Summary of Negotiated Changes in Tentative Agreement
[Note: Articles not included (or referenced as deleted) in list below remain the same as in prior Agreement]
Article 2 – Academic Freedom: Updating of University Policy references to Academic Freedom. Expansion of language to expressly note that faculty are entitled to academic freedom, regardless of the media. Language included that specifically addresses process for challenging violations of academic freedom, potentially opening door to binding arbitration for adjudication of claimed violations.
Article 3 – Recognition: Removal of language that limited faculty within bargaining unit to those who discharge 50% of a full time academic job assignment. Reference to rank of “distinguished professor” when describing “faculty member” added; reference to title “Assistant Instructor” removed (title was phased out in prior contract.) Addition of “confidential employees” to identify officers of administration excluded from unit. Removal of references to medical school merger.
Article 4 – Prohibited Discrimination and Prohibited Harassment: Expansion of language protecting members from harassment, retaliation, workplace violence, sexual violence, relationship violence, stalking and related misconduct. Addition of language that encourages unit members to contact the Office of Employment Equity if alleging discrimination and violation of related University policies. Categories of prohibited discrimination expanded to include genetic information and/or refusal to submit to a genetic test or make available the results of a genetic test. Removal of language limiting claimed violations to Category Two (advisory) grievances, thereby creating possible pathway to binding arbitration for claimed violations.
Article 5 – Deduction of Professional Dues: Compliance changes following Supreme Court decision in Janus.
Article 6 – Diversity, Race, and Gender (Previous Article 6, “Representation Fees,” was deleted in its entirety as a result of the Janus decision):
- Entirely new article addressing the value of recognizing diversity and inclusion.
- University must now provide race and gender employment data to the Union.
- A University Committee on Diversity, Race, and Gender (UCD) to be constituted, comprised of equal Union and administrative appointees from New Brunswick, Newark and Camden, with co-Chairs identified as the Senior VP for Academic Affairs and an individual appointed by the Union.
- The UCD’s charge is to recommend initiatives pertaining to diversity, including training, recruitment, retention, mentoring, and professional development.
- An annual joint Diversity Conference will be held to address issues confronting historically underrepresented faculty and graduate students in public research institutions nationally.A report of activities, plans and goals will be produced annually.
- UCD will meet twice annually to discuss hiring and retention of a diverse faculty in connection with the President’s Faculty Diversity Hiring Initiative. The University will provide to the UCD a report twice per year regarding the expenditure of funds from the $20 million fund established for recruitment and retention of diverse faculty.
- The University will make up available up to $500,000 during the term of the Agreement to support contractually identified diversity initiatives.
- Language included to strongly encourage all faculty to consult with their chairs, deans/directors, and other senior members as they prepare to seek reappointment and/or promotion.
Article 7 – Designation of AAUP-AFT Representatives and Their Privileges: The amount of release time available to the Union for release of designated officers/members is increased from 21 to 30 credits per year. The cap on the percentage of salary the Union may pay for release of non-instructional faculty is increased from $12,000 to $30,000 per semester. The University shall provide three credits of paid release time per semester for the Chair of the Union’s negotiating committee. References to university website language and campus mail language moved from prior Article 19 to this article. Language related to access to university facilities, orientations, and the general conduct of Union business expanded to comply with the New Jersey Workplace Democracy Enhancement Act.
Article 8 – Salary Provisions, Faculty Compensation Program and Health Insurance Benefits:
Faculty members will receive the following increases:
- Fiscal Year 2018 -2019: $3,642 across the board salary increases added to base salary retroactive to July 1, 2018
- Fiscal Year 2019 – 2020: 3% across the board salary increase, effective July 1, 2019
- Fiscal Year 2020 – 2021: Salary pool increase of 3% for merit awards. Faculty members who meet the eligibility criteria in the Faculty Compensation Program (FCP) are eligible to participate in the FCP, for salary increases up to 10%, effective July 1, 2020
- Fiscal Year 2021-2022: 2.5% across the board salary increase, effective July 1, 2021
Tenure Track Assistant Professors will now receive a 3% salary increase on their date of reappointment (up from 2.5% in the previous agreement.)
The University must provide the AAUP-AFT information regarding the merit process, including members nominated for merit increases, the increases awarded, if any, and reasons for recommendations. Removal of language limiting claimed violations of procedural violations in the merit process to Category Two (advisory) grievances, thereby creating possible pathway to binding arbitration for claimed violations that result in the failure to receive a merit increase.
Teaching Assistants and Graduate Assistants will receive the following increases:
- Fiscal Year 2018 – 2019: A $1,000 increase to the minimum base salary bringing the base to $26,969 forAcademic Year (AY) Appointments and $30,604 for Calendar Year(CY) Appointments. Retroactive payments will be made upon ratification.
