Article-by-Article Summary of Unit 17 Tentative Agreement

To Unit 17 –

Below please find an article-by-article summary of the changes to the librarian contract negotiated in successor bargaining for the Unit 17 Memorandum of Understanding (MOU). A ratification vote will be held at all campuses during the week of March 31-April 4. There will also be a mail ballot option for those unable to vote on their campus. Only union MEMBERS can vote.

Please recall that the negotiations in this round of bargaining are not yet concluded. As Chief Negotiator Mike Rotkin explained in his message to the Unit last week, as part of the current Tentative Agreement, negotiations over ECONOMIC issues have been deferred until one month after the settlement of the State budget for 2008. The articles that will be the subject of these deferred negotiations (likely in Fall 2008) are:

Article 3 – Professional Activities and Development
Article 12 – Librarian Compensation (Salary)
Article 13 – University Benefits (Sections D and F only – proposals for childcare subsidy and discounted rates for campus recreational facilities.
Article 14 – Fee Waiver
Appendix A-1 – Librarian Series Salary Scales

What follows is an explanation of the NON-ECONOMIC changes to the Unit 17 contract that are CURRENTLY proposed for ratification by the union membership. You will see both large changes and smaller modifications and clarifications detailed below. Please pay special attention to the new workload language in discussed in the summaries of Article 6 (Assignments, Transfers, and Reassignments) and the new article on “Flexible Work Arrangements.” For an explanation of the terms of the deferral of bargaining over economic issues, please see Article 30.C. (Duration) and the Side Letter on Librarian Compensation.

The revised Articles and new Articles will be posted on the web in PDF format so you can review the exact language proposed for ratification. If you look at these PDF files, which are the original tentative agreements signed by the University and UC-AFT negotiators, please recall that old language is struck through and new language is underlined. We will be sending out the links to these files shortly.

Article 1 – Recognition

1. New language clarifying the process to be followed when the University creates a new unit title/title code, or seeks to move an existing title/title code, position, or individual out of the unit. UC must now give notice to UC-AFT of the proposed action 45 days prior to implementation. If there is a dispute about the proposed action, the parties have a 30-day window to meet and discuss. If there is still no agreement, all cases go to PERB (the state agency that administers higher education collective bargaining) for resolution. (1.D. and E.) In cases where the University proposes to remove a position or indivual from the unit, the position or individual stays in the unit until the parties come to agreement or until the conclusion of the PERB unit modification process.

2. New language requiring the University to notify UC-AFT and meet and discuss when it creates a non-librarian position in a University library and the position requires a MLS or equivalent library degree. (1.F.)

3. Elimination of Hourly Intermittent Librarian title code. (1.H.)

Article 2 – Nondiscrimination

1. Elimination of any restriction on grievance and arbitration rights for complaints brought under this Article. (2.A.)

2. Clarification of University’s duty to comply with all applicable federal and state non-discrimination laws. (2.B.1.)

3. Significant expansion of protections through incorporation of relevant APM-035 language formerly in Appendix E.1. Addition of new language that protects librarians from sexual harassment and retaliation. (2.B.2 and 3.)

Article 4 – Process for Merit Increase, Promotion, and Career Status

1. The current peer review process with existing rank/step system and historical role of LAUC in local campus procedures is maintained.

2. Librarians now can self-initiate accelerated reviews. Addresses problem at some campuses where supervisors refused to honor librarians’ requests for accelerated reviews. If a librarian makes the request, they must receive the accelerated review. (4.C.5.)

3. Clarification that, upon the request of review candidate, request, the UL must provide a written statement of the reasons for the final administrative decision. (4.C.20.)

Article 6 – Assignments, Transfers, and Reassignments

1. Incorporation of new language on workload in new language on “General Principles” and “Assignments.” (6.A. and B.)

2. Statement of the general principle that “Professional librarians should not be subjected to unreasonable or excessive workload demands.” (6.A.)

3. New requirement that University must provide written statements of responsibility to librarians. Statements of responsibility will be reviewed by the librarian and his/her supervisor within 30 days of date of hire and at the commencement of each review period. Librarians must sign off on the document. If significant permanent or interim duties are added to a position during a review period, the new duties must be reduced to writing and added to the existing statement of responsibility and the librarian must sign off on the amended statement of responsibility. (6.B.1, 2,, and 3.)

4. If a librarian thinks that his or her assignments are unreasonable or excessive, he/she should confer with his/her supervisor. If issues still remain, the librarian may appeal to the next level of supervision. A record of the appeal and the outcome shall be included in the librarian’s personnel file. (6.B.4.)

5. In cases of involuntary transfer, the University must offer to meet with the affected librarian prior to the change and the University will consider alternatives to the proposed change. (6.D.2.)

6. The union has full grievance and arbitration rights for alleged violations of this Article.

Article 13 – University Benefits

1. Updates and clarifies the appendix that lists University benefits available to librarians. (13.B.)

Article 16 – Management Rights

1. Clarifies that management rights can be subject to grievance and/or arbitration when the exercise of managerial authority violates a provision of the MOU. (16.D.)

Article 17 – Temporary Appointees

1. Clarifies requirement that temporary appointees on soft money grants must undergo regular reviews for merit and promotion when their appointments are extended for more than two years. (17.A.2.)

