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MCCFA Employment Contract 1999-2001

Article 18 - Appointments and Assigned Fields

Section 1. Appointments.

All appointments shall be made by the Employer via a letter of appointment which includes the type of appointment, the length of appointment (if not an unlimited full-time position), the faculty member's address, social security number, and the wages. The Employer shall provide the Association with a copy of this letter of appointment. In the case of temporary part-time faculty, a letter of appointment will be used which includes information regarding the managerial right to cancel some or all of the temporary appointment in order to fulfill the contractual obligations to unlimited full-time and unlimited part-time faculty. The following types of appointments may be made:

Subd. 1. Probationary.

A faculty member must complete two (2) years of probationary status before becoming an unlimited faculty member. A probationary appointment is an appointment other than unlimited or temporary. Such an appointment means that the individual holding such status is being evaluated for purposes of determining whether or not unlimited status will be granted. A probationary faculty member who successfully completes the probationary appointment shall become an unlimited faculty member. Probationary faculty members who are non-renewed shall be notified of the non-renewal by certified mail no later than one (1) month prior to the end of the fourth (4th) probationary semester. No faculty member shall serve more than one (1) probationary period in the same bargaining unit in the Minnesota community colleges/MnSCU.

There shall be no employment rights for layoff or recall for probationary faculty members. Probationary faculty are subject to termination without recourse to the grievance procedures, outlined in Article 24.

Subd. 2. Provisional Unlimited Status.

Faculty members hired after July 1, 1987 who do not meet minimum qualifications and who have satisfactorily completed probation shall be granted provisional unlimited status. Provisional unlimited status shall not exceed two (2) years. The faculty member shall become unlimited full-time immediately upon satisfactory attainment of the minimum qualifications. Failure to meet minimum qualifications at the end of two (2) years shall constitute just cause for immediate dismissal.

Subd. 3. Unlimited Full-Time.

An unlimited full-time faculty member is defined as a faculty member with a full-time assignment for an academic year which carries the assumption that such employment will continue on a full-time basis in subsequent years. To qualify for an unlimited full-time position, the faculty member must meet minimum qualifications and successfully complete probationary status.

Any references in this Contract to unlimited faculty members shall include only probationary, unlimited full-time, and unlimited part-time faculty who had achieved unlimited part-time status prior to July 1, 1987, unless specifically noted otherwise.

Subd. 4. Unlimited Part-Time.

If it is to the mutual advantage of the faculty member and the college president, a temporary part-time faculty member may be granted unlimited part-time status. The faculty member must have been employed continuously for four (4) years between fifty percent (50%) and eighty percent (80 %) of a full load, and must meet minimum qualifications for the assigned field of a majority of assignments. S/he shall receive that assigned field at the time of unlimited part-time appointment.

The minimum percentage guaranteed in the unlimited part-time assignment shall be mutually agreed by the faculty member and college president at the time of initial unlimited part-time appointment, subject to the eighty percent (80%) limit in the definition of unlimited part-time status. The minimum guarantee shall be stated in credits. Activity credits may be considered in the determination of the minimum percentage guaranteed, but shall not constitute an assigned field. Unlimited part-time status will not be granted below the fifty percent (50%) guarantee level after fall of 1993.

Assignments above the minimum guarantee may be made. Unlimited part-time faculty who hold the status as of fall of 1993 and whose minimum guarantee is fifty percent (50%) or greater will be offered up to eighty percent (80%) when assignments are available. The assignments offered shall be in their assigned field(s) and in courses outside of their assigned field(s) that the individual has taught previously. The level of minimum guaranteed assignments will be reviewed for possible increase at the request of either party no more than once per academic year. The review shall include the assignments held over the previous four (4) years. Assignments made that are replacement for other faculty or soft money will be subtracted in the review. Such assignments shall be identified by the administration at the time the assignment is made. The faculty member's guarantee shall not be reduced because of an assignment to replace other faculty. In the event the administration projects a need for possible layoff, an unlimited part-time faculty member may mutually agree to a reduction in the level of guaranteed employment in lieu of a layoff notice, but not less than thirty-six percent (36%).