- Fiscal Year 2019 – 2020: minimum of $28,569 (AY) and $32,204 (CY)
- Fiscal Year 2020 – 2021: minimum of $29,426 (AY) and $33,170 (CY)
- Fiscal Year 2021 – 2022: minimum of$30,162 (AY) and $33,999 (CY)
The AAUP-AFT and the University will meet to reopen negotiations regarding health benefits to discuss modifications to the current plans offered to faculty.
Out-of-Cycle Salary Adjustments (Article 23 in prior contract):
Expanded to allow for salary adjustments on the basis of equity. This is in addition to unusual professional achievements, outside offers and/or market conditions.
Internal and external benchmarks for an equity request can include, but are not limited to, teaching, service and research achievements, and other relevant accomplishments compared to relevant peers (that may include faculty on other Rutgers campuses) and with the recognition that Rutgers prohibits discrimination based on any legally protected classifications, including gender and race.
Article 9 – Grievance Procedure: Categories of grievances refined, expanding matters that can be grieved to binding arbitration, e.g., discipline. Agreement that claimed violations of Article 4 (Prohibited Discrimination and Prohibited Harassment) will be held in abeyance pending an investigation, if any, by the Office of Employment Equity. Time permitted to file grievances under this article is reduced from six months to four and from 30 to 20 working days in cases where an accelerated schedule is requested. Change to language concerning deadline requirement for University’s provision of requested information.
Article 10 – Faculty Personnel Grievance Procedure for Tenured and Tenure-Track Faculty (grievances related to reappointment/promotion considerations): Addition of requirement that grievances alleging discrimination in an evaluation must have those allegations forwarded to the Office of Employment Equity for consideration and action (see Appendix X). Language added that a “notice of intent” to file a grievance does not constitute a “grievance” under the article. Inclusion of language that expressly expands period of time that information can be requested from the University. A new requirement that in cases where the Faculty Appeals Board has made a recommendation for promotion, that recommendation must be considered and explicitly addressed by the Promotion Review Committee in its recommendation to the President. Language concerning timetable for constituting grievance committees changed from “no later than October 15” to “as soon as reasonably practicable” following the filing of a grievance. The President’s requirement to select Faculty Appeals Board members will apply only in years when an appeal to the Board is possible. The date for the Union to provide recommendations to the Board is changed from March 1 to July 1.
Article 11 – Non-Tenure Track Grievance Procedure (related to reappointment/promotion considerations): Entirely new article intended to address procedurally flawed NTT reappointment and/or promotion evaluations. Three-member peer committees comprised of two randomly selected tenured/tenured track faculty and one NTT faculty member will consider and decide grievances. Article sets forth process to be followed from the time of filing a grievance to a decision on whether alleged defects occurred. The sole and exclusive remedy if a grievance is sustained is a remanded evaluation.
Article 12 – Teaching Assistants/Graduate Assistants: Effective Spring 2020, full time PhD students who are paid a salary by the University to teach courses in a Rutgers academic program, who have not been given admission to candidacy (ABD) or through the completion of their fifth year, whichever is sooner, can only be appointed as Teaching Assistants.
Beginning with the end of the Fall 2019 semester, the University will provide the AAUP-AFT with information of all full time graduate students (this includes Master’s students) who are employed by the University for eight or more hours in a week and are not employed in a TA/GA position.
Graduate students who are identified from the information supplied as someone who should have been classified as a TA or GA will have the ability to file a grievance to be re-classified. Also, those who will be employed in a subsequent semester in the same role for the department will be employed as a TA or GA.
Article 14 – Reappointment/Promotion of Tenured and Tenure-Track Faculty (procedural provisions): Addition of language that defines the “Ten Year Rule” related to faculty promotions. Also newly required that external confidential letter writers be provided, in letters of solicitation, the rule as currently set forth in Policy 60.5.17. New language requiring that, in cases where the Promotion Review Committee makes a recommendation that differs from the recommendation of the department and/or Dean, the committee shall provide a basis for such disagreement in its narrative to the President. Removal of language pertaining to NTT appointments that is now covered in other NTT-related articles.
Article 15 – Professional Duties: Addition of reference to workload “policies” (in addition to “practices”) in a department, program, or unit.
Article 16 – Parental and Medical Leaves: Article re-written to clarify leaves that are available for personal illness, pregnancy, post-pregnancy, disability, parenting, caregiving, family illness and family leave. Length of leaves available is unchanged. Statutory leaves, i.e., NJ SAFE Act, FMLA, and NJFLA now expressly required in contract to run concurrently with paid time off. Addition of University requirement to provide lactation spaces. Grievances related to this article may now be filed under Article 9, Category One (binding arbitration).
