ARTICLE 13 - Assignment and Scheduling

An assignment is the act of appointing a faculty member to a post or duty within his/her employment capacity in order to meet student and district requirements.

A. Pre-Assignment

1. Within each department, employees may, prior to each semester, on a form mutually agreed upon, submit to their immediate manager or designee their desires with respect to their instructional or instructionally-related programs including courses, hours and locations within the Department.

2. In the credit and noncredit program where it is determined and approved by management to be in the best interests of the educational program (instructional, counseling or librarian), a less than five day (i.e. four or three day) a week schedule shall be permitted. The primary intent of this provision is to provide an incentive for voluntary acceptance of evening, weekend, or split assignments.

3. Wherever possible, employees shall be notified in writing of their initial assignments at least four (4) weeks in advance of the assignments becoming effective.

B. Assignment

1. Assignments shall be made considering qualifications, affirmative action (See Article 4), seniority, job performance, special job-related skills and the needs of the District.

2. Assignments of both full-time and temporary part-time employees will be made, where possible, on a semester basis.

3. Assignments shall be made after consultation, wherever possible, prior to any new assignment at more than one site or campus.

4. The District shall consider submitted program requests in making assignments but cannot guarantee compliance.

5. Assignments shall be made by management or designee as required to fulfill educational offerings of the District and contractual obligations of District and unit members.

6. Schedule Deviations (See Article 18.G)

7. Split Assignments

7.1 Except where specifically requested by full-time faculty, split assignments shall be avoided for full-time faculty except to fulfill District needs.

7.2 Where split assignments occur, volunteers will be first considered.

7.3 Management will, where feasible, rotate any such split assignment on a semester basis.

8. Released time for faculty serving on District initiated committees may be granted by management, in its sole discretion.

C. Reassignment – A reassignment is a subsequent change in a full-time employee's initial assignment for part of a load or part of a semester not covered in Article 14.C (Emergency Transfer).

1. Management will solicit and make reasonable effort to find qualified volunteers prior to an involuntary reassignment, except where cancellation of classes or changes in program occur either prior to the beginning of a semester, or in the credit program prior to completion of the first census week, or in the noncredit program within four (4) weeks of the beginning of a class in the semester.

2. Reassignments shall not be made arbitrarily or capriciously; where requested in writing, the full-time employee shall be furnished, in writing, reason(s) for the involuntary reassignment.

3. Employee requests for voluntary reassignment shall be granted with mutual agreement between the District and the faculty member.

D. A part-time faculty member who has taught in the District at a particular load for at least four semesters and is not able to complete his/her assignment due to illness, personal emergency or death in the immediate family, will be given first consideration to return to the same workload when conditions permit, upon his/her written request.

E. When the services of a part-time faculty member are terminated for reasons other than lack of an available class assignment, such faculty member shall, upon written request made within 20 work days after notice of termination, receive a written statement of the reasons for termination. Reasons for termination may be appealed to the Provost and, if not satisfactorily resolved, then to the Chancellor or designee for final decision.

F. Full-time faculty members with split site assignments, exclusive of extra-pay overload, shall be reimbursed, in accordance with past practice, for approved expenditures of mileage, garage parking, bus/streetcar fares and bridge tolls, provided the employee submits the District "Field Expense Form" accompanied by all receipts prior to the fifth (5th) day of the month following the month in which the expenses were incurred.

G. Assignment of Overload and Overload Compensation In the District’s Automotive/Trade Skills Department

1. Automotive Department full-time faculty members are not entitled to a guaranteed overload/extra pay assignment.

2. Available overload/extra pay assignments, as determined by management, shall be made on a rotational basis among qualified Automotive faculty members, starting with the most senior qualified faculty member. Consistent with the Faculty Handbook, (1) overload assignments shall not exceed six hours per week of instruction, and (2) exceptions to this limitation require approval of the vice Chancellor of Academic Affairs and the appropriate Associate Vice Chancellor.

