March 15 notices: How to fight them and FAQs

Posted on January 28, 2021 by AFT 2121

Chancellor Vurdien’s announcement last Friday of his intent to submit “March 15th” notices was a punch in the gut. Many of us are angry and suffering, but we must remember that we have power and hope when we act together. We are a union that has demonstrated over and over again that when we fight back as a unified front, we win. We saved our college from collapse in the 2012 accreditation crisis. We won Free City in 2016, and more recently, in our COVID-19 Impacts Bargaining Sessions, we won a significant extension of medical benefits to Part-Time faculty (see our earlier blast for details). We are committed to making CCSF a high-quality and accessible college for our entire community, and we urge you to become an active part of this fight.

Members have been asking important questions. We’ve answered many of them below. But answers to some of the questions will come down to the work we do together. The administration would like you to feel hopeless and afraid: that was their strategy with Friday’s email. We have the power when we work together to put public pressure on key decision makers —at the college, city, state, and national level— to bring the revenue, humanity, and common sense our community and our college deserve. Whether you’re part-time or full-time, at the beginning of your career or near the end of it, now is the time to get engaged and to start by taking the following actions:

Fill out your bargaining survey. If you can’t find yours, ask your precinct rep for one.
Take a picture of yourself wearing an AFT 2121 t-shirt (if you have one) and holding a sign with this message: “SF’s COVID recovery depends on educators. Underfunding is the enemy. #SaveOurCCSF” Post it on your social media, and send us your picture and we’ll also post it on our social media: aft@aft2121.org
Come to our next Delegate Assembly on Tuesday, February 16th, from 3-5pm on Zoom to discuss the next steps in our campaign to protect our college.

FAQS:

The District has announced the intent to issue March 15th notices- what happens now?
1. ASAP: Faculty review and verify and/or dispute the information on the seniority lists. (Seniority date and Faculty Service Area.) Write to HR at facultyseniority@ccsf.edu if you have questions.Corrections can be submitted on their form.
2. March 15 or earlier (or following Monday if 15th falls on weekend): Tenured or Tenure-track faculty are given (in person or by certified mail) a written notice (a.k.a “pink slip”) that their services will not be needed for the following academic year.
  
  Within 7 days of receiving a pink slip, you may request a layoff hearing.
3. Before May 7 (unless the employee agrees to a later date): If requested, a layoff hearing will be held by an Administrative Law Judge (ALJ) who works for the California Office of Administrative Hearings who shall give the district and the employee a recommended decision by May 7. AFT can work with union members to provide representation.
4. Before May 15: The Board of Trustees must review the ALJ’s recommended decision and decide whether to adjust layoffs accordingly.
5. By May 15: Final notices of layoff must be given to the employee. If there is no final layoff notice served, the employee still has a job the following year.
What is a March 15th notice?
Before March 15 the district must issue March 15thnotices, also known as “pink slips.” This is not a layoff, this is notice that you may be subject to layoff.
Are they required to send March 15 notices by mail? Or can they do it electronically?
By law, the March 15 notices must be delivered by certified mail or in person.
Will there be a list of people who received pink slips?
Yes, both the District and AFT will have a list of those who receive March 15th notices.
Are counselors, librarians and faculty in non-instructional assignments subject to pink slips?
Yes. The process is the same for all tenured and tenure-track faculty.
I am tenure track and/or just acquired tenure this year – how will layoffs affect me?
Tenured and tenure track faculty are subject to the same process for the purpose of layoffs, governed by their seniority and Faculty Service Area(s).
If I receive a May 15 layoff, when will my employment, pay and benefits end? And will there be things like severance?
Your employment will end on the last day of the academic year in which you receive the layoff notice. For most full-time faculty, that’s June 30th. Any post-employment benefits, such as a continuation of health and welfare benefits or severance pay would be the result of a negotiated agreement between the District and AFT.
Will AFT 2121 represent me in the layoffs process?
If you are a member of AFT2121, your union will provide representation during the layoff process, including your layoff hearing.
How is hire date and seniority established?
Seniority date is defined by the Education Code as the “first date of paid service in a probationary position.” Ed. Code section 87414. Hire date is the date of initial hire which could include part-time hiring or categorical hiring which do not count towards “probationary service.”
What are lottery numbers? How do we know if they are accurate?
Lottery numbers are only relevant for those faculty in the same Faculty Service Area(s) with the same seniority date. The numbers are drawn and assigned randomly (by lottery). You may have hiring paperwork that provides your number.

