MAINE COMMUNITY COLL EGE SYSTEM BOARD OF TRUSTEES AGREEMENT MAINE EDUCATION ASSOCIATION FACULTY UNIT

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1 MAINE COMMUNITY COLL EGE SYSTEM BOARD OF TRUSTEES AGREEMENT WITH THE MAINE EDUCATION ASSOCIATION FACULTY UNIT

2 TABLE OF CONTENTS Article No. Title Page -- Preamble ii 1 Recognition 1 2 Union Security 1 3 Rights of the Association (Association Rights) 2 4 Management Rights 3 5 Miscellaneous (Resolutions) 3 6 Duration 4 7 Professional Responsibilities 4 8 Personal and Academic Freedom 8 9 Personnel Files 8 10 Evaluation 9 11 Work Year Class Size and Teaching Load Faculty/Management Committees Salary (grid as appendix) Benefits Part time Regular Faculty Paid Leaves of Absences Unpaid Leaves of Absences Seniority Posting Probation Resignation Reduction in Force and Recall Transfers Safety Requirements Workers Compensation Complaints and Investigations Discipline Grievance Procedure 28 Signature Page 33 Memorandums of Agreement 34 Pay Scale Implementation July 1, Labor Management Committee Collective Bargaining Agreement 40 APPENDIXES A. Salary Schedules 41 B. Salary Scale Pathways 42 C. Stipend Compensation Formula 46 D. Grievance Form 48 E. Day Schedule by Current College Practice 49 F. Schedule of Fees 50 G. Current Workload by College 51 H. Department Chair Agreements 72 FAC FINAL i

3 PREAMBLE The Maine Community College System Faculty/Management Team believes that faculty, staff, and administrators must work collaboratively in order to provide quality service and excellence in education. The mission of the Community College System can only be accomplished when open, constructive and inclusive communications are utilized by faculty and administrators. The collaborative relationship and approach to collective bargaining (modified interest based) between the MCCS and the MEA Faculty Unit has been successful in establishing recent contracts and in resolving various issues between contract negotiations. An open and consultative environment between the parties has been established at the System level and has resulted in enhanced communication and understanding. The MCCS Faculty/Management Team agrees that this approach to Association-management interaction must be uniformly utilized at the College level throughout the System. To facilitate a collaborative working environment, we acknowledge and support the following principles: 1) That the Maine Education Association is the sole and exclusive bargaining agent for faculty in the Community Colleges and as such has certain rights and responsibilities as outlined in Article 3 of the Agreement. 2) That the faculty exercise an important role in assuring the academic integrity of the institution s educational programs. Faculty have a substantive voice in matters of educational programs, faculty personnel, and other aspects of institutional policy that relate to their areas of responsibility or expertise. 3) That the College President through an appropriate administrative structure effectively manages the institution to fulfill its purposes and objectives; establishes the means to assess the effectiveness of the institution; manages and allocates resources in keeping with the institutional purpose and objectives; and assesses the effectiveness of the institution. The College President and the administration consult with faculty, students, other administrators and staff, and are appropriately responsive to their concerns, needs, and initiatives. The Trustees have certain rights and responsibilities as outlined in Article 4 of this Agreement. 4) That the faculty and management shall act responsibly and ethically and are mutually guided and bound by the mission of the Maine Community College System, the policies and procedures of the MCCS, the accreditation standards as specified by NEASC and CIHE, the Faculty Collective Bargaining Agreement, and the following MCCS and MCCFA/ MEA /NEA Statement on Professional Ethics. The MCCS and CCFA Statement on Professional Ethics* 1) Faculty and Management of the Maine Community College System recognize the special responsibilities placed upon them and are guided by a commitment to the education and training for the contemporary needs of the citizens of Maine and the worth/importance of the advancement of knowledge. Their primary responsibility is to facilitate student success in mastering this knowledge and accomplishing their academic goals. To this end the faculty devote their energies to developing and improving their competence and teaching skills and accept the obligation to exercise critical selfdiscipline and judgment in teaching. Management and Faculty practice and model intellectual ii

4 honesty. Management exercises critical self-discipline and judgment in supporting faculty in their teaching role and facilitating student success. Although Faculty and Management may follow subsidiary interests, these interests must never seriously hamper or compromise the necessary freedom for learning and teaching. 2) Faculty encourage the free pursuit of learning in their students and model scholarly and ethical standards of their discipline and/or industry. Management models ethical standards of conduct within the college and community and supports the efforts of the faculty to encourage the free pursuit of learning. Faculty and Management demonstrate respect for students as individuals and adhere to their proper roles as teachers, counselors, advisors, and managers. Faculty make every reasonable effort to foster honest academic conduct and to insure that evaluations of their students reflect true merit. Management makes every reasonable effort to insure that college policies and procedures support this environment of academic honesty and student evaluation. Management and Faculty avoid any exploitation, harassment or discriminatory treatment of students. 3) Faculty and Management share a common membership in the community of teaching and learning. They do not discriminate against or harass colleagues. They respect and defend free inquiry and show respect for the opinions of others. All accept their share of responsibilities for the governance of the institution under system policies and procedures and applicable accreditation standards. 4) As members of an MCCS college, faculty seek to be effective teachers while Management strives to provide support for the teaching and learning process. Faculty observe the stated regulations of the institution, provided they do not contravene academic freedom, and maintain their right to criticize and seek revision. Management respects the faculty s right to criticize and seek revision as a part of the foundation of academic freedom. All recognize that when considering an interruption of their service due notice must be given, as defined by the Collective Bargaining Agreement. 5) As members of their community, Faculty and Management have the rights and obligations of other citizens. When they speak or act as private persons, they avoid creating the impression of speaking or acting for their college. All share the obligation to promote conditions of free inquiry and to further the public understanding of academic freedom and the importance of continued learning throughout life. * With grateful acknowledgement of the AAUP statement on ethics, this has been edited to reflect a community college environment. iii

5 BE IT RESOLVED, that by affixing our signatures to this Resolution, we affirm our commitment to and belief in this preamble. Rose Binda, Instructor, WCCC Kim Ehrlich, Dir. Human Resources, MCCS Jane Boulanger, Instructor, SMCC Paula Gagnon, Vice President, YCCC Ethel Bowden, Instructor, CMCC Tami Gower, Instructor, YCCC Mark Cadrette, Instructor, CMCC Durward Huffman, Chief Academic Officer MCCS Joseph Cassidy, Instructor, WCCC Morris Michaud, Instructor, NMCC Dwight Clayton, Instructor, NMCC Janet Sortor, Vice President, SMCC Sally Doe, Instructor, SMCC President, MCCS MEA Faculty Unit Ron Turner, Academic Dean, EMCC William Dolan, Instructor, KVCC Tim Wooten, UniServ Director, MEA Christopher Easton, Instructor, EMCC Marjorie York, Instructor, KVCC iv

6 ARTICLE 1. RECOGNITION The Maine Community College System Trustees (hereafter "Trustees") recognizes the Maine Education Association (hereafter "the Association") as the sole and exclusive bargaining agent for the faculty and instructors (hereafter "the faculty") in the Community Colleges pursuant to 26 M.R.S.A ARTICLE 2. UNION SECURITY A. Within thirty (30) days following the effective date of this Agreement, all faculty who are covered by this Agreement and who are not members of the Association shall be provided and required to choose from the options of membership in the Association, the payment to the Association of a service fee equal to eighty percent (80%) of Association dues as a contribution towards the costs of collective bargaining, contract administration and the adjustment of grievances or exclusions from both. Any faculty member thereafter who is or who becomes covered by the Agreement and is not a member of the Association shall be provided and required to choose from such options within thirty (30) days after such conditions are met. A failure to choose membership or the eighty percent (80%) service fee options shall constitute a choice of exclusion from both. B. Any faculty member choosing either the option of membership in the Association or the option of payment of the eighty percent (80%) service fee through payroll deduction shall be required to sign a written payroll deduction authorization form authorizing deduction from his/her pay of the membership dues or service fee from the thirtieth (30th) day following the effective date of the Agreement or the day thereafter the faculty member becomes covered by the Agreement and such written authorization shall be irrevocable for the term of this Agreement. C. Any faculty member choosing exclusion from both the membership and the eighty percent (80%) service fee options shall so notify both the Association and System President in writing and shall be bound by such choice for the term of the Agreement and shall be entitled to the services of the Association under the Agreement only upon payment to the Association of reasonable fees, including reasonable fees for faculty representative services and attorneys' fees, and cost and expenses, including arbitrators' fees and expenses incurred by the Association. A schedule of fees is included in the Appendix. All scheduled fees shall be paid directly to the Association. Any such faculty member complying with these conditions shall be entitled to Association services under the Agreement only on the same basis and under the same terms as Association members and faculty members paying the eighty percent (80%) service fee. D. Any faculty member who becomes covered by this Agreement after its effective date, or who has previously selected Association membership, may change his/her dues or service fee deduction status each year during the period September 1 to September 30 by giving written notice to the System President with a copy to the Association. E. The Association shall indemnify, defend and hold the System harmless against all claims and suits which may arise as a result of action taken pursuant to this Article. 1

7 F. The System President shall inform all faculty members in writing of their obligation to make an election as specified in paragraph A, B, and C above. Such notice shall be given to individuals in writing within five (5) days after the execution of this Agreement, or within five (5) days of being covered by this Agreement, whichever is applicable. NOTE: For purposes of this Article, the term Association is defined to include MCCS Faculty Association, Maine Education Association and National Education Association. ARTICLE 3. RIGHTS OF THE ASSOCIATION A. Association Access to Employees 1. Representatives of the Association will be granted access to faculty members for the purpose of administering this Agreement, processing grievances and other Association business at all reasonable times, provided that this shall not interfere with or interrupt normal college operations. Association representatives shall notify the President's office when entering a facility for such purposes. 2. The System President shall supply the Association upon request with the names and college addresses of all faculty members each year at no cost to the Association. The System President shall supply the Association with the names and college addresses of all new faculty members as soon as practicable after employment. B. Bulletin Boards 1. The President shall continue to provide present bulletin board space for the use of the Maine Education Association and Local Faculty Association. 2. The President retains the right to remove any posted materials not signed by the Association's designated representative. C. Use of Facilities 1. The System President shall continue to provide to the Maine Education Association and the Local Faculty Association appropriate College facilities under the same guidelines, procedures and restrictions, subject to prior approval, as presently established. The Maine Education Association shall reimburse the College for any additional costs occasioned by use of Trustee facilities pursuant to this Article. 2. All meetings in Trustee facilities shall be held during the faculty member's non-work time, and in non-work areas. 3. In no event may such use of Trustee facilities interfere with the performance of faculty member's duties, or violate the College's security regulations and policies. 2

