This Agreement between Rutgers, The State University (hereinafter called the "University") and the Rutgers Faculty, represented by the RUTGERS COUNCIL OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS CHAPTERS (hereinafter called the "AAUP") is made and entered into on this 2nd day of August, 2004.

I - PURPOSE 

The parties recognize and declare that it is their mutual goal to maintain a harmonious relationship in determining conditions of employment. To this end they mutually enter into this agreement intended to state the employment relations between the University and the AAUP.

II - ACADEMIC FREEDOM 

The parties hereto recognize the principles of academic freedom as adopted by the University's Board of Governors on January 13, 1967. 

III - RECOGNITION 

1. The University recognizes AAUP as the sole and exclusive bargaining representative of all Rutgers University faculty members, teaching assistants and graduate assistants as hereinafter defined. Groups of employees may be added or deleted by mutual consent of the parties.

2. The terms "faculty member" and "faculty members" shall include all of the following academic personnel currently employed or to be employed by Rutgers to discharge at least one-half (50%) of a full-time academic job assignment:

(a) All faculty members with the rank of professor, associate professor, assistant professor, instructor, assistant instructor, lecturer, research associate and adjunct faculty who are engaged in instruction, research, or other academic service; and

(b) Members of the research, library, general extension, and cooperative extension staffs and those others, who, by virtue of University regulations hold equivalent rank (see Appendix A) to the faculty categories enumerated in (a) above.

(c) Faculty members who are engaged in instruction and/or research for fifty percent or more of their time during the academic year and who hold the title of associate dean, assistant dean, assistant to dean or academic director.

3. The terms "graduate assistant" and "graduate assistants" and "teaching assistant" and "teaching assistants" shall include all University personnel holding the titles of graduate assistant and teaching assistant.

4. Excluded are all officers of administration including deans, associate deans, assistant deans, assistants to deans, academic directors who are not engaged in instruction or research for fifty percent or more of their time during the academic year, visiting professors, honorary professors, fellows, all members of the coadjutant staff, all those persons who administer or help to administer a major academic unit or program of the University, and all other employees of the University.

5. Teaching assistants and graduate assistants shall be covered by this Agreement except to the extent specifically provided for herein.

IV - NONDISCRIMINATION 

In the application of provisions of this Agreement or University regulations and policies affecting terms and conditions of employment, there shall be no discrimination by the University or the AAUP against any member of the bargaining unit because of race, creed, color, sex, religion, national origin, marital status, age, disability, status as a Vietnam-era or disabled veteran, sexual orientation, membership or non-membership in or activity on behalf of or in opposition to the AAUP.

Grievances in respect to this provision applicable to Article IX shall be heard as Category Two grievances.

V - DEDUCTION OF PROFESSIONAL DUES 

The University agrees to deduct on a pro-rata basis from each biweekly paycheck the annual AAUP professional dues of each member of the bargaining unit as defined herein, for whom the AAUP furnishes to the University a voluntary written authorization for such deduction, on a form acceptable to the University. Bargaining unit members must submit written withdrawals of their authorization to the AAUP. It is the AAUP's responsibility to transmit such withdrawals of authorization to the University. The University will continue to deduct dues until it receives the withdrawal of authorization from the AAUP. The amount of AAUP professional dues shall be such amount as may be certified to the University by the AAUP at least 30 days prior to the date on which deduction of AAUP professional dues is to be made. The University shall remit to the AAUP all professional dues deducted pursuant hereto every two weeks together with a list of names of members of the bargaining unit from whose pay such deductions were made.

VI - REPRESENTATION FEE 

1. Representation Fee Deduction

The parties agree that as of the effective date of this Agreement all employees in the bargaining unit who are not, and do not become, members of the Rutgers Council of AAUP Chapters, authorizing dues deduction, shall have deducted from their salaries and forwarded to the Rutgers Council of AAUP Chapters a representation fee in a manner and in an amount as provided below, provided that more than 50% of the faculty members of the bargaining unit have authorized the deduction of dues in accordance with Article V of this Agreement. Therefore, as of the second payroll date in July of each year of this Agreement, or any extension thereof, if more than 50% of the faculty members of the bargaining unit who receive paychecks on that date have authorized the deduction of dues in accordance with Article V of this Agreement, then, for the twelve-month period, commencing as of the first payroll date in September of the same year of this Agreement, representation fees shall be deducted from the salaries of members of the bargaining unit who have not authorized the deduction of dues. If on the second payroll date in July of any year of this Agreement, or any extension thereof, less than or equal to 50% of the faculty members of the bargaining unit have authorized the deduction of dues in accordance with Article V of the Agreement, then, for the twelve-month period commencing as of the first payroll date in September of the same year of the Agreement, no representation fees shall be deducted from the salary of any member of the bargaining unit.

Deduction of representation fees in accordance with the provisions of this Article shall continue during any extension of this Agreement. Each party reserves its rights concerning continuation and/or discontinuation of deduction of representation fees at the expiration of this Agreement, any extension of this Agreement, or during the interim period between Agreements.

2. Representation Fee Amount

At least 30 days before the effective date of the representation fee, or any subsequent modification thereof, the AAUP shall notify the University of the representation fee sum to be deducted from non members' salaries. Any change in the representation fee shall be made upon written notification to the University.

3. The representation fee shall be deducted from non members' salaries in

biweekly installments only in accordance with Section 1. above and as provided herein. Representation fee deductions from the salaries of all nonmember employees shall commence on or after but in no case sooner than the 30th day following the beginning of an employee's employment in a bargaining unit position or the l0th day following reentry into the bargaining unit for employees who previously served in bargaining-unit positions and who continued in the employ of the University in a non-bargaining-unit position. For the purpose of this Article, academic year employees shall be considered to be in continuous employment.

If, during the course of the year, the bargaining-unit member authorizes deduction of dues, the University shall cease deducting the representation fee and commence deducting the AAUP dues after the AAUP furnishes to the University a voluntary written authorization for such deduction in accordance with Article V of this Agreement. Conversely, if, during the course of the year, the AAUP member directs the University to cease AAUP dues deductions, the University shall commence deduction of the representation fee in accordance with Article V of this Agreement.

After deduction, representation fees shall be transmitted to the AAUP in the same manner and in the same time as AAUP dues.

4. Indemnification

The AAUP shall indemnify and save harmless the University against any and all claims, demands, suits, judgments, settlements, or any other forms of liability including reasonable counsel fees and other costs of defense, that shall arise out of or by reason of action taken or not taken by the University for the purpose of complying with any of the provisions of this Article, including but not limited to, any actions in connection with defending the legality of this indemnification provision.

a. The liability of the AAUP to indemnify the University for costs of defense shall not exceed in any year of this Agreement the total amount received as representation fees by the AAUP during said year. This limitation of liability shall not apply to any orders, judgments, or settlements which require restitution of funds forwarded to the AAUP.

b. Neither the University nor the AAUP will challenge the legality of indemnification provisions of this Article. In the event this indemnification of the University by the AAUP is challenged in any forum by any person or entity, the University and the AAUP agree to defend the legality of the indemnification provision. In the event that this indemnification provision is deemed to be illegal or against public policy by any court or administrative agency or competent jurisdiction, then effective the date on which the AAUP no longer remits payments to the University as provided hereinabove, the AAUP agrees it will eliminate the representation fee in effect at that time.

c. The University shall retain its right to determine its course of conduct, including but not limited to, the right to select counsel and determine strategy, in any action arising out of or by reason of the provisions of this Article.

d. The University shall not challenge the legality of the representation fees provided for in this Article in any forum.

e. A detailed statement of services rendered in connection with counsel fees referred to hereinabove shall be provided to the AAUP on a quarterly basis. The AAUP shall remit payment to the University within 30 days after receipt of each such statement.

f. The indemnification provisions of this Article shall continue during any extension of this Agreement or during any period in which the AAUP is collecting representation fees in accordance with this Article.

VII - DESIGNATION OF AAUP REPRESENTATIVES AND THEIR PRIVILEGES 

1. The University and the AAUP agree to recognize the designated representatives of each for the purposes of collective negotiations, such designation to be made in writing by each party to the other. This designation shall not preclude others, in reasonable numbers, from attending collective negotiations at the invitation of either party for the purpose of providing factual knowledge or expertise with respect to a particular subject for collective negotiations.

2. The University agrees that faculty members designated by the AAUP may be released from a portion of their instructional responsibilities to attend to official AAUP business. The AAUP will reimburse the University for such release at the rate of $1,500 per credit hour of instruction. For non-instructional faculty, the percentage of release time will be based on the normal assignment for all duties, and the percentage of salary reimbursed by the AAUP to the University will be equal to the percentage of release time, up to a maximum amount of $9,000. The AAUP shall be entitled to utilize six (6) courses of release time per year; no more than four (4) courses shall be released in one semester. In lieu of a course, the AAUP may designate a non-instructional faculty member for release time.

The AAUP shall in writing notify the designated University officeof those individuals whom the AAUP wishes to designate for such release time as provided above. Such notice for instructional faculty shall indicate the specific instructional duties from which the faculty member requests release and shall be provided at least six (6) weeks prior to the end of the fall semester for spring semester release, and by June 1 for fall semester release in order to permitthe University to determine whether the release is consonant with the needs of the academic program. Such notice for non-instructional faculty shall specify the percentage of the faculty member's professional time and the specific duties from which release is sought and shall be provided as set forth immediately above in order to permit the University to determine whether the release is consonant with the needs of the academic program. Such requests for release may not be unreasonably denied, and a written statement of the reasons for denial shall be given to the AAUP upon request within ten (10) working days of that request.

