Monday, March 27, 2017

Bargaining update #7

The NFA-CSN and CSN Administration teams met for a bargaining session Friday, March 24th in Henderson. At the session, the NFA team brought proposals on Work out of Title, Overload Requests, Immigration Status, and Contact Hours, as well as a counter on Safety. CSN Administration countered on Salary, Market Hires, and Discipline and Termination.

CSN Administration's Salary counter:

The NFA-CSN team is disappointed in Administration's Salary counter, which does not guarantee any money for funding base salary adjustments. The NFA-CSN team sees this as an offer of a zero percent increase. The NFA-CSN team was also disappointed that Administration offered no increase to overload pay, and that Administration ignored all of NFA-CSN's proposal on initial salary placement.

Here is a comparison of some key points in the two Salary proposals:

NFA-CSN: base salary adjustment via three equity studies, one in each year of a proposed three year contract.
CSN Administration: one equity study.

NFA-CSN: a guaranteed pool of money to be distributed based on the results of these studies, amounting to 2.5% in contract year one, 3.0% in contract year two, and 4.0% in contract year three.
CSN Administration: no guaranteed pool of money.

NFA-CSN: the studies would be conducted by a group composed of two representatives each from NFA and Administration, with the Faculty Senate Chair holding a tie-breaking vote.
CSN Administration: two representatives each from NFA and Administration. CSN President has sole authority to approve or deny results of the study.

NFA-CSN: equity broadly construed-- equity vis a vis other faculty at the institution (internal equity), vis a vis other institutions (external equity), and vis a vis the published NSHE salary scale (equitable placement on salary scale).
CSN Administration: equity narrowly construed-- internal equity only, no mention of the NSHE salary scale or salaries at peer institutions.

NFA-CSN: salary adjustments from the studies to be retroactive to the beginning of each contract year.
CSN Administration: no binding timeline for equity study (only a “target date for completion”); adjustments (if there are any) not retroactive.

NFA-CSN: increase of the overload pay rate to the NSHE-recommended level of $1017 per IU.
CSN Administration: no increase to overload pay.

NFA-CSN: equitable system for initial salary placement which shall be published; faculty to be able to request a written explanation of their initial salary placement.
CSN Administration: nothing regarding initial salary placement.

From the NFA perspective, what the Administration has proposed is basically nothing. Their proposal is that an equity study should be conducted with no guaranteed money attached nor any binding timeline with all results ultimately at the sole discretion of the President. To us, that is like putting fingers in the ears and humming, trying to ignore away the fact that there is a powerful and justified desire among the faculty for salary increases, to the extent that CSN is now unionized and we are at the bargaining table to discuss it.

Faculty have made their feelings regarding compensation abundantly clear, and NFA-CSN has consistently indicated the importance of salary at the bargaining table. It seems that Administration still does not understand.

CSN Administration's Market Hires counter:

While Administration's Salary counter was disappointing, the NFA-CSN team was largely pleased with Administration's Market Hire counter.

The conditions for Market Hires at CSN have not matched the idea of the Market Hire status – tenure-track foregone in exchange for additional salary as merited by marketable skills – in that Market Hire average salary is substantially below tenure-track average salary.

To remedy this, NFA-CSN proposed a tenuring process for Market Hires, and in their counter CSN Administration agreed in principle to create such a process. They will be allowed to start as Market Hires and then later apply for tenure; those who are long-time Market Hire employees will be allowed to choose if and when they want to apply for tenure. This will be a huge stride for these valuable, hard-working faculty, who as a group bring important technical skills to the college.

NFA-CSN will counter Administration's proposal in order to hash out some details, but it seems that there is substantial agreement on the main idea. NFA-CSN is pleased that Administration has considered the situation of the Market Hires and decided to take a positive approach.

CSN Administration's Discipline and Termination counter:

The Administration counter on Discipline and Termination was based on but contained various changes to the NFA proposal.

There is certainly room for discussion of various aspects of the proposal, but one point NFA categorically disagrees with is Administration's intention to cut out any possibility of a decision on a discipline case being made by a neutral third party, and instead place all authority in the hands of the CSN President.

In disciplinary matters, judgment by a neutral third party is key for fairness, and the potential for such judgment as the final step of a disciplinary process acts as a check on bad behavior at lower steps of the process. Faculty deserve this basic fairness, and it will improve the work environment when it comes to perceptions of fairness in discipline.

As a note, Administration criticized NFA-CSN's proposal, saying that we proposed “the faculty member chooses all of the hearing panel members” in our proposed disciplinary committee process. We do not think a plain language reading of our proposal, which states Within 14 calendar days an ad hoc Discipline Oversight committee shall be convened by the Faculty Senate Chair and/or the Ombudsman by randomly selecting seven faculty members from the campus of the bargaining unit member’s choosing” supports the Administration's claim that we have proposed the faculty member choose their own disciplinary committee. We are saying the faculty member chooses the campus from which faculty are randomly selected. To be clear, we are not asking that faculty be allowed to hand-craft their own discipline committee, and we think it is quite a stretch to read into our proposal otherwise.

NFA-CSN proposal on Contact Hours: The NFA-CSN proposal is to increase the contact hours IU multiplier for Laboratory and Studio work (Clinic/Lab/Studio on the workload form) from .75 to 1.0 over the course of the contract, and the Coordination/Supervision of Health Sciences Clinical Courses multiplier (Clinic Supervision on the workload form) from .40 to .50 over the course of the contract.

The NFA-CSN team made arguments at the table as to how lab teaching can be as or more difficult than lecture teaching. Professor Steve Soltz of Hospitality Management gave examples from his own work, as did others. NFA-CSN also noted that the CSN multipliers are below those at TMCC. Further, the CSN workload policy states increasing the multiplier for Lab work to 1.0 as a future goal. We would like to realize that goal through the CBA.

NFA-CSN proposal on Work out of Title: The NFA-CSN proposal is to adopt job descriptions into the contract to define what is work in or out of title. Work that is out of title – meaning activities not within the job description – can be assigned to faculty, but if assigned for more than one day a semester, requires additional compensation.

NFA sees this as a moderate and modest proposal. It aims to discourage the habitual assignment of work out of title, thereby helping to ensure that job descriptions have meaning and that professional employees are treated professionally. At the same time, it does not proscribe work out of title, leaving flexibility especially in the case of rare or one-off circumstances.

NFA-CSN proposal on Overload Requests: The NFA-CSN proposal is for 0-4 overload IU requests to be granted automatically, above 4 through 6 overload IU requests to be granted at the discretion of the Department Chair or Program Director, and in the event of unexpected shortages within a department, above 6 through 9 IU overload requests to be possibly granted. The proposal is clear, that the latter should not occur as a regular event – saying that it can occur at most one semester every two years.

NFA-CSN proposal on Immigration Status: In light of recent political and social developments nation-wide, as well as controversies here in Nevada, NFA-CSN proposed that bargaining unit faculty should not be compelled to report any member of the CSN community's immigration status, nor to deny a student services based on the student's immigration status.


NFA-CSN counter-proposal on Safety: While using their own language, CSN Administration's latest proposal took account of various NFA concerns on Safety. Accordingly, NFA-CSN offered a counter that incorporated CSN Administration's language with some changes.