An unlimited part-time faculty member holding appointments at more than one community college campus who has conflicting work schedules must select which college's assignment s/he will meet and must resign appointment from the other college if alternative arrangements which are acceptable to the administration can not be implemented. Unlimited part-time faculty members, except for being on unlimited status, shall accrue benefits like other part-time faculty members. Fringe benefits will be based on the minimum guaranteed appointment and will be annualized. Unlimited part-time faculty who decline assignments as part of the minimum guaranteed percentage appointment or who refuse unlimited full-time positions which are offered at their college shall lose their unlimited part-time status. An unlimited part-time faculty member shall be considered to have completed the probationary requirement and shall not have to serve a new probationary period if the faculty member becomes unlimited full-time.

Upon mutual agreement between the Association and the system office, current unlimited part-time faculty may be granted an unlimited full-time position at their college which includes their current part-time assignment.

Unlimited part-time faculty whose actual hard money non replacement assignment exceeds eighty percent (80%) for two (2) consecutive academic years shall be converted to unlimited full-time status at their college which includes their current part-time assignment if there are no eligible unlimited full-time faculty on layoff who claim the position. Assignments made that are replacement for other faculty or soft money will be identified by the administration at the time the assignment is made.

Subd. 5. Unlimited Special.

If it is to the mutual advantage of the faculty member and the college, an unlimited full-time faculty member's load may be reduced to a load between fifty percent (50%) and eighty percent (80%) of a full-time load for a semester, two (2 semesters or one (1) or more academic years. For purposes of this provision, a full-time load shall be defined as one (1) semester equals fifteen (15) credits and one (1) year equals thirty (30) credits. Such reduction must have the agreement of the faculty member and the college president. Written notification of the agreement must be submitted to the chancellor's designee and the Association. The agreement relative to the reduction and the conditions under which the faculty member may or must return to full-time status shall be stated in writing at the time of the agreed reduction. Such unlimited special faculty member shall have each year of service count as a full year for purposes of seniority, step movement, and sabbatical leave. Other fringe benefits shall accrue to such faculty member in accordance with the contract provisions in effect at the time. A work assignment load reduction under this provision shall not be construed as a leave of absence under Article 13.

Subd 6. Temporary Full-Time.

A temporary full-time faculty member is defined as a faculty member with a full-time assignment for an academic year. Such employment terminates at the end of the stated appointment period.

When a faculty member who has held a temporary full-time appointment for two (2) full academic years is rehired to an unlimited full-time position in the same assigned field, the faculty member shall receive an unlimited full-time appointment rather than a probationary appointment. If a faculty member who holds a temporary full-time appointment for six (6) years or more requests unlimited status, s/he shall be granted such status if agreed to by the college president.

Subd. 7. Temporary Part-Time.

A temporary part-time faculty member is defined as a faculty member with a part-time assignment for extra weeks, a semester or a summer session. Such employment terminates at the end of the stated appointment period. Assignments made that are replacement for other faculty or soft money shall be identified by the administration at the time the assignment is made.

Subd. 8. Hiring Practices.

The Employer will insure that each college employs no less than sixty-seven percent (67%) of the total FYE MCCFA bargaining unit ten (10) faculty as unlimited full-time faculty.