The AAUP shall each year in writing inform the designated University officeof the identity and terms of office of the AAUP officers and the nature of their responsibilities. In addition, the designated University officeshall in writing inform appropriate deans and other academic officers serving as superiors to the duly elected officers of the AAUP of the identity of these officers and the nature of their responsibilities.

3. Representatives of the AAUP shall be permitted to transact official business on University property at all reasonable times, provided that this shall not interfere with or interrupt normal University operations.

4. The AAUP and its representatives shall have the right to use University buildings at all reasonable hours for meetings provided they follow regular University procedures.

5. The AAUP shall have the right to make reasonable use of the University facilities and equipment, including duplicating, computing and office equipment, and available audiovisual equipment, all in accordance with University procedures. The AAUP shall pay reasonable costs for the use of facilities and equipment.

6. The AAUP shall have the right to post bulletins and notices to the employees it represents, relevant to official AAUP business, without seeking permission or approval.

VIII - SALARY PROVISIONS AND HEALTH INSURANCE BENEFITS 

Subject to the appropriation of and allocation to the University by the State of adequate funding for the specific purposes identified for the full period covered by this Agreement, the following economic provisions shall apply:

FACULTY SALARY PROVISIONS

I. Fiscal Year 2003-2004

None

II. Fiscal Year 2004-2005

A. For all persons who are members of the faculty on June 30, 2004 and who continue to be employed as faculty members on July 1, 2004, there shall be, effective July 1, 2004, a 2.4% increase across-the-board based on the July 1, 2002 - June 30, 2003 salary schedule.

B. In addition, all persons who are members of the faculty on June 30, 2004 and whose employment as faculty members continues beyond that date shall, effective July 1, 2004, be eligible to receive academic service increments which shall be distributed in accordance with a program established and administered by the University, as specified in the Faculty Academic Service Increment Program, in Appendix B. The annualized amount to be distributed pursuant to this program will be determined by applying the across-the-board percentage increase set forth in II. A. above to the state-funded faculty salary base of June 30, 2004, and shall not be less than $4,597,000. University Human Resources will calculate this salary base and inform the AAUP. Faculty members at or above the top range and step of their respective ranks may receive an academic service increment pursuant to this program. Steps shall be added to the top range of each rank for this purpose.

III. Fiscal Year 2005-2006

A.1. For all persons who are members of the faculty on June 30, 2005 and who continue to be employed as faculty members on July 1, 2005, there shall be, effective July 1, 2005, a 1.2% increase across-the-board based on the July 1, 2004 - June 30, 2005 salary schedule.

2. For all persons who are members of the faculty on December 31, 2005 and who continue to be employed as faculty members on January 1, 2006, there shall be, effective January 1, 2006, a 1.2% increase across-the-board based upon the July 1, 2005 – December 31, 2005 salary schedule.

 

B. In addition, all persons who are members of the faculty on June 30, 2005 and whose employment as faculty members continues beyond that date, shall, effective July 1, 2005, be eligible to receive academic service increments which shall be distributed in accordance with a program established and administered by the University, as specified in the Faculty Academic Service Increment Program, in Appendix B. The annualized amount to be distributed pursuant to this program will be determined by applying the across-the-board percentage increases set forth in III. A. 1 and III. A. 2. above to the state-funded faculty salary base of June 30, 2005 and of the last payroll date in October 2005, respectively, and combining the two resulting amounts which shall not be less than $2,414,000 and $2,472,000, respectively. University Human Resources will calculate this salary base and inform the AAUP. The academic service increment amounts awarded to the faculty in 2005-2006 shall be implemented in two phases, the first effective July 1, 2005 and the second effective January 1, 2006. Faculty members at or above the top range and step of their respective ranks may receive an academic service increment pursuant to this program. Steps shall be added to the top range of each rank for this purpose.

IV. Fiscal Year 2006-2007

A.1. For all persons who are members of the faculty on June 30, 2006 and who continue to be employed as faculty members on July 1, 2006, there shall be, effective July 1, 2006, a 1.90% increase across-the-board based on the January 1, 2006 – June 30, 2006 salary schedule.

2. For all persons who are members of the faculty on December 31, 2006 and who continue to be employed as faculty members on January 1, 2007, there shall be, effective January 1, 2007, a 1.89% increase across-the-board based on the July 1, 2006 – December 31, 2006 salary schedule.

 

B. In addition, all persons who are members of the faculty on June 30, 2006 and whose employment as faculty members continues beyond that date shall, effective July 1, 2006, be eligible to receive academic service increments which shall be distributed in accordance with a program established and administered by the University, as specified in the Faculty Academic Service Increment Program, in Appendix B. The annualized amount to be distributed pursuant to this program will be determined by applying the across-the-board percentage increases set forth in IV. A. 1 and IV. A. 2. above to the state-funded faculty salary base of June 30, 2006 and of the last payroll date in October 2006, respectively, and combining the two resulting amounts which shall not be less than $4,018,000 and $4,148,000, respectively. University Human Resources will calculate this salary base and inform the AAUP. The academic service increment amounts awarded to the faculty in 2006-2007 shall be implemented in two phases, the first effective July 1, 2006 and the second effective January 1, 2007. Faculty members at or above the top range and step of their respective ranks may receive an academic service increment pursuant to this program. Steps shall be added to the top range of each rank for this purpose.

V. Faculty Promotional Salary Adjustments

A. For promotions effective July 1, 2003:

1. The faculty member will receive a promotional increment equal to 10% of his/her salary in effect on July 1, 2003 for his/her 2002-2003 rank.

2. The faculty member will then be placed at the appropriate dollar amount, as derived from 1. above, on the salary schedule in effect on July 1, 2003 for his/her new rank at the lowest range that will permit his/her placement at a point not higher than step 16 of a range. If the required dollar amount has not been reached by step 16 of the highest range for the rank, then the faculty member will be placed on that range (extended, if necessary) at the appropriate dollar amount above step 16.

B. For promotions effective July 1, 2004:

1. The faculty member will receive the salary increase effective July 1, 2004 appropriate for his/her 2003-2004 rank, range, and salary as provided in II.A. above.

2. The faculty member will then receive a promotional increment equal to 10% of his/her salary in effect on July 1, 2004 for his/her 2003-2004 rank.

3. The faculty member will then be placed at the appropriate dollar amount, derived from 1. and 2. above, on the salary schedule effective on July 1, 2004 for his/her new rank at the lowest range that will permit his/her placement at a point not higher than step 16 of a range. If the required dollar amount has not been reached by step 16 of the highest range for the rank, then the faculty member will be placed on that range (extended, if necessary) at the appropriate dollar amount above step 16.

C. For promotions effective July 1, 2005:

1. The faculty member will receive the salary increase effective July 1, 2005 appropriate for his/her 2004-2005 rank, range, and salary as provided in III.A. above.

2. The faculty member will then receive a promotional increment equal to 10% of his/her salary in effect on July 1, 2005 for his/her 2004-2005 rank.

3. The faculty member will then be placed at the appropriate dollar amount, derived from 1. and 2. above, on the salary schedule effective July 1, 2005 for his/her new rank at the lowest range that will permit his/her placement at a point not higher than step 16 of a range. If the required dollar amount has not been reached by step 16 of the highest range for the rank, then the faculty member will be placed on that range (extended, if necessary) at the appropriate dollar amount above step 16.

D. For promotions effective July 1, 2006:

1. The faculty member will receive the salary increase effective July 1, 2006 appropriate to his/her 2005-2006 rank, range, and salary as provided in IV.A. above.

2. The faculty member will then receive a promotional increment equal to 10% of his/her salary in effect on July 1, 2006 for his/her 2005-2006 rank.

3. The faculty member will then be placed at the appropriate dollar amount, derived from 1. and 2. above, on the salary schedule effective July 1, 2006 for his/her new rank at the lowest range that will permit his/her placement at a point not higher than step 16 of a range. If the required dollar amount has not been reached by step 16 of the highest range for the rank, then the faculty member will be placed on that range (extended, if necessary) at the appropriate dollar amount above step 16.

VI. Special Professorial Titles

Members of the faculty with special professorial titles (Named Professors, University Professors, incumbents of Endowed Chairs) can be placed, at the discretion of the University, on the salary range for special professorial titles. Faculty members placed on the salary range for special professorial titles shall continue to be eligible for all the provisions of Article XXIII and of this Article for which they otherwise would have been eligible, including academic service increments under provisions II.B. III.B. and IV.B. of Article VIII.

VII. Special Negotiations

At the request of the University at any time during the period of this Agreement, the AAUP and the University shall negotiate special salary schedules applicable to specific disciplines and ranks for a specified period.(1) Faculty members placed in accordance with this provision at a special salary above the maximum salary for their rank, as set forth in Appendices C, D, E-1, E-2, F-1 and F-2 to this Agreement, shall continue to be eligible for all the provisions of Article XXIII and of this Article for which they would otherwise have been eligible, including academic service increments under provisions II.B., III.B. and IV.B. of Article VIII (2).

VIII. Placement on Salary Schedules

Every faculty member will be placed on a range and step of the regular, special, or extended salary schedules.

TEACHING AND GRADUATE ASSISTANTS – SALARY PROVISIONS

IX. Fiscal Year 2003-2004

None; except that there is a competitiveness pool of $600,000. An award to a TA/GA from the competitiveness pool shall be treated as a permanent part of her/his salary and the salary for any subsequent reappointment shall be based on that salary.(3)

X. Fiscal Year 2004-2005

A. For all persons who held appointments as teaching or graduate assistants during the 2003-2004 fiscal year and who received appointments as teaching or graduate assistants during the 2004-2005 fiscal year, there shall be a 10% across-the-board increase in salary.

B. Effective July 1, 2004, the starting salary for full-time teaching and graduate assistants shall be $15,730 for an academic year appointment and $17,932 for a calendar year appointment.

