Class Cancellation Union Representation Incorrect Paycheck Filing a Grievance
See below for more information
See below for more information
Class Cancellation
Dear Faculty,
LEGALLY BINDING CBA
Our Collective Bargaining Agreement (CBA) sets the terms and conditions of our work and is a legally binding agreement that lays out policies agreed to by management and the Association. In essence, the CBA is the “law” of the workplace. The Citrus College Faculty Association (CCFA) works to enforce the language and the rights that have been bargained on your behalf.
MUTUAL AGREEMENT IS REQUIRED
It has come to the Association’s attention that management may have cancelled classes without the instructor’s consent. Although a discussion to look for mutually agreeable options is favorable, please know that classes cannot be cancelled without the affected unit member clearly assenting to the change. If the options presented are not agreeable to the faculty member, the class must remain in effect. Furthermore, mutual agreement must be reached before any class is cancelled, not after it has been cancelled. If your Dean wants to cancel a class, please notify them of your right to “mutual agreement” according to your CBA before the class is cancelled.
COLLEGIAL CONSULTATION AS A FORMALITY, NOT A JUSTIFICATION
Through collegial consultation, the faculty member may offer rationale for keeping the course (perhaps it’s the first time the class has been taught or offered irregularly based on student need), or the faculty member might suggest a replacement for the course based on their specialty area and taking into consideration the necessary preparation already invested, or they might offer to load balance if that is their preference, but under no circumstances can the class be cancelled without the faculty member’s consent. Collegial consultation by a Dean is expected, not a justification for class cancellation. A Dean may suggest options to remedy the class cancellation, but it doesn’t mean the faculty member must select from those options. Again, changes to an assignment will ONLY be made by mutual agreement of the unit member and the dean.
CONTRACT LANGUAGE SUPERSEDES BOARD POLICY
BP 4270 speaks to minimum class size, but the Board Policy doesn’t apply because legally binding contract language supercedes any board policy. This is specified in the CBA.
ACTUAL CONTRACT LANGUAGE
Here is an excerpt from the CBA that speaks to class cancellation rights:
REPORT ANY VIOLATIONS TO THE CONTRACT
If you feel your rights have been violated, please contact the Citrus College Faculty Association as soon as possible to discuss ways to rectify or mitigate violations that have taken place.
Respectfully,
CCFA Executive Board
LEGALLY BINDING CBA
Our Collective Bargaining Agreement (CBA) sets the terms and conditions of our work and is a legally binding agreement that lays out policies agreed to by management and the Association. In essence, the CBA is the “law” of the workplace. The Citrus College Faculty Association (CCFA) works to enforce the language and the rights that have been bargained on your behalf.
MUTUAL AGREEMENT IS REQUIRED
It has come to the Association’s attention that management may have cancelled classes without the instructor’s consent. Although a discussion to look for mutually agreeable options is favorable, please know that classes cannot be cancelled without the affected unit member clearly assenting to the change. If the options presented are not agreeable to the faculty member, the class must remain in effect. Furthermore, mutual agreement must be reached before any class is cancelled, not after it has been cancelled. If your Dean wants to cancel a class, please notify them of your right to “mutual agreement” according to your CBA before the class is cancelled.
COLLEGIAL CONSULTATION AS A FORMALITY, NOT A JUSTIFICATION
Through collegial consultation, the faculty member may offer rationale for keeping the course (perhaps it’s the first time the class has been taught or offered irregularly based on student need), or the faculty member might suggest a replacement for the course based on their specialty area and taking into consideration the necessary preparation already invested, or they might offer to load balance if that is their preference, but under no circumstances can the class be cancelled without the faculty member’s consent. Collegial consultation by a Dean is expected, not a justification for class cancellation. A Dean may suggest options to remedy the class cancellation, but it doesn’t mean the faculty member must select from those options. Again, changes to an assignment will ONLY be made by mutual agreement of the unit member and the dean.
CONTRACT LANGUAGE SUPERSEDES BOARD POLICY
BP 4270 speaks to minimum class size, but the Board Policy doesn’t apply because legally binding contract language supercedes any board policy. This is specified in the CBA.
ACTUAL CONTRACT LANGUAGE
Here is an excerpt from the CBA that speaks to class cancellation rights:
- Assignment of Classes
- The following steps will be utilized each semester (Fall/Spring) to determine a faculty member’s classroom load.
- Unit Members will be assigned classes to fulfill their required load.
- Unit Members will be offered remaining classes for overload.
- Adjunct faculty will be offered remaining classes.
- Classes that become available subsequent to assignment shall be offered first to Unit Members and then to adjunct faculty.
- Changes to an assignment will be made only by mutual agreement of the Unit Member and the dean.
REPORT ANY VIOLATIONS TO THE CONTRACT
If you feel your rights have been violated, please contact the Citrus College Faculty Association as soon as possible to discuss ways to rectify or mitigate violations that have taken place.
Respectfully,
CCFA Executive Board
| class_cancellation_rights.pdf |
Weingarten Rights
One of the afforded benefits to belonging to a union is your right to union representation. You have a right to have union representation at any investigatory interview. This was announced in a 1975 U.S. Supreme Court case, NLRB vs. Weingarten, Inc. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend their conduct. When an investigatory interview occurs, the employee must make a clear request for union representation before the interview or during the interview if the employee feels the interview has turned possibly disciplinary in nature. When the employee makes this request, management has 3 options:
1. Stop the interview or delay the interview until union representation has arrived and has been given a chance to consult with the employee.
2. Deny the request and end the interview immediately
3. Give the employee a choice of either proceeding with the interview without representation, or end the interview immediately.
If the supervisor denies the request and continues to question the employee they are committing an “unfair labor practice” and the employee has the right to refuse to answer without negative repercussions. However, the supervisor must terminate the meeting. If the employee terminates the meeting, that can be considered “punishable insubordination.”
The union representative is not a “silent witness.” A union representative may assist and counsel an employee during the interview. A union representative may request to be informed of the subject matter of the interview and may counsel or speak privately with the employee before the interview takes place.
It is the responsibility of the union members to be aware of their Weingarten Rights. A supervisor is under no obligation to inform an employee that they may request union representation.
Reference: https://www.umass.edu/usa/weingarten.htm