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Collective Bargaining Updates – FT-NTT

Posted January 18, 2013

  • Just before the end of 2012, the University and the Full-Time Non-tenure Track Faculty Unit of AAUP-KSU reached agreement in principle on all economic and noneconomic issues for a successor Collective Bargaining Agreement.
  • Highlights of this agreement include the following:
    • Retroactive payment of a 2 ½ percent across-the-board increase for Academic Year 2012 – 2013.
    • Retroactive payment of promotion increases for Academic Year 2012 – 2013.
    • A one-time longevity payment of $125 for each year of service (up to 16 years) with staggered payments depending on the amount.
    • A 2 ¼ percent across-the-board increase for Academic Year 2013 – 2014.
    • A 2 percent across-the-board increase for Academic Year 2014 – 2015.
    • A 2 percent across-the-board increase for Academic Year 2015 – 2016.
    • Acceptance of the medical benefits provided to other university employees.
    • The addition of new provisions on Definitions, Intellectual Property, Distance Education and Professional Development.
    • Continuation of promotion opportunities for non-tenure track faculty.
  • The parties are currently finalizing the language of the formal tentative agreement. When this process is complete, the AAUP has indicated that their ratification process will consist of the following:
    • All sections of the new CBA will initially be reviewed and approved by the Executive Committee.
    • A membership meeting will then be held to explain the new agreement.
    • The members will then be given a time frame to vote electronically on the new agreement.
  • As soon as the university receives the outcome of AAUP-KSU's ratification process, the Board of Trustees will review and consider the agreement on behalf of the University. The University believes that this process of negotiations, which began on July 12, 2012, has resulted in an agreement, if ratified, which will be beneficial to both the full-time non-tenure track faculty and the university and will provide stability for both parties through Academic Year 2015-16.

Posted December 20, 2012

  • The University and AAUP-KSU continued bargaining today.
  • The parties signed off on two tentative agreements: Professional Development and Recognition, Dues Deduction and Association Rights.
  • AAUP-KSU offered a counter proposal on Governance and Role in the Academic Unit.
  • The University responded to AAUP-KSU proposals on Faculty Workload, Appointments: Terms, Conditions and Renewals, and Salaries and Benefits.
  • The parties caucused several times and the University presented its final salary proposal which included across-the-board increases of 2.5% for 2012-13 (retroactive to Fall 2012); 2.25% for 2013-14; 2% for 2014-15; and 2% for 2015-16. This offer was made contingent on the parties reaching agreement on all remaining issues by the end of this year.
  • The session ended with an additional proposal by AAUP-KSU for a 2% increase in overload and summer session compensation and an additional “longevity payment” for FTNTT Faculty members based on years of service up to a maximum of 16 paid as a lump sum and added to base pay.
  • The University offered the following in response:
    • For overload and summer session hours the agreement will continue to utilize Addendum A from the current contact, with all amounts increased by 2%, as AAUP-KSU proposed.
    • Each NTT member will receive a one-time lump sum longevity award in an amount equal to $100 for each year of service up to a maximum of 16 years.
    • The number of years of service will be calculated as of the beginning of AY 2012 – 2013.
    • The total lump amount for each person will be paid in four equal lump sum installments over the next four years (e.g., a person eligible for a $1,600 payment will receive four annual payments of $400).
    • The amount of these payments will not be added to base pay.
  • No additional bargaining sessions have been scheduled; however, the chief negotiators for the University and AAUP-KSU agreed to communicate by email over the next few days to keep this process moving.
  • Updates will be posted to this website as they become available.

Posted December 19, 2012

  • The University and AAUP-KSU continued bargaining today.
  • The parties have reached tentative agreement on four Articles during the last two bargaining sessions: Definitions, Non-discrimination, Intellectual Property and Distance Education
  • The University offered counter proposals on Governance and Role in the Academic Unit; Recognition, Dues Deduction and Association Rights; and Professional Development.
  • AAUP-KSU presented counter proposals on Appointments: Terms, Conditions and Renewals; Faculty Workload and Salary and Benefits.
  • The parties worked in caucus on additional counter proposals until AAUP-KSU indicated they were not available to continue bargaining.
  • The University agreed to meet with AAUP-KSU for a previously unscheduled session on December 20, 2012.