  1. The basis for calculating the number of unlimited full-time faculty positions required at each college will be as follows:
    1. No later than February 15 of each year, the Employer shall provide the Association with a report of total MCCFA bargaining unit employment at all community colleges and comprehensive community colleges for the current year. This report will include all credit assignments, including overload during the academic year, activity credits, and fifty percent (50%) of the concurrent enrollment, provided by full-time and part-time faculty regardless of bargaining unit eligibility. It shall include all persons who are paid wages by the college or system regardless of funding source. Summer assignments including extra days and Financial Aid will not be included except for the remaining four (4) full-time unlimited financial aid directors employed at Century College, Itasca Community College, Minneapolis Community and Technical College and North Hennepin Community College.
    2. The work that is done by temporary faculty members who are hired as replacements for sabbatical leaves and for Association release time shall be subtracted from the total at each college.
    3. The Hiring Practices requirement of sixty-seven percent (67%) shall be established by multiplying the total MCCFA employment as described above times 0.67 and rounded to the nearest whole number. If the rounding down causes the percentage to go below sixty-six and one-half percent (66.5%), the number will be rounded up.
  2. The unlimited full-time faculty roster as of February 15 shall include all instructors, counselors and librarians with the exception of new unlimited part-time faculty after July 1, 1987. No later than March 15 of each year, the system office and the Association shall jointly produce an analysis of the unlimited full-time MCCFA faculty employed at each community college and comprehensive community college for the current academic year. The analysis will examine each college.
    1. Faculty who have been terminated for cause or have been non-renewed as of February 15 shall be subtracted from the total. Any faculty member who is on an unpaid leave of absence to serve as a MnSCU administrator for more than three (3) years shall also be subtracted from the total.
    2. The difference between the number of unlimited full-time faculty currently employed at each college as of February 15 and respective of deletions indicated above and the number needed to insure sixty-seven percent (67%) as established in paragraph A.1 and 2 above shall be the minimum number posted and hired. The posting of the required number of unlimited full-time positions needed to be in compliance with the hiring practices above shall occur no later than March 31, to allow for filling at the start of the next academic year. It is the intent of this section to provide compliance by the beginning of the next academic year. The system and the Association will meet no later than May 1 to assure that the number of positions posted will bring the colleges into compliance.
  3. Class size increases may not be used to alter the ratio of unlimited full-time faculty to temporary part-time faculty.
  4. Colleges with a higher percentage of unlimited full-time faculty than the sixty-seven percent (67%) referenced above may not use the percentage of full-time faculty as a reason to issue layoff notices.
  5. When special circumstances exist and agreement is reached between the Association and the chancellor, terms of this subdivision may be waived or altered.

Section 2. Assigned Fields.

Subd. 1. Establishing Assigned Fields.

The original assigned field of instructors, or counselors, or librarians shall be the field for which the faculty member was hired as approved by the chancellor's designee. This assigned field must correspond to the majority of the assignments held. Upon initial hiring a written notice of the assigned field shall be sent to the faculty member and a written notice of any change in assigned field shall be sent to the faculty member. A student activity assignment shall not be considered an assigned field. An additional assigned field(s) may be added, by the chancellor's designee, under the following provisions:

  1. Initial Hire. As part of the original assigned field when the assignment is verified by the college to include at least six (6) credits per semester for two (2) semesters within the first two (2) academic years, the college president verifies that the assignment will continue, and the faculty member meets the minimum qualifications for the assigned field.
  2. Subsequent to Unlimited Status. As an additional assigned field when an unlimited full-time or unlimited part-time faculty member has completed at least six (6) credits per semester in the requested assigned field, for three (3) semesters within three (3) consecutive academic years, the college president verifies that the assignment will continue, and the faculty member meets minimum qualifications for the assigned field.
  3. A faculty member shall not be granted an initial or subsequent assigned field at a college if another faculty member is on notice of layoff or on layoff in that assigned field at the college.

Subd. 2. Joint Committee on Assigned Fields and Designated Assignments.

A joint committee composed of three (3) faculty members appointed by the Association and three (3) administrators appointed by the chancellor shall continue to make recommendations on assigned fields, designated assignments and minimum qualifications to the chancellor. When the Joint Committee, the chancellor and Board have reached agreement on assigned field/minimum qualification changes, the Employer will maintain the current qualifications and provide a copy to the Association. The listing and the minimum qualifications are provided, for informational purposes only, in Appendix C of this contract.