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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 100 Associate Member Employment

100.1 Step placement

Effective Spring 2004, associate faculty members shall maintain their current earned step on the Associate Faculty Salary Schedule upon returning to the District from any interruption in employment.

100.2 Load

Associate member’s load shall not exceed sixty percent (67%) of a full‐time assignment
at any time. There is no District policy or practice which either requires or requests
that associate faculty participate in activities beyond their scheduled teaching
assignments and participation in Flex Day events which are required by the Academic
Calendar and are part of the regular teaching compensation. This includes attendance
at meetings, curriculum development, conference attendance, or any other voluntary
activities. The accepted district policy is to maintain all associate assignments at 67%
or less.

Associate members are designated by law as temporary employees. Members formerly
teaching with a limited services credential are restricted to a maximum of forty percent
(40%) of full‐time load during any time.

100.3 Assignments

Associate assignments shall be made in compliance with Article 18.7.1.

100.4 Contract changes

An associate member’s contract may be amended or canceled under the following conditions:

  1. Inadequate class enrollment
  2. To fulfill the load requirement of a full-time member
  3. Budget constraints
  4. Unlawful behavior or misconduct
  5. Other items reflected on the temporary contract that are required by law

100.5 Cancelled classes payment

If a class is canceled after the beginning of the semester, but prior to the completion of the first class session, the associate member shall be paid for the entire first class meeting. If a class meets more than one time, the associate member shall be paid for the actual hours the class had met prior to cancellation.

100.6 Bumping process

The decision to replace an associate member with a regular/contract member to allow the regular/contract member to maintain a full load shall be made by the Division Chair no later than two (2) weeks after the first scheduled class meeting.

100.7 Office hours

Associate members are responsible for keeping office hours for each class taught. Office hours shall be a minimum of .5 hours for each class taught.

100.8 Assignment of classes

The assignment of classes for associate members is based upon the availability of
department offerings and the following criteria in order of priority:

  1. Meeting the state minimum qualification for the “Faculty Service Areas (FSA).
  2. Having adequate preparation for the specific course for assignment through appropriate education and experience.
  3. Re‐employment Preference (REP) To earn REP, an associate member must have successfully completed his/her assignment(s) within the department for six semesters, within a period of five years, excluding summer and winter session assignments.
  4. History of assignment load within a department and date of first assignment.

An assignment is offered to an associate member only upon mailing of a contract (Associate contract) to the member’s last known address and/or email address as it appears in his or her official personnel file. When possible, the contract shall be mailed at least 30 days before the beginning of the semester.

If a member’s assignment is changed or altered before the beginning of the semester, a
notification in writing of the proposed change shall be sent by the Division Chair to
the member within five (5) working days of the date the decision is made.

100.9 Re-Employment Preference

100.9.1 Granting Re-Employment Preference

An associate member shall be granted re‐employment preference, provided all of the provisions of this article are met and provided that any assignment of an associatemember meets the provisions of Article 100.8.

To be considered for re‐employment preference, an associate member must have successfully served for six (6) semesters within a period of five (5) years, excluding summer or winter session service. In order to be granted re‐employment preference, the associate member must be evaluated three (3) times during the period of six (6) semesters; during the first (or second), third (or fourth) and fifth (or sixth) semesters he/she receives an assignment. The alternate choices of semesters are to allow for ease of implementation and correction of inadvertent errors in scheduling of evaluations.

The evaluation process is outlined in Article 108. An associate member shall be granted Re‐Employment Preference when three (3) consecutive evaluations indicate satisfactory performance as confirmed by the Vice‐President of Instruction.

Effective January 1, 2007, if an associate faculty member has not been evaluated three (3) times within the six (6) semesters the member has already taught as required by this article, the associate member may request assistance from an ACE, AFT 6554 Grievance Officer to address the lack of evaluations. Upon recommendation by the ACE, AFT 6554 Grievance Officer in consultation with the Vice‐President of Instruction, the ACE Executive Board, in conjunction with the Division Chair Council shall ensure that an evaluation is conducted no later than the next semester that the associate faculty member teaches. If that evaluation is satisfactory, the associate member shall be granted reemployment preference.

100.9.2 Application of Re-Employment Preference

Once an associate member has been granted re-employment preference he/she shall have preference for part-time assignments under the criteria outlined in Article 100.8. 