Posted December 18, 2012

  • The University and AAUP-KSU met today for another bargaining session.
  • After discussions at the session on December 6th, the University was optimistic that AAUP-KSU would bring the remainder of its response to the comprehensive proposal that the University presented on November 1st.
  • The University came to the session prepared to sign a Tentative Agreement on Definitions and Nondiscrimination. The University also was ready to present counter proposals on four Articles (Faculty Workload, Intellectual Property, Distance Education and Appointments: Terms, Conditions and Renewals).
  • AAUP-KSU came to the session with only two counter proposals (Professional Development and Governance) instead of a complete response to the University’s comprehensive proposal. They indicated that their response to the University’s economic proposal would be presented at the next bargaining session on December 19th.
  • AAUP-KSU’s counter proposal on Governance still includes provisions that are inconsistent with the tenure-track collective bargaining agreement. The University has indicated numerous times that it will not include any such provisions in the FTNTT collective bargaining agreement.
  • With January 1st fast approaching, the University reminded AAUP-KSU that unless agreement is reached soon, the FTNTT faculty are not eligible for the University’s new benefits plans and the University will have to devote considerable time and expense to administering separate benefit plans for the FTNTT faculty unit.
  • In past updates we have told you about proposed changes to the current state subsidy formula for higher education. These changes could result in a substantial decrease in state funding to Kent State in the near future. The University is currently in the process of reviewing the specific impact of these proposed changes and how we would handle the budget cuts that would be required of our academic units.
  • Another bargaining session is scheduled for December 19th. The University continues to be hopeful that progress can be made to bring this process to closure before the University‘s annual holiday shut down. If not, bargaining sessions will resume in 2013.

Posted December 6, 2012

  • The University and AAUP-KSU met today for their first bargaining session since November 1, 2012 when the University presented a comprehensive package proposal on all outstanding issues.
  • AAUP-KSU did not offer a comprehensive counter proposal; did not respond to the University’s economic proposal; and, instead, offered several individual counter proposals on various issues --- Definitions; Nondiscrimination; Faculty Workload, Recognition, Dues Deduction and Association Rights; Appointments: Terms, Conditions and Renewals; Intellectual Property; and Distance Learning.
  • Overall, the counter proposals do not vary significantly from what AAUP-KSU has previously proposed.
  • The University is reviewing the counter proposals in detail and will prepare a response.
  • As negotiations continue, it is important to keep in mind the recent recommendations from the Ohio Higher Education Funding Commission, which raise some significant uncertainty about state funding and the impact that it may have on the University’s overall operating budget. The Commission’s recommendations would make changes to the current state subsidy formula for higher education and could result in a substantial decrease in state funding to Kent State in the future.
  • Two additional bargaining sessions are scheduled for December 18th and 19th.

Posted November 29, 2012

  • At the request of AAUP-KSU the bargaining sessions scheduled for November 27th and 29th were cancelled.
  • The University presented a comprehensive proposal on all outstanding issues on November 1st and, to date, has not received a counter proposal.
  • The University and AAUP-KSU are in the process of reviewing dates for additional bargaining sessions.

Posted November 1, 2012

  • The University and AAUP-KSU met today for another bargaining session.
  • The University presented a comprehensive package proposal which covers all outstanding issues and was presented as an attempt to bring the negotiations to closure. (A detailed update of this proposal was sent to all Management Personnel on Flashline on Friday. A copy of that message can be viewed here.)
  • A number of issues have already been tentatively resolved between the parties, including: Management Rights; Academic Freedom and Professional Responsibility; Grievance Procedure; a new Disciplinary provision; No Strike No Lockout; and, Miscellaneous.
  • The University is optimistic that we will be successful in reaching agreement on a new Collective Bargaining Agreement that the University and the FTNTT faculty unit will be able to support.
  • The next bargaining sessions are scheduled for November 27 and 29, 2012

Posted October 25, 2012

  • Since October 3rd, the University and AAUP-KSU met for two bargaining sessions.
  • At the first session on October 16th , the University made a counter proposal on the Article which governs Appointments: Terms, Conditions and Renewals. AAUP-KSU made a counter proposal on a new Article on Professional Development.
  • At the session on October 25th, AAUP-KSU made a salary proposal which included salary increases that are significantly above the amounts that the University has provided to other employee groups. The salary increases that AAUP-KSU proposed are the same dollar amount per faculty member rather than a percentage across-the-board. The proposal also included increases to the minimum salaries for FTNTT faculty members. This proposal combined with the decrease in workload that was previously proposed by AAUP-KSU would result in a substantial financial burden for the University.
  • The University is currently reviewing AAUP-KSU’s salary proposal and is preparing to make a response at the next bargaining session.
  • Future bargaining sessions have been scheduled for November 1, 27 and 29, 2012.