8 D. Negotiation Representatives The Association and the System President agree to allow two (2) faculty members per College to attend contract negotiations between the parties upon notification by the Association that negotiations are requested. Class coverage shall be arranged by the faculty member and approved by the President. E. Grievance Representatives The Association may designate one (1) steward for each College who shall be allowed reasonable time to investigate and process grievances, consult with the grievant and attend grievance hearings or meetings during the normal working hours of the College. Such activities shall not interfere with or obstruct instructional or college responsibilities. The Association commits itself to a reasonable use of this privilege and understands that a steward must fulfill his/her assigned responsibilities. The Association shall provide the System President with a list of all faculty members who are to be stewards. Any changes shall be promptly reported. F. Release Time for President The President of the Faculty Association shall be granted release time equal to six (6) credit hours each semester. The Association will notify the System President of the name of the Association President as soon as possible after their election to office. ARTICLE 4. MANAGEMENT RIGHTS The Trustees hereby retain and reserve unto itself all rights, powers, authorities, duties and responsibilities conferred upon it and vested in it by statutes and the Constitution of Maine. In all matters not specifically covered by language within this Agreement, the Trustees shall have the clear right to make decisions in such areas, on a unilateral basis. ARTICLE 5. MISCELLANEOUS A. Embodiment of Agreement Except as herein provided, neither party shall demand any modification to this Agreement nor shall either party be obligated to bargain collectively with the other with respect to any subject or matter specifically referred to or covered herein. B. Maintenance of Benefits With respect to negotiable benefits or terms and conditions affecting faculty members which are not covered by this Agreement, but which are presently provided pursuant to law, the Trustees agree to make no changes without appropriate prior consultation and negotiation with the Association. 3

9 C. No Strike or Lockout 1. Faculty members and the Association will not promote, sponsor, condone or engage in a work stoppage. Any or all faculty members who violate any provision of this section during the term of this Agreement may be disciplined or discharged. 2. The Trustees will not lockout faculty members for the duration of this Agreement. D. No Discrimination The parties agree to continue their established policy against all forms of illegal discrimination, including discrimination with regard to race, creed, color, national origin, sex, marital status, age, or physical disability, unless based upon a bona fide occupational qualification. In instances involving discrimination complaints in which the Association is representing the unit member, the Association will submit the discrimination complaint to level three of the grievance process prior to engaging in any external review of the complaint. E. Substitutes Whenever any instructor is absent for illness, an effort will be made to secure a substitute teacher. F. Severability In the event that any article, section or portion of this agreement is found to be invalid or unenforceable by final decision of a tribunal of competent jurisdiction, then such specific article, section or portion specified in such decision or which is in such conflict or having such effect, shall be of no force and effect. Upon the issuance of such decision, if either party requests, the parties shall negotiate a substitute for such specific article, section or portion thereof, provided that the remainder of this Agreement shall continue in full force and effect. ARTICLE 6. DURATION This Agreement shall be effective July 1, 2009, except as may be otherwise specifically provided herein and shall continue in effect until June 30, 2011, at which time it shall expire. ARTICLE 7. PROFESSIONAL RESPONSIBLITIES As professionals, faculty members serve students, the institution, and the community. Faculty may accomplish their responsibilities through a variety of activities, for example: classroom teaching, student academic advising, committee work, professional development activities, curriculum development, contact with students outside the classroom, participation in college activities, and others. 4

10 A. Teaching The Faculty Association and the System recognize the primary responsibility of a faculty member shall be to facilitate quality learning by students. The highest priority shall be given to teaching excellence. Teaching may involve, but is not limited to: lecture, seminar, on-line, lab, clinical, service learning, internships, and/or supervision and on and off campus educational activities. Typical associated activities include: assessment, reasonable record-keeping, curriculum and syllabus review, maintaining supplies, maintaining a safe environment, and making a reasonable effort to comply with pertinent federal and state regulations. B. Student Academic Advising The Association and the System recognize the need for an effective system of academic advising that meets student needs for information. Academic advising provides the student with the opportunity to gain information and seek guidance from faculty, consistent with the institution s mission and goals. Academic advising may consist of the following: course selection, course sequencing, program requirements, transfer options: internal/external, referral to appropriate college services, and assisting the student with the registration process. To insure effectiveness of the academic advising process adequate training will be provided annually by management to faculty who are in need of such training. The college will also provide the necessary resources to ensure the quality of advising students. Assignment of advisees will be made based upon the specific programmatic or subject expertise of the faculty member and equitably distributed among the faculty. Faculty who believe that the number of advisees and associated responsibilities are impeding their ability to teach their students will meet and discuss the problem with the academic dean and Association representative to find an acceptable resolution by any of the following: 1. Redistribute workload 2. Course load reduction 3. Stipend 4. Hire additional temporary staff 5. Any other mutually agreed solution Faculty will notify advisees that they are available for advising by any of the following methods: 1. Posted Office Hours 2. Virtual (online) Office Hours 3. By appointment Telephone: direct or voic 6. Memo/letter 7. Fax 8. Group meetings During the first semester and periodically thereafter, faculty members will assess the effectiveness of the advising methods they have chosen. 5

11 C. Committee Work: Committee work involves participating in and contributing to many components of the college including: culture building, decision making, governance and various endeavors. Faculty expertise is vital and helps facilitate communications throughout the College/System. Committee work is voluntary. The Association and the System recognize that committees function most effectively when the participants serving on committees are serving out of personal/professional interest. The Association and the System agree that faculty members will not be arbitrarily assigned to committees. Faculty members will be provided the opportunity to serve on standing and ad-hoc committees based on relevance to their area of instruction, interest, expertise, and willingness to serve. Faculty members are expected to maintain a relationship with program advisory/craft committees consistent with the requirements of their positions. In situations where no faculty member has volunteered for a committee, the College President will contact the Faculty Association leadership to solicit faculty participation on the committee. Faculty may choose whether or not to participate. The only exception is for committees where faculty participation is specifically required by regulatory bodies or agencies. In such cases, the College President may assign a faculty member to a committee if there are no volunteers. No faculty member, however, may be assigned to more than two committees; program advisory/craft committees shall count as one of these committees. Committees will be charged by the appropriate body or personnel with their purpose, composition, decision authority, and any deadlines. Committee members are entitled to a voice in shared governance such that if written committee recommendations are not implemented as recommended, committee members will be provided with the written rationale by the authority to whom the recommendations were made. Before a final decision is made and implemented, the committee will be provided with an opportunity to reconvene to provide alternative recommendations. If alternative recommendations are not accepted, a written rationale for the non-acceptance and ultimate decision will be provided to the committee members by the authority making the decision. D. Faculty- Student professional contact outside the classroom Faculty-student professional contact outside the classroom can be associated with multiple positive outcomes, such as 1) retention/persistence to graduation, 2) academic achievement/performance, 3) critical thinking, 4) personal and intellectual development, 5) education aspiration, 6) satisfaction with faculty, 7) college satisfaction, and 8) perceptions of college quality. Faculty-student professional contact in and out of classes through activities or opportunities can enhance the student learning experience and can be an important factor in student motivation and involvement. Faculty will arrange to communicate with students outside the classroom in a timely manner and may include any of the following: 6

12 1. Posted Office Hours 2. Virtual (online) Office Hours 3. By appointment Telephone; direct or voic 6. Memo/letter 7. Fax 8. Group meetings Faculty will include preferred method of contact on the associated course syllabus. During the first semester and periodically thereafter, faculty members will assess the effectiveness of the communication methods they have chosen. E. Commencement and other College ceremonies The Association and the System agree that attendance at the annual commencement exercise is important to the college community. The graduation ceremony is a celebration of the accomplishments of both the students and the faculty and underscores the value of the academic credential received by the students. Participation in the ceremony demonstrates respect for the students, their families, and the institution. Faculty members may elect to attend commencement and other College ceremonies. Faculty may elect to participate in other campus faculty/student activities or opportunities to enhance the student learning experience. F. Professional Development Activities The System supports a philosophy of equal access to at least one significant professional development experience for all members on an annual basis. The System shall encourage and support faculty with opportunities for professional development throughout their term of employment. Such support may include physical, financial, technological, and administrative resources adequate to support this commitment to professional development. The Trustees encourage faculty members to undertake courses of study for self-improvement which relate to areas of instructional responsibility. Faculty workloads must reflect this commitment to scholarship and professional development. For example, time free from regular classroom activities may be needed to attend a seminar, workshop, etc. Occasionally, a course load reduction may be needed for faculty actively involved in extended professional development activities. Faculty recognize the responsibility to remain current regarding developments in teaching and learning, and their profession or industry. Professional development activities foster better teaching by increasing knowledge and experience in the discipline or technology as well as familiarity with various teaching pedagogies. Such professional development activities may include, but are not limited to, working with current trends and advanced techniques in business and industry, acquiring knowledge of new methods of instruction, learning to integrate appropriate technology in instruction, gaining or refining leadership skills, subscribing to and maintaining membership in professional societies, subscribing to and reviewing professional trade journals, pursuing research within the discipline, pursuing advanced coursework, degrees, or certifications, 7

13 publishing and/or presenting at professional conferences and workshops, and remaining current with relevant local, state, and federal policies. Each faculty member shall be eligible to receive reimbursement in accordance with Article 15 Benefits, Section F. Reimbursements ARTICLE 8. PERSONAL AND ACADEMIC FREEDOM A. The personal life of a faculty member is not a concern of the Trustees except as it may directly prevent the faculty member from performing properly his/her assigned responsibilities during the workday. B. Faculty members shall be entitled to full rights of citizenship and no religious or political activities of any faculty member or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such faculty member provided that said activities do not violate any local, state or federal law. C. The Trustees and the Association agree that academic freedom is essential to the fulfillment of the purposes of the institutional system, and they acknowledge the fundamental need to protect faculty members from any censorship, threat or restraint which might interfere with their obligation to pursue truth in the performance of their teaching functions. Furthermore, outside of the academic scene the faculty member shall have no less freedom than any other citizen. D. Faculty members shall be guaranteed full freedom in classroom presentation and discussion and may introduce politically, religiously or otherwise controversial material, provided only that said material is relevant to the course content. E. In performing their teaching functions, faculty members shall be guaranteed full freedom in expressing their personal opinions on all matters relevant to the course content, provided, however, that when they do so they make every effort to indicate that they are speaking personally and not on behalf of the College, the administration or the Trustees. F. The Trustees encourage the teaching, investigating and publishing of findings in an atmosphere of freedom and confidence. This spirit and philosophy is based on the belief that when students have the opportunity to learn from a variety of sources and opinions in an atmosphere of honest and open inquiry, they will develop a greater knowledge and maturity of judgment. No limitations shall be placed other than those required by generally accepted standards of responsible academic professionalism. Therefore, the freedom of each faculty member to present within his/her classroom the truth as he/she understands it in relation to his/her area of professional competence is essential to the purposes of vocational, Community, and nursing programs. ARTICLE 9. PERSONNEL FILES A. Each college shall maintain, for official College purposes, one (1) personnel file for each unit member. This file shall be kept under conditions that insure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the unit member, written evaluations and other appropriate materials related to the unit member's employment. 8