C. In addition to the above increase in salaries, the competitiveness pool shall be increased by 10% such that the total salary base for Teaching and Graduate Assistants in 2004-2005 will include a $660,000 competitiveness pool.(3)

XI. Fiscal Year 2005-2006

A. For all persons who held appointments as teaching or graduate assistants during the 2004-2005 fiscal year and who received appointments as teaching or graduate assistants during the 2005-2006 fiscal year, there shall be an 8% across-the-board increase in salary.

B. Effective July 1, 2005, the starting salary for full-time teaching and graduate assistants also shall be increased 8%.

C. In addition to the above increase in salaries, the competitiveness pool shall be increased by 10%. (3)

XII. Fiscal Year 2006-2007

A. For all persons who held appointments as teaching or graduate assistants during the 2005-2006 fiscal year and who received appointments as teaching or graduate assistants during the 2006-2007 fiscal year, there shall be an 8% across-the-board increase in salary.

B. Effective July 1, 2006, the starting salary for full-time teaching and graduate assistants also shall be increased 8%.

C. In addition to the above increase in salaries, the competitiveness pool shall be increased by 10%. (3)

XIII. In addition, all Teaching and Graduate Assistants who hold less than a full-time appointment in 2004-2005, 2005-2006 and 2006-2007 shall receive a one time cash bonus of $75 in the third pay period after the start of the semester during which they hold such a part-time appointment.

The total of these bonus payments shall not exceed $15,000 in any year. In the event there are so many part-time Teaching and Graduate Assistants eligible to receive this bonus payment, that more than $15,000 would have to be expended in any year, the amount of the bonus paid to each Teaching and Graduate Assistant shall be reduced on a pro rata basis. The University shall promulgate advice discouraging the appointment of part-time Teaching and Graduate Assistants.

HEALTH INSURANCE BENEFITS

XIV. All members of the unit who are eligible for health insurance benefits coverage under P.L. 1961, c. 49 (NJSA 52:14-17.25 et seq.) shall pay premiums or periodic charges therefor on the same basis and to the same extent as established by the State Health Benefits Commission for employees for whom there is no majority representative.

Members of the bargaining unit who are eligible for health insurance benefits coverage and who are hired on or after July 1, 2004 shall not be eligible for enrollment in the Traditional Plan.

IX - GRIEVANCE PROCEDURE 

The purpose of this Article is to provide a fair and effective procedure for identifying issues, articulating and resolving problems, and disputes. 

A. Grievances under this Procedure.

A. 1. A grievance under this Article IX is defined as:

Category One :

An allegation that, with respect only to those provisions of this Agreement which affect mandatorily negotiable terms and conditions of employment, there has been a violation of such a provision or provisions of this Agreement which has affected mandatorily negotiable terms and conditions of employment of a member or members of the bargaining unit. Excluded from Category One are all allegations concerning provisions of this Agreement when those provisions specify that grievances concerning them shall be considered as a Category Two grievance.

or

Category Two :

An allegation that, with respect only to those University policies, agreements, administrative decisions, or Regulations which affect mandatorily negotiable terms and conditions of employment, there has been a misrepresentation, misapplication or violation of such a University policy, agreement, administrative decision, or Regulation which has affected mandatorily negotiable terms and conditions of employment of a member or members of the bargaining unit.

An allegation that, with respect only to those University policies, agreements, administrative decisions, or Regulations which are not mandatorily negotiable but which intimately and directly affect the work and welfare of members of the bargaining unit, there has been a misrepresentation, misapplication or violation of such a University policy, agreement, administrative decision, or Regulation which has intimately, directly, and negatively affected the work and welfare of members of the bargaining unit.

(4)Discipline is the formal imposition of a penalty in response to alleged wrong doing by a member of the bargaining unit.

Also included in Category Two are allegations concerning any matter which is mandated by law to be a subject of a grievance procedure of the Agreement, such as grievances concerning allegations of unjust discipline, (4) and which has not been provided for under Category One.

Also included in Category Two are allegations of harassment of a member of the bargaining unit. Harassment is intentional persistent or repeated differential treatment, without reasonable cause, that negatively and directly affects the work and welfare of a member of the bargaining unit.

A. 2. Excluded from this grievance procedure are:

A. 2. a. All matters defined grievable under the terms of other grievance procedures between the University and the AAUP;

A. 2. b. An allegation regarding the evaluation of a grievant for reappointment, promotion and/or tenure, as provided in Article X of this Agreement;

A. 2. c. An allegation regarding a violation of the University Regulations or this Agreement or established policy or practice regarding reappointment of Teaching Assistants/Graduate Assistants, as provided in Article XI of this Agreement.

A. 3. A grievance under this Article may be filed by a bargaining-unit member or members, if more than one member has been affected, or by the AAUP. A grievance filed by a member or members of the bargaining unit may only be filed with the AAUP and will be promptly transmitted to the Office of Academic Labor Relations by the AAUP.

B. Requirements for Filing.

B. 1. A grievance must be filed in writing with the Office of Academic Labor Relations within six months of the date on which the grievant should reasonably have known of the occurrence of the alleged violation, or within 30 working days of the occurrence of the alleged violation if the grievant is requesting an accelerated schedule. The written statement of the grievance shall specify which allegations in the grievance are being filed as Category One or Two; shall contain a statement of the facts surrounding the grievance; shall specify the provision or provisions of the Agreement, Regulations, policies, agreements, or administrative decisions which allegedly have been violated, misapplied, or misinterpreted; and shall specify the relief sought. In addition, where the substance of the grievance concerns a dispute between bargaining-unit members, the grievance filing shall show evidence of an effort to resolve the matter with the appropriate dean. Such efforts at informal resolution of grievances shall not affect the timeliness requirements of this procedure.

B. 2. The timeliness of a grievance submitted from the New Brunswick campuses shall be determined by the date on which the AAUP delivers it to the Office of Academic Labor Relations. Grievances submitted from the Camden, Newark, or other program locations beyond the New Brunswick campuses may be mailed to the AAUP by United States Postal Service, in which case the timeliness of such a grievance shall be determined by the postmark. The AAUP shall deliver such grievances to the Office of Academic Labor Relations within one day of receipt.

B. 3. Information, material, and documents relevant to a grievance shall be provided, if available, by either party upon written request of the other party within 15 working days after the conclusion of mediation. If either party is unable to meet the 15 working day time limit, it shall so notify the other party in writing, explaining the reason. Limited requests for specific information essential for an understanding of the grievance shall not unreasonably be denied prior to the scheduling of mediation.

C. Mediation

C. 1. The goal of mediation is to resolve grievances informally.

C. 2. A grievant may submit any grievance that the parties agree is properly raised under this Article to non-binding mediation prior to proceeding to Step One. Disputes between the parties as to grievability shall not be submitted to mediation. Notice of the desire to participate in non-binding mediation shall be given to the University with the grievance filing.

C. 3. The mediation process will be completed within 30 working days of the University's receipt of the grievance filing, where possible.

C. 4. A pool of six professional arbitrator/mediators, jointly agreed to by the University and the AAUP, shall be established for the duration of this Agreement except that twelve months after the establishment of the pool either of the parties may reopen negotiations about the membership of the pool. The AAUP and the University shall utilize a selection procedure that insures both rotation in the use of the mediators and random assignment of grievances to mediators.

C. 5. No more than a total of six hours’ service by the mediator shall be permitted for each grievance unless additional time is agreed to by the University and the AAUP.

C. 6. Unless the parties agree otherwise, participants in mediation shall be limited to the mediator, the grievant, no more than two AAUP representatives, no more than two University representatives, and an individual, designated by the University, who is closely concerned in the grievance. The University representative may be the appropriate dean/director or the provost unless (a) he or she is alleged to have committed one or more of the violations that form the subject matter of the grievance or (b) the grievant, through the AAUP, notifies the University that he/she believes mediation with that individual as University representative would be pointless. In such cases, the Executive Vice President for Academic Affairs or his/her designee shall be the University representative. With the sole exception of the mediator, all participants in the mediation must be employees of the University or of the AAUP but shall not be individuals who bear the title of Counsel or Assistant Counsel. Unless the mediator objects, the AAUP and the University may jointly agree that each may have one nonparticipant observer present at a mediation session. Such observers shall not participate in the mediation meeting in any manner.

C. 7. The format for mediation shall be face-to-face discussions between the parties, with the assistance of the mediator. However, the parties may, during the mediation session, jointly agree to meet separately with the mediator, provided that at the request of the parties, they again meet face-to-face before mediation is concluded. The mediator shall be provided by the University with the grievance filing in advance of the mediation session. The mediator shall decide whether other documents are needed to advise the parties. Provision of such documents by either of the parties shall be voluntary in response to requests from the mediator. No official record of the mediation process shall be kept. The names of individuals attending the mediation shall be provided to either side by the other if requested.

C. 8. The mediator shall attempt to resolve the grievance. If a resolution is reached, it shall be reduced to writing. No resolution of a grievance shall be a precedent in any other grievance.

C. 9. If no resolution is reached through mediation, the mediator shall present advice orally at the end of the mediation. This advice shall not be introduced at any subsequent grievance hearing or in any other proceeding.

C. 10. The costs of the mediator shall be borne equally by the University and the AAUP.

C. 11. If no resolution is reached through mediation, the grievance may be pursued at Step One of this grievance procedure.

D. STEP ONE

D. 1. The Executive Vice President for Academic Affairs or his/her designee(s) may conduct such investigation as he or she may require in order to render a written response, including meeting(s) with the grievant and other individuals who are determined by the Executive Vice President for Academic Affairs or his/her designee or the AAUP to be concerned in or to have knowledge of the matter. If the grievant believes it necessary to meet with the Executive Vice President or his/her designee without other individuals concerned in the matter being present, the grievant shall be afforded the opportunity to do so.