3. The District shall not include, and Automotive Department faculty members are not entitled to, any overload/extra pay in the computation of total compensation while Automotive Department faculty members are on sabbatical.

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ARTICLE 13-1 - Part Time Reemployment Preference

This procedure shall be applied only in those departments or subject areas in which seniority lists have been completed and finally approved by the Employee Relations Department, on behalf of the District, and by the Union, on behalf of all faculty within the discipline or subject area.

A. Reemployment Preference – If, at the time of original assignment, there is a reduction in the number of hours available to a currently employed temporary, part-time faculty member, then, within the faculty member's department or subject area, hours shall be reassigned to temporary, part-time faculty according to their seniority provided the following requirements are met:

1. Minimum Qualifications – The faculty member must possess the State determined minimum qualifications, or their formally granted equivalent, in the discipline or subject area of every course or non-classroom activity to which he or she is assigned.

1.1 Previously Granted Credentials – No mention of minimum qualifications herein shall disqualify a faculty member who has been teaching or serving under a previously granted credential.

2. Assignment Preference Form

2.1 In order to receive re-employment preference, temporary, part-time faculty must submit an assignment preference form prior to the time of original assignment.

3. Prior Assignment

3.1 Credit Courses and Noncredit DSP&S, Older Adults, Health and Safety, and Vocational Courses – For credit assignments, and noncredit assignments in DSP&S, Older Adults and vocational courses, every assignment must be to a course taught at least twice within the last ten (10) semesters. Assignment to specific sections may also require special job-related skills. Management or designee shall publicly list such sections in advance. Management or designee may deem courses within a department or subject area as equivalent to each other for application of this Article provided that such "equivalencies" are publicly listed in advance and consistently applied.

3.2 Other State-Funded Noncredit Areas – For faculty members with noncredit assignments in Consumer Education, Parenting, ESL, Citizenship Ed., or Transitional Studies including ABE/GED and Adult Learning Center, assignment must be to any course in their State-funded noncredit area. Assignment to specific sections may also require special job-related skills. Management or designee shall publicly list such sections in advance.

3.3 For Librarian assignments, assignment must be to an activity (e.g., cataloging, reference, acquisitions), assigned at least once within the last ten (10) semesters.

3.4 For Student Services, assignments must be to an activity and department assigned at least once within the last ten (10) semesters. However, specific assignments may also require special job-related skills.

4. Evaluation – Any assignment may be precluded if the most recent evaluation was unsatisfactory.

5. Unassigned Hours

5.1 Same Department – If hours are still available after all temporary, part-time assignments have been made for currently employed temporary, part-time faculty members in the department in accord with A.3, such hours may be assigned to currently employed temporary, part-time faculty in the department without regard to A.3.

5.2 Other Departments – Currently employed temporary, part-time faculty members may apply for unassigned hours which are available in other departments or subject areas and for which they possess the minimum qualifications, or their formally granted equivalent. With respect to these applications, the faculty member shall be interviewed for the assignment for which he/she applied.

B. Definitions – For purposes of this Article, the following definitions shall apply:

1. Time of Original Assignment – The time of original assignment is the day notice of assignment or non-assignment is given to all current temporary, part-time faculty within a department or subject area who previously submitted Assignment Preference Forms. For purposes of this article, notice is given when assignments are posted at the Adams, Alemany, Chinatown/North Beach, Downtown, Evans, Mission, Ocean, and Southeast campuses.

1.1 At time of posting, notices shall also be mailed first-class to the home addresses on Assignment Preference Forms.

2. Load for the Current Semester – Shall be determined without regard to reductions which were the result of course cancellations due to low enrollment or to fiscal cuts that occurred after the original assignment.

Departments that assign both credit and noncredit courses shall compute assignments, loads, etc. as proportions or percentages of a full-time load.