Posted October 3, 2012

  • The University and AAUP-KSU met today to continue negotiating a successor agreement for the full-time non-tenure track faculty. (The parties agreed to cancel the session previously-scheduled for September 26th.)
  • The University presented counter proposals on Governance and Faculty Workload.
  • AAUP-KSU presented counter proposals on Intellectual Property, Distance Education and Recognition, Dues Deduction and Association Rights.
  • On October 2nd, Provost Diacon sent an update to all management personnel on the status of negotiations with the FTNTT faculty. The Provost’s update outlines some of the issues that remain unresolved. The complete update can be viewed here.
  • The bargaining teams have spent considerable time discussing many issues. The university is committed to reaching a mutually acceptable successor agreement as soon as possible.
  • To keep the bargaining process moving, the University accepted five of the six dates for bargaining sessions proposed by AAUP-KSU. Bargaining will continue on October 11, 16, 17, 24 and 25.

Posted September 13, 2012

  • The University and AAUP-KSU had another bargaining session today concerning a successor agreement with the full-time non-tenure track faculty unit.
  • The University’s Collective Bargaining Agreement with the full-time non-tenure track faculty unit expired on August 16, 2012. That Agreement states the following: “Until a ratified agreement is secured, the provisional contract shall be at the same salary and benefits levels as were in effect during the preceding academic year.” Therefore, as required by the CBA, this year full-time non-tenure track faculty members will continue to be paid at the same salary and benefits that were in place for academic year 2011-2012 until a successor agreement is approved by both the University and AAUP-KSU.
  • At today’s session, AAUP-KSU presented counter proposals on Governance and Role in the Academic Unit and Faculty Workload. Both proposals included some significant changes.
  • For example, AAUP-KSU’s counter proposal on governance eliminated the Non-tenure Track Provost’s Advisory Council (NPAC) which currently advises the Provost on a variety of issues and replacing it with the Professional Development Excellence Award Council (PDEAC) whose sole responsibility would be to advise the Provost on the distribution of Professional Development Excellence Pool Awards. In addition, AAUP-KSU has proposed that the oversight of the elections for this new committee rest solely with the Unit President. The University does not support this diminishment of the role of FTNTT faculty members in the governance process at the Provost’s level.
  • AAUP-KSU’s counter proposal on workload includes some provisions that would conflict with the Collective Bargaining Agreement between the University and the full-time tenure-track faculty unit. The proposal seeks expanded priority for summer assignments, priority for office space, and priority for course assignments in preferred buildings. AAUP-KSU has also proposed the Joint NTT/KSU Study Committee, which is the equivalent of a Labor Management Committee and made up of equal numbers of administrators appointed by the University and faculty members appointed by AAUP-KSU to address issues of faculty workload in the event of a dispute. The University does not believe that Joint NTT/KSU Study Committee has the appropriate status based on its charge or adequate disciplinary expertise to make recommendations on faculty workload issues and disputes.
  • The University is working on responses to various AAUP-KSU proposals and counter proposals. The next bargaining session is scheduled September 26, 2012.

Posted September 6, 2012

  • This posting covers the bargaining sessions that were held on August 29, 2012 and September 6, 2012.
  • At the bargaining session on August 29th, the parties reached tentative agreement on the Grievance Procedure. A copy of the tentative agreement on this Article can be viewed here.
  • Also at that session, the University presented a counter proposal on Nondiscrimination. The University’s counter proposal removed “identity as a non-tenure track faculty” from the list of protected categories that were proposed by AAUP-KSU. The University’s counter proposal is consistent with University policy and the provision on nondiscrimination in the collective bargaining agreement for the the full-time tenured and tenure-track faculty.
  • AAUP-KSU presented a counter proposal on Distance Education
  • Atthe conclusion of this session, the parties reviewed the status of all Articles of the CBA that are still under discussion and indicated which Articles that they intended to present at the next bargaining session.
  • At the bargaining session on September 6th, AAUP-KSU made a proposal on the Article which governs Appointments: Terms, Conditions and Renewals. The University made a counter proposal on Distance Education and Professional Development.
  • At the conclusion of this session the chief negotiators discussed some issues related to modifications of the transcript of the session held August 23, 2012.
  • The next bargaining sessions are scheduled for September 13 and 26, 2012.