Article 19 – Miscellaneous: Language related to the university website and campus mail moved to Article 7.
Article 20 – Health and Safety: A committee will be formed, co-chaired by a designee from Rutgers Environmental Health and Safety (REHS) and a unit member of the AAUP-AFT. The committee will meet two times per year. The AAUP-AFT may appoint up to four members to serve on this committee. The AAUP-AFT may request results of health and safety inspections of facilities conducted by federal, state, and local agencies.
Article 23 – Teaching Assistant/Graduate Assistant Personnel Grievance Procedure: Committees and replacement pools for Step 2 of this procedure will now be constituted as needed and will remain in place for one year.
Article 25 – Sabbatical Leave Program: Incorporation of University “Sabbatical Leave Program” document into Collective Agreement. Grievances related to denial of sabbatical for academic reasons are not grievable.
Article 27 – Non-Tenure Track Faculty:
- NTT Lecturer title to include ranks and associated minimum salaries.
- Appointment terms of non-grant funded faculty is increased from one to five years to one to seven years.
- Upon reappointment, non-grant funded faculty shall receive appointment terms that are at least equal to or greater than the immediately preceding term of appointment, unless mutually agreed upon by the chair and faculty member.
- As of July 1, 2018 an individual that has served in a full-time NTT title for at least six years within an eight year period, if reappointed thereafter, will receive appointments of not less than three years (increased from two years in prior agreement).
- Upon promotion to the rank of Associate Professor, NTT faculty shall receive a term equal to the term held immediately prior to the promotion, but the term shall not be less than three years.
- Upon promotion to the rank of Professor and Distinguished Professor, NTT faculty shall receive a term equal to the term held immediately prior to the promotion, but the term shall not be less than three years for promotion to Professor and four years for promotion to Distinguished Professor.
- NTTs with six or seven year appointments shall be evaluated at least three times during the term of that appointment. The frequency of evaluations for NTTs with three, four or five year appointments shall remain the same (at least two evaluations during the term of the appointment).
- Faculty are entitled to copies of written evaluations.
- The University may sponsor and support international NTTs in securing H1-B visas and permanent residency (a ‘green card’).
- The terms and conditions of employment of Long-Term Contract Law Faculty (“LTC”) in the Rutgers Law School negotiated in a separate prior agreement between the AAUP-AFT and Rutgers University, have been memorialized and refined.
Article 28 – Term of Agreement: New term of Agreement is July 1, 2018 to June 30, 2022.
Appendix H – Faculty Suspensions at Less Than Full Pay: The term of suspension defined as up to one semester “or an equivalent period.” The University may appoint a designee to serve in the role of Dean or Chancellor throughout process. Faculty committees considering suspension will be provided documents relied on by the dean in recommending a suspension, unless barred by law, and/or redacted as appropriate. Right to grieve imposition of suspension as a Category One grievance with binding arbitration.
Side Letter of Agreement — Infosilem: University required to provide information from the third simulation of the Infosilem Course Scheduling System no later than June 1, 2019. Same information to be provided within 30 calendar days of completion of Simulation 4. The parties will engage in mid-contract negotiations in an effort to reach agreement on mandatory subjects relating to the impact of Infosilem. The Union agrees to withdraw the related unfair practice charge filed with the Public Employment Relations commission.
Side letter of Agreement — Representation Fees: Addresses removal of Article 6 from prior Agreement.
Appendix X – Confidentiality of Evaluation and Article 10 Grievances: Codification and explanation of joint agreement related to confidentiality of evaluation processes and the Article 10 Grievance Procedure. Following the completion of a reappointment or promotion process, faculty cannot be prohibited from disclosing information about the process of review that in his or her judgment there is good and sufficient reason to disclose [see Appendix for full text].
Appendix X – Discrimination Appeal Appendix (related to discrimination claims in Articles 10 or 11 grievance procedures): Grievances alleging that reappointment or promotion decisions were based on discrimination in violation of Article 4 must be presented on grievance forms applicable to Articles 10 or 11 (Tenured/Tenure Track and NTT Grievance Procedures). Allegations of discrimination thus presented shall be forwarded to the Office of Employment Equity (OEE) for possible investigation and response. Non-discrimination allegations presented in Articles 10 and 11 will proceed to committees as set forth in those procedures. If OEE determines that an evaluation was based on discrimination, the University will remand the evaluation consistent with the applicable grievance articles. If OEE does not make a finding of discrimination, the Union may appeal the OEE decision to binding arbitration. An arbitrator would be limited in these cases to ordering a remanded evaluation consistent with the relevant grievance procedures. Any remand flowing from a determination through OEE or an arbitrator that discrimination occurred will be consolidated where possible with any remand resulting from a grievance committee decision related to non-discrimination type allegations.