14 B. Unit members shall be sent a copy of all material henceforth placed in the file at the same time as it is placed in the file. Anonymous, subpoenaed or inappropriate material shall not be placed in the file. A unit member shall have the right to submit a timely written response to any material placed in the personnel file. This timely written response shall then be filed and attached to the appropriate file material. C. Unit members shall have the right to examine their file in the presence of the file's custodian, that individual's designee, or, if those persons are unavailable, an appropriate administrator, during the normal business hours of the office in which the file is kept. Upon written request and the payment of five (5) cents per page of copying, a unit member may obtain copies of any material in the personnel file. Access shall be permitted and copying accomplished during the normal business hours of the office in which the file is located. Unit members are encouraged to periodically review and update their file. D. Unit member may indicate in writing to the file s custodian those materials which the unit member considers inappropriate to be retained. The materials shall be reviewed by the file s custodian and shall be removed from the file if adequate justification is shown for their removal. E. In a specific personnel action no use may be made of any material which has not been properly and timely placed in the personnel file with the exception of recommendations by reviewing individuals or bodies which shall be placed in the personnel file as soon as a decision is reached in the specific personnel action. F. The Association or a duly designated representative shall have access to a unit member's personnel file provided written authorization has been granted by the unit member to the custodian of the files. The Association or the duly designated representative shall be subject to the same rules on access and copying that are applicable to the unit member. G. The Association agrees to indemnify and hold the Board harmless from and against any liability for any claim of improper, illegal or unauthorized use by the Association, or duly designated representative, of information contained in the personnel file. H. Upon request of a unit member, records of reprimands, suspensions and preventable accident reports shall be removed from personnel files after five (5) years from the date of the occurrence provided that the unit member has had no further disciplinary action since that date. However, records of discipline resulting from violations of state and federal law shall not be removed from personnel files under the provisions of this paragraph. ARTICLE 10. EVALUATION A. Faculty evaluation is recognized as a cooperative effort with the express purpose of achieving excellence in effective and purposeful classroom instruction. B. Faculty members shall be evaluated annually in accordance with criteria and procedures developed by a local college Faculty/Management Evaluation Committee. If the Committee is unable to reach mutually agreeable criteria and procedures, the matter shall be forwarded to the System and the Association for resolution. 9

15 Each College will have an evaluation program by December 11, If one is not produced, the Association and the System will select one from those in existence at other MCCS colleges. [Selection will be done by the alternate striking method used for selecting arbitrators.] The one selected shall be used for the academic year and will continue to be used until replaced by the College Faculty/Management Committee. C. The Faculty Management Committee will consist of six (6) members: a minimum of three (3) faculty members appointed by the College Faculty Association President and a minimum of three (3) representatives appointed by the College President. D. Evaluation programs at the various colleges will at a minimum contain the following: 1. Faculty members with continuing contract status shall be evaluated each year. 2. Probationary members shall be evaluated twice each year. 3. All monitoring or observation of faculty member for the purpose of evaluation shall be done with the knowledge of the faculty member. 4. A faculty member will be given a copy of a written report of his/her evaluation which shall be prepared by his/her evaluator within one (1) week of the evaluation and the faculty member may request a conference to discuss such evaluation report. The faculty member shall have the evaluation report at least one (1) day prior to any such conference. The faculty member may offer written comments in response to any evaluation report and such response shall be attached to the file copy. 5. Student evaluations may be used as a component of the faculty member s evaluation. Student evaluations shall not be placed in the faculty member's personnel file, either in original or summary form. Student evaluations will be made available to faculty members as soon as possible. 6. Faculty members will be evaluated by qualified persons designated by the President. 7. Final evaluation of a faculty member upon termination of his/her employment shall be concluded prior to severance and no documents and/or other material shall be placed in the personnel file of such faculty member after severance or otherwise than in accordance with the procedures set forth in this article. ARTICLE 11. WORK YEAR A. Work Year 1. Faculty members will be contracted for various periods as determined by the needs of the System. The basic annual contract will commence no earlier than the third Monday of August and end no later than the third Saturday of May. This shall not preclude a faculty member from contracting on a voluntary basis for a period other than within these limits. 10

16 2. The basic academic/teaching year for faculty members shall consist of two academic semesters, not to exceed 32 weeks, which may occur in fall, spring, or summer. Fall semester shall consist of no more than 16 consecutive weeks unless changed by mutual agreement between the Faculty Association and administration. Normally faculty shall be assigned to fall and spring semesters, however, the total 32 weeks may be utilized in any fashion by mutual agreement (e.g., two 8-week summer sessions). An academic week is any week that instruction is scheduled. The course objectives and student outcomes will be met as per Board policy regardless of schedule, design or delivery methods. In addition, faculty shall attend three (3) professional development/regulatory training/administrative days as scheduled by the College President. It is the faculty members decision consistent with professional responsibilities as defined in Article 17, to determine how to best utilize time outside the classroom and to determine which campus functions/events they will attend to best meet the needs of the students, the institution, and the community. 3. In each instance where the college provides any instructional services beyond those contracted for by faculty members, qualified faculty members will be given first consideration. 4. All faculty members shall receive a copy of the faculty calendar for the following year no later than May 1 of the preceding academic year. 5. The work year for faculty members on extended contracts in excess of 32 weeks shall be extended on a prorated basis (i.e., base salary multiplied by multiplied by the total number of days of the contract.) B. Work Schedules 1. Colleges have a day and an evening work schedule for faculty. a. For the day schedule, classes will be scheduled as described in Appendix E. b. Classes for the evening schedule are between 12:30 p.m. and 9:00 p.m. or between 2:00 p.m. and 10:00 p.m. depending upon college requirements. Evening work hours will not exceed those of the day schedule. 2. If a faculty member is asked to change his/her regular schedule from: (a) a day to a night, (b) a night to a day, or a day/night combination, the change can be made only by mutual agreement between the faculty member and the College President or his/her designee. 3. If faculty members agree to a combination of both schedules, there shall be a minimum of twelve hours between the end of the last scheduled evening class and the beginning of the first day class on the following day. Exceptions to the 12-hour rule are by mutual consent. 11

17 ARTICLE 12. CLASS SIZE AND TEACHING LOAD A. Class size and teaching load will reflect recognition of the best interests of the students, the faculty member and the College to the degree resources are available. Every effort will be expended to reach this end. The aforementioned shall also apply to any faculty member fulfilling substitute teaching responsibilities in addition to his/her regular teaching load. B. Workloads as currently defined are attached as Appendix G. Current college workload standards shall remain in effect unless changed by the agreement of the local college faculty/management committee. ARTICLE 13. FACULTY/MANAGEMENT COMMITTEES 1. There shall be established a Faculty/Management Committee at each college to study and develop recommendations for issues of mutual concern. Committees are encouraged to utilize an interest-based approach to addressing issues. 2. The Committee shall consist of at least three (3) faculty members appointed by the local College Faculty Association President and (3) management members appointed by the College President. 3. The Committee shall meet at least once every two months. Committee members may participate in Committee meetings during working hours without loss of pay. 4. The Committees shall provide the System and the Association with a quarterly report of activities. ARTICLE 14. SALARY A. General Salary Increase - Please see Memo of Agreement regarding salary on page 40. B. Please see Memo of Agreement regarding salary on page Each faculty member under contract shall receive a written notice of his/her salary status for the ensuing year at least two (2) months prior to the termination of the current employment year. The faculty member shall indicate his/her acceptance, in writing, no less than two (2) weeks following such notice. In the event that negotiations have not been concluded for the salary period under consideration, the time limits in reference to salary notice shall be extended, or in the absence of budget approval at the time of salary notice, the salary notice shall stipulate that salaries shall be as authorized. 2. All contracts of one hundred sixty-seven (167) days or more shall be paid in twenty-six (26) biweekly installments. 3. Current salary deductions will continue. 4. Faculty members shall be paid salaries according to Appendix A which is attached 12

18 hereto and incorporated herein. 5. Placement on Level on Salary Schedule a. Faculty members will be placed on Salary Scale Pathway A or B according to the program listings in Appendix B, dated 7/1/99. The program listings in Appendix B may be amended by the College President in consultation with the local College Faculty Association. In any event, faculty members hired after 7/1/99 may be placed on Salary Scale Pathway A or B at the discretion of the College President. b. Effective 7/1/2001, the four-year employment period for placing faculty one level below that indicated by credentials on Salary Scale Pathways A and B is eliminated. Faculty members hired between 7/1/97 and 7/1/2001 will receive a level movement (a horizontal placement at the same step on the correct level and then a vertical step increase for satisfactory performance) as indicated by their credentials on Salary Scale Pathways A and B after completion of four years of employment from the anniversary date of hire. c. In the event that an individual with similar qualifications is employed at a greater salary than a current employee in a comparable discipline at a college, the current employee may appeal to the College President for an adjustment in pay at least equal to the new employee. d. The Trustees shall inform the Maine Education Association, in writing, of all new hires, their placement on Salary Schedule Pathway A or B, and level and step as soon as possible. 6. Step Movement - Faculty members shall progress from step to step on the salary grid on the basis of satisfactory job performance in accordance with the provisions of Article 10., Evaluation, of this Agreement. Such progression shall occur as of the effective date of the faculty member's individual annual contract. A faculty member may appeal the denial of a step increase pursuant to the provisions of Article 29, Grievance Procedure. Faculty members hired before July 1, 1999, on Salary Schedule Pathway A shall receive an additional step progression upon completion of a Masters degree. Faculty members on Salary Schedule Pathway B shall receive an additional step progression upon completion of a doctorate degree. 7. Salary Schedule Movement a. Movement from level to level will be granted in accordance with Salary Schedule Pathway A or B as listed in Appendix A. Salary schedule movement will consist of an horizontal placement at the same step on the correct level and then a vertical step increase for satisfactory performance in accordance with Salary Scale Pathway A or B as listed in Appendix A. b. A two-level movement (example: from Level 3 to Level 5) will consist of a 13