Article 18 – Leaves of Absence

1. Adds requirement that University decisions about requests for leave with pay to attend professions meetings shall be timely and communicated to the librarian in writing. If a request for leave with pay to attend a professional meeting is denied, the reason for the denial cannot be arbitrary, capricious, or unreasonable. (18.E.4.)

Article 20 – Vacation

1. Maintains current language on holiday closures. (20.B.4.) A Side Letter sets up meetings at UCLA between UCOP, UCLA, and UC-AFT to discuss the alternative arrangements available at that campus and the work that counts towards time off during the holiday closure period at UCLA. The first meeting will take place on March 20, 2008.

Article 21 – Holidays

1. New language states that if a librarian required to work on an administrative holiday, he/she shall receive another day off with pay (versus prior language that librarian would receive time off equivalent to time worked.) (21.A.2.)

Article 24 – Grievance Procedure

1. Extension of filing deadline for grievances to 45 days from 30 days from the date of the event or action that gave rise to the complaint. (24.A.4.a.)

2. New avenue for processing grievances that involve systemwide issues at Office of the President. (24.A.4.a.)

3. Grievances now may be filed by fax. (24.A.4.c.)

4. Librarians may be represented at grievance meetings by one other librarian AND a UC-AFT staff member. (24.A.6.b.)

5. Section F. will be modified to account for movement into the MOU of the of alternative dispute resolution process formerly in Appendix E.II.

Article 28 – Waiver

1. Elimination of Section B, because of incorporation of language of Appendix E (relevant sections of APM) into new articles in the MOU (see below for explanation of contents of each new article).

2. Maintenance of historical role of LAUC with respect to local policies and procedures involving peer review, the allocation of Professional Development funds, and other matters not covered by the MOU or subject to negotiations with UC-AFT. (new 28.B.)

Article 29 – Medical Separation

1. Clarifies University’s legal duty to consider reasonable accommodations for librarians with medical conditions or disabilities when the University is considering implementation of the medical separation process. See also New Article, Reasonable Accommodation.

Article 30 — Duration

1. Sets term of MOU – this MOU will expire on September 30, 2011. (30.A.)

2. Specifies terms of “deferred successor bargaining” – states that bargaining over economic issues will resume one month after final adoption of the state budget and designates which Articles will once again be open. Clarifies that UC-AFT has the right to strike after exhaustion of impasse procedures. (30.C.)

3. Sets up reopener bargaining over salary and one other article for each side one year after settlement of deferred successor bargaining. Sets up second reopener for salary only two years after conclusion of deferred successor bargaining. Clarifies that UC-AFT has right to strike after exhaustion of impasse procedures. (30.D)

4. Sets up process for successor negotiations in 2011. (30.E.)

New Article – Appointment, Merit Increase, Promotion, Career Status Actions

1. Creates a new MOU article from language formerly in Appendix E.III (relevant sections of APM-210). Now, University may only change the instructions to review committees for members of the Librarian Series contained in the article through the regular bargaining process (as opposed to prior right to attempt to effect changes with one month’s notice). Complaints arising from this article may be heard under the Alternative Dispute Resolution process contained in the new ADR article (see below).

New Article – Definition, Criteria and Terms of Service for Appointments and Promotions

1. Creates a new MOU article from language formerly in Appendix E.IV (relevant sections of APM-360). Now, University may only change the definition of the Librarian Series, the criteria for merit increase and promotion, and the terms of service contained in the article through the regular bargaining process (as opposed to prior right to attempt to effect changes with one month’s notice). Complaints arising from this article may be heard under the Alternative Dispute Resolution process contained in the new ADR article (see below).

New Article – Alternative Dispute Resolution Process

1. Creates a new MOU article from language formerly in Appendix E.II (relevant sections of APM-140). Provides the dispute resolution process for complaints that arise from alleged violations of the two new articles described above.

New Article – Flexible Work Arrangements

1. New language that allows librarians to request a flexible work arrangement such as telecommuting. Requests shall be made in accordance with local campus procedures or practices. (Section A )

2. The University will support flexible work arrangements when such arrangements meet the needs of the University and the employee. Denials of requests for flexible work arrangements shall not be arbitrary or capricious. (Sections B and C)

3. This article is not subject to the MOU’s grievance or arbitration process. (Section D)

New Article – Reasonable Accommodation

1. Describes the University’s duty to provide reasonable accommodations to librarians who are disabled or become disabled.

Side Letter – Librarian Compensation

1. Effective April 1, 2008, increases the salaries of the lowest steps on the salary scale as follows:

Assistant Librarian I to $46,164
Assistant Librarian II to $47,087
Assistant Librarian III to $48,029
Associate Librarian I to $48,029

2. The University agrees that it will NOT propose to eliminate the historical rank and step structure for librarian compensation during the term of this MOU.

3. Any general range adjustments negotiated during the resumption of bargaining over salary after adoption of the 2008 state budget will be received at the same time or be retroactive to the date of any 2008-09 general range adjustment given to non-represented academic employees, including out-of-unit Librarians and/or Senate Faculty.

4. Merit increases awarded to librarians undergoing review during 2007-2008 will be effective July 1, 2008.

Meetings are now being scheduled at campuses to discuss the Tentative Agreement. We encourage you to attend those meetings. In addition, please feel free to contact me directly with any questions or concerns.

Karen Sawislak
Executive Director
UC-AFT
510-740-0145
ksawislak@cft.org

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