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March 12, 2010
Arbitrator Susan Mackenzie has found NYU's
administrators to be in violation of the adjunct faculty union contract by failing to comply with the reappointment procedures,
including providing termination pay to adjuncts. The arbitrator's decision reads in part: The Employer does violate Article X of the collective bargaining Agreement by precluding Adjunct
Instructors who meet the conditions precedent in Article X from eligibility for termination pay solely on the basis that they
continue to receive any appointment(s) to teach course(s). This is an important victory for all of us. We regard these
protections as a cornerstone to our job security. Over the life of the contract, the university has violated the contract
numerous times, but to date our local has prevailed in each dispute taken to arbitration - 11 so far.
NYU Termination Pay Workshops: Oct 5-6, 2011
Article X - Re-Appointment Procedures And Continued Service
A. Subject
to the provisions of paragraph B:
1. An employee with prior good performance as an eligible adjunct in the same
department of a School of the University for not fewer than six (6) consecutive semesters (exclusive of summer sessions)
during the three (3) academic year period immediately receding a re-appointment, shall be notified by that University department
no later than May 21 of appointment for both the following Fall and Spring semesters. Such notification of re-appointment
shall be subject to cancellation due to insufficiency of registration, course cancellation or changes in curriculum in each
semester. If such an employee is not re-appointed to an adjunct position for other reasons, he/she shall receive termination
pay equivalent to the monetary compensation he/she received for the most recent Fall and Spring semesters. By mutual agreement
between the adjunct and the department, in lieu of any termination pay, the adjunct may accept a terminal teaching assignment
for the Fall and Spring semesters.
2. An employee with prior good performance as an eligible adjunct in the same
department of a School of the University in either the Fall or Spring semesters for each of the six (6) consecutive academic
years immediately preceding a reappointment, shall be notified by that University department no later than May 21 of appointment
for one (1) semester in the following academic year. Such notification of re-appointment, shall be subject to cancellation
due to insufficiency of registration, course cancellation or changes in curriculum each semester. If such an employee is
not re-appointed to an adjunct position for other reasons, he/she shall receive termination pay equivalent to the monetary
compensation he/she received for the previous semester's appointment as an adjunct. By mutual agreement between the adjunct
and the department, in lieu of any termination pay, the adjunct may accept a terminal teaching assignment for one semester.
B. In order to be eligible and as a condition precedent to receiving re-appointment or termination pay under paragraph
A, an adjunct or part-time faculty member must notify the Chair of his/her department, or, in the absence of a Chair, other
appropriate University administrator, of his/her request to teach for the following academic year, and of his/her qualification
under the provisions of paragraph A. Such notification must be in writing and be received no later than the preceding December
15.
Re-appointment Issues - UAW Local 7902 (Adjuncts)
In
connection with the negotiation of the initial collective bargaining agreement, we are providing this letter at your request
to clarify certain items in Article X of the Agreement.
Previous Service
Qualifying service by an eligible
adjunct or part/time faculty member which occurred prior to the effective date of the collective bargaining agreement shall
be counted for purposes of Article X.
Observations
Adjunct or part-time faculty accepting a terminal teaching
assignment under Article X may, prior to the start date of the appointment, make a written request that his/her classroom
teaching be observed. Such requests will not be unreasonably denied.
Course Cancellations
If a course
assigned to an adjunct or part-time faculty member who is entitled to the May 21 notice of re-appointment is canceled due
to insufficiency of registration, course cancellation, or changes in curriculum and no other course is assigned for two
(2) consecutive academic years, the adjunct or part-time faculty member will receive termination pay under Article X.
If an adjunct or part-time faculty member who has prior good performance for five consecutive semesters (exclusive
of summer) and the appointment to the sixth semester (i.e., the Spring) is canceled, the adjunct may obtain the qualifying
sixth semester appointment if appointed to an eligible adjunct or part-time faculty position during the subsequent academic
year.
Academic Year
Unless otherwise specified, “academic year” means the University’s
traditional Fall and Spring semesters. An “academic year period” commences with the Fall semester and ends
with the Spring semester. For example, six (6) consecutive semesters of service (exclusive of summer semesters) during
a three (3) year academic period must commence in a Fall semester.
Adjunct Declining to Teach
An adjunct
who qualifies for the benefits in Article X, section (A) (1) and who has had appointments for ten (10) consecutive semesters,
may decline a re-appointment for one (1) academic year and still retain the privileges of Article X, section (A) (1).
An adjunct who qualifies for the benefits in Article X, section (A) (2) and who has taught in either the Fall or
Spring semesters for eight (8) consecutive semesters academic years, may decline a re-appointment for one (1) semester and
still retain the privileges of Article X, section (A) (2).
Individualized Instruction
The provisions of Article
X apply in the same manner to adjunct or part-time faculty, who meet the criteria for inclusion in the bargaining unit during
each applicable semester, in covered schools at the University.
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