If you believe your lottery number is incorrect, notify the District. There will be multiple opportunities prior to May 15th to dispute a lottery number; AFT will work with those who receive notices on any lottery number disputes.
What are Faculty Service Areas (FSAs)? How do I verify HR has FSAs correct?
Tenured and tenure-track faculty work in Faculty Service Areas (FSAs) defined by the State. Many FSAs are the same as our departments. In the case of layoffs, tenured and tenure-track faculty are prioritized by seniority and have the legal right to assignment within their FSAs, if assignments are available. See our FSA page for more information.

Check the FSAs that HR lists for you. Identify if you dispute the FSAs listed, notify HR and HR will engage you in a process. Note that there will be other opportunities between March 15th and May 15th to dispute the District’s assertions concerning your FSA(s) with AFT’s support.
Is home department automatically part of FSA? I think I may qualify for other faculty service areas beyond my primary FSA- what can I do?
Every faculty member has “primary” FSA established at the time of hire which typically corresponds with your home department.

Faculty may also petition for “secondary” service areas. If you think you meet the competency criteria for more FSAs, it’s not too late to apply. Please submit your application to the District by February 15, 2021.

See our FSA page for more information.
Who in HR should I direct questions to?
faultyseniority@ccsf.edu . Corrections can be submitted on their form.
I’m a few years from retirement eligibility, will a layoff prevent me from retiring?
No, you do not forfeit your pension or your right to retire from CALSTRS because of a layoff; however, all the CALSTRS rules around eligibility, etc. still apply. Please contact CALSTRS for more information.
I am on a sabbatical- what happens to my obligations to the District if I get laid off?What happens depends on when the sabbatical leave ends. For example, if the sabbatical leave ends at the end of the academic year, then nothing should happen as the leave ends at the same time as employment. If the sabbatical is scheduled for next academic year, then it’s similarly a non-issue. The complicated scenario is one in which part of the sabbatical leave extends past employment. If anyone is in that situation, AFT can negotiate.
If a current full-timer is laid off — what will their status be for part-time teaching assignments?
The full-timer has a preferred right to reemployment based on seniority for any position, including part-time assignments, for which they meet the minimum qualifications and are competent to render service. Ed. Code section 87744(a).
How do the layoffs impact the assignment of PTers?
PTers may be bumped by FT faculty and more senior employees who meet the minimum qualifications and District competency criteria. Ed. Code section 87743.
Can a PTer be retained to teach something that a FT faculty member who is laid off is qualified to teach?
No, if the FT faculty member is qualified to teach the class, they will have priority over the PTer for the class based on the FT faculty member’s tenured status and seniority. PT faculty can be assigned only if no FT faculty is qualified and available for that particular assignment.
Who will be rehired if/when positions are restored? Does this include tenure track faculty?
For 39 months from the date of the termination, tenured full-timers have a preferred right to reappointment, in order of seniority, for any available positions they are qualified for. This includes PT assignments. Ed. Code section 87744.

For 24 months from the date of termination, tenure track faculty have a preferred right to reappointment subject to the rights to reappointment by all full-timers, in order of seniority, for any remaining positions they are qualified for. This includes PT assignments. Rehired tenure track faculty would resume the tenure process upon rehire. Ed. Code section 87745.
How do March 15th layoff notices impact PT faculty?
The notices themselves have no direct impact on PT faculty. However, they signal the District’s intent to make extreme cuts. For FT faculty to be laid off in any area, most PT faculty in that area will be laid off first. In addition, FT faculty who are laid off will have recall rights, making it even less likely that PT faculty will be re-assigned later.
What is the PT process for layoffs?
PT faculty are assigned by seniority and re-employment rights under article 13-1 if assignments are available. The college is not required to create assignments for faculty. The district is not required to issue pink slips, and they don’t refer to it as a “layoff”. Often PT faculty are informed a semester in advance as the schedule is being made, but assignments can also be added and cut at the last minute.