D. 2. The grievant will have the opportunity to meet with the Executive Vice President or his/ her designee if the grievant requests such a meeting within 10 working days of the filing of the grievance. The meeting, whether requested by the grievant or by the Executive Vice President or his/her designee, shall be scheduled within 10 working days of the request or within 10 working days of the conclusion of mediation.

D. 3. In instances where the parties agree that the problem requires an accelerated schedule, if a meeting is requested at the time the grievance is filed, it shall be scheduled within five working days of the receipt of the grievance or the completion of the mediation.

D. 4. Should the grievant fail, without valid reason, or refuse to meet with the Executive Vice President for Academic Affairs or his/her designee when such a meeting has been requested either by the grievant or by the Executive Vice President or his/her designee, the AAUP shall not be permitted to invoke Step Two of the grievance procedure and the decision of the Executive Vice President for Academic Affairs or his/her designee at Step One shall be final.

D. 5. Where the grievant alleges that the grievance concerns an immediate health or safety problem, the grievance shall be heard on an accelerated schedule.

D. 6. The grievant may be assisted by up to two representatives approved by the AAUP. The University shall have the right to assume that any representative who appears with the grievant is approved by the AAUP. The grievant's representatives shall be members of the bargaining unit and/or AAUP staff. Although the University may request members of the bargaining unit to participate in the investigation of, and meetings about, a grievance, a member of the bargaining unit may not be a designee of the Executive Vice President for Academic Affairs or a formally designated representative of the University.

D. 7. Within 45 working days of the conclusion of the mediation or within 45 working days of the notification of a waiver of the mediation step by the AAUP, or within 15 working days if the parties agree that the problem requires an accelerated schedule, the Executive Vice President for Academic Affairs or his/her designee shall render a written response, except that, in all events, the Executive Vice President or his/her designee shall have no fewer than 15 working days subsequent to the Step 1 meeting(s) concerning the grievance to render a written response.

D. 8. The Executive Vice President for Academic Affairs or his/her designee shall simultaneously submit his/her written response to the grievant and to the AAUP.

E. STEP TWO - ARBITRATION

E. 1. If the AAUP is not satisfied with the disposition of the grievance at Step One, the AAUP--upon written notification to the Executive Vice President for Academic Affairs within 30 working days of receipt of the Step One decision, or within 15 working days if the grievance has been heard on an accelerated schedule at Step One--may appeal a Category One or a Category Two grievance to arbitration.

E. 2. The written notice shall set forth the issue or issues to be arbitrated and shall specify, as to each issue, whether the AAUP presents it as a Category One or a Category Two grievance.

E. 3. For the purpose of arbitration, a pool of six professional arbitrators jointly agreed to by the University and the AAUP shall be established for the duration of this agreement except that twelve months after the establishment of the pool either of the parties may reopen negotiations about the membership of the pool. The list of arbitrators may include individuals identified as mediators in C.4. but an individual used as a mediator in a grievance shall not also be used as the arbitrator in the same grievance.

E. 4. If the AAUP determines that either it or an individual bargaining unit member(s) cannot arrive at a decision on whether to proceed to arbitration within the 30 working days provided herein, it will so notify the Executive Vice President for Academic Affairs during this period. This notice will extend the period for invoking arbitration for a period of 30 additional working days. Additional extensions may be agreed to by the parties, and if such an agreement is made it shall be set forth in writing. No extensions beyond the original 15 working days provided for filing of an appeal to arbitration shall be available in instances where the grievance has been heard on an accelerated schedule at Step One except by written mutual agreement of the parties.

E. 5. If no Step One decision is rendered, the AAUP may appeal the grievance to arbitration within five months of the last day on which the Step One decision would have been timely rendered.

E. 6. Where a grievance concerning a health or safety problem has been heard on an accelerated schedule at Step One and has been timely appealed to arbitration, the AAUP and the University will each make an effort to obtain a prompt hearing of the grievance at arbitration.

E. 7. The arbitrator shall conduct a hearing and:

E. 7. a. Binding Arbitration

In the case of Category One grievances, render a decision which shall be final and binding on the AAUP, the grievant(s), and the University;

or

E. 7. b. Advisory Arbitration

In the case of Category Two grievances, render a recommendation to the Office of the President. The President's decision will be final and binding for all internal University purposes. Such decision will be rendered within 15 working days of receipt of the arbitrator's report. If the President modifies or rejects the recommendations of the arbitrator, he/she will set forth in writing the reasons for such modification or rejection.

E. 8. The arbitrator's decision or recommendation shall be rendered in accordance with law and not later than 30 calendar days after receiving final submissions from the parties unless the parties agree that more time is needed. The arbitrator shall not have the authority to amend, alter, or in any way change a University policy, Regulation, established practice, or provision of this Agreement.

E. 9. Any party may request a stenographic record. If such transcript is agreed upon by the parties, or in appropriate cases determined by the neutral arbitrator, to be the official record of the proceeding, it must be made available to the arbitrator and to the other party for inspection at a time and place determined by the arbitrator. The total cost of such a record shall be shared equally by those parties that order copies. Either party may tape the arbitration proceeding, but the tape shall not constitute the official record. The tape may be used only for the purpose of preparing the case and may not be used for any other purpose or in any other forum.

E. 10. The costs and expenses incurred by each party shall be paid by the party incurring the costs, except that the fees of the neutral arbitrator and the fee, if any, of the administering agency shall be borne equally by the University and the AAUP.

F. Miscellaneous

F. 1. "Working Days" are all days on which the administrative offices of the University are open for business as specified in the administrative calendar. "Months" are calendar months, and they are unaffected by any of the University's working calendars.

F. 2. The time limits in this Article may be extended at any time by written agreement of the parties to this Agreement. Upon advance written notice to the AAUP and the University, a grievant who is on an academic year appointment may request that some or all of the period between Commencement and September 1 be excluded from the time limits in this procedure. Such requests shall not be made unreasonably and shall include the reasons for the request.

If the AAUP contends that the University is in error in deciding that a grievance was not timely filed, that contention shall be expeditiously submitted to binding arbitration unless the parties to this Agreement mutually agree otherwise. Until the timeliness matter is resolved, the grievance filed shall remain in abeyance. However, if the University also has addressed the merits of the grievance in its Step One response, a contention by the AAUP that the University's decision on timeliness is in error shall be submitted as a threshold question to the arbitrator selected pursuant to this Article. The arbitrator's decision with regard to timeliness shall be binding. Similarly, if the University has determined that a grievance is not timely filed and has not addressed the merits, and if the arbitrator has found the grievance to be timely and has referred it back to Step One for a consideration of the merits, and if the AAUP appeals the subsequent Step One decision, and if less than a year has elapsed since the arbitrator's decision on timeliness, the appeal shall be heard by the same arbitrator who heard the timeliness issue.

F. 3. In order to assist the AAUP in its determination as to whether or not the grievance should be pursued beyond Step One, the Executive Vice President for Academic Affairs or his/her designee, upon request of the AAUP, shall make available to the AAUP a copy of any written policy, Regulation, agreement, or administrative decision cited in his/her written response as a basis of the answer to the grievance.

F. 4. Whether or not pursued, this procedure shall constitute the sole and exclusive right and remedy of bargaining-unit members and the AAUP for any and all claims cognizable under this procedure. A written response at Step One which is not appealed to Step Two by written notification to the Executive Vice President for Academic Affairs in accordance with Section E.1. above shall be considered a binding and final settlement of the grievance. If there is no written response at Step One and the AAUP does not timely appeal to arbitration, the grievance shall be considered as having been withdrawn.

F. 5. Exception as to Category Two Grievances. If the AAUP does not timely invoke Step Two in accordance with Section E.1. above, and the AAUP and/or the grievant(s) commence a court proceeding pertaining to the grievance within 45 working days of the last date upon which the AAUP could have timely invoked Step Two, the defenses of exhaustion of remedies or exclusivity of the grievance procedure will not be available to the University in such court proceeding. Nothing contained herein shall be construed or implied as a recognition by the University that the AAUP and/or grievant has any enforceable right against the University with respect to any misinterpretation, misapplication, or violation of University policy, agreement, administrative decision, or Regulation.

F. 6. The exclusivity of remedies and exhaustion of procedures provided for in this Article are not intended nor shall they apply to rights of individual bargaining-unit members that arise from sources independent of this Agreement, University policies, agreements, administrative decisions, or regulations.

X - FACULTY PERSONNEL GRIEVANCE PROCEDURE 

The purpose of this Article is to help ensure the integrity of the reappointment, promotion, and tenure procedures; to provide a process for determining whether evaluations resulting in negative personnel actions were flawed (as defined in A.1.) and to provide remedies in cases where defects are found. A defect does not encompass disagreement with the academic judgment of any evaluator or evaluative body. For purposes of this Article X grievance procedure, writers of external confidential letters are not “evaluators.”

XI - TEACHING ASSISTANT/GRADUATE ASSISTANT PERSONNEL GRIEVANCE PROCEDURE 

A. This procedure is designed to expedite the resolution of problems that arise in connection with the reappointment of Graduate Assistants and Teaching Assistants at the University. The graduate student should first attempt to resolve informally any problem that arises as expeditiously as possible, in the case of Teaching Assistants, with the faculty administrator who oversees the undergraduate/graduate program in which the Teaching Assistant is employed or, in the case of Graduate Assistants, with the Director of the Center, Bureau or Institute, or the chairperson of that department in which the Graduate Assistant is employed. The dean of each academic unit that enrolls graduate students will designate an individual on his/her staff to assist graduate students in achieving informal resolution of problems and the University will notify the AAUP of the identity of this individual. The graduate student is encouraged to seek such assistance as part of his/her attempt to reach informal resolution.