Posted August 23, 2012

  • The University and AAUP-KSU continued bargaining today.
  • The parties reached tentative agreement on the Disciplinary Provision which can be viewed here.
  • AAUP-KSU presented counter proposals on Nondiscrimination and the Grievance Procedure.
  • The parties spent a lot of time discussing AAUP-KSU’s counter proposal on Nondiscrimination in which AAUP-KSU has requested to add “identity as a non-tenure track faculty member” as a protected category. The Nondiscrimination article currently in the collective bargaining agreement addresses protected categories that are identified by state and federal law and “identity as a non-tenure track faculty member” does not meet this definition.
  • The parties briefly discussed AAUP-KSU’s counter proposal on the Grievance Procedure and agreed that they would sign a tentative agreement on this article at the next bargaining session.
  • Lastly, the parties discussed University “swipe cards” and the replacement fee for those cards if they are lost.
  • The next bargaining sessions are scheduled for August 29 and September 6, 2012.

Posted August 15, 2012

  • The University and AAUP-KSU met today for another bargaining session.
  • The parties signed tentative agreements on three articles: Academic Freedom and Professional Responsibility which can be viewed here; No Strike, No Lockout which can be viewed here; and Miscellaneous which can be viewed here.
  • AAUP-KSU presented a counter proposal on Definitions and a new article on Professional Development. The proposal on Professional Development pulls items related to professional development from different sections of the current collective bargaining agreement and also includes some new provisions. AAUP-KSU is proposing a new committee to review applications for Professional Development Excellence Awards. These applications are currently reviewed with recommendations forwarded to the Provost by the Non-Tenure Track Provost’s Advisory Council (NPAC).
  • The University presented a counter proposal on the Disciplinary Provision which incorporated the AAUP-KSU’s request for notice prior to discipline being imposed with the condition that “when circumstances present a situation wherein the delaying of action could result in immediate harm to the University, the FTNTT faculty member or a member of the University community” the faculty member can be suspended immediately. After some discussion, the parties agreed that any suspension under this provision would be with pay and the parties plan to sign a tentative agreement on this article at the next session.
  • Lastly, in light of AAUP-KSU’s counter proposal on Definitions, the University asked about AAUP-KSU’s intentions concerning the faculty members at the College of Podiatric Medicine. AAUP-KSU indicated that they plan to file a petition for clarification of the bargaining unit with the State Employment Relations Board (SERB) and request that the KSU-CPM faculty be accreted into their bargaining unit. In this SERB clarification process, KSU-CPM faculty members would have no say in the determination of their status.
  • The next bargaining session is scheduled for August 21, 2012.

Posted August 7, 2012

  • The University and AAUP-KSU continued bargaining today.
  • The parties reached tentative agreement on the following articles:  Academic Freedom and Professional Responsibility; No Strike, No Lockout; and, Miscellaneous.  AAUP-KSU agreed to prepare these articles for signature at the next bargaining session.
  • At today’s session, AAUP-KSU presented counter proposals on the following articles:  Disciplinary Provision; Miscellaneous; and, Duration and Negotiation Procedure.
  • The University presented counter proposals on the following articles:  Definitions; Academic Freedom and Responsibility; Intellectual Property; No Strike, No Lockout; and, Fitness for Duty.
  • The parties focused the remainder of their discussion on several topics to include in this collective bargaining agreement or whether to address those topics as “me too” provisions which incorporate the applicable language from the collective bargaining agreement with the full-time tenured and tenure-track faculty.  So far, the parties have discussed this issue with respect to Intellectual Property and Fitness for Duty.  The University expects continued discussion of this issue at future bargaining sessions.
  • The current collective bargaining agreement for the full-time tenure-track faculty expires at 12:01 a.m. on August 16, 2012.  The appointments of continuing full-time non-tenure faculty members for academic year 2012-13 will be at the same salary and benefits as were in effect during academic year 2011-12 pending the outcome of negotiations.
  •  AAUP-KSU requested to cancel the session previously scheduled for August 9th.
  • Additional bargaining sessions are scheduled for August 15, 21 and 23, 2012.

Posted August 1, 2012

  • The University and AAUP-KSU met today for another bargaining session.
  • The parties exchanged various articles before today’s session. The University offered proposals on Article VIII (Faculty Workload), Article XII (Miscellaneous) and Article XIII (Duration and Negotiation Procedure). AAUP-KSU offered a proposal on a new, renumbered Article VII (Intellectual Property Rights).
  • AAUP-KSU's proposal on a new, renumbered Article VII (Intellectual Property Rights) copies language on intellectual property rights from the new Tentative Agreement between the University and the tenured/tenure-track faculty bargaining unit.
  • The University’s proposal on Article VIII (Faculty Workload) includes limitations on the total amount of overload and summer load FTNTT faculty members can be assigned and also requires FTNTT faculty members to seek approval from their home departments/campuses before accepting additional workload assignments, overload or summer assignments in other academic units and/or campuses. The University’s proposal on Article XIII (Duration and Negotiation Procedure) proposes a three-year agreement and a one-year agreed-upon extension so that the negotiation cycle of collective bargaining agreements administered by AAUP-KSU and the University would remain the same. The University’s proposal on Article XII (Miscellaneous) included some housekeeping changes that would make the Article consistent with several provisions in the Agreement with the tenured/tenure-track faculty.
  • At this session, the parties also reached their first tentative agreement on Article II (Management Rights). A copy of that tentative agreement can be viewed here.
  • The next bargaining session is scheduled for August 7, 2012, at which the University expects to present several counter proposals.