3. Reduction in the Number of Hours Available – A reduction in the number of hours available to a temporary, part-time faculty member shall be deemed to have occurred if, within a department or subject area, the number of hours offered is less than the faculty member's modal load for the most recent four (4) semesters assigned out of the last six (6) calendar semesters or, if there is no mode, the modal load for the most recent three (3) semesters assigned out of the last six calendar semesters or, if there is no mode, the median load for the most recent three (3) semesters assigned out of the last six (6) calendar semesters.

3.1 Modal Load – The modal load is the single most frequently occurring load in the distribution of loads assigned.

1. 60% 60% 40% 20% Mode = 60%
2. 60% 60% 40% 40% Mode = None
3. 67% 67% 40% 20% Mode = 67%
4. 67% 67% 40% 40% Mode = None
5. 67% 40% 20% 20% Mode = 20%
6. 67% 59% 55% 50% Mode = None
7.   67% 40% 40% Mode = 40%
8.   67% 40% 20% Mode = None
9.   40% 20% 20% Mode = 20%
10.   59% 55% 50% Mode = None

3.2 Median Load – The median load is that load among the distribution of loads assigned which has an equal number of loads above and below.

1. 60% 40% 20% Median = 40%
2. 67% 40% 20% Median = 40%
3. 55% 59% 50% Median = 55%
4. 67% 50% 20% Median = 50%

4. Noncredit Assignments – For purposes of determining minimum qualifications for noncredit assignments, discipline or subject area includes, but is not limited to, each of the nine (9) State-funded noncredit areas. (Ref. Education Code Section 84757)

5. Seniority – Seniority shall be defined as the total number of semesters of academic service as a temporary faculty member and shall be determined in accordance with Article 20.C.2.1.1 and 20.C.2.1.3. Faculty members who achieved modal loads in more than one department, discipline, or subject area are eligible for assignments in those departments, disciplines, or subject areas.

5.1 Ties – In case of equal seniority between two or more faculty members, seniority shall be determined by the drawing of lots.

6. Current Employee – Except as specifically provided below, a temporary, part-time faculty member shall only be considered a current employee if he/she has an assignment during the semester in which assignments are made or, if assignments are made after the semester ends, if he/she had an assignment in the prior semester. Temporary, part-time faculty members who have regular assignments in alternate semesters shall also be considered current employees, even in semesters for which they are not assigned, provided all other requirements of this Article are met.

C. Overload – With respect to the previous semester, the proportionate reduction in the number of temporary, part-time hours in a discipline or subject area shall generally not exceed the proportionate reduction in the number of overload hours assigned to unit members in that discipline or subject area. For example, if the department, in the previous semester, scheduled 30 hours taught by hourly and 21 hours taught as overload (51 hours total) and only 30 hours are currently available to be scheduled, a proportionate reduction is to schedule 59% (30 ÷ 51 = 59%) of previous hours so that 17.7 hours would be scheduled as hourly. Rounding would yield 18 hours hourly and 12 hours overload. Exceptions to this rule may be justified when course hours cannot be split (i.e., a 3-hour assignment is one unit, not three separate hours).

If, for further example, only 6 hours were previously assigned to overload while 60 hours were assigned to hourly, while the department currently has only 24 hours to assign 36% (24 ÷ 66 = 36%), 2.16 hours would go to overload while 21.6 hours would go to hourly. Rounding would yield 2 and 22, but if the department has 3-hour courses, the final result would be 3 hours overload and 21 hourly, rather than zero hours overload and 24 hourly, because zero hours overload would be a 100% reduction rather than 64%.

D. Grievance Procedure

1. Purpose – To provide an orderly procedure for reviewing and resolving grievances promptly and at the lowest administrative level possible. This shall be the exclusive procedure by which grievances arising under the Part-time Reemployment Preference Article may be resolved.

2. Definitions – For purposes of this Part-time Reemployment Preference Article, the following definitions shall apply.

2.1 Grievance – A formal written allegation by a grievant that the grievant has been adversely affected by a violation of a specific provision of this Article.