B. If the problem cannot be resolved through the informal means described above, the graduate student shall have access to the grievance procedure described below.

1. A grievance under this Article XI is defined as any claimed violation of University Regulations, this Agreement, or established policy or practice regarding non-reappointment of Teaching Assistants/ Graduate Assistants where non-reappointment is based upon the individual's work performance as a TA/GA. All other grievable matters shall be heard under Article IX.

2. At any step in the grievance procedure, the grievant may request participation of an AAUP-appointed representative. A maximum of two such representatives may be active at any one time.

3. In each of the steps described in d. below, the following conditions shall be understood:

a. The grievant may be accompanied by an observer and may be assisted by a representative in presenting the case.

b. The time limits prescribed for decision-making may be extended at any time as may be mutually agreed upon in writing by the grievant and the university.

c. The substance of all proceedings will be confidential.

d. Step 1 - The grievant shall address the matter in writing to the appropriate faculty administrator designated in paragraph A. above. Five working days from initial presentation will be allowed for effective resolution.

Step 2 - If resolution is not achieved at Step 1, the grievant shall submit an appeal, in writing, to a committee charged for this purpose on the campus on which the grievant is employed and concurrently to the AAUP and the Office of Academic Labor Relations. The campus committees shall be appointed by the Provost in Newark and Camden and the EVPAA in New Brunswick. Each committee shall be made up of three faculty members and two TA/GAs. In addition, one or more replacement pools shall be appointed on each campus by the Provost in Newark and Camden and the EVPAA in New Brunswick. The replacement pools shall be made up of three faculty members and two TA/GAs. The replacement shall be the same status as the committee member being replaced. A list of these committees and replacement pools shall be compiled annually and shall be on file in the Office of Academic Labor Relations and sent to the AAUP no later than September 30 of each year.

The grievant may submit concurrently to the AAUP and the Office of Academic Labor Relations a challenge for cause of any members of the committee within 5 working days of submission of the appeal, but before the day of the first meeting of the committee. The committee shall rule on the challenge within 5 working days of submission of the challenge. The Office of Academic Labor Relations may also challenge for cause any members of the committee and notify the grievant and the AAUP of such action following the same schedule. Cause shall be defined as the inability of a committee member to make a fair and independent decision because of bias or personal relationship to the parties or the controversy. The unchallenged members of the committee shall make the determination of whether cause exists. Such a determination shall require the assent of two or more members of the committee. In the event that a member of the committee is excused for cause, or recuses himself/herself, or is unavailable when the appeal is to be considered by the committee, another committee member shall be randomly selected jointly by the parties from the appropriate replacement pool. No member of the program in which the grievant is either a student or TA/GA may serve on the committee.

The committee shall be allowed 20 working days from the date of its receipt of the grievant's written appeal, or 20 working days from the resolution of a challenge for cause, to meet with the grievant, should the grievant request such a meeting, and render a decision to recommend or not recommend reappointment.

Step 3 - The committee shall present its recommendation in writing to the Dean of the Graduate School (in New Brunswick), the Associate Provost for Research and Dean of the Graduate School (in Newark), or the Dean of the Graduate School (in Camden), or a designee of that officer, and to the grievant, the AAUP and the Office of Academic Labor Relations. The provost or dean shall have 20 working days following receipt of the committee's recommendation to accept, to reject, or to modify the recommendation and to notify the grievant, the AAUP and the Office of Academic Labor Relations of his/her decision within five working days of the decision or as soon thereafter as practicable. The recommendation of the committee shall be deemed to have been accepted if no action is taken on it within the 20 working days following his/her receipt of the recommendation.

XII - TEACHING ASSISTANTS/GRADUATE ASSISTANTS

A. Notification of Criteria for Appointment and Reappointment

Academic departments that have employed Teaching Assistants and Graduate Assistants in each of the previous three semesters shall provide notice in writing of the departmental criteria for such appointments or reappointments. Individual contract letters shall be issued to Teaching Assistants and Graduate Assistants upon appointment and reappointment and, pursuant to the above provision, where written criteria for appointment or reappointment exist, they shall be included with the appointment letter.

The University shall continue to encourage all departments and programs when appropriate to appoint full-time graduate students as full-time teaching and graduate assistants. The administration shall provide to the AAUP by August 15 of each year evidence of how this encouragement has been carried out during the previous academic year.

B. Notice of Reappointment

All currently employed Teaching Assistants and Graduate Assistants shall be notified by the University in writing of their status for the coming academic year on or before April 30 for Fall semester appointments and October 31 for Spring semester appointments. Notification shall be either a) reappointment, or b) non-reappointment, or c) waiting list, with reappointment contingent upon the availability of funding or the meeting of other previously established and announced criteria. Departments shall be encouraged to minimize the use of the waiting list option, where academically feasible. Notification of non-reappointment shall include written explanation of the reasons. Notification of waiting-list status shall indicate if reappointment is contingent upon the availability of funding or the meeting of other previously established and announced criteria that shall be specified in the notice, or both. If notification is of waiting-list status, a graduate student shall be further notified of the number of Teaching Assistants and Graduate Assistants employed in the department in the current year and the number of appointments already offered in the department for the coming year. The names of those individuals who receive notification of non-reappointment shall be forwarded to the AAUP within 20 working days of the notice of non-reappointment.

A graduate student who is placed on a waiting list shall be notified as soon as possible of a change in his/her status. Upon request by a graduate student on the waiting list he/she shall receive a second notification in writing from the department, on or before June 30, of the number of appointments already offered in the department for the coming year.

C. Workload

Teaching Assistants who have responsibility for a course shall normally be notified in writing at least four weeks prior to the beginning of the semester of their assignment for the coming year. All other Teaching Assistants and all Graduate Assistants normally shall be notified of their assignments at least five working days before the first day of classes. It is understood that unexpected circumstances may require modification of assignments. If a Teaching or Graduate Assistant's assignment is changed substantially subsequent to notification, the appropriate unit will provide notification in writing of the change. Graduate students may, at the time of their application for a Teaching Assistant position, indicate any preference they have with regard to teaching assignments.

The individual assignment of a Teaching Assistant or Graduate Assistant shall be consistent with the current practice of the department or program. Because of the student status of the Teaching Assistant and Graduate Assistant, and because of the variety of duties that may be assigned, consistency with the practice within a given department or program is a more reliable guide to the propriety of individual workload assignments than any strict quantitative measure or comparison with assignments in other departments or programs. Nevertheless, except for special academic circumstances--for example, an emergent situation in regard to laboratory research or intensive preparation for a performance--a Teaching Assistant or Graduate Assistant with a standard appointment works normally at the maximum rate of fifteen clock hours per week, or a prorated portion thereof if the appointment is less than standard. Individual claims that workload assignments are inconsistent with the practices of the department or program shall be brought to the attention of a designated individual in the appropriate dean's office, who shall be responsible for investigating the claims and responding to them.

D. Term of Appointment

The term of the work year for Teaching Assistants and Graduate Assistants with academic year appointments is from August 25 to Commencement, or an equivalent period. However, the terms of appointment for such Teaching and Graduate Assistants shall be set forth as September 1 to June 30 for payroll purposes only. The period of the work year prior to September 1 shall be used solely for orientation, training, and preparation related to the Teaching or Graduate Assistant's assignment.

The term of the work year for Teaching Assistants and Graduate Assistants with calendar year appointments is the entire year, with the exception of a vacation of one month.

E. Training

All Teaching Assistants shall be required, as appropriate, to participate in a teaching-effectiveness workshop or workshops. Such workshops shall be designed and conducted by the Graduate Schools and, when appropriate, by individual departments and programs that utilize teaching assistants, or by groups of related departments and programs. Such programs shall be offered at a time that is within the term of the work year.

F. Notification

The University will provide to the AAUP a list of all Teaching Assistants and Graduate Assistants who are on the payroll as of September 30 and February 1 of each year. Such list shall be provided within ten working days after September 30 and February 1.

XIV - FACULTY REAPPOINTMENT/PROMOTION

The University will furnish to the AAUP each year, at least 15 working days prior to distribution, a copy of all material contained in the promotion and reappointment packet forms. All candidates shall be provided by the chair with a copy of the current academic reappointment/promotion instructions and shall certify that they have received the instructions. Upon request, a department chair will provide a member of the faculty with a copy of the current academic reappointment/promotion instructions.

1. a. Each faculty member who is to be considered for reappointment or promotion shall be notified by the department chairperson at least 30 days in advance that said consideration shall take place.

b. A tenured faculty member may request of the department chairperson that he/she be evaluated for promotion. The request shall be granted for tenured members of the faculty who have been at least six years in rank and have not been evaluated for promotion for at least four years. Such evaluation shall be carried through each level of review, including the Promotion Review Committee, unless withdrawn by the candidate. Withdrawal after the candidate signs Form 2 constitutes an evaluation for the purpose of this paragraph 1.b.

c. The department chairperson shall provide the faculty member with a signed and completed Recommendation Information Form. Within five working days of its receipt, the faculty member will sign and return the Form to indicate concurrence with its content, or, if there is a dispute between the faculty member and the chairperson as to the content of the Form which they are unable to resolve, the faculty member shall so indicate by marking "dissent" next to his/her signature and attaching an explanation to the Form.

d. The faculty member may submit to the department chairperson any documents or materials he/she wishes to have considered. The faculty member shall provide at least two copies of such materials. A list, compiled by the faculty member, of the documents submitted to the chairperson shall be attached to the promotion packet. It shall be the responsibility of the chairperson to circulate that list and all documents or materials submitted by the candidate, together with any other relevant material, subject to 1.e. below, to the appropriate reviewing bodies.