Posted July 25, 2012

  • The University and AAUP-KSU continued bargaining today.
  • AAUP-KSU proposals on Article III (Academic Freedom and Professional Responsibility), Article VI (Grievance Procedure) and a new Article (Definitions).
  • The University offered proposals on Article V (Governance and Role in Academic Unit), Article VI (Grievance Procedure) and Article VII (Disciplinary Provision).
  • After a caucus, the parties responded to questions about their proposals and addressed specific language changes and the rationale for various changes.
  • In Article V (Governance and Role in Academic Unit), the University has proposed moving oversight of the nominations and election process for the Non-Tenure Track Provost’s Advisory Council (NPAC) to the Colleges, for the Kent Campus representatives, and the Provost (or designee) for the Regional Campus representative.
  • So far, the parties have presented proposals for 9 of the 13 Articles in the current Collective Bargaining Agreement and are planning to present additional proposals next week.
  • The next bargaining session is scheduled for August 1, 2012. Additional sessions are scheduled for August 7th and 9th.

Posted July 24, 2012

  • The University and the AAUP-KSU (FTNTT Unit) met today for a bargaining session.
  • The parties exchanged several proposals prior to the meeting.
  • AAUP-KSU offered proposals on Article I (Recognition, Dues Deduction and Association Rights), Article VII (Disciplinary Provision) and Article XI (No Strike, No Lockout). The proposals included some substantive revisions and some “housekeeping” changes.
  • The University offered proposals on the Preamble, Article I (Recognition, Dues Deduction and Association Rights), Article II (Management Rights) and Article IV (Discrimination). Most of the changes in the University’s proposals involve language revisions which bring the FTNTT agreement into compliance with similar provisions in the collective bargaining agreement that governs the University’s tenured and tenure-track faculty. The University’s proposal on Article I specifically excludes administrators, faculty and staff at the College of Podiatric Medicine from the FTNTT bargaining unit.
  • After a caucus, the parties responded to questions about each other’s proposals and provided clarification, as needed.
  • The next bargaining session is scheduled for July 25, 2012.

Posted July 12, 2012

  • The University and the full-time non-tenure track faculty (FTNTT) unit of AAUP-KSU met today for their first bargaining session.
  • The bargaining teams exchanged a list of Articles from the current Collective Bargaining Agreement to which they intend to propose revisions. The parties indicated that the issues will range from minor housekeeping items to substantive economic and non-economic issues.
  • The current Collective Bargaining Agreement with the FTNTT unit is scheduled to expire at 12:01 a.m. on August 16, 2012.
  • Future bargaining sessions have been scheduled for July 24, 25, August 1, 7 and 9, 2012. Updates will be posted to this website regularly during the bargaining process.

Posted April 30, 2012

  • The Collective Bargaining Agreement (CBA) between the University and the FTNTT Unit will expire at 12:01 A.M. on August 16, 2012.
  • On April 16, 2012, the Full-time Non-tenure Track Faculty (FTNTT) Bargaining Unit of the Kent State Chapter of the American Association of University Professors (AAUP-KSU) filed a Notice to Negotiate with the State Employment Relations Board (SERB). A copy of the notice can be viewed here.
  • SERB acknowledged receipt of the Notice to Negotiate on April 27, 2012. A copy of the acknowledgment can be viewed here.
  • Subsequent to the University’s receipt of a Notice to Negotiate, the CBA requires that the University and representatives of the FTNTT Unit meet within fifteen days. To comply with this provision, the University met with representatives of the FTNTT Unit on April 27, 2012 to discuss the upcoming negotiations.
  • After the FTNTT Unit provides the University with a list of its bargaining team members, the parties will determine a starting date for negotiations. The University’s bargaining team will include Dr. Denise Seachrist, Director of the School of Music; Robert Sines, Interim Dean of the Trumbull Campus; Sue Averill, Associate Provost for Faculty Affairs; and, as Chief Negotiator, James D. Kurek, Esq.
  • Management personnel should check this website over the next few months for the most current information about collective bargaining with the full-time non-tenure track faculty.
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