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APC and CSU Reach Tentative Agreement on Two-Year Contract

Ratification Vote to Be Held Soon

01/11/2016

The Academic Professionals of California are pleased to announce that we have entered into a Tentative Agreement, pending ratification by our members, with the California State University regarding a new two-year APC-CSU contract.  Salaries and benefits for 2015-16 and 2016-17 had been previously agreed upon and were therefore not subject to this round of bargaining. We are especially pleased that, despite the limited nature of this round of bargaining, we were able to obtain many important wins for our members and had to enter only into a few compromises.

Wins

1.         Clarified that Unit 4 Employees Cannot “Supervise” Other Unit 4 Employees.

Time and again, campuses put Unit 4 employees in the position of having to “supervise” other Unit 4 employees.  New contract language will hopefully put an end to this practice.  Note that Unit 4 employees can act as “leads” for other Unit 4 employees.

2.         Increased Notice Period for “Early Separation” from 10 Calendar Days to 15 Working Days.

This is a major win.  One of the weak points of our contract is that temporary Unit 4 employees can be subjected to “early separation”—i.e., fired—without cause or reason.  Currently, this can be done on 10 calendar days´ notice.  The new contract effectively more than doubles this period to 15 working days´ notice, giving temporary Unit 4 employees a measure of added job security.

3.         Limited the Ability of Campuses to Manipulate the Duration or Timebase of Temporary Appointments in Order to Defeat Permanency.

This gives Unit 4 employees another added measure of job security.  On several campuses, management has resorted to manipulating the duration or timebase of temporary appointments in the fourth year in order to defeat permanency.  New language limits the ability of campuses to do so by providing that the duration or timebase can be reduced in the fourth year only by mutual agreement or as a direct consequence of the demonstrable operational needs of the campus.

4.         Ensured that Student and Management Employees Cannot Displace Unit 4 Employees.

As yet another added measure of job security for Unit 4 employees, new language ensures that the performance of Unit 4 work by student assistants and appropriate administrators does not result in the “displacement” of Unit 4 employees, that is, layoff, time-base reduction, demotion, reclassification, or transfer to a satellite campus or new location requiring a change in residence.

5.         Provided for Reasonable Release Time to Allow Unit 4 Employees Threatened with Discipline and Their Representative to Prepare for the Skelly Hearing.

Unit 4 employees who receive such a Notice have the right to a Skelly Hearing before the disciplinary action is finalized, after which it can be appealed to the State Personnel Board.  Preparing for the Skelly hearing takes time.  New language provides for reasonable release time for the affected employee and his or her representative to prepare for the hearing.

6.         Reduced the Probationary Period of Part-Time Employees to One Year of Continuous Service.

In the past, our contract provided:  “The probationary period for part-time employees is the equivalent of one (1) year of full-time service.”  That meant that a half-time employee had to go through a two-year probationary period.  The new contract reduces the probationary period for part-time employees to one year of continuous service, regardless of timebase.

7.         Extended the List of Relatives Whose Illness, Injury or Death Entitles Unit 4 Employees to Paid Sick Leave or Paid Funeral Leave.

Up to now, Unit 4 employees could use paid sick leave because of illness or injury in the immediate family only if the family member was “a close relative or person residing in the immediate household of the employee.”  New language broadly defines “immediate family” and eliminates the residence requirement.  Similar changes were made for funeral leave.

Compromises

1.         Extended Duration of “Emergency Temporary Positions” to 120 Days.

This was one of the most hard-fought issues.  Currently, all vacancies of more than 60 days have to be posted.  New language allows the campus to fill an “emergency temporary position” for up to 120 days without having to post it first while the campus conducts an advertised competitive search to permanently fill the position.  In exchange, the contract now clearly states that such “emergency temporary positions” and other non-posted positions, including “substitute temporary positions” while Unit 4 employees are on leave, which are now limited to 30 days, cannot be filled on a consecutive or recurring basis (again and again) without being posted.

2.         Agreed to Leave the Vacation Accrual Rate as Is.

This was another hard-fought issue.  The APC Bargaining Team proposed to accelerate the vacation accrual rate for Unit 4 employees to resemble that enjoyed by management employees.  The CSU Bargaining Team, whose members were all management employees, resisted tooth and nail.  In the end, we had to agree to leave the vacation accrual rate as is.

All tentatively agreed-upon contract changes can be viewed here.