If the faculty member wishes to include a lengthy unpublished manuscript and requires copying services, he/she may contact the Graphic Design and Publications Center, Newark; the Associate Dean for Student Life, Camden; or the Office of the Director of Business Affairs and Administration, Faculty of Arts and Sciences, New Brunswick at least 30 days prior to the date on which copies are needed. The faculty member will be charged the prevailing rate for services so provided. If the service cannot be provided, the candidate will be notified promptly.

e. If any document or documents, other than confidential outside letters of evaluation, the official reappointment/promotion forms, continuation pages added to these forms, reports of reading committees, supplements to confidential letters as provided in 1.h. below, and materials submitted by the candidate, are added to the promotion packet by an evaluative body, a copy of said document(s) shall be transmitted immediately to the candidate; the candidate shall have the right to submit a response or rebuttal within six working days. The response shall be directed to that level of the evaluation at which the added document was received and shall become a part of the promotion packet. Any documents that are (1) physically present during the evaluation and (2) specifically referred to during the deliberations of the evaluative body and (3) which a majority of the evaluative body agrees have a direct bearing on the evaluation must be added to the packet, in accordance with this procedure.

f. Subsequent to the commencement of the evaluation and prior to final recommendation of the Promotion Review Committee, the department chairperson shall, upon request of the candidate, add to the packet evidence of a significant change in the status of materials originally submitted by the candidate if 1) the Dean concurs that a significant change has occurred and 2) such change has occurred since the initiation of the evaluation. If there is a dispute between the candidate and the Dean as to whether a significant change has occurred in the status of materials originally submitted by the candidate, the Office of the Provost or in New Brunswick, the Office of the Executive Vice President for Academic Affairs, shall make the final determination as to whether evidence of the change shall be added to the packet.

Such additions to the packet, as provided above, shall in all instances be submitted to the level of review at which the candidate is then being evaluated. However, if the addition occurs on or before December 1, the addition to the packet shall also be circulated to each earlier level of review so that each earlier level may revise its evaluation should it deem such revision warranted by the addition. If the addition occurs after December 1, but on or before January 25, it shall be circulated only to the dean and the Promotion Review Committee, unless the department has made a negative recommendation concerning the candidacy in question, in which case it shall also be circulated to the department. The department, the dean, and/or the Promotion Review Committee may revise the evaluation made at that level should such revision be deemed by the department, the dean, or the Promotion Review Committee to be warranted by the addition.

Except as provided in 1.e. and 1.f., no other materials or documents may be introduced by the candidate after the review process has commenced.

g. With the exception of confidential outside letters of evaluation solicited in accordance with University Regulations and those documents that are generally public knowledge such as published student evaluations, published articles and other similar documents, only those materials in the official personnel file (Article XVIII), or those materials added to the packet in 1.e. and 1.f. may be used in conducting the review.

h. Outside letters of evaluation shall be held in confidence and their use restricted to evaluation of the faculty member.

A candidate may suggest potential outside evaluators and may discuss with his/her department chairperson qualified persons from whom letters may be solicited.

The candidate may prepare a list of persons in his/her field from whom he/she prefers letters of evaluation not be solicited. The candidate shall provide a written explanation for the inclusion of each person on that list. If a letter of evaluation is solicited from an individual on the candidate's list, the candidate's written explanation shall be attached to the individual's letter of evaluation. A department chair or dean may, at his/her discretion, also attach an explanation for his/her decision to solicit a letter from the individual. Such attachments,whether prepared by the candidate, the department chairperson, or the dean, shall be held, like the letters to which they refer, in confidence.

2. The candidate shall be notified of the departmental decision by the departmental chairperson in writing within five days from the date such decision is made. The candidate will be notified in writing by the dean or his designee of the final decision in the particular personnel action within ten days of receipt of the knowledge that the final decision by the appropriate person or committee has been made.

3. Each faculty member who is appointed shall be given written notice of the criteria that will be applicable in future reappointment or promotion evaluations, and those criteria shall form the basis of future evaluations. If the applicable criteria change, the University will provide written notice to the faculty member of the newly applicable criteria. A faculty member who is evaluated for and who fails to receive reappointment and/or promotion shall be so notified. At the request of a faculty member, a written explanation of the reasons for his/her non-reappointment or non-promotion shall be provided by the dean.

4. Faculty members who hold temporary titles may be considered for other appointments in accordance with regular University practices and policies.

5. For candidates in the first year of service requiring recommendation for reappointment, the departmental process shall be initiated no later than the last week of the first semester of service and shall be completed in time to conform to the appropriate date of notification as specified in University Regulations.

6. For candidates beyond the first year of service, the departmental recommendation shall be forwarded at least one month prior to the required date of notification.

7. The University shall transmit to the AAUP written notice of each positive or negative final decision concerning promotion, tenure, or reappointment of faculty members in the bargaining unit, within ten working days of final decision when action by the Board of Governors is required and within 20 working days of final decision when action by the Board of Governors is not required.

XV - PROFESSIONAL DUTIES

The parties recognize that the University accomplishes a variety of academic and professional services including undergraduate, graduate, and professional instruction, research and community service. The professional duties required of the faculty shall be in accordance with the mission of the University.

Individual workload assignments of members of the bargaining unit shall be consistent with the practice of their department, program, or unit.

Claims of inconsistency with such practices by members of the bargaining unit shall be grievable as a Category Two grievance under the contract grievance procedure (Article IX).

XVI - FAMILY LEAVE AND DISABILITY RESULTING FROM PREGNANCY

This provision deals with family leave and shall include leaves for pregnancy, post-pregnancy, disability resulting from pregnancy, disability, parenting, and caregiving.

 The AAUP and the University shall jointly designate a member of the University community to assist members of the bargaining unit in securing the benefits of this article.

The individual's department shall be responsible for closing ranks. The close ranks practice must be applied in an equitable and consistent manner. Claims that it is not being applied equitably or consistently or that an individual is being inappropriately denied his or her benefit shall be brought to the attention of that individual designated above who shall investigate and respond.

A. Short-term disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom are, for all job-related purposes, treated like other short-term disabilities. After pregnancy, a member of the bargaining unit is entitled to a recuperative paid leave of up to six weeks, or a longer period if the bargaining unit member continues to be disabled. All employment policies and practices involving commencement and duration of leave, availability of extensions, accrual of seniority and other benefits and privileges, and reinstatement and payment, shall be applied to short-term disabilities due to the above causes as they are applied to other short-term disabilities of members of the bargaining unit.

B. Requests by a member of the bargaining unit (faculty or TA/GA) for a leave of absence without pay to provide care made necessary by reason of the birth or adoption of the bargaining unit member's child or the serious health condition of a family member or same sex sole domestic partner, as determined in accordance with University policy, shall be granted in accordance with the provisions of the State of New Jersey Family Leave Act and in accordance with the provisions set forth below. Upon request by a member of the bargaining unit, a written explanation will be provided by the University for a denial of such a leave:

1. A request for such leave shall be made as far in advance as is reasonably practicable.

2. A bargaining unit member who requests a family leave shall endeavor, in the timing of such a leave, to accommodate the needs of the academic program and the provision of instruction to students.

3. In the event that such a leave is taken for a full semester, the faculty bargaining unit member may, at his/her option, have the entire year excluded from the probationary period. A written statement requesting exclusion of the entire year shall ordinarily be submitted by the faculty bargaining unit member to the dean or director at the time the leave is requested and shall be part of the official personnel file. This provision is not applicable to faculty bargaining unit members in their terminal year.

4. A first year's leave of absence without pay shall automatically extend the term of appointment by a period equal to the time excluded from the probationary period. No extension applicable to the final year of the faculty member's probationary period may be requested or granted.

5. A second year's leave of absence without pay shall not automatically extend the term of appointment. When the second year's leave of absence is requested, a faculty member may request an extension of his/her appointment for a period of time equal to the amount of the leave. If the University grants the leave, it shall at the same time respond to thefaculty member's request for an extension of the appointment. No extension applicable to the final year of the faculty member's probationary period may be requested or granted.

C. A faculty bargaining unit member who continues to fulfill the duties and responsibilities of his/her faculty appointment may request an exclusion of one year from the probationary period when he/she becomes a parent during the first five years of the probationary period, or became a parent within one year prior to appointment at the University, when the faculty bargaining unit member serves as the principal or co-equal care-giver.

A request for an exclusion of one year from the probationary period under this provision shall be made in writing and requires the approval of the department chair and the dean. Such approval shall not be unreasonably withheld. No faculty member of the bargaining unit is entitled to more than one such exclusion. Exclusion of a year from the probationary period under this provision shall automatically extend the term of appointment by a period equal to the time excluded from the probationary period.

Grievances in respect to this article applicable to Article IX shall be heard as Category 2 grievances (except as set forth in D below).

D. For the purposes of faculty reappointment and promotion consideration, University evaluators, evaluative bodies, and writers of confidential outside letters of evaluation shall be informed, only upon the candidate’s written request, that the record of a faculty member who has had time excluded from the probationary period is to be reviewed in the same manner as the record of a faculty member with the normal probationary period. Faculty members shall be informed of this option via the 30-day letter (Appendix F-1 of the University Academic Reappointment/ Promotion Instructions). An alleged violation of this provision shall not be the basis of a grievance under Article IX or under Article X, except as set forth in Article X. A.1.a.

XVII - LEAVE OF ABSENCE WITHOUT PAY

A. Leaves of absence without pay are for the purpose of professional development, personal convenience, or completion of a terminal degree. Such leaves may be for a period up to two consecutive years.