2.2 Grievant – Any individual temporary, part-time (or categorical) unit member who believes his/her preference to an assignment under this Article has been violated.

2.3 Day – Any day on which the central administrative office of the District is regularly open for business.

3. Time Limits

3.1 Grievant who fails to comply with the established time limits at any step shall forfeit all rights for that grievance to further application of this Grievance Procedure.

3.2 Time is of the essence in all processing of grievances.

3.3 Time limits and steps may be waived by mutual agreement.

4. Procedural Steps

4.1 Informal Level – Within seven (7) days of the Time of Original Assignment, as defined in 13-1.B.1, the employee shall discuss any alleged violation(s) of this Article with the person making the assignment.

4.2 Formal Level – If a satisfactory resolution is not reached within seven (7) days of the Time of Original Assignment, the employee shall present, within three (3) days thereafter on the "Reemployment Preference Grievance Form" attached hereto as Exhibit E-2, the grievance in writing to the Reemployment Preference Committee (hereinafter "the Committee").

4.2.1 Membership and Rules of the Committee – The Union and the District shall each appoint two persons to serve on the Committee. Only members of the Committee shall attend its meetings. A quorum of three members is necessary to conduct Committee work. The time and day of any meetings of the Committee shall be by mutual agreement between the Union and the District.

4.2.2 Resolution by the Committee – The Committee shall, within ten (10) days of the presentation of a grievance, review and issue any resolution it reaches. Committee decisions shall be reached by consensus, which shall be deemed to occur whenever three (3) members of the Committee sign a written statement of resolution. Resolutions reached by the Committee shall be final and binding on all parties.

4.2.3 Remedies Available to the Committee – The Committee shall have no power to modify or exceed the remedies available under this Article, as set forth below in 13-1.E.

5. Arbitration

5.1 When no consensus is reached by the Committee within ten (10) days after presentation of a grievance, the Union may, upon written notice to the Chancellor's Designee within ten (10) days thereafter, submit the grievance to arbitration under, and in accordance with, the American Arbitration Association's rules then in effect governing expedited arbitration.

5.1.1 In the event the Union elects to submit more than one grievance from a particular department or subject area to arbitration, then all such grievances shall be submitted and decided in one hearing before the same arbitrator.

5.2 Power of the Arbitrator – It shall be the function of the arbitrator, and he/she is empowered except as his/her powers are herein limited, after investigation and hearings, to make a decision in cases of alleged violation of the Part-time Reemployment Preference Article and, in cases where a violation is found, to assign a remedy in accordance with Section E, below. When any matter is submitted to an arbitrator hereunder, the sole issue to be decided shall be: "Is there a less senior temporary, part-time unit member with an assignment in the department or subject area for which the grievant was qualified and was entitled to preference under this Article?"

5.3 The arbitrator shall have no power to:

5.3.1 Add to, subtract from, disregard, alter or modify any of the terms of this Article.

5.3.2 Consider the alleged violation of any provision or matter lying outside of the Part-time Reemployment Preference Article.

5.3.3 Modify or exceed the remedies available under this Article, as set forth below in 13-1.E.

5.3.4 Consider any evidence of past practice including, but not limited to, prior deliberations or resolutions of the Committee relating to present Grievance or any other matter.

5.3.5 Determine that more than one grievant has preference with respect to a particular assignment within a department or subject area.

5.4 Where any grievance is appealed to an arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits.

5.5 The decision of the arbitrator shall be final and binding on all parties.

5.6 All fees and expenses of the arbitrator shall be shared equally by the District and the Union. All other expenses shall be borne by the incurring party, and neither party shall be responsible for the expense of any witness called by the other.