19 horizontal placement to the correct level on the same step and then a vertical step increase for satisfactory performance in accordance with Salary Scale Pathway A or B as listed in Appendix A. c. After placement on the salary scale at the time of initial employment, it is recognized by both parties that individuals achieving credentials and/or professional development points as authorized for movement (vertical or horizontal) or level movement (horizontal) under 5b on the salary scale may result in salary differentials between otherwise equally qualified faculty. This does not preclude the ability of a faculty member to seek appropriate redress under Article 14.5.c 8. A Review Committee shall be established as necessary to hear appeals for level movement of faculty members on the salary grid. The Committee shall be comprised of one (1) panel member designated by the Maine Education Association, one (1) by the Trustees, and a third neutral person chosen by the other two, who shall serve as the chairperson of the review committee. Any costs of the neutral chairperson shall be shared equally by both parties. The Committee shall be charged with the responsibility of evaluating and making judgments of criteria for level movement on the salary grid. The Review Committee shall meet as soon as practicable after receipt of notice of appeal by the Association and may hear multiple appeals, if agreed by both parties. The majority decision of the Committee shall be final and binding on the parties. C. Stipends A formula for calculating stipends for coaching, yearbook advisor, student senate advisor, or for advising other student service organizations as approved by the College President or designee in consultation with the Association is attached to and incorporated into the Agreement as Appendix C. Faculty members' participation in such activities shall be voluntary except for those positions that have been established for this purpose. D. Department Chairpersons 1. Department chairs shall be appointed annually. This appointment shall be made at the discretion of the President or his/her designee and under the terms consistent with the agreement. The President or his/her designee shall solicit a formal recommendation annually from the department faculty prior to making an appointment. Such recommendation may be the result of a vote taken by the department. 2. Letters of Agreement found in Appendix H outline each college s department chair person position description and compensation formula. 14

20 ARTICLE 15. BENEFITS A. Tuition Waiver 1. The President shall honor requests from faculty members for tuition-free entrance to a Community College for credit courses on a space available basis as their schedule permits. 2. Tuition waiver shall be extended to dependent children of faculty members who are accepted as students in full-time programs through the normal admissions process. Dependent children of part-time faculty shall be eligible for tuition waiver prorated, based on the ratio of the faculty member's contracted-for-time to full-time. In addition, a tuition waiver for a spouse shall be made available on a space available basis with no longer than one (1) year delay beyond the regular application process. Each dependent child/spouse of a faculty member shall be eligible for tuition waivers not to exceed two (2) years of full-time course work. B. Retirement The Trustees agree to continue to provide retirement benefits to faculty members pursuant to applicable statutes. In the event that a faculty member opts to participate in a defined contribution plan: 1. The Trustee s contribution shall equal six and four-hundredths percent (6.04%) of the faculty member s salary. 2. The faculty member s contribution shall be a range from two percent (2%) of salary to the maximum contribution allowed by law. 3. The defined contribution plan shall be structured as a 403-B plan under the Internal Revenue Code. 4. Faculty members shall be eligible to participate in the plan on the first day of employment with the System in a position represented by the MEA Faculty Unit. 5. The Trustees will provide long-term disability and disability retirement plan in the defined contribution plan. The long-term disability plan shall be at least equivalent to retirement disability benefits offered by the Maine State Retirement System. 6. Retiree health insurance benefits shall be provided to faculty members according to applicable Statutes. Faculty members who are not eligible to participate as active employees in the Maine State Retirement System will not be eligible to participate in the defined contribution plan as noted above. C. Health Insurance The Board shall continue to provide the current health insurance coverage for MCCS employees. The Board agrees to continue to pay the full cost of employee coverage and 15

21 sixty percent (60%) of spouse and dependent coverage for full time employees. D. Life Insurance The Trustees shall pay the full premium of employee's basic group life insurance. E. Dental Insurance The Trustees shall provide single subscription Dental Insurance Coverage for each faculty member. Dependent coverage will be available provided there is sufficient faculty member participation in the dental insurance program. Dependent coverage will be at the faculty member's expense and may be payroll deducted. F. Course Reimbursement The Trustees encourage faculty members to undertake courses of study for self-improvement which relate to their area of instructional responsibility. The System supports a philosophy of equal access to at least one significant professional development experience for all faculty members on an annual basis. 1. Each faculty member shall, as long as funds are available, be eligible to receive up to twelve hundred dollars ($ ) per year for actual costs of tuition, books and fees and travel costs beyond 35 miles from the home campus for professional development activities such as courses, workshops and seminars that are related to areas of instructional responsibility. Requests beyond $1200 per year are granted on a first come, first served basis as funds allow 2. Courses, workshops and seminars must be approved by the College President or his/her designee in writing prior to enrollment or attendance. Upon approval of said professional development activity, funds will be made available to the faculty member upon request prior to the registration process. At the conclusion of a course, workshop,, seminar, or related professional development activity, the faculty member will certify to the President that such course(s), workshop(s), or seminar(s) have been successfully completed. Faculty members shall provide proof of successful completion of said professional development activity. Successful completion shall be defined as a grade of C or better for undergraduate coursework and a grade of B or better for graduate coursework. In the event proof of successful completion cannot be produced, the faculty member must reimburse the college for related professional development funding previously received 3. A representative of the local College Faculty Association will be involved in College decisions regarding the funding of individual faculty professional development activities. 4. The Academic Dean will provide the local Faculty Association President a list of the requests and reimbursements to faculty approved for professional development activities each year. Annually, the Academic Dean will distribute to the college faculty a brief summary of 16

22 G. Mileage the professional development activities undertaken by faculty during the previous year and the reimbursements for those activities. Use of a faculty member's personal vehicle for authorized business shall be voluntary. In the event of authorized travel, the faculty member shall be compensated at the existing rate established for System employees for use of personal vehicles. H. Payroll Deductions In addition to payroll deductions required by law, the Trustees agree to deduct authorized withholdings as follows: 1. Health/Dental Insurance Premiums 2. Maine State Employee Credit Union or Cumberland County Credit Union Deductions 3. United States Savings Bonds 4. Group Life Insurance Premiums 5. United Way Contributions 6. Deferred Compensation (State tax-sheltered annuity plan and any other plan available to unit members) 7. United Teaching Profession dues and fees 8. Washington National Insurance Premiums and Horace Mann Insurance Company I. Section 125 Plan The Trustees shall establish a Section 125 Plan to allow pretax treatment of the faculty member s share of health and dental insurance premiums. The plan will include a medical reimbursement account and a dependent care reimbursement account.. J. Licenses The Trustees agree to reimburse faculty for the actual cost of license renewals where such licenses are required by job description by the College for teaching. ARTICLE 16. PART-TIME REGULAR FACULTY A. Part-time regular faculty are employed in established regular, part-time bargaining unit positions with a workload which is less than the established full load range for the department, according to Appendix G. Part-time faculty shall receive prorated salary and benefits. 17

23 B. The provisions of this Article are not intended to include regular, full-time faculty members in positions with workloads which fluctuate below the established workload range for the department. C. Retirement service credits for years of part-time employment will be determined by the Maine State Retirement System. ARTICLE 17. PAID LEAVES OF ABSENCE A. Sick Leave 1. A faculty member shall be credited with one (1) day of sick leave if he/she is in pay status fifteen (15) days within the month. Service shall begin on the date of System employment and time on layoff, suspension or leave without pay shall not be counted in determining the completion of a full month of service. 2. A part-time faculty member shall be granted sick leave in the same proportion that his/her part-time service bears to full- time service. Service shall begin on the date of System employment and time on layoff, suspension or leave without pay shall not be counted in determining the completion of a full month of service. 3. Unused sick leave may be accumulated to a total of one hundred twenty (120) days. When the maximum limitation has been accumulated, days that would normally thereafter be earned shall lapse, but shall be recorded by the College. Any faculty member who has such lapsed sick leave to his/her credit may apply to the College President to have the sick leave restored in the event of an extended illness or injury. The College President shall authorize restoration of all or any part of the lapsed sick leave after thorough investigation including complete medical reports of the illness or injury requiring continued absence of the faculty member. In the event the College President denies lapsed sick leave, he/she will provide written specific reasons. 4. Sick leave shall be granted to faculty members only under the following conditions: a. When a faculty member cannot perform his/her duties because he/she is incapacitated by personal illness, injury or disability. b. By necessity of medical or dental care that cannot be scheduled outside of working hours. c. By exposure to contagious disease under circumstances in which the health of the faculty member with whom associated or members of the public necessarily dealt with would be endangered by attendance on duty. d. Up to five (5) days in each contract year for illness in the immediate family of the faculty member that requires the attendance of the faculty member. Immediate family shall mean the spouse and parents of the spouse, parents, step-parents, guardian, children, stepchildren, brothers, sisters, 18

24 grandparents, grandchildren or wards of the faculty member or significant other living in the same household. e. Sick leave shall be provided in accordance with pertinent state and federal laws. 5. Faculty members shall make every effort to notify their supervisor of their pending absence prior to the start of their college day. 6. A faculty member may be required to provide a physician's statement documenting the reason(s) for medical absence and his/her ability to perform his/her duties after an absence of five (5) or more consecutive days or a pattern of repeated absences on days preceding or following a holiday or weekend. 7. All sick leave shall expire on the date of separation from service with the System, and no faculty member shall be paid for his/her accrued sick leave credits at the time of the termination of his/her employment. This section shall not apply if the faculty member transfers to another unit of State government which allows transfer of sick leave credit, in which case all accumulated sick leave from the System shall be transferable up to the limits allowed by the unit of government to which the faculty member is transferring. 8. Unused sick leave may be used for purposes of establishing creditable service for retirement purposes up to a maximum of ninety (90) days. 9. The President shall provide a written statement to each faculty member at or about the beginning of each college year indicating the total of sick leave credit earned, utilized and accumulated. 10. A faculty member who commences employment at the beginning of a work year shall be granted full sick leave entitlement at the beginning of the year. 11. A faculty member who commences employment after the beginning of the work year shall be granted sick leave as of the first day of employment at the rate of one (1) day per month to the end of the work year. 12. Should a faculty member resign having taken more sick leave days than having been earned at the rate of one (1) day per month, the faculty member will forfeit pay for the unearned days. 13. A sick leave bank shall be established at each College by the parties. Each faculty member employed may contribute two (2) days of their accumulated sick leave to the sick leave bank. The amount of sick leave to be contributed shall be maintained by the committee based upon current accumulation. The minimum contribution will be two (2) days. a. No faculty member may draw more than sixty (60) days from the sick leave bank in any twelve (12) month period. b. Sick leave days may be drawn from the sick leave bank only after exhaustion of personal sick leave and only to cover a critical or long 19