B. The granting of a leave of absence without pay to members of the faculty is subject to the needs of the academic program and requires the approval of the department chairperson and the dean. Such approval may not be unreasonably withheld, and a written statement of the reasons for withholding approval shall be given to the faculty member upon request within ten working days of that request.

C. A request for a leave of absence without pay shall normally be made one year in advance and will specify the requested dates of commencement and termination of the leave. The date for the commencement and termination of such leave shall be at the discretion of the University, but normally such leave shall commence on July 1 or on January 1 and shall terminate on December 31 or June 30.

D. A leave of absence without pay shall not count in the probationary period for tenure. In the event a leave of absence without pay is taken for one semester, the faculty member, only once during his/her probationary period, may request to have the entire year excluded from the probationary period for tenure. A request for a full year's exclusion normally shall be made by the faculty member at the time the leave of absence is requested, and, if the University grants the leave, it shall at the same time respond to the faculty member's request for a full year's exclusion.

E. A first year's leave of absence without pay shall automatically extend the term of appointment by a period equal to the time excluded from the probationary period. No extension applicable to the final year of the faculty member's probationary period may be requested or granted.

F. A second year's leave of absence without pay shall not automatically extend the term of appointment. When the second year's leave of absence is requested, a faculty member may request an extension of his/her appointment for a period of time equal to the amount of the leave, except that no extension applicable to the final year of the faculty member's probationary period may be requested or granted. If the University grants the leave, it shall at the same time respond to the faculty member's request for an extension of the appointment. Denial by the University of a faculty member's request for an extension of the appointment shall be grievable under Article IX, Category 2.

G. A faculty member who has been on a leave shall receive on return any salary improvements he/she would have received had he/she been serving at Rutgers during the leave period. Normal University policy regarding benefits during a period of leave without pay shall apply. The University shall provide to faculty members who are beginning a leave of absence without pay the forms and instructions necessary to re-enrolling in those benefit plans for which they are eligible upon their return to paid employment.

XVIII - PERSONNEL FILES

A. The official personnel file for each faculty member shall be maintained in the office of the appropriate dean or director. The contents of this file, at the sole discretion of the University except as otherwise provided in this Article, may include the types of material listed below, as well as other materials:

1. Documents submitted by the faculty member or placed in his/her file at his/her request.

2. Documents concerning the individual's employment history at the University and all records of personnel decisions affecting his/her compensation or employment status.

3. Materials assembled in accordance with University Regulations, practices and policies, or the terms of this Agreement concerning the evaluation, reappointment, promotion, or tenure of each faculty member, with the exception of outside confidential letters of recommendation.

B. The official personnel file for each teaching/graduate assistant shall be maintained in the office of the appropriate dean or director.

C. Any member of the bargaining unit may have access to all documents in his/her official personnel file, including internal evaluations related to the individual, and may add to those records such materials as the individual believes necessary to give a reasonable representation of the individual’s record.

D. The official personnel file shall be available for examination by the bargaining unit member who shall be entitled to review it at reasonable hours upon written request and to purchase copies of any or all materials contained therein.

E. When a personnel action has been initiated by a department or other appropriate body, access to the promotion forms related to that action will not be available to the faculty member until that personnel action has been completed.

F. No material may be added to the official personnel file more than one year after its receipt by the academic officer to whom the material is originally directed except according to the procedure outlined below:

1. The academic officer who wishes to add material more than one year after its receipt shall provide an accompanying written explanation for the addition of the material.

2. The faculty member shall have the opportunity to appeal to the dean the addition of material added to his/her official personnel file more than one year after its receipt.

3. The faculty member may appeal the decision of the dean to the appropriate provost.

G. If a bargaining unit member believes that material necessary to give a reasonable representation of his/her record exists elsewhere, the bargaining unit member may apply in writing to his/her Provost, or in New Brunswick to the Executive Vice President for Academic Affairs, requesting access to the material. This request must specify, to the best of the faculty member's knowledge, the nature of the material and its location within the University.

Wiithin 15 working days of such request, the Provost or the Executive Vice President for Academic Affairs, or his/her designee shall respond by either:

1. Producing the material requested, or

2. Certifying in writing that to the best of his/her knowledge the alleged material does not exist, or that it exists but does not belong in the faculty member's official personnel file. Such certification shall be placed in the official personnel file and shall serve to preclude the use of such material in any personnel action.

H. The bargaining unit member shall have the right to prepare a written response to any document in the official personnel file which the bargaining unit member believes reflects negatively on his/her abilities or performance. The written response will be placed in the official personnel file if the response is provided to the dean with the explicit request that it be placed in the official personnel file.

XIX - MISCELLANEOUS

A. Agenda materials for the regular monthly public meeting of the Board of Governors will be forwarded to the AAUP at the time they are distributed to the members of the Board of Governors with the following exceptions:

1. All items related to personnel actions;

2. Advisory, consultative or deliberative materials as defined by the Open Public Records Act;

3. Confidential or privileged materials relating to items that involve matters that may be discussed in closed session under the Open Public Meetings Act.

Disputes about A.2. and A.3. shall be grievable only through Step One of Article IX. Nothing herein shall preclude a challenge to a University determination made pursuant to A.2. or A.3. being brought before an appropriate governmental or judicial forum.

B.

1. Before being presented to the Board of Governors, proposed changes in University Regulations, policies, and/or practices affecting the terms and conditions of employment of the members of the bargaining unit shall first be submitted to the AAUP for negotiation.

2. Section B.1. above shall be construed to require negotiations only as to those aspects of such proposed changes that constitute mandatory subjects of negotiation. Disputes concerning the application of section B.1. and B.2. shall be resolved by submission to the Public Employment Relations Commission under its scope-of-negotiation processes.

C. The parties agree to share the cost of the initial printing and distribution of copies of this Agreement. The initial printing shall include 400 copies for each party and a sufficient number for current and future bargaining unit members.

The parties agree that this Agreement will be distributed to members of the bargaining unit as soon as practical after ratification and to new members of the bargaining unit at the time of the second paycheck after commencement of employment.

After the initial printing, the AAUP agrees to pay the printing and distribution costs for additional copies of this Agreement that it orders for its own use, and the University agrees to pay the printing and distribution costs for additional copies of this Agreement that it orders for its own use. Said Agreement shall be printed by the University’s Mail and Document Services and shall bear the AAUP logo on the cover of the contract.

Paragraph C shall be reviewed by the parties in the next negotiations to evaluate the feasibility of providing access to the Agreement electronically.

D.

1. The annual motor vehicle registration fee for employees wishing to register their vehicles for the use of campus parking facilities shall be based on the employee's annual salary at the time of billing. Collection of the motor vehicle registration fee shall be in January of each academic year.

2. The annual motor vehicle registration fee for employees wishing to register their vehicles for the use of surface campus parking facilities shall be 1/10 of one (1) percent of the employee's annual salary for employees earning less than $25,000. For salaries from $25,000 to $29,999 the rate shall be 11/100th of one (1) percent (.0011). For salaries from $30,000 to $34,999, the rate shall be 12/100th of one (1) percent (.0012). For salaries from $35,000 to $39,999 the rate shall be 14/100th of one (1) percent (.0014). For salaries from $40,000 to $44,999, the rate shall be 16/100th of one (1) percent (.0016). For salaries from $45,000 to $49,999 the rate shall be 18/100th of one (1) percent (.0018). Thereafter, the rate shall increase 2/100th of one (1) percent (.0002) for each additional $10,000 of salary or portion thereof, the new rate to be applied to the entire salary. Thus, the rate for $50,000 - $59,999 is .002, $60,000 - $69,999 is .0022, $70,000 - $79,999 is .0024, etc.

3. To the extent permitted by law, effective January 1, 2000, employees who pay the motor vehicle registration fee for the use of campus parking facilities by way of payroll deduction shall be given the option of paying said fee by way of a pretax payroll deduction.

E. Effective 2004-2005, there shall be an Educational Assistance Program pursuant to Section 127 of the Internal Revenue Code that provides educational assistance to Teaching and Graduate Assistants covered by this agreement as follows. There shall be no required college fee or computer fee, except that in the case of a part-time TA/GA who is a full-time student, the educational assistance shall be limited to the amount of the applicable full-time college fee less the amount of the part-time college fee applicable to the student’s school or college, plus the computer fee.

The educational assistance provided for herein shall continue in perpetuity and the University agrees that, unless the AAUP agrees to a modification, this provision will survive the expiration of the collective negotiations agreement and continue in all succeeding collective negotiations agreements.

Required student fees paid by part-time teaching assistants and graduate assistants may be paid by way of bi-weekly payroll deduction.

F. Campus Mail

1. To the extent permitted by law, upon the effective date of this Agreement, the University will carry without charge by University campus mail up to three times per semester the AAUP newsletter to its bargaining unit members. The AAUP will not send, and the University will not carry, by campus mail any other matter except upon payment of appropriate United States Postal charges.

2.a. The AAUP shall indemnify and save harmless the University against any and all claims, demands, suits, judgments, settlements, or any other forms of liability, including reasonable counsel fees and other costs of defense, that shall arise out of or by reason of any action taken by the University to comply with Section F.1. above, including liability for United States Postal charges for carriage of AAUP mail at any time and also including but not limited to, any actions in connection with defending the legality of this indemnification provision. The AAUP shall remit payment for said fees and costs to the University within 30 days after receipt of a detailed statement of services rendered in connection with said defense. If full payment is not remitted within 30 days, the University’s obligation pursuant to Section F.1. shall be suspended for so long as this statement of services remains unpaid.

b. In the event this indemnification provision is found by any court or administrative agency of competent jurisdiction to be illegal or against public policy, then effective the date on which the AAUP no longer remits payments to the University as provided in Section F.2.a. above, the University’s obligation under Section F.1. above shall terminate.

c.. The University shall retain its right to determine the course of conduct, including but not limited to, the right to select counsel and determine strategy, in any action arising out of or by reason of the provisions of Section F.

