employee be excluded from teaching a course that he or she is otherwise qualified to teach because he or she does not agree to teach the course as an online course unless the course is only offered online.

a. Access to and use of readily available technology (i.e. laptops, video/audio recording) and information technology support
b. FIU Online instructional designer basic support (i.e. syllabus and assignment formatting, LMS navigation) FIU Online instructional design services (i.e. Course design and pedagogical consultation, best practice recommendations, capacity building, course formatting and maintenance support)
c. Access to FIU Online training and development opportunities
d. Any support related to structural course requirements as determined by the Board of Governors, Board of Trustees, or relevant accrediting agencies

(iii) For purposes of this subsection only, the term “appreciable University support” shall mean the use of special services (such as the FIU online instructional design services), equipment, or facilities provided by the University beyond those outlined in 10.B.ii. for the preparation of online course materials. No faculty member shall be compelled to use appreciable university support in their online instruction, and all faculty must positively affirm their use of appreciable support

a. Online Course Rights and Releases Without Extra Compensation or Course Release.
Employees who develop or substantially revise instructional materials for an online course without extra compensation, course release or without appreciable University support the use of FIU online instructional design services provided by the University maintain full ownership of those online courses. Employees who develop or substantially revise instructional materials for an online course without extra compensation or course release, but with appreciable University support the use of FIU online instructional design services provided by the University maintain full ownership of those online courses, but grants FIU a limited three-year non-exclusive license to allow others to use such course materials to teach an online section of the same course.

d. Compensation for Online Course Development
Employees who develop or substantially revise instructional materials for an online course without extra compensation, course release, or without appreciable University support the use of FIU online instructional design services provided by the University and has another individual use substantially all of such materials in a course, will be paid $500 for each time a section of the course is offered up to a maximum of $5,000 per course during the three year limited non-exclusive license period. …

BOT-UFF POLICY on Non-Reappointment

(2) Notice

(a) All employees, except those described in (b)(i) and (c) below are entitled to the following written notice that they will not be offered further appointment:

(iii) For non-tenure track faculty members who are not on a fixed multi-year or visiting appointment the non-reappointment process will be the following.

(a) Probation. If a non-tenure track faculty member receives an “Unsatisfactory” overall rating on their Annual Evaluation, they will be placed on a Continued Employment Probation. A Performance Improvement Plan (PIP) shall be required during the Continued Employment Probation period.

(i) The PIP will be developed by the faculty member’s supervisor in concert with the faculty member and will be communicated in writing.

(a) The PIP will address deficiency that caused the overall “Unsatisfactory” rating and identify specific performance goals for the following year that, if met, will result in at least a “Satisfactory” overall rating on the faculty member’s subsequent Annual Evaluation.
(b) The PIP will provide specific performance goals agreed to by the faculty member, the chair and the dean.
(c) The PIP must be developed and agreed to in writing by both the faculty member and department chair no later than 30 days prior to the start of the contract period in which the Continued Employment Probation will occur.
(d) The PIP will require at least two periodic meetings between the faculty member and the department chair to review the faculty member’s progress. Written appraisals of the progress will be produced by the department chair and shared with the faculty member and dean.

(ii) In the first Annual Performance Evaluation under the Continued Employment Probation period, the department chair will review the faculty member’s progress in meeting the performance goals agreed to in the PIP. If the performance goals have been met, the Probation will be lifted and the faculty member restored to a normal faculty contract. No additional penalties will attach to the faculty member’s appointment as a result of the probationary term.

(b) Non-Reappointment. Notice of non-reappointment may be given to non-tenure track faculty members in accordance with (2)(a)(i) and (ii) above only after: 1) the faculty member has been placed on Continued Employment Probation for a year; and 2) over the course of a year of evaluation and consultation, the faculty member on Continued Employment Probation has not met the agreed upon goals of the Performance Improvement Plan; and 3) the faculty member has received a second consecutive “Unsatisfactory” overall rating on their Annual Evaluation or three “Unsatisfactory” overall ratings on their Annual Evaluations over a consecutive five-year period.

BOT-UFF POLICY Promotions

Procedures:

(1) Eligibility: Employees classified as Instructor, Lecturer, Senior Instructor, Senior Lecturer, Instructor Librarian, Assistant University Librarian, Associate University Librarian, Assistant Teaching Professor, Associate Teaching Professor, …

(3) Promotion Criteria and Procedures.

Each college/school and/or department/unit, as its faculty deem appropriate, subject to the approval of the Dean/Director and Provost, shall adopt its own promotion criteria and procedures, consistent with University-wide criteria and procedures, and reflecting the particular mission and disciplinary requirements specific to the academic unit. Policies on the promotion process must include a poll by secret ballot of the members of the employee’s department/unit concerning the employee’s promotion application, in accordance with criteria for voting set out by the employee’s department/unit. Such criteria and procedures, as appropriate to the academic unit, shall provide for promotion to Senior Lecturer, Senior Instructor, University Lecturer, University Instructor, Associate Teaching Professor, Teaching Professor, Assistant University Librarian, Associate University Librarian, University Librarian, Associate Scholar/Scientist/Engineer (Research Associate Professor), Scholar/Scientist/Engineer (Research Professor), Associate Professor, Professor, Research Associate, Senior Research Associate, Instructional Specialist, and Senior Instructional Specialist. In the event that through the University’s Strategic Planning process there is a recommendation different than the process defined in this policy, the parties agree to renegotiate this policy without the use of a reopener.

(b) In the matter of promotion to Senior Lecturer, Senior Instructor, University Lecturer and University Instructor, Associate Teaching Professor, and Teaching Professor, the Provost, in accordance with the university governance process and subject to consultation with UFF, shall determine the criteria and procedures. All faculty in the instructor ranks before September 2020 shall be laterally reclassified to an equivalent teaching professor rank. When a lateral reclassification occurs and there is no break in service, time in the Instructor rank shall count towards promotion. In no case will a faculty member be reclassified to an equivalently higher rank without going through the promotion process.

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