25 B. Sabbatical Leave term illness or injury. c. Sick leave shall be distributed from the sick leave bank after written application by a faculty member and with the approval of the College Sick Leave Bank Committee which is composed of one (1) College representative and three (3) faculty members from the college bargaining unit. The College representative will be an ex-officio, non-voting member of the committee. The Sick Leave Bank Committee shall establish criteria for the payment of sick leave days from the sick leave bank. The decision of the committee is final and not subject to the grievance procedure. d. Sick leave days may be accumulated in the sick leave bank to a maximum of two hundred (200) days per college. When two hundred (200) days are accumulated as of July 1, contributions to the bank will not occur for that fiscal year. e. Sick leave days may be drawn from the sick leave bank only for personal illness or injury. f. The sick leave bank will be jointly reviewed as needed. Any changes or modifications will be mutually agreed upon. 1. Purpose. Sabbatical leave must represent an effort to improve the professional capability of an individual faculty member. In the interest of rewarding professional performance and encouraging professional growth, each College President will budget for and provide sabbatical leave under the following procedures: a. Any faculty member who has completed seven (7) continuous years of service to the college shall be eligible to apply for a sabbatical leave. b. Application shall be to the College President and submitted no later than January 1 of the year proceeding the academic year of the requested leave. Timeframes may be altered by mutual agreement. c. Notification to a successful applicant(s) shall be made no later than April 1 of that year. d. Any faculty member accepting sabbatical leave shall enter into a written agreement with the College President which shall provide that in the event the faculty member resigns from college service before the completion of one (1) year of service after the expiration of the sabbatical leave, he/she shall reimburse the College for that amount which the unfulfilled one (1) year period bears to the full amount granted during such leave. e. The faculty member on sabbatical leave shall submit periodic reports on his/her work. Following completion of the sabbatical leave, the faculty member shall submit a final report on his/her research or study to the 20

26 C. Military Leave College President. f. Each faculty member on sabbatical leave shall have the right to return to the same position if it is available or to a position substantially the equivalent to his/her former position. g. Faculty members granted sabbatical leave shall receive full salary if leave is for a half year or half salary if leave is for a full year. h. Each College will budget for one (1) sabbatical leave per year, with two (2) per year to be budgeted for by Southern Maine Community College. i. The College President shall have the right to assign adjunct faculty members to cover the duties of the faculty member on sabbatical leave. Approval of sabbatical leave will be contingent upon the availability of adjunct faculty replacements whose qualifications are sufficient to reasonably ensure the quality and success of the educational program. Faculty members who are members of the National Guard or other authorized State military or naval forces, and those employees who are members of the Army, Air Force, Marines, Coast Guard or Naval Reserve shall be entitled to leave of absence from their respective duties for their annual two (2) week training periods without loss of base pay and shall accrue sick and annual leave and seniority during such period up to seventeen (17) calendar days in any calendar year specified under the provisions of the National Defense Act or Armed Forces Reserve Act of To the extent possible, such leaves shall be taken in periods when classes are not in session. Faculty members shall, when possible, provide notification to the President of the College two (2) weeks prior to the date he or she reports for duty. A copy of military leave orders shall be presented not later than five (5) days after receipt of such order. D. Jury Duty When a faculty member submits proof of the necessity of jury service on his/her workday, the faculty member shall be granted a leave of absence with no charge against leave credits and shall be paid the difference between the pay for such service and his/her regular pay. The faculty member must notify the President within one (1) working day of his/her selection for such duty. E. Witness Leave A faculty member who is subpoenaed as a witness on his/her workday shall be granted leave with pay except in a case where he/she is an actual party in the litigation. F. Personal Leaves Faculty members shall be eligible for two (2) days of leave per year for personal business that cannot be conducted outside the workday. A request for this leave shall be submitted to the President for approval at least three (3) days in advance and shall state the general nature of the personal business. If a personal leave day is requested because of an 21

27 emergency situation, the three (3) day notice requirement shall be waived. G. Bereavement Leaves Each faculty member shall be allowed up to four (4) days of leave with full pay for absences resulting from the death of member of the faculty member's immediate family. Immediate family shall mean the spouse and parents of the spouse, parents, step-parents, guardian, children, step-children, brothers, sisters, grandparents, grandchildren, wards of the faculty member or significant other living in the same household. Each faculty member shall be allowed up to three (3) days of leave with full pay for absences resulting from the death of a son-in-law, daughter-in-law, aunt, uncle, niece, nephew, brother-in-law, or sister-in-law. Each faculty member shall be allowed up to one (1) day of additional bereavement leave for each absence resulting from the death of a spouse, child, or significant other. ARTICLE 18. UNPAID LEAVES OF ABSENCE A. Upon application of a faculty member, a leave of absence without pay may be granted by the President for a period of medical disability. The President may, from time to time, require the faculty member to submit a certificate from the attending physician or from a designated physician. If the System designates the physician, it shall pay the costs for obtaining such certificate. In the event of a failure or refusal to supply such certificate, or if the certificate does not clearly show sufficient disability to preclude the faculty member from the performance of his/her duties, the President may cancel such sick leave and require the faculty member to report for duty on a specified date. Should the faculty member fail to report to work within the designated time, his/her employment shall be terminated. B. Leaves of absence for other reasons may be applied for, but such leave may be granted at the discretion of the President under such terms and conditions mutually agreed to by the faculty member and the President. C. Maternity, Paternity, Adoption, Family Care and Child Care Leave Maternity, paternity, adoption, and/or child care leave and/or leave to care for a family member shall be granted upon written request by the faculty member. The request will be at the earliest opportunity. The leave shall be without pay and shall be for a maximum of one (1) year from the start of the approved leave. Upon return from leave, the faculty member shall have the right to return to a position substantially the equivalent to his/her former position or to the same position if it is available. While on leave, faculty members shall have access to insurance benefits at their own expense unless otherwise provided by law. Faculty members shall also continue to have access to other benefits such as day care, athletic facilities and MCCS courses at their own expense. D. Leave and benefits available under the Federal Family and Medical Leave Act of 1993 shall be available July 1, This leave is available for a total of twelve weeks per year for birth or adoption; to care for a serious health condition of a spouse, child, or parent; or for a personal serious health condition. 22

28 ARTICLE 19. SENIORITY A. The Trustees and the Association recognize that job security shall increase in proportion to the length of continuous service, and full consideration shall be given continuous service in the event of a decrease of faculty with continuing contract status followed by a need for recall. B. In recognition, however, of the responsibility of management for the efficient operation of the System, it is understood and agreed that in all cases of decrease in forces and recall, continuous service in the area of current teaching specialization shall be the controlling factor. C. Continuous service as used in this Article shall be construed to refer to the length of continuous service with the employing College of a faculty member with continuing contract status except as modified by Article 24, Transfers. When two (2) or more faculty members have the same length of continuous service within the employing College, the one (1) with the greater total teaching experience within the entire System shall be deemed to have a greater length of service. If they have equal periods of employment as faculty members within the System, then total teaching experience shall be considered. The above consideration will be extended to displaced faculty members for a period not to exceed eighteen (18) months. D. Seniority lists shall be established by the System President listing all faculty members covered by this Agreement by College and by area of current teaching specialization. Part-time and full-time status shall be noted on the faculty seniority lists. In the event of a layoff, the least senior faculty member in such area of current teaching specialization in accordance with the procedures established herein shall be laid off. The System President shall supply the Association with a copy of the seniority lists. Seniority lists shall be prepared on an annual basis and posted on faculty bulletin boards in each college by October 30 of each year. Faculty members will have fifteen (15) days from the date of posting of the seniority lists to challenge incorrect placement on the seniority list. ARTICLE 20. POSTING If a full-time employee is moved to part-time by the employee's choice for health reasons or by the college s choice for fiscal or other reasons, the employee will continue to accrue full-time seniority status. Employees who become part-time under these conditions may be recalled to full-time or a part-time position, in order of overall combined accumulation of seniority. Vacancies within the Colleges shall be publicized by the President in accordance with the following procedures: 1. During the employment year, a notice shall be posted in each college of openings within that college no less than two (2) weeks before the deadline for accepting application. 2. At times other than in one (1) above, the notice shall be posted in the administrative office of the College. 23

29 ARTICLE 21. PROBATION A. All faculty members shall serve a probationary period of up to three (3) years. Contracts shall be issued annually. Non-renewal of contracts of probationary faculty members shall be at the discretion of the President. Probationary faculty members whose contracts are not renewed shall be given written notification of at least ten (10) weeks. Probationary faculty can be dismissed without the establishment of just cause. Such faculty member shall have the opportunity to appeal the decision of the President to the System President whose decision shall be final. B. Faculty members who have completed their three (3) year probationary period shall receive six (6) months prior notice in the event that their contract is not renewed. ARTICLE 22. RESIGNATION A faculty member shall give no less than thirty (30) days, but sixty (60) days whenever possible, written notice of resignation prior to the start of a new teaching assignment. ARTICLE 23. REDUCTION IN FORCE AND RECALL A. In the event of a reduction in force, faculty members with continuing contract status shall be given ninety (90) days notice prior to the effective date of layoff. B. Faculty members whose positions may be eliminated due to foreseeable funding problems will be notified by letter no later than February 15 of each year. This letter does not constitute notice as described in this Article, and is intended solely for informational purposes. Failure to notify faculty members of funding problems by February 15 does not waive management's right to reduce the work force as described in this Article. C. The Trustees agree to consult with the Association prior to a reduction in force. D. Unused accumulated sick leave and credits toward sabbatical eligibility will be restored to him/her upon his/her return to active employment. E. 1. In the event of a reduction in force, the least senior faculty member in the area of current teaching specialization to be reduced shall be laid off. Also in the event of a reduction in force, part-time faculty positions shall be eliminated first. 2. A faculty member who is to be laid off may displace the least senior faculty member in any area of teaching specialization in which they have previously satisfactorily taught providing that he/she is currently qualified. 3. The displaced faculty member may, in turn, displace a less senior faculty member under the same terms as in Section E 2. Such displacement shall continue until all displacements are completed. 4. Full-time employees may displace less senior full-time employees or part-time employees, or may accept layoff. Part-time employees may displace less senior part-time employees or may accept layoff. 24

30 F. 1. For two (2) years following the effective date of layoff, a faculty member who has been laid off, who indicates a desire to be placed on a recall list, and who is not otherwise employed in a full-time MCCS position, shall be offered reemployment in the same or similar position at the Community College at which previously employed should an opportunity for such reemployment arise. The faculty member shall receive the same salary which was received at the time of layoff, plus any nondiscretionary increases in salary or benefits received by the faculty. Full-time employees may be recalled to full-time positions or part-time positions. Part-time employees may be recalled to part-time positions only. 2. All persons on the recall list shall regularly be sent Community College position vacancy announcements in the unit. For this purpose, it shall be the unit member's responsibility to keep the System advised of the unit member's current address. 3. Should a vacancy occur at another college within the MCCS System, unit members on the recall list shall be considered prior to the general public advertisement of the position. 4. Any offer of appropriate reemployment pursuant to this section will be accepted within ten (10) days after the receipt of the offer. In the event any offer of reemployment is not accepted, the unit member shall receive no further consideration pursuant to this Article. G. A member who is laid off may be eligible to receive severance pay. Severance pay will be based on his/her per diem rate as of the last day of service. This payment will occur the first pay period following the effective date of layoff. Eligibility for severance pay shall be as follows: Years of Service Severance Pay 0-3 years 0 days 4-10 years 15 days years 25 days 16+ years 35 days ARTICLE 24. TRANSFERS Any faculty member voluntarily transferring to another position within the bargaining unit shall be considered as being in continuous service, except that any faculty member on a probationary contract shall have one (1) year added to his/her probationary period and any faculty member on continuing contract shall serve one (1) year of probation in the new position. ARTICLE 25. SAFETY REQUIREMENTS A. The Trustees will take appropriate action to assure compliance with all applicable laws concerning the health and safety of faculty and students to provide and maintain safe working conditions. B. The Association agrees to support any programs required to meet the health and safety needs of faculty and students. 25