Assignment of associate members shall always be secondary to the assignment of a contract, regular, or emeritus member to an assignment as part of his/her load.

Where more than one associate member has re-employment preference and is fully qualified to teach a course, the division or department chair shall make the assignment based on the needs of the department/division and the criteria in Article 100.8.

Once re-employment preference has been granted, ongoing evaluation of performance shall then occur every six (6) semesters in accordance with the provisions of Article 108.

100.9.3 Loss of Re-Employment Preference

An associate member shall retain re‐employment preference as long as he/she continues to satisfactorily perform his/her responsibilities and continues to accept regular assignments.

REP shall not be withdrawn if the associate member’s services are terminated for lack of enrollment, discontinuance of service due to a reduction in force or other absence which is not considered a break in service pursuant to applicable law, except thatwhich exceeds two years.

REP status shall be withdrawn if:

1. The associate member refuses an assignment twice during three consecutive calendar years unless the assignment is refused because of compelling personal reasons, such as pregnancy, birth of a child, or serious illness. The acceptance of
another work assignment shall not be or considered a compelling personal reason. A new three‐year cycle begins after the second refusal.

2. The associate member’s evaluation outcome is Needs‐to‐Improve two times. An evaluation must be performed the semester after an associate receives a Needs‐to‐Improve.

100.9.4 Resolution of Disputes

No grievance may be filed or processed in regard to Article 100.9 other than the failure to follow established processes.

100.10 Summer and Wintersession Assignments

New associate members or those members in satisfactory status may elect, with the approval of the Division Chair, to teach summer or wintersession classes. Regular and contract members in satisfactory status shall be given preference over Associate members in the assignment of summer or wintersession classes in their department.

Summer and wintersession teaching assignments are made by the Department in consultation with the Division Chair and with the consent of the member. The maximum summer load shall be a total of .600 for any combination of courses or sessions. The maximum wintersession load for all faculty shall be a total of .400 for any combination of courses or sessions. No exceptions to these load limitations shall be made.

All associate faculty assignments are subject to approval of the appropriate Vice-President.

100.11 Contract/Tenure Track Employment Opportunity

This section shall reopen once the District completes and the State Chancellor’s office approves a new Equal Employment Opportunity Plan.

 

Letter of Understanding – 10/03/08

Effective January 1, 2009, AB591 (Dymally) will modify Education Code §87482.5 to increase an Associate Faculty member’s maximum load from 60% to 67% of a full time assignment.

ACE and the District agree that the following changes in Article 100.2 shall be implemented effective January 1, 2009:

Associate member’s load shall not exceed sixty sixty-seven percent (67%) of full-time assignment at any time. There is no District policy or practice which either requires or requests that associate faculty participate in activities beyond their scheduled teaching assignments and participation in Flex Day events which are required by the Academic Calendar and are part of the regular teaching compensation.  This includes attendance at meetings, curriculum development, conference attendance, or any other voluntary activities. The accepted district policy is to maintain all associate assignments at 67% or less.

These changes shall be incorporated into the successor contract to the 2005-2008 contract and this LOU shall expire upon ratification of the successor contract.

 

Letter of Understanding – 03/19/09

Effective January 1, 2009, AB591 (Dymally) will modify Education Code §87482.5 to increase an Associate Faculty member’s maximum load from 60% to 67% of a full time assignment.

ACE and the District agree that the following changes in Article 100.10 shall be implemented effective upon the signing of this agreement:

New associate members or those members in satisfactory status may elect, with the approval of the Division Chair, to teach summer or wintersession classes. Regular contract members in satisfactory status shall be given preference over Associate members in the assignment of summer or wintersession classes in their department.

Summer and wintersession teaching assignments are made by the Department in consultation with the Division Chair and with the consent of the member.  The maximum summer load shall be a total of .600 .667 for any combination of courses or sessions. The maximum wintersession load for all faculty shall be a total of .400 for any combination of courses or sessions. No exceptions to these load limitation shall be made.

All associate faculty assignments are subject to approval of the appropriate Vice-President.


These changes shall be incorporated into the successor contract to the 2005-2008 contract and this LOU shall expire upon ratification of the successor contract.