G. University Website

As soon as practical after the effective date of this Agreement, the University shall put this Agreement on the University’s Website and shall list on the Website the name, address and telephone number and Website of the Rutgers Council of AAUP Chapters.

XX - HEALTH AND SAFETY

A. The University will meet with the AAUP at regular intervals five times during the course of the year to discuss employment-related health and safety problems. The University’s representatives shall be administrative officers of the University.

The AAUP may request the attendance of any administrative officer whom it believes can provide detailed information on a subject related to the health and safety of bargaining unit members. Such request shall not be unreasonably denied.

B. Bargaining-unit members are responsible for reporting health and safety problems to their dean or director and to the Rutgers Environmental Health & Safety Department. Such reports shall be filed on the Health and Safety Report Form. The University is responsible for promptly forwarding a copy of each Health and Safety Report Form filed by members of the bargaining unit to the AAUP. The University is responsible for maintaining a supply of Health and Safety Report Forms in every University department where bargaining unit members are employed.

C. The AAUP and the University shall jointly appoint faculty bargaining unit members to the Unit Safety Committees for academic departments.

D. The AAUP and the University shall jointly appoint faculty bargaining unit members to the Campus Safety Committees. At least one faculty bargaining unit member shall be appointed to each Campus Safety Committee.

E. No bargaining unit member shall be required to work under conditions where there has been a determination, on a reasonable basis in fact, that those conditions pose an immediate danger to health and safety. It shall be the responsibility of the University to make such determinations as rapidly as possible.

F. Information

1. The AAUP may request from the University information concerning health and safety matters affecting bargaining unit members, and the University shall provide the information requested.

2. In the event that the requested information is directly involved in pending litigation between the parties, the AAUP will not request the information under the procedure set forth in this Article but may rely only on any rights it has pursuant to the pending litigation.

3. In the event that the requested information is directly involved in pending litigation between the University and any other party, then the AAUP and the University agree to limit access to the information to a designated official of the AAUP. Such official may not be a party to or involved in the pending litigation. The designated official of the AAUP shall not disclose such information, either directly or indirectly, except in discussions with appropriate University officials and in arbitration procedures arising under Article IX of the Agreement. In the event it becomes necessary for the AAUP to disclose such information in an arbitration proceeding, the parties agree that such arbitration shall be closed and the record thereof sealed. This provision shall not prevent the AAUP from discussing the information with its counsel.

4. When the AAUP requests health and safety information, it agrees to cooperate fully with the University in the acquisition of such information.

5. The University and the AAUP agree that when such a request for information will require significant expenditure of time and/or funds, the parties shall bear such costs equally.

G. When the University determines to remove asbestos from a building or a portion of a building in which members of the AAUP bargaining unit work (and usually prior to the development of specifications for the removal project), the University shall inform the AAUP and, if the AAUP so requests, the University shall meet with the AAUP to discuss the effect, if any, of such removal on bargaining-unit members. Except for minor asbestos projects, the University shall notify the AAUP no later than ten working days after a contract is awarded for asbestos removal and identify the contractor; the AAUP will notify the University within one (1) working day of its receipt of notification of its desire to meet with the University prior to the beginning of the work.

(5) When air sample tests are made, the descriptions of testing procedures shall include the number of tests, the location of tests, and, for each sample, the type of microscopic analysis, the type of filter, the air flow, and the duration of the test.

When asbestos is being removed from a portion of a building and members of the AAUP bargaining unit continue to work in other portions of that building, the University shall forward to the AAUP promptly upon receipt all reports made by the independent safety monitor. Whenever an air test result exceeds the standard for PCM and TEM outside a containment barrier, the AAUP shall be simultaneously informed of the corrective steps being taken. Follow-up test results will be reported as soon as they are available. In addition, the University will make available to the AAUP promptly the results and descriptions of air sample tests,(5) if any, made by the Rutgers Environmental Health & Safety Department to monitor building conditions while the removal is in progress.

When a timetable has been established by the University for reopening a building in which members of the AAUP bargaining unit work, the University shall so inform the AAUP. Results and descriptions of all test procedures carried out to determine that the building is safe to reoccupy and a copy of the Certificate of Occupancy shall be provided to the AAUP. Prior to the reoccupation of the building by members of the bargaining unit, the AAUP will be informed by telephone of the receipt by the University of the Certificate of Occupancy.

XXI - UNIVERSITY PROCEDURES

Rutgers and the AAUP agree that all members of the bargaining unit shall be entitled to enjoy, and shall be subject to, all terms and conditions of employment applicable to the bargaining unit provided for in the University Regulations and Procedures Manual and not provided for herein. During the life of the Agreement or any extension thereof, any change in the University Regulations and Procedures Manual that constitutes a change in a mandatorily negotiable term and condition of employment of members of the bargaining unit shall be negotiated.

Grievances arising under this Article, applicable to Article IX, shall be heard as Category Two grievances.

XXII - CONDITIONS OF EMPLOYMENT

A. Academic Year Appointments

Appointment for the academic year requires that the appointee be in attendance at the University from September 1 to Commencement, or an equivalent period, within each academic year unless excused by the appropriate academic officer.

B. Calendar Year Appointments

Appointment for the calendar year (July 1 - June 30) requires that the appointee be in attendance at the University for the entire year unless excused by the appropriate academic officer, with the exception of a vacation of one month.

Grievances arising under this Article, applicable to Article IX, shall be heard as Category Two grievances.

XXIII - OUT-OF-CYCLE SALARY ADJUSTMENTS

A. The University may, at its discretion, increase the salary of an individual member of the bargaining unit to respond to a bona fide outside offer or to provide immediate recognition for an unusual professional achievement. The University may also, at its discretion, increase the salary of a member of the bargaining unit when it believes that an outside offer is imminent because of recent distinguished professional achievements and other evidence.

When the University considers offering such an increase, notice shall be given in writing to the available tenured members of the individual's department who shall be polled about the proposed increase and their recommendation shall be forwarded in writing to the dean. The department's recommendation shall include a description of the process by which its relevant members were polled. The results of the poll shall also be communicated by the chair to the tenured members of the department.

When the University has determined to make such an increase, it shall inform the AAUP in writing and shall include a copy of the outside offer, or evidence of the imminence of an outside offer, or evidence of the unusual professional achievement. It shall also include the written recommendation from the department, with relevant documentation; the dean's recommendation, with relevant documentation; and the current and adjusted salary. The relevant documentation from the department shall include the results of the poll and any motion or report that accompanies the recommendation. If the University determines to make such an increase in the absence of a positive recommendation from the department poll, the University will provide the AAUP with a written explanation of its reason.

B. The University may, at its discretion, increase the salary of a member or members of the bargaining unit in response to market conditions in a particular discipline or subdiscipline for which it has negotiated a special schedule. The University will inform the AAUP in writing of the name, rank, and current and adjusted salaries of each individual for whom an increase is to be made.

C. During each year of this Agreement, or any extension thereof, the University may, without further negotiation, make up to three out-of-cycle salary adjustments which remove tenured bargaining unit members from the appropriate negotiated salary tables and an unlimited number of out-of-cycle salary adjustments which remove untenured bargaining unit members from the appropriate negotiated salary tables.

D. This article is in effect only during the period of this Agreement and any extension thereof.

E. During the effective term of this Agreement, all out-of-cycle salary adjustments to an individual recipient, beyond the first, which is at University discretion under section A. above, shall be subject to negotiation with the AAUP.

F. The University shall not implement any salary adjustment until 15 working days after it has informed the AAUP of its determination, as specified above, or until such time as the AAUP and the University have agreed in writing that the requirements of this Article have been fulfilled, whichever is sooner.

XXIV - NOTICE OF CHANGE OF PROMOTIONAL CRITERIA AND STANDARDS

When the University changes the promotional criteria and standards as embodied in Appendix D ("Policy with Respect to Academic Appointments and Promotions") and Appendix E ("Weightings and their Assignment in Reappointment and Promotion Evaluation"), University Regulations, or written policies promulgated by the President or a Vice President of the University it shall notify the AAUP of the changes when they are promulgated.

XXV - SABBATICAL PROGRAM

Tenure track assistant professors shall be eligible for a one-semester sabbatical at 100% salary after 6 semesters. All other sabbaticals, whether one-semester or two semesters, shall be at 80% salary, except that a one-semester sabbatical at 100% salary shall be available after 12 semesters.

Individuals in the last year of the probationary period, or in a terminal year, are not eligible for a sabbatical.

Sabbaticals at 80% salary shall be by way of salary reduction.

All other rules governing Sabbatical Program - formerly known as Faculty Academic Study Program - continue in effect.

XXVI - COMMITTEE ON PROFESSIONAL RELATIONS

A. The parties acknowledge the mutual benefits to be derived from joint consultation, improved communication and joint problem solving. Therefore, the parties hereby establish a Committee on Professional Relations. The purpose of this Committee is to facilitate communication between the parties during the term of the contract whenever a significant problem arises. Although this Committee will be available for such problem solving utilizing a mutual gains approach to the extent possible, nothing prohibits the parties from using other means of problem solving.

B. The Committee shall be comprised of up to three (3) members of the AAUP and up to three (3) members of the Administration.

C. The Committee shall meet as often as the parties deem necessary.

D. Alleged violations of this Article shall not be grievable, but rather may be presented by either party to the Committee for discussion.

 

XXVII Term of Agreement

This agreement shall be effective from August 2, 2004 to June 30, 2007

The parties may by mutual agreement continue the terms of the existing agreement beyond June 30, 2007. In this event, either party may terminate such agreement by thirty (30) days written notice to the other.