31 C. Faculty recommendations for purchase of safety equipment and devices for the College are to be made to the College President and are subject to approval by him/her. Any safety equipment or devices purchased by the College are the property of the Trustees. D. The faculty agree, as a condition of employment, to utilize the appropriate safety equipment and devices required in their areas of teaching specialization. E. The Trustees shall provide each faculty member who is required by law to wear safety shoes while teaching, a reimbursement allowance of up to one hundred and twenty dollars ($120.00) per year for safety shoes. The Trustees shall also reimburse each faculty member who is required by law to wear safety glasses while teaching, but who need prescription safety glasses, fifty percent (50%) of the cost of such glasses. Ownership of and responsibility for the normal life of such equipment remain with the faculty member. ARTICLE 26. WORKERS' COMPENSATION Where an employee, based on medical evidence provided by an employee's physician has been unable to work for one (1) year, the employee may be terminated from his or her position. Such termination shall not be considered disciplinary in any way. If the employee later becomes capable of performing the job duties of the position from which he or she was terminated, the employee may return to that position if it is vacant. ARTICLE 27. COMPLAINTS AND INVESTIGATIONS A. This article governs the review of complaints and allegations ( complaints ) that arise outside the regular review, monitoring and evaluation of faculty, and that could result in a written record, discipline or discharge. Such review will be conducted by a person designated by the College President. B. After a complaint is received, the faculty member will be notified. A preliminary review will be conducted consisting of interviewing the complainant(s) and witness(es). If the preliminary review does not find probable cause, the faculty member under review will be informed in writing that a complaint was made and dismissed pursuant to a preliminary review. If probable cause is found, the faculty member under review and Association Representative will be notified in writing of the specific nature of the complaint. C. When a faculty member under review is to be interviewed, the faculty member and the Association Representative will be notified in writing at least forty-eight (48) hours prior to the interview. Prior to the interview, the faculty member will be afforded a reasonable opportunity and facilities to consult privately with an Association representative and/or Association attorney, who may participate in the interview. The interview will be conducted at a reasonable time, place and, when practicable, during the faculty member s normal workday. In all events, the faculty member will be available for interview within seventy-two (72) hours of the notice, except as extended by mutual agreement, which agreement shall not be unreasonably withheld, due to extenuating circumstances, but in any event not to exceed ten (10) working days. D. The interview will be limited to questions that are directly and specifically related to the 26

32 faculty member s conduct as it relates to the complaint. Neither party will be subjected to any offensive or threatening language, and confidentiality of the interview shall be maintained by the parties. E. If a faculty member is to be interviewed as a witness only, the faculty member and Association representative will be so informed at least forty-eight (48) hours prior to the interview. If, during the course of the interview, it becomes apparent that the faculty member may be subject to discipline as a result of the information arising from the interview, the interview may, at the election of the faculty member, be terminated and the faculty member afforded the protection of this Article. F. All witnesses, including students, who may be interviewed in the preliminary review or investigation process shall be interviewed individually. G. All interviews under this Article will be completed as soon as practical. Reviews of complaints under this Article will be completed within ten (10) working days after all interviews are completed, unless extended by mutual agreement. The faculty member will be notified in writing within five (5) working days after the review is completed of the determination made. If the review determines that the complaint is unsubstantiated, no records pertaining to the complaint shall be placed in the faculty member s personnel file. ARTICLE 28. DISCIPLINE A. No faculty member covered by this Agreement shall be reprimanded or suspended without just cause. B. No faculty member with continuing contract status shall be discharged or suffer non-renewal of contract except for just cause. C. No faculty member shall be suspended without pay or discharged without notice in writing. D. A faculty member may meet with the President or his/her designee to discuss the action proposed or taken within three (3) days after receipt of the suspension or dismissal notice. The faculty member, if he/she chooses, may have a representative of the Association present to advise and/or represent him/her at this meeting. E. Any faculty member suspended without pay or dismissed may grieve directly to the System President at Step 2 of the grievance procedure within fifteen (15) days after the faculty member becomes aware of such disciplinary action. F. The Association shall be given prompt written notice of the discharge, suspension or non-renewal of any faculty member. G. A faculty member who is given a written reprimand shall be notified that a copy of the reprimand will be sent to the Association's steward if the faculty member requests it. The faculty member shall be given the opportunity to make this request when the reprimand is issued. 27

33 ARTICLE 29. GRIEVANCE PROCEDURE A. Definitions 1. Grievance: A dispute concerning the meaning or application of the specific terms of this Agreement/Contract. 2. Grievant: A faculty member, a group or class of faculty members, or the Association. When a group or class action is initiated, a reasonable effort must be made to name all members of such group or class. It is expected that the Association will be advised of and involved in the progress and resolution of any grievance. The Association has sole authority to move cases to the System President, to mediation, or to arbitration. 3. Academic Dean: The Academic Dean of the College 4. President: The President of the College. 5. System President: The President of the Community College System or his/her designee. 6. Mediator: a neutral individual, trained in labor relations, who facilitates discussion and if necessary proposes a solution. The recommendation of a mediator is not binding on either party. For the grievance to be resolved, both parties must agree to the mediator's recommendation. 7. Arbitrator: a neutral individual, trained in labor relations, who hears a grievance and makes a determination based on the merits of the dispute. The decision of an arbitrator is final and binding on both parties. 8. Days: For the purposes of this Article, days shall be defined as workdays, Monday through Friday, excluding recognized holidays, when College offices are open for business, unless otherwise specified. 9. Receipt of the Grievance: The date of receipt shall be the day the grievance was delivered to the office of the Academic Dean, College President, or System President, or their designee. B. General Rules 1. Failure to initiate or appeal a grievance within the time limits stated herein shall be a forfeiture of all rights to the grievance procedure as it concerns that matter. 2. Failure to respond to a grievance within the specified timelines, shall result in the grievance being filed at the next higher level, per the procedure. 3. The time limits in this Article may be extended by mutual agreement of the Parties involved at any step of the grievance procedure. 4. To the extent possible, grievances shall be investigated and handled to minimize interference with the regular work schedule. However, it is in the best interests of 28

34 all to resolve grievances as quickly as possible, allowing for full investigation of the facts. Therefore, if the work schedule becomes an obstacle to resolution, time off without loss of pay shall be granted to all parties to meet at any step of the grievance procedure. 5. A faculty member shall be represented at any level of the grievance procedure only by himself/herself and/or by an Association designated representative, or professional staff or counsel of the Maine Education Association. 6. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the faculty members. 7. All meetings and hearings under this procedure shall be conducted in private and shall include only the parties in interest and their designated representatives. 8. No grievance resolved at a level below the System President shall constitute a precedent for the System unless agreed to in writing by the System President and the Association. C. Levels in the Grievance Process 1. A Grievant brings the Grievance to the College Academic Dean. a. Any faculty member suspended without pay or dismissed may grieve directly to the System President. b. If the act or omission that gave rise to the grievance affects a group of faculty members at more than one college, the grievance shall be initiated at the level of the System President. c. The Association and the Academic Dean may agree to mediate the Grievance. 2. If a satisfactory response is not received from the Academic Dean, the Grievant may appeal the grievance to the President of the College a. The Association and the President may agree to mediate the Grievance. 3. If a satisfactory response is not received from the President of the College the Association may appeal the grievance to the MCCS System President. a. The Association and the System President may agree to mediate the Grievance. 4. If a satisfactory response is not received from the System President the Association may appeal the grievance to arbitration. D. Timing and Format of the Grievance Process 1. Initiation of a Grievance a. A grievance must be filed (Level 1) within 30 calendar days of the act, omission, or first reasonable knowledge of the act or omission that gives 29

35 rise to the Grievance. The grievance shall be initiated with the Academic Dean in writing on the grievance form, Appendix D. b. Any faculty member suspended without pay or dismissed may grieve directly to the System President (Level 3) within fifteen (15) days after the faculty member becomes aware of such disciplinary action. c. If the act or omission that gave rise to the grievance affects a group of faculty members at more than one college, the grievance shall be initiated at the level of the System President. d. Within five (5) days from receipt of the grievance, the Academic Dean shall meet with and discuss the grievance with the grievant. e. The Association and the Academic Dean may (and are encouraged to) refer the grievance to a third-party mediator for a recommended solution. Mediation procedures and timing are set forth in Section E. f. Within five (5) days of the discussion or mediation, the Academic Dean shall respond to the grievant in writing. g. If the Academic Dean fails to respond, the grievance shall be filed with the College president. 2. Appeal to the College President a. Within ten (10) days of the response from the Academic Dean (or lack of response), the grievant may appeal the decision of the Academic Dean to the President of the College in writing on the grievance form, Appendix D. b. Within ten (10) days from receipt of the grievance, the President shall meet with and discuss the grievance with the grievant. c. The Association and College President may submit the grievance to a mutually agreeable third party mediator for review and recommendation(s) for resolution per Section E of this Article of this Agreement. d. Within ten (10) days from the discussion or mediation, the President shall respond to the grievant in writing. e. If the College President fails to respond, the grievance shall be filed with the System president. 3. Appeal to System President a. Within ten (10) days of the response from the college president (or lack of response), the Association may appeal the decision of the College president to the System President in writing, in care of the Office of Human Resources, on the grievance form, Appendix D. b. The appeal should be accompanied by the President's written response if any. c. Within twenty (20) days of receipt of the grievance, the System President or their Designee shall meet with the grievant to discuss the grievance. d. The Association and the System President may submit the grievance to a mutually agreeable third party mediator for review and recommendation(s) for resolution per Section E of this Article of this Agreement. e. Within 10 days of the meeting or mediation, the System President shall respond to the Association in writing. f. If the System president fails to respond, the Association may submit the grievance to Arbitration in accordance with section D.4, below. 30