E. Remedy – When preference to an assignment under this Article has been improperly denied, the Grievant shall be entitled to treatment in the subsequent semester as if the appropriate assignment had been made (i.e. semesters of service, mode, median, current status). In addition, one of the following remedies shall be granted:

1. Provided that the remedy can be implemented prior to the beginning of the assignment to which preference was denied, the Grievant shall receive the percentage of a full-time load he/she would have received but for the improper application of this Article; provided, however, the specific assignment shall be determined by the District in accordance with the Contract.

2. When the remedy is not implemented prior to the beginning of the assignment to which preference was denied, the remedy shall be limited to the following:

2.1 Continuation of medical benefits at the District's expense provided the grievant was eligible for and received such benefits in the prior semester; and further provided that the cost of dependent care benefits, if any, shall be paid in accord with Article 21.B.3.1.1.

2.2 Assignments in subsequent semester(s), in addition to any assignment to which the Grievant may otherwise have preference under this Article, until the missed assignment has been worked, provided an assignment is available for which the Grievant is qualified; and further provided that, in no event, shall such assignment(s) together with all other assignments received by the Grievant exceed 67% of a full-time load within an academic year.

F. Exceptions – This Article shall not apply with respect to the following:

1. Site supervision or non-departmental laboratory assignments.

2. Contract Education and Community Services assignments, provided, however, that Contract Education assignments in existing subject areas or departments shall be considered in determining modal and median load under this Article.

3. A temporary, part-time faculty member with four or fewer semesters of service unless he/she has been evaluated as satisfactory.

4. A temporary, part-time faculty member whose services are terminated for reasons other than lack of an available assignment. (Ref. Article 13.E)

5. Overload assignments to courses not taught by hourly faculty twice in the last ten (10) semesters will be excluded from consideration in C.

6. Retired faculty re-employed as faculty, whether previously employed as full-time or as temporary, part-time.

7. Graduate students hired on or after July 1, 1997, as faculty interns; other temporary hourly faculty hired on or after July 1, 1997, on an emergency basis; and all other temporary hourly faculty hired on or after July 1, 1997, whose hiring was not through the usual process. This exclusion does not apply to any faculty under this section who are subsequently selected for employment under established hiring procedures.

G. Part-time employees are ineligible for leave under Article 17.Q, Family Medical Leave. However, part-time employees who are unable to work part or all of their assignment, due to an event for which leave is granted to eligible employees under Article 17.Q, shall be considered current employees within the meaning of Article 13-1.B.6 from the date they become unavailable for employment, until the conclusion of the next complete semester. Verification of the qualifying condition or event causing them to be unavailable for employment shall be provided by the employee in the manner specified in Article 17.Q. Part-time employees under this section shall accrue additional semesters of service only in accordance with Article 20.C.2. Part-time employees unavailable for employment under this section shall retain eligibility for the same modal load for assignment purposes that they had prior to the time they stopped working. Part-time employees may use the procedure provided in this section no more than once in any twenty-four-month period running backwards from the date the rights under this section are first invoked.

H. Break in Service

Effective Academic year 2006-2007, a break in service for purposes of reemployment preference shall be defined as absence for a period of more than four consecutive semesters (a one-month grace period shall be given). Following such break in service, the employee must reapply for and be placed on the part-time pool list for the department or subject area in order to be eligible for reemployment. Modal or median load must be reestablished and will be based on the employee’s assigned load for semesters of service following the break in service.

I. Recall

1. Temporary part time faculty who have acquired a reemployment preference under this article and who are not currently employed due to a lack of available hours shall retain their reemployment preference right under this article for up to four (4) semesters.

2. Temporary part time faculty who wish to invoke their right under this recall provision shall notify their Department Chair in writing as soon as possible, and no later than the first week of instruction that they wish to be considered for future assignments in the next semester. The notification will include information as to where the Department Chair may send a preference form. Renotification is required each succeeding semester in which faculty seek to invoke their recall right.

3. Department Chairs will provide a preference form to temporary part time faculty who have complied with the notification requirement. Part time faculty are required to turn in their preference form in the same manner and by the same deadline as current employees.

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OPEIU248:3AFL-CIO