36 4. Arbitration E. Grievance Mediation a. If the Association is not satisfied with the response at the System President's level, the Association may appeal the System President's decision to arbitration by notifying the System President by letter of such intent within fifteen (15) days of receipt of the System President's response. b. The System President and the Association representative shall meet to select a mutually agreeable arbitrator within five (5) days of receipt of intent to arbitrate. If the parties have met, but are unable to agree upon an arbitrator within ten (10) days of the meeting, the Association may file a Demand for Arbitration with the American Arbitration Association (AAA). The arbitrator shall then be selected through the AAA in accordance with AAA rules then in effect. The Demand for Arbitration should include both a copy of the written Statement of Grievance written responses received at the previous levels. c. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is a violation of the terms of this Agreement. The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement. d. The cost for the services of the arbitrator shall be borne equally by the parties. e. The arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The arbitrator shall be requested to issue a written decision within thirty (30) days after completion of the proceedings. The arbitrator shall be bound by the rules of the AAA which are applicable to labor relations arbitrations and which are in effect at the time of the arbitration. In the event of a disagreement regarding the arbitrability of an issue, the arbitrator shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the arbitrator shall then proceed to determine the merits of the dispute. 1. The parties may agree to mediate cases pending at any level by mutual agreement. In general, Mediation is recommended as an effective means to resolve most disputes. 2. Grievants and representatives of the Association shall be granted administrative leave to attend mediation sessions without loss of pay or benefits. Up to two grievants will be granted leave for class action grievances and requests for large groups shall not be unreasonably denied. 3. The costs of mediation shall be borne equally by both parties. 4. In the interests of time and efficiency, it is recommended that Mediators will use 31

37 "Shuttle Diplomacy" to mediate the issue until such time as a single meeting seems likely to be productive. This will minimize individual work disruption and allow faster resolution than trying to schedule all parties to the same place at the same time for multiple meetings. 5. Mediation meetings of all stakeholders shall be scheduled at least two (2) weeks in advance to afford maximum convenience to both parties. 6. The parties shall attempt to resolve one case at a time in one day of mediation, but may extend beyond one day or combine related cases by mutual agreement. Mediation efforts should be limited to thirty (30) days to allow for preliminary discussions and scheduling of a mediation meeting. Continuing mediation beyond thirty (30) days may be done with mutual agreement and some expectation of successful resolution. 7 Three rooms will be provided by the System for mediation meetings as available at a mutually agreeable site. At the campus level, mediation will use local facilities. At the System President's Level mediation may occur in the system offices or use local facilities. Each party will have one representative present their position to the mediator in a joint meeting unless mutually agreed or decided by the mediator to omit this step. The grievant may also speak separately if desired. Each party will thereafter work with the mediator in their respective break rooms. 8. Any discussions which occur during mediation shall be admissible in any subsequent arbitration, administrative or judicial proceeding. 9. Each party will assure that its participants have full authority to settle cases. If a party representative is unavailable for a scheduled case, an alternative representative shall be prepared to proceed and such unavailability shall not be grounds for postponement of mediation. 10. All agreements reached in mediation shall be immediately reduced to writing and the parties shall be bound by these agreements. 11. All costs of mediation, including fees and expenses of the mediator, shall be divided equally by the parties except that the System shall not charge the Association for meeting space when sessions are held at the System. Each side shall pay for its own costs associated with the presentation of its case. 12. The parties agree to negotiate in good faith over additional ground rules as needed. The mediator may assist in these negotiations if requested by either party. 32

38 MAINE COMMUNITY COLLEGE SYSTEM BOARD OF TRUSTEES AGREEMENT WITH THE MAINE EDUCATION ASSOCIATION FACULTY UNIT In witness whereof, the parties hereto have caused this Agreement to be executed as indicated below. MCCS MEA Honorable Daniel E. Wathen Chair, MCCS Board of Trustees Tim Wooten UniServ Director, MEA John Fitzsimmons President, MCCS Sally Doe President, MCCS Faculty Association Kimberley A. Ehrlich Director of Human Resources Durward R. Huffman Chief Academic Officer 33

39 MEMORANDUMS OF AGREEMENT 34

40 MEMORANDUM OF AGREEMENT BETWEEN THE MAINE EDUCATION ASSOCIATION FACULTY UNIT AND THE MAINE COMMUNITY COLLEGE SYSTEM The parties agree that the new pay scale will be implemented as follows: A. Level Placement 1. Faculty members in programs which have been placed on Salary Scale Pathway A will be placed on levels according to the following criteria: a. No degree/associate degree Current Level II New Level III Current Level III New Level IV b. Bachelors degree Current Level II New Level V Current Level III New Level VI c. Masters degree Current Level I, II, III New Level VI 2. Faculty in programs which have been placed on Salary Scale Pathway B will be placed on levels according to the following criteria: a. Bachelors degree Current Level II New Level IV Current Level III New Level V b. Masters degree Current Level I, II, III New Level VI c. Doctoral degree Current Level I, II, III New Level VI 3. Notwithstanding the above, any faculty member who has not completed four (4) years in the system as of 7/1/99, will be placed one level lower until they have completed four (4) years of employment with the System, at which time they will receive a level movement. 35

41 4. Credentials governing Salary Scale Pathways A and B will govern level placement of faculty members hired on or after July 1, 1999, with new faculty placed one level lower pending completion of four (4) years of employment with the System. {Note: Article 22, Section 5b, eliminated this provision, effective July 1, 2001.} B. Step Placement C. Other 1. All active faculty members who were employed with at least one (1) year of service prior to the expiration date of this agreement who were not at the top of the salary schedule will receive a step on the salary schedule, effective July 1, All faculty members who receive a step on the salary schedule will be moved to the new pay scale to the step closest to, but not less than, a two percent (2%) increase. 2. All active faculty members who were employed with at least one (1) year of service prior to the expiration date of this agreement who were at the top of the salary schedule will be moved to the new pay scale to the step closest to, but not less than a two percent (2%) increase. All faculty members who were at the top of the salary schedule will receive a three percent (3%) step on the new scale. 3. Faculty members hired on or after May 15, 1999 will be placed on the new salary scale at a step closest to, but not less than, annual salary at time of hire. Faculty members who were on Level II, Step K prior to step movement described in B.1. above will receive a one-time payment of three hundred fifty dollars ($350.00). Faculty members who were on Level III, Step L prior to step movement described in B.1. above will receive a one-time payment of five hundred dollars ($500.00). D. Salary Scale Pathways Programs of study have been listed in Appendix B and have been designated Salary Scale Pathway A or B according to the differentiation provided by following questions: a. Where is the typical graduate of the program employed (in a trade or other work of a similar nature)? b. Does the program prepare graduates to work in a support (paraprofessional position for a professional (e.g. lawyer, engineer, medical professional)? c. What is the level of science and math required to complete the program? d. Does the program of studies prepare graduates for a career path in management? 36

42 e. How does the College s program of study description and classification (CIP) number) compare to the generic descriptions prepared by the U.S. Department of Education s National Center for Educational Statistics? f. Does an external accrediting or certification body require a master s degree? E. Appeals of Salary Scale Implementation The parties agree that appeals of salary scale placement will be addressed through an internal appeals process. 1. Categories of appeal Matters subject to appeal shall be limited to: a. individual educational credentials; b. level placement on old scale; c. program placement on Salary Scale Pathway A or B; and d. other items by mutual agreement of the parties. For any appeals under Item c. above, Program of study placement on Salary Scale Pathway A or B, must be appealed by all faculty members at a College assigned to teach in this program of study. Individual appeals under this category will not be heard unless by mutual agreement. 2. Appeals process a. All appeals under this agreement shall be filed no later than thirty (30) calendar days from the Board approval date of the collective bargaining agreement. Appeals letters shall indicate the category of appeal and shall be filed to the College President with a copy to the local College Faculty Association President. b. Appeals filed at the College level shall be heard within thirty (30) calendar days of filing. If resolved at the College level, the College President shall notify the System Office and the Maine Education Association of the resolution. c. If not resolved at the College level, the appeal shall be filed with the System Office and the Maine Education Association within fifteen (15) calendar days of receipt of a written denial by the College President. d. The System Office and the Association shall attempt to resolve the matter no later than thirty (30) calendar days of receipt of the appeal. If it is not resolved, the matter shall be submitted to a Review Committee. e. A Review Committee shall be established as necessary to hear appeals of faculty 37

43 members for placement on the new salary scale. The Committee shall be comprised of one (1) panel member designated by the Maine Education Association, one (1) by the Trustees, and a third neutral person chosen by the other two, who shall serve as the chairperson of the review committee. Any costs of the neutral chairperson shall be shared equally by both parties. The Committee shall be charged with the responsibility of evaluating and making judgments of criteria for placement on the new salary scale. The Review Committee shall meet as soon as practicable after receipt of notice of appeal by the Association and may hear multiple appeals, if agreed by both parties. The majority decision of the Committee shall be final and binding on the parties. f. In appeals involving placement of a program of study on a Salary Scale Pathway, the criteria listed under Section D above, Salary Scale Pathways, will be used by the Committee as the basis for its determination. 38

44 System Wide Labor Management Committee 39

45 40

46 APPENDIX A MAINE COMMUNITY COLLEGE SYSTEM MEA FACULTY UNIT SALARY SCALE EFFECTIVE 07/01/ /01/2011 I II III IV V VI A 1 $29, $30, $31, $32, $33, $34, B 2 $30, $31, $32, $33, $34, $35, C 3 $31, $32, $33, $34, $35, $36, D 4 $32, $33, $34, $35, $36, $37, E 5 $33, $34, $35, $36, $37, $38, F 6 $34, $35, $36, $37, $38, $40, G 7 $35, $36, $37, $38, $40, $41, H 8 $36, $37, $38, $40, $41, $42, I 9 $37, $38, $40, $41, $42, $43, J 10 $38, $40, $41, $42, $43, $45, K 11 $40, $41, $42, $43, $45, $46, L 12 $41, $42, $43, $45, $46, $47, M 13 $42, $43, $45, $46, $47, $49, N 14 $45, $46, $47, $49, $50, O 15 $46, $47, $49, $50, $52, P 16 $47, $49, $50, $52, $53, Q 17 $50, $52, $53, $55, R 18 $52, $53, $55, $57, S 19 $53, $55, $57, $58, T 20 $57, $58, $60, U 21 $58, $60, $62, V 22 $62, $64, W 23 $64, $66, X 24 $68, Y 25 $70,

47 APPENDIX B PATHWAYS LEVEL/DEGREE EQUIVALENCIES SALARY SCALE PATHWAY A Level I: 4 years trade experience Journeyman License Level II: 8 years trade experience Masters License Associate degree 4 years trade experience Journeyman License & 450 points or & 450 points or 30 credits 30 credits Level III: 8 years trade experience Masters License Associate degree & 450 points or & 450 points or & 450 points or 18 credits 30 credits 30 credits 4 years trade experience Journeyman License & 450 points or & 450 points or 30 credits 30 credits Level IV: 8 years trade experience Masters License Associate degree & 450 points or & 450 points or & 450 points or 18 credits 30 credits 30 credits 4 years trade experience Journeyman License & 450 points or & 450 points or 30 credits 30 credits Level V: Bachelors degree Bachelors degree Bachelors degree Level VI: Bachelors degree Bachelors degree Bachelors degree & 270 points or & 270 points or & 270 points or Masters degree Masters degree Masters degree - Points used for level movement will be Professional Development Points (PDP s) and will be earned by participating in professional development/college service activities which have been previously approved by the College for credit of PDP s. Once PDP s have been used for level attainment, the PDP balance returns to zero. Credits approved by the College may replace points where three credits equal 45 points. - Trade faculty hired after 7/1/99 will be required to attain a Master s degree for Level VI placement. Masters degree must include 9 12 graduate credits in teaching methodology, assessment, and learning theory if not already included on the baccalaureate credential transcript, unless waived by mutual agreement of the faculty member and the college. 42

48 APPENDIX B Pathways (continued) LEVEL/DEGREE EQUIVALENCIES SALARY SCALE PATHWAY B Level I: Level II: Level III: Level IV: Level V: Level VI: Pre-scale level, no degree Pre-scale level, Associate degree Bachelors degree Bachelors degree plus 18 credits Masters degree Masters degree in related discipline OR Masters degree plus 18 credits OR Doctoral degree New faculty placed on Level I or Level II will not progress to other levels without attainment of appropriate credential. New faculty hires on these levels will be asked to enter into an employment agreement stipulating degree attainment as a condition of continued employment. 43

49 APPENDIX B Pathways (continued) EFFECTIVE 7/1/99 SALARY SCALE PATHWAY A CMCC Automotive Technology Building Construction Technology Culinary Arts Electromechanical Technology Ford ASSET Graphic Arts/Printing Technology Machine Tool Technology Mechanical Engineering Technology EMCC Automotive Technology Building Construction CADD Culinary Arts Electrical Power Electronics Technology Machine Tool Refrigeration/Air Conditioning Welding Technology KVCC Applied Electronics & Computer Tech. Electrical Lineworker Technology Industrial Electrical/Electronics Tech. Applied Industrial Maintenance Precision Machine Tool NMCC Auto Body Repair Automotive Technology Computer Electronics Technology Diesel Hydraulics Drafting & Related Subjects Drafting Technology Electrical Construction Technology Electrical Engineering Technology Industrial Safety Instrumentation & Controls Plumbing & Heating Residential Construction Sheet Metal Welding SMCC Automotive Technology Building Construction Technology Computer Technology Electrical/Electronics Culinary Arts Integrated Manufacturing Technology Law Enforcement Technology Marine Science Plumbing, Heating & Air Conditioning Technical Graphics & Design WCCC Automotive Technology Boatbuilding Building Construction Food & Hospitality Diesel Service Drafting Heating Heavy Equipment Operation Marine Mechanics Plumbing Residential/Commercial Electricity Welding YCCC CADD Culinary Arts & Hotel/Restaurant Mngmt 44

50 APPENDIX B Pathways (continued) EFFECTIVE 7/1/99 SALARY SCALE PATHWAY B: CMCC EMCC KVCC NMCC Architectural & Civil Engineering Techology. Business Administration & Management Clinical Laboratory Science Comm, Humanities & Social Science Computer Technology Developmental Studies Math & Science Nursing Occupational Health & Safety Business Management Computer Networking Developmental Studies Early Childhood Education English Math & Science Medical Laboratory Medical Radiography Nursing Social Sciences Administrative Office Technology Associate in Arts Business Administration Computer Applications Technology Health Information Technology Humanities and Social Sciences Library Math & Science Medical/Dental Assistant Nursing Occupational Therapy Assistant Paramedic/Emergency Medical Technology Physical Therapy Assistant Respiratory Therapy TRIO/Student Services Radiography Assistant Accounting Administrative Assistant & Related Subjects Business Administration Computer Systems Technology Developmental Studies English Mathematics Nursing Physical Education Psychology Science Social Sciences SMCC WCCC YCCC Academic Computing Center Administrative Office Management Behavioral Health Technology Business & Technology Administration Cardiovascular Technology Dietetic Technician Early Childhood Education English Environmental Technology Hotel, Motel Restaurant Management Learning Assistance Center Liberal Studies Library Marine Science Mathematics Medical Assisting Technology Nursing Paramedicine Physics Physical Education Plant & Soil Technology Radiation Therapy Radiologic Technology Respiratory Therapy Social Science Video & Multimedia Technology Aquaculture Communications Computer Technology Dietetic Technician Early Childhood Education Heritage, Environ. & Adventure Tourism Mathematics Medical Office Technology Paraprofessional (Ed Tech) Office Information Systems Small Business Management Computer Technology Early Childhood Development English/Humanities Math/Science Office Information Systems 45

51 APPENDIX C STIPEND COMPENSATION FORMULA The following formula can be used to determine compensation for the above extra time activities. The factors contained in the formula consist of time, responsibility, and experience. There are five factors in this category which represents the number of hours spent on an extra time activity. Hours Time Factors RESPONSIBILITY (Factors 1-3) A subjective judgment must be made as to the responsibilities of those who are devoting extra time for these activities. 1. Number of participants; 7. Length of schedule; 2. Problems of students behavior; 8. Location of activity 3. Care and supervision of college property; 9. Problems of transportation; 4. Degree to which activity involves public; 10. Instructional emphasis; 5. Schedule making; 11. Number of games and scrimmages 6. Care of handling finances; Assign a factor of 2 for pressure. CONSIDERATION OF PRESSURES (Factor 2) EXPERIENCE (Factors see Table Below) When a professional staff member has had coaching experience in the extra time activity, such experience will be recognized. Years of Experience: Percentage: COMPUTATION - Using the chart on the next page. 1. Add the factors you have assigned Time + Responsibility + 2 = Total 2. Multiply this total (a percentage) by Level I, Step A. 3. This result is the minimum basic pay. 4. Assign percentage factor for years of experience. 5. Multiply this factor by minimum basic pay. 6. This result is the added compensation for an athletic activity. 46

52 FACTORS FACTORS Activity Time 1-5 Responsi bility 1-3 Pressure 2 Total % Level I Step A Minimum Basic Pay Experience % Annual Pay Ath Dir V. Basketball Cross Country Golf Wrestling Riflery Skiing Student Senate Advisor Student Yearbook Advisor Baseball 47

53 Level 1: Academic Dean COLLEGE / YEAR TO: (Academic Dean) FROM: (Grievant) (Steward) APPENDIX D MEA FACULTY UNIT GRIEVANCE FORM Contract Reference: Article 8, Section D1 GRIEVANCE NUMBER DATE FILED: SIGNATURE OF GRIEVANT(S) SIGNATURE OF STEWARD: PROVISION OF AGREEMENT VIOLATED: [cite article, section, and paragraph of contract: e.g.: 8(B)(1)] DATE(S) OF OCCURRENCE GIVING RISE TO GRIEVANCE: STATEMENT OF FACTS AND EVIDENCE SUPPORTING THE GRIEVANCE: (Attach supporting documents as appropriate) REDRESS (ACTION) SOUGHT: I WILL BE REPRESENTED BY: DATE OF MEETING: DISTRIBUTION: Original - Academic Dean Copy - Shop Steward / College President DATE RESPONSE SENT:: Level 2: College President TO: (College President) FROM: (Grievant) (Steward) Reference: Article 8, Section D2 DATE FILED: SIGNATURE OF GRIEVANT(S): SIGNATURE OF STEWARD: REASON FOR APPEAL: If appealing due to lack of response, check here: DISTRIBUTION: Original - College President Copy - Shop Steward / MEA UniServ Director / Academic Dean Level 3: System President TO: (System President) FROM: (Grievant) (MEA Representative) Reference: Article 8, Section D3 DATE FILED: SIGNATURE OF GRIEVANT(S): SIGNATURE OF MEA REP: REASON FOR APPEAL: If appealing due to lack of response, check here: DISTRIBUTION: Original - System President, c/o Human Resources Copy - Shop Steward / MEA UniServ Director / College President USE ADDITIONAL PAGES AS NECESSARY KEEP A COPY OF THIS FORM AND ALL SUPPORTING DOCUMENTS FOR YOUR RECORDS 48

54 APPENDIX E DAY SCHEDULES BY CURRENT CAMPUS PRACTICE The Daytime Schedules at each college, within which teaching assignments will be completed, will be as follows: SCHOOL CMCC EMCC KVCC NMCC SMCC WCCC YCCC SCHEDULE 8:00 A.M. to 4:30 P.M. 8:00 A.M. to 5:00 P.M. 8:00 A.M. to 4:30 P.M. 8:00 A.M. to 4:00 P.M. 8:00 A.M. to 5:00 P.M. 8:00 A.M. to 5:00 P.M. 8:00 A.M. to 5:30 P.M. Note: Nursing and Allied Health faculty may begin earlier or end later, but the total hours within which teaching assignments will be completed will not exceed those of other faculty at the same college. 49

55 APPENDIX F MAINE EDUCATION ASSOCIATION SCHEDULE OF FEES Attorney Fees: UniServ Director Fees: Local Representative Fees: $120 per hour $90 per hour $60 per hour All fees are charged on the basis of minimum 15 minute periods. 50

56 APPENDIX G CURRENT WORKLOAD BY COLLEGE 51

57 CMCC 52

58 EMCC 53

59 EMCC-2 54

60 EMCC-3 55

61 KVCC 56

62 NMCC 57

63 NMCC-2 58

64 NMCC-3 59

65 NMCC-4 60

66 SMCC 61

67 WCCC 62

68 WCCC-2 63

69 WCCC-3 64

70 WCCC-4 65

71 WCCC-5 66

72 WCCC-6 67

73 WCCC-7 68

74 WCCC-8 69

75 YCCC 70

76 YCCC-2 71

77 APPENDIX H CURRENT DEPARTMENT CHAIRPERSON AGREEMENTS BY COLLEGE 72

78 73

79 CMCC-2 74

80 CMCC-3 75

81 EMCC -1 76

82 KVCC -1 77

83 KVCC -2 78

84 KVCC 3 79

85 KVCC 4 80

86 KVCC 5 81

87 KVCC 6 82

88 NMCC -1 83

89 SMCC-1 84

90 SMCC 2 85

91 SMCC 3 86

92 WCCC 1 87

93 WCCC 2 88

94 WCCC 3 89

95 YCCC 1 90

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